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                   OFFICE   OF THE ATTORNEY           GENERAL        OF TEXAS
                                            AUSTIN




                                                                 Janunry 27, 1939


        Hon. Thomas L. Rlanton, Jr.
        County Attorney
        Shackelford~County                                      !\
        Albany, Texas                                ;,
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                                                   ,/' -~.+ i,
        Dear Sir:                                                  \.
                                                         . . '..
                                Opiniolix0. 0-6s.y             -,\ "..\
                                Re: In S!laokolfordCounty:        ",. )
                                    (1) Isit legal,for county to'Say
                                        sianogrsphar,for County J&a
                                       ,Tro31General PUnd?
                                    (2) 3ow may deputlos, assistants,
                                        e,to.of Sheriff*s and Clerk's
                                        offices be ;laid?
                  ~~kii3 tit?purt:atnt ackroxledge& receipt or 7our let-
        ter   of
               Janucrg 6th , T:<hiah   raises the questions stated above,
        and reqtieSt.8 onr,cpinion thereon.
                          raferenoe to the:tirst question, you are re-
                     Vr::ith
        speotrully~.referredtothe provisions of Article 3891, R. c.
        S ., asemendod.
                ,,I'        In partit provides:
             / ,I' '-\
                     '%&~.Officer named in this ohanter shall
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           i rirst out/o&the current fees of his-offloe pay
           ‘x,~or%bepaid the.~amountallowed him under the pro-
              -visions of ilrtiole3883, together with the Sal-
               ariesof his assistants and deputies, and nuthori-
               zed..expenses'underArtiole 3899, and the amount
               necessary to cover oosts or premium on whatever
               surety bond may be requlrod by law. If the our-
               rent recs of such Office collected in eny year
               be more than the amount needed to pay the amounts
               above speoificd, same shall be deemed exoess fees
               and shall be disposed of in the manner herelnaitei*
               provided."
                       In addition,   you    are     referred   to   Artiole    3899,   R. C.
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      Hon. Thomas L. Blanton, Jr., January 27, 1939, Page 2


      S ., amanded, relating to monthly expense accounts, reading
      in part as roilons:
                    The amount of such expenses, together with
               the amount or salaries paid to assistants, de-
               puties and olerks shall be paid out of the fees
               earned by suoh orrloer.*
                There are two olearly defined provisions of the
      statutes oontsined In Title 61 of the Revised Civil Statutes,
      one applicable to counties wherein officers are compensated
      on a fee basis, the other where oompensation is provided un-
      der the salary syotem. From inquiry :nade to tha Comptroller,
      we are advised that ijhaokelfordCcunty is a "fen" county
      with a population of 6,695 and property valuation of
      $6,842,790.
                :'hereis,'in view of the statutes quoted above
      general law authorizing the pmployment of a stenographer'f~~
      the oounty judge and payment of salary rron the general fund.
      If there is any special law applicable to Shaokelford County,
      or those oovnties  felling within a populetion or property
      valuation bracket which vould apply to Shackelford County,
      ye are unabla to find it.
                        1
                You are, therefore, advised that there is no legal
      authority for payment of the county judge's stenographer from
      the general fund.
                The supplemental letter opinion written you on
      Deoember 21, 1938 by hssfstant Attorney General Be S. Gray
      is withdrawn, and speolfically overruled.
                Xith reference to salaries of deputies, assistants,
      eto. of the sheriff's and alerk's offices, it is our opinion
      the provisions of Artlolas 3891 and 3a99,supra.likewise apply
      and their oompensation must be derived from fees Of the of- \
      ri0ss.

                'l/e
                   have your inquiries for oplnlons relative to
      transfers of oertaln funds enumerated in your other letters
      dated January 6th. :J;'e
                             beg to advise that the complicated
      questions therein raised nre reoelving our consideration and
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Hon. Thomas L. Blanton, Jr., January   27, 1939, page 3


will be answered at the aarlle,stpossible time wa oan digest
the authorities and reaoh OUT oonol~~lon~
                                       Very truly yours
