~ORNEY GENERAL
OF TEXAS
Hon. Charles H. Slaughter
County Attorney
Stsnton, Texas
Dear Mr. Slaughter:
Opinion No. O-225
Re: Compensation for services rendered
other county officlals.
Your request for an opinion on the following question:
"Whether County Attorneys sre entitled to compensation for
services rendered other officers of County?"
hes baaareceived by this office.
Article 334, Revised C~ivilStatutes of Texas, provides:
"The District and County Attorney, upon request, shall give
*n opinion or advice in writing to sny county or precinct
officer of their district or county touching their official
duties."
We quote from sn ooinion rendered by Hon. Scott Gaines, First Assistant
AtoraeyGeneral January 2, 1935;
"Unless statute provides for the county attorney to represent
the county in a civil action, it is not the duty of the
county attorney to do so. In caseswhere the county sttorney
is required to represent the coiintyand no fee is prescribed,
then the compensation of the county attorney is the ex officio
compensation thst will be allowed under Article 3895, except
in cases where .a certain amount of money is recovered, then
his compensation is that authorized by Article 335.
"In cases where the lax does not require county attorney
to represent the county, the compensation is that which
is agreed upon between the county attorney and the
commissioners' court just in the same manner as if
some other attorney had been employed by the county.R
Hon. Charles H. Slaughter, January 27, 1939, Page 2 o-225
In view of the above mentioned statutes and opinion quoted from, you are
respectfully advised that it is the opinion of this Department that the
county attorney is entitled to reasonable compensation for any services
rendered for any county official, other than these services required
by law, andmaybe agreed upon between the commissioners' court and
county attoruej and allowed by the commissioners; court.
Trusting that the foregoing answers your inquiry, we remain.
Very truly yours
ATl!ORNEXGENERALOFTEXAS
s/ Ardell Williams
By
Ardell WiQiams
Assistant
AW:AW/ldw
APPROVED:
s/ Gerald C. Mann
A'lTORNXYGENERAL OF TEXAS