Hon. F. J. Moss 

county Auditor 

Montague-County 

Montague, Texas 

Dear Sir: Opinion NO. 0-2046 

Re: Is an order of the commissioners court 

~llowlng the county judge $20.00 per 

month to take care of postage and traveling expenses, to be paid out of the 

general fund of the county, a legal order 

of said, commissioners court? 

Your recent request for an opinion of this department 

on the above-stated question has been received. Your letter 

reads as follows: 

"Our County is on the fee system and the 

County Judge Is paid a monthly ex-officio of $175.00. 

"The Commissioners' Court passed the following order: - 'That County Judge be allowed $20.00 

per month to take care of postage and traveling 

expense.' 

out 

in part 

"Is this a legal order for payment to be made 

of General Fund of County?" 

Article 3899, Vernon's Annotated Civil Statutes, reads 

as follows: 

"At the close of each month of his tenure 

of office each officer named hereFn who Is compensated on a fee basis shall make as part of 

the report now required by law, an itemized and 

sworn statement of all the actual and necessary 

expenses Incurred by him In the'conduct of his 

office, such as stationery; stamps, telephone, 

__ premiums on official bonds, including ~the cost 

of surety bonds,for his deputies, premium on fire, 

burglary, theft, robbery Insurance protecting public 

funds, traveling expenses, and other necessary 

expenses... If such expenses be~lncirrred in donnection with any particular case, such statement 
Hon. F. J. Moss,page 2 o-2046 

shall name such case. Such expense accountshall 

be subject' to the audit of the county auditor, lf 

any, otherwise by the commissioners court; and If 

ftappears that any item-of such expensewas not 

Incurred by such~ offlcer,'or such Item wa9 nota 

necessary expense of offlce, such~item"'shall~be 

by such audltor or court rejected, In whichcase 

the collections -of such Stem may be;adjiialiiatedln 

ahy'coiirt of~hompetent' jurIsdFc.tl'on-. -The amount 

of salaries--paid to~assistants and'deputles shall 

aTs~o-be clearly-.shownby such officer, giving the 

name, position and amount paid each; and in no 

events shall any~offIcer show any~ greater amount 

than actually paid any such assistant or deputy; 

The amount of'such expenses together withthe amount 

of salarles paid to assistants, deputies and clerks 

shall be pal? out of the fees earned by such officer 

e...*.e.ODe. 

Artlcle~ 38gg~, supra; specifically provides ~thatthe 

expenses allowed therefh when Incurredby an officer-who is 

compsnsated. on a fee basis in the conduct of his offlce'bhall 

be paid out of the fees earned by such officer." 

The commissioners court has no legal~ right or authority 

to nass an order allowing the county judge the sum of $20..00 

per month, or any other amount, to be"pald outs of the getieral 

fund, for postage and traveling expenses whensaia~officer'fs 

compensated on a fiie basis. Under Article 3899, supra; such 

expenses must be paid out of the fees earned by such offlcerl 

Therefore, yoz questlon Is respectfully answered in the negative. 

Trusting that the foregoing fully answers your inquiry, 

we remain 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

AW:pbp:wc 

APPROVED MAR 15, 1940 

s/Gerald C. Mann 

ATTORNEYGENERAL OF TEXAS 

By s/Ardell WIlllams 

Ardell WIlllams 

Assfstant 

Approved Opinion Committee By s/%IBChalrman