9‘aE Avro~N~y GENERAL
OF TEXAS
Fcnorablo I-Inrvey
(1.Hoossr
County Attorney
. 0. Fox 722
'3igSpring, 'Foxas
+mr Sir:
Opinion \io.o-7535
RR: Whether justices of ,thpl
poaas
H!idnonS~sblo8 of nol~:it:~s
having
mcr~ than 20,000 popu:lationmay be
pnid either by fees or salary and
thrtmaximum salary for suoh offioials,
This department has rocoived your request dated December 6, :].94c,.
ycur lettier
states in part:
1 and 2 are nn,tnxnct,lyclew.
"'ArticleNo. 391?0 in Section I~ics,
I want to know if in Counties of nvxw than 70,000 pnpu?pkticnnan
they either Ix paid by fees or by srxilary,I !i:r;o
,itsnys ,tha~t
20,000
or less it can 1:o.
'%I11district officers in Me “tntn oT Texas md all county officars
in counties hnvi:iga popri'iutirrui of ::O,OOOor more, scow-ding to the
then last. prenoding ?odornl :~:onsil:; ~ shnI.1fram .thafirst day of
January and ttweuftor, wd subsequr~~~t~ to t,hnfirst Rogtilaror Special
Session of the !;egislature~ft:erthe adoption of thj~sResolutior,,be
compensated on a salary basis. In al,1counties in this State, the
Ccnmissicnsrs1 Court shall be a~h?&sd to determine whether preoinut
officera shall he oompensated on 8 fee basis or on a salary lmsis; and
in courrties having 8 populat?cn of 108~ than 20,000, according to the
then last prnceding i'edornlCensus. the Commissioners' Court shall
alsc have the authorj,tyto determine whether county officers shall ba
ccmpe:nsatedon a fee I:n:;is or on a salary basis,'"(Underscoring ours)
Seotions 1 and 2 of Arti.clf3'3120,V. A. C. Se, follow the intewtion of the
oonstitutional provisior.
. .
Hon. Harvey C. Homer - Page 2 O-7536
a
You will note that all.--,-,_
cc-w~iirs
.- may determine whether preoinct oftj.corssh:*ll
?M oompensated on afeo or salary basis.
Seotion 17 of Article 391% prov:.dass
q(a). The term 'i‘recinotOffierst as used in this Act means $wtioes of
the peace and constablns a 0 . j)"
""(b). In counties vineroit shall have been deter&nod that crooj?ct
officers shall be compensated on an aanual salary basis it shall Fe the
duty of the Conunissio?.ars'
Court of sucYhoowty to fix the salary al>.ov;ed
to such of'fiers. Xach of said officers shall be paid in mozay w: ann.xl
salary in twelve (12) equal instnllments of not less than the total.sum
earned as compensatioxlearned by him in his official capaoity for the
fiscal year 1935 and not more than the maximum amount alloved s!ichofficer
under laws existirig~:ugust24, 1935,"
These laws are quo-ledfor your guidance:
Article 3883, V. .;,.C, So,:
"Except as otherwise provided in this Aat, the annualsfees that may 'Y?
retained by precinct, oounty and d:i,si;rict
offioers merrtior:ed
2:~thq.8~'rticle
shall be as follows:
Article 3891, V, .F. :',S.,s
"Eaah offioer named in this Chapter shall first;onkof tha ~irrw-~i;
foes of ~SS
offioe pay or be paid the amowt al:lowedhi-nunder ~ti~nprovisions of t:rticle
3883, together with the salaries of his assistants aad deputies, and authorized
expenses under Article 3899, and the amount neaessary to cover costs of premium
on whatever surety bond may M required by law. If the current fess of siich
office collected in any year be more than the amount needed to pay the amounts
above specified, same shall be demed excess fess, and shall be disposed of
in the manner hereinafter provided.
"in oounties containing twenty-five thousand (25,000) or less inhabitants,
Di&ri& and County officers named hsr~jnshall retain one-,thirdof such ~xobss
fees until suoh one-third, together with the amounts specified in Article
3883, amounts to Three Thousand Dollars ($3,000). Precinct officers shall
retain one-third until such one-third, together with the amount specified in
&tiale 3883, amountsto Fourteen Hundred Dollars (?1400.00)."
*+ * * *
. .
Hon. Harvey C. Hooser - Page 3
“(a) I’heI:ommissionersCourt is h,erol:!y
authorized, when in their judgment
the finac,cialcondition of the county wd the needs of the officers justify
the increase, to enter an ardor incraasi.ogthe compensation of the precinct,
oounty and district officers in an additional.amount not to exoeed twenty-
f,ive(25%) per oent of the sum alLowed under the law for the fiscnl year of
lS44, provided the total oomponsation authorized under the law for ‘thefiscal
year of 1944 did not exoeed the sum af Thirty-six Hundred (%5600,00) Dollars.”
%‘ebelisve that the foregoing provisions of the Constitution and Statutes
of the State of Texas set forth with suffi~ci.ont
olari.tythe enswsrs to your
request.
Tsr
C’illiam I?.Ibsnloy,Jr.
Assistant