Honorable Henry Wade Opinion No. C- 535
DistrictAttorney
Dallas County Re: Whether the pay raise granted
Dallas, Texas by Acts, 59th Legislature,
1965, 'Chap.487, P. 999,
operates to forbid the pay-
ment to the County Treasurer
of Dallas County, the compen-
sation establishedby Art.
8019, v.c.s., for his handl-
ing of the funds of a Levee
Dear Mr. Wade: ImprovementDistrict.
You have requested the opinionof this office regarding
the above question.
The 59th Legislature,by Acts, 59th Legislature,1965,
Chapter 487, page 999, which is an amendment to Section 8, Arti-
cle 3883i, Vernon's Civil Statutes, authorized certain counties
to grant salary increases to enumerated county officials. One
of these,countyofficials is the County Treasurer of Dallas
county. The said enactment also contains the following pro-
vision:
"Sec. 2. All other salary and compensationlaws
applicable to the officials named in this Act
are hereby repealed to the extent that they are
in conflict with this Act."
A question has arisen as to whether, ,becauseof the above-
quoted provision, the County Treasurer is barred from receiving
.thecompensationprovided for in Article 8Olg;Vernon% Civil
Statutes, which is quoted in pertinent part as follows:
"The county treasurer of the county, the commis-
sioners' court of which has jurisdiction,shall
be treasurer of.~alllevee improvementdistricts
of which such court has jurisdiction,and as such
shall execute a good and sufficientbond, payable
to the levee improvementdistrict, in a sum equal
to one and one-fourth of the taxes contemplatedto
be paid over in any one year. . . . The treasurer,
as compensation for his services, shall be allowed
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Hon. Henry Wade, page 2 (C-535)
not exceeding one-fourthof one per cent upon
sums received by him by and on behalf of such
levee improvementdistrict."
It is apparent that the compensationprovided for in
the foregoing statute is for additional duties over and above
the regular duties as County Treasurer. Accordingly, it is
the opinion of this office that the compensationprovided for
by Article 801 does not conflict with Acts, 59th Legislature,
1965, Chapter 287, page 999, but merely constitutesan addition-
al compensationfor an additional duty. Article 8019 thus con-
tinues in full force and effect.
SUMMARY
There is no conflict between Article 8019,
V.C.S., and Acts, 59th Leg., 1965, Chap. 487,
P. 999. The County Treasurer is thus entitled
to continue receiving compensationfor the per-
formance of his additional duties of handling
the funds of levee improvementdistricts within
his county.
Yours very truly,
WAGGONER CARR
Attorney General
MLQ:ms
w&W Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Marietta Payne
Wade Anderson
John Reeves
Terry Goodman
APPROVED FOR THE ATTORNEY GENERAL
By: T. B. Wright
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