The follavflng statutory pmvi*iooa, or rol.atlve arts therclot, pertain to the o~peasatfan of the Oountr fr char

ehrt. 3941. The oounty treasurer shall rsoeive 0s~i~115510ne on the momge reeetved *2 &!r. E. P. Jenninge, Xaroh 21, 1939, Page 2

and paid out b? hinqseid oommlssloas to be fixed by order of the oonuiasionere ~061% 138 follows: For receiving all moneys, other than school funds, for ths county, not ex- ceeding two and one-half per cent, and not exceeding two acd one-half per cent for pay- in? out the aaue; provided, that he shall receive Ii0 comisaions for reoelvlng money fran his predeoesaor nor for paying over money to hle tmeoeaaor in offioe.- 5943. The ee~Iessime allowed to Qrt. eny Ooenty Txeemrer &all not exoeed ho Thousand Dollare (&MC) annuelly;....a The oaee of Davenport et al vs. Eaatluad Oounty, reported In 60 SW S43, the Supreme Court ooa- 8txue.d the above provIsion ae to the Intention of the Legislature rlth refereuee to oaspeneatfou of the Cous&y Treaeurer, to give to the County Trenaurer #2,OOO.C0 per nnuum, to be paid out of feec~ whloh might be rhea by the Commleelonere* Oourt, If euch fees 8houl.d amount to that sum. Thie oaee, we think, clearly dealgnate6 when thla oompeneatlon la earned or payeble by at&Ins that %eme should be treated aa if the County Treeeurer were on a ealary OS ~2,OOO.OC a year, and be given hI8 proportionate part of saoh ealary for the length of time he we8 engaged In serving the county, provided the feea aoorulng during the tiae ehould be qqtml to that proportlon of thw whole ealkry.

It appeare from the Davenport oaee, supra, that the oompeneetlon of the County Treasurer ae fixed by etetute 1s baaed upon the length of tlme served, regard- less of when oommlselonlr are earned. We are unable to find any statutory authority fox the CommIesIonere* Court to advanoe Aalary or make a l.oen of pub110 funds. In faot, Seotlon 32 of Artlele 3 of the Constitution of Texas pro- hlqlts the oounty from lending lte orealt. or rtttiam.

It Is, therefore, the opinion of this Depati- ?ent that under the statutory provision6 allowing the *3 Er. d, F. Jennings, Maroh 21. 1939, Page 3 County Treasurer ~ommlsslona, limitin< same not to exoeed $2,000.00 annually, the Sommiasloners' Court is unauthorized to ncivance or allow compensation un- earned baaed proportionately as one, two or three months bears to the annual maximum eompensatlon.

Very truly yours WmK:AW

OF TEXAS