OFFICE OFTHEATTORNEY GENERALOFTEXAS AUSTIN

HonorableJames 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?edby the Oomhe oon5haloner*i3

Court year without the request he sherlfl entirely e.U.minate the id to.oertalndeputies, 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 respeotlveoountie8, to ofbntiwe ia oftioe bring the pleaeureof the eherlfr,rho shall have power and authoriCyto petioim all the adts ana dlttieeHonorableJQnee W. Straw& Paage 2

of their principals; and every person so appointed ahall, before he enters upon the duties of his office, take and subsoribeto thoofflcial oath, whloh ahall be indoreed on his appointment,togsther with the oertliioateof 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 appointedbp 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 lndiotmentfor 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 sufftoientto Justify the payment of salariesor 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 applioableto Wlllaoy County, in part, prorldes:

9henever any district, county or preoinot otrioar shall require the semiees of deputies, assistantsor clerks in the performanue oi hia duties he shall apply to the County commiesionors~ Court oi hie county for authority to appoint suah deputies,assistantsor olerka, stating by aworn applioationthe number needed, the position to be tilled and the amount to be paid. said applloation shall be aooompaniedby a etatement showing the probable receipts from fees, commissiona and aompenaation

to **be** oollectedby nald otrloe during the fisoal year and the probable disburaementa which shall inoludeall ealaries aad expensesot aald otiice; and said court shall make Its order authorizingthe appointmentof such deputies, assistants

and clerk6 and fix the compensation to be paid them within the limitationaherein prescribedand determine the number to be appoiated as In the discretionof said court may be proper;HonorableZames 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 deputiesor clerks shell be authorizedto appoint them; prwided that said oompensation shell not exceed the maximum amount hereinafter set out. '&e oonpensation whioh may be allowed to the deputies,assistantsor olsrks above named for their services shall be a reasonableone, not to exceedthe followingamounts. "1. In oountieshaving 6 populationor twentyfive thousand (25,000)or less inhabitants, first assistantor chief deputy not to eroeed Eighteen Htmdred ($1800.00) Dollars 

### per enntun; other assietants, deputiesor olerks not to exceed Fifteen Hundred ($lSOO.OO) Dollars per annum each. * * *e
TBder the protlsioneof &Wale 6869, eupra, the sherifr is given the power, by writing, to appoint one or m0re deputiesfor their respectivecounties;**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 apparentunder the foregoingauthorities, that the aoxnlssionera' oourt can limit the number and salary or sherirf'8deputies but 

## said CWrt has no pouer Over the naming of the indi~duals to be appointed, and are espeofally

prohibitedf'rom

attemptingany 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 authorityto msnage and direct the financialaffairs 0'S the county. Such court is given full authorityover the expenditure

of funds for salaries to be ployed in the office of the sheriff with n said deputies emthe maximum limits rixea by law. The appointment,by application t0 ana with the oonsentof the aosasii8sioners* aourt is OtiY to be effected after a proper order authorizingsame is made by the commissioners* court.

### 349

mnorable James Vi. Strawn, Page 4

Deputies,olerks and assistantshave no vested right as to hny fixed salarywIthin 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 deputiesat any time during the year so long as Its orders are not retrospeative nor auy reauefion or iucrease Is 

### made In salariesearned for past aervloes.

It Is, thererore,the opinion of this aepartmnt that exclusiveauthority and controlduring the year over the salarles of deputiesduly appointedby 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 consentand approvalof the sheriff,

**Trusting** the above answ8rs your request,x8 are
Yours very truly

BP