OFFICE OF ’ THE A’I 

Bcnorable MurpaO 

county AudItor 

Liberty County 

Wborty, Texas 

Dear kir. Color 

TORNEY GENERALOFTEXAS 

AUSTIN 

Cole 

salary out of the 

salary Riuld. 

answer~to the above question is 

in addition, to the following question: 

l The population of Liberty County is in efcesa of 20,000 ana tharefbro all oounty Officials 

are paid out of the Officers Salary Fund. The 

receipts to Officers Salary Fun3 are derived f'rom 

fees of of'fioe, transfers from General Fund, and 

a per oayita apportionment paid by the State Ca mp - 
Eonorable Duryhy Cole - page 2 ‘._ 

troller out Of the State Treasury. Therefore, 

a portion of the salary Of the County Attorney 

is derived from reoeipts from the State Treasury, aa would hare llkerlso been the case if 

the county zero still on the fee system, because 

the County Attorney earns fees In crlndnal oases 

(i.e. oasos which are Oartied to District~Court 

in oounties on the fee system), and the per capita 

apportioumeut is allotted to oounties in lieu of 

fees pald direct where the oounty operates uuder 

the Gfficors Salary Round. 

sTherefore, your opinion is sought, as to 

whether the Constitutional prohIbitIon whereby 

the State Comptroller may not Day auy salary 

out of the State Treasury to any ludivldual who 

is also reoeiving pay from the Federal Gorernmnt, would apply in the local oaae where State 

.~ 

money is resdtted to the looal Treasury for paysent of SaltieS to offiolals of politioal sub- 

~o;~~.~, where such official Is in the armed 

Seotion 33 of Jrticle XVI of the Constitution pro- 

; rfdesr 

*The acoounting officers 'of this State shall 

neither drav nor pay a warrant upon the treasary 

in favor of any person, for salary or coupenew 

j. tion as agent, offloer or appointee, rho holds at 

the same tiara auy other office or position of honor, 

r 

trust or profit, under this State or the Crdted 

::. States, except as presaribed In this Constitution. 

1' l * a * 

. . 

me Seotion does not supervene to peteut the pay- 

'Bsnt of the County Attorney of Liberty County, because the 

pay of the county Attorney is not by WaXTaut upon the tress- 

,tUy of the State, but, on the contrary, is by the oOUntY out 

or the orflcers' Salary mud. 

It can uake no difference that a part of this Gfricers* Salary Fund may be aonstltuted by tho allocation from 

the State Treasury. 'The fact remains that when it is thus 

*osstituted and the amount thereof has been traussdtted t0 

E 

the county authorities, it ceases to be State funds and beComes o. part of the Gffioers~ Salary Fund of the county, and 
Honorable Wrphy Cole - page 3 

OS such 2s disbursable by the oounty authorities. 

What me hate said, in connection with what we 

have heretoforo rnloaln Opinion Xo; G-3448, a copy of 

which opinion Ire hand you herewith, will sufficiently 

answer your inquiry, we trust. 

For your furthor information, hemeter, we suggest that, should sueh oounty official aocept and exeroise 

an office in the Arnlp, he would raeate his county office, 

under Section l2 of Article XVI of the COBStitUtiOn, as 

held by us imOp&nion Ho. 04343, corn of vhich is also 

attached hereto. 

i 

OS-&iR 

B.. ipnclosure 

285 ! 

\ 

Ocle &fiber 

. 

AssistaBt