Hon. Reagan S. Wyche Opinion No. O-5522
County Auditory Re: .Is Gregg County legally, au-
Gregg County thorized to pay the premium on
Longview, Texas the official bond of the county
au-ditor?
Dear Sir:
Your letter of August 3 1943, requesting the opinion
of this department on the above si ated question, reads as fol-
lows:
"Ill Re: Ait. 3899,Expense
Account
Acts 1937 45 Leg. 1st C S p.
1817 Ch. $7
“Under this article is the Auditor allowed to
pay for the premium on his official bond?
“If this article does not apply is there any
other article that authorizes paymeni of the Audi-
tor’s bond by the ‘county?”
Gregg County has a population of 58,027 inhabitants
according to the 1940 Federal Census. Therefore, the county
officials of said county are compensated on an annual salary
basis as authorized by Article 3912e, Vernon’s Annotated Civil
Statutes.
Article 1649, Vernon’s Annotated Civil Statutes, re-
quires the county auditor to execute a bond within the time
and in the amount, etc., as mentioned therein.
Paragraph (b) of Article 3899, Vernon’s Annotated
Civil Statutes, provides in part:
“Each officer named in this act, where he re-
ceives a salary as compensation for his services,
shall be entitled and permitted to purchase or charge
to his county all reasonable expenses necessary in
the proper and legal conduct of his office, premiums
on official bonds, premiums on fire, burglary, theft,
Hon..:'heagen S. Wyche, page 2 (o-5522)
robbery insurance protecting public funds and
including the cost of surety bonds for his depu-
ties provided that the expenses incurred for
premI urns on official bonds for the county treas-
urer county auditor, county road commissioners,
coun c y school superintendent and the hide and
animal inspector, including 4 he cost of surety
bonds for any deputies of any such officers, may
be also included and such expenses to be passed
on, predetermine a and allowed in the time and
amount) as nearly as possible, by the comtuis-
siohers’ court. . . . All such approved claims
and accounts shall be paid from the officers
salary fund unless otherwise provided herein.*
In view of the foregoing statute you are respect-
fully advised that it is the opinion of this department that
the premium on the official bond of the county auditor must
be paid by the county out of the officers’ salary fund %n-
less otherwise provided.” We are unable to find any o t her
provision in said section providing that said premium shall
be otherwise paid. In other words, the county is legally au-
thorized to pay the premium on the official bona of the
county auditor out of the officers' salary fund of said county.
Yours very truly
ATTORNEY GENERAL OF TEXAS
By /s/ Ardell Williams
Araell Williams, Assistant
APPROVED ~AUG16, 1943
/s/ R. W. Fairchild
(Acting) ATTORNEY GENRR
AL OF TEXAS
APPROVED:OPINIONCOMMITTEE
BY: RWF: CHAIRMAN
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