Reference is made to your recent request which reads, in part, as Sollows:

"Dces the Commissioners Court have the right to reduce the County Health Officer's salary from $100.00 to $25.00 before the end of his two year eppointive term?

"At the first meeting of e Commissioners Court of Va1 Verde County, Texas, Dr. R. N. Grdem war appointed County Health Officer for rr two year term, beginnin January 1, 1947 and ending January 1, & 19 9. Although no reason was given f’or their action the Commisr3~oners Court reduced the County Health Officer'c anlery from $1.00.00 per month to $25.00 per month at a reguI.ar1.y monthly meeting held during the month of. August, and effective September I., 1948." Artic1.e 4423, V. C. S. is A% follows: "The commissioners court by a majority vote in each organized county shall bienninl- l.y a~ppoint A proper person for the office of county health officer for his county, who ehal~l hold office for two years. saia coun- ty health officer shall taice end subscribe to the officiel oath, and shall file a copy of such oath and a copy of his appointment with the Texas State Board of Health; and, *2 .I i Hon. DouglBs A. Newton, page 2 (V-709) \

until such copies are so filed, said officer shsll not be deemed legally qualified. Com- pensstion of seid county heslth officer shall be fixed by the commissioners. court; provided, that no compensation or salary shall be allow- ed e~xcept for services actually rendered."

In 34 Tex. Jur. 526, it IS provided that: "In the absence of any constitutional limitation, the Legislature may lower or raise the selaries or fees of officers, even during the term for which an officer has been elected or appointed; and it may diminish and distribute unearned official fees as it deems just. Also, where the commissioners' court has vower to fix the comoensetion of an offi- cer, it mBy change the amount at Bny time, even during his term of office. [Emphasis Bdaed)

In the case of Baxter v. Rusk County, 11 S.W.

(26) 648, it was held that:

"Commlsaloners~ Court may at any time fix compensation of county treasurer for re- ceiving and disbursing public moneys, sub- ject to limitation that order fixing percent- Bge of compensation will not be effective to reduce compensation earned for past 8ervices.B

Since there is no constitutional or statutory provision limiting the power of the Commissioners' Court to fix the compensation of the County Health Officer and in view of the foregoing, it is our opinion that the Com- missioners' Court may reduce the County Health Officer's sslarg from $100.00 to $25.00 per month before the end of his two year appointive term.

SUMMARY The Commissioners' Court may reduce the salary of the County Health Officer from $100.00 to $25.00 per month before the end *3 Ron. Douglas A. I?ewton, page 3 (V-709)

of his two~year appointive.term. 34 Tex. Jur. 526; Baxter v. Rusk County, 11 S.W. (2d) 648.

Yours very truly, ATTORNEY GENERAL OF TEXAS BA:mw

APPROVED: ATTORNEY GEWRAL