Hon. Charles H. Thsobald,
County Attorney,
Galveston, Texas.
Dear Xi-.Theobald:
opinion 30.
Rs: Appoint
Your letter of December 28, 19319,kklressed
to Attorney General i’il~lla6”%f,kaw, has beea referred
or this CountY have beiore then the
question of th'enumber or deputies which
the .d?mifr or .%.lvestonCounty is en-
titiedA.o apsoiat 'x?itb,their
approval.
?~lvestoa,Cowlty, aOOotdin3 to the last
Onited States Census, contains a pqmla-
one of WWI!Iis
t5e qifioe deputy and handles the acoounts
in the Sherifrfs ofrioe and the other
--'the county oourt and, in addition to
that, they serve the processes in olvil
and oriminal onses, as well as summons
the jurors for the oourts, Including
special vcnires in onpitnl osaes and.
in raot, all the duties of the Sheriff,
and naturally they are always crowded ior
time.
,’ ‘Ty purpose in writing you Is to ask
,
. .
37
_lon.Charles H. Theobald,
January 5, 1939.
if Article 6809 of Vernon's Annotated
Civil statutes (pooket) is still in
effeot in that it limits the number
of deputies to be appointed by the
Sheriff in any one aounty to not ex-
ceeding three in the justice preoinot
in zhloh is located the,County Seat
and one in each Justice Preoinct. The
reason *or my dirriouity in determining
if the said statute is still in eifsot
is thnt at that time the Sheriff W&S
vJ0rkin.yentirely on a fee basis and
no3 he, as well as other officials
of this county, work on a salary basis.
J
"Article 39'02,Vernon's Annotated
$ivil statutes, (pocket) AotS of the
45th Lcgislnturz, 2nd Coiled 5esaion,
senate ijill "10, section.$1, provides
for the aqo T ntaent cf deputies by
county offioials. You will sotc that
the first ;?aru,sraph Thereof provides
that, ~&on any dlzztriot,oounty 01
;reoinct off?c::rshall re?uirt:the
services 0P deputies, at;sistnntsor
olcrks In the performanoe of his duties
ha shall apply to the County Comnl~sion-
ers' Court of his oounty for authority
to appoint suoh deputies, assistants or
. clerks; then follows the re0glrements
cf the applioation. It would seem that
under Artiole 3902 the 5herifr of this
county, having a population of 64,401,
(20a. 4) is entitled to a first assistant
or ahief deputy and other assistants,
deputies or clerks, the salaries being
named.
"In view or the forer;oin.y,it ooours
to me that the Sherirr of this Tounty is
nnt ll-nitedto the three deputies at the
Count:'ssat snd 028 in conch justlce pre-
sinct, but tbnt he may meke :3nplization
to t?.eCc:~nis3ioners'':ourtin tl1.3form,
settin; out t?a number of ic!putlcs,ussis-
taut3 or clerks thzt no sue? apFo1ntwct.s should axcccd that
o'.'necessity :!ndthat Gue oonsideration of ~11 condltlcns
nuoessitat1nC 3aii appointments s!loullbe the coctroll!nE
f~iotorin suc:1acnsidcraticn ~1s31.:ht. 3rise affzcting
ALo,
<.
:a n,ountg2:tlari:e.
"hsrofore, ::ouare ronpeotfullp advised that
the law oontemplstes the safety end seourity of the pro-
”
39
Zion.Charlas H. Theobald, (14
January 5, 1939,
perties ot ~eoplc sn;:their personal care and protec-
ticn aridsuch action taken by the Honorahle Coxnlssioners~
Court should be governed accordingly, all In their sound
disoretion.
YOUI- respoottully,
ETORmY C3E:RA3..
OF ?ZXAS
'ZJF:.aw