TEtE A NEWGENERAL 

TEXAS 

Hon. wk. ?f. Hensley Opinion Ro. v-1127. 

Criminal Mstrlct Attorney 

Bexar County Re: 

San Antonio, Texas 

Dear Sir: 

Whether Article 682ga, 

V.C.S., authorizing a 

State or dlstrlct officer In military service to direct payment 

of his compensation to 

one temporarily filling the office applies 

to a Criminal District 

Attorney. 

Your request for an opinion reads in part a8 

followsn 

. ,Do the provris 

called Into military service? 

w2. If said statute does apply and 

the Criminal Mstrict Attorney complies 

with the statute by filing the reqnired 

waivep with the Comptroller, would the 

Commissioners Court and/& the Auditor of 

the officer's county be authorized to pay 

the salary of the office to the person 

designated to temporarily fill the office 

during the absence of the regularly elected officer?" 

Article 682ga, V.C.S., providea: 

'Section 1. Any person holdlm a 

State or District office in the State of 

Be? 

whether as a member of the execulegislative or judicial departments, 

when'called Into the lllilitarg service of 

either the State or Rational Governments, 

is hereby authorized to ffle wlth the COWtroller of Public Accounts of the State, a 
; . 

Hon. Wm. If. Hensley, page 2 (V-1127) 

statement or certificate In writing, to 

the effect that he waives the payment of 

his salary or pay OF the emoluments of 

his said office during the period of his 

military service and authorizing the payment of such salary, pay OP emoluments of 

his office to any other person, who, under the provisions of any law of this State 

is appointed OP elected to temporarily fill 

such civil office during the absence of such 

officer, such waiver OP assignment to terminate lzzzediatelg upon the release OF discharge of said officer from such military 

service o 

"Sec. 2. Such waiver or assignment 

shall be suffic‘ient authority for the Comptroller of Public Accounts of the State of 

Texas to issue State warrants and to pax 

such person so holding such officerVs position during his absence in military service 

out of appropriations ,made by the Legislahre for such office. 

"Sec. 3. The filing with the Comptroller of Public Accounts of the State of Texas 

of such waiver or assinnment orovided for In 

this Act shall never b; construed by any Court 

of this State to be a resignation Pram hls office by the person entering the zdlitarg service of the State or Eational Goverzzzente OP 

that his office is vacant by reason thereof." 

(Emphasis added.) 

The emphasized portion of Article 6829a, Vernon's Civil Statutes, shows conclusively that its provisions are onlv aDDliCable to Dersons holdinz a State OP 

district office in the State of Texas whose-salaries are 

paid by warrants issued by the Comptroller of Public Aocounts of the State of Texas and to no other. Although 

the C~imlnal Mstrict Attorney of Bexar County is a district officer within the meaning of certain statutes, his 

salary is not paid by warrants issued by the Comptroller 

of Public Accounts on the State Treasury, but is paid by 

the county from the County Officer's Salary Fund, to which 

the State makes an apportionment. Att'y Gen. Op. O-6676 

(1945) * 

Therefore, in answer to your questions, you are 
. ’ 

Hon. Wm. If. Rensley, page 3 (V-1127) 

advised that the provisions of Article @29a are not 

applicable to the Criminal Mstrlct Attorney of Bexar 

county. 

The provisions of Article 

thorizlng an officer to dlxeot 

6829a,, aupayment of 

his compensation to one temporarily filling the office, are not applicable to the 

Criminal Mstrict Attorney of Dexar County 

because his salary Is not paid by warrants 

issued by the Comptroller of Public Accounts. 

APPROVEI): Yours very truly, 

J. C. Davis, Jr. PRICE MlKEL 

County Affairs DlVlSion Attorney General 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

JR:mv 

m 

Assistant