OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Hon. I?. c. Y~ilSOrl 

County Auditor 

Gray CountY 

Psmpa, Texaa 

Dear Sir: 

opinion Bo.: 

Be: l;hat is the co$uns.ation~.,.of a Distriat ,,Glgrk Pro 

undeythe'provi sions 

Your request for(opifiion 

lsg9 /' ,";- \\ 

upon 

c l T? 

tion has been reoeived by this dep 6t 

he above stated ques- 

; ,...7 

Statutes of Texae, reads 

' 

clerk in the particular suit, motion or proaeedirg In which he may be appointed.* 

The term “Pro Ternpore" is defined in 50 Corpus Juris, 

page 417, as follows: 

provisionally,~' 

"For the time being; temporaril;r; 
Hon. 8. C. ‘:ri!_son, Page 2 

Artiole 1896, R. C. S, of Texas, supra, provides 

that the District Clerk Pro Tempore take an oath and enter 

into.bond for the faithful performance of his duties under 

such appointment, and that suah appointee shall perform each 

duty required by law of the clerk in the particular suit, 

motion or proceeding in whioh he may be entitled. _ 

We are therefore of the opinion that a Distriot 

Clerk Pro Ternpore. although his tenure is temporary and 

provisional under Artlale 1890, Revised 01~11 Statutes, 

nevertheless is a Distriot Clerk, and is entitled to the 

compensation allowed by law to Distriat Clerks. 

Your question, apparently, hss never been passed 

on either by the courts or by,this deRgrtment, however,: 

opinion No. O-722 of this department passes upon a question, 

analogous in some respeats. 

Opinion No. O-722, holds that in a oounty where 

the county offioers are oompensated on a salary basis, that 

a speoial oounty judge whether serving in a general oapaoity 

or ina probate aapaoitg only should be compensated on the 

following basis: the annual salary of the judge of the 

county court divided by 565 and the quotient multiplied by 

the number of days aotuslly served by au?.& ,qeoihl judge. 

Then opinion further held that this compensation should be 

paid from the Officers* Salary Fund of the county. We enclose, herewith, a copy of opinion No. O-722 of this department . 

You are respeottully advised that it is the opinion of this department, that in aounties where the District 

Clerk is ooiapensated on a salary basis under the Offioers* 

Salary Law, the Pro Tempore Distriot Clerk appointed under 

the provisions of Article 1896, Revised Civil Statutes of 

Texas, should be compensated on the following basis: the 

annual salary of the District Clerk should be divided by 

365 and the quotient multiplied b,r the number of days 

actually served by such Pro Tempore Distriot Clerk. This 

compsnsation should be paid to the Pro Tempore District 

Clerk from the Offioers' Salary Bund. All fees and monies 

collected by the Fro Tempore District Clerk by virtue of 

his appointment and duties .sho:ild be paid into the Officers' 

Salary Fund of the county. 

you are further respeotfullp advised, that it is 

the opinion of this department, thst in counties where the 
Hon. 2. C. ?3lson, Page 3 

District Clerk is oompensated on a fse basis, the Pro Tempore 

Distriot Clerk, would be entitled to colleot, and retain as 

his oompansation, all fees, aosts and oommissions earned by 

him as Pro Tempora Distriot Clerk, in eaah oause, aase or 

proceeding in which he served or participated. The fees, 

aosts and commissions allowed him would be the same as 

legally allowed to the Distrlot Clerk for the same or similar 

setices in other similar oause8 or prooeedings. 

Trusting that this answers yo& inquiry, we are 

Very truly yours 

ATTORNEY GXNERAL bB TEXAS 

Km.J-y':ob 

Ym. J. Fanning 

Assistant 

APPHOVEU