Texas Attorney General Opinion: O-2972A Page: 1 of 3
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GERALD C. MANN
ArrONmNE GENERAL
Honorable . H. Griffin
County Attorney
young County
Graham, Texas
Dear Sirt Opinion No. 0-272-A
Rot Reconsideratoa-.pT Opihton
No. 0-2972.
Your letter of aanuary,18, 1943, regarding'the
above mentionad opinion, in efftotOallt \for a reconsidera-
tion of said opinion No. 0-2972. ife qUote from your letter
as follows:
"The County Auditor an& I hare been attempt-
ing to reconcile your opinionnumber 0-2972, de-
livered January Z 1941, with Binfozd vs. Iarris
County, 261 S. .. 3 and. odiKtnn vs. Collings-
worth county,4-./59. . 'Q (2,234. A6 I construe
the above citd dases thiy h6ld that the 150 paid
the Sheriff uui&r eetion of Article 1040 COP
is not a fee oof 'tffie and/dop not have to be
aoce nt Tor by baid\*tfloqt. Your opinion above
meant nto hA o t e oo 9ay.
lease gtise a' hioh of these authorities
soul& be followi4. In so far as I have been able
to determine your opinion has never been, by your
departaeat, moiftid or reversed."
Whn opinion No. 0-2972 was written we carefully
considered the _oages of Harris County v. Hammond et al., 203
S. Wv. 445; Binford v. Harris County, 261 S. W. 535; Nolan
County v. Yarbrough, 34 3. 1. (2) 302, and the authorities
cited therein and recognized that these oases held, among
other things, that the fifteen cents provided for under Seo-
tion 1 of Article 1040, Vernon's Annotated Code of Criminal
Procedure, did not constitute a fee of office that had to be
aooounted for as such. However, in view of Artiloe 3891,NO COMMUNICATION IS TO BE CONSTRUED AS A DEPARTMENTAL OPINION UNLESS APPROVED BY THE ATTORNEY GENERAL OR FIRST ASSISTANT
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-2972A, text, 1941; (https://texashistory.unt.edu/ark:/67531/metapth260196/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.