OFFICE OF THE ATTORNEY GENERAL OFTEXAS
AUSTIN

3. Fredsaki 

### oouatg Auultar oalveston county Galveston,Texas**Ron.** I. Predeokl,Page e

der Article 3899, and the amount neoessaryto cover cost of premium on whatever suretybond may be requiredby law.
. . ." Artlole 3899 (a),Revlsed Civil Statutesof Texas, in part, reeds as follows:

*Expenseacoounts. - At the olose of eaoh month of his tenure of office eaoh officer named herein rho 18 oozmensateaon a fee besls shall make as part of the report now required by law, an dtemlzedend sworn statementof all the eotual end neoesaaryexpenses inourradby him in the oonduct of his office, suoh es stationery, stamps, telephone,premiumsmu offi0441 bonds, inoludingthe oost of surety bond8 for his deputies,eto.
. . .* ('Underaoorlng ours) Article 3699 (b),Revised Civil Statutes of Texas, in part, reads es follows:

?Eaoh otfioer named in thla Aat, nhc& **h6** raoelvee a salaryas aoacensationtoy his 6ervloee, shall be &powers& and permittedto purchaseand have charged to hia'oounty~&Ll ree6ouableexpense8neoessary in the proper end legel aonduet or his oftlae,preriume on 

### orriolal bonde, eto.
. . .* (Undersoorlng otrr6) It will be noted that Sectionb of Artlole 5899 of the RevisedCivil Statutes**of** Texe6, does not mme speaifioally

$hv offioersona salary **basis** who would be entitled to oharge the county for thr payment of the premltnjm

on their officialbond. It will be rurther noted that Seotionb of Artlole 3899 sp+a$fiaally nmit6 such right to *'Beah offioernamed in this Aot’
. Shoe Baohlonb fails to name euah orfioers, we, therefore, must look to Seotlon a, w-rein the follonfnglanguage is used; *At the close of esoh mmth of his tenura of offioe, eaoh offloer named herein who 16 oompenseted08 a fee basis

. l ." It will be noted that, suah Mfioers are not speolflcally

rimed in Seotlon a of Artiole 3899, hmever, we are OS the opluion that the tern. *herein*16 broader then the term *in this Aat* end that the term %ereiU" means, or rather,refers to **Ol ”** **ffoer8** who are ooaaenseted on a.fee basis who are referTed tb in the same e&Pter,Eon. I. Predeoki, Page 3

to wit: the fee offloers referred to in lutloles 3883 end 3891 or the Revt&ed Civil Statutes of Texas: Suoh orfioars are as follows:~ Vounty Judge, District or Criminal District Attorney, Sheriff, County Clerk, County Attorney, District Clerk. Tax Colleotor, Tax Assessor,Assessor end Colleotor of Taxes, Justice of the Peace, and Constable.' These ertlalee do not lnolude the.Coustg Treasurer.

We ere, therefore, of the opinion thet Artiole 9899 (a), Revised Civil Statutes of Texas, epplies to the offioers above named while they ere on the fee system anrithat Artiole 3899 (b{ applies to the officers above nemed while they ere on the 8elary system.

It Is the opinion of thla department that nUther of these eeotlons of Artiole 3899 of the Revised Civil Statutes of Texes epplies to the County Treasurer.

Thie department has repeatedly ruled that the Commissioners

Court doe8 not have the euthorltyto ey premiumson the.offlalalsuretybond of the County FrsaBIWC. See opinions Ho6. 9-m and O-902 of this departmqlt. %u am, therefore,respectfully advised **thet** it **ir** the opinion of thia depertnentthet QdveBton t?ollaty, T&66, nay not legally pay the premium on the Offielal bond of it8 County Treasurer.

Trusting that this ammews yoti lnqulryand with best regerd8, we ere
Yours very tray ATTORWEY QmRAL OF TWXAS

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