Untitled Texas Attorney General Opinion

V-984 | Tex. Att'y Gen. | Jul 2, 1950

THEATTORNEYGENERAL OFTEXA~ Sanuary 21, 1950 Eon. Parker Xllzey Oplnloa Ro. v-984. County Attorney Jim Wella County Re:The present maximum Alice, Texas aompenaatlonof pre- alnct offloera in Jim Wells County under Dear Sir: the subslittedfaota. Your request for an opinion 1s in part as fol- lows: "I would like your opinion on the quea- tlon of what 1s the maximum allowable salary for precinct offloers of Jim Wells County." Jla Wells Coulitthad a population of 20,239 inhabitants accordingto the last preoedlng Federal Cen- . Subsequent to yw request you advised us that the gcln&t officers were compensated on a "fee basis" in 1948. Aooordlag to the faeta,submltted,the precinct officers will be aompensatedon a salary basisi in 1950. Therefore, the salaries of the preulnat officers la Jim Wells County will be governed br Section 3 of Article 3912& V.C.S. (S.B.92,,Aotaslat Leg., 1949, ch.320, p. 601), which provides: "All of auah officer8 who were paid on 8 fee basis durlrg the flaoal year of 1948, and who are now to be paid on a salary basis, shall be paid an annual salary in twelve (12) equal lnatallmentsof not leas than the total sum earned as compen8ationby him In hls offlolal oapaolty for the flsorl rear of 1935, and not more than the maximum $01 allowed euch officer under the laws exlatln on August 24, 1948, together with tha~twener-five (2%) per cent Increase allowed br this Act within the dls- oretlon of the Comalarl~oners Court." The maximum a~ allwed reclnot officers un- der laws existing on August 24, 19t8, was governed by the provisions of Articles 3883and 3891, V.C.S. We quote those provisions of these articles which were Hon. Parker Elleey, page 2 (V-98$) applloeble to Jim Wells County in 1948: Art. 3883: 'except as otherwise provided in this Act, the annual fee8 that may be retained by precinct, county and dlatrlot offlcers men- tioned in this Article shall be aa followa: In oountlea oontainingtwenty five (25,Oiij thouaand or less inhabitants:Coun- ty Judge, District or Criminal District At- torney, Sheriff, County Clerk, County Attop- ney, District Clerk, Tax Collector,Tax As- aeasor, or the Assessor and Colleotor of Taxes. Twenty-fourHundred ($2400.00)Dol- lars &ach; Jixstlceof the Pi&e and iionsta- ble Twelve Hundred ($1200.00) D ollars eaoh. ephasls added) Art. 3891: deputies, and authorlaed~expenseaunder Art- 1010 3899, and the amount neoeasary to aover atits of premium on whatever surety bond may be required by law. If the current fees of such office collected in any year be more than the amount needed to pay the amounts above specified, same shall be deemed excess fees, and shall b&dlapoaed of in the manner hereinafter provided. "In oountlea containing twenty-iivethou- sand (25,000) or leaa inhabitants,District and County offloers named herein shall retain one- third of such exoeas fees until such one-third, to ther with the amounts specified in Artlole amounts to Three Thousand'Dollara($3,- F# . Precinct officers shall retain one-thlrd until auoh one-third.to&&her with the amount apeclfled in Article 3l5U3.amounts to Fourteen Hundred Dollars 014OOL., I . . . Ron. Parker ISllzeY,page 3 (v-984) "(a) The ~ommlaaionerrr Court Is hereby authorized,when in their judgment the finan- ala1 condition of tha county and the needs of the o?f%cera jtutlfy the increase, to enter an order increasingthe oompensatlonof the precinct, county and diat+lot officers la an additional amount not to exoeed twenty-five (25#) per coat &f the 808 allowed under the law for the fiscal year ef 1944, provided the total oompenaatlonauthorizedunder the law rCorthe fiscal year of 1$kb did n t sroeed titias" of ThLrtf-ak 8 rod (&OO.OO) Dal- . (Baphaaia adb& The maximua oom oeatlon of a pnoinat 'fioar I Jim Wells County in 19Y4 WI8 $1400.00. Arts.384 3 and 3891. Subdlviaioa (a) of AiMslo 3891 above quoted whlah waa effective In 1949, allowed 8; increase not'to oxceed twenty-fiveper oeratof the sum allowed under the law for the fiscal faar of I@I4. Therefore, the maximum compensationof a pa8,Lnst officer in Jim Wells Count &n 1948 was $1400.00 plw twenty-fiveper sent, or 413 50.- 00 ($1400 plus $350). Since the maximum oompensatlonof a reclnct offloer in Jim Wells County was $1750.00 in 19i8, the 8axleum salar now allowed a preelnot officer in that county is $17 9 0.00 plus twenty-fiveper cent, or $2187.- 50 01750 plus $437.5050). brt.39l2g, Sec. 3, V.C.S. SUHHARY The maximt8 oompensatlonof a preoiwt officer in oouatloa of less than 25,000 ln- habitanta acoordlq to the last precedl- Federal Census, who waa oompensated on a "fee basis" in 1948 and la now OolPgen88ted on a "salary baala" la $2187.50. Arts. 3883, 3691, and 39Xr;r, v~.C.S. APPROVED: Your8 very truly, J. C. Davla, Jr. PRICR DARlBL County Affairs Dlvlaivn Attorney General Charles D. Hathewa Bxecutlve Assistant JR:bh:mw Asslbtant