QFFICE OF THE ATTC.?RNEYGENERAL OF TEXAS
Pour rscent
your letter &xi
,
lionorable Roubsn 1?1lliems, Corm~lssioner, PaSo 2
thousand ( $5,000. 00) dollars, to bs agp~ovcd by
ths Govarnor, conditioned upon the feithful die-
charge of tie ~dutias of his office.
“8s~. 6A. Coqensetion to bo paid the Com-
rdssicm~% shall be such 5ums as era provided for
by tho eppropriatfon bills from timts to time.
‘sm. 63. Bothlng In t,hiS bill shell be
construed to in any mennor affect the duties now
lmpo~%,d by law on the Industrial Accident Board
or to teko from said board the performencc of the
&~ties now Imposed on seid boercl by Law.5
As stated In our Opinion Eo. O-20922
“It Is the rule that en officer or agent of
the Stats Is allowed only such compcnsetion an8
emoluments as ars cxprc1ssly conferrod upon him
as. remuneration for the discher~tir of his offi-
clal duties es an agent of the Stete. McCal~.e
V. olty of R~ckaalo, 13.2 TQX. 209, 246 3.~. 654.
It follaws thet sny public officer or agent who
demands m%leaSe fees ox 0xgenscs must pozrlt out
some statute euthorisine its allowance. Whom
a duty roqtirfng an expenditure of money is lm-
posod upon a publlo officer or agent, and no
provlsfon Is msde to defray ths se1;20, such offA.-
COF or agent is doornod to bo repaid for the ex-
psnsas incurred In tha ~discharga of such duty
by whetsvar compansation is allowed end paid to
~’
him for his aarvices as such public agent.”
It is therefore apparent thet, In order for tho
Casualty Insurancn Comm355iionar to be entitled to r6kmburse-
ment for the oxponso Pncurrsd by him in furnishSLng the bond
required by statute, there must exist some statutory provf-
sion for the ello~wanca and payrient of the samb.
Thora is no provision of the gennrel stetutes or
thca currcsnt spproprietlon bill, that WB heve been eblo to
find, which authorizes mimburnenont to the Casuslty Insur-
&ncLsCommissPonnr for s.xpems~?S dncurred by hi.m in furnishinS
AlYl011 Willhlla
Assietant
APPROVEUSEP 23, 1940
AW:AW
,I &iifzi&dLd* 7kA4-J
ATTORNEY GENERAL OF TEXAS