Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAii’OF TEXAS Honorable II. L. .Xobe&oii county atorney Nlnkler county Kenit, %zae Dear Sirr of a Conatabls, able*8 salary ha6 the Con~lealo5ats’ 'icls~?i912e, Sac. 17 (a), Vernon's I5 countiee where it shall heva bsen Court of suoh county to fix the sa.lary al- lowed to such offioers. Eaoh of said ofricers ahal& be paid l.n money an annual salary in twelve (12) equal ihstallments of not leas than the total cmn earned 88 cc..pensation~earnsd by him in his official Honorable 8. L. Roberaon, Page 2 ‘.. eapbotty for the fiscal year 1935 andaot more than ths maximum mount allowed auoh offioer under laws exiat- In6 August 24, 1935, *In view of tha foregoing iiuthorlty tha Co~iealoaerar Court unquaatl6nably has tha au- thorlty to set the oonstabla'a salary in Jan- uary, but it is doubtful as to whether or not the Court haa the authority to'eaise or lower the salary Wring the remainder of the year. "Ln your opinion, is it possible In any way to miss the salary of a conetable after the salary has been set Sor tha year. Ths salary nnxat be paid in twalve (12) equal in- stallments as set out In the statutes.” Xlnkler County has a .populstion of 6,178 ‘lnhabi- taats accordin to the 1940 Federal Census. Seotion 18 of Qtiale JBlEe, Vsmon*a kxnotated Civil 3tatute8, provides .ln part: “The Commlsaloneral Court In oountles havin a population OS lssa than twenty,thou- sand 'f 20,000) lnhabltanta, aocordlng to the last praosding Psdeml Cansus at the first regular meeting in January of eaah calendar year, may pass an order provldfag for aom- pensatlon of all oounty and precinat offiosra on a salary basis. . . ." Se&ion 17 (a)j'Artlole 39120, aupm, reads in party as followa: *The term *Preolnot OS?iceral aa'uaed la this Aot means justloea of the pea00 an4 eon- aDables. *. . . *(b) In oouatiea whare it ahall,havs'been determined that preoinot oliiosra rhall be .oom- pensatad on aa annkal salary basis It sha&;,be the duty of’ the Cawulsslon~re~ Court of euoh' couaty'to tlx the salary allowed to suoh otTi.- cers. fiaoh df eal4 officers shall be ,pal4 in Honorable Ii. L. Roberaon, Page 3 money an annual salary in twelve (12) equal inatallmenti~ of not lea8 than the total 8um sew504 as coapenaatioa earned by him in hi8 offioial capacity for the flaaal year 1935 an4 not more than the maximum alpount. allow- ed suah oifioer under laws existing August 24, 1935. . . .* In our opinioa Ho. o-1595, itiis stated: * that the caamisaionera* oourt has the rlihi ;nd authority to fix the salarlea of the orflcsra name4 in Ssotioa 13, Article 39120, aupra, at any mount not leas than the total sum earned as ooapensatlon by the offi- cer in hi8 offloial capacity for the flaoal year 1935, an4 not mor4. than the maximum amohnt allowed such officor under laws 'existing 05 August 24, 1935, a54 when suoh salaries have once been fixed by tha aommisaloneral court ror 5814 otrlcera, they cannot be changed during that year; however, then oomialssloneraf oourt may ahange the salaries of said offl- oers for the Soll0wl5g year, provided suoh salaries are not leaa than the total 8um ear544 as oompsnaatlon by the orflcer in his ‘olfiolal capaaity for the fiaoal year 1935, and not more than the aaxinuan~amount allowed auoh ofiioer un4sr laws existing on August 24, 193s.” It will be noted that Seotlon 1.3, Artlole 39124, whlah is referred to in th8 above mentioned opinioa ia ap- plicable to oouatlea having a population of 20,000 inhabi- tants or more, an4 leas thag 190,000 lnhabktante acoordlng to the last precedlhg Federal Census. However, we think that the ooaverae of what wa8 sai4 there with refersnos to a dearease la salary is equally applioabls to paragraph (b) Seotlon 17, Art&la 39124, regardi% an iaarease ln the salary of a oonstable, Therefore, it la our opinion that when the salary of the oonstable haq~ onoe been fixed by tbs Cominiaaioners~ Court for the year in oompltaaoa with Sea- tion 17, aupra, the salary cannot be ahanged during that year; however, the Cofmi55lOnsrS ) Court may change the aal- ary of the constable ror the following year, provide4 auoh salary la not lass than the total sum earned a8 oo~~ens4- tlon by the constable in his official oapaclty fox the fiscal year 1935, and not more than the maximum amount allowed auoh Honorable H. b. Roberoon; I?¶&34 officer under iawe existing an August 54, 1935. Spealflaally answering your queetlon, there ia no w8p that the COD&S- sioners* Court aan raise the salary of a aonstabls who is coapeneated on an annual salary basis.after such salary has been set. Iu other worda, the salary of the aonstable can- not be increased or Uecramed after it haa been fixed by the Commisslonere~Court for that year, but may be lncreaaed or deareased for the following year @thin the limitation@ set forth In Seotlon 17, 8uprar * It is stated in 09inioa No. C-1595, supra; 0 it is the opinion of this Department that t~e'o&alssloner~t court hae no authority to fix or change the salaries or the county cOmmlsaloners, . . ." Articles 2360 - 2350-1, inolueive, Vernon'8 Anno- tated civil Statutes, grovlde for the salaries of the County Comiseloners In the rarioua oounties. Article 2350(2) pro- vides: "The Coamlsaicnera'Court at it6 first regular meetlnS each year shall, by order duly made and entered upon the @lnutes of same oourt, rix the salarler of the oounty oommls- ,slonerafor such year within the limits as provided for In this sot.* Therefore, the CommissionsretCourt haa the author- ity to rir the ealarlea~of the County Comihsioners at Its rlrst regular meeting each~year, for suoh year, within the' limits a8 provided for in the sot. Our opinion No. O-1595, supra,,is modiSle aaoordiagly to this extent. iVeare enoloelng a 009~ of said opinion for pour lnfonnatlon. Trustlog that the foregoing fully answers your in- quiry, we are $.kre .very'truly ~.