Untitled Texas Attorney General Opinion

E OF TEXAS Honorable W. S. (Bill) Reatly Chairman, Committee on Appropriations House of Representatives Austin, Texas Opinion NO. c-58 Re: Constitutionality of a Bill setting the salaries of district attorneys and county attorneys performing the duties of district attorneys, on a graduated scale, accord- ing to the population of the Dear Mr. Heatly: various districts. Your request for an opinion reads as follows: "House Bill No. 61 (Quilllam and Schlller), referred~to the Committee on Appropriations would, among other things, increase the State salaries of district at- torneys and place county attorneys perform- ing the duties of district attorney on a salary basis. "Would an Act setting the salaries of such officers (district attorneys and county attorneys performing the duties of district attorney) on a graduated scale according to the population of the varlous districts (i.e., a 'bracket bill') be in violation of the Constitution?" Section 1 of House Bill 61, referred to in your request, fixes the salaries to be paid the district attorney in all judicial districts of the State at the same amount. Section 3 of House Bill 61, referred to In your request, fixes the minimum compensation to each county attorney performing the duties of district attorney at the same amount. -283- Hon. W. S. (Bill) Heatly, page 2 (c-58) You have asked whether an Act setting the salaries of such officers on a graduated basis, based on population, would be constitutional. Section 56 of Article III of the Constitution of Telras,prohibiting local and special laws regulating the affairs of counties, has been consistently construed by the courts of this State as prohibiting the Legislature from enacting laws ~providingfor compensation of county officials on a classification that Is not based upon a real distinction, but constitutes an arbltrary,devlce to give what is in substance a local or special law the f,orm of general law. However, the Legislature Is authorized to resort to population brackets for the purpose of fixing com- pensation where there Is a substantial reason and fair basis forthe classification. Clark v. Finley, 93 Tex. 177, 54 S.W. 343 (1899); Bexar County v. Tynan, 128 Tex. 223, 97 S.W. 26 467 (1936); Miller v. El Paso County, 136 Tex. 370, 150 S.W;2d~lOGQ~(lg&l). Thus, population affords a ground for classification on the theory -that the greater the population, the greater the need for a higher compensation. See authorities, supra. : You are therefore advised that an Act setting the sala- ries of district attorneys and county attorneys performing the duties of district attorney, on a graduated scale, according to the population ,ofthe various districts would be constltu- tlonal, provided there Is a substantial and fair basis for the classification. SUMMARY The Legislature is authorized to resort to population as a basis for fixing compensation of county officers on the theory that the greater the population, the greater the need for higher compensation., Thus, an Act setting the salaries of district attorneys and county attorneys performing the duties of district at- torney, on a graduated scale, according to popu- lation of the various districts, would be constl- tutional, provided there is a substantial and fair basis'for the classification. Yours very truly, WAGGONER CARR Attorney General i2Q-e BY ohn Reeves JR:ms ,,:,.' P Assistant -284- Hon. W. S. (Bill) Heatly, page 3 (c-58) APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Pat Bailey J. S. Bracewell Edward Moffett W. 0. Shultz APPROVED FOR THE ATTORNEY GENERAL By: Albert Jones -285-