Case Information

*1

OPEICE OF
The AttORnEY GENEral.

AUSTIN, TEXAS

GUYGDE DOJMANE

EHYDYDCHIC

Honorable K. D. Hall
Gounty Attorney
Refigio Gourty
Refugio, Texas

Dear Sir:

Oplnion No. 0-2421 Ro: In it possible to pay a justice of the peace a salary in oounties having a population of 10,000 in- habltants or less?

Your recent request for an opinion of this Department on the above stated question has been received.

We quote from your latter as follows: "I would like to know whether or not it is possible to pay a Justice of the Peace a salary in oounties of 10,000 or less. "I do not find any law on the subject, however, I received a ruling from the Atteray General's Department a few years ago stating that a comitable could be paid a salary and I believe it also stated a Justice of the Peace could be paid a salary. The ruling I mention was turned over to the County Judge and he has either lost or misplaced it. ". . ."

In our opinion No. 0-816 (Conference Opinion 2045) it was hold that: "The Commissioners' Court is without artberity to place one presinot offiear upon a salary basis and leave other officers upon a fee basis. The system must be unifere and the Commissioners' Court must place will of the presidet offieare upon a salary basis or leave all upon a fee basis under salary law.

*2 Homerable K. D. Hall, page 2 "Where the Commissioners' Court places the precinet officers of a county upon the salary basis as outlined in the offieer's Salary Law, the Commissioners' Court has no authority to set a preeinct officer's salary at less than the total sum earned as compensation by him in his official capacity for the fiscal year 1938 and that the Commissioners' Court has no authority to set a preeinct officer's salary at more than the maximum amount allowed such officer under laws existing August 24, 1935."

Section 2 of Article 3912e, Vernon's Annotated Civil Statutes reads as follows: "The Commissioners' Court of each county in the state of Texas, at its first regular meeting in January of each ealender year, shall, by order made and entered in the minutes of said court, determine whether preeinct offieers of such county (except public weighers and registrars of vital statistics) shall be compensated on a salary basis as provided for in this Act, or whether they shall receive as their compensation, such fees of office as may be earned by them in the performance of the duties of their offices, and it shall be the duty of the county clerk of each county to forward to the comptroller of Pablic Accounts of the State of Texas on or before the 31st day of January a certified copy of such order . . ."

Section 19a of Article 3912e, Vernon's Annotated Civil Statutes reads in part as follows: "(a) The term 'Precinet officers' as used in this Act means justiees of the peace and constables. "In all counties in this state such preeinct officers shall continue to be compensated for their serviees on a fee basis until the Commissioners' Court shall have determined otherwise in accordance with the provisions of Section 2 of this Act.

Section 15 of Article 3912e, Vernon's Annotated Civil Statutes provides in part that - "The Commissioners' Court in counties having a population of less than twenty

*3 H聇orable K. D. Hall, page 3 thousand $(20,000)$ inbabitante, aceording to the last preeedin; Federal eansus at the first regalar meeting in January of each eal. ender year, may pass an order providing for compensation of all oounty and preaing of. fiecra on a salary basis. . ."

We have been unable to loeate a copy of the opinion referred to in your inquiry; however, we are enelosing herewith a copy of our opinion No. 0-516 (conference opinion No. 3045) for your convenienge.

In view of the foregoing atatutes and the above mentioned Conferences opinion, you are respectfully advised that it is the opinion of this Departuent that it is not possible to compensate a juatice of the peace on a salary beaia in counties having a population of leas than twenty thousand inbabitonts according to the last preeeding Federal census unless all the preoinst officers in said oounty are compensated on a salary beaia, and the comnissioners' court in said county has passed an order providing for the compensation of all preainst officers in the oomity on a salary beaia at the first regular meeting in January of the ealendar year in question.

Trusting that the foregoing fully answers your inquiry, we are

Yours very truly ATTORNEY GEBERAL OF TEXAS By (Signed) Ardell Williams Asaia tent

Av: ow: jrb Enel. APPEOVID JUNE 24, 1940 (Signed) Grover Sellers FIRIT ASSISTANT AITORNEY GENENAL APPROVED OPINION COUNITTEE BY EMB Chairman