Case Information
*1 22 Hon. Frank xrlght, Earth 10, 1999, Page 2 kind and amounts, Commisaiotlers' ensutng month, pra-determined and allowed in as nearly es possible, by the Court onae eaoh month for the __ _ upon the application by eaoh oflloec, stating
the kind, probably amount of expenditure and the nedessfty for the expanses of his orfloe for such ensulng month, whioh application shall, before preaentatlon to said oourt, first be enaorna by the aouuty Auaitor If say, otharuiae the Oouuty Treaaarar, oaiy ai to whether iunds are available for pamnt of mm& sxpenoe*......,a l SUoh ptaOhaM# -11 be de%+&h otfloer, when allama, only by requI8ltion ia maawr provide4 by the County Auditor, ii any, otherulaa by the Oamlaalonara~ Court. Eaoh offloer ahall, at the oloae of eaoh -~ month of hiu tenure OS ofiloe, make an ItamLml aad aworn report of all apprwad expeaaea laourred by him and oharged to hia oounty, aooompanglag auoh report with lnvoloee owar- ing auoh parohaaer and nqalaltlona iaauad by him In tmppOrt of euoh report. If suoh expenaea be lnourred ln oonneotlon with anf partloular oaae, suoh report shall name ariah oaee. Suoh report, invoiaes and raqoialtlona ahall be aubjeat to the audit of tlm County Auditor, lr any, othenlae by the Comduaian- ara' Court, and If it appears that any item was not lnaurred by auoh ofiloer, or that suah item lga not a aeoaraary or legal ex- pense or suoh Ofrloe, or purchased upon pro- per requlsltlon, suoh item ahall ti by aald Couaty Auditor rejeated, ia whlah or.oourt ease the payment of suoh Item may be ad&x- dioated in any oourt & aoapetent jurladlo- tion. All euoh approved olalma and aooounfs shall be’ paid from the Oifiosrs* Salary Fund unless atherwiae provided herein,....."
It appears from the reading of the above provi- elons that ,auoh oonditloas therein were intended by tha Legislature to be oomplfed vrlth by the oountg offiaial *2 2% Eon. Frank Wright, March 10, 1939, Pae,e 3
before he oould, as a matter of rlghtk.de-mnd paynent of auoh expense.
Assuming that suoh ooadltlons as set forth in Article Se99 have been oomplled with, it 1s therefore the opinion of this Department that where suoh orrlcers as named in Artiole 3883, aa amended, are required by law to make bond, they oaa damand, as a matter of right; that augh Item of e%puma ba appromd and that said bond premIuma be paid out of tha Cfflaera~ Salary had. Tha Mttsr ofrwaonablaneaa OS l uohoxpanao; homrar,and it4 approval mat4 rithia thr aimti0n or tb3 oar- d.aalou~ra* oO(trt, sad ouly when there la a a&ear abuti of l uoh dlaontion, aould it ba said that allow&w and payment of auohproaltamwoaldkundatoryonthepart of the aounty offlaiala.
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APPRm:
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ATTORNEY GENERAL OF TIEAS