Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF ’THE A’ITORNEY GENERALOFTEXAS AUSTIN Bcnorable MurpaO Cole county AudItor Liberty County Wborty, Texas Dear kir. Color salary out of the salary Riuld. answer~to the above question is in addition, to the following question: lThe population of Liberty County is in ef- cesa of 20,000 ana tharefbro all oounty Officials are paid out of the Officers Salary Fund. The receipts to Officers Salary Fun3 are derived f'rom fees of of'fioe, transfers from General Fund, and a per oayita apportionment paid by the State Ca mp - Eonorable Duryhy Cole - page 2 ‘._ troller out Of the State Treasury. Therefore, a portion of the salary Of the County Attorney is derived from reoeipts from the State Treas- ury, aa would hare llkerlso been the case if the county zero still on the fee system, because the County Attorney earns fees In crlndnal oases (i.e. oasos which are Oartied to District~Court in oounties on the fee system), and the per capita apportioumeut is allotted to oounties in lieu of fees pald direct where the oounty operates uuder the Gfficors Salary Round. sTherefore, your opinion is sought, as to whether the Constitutional prohIbitIon whereby the State Comptroller may not Day auy salary out of the State Treasury to any ludivldual who is also reoeiving pay from the Federal Gorern- mnt, would apply in the local oaae where State .~ money is resdtted to the looal Treasury for pay- sent of SaltieS to offiolals of politioal sub- ~o;``.~, where such official Is in the armed Seotion 33 of Jrticle XVI of the Constitution pro- ; rfdesr *The acoounting officers 'of this State shall neither drav nor pay a warrant upon the treasary in favor of any person, for salary or coupenew j. tion as agent, offloer or appointee, rho holds at the same tiara auy other office or position of honor, trust or profit, under this State or the Crdted r ::. States, except as presaribed In this Constitution. 1' l * a * . . me Seotion does not supervene to peteut the pay- 'Bsnt of the County Attorney of Liberty County, because the pay of the county Attorney is not by WaXTaut upon the tress- ,tUy of the State, but, on the contrary, is by the oOUntY out or the orflcers' Salary mud. It can uake no difference that a part of this Gf- ricers* Salary Fund may be aonstltuted by tho allocation from the State Treasury. 'The fact remains that when it is thus *osstituted and the amount thereof has been traussdtted t0 the county authorities, it ceases to be State funds and be- Comes o. part of the Gffioers~ Salary Fund of the county, and E 285 ! \ Honorable Wrphy Cole - page 3 OS such 2s disbursable by the oounty authorities. What me hate said, in connection with what we have heretoforo rnloaln Opinion Xo; G-3448, a copy of which opinion Ire hand you herewith, will sufficiently answer your inquiry, we trust. For your furthor information, hemeter, we sug- gest that, should sueh oounty official aocept and exeroise an office in the Arnlp, he would raeate his county office, under Section l2 of Article XVI of the COBStitUtiOn, as held by us imOp&nion Ho. 04343, corn of vhich is also attached hereto. . Ocle &fiber AssistaBt OS-&iR i B.. ipnclosure