Gerald C. Mann X-Y AUSTIN 11.-r~xaS

Hon. Fred Norris Opinion No. O-3132 County Auditor Re: Canacounty of 20,635 population, Polk County according to the 

### 1940Census be charged Livingston, Texas with commissions or fees for the county treasurer, and another related question7 Dear Sir: Your letter of February 5, 

### 1941,requesting an opinion of this department, later modified byyour recent letter of May 24, presents the following questions:

“1. Canacounty of 20635 population, according’to the 1940 Census, charge commissions or fees for the County Treasurer?

“2. Should the treasurer in the above mentionedCounty deposit his fees into the officer’s Salary Fund?Xehave restated your first question in the caption set forth above asweunderstand it.

Article 

### 3943,Vernon’s Annotated Civil Statutes, in part, provides:

“The commissions allowed to any county treasurer shall not exceed TwoThousand Dollars ($2000,00) annually; ***.I’

. . Section 13, Article 3912e, Vernon’s Annotated Civil Statutes, in part, provides:

“The Commissioners’ Court in counties having apopulation of twenty thousand (20,000) inhabitants or more, andless than one hundred andninety thousand (190,000) inhabitants according to the last preceding Federal Census, is hereby authorized and it shall be its duty to fix the salaries of all the following named officers, to-wit: sheriff, assessor and collector of taxes, county judge, county attorney, including criminal district attorneys and county attorneys whoperform the duties of districtHon. Fred Norris, page 2

attorneys, district clerk, county clerk, treasurer? hide and animal inspector. Each of said officers shall be paid in money anannual salary in twelve (12) equal installments of not less than the total sumearned as compensation by himin his official capacfty for the ffscal year 

### 1935>andnot more than the maximumamount allowed such officer under laws exfsting on August 24, 

### 1935;***." Section 

### 7,Article 3912e, Vernon’s Annotated Cfvil Statutes, reads, in part) as follows:

‘*All monies drawn from said Officers’ Salary Fund or funds shall be pafd out only onwarrants approved bythe county auditor in counties having a county auditor; otherwise all claims against said fund shall first have been audfted and approved bythe Commissioners’ Court of said county andthe monies shall be disbursed on such approved claims bywarrants drawn by the county treasurer on said fund.‘” Section 5, Article 3912e, of said statutes, in part, provides:

“It shall be the duty of all officers to charge and collect in the manner authorized by law all fees and commissions which are permitted bylaw to be assessed and collected for all official service performed by them. Asandwhen such fees are collected they shall be deposited in the Officers’ Salary Fund, or funds provided fn this Act. ****‘I Section 

### 3,of Article 391.2e, of said statutes, provldes:

“In all cases where the Commissioners’ Court shall have de.termined that county officers or precinct officers in such county shall be compensated for their services by the payment of anannual salary f neither the State of Texas nor any county shal be charged with or pay to any of the offfcers so compensated, anyfee or commission for the performance of any or all of the dutfes of their offices but such officers shall receive said salary in lieu of other fees, commissions or compensatfon. which they wouldHon. Fred Norris, page 

### 3

otherwise be authorized to retain; provided, however, that the assessor and collector of taxes shall continue to collect and retain for the benefit of the Officers! Salary Fundor funds hereinafter provided for all fees and commissions which he is authorized under law to collect; and it shall be his duty to account for andto pay all such monies received byhim into the fund created andprovided for under the provisions of this Act; provided further, th.t the provisions of this Section shall not affect the payment of costs in civil cases by the State but all such costs so paid shall be accounted for by the officers collecting the same, as they are required under the provisions of this Act to account for fees, commissions and costs collected from private parties." The county treasurer, being specifically namedin Section 13, Article 3912e, supra, the method of fixing the county treasurer's compensation formerly prescribed byArticle 

### 3941,Revised Civil Statutes, 1925, has been superseded bythe foregoing provisions of the Officers' Salary Lawas they apply to countfes of twenty thousand (20,000) inhabitants or more, Thelaw provides that acounty treasurer in such counties shall draw all warrants on the Officers" Salary Fund, which must be approved by the county auditor.

Relative to your first two questions, the foregoing statutes require the officers designated to deposit all fees and commissions collected for all official services performed bythem in the Officers' Salary Fund. Since they are prohibited from makfng any charge to the county9 such commissions as prescribed in Article 3941, Revised Civil Statutes, are no longer "permftted by law to be assessed and collected" as provided in Sectfon 

### 5,of ,Article 3912e, supra.

It is, therefore, the opinion of this department that your questions in the order presented should be answered in the following manner:

1. Question No. 1. is answered in the negatfve. 2. Commissions authorized by Article 3941, Revised Cfvil Statutes, 1925, can no longer be charged to the county in those counties with twenty thousand (20,000) inhabitants or more,Hon. Fred Norris, page 4

therefore are not to be deposited in the Officers8 Salary Fund. Yours very truly LTTORNEY

GENERfiOFTEXAS By/s/ Wm.J. R. King Wti.J. R. King, Assistant APPROVED

JUL

### 8,1941 Is/ Grover Sellers FIRST ~ASSISTtiT ATTORNEY GENERAL This opinion considered and approved in limited conferenceWJRK:RS:wb