R-679
THEA ORNEY ENERAL
OF TEXAS
Hon. John C. Marburger Opinion No. V-326
County Attorney
Fayette County lte: Applicability to Fayette
La Grange, Texas County of H.B. 257, 50th
Legislature, relative to
County Juvenile Boards.
Dear Sir:
We refer to your recent request for our opln-
ion as to whether Fayette County falls within the pro-
visions of Article 5139, V. C. S., as amended by H. B.
257, Acts of the 50th Legislature, 1947, Vernon's Texas
Session Law Service, page 560, the pertinent part of
which Is as followsr
A . . . or which county is included Ui
and forms a part of a Judicial District of
five (5) or more counties, in one (1) or
more of which counties the civil and orim-
inal jurisdiction vesting by Oeneral Law in
the County Court has been, or hereafter
shall be, transferred to the exclusive ju-
risdiction of the District Court of such
county or counties, and having a combined
population in such Judicial District of
more than thirty-five thousand (35,000) ln-
habitants, according to the last preceding
Federal Census; . . . the Judge of such Ju-
dicial District, together with the County
Judge of such county are hereby constituted
a Juvenile Board for such county. The mem-
bers composing such Juvenile Board in each
such county shall each be allowed addltion-
al compensation of not less than One Hun-
dred Dollars ($100) per annum, and not more
than Three Hundred Dollars ($300) per an-
num, which shall be paid in twelve (12)
equal installments out of FLitherthe gen-
oral fund or the jury fund of such county,
such additional compensation to be fixed
by the Commissioners Court of such county."
Hon. John C, Marburger - Page 2 (v-326)
The 22nd Judicial District is composed of five
counties, namely: Austin, Rays, Caldwell, Fayette, and
Comal. The combined population of said district is 99,-
193 as reflected by the last preceding Federal Census.
The civil and criminal jurisdiction of the
County Court of Coma1 County has been transferred to the
exclusive jurisdiction of the District Court of said
county by the Acts of the 18th Legislature, March 16,
1883, chapter 35, p. 24. See Art. 1970-310, V. C. 9.
In view of the foregoing and the plain and un-
ambiguous language in Art. 5139, supra, you are respect-
fully advised that it is the opinion of this Department
that Fayette County falls within the provisions of said
Act upon its effective date, which is ninety days after
date of adjournment of the 50th Legislature. That date
is September 5, 1947.
We wish to point out, however, that inasmuch
as you have not requested same, we are not passing upon
the constitutionality of the Act; but we believe that
the provision which allows the additional compensation
to be paid out of the Jury Fund of such county comes
within the holding in the case of Carrel v. Williams,
109 Tex. 155, 202 S.W. 504.
SUMMARY
Fayette County falls within the provi-
sions of Art. 5139, TV.C. S., as amended by
H. B. 257, Acts of the 50th Legislature, 1947,'
which provides for a Juvenile Board in coun-
ties, where said counties are within a Judi-
cial District composed of five or more coun-
ties, where said District has a combined pop-
ulation of more than 35,000 inhabitants, and
where in one or more of such counties the
civil and criminal jurisdiction has been
transferred to the exclusive jurisdiction of
the District Court.
Yours very truly
ATTORRRYGERRRALOF TEUS
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Untitled Texas Attorney General Opinion
Combined Opinion