OFFICE OF THE ATTORNEY GENERAii’OF TEXAS
Honorable II. L. .Xobe&oii
county atorney
Nlnkler county
Kenit, %zae
Dear Sirr
of a Conatabls,
able*8 salary ha6
the Con~lealo5ats’
'icls~?i912e, Sac. 17 (a), Vernon's
I5 countiee where it shall heva bsen
Court of suoh county to fix the sa.lary al-
lowed to such offioers. Eaoh of said
ofricers ahal& be paid l.n money an annual
salary in twelve (12) equal ihstallments
of not leas than the total cmn earned 88
cc..pensation~earnsd by him in his official
Honorable 8. L. Roberaon, Page 2
‘..
eapbotty for the fiscal year 1935
andaot more than ths maximum mount
allowed auoh offioer under laws exiat-
In6 August 24, 1935,
*In view of tha foregoing iiuthorlty tha
Co~iealoaerar Court unquaatl6nably has tha au-
thorlty to set the oonstabla'a salary in Jan-
uary, but it is doubtful as to whether or not
the Court haa the authority to'eaise or lower
the salary Wring the remainder of the year.
"Ln your opinion, is it possible In any
way to miss the salary of a conetable after
the salary has been set Sor tha year. Ths
salary nnxat be paid in twalve (12) equal in-
stallments as set out In the statutes.”
Xlnkler County has a .populstion of 6,178 ‘lnhabi-
taats accordin to the 1940 Federal Census.
Seotion 18 of Qtiale JBlEe, Vsmon*a kxnotated
Civil 3tatute8, provides .ln part:
“The Commlsaloneral Court In oountles
havin a population OS lssa than twenty,thou-
sand 'f 20,000) lnhabltanta, aocordlng to the
last praosding Psdeml Cansus at the first
regular meeting in January of eaah calendar
year, may pass an order provldfag for aom-
pensatlon of all oounty and precinat offiosra
on a salary basis. . . ."
Se&ion 17 (a)j'Artlole 39120, aupm, reads in party
as followa:
*The term *Preolnot OS?iceral aa'uaed la
this Aot means justloea of the pea00 an4 eon-
aDables.
*. . .
*(b) In oouatiea whare it ahall,havs'been
determined that preoinot oliiosra rhall be .oom-
pensatad on aa annkal salary basis It sha&;,be
the duty of’ the Cawulsslon~re~ Court of euoh'
couaty'to tlx the salary allowed to suoh otTi.-
cers. fiaoh df eal4 officers shall be ,pal4 in
Honorable Ii. L. Roberaon, Page 3
money an annual salary in twelve (12) equal
inatallmenti~ of not lea8 than the total 8um
sew504 as coapenaatioa earned by him in hi8
offioial capacity for the flaaal year 1935
an4 not more than the maximum alpount. allow-
ed suah oifioer under laws existing August
24, 1935. . . .*
In our opinioa Ho. o-1595, itiis stated:
* that the caamisaionera* oourt has
the rlihi ;nd authority to fix the salarlea of
the orflcsra name4 in Ssotioa 13, Article
39120, aupra, at any mount not leas than the
total sum earned as ooapensatlon by the offi-
cer in hi8 offloial capacity for the flaoal
year 1935, an4 not mor4. than the maximum amohnt
allowed such officor under laws 'existing 05
August 24, 1935, a54 when suoh salaries have
once been fixed by tha aommisaloneral court
ror 5814 otrlcera, they cannot be changed
during that year; however, then oomialssloneraf
oourt may ahange the salaries of said offl-
oers for the Soll0wl5g year, provided suoh
salaries are not leaa than the total 8um
ear544 as oompsnaatlon by the orflcer in his
‘olfiolal capaaity for the fiaoal year 1935,
and not more than the aaxinuan~amount allowed
auoh ofiioer un4sr laws existing on August 24,
193s.”
It will be noted that Seotlon 1.3, Artlole 39124,
whlah is referred to in th8 above mentioned opinioa ia ap-
plicable to oouatlea having a population of 20,000 inhabi-
tants or more, an4 leas thag 190,000 lnhabktante acoordlng
to the last precedlhg Federal Census. However, we think
that the ooaverae of what wa8 sai4 there with refersnos to
a dearease la salary is equally applioabls to paragraph (b)
Seotlon 17, Art&la 39124, regardi% an iaarease ln the
salary of a oonstable, Therefore, it la our opinion that
when the salary of the oonstable haq~ onoe been fixed by tbs
Cominiaaioners~ Court for the year in oompltaaoa with Sea-
tion 17, aupra, the salary cannot be ahanged during that
year; however, the Cofmi55lOnsrS ) Court may change the aal-
ary of the constable ror the following year, provide4 auoh
salary la not lass than the total sum earned a8 oo~~ens4-
tlon by the constable in his official oapaclty fox the fiscal
year 1935, and not more than the maximum amount allowed auoh
Honorable H. b. Roberoon; I?¶&34
officer under iawe existing an August 54, 1935. Spealflaally
answering your queetlon, there ia no w8p that the COD&S-
sioners* Court aan raise the salary of a aonstabls who is
coapeneated on an annual salary basis.after such salary has
been set. Iu other worda, the salary of the aonstable can-
not be increased or Uecramed after it haa been fixed by
the Commisslonere~Court for that year, but may be lncreaaed
or deareased for the following year @thin the limitation@
set forth In Seotlon 17, 8uprar *
It is stated in 09inioa No. C-1595, supra;
0 it is the opinion of this Department
that t~e'o&alssloner~t court hae no authority
to fix or change the salaries or the county
cOmmlsaloners, . . ."
Articles 2360 - 2350-1, inolueive, Vernon'8 Anno-
tated civil Statutes, grovlde for the salaries of the County
Comiseloners In the rarioua oounties. Article 2350(2) pro-
vides:
"The Coamlsaicnera'Court at it6 first
regular meetlnS each year shall, by order duly
made and entered upon the @lnutes of same
oourt, rix the salarler of the oounty oommls-
,slonerafor such year within the limits as
provided for In this sot.*
Therefore, the CommissionsretCourt haa the author-
ity to rir the ealarlea~of the County Comihsioners at Its
rlrst regular meeting each~year, for suoh year, within the'
limits a8 provided for in the sot. Our opinion No. O-1595,
supra,,is modiSle aaoordiagly to this extent.
iVeare enoloelng a 009~ of said opinion for pour
lnfonnatlon.
Trustlog that the foregoing fully answers your in-
quiry, we are
$.kre .very'truly
~.