532 

i 

I OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

OROVERSELLERS 

ATTORNEY OENBRAL 

iionorable Vi. P. Iierme, Jr. 

county Auditor 

Wailer County 

fieapatead, Texas 

l a llto o o unty 

1 sh6r lfr not 

to o QmR ller io n o n 

leotions; and where 

nt made out of oourt, 

rt reoorde would not 

amount oolleot#L 

ent eommunioation in which 

z Department on certain 

a8 r0liow8: 

Attorney of Walhr County authorized 

retain lc$ of amount oolleoted by 

t mda aster the filing of but before 

of euita o~behalf of Wailer County 

en to ro@f and bridges in said county? 

aid county Attorney is ao authorized, should 

he withhold his ooaaieeion or gay same to oounty 

together with rest of money collected end raoeive 

his commiseion back? 

3. If tne County Attorney should retain or be gafd 

10% of the amount SO oolleoted, then ehould the 

dleriff colleot or be paid 5$ of the mount, as 
. . 533 

donorable X. 1. il%rmv, Jr., yeG;e 2 

in oriminel 0osesY 

4. Aould th% Civil Docket show the entire amount 

oolleoted, including the commission of the County 

Attorhey, 'or in case he is allowed to retain or 

withhold his oomheion, should it just ehow the 

aotual sun peid into court? 

Xaller County is operating on a f%a baaia in regard to 

the oompensation of its county and preoinot offiocars. 

Paragraph 3 of Article 6716, V%rnon*s Annotated 05.~11 

Ytatutes, providea: 

"The ownere, operatora, driver8 or bmvore of' 

any vahiol%, objeot or oontrivanoe over a publie;. 

highway or bridge ahall be jointly and eeverally 

responsible for all damaga& whioh said highway or 

bridge may auetain aa the result of negligent 

driving, operating or aoving ,of auoh vahiole, or 

aa a result of operating ease at a tima SorbLbden 

by eaid road offioiala. The amount of auoh daaaeaa 

may ,be raoovered in any aotlon at law, by the oounty 

judge for the us8 of the oouuty, and such reoovery 

shall go to the beuetit of the damaged rood. Tho 

oounty ettorney ahall repreeenO the oounty in auoh 

suit .* 

Artiole 335, Vernon'6 Anaotated Civil Statutea, providee: 

"Whenever a district or county attorney has 

oolleoted money for the Stat.6 or fox soy county, he 

shall within thirty days arter reoeiving the same, 

pay it into the traeeury of the Stat% or of the 

oouhty in whioh it belonga, ufter deduoting thererrom and retaiuing tha oommierions allowed him 

ther%OA by law. L-&oh di8triot or oauntg attornay 

shell be entitlad to ten per oat commiaeions’on 

the first thoueend dollars oolleoted by him in any 

one 088% for the Stste or oounty fro& my lndividual or cxqany, and five p%r cent on tll SUWJ over 

ONB t:ouaahd dollars, to be retained out of the 

~10Jle.Y when colleoted, and he shall also be entitled 
: 534 

iIonorable :i. i;. bl6rM8, Jr., pege 3 

to retain the aam oomiaaiona on all aolleotions mede for the State or for auy county, This 

article shall also apply to money realized for 

the State undsr the eecheet law." 

It being the express duty of the County AttorEcy by 

authority of mid Art. 6716, Per. 3, eupra, to regreeant the 

oounty in suite of this nature, we a%4 no remon why he 

should not be entitled to hi4 oomniasionr &a provided ia 

said Art. 335, supre, This la true whether the money is 

oolleoted by settlement of the oaaee or by judgment takm 

therein, ae asid statute doee uot specify the mean4 of oolleotion. The foregoing enmfera your first @eetion in the 

affirmative. tie her4with enoloee a copy of our Opinion 

iio. O-5306 in aupport or this anewer. 

Art. 335, supra apeoifioally provides that euoh county 

Attorney, after reOeilkg suoh lPoney; shall "gay it iAt0 th4 

treaerury of the Stats or of the county In shloh it belongo, 

attsr dsduoting thsmfroa and mtaining the coaaimionr rllowed him thereon by law." (undereooring added.) %4 beii't;ve 

the undsrrroored portions of-4eid Article, a4 neit above iho&, 

clearly authorize the oounty attorney to withhold his oomtllie410n4. This anmere your seoond queetion. 

Art. 335, supra, doe4 not provide my oolnmiesion for 

the Sheriff In oivil ruitr of thi8 nature. Therefore, the 

only ooapensation to which he would be entitled in the uritr 

in i;uertion, would be 51s rtatutory fe% for serving prooaaa, 

eta., whioh would be collected aa court ooats. 

As we under&and the feat rituation aubaitted by iou, 

these oaaea in ,:ueetion were dismi44ed without trial on the 

agreement of derrendants to yhy demgerr in euma certain, ata 

the oivil docket of the oourt shows, This being 80, the 

oourt reoords would not ehow any amount collected, other than 

oourt coat4 shown by the rcbe book or said oouxt. An th6 

ma%8 were, dieaieeod aud settled out of court, the county 

attorney ie authorized to receive the amount of eettleluent, 
535 

iionorsble H. P. tlerms, Jr., Pa&Q r, 

and, after deduct& therefrom his coamiaaion~s tillowed by 

lew, pey the balance into the county trooeury. 

2 tlW0t tiNit the POlWgOiily, fully BIIBWBrB YOU <UOStions. 

Youra very truly, 

n9!ORMiY or;pTJ;RAL OP Ti;xAs 

.%Y . 

BY 

Mlelstmt 

APPROVED 

OPINION ,O -1pu 

‘V&g3