Untitled Texas Attorney General Opinion

.- October 15, 1951 Rcn. R. C. Marshall Opinion No. V-1317 County Attorney Hutchinson County Re: Obligation of the Comis- Stinnett, Texas sioners' Court to place justices of the peace on Dear Sir: a salary basis. You have requested an opinion on the fol- lowing question: "May the justices of the peace legally require the Commissioners' Court to place them upon a salary basis?" Section 61 c? Article XVI of the Consti- tution of Texas provides in part: "All district _- officers in the State of Texas and all county officers in counties having a population of twenty thousand (20,000) or more, according to the then last preceding Federal Census, shall be compensated on a salary basis. In all coun- ties in this State, the Commissioners Courts shall be authorized to determine whether precinct officers shall be compensated on a f basis or on a salary basis, with the ezzeption that it shall be mandatory upon the Commissioners Courts, to compensate all constables, deputy constables Andyprecinct l&w enforcement ~officers hi a salary basis beginning January 1, 1949; and in counties having a population of less than twenty thousand (20,000), according to the then last preceding Federal Census, the Comis- sioners Courts shall also have the author- ity to determine whether county officers shall be compensated on a fee basis or on a salary basis, with the exception that it shall be mandatory upon the Commissioners Courts to compensate all sheriffs, deputy sheriffs, county law enforcement officers including sheriffs who also perform the Hon. R. C. Marshall, page 2 (V-1317) duties of assessor and collector of taxes, and their deputies, on a salary basis be- ginning January 1, 1.949. . . . It was held in Attorney General's Opinion V-748 (1948) that justices of the peace were not "law enforcement officers" within the meaning of Article XVI, Section 61 of the Constitution of Texas requiring all precinct law enforcement officers to be compensated on a salar basis. In Attorney General's Opinion O-7535 7 1945) it was held that all counties may determine whether precinct officers shall be compensated on a fee or salary basis., Since justices of the peace are precinct officers (Reynolds v. Tarrant Count 78 Tex. 289, 14 S.W. 580 (l&@O), and Article 39&A, Section 17, V.C.S.) and are not law enforcement officers within the meaning of Section 61 of Article XVI of the Constitution of Texas, it is within the sole discre- tion of the commissioners' court to determine whether the justices of the peace shall be compensated on a fee or salary basis. You are therefore advised that the justices of the peace cannot legally require the commissioners' court to place them on a salary basis. It is within the sole discretion of the cou,Gssionerst court to determine whether justices of the'peace shall be compensated on a fee basis cr on a salary basis. There- fore, the justices of the peace cannot re- quire the commissioners' court to place them on a salary basis. Section Gl, Article XVI, Constitution of Texas: Att'y Gen. Ops. O-7535 (1946) and V-748 (1948). APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DANIEL County Affairs Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant Everett Hutchinson Executive Assistant Assistant JR:mh