Untitled Texas Attorney General Opinion

OFFICE OF ~THE ATTORNEY GENERAL OF TEXAS _ AUSTIN GROVERSELLERS ATTORNEY GENERAL Honorable Fred Q. Neribith County Attorney, Kaufman Co. Xeufmqn, Texas Your letter OZ.. uesting the o&don of ated therein; is, in l,eeof the vario!la the C0ids.d0ner3 compensate them. In two of the o~speoial Aot of the Legislature gov- pensation of &eputy Constables in 8’ populction of 38,3c08, as iS Kaufman "In what manner shoul& deputy Constables.be compensated n Ykufman County -- shoi?lDthey re- oeive.the whtle fees earned by them in performence of th,eduties of the office, or is it permissible for the Constable to collect the fees of'office earned and reported by his deputy and to pay the deputy merely a cox2~issibn.onsuch fces?'V Hon. Fed Q. M&idith, page 2 Article 3902, Vernon's Annotated Civil Statutes, provides, in part: .:;, Whenever any district, County, or precinct . officer shall require the services of deputies, assistants or clerks in the performanceof his duties, he shall apply to the County ConmFJ.ssion- ersl Court of his County for euthority to appoint such deputies, assistants or clerks, stating by sworn applicati'onthe number needed, the position ~to be fil1e.dand the amount to be paid Said appli- cation shall.be aocompanLed by a statement shovfing the probab1.oreceipts from fees, commissionsand compensationto be collected by said office during the fiaoal year and the probable Bisbursementswhioh ehall~intiludeall salaries an& .expeqsesof said ,of,f ioe;~and.saidaoourtshall make its order author- izing the appoixitment of such doputies, assistants ati clerks and fix the'oompensationto be paid them within the limitations herein presoribed and A~eter-. mine the number to be appointed as in the discre-?.ion or aaM court may be proper . . . ." 'l'.&eo. (a) of A+....j%99, Vernon's Annotate4 c!ivil. .+itutes; provides, in per+ i R. . . The amount of~salariea~paidto assistan'ta and deputies shall also ,beclearly shov;nby such of- fioer, giving the name, position and~am.ountpaid each; snd in no event shall any,officer show any greater av.ountthan sctually paid any such assistant or deputy, T&e amount of such expenses, $ogether,with the amount .. of salaries paid to assistants, deputies, and clerks, shall be paid act of fees earn@ by such officer...." You state in.your letter that the constablesofyour aounty are compensatedon a fee basis rather then rn annual s6lary basis. Lpder Art. 1902, if the constahlcs desire to appoint deputies, they psEzrequlred to file with the Commis- sioners' Court cn application for authority to appoint such deputies as outlined by the statute. The Commissionars' Court may, if It desire8, grant the authority to appoint such Hon. Fred V. Kerfdith.page 3 deputy constables. It is also the duty-of'the Commissioners' Court suthorizin<:the appointment of such deputy constables to fix the compensati.onto be paid them within the limitation contained in the epplicablc provisions of the statute. Vherc the con.stablesare compensated on a fee basis rather than an anuual salary basis, the compensationof the deputy constables must be paid out of fees of'office aarned by the constables. W'en the constables make applicationsto the Commissionersr Court for authorS.tyto appoint s,uchdeputies, such applications must state the number of deputies needed, and the ansuht to be ,paid. Specifically answering the question presented in your inquiry, you ere advised that it is our opinion that the deputy donstablenmust be compensated in the amour&fixed by the Com- .missioners'Court under,...&ticle 3902, and that such oompensation, where the constablesare oompensated on a fee basis, must be paid out of the fees earned by sudh constables. Therefore, the deputy constables would not receive "the whole Sees earned by them in the performance of the duties of the ~ffice.~ The constables. would not be authorized to pay the deputy constables E commission on the fees of office coilected, but as above stated, ;;hecompen- sation of the deputy constables must be fixed by the C+mnissioners* Court by the order authorfz:;ng*the conntables to appc!.:tsuch deputies, snd the compensationof such deputy constables must be paid out of fees of office earned by the constables. .I - Ardell Tilliams ;fssiatant. A?,':rt