Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN EoOorable J.nn3r Powell County Attorney Brown County Brownwood, %3x88 Dear Sir: Opinion Re: Is to We h8Ye reocived ted Nwember 7, 1939, wherein you request this departmnt upon the above stated ques ivil Statutes of Texas, 1926, re of one-half of actual oash re- tor, administra- pon the apprwal the final settle- aocount of such exeoutor, or guardian, but no E'sUch COrnmiSsiOn Shall on any amount received by administrator or There Is no limitation in the wsr Risk Insurance dot placed upon the fee or COnnnissiOn Of the COUntJI judge in the administration of the proceeds of a Government War Risk Insurance Policy, and it is clear that the One-half of one per cent collected by the county judge from addn- istrators in Compliance with the 8bOVe Article comes with- Eonorable J. Piner Powell, Page 2 in the term 'fees and COmmissions*. bxorcling to the last preceding Federal census Brown Qounty has a population Of 26,382, and, therefore, the oounty judge Of Brown County is on a salary basis. Inaesuch 88 the County judge of yOUr County is on 8 S8lq basis, he would not be entitled to retain any fees ool-.. leoted by him, but sust deposit them in accordenoe with .' Seotion 5 of Art&l% 3912%, which reads, in part, 8s tol- lows1 *It shall he the duty of all offi- oers to charge and ooll0ct in the man- ner authorized by law 811 f%%S and cow missions which are permitted by law to be assessed & colleoted for 811 Offi- cd.81 servioe performed by them. As anb when such fees are oollected, they shall be deposited in the Officers Salary Fund, or fund provided in this Act." Therefore, you are respectfully advised that it is the opinion of this department that the county judge of Brown County is entitled to charge the Commission of one- half of one per sent where the only moneys in an estate are the proceeds of Government War Risk Insurance. Trusting that the foregoing satisfactorily answers your inquiry, we remain Yours very truly ATTORREY GEBERAL GF T-XAS DBDtFG &%a) D. Burl0 Daviss Assistant APPROVED NW. 21, 1939 Signed) G8r8ld c. 1riaIU1 d TTORNZY GENERAL OF TEXAS APPBOWED -- OpiniOn COlmrdtt88 By B.W.B. -Chairman