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OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Janunry 27, 1939 

Hon. Thomas L. Rlanton, Jr. 

County Attorney 

Shackelford~County 

Albany, Texas !\ 

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Dear Sir: ,/' 

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Opinioli x0. 0-6s. y -,\ "..\ 

Re: In S!laokolford County: ",. ) 

(1) Isit legal, for county to'Say 

sianogrsphar,for County J&a 

,Tro31 General PUnd? 

(2) 3ow may deputlos, assistants, 

e,to. of Sheriff*s and Clerk's 

offices be ;laid? 

~~kii3 tit?purt:atnt ackroxledge& receipt 

ter of Janucrg 6th , T:<hiah raises the questions 

and reqtieSt.8 onr,cpinion thereon. 

or 7our letstated above, 

Vr::ith raferenoe to the:tirst question, you are respeotrully~.referred tothe provisions of Article 3891, R. c. 

S ., asemendod. ,,I' In partit provides: 

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/ ,I' '%&~.Officer named in this ohanter shall 

i rirst out/o&the current fees of his-offloe pay 

‘x,~or%be paid the.~amount allowed him under the pro- 

-visions of ilrtiole 3883, together with the Salariesof his assistants and deputies, and nuthorized..expenses'under Artiole 3899, and the amount 

necessary to cover oosts or premium on whatever 

surety bond may be requlrod by law. If the ourrent recs of such Office collected in eny year 

be more than the amount needed to pay the amounts 

above speoificd, same shall be deemed exoess fees 

and shall be disposed of in the manner herelnaitei* 

provided." 

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In addition, you are referred to Artiole 3899, R. C. 
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Hon. Thomas L. Blanton, Jr., January 27, 1939, Page 2 

S ., amanded, relating to monthly expense accounts, reading 

in part as roilons: 

The amount of such expenses, together with 

the amount or salaries paid to assistants, deputies and olerks shall be paid out of the fees 

earned by suoh orrloer.* 

There are two olearly defined provisions of the 

statutes oontsined In Title 61 of the Revised Civil Statutes, 

one applicable to counties wherein officers are compensated 

on a fee basis, the other where oompensation is provided under the salary syotem. From inquiry :nade to tha Comptroller, 

we are advised that ijhaokelford Ccunty is a "fen" county 

with a population of 6,695 and property valuation of 

$6,842,790. 

:'here is,' in view of the statutes quoted above 

general law authorizing the pmployment of a stenographer'f~~ 

the oounty judge and payment of salary rron the general fund. 

If there is any special law applicable to Shaokelford County, 

or those oovnties felling within a populetion or property 

valuation bracket which vould apply to Shackelford County, 

ye are unabla to find it. 

1 

You are, therefore, advised that there is no legal 

authority for payment of the county judge's stenographer from 

the general fund. 

The supplemental letter opinion written you on 

Deoember 21, 1938 by hssfstant Attorney General Be S. Gray 

is withdrawn, and speolfically overruled. 

Xith reference to salaries of deputies, assistants, 

eto. of the sheriff's and alerk's offices, it is our opinion 

the provisions of Artlolas 3891 and 3a99,supra.likewise apply 

and their oompensation must be derived from fees Of the of- \ 

ri0ss. 

'l/e have your inquiries for oplnlons relative to 

transfers of oertaln funds enumerated in your other letters 

dated January 6th. :J;'e beg to advise that the complicated 

questions therein raised nre reoelving our consideration and 
F-- .<

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Hon. Thomas L. Blanton, Jr., January 27, 1939, page 3 

will be answered at the aarlle,st possible time wa oan digest 

the authorities and reaoh OUT oonol~~lon~ 

Very truly yours