THE A ORNEY
18, 1950
Hon.Uayne L. Rartmm oplnlon Ifo.v-1004.
County Attorney
DeWitt county Rer Compensa%ionof County
Cuero, Texas Cammissfoners,
Dear Sir:
Your request for au oplnlon is as Sollowsn
"The membersof the Commlssloners~ Court
OS DeW.tt County, Texas are eligible for a
raise In salary under the provisiom'of See-.
M&i'1 of Article 2350, Vernon8a AnnoCiv, St*
They have asked me to sedure a ruling Srm
your offioe as to whether the provisions oft
Article 3912g; Section 1, Vernon’s Anne C&v,
St., prohibit their granting such raise to
themselves without granting a proportionate
raise to the remaining county offioials OS
said county0
"Said last mentioned statute;after au-
thorizJ.ng a 25s ralse,Sor precinct, aounty
and district officers, continues as follows,
'provided,however, the members OS the Com-
mlsslc$ers CouW$ay not raise the salaries
of anjrOS such CommtaslonersCourt under the
terma oS this Aot tithoutmislng the salam
OS the maJ,ningcounty officials in like
proportEa8.
"Section 5 of said Article reads, 'The
provleiona o? this Act shall be cumulative of
all other laws pertaining to salaries of
county and preolnct officers and their depu-
ties and asslstants~.
"It is my opinion that so long as their
raise is granted under the provisions of Ar-
tlole 2350, end not under Article 3912g, they
would not be required to give the other off%-
aers proportionateraUes, nor would they be
Hon. Wayne L. Hartmsn, page 2 (V-1004)
required to publish their intentions as pro-
vided in Section 4 of Article 3912g, However,
they have requested that I secure an opinion
from you, and I would, therefore, appreciate
a reply at your convenience."
In 1949 Dewitt County had a tax valuation of
18 758,825.OOaccording to the last app? zed tax rolls
1948 tax rolls) and has a tax valuation ti 1950 of
20 848,175.OO according to the last approved tax rolls
t1949 tax rolls).
Article 2350, V.C.S., provides in part as Sol-
lows:
"In counties having the following assess-
ed valuations,respectively,as shown by the
total assessed valuations OS all properties
certified by the county assessor and approved
by-the GomIssioners Court, for county purpos-
es, for the previous year, from time to time,
the County Cammissionersof such counties
shall each receive annual salaries not to ex-
ceed the amounts herein specified,Said SREH"
ries to be paid'in e ual monthly instalments,
at least one-half 47, and not exceeding
three-fourths(3/b I, 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 as Sol-
lows:
'$12;000;001and less than 20,000,OOO not to
exceed $2,500,00
"$20,000;001and less than 30,000,OOO not to
exceed $3,000,00"
Shoe the tax valuation of-Dewitt County has
increased from $18,758,825.00to $20,848,175,00the
Commlssloners~Court is authorized under the provisions
of Article 2350 to set the.salariesoS.the County COm-
missioners at any sum not to exceed $3,000,00 a year.
Section 1 of Art&e 3912g, V.C.S, (S.B. 92,
Acts 51st Leg., R.S. 1949, Ch. 320, pe 601) provides:
- ,-.
Hon. Wayne ,L.Hartmanj page 3 (V-1004)
%he CommlsslonersCourt in each county
of this State Is hereby authorized,when ti
their judgment the financial condition of the
county ana the needs of the officers justif'y
the increase, to enter an order increasing
the compensationof the precinct, county and
district officers, or either of them, In an
addltional,amountnot to exceed twenty-five
(25$) per cent of the sum allowed under the
law for the fiscal year of 1948, whether
paid on fee or sala%y basis; prbvided, howev-
er, the mabers oS the Cozsalsalonera Court
may not zlalsethe salaries of any of such
i?ommlsslonersCourt under the tems of this
Act without ralaln~ the salary of the remaln-
'inacounty ofSlClal8 In like Droportlon."
TBnrghasisadded)
The requirement "that the CozimlsaionersCourt
may not raise the salaries oS any OS such Ccmmlssloners
Co!ii%under the terms oS this Act tithout raising thee
salary of the lnlng county ofSlclala in like propor-
tion* applies 'd-y to~the inorease authorized l.n*'Artlcle
3912g and does not apply to the increase ln salaries %m-
der the provisions of Article 2350 due to the increase
In tax valuation in Dewitt County.
We-agree with the ooncluslon reached by you ln
your btiief and you are therefore advised that the Com-
mlsrloners3 Court of Dewitt County may set the salaries
of the membeps of th6 Comzissioners~ Court at ar@ sum
not to exceed $3,000.00 per annu$ without granting rals-
es to the other county officials.
The Comlssioneral Court of Dewitt Coun-
ty may set the salaries of the members of the
Comlsaioners~ Cot&t.underthe provisions of
Artlcl6 2350, V.CiS., at any sum not to exoeed
3,OOO;OO due to the lnareaae in tax Valu+
fIon for Dewitt County without rais the sal-
9 8. The
aries of the remaining aounty officia
reqtirqent for slmllar raises to other oountg
offfcials is ooatained in au entirely different
-- I
Wayne L. Hartnan, page 4 (V-1004)
salary act, Art. 3912g, whloh is not applica-
ble to salary increases under Article 2350.
Yours very truly,
PRICE DARIRL'
APPROVEDI Attorney General
CT;c. Davis
County ASSairZrilvision
Charles D. Mathews
Executive Assistant Assistant
JRzbh