The Attorney General of Texas
Dune 30, 1978
JOHN L. HILL
Attorney General
Honorable David L. Martindale Opinion No. H-12 00
Gray County Attorney
P. 0. Box 697 Re: Payment of the court
Pampa, Texas 79065 reporter’s salary for the 3lst
Judicial District.
Dear Mr. Martindale:
You ask whether article 2326j-29, V.T.C.S., or article 3912k, V.T.C.S.,
governs the salary of the court reporter for the 31st Judicial District. Gray
County Is one of the five counties which comprise this district.
Article 23261-29, V.T.C.S., enacted in 1969, authorizes the District
Judge to set the court reporter’s salary within limits and to determine the
proportion paid by each county. Sec. 1; Acts 1969, 61st Leg., ch. 190, at 571.
However, the subsequently enacted article 3912k, V.T.C.S., provides as
follows:
Sec. 3. (a) In addition to transcript fees, fees for
statements of facts, and other expenses necessary to
the office authorized by law, the official shorthand
reporter of each district or domestic relations court
shall be paid a salary set by order of the judge of that
court; provided that such salary shall be no lower than
the salary on the effective date of this Act. If a
judicial district is composed of more than one county,
each county shall pay a portion of the salary equal to
the proportion that its population bears to the total
population of the judicial district.
Acts 1971, 62nd Leg., ch. 622, at 2019.
This provision does not conflict with prior statutes establishing fees for
transcripts and statements of fact. Attorney General Opinion H-200 (19741.
It does conflict with the provision of article 23261-29 authorizing the district
judge to apportion the court reporter’s salary. Article 3912k, section 8,
p. 4820
Honorable David L. Martindale - Page 2 (H-1200)
expressly repeals other laws prescribing compensation for the employees it covers.
In our opinion, the provision of article 2326j-29 regarding apportionment of the
court reporter’s salary has been repealed by article 3912k, section 3. The latter
provision states the apportionment rule. See Attorney General Opinions H-1009
(1977), H-35 (1973).
SUMMARY
The salary of the court reporter for the 31st judicial district
should be paid by the five counties comprising the district in
the proportions prescribed by article 3912k, section 3.
Attorney General of Texas
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
p. 4821