Hon. Charles H. Thsobald, 

County Attorney, 

Galveston, Texas. 

Dear Xi-. Theobald: 

opinion 30. 

Rs: Appoint 

Your letter of December 28, 19319, kklressed 

to Attorney General i’il~lla6”%f,kaw, has beea referred 

or this CountY have beiore then the 

question of th'enumber or deputies which 

the .d?mifr or .%.lveston County is entitiedA.o apsoiat 'x?itb,their approval. 

?~lvestoa, Cowlty, aOOotdin3 to the last 

Onited States Census, contains a pqmlaone of WWI!I is 

t5e qifioe deputy and handles the acoounts 

in the Sherifrfs ofrioe and the other 

--'the county oourt and, in addition to 

that, they serve the processes in olvil 

and oriminal onses, as well as summons 

the jurors for the oourts, Including 

special vcnires in onpitnl osaes and. 

in raot, all the duties of the Sheriff, 

and naturally they are always crowded ior 

time. 

,’ 

, 

‘Ty purpose in writing you Is to ask 

. 

. 
37 

. 

_lon. Charles H. Theobald, 

January 5, 1939. 

if Article 6809 of Vernon's Annotated 

Civil statutes (pooket) is still in 

effeot in that it limits the number 

of deputies to be appointed by the 

Sheriff in any one aounty to not exceeding three in the justice preoinot 

in zhloh is located the, County Seat 

and one in each Justice Preoinct. The 

reason *or my dirriouity in determining 

if the said statute is still in eifsot 

is thnt at that time the Sheriff W&S 

vJ0rkin.y entirely on a fee basis and 

no3 he, as well as other officials 

of this county, work on a salary basis. 

J "Article 39'02, Vernon's Annotated 

$ivil statutes, (pocket) AotS of the 

45th Lcgislnturz, 2nd Coiled 5esaion, 

senate ijill "10, section. $1, provides 

for the aqo T ntaent cf deputies by 

county offioials. You will sotc that 

the first ;?aru,sraph Thereof provides 

that, ~&on any dlzztriot, oounty 01 

;reoinct off?c::r shall re?uirt: the 

services 0P deputies, at;sistnnts or 

olcrks In the performanoe of his duties 

ha shall apply to the County Comnl~sioners' Court of his oounty for authority 

to appoint suoh deputies, assistants or 

clerks; then follows the re0glrements 

cf the applioation. It would seem that 

under Artiole 3902 the 5herifr of this 

county, having a population of 64,401, 

(20a. 4) is entitled to a first assistant 

or ahief deputy and other assistants, 

deputies or clerks, the salaries being 

named. 

"In view or the forer;oin.y, it ooours 

to me that the Sherirr of this Tounty is 

nnt ll-nited to the three deputies at the 

Count :' ssat snd 028 in conch justlce presinct, but tbnt he may meke :3nplization 

to t?.e Cc:~nis3ioners' ':ourt in tl1.3 form, 

settin; out t?a number of ic!putlcs, ussistaut3 or clerks th<lt he requires for the 

performance of the duties of his offloe, 

_.i . 
38 

nanin< the salariee to be paid them, 

of course within the limitaticn prcse:ibcd by lsw; and then, the Commlssicners' Court, aoting within its di~oratlon, 

say determine the number to be appointed as 

to the Court may appear proper.". 

You ara respectfully advised that it isthe 

opinion of this department that you are oorraot in 

your oonslusion of law as to the above question. 

The depsrtaont is not in possession of any 

Jefinite decision ntfeotin~ the question on ~hand, 

and therefore must arrive at the oonclusion that 

:r!iole 6069, Vernon's Annotated Texas Civil Statutes 

v%ich sFplies to the sheriffs undsr the ?ee La:\*, has 

beon supersoded insofar as it ap:lles to 5alveston 

SOrint7, TdXSS, a oounty havlnn, a ;?opulotion of 64,601, 

asc‘ordinr to the 1~st~Ynlted States ~%%wuc, by I'rticla 

,113 0 2, ihvised 'Civil Statutes of icxas, snJ. Section 

1 t'.ieraof, and by t5e Officers' 3a13:y La;:- Of the 

.It3ti$ of Texas. 

It 13 :he further opinion of this department 

that it rests -vithin the discretion c? the Xon. Co-rrlssioncrs' Court sf Glveston County, Taxas, ns to the numher of deputies vrhioh the sneriff should employ. You 

will note in Article 3902, qevisod ~Civil Statutes, that 

the sheriff shall r&co sgpllaation to the Commissioners' 

Court for the e~pointmcnt of deputies, and ato., and 

t-at, furthsrrzore, he shall show the orobabla receipts 

and disbursements of his office in o&m for the Commissioners' Court to determine the number and necessity therefor. 

I 

It in therefore the ophion of this de?artsent 

, that suoh a~pointaents of deputies should be determined 

by the Commisslonors' Court of Galveston County, Texas, 

through the necessity o,P such sppointaents md dS0 

:Tovernd by t'ng r~vnnu~s of the s::eri.ff's offloe. It is 

very evident t>zt no sue? apFo1ntwct.s should axcccd that 

o'.' necessity :!nd that Gue oonsideration of ~11 condltlcns 

nuoessitat1nC 3a ii appointments s!loull be the coctroll!nE 

f~iotor in suc:1 acnsidcraticn ~1s 31.:ht. 3rise affzcting 

A <. Lo, :a n,ountg 2:t lari:e. 

"hsrofore, ::ou are ronpeotfullp advised that 

the law oontemplstes the safety end seourity of the pro- 
” 39 

Zion. Charlas H. Theobald, 

January 5, 1939, 

(14 

perties ot ~eoplc sn;: their personal care and protecticn arid such action taken by the Honorahle Coxnlssioners~ 

Court should be governed accordingly, all In their sound 

disoretion. 

YOUI- respoottully, 

ETORmY C3E:RA3.. OF ?ZXAS 

'ZJF : .aw