Hon. F. J. Moss

county Auditor Montague-County Montague, Texas
Dear Sir: OpinionNO. 0-2046

Re: Is an order of the commissioners court ~llowlng the county judge $20.00per 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,commissionerscourt?
Your recent request for an opinion of this department on the above-statedquestion 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. "TheCommissioners'Court passed the following order: - 'ThatCounty 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 hereFnwho Is compensated on a fee basis shallmake as part of the report now required by law, an itemizedand sworn statement of all the actual and necessary expenses Incurredby him In the'conduct of his office, such as stationery; stamps, telephone, premiums on official bonds, including~thecost
__ of suretybonds,for his deputies, premium on fire, burglary, theft, robbery Insuranceprotecting public funds, traveling expenses, and other necessary expenses... If such expenses be~lncirrredin donnection with any particular case, such statementHon. 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, otherwiseby the commissioners court; and If ftappears that any item-of such expensewas not Incurred by such~

offlcer,'or such Itemwa9 nota necessary expense of offlce, such~item"'shall~be by such audltor or court rejected, Inwhichcase the collections-ofsuch Stemmay be;adjiialiiatedln ahy'coiirt

of~hompetent'jurIsdFc.tl'on-. -Theamount of salaries--paid

to~assistantsand'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 togetherwiththe amount of salarlespaid to assistants,deputies and clerks shallbe pal? out of the fees earned by such officer e...*.e.ODe. Artlcle~

38gg~, supra; specificallyprovides~thatthe expenses allowed therefhwhen Incurredby an officer-who is compsnsated.

on a fee basis in the conduct of his offlce'bhall be paid out of the fees earnedby such officer."

The commissioners court has no legal~ right or authority to nass an order allowingthe 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 expenseswhensaia~officer'fs compensated on a fiie basis. Under Article 3899, supra; such expensesmust be paid out of the fees earnedby 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/ArdellWIlllams ArdellWIlllams Assfstant

Approved Opinion CommitteeBy s/%IBChalrman