THEATTORNEYGENERAL
OF TEXAS
GROVRR SELLERS AUSTIN 11. TEXAS
-N
AlTORNEYGENERAl.
Honorable 0. Kennedy
County Attorney
Bee County
Beeville, Texas
Dear Sir: Opinion No. o-6658
Re: Maximum annual compensation of the
Justice of the Peace for Precinct
,No. 1, Bee County.
Your letter of June 14, 1945, request.ingthe opinion
of this department regarding the maximum annual compensation of
the Justice of the Peace for Precinct No, 1 of Bee County, is
as follows:
"Our commissioners' court has ins%ruc,tedme
to submit the following question ,toyou, viz:
'Since S.B. 123 became law, how nmch fees
may the Justice of the Peace for Precinct One of
Bee County retain annually?
"All officers in this county are on a fee
basis. The population of this county is approxi-
mately 17,000, Heretofore, under Article 3883
(Acts 1939, 46th Leg.) the Justice of the Peace
was allowed to retain $1200.00, In addition,
under Art, 3891the Ju.sticeof 'thePeace was
allowed to rs'tainone third of the excess fees
until such one third, toge,therwith 'theamount
specified in Art. 3883, amounts to $1400.00.
"The Justice of the Peace of Precinct One
will earn in fees for this year in excess of
$2,000.00. Suppose we say that he will earn ex-
actly $2,000.00 for the year. How much of ,that
will he be permitted under the law to keep. Sec-
tion (a) of Senate Bill 123, passed by this past
Legislature is as follows:
"'The Commissioners' Court is hereby au-
thorized when in their judgmen~tthe financial con-
dition of the county and the needs of the officers
justify the increase to enter an order increasing
Honorable 0. Kennedy, page 2 o-6658
the compensation of the precinct, county and
district officers in an additional amount not
to exceed twezts-five (25%) per cent. of the sum
allowed under the law for the fiscal vear of
Q$+, provided the total compensation authorized
under the law for the fiscal vear of 1444 did
not exceed the sum of Thirty-~Ix~~Hundred($3~600.00)
Dollars.'
"The Commissioners' Court wish to allow such
Justice of the Peace increased compensation to
the full amount of 25% of the sum allowed him
under the law for the year 1944. Under the law,
this Justice of the Peace was allowed to retain
in fees for 1944 the total sum of $1400,00.
Twenty five per cent. of $1400.00 is $350.00.
The Commissioners' Court have in mind entering an
order permitting him to retain, from and after
the effective date of S,B. 123, fees of office
at the rate of $1750.00 per year. The Commis-
sioners' Court arrive at this amount in this way:
Such Justice of the Peace was allowed $1400.00,
under the law of 1944. Increasing this amount
25% would equal $1750.00 per year. Is this
correct?"
The maxlttmmannual compensation of the Justice of the
Peace for Precinct No, 1 under Articles 3833 and 3891, Vernon's
Annotated Civil Statutes, is $1400.00, Senate Bill 123, Acts
of the 49th Legislature, Regular Session, 1945, authorizes the
Commissioners' Coopt when in its judgment the financial condi-
tion of the county and the needs of the officers justify the
increase to enter an order increasing the compensation of pre-
cinct officers in an additional amount not to exceed 25$,of
the sum allowed under the law for the fiscal year of 1944, pro-
vided the total compensation authorized under the law,for the
fiscal year of 1944 did not exceed the sum of $3600,00.
You are respectfully advised that it is the opinion
of this department that the Commissioners' Court in compliance
with Senate Bill 123 can legally enter an order authorizing the
Justice of the Peace of Precinct No, 1 to retain fees of office
in the amount of $1750.00 per year, provided, of course, that
the provisions of Article 3891, V,A.C.S, and Senate Bill 123 are
complied with.
Honorable 0. Kennedy, page 3 O-6658
Yours very truly,
ATTORNEY GENWAL OF TEXAS
By s/Ax-dellWilliams
Ardell~Williams
Assistant
AW:LJ:wc
APPROW JUN 21, 19%
s/Carlos C. Ashley
FIRST ASSISTANT
ATTORNEY GENERAL
Approved Opinion Committee By s/BWB Chairman
Untitled Texas Attorney General Opinion
Combined Opinion