OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Ronorablo Temple Shell 

county Attorney 

wichit8 county 

Fiehlta Falla, Texas 

Dear 83.x-r 

carefully 00n8iAa 

your request as io 

him orztcs spaos 

stall hl!d Asak and @hair. Re 

to it BB not beiw caeassalble 

a it is ns4essarg to pslsr 

ire lenah ai the ttouft TOQIE 

"He hae suggested that 8 more m&table 

and aooessible roo:n now ocaupled by the Tuberculor Society be aaaigned him. FsvcrabLa 

aotlon on this suggestion ww not taken by 

the court *, 

"1 have rendered an oral opitiion to fi. 

McPhereon , etating that in say opinion, the 
HonorabLe Temple Bhell, Page 5 

provisions of Art. 5S99b, Sea. 5. oi Title 

61 - Fees of o?fice, uow govern, and that 

it is discretionary with the Comisaionerr* 

Court uhethar or not they supply the County 

Surveyor with an ofries in the Court house, 

or whether or not they ere obliged to pay 

hie offices rent in the event they do not 

80 supply him. 

%P. MaPhemon, on the other hand, has 

been advis~ad b 

non's Revised g 

cwnssl that Art. 55SS, Qartatutes, still gwems, and 

that the Court is obligad to either furnish 

an office in the Court house suitable for, 

condu&ihg the bualnesa of a Gouuty h~veyor, 

or to pay the rent on an offies outsids the 

Court house, es provided in this Artiols. 

Ymmfore, Ipcopound ror your eonsideration end opinion, the following questiona 

"1. Is it obligatory for the Goma1i8- 

sionsrs~ Court to supply the County Surveyor 

with a suitable orrloe ti the Court house, 

providing one is availsble or can be iwade 

available? 

"2. If the above is antnamed in the 

a~firmativs, theri must the Court supply an 

0l=r10s suitable r0r the carrying on of the 

work of a County Surveyor; i.e., large enough 

for his eguipnent and the County bvey Rboords, end aoosssible to the publio9 

*3. 11 No. 1, above la answered in the' 

arfirmative, then should the County Surveyor, 

being au eleotlve offioer, as provided in 

theConstitution, Sea. 44, Art. 16, be given 

preference in seleating an office over Persons who am not SO elettedf i. 0~ JustiOes 

or the ~eatte, Constables. W. P. A., and represent:;tives of charitable isstitutloas? 

. . . 
i38 

Hmorable Temple Shell, Page 8 

"4. If No. 1 is answered affirmatively, 

and the Commlssionsrs~ Court finds there is no 

suitable available office apace in the Court 

house for the County surveyor, then, are they 

obli~atad to pay a reasonable lrnt for an 

offioe outside the Court houseVW 

We do not here pass on the authority of the Corn 

nissioners' Court to provide office speae in the oourthouae 

for the V!uber#ular Sooiety" as we do not have suffioitint 

tuats to pass on same end said question la not direotly 

raised here. 

Article 6883, vernon'a Annotated Texas Qlvil Statutss, reads as fol.lowsr 

*A oounty mrveyor shall be slsoted in 

eaoh oounty at each genewl election for a 

tern of two yeara. Be shall reside la the 

county and keep his office at the aourthoUse 

or some suitsble building at the county neat, 

the rent therefor to be paid by the eossniasionere* court on satisraotory showing that 

the rent is reaaonsble, the offioe necessary 

and that there is no available oifioe at the 

courthouse." 

Article 3899b, Vernon*6 Annotated Texas Civil Statutes, is a much later statute than Artiole 5283, supra. Seations 1 and & of Article 3899b, V. A. 'P. 0. 9.. read ae follow81 

"Seotion 1. There shall be allowed to 

County Judges, Clerks of the District and 

County Courts, Sheriffr, County Treasurers, 

Tax Assessors and Gollsetcr6, 6Uch books, 

stationery, InoluUing blank bail bonds and 

blank complaint%, and office furniture as may 

be necessary for their offices, 'to be paid 

for on the ordes of the Colrrmissioner8 Court 

out of the County Treasury8 and suitable 

offloes shall also be provided by the Com- 

&ssioners court for said ofiioers at the 

. . 
Houorabla Taxple Shall, Page 4 

expansa of the county. And auoh books and 

stationery as are necessary in the performance of their duties ehall alao be furnished Justices of the Peace by said Gommiesioners 

court. Provided all purahaaee hereia must 

be aPprovsd by Commissioner8 Court, and must 

be made under the provl~ion8 or Artiola 1659, 

Revised Civil Statuterr of Texas, 1925. 

“Sec. 2. Suitable orrices and etatlonery 

and blanks necessary in the perrormanoe or 

their duties may in the dlearetion of ths 

Commissioners Court ale0 be furniahdd to reivident Dlatrlot Sud5es, reeidant Dint i ‘iat and :;; 

County Attorneys, County Superintsn anta 

and County Surveyor%, and may be paid ror on 

order of the Comml.ssioners Court out Oi the 

County Treaeury. * 

It is e settled rule of atetutory construction 

that where two etatutss are in pari nuteria end OSMOt be 

reaonailed the older statute will ba held to 

by impliaation to the extent or the contllOt. 

baIrpe&sd 

eircumstancee it lsr praeumed that the tegieleture inteallad to repeal all laws end part8 of laws ClSSFly ill0Olb 

eistent with ite later sot. (Sea 39 Texas Juri6pFudenea, 

page 145. ) 

Seotion 1 of Article 3SQQb, avlkae it th6 

duty of tha Gommi0l6ioner~’ Court to provide 

ror 06rtain oounty orrloere, to wit; 

County JUd5es, Clerks 02 the County end District CoPfte, 

SheFiffS, County Treasurerrr and Tax Aaaesaor-Collaotora. 

Seation 2 of Article 30QQb provides that it is disare- 

;l.;na;’ with the Commlssionersl Court a6 to the-dsuitable arricee for the following OfriOeFiU: 

resident Dis triot Jud&es, reeidant District and County 

Attorneys, GoUnty Superintendents and County SUrWyOS8. 

Thus we sea that Sections 1 and 2 of Article 3899b 

Bupra, are eonprehensive acts dealing with the pro&ding 

of offices for oounty and distrlot ofiiosrs, making it 

mandatory to provide officr!s for certain named oifioers 
AYU 

@marable Temple Shell, Page 5 

and allowing the Conrmissioners * Court discretion to determine whether or not other oertein named officera should 

be provided with suitable offices; 

You are respectfully advised that it is the 

opinion of this department that it is discretionary with 

the Commissionera' Court of Wichita County as to what kind 

or office apaoe, ii any, either In or out of the courthouse, they may see fit to allow the county surv6yor. 

Very truly yours 

BY 

Wm. J. Fanning 

Arsietant 

APPRO~EUMAR 15, 1941 

k.W 

ATTOPSEY GENERAL OF TEXAS 

c 

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