,

March 20, 1947

Hon. Royce Whitten CountyAttorney LsmarCounty Paris, Texas

Dear Mr, Whitten: Opinion No. V-92
Re: Authority of the Commlssioners’ Court to determine sheriff Is bond and pay premiums on official bonds of sheriff

’s deputies in salary counties 0
Your recent request for an opinion of this Department reads as follows:

“Please advise meas to whether or not the County Auditor or Commissioners’ Court has authority to set the amountof the Sheriff andhis deputies official bonds.

‘I call your attention to excerpt of your DspartmsntSs Opinion No. o-5110, To: RayWinder, CountyAttorney, Cooke County; Date, February 18, 1943. This doesn’t answer myquestlon In that said excerpt reads in part that the Sheriff mayrequire his deputies to execute surety bonds but myinquiry Is whensuch Sheriff requires his three riding deputles 0 Chief Deputy and DayJailer to makebonds In the sumof $5000.00 each, his Right Jailer, $1000.00, together with his ownin the amount of $12,000, what right, If any, does the County Auditor and/or Commissioners’ Court have to refuse paying such premium?”
Article 6866, R. C. 3. of, Texas, provides in part as follows:

,~ ‘Qvery’ person elected to the office of sheriff shall, before entering uponthe duties of his office
, give a bond with two or more good and sufficient sureties, to be approved by the Commissioners’ Court of his county, or suoh sumas maybe directed by such court, not less than $5000.00 nor more than $30,000.00,Hon.”Royce Whltten, Page 2, V-92

payable to the Governor andhis successors in office, conditioned that he will account for andpay over to the persons authorized by law to receive the same, all fines, forfeitures and penalties that he maycollect for,,the use of the State or any county

. .

. s Article 6870, Revise& Civil 3tatutes of Texas provides as follows:

“Sheriffs shall be respoaslble for the official acts of their deputies, and they shall have power to require from their deputies bond and security; and they shall have the samsremedies against their deputies and sureties as any person y,anhave against a sheriff andhis sureties. B;rvirtue of the above authorities, the Commissioners’ Court shall approve the bond of the sheriff in anamountnot less than $5000.00 nor morethan $30, 000.00, to be determined by the Commissioners' Court. Further, the sheriff shall have the power to require bonds of deputies, and If such power is exercised, it Is the opinion of this department that the authority to determine the amountof the bond la vested in the sheriff.
Section (b), Article 3899, V. C. S., reads ln part as follows:

‘*aoh officer uamsdin this Act, where he receives a srJ.ary aa comtnsatloa for his services, shall be entitled andpermitted to purchase or charge to his county all reasonable expenses necessary in the proper and legal coaduot of his offlce, premiums on of- ficlals’ bonds, premiums on fire, burglary, theft, robbery Insurance protecting public funds, and including the cost of surety bonds for his deputies, provided that expenses lncurred for premiums on officials’ bonds for the county treasurer, county auditor, county road commissioners, county school superintendent, and the hide andanimal Inspector, including the cost of surety bonds for any deputlee of any such officers, lgaybe also,

H&a.Royce Uhltten, Page3, v-92.

included, and such expenses to bs passed on,~ predetermined aad allowed la the tlms’and amount, as ne,arly as possible, by the Couanlsslonersl Court once each month for the ensuing month, uponthe application by each of- ’ricer, stating the kind, probable, amountof expenditure andthe necessity for the expenses 0rhis office for suoh ensuing month, which application shall, before presentation to said court, first be endorsed by the county auditor, if any, otherwise the county treasurer, only as to whether funds are available for pegmeat 0r suohexpenses. ” All such approved claims and 

# l ocounti &hali be paid from the Officers Salary,Fund unless othervlse provlde’d herein.”
Article 3899, supra, was amnded b Senate Bill Ilo. 270, Acts of the Regular Session of the t5th Legislature, to provide for the payment of surety bonds for the deputies of those officers receiving a salary as compensation for their services. Bya subsequsnt amendment Iu 1941 by House Bill 524, Acts or the Regular Session of the 47th Legislature, Article 3899 was further amended to provide that the premiums oneofficial bonds for county treasurers, county auditors, county road commlssioners,~ county school superintendents, andhide and animal lnspecters andtheir deputies should be paid from county funds and In so doing provided further “that if any of thd officers so designated are on a salary rather than a fee basis, then all such bond premiums for officers andtheir depukles shall be paid from the General Fund of the county. Therefore, it will be seen that Section (b) of Artlole 3899 would be applicable to Tour county inasmuch as LamarCountyhas a population In excess of 20,000 inhabitants accorditig to the 1940Federal Census and must be compensated ona salary basis. v. c. 9.) (Art.~39120,

In **oodformlty** with the **statute abok**  quoted, it will be noted that the Commissioners8 Court is only authorieed to pay “all reasouable expense8 necessary.” While it maybe oontendad that the cost of offfolal bonds for deputies may0~17be paid If they are required by law to exeoute such bonds, aevertlreless, the statute evidences, at least by implication, a legislative Intent that the coat for official bonds for deputies shall be paid, If,Hon. Royce Whltten, Page 4, V-92

the sameis a reasonable andnecessary expense. More- over, Article 6870, supra, authorizes a sheriff to require abond of his deputies at his option and dlscretion, (Attorney General Opinion No. o-5110, deted Februrary 18, 1943) and if such a bond Is required, it 1s the opinion of this Department that the cost of such official bond for a deputy is an authorized expenditure to be paid from the Officers ISalary Fundof your county upona finding of the Commissioners1 Court that the samsis a reasonable bond and anecessary expense.

Therefore, it is the opinion of this Departmsnt that vhen the county officials of a county are compensated on an annual salary basis, the premiums on the bonds of said offleers and their deputies must be paid by the county as authorized by Section (b) of Article 3899, V. C. S., from the Orfloers’ Salary Fund of said county.

Weare horewlth enclosing for you lnformatfon a copy of Opinion No. o-5055, written by this Department onJanuary 29, 1943, which holds that bond pl?emiumsfor certain namedcounty officials andtheir deputies in counties operat lag on a salary basis should be paid out of the Officers ISalary Fundof the county.

- 1. The amount of t,heofflclal bond for a sheriff is determined by the Commissioners1 Court, and the amountof the official bond for
a sheriff Is de iff. (Arts. 6iuty is determined by the sher66and 6870, R1C. 9.)
2. The cost of official bonds of a sheriff andhis deputies, compensated on a salary basla, is an authorized expendlt ure, allowable by the Commissioners fCourt from the Officers’ Salary Fund.

BU:d jm:wB:mrj &cl; Assistant