OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN
2;)
,~... . 0 -504?
Honorable R. A. Courtney
Countf Auditor
Angsllna oounty
Lufkln, Texas
Dear Sir;
Your requset for opi
oarefully considhred by this
your letter of reylcst es io
"1. When a pereon
by any Oounty Official
oar deputizing
of the recordi
ooraing iem of the Offiaiel
y Judge and the Road Ccuiaiinsion-
hould ba psi4 by the County out
d also Justlasr of fhc Peace?
lclelr are drawing a yearly ralary,
being paf'a-tie txslfth of said salary eaoh month,
but oontend that these fsrs rhould be paid by the
county out of county TundS."
The population of Angslina County, Texas, aoooralng
to the last ptecsdlng Isdsral Cenrus of 1930 1s Z7,803 inhabi-
tants. we underrtml from your letter that the greoinot offl-
oera ara aompenrated upon a salary basis as ml1 ae ths oounty
offiorra..
Ronorablo R. A, Ccurtney, Page 0
Srotlon (b). of Article 3899, Vernon*@ Annotated
Texas Civil Statutea, reads in part aa follows:
“(b) Eaah offloor named In ttis Aot, where
ha raoeiver a salary as oompensntlcn for his
SF!rviO8S, shall be empowered end permitted to pur-
ohess and hsre ohargsd to his oounty all reaacn-
able ex99n6es necessary in the proper and legal
oonduot of his offloe, prenlurzs on 0fricia*
bonda, pre~lum on firs, burglary, theft, robbery
lnauranoe protecting pub110 funds and inclualng
the cost of surety bonda for his Deputies,. ,su:h
expenses to beg passed +zt,. pm-determined and cllow-
rd in kin4 and EEOUlltCtj a8 naarly BLIpOeBible, by
the Commissioners* Court once rzch month for the
ensuing month, upon the application by ecloh offi-
am, etating the kind, probable amount of expendl-
ture and the necessity for the expenses of his
ofrioe for auoh ensuing month, whloh applioation
shall, before presentation to ocjld court, first be
endorsed by the County hudltor, if any, otherwise
the County Treasurer, only a6 to whether funds
are available for payment of such expe:leea . . . . . .
%uoh purbhases shell be made by enoh offi-
oer, when allowed, only by requisition in manner
provided by the County Auditor, if any, otherwise
by the Ctnrmia~ioners’ Oourt. Eaoh ofriorr shall,
at the 0108e of eaoh rc3nth of hlr %cntm of ofrloo,
make an itemized and sworn report of all approve4
lxpenserr inourred by him and oharged to his oounty,
aooompanylng 8uoh report with ln~oloes covering
ruoh purchaser sn4 requisitlone lrrsued by him in
support of suoh report. If suah expenses bs ln-
ourred in oonnectlon with any artioular oaae, such
report ahell name suoh case. !i uch report, lnvoloca
and reqUlaltlOna shall be rubjeot to the audit of
the County r;udltor, 1S any, otherwise by the Com-
missioners* Court, and If it appears that any item
W&Pnot incurred by such oftiosr, or that such Item
was not a neO6sBary or legal expense of such office,
or purchased upon proper requisltlon,suoh item shall
be by said County Auditor or oourt rejected, in
rhloh oa~e the payme& of such item may be adjudl-
oated in any court of ocrpetent jurlsdiotlon. All
Honorable R. A, Oourtney, page 3
such approve4 olelme and aooounte ahall be pal4
from the Offloere* Snlary Fund unless otherwise
prov1454 herein. . .I
The law requires the appointment or deputotlon of
oqrtaln deputy oounty offlcere to be reocrded, For sxaqpl e ,
vie: Deputy Sheriffs, Article 6869t Deputy County Clerks,
Article 1938; Deputy District Olerks, iirticle 18981 sto.
All offlolal bonds of county offloere l&t are re-
quired by law to be approve4 by the oomleelonere~ oourt, and
whioh hare been so al: roved met be reoorded by the county
clerk. (Article 6000 P
Comlesloner6~ Court6 are oourte of lImIted jurls-
diction, in that their authority extend6 only to matters
pertnlnlng to the general welfcre of their respective ooun-
ties and that their power6 are Only those expressly or im-
plied19 oonferred upon them. by law, - thet is, by tha Constitti-
tion end etotutee of this State.
&rtlole 3899, 3ection (b), supra, does not authorize
the oounty to pay the coat of rEoordlnq the a~pointnsnt or
deputations of deputy county offioere.
Art1016 3899, Section (b), eupra, authorizes the
peyment of premlu~e on tte offlolel bonds of the officers
named in the ect and the cost of eurety bond6 for tiielr
deputlee when It6 oonditlone are oomplie4 with. Road Com-
mleeionere are not named in the aot and ooneeque-tly the
premium on t:elr bonds must be paid by the Roe4 Commieelon-
era pereonally.
‘Art1016 3899, Seotlon (b) eupra, epeoltloally
authorize4 the payment of the premium on bonds of oounty
offlolala and their deputlee. We am of the opinion that
this authorization will not lnolude~. the cost of recording
t!zeee bonds, whloh expense we think 16 a personal expense and
should be horns pereonally by the ofricere asd deputies.
You are therefore reepeotfully advised that it la
,
Honorable RI A. Courtney, page 4
the opinion oi this deportment that the county he6 no author-
ity to pay the recording tees nentloncd in your two queetlone
and that tLe sa:'.e should be paid perscnnlly by said deputies and
by eaid 0rriaiale.
Youre very tmly
BY
Y&L. 3. Fanning
Aeelethnt
AFiXO'ZD JUXE 7, 1940
/e/ Grover Sellers
First clseletant
Attorney Oemral
i