Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Janus III, 1989 Pil8OII Eononble Allen 0. D.w ,Attorner
Borfne, Ten0
will una fou fou prement ed.
st an opinion, it ith rbquoat for a npuert that you do not BJ LRIRdLCU;.,, AS#ldant
tebxuary 7, 1939 Ho-able Allen 0. Wilson CountJ Attornb~
Roorne, Texas
DearMr.WIl~n OpInlo5 Ro. o-lu
R~;ru$IrIoation or Deputy Your lettsr of January 12, lOsO, requesting a5 opI5Ion has bean rmaaivad by this Department. The portlnent portio5s or 'four lbttsr being as ?ollowsr
*On January 1 a 5ew sherift, oolleotor and as- seasor assunmd thb duties I5 this oounty anb being lnsxpsrlenoed he has appointed as ens o? MS depu- ties a man whose resldenoe is outsldb this oounty. *I m&Q like hare rour opinion as to whether or not tills is legal aad timether he oe pay this person out o? fees o? offloe or whether he oan only employ him assist and pay htm out o? his pareonal funds. Furthor, is a deputy supposed to hare the sams quall?IcatIo5s as to rssldenoe, l to., as the eleoted oifloer.n
Zt 18 the opl5lon o? this Department, a5d fou are so ad- ty it would be lsgal ior the shsri?? to employ as a do ~lsed that a parson vbc~ is a aon-resldmt o? the sountyi In this oonneot r 05, It Is assumed that the &puty,opon appointment, has aore& or dll move, his resldenae to the aountl where he expeots to sem, oo1- plying with Artlole 16, Seotlon 14, ot the Oonstltutlon.
Thb statutes of Texas do not presorlbs a5y spsolilo @aal- %?IoatIoas Sor a deputy sherl??. Be Is apowered perrorm the duties o? the shsrlir, and upon his appointment to tlm orrloe, bs is required to take the oath that 1s a&sInIstered to other pub110 otilolals as 1s prmldsd In Artlole 16, Seotlon I, o? the Co5stl- tutlon or the Stats of Texas. I? he OM mast the qualifloatlons or this oath, he oan legally pualifr as a deputJr shsrlf?. Rshmsl See also, Barkreader vs. ts. Roam% of.Suprs., 134 R.W. 596 (Iowa). State, 33 S.R. 117.
Hon. Allen C. Wilson, ?ebruary 7, 1939, Page 2
In ssswer t&s queetlon with r8ferenOb how the deputy should bs aid, your attention is dlrootsd to Artisle 3902, Rerlssd Olr 1 P Statutes of Texas, whloh protldss the marl- mum amoullt to, b8 paid deputy 8horirr8. It is the opiel05.0r this Department, snd you are so advised, that salarlss should be paid out or the fees of offloe.
Tours rbry truly ATTORNRY ORIQCRAL OF TEXAS APPROVED:
A!lTORNZY O?!X?ERAT. Oi