Honor8hle 8. C. 8mith --Y h+=-Y BasqueCountJr Meridian,Tens
Dew 8irr CpinioaNo. 04902 Be: ,bthority of Connaissioners' Court of BosqusCounty to desig- n&e 8 deputy to aat for and draw salary of aounty superintendent induotedinto the armed Semites.
Your recent oomwuioatioato this offZooreads as follows:
"One of our oountyoffioials,a young man who was electedat the last elec- tion to som a four-yearterm in said office,is about to be iaduotedin- to the armed serrice8, havingsrved a littlemore than a year of his term.
"Cur County Judge has asked me to get a ruliag froa your Departmentas to whether or not the Cormaissioners'Court of our countycould designatehis deputy to rot in MS plaoe in his absanaeand dra% all salaryand other compensatioaof the offiae,m that ia the event of his dischargebefore his term of offioeexpires,he oould again asswnethe duties of the office.
"I have advisedthe County Judge that in rqyopinionthis oarmot bo done, but he is anxiousfor a ruliagfrom your Deparbnsntdn this matter and I would appreaiatea rulingfrom you on this mttsr, and would bevery gladto know +&at q opinionin this matter is incorrect."
It is the opinionof this departmentthat you have advisedyour County Judge correotly.
Article 2689, RevisedCivil Bfatutes,providesfor the oathand bond to be f&en and givea trJr an electiveCounty Superintendent.Artiole 2693, RevisedCivil Statutes,prescribeshis general duties. Additional speaifiodutiesare imposedupoa said off'ioi81 by various other statutes.
We have been unableto find amy a:thority,constitutional or stat- utory,wherebyyour oountyoonmdssioaerscourt is empoweredto designate any persontoaot ia the absenceof the Ceun% Superititsadeat, or draw his salaryand other oompsnsatioaof offioeso long= ao vacaaayetists in said offioe. i: S, C. Smith,Page 2 (o-5902)
The commissioners'court is empowered,by a majorityvats of'the membersof the court,presentand v$ng, to fill a vacancyin the office of CountySuperintendentof Publio Instruction.Article 2355,Vernon's AnnotatedCivil Statutes. Eo suoh authorityexists,however,unless a vaomcy occur*,and no such situationis presentedin your oonnnunication.
Article 2700,Vernon'sAnnotatedCivil Btatutes,as amendedby the 40th Legislature,providesthat "the CountyBuperintendeat, with the appmv- al end confirmationof the CountyBoard of Eduoation,may employ a oompe- tent assistantto the County Superintendent. . . and may emplor such other assistantsas necessary. . .s Eo provisionis made for a deputy oounty superintendent and no provisionis made oowring the duties of suoh auth- orizedassist,nts,exceptthat they are requiredat all times to work ur.d~~r the supervisionand directionof the CountySuperintendent of Pul+ I.: c L!struotion.
t7ebeve found no statuteauthorizingthe appointmentof a substi- tute countysuperintendent.The County Superintendent of Public Instruc- tion is the only offiolrwhocan performthe duties of said offioe. There- fOP0, so long as no vacancy exists in said office,the Commissioners* Court or your countyis withoutauthorit;y to designateanyone else to perfonssuoh duties. In this oonneotion,see the case of MarquartV. Harrisoounty, 117 8.E. (2d) 494.
Similarconclusionsas hereinexpressedwere set forth in this department'sopinionEo. O-3344, aPprovedMaroh 29, 1941.
Very truly yours
ATTORNEYG!dNERAL OF TEXAS
By /s/L. H. Flewellen LHFsEPw~R L. H. Flewellen APPROVEDAPRIL 5, 1944 Assistant (;/tp;j P. Blackburn
AT;O%EY Gl!TRRAL OFTEXA8 Approved OpinionCommittee ByBEB chairman