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I_ ’
577
OFFICE OF THE AITORNEY GENERAL OF: m
AUSTIN
Bonorable P. L. ~ssle
Couuty Auditor
~ilbargsr county
Vernon, Texar
Dear Sir: Oplnlon Nor C-3925
Ret Undrr Artloles 3908 an& 6869,
ia the sherlii of Wilbargep.
County entitled to.mme then
four deputies in the praolnot
in whloh ,the oounty site la
loaated and does the Commls-
sionersl Court have the eu-
thority to approve iverrente
to pay for 6uoh additio’kel
deputies?
WO have your letter or August 30, 1941,’ irOa WhlOh
we quota:
“At’the present tldm t’hs Sherlrr &lYiil:.
barger County,’ %aeI), has l’HR3E (3) Ddput$ss
in the Preoinot where the s~erirr's qrri00 is
looate&,-and in addition to the three .dspu- /’
ties, the- 1s a Jail atron ate ~the Jail and ’
another Deputy Shtm%ri noting as ALssiatantto
the Jail Matrdn.
“The Shrilit dislrerr additional help and
.rjiahes to appoint another Deputy. Under Art.
3902 &3SQ ie he. entitled to more Depu$iee
‘than thoes mentioned above, and does the Corn-
mlaalonere* Court have th6 atithorlty to ap-
ppove werrantcl to pay ror rtih eddltlonel
Deputy.”
It appear8 that your reference to ArtioL3 0889 Is
a tygogrephioal error, ae the applloabls provlsion.or the
statute ir Art101e saso.
~_~.~.~.
578
Bonoreble 1. L. Msssls, Fags 2
Art1018 3902 provides in pert es hollows:
‘Ilhenersr any dirtriot; oounty or preoinot
officer shall require the aervloea of deputies,
esslstants or clerks in the psrrormanoe 0r his
duties he shall apply to the County Comrnissionersv
Court of his oounty ior authority tq appoint
suoh dsputies assistant8 or o~srks’~stetlng
by sworn app lf oatlon the number nee d sd, the
position to be tilled and the amount to be paid.
Said application ohs11 be eaomgenied by e
statsvent showing the probable reoolptm frcan
fees, eommlsslons and oompensatlon’ to be ool-
looted by said orrloe during the rlsoal year
and the probable disbursements whioh shaJ.1 ln-
elude all salaries and expenses or said orrlcei
and said aourt shall make its order euthoriz-
lng the appointment of such deputies, assis-
tants and olerks and fix the ocmpensation to
be paid them within the limltatlons herein prs-
scribed and determine the number to be appoint-
ed as in the discretion of said oourt may be
progert provided that in no case shall the
Commlssloners~ Court or any neaber thereor at-
tempt to influeaoe the appointment of any per-
son as deputy, esslotant or clerk in any ofiloa.
. . .”
Artio1e 8869 provides in part as r0libn8a
me number or deputies appointed by
the s&iii or any on8 oounty ahall be l&sited
to not sxoesdlng thras in the Juatlce preolnot
in whioh is located the oounty site of suoh
oounty, and one in eeoh Justloa preoiaot, end
e list or these appointments shall be posted
up in e oonspleuous plaOe in the Clerk’s OffiOe.
. l .
(I
‘Be are advised by the Comptroller tha~t the popu-
lation at Wllbergsr County eooording to the 1940 Federal
census is 20 474; that the tar valuation of said county for
194C is $18,b99,010.00~ that the orrioers 0r said oounty
are on e salary besir,
We believe that your first question is answersd
by our opinion No. O-12, written by Wm. J. PaMing, Assls-
579
‘Honorable y, L. Msssle, Psge 3
tant Attorney tineral, to Honorable Charlsr H, Theobald,
County Attorney, Galveston County, Texas, rrom whloh we
quote a
“The department is not in pOt!IsOsSiOA of
any derlnite deoision afieotlng the question
on hand, end therefore must arrive at the con-
clusion that Article 6869; Vernon*8 Ann&ated
Texas Civil Statutes whioh applies to the
sherirrs under the Fee Law, has been super-
seded insorar~as it applies to Galveston
County, Ts+ss, a oounty having a popylatlon
of 64,401, eooordlng to the lest United States
Census, by Article 3902 Revised Civil Stet-
utes of Texas, and Seotion 4 thereof, end by
the Orricers* Salary Law or the State of Texas.
*It is the rurther opinion or this de-
partment that it rests within the discretion
of the Hon. Commi-sioners’ Court of Galveston
County, Texas, as to the number of deputies
which the sheriff should employ. You will
note in Article 3902, Revised Civil Statutes,
that the sherift shall make epplloatlon to
the Commlsslonere* Court for the appointment
or degutles, and eta., and that, furthermore,
he shall show the probable rsoelpts and dls-
bursements of his orfioe in order for the
Commissioners1 Court to determine the, number
and necessity therefor.
“It is thererare the opinion or this de-
partment that such appointments of deputies
should ba determined by the Commlssionersl
Court of Galveston County, Texas, through the
neoesslty or suoh eppolntments and also
Governed by the revenues of the sherlii*s
0rrioe. It is very evident that no euch ep-
polntment should exoeed that of neoessity and
that due oonsideration of all oondltions
necessitating said appointments should be
the controlling raetor in such oonslderation
as might arise arreotlng the county et 1arge.v
It is thereiora our opinion that the sheriff or
rVl.lbarger County is entitled to employ, in addition to a
Honorsblr 1. L. Msssfs, ;.a&0 4
first deputy, as aany eddltlonsl
de?utlss es he lo suthor-
hod to employ b an order Comlesionsrsv
of the Court,
acting upon appl I cation oi thr rhsrlrr riled in eoeordanco
with the ~rovlslons oi Article 3902. It then fol.lows that
ths Commlssionan* Court wcula kve~ the authority to ap-
prove warrants to pay tar suoh add3.tlona~~deputiss.
(388 Opinion Wo. -6, by H. Grady Chandler, Al-
sfstact Attorney Gsnsral, addressed to Honorable f. A.
Yoore, Couqtg i:tto.msy, Ragan County, detsd April 29, 1921,
a oopy of whioh is etteehed berets.)
Yours Tory truly
COMYllTSR