Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
March 20, 1939 Hon. Tom A. Craven
coulty Auditor
Seation S ai Artlele 59l2e, Revised Civil Sta- tutes of Texas, reads as r0ihm3:
'khe Cemaiesionere* Court & eaoh county in the-State of Texas, at ite ilret regular meetin& in January of baoh calendar year, shall, by order mafle and entered Is the n&n- utea oi said oourt, determine whether preoinot oiiioers at auoh bounty (exoept publio weigher8 and registrara of viteg. statistics) sliall be *2 Hon. Tom A. Craven, March 20, 1939, Page 2
oompensated on a salary basis as provided ror in this Aot, or whether they shall re- -oeive as their oompensation, suoh fees Of
office as may be earned by them in the per- romanoe of the duties of their offioes, and at shall be the duty of the oounty clerk of eaoh oounty to fmward to the Comptroller or pllblio Aooquute or the State of Texas on or beare the slat .Qo ei -Jmqary a oertl- iled cropy e .%@a ~*r*rr.-~ .
funds as laajr be trslleferred to fund by the CommisaI'oners~ Ceurt'of the oounty."
On July 17, i9Se, this Department held in an opinion by Hon. Joe J. AL&g, Assistant Attorney General of Texas that the Oommiss1aners~* Court is without author- ity to plaoe on6 preoiaot offiaer upon a salary basis and leave other preoinct offleers upon a See basis. We quote rrom this opinion as3?3Xlewst
"phi8 Department has repeatedly ruled *3 HOL Tan A. Craven, March 20, 1999, Page 3
that a Commissioners* Court is without authority to plaoe on8 preoinot orrioer upon a salary basis and leave other oifi- aers upon a fee baeis. The system must be uniiorm and they must plaoe all upon a salary basis or leave all upon a ree basic.* You will note that Seoticu 17a of Artiole
- a. .- - - - . . . -
W$t&$erenee to que8tlonNi~ 2, you are zioh spsotmUy l%?fe&%d-to seotioil 1Tb of Bfti~1l3 s912e reads as f&l&s:
=tb) In oountiea where If .shaXl have been d&erm&el th@ preolnot~~i-i~~re &all ~.oompsn8a~donauannual8aXaryba8i~1 it 8hall be the duty of the Ces@ssionera* Court oi auohoeuntyto firthe s&laryallow- ed to auoh offioers. Eaoh of said offioers shall be paid in money an annual 8aXary.Q.1 twe&ve (12) equal installments of not l&se then the total sum ear&d as oompensat&n- ,~i earned by him in his ottiolal oapaeity"ior the fLeaal year I935 and not more than the maximum amouut allowed euoh eirioer under laws existing August 24, 1935."
Therefore, in answering your seaond question, you are respectful.ly advised that it is the opinion of this Department that Section 17b of' Artiole 99120, Revised *4 Hon. Tom A. Craven, March 20, 1939, Fags 4 Civil Statutes of Texas alearly determine8 the amount of disoretion the Commissioners~ Court has in setting the amount or salaries to be paid prebimt orfiaars. It is the further opinion or this Department that the Commissioners* Court has no authority to set a preoinot officer's salary at less than the total sum earned as oompensation by him in his orrioial oapaoity for the fleaal year 1995 and that.the Commissioners* Court has. no authority to 8et a preoinat offioer*e salary at awe than the maximum amount alloved suoh offioar under law8eii8tingAugust S4,19ss.