Case Information
*1 The Attorney General of Texas December 31, 1982 MARK WHITE
Attorney General
Supreme Austin, TAX [51214752501] Tekwxier P. 0. Box 12548 9101874.1387 TX. 78711. Court Building 5121475.0286 [2548] Paris, Texas Honorable Tom Wells, Courthouse Lamar County Attorney 75460 Juvenile Probation Officers Re: Opinion No. MW-587 Salary of Lamar County
Dear Mr. Wells: 2141742.8944 1607 Main St., Suite Dallas. TX. 75201.4709 You have asked to approve by the county the salary juvenile the Lamar County Commissioners of the board. juvenile probation Court as 4824 Alberta Ave.. Suite 160 Prior to the passage of article 5138d. V.T.C.S., in 1981, article El Paso, TX. 79905-2793 5142 et seq. governed of juvenile officers of 9151533.3484 particular jurisdictions. Article 5142d provides "shall recommend the salary to be paid [the] Juvenile Officer... 1220 Dallas Ave., Suite 202 which salary shall be approved the Commissioners Court...." Houston, TX. 770026986 (Emphasis added). Under this provision, set by the 7131650-0666 board are not final but conditioned upon the approval of Attorney General Opinion H-1296 (1978). See 806 Broadway, Suite 312 also Attorney General Opinion MW-15 (1979) (same result for counties Lubbock, TX. 79401-3479 covered by article 5142b, which provides that salaries be "fixed 8061747.5238 the Juvenile Board subject to the approval of the County Commissioners
Court").
4309 N. Tenth. Suite B
MCAI~~, TX. 78501.1685 However, in 1981 the Texas Legislature acted to improve 5121882.4547 throughout the state. As a counterpart
Adult Probation Commission, see Code of Criminal Procedure article the Texas Juvenile Probation Commission was created to provide 200 Main Plaza, Suite 400 state aid to local boards and to set standards San Antonio, TX. 76205-2797 5121225-4191 officers. See Human Resources Code §75.001 et seq. In addition,
legislatureprovided establishment county j"W"iLS departments by enacting 5138d, which reads in An Equal Opportunityl pertinent part: Affirmative Action Employer
(b) In all Texas counties, the juvenile court may, with if there the advice and consent of the commissioners and designate employ
administrative,
p.
, (~~-587) - Page 2 clerical personnel who are necessary to provide services according to the standards established by the Texas Juvenile Probation Commission and the needs of the local jurisdiction as determined by the if there the This determination, inconsistent with established laws governing the creation of a department a particular jurisdiction, supersedes and controls over those statutory provisions. (Emphasis added).
The legislature thus expressly provides compensation the under article 5138d overrules salary determinations made under all other statutory provisions -- including 5142d.
In Commissioners Court of Lubbock County v. Martin, 471 S.W.2d (Tex. - Amarillo 1971, writ ref’d n.r.e.) civ. APP. Commissioners Court of Hays County v. District Judge, 506 S.W.2d 630 (Tex. Civ. App. - Austin 1974, writ ref’d n.r.e.), the courts con- strued an almost identical standard for setting of adult under article 42.12, section 10 of the Code of Criminal Procedure. At that time, article section 10 provided:
[T]he district judge or district judges... are authorized, with the advice and consent the commissioners court as hereinafter provided, employ and designate the of probation officers, and such admini-
strative, clerical, other personnel as may be necessary....
Given legislative purpose create district-wide services and the intent to place the responsibility
supervision within the district courts, the courts concluded that this statutory language judges merely to consult with court in preparing the probation budget; conrmissioners court was not authorized to reject the budget submitted the district unless the budget was so unreasonable, arbitrary, or capricious as to amount to an abuse of judges’ discretion. 471 S.W.2d 107-08. See also Commissioners Court of Hays County, supra, at 635; Attorney General Opinion M-393 (1969).
In enacting statutes, legislature is presumed to have taken notice court decisions construing prior analogous statutes; construction of similar language will be read into subsequent statutes. United Savings Association of Texas v. Vandygriff, S.W.Zd 163, 169 (Tex. Civ. App. - Austin 1980, writ ref’d n.r.e.). We are therefore of the opinion that article 5138d confers upon juvenile
p. 2180 . - Page 3 (MW-587) (the administrative units of the judiciary), or in the absence of such boards, courts themselves, the same authority salaries personnel the adult statute conferred upon district regarding of adult probation personnel. This conclusion in accord with recent Texas court decisions which recognize inherent power of a court to compel the payment of reasonable sums of money needed to carry out responsibilities, independently
branches of government. See Vondy v. Commissioners Court of Uvalde County, 620 S.W.2d 104, 109-10 (Tex. 1981); Commissioners Court of Lubbock County v. Martin, supra. at 110 (district court would have the power to appoint probation personnel and set their if such action is necessary the effective administration the court's business). See also Noble County Council v. State, 125 N.E.2d 709, 714 (Ind. 1955).
SUMMARY The commissioners court must budget and pay the salary of the as set by board or absent a clear abuse of discretion.
MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Patricia Hinojosa
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison. Chairman
Jon Bible
Rick Gilpin
George Gray
Patricia Hinojosa
Jim Moellinger
P. 2181