No. V-0067 (1947).

• Case Date: January 31, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0067 (1947). 1January 31, 1947Hon. Chas. A. ToschCounty AuditorDallas CountyDallas, TexasOpinion No. V-67Re: Authority of Constable of Precinct No. 1, Dallas County, to employ more than five (5) deputies.Dear Mr. Tosch:Your recent request for an opinion is substantially as follows:

"Can the Constable of Precinct No. 1 of Dallas County, Texas, employ more than five deputies under present statutes?

"The applicable statutes are Articles 3902 and 6879a of the Revised Civil Statutes of the State of Texas. Precinct No. 1, according to the 1940 Federal Census, has within its confines a great portion of the City of Dallas, together with the separate cities of Highland Park and University Park. The population of these cities is as follows:

"City of Dallas within Precinct

No. 1. .... .... ... 216,921

City of Highland Park. ... 10,288

City of University Park ... 14,458

"The Constable of Precinct No. 1 of Dallas County has heretofore been allowed five deputies on the basis of the population of the City of Dallas within the precinct being in excess of 40,000. The present constable has raised the question as to whether or not he is entitled to appoint four additional deputies, two for the City of University Park and two for the City of Highland Park, since these last two mentioned cities are separate municipalities and each has a population of more

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than 8,000 and less than 40,000 and are wholly within the confines of Precinct No. 1."

We have concluded that the opinion rendered by the District Attorney of Dallas County, and enclosed with your request, is correct. Article 3902, Vernon's Annotated Civil Statutes, provides in part as follows:

"Whenever any district county or precinct officer shall require the services of deputies, assistants or clerks in the performance of his duties he shall apply to the County Commissioners' court of his county for authority to appoint such deputies, assistants or clerks, stating by sworn application the number needed, the position to be filled and the amount to be paid. Said application shall be accompanied by a statement showing the probable receipts from fees, commissions and compensation to be collected by said office during the fiscal year and the probable disbursements which shall include all salaries and expenses of said office; and said court shall make its

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