OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUOTIN
fbn. A. X. Turney
County Attorney
Brewster 00uaty
tiplae, Texas
Pear Sir:
iglnion Ho. O-192
ize:
read6 in part a
-i-
ko in the jxmfor-
apply to the
or hi8 00anty r0r
001ff)E)S,
cOZL&381oRSand cO?B-
oolleated by sald otficaaUur-
year and probable dieburssserlte
nclude a&l salaries and expenses
of said office; and said court ahall 3nekeits
order authorizing the appointment of auoh de-
pir.ies,mmiatante and olerks and fir:the oom-
pensation to be paid then wlthln the limitatlone
herein prescribed and determine the number to
be appointed 88 in the diauretlon of 6aid aourt
Hon. 1;. ii. Turney, Page 2
nay be proper; provided that in no case ahall
the Cosmissioners*Court or any sienberthereof
attempt to intluence the appointmentof any
person as deputy, assistant or olerk in any of-
floe. Upon the entry of such order the offl-
oers applying for such assistants,deputies or
clerks shall be authorized to appoint them;
provided that said compensation shall not ex-
oeed the maximum amount hereinafter set out.
The compensationwhich say be allowed to the
deputies, assistant6 or clerk6 above rimed for
their eervices shall be a reasonable one, not
to exoeed the following amounts:
In counties having a populationor
twentF;ive thousand (25 000) or less inhabi-
tants, first assistant o$ chief deputy not to
exceed Eighteen Hundred ($LeQOQOO)Dollars per
annun; other asslstantrr, deputies or clerks
not to exoeed Fifteen Hundred ($1500.00)Dollar6
per annum each.
"1-a. In oountiee having a populationof
twenty-fivethousand (25,000) lnhabitsnts or
less, according to the last preceding Feda)_ral.
Censue, and whose tax values exceed One Hundred
Million Dollars ($lOO,,OOO,OOO), aoaording to
the last approved tax rolls, the first assis-
tant to the Tax Assessor and Golleotor end the
first assistantto the County Clerk may each
receive an annual salary of not to exceed Three
Thousand Dollar6 ($3,000) per annum, and the
oashier to the Tax Assessor and Collector and
the County Clerk may each reoeive an annual
salary of not to exoeed Two Thousand, Four:
Hundred Dollars ($2,400) per annum. The Tax
Assessor and Colleotor shall designate in addi-
tion to the r~irstaesistant and cashier, two
heads of departments,one tc be in charge of
assessing and one to be in charge of collecting
in suah counties,who may reoeive an annual
salary of not to exceed Two Thousand, Four
Hundred Dollars ($2,400) per annun, and any
additional assistants, deputies or clerks to
the Tax Assessor and Collector or the County
Clerk may receive an annual salary of not to er-
Hon. ii. 2. Turney, Page 3
cec:dOne Thousand, Eight Hundred Dollar6
($1,800) per annum. Added Acts 1939, 46th
Leg., H.B. ,$tj57,
11.
"la. I6 counties having a population
OS not less than nineteen thousand, eight
hundred and fifty (1@,850) and not more than
nineteen thousand, eight hundred and ninety-
five (19,895) inhabitants,according to the
last precedingFederal Censua, the Co=e~is6ion-
are Court say approve the appointment of beads
of departments,when necessary, and when addl-
tional allowance for salary is deemed necess-
ary or justified by the OommissionersCourt
of such oounties for heads of departmentsor
chief deputies, a sum not to exceed Two Iiundred
Dollars ($200) psr annum may be allowed, in
adcltlon to the regular salary for such heads
of departmentsor ohief deputies,when suoh
offiaers shall have previously served the
county ior not less than two (2) continuous
yeare. As added Aots 1939, 46th Leg., H.B.
81030, il.
n. . .
?-
"4a. In oountiss having a population or
sixty thousand and one (60,001) and not score
than one hundred thousand (100,000)inhabitants,
according to the preceding Federal Census and
containinga city of not less than fifty-two
thousand (52,000) inhabitantsacoordingto the
preoeding Federal Census, heads of departments
may be allowed by the CoazissionersCourt, when
in their judgrnsntsuoh allowable 16 justiii~d,
the sum of TWD Hundred Dollars ($200) per annuu
in addition to the amount hereinberoreauthor-
ized to either First Assistant or Chief Deputy,
or other Assistants, Deputies or Clerks, when
such heads of deparlznents Sought to be appointed
shall have previously served the oounty or poli-
tical subdivisionthereof for not less than tw,
(2) continuous years; provided no heads of de-
partzents shsll be created except where the per-
sons ought to be appointed shall be in actual
Hon. A. 3. Turney, ijage4
charge of some department,with Deputies or
Assistants,under his supervision,or a depart-
mnt apgmoved by the Court, and only in offices
capable.of a bona fide subdivision into depart-
mnt5. As added Acts 1937, 45th Leg., p. 581,
oh. 290, il.
-5. In counties having a populationof one
hundred thousandand one (100,001)&nd not more
than one hundred and fifty thousand (150,000)
inhabitants,first assistant or chief deputy not
to exceed Twenty-six hundred ($2600.00)Dollars
per annum; heads of departments may be allowed
by the GOx&36iOners' Court, when in their ju@ment
such allowance is justtiled, the sum of Two Hun-
dred (#2OO.U0)Dollar6 per annum in addition to
the amunt herein allowedV when such heads of
departmentssought to be appointed shall have
previously served the aounty or politloal subdl-
vision thereof for not less thsn.~ two aontinaous
years; other assistante,deputies or clerks not
to exceed Twenty-threeHundred ($2300.00)Dollars
per annum eaoh. . . ."
The assessed tax valuation of property for Drew-
ster County for the year 1939 wae $7,708,646.00, 'fhs
populationof 6aid county, acaording to the la6t Federal
Census, is 6,624 inhabitants.
Under the provision6 of the above mentioned sta-
tute certain oounties aoming within a designated population
braoket,the Comnlssioners*Court may approve the appoint-
ment of heads of departments,when neae66ary,and when
additional allowanae for salaries deemed neoessary are
justifiedby the Goymi6sioners~Courts of 6zch countlea.
For heads of departmentsor chi6f deputies 8 sum not to ex-
ceed @.%O.OO per annum may be allowed, in addition to the
regular salary for suah head6 of departmentsor ohief
deputies when such officers shall have previously served
the county for not less than two continuous years. Also
oountieswhose tax values exoeed certain amounts es de-
siC;natedin the above mentioned statute, acoordingto the
last approvedtax rolls, certain assistantsas named there-
in are allowed the salar&es as are provided in the statute.
Brewster County does not come within any of the
l&n. A. dd.Turney, Page 3
above mentioned population brackets whioh would allow
the Commlesioners~Court to apgrove the appointmnt of
heads of depart?aehtsand allow additional salary for
heads of departments or chief deputies In a sum not to
exceed #ZOO.00 per anhum, in additfon to the regular
salaries for such heads or departments or ohier deputies,
when such officers have prevlouslyy~ervedthe oounty for
not less than two continuous years. Aleo, the assessed
tax valuation of Brewster County is not such as would
authorize additionalallowance for salclries of deputies.
The provision of the statute that applies to
Ghe compensationto be allowed deputies, assistants or
olerks for their services in Brewster County is Section
1 of krtiole 3902, supra, which provides:
"In counties having a populationof
twenty-fivethousand (25,000)or less inhabi-
taZHi8, first assistant or Ohiei deputy not to
exoeed Eighteen Hundred ($1800.00)Dollars per
aarnna;other assistants, deputlea or olerks
not to exceed Fifteen Hundred ($1800.00)Dol-
lars per annum ee0h.v
In view of the roregolng statute, your question
ie anewered in the negative. -i-
Trusting that the foregoing fully answers your
inquiry,we remain
Yours very truly
ATlWRNEYGENERALOFTEXf6
BY (Signed)
Ardell Wwilliams
Assistant
APPaovEn: February 9, 1940
h. F. idoore (Signed)
KlXST k&iSTANT ATTORNEY GENEzJi;KnL
GF TEXAS
aT'?BOVEDOPINION CO&ITTEE BY B.‘UY.B.
CWIRW,N