Untitled Texas Attorney General Opinion ( 1939 )

‘. ‘. OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Mareh ZQ, 1939 Hr. J. L. Crorthwalt County Auditor Dallas, Texas Dear Sir: salary basis? 08 the above stat- as follows: II Dallas County o were hereto- basir but are mm asfr, as provided by lvil Statutes, as to tiaials are lntltled to y oartaln fees whiah If they were aompeneated a - such as feea In orimlnal J paid by the State, foes in als- s formerly paid by the County to eer8, and other fsrs whioh would ofr~cerr~ salary fund. . . . . . . a. *All Dirtriot, County and Freoinet Offl- ocr8 ln Dallas County are now oompensated on a salary badmaw Artiole 3912e-1, Revised. Civil Stetutes, pro- vides for the salaries and sets b&?w#k,ount of suoh Hr. J. L. Oro8thmit, Yaroh E$, 1939, Pa@ 8 88larle8 of oertain dealgn8t*d blatriot, oounty and pro- olnot otiioera in oountler hSvIng the population of 304000 lnhabltanta or morn and 108s than 385,000 inhabi- tents,looordlng to thS last pr8oedlng Fedora1 O~IL~U`` We are Informed by the Comptrollrr*a otSloS that Dallar County has a population of SOb;tWl Iuhabltamt8, aooord- ing to the last preoodiq Federal t+enawa Theretom Dallas Comt], 005~08 within the population braokrt SOi forth in Artlola SQlZo-1, aupra. The lboverasPrntlons6 statute further pr&idSr that aueh oifioSr8 rhall reosive auoh aalarioa in 11~ of any end all Sompmaation non provided by law and that all auoh aalrriea SnumSratSd In thla aubaeotlon ah811 by p~ld out of the gsnSre1 funds of auoh oountles. Seotlona 1 and 3 of Artiola 391&, Revised Civil st~tUte8, read as foll``ar 5300. 1: No dlatriot orfioer shall be paid by the Stat. of Tsxaa any foes or oak- aIaalon for any aervloe psrformd by hirg nor shall the State or any oounty Sy~ to any oounty oftlorr In any oounty oonta Pning a po- pulation of twenty-thouoand (-80,000) lnhabl- tent8 or more aooordlng to the lart preoedlng FSdaral CS!lSU8 any ieS or oommlaeion for any aorvloo by him perfomed aS auoh otfioeri pro- vidrQ, hcuevor, that the aaaeaeor and oollSo- for of taxes shall oontinuo to oollsot and ro- t&in for the benefit of thS OffloSr8’ Salary Fund or funds herSinafter provlded for, all ire8 and oommISalona whloh ho Is authorized under law to bollSot; and it shall bo.hIa duty to aoooUnt ior and to pay all ruoh monies reoalved by him Into tho fund or fund8 oreated and provided for under the provfafona of thir Aot; provided further, that the provisions of thir SeotIon rhall not affeot the payment of ooat8 in oivil oases by the Stat*, but all auoh ooata so paid &all be looounted for by the offlosra oolleotlng the lunS, IS they are raqulrod under the provialona OS this lot, to loooUnt for tees,. oomalaalona and sorts ool- leotad from private parties.” “Sear 5. It Shall be the duty of all Hr. I. L. Oroathwalt, Yamh 80, lOSB$ Pago 8 offioorr to ebarp and oolleot la th8 W- nor authorized by law all f8.8 and OQL- mla8Iona wbloh are permittdd by law to bo aaaeaaed and oolleoted for all offlolal 8or- vloe perfom6 by then, As and when auoh tom8 are oolleoted thej 8hall b8 doposited in the Otfluera~ Salary Fund, or funds pro- ridad ln thi8 Aet. In event the Cotnmfaaion- era’ Court finds that the talluro to oolledt any fee or oommlrraion was due to negleot on the part of the offloor oharged with the reaponaIblllty of oolleoting same, the amount of auoh tee or oommieeloa shall be deguoted fros the salary of auoh offloer. Before any 8uoh dobuotlon Is made, the CommIaalonera* Oourt ah811 furnish suoh offioer with an Iteml8ed statement of the unoolleotrd fees with whloh his aooount Is to be oharged, and ah811 notify .auoh of”ioer of the time and plaoe for.a hearing on’eame to UetewInc whether auoh officer waa gu i lty of negligenoe, which tIme for hearing shall be at least ten days 8ubaequent to the drte of notlee, Un- 1.88 an offioar Is oharged by law with the ie?ponalbilitpof oolleoting fees, the Corn- alaalonera~ Sourt shall not in any event make any deduotlona from the authorlzed salary or auoh off1oor.e &tiOle 3@1&, Npr8, by it8 tON lpeoifloally pr a that no dlatrlot offloer shall be paid- by the State of Texas any fees or ooemlaalona for any 8ervloea performed by him nor shall the state of any oounty pay to any oounty affloer In any oounty oon- tnining a population of 80 000 inhabitant8 or more, aa- oordlng io the last preoed l ng Federal oenaua, eny fee or oommlaslon for any asrvloe by him psrtonned aa auah off Ioer . Seotlon 5 of this statute provides that lt shall be the duty of all Offloer8 to oharge and oolleot In the manner authorized by law 811 feee an6 oommIaaion8 whioh are permitted by law to be assessed and colleoted for all oftlolal aervloea performed by them end that 8uoh fOe8,:it uid when oolleoted, 8hall bo depoalted ii the Offloerr ! &lary Fun6 or funds provided in this aot. I8 rlea of the rofegoing atatutea you are re- 8peotfully advised that it is the opinion of this Depart- a@nt that no fee or oommlaaion oan be legally paid to ~offioial who reoeIv6a a salary .4.n lieu of any and al "Y aompenaatlon 80~’ provided for by Lsw but that all fe.8 and ooamlaaionawhloh auoh offioera are authorized under law to oolleot 8hall be paid into the OtfIoer8s tilary Fun4 or funds hereafter pfovlded for. Trusting that the foregoing an8wera your in- quiry, we rematn very trtqly your8 ATTORNEY - OF TXA8 B7&&#~5- Ard.kl flli111U88 ANi8tant AWrAW : APPROVED? ;Ili3T ASSISTAlQ ATTORNEYORNEIL&