Case Information
*1 oFFICEOFTHEA~TORNEY GENERALOFT- AUSTIN rfonorable Gee. H. Shepperd
comptroller or Public Account5
Austin, Texas
Dear ?Er. Sheppard: Gpinion NO. Q-%a0
He: Xey the conpensbtion of an additional Deputy Clerk r0r the Court,of Civil Appeals ror the Fifth Supreme Judi- oial Dirtrlot be paid out or roe5 0r orriot3 oolleoted ,by the Clerk of that oourt?
We have your letter of May 22, 1941, propounding ror en opinion by this DepartmInt the above&aptioned ques- ticn. Tour request is 85 r0u0w5:
*You will please advise 5e whether or. not the oompensetion o? en ad~ltlonal deputy my be paid out 0r r595 or orrio 00u5oted by thla Court, whloh are on depoelt in the 'State Treasury. If this oannot be.done, you will please advise whether not the Court has the authority to retain in their possee-, 51011 ret38 aufrioient to pay the salary 0r the additional deputy." 3 or the General Fmvlslons of the aur- Section
rent Judiciary Appropriation Bill declarea: "All fee5 paid to any 'Oourt for which epp~oprletions ere made herein ar to any or the clerka, orricers or employee of.any such court, whether such re5s am ror Orri- of opinions, or. cial or un0ff.l oial copies for other serPioes or documents, shall be deposited at the cloee of each mcnth in the *2 Bonoreble Geb. H. Sheppard - page 2
Ge~eral~~evenue Fund or the State Treasury _ _ _ _ ena 5na11 De oarrrea as a special aaao*nt ._ _._ In said Fund ror the oourt aepoeitlng same, and none of auob fees &all be retalned,by or paid to said clerks, officers or employas.
Eeoh court employe whase‘selery is provided for herein, except porters, shell file with the Comptroller et the end of each ?nonth en effldevlt showing that he has not retained any compensation out any court fees or other fees received by,hin or the oourt dur- icg that month end showing. that al.1 such fees have been deposited is tke State Treas- UY. The Comptroller shall. not Issue TV %'er- rant In payment of the eala'ry of any suc5 emp?oye for any month unless and until the etfldavlt required herein has been filed for that mOnth.*
It 1s generally understo..d to be the rule that the L&tgIelattue may not by a general appropriation bill repeal or amend a ~general statute. It Is not neces:7sry for us to peas upon the sufficiency of this section of the appropriation bll to repeal or effeot Article of the Revi5e46IvIl Statutes or 1925, whIoh ArtIole de- [1833] clares:
*Each Clerk may appoint one chief deputy. With the approval of the court .he may appblnt addItiona& deputies who
shell be pbIQ out of t'be reea colleot- ed by the Clerk, not to exoeed $100.00 e month. gaoh deputy shall give bond to the Clerk ror the~falthful discharge of, his duty."
Artiole 1833 has been superseded, however, In respect to the partiouler matter under oonsideretion, by senate Bill MO. 431, Chapter 2 or the 46th Legislature, Regular Session, Vol, 1, p. 619, dhioh reads e5 fOllWs:
"SECTION 1. The selerjes of all State offioers end all State empl.oyees except those Constitutibnal State of- *3 Lionorable Gee. H. Sheppard, pegs 3
Sloere who86 salaries are 5peolSieally SIXed by the Conetltutlon, shall be, for the period beginning September 1, 1939, end ending August 31, 1941, in such sums or amounts es nmy be provid- ed ror by the Legislature in the gener- al appropriation bills. It is specir- ioelly declared to be ne of the In- tents hereof that the Legislature
shall also fix the amount of supple- mental salaries hereafter, out of t.0 be paid
Court f’eSS end receipts, to the clerks end other employees of the Courts of Civil A:peels', the Su- preme court end the Court oS Cr&Inel Appeals.
"szc. -2. All law5 and parts ,oS law5 firing the salaries OS all State ofSlo,ers and employeee, .exoept those ConstItutIonal Stete orficeru whose
salaries are speclfioelly fixed by the Constitution, sre hereby'speolf- Iuelly repeeled in so fer a5 they are fin oonSlIct with this Aot. -ItIs
6peoISIoelly declared to be one of
the Intents hereoi that any end all
laws authorizing payment of supple-
mental salarise rrm 0o::rt reoelpts
ana Seea to (-lerks end other employees OS the oourts OS civil Appeals, the
Supreme Court end the Court of Criminal Appeals; 'are repealed 'In 50 Ser as they ere in conflict with this Act."
Thb ourrent biennial appropriation for the re5peotIve courts OS Civil Appeals makee.no epproprle- tlon Lor the,Deputy Clerk mentioned by you, and there Is, thereiore, no authority Sor the appointment and compenaatlon' >S any Deputy beyond the two Deputle.5 epeolelly mentioned In the epproprietlon bill and for whom speoliio salaries have bc.-n epproprleted.
Honorable Dso. A. Sheppard - 4 wa have naid au:'iioisnt- we trult that what
ly anrwm8 your Inquiries.
Very tx1 y yours ATTORNEY GEWRAL CP TXi4S a/ Grover Selletis %AB Chairman BY FIRST ASXSTAR'T ATTCRlJRY GENXUI,