EAIXOIZNEY GENERAL
OF =XAS
AuwrIN If. -rExAs
PRICE DANIEL
ATTORNEY GENERAL May 12, 1947
Hon. J* M. Williams Opinion No. V-196’
County Auditor
Tarrant County Re; Eligibility of a grand
Fort Worth, Texas jury bailiff for in-
c,reased compensation
under subdivision 9 of
Article 3902, V.C.S.
~Dear Sir:
We refer to yeur lett%,r of April 24, 1,947, inwhich you sub-
mit the following fnquiry:
““Is a grand jury bailiff either deputy, assistant or
clerk to any district, county or precinct officer, so that
subdivision 9 of Article 3902,, Revised Civil Statutes,
would authorize the Commissioners’ Court to increase
the salary of a grand jury bailiff, should they see fit to
do so, as much as 25%) or any per cent? ”
Article 3962 of Vernon”s Civil Statutes pertains to the ap-
pointment and compensation of deputies, assistants and clerks,
and provides:
‘“Whenever any district, county or precinct officer
shall require the services of deputies, assistants or clerks
in the performance of his duties, he shall apply to the Com-
missioners* Court of his county for authority to appoint such
deputies, assistants or clerks, stating in the application the
number needed, the position to, be filled and the amount to be
paid.” 0 a s
Subdivision 9 of that Article was sdded by Acts 1945, 49th
Legislature, page 244, Chapter 179, Section 2, as follows:
““9. The Commiss,ioners’ Court is hereby authorized,
when in their judgment tbe financial condition of the county
and the needs of the deputies, assistants and clerks of any
district, county or precinct officer justify the increase, to
enter an order increasing the compensation of such deputy,
assistant or clerk in an additional amount not to exceed
twenty-five (25%) per cent of the sum allowed under the
law for the fiscal year, 1944, provided the total compensa-
tion authprized under the law for the fiscal year Qf 1944
Hon. J. M, Williams - Page 2, V-196
did not exceed thirty-six hundred ($3600.00) dol-
lars,“’
We are of the opinion that a grand jury bailiff is not
a deputy, assistant or clerk of any district, county or precinct
officer within the meaning of Article 3902 of Vernon’s Civil
Statutes. The compensation of such a bailiff is fixed by Arti-
cle 1058 of Vernon’s Code of Criminal Procedure, and sa