Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN QROVLR SELLERS ATTORNEY GLNLRAL iionorable 3. R. Allen County Attoraey HElarlltoIl county Iimi1toa, Texas D68r~ Sir:’ ” ‘, ta IA your letter, that, couatg cotxls- sionors of this count7 &h~sve been recelvlni; $1200.00 per gear, but they rtxmon that 31xe, their asseXmi.valuatLm f”r last gem mo3 $0,450,003.30, they should remwe, tkc $1800.00 per year, althou@ the population of the county, la b&t 13,303, s~ace’logicnllg the ansessed valuation is the proper test.” Thi? above guotd Act ,becnme effsctive on April 5, 1941. According to the 194;s' CG.?SI~, the only Cbunty ita ?!aXaS Honorable 3. R. Allen, page 2 that would be affected by the Act would PC tha county of Jasper. Although there iwe several other counties In the State of Tenon which toss very nearly the came population aa ‘hsper County, none of theae would benefit by the act in question. Thin Jeyctrtwrt h&6 SsFentedly hsld Acts of this charactsr urrconstltutlonhl aa telcg a locel or special .~EIUvlthln the potllbitlon OS Section 56, Article i’l1, of the ConstLtution. Sea ti:uar, at ai. v. rll Paso Countg, (Sup.) 150 3. Y. (2il) 13i)O; Jameeon,. ct.al. v. Smith, (Clv. App.) 161 3. W. (2dj 520; 0iY3 oplnlons Roe. o-3237 and O-3723 of this department which arc enclosed. la view of’the uell estnbllshed Une 3S nuthwlt&es, ue hold ths Act In question uncmscitucicaal far the reason that ic 1s a local l&w condemned bj’ our Constitution. Hov- ever, UC cotice IQ your letter that you- stete thet ths com- missioners of your county are recelvlng only 4il2OO.OO per year, though the assessed valuation Sor last ye&r VW Eight Million, F~uI’ fi~~Gr& C& Fifty Thousand Doll6~‘~ ($c,450,000). It occurs to us thatArticle 2350, V.A.C.S., would psrmLt a county ulth your valuation to pay a salary of $1400.00 per year to its coimniasloners. k’e are sncloslng our opln- ion Ro. 0-b37d uhidh deals ulth that question. It is sincerely. hopdd that our vleus la the prea- ises ~111 assist you vlth your prcb,lems. Very truly yours ATTORHEX OZB?BAL OF TEXAS Assistant EA:db Enclosures