Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL AUSTIX.TEXAS . PRICE DANIEL **rwEY GkKEH.41. August 5, 1947 Hon. H. L. Roberson Opinion No. V-329 County Attorney Wlnkler County Re: Construction of H.B. Box 307 785, 50th Leg., relative Kermit, Texas to salaries of county officials In counties having a population of less than 20,000 inhabi- tants. Dear Sir: Your letter requesting an opinion from this Department on the above subject matter Is as follows: 'The Commissioners Court of Winkler County has requested that I write you for an opinion on the II:B. No. 785. "When, or on what date, does this be- come a law? 'Who are the County Officials; does this include the Commissioners, Constables and~Justloeq of the Peace? 'The Elective Officials in Winkler County are on a salary basis and their salaries were set during the month of January, for the year of 1947. However, since the Legislature has passed this H.B. 785, giving these seme officials a raise, does the Commissioners Court have the authority to raise the salaries for the balance of this year?' B. B. No. 785, Acts of the 50th Legislature, provides as follows: "Section 1. In all counties of this State having a population of less AA-mn twenty thousand (20,000), according to the last preceding Federal Census, and in which , counties the Commissioners Courts have de- termined that the county officials shall be ,Hon. H. L. Boberson - Page 2 (V-329) is0 CO~8n8t3ted On a salary baals, anoh Conunla- SiOn8rS COIWtS 82'8authoriaed t0 fti the ealarles of county offlolals in such coun- ties, their deputies, Clarke and asslstante. Said compensation shall b8 paid in monthly or aemlmonthly installments, as said Court may determine. Provided, hoV8Ver, that no salary fixed herein by auoh Commlssloners Court shall be In au amount to exceed Five !l?housand, Four Hundred Dollars ($5,40O),for the County Offic~ersand in an amount of Three l!&ousand,SIX Hundred Dollers~($3,600) for Deputies, Assistants, azidClerks; pro- vided, further that no salary shall be set at a figure lover than that paid for th8 Calendar Year 1946. “Sec. 2. All laws and parts of lavs, in a0 far as the same apply t0 CoXUIti8Svlth- ln the provisions of this Act, shall be, and the same are hereby, repealed to the extent of such conflict. The fact that county officials and depu "%G* es, clerks and assistants In the counties within the provisions of this Act are inadequately Compensated for their services; the fact that said counties are losing and vi11 oontinue to lose the selivlo8sof valuable df- flcials'snd couuty employees unless such com- p8nbation is ,inCreased;the further fact that Oang COUI.It%eS Of this Stat8'Vithin'th8~pOpula- tion limits provided In this Act have large financial resources by reason of which heavy responsibilities are placed on some countyof- fiolals; and the fact that said officials and 8IQlOy88S CarlnOtbe prOp8rly Comp8nsat8d under the present Statutes; the further fact that the, local officials of the counties within the pro- visions of this Aot are far more competent than the Legislature to determine the fair and reasonable compensation.for such officials.and employees; the further fact that it.ls a sound principle of government to leave the local af- fa*s as nearly to the people as possible; and the further fact that the county officials in said counties will be responsible to the people of such Counties for their acts creates an Hon. H. L. Roberson - Page 3 (V-329) I.51 emergency and an imperative public neces- sity that the Constitutional Rule requiring bills to be read on three several days In each House of the Legislature be suspended, and said Rule is hereby suspended, and that this Act shall take effect and be in force from and after Its passage, and it is so enacted. "Passed the House, May 15, 1947: Yeas 119, Nays 5; House concurred in Senate Amendments, June 3, 1947; Yeas 102, Nays 10; passed the Senate, as amended, June 3, 1947: Yeas 30, Nays 0. "Approved: June 12, 1947" Since H. B. 785 contained an emergency clause and passed with the necessary two-thirds vote of each house, It became effective on June 12, 1947, the date upon which it was approved by the Governor. Texas Constitution, Art. .~ III, Section 39. Winkler County, according to the last preceding Federal Census, had a population of 6,141 Inhabitants, and we are informed by the Comptroller's office that its county officials are compensated on a.salary basis. Therefore, H. B. No. 785 is applicable to,Winkler County. We quote the following from 39 Tex. Jur. pp. 252, 253: "A statute will be construed so that it will harmonize with other existing law, un- less its provisions clearly manifest a con- trary intention. Thus where the literal language of one act conflicts with that of another, they should be read together and harmonized, if possible; so as tomgive ef- feet to each of them." We therefore deem It pertinent to quote the fol- loving statutory provisions: Article 3912~e,Section 2. / "The Commissioners’ Court of each county in the State of Texas, at its~first r8gUlar meeting in January of each calendar year, shall, by order made and entered in the min- utes of said court, determine whether precinct I.52 Hon. H. L. Roberson - Page 4 (v-329) officers of such county (exoept public of vital stastics) ZE ZpZZEZ a salary basis as provided for in this Act, or whether they shall receive as their compensation, such fees of office as may be earned by them in the performance of the duties of their of- fices. . .v Article 3912e, Section 15. 'The Comisslonersl Court In counties having a opulation of less than twenty thousand P20,000) inhabitants, according to the last preceding Federal Census at the first regular meeting In January of each calendar year, may pass an order pro- viding for compensation of all county and precinct officers on a salary basis." &tiCle 39128, Sec. 17. v(a) The term 'Precinct Officers' as used in this Act means justices of the peace and constables." It is apparent from~the above quoted provisions of the "Officers' Salary Lay" that the Legislature has made's distinction between -countyefficers end pr8dbICt officers. The Legislature apparently had this in mind when it used the term 'in which counties Commissioners' Courts have determined~that th$ county officials‘shall be compensated on a salary basis. Since Article 3912e, Set 17, defines precinct officers (as distinguished from COUT ty officers) as the justices of the peace and constables, it is our opinion that H.B. 785 is not applicable to jus- tices of the peaoe and constables. In connection with your question as to whether or not H.B. 785 is applicable to county oommissioners, w( direct your attention to the fact that said Act Is a corn prehensive statute providing for salaries of county offi. cials in counties having a population of less than 20,00( inhabitants according to the last preceding Federal Cen- sus; and, therefore, it operates in effect to amend SeC- tion 15 of Article 3912e. The compensation of county commissioners is not governed by Article 3912e, Section 15, but by Article 2350, as amended by H.B. 84, Acts of Hon. H. L. Roberson - Page 5 (w-529) 153 the 49th Legislature, which is a statute dealing with county CormIisslonersspecifically. According t0 th8 last mentioned Article, the saJ.arlesof county oommis- sioners are based upon the assessed valuation of the various counties. We quote the following from 39 Tex. Jur., pp. 25'4-257: 'In order to arrive at a proper con- struction of a statute, and determine the exact legislative intent, all acts and parts of acts in pari materia will, therefore, be taken. read and construed together. each en- actment in reference to the &her,-as though they were parts of law. Any oonfllot bettween their provisions will be harmonized If pos- lb1 d ff t ilb I t 11 th &!&I% zf ~~chwa~t ig zhI?cz Ee mad: to stand together and have concurrent efficacy. 'The purpose of the in 'par1materia rules of construotion is to carry out the full leg- islative intent, by giving effect to all laws and provisions bearing upon the same .subject. It proceeds upon the supposition that several statutes relatingto one subject are governed by one spirit.and policy, and are intended to be conslstent~and harmonious in their several parts and provisions. The rule applies vhere one statute deals with a subjectsin comprehen- sive terms and another deals with a portion of the same subject in a more definite way." (IQnphasisours) By construing Article 5912e, Sections 2, 15 and 17, Article 2350, and H.B. 785 together in accordance with the above rule of statutory construction, It is our opin- ion that the Legislature did not intend to amend Article 2550, dealing with county commissioners specifically. Al- though county commissioners are county officers it is our opinion, in view of the foregoing, t&t H. B. 765, Acts of the 50th Legislature, is not applicable to them, but IS only applicable to those county offi,clalscovered by Sec- tion 15 of Article 3912e. : In answer to your third question, it is our opin- ion that any increase in salary for the year 1947 must be Hon. H. L. Roberson - Page 6 (v-329) 154 in the same propo&ion as the remainder of the year is to the total annual increase that may be made under H. B. 785. (See our Opinion V-222, a copy of which ve are herevith enclosing.) It Is our further opinion that the increase, If any, can only be from the date that the Commission- ers' Court grants the increase and amends the budget accordingly. In this connection, we direct your‘atten- tion to Article 68ga-11 vhlch provides in part as fol- lows: "When the budget has been finally ap- proved by the Commissioners' Court, the budget, as approved by the Court shall be filed with the Clerk of the County Court, and taxes levied only in accordance there- with, and no expenditure of the funds of the county shall theretiter be made except in strict compliance with the budget as adopted by the Court. Except that emer-, gency expenditures, in case of grave pub- 110 necessity, to meet unusual and unfore- seen conditions whiah could not, by reason- ably diligent thought and attention, have been included in the original budget, may from time to time be authorized by the Court 'as amendments to the original budget. In all cases vhere such smendments to the orlglnal'budget is made, a copy of the or- der of the Court amending the budget shall be filed‘with the Clerk of the County Court, end attached to the budget originally a- dopted." (1) H. B. 785, 50th Legislature, re- lative to county officials ,in counties oon- talning less than 20,000 inhabitants, is only applicable to the sheriff, assessor and collector of taxes, county judge, COUD- tg attorney, district attorney, district clerk, county clerk, treasurer and hide and animal Inspector, and is not applicable to justioes of the peace, constables, or county consnissloners;having passed with the neces- sary Z/3 vote of each House, It became ef- fective on June 12, 1947. Hon. H. L. Roberson - Page 7 (V-329) 155 (2) Any increase in compensation for the year 1947 must be ln the same proportion as the remalrder of the year is to the total annual Increase that may be made and must be in oomplfance with the budget law. Art. 68ga-11, V.C.S. Yours very truly ATTORXEP GRNERAL OF TEXAS JR:wb;djm Enclosure