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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
February 10, 1939
Hon. 0. E. Gmron
County Attorney
Eotor county
Odessa, Texas
Dear Sir:
puerrtloqwae an-
by iiemlstaat~A%tornoytin-
g opinion Ilo.O-91. A
ed ior yonr oonriboratation.
oplnlon, you are adtiroa
tor and asxma~or of lbator
her rsqwsted an opinion whether the
t ooalb eUon the sheriif-tax oollso-
ex-ofiioio oompensetion ymler exist-
YQU are referred to firtiaI638911,B, 0. S.,
tiloh proriderrfor ~e,s-offtoio o eneation in ciwiwawhere
the oompensation-*rtB*tosi# iaee -3 0 not exceed the mari-
provided
ELUIII ior otfios. Aa 8tated by you, the Ua8pfeelon-
cam' Uourt does not know at thlo time nor may they deter-
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Ron. 0. E. Gerron, Babruary 10, 1939, Page 2
mine the amount of fees the offloe will collect during
the ensuing year. However, it has been consistently
held by this Department the.tthe officer is required
to repcrt all tees earned, even though the offiolal
has reached the maximum sllowed by law. Should an offi-
oer retain an amount in excess of the maximum compensa-
tion allowed by law, due to an over-allowanoe of ex-
offioio compensation, suoh an over-allowsnoe is return-
able to the county. The amount oannot be determined
until the close of the Pisoal year.
Therdfore, you are advised the Commlssloners~
Court in Its disoretlon may allow the sheriff-tax
oolleotor and assessor an ex-offioio oompensation in
suoh amount as may be determined by the court.
Very truly youra
GENEHAL OF
njamin woodall
Assistant
BW:AW
XIGLOSURE
-APmomDt
G---5
ATTORNEY cZl!XERAL'OF TEXAS