HE ,!iT’TOHNEY @%:NEKAL 

OF TEXAS 

Honorable I. Prdecki 

County Auditor 

Galveston County 

Galveston, Texas 

Dear Sir: Opinion No. O-2385 

Re: vrhether the provisions of 

Article 3899-b are broad 

enough to permit the County 

Auditor's approval of expense accounts to be allowed 

out of the fees of office 

for rental of offices for 

the Justices and Constables, 

Your letter of May 18, 1940, requesting the 

opinion of this department on the above stated question 

has been received. 'We quote from your letter as follows: 

"Article 3899-b, Revised Civil Statutes, 

1925, as amended, makes provision for the 

Justices of the Peace to recekve books and 

stationery necessary in the performance of 

their duties. This, the County has always 

provided. At this time an expense account 

has been rendered by precinct officials (who 

are on a fee basis in this County) for the 

allowance of an office rental charge. Seci 

tion 2 of this Article provides suitable 

offices, etc., may in the discretion of the 

Commissioners' Court be furnished to the 

officials named the rein but does not provide 

for offices for Justices of the Peace and Constables. 

“Your opinion is respectfully requested 

as to whether the provisions in this Article 

are &road enough to permit my approval of 

expense accounts to be allowed out of the fees 
Honorable I, Predecki, page 2 O-2385 

of office for rental of offiaes for the 

Justices and Oonatablea.” 

Section 1 and 2 of Article 3899b read as follows: 

“Section 1. There shall be allowed to 

County Judges, Clerks of the Di,strict and County 

Courts, Sheriffs, County Treasurers, Tax Aasessors and Collectors, such books, stationery, 

including blank bail bonds and blank complaints, 

and office furniture as may be necessary for 

their offices, to be paid for on the order of 

the Commissioners Court out of the County Treasury; and suitable offices shall alao,be provided 

by the Commissioners Gourt for said officers at 

the expense of the county. And such books and 

stationery as are necessary in the performance 

of their duties shall also be furnished Justices 

of the Peace by said Uommissi,oners Court. Provided all purchases herein must be approved by 

Commissioners Court, and must be made under the 

provisions of Article 1659, Revised Civil Statutes 

of Texas, 1925. 

“Section 2. Suitable offices and stationery 

and blanks necessary in the performance of their 

duties may in the discretion of the Commissioners 

Court also be furnished to resident District 

Judges, resident District and County Attorneys, 

County Superintendents and County Surveyors, and 

may be paid for an order of the Commissioners 

Court out of the County Treasury. 

Section (a) of Article 3e99, Vernon’s Annotated 

Civil Statutes provides that: 

"At the close of each month of his tenure 

of office, each officer named herein who is compensated on a fee basis shall make as pert 

of the report now required by law, an itemized 

and sworn sbatement of all the actual and necessary expenses Incurred by him in the conduct 

of his office, suc‘a as stationery, stamps, telephone, premium on officials’ bonds, including the 

cost of surety bonds for his Deputies, premium 

on fire, burglary, theft, robbery insurance 

‘protecting public funds, traveling expense, and 

other neceesary expense. . .ff such expenses 

be incurred in connection with any particular 

ca86, such statement shall name such case. Such 
1 . 

Honorable I. Predecki, page 3 O-2385 

expense account shall be su,bject to the audit 

of the county auditor, attorney, otherwise by 

the Commissioners Court; and If it appears that 

any Item of such expense was not Incurred by 

such officer or such Item was not a necessary 

expense of office, such Item shall be by such 

auditor or court rejected, in which the collection of such Item may be adjudicated In any court 

of competent jurisdiction. The amount of salary 

paid to assistants and deputies shall also be 

clearly shown by such officer, giving the name, 

position and amount paid each; and In no event 

shall any officer show any greater amount than 

actually paid any such assistant or deputy. The 

amount of such expenses, together with the amount 

of sr,larIes paid to assistants, deputies and 

clerks, shall be i: aid out of the fees earned by 

such officer. U *, 

Article 3891, Vernon’s Annotated Civil Statutes 

reads in part as follows: 

“Each officer named In this chapter shall 

first ,out of the current fees of his office pay 

or be paid the amount all,owed him under the provisions of Article 38p3, together with the 

salary of his assistants and deputies and authorized expenses under Article 3899, and the amount 

necessary to dover cost of rremium on whatever 

surety bond may be required by law. If the current fees of such office collected in any year 

be more than the am.ount needed, to pay the amounts 

above specified, same shall be deemed excess 

fees and shall be dis osed of In the manner hereinafter provided. . e R 

The authorized expenses which may be deducted 

under Article 3899, supra, ane such expenses as are enumerated 

therein, and only those expenses are to be paid 

from fees earned by the officers. 

In view of the foregoing statutes you are rcspectfully advised that It Is the opinion of this department that expenses for office rent for the Justices of 

the Peace and Constables ar% not similar to the items of 

expense provided for by the above mentioned statutes, and 
Honorable I. Predecki, $age 4 O-2385 

that the Justices of the Peace and Constables are not entitled to deduct Items of expenses Incurred by tham from 

fees of their offices that would be otherwise payable to 

the county. Therefore your questicn Is respectfully 

answered In the negative. 

Trusting that the foregoing satisfactorily answers 

your Inquiry, we are 

Yours very truly 

ATTORNEY GENERAL OF TMAS 

BY Ardell WIlliama 

Aseistant 

!!;R%-;%?, 1940 

GROVER SELLERS 

FIRST ASSISTANT 

ATTORNEY GENERAL OF TEXAS 

APPROVED OPINION COMMITTEE 

BY BWB, CHAIRMAN