THE ATTORNEY GENERAL
OF TEXAS
February 5, 1990
Honorable James M. Kuboviak Opinion No. JM-1140
Brazos County Attorney
Brazos County Courthouse Re: Whether newly imposed
Bryan, Texas 77003 limitations on a district
judge's salary affect his
compensation for service on
a county juvenile board
(RQ-1818)
Dear Mr. Xuboviak:
You ask whether limitations placed on a district
judge's salary by the 71st Legislature affect the judge's
compensation for service on a county juvenile board.
Section 3(b) of article 6813b, V.T.C.S., as amended by
House Bill 101, 71st Leg., ch. 1258, 8 1, at 5073, effective
September 1, 1989, provides for the salaries of district
judges, as follows:
Judges of the district courts of this
State shall each be paid by the State an
annual salary that is five percent less than
the salary provided in the General
Appropriations Act for a justice of a Court
of Appeals. Unless otherwise provided by
law, the combined salarv of each of the
district iudaes from all State and c u tv
sources mav not exceed the amount that nis
S2.000.00 less than the alarv nrovided for a
justice of the Sunreme CEurt. To the extent
of any conflict, the salary differential
provided for the combined salary of district
judges provided by this subsection prevails
over any differential set by Chapter 32,
Government Code. (Emphasis added.)
Section 152.0271 of the Human Resources Code (formerly
sections 1, 2, 4, and 8a of article 5139EEEEE, V.T.C.S.),
provides for the membership of the Brazes County Juvenile
Board and compensation to be paid members of the board.
Subsection (d) provides:
p. 6005
Honorable James M. Kuboviak - Page 2 (JM-1140)
The commissioners court shall pay the
judges on the juvenile board an annual salary
set by the commissioners court at not less
than $600 nor more than $1,200. The commis-
sioners court shall pay the public member of
the board an annual salary set by the com-
missioners court at not more than $600. The
salaries shall be paid in equal monthly
installments from the general fund or any
other fund of the county.
Section 152.0003 of the Human Resources Code (as well as
section 4 of former article 5139EEEEE, V.T.C.S.), provides
that the compensation to a judge serving on a juvenile board
is in addition to all other compensation provided or allowed
by law for a judge.
Section 152.0271(d) provides that the compensation paid
a judge for service on the county juvenile board is to be
paid out of the general fund or any other available fund of
the county.. The provision in House Bill 101 limiting a
district judge's salary to an amount that is five percent
less than the salary provided in the General Appropriations
Act for a justice of the court of appeals imposes no
restriction on the amount paid the district judge from
county funds. However, House Bill 101 does limit the
combined salary of a district judge from all state and
county sources to a sum not to exceed the amount that is
$2,000 less than the salary provided for a justice of the
Supreme Court.
Attorney General Opinion H-123 (1973) concluded that
the compensation paid the judges of Travis County for
service on the county juvenile board came within the limita-
tions imposed upon compensation collected for service as a
judge. The opinion suggested to permit a judge to hold two
offices, one on a juvenile board and the other as a judge,
for each of which he would be compensated, would run afoul
of sections 33 and 40 of article XVI of the Texas Constitu-
tion. Attorney General Opinion H-461 (1974) concluded that
the $1,200 per annum paid the district judge in Winkler
County was for service rendered as a judge and came within
the limitations imposed upon compensation allowed for the
judge.
You suggest that the words "unless otherwise provided
by law" preceding the limitation imposed on a district
judge's salary in House Bill 101 may evidence a legislative
intent to exclude compensation the commissioners court pays
a judge for service on the county juvenile board in deter-
mining the limitation. It is expressly provided that this
subsection prevails over any differential set by chapter 32
p. 6006
Honorable JamesN. Kuboviak - Page 3 (JM-1140)
of the Government Code. Section 32.021 of the Government
Code provides that the Commissioners Court of Brazos County
shall pay the district judges in Brazos County a specified
amount as supplemental salary in addition to the salary
paid by the state. While it may be urged that the limita-
tion only prevails over any supplemental pay authorized by
chapter 32, this position overlooks the fact that the
limitation includes the combined salary from all state and
county sources. While the pay authorized for service on the
county juvenile board is not found in chapter 32, it is
clearly a part of the combined salary paid the judge from
county and state sources. Historically, the payment to
judges for service on the juvenile board has been considered
compensation for service rendered as a judge and has come
within the limitations imposed upon compensation allowed a
judge. We do not believe the words "unless otherwise
provided by law" reflect an intent on the part of the
legislature to exclude compensation paid a judge for service
on a juvenile board from the limitations it has placed on a
judge's combined salary from all state and county sources
absent an express exemption to that effect.
SUMMARY
The compensation paid a district judge by
the Commissioners Court of Brazos County for
service on the county juvenile board is a
part of the judge's combined yearly salary
from state and county sources and enters into
the determination of the amount of salary the
J b
judge may receive.
Very truly yo
im
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tom G. Davis
/h
Assistant Attorney General
p. 6007