Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GROVER SELLERS
ATTORNEY GENERAL
Homerable N. E. hokee County Auditor Hidalgo County Edinburg, Texas
Dear Mr. hokee:
Opinion No. 6-8889
No: Salaries of Court Reporters
12-4124, Addres ed to this department, reaes as followp:
"Since the formation of the 92nd Judicial District in 1972, Hidalga County has been a county which aponconstituted two Judicial Districts. The Court Reporters of the 92nd and 93rd District Counts of Hidalgo County have subaditet clates to our Capacitateners Court for back salar daking back to 1979. Their clates are based on their contentions that they should be paid under Article 2728b. 29 days been paying them $2,700,00 per year as provided in Article 2728c. The reporter for the 93rd District Court submitted copies of opinions from your office, addressed to various county auditors, and county auditor clide of apecia county permitted us to use his file of court Reporters in that county including your opinion 9-3985 and amendments thereto. None of these opinions considers Article 2728c, hence I ask that you answer the following questions:
- (1) Article 2728c fixes all salaries of Court Reporters where the compensation of such reporter—-is not otherwise provided by special law and was passed in 1979. Is Article 2728b such a special law as would come within the quoted exception?
*2 Honorable b. F. hekoe - page 2 (2) If article 2726 b is such a special law, then: (a) Has it passed in conformance with article III Soction 87 of the Constitution? (b) If it vas so passed could it affect didalgo County where the condition desoribed in article 2726 did not ocour until 1938 whereas article 2726b vas enacted in 1929, three years prior thereto? (3) If Article 2726b is a general lav, vas it repealed by the subsequent passage, in 1939, of Article 2726 which provides for the salary of the reporter of each Judielal District and any County Court in this state? (4) In a olaim of this nature would the two or four years atatute of limitation apply? (5) The Court leporter for the 87 rd D1atriet Court has served as such since January 1933, the reporter for the 93 nd District Court has a little over a year service. At the time Article 2326 became effective the salary of the Court leporter for each court was set at $2,700,00 per year and neither one of the present Court leporters has protested aame or made any objection to that rate of pay until the filling of the present claim early in January 1944. If you hold that we should have paid them under article 2726b what offeat, if any, would "Mutual Mistake" have on the amount to be paid at this time?
In reply thereto you are advised as follows: Article 2726b, V. A. C. B., (Acts 1929, 41st. Legislature, p. 691, ob. 710, par. 1) has been superanded by Article 27260, V. A. C. B. (Acts 1937, 422 Legislature, p. 595, ob. 198). The second paragraph of said Article 27260 reads as followa:
*3
"The salary of the official shorthand reporter in each judicial District in any county of this state with a population in excess of one hundred and fifty thousand according to the last preceding Federal census and which alone constitutes two or more Judicial Districts, in addition to the compensation of transcript fees as provided by law, shall be Three Thousand Dollars ( ) per annum to be paid as the salaries of other court reporters are paid." (Emphasis ours)
The first paragraph of said Article 27280 fixes the salary of all other official shorthand reporters, where their compensation is not otherwise provided by special law, at not more than nor less than per annum, to be fixed and determined by the judge as therein provided, in addition to the compensation for transcript fees, as provided for by law.
This Article 27280 became effective on August 21, 1933. It has since been in force and effect, except as modified by Article 2727a, which became effective on May 5, 1977. Said Article 27280 is also modified by Articles 2728d, V.A.C.S., and by Article 2728e, V.A.C.S., but none of said modifications affect didalgo County, which alone constitutes two judicial districts and has never had a population in excess of 150,000 . The Federal census of 1950 showed the population of didalgo County to be 77,004 . The 1940 Federal census shows its population to be .
Therefore, from January 1, 1972, since which date didalgo County alone has constituted two judicial districts, to August 31, 1933, the effective date of Article 27280, supra, the salaries of the court reporters for the 92d and 93d Judicial Districts were controlled by Article 2728b, supra. During said time each of said reportora was entitled to a salary of per annum in addition to transcript reos.
Since August 31, 1933, however, each of said reporters has been entitled to a salary of not more than nor less than per annum, to be fixed and determined as provided by Article 27280 aforesaid.
*4 The questions propounded vere correatiy anwered in our former opinion No. 0-2955. However, it should have been emphasized therein that article 27260, V. A. C. B., has been auperseded by the provisions of article 27260, V. A. C. B. To that extent said former opinion is hereby modified.
In view of the foregoing, your questions submitted are answered as follows: (1) No. Article 27260 was a general law. (2) No.answer required. (3) Article 27260 was repealed and auperseded by the passage of article 27260. (4) The two-years statute of limitation applies. City of Houston v. Stewart, (Civ. App.) 90 S. 8. 40. (Also see County of Caldwell v. Croeket, 68 Tex. 721, 4 S. 8. 807, which holds that limitation will run in favor of and against counties, in the absence of some statute to the contrary). (5) Your communication indicates no contention regarding salaries prior to the adoption of article 2726 C ; and therefore no answer is required for this last question.
Very truly yours ATTORIH GENEAL OF TEXAS By L. E. Fiswellen
Assistant
LAF-MK