Gerald C. Mann AUSTIN 11. -r~xaS
X-Y
Hon. Fred Norris Opinion No. O-3132
County Auditor Re: Can a county of 20,635 population,
Polk County according to the 1940 Census be charged
Livingston, Texas with commissions or fees for the county
treasurer, and another related question7
Dear Sir:
Your letter of February 5, 1941, requesting an opinion
of this department, later modified by your recent letter of May
24, presents the following questions:
“1. Can a county of 20635 population, accord-
ing’to the 1940 Census, charge commissions or fees
for the County Treasurer?
“2. Should the treasurer in the above mention-
ed County deposit his fees into the officer’s Salary
Fund?
Xe have restated your first question in the caption
set forth above as we understand it.
Article 3943, Vernon’s Annotated Civil Statutes, in
part, provides:
“The commissions allowed to any county treasurer
shall not exceed Two Thousand Dollars ($2000,00) an-
nually; *** .I’
. .
Section 13, Article 3912e, Vernon’s Annotated Civil
Statutes, in part, provides:
“The Commissioners’ Court in counties hav-
ing a population of twenty thousand (20,000)
inhabitants or more, and less than one hundred
and ninety thousand (190,000) inhabitants ac-
cording to the last preceding Federal Census,
is hereby authorized and it shall be its duty
to fix the salaries of all the following named
officers, to-wit: sheriff, assessor and col-
lector of taxes, county judge, county attorney,
including criminal district attorneys and coun-
ty attorneys who perform the duties of district
Hon. Fred Norris, page 2
attorneys, district clerk, county clerk, treas-
urer? hide and animal inspector. Each of said
officers shall be paid in money an annual salary
in twelve (12) equal installments of not less
than the total sum earned as compensation by
him in his official capacfty for the ffscal
year 1935> and not more than the maximum amount
allowed such officer under laws exfsting on Aug-
ust 24, 1935; ***."
Section 7, Article 3912e, Vernon’s Annotated Cfvil
Statutes, reads, in part ) as follows:
‘*All monies drawn from said Officers’ Salary
Fund or funds shall be pafd out only on warrants
approved by the county auditor in counties having
a county auditor; otherwise all claims against
said fund shall first have been audfted and ap-
proved by the Commissioners’ Court of said county
and the monies shall be disbursed on such ap-
proved claims by warrants drawn by the county treas-
urer on said fund.‘”
Section 5, Article 3912e, of said statutes, in part,
provides:
“It shall be the duty of all officers to
charge and collect in the manner authorized by
law all fees and commissions which are permitted
by law to be assessed and collected for all of-
ficial service performed by them. As and when
such fees are collected they shall be deposited
in the Officers’ Salary Fund, or funds provided
fn this Act. ****‘I
Section 3, of Article 391.2e, of said statutes, pro-
vldes:
“In all cases where the Commissioners’
Court shall have de.termined that county officers
or precinct officers in such county shall be
compensated for their services by the payment
of an annual salary neither the State of Texas
nor any county shal f be charged with or pay to
any of the offfcers so compensated, any fee or
commission for the performance of any or all of
the dutfes of their offices but such officers
shall receive said salary in lieu of other fees,
commissions or compensatfon. which they would
Hon. Fred Norris, page 3
otherwise be authorized to retain; provided,
however, that the assessor and collector of
taxes shall continue to collect and retain for
the benefit of the Officers! Salary Fund or
funds hereinafter provided for all fees and
commissions which he is authorized under law
to collect; and it shall be his duty to account
for and to pay all such monies received by him
into the fund created and provided for under
the provisions of this Act; provided further,
th.t the provisions of this Section shall not
affect the payment of costs in civil cases by
the State but all such costs so paid shall be
accounted for by the officers collecting the
same, as they are required under the provisions
of this Act to account for fees, commissions
and costs collected from private parties."
The county treasurer, being specifically named in
Section 13, Article 3912e, supra, the method of fixing the
county treasurer's compensation formerly prescribed by Article
3941, Revised Civil Statutes, 1925, has been superseded by the
foregoing provisions of the Officers' Salary Law as they apply
to countfes of twenty thousand (20,000) inhabitants or more,
The law provides that a county treasurer in such counties shall
draw all warrants on the Officers" Salary Fund, which must be
approved by the county auditor.
Relative to your first two questions, the foregoing
statutes require the officers designated to deposit all fees
and commissions collected for all official services performed
by them in the Officers' Salary Fund. Since they are prohibited
from makfng any charge to the county9 such commissions as pre-
scribed in Article 3941, Revised Civil Statutes, are no longer
"permftted by law to be assessed and collected" as provided in
Sectfon 5, of ,Article 3912e, supra.
It is, therefore, the opinion of this department that
your questions in the order presented should be answered in the
following manner:
1. Question No. 1. is answered in the negatfve.
2. Commissions authorized by Article 3941, Revised
Cfvil Statutes, 1925, can no longer be charged to the county in
those counties with twenty thousand (20,000) inhabitants or more,
Hon. Fred Norris, page 4
therefore are not to be deposited in the Officers8 Salary
Fund.
Yours very truly
LTTORNEYGENERfi OF TEXAS
By /s/ Wm. J. R. King
Wti. J. R. King, Assistant
APPROVEDJUL 8, 1941
Is/ Grover Sellers
FIRST ~ASSISTtiT ATTORNEYGENERAL
This opinion considered and approved in limited conference-
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