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TEEA~TORNEY GENE
OF TEXAS
May 19, .195q’:,‘::i
.~ Hoderhbls Robert 9, Cdlvert
Comptroller of public Accounts ‘I ,‘, .’ ’
Capitol St&ion 3
Austin, Texas
Cpln’lon NON..W-628
Re: Payment ‘of fees or
commiaWmi3 earned
ln ,olvll’ proceedings
In which the State
Dear Mr. Calvert:” :. Is a party.
Your request for an. .oplnlon reads as follows:
“Under the provlslons of’ Article
39120 R.C.S.,~9e0tioh:li. Section 3,
Section 5 and Sectlonl9, Subsection
(j) ls’it legal ‘for thiadepartment to
issue a warrant to a county or district
officer for fees or commlsslons earned
by thea~ln’clv~l proceedings in which
the State .I6 a Party to the ault? Or,
should all fee? tifid’~commlsslons be paid
only to the clerk ‘6n a.aost bll’l for all
such fees: and commissions earned, by the
officers In’ the case? In the event you
rule that~‘only the cost .blll should be
paid, ,should. the warranVbe made payable
jointly to.the ,clerk and the county
treasurer?
:.‘!In.‘the: event you ruJb< ‘that,. the ‘fees
in aiyll +aaes *here. t@e: .State -is :a party
’ to the’ suit .bhould. be ,pald directly, to the
offlders~~who earned. them, would, it. beg nec-
eesa’ey .for +hls departmint,, to~determine \
that the off,lcer has been conmii~sloned~under ’
,the pro.vlsldns ,of htlcie 3882'R~,C.S. 1 Undei-
the bamti,,aondltl,ons would ,it be necessary
?a the. ofiioer: to, make: the ‘loya&ty .oath pro-
‘VI 1; ed :?or
*’ by Art,lole’ 6,232-r R. 12;s. and; file
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Honoralbe Robert S. Calvert, page 2 (~~-628)
with thle department before he could
paid his fees.by this department?
“Is It necessary for the loyalty
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oath, provided f,or by ArtiOle 6252-i’
R.C.S., be made by an officer In a fee
oounty and filed with this department
before he oould be paid by this d&part- ’
ment for any fee .earned by him In a fel+Xy,
case?’
Section 61 of Article XVI, Constitution of Texas*,
provides ln,part as follows:
“All fees earned by district, county
and prealnct offloers shall be paid Into.
the county treasury where earned for the
account of the proper fund, provided that
‘fees lncurrsd by the State, county and any
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munlalpality, or in case where a pauper’s~
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* oath Is filed, shall be paid Into the’county .
treasury when colledted and provided that
where any officer Is compensated wholly on
a fee basis such fees may be retained by
.Y .;
such.offlcer orepaid Into the ~treasury of
the oounty as the Commissioners Couct may
: dfrect. i. . .‘I. I, . I
..‘, This section not only requ$ires that certain county,offl+qs
. ‘. be compensated on a, salary basisi ,but. requires that all feee
earned by such oFf.lcer be paid Into the county treaeury for
Wichita County v. Robi-neon,
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the acoount of the proper fund.
155 Tax. 1, 276 S;W.2d’,509 (1955).
‘.
Sect.lons l’,&d~ '3 of Artke 3912e’, Vernon’s cl&l
StCltutes, as ametided.bp Chapter 23, Acts 56th ,Legle’J,&ture,
Regular Sesslon,~.l959, effective Mar+ 1~0, ~1959, provide as
follows:
:
“Sectlon~ 1. No d&rlat offfce&&hkll
be paid by the State of Texas an$