Honorable Joe Resweber Opinion No. C-k68
County Attorney
Harris County Re: Compensation of County
Houston, Texas Judge of Harris County.
Bear Mr. Resweber:
You have requested an opinion concerning the maxi-
mum compensation that may be paid the County Judge of
Harris County, in view of the provisions of Article 5139,
Vernon's Civil Statutes, and of Section 8 of Article 38831,
Vernon's Civil Statutes, as amended by House Bill 595,
Acts of the 59th Legislature.
Prior to the enactment of House Bill 595 of the 59th
Legislature, the County Judge of Harris County was entitled
to a salary of 18,000 per annum (subdivision (b) of Sectlon
8 of Article 38831, as amended by Chapter 154, Acts of the
57th Legislature, Regular Session, 1961), plus $1,500 an-
nually for serving as a member of the Juvenile Board (Artl-
cle 5139, Vernon's Civil Statutes). Attorney General's
Opinion v-1207 (1951).
House Bill 595, Acts of the 59th Legislature, amended
Section 8 of Article 388 i, Vernon's Civil Statutes. Sub-
division (b) of Section iiof Article 38831, as amended, now
provides in part:
"The salary of the county judge shall
be Eighteen Thousand Dollars ($18,000) per
annum, provided the county judge In such
wed, in addition to
d herein, the sum
dltlon to a:11 other salary or other compen-
!tTonnow paid to such county judge. . D o11
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Honorable Joe Resweber, page 2. (c-468)
The underlined portion of the above-quoted provisions
applicable to Harris County, was added by the amendment
contained in House Bill 595. Thus, the compensation of
the County Judge for servi as a member of the Juve-
nile Board was raised from7 1,500 per annum to $3,000
per annum, and his salary as County Judge was left at
$18,000 per annum.
Section 2 of House Bill 595 provides:
"All other salary and compensation
laws applicable to the officials named In
this Act are hereby repealed to the extent
that they are in conflict with this Act."
In view of the provisions of Section 2, above-quoted,
the compensation of the County Judge of Harris County is
overned by the provisions of subdivision (b) of Section
% of Article 38831, as amended, above-quoted. Likewise, in
view of the provisions of Section 2 of House Bill 595, Acts
of the 59th Legislature, and the fact that House Blll 595
is the latest expression of the Legislature concerning the
compensation of the County Judge of Harris County, you are
advised that its provisions will control over the provisions
of Article 5139, Vernon's Civil Statutes. Rx parte I!eJesus
de la 0, 22'7S.W.2d 212 (Tex.Crim. 1950).
You are therefore advised that the maximum compen-
sation of the County Judge of Harris County for serving as
a member of the County Juvenile Board is $3,000 per annum,
and that his total compensation is $21,000 per annum
($18,000 plus $3,000).
The provisions of House Bill 595,
Acts of the 59th Legislature, pre-
scribe the compensation of the
County Judge of Harris County at
$21,000 per annum ($18,000 compen-
sation as County Judge plus $3,000
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Honorable Joe Resweber, page 3. (C-468)
compensation as member of the County
Juvenile Board).
Yours very truly,
WAGGONER CARR
Attorney General
John Reeves
JR:ms:zt Assistant
APPROVED:
OPINION COMMITTEE
W. 71. Geppert, Chairman
Malcolm L. Quick
W. 0. Shultz
Harry Gee
Gordon Zuber
APPROVED FOR THE ATTORNEX GENERAL
BY: T. B. Wright
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