Hon. J. D. Looney opiniori lpo. 04388 1 County Auditor Rar: Bnploym~nt of additionaldeputiesand Bode County clerks in Bowie'Countywhile regulardeputies Boston,Texas and clerks are on vacation,
Dear Sir: '.
Your requestfor'opiuionhas been receivedand carefullycon- sideredby this department.We quote from your requestas follows:
"WhereSteno'sand Deputiestakes a vacationforgoneor Two Weeks, is the Countyliablefor expensefor extra help to carry on their work during their absence?"
'Article39G2, Vernon'sAnnotatedTexas Civil Statutes,reads inpart as follows:
uWheneverany district,county or precinctofficer shall.require the serricesof deputies,assistantsor clerks in the performanceof his duties~heshall apply to t&County Commissioners' Court of his county for author- ity to appointsuch deputies ; ,ass%stantsor clerks,stat- ing by sworn applicationthe nmber needed,the position to be filled and the amnmtto be paid. Said application shall be accompaniedby a statementshoeingthe probable receiptsfron fees, cdssioz~ and compensationto be collectedby said office duringthe fiscalyear and the probabledisburs~ents which shall includeall salaries and expensesof said office3and said ccnrt shall make its order authorisingthe appointmentof such deputies,as- sistantsand clerksand fix the caapensationto be paid then withinthe linitationshereinprescribedand deter- nine the numberto be appointedas in the discretionof said courtlnaybeproper;providedthat in~no case shall the Commissioners' Court or anynember thereofattsanpt to influencethe appoinbnentof any personas deputy,as- sistantor clerk in any office. Uponthe entry of such order the officersapplying, for suchassistants,deputies or clerksshsll be authoriaedto appointtheta;provided that said compensationshall not exceed the na&mau amount hereinafterSethout. The compensationwhich may be allowed to the deputies,assistantsor clerksabove naned for their servicesshall be a reasonableone, not to exceed the fol- lowing snlountsr. . .n Hon. J. D. Looney,page 2 (O-5388)
We quote from Opinionlo. O-l&l of this departmentas followsr
"We are unable to find any statutedealingwith the sub-, ject of vacationsamong counti officials. The same is true of deputies,assistantsor other employeesauthorisedto per- form servicesunder the principalof any public office,with the etieptionof Ai-title 1583b, Penal Code of Texas,1925, which providesthat every regularly assigned jailer, jail guard, or jail matron at any county jail in any city of more than twenty-fivethousand(25,000)inhabitantsshall be allowed fifteen (15;) days vacation, in each year with pay, not more than two (2) members to be on vacationat the sametime.
%xmnissionersCourts are courtsof generaljurisdiction when actingwithin the sphere of the powers and duties confer- red upon thmu, however,they are courts of limitedjurisdiction in that their authorityextendsorilyto matterspertainingto the generalwelfare of their respectivecountiesand that their powers are only those expresslyor impliedlyconferredupon them by law -- that is, by the Constitutionand statutesof the State. 11 Tex. Jur. para. 37, p. 564.
"The law imposesupon each electiveofficialof a county certaindutiesconnectedwith his offioewhich he is obligated to faithfullydischargeand perform. He is responsiblefor cer- tain acts of his deputies;and in the matter of attendingto and performingthe duties of his office,the law holds him re- sponsible. Kany dutiesconnectedwith a public officemust necessarilybe performedby olericalworkers and assistants, who consequently perform their duties solelyunder the direction of the principalin office. Especiallyis this true where their dutiesare not regulatedby statute.
"The status of the various deputies,assistantsor clerks, as providedin the above-quotedstatute,are varied. ,Sheriff deputies,constabledeputiesand all county clerk deputiesare consideredpublic officers. In a true sense, they performgov- ernmentalfunctions,and