r
R-67
EATTOWNEY.GENERAL
QF TEXAS
January 31: 1947
Hon, t;has,A* Tosch Opinion No, V-67
County Auditor
Dallas County He: Authority of consta-
Dallas, Texas ble of Precinct No,
1, Dallas County, to
employ more than five
(5) deputies,
Dear Mr= Toscha
Your recent request for an opinion is sub-
stantially as follows:
"Can the Constable of Precinct No.
E of Dallas tiounty,Texas, employ more
than Sive deputies under present StatUt05l
"The applicable statutes are Arti-
cles 3902 and 6879a of the Hevised Civil
Statutes of the State of Texas. Precinct
No, 1, according to the 1940 Federal Cen-
sus, has within its confines a great por-
tion of the,City of Dallas, together with
the separate cities of Highland Park and
University Park, The population of these
cities is as follows:
"City of Dallas within Precinct
No, I a
city of Highiand'Park 1 1 1 1 216,921
10,288
city of University Park c a 0 14,458
"The Constable of Precinct NO, 1 of
Dallas County has heretofore been allowed
five deputies on the basis of the popula-
tion of the City of Dallas within the pre-
cinct being in excess of 40,000, The
present constable has raised the question
as to whether or not he is entitled to ap-
point four additional deputies, two for
the City of University Park and two for
the City of Highland Park, since these last
two mentioned cities are separate municf-
palftfes and each has a population of more
Ron, Chas, A, Tosoh - Page 2 (V-67)
than 8+000 and less than 40,000 and are
wholly within the eonfines of Precinct
No, Lo”
We have comluded that the opinion rendered
by the District Attorney of Dallas COunty, and SnOlQS6d
with your request? is correc%,
Article 3902, VernohVs Amotated Civil Stat-
utes, provides fn part as follows
“Whenever any district, county or
preoincl officer shall require the ser-
vices of deputies, assistants or clerks
in the performance of his duties he shall
apply to the County Commissioners3 Court
of hfs county for authority to appoint
such deputies, assistants or clerks, stat-
ihg by sworn application the number need-
ed, the position to be filled and the a-
mount to be paid, Said apPlfcati+onshall
be aeoompanieelby a statement showing the
probable receipts from fees, aommfssicpns
and compensation to be coLlected by safd
office during the fiscal yeap and the
probable disbursements which shall.fn-
elude all salaries an.dexpenses of said
office; and said court shall make its or-
Deb au%horizi,ugthe appointment of such
deputies, assistants and clerks and fix
the compensation to be paid them within
the Pititatlons herein prescribed and de-
termine the number to be appointed as in
the discretion of eafd court lnaybe Prep-
.r; e c on
APtfole 6879a, V,AoC,So, PriMdee fn Part as
follows:
TSec..1, The duly eleoted Oonstable
in eaoh Justice Preofnct having a city or
town of less than eight thousand (8,000)
poPuEatfon aecordiag to the pmcedfa($ Fed-
eral Census may appoint one (1) Deputy and
no mope; and each Justfoe’Preofnct having
a city or tewn of eight %housand(S,Wb)
ana less than ferty thousand (4O,QQO% PeP-
~atiea aaaesding ta the re@edfng Pedeixl
6~Ltsuemay appd.lb%%WQ (2% Deputies and no
aWe; an8 in eaoh Justice Psecfnot havfn$
Hon. Chas. A, Tosch - Page 3 (V-67)
a town or city of forty thousand (40,000)
population or more according to the pre-
ceding Federal Census may appbint five (5)
Deputies and no more, and each and every
instance said Deputy Constables shall qual-
ify as required of Deputy Sheriffsem
An examination of the General Laws of Texas
reveals that Article 6879a is an amendment to Article
3902, having been enacted May 27, 1931,$by the 42nd Leg-
islature, Chapter 280, Page 503, said amendment not af-
fecting the provisions of Article 3902 except to provide
for the number of deputies that may be appointed (State
vs, John&on, 52 3, W. 26 110,)
In construing Article 6879a it is not be-
lieved that the Act evidences any legislative intent
that the provisions of such Act be cumulative, but on
the contrary, it seems that the appointment of deputies
for constables is governed solely by the populatien of
the largest town or city within such preoinot.
In view of the foregoing authorities, it is
the opinion of this Department that the eonstable of Pre-
cinct No, 1, Dallas County, Texas, is authorized to ap-
point five deputies, and no more, protided such appoint-
ments are in conformity with the provisions of Artiole
3902 and'Article 6879a, Vernon's Annotated Civil Stalntes
of Texas, Therefore, your question should be answered
in the negative.
SUMMARY
The Constable of Preoinct No. 1, Dallas
County, Texas, may appoint five (5) deputy con=-
stables and no more, pursuant to the pravisions
of Article 3902 and Article 6871)aof Vernon's
Annotated Civil Statutes,
Yours very truly
.
%W:djm:wb ATTORNEY ClcNERALOF TBXAS
APPROVED JAN 31, 1947
BY
Assistant
APPROVED OPINION COMMITTEE
BY F, D, CFUIRMAN