Case Information
PRiCE DASIEL March ATTORSEY GESZRAL
Hon. R. E. Beasley, oplnlon No. v-521 ; County Audzltor :
Collln county Re: Maxbuum compensation MoKlnnep,' Texas I : of Justices of the Peace In Collin Coun-
ts*
Dear Sir:
You have requested this office to reirder an opinion on the above subject matter In answer to the following questions:
“1. What is the mixlmum fees that a if:;;:; of the Peace in Collln County may
. : "2. What application, .if any, is to be made of Article 3891, as to a Justice of the Peace in Collln County since the 1945 revision of Article 3883, Sectlon.3?"
Collin County has a population of 47,190 in- habitants aacording to the last preceding Federal Cen- -sus, and its precinct officers are compensated on a fee basis.
Article V. C. S., as amended by Senate Bill 209, Aats of the 43rd'Leglslature, 1933, page.734, proyided, in part, as follows8 ,'
“3. In counties containing as many as thirty-seven thousand five hundred and one (37,501) and not more than sixty thou- sand (60,000) Inhabitants, or containing ..~ " : a cltg of over twenty-five thousand (25,- 000) Inhabitants: County Judge, District Criminal District Attorney, Sheriff, County Clerk, County Attorney, District Clerk, Tax Collector, Tax Assessor, the Assessor and Collector of Tsxes, ThiFty- five Hundred ($3500.00) Dollars.each; Jus- tice of the Peace and Constable, Einhteen *2 Hoi~ R~. 2. Beasley, page 2 (V-521)
Hundred (318000.00) Dollars each." (Emphasis OWS)
Article 3891 V. C. S.; as amended by House 595, Acts of the 44th Legislature, 1935, provided, a111 in part, as follows:
"Each officer named in this Chapter shall first out of the current fees of Ns office Day be ?Jaid the amount allowed 'i.l,L,,.,.... ,, himunder the provisions of Article 3883,.. ‘~:,
.tog&ther.wlth the salaries of his assis- ~,':,!i,::G
tants and deputies, and authorized expenses under Arf;lcle 3899, and the amount neces- sary to cover costs of premium on whatever surety bond may be required by law. If the. i:::~ci current fees of such office collected In any year be more than the amount needed to -,,, :pay the amounts ab@+zipeoifled; same shall -,, . ', be deemed excess-fees;'&nd shall b,e.dispoi-' .,.t.l'.
ed of In the manner hereinafter provldkd.
!In cotiti& contaikg as n&y 89, .p,Iil l&L&y-seven thotisand; five hundred and.
one (37,501) and not more than sixty thou-!"' sand.(60,000), containing a city of over fwenty-five tQousatid (25,000) inhab- .,,: ltants, district zind.kotity officers nam- ed herein shall retaln,'on&-third of such. .:.'- ', i excess fees until such one-third, togeth- er with the amount specified in,Article . 3883; amounts to FortvL$wo Rundred and .~_ Fifty- Dollars ($4250). Precinct officers ." ".I ,:
shall retain one-third until such one-third,', : .: toaether-
cle 3883, amounts to Twenty-two Hundred bollars ($2200):: (Emphasis ours)
Article 3883, V. C. 31, was amended ln.i&' b House Bill 549, Acts of the.49th Legislature, page 5x1 so as to allow Justices.of the Peace'and consta- ble; $2400.00.ea~h~ Article':3891 was also amended in. 1945 b Senate Bill 123,.A&s'qf the 4gth'LeglslatWe, ;;t;o; 4, by adding.?0 Artlc~B.3891 the follotiing pro- 5: :" ', a
"The ~o&nls~~&ers Court Is hereby. I,~' authorlz6d,~,.whe~ in,thelr judgment 'the 1. flnancla&'~condltion: of.,$he county and the. : i..',
I. . .' . '. .~. '. ; 'i, :... ,. ~. . * ., _ *3 . .
,’ ~a. R. B. Beasley, page~'4 '(v-521) ' " "' ' IS $2750.00. Article'3891, however, ,'I
di:s not affect the base fees of Justices of the Peace until the Commissioners1 Court of Collin County has allowed the increase provfded for in Senate Bill 123, Acts of the 49th Legislature, page 244.
Youq very truly, ':A!M'ORNEY GEXERAL OF TEXAS .,,,~,
JR:m- I _ ‘.
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