OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN

Honorable Payton Burke CountyAuditor Falls County Marlin, Texas

Dear Sir:

mant upon pinion of this dewto
s bssn received.

tor o? Falls County,

la 3902,Vsrnonfs Annotated Civil Statutes, reads In part as follows:

Whenever any distriot, county or precinct offiwr &all require the sarvioes of deputies, assistants or olerks in the performance of his duties ha shall apply to the County Commissioners'court 0r his oountg for authority to appoint suoh deputies,assistantsHonorable Pegton Burke, Page 2

or olerks, statingby swornapplication the number needed, the position to be filled and the amount to bepaid. Said application shall be aooompanled by a statement showing the probably:

receipt8 from fees, oommisslons and oompenss~tion

to be colleotedby said office during the fisoal year and the probable disbursementswhich shall inaludeall salaries and expensas of said office; and said oourt shallmake its order authorislng the appointmant of such deputies, aseletants and clerks and flx the oompensaticm to be paid themwithin the limitationsheeein prescribed and determine the number to be appointed as in~thedisoretlon of said oourt may be proper; provided tha.t in no case s&l1 the Commissioners'Court orany member thereof attempt to influence the appointment of any person as dsputp, assistant or clerk in any office. U on f the ontry of such order the officers app ying for suoh assistants, deputies ,orclerks shall be authorized to appoint them; provided that sald~aompensationahall not exceed the maximum amount herelnarter set out. The oompensatlonwhloh may be allowed to the drputies,assistants or clerksabove named ror their servioes shall be a reasonable one, not to exceed the following amounts:

".

. . "2. In oountieshaving a population of twenty-five thoueandand one (25,001)and not more than thirty-seventhousand, 'fivehundred' (27,500) inhabitants,rirst assistant or chief deputy not to exoeed Two Thousand Dollars ($2,000)per annump other assistants,deputias, or olerks nOt,to exaeed S6venteenHundred Dollars (41700)parannum each. Provided, however, that in all counties containinga population of not less than thirty thousand (30,000)nor more than thirty-seventhousand, five hundred (37,500),ac,cordlng to the lastHonorable Peyton Burke, Page 3

preceding Federal Census, and haveing a baluation In excess of Eighty-fiveMillion Dollars ($85,000,000),and in all Counties having an assessed valuation of not less than Twenty-sevenMillion,~FlveHundred Thousand Dollar8 ($27,500,000)nor more than Twenty-sevenMillion, Seven Hundred Thousand Dollars (#27,700,000),according to the last approved tax roll, and containing a population of not less than firtythree thousand, nine hundred (53,900) nor more than fifty-four thousand (54,000) acoording to the last preoe~ding Federal Census, four (4) deputies in the Tax Colleotor and Assessor(~8 Offloemay reoeive not to sxdeed Twenty-fourHundred Dollar8 (@4OO) per annwa eaoh, the ramalnder of the deputies in said office shall receive not exceed% SeventeenHundred Dollars (11700)p~ann~m each.

"..a."

We are Informed that Fall8 County doe8 not have y of theassessed valuationsmentioned in paragraph 2 of Artiole 3902, that wuld authorize q different oompnsation for deputies Of the tax assessor-oolleotor,other than that which ia provided for by the general provisions of the statute. It will be noted that Under the general provision of paragraph 2 of Artiole 3902 in all oountle8 having a population of 25,001 and not more than 37,500 inhabitante, the **first** assistant or ohief deputy shall reoeive oompensatlonnot to exoeed $2,000per annum and all other assistants,deputlee or clerks shall raoeive compensationnot to exoeed $1,700 per annum eaoh. There- :;;,” your qUe8tlOn ie respeotfullyan8wered in ths hega- *

vpaoannot assume from the faots stated In your letter that you have any reference to compnaation Of deputia8 of the tax assessor-colleotor **SerVhg** in branoh offloes, and t,iLsopinion Is not to be construedas touohing the same. **However,** In this OonnaCtiOnwe Oall yOUr attention to our opinions Doen O-1447 and O-834, copies.

,

Honorable Pefton Burka, Page 4

of whioh are snolosed ibr your inl%ImatiOn.

Trusting that the foregoing fully anewers your inquiry,we are Very trulyyours

ATTORNEY GENERAL OF TEXAS


## Br Ardell William8

Assistant

AW:GO

APPROVED FF,B12, 19&I. 8/ Gerald 0. Mann ATTORNEYGENERAL OFTEXAS