OFFICE OFTHEATTORNEY GENERALOFTEXAS 

AUSTIN 

Honorable James w. strawn 

County Attorney 

wlllaoy County 

Rayiaondville, Texae 

Dear Sir: 

oertain depume the amount to 

other’drpatiemr. 

193Q,nquerti~ aa 

t&e followin& rer lnrormation requlrappro?ed by the Oomhe oon5haloner*i3 Court 

year without the request 

he sherlfl entirely e.U.minate the 

id to.oertaln deputies, or reduae 

e paid to other deputies, Or raiee 

t) pat&to sti$J other deputler?* 

provides s 

6869, Rer+ed civil Statutea, as aaended, 

“Sberlfir, shall have the power, by Writing, 

to appoint one or mre’.ileputles for their respeotlve oountie8, to ofbntiwe ia oftioe bring 

the pleaeure of the eherlfr, rho shall have power 

and authoriCy to petioim all the adts ana dlttiee 
Honorable JQnee W. Straw& Paage 2 

of their principals; and every person so appointed ahall, before he enters upon the duties 

of his office, take and subsoribe to thoofflcial oath, whloh ahall be indoreed on his appointment,togsther with the oertliioate of the 

officer administering the same; and auoh appointment and oath qhall be reoorded in the ofiioe 

of the County Clerk and deposited in said ofrioe. 

The number of deputisa appointed bp the sheriff 

of any one oounty shall be limited to notexoeeding three in the Juatics precinct in whioh 

is loaated the oounty site or such aounty, and 

one in eaoh Justloa preolnct, and a list of these 

appointment8 shall be poeted up in a oonepiououa 

place in the Clerkto office. An lndiotment for 

a relO4 of anp deputy sheriff appointed ahall 

operate a; rerooation'of his appointment as rmoh, 

deputy she,riif. Provided farther, that if in the 

opi4ion of the Commiseioners* Court feee of the 

sherirr*a oifics axe not sufftoient to Justify 

the payment of salaries or auoh deputies, the 

Commiaaioxmra~ Court ahall have the power to pay 

the dame out of the General Puna of said oountq.* 

Artiole 3902, Revised civil Statutea, as amended, 

and applioable to Wlllaoy County, in part, prorldes: 

9henever any district, county or preoinot 

otrioar shall require the semiees of deputies, 

assistants or clerks in the performanue oi hia 

duties he shall apply to the County commiesionors~ 

Court oi hie county for authority to appoint suah 

deputies, assistants or olerka, stating by aworn 

applioation the number needed, the position to be 

tilled and the amount to be paid. said applloation shall be aooompanied by a etatement showing 

the probable receipts from fees, commissiona and 

aompenaation to be oollected by nald otrloe during the fisoal year and the probable disburaementa 

which shall inolude all ealaries aad expenses ot 

aald otiice; and said court shall make Its order 

authorizing the appointment of such deputies, 

assistants and clerk6 and fix the compensation to 

be paid them within the limitationa herein prescribed and determine the number to be appoiated 

as In the discretion of said court may be proper; 
Honorable Zames b. 

pr0viaea that 

Strawn, Page 3 

in 50 case shall the Comd.s8ioner5 )

Court or any member thereor attempt to influence 

the appointment of any person as deputy, assistant or clerk in any offioe. Upan the entry of 

such order the officers applying ior such assistants deputies or clerks shell be authorized to 

appoint them; prwided that said oompensation 

shell not exceed the maximum amount hereinafter 

set out. '&e oonpensation whioh may be allowed 

to the deputies, assistants or olsrks above named 

for their services shall be a reasonable one, not 

to exceed the following amounts. 

"1. In oounties having 6 population or twentyfive thousand (25,000) or less inhabitants, first 

assistant or chief deputy not to eroeed Eighteen 

Htmdred ($1800.00) Dollars per enntun; other assietants, deputies or olerks not to exceed Fifteen 

Hundred ($lSOO.OO) Dollars per annum each. * * *e 

TBder the protlsione of &Wale 6869, eupra, the 

sherifr is given the power, by writing, to appoint one or 

m0re deputies for their respective counties; to aontfnue 

In offloe during the pleasure of the sheriff and such is 

tantanmmt to a provision that both ap 

of office are di8oretionary with the r 

intnkent and tenure 

8 erfff. - Murray Y. 

Barrin (C. C. A.) ll2 S. 'VI. (2d) 1091. 

It is apparent under the foregoing authorities, 

that the aoxnlssionera' oourt can limit the number and 

salary or sherirf'8 deputies but said CWrt has no pouer 

Over the naming of the indi~duals to be appointed, and 

are espeofally prohibited f'rom attempting any such influenoe. - Harris county et al V. Smith et al, 81 S. W. (26) 

337 (writ refused). 

The conmissioners* aourt 3.8 vested with full 

authority to msnage and direct the financial affairs 0'S 

the county. Such court is given full authority over the 

expenditure of funds for salaries to be 

ployed in the office of the sheriff with s n 

aid deputies emthe maximum 

limits rixea by law. The appointment, by application t0 

ana with the oonsent of the aosasii8sioners* aourt is OtiY 

to be effected after a proper order authorizing same is 

made by the commissioners* court. 
349 

mnorable James Vi. Strawn, Page 4 

Deputies, olerks and assistants have no vested 

right as to hny fixed salary wIthin the maximum llmlts : 

authorized by Artlole 3902, supra, as agaIn& the authority of the commissloners~ aourt to change same or eU.mlnate 

the entire salary of deputies at any time during the year 

so long as Its orders are not retrospeative nor auy reauefion or iucrease Is made In salaries earned for past aervloes. 

It Is, thererore, the opinion of this aepartmnt 

that exclusive authority and control during the year over 

the salarles of deputies duly appointed by the sheriff as 

authorized ana rixea under the provisions 0r Artlole 3402, 

~el?loll*s Revised Civil Statutes as amended, Is vested in 

the OdSSiOnerI)' aourt and suoh oourt may exerolse suoh 

authority without the consent and approval of the sheriff, 

Trusting the above answ8rs your request, x8 are 

Yours very truly 

BP