Honoreble Ta A. Crown

county Aubltor l4cIunnan county Yaco, Tcxaa Thla oplnioa Ovarrulec Oplnlaa co-283 opinionlo. 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 rcquertaa follows: 'Ill WVERT CoaTx TriEksm Is IRcAPAcITATED OR AccotmT OY Ixums SAID Im!E3arzmxxTOB%ExTgnru)OmSEPERAL~BuTAOT~ coum coumx TREASURRRlxRou~ 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 amendmentIn 1935 by &pate Bill 5 of the 44th Lcglnlaturc of Texas, Second CalledSceslon~‘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 limitedt% ~:,: right of appointment of dcputlcaand aaaiatanta to the offlcera named lnthcack, either nawddlrcotly in the act or referred to aa the officersnamed In the then prevailing raxlmum fee atetut+!, (Art. 3883, 3891, etc.). Innedlatcly prior to its amendmentIn 1935 by Scnatc Bill 5, above referredto, Article 3902, V. A. C. S., then read ln pait aa follovs:

ticnever any officernamed In Article 3883 ahall~~cqulrc the a&vices of deputicnor aaslc.tanta ln the performance

of hlq_, duties,

he may apply to the county commiaaionera’ court of hia ,'; county for authorityto appoint such deputleaor 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 receiptsand dla: bure~kmenta

of the office;and Bald aourt pay make IQI order a&& rlzing the appolntnent of aueh deputicaand fir the compensation to be paid them and &t-erminethe number to be appolntcd, provided that In no caac ahall raid cormn1salonera’ court or any member thereof attemptto lnflucnc+ the appointment

of any peraon 66 deputy orHonorable Tom A. Craven,ycge 2 (O-4454)

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

l wh dcputiw ahall ba authorlsad to appoint.thca

ir ncnr piovided by law, provldadthat 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 providesIn pert as follows:

%cc. 14. Article 3902,Revlaed Civil Statutes of Texas, 195, together

vlth all amendment.8 thereto la hereby amendedso a8 to hereafter

read as followa: "'Article

3902. Wheneverany district, countyor prcc&t officerehallrcgulrc the aervlccaof deputies, aaaiatanta

or clcrka In the pcrforxcnce

of his dutieahe shall apply to the County Commlasloncre'

Court of his county for authority to appoint

ouch deputlca, aaslatanta

or clerks,atatlngby worn appllcatlon the ntmbcrneeded, the poeltlonto be filled and the amount to be paid. Said application ahallbc accompanied by a atatcment

showingthe probabl& receipts from fees, commlaalona and compcnsatlon

to be collected

by aald office during the flacalyear 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 themwithin the llmltatlons

hereinpreacrlbcd

and determine

the number to be appointed aa In the dlacrctlon,of aaid courtmay 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 clerkaahall bc authorized to appointthem; providedthat sold compcnaatlon shall not exceed the maximumamounthereinafter set out. The compensation which m~y'bc allovedto the deputies, assistants

or clerks above named for their services

shall be a reasonable one, not to exceedthe 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: "Themaximgm compensation which may be allowedfor 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 cntlrclyclimlnated 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 opinionof thla department

that the CountyTreasurerof McLcnnan Countyvould have authority

to appointa deputy If the provisions of Article 3902, V. A. C. S. arc complied with. It la OUT furtheropinionthat such deputywould have authorityto slep varranta where the treasurer was authorized

to algn such warrants. OpinionNo. 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 APPROVEDM&R 10, 1942 /a/ GrooverSellers FlXTASSISTAKl' ATTORNEY-