Honorable 

County&2 

Qrayron c 

Shrrman, 

Deer 3lr ,: 

%‘. r. %31arap 

Qftor 

ounty 

T4m4 

plum Comndllt~ Corporstion, 

ment on th~~+z-z-~*~plnlon c* thlr departce sreln statea lute been re08lt4a. 

cnyrs' Court have thr 

Qeasrel Fund of Qrmp 

4 plaoed in a r4vo3vknown as ths "FedPlan* aoconllng tb my inbcanoh of the Federal Surplus Com- 

;.Uthwe~ the Cymmiasionsrs' Court hers the 

to tlr4 a ::er*an a4 Wayeon County Gherlty Ca~4 horkerw to lnttrrogate relief o&tent0 as 

to tkelr nscd4 and leme web a,roa4ry Drugs and 

clothing or&err ae h4 deem neoeeearg/ 

OFFICE OF THE ATTORNEYGENERAL OF TEXAS 

AUSTIN 
Ronorable V. T. Welerop, page 2 

W-4 ._ .Does the Commlrslonerr~ Court have 

the authority to D%~~ the above County Csae 

Worker a salary of 6150.00 per month out of 

the General Fund cf the County? 

I Said other of the Comwlrelonere' 

Court was dated, Febru%ry 20, 1941, and to be 

effective es of February 1, 1941, eftrr x-c%- 

oinding %n order held lnvalld by the Dietriot 

Attorney which we% pasoed Jenuary 30, 1941 of 

vhlch you will find oopy attaohed. 

*r. Yould the Commlr~loncrrs Court have 

the authority to allow a ralary to the County 

traffic ofrlcer from Februmrr 1, 1941 to Qebmary 11, 1941, when suah appointment wa% made by 

the Co~lrelonere~ Court under artlole 3899-b, 

acting in aonJunotlon with the Constable rather 

than with the 3herlfit 

'For your lnformstlon the Sherl?i filed an 

lnjunotlon in the 15th. Judlclrl Dletrlat Court 

of Qrayron County to prevent raid Commlrelonere' 

Court irom aarrylng out raid appointment, whloh 

temporary lnjunatlon wae granted by 6alU 15th 

Judicial Dlrtrlot Court on February 11, 1941, 

anal the date set by said Court for hearlng xae 

February 28, 1941, and on Qebruary 19, 1941 before eald hearing was held the Comml%alonere~ 

Court reoasnded their orner appointing the trafflo offlaer and held same for naught. Upon notice from the Comml%%loner%' Court of their aation the 15th Judlclal lX%trlct Court dlamla%ed 

the injunction a% a moot queetlon. 

*Plea%4 inform me the stltue of the ralary 

of %aid traifla offlaer during thle period from 

February 1, 1941 to February 11, 1941. 

'You will find attaohed Commleslonerr' Court 

orders of all the above queetlonr except question 

No. 1. 

Thl% department ha% heretofore ruled on the first 

question preeented In your inquiry, answering the eoni4 in 

the negatlve, in Oplnlone Nor. O-2015 an4 O-2013A oonaurrlng. 
Honor&b14 U. P. 'dIdroD, page 3 

145 

I 

CnpI.48 of these opinion8 w.r4 enalosed for your information. 

In an%w%r to your auertlons Nor. 2 and S, JOU are 

a@vlrecl tha,t It lo our opinion th%.t both of l %lQ quertlonr 

ahould. be an8wereQ in ths afflrmatlve e.ntl ar4 80 answered, 

upon ths conaltlon8 and for the rea8on8 dated in our Oplnlon No. C-2217 (Conferenoe Oplnlon No, 3099). A aopy of 

thlr oplnlon is enclosed herewith. 

Artlole 6699-b, referred to inni,your Bimthquewtlon, 

ap.pDller to all oountier in thlr Stat% having a population a? 

more than 125,000 acoording to the preaedlng Federal aen8u8. 

It 18 iurther provided in 8w.M atcltute that "thlr Aot ohall 

not ap$ly to oountles of not leer than lQ6,OOO population nor 

ear% than 205,000 population aocordlng to the last preoedUg 

FeQeral Cenrur.* Qrayaon Count7 ham a pogulatlon oi SQ,@QQ 

lnhabltante acoording to the 1940 Qederal Ceneur. Thereiore , 

Artiole 6699-b Is not applloable to rat& oounty. 

Thl% department held in Oplnlon No. O-5028 that “It 

18 the oplnlon of thi8 department ad you are advise6 that 

the oountr traffio olfieerr provided Sor ln Artloler 6699 an& 

6699-a of Vernon'% Annotated Clvll Statutes, rhould be appolnted by the oommlsaloners' court of the county, aatlng in eonJunotlon with the l herlff of 8ald oounty,anb not rating in oonI 

junotlon with a oon8table.* 

You rtate in your letter that the trafflo oiiloer in 

question was l ppolnte4 by the s%%unl88~onrrO' oaurt, aoting In 

oonJunotlon with the aonetsble rether than with the sheriff. 

In view o? Opinion No. O-3020, the oommi88loner8' 

oourt did, not have legal authority to appoint a trafiio offiaer aotlng in oonjunotion with the con&table rather than rlth 

the 8herlSI. ThereSore, lt 18 our opinion that the trafflo 

offleer above mentloneb wa8 not or aould not be legal17 appoi.nted in the menn4r above etated and had no authority whatsoever to a@. a% l u%h. ThereSore, it 18 our oplnlon that thr 

oomoll88lonera~ oourt has no authority to allow a salary to 

said 'oounty traffla offleer.* 

I 

Trusting that the foregoing fullr an8werr your inquiry, 

we are 

Your8 very truly 

I - ‘, : ‘PROVEDt3AR 14. 1941 ITTOFUUCY WZNEIUL OQ TEXAS 

rll Yllllam8 

Aaalatant