OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Payton Burke
County Auditor
Falls County
Marlin, Texas
Dear Sir:
pinion of this dewto
mant upon s bssn received.
tor o? Falls County,
la 3902, Vsrnonfs Annotated Civil Statutes,
reads In part as follows:
Whenever any distriot, county or pre-
cinct offiwr &all require the sarvioes of
deputies, assistants or olerks in the perform-
ance of his duties ha shall apply to the County
Commissioners' court 0r his oountg for au-
thority to appoint suoh deputies, assistants
Honorable Pegton Burke, Page 2
or olerks, stating by sworn application the
number needed, the position to be filled and
the amount to be paid. Said application
shall be aooompanled by a statement showing
the probably:receipt8 from fees, oommisslons
and oompenss~tionto be colleoted by said
office during the fisoal year and the prob-
able disbursements which shall inalude all
salaries and expensas of said office; and
said oourt shall make its order authoris-
lng the appointmant of such deputies, aselet-
ants and clerks and flx the oompensaticm
to be paid them within the limitations heeein
prescribed and determine the number to be
appointed as in ~the disoretlon of said oourt
may be proper; provided tha.tin no case
s&l1 the Commissioners' Court orany
member thereof attempt to influence the
appointment of any person as dsputp, assist-
ant or clerk in any office. U on the ontry
of such order the officers appfying for suoh
assistants, deputies ,orclerks shall be
authorized to appoint them; provided that
sald~aompensation ahall not exceed the
maximum amount herelnarter set out. The
oompensatlon whloh may be allowed to the
drputies, assistants or clerksabove
named ror their servioes shall be a rea-
sonable one, not to exceed the following
amounts:
". . .
"2. In oounties having a population of
twenty-five thoueand and one (25,001) and not
more than thirty-seven thousand, 'five hundred'
(27,500) inhabitants, rirst assistant or chief
deputy not to exoeed Two Thousand Dollars
($2,000) per annump other assistants, depu-
tias, or olerks nOt,to exaeed S6venteen Hundred
Dollars (41700) parannum each. Provided,
however, that in all counties containing a
population of not less than thirtythousand
(30,000) nor more than thirty-seven thousand,
five hundred (37,500), ac,cordlngto the last
Honorable Peyton Burke, Page 3
preceding Federal Census, and haveing a
baluation In excess of Eighty-five Million
Dollars ($85,000,000), and in all Counties
having an assessed valuation of not less
than Twenty-seven Million,~Flve Hundred
Thousand Dollar8 ($27,500,000) nor more
than Twenty-seven Million, Seven Hundred
Thousand Dollars (#27,700,000), according
to the last approved tax roll, and contain-
ing a population of not less than firty-
three thousand, nine hundred (53,900)
nor more than fifty-four thousand (54,000)
acoording to the last preoe~dingFederal
Census, four (4) deputies in the Tax
Colleotor and Assessor(~8Offloe may re-
oeive not to sxdeed Twenty-four Hundred
Dollar8 (@4OO) per annwa eaoh, the ra-
malnder of the deputies in said office shall
receive not exceed% Seventeen Hundred
Dollars (11700) p~ann~m each.
"..a."
We are Informed that Fall8 County doe8 not have
y of the assessed valuations mentioned in paragraph 2 of
Artiole 3902, that wuld authorize q different oompnsa-
tion for deputies Of the tax assessor-oolleotor, other than
that which ia provided for by the general provisions of
the statute. It will be noted that Under the general
provision of paragraph 2 of Artiole 3902 in all oountle8
having a population of 25,001 and not more than 37,500
inhabitante, the first assistant or ohief deputy shall
reoeive oompensatlon not to exoeed $2,000 per annum and
all other assistants, deputlee or clerks shall raoeive
compensation not to exoeed $1,700 per annum eaoh. There-
:;;,” your qUe8tlOn ie respeotfully an8wered in ths hega-
*
vpa oannot assume from the faots stated In your
letter that you have any reference to compnaation Of depu-
tia8 of the tax assessor-colleotor SerVhg in branoh
offloes, and t,iLsopinion Is not to be construed as touoh-
ing the same. However, In this OonnaCtiOn we Oall yOUr
attention to our opinions Doen O-1447 and O-834, copies
.
,
Honorable Pefton Burka, Page 4
of whioh are snolosed ibr your inl%ImatiOn.
Trusting that the foregoing fully anewers your
inquiry, we are
Very truly yours
ATTORNEY GENERAL OF TEXAS
Br
Ardell William8
Assistant
AW:GO
APPROVED FF,B12, 19&I.
8/ Gerald 0. Mann
ATTORNEYGENERAL OFTEXAS