Texas Attorney General Opinion: O-1449 Page: 2 of 5
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Hon. Gilbert Smith, page 2
The first sentence of said article reads as fol-
"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 commission-
er's court of his county for authority to ap-
point such deputies, assistants or clerks, stat-
ing by sworn application the number needed, the
position to be filled and the amount to be paid
Section 3a of Article 3902, Vernon's Annotated
Civil Statutes, referred to in yoir letter, which attempt-
ed 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 preceding Federal
Census, to employ one person as office assistant, book-
keeper and stenographer", has been declared void and un-
constitutional by this department in opinion No. 0-364
by the Honorable Ardell Williams, Assistant Attorney
Section 3a of Article 3902 having been held un-
constitutional, the 46th Legislature during its regular
session passed Article 3903c, Vernon's Annotated Civil
Statutes, which reads as follows:
"That the County Judge in all counties in
Texas having a population of not less than forty-
eight thousand, six hundred (48,600) nor more than
forty-nine thousand (49,000) according to the last
preceding or any future Federal Census be em-
powered to appoint an Assistant.
"The salary of such Assistant shall be in an
amount not to exceed Eighteen Hundred Dollars
($1800) per annum and shall be subject to the
consent and approval of the Commissioners Court
of such counties. Acts 1939, 46th Leg., H. B.
The question of the constitutionality of Article
3903c is not before us in this opinion, and it is not ne-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1449, text, 1939; (texashistory.unt.edu/ark:/67531/metapth258635/m1/2/: accessed November 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.