No. V-0080 (1947).

• Case Date: March 08, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0080 (1947). 1March 8, 1947Hoe. C. J. WildeCounty AuditorNueces CountyCorpus Christi, TexasDear Sir:Opinion No. V-80Re: Authority of County Judge to employ Special Investigator to work out of his office; and the maximum salary which may be paid stenographer or Clerk of County Judge.The subject matter in your recent requests for opinions of this Department are so related that we feel that we can answer the same more accurately and with greater dispatch by combining your questions and rendering one opinion. We quote in part from each of your letters as follows:

"....there has been a request made by the County Judge that he be allowed a Special investigator to work out of his office and the salary for said Investigator to be paid out of the General Fund of Moeoes County.

"Will you therefore please advise this office whether or not it is possible to place a Deputy or Assistant in the office of the County Judge.

"Please advise as to what you consider the maximum salary that may be paid to the stenographer or clerk of the County Judge within Nueces County."

In answer to your first question, that is, whether or not the County Judge may be allowed a Special Investigator to work out of his office and the salary to be paid out of the General Fund of Nueces County, since there is no provision in the statutes for the appointment of a Special Investigator for the County Judge, it is the opinion of this Department that the same cannot legally be made.2Article 3902, V.A.C.S., is a general statute authorizing the appointment of deputies, assistants or clerks by any "district, county or precinct officer." The first sentence of said Article reads 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."

Section 3a of Article 3902, V.A.C.S., which attempted to authorize the County Judge of counties having a population of not less than 48,000 and not more than 49,000 inhabitants according to the proceeding Federal Census, to employ one person "as office assistant...