OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Hon. J. c. Hamilton
County Audltor
Eotor county
Odessa, Texas
Dear Sir:
Your request
as ma herein stated h
ment .
IYe m-state as follfm~r
h6riff is aem-
sor-aolbotor
ths sheriff -
- tax assbeeor-uolls8tor
ofiioiale of Eotor County are mapsmated on a tse basis.
Your first qtwstion is ansaerea by our 0 Inion
Ifo. O-1051, holding that three thcmsand (&,000.06 P dollars
Is the qim fee allowed by atatuts to the sheriff who
perform the duty of as8esscm and collaetor of krrss in
Ron. J. C. Kamilton, Pa@ S
counties hatis~ the population of less than ten thousand
inhabits&s.
We enolose a oopy ot the above mentioned opin-
ion ror your oomenienae.
Opinion Ko. O-91,, written by Honi Cecil C.
Rotsoh, Assistaut Attornay General, addressed to lfertiitt
F. Hines, Cotmty~Attorney, Laidland, Texas, holds in effect
that In eouutles having a population of less ten thousand
luhabitants.the sheritr and assessor-aolleotor oi t6xae
is entltled, under A&Sale 5902, to only one phief do uty
at a salary not exceeding eighteen hundred (~1,800.00 P
dollars per annum.
~Artlale 5903,.Revieed Civil Statutes, reads In
part as follmm:
*Whenever say dlstrlot , c2anty. or preoinut
ofZioer @all require the senioee of depntiiw,
assfstsnts'oz'olqrks ia the perionnanse of his
~dutles, .he~sballiapply to the county ooemlsafoa-
81%' aourt of ,his .ooimt.y’ror authorlty'to.ap-
point such dspoties;'assistante or olerks ~&at-
iui~ by sworn applioatltm the number need&, the
pOSItiOn to be ?fl&~.aad the amOunt to be pald.
Said application shall be aooaapanled by a state-
ment sharing the pm$Mxble reoelpts r- ises,
comlsllons and oaspenoation to be eolleeted by
said offioe. during the iiseal year and the pro-
bable disbursement8 shish shall include all saltar-
ies and expenses.of said office; and said aourt
shall make its okder authorizing the appointment
OS euoh deputies, assistants and clerks ana fix
the oompeneation to be Raid them within the llmita-
tion herein preearibed and determige the nwWsr
to be appointed'as la the discretion of said
court may be proper: prinlded that In so ease
shall the otnmissfonersCB oourt or any aumber
thereof attempt to lntluenue the appofnt'of any
person as deputy, assistant or clerk in auy office.
Upon the entry or sueh order the ofiiaers ~apply-
ing for suoh asa$stante, deputies or clerks shall
be authorized to appoint them; provided that said
ooatpensatloa sbaU not emeed the smtism azaouhg(
Hon. J. C. E&milton, Page 3
hereinafter set out. The’aoatpensation which
may be allowed to the deputies, assistants
or clerks above uaxed tor their services
shall be a reasonable one, not to exceed the
r0110wiw amounts:
“1. In uounties having a population of
twenty-five thousand (Es,0001 or lees ihhabi-
tants, first aeslstaat or chief deputy not
to exoeed eighteen hundred ($l800.00) dollars
per annwa; other aasletants, de utiee or clerks
not to exoeea fifteen hundred ( E,150O.OO)
dollars per annum eaoh....’
In answer to your second question, you are re-
SpsOtfully advised that It it3 the opinion of this depart-
ment that ths comiesionars* oourt shall deterralne the
manbar of deputies to be appointed as in the disoretion
otthe court may be proper and fir the oampensation to be
pa$t;oh deputies within the limitations provided by
Under the statute the c?ommiss1onere* oourt may
appoint*one uhief deputy to the sheriff - tax asseseor-
oolleotor and ffx his salary at a sura not to exoeed
eighteen hundad dollars per annum and the salaries of
the other deputies of the sheritf - tax assessor-oolleotor
shall not exoeed fifteen hundred dollars per annum each.
We are unable to find any statute authorizing
the county to pay any amount for tileage to the sheriff -
assessor-colleotor of taxes who is aompensated oa a fee
basis. Therefore, you are advised that the sherirt -
assessor-collector of taxes is not entitled to be paid
by the county any amount for mlleage.
‘Trusting that the foregoing fully answers your
Inquiry, we rematn
Your6 very truly
AT’K)Rlk!X-OFTExAs