Untitled Texas Attorney General Opinion

, _.. Au- 11. -e--. Y PRICE DANIEL *wrol?- (Immza*l. ~... , Bovember 8;1951 ..~ . ? Eon. W. L;'Powell Opinion ,,Ro. V-1338 ,~. _,: countp ~Allditoi- ~- Jim Wells County Rer Obligation 'ofone &bunts Alice, Texas EO~kha‘rki ifitheisalary of a 'secretarJi fw'the dis- t?iht attorneg~when the threeother 'counties in the- ju?li%ial'~dititrlbt tive Dear Sir: undertaken their shares. Your request for an opinion reads as follows: "The'C'omi'ssi~hersCourt of Jim Wells County; Texas has requested this office to ask for 'an opinion from your department on the following: 'Is Jim Wells County automatically bound to pay its pro-rata share of the salary of the Secretar'yto the District Attorney when said sd.aQ has beGnap- proved by the combined majority of~the comniissioners'courtscamprising his Judl- cial district.' 'The 'facts surrounding this request are as follows: ,. "In July of this year, Jim Wells County received a'request~from the dls- trict attorney for ap$n%val of its'pro- rata share of the salary~of his steno-" grapher which had been'authorized by an act of the last legislature. The'budget for 1952 was then being prepared~and the request wasincorporated therein. Thb 1952 budget was adopted insSeptember and the salary of the stenographer was authorized to begin on January 1, 1952. ~~ "A request similar to the one sub- mitted to Jim Wells County was also sub- mitted to the Commissioners Court of the Hon. W. L. Pove1l.ipage 2 (v-1338) other tliree‘cdtitiSs^con&&sl&j’lils ” Judlcial~dlatri~t~airdthese ~bther dourts authorlied the payment 'of'the salary to begin on September 1, 1951. "This office 'now has a letter from the District'Attorney~whiEh'expresses the opinion that, inasmuch as the salary has been approved by three of the four counties comprislng’his Judicial dis;. trict, 'JimWells- Courjty~lsautomatical- ly bound by the actionof the majority of'the ~tionnnissloners courts and should be@ paying its pro+ata, share of the salary on September 1, 1951 rather than on January 1, 1952." The 79th~Judicial District~is composed of' the counties of Starr, Brooks, Duval, and Jim Wells. Art. 199 (79).,V.C.S. Senate Bill 212;Acts 52nd Leg., RrS. 1951, Ch. 355, p. 517 (codified as Article 326-K-19. . V.C.S.) provides: "Section 1. Any dis'trictattorney In the State of Texas in a judicial dis- trict containing two (2)~or more 'counties is authorized ~to~employ a stenographer nor clerk who~~shallreceive 'a'salarynotto exceed Twenty-four Hundred ($2,400.00) Dollars per annum, to~be fixed by the dls- trlct attorney and approved by the co% bined majority of the Commissioners Courts of the counties '6omposinghis judicial district. The salary of such stenographer or clerk provided for in this Act shall be paid monthly by the Commissioners -Court of each county compos%ng thenjudicial dis- trict, pro-rated apportionately to the ?opulatlon of the county." chit was held inAttorney General's Opinion V-1314 (1951) that it was mandatory~that a stenograph- er or clerk employed by B dSstrFct attorney under'the provisions of Senate Bill,212 be p&&d a'reasonable salary not to exceed $2400.00 per annum. Hon. W. L. Powell, page 3 (V-1338) The prerequisites for payment of the sal- ary of such stenographer'or clerk are that the Sal-, ary be fixed by the district attorney and approved by the "combined majority of the commissioners courts of the counti'escOmposlng his Judicial District." Since the salary has been fixed by the district at-~ torney of the 79th Judicial District and has been ap- proved by the combined majority of the cormnissioners courts of the Counties of Starr, Eirooks,Duval, and Jim Wells, it is mandatory that such'salary 'be paid monthly by the commissioners1 court of each county composing the Judicial District pro-rated apportlon- ately to the population of the county? Under the facts set out In your request, Jim Wells County is required~to pay its pro-rata part of the salary from September 1, 1951. SUMMARY Under the provisions of Senate i3il.l. 312, Acts 52nd Leg., R.S. 1951, ch. 355, p. ‘17, authorizing the district attorney Ln certain judicial districts to appoint a stenographer or clerk, it is mandetory that the salary which has been fixed by the district attorney ,?ndapproved by the combine? :lejority of the commissioners' courts be pa:d monthly bv the commission- ers' court of each county composing the judicial district, pro-rated according to the population of the county. APPROVED: Yours very truly, J. C. Davis ?RICE DANIEL County Affairs Division Attorney General Everett Hutchinson Executive Assistant Charles D. Mathews First Assistant Assistant JR:mb