OFFICE OF THE AI-I-ORNEY GENERAL OF TEXAS
AUSTIN
Honorable I?. L. Washburn
County Auditor
Harrle county
Houston, Texas
Dear Sirs
n of the county
8 which are
lthln the Acta
ure, page 759,
led a8 Sections
Juvenile Board duly appointed
"In a list aubmlttsd to me for approvals
vere the salaries of three assistant probation
.
Honorable H. L. Washburn, Page 2
.
for under a subdivision of Seotion 19, Chspter 465,
as amended. .The aeoond two positions, as depsrtment
heads, are not provided by Artlole ~3902 in the emount
of salary requested, but are so provided by Chapter
465, as amended.
Yfhe question arises in detemlnlhg the oorreot
a&arias which may be paid to.aaaiatsnta to the ohief
probstlon oirioar In Hsrrls County. la Artlole 3902,
as it now exists., the yardatiok by which asld salaries
are to be measured? Or, may the provisions of Chapter
465, relating to deputies and aaslatsnta, be Used as
the basis or determining salaries to be paid to pro-
bstion offioera?
n* * *’.
We have a similar situation with reapeot to
Artiole 669Qb, Vernon* a.Anuotated Ten-is Statutes,
Page 120, Pocket Part, conoerning the salaries of
county trarrio orrlaera. As will be observed from
Seotion 2, the’salarlea of suoh deputies ahall be
the asam as those rixed in Artiole~3902. Thla aot
was gassed at the.~Regular Session of the Torty-fourth
Legislature, 1985, at Page 711.
*In approving r0r paywent wsrrsnts Issued for
the salaries OS assistants to the juvenile offloer
ana highway him0 orficera, am I to be governed aa
to the maximum by the provisions of Artiole 3902, or
by the provisions of Chapter 465 as contended by the ,. ..*,,~~..~I’I..,~;~
offlolala presenting such pay rolls and wsrranta for
my approval?”
Artiole 5142a, Yectlon 1, Vernon*a Annotated Civil
Statutes, provides:
“Seotion 1. Provided that in oountiea having
a population 0r more than three hundred and fifty
thoussnd (350,000) ‘inhabitants aoooraing to the last
preaeding or any future Federal Census the County
Juvenile Board shall appoint a juvenile offloer for
a term of two (2) years at a salary not to exceed
X’ive Thousand Dollars ($5,000) per aunum, to be fixed
by the County Juvenile Board aubjeot to the approval
of the Commlasionera Court to be paid monthly by the
county, whose extra duties will’be to make lnvesti-
gations for the Comlaaiouera Court on applioationa
for oharlty or admiaaion into- detention homes or or-
phan homes created by such counties. Suoh juvenile
orfioer may seleot assistant juvenile officers aub-
jue3t~. .,. .,i : --., ~:- ~~
~C ,..~,
,. .
., .~” ..._~
,
Honorable H. L. Washburn, Page 3
aubjeot to the spproval of auoh Baard, the number
of auoh assistants to be determined by the Juvenile
Board aubjeot to the approval of the Conunlaalonera
court. The salaries of auoh assistants shall be the
asme as that fixed in Article 3902 of the Revised
Civil Statutea.of Texss, of 1925, and as amended for
sasistsnta to other offloials, exbept that the head
of a department need,not have before served for any
psrtloulsr period’ of tlma; efflolen~y‘belng oallea
for in auoh counties. Suoh juvenile ofrloera may be
allowed expenses not to exceed Two Hunarea Dollars
($200) a year each.”
Article 3912e, Seotion 19, Subdivision (h), Vernon*8
Annotated Clvll Statutes, in pert, provides:
R(h) Whenever any district or county. off her,
or precinot offioer when such officer Is oompensatea
on (I salary basis, with the exception of district
attorneys and oriminsl dlstriat attorneys, shall re-
qulre the aervioea of, deputies assistants, and em-
ployees In the performsnoe of his’~dutlea he shall ap-
ply to tha Coaaniaaionera* Court for authority to.ap-
point auoh deputies, assistants, and employees, stst-
ing by sworn application the number needed, the poal-
tion to be