THE ATTOIZNEY GENE-L
OF TEXAS
AUETXN. TEXAN
PRmzE DANIEL
A-“- -
December 21, 1948
Hon. Sam B. Hall Opinion No. V-750
County Attorney
Harrison County Re: The maximum salary of a
Marshall, Texas constable in Harrlson
County and related ques-
tions relative to the
recent Constitutional
:emendment changing cer-
tain fee officers to sal-
ary officers.
Dear Sir:
You have requested an opinion regarding sev-
eral questions on the effect of H. 5. R. 36 of the 50th
Legislature, amending Article XVI, SectSon 61 of our
State Constitution.
.:
Your first question reads:
"1. What annual salary is to be paid
a constable of this county?"
Harrison County has a population of 50,900
acoordlng to the last preceding Federal Census, and
Its preciact.offlcersat.~the.present time are compen-
sated on a "fee.basls.* Therefore, we assume that by
your first queatfon you desire to know the.maxlmum us
salary of e'oonstable in Harrison County beginning
January 1, 1949. We do not know at this time whether
the Commissioners' Court will determine to place the
other precinct officers on a salary or fee .basls in
1949. It was held in Attorney General's Opinion No.
V-749 that where the Commlsslonersl-Court determines
to compensate ~the~preclnctofficera other than the
constable on a."fee basis ," it must pay the constable
a reasonable salary, at such sum as the Commissioners'
Court determines In the exercise of sound dlsaretlon.
This opinion was based on the fact that at the present
time there is no statutory provision fixing the salary
of a constable in a county where the Commissioners'
Court has placed the other precinct offfcers on a *fee
basis." We herewith enclose a copy of said opinion. .*
Hon. Sam B. Hall, Page 2 (V-750)
Should the Commissioners' Court of Harrison
County determine to plaoe all of its precinct officers
on a "salary basis," the salary of the constable would
be governed by the provisions of Article 3912e, Sec-
tion 17 (b) which provides where the Commissioners*
Court has-determined to place all the precinct officers
on a "salary basis'*said officers shall receive not less
than the total sum earned as compensation by them in
their official capacities for the year 1935, and not
more than the maximum amount allowed such officers under
laws existing August 24, 1935. The maximum amount of
compensation al.lowedunder laws existing August 24, 1935,
to precinct officers in counties containing a population
of not less than 37,500 and not more than SO;000 inhabi-
tants, was $2,200.00. Articles 3883 and 3891 as amended
by Acts, 1933, Chapter 220, Page 734.
Therefore in answer to your first question,
It is our opinion that if the Commissioners' Court of
Harrison County places all precinct officers on a "sal-
ary basis" beginning January 1, 1949, the maximum sala-
ry that may be paid a constable will be $2,200.00. If,
however, the Commissionersr Court places the precinct
officers other than the constable on a "fee basis," the
salary of the constable will be that sum determined by
the Commissioners' Court in the exercise of soun? dis-
cretion.
Your second question reads:
"2. What annual salary Is to be paid
a deputy constable here?"
.The salary of a deputy oonstable is governed
by the provisions of Article 3912e, Section 17, V.C.S.,
which sets the salary at a sum not to exceed $1,500.00
per year.
Your third question is:
"3. Are Justices of the Peace to be
considered 'precinct law enforcement offic-
ers * within the meani of Constitutional
amendment in H. J. R.3 36 of the 50th Legis-
lature?”
In our recent opinion NO. V-748 It was held
that Justices of the Peace were not "precinct law en-
forcement officers" within the meanim of the Constltu-
tional Amendment (H. J. R. 36 of the 50th Legislature).
Hon. Sam B. Hall, Page 3. (V-750)
Your fourth question reads:
How are the expense'sof a constable
to be"kndled by the county; i.e., actual ex-
penses paid by the county, or at so much per
mile traveled each month, or either, or nei-
ther?"
Your fourth question is answered by Attorney
General's Opinion No. V-71 in which the Attorney General
ruled:
"The Commissioners' Court.of a county,
the constablesof which are compensated on
a salary basis,.~hasno authority to pay such
constables mileage for the use of th.eireuto-
mobiles inthe discharge of their official
duties."
Your fifth,question is!
"5. Must counties pay the premiums on
bonds of the officers of constable, deputy
constable, and justices.of the peac.e?"
Article 3899 (b), V. C. S., reads in part as
follows:
"Each officer named in this Act, where
he receives a salary as.cgmpensation for his
services,,shall be'entitled and .permitted~
to
purchase or charge to his county all reason-
able expenses necessary in the proper and
legal conduct of his~office, premiums on of-
ficlalsl bonds, premiums on fire, burglary,
theft, robbery;insurance protecting public .'
funds;,and.Pncluding~,thecost of surety.bonds
for his depu$les, : ; .
.~
n . . . All such approved claims and ac-
counts shall be,paid fromthe Officers Sala-
ry Fund unless otherwise provided herein'."
It is our opinion.that th.eabove provisions
authorize the payment ~of premiums *on official bonds of
constables, deputy constables, and justices of the peace,
the payment being,made out-of the Officers Salary Fund
of the County.
Hon. Sam B. Hall, Page 4 (V-750)
Your sixth quastlon reads:
"6. Must the county furnish offices
for such officers?"
It was held in Attorney General's Opinion
No. O-2385 that the rental of office space for Justices
of the Peace on a "fee basis" could not be paid out of
fees of office. It was further held in Attorney Gen-
eral's Opinion No. O-1976,that the county~could not fur-
nish office space for the Justice of the,Peace in a
county containing less than 75,000 inhabitants. It is
therefore.our opinion that office space for.the Justice
of the Peace and constable~in Harrison County may not
be furnished by the county. The opinions are based on .
Articles 2379 and 3899b. Article wprovides that in
counties of over 75,000 population the .county uhnll Pur-
nish a suitable place in the courthouse.for the Justice
of Peace. Article 3899b names the officers who shall
be furnished offices, stationer and supplies (County
Judge, Clerk, Tax Assessor and %llector,~County Super-
intendant, Surveyor, and District Judge.~) The Justice
of Peace is not included. The fact that the Justice of
Peace is not furn,isheda court room would-appear to be
a proper subject for'legislation.
Your seventh question reads as follows:
,"7. Must the county furnish the consta-
ble with radio equipment, telephone, and.other
office supplies as is provided for in the case
of the Sheriff?*
Your seventh question is answered in,part by
Attorney General's Opinion No. O-6649 where it waspheld
that the Commissioners* Court was not authorized to fur-
nish radio equipment for a constable. However, the con-
stable is authorized by Art. 3899(b), V-C-S., to charge
to the county all reasonable expanses necessary in the
proper and legal conduct of his office, which expenses
would normally include a telephone and certain office
supplies.
Your eighth question reads as follows:
"8. May the Commissioners COUrt now
change the number and limits of Justice Pre-
cincts in this county to become effective on
January 1, 1949, even though, the offices of
some of those elected recently would thereby
be abolished?*
Hon. Sam B. Hall, Page 5 (V-750)
Article V, Section 18 of our State Copstitu-
tion provides:
"Each organized county in the.State now
or hereafter existing, shall be divided from
time to time, for the convenience of the peo-
ple, into precincts, not less than four and
not more than eight. The present county
courts~shall make the first division. Subse-
quent divisions shall be made by the comls-
sioners' court provided for by this Constitu-
tion. In each such precinct there shall be
elected at each biennial election, one jus-
tice of the peace and one~constable,~each~of
whom shall hold his office for two years and
until,his successor shall be elected and qual-
ified; provided that in any precinct in which
there may be a city of 8000 or more inhabi-
tants, there shall be elected two justices of
the peace. Each county shall in like manner
be divided,into four commissioners' precincts
'in each of which there shall be elected by
the qualified voters.thereof one county com-
,missioner, who shall hold his office for two
years and until his successor,shall.ibeelect-
ed and qualified. The county commissioners
so chosen, with the county judge, as presid-
ing officers, shall compose the county com-
missioners court, which.shall exercise such
powers and jurisdiction over all county busl-
ness, as is'conferred by this Constitution
and the laws of this State, or as may be here-
.' after prescribed.".
It was held -in.AttorneyGeneral's Opinion No.
O-3114 that the Commissionars!'Court had the power to
. merge and redefine bounda~riesof justice precincts at
any time, subject to the limitation that not less than
four nor more than eight such precincts are created.
SUMMARY
If the Comlssloners' Court of Harrison .
County, with a population of 50,900 inhabit-
ants, places all precinct officers on a "Sal-
ary basis" beginning Jatiuary1, 1949, the
maximum salary that may be paid a constable
will be $2,200.00. If the Commissioners*
Court places the precinct officers other
than the constables on a "fee basis," the
salaries of the constables will be whatever
Hon. Sam B. Hall, Page 6 (V-750)
sum the Commissioners' Court sets In the
exercise of sound discretion. Article XVI,
Section 61, Constitution of Texas; Artlcla
3912e, Section~l'l'(b).,
V. C. S.
Salaries of deputy,constables in Harri-
son County cannotexceed the sum of $1,500.00
per year. Article 3912e, Section'l7.
Justices of the Peace are not "precinct
law enforcement off'ioerswwlthln the meaning
of 8; J. R. 36 of the 50,thLegislature, amend-
ing Article XVI, Section 61; of the Texas Con'
stltution. Opinion Wo. V-748.
Yours very truly,
BY
AlTOREEY GERERAL OF TEXAS
Assistant
John Reeves
JR:bh:jrb Assistant