No. V-0013 (1947).

Case DateFebruary 11, 1947
CourtTexas
Texas Attorney General Opinions 1947. No. V-0013 (1947). 1February 11, 1947Hon. Willis F. JettonCounty AttorneyGoliad CountyGoliad, TexasOpinion No. V-13Re: Maximum compensation that may be allowed county officials of Goliad County.Dear Sir:Your letter requesting an opinion from this Department on the above subject matter reads in part as follows:
"I would appreciate having the opinion of your office as to the maximum compensation allowed by law to the following county officials in counties containing 25000 or less inhabitants:
"County judge, county clerk, county attorney, district clerk, county treasurer and sheriff-tax collector and assessor (the office of sheriff-tax collector and assessor being combined in Goliad County as the population is less than 10000.)
"We have been unable to fully agree on the construction to be given Articles 3883, 3891, including paragraph 'a' thereof, 3895 and 3941 governing this question, and the County Judge has requested that I obtain an opinion from your office."
Goliad County has a population of 8,798 inhabitants according to the 1940 Federal Census, and its officials are compensated on a fee basis. Therefore, the compensation of said officials is governed by Articles 3883 and 3891, V.A.C.S.
Article 3883 reads in part as follows:
"Except as otherwise provided in this Act, the annual fees that may be retained by precinct, county and district officers mentioned in this Article shall be as follows:
2
"1. In counties containing twenty-five (25,000) thousand or less inhabitants: County Judge, District or Criminal District Attorney, Sheriff, County Clerk, County Attorney, District Clerk, Tax Collector, Tax Assessor, or the Assessor and Collector of Taxes, Twenty-four Hundred ($2400.00) Dollars each;. ..."
Article 3891 provides:
"Each officer named in this Chapter shall first out of the current fees of his office pay or be paid the amount allowed him under the provisions of Article 3883, together with the salaries of his assistants and deputies, and authorized expenses under Article 3899, and the amount necessary to cover costs of premium on whatever surety bond may be required by law. If the current fees of such office collected in any year be more than the amount needed to pay the amounts above specified, same shall be deemed excess fees, and shall be disposed of in the manner he reinafter
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