Your request for an opinion on the above stat ad question has been received by this office.

Article 3895, Revised Civil Statutes, reads a follows:

The Commissioners Court is hereby declared from allowing compensation for ex-officio services to county officials when the compensation and excess fees which they are allowed to retain shall reach the maximum provided for in this chapter. In cases where the compensation and excess fees which the officers are allowed to retain shall not reach the maximum provided for in this chapter, the Commissioners Court shall allow compensation for ex officio services when, in their judgment, such compensation is necessary, provided, such compensation for ex officio services allowed shall not increase the compensation of the official beyond the maximum of compensation and excess fees allowed to be retained by him under this chapter. Provided, however, the ex officio herein authorized shall be allowed only after an opportunity for a public hearing and only upon the affirmative vote

*2 Hon. Bill S. Watkins, March 28, 1939, Page 2

of at least three members of the Commissioners' Court.*

Article 3898, supra, authorizes an allowance for ex-officio services within the limitations stated. "Ex-Oficio" signifies from or by virtue of office. It means an authority derived from official character or annexed to the official position and not expressly conferred upon the individual. The expression has been said to refer to services which, though imposed upon the officer because of his official position, are not necessarily incident to the performance of the general duties of his office. Nichols vs. Calveston County, 235 SW 1116.

Section 9, Article 8 of the Texas Constitution prescribes the maximum rate of taxes for general purposes for roads and bridges, for juries, and for permanent improvements respectively. The money arising from taxes levied and collected for each of the above enumerated purposes are constitutional funds.

The Commissioners' Court has no authority to transfer money from one to another constitutional fund, or to expand, for one purpose, tax money raised obtensibly for another purpose. The immediate purpose of the provision is to limit the amount of taxes that may be raised for these several purposes, respectively, and is also designed to inhibit excessive expenditures for any such purposes and to require that any and all money raised by taxation for any purpose shall be applied to that particular purpose and no other. Carroll vs. Willis 202 SW 504; Ault vs. Hill County, 116 SW 559; Tex. Jur. Vol. 11, pages 509-10-11; Henderson County vs. Burk, 262 SW 94.

You are respectfully advised that it is the opinion of this Department that the ex-officio salary of the county attorney or no part thereof can be paid out of the General Fund and Bridge Fund as this fund is a

*3

Hon. Bill S. Yatkins, March 28, 1959, Page 3

constitutional fund and the money of such constitutions fund must be applied to that particular purpose for which it was raised and no other.

Trusting that the foregoing answers your inquiry, we remain

Very truly yours ATTORNEY GENERAL OF TEXAS of Cholele wiesin Ardell Williams Assistent AW:AM APPROVED: