Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS ’ AUSTIN Honorable C. T. W.lda ColultymdAtor Nueces Courlty Corpus Christi, Tams Dear sir: to proteat ~fundsoolleatad by tha amntg offiaials aountlss. Seation 4 of Artisle 3912e of the Revised CitN Sti- tutea, provides as iallows: i *In all eounties of this state aantainirrga populatfonof less than U40,OOO Inhabitantsaaaord- lng to the last preasa* Federal census, mh8ld.n the county or preainct offleers are wmpanSaf@ on a salary basis under the pwrvfsions of.this &at, : &on. C. J. Ulde, Fsge 2 there shall be created a fund to be known as the Officers'Salary Fund of County, Texas. Such fund shall be kept separate and apart from all other county funds, and .shdll be held and disbursed for the purpose of paying the salaries of ofilaers and the salaries of deputies, assis- tants and clerks of oftiaerswho are drawinga salary frozesaid fund under the pmvisions of this Act, and to pay the authorizedexpenses of their ottices. Such fund shall be deposited in the oounty depmltory and shall be protected to the extent as other county fWtds.,* fn view of Section 5 ot the Artiale above quoted it is our opinion that all moneys aolleeted by parlous aounty officials, should, as end when oolleated,be deposited in the various funds to whiah they rightfully belong, In the county depository. _ lion.c. 5. t;;lldc* RI@ 3 Section 4 of irtiale 39X%, provides that the Offi- cers* Salary Fund shall be deposited in the county depository &nd further providesthat it shall be protected to the same extent as other county funds. Ne flnd no provision for the proteation of funds collected by dffioials otthe county s!hIch.aredeposited in their own name, Insofar as the proteo- tion afforded by the county depository bond is aonaerned, during the time such funds are retained by such ofYioia.ls. It is tlmrefore,our opinion that the aacounts in the mm86 of'the various county ofiioLal6 sr8 not proteotad by the bond of the aouuty depository. ATTOFIHEY GEk=RALOF T=&