OFFICE OF'T'HEATTORNEY GENERALOF'IIEXAB
AUSTIN
-.
Honorable I. Predeckl
County Auditor
Galveston County
Galveston, Texas
Dear Sir: Opinion No. Q-6646
Re: Appliaability of Senate Bill
No. 123, to the Treasurer of
Galveston County.
Your letter'ofJune a, 1945, requestingan opinion
from this department is, in part, as follgws:
"SenateBill No. 123, ennoted during the 49th
Session of the Texas Legislature and whlah was ap-
proved on May 9th by.the Governor, provides for
.inoreasedcompensationof District, County, and
Prealnct Officials,and Deputies, Assl&ants, and
Clerks.
"The Act referred to amends Artioles 3891,
3902,-and Sections 13 and 15 of Article 3912e, Re-
vised Civil Statutes of Texas, 1925. Section 13
of Artiole 3912e names the officers whose salaries
shall be fixed by the Commissione??stCourt and ln-
oludes the Treasurer.
"The Treasurer In Galveston County has up to.
this time been compensatedas provlded~fo:r in Art-'
iale 3943 wherein his'compensatlonis~'limited and
not to exceed $2,000.00 annually. The County
Treasurer has made ap~lioatlon to the Commission-
ersl Court for an inorease of $500.00 above the
amount authorized..inthe Artxcle last mentioned. ..'
'your opinion Is respeotfully requested as to
the authority of the Commlssloners~Court to allow
the increase of 25% above the amount mentioned in
Article 3943.
&norable I. Predeoki, Page 2
Senate Bill 123, Acts of the 49th Legislature,
Regular Session, 1945, is, in part, as follovs:
11
. . . .
"Set. 3. That Section 13 of Article 3912e,
Revised Civil Ststutes of Texas, 1925, as amend-
ed, be and the same is hereby amended by adding
thereto the following:
"I(e) The Commissioners Court is hereby
authorized, when in their judgment the finan-
cial condition of the county and the needs of
the officers justify the increase, to enter
an order increasing the,oompensation of the
precinct, county and district officers in an
ad,d.ltional
amount not to exceed twent;;.-five
(25%) per cent of the sum allowed under the
law for the fiscal y ar of 1944, provided the
total compensation authorized under the law
for the fiscal year of 1944 did not exceed
the sum of Thirty-six Hundred ($3600.00) Dol-
lars.'
If
. . . .II
The compensation of the county treasurer of Gal-
veston~County is controlled by Section 13 of Article 3912e.
Under Section I.3 of Article 3912e the county treasurer is
allowed a compensation ;f "not less than the total sum earned
as compensation by him in his official capacity for the fis-
cal year 1935, and not more than the maximum amount allowed
such officer under laws existing on Au ust 24, 1935”. As
Galveston County had a population of 6t ,401 inhabitants ao-
cording to the 1930 census the maximum compensation the ooun-
ty treasurer could have retained was the sum of Two Thousand
Dollars ($2,000.00) per annum (Article 3943).
In view of the foregoing it is the opinion of this
department that the Commissioners f Court of Galveston County
has the authority to allow the twenty-five per cent (258)
increase as provided in Section 3 of Senate Bill 123, Acts
of the 49th Legislature, Regular Session, 1945.
.. __._
._, . . .
Honorable I. Prodetiki,Page 3
In connection with the foregoing-we cell+io~yout
attention Opinion No. 0-6576 wherein it states as follows:
I,
. . . A.ny increase of ~sslaryfor the year
1945 must be in the proportion as.,thebalance of
the year relates to the total annual increase that
may be made under said Act. In other words, if
. . . . the increase in compensation is allowed
as of Juno lst, then the increase for 1945 would
be 7/12ths. . . . Tho componso$lon for the months
passed cannot be increased.
"In connection with the foregoing we direct
your attention to Art. 689a-11, V. A. C. S., which
is in part as follows:
"When the budget has been finally approved
by the Comnissionerst Court, the budget, as ap-
proved by t.heCourt shall be filed with the
Clerk of the County Court, and taxes levied~
only in accordance therewith, and no expendi-
ture of the funds of the county shali there-
after be made except in strict compliance with
the budget as adopted by the Court. Except that
emergency expenditures, in case of grave pub-
lic necessity, to meet unusual and unforeseen
conditions which could not, by reasonably dili-
gent 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 where such amend-
ments to the original budget is made, a copy of
the order of the Court amending the budget shall
be filed with the Clerk of the County Court,
and attached to the budget originally adopted."'
Yours very truly
ATTORNEY GENERAL ,OFTEXAS
By (s) Ardell Williams
Assistant
JR:MP:fb By (s) John Reeves
APPROVED SUN 19, 1945
p,G,"pAgpY
ATTORNEY GENERAL APPROVED OPINION COMMITTEE
BY (S) BWB, CHAIRMAN