OFFICE OF THE ATTORNEY GE:NERAL; OF TEXAS 

AUSTIN 

nonorablo B. Y. Cuunln&am 

C6unty Auditor 

Eavcrro County 

corsicall3., T0ras 

Dear sir3 . . 

datory sot to Artiornimn’o Annotsted 

of this dopnrtment 

~Q.w .Co-~..nlijj Trwxmrcr, who CSC~ into office 

January 1, ‘1941, wa3 accordail tho ama troatmant 

i 
. . .-. 

Donorablo E. Y. Cunn@h;ham, Pace 2. 

as th& othar abovs named officials, ard 

he tms refunded tbt portion of his bond 

covorirq October, ~Xovombor and Docomber, ,.’ 

3.941. Horn, houovar, ho has rquested thnt 

tho County refund tho full amount of his 

..*% 

.~ - 

bond for tho yoar 1941, or rather, for the 

months not alroady refunded, . 

.. Wo fail to sed’ how.3 can Co this ‘1*&lly, and would appraoiato an opinion from your : 

office on this mattor, so r7sshall hnow what 

to do.” 

: . : 

Article 3S99, Vernon% Annbtatsd Civil Statutes, 

CBS aZl0nd8d by Eiousa Bill 524, Acts of the 47th LoSislature. - 

The purpose of the cmcmkeat wo to provide for thu.payment 

of bond proniumu for cortaln county offiglals nho had thurotoforb bcsn raquirod to pay their ovin prornlws. .Suoh purpose 

is expressad in txe c&ptiO5 thoraoi’ as’ fO+fS:~ 

. . 

%I? ACT clnondin~ Article 5999, Revi sdil ‘. 

Civil Statutes OS T@xas, 1925 . . . to provide test pro;tinm on official bonda for . 

county treasurers . . . and their deputies, . 

shall be paid fro3 oountp funda . . .” 

Such amendment went.into effeot ninety &p after 

July’s, 1941. You cite suoh amandnent as authority for the 

counties “to refund’. bond prc!niuma to such officials for tha 

remainder of the year, after said law went into offectqf and 

state that you hnvo made such rafunds, Sor that period of 

tlmo dating from the effective dato of the act through Deoemher 21, 1941. You now ask iP?tho’;‘cotity has authority to 

refund tho bond prczxiuzs to the. v~riOU8”o~ficfals for that 

period of time from January 1, 194l, to;,the effective $ito 

of the amondatory act. .‘1. 

. 

” Paragraph (b) of SectTon 2 of the amendatory act 

provides: 

“Each officer named in this act . . %; 

and including the Cost of surety bonds for 

his deputies, providad that GQonoos incurrod 

for ‘premiras on officials’ bonds. for tho county 

troasuror , oounty cuditor, county road 00x&3- 

‘sj.onars,.county school ouporintondant, and tho 

/’ 

. . 
. . I . 

Donorablo 3. Y. Cuh&@m,.Pa~e-3 

.hidQ and an&xl lnspoctor, including the cost 

of surety bonds Sor any daputies of any such 

offioers, my bo also indludod, and such 8XpQns0s to bo pasacd on, predeterninod and al+:;, 

lowed in fha tine and mount, as nsarly as .'* 

possible, by the Comiissioners Court onto 

Qaoh month, for the ensuing month, . . .'I 

‘A careful oonslderation of.the act ae a whole 

clearly in&bxites Q total lack of authority on the part of 

the county to mke a refund to the county troafmer, or to 

soy OthQr Officer nswd thoroln, for that portion of his 

bond pruiuzs covering tho porfod of tine fron Sammy. 1, 

1941, to tho Qffectixe date of the Rot, 

Sinca such'yuostion is not biforo us, it is to 

bo dxprossly undorntood that we are not.passin!: upon the authority of the Comisoionoro t Court to authorlzo a refund 

to tha Qmmoratod officials of that portion of thoir bond 

prmiws COVQri~ th0 pQ3ZiOd Of t&O frCZL the QffQCtiVQ dat0 

of the act through DcCQXbQr.31, 31941. 

Yours vory truly' 

ATTORh?ZYGE?ERAL OYTEXAS 

Lloyd.hmstrong 

Assistant