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**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN**  GROVER SELLERS AIIOIIN‘Y GCNERM.

Honorable L. W.Vance county Attorney Tltua County Box 207 Mt. Pleasant, Texas

near sir: 'opinion No. O-6730 Be: Whether ooapense

Weharr reoeired JO the above oaptioned matter, a8 rou0w8t

r0r YOU 0plni armor opiniona in e opinlon8 hare are three matters in theae opfnians.

**n paid**  **to** meby the COD ;Idling special matters

7, would thataean that count7 efiected thereb7would be allowed torefees up to ;jOOO.OO and l/3 of the excess, to erased ,i3750.007 In otherwords, would it

amount allowed underArtiale 38837 -Third, would sucha raise for 1945 ordered by the Court on July 1stmean that 8 totalmaximum of ;j?50.00 could be retaked thisyear 

### or only a total naxi.auzof ..jj7j.rJO?Or ,tiould each &if ;resr’s fees kve to SC:totaled cz: fi,urod sepratcl;?"iionoreble i.. Yi.Vanoe, page 2

Xc 

### enawerto your first quertion, weq.zote from an opinion rendered by Honorable Soott Gaines, First Aseiatant Attorney General of Texas, on January 2, 1935:

*Unless statute provldea for the county ettorney to represent the oountg in a olvil aotion, It 18 not the duty of the oounty attorney to do 00. In oaaee where the oounty attorney In required to represent the county andno ice lq preeoribed, then the oompenaatlon of the oounty attorney is the 8x oifioio oompenretlon that will be allowed under Article 3895, eroept 5.noaaea where a oertaln amount of money is reoovered, then his compensation Is thgt authorized byArtiole 335.

“In. oases where the law does not requlre oounty httorney to represent the oounty, the oompenration is thet whioh I8 agreed upon between the oounty attorney and the oomalssionerr* oourt just In the samemanner as If someother attorney had been~employed by the oountyIm TheAttorneya .Generel of Texas have oonslatently held that the’oounty attorney is entitled to reeeoneble oompeneation for aervioem performed for the countyvother than those **ser** vices required by law, and 

### saiduoompeneetion Ie a&reed upon between the oounty attorney and the ooinmls.a16nere1 oourt just In the 8ame**manner** a8 if come **other** attorney had been employed by the oounty.” Weal80 oall your attehtion to Attorneya General Opinions NOD.O-45, O-225, O-1040, 0-1796 O-3599, O-3656, O-4955, O-5263, 0-5306, O-5905, end O-6376, ooplea of whioh have already been mailed to you.

ln oonneotion with your seoond question;, we call your attention to our Opinion ?;o. 68 roii0w8: o-6592, whioh provid.eer,In part

*The maximumex-officio compensation which mey be allowed seld Sheriff is any sumwhich, whenadded to other compensation and excess fees allowed to be retained by himunder said Xrtlcles 3883 and 3891, does not cause such officer to reoeive a tote1 oompenration in exoess of Three Thousand Sevsn Eundredzoonorable L.W. Vanoe, peg6 4

oS oompensetionfrom eny 8ouroewhich 6 oounty officerOS Titus County ia allowed to retain cannot exoeed Three Thousend Seven nunarea end Fifty Dollar8 ($3.750.00) per year.

In oonneotion with your third question we 0611 your ettention to our Opinion No. O-6576, which reed8 in part 88 followrr

R



### .Any inorea8e 

### of fmleryfor the year 1945 must ;e*in the proportion a8 the balance of the year relate8 to the total annual lnorea86 that maybe made under raid Act. In other word@, IS

. . .the increase In oompensetlon f8 allOWed a8 OfJune let, then the lnorease for 1945 would be 7/12ths.

. . . The oompen8etlon for the month8 pessed oannot be inoreesed. "In oonneotion with the foregoing Wedlreot your attention to Art,689a-11, V. A. C. S,, whioh is In part a8 roiiowr: evWhenthe budget ha8 been finally approved by the Comml88ioner8* Court, the budget, a8 approved by tha court 8hall ba riba withthe Clerk of the county court, and taxe8~levled only in aooordenoe therewith, and no expenditure8 of the Sun48 OSthe oounty ~8hell thereafter be madeetoept in, 8,tri0t oompllenoe pith the budget ~a8adopted by~the court, zxoept that " emergency expendlturer, in oeee of grave,pub110 neoersity, to meet unueual and unforeseen 00nditi0n8 whioh 00ula not, by naaonably ailigent thought end attention, have been inoluded in the origin61 budget, mayfrom time to time 'be 6UthOrlz6d by the Court a8 amsndmentato the origin61 budget, **In all**  oaseswhere such amendments to the original **budget 18**  made, e cop7 of the order OS the Court emendingthe budget. shell be filed with theClerk of the County Court, end etteched to the budget originally edopted.(" Appl7inC the above quotation :oyour s~ciSi0 in<uir;-, you are advised that if the inoreese is ellowed es of July 1 194~5, then themeXi.m~ increase for thi8year Would **be** 6/li&. In otherwords, the maximum oom~ersetion thet any officer of TitusCounty could reteFn for 1945 would bej3375.00.iionoreble L. i'l. Venoe, p6G.e3

and Fifty Dollar8 ($3,750.00) per year. In no event, 00uld the fees 0s 0rri0e and 6x-orrioio compensetlon retained by him exceed themaximum of Three Thou8end Seven Hundred end Fifty Dollera (33,75C,Oo). In other Word@, the maximum amount OS oompen8etfon from any aouroewhioh he ir ellowed to retain onnnot exoeed Thne Thousand Seven Hundred andFifty Dollars ($3,750.00) 

### Peryeara (I

. . . "The 2% lnoreeae provided in senate Bill X0. 123 appllea to the maxhum oompensetlon allOW urider Artloles 3883 and 3891, V. A. 0. 3. Seotion 2 ofArtiole 3934 haa been repealedby Ofiid Sentite

Bill80. 123." Attorney General*@ Opinion No. 0-6597 read8 

### inpartau fOaOW81 'In view 0s the foregoing it **18** the~&nlon OS this depertment that Senate Bill No. 123, 

### wpra, euthorizer the Comwl88loner8~ CcKIrt, when in their judgment t&e finanoial OOnditiOE 0s the oounty end the need8 or the OffiO6rO **jU#%lfy** 

### thelnoreaae, to enter an order 

### reiaing the maximumoOmpen#etion allOw8d by lew to an amountnot to exceed 25$ of the **sum** allowed for the rlaOel year 0s ;r9U. In'other words it allow8 the Commlarlonerr* court to ralee by 2Yj the m8xlmua1amount or oomp8aaetlon from any aouroe which he 18 allowed to retain. The l/3 exoeea fees provided for byArtlole 3891 ere ln0luded in the meximum.
"Stated enctherway, no ohenS in thegisnnerend method of computing the tote1 feee end oompznsotion to be allowed such offioerswe8made by senate 3ill **Lo; 12.3,**  **but it**  only reised themeximun mount alloWed by 25." These oplnio~s ere epplioeble to thematters &boutwl;lok you inquire in y0'u.r seoond question,vend in no event could the fee8 of office end the ex-offiolo compensation reteined by him exoeed themaximum of ThreeThousand Seven aundredend Fifty Doller8 ($3,75O,OO).v In otherWord@, themaximum 6mOtUt&onorable L. **W.** Vadoi, page $

Wem#t that we have 8ati8faotorl4 

### l naw*red You inf@rler~ 

### Tour8 very tru4,

JCD1Lf t. 0. Davl@e rr* 

### A##i@t-t