Hon. J. D. Looney opiniori lpo. 04388 1 

County Auditor Rar: Bnploym~nt of additional deputies and 

Bode County clerks in Bowie'County while regular deputies 

Boston, Texas and clerks are on vacation, 

Dear Sir: '. 

Your request for'opiuion has been received and carefully considered by this department. We quote from your request as follows: 

"Where Steno's and Deputies takes a vacation forgone or 

Two Weeks, is the County liable for expense for extra help 

to carry on their work during their absence?" 

'Article 39G2, Vernon's Annotated Texas Civil Statutes, reads 

inpart as follows: 

uWhenever any district, county or precinct officer 

shall.require the serrices of deputies, assistants or 

clerks in the performance of his duties~he shall apply to 

t&County Commissioners' Court of his county for authority to appoint such deputies ; ,ass%stants or clerks, stating by sworn application the nmber needed, the position 

to be filled and the amnmtto be paid. Said application 

shall be accompanied by a statement shoeing the probable 

receiptsfron fees, cdssioz~ and compensation to be 

collected by said office during the fiscal year and the 

probable disburs~ents which shall include all salaries 

and expenses of said office3 and said ccnrt shall make its 

order authorising the appointment of such deputies, assistants and clerks and fix the caapensation to be paid 

then within the linitations hereinprescribed and deternine the number to be appointed as in the discretion of 

said court lnaybe proper; provided that in~no case shall 

the Commissioners' Court or anynember thereof attsanpto 

influence the appoinbnent of any person as deputy, assistant or clerk in any office. Uponthe entry of such 

order the officers applying, for such assistants, deputies 

or clerks shsll be authoriaed to appoint theta; provided 

that said compensation shall not exceed the na&mau amount 

hereinafter Seth out. The compensation which may be allowed 

to the deputies, assistants or clerks above naned for their 

services shall be a reasonable one, not to exceed the following snlountsr . . .n 
Hon. J. D. Looney, page 2 (O-5388) 

We quote from Opinion lo. O-l&l of this department as followsr 

"We are unable to find any statute dealing with the sub-, 

ject of vacations among counti officials. The same is true 

of deputies, assistants or other employees authorised to perform services under the principal of any public office, with 

the etieption of Ai-title 1583b, Penal Code of Texas, 1925, 

which provides that every regularly assigned jailer, jail 

guard, or jail matron at any county jail in any city of more 

than twenty-five thousand (25,000) inhabitants shall be allowed 

fifteen (15;) days vacation, in each year with pay, not more 

than two (2) members to be on vacation at the same time. 

%xmnissioners Courts are courts of general jurisdiction 

when acting within the sphere of the powers and duties conferred upon thmu, however, they are courts of limited jurisdiction 

in that their authority extends orily to matters pertaining to 

the general welfare of their respective counties and that their 

powers are only those expressly or impliedly conferred upon 

them by law -- that is, by the Constitution and statutes of the 

State. 11 Tex. Jur. para. 37, p. 564. 

"The law imposes upon each elective official of a county 

certain duties connected with his offioe which he is obligated 

to faithfully discharge and perform. He is responsible for certain acts of his deputies; and in the matter of attending to 

and performing the duties of his office, the law holds him responsible. Kany duties connected with a public office must 

necessarily be performed by olerical workers and assistants, 

who consequently perform their duties solely under the direction 

of the principal in office. Especially is this true where their 

duties are not regulated by statute. 

"The status of the various deputies, assistants or clerks, 

as provided in the above-quoted statute, are varied. ,Sheriff 

deputies, constable deputies and all county clerk deputies are 

considered public officers. In a true sense, they perform governmental functions, and where their duties are not prescribed 

or regulated by statute, they perform a public service, sharing 

the~responsibility of office with their principal. Such officers stand on a footing different from mere county employees -- 

the services and employment of the former being authorized by 

law, the latter being based upon contract with the conmissioners 

COUI”L 

"An examination of the acts of the various legislatures for 

several years past discloses that the general appropriation bill 

provisions, as affecting State mriployees, permit twelve (12) 

working day vacations, when agreed to between the official and 
Hon. J. D. Looney, page 3 (O-5388) 

his enrployees. If it can be said that the State has 

adopted~a policy of allowing paid,vacations, alaw which 

requires a public officer to serve a year before being 

allowed such vacation would, in our opinion, contravene 

such declared policy, depriving the government oft better 

and more efficient service, which is the only principle 

upon which such vacations can be sustained. 

"Such matters of general office routine or mode in 

which a public officer, with the help.of his authorized 

deputies, assistants and clerks, performs the duties'of 

his office, where not regulated by statute, are not vested 

in the ccezmissioners court. We cannot help but view the 

matter of regulation of hours ,andvacations of public officers in all governmental and political units of the govemment as being solely-one of executive, adninistrative~discretion,~subjedt to be withdrawn orcontrolled by the Legislature. 

"Vacations are closely identified with general adninistrative powers vested in the holder of a public office. 

The only principle upon which vacations are permitted, insofar as a declared policy of the government would authorize 

same, appears grounded on a settled policy of employees or 

public officers entering into an agreement with their departmental or.office head, under the latter's supervision and 

direction. 

"As vacations directly affect the discharging of the 

duties of a particular office, the responsibility for which 

reposes in the principal of such office, the Commissioners 

Court, being nowise charged with such responsibility, would 

not be authorized, in the absence of legislative authority, 

to assume control and attempt to regulate the same. 

"It is, therefore, the opinion of this departmentthat 

the commissioners court of a county does not have the authority to pass an order providing that no vacations with pay 

shall be allowed any mnployees of the county or deputies or 

assis'tants of county officers until and unless such persons 

have been mnployed for a period of one year. Such order, being beyond the scope of power and authority vested in the 

Coznzissioners Court, is ultra vires and void." 

We quote from Opinion No. O-1876 of this department as follrms: 

"You are respectfully advised that it is the opinion of 

this department that the county clerk has the authority to 

pay a deputy his regular salary during the absence of'such 

deputy from eaployment due to sickness or vacation for a reasonable length of time." 
Hon. J. D. Looney, page 4 (O-5388) 

We enclose herewith copies of Opinions Nos. O-l&l and O-1876. 

Opinion No. 04620 of this ~p@$wpt holds 

of Walker County, Texas, has no authority to eplploy a

her a salary as an authorized expense out of his fees 

defines the term "stenographer.*' 

that the county attorney 

stenographer and pay 

of office. This opinion 

Opinion No. O-1874 of this department, holds that when the county attorney of Liberty County, Texas, ccmplies with Article 3902, V.A.C.S., a l'clerkn 

maybe appointed for such county attorney. 

Opinion No. O-1930 of this department holds that neither the county 

attorney nor the commissioners' court has any statutory authority to employ a 

stenographer for the county attorney of Johnson County, Texas, and pay for same 

out of county funds. This opinion further holds that the commissioners' court 

of~Johnson County, Texas, a salary county, having a population in excess of 

20,000 inhabitants according to the last preceding Federal Census, may authorize the employment of a stenographer by the county judge and pay for such services out of the general fund of the~county to an amount not to exceed Twelve 

Hundred Dollars ($1200.00) per year. 

Opinion No. O-4776 of this department holds that the commissioners' 

court of sector County, Texas, a fee county, having a population of less than 

20,000 inhabitants according to the last preceding Federal Census, could not 

employ a stenographer for the county judge or the conmissioners court, This 

opinion holds however that the ccmmissi~ners~ court of Ector County could authorize the county judge of such county to appoint a clerk. 

We enclose herewith copies of Opinions Nos. o-1620, O-187& O-1930 

and O-4776. 

Subdivision (a) of Section 13 of Article 3912e, Vernon's Annotated 

Texas Civil Statutes, applicable to counties having a population of 20,000 inhabitants or.more and less than 190,000 inhabitants, according to the last preceding Federal Census, is applicable to Bowie County, Texas, a county within 

the above population brackets, and said subdivision reads as follows: 

"The ccmmissionersl court may authorize the employment of 

a stenographer by the county judge and pay for such services out 

of the general fund of the county to an amount not to exceed 

Twelve Hundred ($1200.00) Dollars per year." 

It is our opinion that the only stenographer authorized by law for 

any Bowie County official is the stenographer for the county judge described 

in the next above quoted subdivision, No stenographer could be.employed by any 

county official of Bowie County except for the county judge. The sum of 

$1200.00 per annum is the limit which could be paid to the Bowie County Judge's 

stenographer. It is also discretionary with the ccaunissioners' court of Bowie 

County as to whether they will authorize the county judge to employ such stenograph-. 
Hon. J. D. Looney, page 5 (O-5388) 

It is our opinion that it is discretionary with the commissioners' 

court as to whether it will authorize the employment of extra or additional 

deputies, assistants and clerks for the various county officials during the 

time the regular deputies, assistants and clerks may be on vacations. In 

the absence of authorization of the canmissioners court as outlined by Article~3902, V.A.C.S., supra, such extra help could not be paid for from the 

Officers' Salary Fund of the county. On the other hand if properly authorized by the conanissioners~ court under Article 3902, V.A.C.S., supra, such 

additional deputies, clerks and assistants would be entitled to be paid from 

the Officers' Salary Fund of your county. 

Very truly yours, 

ATTOEEEY GENE&U, OF TEEAS 

By /s/ Wm. J. Fanning 

Wm. J, Fanning, Assistant 

@PROVEDJUN 24, 19b3 

/s/ Grover Sellers 

FIBSTASSISTANTATTOBliEYGEEERAL 

&PlZOi'EDt OPINiON' C-TEE 

BP: BWB,.QIAIIWLN 

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