June 1, 1951 Hon. Gordon L. Hollon OpinionNo. V-1177. CountyAttorney Kendallcounty Re: Compensationof a countyjudge Boerne,Texas on a fee basis who is also ex officiocounty superintendent. Dear sir: Your requestfor an opinionpresentsthe followingtwo questions: 1. Does the law requirethe compensationreceived by a countyjudge as ex officiocounty school superin- tendentto be includedin the annual reportas a portion of the maximumfees to be retainedby him? 2. Is the county juage'requiredto reportcompen- sationreceivedas ex officiocounty superintendent adi expensescollectedby him fop travel? KendallCounty compensatesits ccUnt,y officerson a fee basis. 'Ithas been codstently held in prior opinionsof this officethat the compensationreceivedas ex officiocounty superin- tendentby a county judge compensatedon a fee basis must be in- elu&zd in computfnghis maximum compensation,and the countyjudge is not eptitledto compensationas ex officiocounty superintendent over and above his maximumallowed. The coudy judgemust account for said ex officiocompensationin arrivingat hM maximum. Att'y &no ops, o-67 (igjg),o-263 (igjg),o-iglg (lg4,o), 0-3026 (194x), O-5251 <:1943),o-6365 (194, o-6749 (@+5). It has been likewiseheld that the travelingexpenseal- lowed the countyjudge as ex officiocounty superintendent should be shown on his monthlyreportas requiredby Article3899, V.C+S. Att'y Gen. Op. O-l.277(1939). You are thereforein ani3werto your first questionad- vised that the compensstti alloWe&the county judge as ex officio county s?~perintendent is ts be includedIn computtighis maximum eDmpensat%onallowedby law, Hon. Gordon L. Hollon,page 2 (V-1177) You are advisedin answerto your secondquestionthat the county judge must Includein his report,as requiredby Article3899, the compensationand travelingexpensehe has receivedas ex officio county superintendent. SUMMARY Compens.+d.onreceivedas ex officiocounty superin- tendentby a county judge compensatedon a fee basis must be includedin computinghis maximum compensation, and the county judge is not entitledto compensationas ex officiocounty superintendent over and above his maximum allowedby law. The county judge must includein his re- port, as requiredby Article3699, the compensationand travelingexpensehe has receivedas ex officiocounty superintendent.Att'y Gen. Ops. o-67 (19X3),0-263 (1939), O-1919 (l&O), 0-3026 (19&l),O-5251 (1943),O-6365 (1945), o-6749 (1945). APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DANIEL CountyAffairsDivision AttorneyGeneral Jesse P. Luton,Jr. ReviewingAssistant CharlesD. Mathews First Assistant JR:mw:pwb