No. V-0092 (1947).

• Case Date: March 20, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0092 (1947). 1March 20, 1947Hon. Royce WhittenCounty AttorneyLamar CountyParis, TexasOpinion No. V-92Re: Authority of the Commissioners' Court to determine sheriff's bond and pay premiums on official bonds of sheriff's deputies in salary counties.Dear Mr. Whitten:Your recent request for an opinion of this Department reads as follows:

"Please advise me as to whether or not the County Auditor or Commissioners' Court has authority to set the amount of the Sheriff and his deputies official bonds.

"I call your attention to excerpt of your Department's Opinion No. 0--5110, To: Ray Winder, County Attorney, Cooke County; Date, February 18, 1943. This doesn't answer my question in that said excerpt reads in part that the Sheriff may require his deputies to execute surety bonds but my inquiry is when such Sheriff requires his three riding deputies. Chief Deputy and Day Jailer to make bonds in the sum of $5000.00 each, his Night Jailer, $1000.00, together with his own in the amount of $12,000, what right, if any, does the County Auditor and/or Commissioners' Court have to refuse paying such premium?"

Article 6866, R. C. S. of Texas, provides in part as follows:

"Every person elected to the office of sheriff shall, before entering upon the duties of his office, give a bond with two or more good and sufficient sureties, to be approved by the Commissioners' Court of his county, or such sum as may be directed by such court, not less than $5000.00 nor more than $30,000.00,

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payable to the Governor and his successors in office, conditioned that he will account for and pay over to the persons authorized by law to receive the same, all fines, forfeitures and penalties that he may collect for the use of the State or any county. ..."

Article 6870, Revised Civil Statutes of Texas provides as follows:

"Sheriffs shall be responsible for the official acts of their deputies, and they shall have power to require from their deputies bond and security; and they shall have the same remedies against their deputies and sureties as any person can have against a sheriff and his sureties."

By virtue of the above authorities, the Commissioners' Court shall approve the bond of the sheriff in an amount not less than $5000.00 nor more than $30,000.00, to be determined by the Commissioners' Court. Further...