Untitled Texas Attorney General Opinion

?.’ ., * ,, ,.;.,. . ‘. ., ‘, i ,’ .” 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 .;, ,, ,: ,( ,, ,_ “, . . . i;;‘.;.,: . . ~~, “-,.,’ ;: ~. i .’ ., .- 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 *--- - 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 ., : ..,, : munlalpality, or in case where a pauper’s~ :. * 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$ires that certain county,offl+qs . ‘. be compensated on a, salary basisi ,but. requires that all feee earned by such oFf.lcer be paid Into the county treaeury for Wichita County v. Robi-neon, .’ the acoount of the proper fund. 155 Tax. 1, 276 S;W.2d’,509 (1955). ‘. Sect.lons l’,&d~ '3 of Artke 3912e’, Vernon’s cl&l StCltutes, as ametided.bp Chapter 23, Acts 56th ,Legle’J,&ture, Regular Sesslon,~.l959, effective Mar+ 1~0, ~1959, provide as follows: : “Sectlon~ 1. No d&rlat offfce&&hkll be paid by the State of Texas an$