on. Lawrence Jaok Moore Opinion MO. V-1279
ounty~Attornep
+mnels County Be: Present maximum com-
Ballinger, Texas pensation of County
Commissioners in
Dear Sir: Bunnels Cou@y'.
Your reqvest for an 0pLnion reads in part
as follows:
*The Comr@ssioners Court of Runnels
County, in 1950, raised their own salar-
ies and. the salaries of all other County
Officials twenty-five per cent, as pro-
vided in Art. 9912g, V.C.S., so that at
the present time the Commissioners are
drawing salaries of $3050.00 annually.
The assessed tax valuations of this Coun-
ty for last year were less than $20,000,-
000.00, so that under the provi@.ons of
Art. 2350, V.C.S., said CommissYoners
could draw only $25OO.OO annually, had
they not used Art. 3912g for an' increase.
The preseht assessed tax valuatjons of
this County are above $20,000,090.00,
which will mean that-the Commissioners
salaries would be $3,000.00 unaeq the
provisions of Art. 2350, or an'increase
of $500.00 from $2500.00 to $3,000.00.~
The questions submitted by yqu are substan-
tially as follows:
May the Commissioners' Court qf Run-
nels County increase their.own salaries
in the aum of $500.00 per year pursuant
to the provisions of Article 2350, Y.C.S.,
without increasing the salaries of the
other aounty officials? If so, when is
this increase effective?
What~is the maximum aompensatioq
that the County Commissioners of Runnels
County may receive for the years 1951 and
1952?
* .
Hon. Lawrence Jack Moore, page 2 (V-1279)
Article 2350, V.C.S., provides in part:
"In counties having the following
assessed valuations, respectively, as
shown by the total assessed valuations
of all properties certified by the county
asseasor and approved by the Commissioners'
Court, for county purposes, for the re-
from time to time, the E--
ounty
F9-5=
omm as oners of such counties shall each
receive annual salaries not to exceed the
amounts herein specified, said salaries
to be paid in equal monthly installments,
at least one-half (l/2) and not exceeding
three-fourth (3/4), out of the Road and
Bridge Fund, and the remainder out of the
General Fund of the county; said assessed
valuations and salaries applicable thereto
being aa follows:
" . . .
n$lO,OOO,OO1 and less than 12,000,OOO not
to exceed $2,200.00
n$12,000,001 and less than 20,000,OOO not
to exceed $2,500.00
.
~$20,000,00l~and less than 30,000,OOO not
to exceed $3,000.00n (Emphasis added.)
Since Runnels County had an assessed valua-
tion for the previous year (1950 tax rolls)of $13,-
264,455.00, its county commissioners may receive under
Article 2350 a salary not to exceed $25OO.OO during
1951. Article 3912g, V.C.S., authorizes an additional
increase not to exceed 25% of the sum allowed under
the law in 1948. The sum allowed under the law in
1948 to the county commissioners was $2200.00, since
Runnels County had a valuation for the previous year
(1947 tax rolls) of $11,357,184.00. Under Article
3912g the county commissioners could receive an addi-
tional increase,not to exceed $550.00, (25% of $2200.-
00). Therefore, the maximum salary that may be paid
the county commissioners of Runnels County in 1951 is
$3050.00 ($2500.00 plus $550.00)
According to pour request, Runnels County
will have a tax valuatioq~in 1951 of more than $20,-
000,001 and less than $30,000,000.
.
Hon. Lawrpnqe Jack Moore, page 3, (V-1279)
In Att'y &en. Op. V-1004 (1950)~it was
held that oounty commissioners were authorized to
receive the increase in compensation allowed un-
aer Article ,235Odue to the increase in tax val-
uation without rasing the salary of the remaining
county officials irilike proportion. It was
stated in Miit3:
opinion:
"Since the tax valuation of Dewitt
County has increased from $18,758,825.00.
to $20,848,175.00 the Commissioners Court
is authorized under the provisions of Art-
icle 2350 to set the salaries of the Coun-
ty Commissioners at any sum not to exceed
$3,000.00 a year.
Y3ection 1 of Article 3912g, v;C.S.,
(S.B..92 Acts 51st Leg., R.S. 1949, ch.
320, p. bOl)"proviaes:
n 'The Commissioners Court in each
county of this State is hereby authorized,
when in their judgment the fina,$,aialcon-
dition of the county and'the needs of the
officers justify the increase, to enter
an order increasing the com$enaation of
the precinbt, oounty and district officers,
or either of them, in'atiadditional amount
not to exceed twenty-five (25%) per cent
of the SUPLallowed under the law for the
fiscal year of 1948, whether paid on fee
or salary basis; provided. howeve,r,the
members of the,Commissioners Court may not
raise the salaries of any of such Commis-.
sioners Court under the terms of,this Aot
without raislnR the salary of the remain-
‘ing county officials in like proportion.'
(Emphasis added.)
"The requirement 'that the Commis-
sioners Court may not raise the salaries
of any of such Commissioners Court under
the terms of this Act without raisise
~~e"',r~~~r~~~~n~~~l~B",Un~~l~f~~c~~~s
inorease authorized in Article 3912g aid
does not qpply to the increase j.nsalar-
ies under t,heprovisions of Article 2350
Hon. Lawrence Jack Moore; page 4, (V-1279)
due to the increase in tax valuation in
Dewitt County.
we agree wi.th the conclusion reached
by you in your brief, and you are therefore
advised that the.Commissioners Court of
Dewitt County nay set the salaries of the
members of the Co issioners' Court artany
sum not to exceed? 3,OOO.OO per annum with-
out granting raises to the other county of-
fi~ials.w
In~&ition to the $3,000 base compensation
authorized under Article 2350, which will become ef-
fective January 1, 1952, the county commissioners also
may receive an aaaitional $550.00 for that year under
Article 3912g, provided the commissioners~ court
grants the remaining county officials a proportionate
increase under that article.
SUbNARY
On January 1, 1952, the Commis-
aloner' Court of Runnels County will
be authdrized to increase their own
salaries in the sum of $500.00 per
year pursuant to the~provisions of
Article 2350, V.C.S., without in-
oreasing the salaries of the other
county officials.
The County Commissioners of
Runnels County may receive the maxi-
mum compensation of $3,050.00 for 1951
and $3,550.00 for 1952, provided the
Conunissioners~Court also grants the
remaining county officials a propor-
tionate increase under the provisions
of Article 3912g, V.C.S., for the re-
spective years.
APPROVED: Yours very truly,
Bruce Allen PRICE DANIEL
County Affairs Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
Everett Hutchinson
Executive Assistant
;IR:ga:awo