Untitled Texas Attorney General Opinion ( 1944 )

532
i
I OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
OROVERSELLERS
ATTORNEY
OENBRAL
iionorable Vi. P. Iierme, Jr.
county Auditor
Wailer County
fieapatead, Texas
l a llto o o u nty
1 sh 6r lfr not
to o QmR ller io no n
leotions; and where
nt made out of oourt,
rt reoorde would not
amount oolleot#L
ent eommunioation in which
z Department on certain
a8 r0liow8:
Attorney of Walhr County authorized
retain lc$ of amount oolleoted by
t mda aster the filing of but before
of euita o~behalf of Wailer County
en to ro@f and bridges in said county?
aid county Attorney is ao authorized, should
he withhold his ooaaieeion or gay same to oounty
together with rest of money collected end raoeive
his commiseion back?
3. If tne County Attorney should retain or be gafd
10% of the amount SO oolleoted, then ehould the
dleriff colleot or be paid 5$ of the mount, as
..
533
donorable X. 1. il%rmv, Jr., yeG;e 2
in oriminel 0osesY
4. Aould th% Civil Docket show the entire amount
oolleoted, including the commission of the County
Attorhey, 'or in case he is allowed to retain or
withhold his oomheion, should it just ehow the
aotual sun peid into court?
Xaller County is operating on a f%a baaia in regard to
the oompensation of its county and preoinot offiocars.
Paragraph 3 of Article 6716, V%rnon*s Annotated 05.~11
Ytatutes, providea:
"The ownere, operatora, driver8 or bmvore of'
any vahiol%, objeot or oontrivanoe over a publie;.
highway or bridge ahall be jointly and eeverally
responsible for all damaga& whioh said highway or
bridge may auetain aa the result of negligent
driving, operating or aoving ,of auoh vahiole, or
aa a result of operating ease at a tima SorbLbden
by eaid road offioiala. The amount of auoh daaaeaa
may ,be raoovered in any aotlon at law, by the oounty
judge for the us8 of the oouuty, and such reoovery
shall go to the beuetit of the damaged rood. Tho
oounty ettorney ahall repreeenO the oounty in auoh
suit .*
Artiole 335, Vernon'6 Anaotated Civil Statutea, pro-
videe:
"Whenever a district or county attorney has
oolleoted money for the Stat.6 or fox soy county, he
shall within thirty days arter reoeiving the same,
pay it into the traeeury of the Stat% or of the
oouhty in whioh it belonga, ufter deduoting there-
rrom and retaiuing tha oommierions allowed him
ther%OA by law. L-&oh di8triot or oauntg attornay
shell be entitlad to ten per oat commiaeions’on
the first thoueend dollars oolleoted by him in any
one 088% for the Stste or oounty fro& my lndivid-
ual or cxqany, and five p%r cent on tll SUWJ over
ONB t:ouaahd dollars, to be retained out of the
~10Jle.Ywhen colleoted, and he shall also be entitled
:
534
iIonorable :i. i;. bl6rM8, Jr., pege 3
to retain the aam oomiaaiona on all aolleo-
tions mede for the State or for auy county, This
article shall also apply to money realized for
the State undsr the eecheet law."
It being the express duty of the County AttorEcy by
authority of mid Art. 6716, Per. 3, eupra, to regreeant the
oounty in suite of this nature, we a%4 no remon why he
should not be entitled to hi4 oomniasionr &a provided ia
said Art. 335, supre, This la true whether the money is
oolleoted by settlement of the oaaee or by judgment takm
therein, ae asid statute doee uot specify the mean4 of ool-
leotion. The foregoing enmfera your first @eetion in the
affirmative. tie her4with enoloee a copy of our Opinion
iio. O-5306 in aupport or this anewer.
Art. 335, supra
apeoifioally provides that euoh county
Attorney, after suoh lPoney; shall "gay it iAt0
reOeilkg th4
treaerury of the Stats or of the county In shloh it belongo,
attsr dsduoting thsmfroa and mtaining the coaaimionr rl-
lowed him thereon by law." (undereooring added.) %4 beii't;ve
the undsrrroored portions of-4eid Article, a4 neit above iho&,
clearly authorize the oounty attorney to withhold his oom-
tllie410n4. This anmere your seoond queetion.
Art. 335, supra, doe4 not provide my oolnmiesion for
the Sheriff In oivil ruitr of thi8 nature. Therefore, the
only ooapensation to which he would be entitled in the uritr
in i;uertion, would be 51s rtatutory fe% for serving prooaaa,
eta., whioh would be collected aa court ooats.
As we under&and the feat rituation aubaitted by iou,
these oaaea in ,:ueetion were dismi44ed without trial on the
agreement of derrendants to yhy demgerr in euma certain, ata
the oivil docket of the oourt shows, This being 80, the
oourt reoords would not ehow any amount collected, other than
oourt coat4 shown by the rcbebook or said oouxt. An th6
ma%8 were, dieaieeod aud settled out of court, the county
attorney ie authorized to receive the amount of eettleluent,
535
iionorsble H. P. tlerms, Jr., Pa&Q r,
and, after deduct& therefrom his coamiaaion~s tillowed by
lew, pey the balance into the county trooeury.
2 tlW0t tiNit the POlWgOiily, fully BIIBWBrB YOU