### TEIEATTORNEY GENERAL OF-TEXAS

Honorable G.C. Olsen CountyAttorney Winkler Coufitg Kermit, Texas
Dear Sir: OpinionNo. 

### O-6386' Re: Legality of paying the premlums on the bonds of county commissioners, county auditors and county treasurer ofWlnkler County, out of Officers' Salary

### Fund, and reimbursement for premium paid in prior year.
Your letter of January 

### 15, 1945, requesting an opinion of thisDepartment on the questions stated therein reads in part as follows:

"(1) According to the 1940Federal census Wlnkler County had a population of 

### 6,141. "(2) The 1944 accrued tax roll showsWinkler County,Texas, has a valuation of 

### $20,819,098. "(3) During the year 1945 and during the prior years that will be involved in this opinion, the county and precinct officials ofWinkler County, Texas, have been on a salarybasis, such ordersputting them on a salarybasis having been duly and properly and timely passed by the Commissioners Court ofWinkler County,Texas. "(4)'The premiums on the bonds for all other county and precinct officials other than the county commissioners,county auditor, and county treasurer have been allowed and ordered paid by the said commissioners court, and such payment has been made by the county auditor out of the Officers' Salary Fund. 

### "(5) During that sameperiod of time when the above mentioned premiums on the bonds of the above mentIoned officerswere paid, the bona premium of the county commissioners,county auditor, and county treasurerwere not 

### paid.Honorable G. C, Olsen, page 2 

### o-6386

"Youropinion Is requested as to the legality of paying the premiums on the bonds of such said county commissloners,county auditor, and county treasurer out of the Officers' SalaryFund, and %f it is legal to make such payment, can such paymentsnow be made for those years Inwhich such bond premiumswere not paid?
"It is my opinion that if it is legal to pay such said bona premiums, now, itwas legal to pay them ever since the law authorizing and permitting such paymentwas passed and made effective." The facts show that your County comesunder Article 

### 3899 (b)as being one inwhich all of the officers are paid on the salarybasis,

Article 

### 3899 (b),Vernon's Annotated Civil Statutes, provides in part as follows:

"Each officernamed In thisAct, where he receives a salary as compensation for his services, shallbe entitled and permitted to purchase or charge to his county all reasonable expensesnecessary in the proper and legal conduct of his office, premiums on officialbonds, premiums on fire, burglary, theft, robbery insuranceprotecting public funds, and including the cost of surety bonds for his deputies, provided that expenses Incurred for premiums on official bonds for the county treasurer, county auditor, county **road** commissioners,county school superintendent,and the hide and animal inspector, including the cost of suretybonds for any deputies of any such officers, may be also included,and such expenses to be passed on, predeterminedand allowed in the **time** and amount, as nearly as possible,by the commissioners'court once each month for the ensuingmonths,upon the application by each officer, stating the klna, probable amount of expenditureand the necessity for the expenses of his office for such ensuingmonths,whfch application shall,before presentation to said court, first be endorsedby the county auditor, if any, otherwise the countg~ treasurer, only as to whether funds are available for payment of such expenses. 0 aAll such approved clafms and accounts shall be pald from the Officers' Salary Fund unless otherwise provided herein." The officersnamed in your letter are distinctly set out as being entitled to have the premiums paid as to their officialHonorable G, C, Olsen, page 

### 3 O-6386

bonds, the procedurenecessary to be followed and the funds from which these expenses shallbe paid,

With reference to your second question in regard to the legality of refmbursement for premiums paid in prior years,we wish to call your attention to'OpinionNo. O-5035 In which it was heldby thisDepartment that the county officialsmust comply with the provisions of Article 3899,V.A.C.S., by presenting their applications to the Commissioners'Court endorsedby the CountyAuditor as to whether fundswere available in the Officers' Salary Fund for payment of such expenses, stating the kind, probable amount of expendituresand the necessity for expenses for bond premiums paid by said county officials. Unless 'saidcounty offfcials compliedwith the provisions of the statute as heretoforementfoned, it is our opinion that the county cannot legally reimburse the county officials for bond premiums paid by them.

Itwill be also noted that ordinarily,bona premiums as mentioned in the statutesare paid in advance covering a~'perlod of one year and further in this connection the statutemakes-no provisions for a refund or reimbursement for bona premiums paid by said county officials.

Therefore, it is the opinion of thisDepartment that the county could legally pay the premiums on officialbonds but could not reimburse the officials for premiums paid in the prior years. Yours very truly
ATTORNEY GENERAL OF TEXAS

By s/John C. Knorpp John C. Knorpp Assistant JCKrfo:we
APPROVED JAN 

### 25, 1945 s/Carlos C, Ashley FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion CommIttee by s/BWB Chairman