Case Information
*1
(1)FERCE OF
THE ATTOHNEY GENEHAL AUSTIN, TEXAS
WROVER UFER.ES XXXXXXXXXX
Honorable T. M. Trimble
First Assistant
State Superintendent of Public Instruction Austin, Texas
Dear Sir: Opinion No. 0-6778 Yes: Salaries of County Superintendents in counties having a sct:olastic population of less than 8,001.
Your request for opinion has been received and carefully considered by this department. We quote from your request as follows: "In a recent opinion which you gave to the County Attorney of Morris County you held that the County Superintendent of Schools of that County was entitled, in addition to the raise which was granted him as county superintendent of a county coming within his population bracket, but also an additional raise by the County Board as a result of their taking advantage of the following provision of the law- 'Provided, however, that in no instance shall the salaries as herein provided be more than six hundred Dollars ( ) increase over the present salaries for the same scholastic population bracket." "As the legal adviser for this Depart- ment will you instreat us as to whether we are to allow county superintendents in counties having soholastic populations of less than 8,001 a salary increase of a year, provided the county boards of trustees grant such an increase in salary." H. B. 292, 49th Legislature of Texas, reads in part as follows: "BE IT ENACTED BY THE LEGISLATURE OF THE STATT OF TEXAS.
*2 Mon. T. H. Trimble - Page 2 "Section 1. That Article 2700, Revised Civil Statutes, Texas, 1925, as amended by House Bill No. 328, Acts Forty-eichth Legislature, Regular Session, 1948, is amended to hereafter read as follows: "Section 1. Salary of County Superiorteadent. The elective County Superintendents of Public Instruction shall receive from the Available School Fund of their respective counties annual salaries based on the scholastic population of such counties as follows:
"Population Amount 3000 or less. ..... $2,400.00 3,001 to 4,000 ..... 2,600.00 4,001 to 5,000. ..... 2,600.00 5,001 to 6,000. ..... 2,000.00 6,001 to 7,000. ..... 3,200.00 7,001 to 8,000. ..... 3,400.00 ". . . Provided, however, in counties having less than eight thousand and one (8,001) seholatios, where the total expense for office assistants does not exceed Twenty-four Hundred Dollars ( 2,600) per annum by action of the County Board of Trastees. Provided, however, that in no instance shall the salaries as are herein provided be more than six Hundred Dollars ($600) increase over the present salaries, for the same seholastic population bracket."
The Governor filed House Bill 292, without his approval, in the office of the Secretary of State on June 25, and we have just obtained a copy of same. This bill was passed by the House by the following vote: Teas 180, Days 2, and the House censurred in Senate amendments by the following vote: Teas 184, Days 0. It was passed by the Senate by the following vote: Teas 28, Days 0. It is, therefore, in immediate effect, but there will be no funds with which to pay the increased salaries until after September 1, 1945. We quote the following from Section 1 of the Act:
"In making the annual budget for the county administrative expense, the County School Trastees shall make an allowance out of the State Available School Fund for the salary and expenses
*3 Hoz. T. M. Trimble - Page 3 for the offige of the county superintendent and the same shall be determined by the resident seholastie population of the ceunty. It shall be the duty of the County Board of Tresteen to file the budget for ceunty administration expense with the State Department of Reueation on or before September first of each seholastie year, the budget to be approved and certified to by the President of the County Board of Reueation and attested to by the County Superintendent. The compensation herein provided for abe11 be paid monthly upon the order of the countrysehool Tresteen; provided that the salary for the month of September shell not be paid until the county Superintendent presents a receipt from the state Superintendent showing that he has made all reports required of him."
Opinion No. 0-6623 of this departmeat (the Morria County opinion referred to in your letter) is in point and we think elearly answers the questions you have in mind. This opinion eanstrued H. B. 292, supra, and determined the maximum salary of the County Superintendent of Morria County under the feats stated. The request for opinion (in No.0-6623) was in part as follbws: "I have been requested by the County Superintendent of Morria County for an Inter- protation of House Bill No. 292 of the Forfynith Leghalature amenting Artiele 2780, Revised Civil Statutes, Texas, 1925, as aneeded by House Bill No. 328, Asta, Forty-eighth Leghalature, Regular Session, 1945, pertaining to the salaries of elective County Superintendents and other pro- visions. "The seholastie population of Morria County for the sehool year 1944-45 is 3011. The County Superintendent reeeived an annual salary of Two Thousand Dollars ( ) as provided by statute. The salary of the County Superintendent under House Bill 292 of the Forty-ninth Leghalature raises this salary to Twenty Six Hundred Dollars ( ) annually with a speelel eleuse of 5 eetion 1, allowing a further raise, which reads as follows: "Provided, however, in counties having less than eight thousand and one ( 8,001 ) seholasties, where the total expense, for office aepietents does not exceed Twenty Four Hundred Dollars ( ) per annum, the salary of the County Superintendent may be
*4 Horn. T. M. Trimble - Page 4 set at a sum not to exceed Thirty six Fundred Dollars ( ) per annum by action of the County Board of Trustees. Provided, however, that in no instance shall the salaries as are herein provided be more than six Fundred Dollars ( ) increase over the present salaries, for the same soholastic population bracket.' "The County Board of Trustees of Morris County voted unanimously to pay the County Super- intendent Thirty six Fundred Dollars ( ) annually taking this action under House Bill No. 292. The total expense for office assistants is eighteen Fundred Dollars ( ). "I would appreciate a ruling on the com- strustion to be placed on Section 1, of House Bill No. 292, Party-ninth Legislature, and especially that part reading: "Provided, however, that in no in- stance shall the salaries as herein provided be more than six Fundred Dollars ( ) in- crease over the present salaries for the same soholastic population bracket.' Insofar as it concerns the legality of the County Superintendent of Morris County receiving an annual salary of Thirty-six Fundred Dollars ( )." In answer to said request (No. 0-6623) we said: "This budget is for the school year beginnine September 1, 1948, The present budget for the Superintendent of Morris County was based on his salary of per annum and, therefore, no more than per month may be paid to him until the new budget for 1948-46 is in effect. You are, therefore, advised that no change is made by this law in the salary of the County Super- intendent until after September 1, 1948. "It is our further opinion that after such time (Sept. 1, 1948) and after the 1948-46 budget is in effect) the maximum salary which can be allowed to the County Superintendent of Morris County will be the sum of per month. This amount is based upon the maximum annual salary allowable under H. B. 292 which we hold to be the sum of per annum.
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"We also wish to clearly point out that salary increases for public officials are clearly prospective and are not retrospective. This has been the uniform holding of the courts and of this department. Therefore as pointed out above, when the salary increase becomes effective, the County Superintendent's salary (of Mo:ris County) cannot exceed the sum of $266.66 per month."
We enclose herewith a copy of Opinion No. 0-6623.
We think opinion No. 0-6623 is correct and we hereby confirm some.
Our construction of the above quoted provisions of H. B. 292 with reference to the salaries of the county superintendent affected thereby is shown by the schedule below.
Population
3,000 or less 3,001 to 4,000 4,001 to 5,000 5,001 to 6,000 6,001 to 7,000 9,001 to 8,000
Minimum Salary under H. B. 292
$2,400 2,600 2,800 5,000 5,200 3,400
$3,000 3,200 3,400 3,600
However, we wish to point out further that a County Board of Trustees may make such a salary increase as shown in the above schedule only when the total expense for office assistants in the County Superintendent's office in such a county does not exceed the sum of $2400.00 per annum.
Also, as pointed out more particularly in Opinion No. 0-6623, we changes are made in the salaries of said county superintendent until after September 1, 1945, and after the 1945-46 budget is in effect and also such salary increases are prospective and not retrospective.
Very truly yours
ATTORNEY CERERAL OF TEXAS
By /s/ km. J. Fanning Assistant
APPROVED AUG. 14, 1945 /s/ Carlos Ashley FIRST ASSISTANT ATTORNEY CERERAL APPROVED OPINION CONSITTER BY BKB. Chairman