OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Payton Burke 

County Auditor 

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, assistants 
Honorable Pegton Burke, Page 2 

or olerks, stating by sworn application the 

number needed, the position to be filled and 

the amount to be paid. Said application 

shall be aooompanled by a statement showing 

the probably: receipt8 from fees, oommisslons 

and oompenss~tion to be colleoted by said 

office during the fisoal year and the probable disbursements which shall inalude all 

salaries and expensas of said office; and 

said oourt shall make its order authorislng the appointmant of such deputies, aseletants and clerks and flx the oompensaticm 

to be paid them within the limitations heeein 

prescribed and determine the number to be 

appointed as in ~the disoretlon 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 ,or clerks shall be 

authorized to appoint them; provided that 

sald~aompensation ahall not exceed the 

maximum amount herelnarter set out. The 

oompensatlon whloh 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 oounties having a population of 

twenty-five thoueand and one (25,001) and not 

more than thirty-seven thousand, 'five hundred' 

(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 S6venteen Hundred 

Dollars (41700) parannum each. Provided, 

however, that in all counties containing a 

population of not less than thirty thousand 

(30,000) nor more than thirty-seven thousand, 

five hundred (37,500), ac,cordlng to the last 
Honorable Peyton Burke, Page 3 

preceding Federal Census, and haveing a 

baluation In excess of Eighty-five Million 

Dollars ($85,000,000), and in all Counties 

having an assessed valuation of not less 

than Twenty-seven Million,~Flve Hundred 

Thousand Dollar8 ($27,500,000) nor more 

than Twenty-seven Million, 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 Offloe may reoeive not to sxdeed Twenty-four Hundred 

Dollar8 (@4OO) per annwa eaoh, the ramalnder of the deputies in said office shall 

receive not exceed% Seventeen Hundred 

Dollars (11700) p~ann~m each. 

"..a." 

We are Informed that Fall8 County doe8 not have 

y of the assessed valuations mentioned 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 oompensatlon not to exoeed $2,000 per annum and 

all other assistants, deputlee or clerks shall raoeive 

compensation not to exoeed $1,700 per annum eaoh. There- 

:;;,” your qUe8tlOn ie respeotfully an8wered in ths hega- 

* 

vpa oannot 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,iLs opinion Is not to be construed as touohing the same. However, In this OonnaCtiOn we 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 truly yours 

ATTORNEY GENERAL OF TEXAS 

Br 

Ardell William8 

Assistant 

AW:GO 

APPROVED FF,B 12, 19&I. 

8/ Gerald 0. Mann 

ATTORNEYGENERAL OFTEXAS