Untitled Texas Attorney General Opinion

‘ TEE A’PTOIRNEY GENERAL OF TEXAS August 17, 1951 Hon. Robert S. Calved Comptroller of Public Accounts Austin, Texas Opinion NO. V-1242 Re: Compensation of the judges af the 125th District Court, the 135th District Court, and the Criminal District Court No. 3 for Harris County during the next bi- Dear Sir: ennium. Your request for an opinion reads in part as r0n0w9: "There were 136 district courts in being before the Fifty-second Legislature met. The Legislatune created five new courts namely: the 132nd by Senate Bill Number 17, the 88th by House Bill Number 195, the 125th by JIouse Bill Number 392, the Criminal District Court Number 3 of Harris County by House Bill Num- ber 311 and the 135th district court by Sen- ate Bill Number 408, making a total of $41 district courts. "The Fifty-second Legislature passed Senate Bill Number 79 which raised the Dis- trict and Criminal District Judges' salary to $9,000.00 per year. It also appropriated money,to pay 139 district judges at the rate of $7,000100 per year by passing House Bill Number 426. This Le islature also passed Senate Bill Number 427 making appropriation to supplen&nt the appropriation in House Bill Number 426. "This department would like tp know which three district courts of the five new ones created will be included in HQUSe Bill Hon. Robert S. Calvert, page 2 (V-1242) Number 426 and Senate Bill Number 467 as to paying the salary of their district judges at the rate of $9,000.00 per year on and subsequent to September 1, 1951? For your information, House Bill Number 392 and House MU, Nwber 311 make an appropriation of $7,OQO.O0 for each year of the biennium to pay the s=larJtof the district judges of the 125th Dis‘ttiutCourt and the Criminal Dis- trict Court ~%mrber 3 of Harris County. In the event you hold that the District Judge of the 135th District Court does not have money appropriated to him by House Bill Number 426,is thslaany money appropriated under any other Act to payshis salary on and after September 7, 1951? House Bill 426, Acts 52nd Leg., 195l(passed May 10, 1951 and approved by the Governor on June 28, 1951), appropriates to the Judiciary Sectioq of the Comptroller's office $973,000,00 per annum for the pay- ment of "Salaries of 139 District Judges and Criminal District Judges at $7,000.00 per year." There was ap- propriated by House Bill 426 the sum of $108,000.00 per annum to,the Su reme Court for payment of Walar- ies: Judges, 9 at i12,OOO.OO per year"; the sum of $~O,OOO.OO per annum to the Court of Criminal Appeals and Commission in Aid of Court of Criminal Appeals for payment of Valaries: 1. Judges, 3 at $12,0,00,00per year; 2, Judges of Commission in Aid of Court of Crim- inal Appeals, 2 at $12,000.00 per year"; the sum of )330,000.00 per annum for payment of salaries of the Judges of Courts of Civil Appeals (33) at $lO,OOO.OO per year,* The above mentioned appropriations were sup- plemented by the enactmetitof Senate Bill 467, Acts 52nd Leg., 1951 (passed June 7, 1951 and approved by the Gov- ernor June 21, 1951), which appropriated Wfor each year of the biennium beginning September 1, 1951 and snding August 31 1953, the sum of Three Hundred Eighty-six Thousand dollars ($386,000.00) to supplement the appro- priation for the judiciary salaries provided in H. B. 426, 52nd Legislature, Regular Ses., 1951, this supplemental appropriation, to Day the additional rate of salarids of the Hon. Robert S. Calvert, page 3 (v-12421 Justices. Judges. ana Commissioners of the Supreme Court, Court of Criminal Appeals, Courts of Civil Appeals, Dis- trict Cburts and Criminal District Courts mproviaed in S. B. 79. 52na Ledslature. Regular Session, 1951." Em- phasis added. Senate Bill 79* Acts 52nd Leg., 1951 (passed May 17, 1951), increased the salaries from and after August 31, 1951 of (a) the Justices of the Supreme Court and the Jud es and Commissioners of the Court of Criminal Appeals to f15,OOO.OO per annum; (b) Justices of the Courts of Civil Appeals to $12,000.00 per annum; and (c) Jud es of the District Courts and Criminal District Courts to 8~9,000,OO per annum. Therefore, it is our opinion that Senate B~ill467 supplements the appropriation in House Bill 426 in the following amounts: 1. Salaries of Justices of ,theSupreme Court (9) 27,000 per annum 7$3,000 times 9) 2. Salaries of Judges of the Court of Criminal Appeals (3) 9,000 per annum 7#3,000 times 3) 3. Salaries of the Commis- sioners of the Court of Criminal Appeals (2) $6,000 per annum ($3,000 times 2) 4. Salaries of the Justices of the Courts of Civil Appeals (33) $66,000 per annum ($$2,000times 33) 5. Salaries of the Judges of the District Courts and Criminal District Courts (139) $278,000 per annum ($2,000 times 139) Section 2 or Senate ~111 467, supra, provides: "Payment of salaries under this appro- priation shall be made in accordance with the provisionsor House Bill No. 426, 52nd Legislature, Regular Session, 1951, " Hon. Robert S. Calvert, page 4 (V-1242) In view of the foregoing, it was clearly the intention of the Legislature in the enactment of Senate Bill 467 to supplement only those salaries prescribed in House Bill 426. In other words, only the salaries of the Judges of the,139 District Courts and Criminal District Courts provided in House Bill 426 were sup- plemented rather than 141 District Courts and Criminal District Courts which will be in existenoe on Septem- ber 7, 1951. Therefore, the question for our determina- tion is the applicability of House Bill 426 to the Judges of the 88th, 125th, 132na, and 135th Judicial Districts and the Judge of the Criminal District Court No. 3 of Harris County all of which were created by the 52na Legislature. The 88th Judicial District-was created by House Bill 195, Aots 52na Leg,, 1951, which was passed April 4, 1951, and became effective April 20, 1951 (date of Governor's signature), since it contained an emergency clause and passed both Houses by the requir- ed two-thirds record vote (House 109 - 12 and Senate - 1). No appropriation is contained in House Bill z5 However, House Bill 794 of the 52nd Legislature makis an appropriation to the Judiciary Section of the Comptroller's office in payment of the salary of the Judge of the 88th Judicial District. This appropria- tion expires August 31, 1951. The 125th Judicial District was created by House Bi11,392, Acts 52nd Leg., 1951, which was pas- sed May 15, 1951 and became effective June 1, 1951 (date of~Governor's signature), since it contained an emergency clause and passed both Houses by the requir- ed two-thirds record vote (House 120 - 1 and Senate 21 - 51.~ Section 4 of House Bill 392, Acts 52nd Leg., 1951, ch. 308, p0 504, provides: "There is hereby appropriated out of funds-in the State Treasury not otherwise appropriated for the current biennium end- ing August 31, 1951, the sum of Two Thou- sand Dollars ($2,000), or so much thereof as is necessary to pay the salary of the Hon. Robert S. Calvert, page 5 (V-1242) Judge of the said court, as provided by law for District Judges; there is hereby ap- prop&dated out of funds in the State Treas- ury $or the fiscal year commencing Septem- ber $, 1951, and ending August 31, 1952, the 8um of Seven Thousand Dollars ($7,000) or SQ much thereof as is necessary to pay the salary oftthe Judge of said court; there is hereby appropriated out of funds in the Stat9 Treasury not othemise appropriated for the fiscal year commencing September 1, 1952, and ending August 31 1953, the sum of Seven Thousand Dollars i$7,000), or so much thereof as is necessary to pay the salary of the Judge of said court.1T The 132na Judicial District was created by Sen- ate Bill 17; Aots 52nd Leg., 1951, which was passea on Bebruary 15, 1951 and became effective February 22, 1951 {date of Governor"s signature), since it contained an qmergency clause and passed both Houses by the required two-thirds record vote (House 112 - 0 and Senate 26 - 1). No appropriation is contained in Senate Bill 17. Bow- dver, House Bill 795 of the 52nd Legislature m&es an appropriation to the Judiciary Section of the Comptrol- ler's office in payment of the salary Qf the Judge of the .132nd~JuaicialDistrict. This appropriation expires August 31, 1951. The 135th Judicial District was createa by Sen- te Bill 408, Acts 52na Leg., 1951, which was passed May 12. 1951 and will become effective September 7, 1951 (90 days after date of adjournment of the Legislature), since it was passed by a viva vote vote in the Senate. No ap- propriation is contained in Senate Bill 408. The Criminal District Court No, 3 of Harris .Comty was created by House Bill 311, Acts 12nd Leg., 1951, ~whioh was passed May 16, 1951 an4 became effective June 1, 1951 (date of Governorqs signature), since it contained an emergency clause and passed both Houses by tpe required~.tpp-o~thirds,.record vote (House 124 - 0 and Senate 27 - 2), Seotion 7 oi House Bill 311, Acts 52nd Leg., 1951~,ch. 307, p. 500, provides: Hon. Robert S. Calvert, page 6 (V-1242) “There is hereby appropriated out of funds in the State Treasury not ot erwise appropriated for the current biennfum end- ing August 31 1951 the sum of Two Thou- sand Dollars I#2,000), or so much thereof as is necessary to pay the salary of the judge of said court, as provided by law for district judges; there is hereby appro- priated out of funds in the State Treasury for the fiscal year commencing September 1, 1951, and ending August 31 1952, the sum of Seven Thousand Dollars 1$7,000)) or so much thereof as is necessary to pay the salary of the judge of said court; there is hereby appropriated out of funds in the State Treasury not otherwise appropriated for the fiscal year commencing September 1, 1952, and ending August 31 1953, the sum of Seven Thousand Dollars 1$7,000); or so much thereof as is necessary to pay the salary of the judge of said court.” You have informed us in your request that prior to the convening of the 52nd Legislature, there were in existence 136 district courts and criminal district courts As noted above , prior to the passage of House Bill 426 on May 10, 1951, the 52nd Legislature created two additional judicial districts: namely, the 88th and 132nd. Sub& sequent to the passage of House Bill 426, the 52na Legi- slature created the 125th and 135th Judicial District Courts and the Criminal District Court PO. 3 of Harris County. Since the 52nd Legislature created five dis- trict courts and criminal af8t-et courts in addition to the 136 already in existence and a propriated money in the general appropriation act (H.R’,l;Z 4 ) for 139 district jud- ges, it obviously intended for the act to be applicable to the 88th, 132nd, and 135th Judicial DiatricQ for the, acts creating these districts contained no appropriation, while the acts creatingthe 125th Judicial District and the Criminal District Court No. 3 of Harris County contained appropriations for payment of the respective salaries of the judges of those courts, By this construction we give effect to each act of the Legislature, flon.Robert S. Calvert, page 7 (V-1242) You are therefore advised that the salaries of the judges of the 8&h, 132na, and 135th District Courts are to be paid from the appropriations contained in House Bill 426 as supplem$ntea by Senate Bill 467. The salary of the Judge of the 125th District is to be from the appropriation contained in Section 4 of House Bill 392. The salary of the Judge of the Criminal Dis- trict Court No. 3 of Harris County is to be paid from the appropriation contained in Section 7 of House Bill 311. It is also noted that Senate Bill 79 constitutes m existing law authorizing the Legislature at a future date to appropriate an additional amount of money sufficient to pay the Judge of the 125th Judicial District and the Judge of the Criminal District Court No. 3 of Harris County a total of $9,000 per annUn each for the biennium in which there has been appropriated thus far only $7,000 per annum. Tpe ap ropriation contained in House Bill 426 as supplemented b House Bill 467 cannot be made available to the Judge of tie % 135th Judicial District until the ef- fective date (September 7, 1951) of the act (S. B. 408) creating the court. Tex. Const., ATt. III, Sec. 44. We would like to point out that Section 2 of House Bill 775 of the '52nd Legiglature (Art. 3912e-4c, V. C. S.), applicable to countiqs having a population of 600,000 or more inhabitants, provides: "In all such Counties, the Judges of the several District and Criminal District Courts shall each receive from County funds for all juaici+ anQ administrative services required of them an annual salary or a$lowance of Five Thousaqd Dollars ($5,CJOO),to be paid by the Commisgioneis Court out of an funds available for that puppose, In twelve (x2) equal month- ly installments. Tfre~adaiuional compensation provided to be paid to the District Judges shall be in lieu of all other ComDensation heretofore provided to be paid such Judges out of County funds; but shall be iq addition to the salary payable out of State fu$ds in Hon. Robert S. Calved., page 8 (V-1242) such counties, provided however any amount paid by the State in excess of Seven Thou- atml Dollars ($7,000) shall reduce the County's payment by the same amount, pro- vided however that the salary of the Judges of the several District and Criminal Dis- trict Courts of such Counties from both State and County funds shall not exceed Twelve Thousand Dollars ($12,000) per an- num." By virtue of the above quoted provisions, Harris Countyis authorized to pay the Judge of the 125th Judicial District and the Judge of the Crim- inal District Court No. 3 of Harris County an an- nual salary of $5,000.00 for all judicial and aa- ministrative services required of them in addition to the $7,000.00 paid by the State. Harris County is also authorized to pay the remaining district judges and the criminal district judges an annual salary of $3,000.00 for all judicial and adminis- trative services required of them in addition to the $9,000.00 to be paid by the State. Therefore, all district judges and criminal district judges in counties having a population of 600,000 or more inhabitants may be paid an annual salary of $12,- 000.00 from State and County funds. The Comptroller of Public Accounts is authorized to pay the salaries of the Judges of the 88th, 132na, and 135th Dis- trict Courts out of the ap ropriations contained in House Bill 42i: Acts 52na Leg., 1951 (General Appropriation Act), as supplemented by Senate Bill 467, Acts 52na Leg,, 1951. The salary of the Judge of the 125th District Court may be paid from the appropriation contained in Section 4, of House Bill 392, Acts 52nd Leg., 1951. The salary of the Judge of the Criminal . Hong Robert S. Calvert, page 9 (V-1242) Distriot Court No. 3 of Harris County may be paid from the appropriationcontained ln'Seotion'7OS House Bill 311, Acts 52na Leg., 1951. APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DANIEL County Affairs Division Attorney General Everett Hutohinson Executive Assistant Charles D. Mathews First Assistant JR:aw:awo