TEtE 

## A NEWGENERAL

TEXAS

Hon. wk. ?f.

Hensley Opinion Ro. v-1127. Criminal Mstrlct Attorney Bexar County Re: San Antonio, Texas

Dear Sir: WhetherArticle 682ga, V.C.S., authorizinga State or dlstrlct officer In military

service to direct payment of his compensation to one temporarilyfilling the office applies to a CriminalDistrict Attorney.
Your request for an opinionreads in part a8 followsn

. ,Dothe provris

called Into military service?

w2. If said statute does apply and the CriminalMstrict Attorney complies with the statuteby filing the reqnired waivep with the Comptroller, would the Commissioners

Court and/& the Auditor of the officer'scounty be authorizedto pay the salary of the office to the person designatedto temporarilyfill 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 execulegislativeor judicialdepartments, when'calledInto the lllilitarg service of either the State or RationalGovernments, is hereby authorizedto ffle wlth the COWtroller of Public Accounts of the State, a;

.

Hon. Wm. If.

Hensley, page 2 (V-1127)

statementor certificateIn writing, to the effect that he waives the payment of his salary or pay OF the emolumentsof his said office during the period of his military service and authorizingthe payment of such salary,pay OP emolumentsof his office to any other person, who, under the provisions of any law of this State is appointed OP elected to temporarilyfill such civil office during the absence of such officer, such waiver OP assignment to terminate lzzzediatelg

upon the release OF discharge of said officerfrom 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 officerVsposition 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 assinnmentorovided for In this Act shall never b; construedby any Court of this State to be a resignationPram hls office by the person enteringthe zdlitarg service of the State or EationalGoverzzzente OP that his office is vacant by reason thereof." (Emphasisadded.)
The emphasizedportion of Article 6829a,Vernon's Civil Statutes, shows conclusivelythat 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 Comptrollerof Public Aocounts of the State of Texas and to no other. Although the C~imlnal Mstrict Attorney of Bexar County is a district officerwithin the meaning of certain statutes,his salary is not paid by warrants issued by the Comptroller of PublicAccounts on the State Treasury,but is paid by the county from the County Officer'sSalary 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 applicableto the CriminalMstrlct Attorney of Bexar county.

The provisions of Article thorizlngan officer to dlxeot 6829a,, aupayment of his compensationto one temporarilyfilling the office, are not applicableto the CriminalMstrict Attorney of Dexar County because his salary Is not paid by warrants issued by the Comptrollerof PublicAccounts. APPROVEI): Yours very truly,
J. C. Davis, Jr. PRICE MlKEL County Affairs DlVlSion Attorney General
Everett Hutchinson ExecutiveAssistant
Charles D. Mathews First Assistant
JR:mv m Assistant