April 18, 1977 

Honorable Joe Resweber 

Harris County Attorney 

Houston, Texas 77002 

Opinion No. H- 982 

Re: Authority of county 

treasurer with respect to 

payment of jurors. 

Dear Mr. Resweber: 

You have requested our opinion on the legality of a 

procedure adopted by the Harris County Commissioners Court 

for payment of jurors by the districtclerk. This procedure 

requires the establishment of a District Clerk's Special Juror 

Account Fund by the transfer of money from the Harris County 

Jury Fund. Checks from the Special Juror Account Fund are to 

be signed only by the district clerk or his deputy. The 

county treasurer is to make weekly payments out of the Jury 

Fund to the District Clerk's Special Juror Account Fund, but 

has no other responsibility for paying jurors under the contemplated procedure. You ask the following questions: 

1. May the District Clerk, rather than the Treasurer, 

open the Special Account? 

2. Do the statutes require the signature of the 

Treasurer on jury checks? 

3. Must the Treasurer make delivery of all checks 

to jurors? 

Article 2122, V.T.C.S., provides in pertinent part: 

(a) . . . The commissioners court of each 

county shall determine annually, within the 

minimum and maximum prescribed in this subsection, the amount of per diem for jurors, 

which shall be paid out of the jury fund of 

the county. 

p. 4088 
Honorable Joe Resweber - page 2 (H-982) 

(b) A check drawn on the jury fund by the 

clerk of the district court of a county may 

be transferred by endorsement and delivery 

and is receivable at par from the holder for 

all county taxes. 

(Emphasis added). Article 2122 provides for payment of jurors 

by check drawn by the district clerk on the jury fund. Attorney 

General Opinions H-590 (1975) and M-659 (1970). We believe that 

article 2122 requires payment of jurors from the statutorily 

authorized jury fund and not from a special fund entrusted to 

the district clerk. Although the commissioners court may under 

some circumstances establish special funds and make payments 

from them in exercise of its granted powers, see Attorney General 

Opinions H-590 (1975) and M-774 (1971), we donot believe it may 

do so when a statute directs payment from a particular fund. We 

note that article 1709 provides-in part: - 

The County Treasurer, as chief custodian 

of county finance, shall receive all moneys 

belonging to the county . . . and pay and 

apply or disburse the same, in such manner 

as the Commissioners Court may require or 

direct, not inconsistent with constituted law. 

(Emphasis added). We believe the establishment of a Special 

Juror Account Fund under the control of the district clerk is 

inconsistent with the statutes, and accordingly we answer your 

first question in the negative. 

The provisions bearing on the duties of the county 

treasurer are gathered together in article 1709a. Attorney 

General Opinion H-171 (1973). An examination of this statute 

discloses the proper method for payment of jurors: 

Sec. 4. . . . the County Treasurer in each 

county shall disburse all moneys belonging 

to the county, for whatever purpose they 

may be claimed, and shall pay and apply the 

same as required by law. No moneys shall be 

expended or withdrawn from, the county 

treasury except by checks or warrants 

drawn on the county treasury . . . . 

. . . . 

p. 4089 
Honorable Joe Resweber - page 3 (H-982) 

(d) Warrants: It shall be the duty of the 

County Treasurer, upon presentation to 

him of any warrant, check, voucher, or 

order drawn by the proper authority, if 

there be funds sufficient for payment 

thereof on deposit in the account aaainst 

which such warrant is drawn, to endorse 

upon the face of such instrument his 

order to pay same to payee named therein 

and to charge the same on his books to the 

fund upon which it is drawn as provided 

in Article 2554. . . . 

. . . . 

(f) In each county having an auditor, 

the County Treasurer and the depository 

shall make no payment unless the such 

warrant is countersigned by the auditor. . . . 

(g) The only exception to the auditors' 

countersigning is that of warrants for 

Jury service. . . . 

(Emphasis added). Attorney General Opinion y-657 (1970) concluded thatunder these provisions, the county treasurer is 

the proper official to deliver jury checks to the payee. In 

Attorney General Opinion H-590 (1975) we approved the holding 

of M-657 and also concluded that the treasurer must endorse 

checks drawn upon the jury fund before they could be paid. The 

language of article 1709a, sections 4(d), (f) and (g) is especially noteworthy, since it specifically includes warrants 

for jury service among the warrants to be signed by the treasurer. We believe that Attorney General Opinions M-657 and‘H-590 

were correctly decided and require that we answer your second 

and third questions in the affirmative. 

SUMMARY 

Harris County must pay jurors from its jury 

fund, and not from a separate fund entrusted 

to the district clerk. The county treasurer 

must sign jury checks, and he is the proper 

person to deliver checks to jurors. 

P. 4090 
Honorable Joe Resweber - page 4 (Hy982) 

Xery truly yourat 

APPROVED: 

Opinion Committee 

km1 

p. 4091