OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
QROVLR SELLERS
ATTORNEY GLNLRAL
iionorable 3. R. Allen
County Attoraey
HElarlltoIl county
Iimi1toa, Texas
D68r~ Sir:’ ”
‘,
ta IA your letter, that, couatg cotxls-
sionors of this count7 &h~sve been recelvlni; $1200.00 per gear,
but they rtxmon that 31xe, their asseXmi.valuatLm f”r last
gem mo3 $0,450,003.30, they should remwe, tkc $1800.00 per
year, althou@ the population of the county, la b&t 13,303,
s~ace’logicnllg the ansessed valuation is the proper test.”
Thi? above guotd Act ,becnme effsctive on April 5,
1941. According to the 194;s' CG.?SI~, the only Cbunty ita ?!aXaS
Honorable 3. R. Allen, page 2
that would be affected by the Act would PC tha county of
Jasper. Although there iwe several other counties In the
State of Tenon which toss very nearly the came population
aa ‘hsper County, none of theae would benefit by the act
in question. Thin Jeyctrtwrt h&6 SsFentedly hsld Acts of
this charactsr urrconstltutlonhl aa telcg a locel or special
.~EIUvlthln the potllbitlon OS Section 56, Article i’l1, of
the ConstLtution. Sea ti:uar, at ai. v. rll Paso Countg,
(Sup.) 150 3. Y. (2il) 13i)O; Jameeon,. ct.al. v. Smith, (Clv.
App.) 161 3. W. (2dj 520; 0iY3 oplnlons Roe. o-3237 and
O-3723 of this department which arc enclosed.
la view of’the uell estnbllshed Une 3S nuthwlt&es,
ue hold ths Act In question uncmscitucicaal far the reason
that ic 1s a local l&w condemned bj’ our Constitution. Hov-
ever, UC cotice IQ your letter that you- stete thet ths com-
missioners of your county are recelvlng only 4il2OO.OO per
year, though the assessed valuation Sor last ye&r VW Eight
Million, F~uI’ fi~~Gr& C& Fifty Thousand Doll6~‘~ ($c,450,000).
It occurs to us thatArticle 2350, V.A.C.S., would psrmLt
a county ulth your valuation to pay a salary of $1400.00
per year to its coimniasloners. k’e are sncloslng our opln-
ion Ro. 0-b37d uhidh deals ulth that question.
It is sincerely. hopdd that our vleus la the prea-
ises ~111 assist you vlth your prcb,lems.
Very truly yours
ATTORHEX
OZB?BAL OF TEXAS
Assistant
EA:db
Enclosures