Texas Attorney General Opinion: O-1202 Page: 2 of 3
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Hon. R. C. Milson, Page 2
Article 1896, R. C. S. of Texas, supra, provides
that the District Clerk Pro Tempore take an oath and enter
into bond for the faithful performance of his duties under
such appointment, and that such appointee shall perform each
duty required by law of the clerk in the particular suit,
motion or proceeding in which he may be entitled.
We are therefore of the opinion that a District
Clerk Pro Tempore, although his tenure is temporarY and
provisional under Article 1896, Revised Civil Statutes,
nevertheless is a District Clerk, and is entitled to the
compensation allowed by law to District Clerks.
Your question, apparently, as never been passed
on either by the courts or by this deMrtment, however,
opinion No. 0-722 of this department passes upon a question,
analogous in some respects.
Opinion No. 0-722, holds that in a county where
the county officers are compensated on a salary basis, that
a special county judge whether serving in a general capacity
or in.a probate capacity only should be compensated on the
following basis: the annual salary of the judge of the
county court divided by 365 and the quotient multiplied by
the number of days actually served by such special judge.
The opinion further held tat this compensation should be
paid from the Officers' Salary Fund of the county. We en-
close, herewith, a copy of opinion No. 0-722 of this depart-
You are respectfully advised that it is the opin-
ion of this department, that in counties where the District
Clerk is compensated on a salary basis under the Officers'
Salary Law, the Pro Tempore District Clerk appointed under
the provisions of Article 1896, Revised Civil Statutes of
Texas, should be compensated on the following basis: the
annual salary of the District Clerk should be divided by
365 and the quotient multiplied b- the number of days
actually served by such Pro Tempore District Clerk. This
compensation should be paid to the Pro Tempore District
Clerk from the Officers' Salary Fund. All fees and monies
collected by the Pro Tempore District Clerk by virtue of
his appointment and duties should be paid into the Officers'
Salary Fund of the county.
You are further respectfully advised, that it is
the opinion of this department, that in counties where the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1202, text, 1939; (texashistory.unt.edu/ark:/67531/metapth258385/m1/2/: accessed February 17, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.