..¶-rORWLY SmwsKYAI.
August 29. 1972
Honorable Robert Buntyn Opinion No. M-1197
County Attorney
Castro County Courthouse R8: Whether the Commiseioners
Dimmitt, Texas 79027 Court of Castro County may
set the salaries of Justices
of the Peace at an hourly
rate for hours actually
Dear Mr. Buntyn: worked.
You have requested an opinion as to whether the Com-
missioners Court of Castro County may set the salaries of Justices
of the Peace at an'hourly rata for hours actually worked.
The commissioners court is a court of limited juris-
diction and,i+ias only such powers as ere conferred upon it by the
statutes 'and Constitution of this State, whether by express terms
or by necessary ~mpliqa~ion. Section 18, Article V, Constitution
of Texas: Article 2351, Vernon's Civil Statutes; and Attorney
General's Opinion C-350 (1965), and numerous case authorities
there cited.
Under~the provisions of Section 61 of Article XVI of
the Constitution o’f Texas , the comniissioners court has the au-
thodty to determine whether justices of the peace are to be
compensated on a'fee.basie or a salary basis. Attorney General's
Opp;;ms C-497 (1965), V-748 (1948), WW-1499 (1962).and V-750
. Article 53.07,,Texas Code of Criminal Procedure, requiring
every justice of the peace to be compensated on a salary basis
hes bean held to.'b+unconstitutional and in violation of Article
XVI, Section 61, Texas Constitution. Attorney General’s Opinion
C-497, supra.
We know of no provision in the Constitution or 'statutes
of State authorizing the commissioners court to compensate
this
justices of the peace on an hourly basis.
The commissioners court may not interfere or usurp the
sphere that is delegated to a county official by law. Pritchard
& Abbott vi McKenna, 350 S.W.Zd 335 (Tex.Sup. 1961). Therefore,
the commissioners court is not authorized to prescribe office hours
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.
Hon. Robert Buntyn, page 2 (M-1197)
of a county or precinct official or the days which such official
would be required to keep his office open. Attorney General's
Opinions O-6679 (1945) and C-350 (1964).
Since the commissioners court does not have the au-
thority to prescribe office hours of justices of the peace and
the method of compensation is prescribed by the Constitution as
either a fee basis or a salary basis, you are advised that the
commissioners court does not have the authority to compensate
justices of the peace on an hourly basis.
SUMMARY
A commissioners court does not have authority
to compensate justices of the peace on an hourly
basis.
Ve94 truly yours,
c. Mh .~~
ey General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Sam Jones
Gordon Cass
John Banks
Bob Lattimore
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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