oFFICEOFTHEA~TORNEY GENERALOFTAUSTIN 

rfonorable Gee. H. Shepperd 

comptroller or Public Account5 

Austin, Texas 

Dear ?Er. Sheppard: Gpinion NO. Q-%a0 

He: Xey the conpensbtion of an 

additional Deputy Clerk r0r 

the Court,of Civil Appeals 

ror the Fifth Supreme Judioial Dirtrlot be paid out 

or roe5 0r orriot3 oolleoted 

,by the Clerk of that oourt? 

We have your letter of May 22, 1941, propounding 

ror en opinion by this DepartmInt the above&aptioned questicn. Tour request is 85 r0u0w5: 

*You will please advise 5e whether or. 

not the oompensetion o? en ad~ltlonal deputy 

my be paid out 0r r595 or orrio 00u5oted 

by thla Court, whloh are on depoelt in the 

'State Treasury. If this oannot be.done, you 

will please advise whether or not the Court 

has the authority to retain in their possee-, 

51011 ret38 aufrioient to pay the salary 0r 

the additional deputy." 

Section 3 or the General Fmvlslons of the aurrent Judiciary Appropriation Bill declarea: 

"All fee5 paid to any 'Oourt for which 

epp~oprletions ere made herein ar to any 

or the clerka, orricers or employee of.any 

such court, whether such re5s am ror Orricial or un0ff.l oial copies of opinions, or. 

for other serPioes or documents, shall be 

deposited at the cloee of each mcnth in the 
Bonoreble Geb. H. Sheppard - page 2 

Ge~eral~~evenue Fund or _ _ _ _ 

ena 5na11 De oarrrea as 

the State Treasury 

a special aaao*nt ._ _._ In said Fund ror the oourt aepoeitlng same, 

and none of auob fees &all be retalned,by 

or paid to said clerks, officers or employas. 

Eeoh court employe whase‘selery is provided 

for herein, except porters, shell file with 

the Comptroller et the end of each ?nonth en 

effldevlt showing that he has not retained 

any compensation out or any court fees or 

other fees received by,hin or the oourt duricg that month end showing. that al.1 such 

fees have been deposited is tke State TreasUY. The Comptroller shall. not Issue TV %'errant In payment of the eala'ry of any suc5 

emp?oye for any month unless and until the 

etfldavlt required herein has been filed 

for that mOnth.* 

It 1s generally understo..d to be the rule that 

the L&tgIelattue may not by a general appropriation bill 

repeal or amend a ~general statute. It Is not neces:7sry 

for us to peas upon the sufficiency of this section of 

the appropriation bll to repeal or effeot Article 1833 

of the Revi5e46IvIl Statutes or 1925, whIoh ArtIole declares: 

*Each Clerk may appoint one chief 

deputy. With the approval of the court 

.he may appblnt addItiona& deputies who 

shell be pbIQ out of t'be reea colleoted by the Clerk, not to exoeed $100.00 

e month. gaoh deputy shall give bond 

to the Clerk ror the~falthful discharge 

of, his duty." 

Artiole 1833 has been superseded, however, In 

respect to the partiouler matter under oonsideretion, by 

senate Bill MO. 431, Chapter 2 or the 46th Legislature, 

Regular Session, Vol, 1, p. 619, dhioh reads e5 fOllWs: 

"SECTION 1. The selerjes of all 

State offioers end all State empl.oyees 

except those Constitutibnal State of- 
Lionorable Gee. H. Sheppard, pegs 3 

Sloere who86 salaries are 5peolSieally 

SIXed by the Conetltutlon, shall be, 

for the period beginning September 1, 

1939, end ending August 31, 1941, in 

such sums or amounts es nmy be provided ror by the Legislature in the general appropriation bills. It is specirioelly declared to be ne of the Intents hereof that the Legislature 

shall also fix the amount of supplemental salaries hereafter, out of 

Court f’eSS end receipts, t.0 be paid 

to the clerks end other employees of 

the Courts of Civil A:peels', the Supreme court end the Court oS Cr&Inel 

Appeals. 

"szc. -2. All law5 and parts ,oS 

law5 firing the salaries OS all State 

ofSlo,ers and employeee, .exoept those 

ConstItutIonal Stete orficeru whose 

salaries are speclfioelly fixed by 

the Constitution, sre hereby'speolfIuelly repeeled in so fer a5 they are 

fin oonSlIct with this Aot. -ItIs 

6peoISIoelly declared to be one of 

the Intents hereoi that any end all 

laws authorizing payment of supplemental salarise rrm 0o::rt reoelpts 

ana Seea to (-lerks end other employees 

OS the oourts OS civil Appeals, the 

Supreme Court end the Court of Criminal 

Appeals; 'are repealed 'In 50 Ser as they 

ere in conflict with this Act." 

Thb ourrent biennial appropriation for the 

re5peotIve courts OS Civil Appeals makee.no epproprletlon Lor the,Deputy Clerk mentioned by you, and there 

Is, thereiore, no authority Sor the appointment and 

compenaatlon' >S any Deputy beyond the two Deputle.5 

epeolelly mentioned In the epproprietlon bill and for 

whom speoliio salaries have bc.-n epproprleted. 
Honorable Dso. A. Sheppard - 4 

we trult that what 

ly anrwm8 your Inquiries. 

wa have naid au:'iioisntVery tx1 y yours 

ATTORNEY GEWRAL CP TXi4S 

a/ Grover Selletis BY %AB Chairman 

FIRST ASXSTAR'T ATTCRlJRY GENXUI,