*1 *,’ OFFICE OF
4 THE AIYTORNEY GENE=
AUSTIN. TEXAS
PRICE DANIEL February 27, 1948 ~+ORNEY GENERAL Ron. Alfred M. Clyde NO. v-512 opinion
District Attorney
Tarrant County Re: Compensation of County Fort Worth, Texas Judge of Tarrant Coun-
ty.~ .Dear Sir:
Your request for an opinion from this office on the above subjeot matter is as follows:
"A question conoernlng the salary
of the County Judge of this county has
been presented by the County Auditor for
determination. The facts are as follows:
nArt. 3912e-1 as amended by the 49th
Legislature Acts 1945, provides in part:
wlThe County Judge of such coun-
ties shall each receive a salary of
$7400.00 per annum In lieu of all other
compensation now provided by law.'
"At the time of the passage of that
amendment the County Ju e of tbls coun-
ty received a salary of 7 6500.00 per year
and'an additional $900.00 per gear’under 2:. ;i142b, Set's 2 and 15, which provide:
.
"'The Juvenile Board of such couu-
ties shall be composed of the Judges of
the several Dlstrl@ and Criminal Dls-
trict Courts thereof together with the
County Judge thereof.' :
"Sec. 15 of the same act provides:
"'The members composing said juven-
ile,board in such counties, on account of
the additional duties hereby imposed on
them are each hereby allowed an addition-
Hon. Alfred M. Clyde, page 2 (V-512)
al compensation of $75.00 per month to be paid by the Commissioners' Court in such counties, and the same to be in ad- dition to all compensation now allowed by law to such officers.' nArt. 5142b was enacted by the 45th Legislature in 1937.
"From Januae 1, 1946, to date the County ,Judge of this County has been paid on the basis of $7400.00 per year with no additional compensation.
"The 50th Legislature in Art. 38838 with reference to counties of 145,000 to 250,000, $.n which bracket this county falls, provided in Sec. 2 of that Act: "'The County Judge, Sheriff, Dls- trict Attorney, or Criminal District at- torney, as the case may be, the District Clerk, County Clerk, and Assessor and Collector of Taxes shall receive a sal- ary .of, not less than $7400.00 per annum from.the officers' salary fund in such counties.'
"!@e County Judge here, proceeding under that act, applied for an increase of $lCiOO.OO per annum effective January 1, 1948. Such increase was disapproved by the Commissioners' Court. Bow the County Judge is asking that he be paid the $75.00 per month as provided in 5142b set out above. In explanation, the present County Judge was the holder of that office at the time of the amend- ment to Art. 3912e-1.
"It is the opiliion of this bfflce that the 49th Legislature amended Art. 3912e-1 with the intention that the County Judge in counties of 225,000 to 500,000 should receive as total comoen- sation $7400.00 per year and expressly provided that to avoid the payment of the compensation as called for in Art. 5142b for members of the Juvenile Board. *3 221
Eon. Alfred M. Clyde, page 3 (V-512) It Is also our opinion that Art. 38838
placed a minimum on the salar,leq to be
paid certain county officials &&If an additional compensation were to be paid
It would only be through the consent and
authority of the Commissioners' Court and such payment would be discretionary
with them. Therefore, it is our opinion
that the County Judge of Tarrant County
is receiving at this time the maximum
salary authorized by law until such time
as the Commissionerat Court by proper
order authorizes the payment of an addi-
t10na1 sum.
"I would appreciate the opinion of
your offlce on the above subject and un-
til such~time as I receive an opinion
from you, I am sending a copy of this opinion to our County Auditor for his
guidance. Thanking you in advance and
with kindest personal regards, I remain."
Section 15 of Article.5142b, V. C. S., *as
held unctinstitutional by Attorney General's Opinion Ho.
O-3777, a copy of which ls'enclose$. Therefore, It is unnecessary for this office to determine the appllca- bllity of this section to the question presented in
your inquiry.
Article 3912e-1, V. C. S., (applipable to
counties having a population of 225,000 or more and
less than 500,000 Inhabitants according to the last preceding Federal Censds) was amended by H/B. 241, Acts of the 49th Legislature, 1945, and provided that the Count Judge of such counties should receive a sal- Ii. B. 241 was then~amended ary of $7 00.00 per anuum.
by the same Legislature by H. B. 849. However,~ It con- tained a similar provision with reference to the COmty
Judge's salary. We quote the following provision from H. B. 8492
"The County Judge of such counties
shall each receive a salary of Seventy-
four Hundred Dollars ($7400) per annum
in lieu of all other compensation now
provided by law.
In 1947,,the Legislature passed Hi~B. 631 (Art-
t HOIl. Alfred M. Clyde, page 4 (V-512) lcle 3883g, V. C. 3.) which provides as follows:
"Section 1. The provisions of this Act shall apply to and control in each county in this State having a population of not less than one hundred and'forty- five thousand (145,000) and not more than two hundred.and fifty thousand (250,000) inhabitants, according to the last pre- ceding Federal census..
"Sec. 2. The County Judge, Sheriff, DistrictAttorney, or Criminal District Attorney, as the case IUQ be, District Clerk, County Clerk, and Assessor and Collectorof Taxes'shall receive a sal- ary of not less than Seven Thousand, Four Hundred Dollars ($7,4OO)'per annum from the Officers Salary Fund, in such couu- ties.
"Sec. 3. The Commissioner.% Court is hereby authorized, when in Its judgment the financial condition of the countg~ and the needs of the Deputies; Assistants and Clerks of any District, County.orTre- cinct Officer justify the increase, to enter an orderincreasing the compensa- tion of such Deputy, Assistant or Clerk in an additional amount not to exceed twenty per cent (20s) of the sum allow- ed under the law for the fiscal year of 1946.
'Sec. 4. The Commissioners Courts of each county affected by this Act shall amend the budget to provide sufficient funds to pay additional compensation.
Qec. 5. This Act Is not intended and shall not be considered or construed as repealing any law or laws now on the Statute books except those in conflict herewith, and to the extent of the con- flict only, but in other respects shag1 be construed as being cumulative law.
It is noted by.the provisions of Section 5 Of the above Act, the Legislature intended this Act to be *5 HOG, Alfred M. Clyde, page 5 (V-512)
cumulative of other laws on the same ~subject. Insofar as H. B. 631, Acts of the 50th Leglslature,~le appllca-' ble to the salary of.the County Judge df Tarrant County, it is not In conflFct with Article ‘J912e-1 and there- fore,~does not repeal or amend this Article In this re- ' spect.
Therefore, it is our opinion that the County Judge of Tarrant County is subject to the provisions of Article 3912e-1 and that he Is only entitled to a sal- ary of $7400.00 per annum,
SUMMARY
The salary of the County Judge of
Tarrant County is governed by the prod.-
sions.of.Article 3912e-1, V. C. 9. as
amend&d by B, B. 849, Acts,.of~the 49th
Legislature., and the County Judge is on-
ly entitled to $7400.00 per ahnum. Arti-
cles 38838, 3912e-1, V. C. S.; Opinion No.
C-3777.
Yours very truly, ATTORNEY GWERAL OF TJZXAS JR:& John Reeves Assistant
Encl.
APPROVED: