HonorableC. H. Cavnem stat.5 Auditor Austin,Texas
Dear Sir: opinionNo. O-6676
Re: State Apportionments to counties operatingunder officers'Salary Fund and where there is a Criminal DistrictAttorneyor $ountyAttor- ney performingthe dutiiee of Dis- trict Attorney.
We are in receiptof your requestfor an opinionon the abbve mat- ter, said requestbeing a6 follows:
"In connectionwith an audit we are now making of the Ju- diciarySectionof the State Comptroller'sDepartmentfor the three years ended. August 31, 1944, we find it necessaryto re- quest an opinionfrom your Departmenta8 to the followingappor- tionmentappropriations:
"Apportionmentsto countieswhere county officersare paid salariesand where there is a CriminalDistrictAttorneyor CountyAttorneyperformingthe duties of DistrictAttorney (for 33 countiesin 1940, per Sub-sectionB, Section13, Chapter465, Acts Forty-fourthLegislature).
"Year Ended August 31st:
"1942 $146,42y.O0 1943 146,429.00 1944 146,429.00
"Article3912e, Section13B, reads as follows:
"The compensationof a criminaldistrictattorneyor county attorneyperformingthe duties of dietrictattorney,together with the compensationof his assistants,shallbe paid out of the County Officers'SalaryFund, but the State shall pay into such fund each year .!+n amount equal to a sum which bears the same proportionto the total salaryof such criminaldistrict attorneyor countyattorneyperformingthe duties of a district attorney,togetherwith the salary of his assistants,as all Hoti.C. H. Caress, page f (0-6676)
felay fees sollect.rdby such officialduringthe year 1935 bear to the total fees cc;i.lected by such officialduring such year.'
"We qucte, I.:part, from AttorneyGeneral'sOpinionaddressed tcjthe CrLaptroile.r Accouds under date of September15, cf Pub1j.c 1936, relativeto t,'ie: ix1usl.o~cd stenographers,bookkeepersand invest!.gators as 'assistants':
"*Recel.ptis her+y ackzodedged op your letterof Sept&,er 15, 1936 whereinyou referto subsection(b) of Section13 of Sena+:eBill NG. 5, Acts of thz SecondCall& Sessionof the Forty- fourthLegislatureand wish to be advisedas to whetheror not StenO@apheI'S, bookkeepers,and investigators shouldbe consid- ered as assistads unaer the terms Gf this Section.. . . . . . While stenographers, bookkeepers,and investigators are assistants In a limlt~d sense 0,"the word In that they assist in the conduct of the duties of ihe office,we are of the opinionthat the Leg- islaturedid not intendto includesuch employees$n the terms of Section13 (b), supra. It is the opinionafthe writer that the Legislatureinteridea to includeonly assistant+listrict or county attorneysas that word is commonlyaccepted,that is, practicing attorneyswho in some way assist in the prosecutionof cases~in tte respectivecol;z%ies.*
"We quote IL part, from your opinlda@-essed to the Camp- trollerucaer date cf V&r& 9, 1936:
"'Whenwill the Comptrollerbe requiredto pay into the CountyOfficers'SalaryFunathe moneys providedfor under Sub- sectionB of Section131
"'We are of the opinionthat the Comp%zoll.er's Department . shouldpay into the Officers'SalaryFu& of the respective countiesthe amount providedfor in Section13 (b) at the first .ofeach year, that is, on JanuaryFirst.' ~
"we quote, in part, from your opinionNO. o-6226, addressed to the Comptroller:
"'You statethat the maximumamountthat could be paid the CriminalDistrictAttorneyand his aasietantsby statuteis $'j2,150.00per annum,but the actualexpenditures by Bexar County to the CriminalDistrictAttorneyana his assistantsis $45,500.00 forthisyear........................... I. . . . . . it is our opinionthat in making your allnca- tion of the appropriationas providedby said,~statute, you should make your calculationsof the distribut$ons on ~theamount actually paid by the countyto the,CriminalDistrict. Attorneyana his~ae- sistantsand not on the maximumamount!&at the,law~ au$horizes.'