**OFFICE OF**  THE**AlTORNEYCSENERAL OF**  **TEXAS AUSTIN** 

Honorable John C. Merburger bounty Attorney, Fayette Couaty LI Grange, Texas

Deer Sirr

we eohowledge rece 1941, with atteo transfer of wage April 9, 194l, w tendent or Faye the a8algnor 1 triot8 0r Feye tb the r0ii0d ter dated April 25, an 'es8lgnment end Bsuleh Thompsonon hthe County Superinin your letter that oommoneohool dimur oplnlon in reaponae

.ebove question 16**entswered**in howshould ruoh payzm&s be made? sable 

## tomite oneVoucher in the teaoher's salary earned payable to end assignor or one to the assignee gnment end one to the earignor for the balanoe9

“3. Ii the iirst question ia answered in the arrirmative maythe County 3Up8rint8ndtsntrequire that the original asrlgnment be deposited with him berore he oen be held liable for iallure to meke payment in aooordanoe with the request of the aruignse?wHonoreblo JohnC. Marburger, peg0 2

Artiale 28834, Vernon’s Annotated Ststutea, enaated by the 46th Leglaletura, reeds, in part, as follows1

*Art. 26834. Assignment, transfer or pledge or compensation ot teaohera or aohool employees nYeotion 1. Deilnltlon-Teeoher end Sohool Baployee; Theterms ‘teaoher,’ end 'Bohool entployee,l within the pro~ialona of thlr hat shell be held enddeosd to embreoe and inolude anyperson employed by anyPublio Sohool System, Independent Sohool Diatrlot, or CommonSchool District, in this Stete’ln en exeoutive, admlnlatretive or ’ olerloal oepeolty, or as e superintendent, prfnolpal, teaoher, or instructor, end anyparson employed by auniversity, or oollego, 

### orother educetlonel institution in anexooutlve, adminiatretive or olericel oepaoity, or as 4professor, or 1natruotor, or in any similar oapaoity.

wee. 2. Anassignment, trenafer, ple?,ge, or similar Instrument exeodted by any teeoher or aohool amployse, wherein any aalery or wages, or any lntereat therein or part thereof, then due or rhioh ney beoom dueto auohteaaher or aohool employee under en existing contract cl employment, shall be vslld andenioraeable, provided that suoh assignment, transfer, or pledge be in writing end aoknowledqed in the samemenner

### es required ior the eoknowledgment oi tldeed or other instrument for registration, end provided further th&t if auoh instrument be executed by amrrfed person it shall also be exeouted and eoknowledged by his or her spouse in suoh manner. Suoh en assignment, trenaier, or pledge shall br valid only to the extent that the indebtedness secured thereby is avalid obligation. Anyaohool district; oollegr, university or other sduoetional Inati~Utlon County Sup2rlntendent, or eny disbursing agent there&m shall be quthorlsed to honor suoh haalgnment without being l

ubjeot to anylieblllty thereior to the teacher or aohool employer so ereouting auohaaaignment~ end any 

### sumpaid to any aaal~nee in aaoordenoe with the terms of any auoheaalgnnent shell be deemedto bo a peymant to or ror the eooount oi such teaaher or sohool employee; but auohassignment shall be valid and l ntoroeeble only to the extent of any 8alary 

### 291

### 292

Honorable JohnC. Ytirburger, page 3

whloh nay be due or maybecome due and eemed by suoh teaoher and l ehool employee during the oontlnuanoa of his or her emplopmentby auoh aohool diatrlot, oollege, university, or aducatlonal inatitutl0n.e

In OUTGpinion No. C-2141, dated April 8, 1940, we held that the ebove quoted statate olearly authorlzea a teeoher to eaalgn his or her salary In the mannertherein stipulated. We also held in the sameopinion that It la the right and duty ot tte employing diatrlot to honor auoh asalgnmenta whenthe sameare regularly ereouted snd duly presented by the erlrignee for payment.

Wehave also held In our Opinion No. o-2643, dated August 27, 1940, that enaeslgnmcnt authorized by hrtlole 2883a which la not notarized es required by statute *Is entirely 1nvelld.e

Aoosrding to the aopy of the assignment andtrnnsrer forwarded to us in your letter, the assignment in thia instanoe waanot *aoknowledged lo the samemanneras required for the BCknowledgement of a deed or other instrument or regletretlonw as required by titio1.e 288%. It this la true with relerence to the oriqlnsl aaslgnment it is our aonsldered opinion that ths aaaignment in question la invalid. Opinion Ho. O-2643.

For your lnformetlon andoonvenlenos weare enoloslng herewith a true end oorreot copy of our Opfnlon No. O-2141 end Opinion No. O-2643.

In response to your queatlon numberone, it is our opinion that aaslgnmenta of this nature, whenexeoirted-and aoknovledged in acoordanoo with tbo statutory prorlslona, are ralld andshould be reoognlzed by the oounty superintendent.

In reply to your second question, it 

### is our opinion that If would be edvlaabJo to stake papent to the esaignee end assignor by aeparata touohera, This, however, la nmetter that should be worked out by the oounty euperlntendent.Honorable John C. Marburger, page 4

In response to yo;rr third question, It is our opinion that the oounty superintendsnt tar the legal right to require that the original assignment be deposited with himbefore payment is madeto the assignee. Theduly andlegally l xeouted arsigamcat lr the only authority that the oounty superintendent has to make payment to anyone other than the assignor, an&we think good buaineas practioe requires that he insist oa the tiling with hilpof the original assignment before payment.is madeaooordlng to its term3 aad provleionr.

Trusting that wehare sufiiclently answered your inquiry, woare Yours very truly

ATTORNEY

--.--- :tiEN.MA.Ij XTTO:iY GE?iiRALOFTEXAS

Assistant