Case Information
*1 9‘aE Avro~N~y GENERAL
OF TEXAS
Fcnorablo I-Inrvey (1. Hoossr
County Attorney
. 0. Fox 722
'3ig Spring, 'Foxas
+mr Sir:
Opinion \io. o-7535 RR: Whether justices of ,thpl poaas H!id nonS~sblo8 of nol~:it:~s having mcr~ than 20,000 popu:lation may be pnid either by fees or salary and thrt maximum salary for suoh offioials,
This department has rocoived your request dated December 6, :].94c,. ycur lettier states in part:
"'Article No. 391?0 in Section I~ics, 1 and 2 are nn,t nxnct,ly clew. I want to know if in Counties of nvxw than 70,000 pnpu?pkticn nan they either Ix paid by fees or by srxilary, I !i:r;o ,it snys ,tha~t 20,000 or less it can 1:o.
'%I11 district officers in Me “tntn oT Texas md all county officars in counties hnvi:ig a popri'iutirrui of ::O,OOO or more, scow-ding to the then last. prenoding ?odornl :~:onsil:; ~ shnI.1 fram .tha first day of January and ttweuftor, wd subsequr~~~t~ to t,hn first Rogtilar or Special Session of the !;egislature ~ft:er the adoption of thj~s Resolutior,, be compensated on a salary basis. In al,1 counties in this State, the Ccnmissicnsrs 1 Court shall be a~h?&sd to determine whether preoinut officera shall he oompensated on 8 fee basis or on a salary lmsis; and in courrties having 8 populat?cn of 108~ than 20,000, according to the then last prnceding i'edornl Census. the Commissioners' Court shall alsc have the authorj,ty to determine whether county officers shall ba ccmpe:nsated on a fee I:n:;is or on a salary basis,'" (Underscoring ours) Seotions 1 and 2 of Arti.clf 3'3120, V. A. C. Se, follow the intewtion of the oonstitutional provisior.
Hon. Harvey C. Homer - Page 2 O-7536
a
You will note that all. cc-w~iirs may determine whether preoinct oftj.cors sh:*ll --,-,_ .- ?M oompensated on afeo or salary basis.
Seotion 17 of Article 391% prov:.dass
q(a). The t erm 'i‘recinot Offierst as used in this Act means $wtioes of the peace and constablns a 0 . j) "
""(b). In counties vinero it shall have been deter&nod that crooj?ct officers shall be compensated on an aanual salary basis it shall Fe the duty of the Conunissio?.ars' Court of sucYh oowty to fix the salary al>.ov;ed to such of'fiers. Xach of said officers shall be paid in mozay w: ann.xl salary in twelve (12) equal instnllments of not less than the total. sum earned as compensatioxl earned by him in his official capaoity for the fiscal year 1935 and not more than the maximum amount alloved s!ich officer under laws existirig ~:ugust 24, 1935,"
These laws are quo-led for your guidance:
Article 3883, V. .;,. C, So,: "Except as otherwise provided in this Aat, the annuals fees that may 'Y? retained by precinct, oounty and d:i,si;rict offioers merrtior:ed 2:~ thq.8 ~'rticle shall be as follows:
Article 3891, V, .F. :', S.,s
"Eaah offioer named in this Chapter shall first;onk of tha ~irrw-~i; foes of ~SS offioe pay or be paid the amowt al:lowed hi-n under ~ti~n provisions of t:rticle 3883, together with the salaries of his assistants aad deputies, and authorized expenses under Article 3899, and the amount neaessary to cover costs of premium on whatever surety bond may M required by law. If the current fess of siich office collected in any year be more than the amount needed to pay the amounts above specified, same shall be demed excess fess, and shall be disposed of in the manner hereinafter provided.
"in oounties containing twenty-five thousand (25,000) or less inhabitants, Di&ri& and County officers named hsr~jnshall retain one-,third of such ~xobss fees until suoh one-third, together with the amounts specified in Article 3883, amounts to Three Thousand Dollars ($3,000). Precinct officers shall retain one-third until such one-third, together with the amount specified in &tiale 3883, amountsto Fourteen Hundred Dollars (?1400.00)." *+ * * *
Hon. Harvey C. Hooser - Page 3
“(a) I’he I:ommissioners Court is h,erol:!y authorized, when in their judgment the finac,cial condition of the county wd the needs of the officers justify the increase, to enter an ardor incraasi.og the compensation of the precinct, oounty and district officers in an additional. amount not to exoeed twenty- f,ive (25%) per oent of the sum alLowed under the law for the fiscnl year of lS44, provided the total oomponsation authorized under the law for ‘the fiscal year of 1944 did not exoeed the sum af Thirty-six Hundred (%5600,00) Dollars.” %‘e belisve that the foregoing provisions of the Constitution and Statutes of the State of Texas set forth with suffi~ci.ont olari.ty the enswsrs to your request.
Tsr
C’illiam I?. Ibsnloy, Jr.
Assistant