OFFICE OF THE ATTORNEY GENERALOFTEXAS 

AUSTIN 

GROVER SELLERS, 

ATTORNEY GENERAL 

Honorable :;;. J. Tomsend 

couzlty Attorney 

Aogelina County 

Lufkin, Texas 

LIelear sir: 

raquesttig an op 

subject matter. 

of recent data 

bent on the above 

etati tha Sees aarAsd 

In which the county 

Art1019 39128, Vernon*s Annotated 

vides in part aa follows: 

x$~~&;ersl Court of eaoh county In 

at its first regular fneating in JiiAUary of &ch calandar year, Shall, 

~. by. order made and entered ln the ninutes of said 

.court, deternine whether precinot officers of 

suoh county (arcapt publio weighers and registrars of vital stetistfos) shall be compensated 

on a salary basis as provided for in this Act, 

,’ 

757 
..JL. z:. J. Townsend 8 pa@ 2 

or -whhsther they ohall receive as their cozqensatioa, 3uch fees of office as my be earned by thea: 

Y,thz perfomance of the duties of their officss, 

Sec. 3 of Art. 3912e, 7. A. c. ii., is a3 foJ-ims: 

758 

*In all case3 where the C0zi~i3aioners~ Sowt 

shell have detemlmd that county oflicers cz preoinct officers III euch county shell be cozpersated 

for their service3 by the cement of au ahmol 

salezy, nuithz; the Stat& 3f-Tesaa fior any co;lr,tp 

shall be chargea wltc or pay to say or t ilti 0-i iC3r3 

90 conpwisatea, ELY r’se or coi7.~Ao3~~3 for ‘it3 priV&ian~e or any or ail 01’ it& c!:uties OS xrldlr 

ofr~ceo out aitoi; osricer3 anau r3colve YS~:. 3ulary 

n llL3U Oi &Id OcZh?r 1333, COnrsi 9s I on3 or cozqwflation which they V.~LU! stkmvise be euthorized to 

retain; providkd, homver, that ths ssse3sor snd 

collector of taxes 3hal.11 c;mthxe- to collect 3cd 

mtaitl :or the benefit of~'tho Wficorsl salary 

Bund or fuhds hsrainafter provided for nll:feea 

and com.bsio&a which he is authorized wider iev 

to collsct; 9ka it shall bs hi3 duty to accollrt 

Sor aA to pay all such zoniss received by Nz 

into the fund or-eat& and provided for under tha 

provisioh3,of this Aot; provided further, that the 

provleiuna oA e.tiris 5ectlo3 3haU not afSect the 

pa-t of cants In oivil oases by the State but 

all such costs 30 paid shall ba eccourrted for by 

the officers collecting the sauce, as they are ” 

rec;uFraZ: uhder the provisions of this Act to 

aocouot f~or fees, com.i.a3ion3 end costs collsoted 

from private partietr." ('Jnderscoriug our3) 

Sea. 3.0s Art. 35133, 3upra, prohibits the k5Zt.e or 

: Cour;ty fro= _=~ying any ret3 to ofr'icurs conpensstad 33. 3 

i 

/ 

3akry basis and stetes that the s8lery of such,oSticer Shall 

be in lieu of aii fees, oormisoiorsor co~qmnsatio~~ which they 

: would otherwiase authorized to rsteti., 
‘759 

iiOn. ii. 5. Touaaend, Pace 3 

Sec.,4 of Said article states that iri counties containing a population of less than one hundred and nimty thousand 

(190,000) inhabitants aheroin the county or preoinct officers 

are coupenseted on a salary besis, there shall be oreated a 

fund to be known as the UffiCarS' salary Fund." 

sec. 5 proviaeaz 

*It shall be the duty of all offioera to 

ahnrge and oolleot in the manner authorized by 

law all fees and comi9siOQs which are peruitted 

by lew to be assessed and collected for all 

offioial servloe performed by them. As sad Men 

such Seas are collected they shell be deposited 

in the Offioersc Selary FLCd, or funds provided 

in this Act.” 

Vje therefore answer your queatios in the negative. 

Youra very truly, 

p----q~ 1 

J. C, Savi5, Jr. 

Aasistent