OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

lion. Joe J. Fisher 

Distriot Attorney 

S+n Augustine, Texas 

Dear Sir: Opinion Nor 

Rea Fees of 

ld a County TreastuStatement as pro- 

, as to Exoess Fee8 

the County Treanecessary esioe, such as premiums on Surety 

e, and so forth under Artiole 

d by this offiae. 

Artiole 3883, Revised Civil Statutes, entitled 

Maximum Fees allows and providea oertain fees for the offlows named therein. This ertfole doea not inolnde County 

Treasurers and has application only to those officers speoifioally mentioned in the statute. 
Hon. Joe J. Fisher, February 10, 1939, Page 2 

Article 3891 reeds in pert ea follows: 

"Bach officer named in this Chapter shell 

tlrst out of the current reee of his office 

pay or be paid the amount allowed him under 

the provisions of A.rt!.ole 3883, together with 

the aelsriea of his assistants end deputies, 

end authorized expenses under Ar&lole 3899, 

end the amount necessary to cover oosts of 

premium on whatever surety bond may be required 

by law. If the ourrent fees of suoh offloe 

oolleoted in any year be more then the amount 

needed to pay the amounts above speoified, 

same shall be deemed exoeas fees, and ahall 

be disposed of in the manner herelnefter provfded. 

*In oountlss oonteining trrsnty-five 

thousand (25,000) or less Inhabitants, Dlstrlot and County officers named herein shall 

retain one-third of euoh exaess reea until 

such one-third, to&$&r nith the amount8 

specified in Artiole,3283, amounts to Three' 

Thousand Dollars ($3,000). Preoinot offioers shall retain one-thlrd.untll auoh OWttlrd, together with the amount apeolfled 

In Artiole 3883, amounts to Fourteen Hundred 

Dollars ($1400)." 

Artiole 3899 allows all the eotuel end neoeasery expenses inourred by such ofricer in the oonduot of 

his offlae, suoh as ,stetlonery, atemps, telephone, premium on official bonds, inaluding the oost of surety 

bonds for his deputies, premium8 on fire, burglary, theft, 

robbery insurance proteoting publio funds, traveling expens88 end other neoesaery expenses. 

Artioles 3891 and 3899 pertain only to those 

orflcera named in Artiole 3283 es these statutes refer 

both specifically and by implioetion to Article 3883. 

Artiole 3899b reeds in pert as follows: 

"Seotlon 1. There shall be allowed to 

County Judges, Clerks of the Distrlot end 
BoXI. Joe J. Fisher, February 10, 1939, Page 3 

County Courts, Sheriffs, County Treasurers, 

Tax Assessors end Collectors, such books, 

stationery, 6noludlng blank bell bonde end 

blank complaints, end office furniture ea 

may be neoescery for their offices, to be 

paid for en the order of the Commissioners 

Court out of the Coun:y Treasury; and suitable cffioes shell also be provided by the 

CommissionersV Court for said otflcers et 

the expense of the county. And suoh books 

end stationery as are neoeasery in the perrormanoe of their duties shall also be rurniahed Justices of the Peace by said Commissioners Court. Provided all purhheses 

herein must be approved by Commissfoners 

Court, and must be made under the provisions 

of Article 1659, Flevised Civil Statutes of 

Texas, 1925." 

Article 3899b provides offices, offloe supplies, 

end offloe furniture ea may be neceasery for the OffloerS 

named therein. The County Treasurer la inoluded in. thle 

eot and is entitled to the benefits which this atetute 

mentions. However,~ this atatute does not provide for the 

payment of premiums on surety bonds or any other expenses 

allowed by Artiole 3899 exoept stetdonery. 

Article 3897 reads as follows: 

"Each dlstrlct, oounty end precinct 

offioer, at the close of eeoh fiaoel year 

(December 3lat) shell make to the distrlot 

court of the oounty in whioh he resides a 

sworn statement in triplloate (on forms 

designed and approved by the State Auditor) 

a copy of whioh statement shell be forwarded 

to.the State Auditor by the olerk of ths 

district court of said aounty within thirty 

(30) days after the ssmc has been filed in his 

" office, and one oopy to be filed with the 

oounty auditor, if any; otherwise said copy 

shell be filed 14th the Commissioners! Court. 

Said report shall show the amount of all fees, 

oommissions and compensations ubetever earned 

by aeid officer durlng~the fisoal year; end 

secondly, shell show the amount of fees, oO$%, 

missions and'hompensatlons oolleoted by him W 
HOn. Joe J. Fiaher, February 10, 1939, Page 4 

during the fiscal year; thirdly, said report shall oontein an itemized statement of 

all fees, commissions end oompensetions 

earned during the flsoel year which were 

not colleoted, together with the name of the 

party owing said fees, commissions and oompensations. Said report shall be filed not 

later then February 1st following the olose 

of the flsoal yeawand for eeoh day after 

said date that said report remains not filed, 

said officer ahall be liable to a penalty 

of Twenty Five ($25.00) Dollars, whloh may 

be recovered by the oountg in a suit brought 

for suoh purposes, and. in addition said offioer shell be subjeot to removal from offloe.* 

Artiole 3943 provides, generally, that the oom- 

.#saions allowed to any County Treasurer shell not exoeed 

Two Thousand ($2,000.00) Dollars annually. 

In view of the foregoing statutes, you are respectfully advised that It Is the opinion of this Department that the County Treasurer of Newton County Is not 

entitled to retain one-third of the exoess reea over lwo 

Thousand ($Z,OOO.OO] Dollars~untll the amount reaohea 

Three Thousand ($S,OOO.OO) jIollars, or to retain any 

amount of such fees over Two Thousand ($2,000.00) Dollars 

and that Artioles 3891 end 3899 have no epplloatlon es to 

the County Treasurer but eaoh County Treasurer must make 

the sworn statement as required by Article 3897. 

Trusting that the foregoing answers your inquiry, we remain 

Very truly your8 

@TORNEYGEIVRRALOFTEXAS 

BY&I!.UV~ 

AW:AW 

Ardell Williams 

Aesistant 

APPRO7ED: 

-&zLu.d.<- JATTORNEY GEWERAL OF TEXAS