August 3, 1988
Mr. Oliver Lewis, Jr. Opinion No. JM-938
Bexar County Auditor
224 Dwyer Re: Conflict between portions
San Antonio, Texas 78204 of the Government Code re-
garding salary supplementation
of district judges in Bexar
County (RQ-1401)
Dear Mr. Lewis:
you ask us to resolve an apparent conflict between two
provisions of section 32.015 of the Government Code.
Section 32.015 provides:
(a) The Commissioners Court of Bexar
County shall budget for and pay the judges of
the district courts having jurisdiction in
that county an annual sal.ary of $12,000 for
services rendered and for performing
administrative services.
(b) The salary shall be paid in equal
monthly installments from the county general
fund or officers' salary fund.
(c) The salary is in addition to the
salary paid by the state.
(d) The combined yearly salary from the
county and the state received by each judge
of the district courts of Bexar County may
not exceed an amount equal to $1,000 less
than the combined yearly salary from the
state and county received by each justice of
the court of appeals in the court of appeals
district in which Bexar County is located.
YOU suggest that subsection (a) conflicts with subsection
(a). Subsection (a) provides that Bexar County shall pay
district judges an annual salary of $12,000. YOU interpret
subsection (d) as allowing Bexar County to pay district
judges any amount as long as the amount is at least $1,000
less than the combined annual salary received by justices of
the court of appeals for the Fourth Court of Appeals. See
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Mr. Oliver Lewis, Jr. - Page 2 (JM-938)
Gov't Code 5 22.201(e) (Bexar County within Fourth Court of
Appeals District). 'You argue that subsection Cd) was
enacted later in time than subsection (a) and that it
therefore prevails. We disagree both with your interpreta-
tion of subsection (d) and with your suggestion that
subsection (d) was enacted later than subsection (a).
The substance of subsection (a) was enacted at the same
time as the substance of subsection (d) and was originally
codified as article 6819a-19c, V.T.C.S. Acts 1973, 63rd
Leg., ch. 205, at 476. The original language was as
follows:
Section 1. The judges of the district
courts of Bexar County shall receive, in
addition to the salary paid by the State to
them and to other District Judges of this
State, the sum of $12,000 annually abiect to
the nrovisions of Section 2 of this Act, to
be paid in equal monthly installments out of
the General Fund or Officers Salary Fund of
the county, for all services rendered to the
county and for performing administrative
services. The Commissioners Court shall make
proper budget provisions for the payment
thereof . . . .
Section 2. The combined yearly salary
rate from state and county sources of the
judges of the district courts of Bexar County
may not exceed an amount which is $1,000 less
than the combined yearly salary rate from
state and county sources received by the
judges of the Court of Civil Appeals in whose
district Bexar County is located. (Emphasis
added.)
Because the requirement that Bexar County pay $12,000 to
district judges was made subject to the requirement that a
district judge's total salary be at least $1,000 less than
the salaries of the justices of the Fourth Court of Appeals,
it follows that the Sl2,OOO' supplement would have to be
reduced if it caused the district judges' salaries to exceed
that cap.
In 1985 the legislature adopted the Judicial Title of
the Government Code, which was a nonsubstantive recodifica-
tion of a number of statutes affecting the judiciary. Acts
1985, 69th Leg., ch. 480, 5 1, at 1720. Article 6819a-19c,
V.T.C.S., was recodified as section 32.015 of the Government
Code. Although the precise language was changed, the recod-
ification was nonsubstantive. Id. § 27 (providing that
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Mr. Oliver Lewis, Jr. - Page 3 (JM-938)
Judicial Title of Government Code is not intended to make
substantive changes in the law).
In 1987 the legislature amended subsection Cd) of
section 32.015 as follows:
Section 32.015(d), Government Code, is
amended to read as follows:
(d) The combined yearly salary from the
county and the state received by each judge
of the district courts of Bexar County may
not exceed an amount equal to $1,000 less
than the combined yearly salary from the
state and county received by each justice of
the court of appeals 'in the court of aooeals
[supreme-jadieia%] district in which Bexar
County is located.
Acts 1987, 70th Leg., ch. 148, 5 1.46, at 539. It is this
change that is the basis for your suggestion that subsection
(d) is a later enactment than subsection (a). The only
change made by the 1987 amendment, however, was to substi-
tute the phrase "court of appeals" for the phrase "supreme
judicial." That was done in order to conform the Government
Code to changes made by the adoption of the constitutional
amendments proposed by Senate Joint Resolution No. 14, Acts
of the 69th Legislature, Regular Session, 1985. Acts 1987,
70th Leg., ch. 148, § 1.01, at 535. That conforming amend-
ment makes no substantive change in subsection (d) and does
not affect the meaning of section 32.015.
In summary, subsection (d) does not permit Bexar County
to pay district judges more than 812,000. Rather, the
language of the original enactment makes clear that sub-
section (d) could, under a future appropriations act,1 be
1. Under the current appropriations act there would be
no need to reduce the $12,000 supplement. The annual salary
to be paid by the state to the associate justices of the
Fourth Court of Appeals by the state is $70,916. General
Appropriations Act, Acts 1987, 70th Leg., 2d C.S., ch. 78,
5 IV-4 (chief justice to receive $71,379). The annual salary
to be paid to district court judges by the state is $56,135.
Id. 5 IV-25. Section 32.015 of the Government Code provides
that the Bexar County supplement for district judges shall
be $12,000. The total state and county salary for district
court judges in Bexar County, therefore, would be $68,135.
(Footnote Continued)
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Mr. Oliver Lewis, Jr. - Page 4 (JM-938)
the basis for reducinq the Bexar County supplement for
district judges.
SUMMARY
Bexar County has no authority to pay
district judges a salary supplement of more
than $12,000 a year.
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Sarah Woelk
Assistant Attorney General
(Footnote Continued)
Even if the justices of the Fourth Court of Appeals received
no county supplement, the salary of the district court
judges would be $2,781 less than the salary of the justices
for the Fourth Court of Appeals. &g Gov't Code § 31.001
(authorizing counties to supplement salaries of justices of
courts of appeals). See senerally Attorney General Opinion
H-123 (1973). Therefore, compliance with subsection (a) of
section 32.015 would not prevent Bexar County from also
complying with subsection (d).
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