Your request for an opInIon.on the above stated ques- tion has been received by this office. Your letter reads in part as follows:

"Mom McGehee Is County Superintendent or Schools In Taylor County, Texas,.and Is required under . the law to.nake a one thousand dollar bond. Maryland Casualty Company has made his bond for $1,000 whlah hss been approved by the Comleslonersl Court, and has oharged a pre- mium of $18.50 for making this bond.

"Taylor County pays the premIu31 on bonds exe- cuted by other officials In the court house. Under the law shculd tile aounty also pay the premium on 5fr. BcGehee's bozxi as they have the other officials In the court house? If Taylor County is not obligated to say the prenium on this bond, who is supposed to pay sazm, and out of what funds should this be paid?"

;zticle 2689 of the SevIsed‘CI+Il Statutes provides: "The county superintendent shall first take the official oathand shall enter into a *2 C’ x : i., Honorable Esco Xalter, Xarch 25, 1939, Page 2

bond of the sum of one thousand dollars, with good and sufffclent sureties, to be my- able to and approved by the coxnlssloners~ court ) conditioned upon the faithful perfor=- ante of his duties. Any SW collected on a forreiture or said bond shall beoome a part of the'avaIlab1.e county school fund." ~- Article 3899 or the Revised Civil Statutes, which provides ior all reasonable expenses necessary in the pro-~ per and legal aondftct~.bi-office Including premluns on offi- cial bonds and the costs of surety bonds for deputies, applies only to the oiilclals specIfIaally named or designated In,ArtIole 3883. The County Superintendent of public instruc- tions Is not named in Article 3883, thersl'ore Article 3899 supra would not ?=I spplleable rsicitlve to the County Superintendent of public InstructIons.

kiter a careful search and Investigation of statutes we are unable to find any statute'whlch ~authorlzes the' CozmIs- sloners' Court to pay the premium on the official bond oi the County Superintendent or public Instructions.

You are respeotfilly advised that It is the opinion of this Department that the Commissioners*. Court has no author- ity to pay the prsmIn on the otflclalbond on the County Superintendent of public lnstructIons out of any County funds and the County Superintendent of public f'unds would be per- sonally liable snd shbuld pay the premium on his otflclal bond.

Trusting that the foregoing anTera your Inquiry, we remain.

Yours very truly \ AlTOFmY c-amAL OF TEXAS By Ardell ;:'IllIaius (Signed) 'Ardell xilllains Assistant Ah': bbb

AE?ROVXD:

X. F. Moore (SQned)

XEST ASSSISTANT XPTORNEY GENERAL