Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUOTIN
fbn. A. X. Turney
County Attorney
Brewster 00uaty
tiplae, Texas
Pear Sir:
iglnion Ho. O-192
ize:
read6 in part a -i-
ko in the jxmfor- apply to the or hi8 00anty r0r 001 ff)E)S, cOZL&381oRS and cO?B- oolleated by sald otficaa Uur- year and probable dieburssserlte nclude a&l salaries and expenses of said office; and said court ahall 3neke its order authorizing the appointment of auoh de- pir.ies, mmiatante and olerks and fir: the oom- pensation to be paid then wlthln the limitatlone herein prescribed and determine the number to be appointed 88 in the diauretlon of 6aid aourt *2 Hon. 1;. ii. Turney, Page 2
nay be proper; provided that in no case ahall the Cosmissioners* Court or any sienber thereof attempt to intluence the appointment of any person as deputy, assistant or olerk in any of- floe. Upon the entry of such order the offl- oers applying for such assistants, deputies or clerks shall be authorized to appoint them; provided that said compensation shall not ex- oeed the maximum amount hereinafter set out.
The compensation which say be allowed to the deputies, assistant6 or clerk6 above rimed for their eervices shall be a reasonable one, not to exoeed the following amounts:
In counties having a population or
twentF;ive thousand (25 000) or less inhabi- tants, first assistant o$ chief deputy not to exceed Eighteen Hundred ($LeQOQOO) Dollars per annun; other asslstantrr, deputies or clerks not to exoeed Fifteen Hundred ($1500.00) Dollar6 per annum each.
"1-a. In oountiee having a population of twenty-five thousand (25,000) lnhabitsnts or less, according to the last preceding Feda)_ral.
Censue, and whose tax values exceed One Hundred Million Dollars ($lOO,,OOO,OOO), aoaording to the last approved tax rolls, the first assis- tant to the Tax Assessor and Golleotor end the first assistant to the County Clerk may each receive an annual salary of not to exceed Three Thousand Dollar6 ($3,000) per annum, and the oashier to the Tax Assessor and Collector and the County Clerk may each reoeive an annual salary of not to exoeed Two Thousand, Four: Hundred Dollars ($2,400) per annum. The Tax Assessor and Colleotor shall designate in addi- tion to the r~irst aesistant and cashier, two heads of departments, one tc be in charge of assessing and one to be in charge of collecting in suah counties, who may reoeive an annual salary of not to exceed Two Thousand, Four Hundred Dollars ($2,400) per annun, and any additional assistants, deputies or clerks to the Tax Assessor and Collector or the County Clerk may receive an annual salary of not to er- *3 ii. 2. Turney, Page 3 Hon.
cec:d One Thousand, Eight Hundred Dollar6 ($1,800) per annum. Added Acts 1939, 46th Leg., H.B. ,$tj57, 11.
"la. I6 counties having a population OS not less than nineteen thousand, eight hundred and fifty (1@,850) and not more than nineteen thousand, eight hundred and ninety- five (19,895) inhabitants, according to the last preceding Federal Censua, the Co=e~is6ion- are Court say approve the appointment of beads of departments, when necessary, and when addl- tional allowance for salary is deemed necess- ary or justified by the Oommissioners Court of such oounties for heads of departments or chief deputies, a sum not to exceed Two Iiundred Dollars ($200) psr annum may be allowed, in adcltlon to the regular salary for such heads of departments or ohief deputies, when suoh offiaers shall have previously served the ior not less county than two (2) continuous As added Aots 1939, 46th Leg., H.B. yeare. 81030, il.
n . . .
?- "4a. In oountiss having a population or sixty thousand and one (60,001) and not score than one hundred thousand (100,000) inhabitants, according to the preceding Federal Census and containing a city of not less than fifty-two thousand (52,000) inhabitants acoordingto the preoeding Federal Census, heads of departments may be allowed by the Coazissioners Court, when in their judgrnsnt suoh allowable 16 justiii~d, the sum of TWD Hundred Dollars ($200) per annuu in addition to the amount hereinberore author- ized to either First Assistant or Chief Deputy, or other Assistants, Deputies or Clerks, when such heads of deparlznents Sought to be appointed shall have previously served the oounty or poli- tical subdivision thereof for not less than tw, (2) continuous years; provided no heads of de- partzents shsll be created except where the per- sons ought to be appointed shall be in actual *4 Hon. A. 3. Turney, ijage 4
charge of some department, with Deputies or Assistants, under his supervision, or a depart- mnt apgmoved by the Court, and only in offices capable. of a bona fide subdivision into depart- mnt5. As added Acts 1937, 45th Leg., p. 581, oh. 290, il.
-5. In counties having a population of one hundred thousand and one (100,001) &nd not more than one hundred and fifty thousand (150,000) inhabitants, first assistant or chief deputy not to exceed Twenty-six hundred ($2600.00) Dollars per annum; heads of departments may be allowed by the GOx&36iOners' Court, when in their ju@ment such allowance is justtiled, the sum of Two Hun- dred (#2OO.U0) Dollar6 per annum in addition to the amunt herein allowedV when such heads of departments sought to be appointed shall have previously served the aounty or politloal subdl- vision thereof for not less thsn.~ two aontinaous years; other assistante, deputies or clerks not to exceed Twenty-three Hundred ($2300.00) Dollars per annum eaoh. . . ."
The assessed tax valuation of property for Drew- ster County for the year 1939 wae $7,708,646.00, 'fhs population of 6aid county, acaording to the la6t Federal is 6,624 inhabitants. Census,
Under the provision6 of the above mentioned sta- tute certain oounties aoming within a designated population braoket, the Comnlssioners* Court may approve the appoint- ment of heads of departments, when neae66ary, and when additional allowanae for salaries deemed neoessary are justified by the Goymi6sioners~ Courts of 6zch countlea. For heads of departments or chi6f deputies 8 sum not to ex- ceed @.%O.OO per annum may be allowed, in addition to the regular salary for suah head6 of departments or ohief deputies when such officers shall have previously served the county for not less than two continuous years. Also oounties whose tax values exoeed certain amounts es de- siC;nated in the above mentioned statute, acoordingto the last approved tax rolls, certain assistants as named there- in are allowed the salar&es as are provided in the statute.
Brewster County does not come within any of the *5 l&n. A. dd. Turney, Page 3
above mentioned population brackets whioh would allow the Commlesioners~ Court to apgrove the appointmnt of heads of depart?aehts and allow additional salary for heads of departments or chief deputies In a sum not to exceed #ZOO.00 per anhum, in additfon to the regular salaries for such heads or departments or ohier deputies, when such officers have prevlouslyy~erved the oounty for not less than two continuous years. Aleo, the assessed tax valuation of Brewster County is not such as would authorize additional allowance for salclries of deputies.
The provision of the statute that applies to Ghe compensation to be allowed deputies, assistants or olerks for their services in Brewster County is Section 1 of krtiole 3902, supra, which provides:
"In counties having a population of twenty-five thousand (25,000) or less inhabi- taZHi8, first assistant or Ohiei deputy not to exoeed Eighteen Hundred ($1800.00) Dollars per aarnna; other assistants, deputlea or olerks not to exceed Fifteen Hundred ($1800.00) Dol- lars per annum ee0h.v
In view of the roregolng statute, your question ie anewered in the negative. -i-
Trusting that the foregoing fully answers your inquiry, we remain
Yours very truly ATlWRNEYGENERALOFTEXf6 (Signed) BY Ardell Wwilliams Assistant APPaovEn : February 9, 1940
h. F. idoore ( Signed) KlXST k&iSTANT ATTORNEY GENEzJi;KnL GF TEXAS aT'?BOVED OPINION CO&ITTEE BY B.‘UY.B. CWIRW,N