The Attorney General of Texas
October 18, 1978
JOHN L. HILL
Attorney General
Honorable Henry Wade Opinion No. H- 1259
Criminal District Attorney
Sixth Floor, Records Building Re: Whether a county treasurer
Dallas, Texas 75202 is authorized to receive fees
earned by his services to levee
improvement districts.
Dear Mr. Wade:
You ask whether the County Treasurer of Dallas County is entitled to
receive the fees prescribed by section 57.066 of the Texas Water Code.
Section 57.066 provides that “[tlhe treasurer is entitled to receive as
compensation . . . not more than one-fourth of one percent of all money
received by him . . .I’ in performing his duties for a levee improvement
district created pursuant to section 57.011, et. seq., of the Water Code.
Article XVI, section 61 of the Texas Constitution states that I’. . . all
county officers in counties having a population of twenty thousand (20,000) or
more, . . . shall be compensated on a salary basis.” The purpose of this
section was to “abolish the fee system of compensating named officers and
placing them on a salary basis.” Banks v. State, 362 S.W.2d 154, 155 (Tex. Civ.
App. - Austin 1962, writ ref’d); see V.T.C.S. art. 3912k, S 5.
We believe that it is clear that the compensation provided for in section
57.066 of the Water Code constitutes a fee rather than a salary. See Greer v.
Hunt County,. 249 S.W. 831 (Tex. 1923) (salary is a fixed amount, while-F
a contingent amount). Similar arrangements have been held unconstitutional.
Wichita County v. Robinson, 276 S.W.2d 509 (Tex. 1954); Attorney General
Opinions H-202 (1974); S-70 0953); V-743 (1948).
SUMMARY
The County Treasurer of Dallas County is prohibited
by article XVI, section 61 of the Texas Constitution
from receiving the fees provided for in section 57.066
of the Water Code.
P. 4990
Honorable Henry Wade -’ Page,2 (H-1259)
Attorney General of Texas
APPROVED:
Opinion Committee
jsn
P. 4991