THEATTORNEY GENERAL
OF TEXAS
Honorable R. F. Robinson
County Attorney
Willacy County
Raymondvllle, Texas
Dear Mr. Robinson:
Opinion No. O-7419
Re: Construction of Senate Bill MO. 123
of the 49th Legislature as to its
applicability to County Clerk, under
the facts stated.
We beg to acknowledge receipt of your request for an
opinion upon the above-captioned subject matter, your letter
being as folllows:
"I would like your opinion at your earliest aonveni-
ence on the question as to whether er net the authorized
increase in salary to County offlolels In en smount not to
esseed 23% would be applicable to the amount eutherized te
be paid to the County Clerk for keeping the Finance Ledger
of the County.
"The Commissioners* Court of Wlllacy County has passed
an order increasing such salary for the keeping of the
Ffnanc Ledger, provided the same sheuld be considered
lawful.
"I feel sure that this matter has probably been brought
to your attention before this time and that yeu will be ab$e
to fu,rnishus with your opinion within a very short time.
Senate Bill No. 123 emended fht fellewIng Articles of
the Revised CSvll Statutes, making them to read as follows:~
"Artl.cle38%: "(a) The Commissloners'Court is hereby
authorized, when in their judgment the financial condition
of the county and the needs of the officers justify the
imrease, to enter an order increasing the compensation of
the prezlnct, county and district officers in an additional
amount not to exceed twenty-five (25%) per cent of the sum
allowed under the law for the fiscal year of 1944, provided
. .
c
Honorable R. F. Robinson, page 2 (o-7419)
the total cempensation authmized under the law for the
flsoal year of 1944 did not exceed the sum of Thirty-s%x
Hundred ($3600.00) Dollars.”
Artiole 3902 t “9. The Cemlssloners Ceurt is hereby
authorized, when in their judgnient the finanolal oendition
sf the oounty and the needs ef the deputies, assistants
end olerks o? any distriat, oeunty w precinot eflicer
justify the inoreeoe, to enter en erder lnoreeslag the
oompsnsetion of such deputy, assistant er clerk in an
additional emmnt not to exoeed twenty-five (25%) per cent
of the mm ellQwed under the law for the flsoal year of
1944, provided the tats1 ooapensetlon autherlced under the
law for the fiioal year ef 1944 did not exoeed Thirty-six
Hundred ($3600.00) Dollars."
Artiole 3912e, Seb. 13: “(e) The Cemmlaslmners Court
io hereby authorleed, when in their judgment the flnanalal
omdltbn of' the oetmty and the needs o? tha efiioers jweti-
fy the inoreaoe, to enter an order inoreaslng the oompo~icla-
ttion of the prrolnot oounty and dirtrlot effioecs in en
additional amunt nok to exooed twenty-iivo (25s) per aant
Of tho auntallonod undor the law iOr tho fIllor yew of
1944, provided tho t&al oo~onoatlcn autherlrod under the
law for the ilaoal 44 did not rxaood the sum mT
Thirty-61x Hundred 7 Dollarr.”
Tho rmr~grnay olaurr Is a8 rrllcwnt
"The feOt that thr Oost @i l%ving IO rioing and the
pu~oharlng powrr of the dellar Ir drorra#lng,and that
nagor and 6alerxlrr in prlvatr indurtry have inorrarrd te an
extmnt that publ3.o olflorrr and ompleyorr oontiauo in their
off%oar at a raorlfior %n meny InrtanorrJ and the further
faot @f thr orowdrd o@ndltl@n Of thr oalrndar WOatIO kn
OAIF enoy and an imprratlvr publio nrorrrlty &hat thr
Cow f itutlonal Rule rrqulrlnp P$Jlr to br read @n thrro
rrvrral day@ in raoh Hourr br rwpendrd and raid~‘Rule 18
hrrrby ruoprnddrd ad Chir Aot @hall tab lr'rOt amd be in
roror rrawn
and abar itm pamaga, and 16 JLIoo maotad.”
Eaoh rf thr artLolrr ad root%onr thum amrnddrd author-
i,zem thr twenty-fivr prrornt addlCUna1 Fount or oomponratL@n tQ
praoinot oounty and dirtriot oiliorrr. Undoubtedly thi8
lnoludos hhr County Clerk.
Smetr Bill No. 123, auth6rleing suoh lnoreaso or
Hmomble Il. F. Robinson, page 3 (O-7419)
.
to the officers coming within its scope, makes no
cscmpens3tfon.
dis'tfoztionas to the character 0f services performed by such
offl.cero
p an3 the increase is nst allewed for any partloular class
of"serviae, but is an overall increase in the cempensation hither-
to allcwed to sush officers.
Perhaps the confusion glvlng rise te your spealflc
mention of keeping the finance ledger grows out of the faot that
ArtloSe S43 of the Revised Civil Statutes, Vernbn's codiflcatlsn,
provides sper~Iff~3al2.y
for a compensatlsn for that particular
3ervfce.
However, Section 3 of Article 3912e forbids the extra
compensation in your county in the following emphatic language:
"In all cases where the COmmisslonersl court shall have
determined that aounty officers or precinct afficers in such
county shall be compensated for their services by the payment
of arzual saSary, neither the State ef Texas nor any county
shall be charged with w pay to any 0f the officers so
compensated, any fee or commission for the performance of ary
or a91 of the duties of their offices, but such officers shall
rew&ve said salary in lieu of other fees, commissions or
~:omper:sa%3ons
which they would otherwise be authorized to
retaq,pL;
+++ +. "
We t:xx:tthat what we have said sufficiently answers
gclu7i,nqu
h?y 0
Very truly yours
APPROVED OCTOBER 4, 1946
ATTOREEY OENERAL OF TEXAS
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