*1 OFFICE OF THE ATTORNEY GENERAL AUSTIN

Hon. II. A. Eodgee

County Auditor of

w111iems0n county

Georgetown, Texas

Dear +fr. Hodges:

YOW r6qa0t r0r the que8tiona in whiah th

ph?Of oour 1o*tor you eat0 quested by the aonstablo of your oomty I'ma this Dopartmoat relative to the orvioee psrfcmed fbr out-of-oounty on ie dlreoted to Senate Bill Loo. 5, r;zjojlt;th Legf6lature. Bootlon 17b, *In aounties whsreln the Ootmtg offioera named in this Aot are oompeneated on the bade of an annual salary, the State of Texas shall not be ohargad with and shall IIOt pay any Se0 or oommlssion to any Qrsoinot offioer for any *2 Hon. R. A. Hodges, January 20, 1939, Page

servioes by him performed, but said ofrloer ohall be paid by the County out of the Offioers' Salary Fund puch fens and oosnulsalons as would otherwlae be paid him by the State for suoh sarvloes.w In view of the abovementioned ertlole, you are re- advised that a oonetable in an over oounty, who epeotfully remains on a fee basis and who reoeives a subpoena from ano- ther county, to be served In his preoinot, should, upon the reoeipt of a proper certlfioate from the foreign oounty, be paid out of the Offioers' Salary Fund of his native oounty. Thfa department has reoently rendered an oplnlon on this quea- tion to the Ron. I. Predeoki, Qaunty Auditor ot 'Cklverton County, a oopy of whloh 1s anolosed herewith.

Trusting that the foregoing anawem your inquiw, I remain

AWbw

S~aLosuRE

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