OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
A~TORNCI GINC,W.
Honorable Qeorge R. Sbeppsrd
c0i3ptroim or Publi0 ib300um
Austla, TenI
Dear Sir:
..OphiM -~ lb. o-7075
Rar Payment or pm
Bond of State
Tbls will acknowledge receipt of
9, 1946, vbereln you ask the opinion of tbl
the question of vbetber the mium on the
nished by a member of the Bo
out of the appropziatioa o?
Department, under the beading
as set out in Senate Bill Ao.
ture, 1945, quoted in part 88
111 above referred
to provide8 'no tbo payment of the
bond premium8 i Water Bnglneers3
, Seotion 2, Revised
loallyior tbe payment
Board OS Water Englneer8.
;~l$ne;al'r opinion fo. O-2092,
ule that an ofrloer or agent-of the
only suoh oompenstitlonand emoluments
of the State. McCall8 v. City of Rockdale, 112 Tex,
209, 246 9. W. 654. It iollovs that any public officer
or agent vbo demands mileage, fees or expenses must
polnt out some statute authorizing Its &llOVmCe. Where
8 duty requiring an expenditure of money Is Imposed upon
a public oiflcer or agent, and no provision le made to
Honorable Qeorge B. Sheppard, page 2
defray tbe 88me, swh oifloer QC a&ent Is deemed to
be repaid ior the expsnses lnourred In the dl8ohPrge
of such duty by vbatever oompensatlon 18 slloved snd
paid to him ior hi8 servicer as 8uoh pub110 agent. It
IS therefore apparent.that, in order for the Chlei
Clerk or the Department of Agrloulture to be entitled
to reimbursement for the e%psnse lnourred by hti In
furnlshlng the bond required by statute, there must
exist sose statutory pmnislon r0r the allov8noe snd
paylssnt or the ssme.”
Blnoe there is no ~ovlsloa of tha statutes oy sps-
cific Item la the Appro~latlon Bill, oontemplating relmburse-
n.entby the State to the msnbers of the Board of Wets* Bag:-
Eeors for the expenses lnourred by them In furnishing t&b OffI-
clal Bond required br lav, you are advised that such bond pre-
nlum cannot be regarded as a oontlngent Item of expense lavfully
to be lnourred by the Departmsnt, and, therefore, suoh bond pre-
nium may not ha paid by the Board of Water Euglneers out of Its
contingent expense rued.
Referenoe 1s made to Attorney Qeneral~s Oplnlons, Eos.
o-2092, O-3866, O-4205 and O-3032.
very truly yours
BY -
~ibn&& hbeir -
Asalstent
Untitled Texas Attorney General Opinion
Combined Opinion