OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AU8TIN
Hon. Frank R. IlWrray
County Attorney
Carson Countp
Fenhandle, Texas
Dear Sir: opinion ao. o-es4
Ret Constitutiona
Your requeet ior 0
carefully ooneidered by thl
your letter of requeet a@ f
Wqder the ao turn ~mtorreb
to in the eaptlon unty Is author-
ized to employ a s lerk for the
County Judge 036YOU 0rfi0e
suoh a8 o-19 10 eeem that thie
aot wou.M be
to give a brief
y oited anaple
e aessstant8 OT
1010 3891 met be paid
In this oaee the olerk
olae none of the authority
employed nerely for work
other work made neeseeary
eatly appraoiate your advice ae to
t is lawful for the County to es-
or etenographorto work unbr the
f the County Judge and pay said olerlt
utideother then ieer’of the
In thisl00nnect10n,will
say that the fees of olfice of Cc;uityJudge in thie
oountg are only nomlnrl, the lcalnvolume of work
being caused by oil valuations,P,W.A. prejeota,
County Superintendent’swork and various new things
that have grown up in connectionwith ooilntywork.*
eon. Prank R. Warray, Page 2
Corson County, Texas has a populationof aeven
thnusand, seven hundred and forty-five (7,745) inhabitants,
accordins:to the last preoeding Federal Census of 1930,
and Sts officers are covzpensatedupon a fee basis.
Oninion No. O-2224 of this departments
holds Rouse
Pill 438 of the 46th Legislatureof Texas unconstitutional
as a local Or SpeOiel law attemptingto regulate the affairs
of a county in contraventionof Section 56 or Article 3 of
our Ctste Constitution. We enclose herewith a copy of
Opinion R0. C-2224.
Article 3902, Vernon's knnotatedTexas CiQil Sta-
tutes, reads in part as follows:
Whenever any district, county or preoinot
officer shall require the rervices of deputies,
assistantsor clerk6 in the performanoeof hSs
duties he shall apply to the County Commissioners*
Court of his county for authority toappoint such
deputies,assistants or clerks, stating by sworn
applicationthe number needed, the position to be
filled and the amount to be paid. Said applica-
tion shall be aooompanled by a statement showing
the probable receipts from fees, oommSssionsand
compensationto be COll8Oted by said 0irSce during
the fiscal year and the probable disbursements
which shall include all salaries and expenses of
said oiftioe;and said court shall make its order
authorizingthe appointmentof such deputies, assis-
tants and clerks and fix the compensationto be
paid them within the limitationsherein prescribed
aad determine the number to be appointedaa in the
disoretionof said oourt may be proper; provided that
in no oase shall the Commissioners'Court or any
member thereof attempt to influenoethe appointment
of any person as deputy, assistant or clerk in any
0Tfice. Upon the entry of'such order the officers
applyiw for such asaiatants, deputies or lclerks
shall be authorized to appoint them; provided that
said oomp8nSatiOnshall not eXOe8d th8 marSmum
amount hereinafter set out. The ooapensatlonwhich
may be allowed to the deputiee, assistantsor 018rks
above named for their cervices shall be a reasonable
one, not to 8XOe8d the fOllOwin$ amountsx
71. In oounties haQing a populationof twenty-
fSye thousand (25,000) or leas inhabitants,first
Eon. Frank R. XurraY, Page 3
assistant or chief deputy not to exceed Eighteen
Hundred ($1800.00)Dollars per annum; other
assistants, de dies or clerks not to exoeed Fif-
teen Hundred ($1500.00) Dollars per annum each."
Artiole 3883, Vernon's Annotated Texas Civil Sta-
tutes, reads in part as hollows:
RExospt aa otherwlsa providsd in this Act
the annual fees that may be retained by preclnot,
county and district ofiioers mentioned in this
Article shall be as follows:
"1. In counties containingtwenty rive
(25,000)'$housandor lose Inhabitants;County
Judge, Distriot or ,CrimlnalDistrict Attornsy,
sherirr, County Clerk, County Attorney, Distriot
Clerk, Tax Collector, Tax Ass4s8or, or the Aeseae-
or and Collector or Taxes, Twenty-fourHundred
(824OO.OOjDollars eaoh; Juatios of the Paaae and
Conatablo,Twelve liundred ($1200.00)Dollars 4aob.v
Article 5891, Vernon's Annotated Texas Civil Sta-
tutes, reads in part as tollowsr
*Each orrieer named in this Ohapter shall
be rirst out,@ the aurrent Be5 of his orrice
pay or be paid the amount allowed him under the
provisions of Article 3863, together with the
salaries of his assistanta and deputies, and
authorized axpcnsea under Articla 5699, and the
amount neosssary to cover costs or premium on
whatever surety bond may be req:llredby law. If
the cu-rent feea of such office colleatedin any
year be more than the amount needed to pay the
amounts above specified, same shall be deemod
excess tees, and shall be wp044a 0r in the
manner hereinafterprovided.
*In counties containing twenty-rivethousand
(25,000) or less inhabitants,Distriot and County
offioers named heroin shall retain one-third of
such 4xccs5 roes until such one-third, together
with the amounts spoairied in Article 5253, amounts
to Three Thousand Dollars (#&OZO). Preolnat offi-
aera shall retain one-third until such one-third
together with the amount SpeOlfied in Article 3663,
amounts to Fourteen Ruadred Dollars (@400).*
Hon. Frank I?.Yurray, Page 4
Article 3892, Vernon's ¬ated Texas Civil Sta-
tutes, reads as follows;
-Any orfioer mentioned in this Chapter who
does not collect the maximum amount or hls r444
for any fiscal year and who reports delinquent
roes for that year, shall be entitled to rstaln,
when colleatea, such part of such delinquentfees
as is sufficientto complete the maximum oompensa-
tion authorised by Articles 3883, 3883-A. and
3886 for the year In whiah delinquentfees were
charged, and also retain the amount of 4x04s~
fees authorized by law, and the remainder oi the
delinquent roes for that fiscal year shall bs
paid as heroin provided ror when oolleoteai pro-
vided, the provision4 or this Article shall not
apply to any officer atter one ysar from the date
he oeasos to hold the orrioe to which any d~alin-
quent ree is au4, ana in the event the orricsr
earning the roes that are delinquenthas not ool-
ledted the s4m4 within twelve months arter ho
coasee to hold the Orfhe, the amount or r44e
colleoted shall be paid into the oounty treasury.
Provided, howover, that nothing in this Act pro-
eludes the payment of 4x-otiiolotees in acoor-
aanp,s with Title 61 or tba Revised Civil Statutes
Of Toxae, 1925, as part of the maximum compansa-
tlon. Provided, that any change made in this Arti-
cle by this Act shall not apply to roes herotoior4
earned.*
Article 3t39!3,
Vornon*s Annotated Texas Civil Sta-
tutes, roads as rollows:
"The Commiesionors'Court is hereby debarred
rrom allowing oom,pensation r0r 4x-0rriaiO 44r-
vicest, county officialswhen the compensationan&
exoers roes which they are allowed to retain shall
roach the maximum provided ror in this chapter.
In oases where tha compensationand exaess iess
which the orricers ar4 allowed to retain shall not
reaoh the maximum provided ror In this ohaptsr,
the Commissioners'Court shall allow compensation
for 4x oriicio servla4ewhen, in their judgment,
such companeationis nec4ssary, proviaed, such
compensationror ex ofiioio eervioas allowed shall
Hon. Frank R. Wrray, Page !3
not increase the compensationof the official
beyond the aaxlmum or compensationhnd excess
tees allowed to be retained by him under this
ohapter. Provided, however, the ex orflcio
herein authorized shall be allowed only aiter
an opportunityfor a public hearing and only
upon the arriwatw vote or at least three
members oS the CommissioneratCourt."
Artiole 3899, Vernon’s Annotated Tetas Civil Sta-
tutes, reads in part as Sollousr
"(al. At the sloae OS eaoh month or his
tenure or ofrio% each oiiieer named herein who
is compensatedon a See basis shall make as
part or the report now required by law, an
ttemleed and sworn statement OS all the actual
snd neoessary expenses incurred by h5m in the
oonduat OS his oifioe, suoh as stationery,stamps,
telephone, premiums on oSSloials*bonds, includ-
ing the oost or surety bonds ror~hia deputlera,
premium on iire, burglary, theit, robbery lnsur-
anoe proteuting publia Sunds, traveling expenses
and other necessary expenres.... The amount of
salaries paid to assistant8and deputies shall
also be clearly shown by suoh officer, giving
the name, position and eaount paid eaah; and
in no event ahall any orricer show any greater
amount than aotually paId any such aaaistant or
deputy. The amount oS suah expenses, together
with the amount oS salaries paid to assistants,
&putles or clerks shall be paid out of the Sees
earned by suoh oSS1ser....I (Underscoringours)
The language or sub-division(:a)0r Artiofe 3899,
supra, is essentiallythe same as Article 3897 OS the Revis-
ed Civil Statutes oS 1911, a8 amended by hots OS 1923, which
was construed by the Texarkana Court OS Civil Appeals in the
aase oS Casey vs. State, 9SS 8E 488, as not lnoluding steno-
graphio help In its allowsnoe or *actual and neaessary ex-
penses," to the ofSloe holder in the conduct of his office.
The Court applies the rule oS oonstructlon"ejusdem generis"
which would likewise apply to the present statute lnasmuoh
as the same sets out the allowable oSSice expenses particu-
larly, in like manner, as the statute construed in the
above mentioned case, Sixing the grade and aharaoter OS such
ae not including stenographlohelp.
Ron. Prank R. Eurrag, Page 6
Opinion MO. O-1620 or this department holds that
the county attorney of'Walker County, Texas, has no authority
to employ a stenographerand pay her salary es an authorized
expenee out or his fees or offiae. This opinion deiinet the
term estenogrepher."
Opinion Wo. O-1674 of this department holds that
when the oounty attorney of Liberty County, Texas, complies
with Artiole 9902, Vernon's Annotated Texas Civil Statutes,
a "clerk" may be appointed for the oountp attorney.
Opinion Ro. o-1930 of this departmentholds that
neither the aounty attorney nor the oommissloners~oourt
have any statutoryauthority to employ a stenographerfor
the aounty attorney of Johnson County, Texas, and pay for
mme Out or county funds. Thla opinion also holds that
neither the oosvsissionersf oourt no@ the distriat attorney
of Johnson County and th% l2th Judlaial Dlstrlot hare any
statutory authority to employ a stenographerfor said distrlet
attorney and expend either oounty or state funds for the pur-
peas. This opinion further holds that the oomissioners’
oourt of Johnson County, Texas, a salary county, having a
population or thirty-threethousand, three hundred and seven-
teen (33,317) inhabitantsacoording to the last preaeding
Federal Census, may authorize the employmentof a stenographer
by the county judge and pay for suoh services out of the
general fund of the aounty to an amount not to exceed Twelve
3undred ($12OO.C0)Dollars per year, under the provisions of
Sub-division(a) of Seotion 13 of Artiale 2912e, Vernon’s
Annotated Texas Civil Statutes. We also enoloss herewith
ao$$es of opinions Nos. O-1220, O-1874 and O-1930 of this
department.
We are unable to find any velld statutory authority
wbloh would authorize the oommissionere” oourt of Carson
County, Texas, to expend any oounty funds for the employment
Or a stenographerfor the aounty judge of said county.
The county judge of Carson County Is without atatu-
tory authority to employ a stenographerand,my her,selary
as an authorized expense or his ofrice out of his roes or
orri ce.
You are respeotl'ullyadvised that it is the opinion
or this department that when the county judge of Carson County,
Texas, complies with Artiole 3902, Vernon's Annotated Texas
Bon. Frank R. Hurrap, Page 7
Civil Statutes, a clerk may be appointed for the oount
judge am3 when the aounty judge eomplles with Seotion Ta)
of Article 3899, Vernon's Annotated Texas Ciril Statutee,
he may pay 6aid olerk oat or his reea of orriae as an
authorized expenee 0r orrice. The county would not be
authorized to expend any county ruuda whatsoever for the
payaent or the salary of the aounty judge*a clerk in your
oounty.
Very truly yours
ATTO?SEP GK'IERALOF TEXAS
#C
APPROVI
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