OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

RonorabloTemple Shell countyAttorney wichit8 county Fiehlta Falla, Texas Dear 83.x-r

carefully00n8iAa 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 suggestedthat 8 more m&table and aooessibleroo:n now ocaupledby the Tuberculor Society be aaaignedhim. FsvcrabLa aotlon on this suggestionww not taken by the court*, "1 have rendered an oral opitiion to fi. McPhereon

, etating that in sayopinion, theHonorabLeTemple Bhell, Page 5

provisionsof 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 Surveyorwith 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 suitablefor, 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 followingquestiona "1. Is it obligatoryfor the Goma1i8- sionsrs~Court to supply the County Surveyor with a suitable orrloe ti the Court house, providingone is availsble or can be iwade available? "2. If the above is antnamed in the a~firmativs,theri

must the Court 

### supplyan 0l=r10s suitable r0r the carrying on of the work of a County Surveyor; i.e., large enough for his eguipnentand the County bvey Rboords,end aoosssibleto the publio9 *3. 11 No. 1, above la answered in the' arfirmative,then should the County Surveyor, being au eleotlveoffioer,as provided in theConstitution, Sea. 44, Art. 16, be given preferencein seleatingan 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 suitableavailable office apace in the Court house for the County surveyor, then, are they obli~atadto pay a reasonablelrnt for an offioe outside the Court houseVW
We do not here pass on the authority of the Corn nissioners'Court to provideoffice 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 raisedhere.

Article 6883, vernon'aAnnotatedTexas 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 suitsblebuilding at the county neat, the rent therefor to be paid by the eossniasionere* court on satisraotoryshowingthat the rent is reaaonsble,the offioe necessary and that there is no available oifioe at the courthouse." Article 3899b, Vernon*6AnnotatedTexas 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 Districtand County Courts, Sheriffr, County Treasurers, Tax Assessorsand Gollsetcr6,6Uch books, stationery,InoluUingblank bail bonds and blank complaint%,

and office furnitureas may be necessary for their offices, 'tobe paid for on the ordes of the Colrrmissioner8 Court out of the County Treasury8and suitable offloes shall also be providedby the Com- &ssioners court for said ofiioers at the

. .HouorablaTaxple Shall, Page 4

expansa of the county. And auoh books and stationeryas are necessary in the performance of their duties ehall alao be furnished Justices of the Peace by **said** Gommiesioners court. Provided all purahaaeehereia 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 orricesand etatlonery and blanks necessary in the perrormanoeor their duties may in the dlearetionof ths Commissioners

Court ale0 be furniahdd to reivident Dlatrlot Sud5es, reeidantDint ‘iat and i :;; County Attorneys,County Superintsnanta 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 etatutssare in pari nuteria end OSMOt be reaonailedthe older statutewill ba held to by impliaationto the extent or the contllOt. baIrpe&sd eircumstanceeit lsr praeumed that the tegieleture inteallad to repeal all laws end part8 of laws ClSSFly ill0Olb eistentwith 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 DistrictCoPfte, 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 followingOfriOeFiU: residentDis

triot Jud&es, reeidantDistrictand 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 distrlotofiiosrs,making it mandatoryto provide officr!s for certain named oifioersAYU

@marable Temple Shell, Page 5

and allowing the Conrmissioners * Court discretionto determine whether or not other oerteinnamed officera should be providedwith suitable offices;

You are respectfully advised that it is the opinion of this departmentthat 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~EUMAR15, 1941
k.W ATTOPSEYGENERALOF TEXAS

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