OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
EoOorable J.nn3r Powell
County Attorney
Brown County
Brownwood, %3x88
Dear Sir: Opinion
Re: Is
to
We h8Ye reocived ted Nwember 7,
1939, wherein you request this departmnt
upon the above stated ques
ivil Statutes of
Texas, 1926, re
of one-half of
actual oash re-
tor, administra-
pon the apprwal
the final settle-
aocount of such exeoutor,
or guardian, but no
E'sUch COrnmiSsiOn Shall
on any amount received by
administrator or
There Is no limitation in the wsr Risk Insurance
dot placed upon the fee or COnnnissiOn Of the COUntJI judge
in the administration of the proceeds of a Government War
Risk Insurance Policy, and it is clear that the One-half
of one per cent collected by the county judge from addn-
istrators in Compliance with the 8bOVe Article comes with-
Eonorable J. Piner Powell, Page 2
in the term 'fees and COmmissions*.
bxorcling to the last preceding Federal census
Brown Qounty has a population Of 26,382, and, therefore,
the oounty judge Of Brown County is on a salary basis.
Inaesuch 88 the County judge of yOUr County is on 8 S8lq
basis, he would not be entitled to retain any fees ool-..
leoted by him, but sust deposit them in accordenoe with .'
Seotion 5 of Art&l% 3912%, which reads, in part, 8s tol-
lows1
*It shall he the duty of all offi-
oers to charge and ooll0ct in the man-
ner authorized by law 811 f%%S and cow
missions which are permitted by law to
be assessed & colleoted for 811 Offi-
cd.81 servioe performed by them. As anb
when such fees are oollected, they shall
be deposited in the Officers Salary
Fund, or fund provided in this Act."
Therefore, you are respectfully advised that it
is the opinion of this department that the county judge of
Brown County is entitled to charge the Commission of one-
half of one per sent where the only moneys in an estate are
the proceeds of Government War Risk Insurance.
Trusting that the foregoing satisfactorily answers
your inquiry, we remain
Yours very truly
ATTORREY GEBERAL GF T-XAS
DBDtFG &%a) D. Burl0 Daviss
Assistant
APPROVED NW. 21, 1939
Signed) G8r8ld c. 1riaIU1
d TTORNZY GENERAL OF TEXAS APPBOWED -- OpiniOn COlmrdtt88
By B.W.B. -Chairman