Honoreble Ta A. Crown 

county Aubltor 

l4cIunnan county 

Yaco, Tcxaa 

Thla oplnioa 

Ovarrulec Oplnlaa 

co-283 

opinion lo. o-4454 

Dear:Sii: 

Re: Appolntmcnt of deputy for 

county treaaurcr. 

Tour requaat for opinion haa been received and oarcfully conaldcrcd by this department. Ye quote from your rcquert aa follows: 

'Ill WVERT CoaTx TriEksm Is IRcAPAcITATED OR AccotmT OY Ixums SAID 

Im!E3arzmxxTOB%ExTgnru)OmSEPERAL~BuTAOT~ 

coum coumx TREASURRR lxRou~ PRocmmEuRxRTEIRTYliIuEliooGRT 

TYO~~~ISEdPWIfiDEPIlTPTOllCTIBCLmlIllGSI~G~W~ 

QUESTIOXNAFUCTRUSURXftISMEBTALIXSOUND" 

We have carefully traced the Lcgl&k.lvc hlatory of Article 

3902;~Vdmnon*r Annotcted Tcxaa Civil Statutes, and from that iqveatlgaltlon vc have forold that prior to its amendment In 1935 by &pate 

Bill 5 of the 44th Lcglnlaturc of Texas, Second Called Sceslon~‘khe 

artlalc, and all of It6 amcntits from 189i' to 1935, did not apply 

to the county trcaaurcr, aa each and all of aald acta limited t% ~:,: 

right of appointment of dcputlca and aaaiatanta to the offlcera 

named lnthcack, either nawddlrcotly in the act or referred to 

aa the officers named In the then prevailing raxlmum fee atetut+!, 

(Art. 3883, 3891, etc.). Innedlatcly prior to its amendment In 1935 

by Scnatc Bill 5, above referred to, Article 3902, V. A. C. S., then 

read ln pait aa follovs: 

ticnever any officer named In Article 3883 ahall~~cqulrc 

the a&vices of deputicn or aaslc.tanta ln the performance of hlq_, 

duties, he may apply to the county commiaaionera’ court of hia ,'; 

county for authority to appoint such deputlea or aaalatants, setting out by aworn application the number needed, the position aought 

to be filled, and the amount to be paid. Said application shall bc 

accompanied by a l tstcment ahovlng the probable receipts and dla: 

bure~kmenta of the office; and Bald aourt pay make IQI order a&& 

rlzing the appolntnent of aueh deputica and fir the compensation 

to be paid them and &t-ermine the number to be appolntcd, provided 

that In no caac ahall raid cormn1salonera’ court or any member thereof 

attempt to lnflucnc+ the appointment of any peraon 66 deputy or 
Honorable Tom A. Craven, ycge 2 (O-4454) 

. . 

l arirtat in any OffiCe. Upon tha entry o f l uah order, tha offlcara 

applying for l wh dcputiw ahall ba authorlsad to appoint .thca ir 

ncnr piovided by law, provldad that arid ompcnaatlon ahell not CIcoed the maxlmm l mountc hcrclnaftcr act out." 

. 

Thus we act at the time the above quoted l tatutc woo in 

off&t, the comty trcaaurcr woo not authorized to hare a deputy 

or aaeletant, he not being one of the officcra named lo Artlclc 

3883, V. A. C. 9. 

Article 3902, R. C. S., of 1925, and all amcndmcnta 

thereto, wan amended by aald Senate Bill>. Section 14 of iaid 

Senate Bill 5 provides In pert as follows: 

%cc. 14. Article 3902, Revlaed Civil Statutes of Texas, 

195, together vlth all amendment.8 thereto la hereby amended so a8 

to hereafter read as followa: 

"'Article 3902. Whenever any district, county or prcc&t 

officer ehallrcgulrc the aervlcca of deputies, aaaiatanta or clcrka 

In the pcrforxcnce of his dutiea he shall apply to the County Commlasloncre' Court of his county for authority to appoint ouch deputlca, 

aaslatanta or clerks, atatlng by worn appllcatlon the ntmbcr needed, 

the poeltlon to be filled and the amount to be paid. Said application 

ahallbc accompanied by a atatcment showing the probabl& receipts 

from fees, commlaalona and compcnsatlon to be collected by aald office 

during the flacal year and the probable dlcburscmantn vhlch shall 

include all salaries and expenses of said office; and said hourt shall 

make Its or&r authorizing the appointment of such dcputlea, asalatanta 

and clerks and fix the compensation to be paid them within the llmltatlons herein preacrlbcd and determine the number to be appointed 

aa In the dlacrctlon,of aaid court may be proper; provided that ln no 

case shall the C~lsslonerc' Court or any mcmbcr thereof attempt 

to Influence the appointmcnt of any person aa deputy,'aaalstant or 

clerk In any offtcc. Upon the cntry'of auoh order the officers 

applying for ouch aaslstantc, deputies or clerka ahall bc authorized 

to appoint them; provided that sold compcnaatlon shall not exceed the 

maximum amount hereinafter set out. The compensation which m~y'bc 

alloved to the deputies, assistants or clerks above named for their 

services shall be a reasonable one, not to exceed the following 

amounts: . . .v 

(The act sets the llmitationa on salaries according to 

different population brackets.) 

The provision of Article :.:XY, V. A. C. S. prior to the 

1935 amendment, as follows: 

"The maximgm compensation which may be allowed for deputies 
, . 

.i - 

Boaorable Tan A. Craven, page 3 (O-4454) 

or aasirtanta to the offloan named In said Article 3883 for iiMp 

services;shall be aa r0ih0, to-wit:. . ." 

was cntlrcly climlnated fromSectIon 14 of Senate Bill 5. 

Article 3902, aa amended, authorizes the appointment of 

deputlcs, asilstanth and clerks for district, county and precinct 

officers. There can be no question but what the county treasurer 

is a county officer. 

You arc rcepectfully advised that It la the opinion of thla 

department that the County Treasurer of McLcnnan County vould have 

authority to appoint a deputy If the provisions of Article 3902, 

V. A. C. S. arc complied with. It la OUT further opinion that such 

deputy would have authority to slep varranta where the treasurer was 

authorized to algn such warrants. 

Opinion No. o-283 of thia department Is overruled Insofar 

as It conflicts vlth this opinion. 

Very truly your6 

ATTOFlNEXQ2JERALOFTEXAS 

By /s/Wm. 3. Panning 

Wm. J. Fanning 

Assistant 

APPROVED M&R 10, 1942 

/a/ Groover Sellers 

FlXTASSISTAKl' 

ATTORNEY-