THE ~ITTCBRNE GENERAL
OFTEXAS
Avwrm. TEXAR 78111 I This Opinion
Affirms Opinion I
I #“LZLkk.~/~~~-
September 10, 1968 I
Honorable J. W. Edgar Opinion No. M-275
Commissioner of Education
Texas Education Agency Re: May a County Judge receive
201 East 11th Street compensation from the State
Austin, Texas 78711 or County Available School
Fund by virtue of Articles
2701 and 3888, V.C.S., to
the extent authorized in
Section l(b), Article 2688h,
office and travel expense,
Dear Dr. Edgar: and related question.
Your request for an opinion reads as follows:
"The office of elective county superintendent
of Galveston County has been abolished under the
provisions of Section l(b), Article 2688h, and the
County Judge is performing such additional duties
as are prescribed therein.
"An annual compensation of $2,650 to the County
Judge from 'county funds' for the performance of the
additional duties is permissible under Section l(b),
supra, with no mention made for an assistant salary
nor for office and travel expense.
"For purposes of this Agency, we need and
would appreciate receiving from your office an
opinion on the following question(s):
"Do Articles 2701 and 3888 have application
to allow payment from State or County Available
School Fund of compensation to a County Judge to
the extent authorized in Section l(b), Article
2688h, office and travel expense, and/or salary
for an assistant for performance of duties pre-
scribed in Article 268811, Section l(b)?
"Transmitted herewith is correspondence this
Agency has had in connection with the matter, which
contains factual information and references which
may prove of some assistance in review of the in-
quiry."
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Hon. J. W. Edgar, page 2 (M-275)
The office of county superintendent of Galveston
County, under the facts submitted, was abolished pursuant to
the provisions of Article 2688h, Vernon's Civil Statutes, and
the County Judge of Galveston County is performing the duties
of county superintendent. Section l(b) of Article 2688h specif-
ically provides:
II
. provided further, that said county
. .
judges may receive additional compensation as
a result of these additional duties from county
funds, but in any event not to exceed Two Thou-
sand Six Hundred Fifty Dollars ($2,650) per
annum."
It was held in Attorney General's Opinion WW-1495
(1962) that a County Judge of a county which abolishes the of-
fice of county superintendent under the provisions of Section
l(a) of Article 2688h is not authorized to have an assistant
or receive any compensation under the provisions of Article
3888, Vernon's Civil Statutes. Attorney General's Opinion
C-41 (1963) stated that where the office of county superin-
tendent is abolished under Article 2688h, the County Judge is
not entitled to any extra compensation, assistant or any office
and travel expense.
We reaffirm Attorney General's Opinion W-1495 as
modified by Attorney General's Opinion C-41.
We are supported in this view by the fact that the
Legislature in enacting Article 2688L (not applicable to
Galveston County) specifically authorizxtravel and office
expenses to be used by the County Judge performing the duties
of ex officio county superintendent and to pay such expenses
from the State Available School Fund. Had the Legislature
intended the same for counties governed by the provisions of
Article 2688h, the Legislature would have undoubtedly provided
similar appropriate language in Article 2688h rather than the
language actually used.
SUMMARY
Where the office of county superintendent is
abolished under Section l(b) of Article 2688h,
Vernon's Civil Statutes, and the duties of the of-
fice are assumed by the County Judge, he is not
entitled to office and travel expense and/or
salary for an assistant, in addition to the $2,650.00
compensation provided for in Section l(b) of Arti-
cle 2688h.
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. .
Hon. J. W. Edgar, page 3 (M-275)
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
James Quick
Bill Allen
Jack Sparks
Roy Mouer
A. J. CARUBBI, JR.
Executive Assistant
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