TEtE A NEWGENERAL
TEXAS
Hon. wk. ?f.Hensley Opinion Ro. v-1127.
Criminal Mstrlct Attorney
Bexar County Re: Whether Article 682ga,
San Antonio, Texas V.C.S., authorizinga
State or dlstrlct of-
ficer In militaryserv-
ice to direct payment
of his compensationto
one temporarilyfill-
ing the office applies
to a Criminal District
Dear Sir: Attorney.
Your request for an opinion reads in part a8
followsn
. ,Do the provris
called Into military service?
If said statute does apply and
w2.
the Criminal Mstrict Attorney complies
with the statute by filing the reqnired
waivep with the Comptroller,would the
CommissionersCourt and/& the Auditor of
the officer's county be authorized to pay
the salary of the office to the person
designated to temporarilyfill the office
during the absence of the regularly elect-
ed officer?"
Article 682ga, V.C.S., providea:
'Section 1. Any person holdlm a
State or District office in the State of
whether as a member of the execu-
Be? legislativeor judicial departments,
when'called Into the lllilitarg
service of
either the State or Rational Governments,
is hereby authorized to ffle wlth the COW-
troller of Public Accounts of the State, a
; .
Hon. Wm. If.Hensley, page 2 (V-1127)
statement or certificateIn writing, to
the effect that he waives the payment of
his salary or pay OF the emoluments of
his said office during the period of his
military service and authorizingthe pay-
ment of such salary, pay OP emoluments of
his office to any other person, who, un-
der the provisions of any law of this State
is appointed OP elected to temporarilyfill
such civil office during the absence of such
officer, such waiver OP assignment to termi-
nate lzzzediatelgupon the release OF dis-
charge of said officer from such military
serviceo
"Sec. 2. Such waiver or assignment
shall be suffic‘ientauthority for the Comp-
troller of Public Accounts of the State of
Texas to issue State warrants and to pax
such person so holding such officerVs posi-
tion during his absence in military service
out of appropriations,madeby the Legisla-
hre for such office.
"Sec. 3. The filing with the Comptrol-
ler of Public Accounts of the State of Texas
of such waiver or assinnmentorovided for In
this Act shall never b; construed by any Court
of this State to be a resignationPram hls of-
fice by the person entering the zdlitarg serv-
ice of the State or Eational GoverzzzenteOP
that his office is vacant by reason thereof."
(Emphasisadded.)
The emphasized portion of Article 6829a, Ver-
non's Civil Statutes, shows conclusivelythat its provi-
sions are onlv aDDliCable to Dersons holdinz a State OP
district office in the State of Texas whose-salariesare
paid by warrants issued by the Comptroller of Public Ao-
counts of the State of Texas and to no other. Although
the C~imlnal Mstrict Attorney of Bexar County is a dis-
trict officer within the meaning of certain statutes,his
salary is not paid by warrants issued by the Comptroller
of Public Accounts on the State Treasury, but is paid by
the county from the County Officer's Salary Fund, to which
the State makes an apportionment. Att'y Gen. Op. O-6676
(1945)*
Therefore, in answer to your questions,you are
. ’
Hon. Wm. If.Rensley, page 3 (V-1127)
advised that the provisions of Article @29a are not
applicable to the Criminal Mstrlct Attorney of Bexar
county.
The provisions of Article 6829a,, au-
thorizlng an officer to dlxeot payment of
his compensationto one temporarilyfill-
ing the office, are not applicable to the
Criminal Mstrict Attorney of Dexar County
because his salary Is not paid by warrants
issued by the Comptroller of Public Ac-
counts.
APPROVEI): Yours very truly,
J. C. Davis, Jr. PRICE MlKEL
County Affairs DlVlSion Attorney General
Everett Hutchinson
Executive Assistant
m
Charles D. Mathews
First Assistant Assistant
JR:mv