AUSTIN. EXA8 3
March 20, 1963
Dr. J. W. Edgar Opinion No. C- 41
Couimlssioner of Education
Texas Education Agency Re: Reconsideration of Opinion WW-
Austin, Texas 1495 in which the question was:
In either of the abolishment
situations stated, whether the
county judges are entitled to
have an assistant as provided
in Article 3888, Vernon’s
Civil Statutes for ex officio
school superin Eendents and re-
Dear Dr. Edgarr lated question.
This office has received your re uest for a reconsider-
ation of Attorney General’s Opinion W&1492 in which the question
was as follows:
“Whether a county judge of a county sub ect
to the provisions of Section 1 of Article 26 i 8e,
Vernon’s Civil Statutes, or a county judge of a
county which elects to abolish the office of
county superintendent or ex officio county super-
intendent under the provisions of Section la of
Article 2688h, Vernon’s Civil Statutes, is author-
ized to have an assistant, an office and travel
expense account as rescribed for ex officio county
judges in Article 3 8 88, Vernon’s Civil Statutes, as
amended. **
The following statutes are pertinent to the question
propounded this office:
“Art. 2688e. County-wide elections; petition;
abolition of office; transfer of duties
Vection 1. (a) Upon a petition of twenty-
five per cent (25$) of the qualified voters who
cast a vote in the Governor Is race at the preced-
ing General Election in counties of less than one
hundred thousand (100,000) population according to
the last Federal Census; or upon a petition of
twenty per cent (20%) of the qualified voters who
cast a vote in the Governor’s race at the preceding
-1%4-
Dr. J. W. Edgar, page 2 (C- 41)
General Election in counties of one hundred
thousand (100,000) or more population according
to the last Federal Census, the county judge
shall within ninety (90) days of the receipt of
such petition ca:Ll. an election to determine by
majority vote whether the office of county su-
perintendent (or ex officio county superintendent
and the county school board in counties having an
ex officio county superintendent) shall be abol-
ished. 0 0 e
*’ . 0 0
‘l(b) Where the majority of the qualified
electors approve the abolition of the office of
countv suoerintendenii the, duties of such abol-
ished office as may still be required by law
shall vest in the county judge in ex officio ca-
pacity upon expiration of the current term of
that office.
I’(c) Where the majority of the qualified
electors approve the abolition of the office of
the and county
scho ished of-
fice shall be
and become the duties of the office of county
judge of said county upon the expiration of the
current term of ,cff%ce of the exaoffieio county
superintendent, and-&d county ,ludae s.hall not
be entitled to nor receive anv additional comuen-
sation v additional duties 011
Articleu.&e.tu$es c1 in aart :
“Section 1, (a) From and after the effec-
tive date of this Act the office of the county
board of school. trustees and the office of county
superintendent shall cease to exist in any county
in this State havfng a population of not less
than seventy-five thousand (75,000) and not more
than one hundred twenty-five thousand (S25,OOO)
according to the l,ast preceding Federal Census
which has not more than ene (1) common school
district and whose county ad valorem evaluation
is in excess of One Hundred Forty MUlion Dollars
($140,000,000]; provided, however, that the county
superintendents fn such counties who ha,ve been
heretofore elected or appofnted to the office of
Dr. J. W. Edgar, page 3 (C- 41)
county superintendent shall serve until the ex-
piration of the term for which they were elected
or appointed. The duties now performed by the
board of school trustees and county superintend-
ents in such counties shall be performed by the
county judges of such counties; provided furthey,
ot be ntiu
nor receive anv additional comaensatik as a re-
sult of me additional duties.10
cle 1888.m Is Civil Statutes. as a-,
in:
“In a county where the county judge acts as
an ex-officio county superintendent of public
instruction, he shall receive and retain in addi-
tion to all other compensation provided by law
not more than Two Thousand, Six Hundred (!$2,600.00)
Dollars a year, as the county board of school trus-
tees of the respective counties may provide,
whether he is compensated on a fee or salary basis.
In such a county an ex-officio assistant superin-
tendent of public instruction shall receive not
more than Two Thousand, Six Hundred $2,600.00)
Dollars a year, as the county board of school trus-
tees of the respective counties may provide.
“The county judge while acting as ex-officio
county superintendent of public instruction, for
office and traveling expenses may receive an
amount not to exceed One Thousand Fifty ($1,050.00)
Dollars a year, as the county board of school
trustees of the respective counties may provide.
11
. . .
We refer you to the holding of Opinion W-1495 (1962))
where it states as follows:
“Therefore, it is our opinion that neither a
county judge of a county subject to the provisions
of Section 1 of Article 2688e, Vernon’s Civil Stat-
utes, nor a county judge of a county which abol-
ishes the office of county superintendent or ex-
officio county superintendent under the provisions
of Section l(a) of Article 2688h, Vernon’s Civil
Statutes, is authorized to have an assistant or
receive any,compensation under the provisions of
Article 3888 of Vernon’s Civil Statutes, as amended.”
Dr. J. W. Edgar, page 4 (C- 41)
Upon reconsideration this office feels that
._ this state-
-
men% was too broad as it failed to take lnto consideration Yec-
tlon l(b) of Article 2688e, Vernon's Civil Statutes. Under
Section l(b) the majority of qualified electors may approve the
abolition of the office of county superintendent. Any duties
required by law of the abolished office vest in the county judge
in an ex officio capacity.
The ex officio county superintendent's compensation is
provided for in Article 3888, Vernon's Civil Statutes, which al-
lows him to receive not more than $2,600.00 per year in excess
of his comoensation as county judge. He is allowed an assistant,
and for office and traveling-expenses he may receive an amount r
not to exceed $1,050.00 a year. To this extent our former Opin-
ion WW-1495 is modified.
Where the office of ountv suoerinte
abolished under Section 1 b) of Article 2
Vernon's Civil Statutes, the ex officio d
that office are assumed by the county judge, and
under Article 3888, Vernon's Civil Statutes, he is
entitled to extra compensation, an assistant, and
office and traveling expenses.
Where the office of ex officio county super-
intendent is abolished under Section L(c), Article
2688e, Vernon's Civil Statutes, or the office of
oountv SUD- is abolished under Article
2688h, VernonIs' Civil Statutes, and the duties of
the cffice are assumed by the county judge, he is
not entitled to any extra compensation, assistant,
or any office and travel expense.
This opinion modifies in part this office's
former Opinion hW~-l495~
Yours very truly,
WAGGONER CARR
Attorney General
Bill Morse, Jr.
BM:wb Assistant
Dr. J. W. Edgar, page 5 (C- 41)
APPROVED:
OPINIONCOMTTEE
W. V. Geppert, Chairman
Pat Bailey
John Reeves
Gordon Zuber
Howard &kys
APPROVED
FOR THEATTORNEY
GENEPAL
EY: Stanton Stone
-178-