E NEY GENERAL.
EXAS
AUSTIN, TEXAB ?#87
CRAWTO- C. MARTIN
September 25, 1969
Honorable Robert S. Calvert Opinion No. M-478
Comptrollerof Public Accounts
Capitol Station Re: Salarles authorized for
Austin, Texas District Attorneys and
Criminal District At-
torneys by the General
AppropriationsBill,
H.B. No. 2, 6Ist Leg.,
Dear Mr. Calvert: 1969, 2nd Called Session.
In your letter requesting an opinion from this office,
you submit the following facts:
"The question has arisen in this depart-
ment as to the amount of salary legally payable
to District Attorneys and Criminal District At-
torneys In the Judiciary Section of H.B. No. 2,
Acts of the Second Called Session of the 6Ist
Legislature,a copy of which is enclosed.
"Items No. 6, 7, 10, 11 and 12 appropriate
salaries to District Attorneys and Criminal Dis-
trict Attorneys for the biennium ending August
31, 1971 at $11,000 per year."
With regard to these facts, you ask the following
question:
"What Is the amount of salary per year that
can be legally paid to the persons listed in each
of the above listed items of appropriations?"
Section 28, Article I of the Constitutionof Texas,
grants the Legislaturepower to~suapend the laws In this State.
B virtue of this authority the Legislature enacted Article
6&3b Vernon's Civil Statuies, commonly known as the 'Salary
Suspe& Ion Act." Article 6813b, provides, In part, as follows:
"Section 1. From and after the effective
date of this Act, all salaries of all State
officers and State employees, Including the
salaries paid any Individual out of the General
Revenue Fund, shall be In such sums or amounts
-238b
Hon.,Robert S. Calvert, page 2 (M-478)
as may be provided for by the LegislatureIn
the biennial AppropriationsAct. It is
further provided that In lnstances'wieiethe
biennial AppropriationsAct does not specify
or regulate the salaries or compensationof
a State official or employee, the law speclfy-
lng or regulating the salary or compensation
of such official a- employee Is not suspended
by this Act.
"Sec. 2. All laws and parts of laws fixing
the salaries of all State officers and employees,
are hereby specificallysuspended insof$r
is'tiey are In conflict with this Act. . . .
It Is our opinion that'Articles 3886f, H.B. 1455,
'Lkd2, all of
Acts 61st Leg., R.S., 1969, ch. 744), 326k-58;~32
Vernon's Civil Statutes, and H.B. 424, Acts 61st Leg., R,S.,'
1969, ch. 876, which respectivelyprovide for the salaries,of
District Attorneys and Criminal District Attorneys listed in
Items 6, 7, 10, 11 and 12, Judiciary Section, General Approprla-
tions Bill, are suspendedby Article 6813b, insofar,as,each
may conflict with the provisions of such General Appropriations,.
Bill. Consequently,the salary for the District Attorneys and
Criminal District Attorneys listed In Items 6, 7, 10, 11 and ~
12 which Is authorized to be paid for the biennium ending
August 31, 1971, Is $ll,OOO.OOper year.
SUMMARY
The salary for the District Attorneys and
Criminal District Attorneys listed in Items
6, 7, 10, 11 and 12, Judiciary Section of the
General AppropriationsBill, which is authorized
to be paid for the biennium ending August 31,
1971, Is $ll,OOO.OOper year.
Vetijtruly yours,
,. n-
Prepared by Ivan R. Williams, Jr.
Assistant Attorney Qeneral
:2385-
Hon. Robert S. Calvert, page 3 (~-478)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
George Kelton, Co-Chairman
Sam L. Jones
James Quick
Louis Neumann
Roland Allen
MEADE F, GRIFFIN
Staff Legal Advisor
HAWTHORNE PHILLIPS
Executive Assistant
NOLA WHITE
First Assistant
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