*,’
OFFICE OF
4
THE AIYTORNEY GENE=
AUSTIN. TEXAS
PRICE DANIEL
~+ORNEY GENERAL February 27, 1948
Ron. Alfred M. Clyde opinion NO. v-512
District Attorney
Tarrant County Re: Compensationof County
Fort Worth, Texas Judge of Tarrant Coun-
ty.~
.Dear Sir:
Your request for an opinion from this office
on the above subjeot matter is as follows:
"A question conoernlngthe salary
of the County Judge of this county has
been presented by the County Auditor for
determination. The facts are as follows:
nArt. 3912e-1 as amended by the 49th
LegislatureActs 1945, provides in part:
wlThe County Judge of such coun-
ties shall each receive a salary of
$7400.00 per annum In lieu of all other
compensationnow provided by law.'
"At the time of the passage of that
amendment the County Ju e of tbls coun-
ty received a salary of7 6500.00 per year
and'an additional $900.00 per gear’under
2:. ;i142b,Set's 2 and 15, which provide:
. 2
"'The Juvenile Board of such couu-
ties shall be composed of the Judges of
the several Dlstrl@ and Criminal Dls-
trict Courts thereof together with the
County Judge thereof.' :
"Sec. 15 of the same act provides:
"'The members composing said juven-
ile,board in such counties, on account of
the additional duties hereby imposed on
them are each hereby allowed an addition-
Hon. Alfred M. Clyde, page 2 (V-512)
al compensationof $75.00 per month to
be paid by the Commissioners'Court in
such counties, and the same to be in ad-
dition to all compensationnow allowed
by law to such officers.'
nArt. 5142b was enacted by the 45th
Legislature in 1937.
"From Januae 1, 1946, to date the
County ,Judgeof this County has been paid
on the basis of $7400.00 per year with no
additional compensation.
"The 50th Legislaturein Art. 38838
with reference to counties of 145,000 to
250,000, $.nwhich bracket this county
falls, provided in Sec. 2 of that Act:
"'The County Judge, Sheriff, Dls-
trict Attorney, or Criminal District at-
torney, as the case may be, the District
Clerk, County Clerk, and Assessor and
Collector of Taxes shall receive a sal-
ary .of,
not less than $7400.00 per annum
from.the officers' salary fund in such
counties.'
"!@e County Judge here, proceeding
under that act, applied for an increase
of $lCiOO.OOper annum effectiveJanuary
1, 1948. Such increase was disapproved
by the Commissioners'Court. Bow the
County Judge is asking that he be paid
the $75.00 per month as provided in
5142b set out above. In explanation,
the present County Judge was the holder
of that office at the time of the amend-
ment to Art. 3912e-1.
"It is the opiliionof this bfflce
that the 49th Legislatureamended Art.
3912e-1 with the intention that the
County Judge in counties of 225,000 to
500,000 should receive as total comoen-
sation $7400.00 per year and expressly
provided that to avoid the payment of
the compensationas called for in Art.
5142b for members of the Juvenile Board.
Eon. Alfred M. Clyde, page 3 (V-512) 221
It Is also our opinion that Art. 38838
placed a minimum on the salar,leqto be
paid certain county officials&&If an
additional compensationwere to be paid
It would only be through the consent and
authority of the Commissioners'Court
and such payment would be discretionary
with them. Therefore,it is our opinion
that the County Judge of Tarrant County
is receiving at this time the maximum
salary authorizedby law until such time
as the Commissionerat Court by proper
order authorizes the payment of an addi-
t10na1 sum.
"I would appreciate the opinion of
your offlce on the above subject and un-
til such~timeas I receive an opinion
from you, I am sending a copy of this
opinion to our County Auditor for his
guidance. Thanking you in advance and
with kindest personal regards, I remain."
Section 15 of Article.5142b,V. C. S., *as
held unctinstitutionalby Attorney General's Opinion Ho.
O-3777, a copy of which ls'enclose$. Therefore, It is
unnecessaryfor this office to determine the appllca-
bllity of this section to the question presented in
your inquiry.
Article 3912e-1, V. C. S., (applipableto
counties having a population of 225,000 or more and
less than 500,000 Inhabitantsaccording to the last
preceding Federal Censds) was amended by H/B. 241,
Acts of the 49th Legislature,1945, and provided that
the Count Judge of such counties should receive a sal-
ary of $7100.00 per anuum. Ii.B. 241 was then~amended
by the same Legislatureby H. B. 849. However,~It con-
tained a similar provision with reference to the COmty
Judge's salary. We quote the following provision from
H. B. 8492
"The County Judge of such counties
shall each receive a salary of Seventy-
four Hundred Dollars ($7400) per annum
in lieu of all other compensationnow
provided by law.
In 1947,,the Legislaturepassed Hi~B. 631 (Art-
t
222 HOIl. Alfred M. Clyde, page 4 (V-512)
lcle 3883g, V. C. 3.) which provides as follows:
"Section 1. The provisions of this
Act shall apply to and control in each
county in this State having a population
of not less than one hundred and'forty-
five thousand (145,000)and not more than
two hundred.andfifty thousand (250,000)
inhabitants,according to the last pre-
ceding Federal census..
"Sec. 2. The County Judge, Sheriff,
DistrictAttorney, or Criminal District
Attorney, as the case IUQ be, District
Clerk, County Clerk, and Assessor and
Collectorof Taxes'shallreceive a sal-
ary of not less than Seven Thousand,Four
Hundred Dollars ($7,4OO)'perannum from
the Officers Salary Fund, in such couu-
ties.
"Sec. 3. The Commissioner.% Court is
hereby authorized,when in Its judgment
the financial condition of the countg~
and the needs of the Deputies; Assistants
and Clerks of any District, County.orTre-
cinct Officer justify the increase, to
enter an orderincreasing the compensa-
tion of such Deputy, Assistant or Clerk
in an additional amount not to exceed
twenty per cent (20s) of the sum allow-
ed under the law for the fiscal year of
1946.
'Sec. 4. The CommissionersCourts
of each county affected by this Act shall
amend the budget to provide sufficient
funds to pay additional compensation.
Qec. 5. This Act Is not intended
and shall not be considered or construed
as repealing any law or laws now on the
Statute books except those in conflict
herewith, and to the extent of the con-
flict only, but in other respects shag1
be construed as being cumulativelaw.
It is noted by.the provisions of Section 5 Of
the above Act, the Legislature intended this Act to be
HOG, Alfred M. Clyde, page 5 (V-512)
cumulative of other laws on the same ~subject. Insofar
as H. B. 631, Acts of the 50th Leglslature,~leappllca-'
ble to the salary of.the County Judge df Tarrant County,
it is not In conflFct with Article ‘J912e-1and there-
fore,~does not repeal or amend this Article In this re-
' spect.
Therefore, it is our opinion that the County
Judge of Tarrant County is subject to the provisions of
Article 3912e-1 and that he Is only entitled to a sal-
ary of $7400.00 per annum,
SUMMARY
The salary of the County Judge of
Tarrant County is governed by the prod.-
sions.of.Article3912e-1, V. C. 9. as
amend&d by B, B. 849, Acts,.of~the49th
Legislature.,and the County Judge is on-
ly entitled to $7400.00 per ahnum. Arti-
cles 38838, 3912e-1, V. C. S.; Opinion No.
C-3777.
Yours very truly,
ATTORNEY GWERAL OF TJZXAS
JR:& John Reeves
Encl. Assistant
APPROVED: