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Au- 11. -e--. Y
PRICE DANIEL
*wrol?- (Immza*l.
~... ,
Bovember 8;1951
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Eon. W. L;'Powell Opinion
,,Ro. V-1338
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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