Ronor(lbze Burl Rrittain Comty Auditor San Pstriciocounty Sinton, Texas
Dear Sir: opinionBo. o-U36 ore: Doss OpinionO-880 apply to countieswhere constablesare workingon a fee b&bsisand not under the salfry law?
If the sheriffand one or more of his deputies are in attendanceupon the court at the same time, are each entitledto the $4.00 per diem?
Your requestfor an opinionon the above statedquestionshas been received by this depsrtment.
As we understandyour first questionyou desire to know whetheror not a constablewho is compensatedon a fee basis can serve es bailifffor the grand jury and for such services.
This departmenthas repeatedlyheld that a constsblecannotserve as bailiff for the grand jury and receivepay therefor. The same rule applies in all countiesprohibitingconstablesfrom servingas bailifffor the grand jury and receivingpey for such service. It is immaterialwhetherthe constables are compenliatedon a fee or salerybasis.
For your conveniencewe enclosecopiesof our opinionsNo. O-880 and O-130.
Regardingyour second question,we call your attentionto Article 3933, Vernon'sCivil Statutes,which reads in part as follows: 11 . For every day the sheriffor his deputy shall attend the &hict or county court,he shall receiveFour Dollers ($4.00)a &Y to be paid by the countyfor each day that the sheriffby himselfor a deputy shall attend said court."
In the case of L&better vs. Dallas County, lllS.W. 193, in which a writ of error was deniedby the Suprune Court, the court pssed upon the sams questionas here presentedwith the exceptionthat bt that tims the statute providedfor Two Dollars ($2.00)per day for such servicesinsteadof Four Dollers ($4.00)aa is now providedby Article 3933, supra,and holds that the county is only liable for the $2.00 per day for the attendanceof the sheriffor his deputy,and that even the districtjudge does not have authorityto bind the countiesbeyond that. Hon. Rurl Rrittain,Page 2 (04646)
In view of the foregoingauthoritiesyou are rl)spectfullyadvisedthat it4 is the opinionof this departmentthat the county is ~@y liablafor the SUJII of Four Dollars ($4.00)per day for the serv$cesof the sheriffor his deputy in att&ding the couutyor districtcourt,and in no event could the sheriffand.his deputyor deputiesbe paid $4.00 per diem each for attendance upon the court at the same time.
Trustingthat the foregoingfully axwrersyour inquiry,we remain.
Yours very truly
ATTORNEYGE%ERALOF TEXAS
s/ Ardell Will+amR
By ArdellWilliams Assistant AWrjm
EllCl.
- NOV. 6, 1930
s/W. F. Moore FIRSTASSISTBNT A'l%XNEYGBV'ERALOF-