Untitled Texas Attorney General Opinion ( 1940 )

HE ,!iT’TOHNEY @%:NEKAL
OF TEXAS
Honorable I. Prdecki
County Auditor
Galveston County
Galveston, Texas
Dear Sir: Opinion No. O-2385
Re: vrhether the provisions of
Article 3899-b are broad
enough to permit the County
Auditor's approval of ex-
pense accounts to be allowed
out of the fees of office
for rental of offices for
the Justices and Constables,
Your letter of May 18, 1940, requesting the
opinion of this department on the above stated question
has been received. 'We quote from your letter as follows:
"Article 3899-b, Revised Civil Statutes,
1925, as amended, makes provision for the
Justices of the Peace to recekve books and
stationery necessary in the performance of
their duties. This, the County has always
provided. At this time an expense account
has been rendered by precinct officials (who
are on a fee basis in this County) for the
allowance of an office rental charge. Seci
tion 2 of this Article provides suitable
offices, etc., may in the discretion of the
Commissioners' Court be furnished to the
officials named the rein but does not provide
for offices for Justices of the Peace and Con-
stables.
“Your opinion is respectfully requested
as to whether the provisions in this Article
are &road enough to permit my approval of
expense accounts to be allowed out of the fees
Honorable I, Predecki, page 2 O-2385
of office for rental of offiaes for the
Justices and Oonatablea.”
Section 1 and 2 of Article 3899b read as follows:
“Section 1. There shall be allowed to
County Judges, Clerks of the Di,strict and County
Courts, Sheriffs, County Treasurers, Tax Aa-
sessors and Collectors, such books, stationery,
including blank bail bonds and blank complaints,
and office furniture as may be necessary for
their offices, to be paid for on the order of
the Commissioners Court out of the County Trea-
sury; and suitable offices shall alao,be provided
by the Commissioners Gourt for said officers at
the expense of the county. And such books and
stationery as are necessary in the performance
of their duties shall also be furnished Justices
of the Peace by said Uommissi,oners Court. Pro-
vided all purchases herein must be approved by
Commissioners Court, and must be made under the
provisions of Article 1659, Revised Civil Statutes
of Texas, 1925.
“Section 2. Suitable offices and stationery
and blanks necessary in the performance of their
duties may in the discretion of the Commissioners
Court also be furnished to resident District
Judges, resident District and County Attorneys,
County Superintendents and County Surveyors, and
may be paid for an order of the Commissioners
Court out of the County Treasury.
Section (a) of Article 3e99, Vernon’s Annotated
Civil Statutes provides that:
"At the close of each month of his tenure
of office, each officer named herein who is com-
pensated on a fee basis shall make as pert
of the report now required by law, an itemized
and sworn sbatement of all the actual and neces-
sary expenses Incurred by him in the conduct
of his office, suc‘a as stationery, stamps, tele-
phone, premium on officials’ bonds, including the
cost of surety bonds for his Deputies, premium
on fire, burglary, theft, robbery insurance
‘protecting public funds, traveling expense, and
other neceesary expense. . .ff such expenses
be incurred in connection with any particular
ca86, such statement shall name such case. Such
1 .
Honorable I. Predecki, page 3 O-2385
expense account shall be su,bject to the audit
of the county auditor, attorney, otherwise by
the Commissioners Court; and If it appears that
any Item of such expense was not Incurred by
such officer or such Item was not a necessary
expense of office, such Item shall be by such
auditor or court rejected, in which the collec-
tion of such Item may be adjudicated In any court
of competent jurisdiction. The amount of salary
paid to assistants and deputies shall also be
clearly shown by such officer, giving the name,
position and amount paid each; and In no event
shall any officer show any greater amount than
actually paid any such assistant or deputy. The
amount of such expenses, together with the amount
of sr,larIes paid to assistants, deputies and
clerks, shall be aid out of the fees earned by
such officer. U *,i:
Article 3891, Vernon’s Annotated Civil Statutes
reads in part as follows:
“Each officer named In this chapter shall
first ,out of the current fees of his office pay
or be paid the amount all,owed him under the pro-
visions of Article 38p3, together with the
salary of his assistants and deputies and author-
ized expenses under Article 3899, and the amount
necessary to dover cost of rremium on whatever
surety bond may be required by law. If the cur-
rent fees of such office collected in any year
be more than the am.ount needed, to pay the amounts
above specified, same shall be deemed excess
fees and shall be dis osed of In the manner here-
inafter provided. . eR
The authorized expenses which may be deducted
under Article 3899, supra, ane such expenses as are enumerated
therein, and only those expenses are to be paid
from fees earned by the officers.
In view of the foregoing statutes you are rc-
spectfully advised that It Is the opinion of this depart-
ment that expenses for office rent for the Justices of
the Peace and Constables ar% not similar to the items of
expense provided for by the above mentioned statutes, and
Honorable I. Predecki, $age 4 O-2385
that the Justices of the Peace and Constables are not en-
titled to deduct Items of expenses Incurred by tham from
fees of their offices that would be otherwise payable to
the county. Therefore your questicn Is respectfully
answered In the negative.
Trusting that the foregoing satisfactorilyanswers
your Inquiry, we are
Yours very truly
ATTORNEY GENERAL OF TMAS
BY Ardell WIlliama
Aseistant
!!;R%-;%?, 1940
GROVER SELLERS
FIRST ASSISTANT
ATTORNEY GENERAL OF TEXAS
APPROVED OPINION COMMITTEE
BY BWB, CHAIRMAN