. I
T~EATTORNEYGENE~L
OFTEXAS
. . -
Hon. Wm. IL. Pool, page 2 (V-864)
WSection 1, The Commissioners Court in
each county o? thi8 State ir hereby author-
ized, when in their judgment the financial
condition of the county and the needa of the
ofiicer justify the increase, to enter an or-
der Increasing the coPlpensatlon of the ‘pre-
cinct, county and diotrict officers, or ei-
ther of them, In an adQltiona1 amount not to
exceed twenty-five (25%)per cent of the 8un
allovetl under the law for the fiscal year of
1948, whether paid on See or salary basis;
provided, however, the members ~of the Commls-
aloners Court tiay not raise the salaries of
any of such Commissioners Court under the
terms of thls.Act without raising the salary
of the romaining’county officials In like pro-
portion. ‘I
“Sec. 4. Before the CommissionersCourt
shall be authorized to change the salary of
the public officials provided for in thin Aat,
said Court shall publirrh at least onae a week
for twee (3) consecutive weeks In a newspaper
in the respective county, notice of thei in-
tention to make changes of salaries of thqse
affected. “
The Commlssloners’ Court of each aounty 18 ex-
pressly authorized by the provisions of S.B. 9s to
Increase the compensation of its precinct, aounty and
District officials in an additional amount not to ex-
teed twenty-five (2%) per cent of the sum alloved un-
dep the law for the fircal year 1948.
Wlnkler County has a population of 6,141In-
habitants acoording to the 1940 Federal Census and it8
oounty offiaers were compensated on a salary basis in
1948; the oompensation of its,county officers was goo-
erned by the ppovislons of Article 3912e-12 as amended
bJ H.B. 785, of the 50th LegJ.slature. Attorney General
opinion 80. V-329. The maximum compensation allovea ua-
der the law (Article 3912e-12) for the fiscal year 1948
for those county offlolals covered by the prooi8io~ of
Article 3912e-12 was $5400.00. Therefore, the Goannls-
abnera Court of Wlnkler County 18 authorised under
the provisions of S&B. 92 of the 51st Legislature to al-
low an increase In oompensatlon to its county offiaials
not to exoeed $1350.00 (25% of $5400.00).
Hon. W8, E. Pool, pa@@ 3 @r-864]
The compensation of the Wiity %omylyls~ku~~s
is governed by the revisions of Article 235O;V.C.S.,
as amended by H.B. Is4, Aots’of the 49th Legislature.
Attorney General Opinion Ho, V-329. Since Winkler
County had an assessed valuation in 1947 of $38,$16,-
175.00, the ~ximum allowed under the law (Artlcle~2350)
for the fiscal gear 1948 was $3,600.00, Therefore, the
ConrpissS.onerss Court of Winkler County may increase the
compensation of it5 County Commissioners in an amount
not to exceed $900.00 (25s O? ~3,600.00), provided it
raises the salaries of the other county officials in
like proportion.
Section 1 of S.B. 92, Ac%s of the 51stLegis-
lature prohibits the Commlseloners~ Court of any county
from granting salary ralaes to the members of the Com-
missioneras Court ‘without raisfng the salary of the
remainlng county officials In like proportion,” In other
words, the Commissloners~ Court could not allow a 25 per
cent increase for the County Commissioners (or $900.00)
as pointed out above, without granting a 25 per cent
increase (or $1350) In the aompensation of %he other
oounty offlaials. There is no provision however that
prevents the Commlssloners * Court from granting an ln-
crease to the precinct officers without ra.islng the
salary of the oounty officials, Therefore it may gra.ut
an lnarease to the Justioes of the Peace without @ant-
lng an increase to the county officials. In the latter
event, the Conmissloners could not raise theis own sala-
ries, however.
In answer to youp %hfM ques%ion it fa 0alpB
opinion that the Corplllissiorners~ Court is not authorized
to reduce and thenraise the saLaPles of the county
offleers (other’than the County Oommisafo~e~s) in order
to raise the County CotieelonezosP svllaries without com-
plying vlth the mandatory provi.sions discussed above.
Such action would constitute a subterfuge, and the Cola-
missionersB Court would be doing indirectly that Mob
it is prohibited from doing directly.
Your attention is called to %he pr~owisions of
Seotlon 4 which require the Commlsslonerss Couat to pub-
lish at least once a week for three consecutive weeks
in a newspaper in the county, notice of theirs intention
to make changes of salaries authorized under S.B. 92.
Any increase in compensation for the year 1949 muA be
in the same proportion as the balance of the year re-
lates to the total annual Increase that may be made
HOR, m, E, pool, page 4 (V-864)
under S.B. 2, Furthermore, Article 6898-11, V.C.S.,
(Budget Lav must be complied with. A, 0. Opinion 80,
V-231.
officfaie are cbmpenmted cm a salary basis,
the Come~Issioners~ Court Is authorlted to ln-
crease the compexwatlon of its count7 offi-
cials in an additional amount not to exceed
25 per cent or tbo 6un alLoved uader the law
(Art. 39z?e-12) rm ttrefiscal you 1948.
The Commisstoaera’ Court is not authorlGed
to raise the salaries or the County Cowls-
slonsrll vlthout raising the salarlee of the
other county ofYlcer8 in like proportion.
The Coplm5saion6r81 Court may, hovever, raise
the salaXle of the SUEtices OS th6 Pests
without rairlng the salaries of the CountJ br-
flcere and the a0unt.J Oopplil)l)iOWr8.
Your8 vrrf truly,
ATTORRBY OBRRRAL OF TW