Untitled Texas Attorney General Opinion ( 1951 )

Hon. Matthews Blanton Opinion Ro. V-1527
County Attorney
Shackelford County Re: Maximum compensation
Albany, Texas of county commission-
ers and other county
officials and their
deputies of Shackel-
Dear Sir: ford County.
You have requeste,dan 0pFnlon concerning
the maximutncompensationof the county domissioners
and other c.ountyofficials of ShackelfordCounty and _
their deputies,*assistants,and clerks.
ShackelfordCounty has a population of
5,001 InhabitantsaccordLng to:the-1950Federal'cen-
SUB and a tax valuation of $10,879,560according to
the 1950 tax rolls. Its 'count officialswere com-
pensated on a fea.basis in 194iIand are now compen-
sated on a salarybasis.
The compensationof the countg'comls-~
sioners is governed by Articles 2350 and 5912 g, V.C.S.
The compensationof.the county treasurer is governed
by the provisions of Section 1 of House Bill 265,
Acts 52nd Leg., R,S. 1951, ch. 391, p. 675'(Article
3943e, V.C.S.). The compensationof the remaining
county offiaials is governed by the provisions of
Section 3 of Article 3912g, V.C.S.
Article 2350 provides in part:
'Section 1. In counties having the
following assessed valuation, respectively,
as shown by the total assessed valuat$ons
of all properties certified by the $ounty
assessor and approved by the Commissioners
Court, for county purposes, for the pre-
vious year, from time to time, the County
Commissionersof such counties shall each
receive annual salaries not to exceed the
amounts herein specified, said salaries
to be paid in equal monthly installments,
. .
Hon. Matthews Blanton, page 2 (V-1327)
at least one half W?:?), and not exaeed-
Lng three-fourths (3/4), out of the Road
and Bridge Fund, and the remainder out of
the General Fund of the county; said as-
sessed valuations and salaries applicable
thereto being as follows:
II
. . .
'$6,000,001and less than g,OOO,OOO not
20 exceed $1,800,00.
a~l~,~OO,OO1and less than 12,000,OOO
ffottonexceed $2,200.00.
. . .
Since ShackelfordCounty ha&a taxi
valuation of $10,879,560.00(1950 tax rolls);the
maximum compeesatlonall.owedthe county commlsslon-
era under Article 2350 is $2200.00, Seation 1 'of
Article 3912g authorizes an Increase in compensa-
tion "not to exceed twenty-five (25%) per cent of
the $um allowed under the law for the~fi&a+'ye;arof
Since ShackelfordCounty had a tax valua-
%? in 1948 (1947 iax rolls) of $8 808 535.00
the maximum allowed under the law t; thi bonnt$,comr
missioners in 1948 was $1800.00. Therefore, Aliticle
3912g authorizes an Increase in compensationnot to
exceed $450.00 (25% of,$l800.00).
In view of the foregoing, it is our
oplnion!thatthe maximum salary that may be.~paid
the county c.ommissionersof ShaakelfordCounty dur-
ing 1951 is $2650.00 ( 2200.00 plus $450.00).
Att'jTGen. Op. V-1004 t1950).
Section 1 of House Bill 265, supra, pro-
vides:
nIn each county in the State of Texas
having a opulation of less than twenty
thouaapd 720,000) inhqbitantsaccording to
the lest preceding Federal Census, where
all the county officers are compensatedon
a salary basis, the CommissionersCourt
shall determine annually the salary to be
paid the county treasurer, provided that
the annual salary to be paid to the County
treasurer shall not be set at any sum less
than One Thousand, Eight Hundred Dollars
. .
.
Hon. Matthews Blanton, page 3. (V-1327)
($1,800) per annum.“
BY virtue of the above quoted provision,
no maximum is prescribed for the county treasurer.
Att'y Gen. Op . p-1216 (1951). Therefore, the corn-
mleelonersl court may set the salary of the county
treasurer at any reasonable amount not leas than
$1800.00 per annum.
Since the county officers of Shackelford
County were on a fee basis in 1948 and are now'compen-
sated on a salary basis, the salary of the remaining
county bfficlala Is governed by the provlalons of
Section 3, Article 3912g, V.C.S., rather thati.Arti-
cle 3912e-12, V.G.S. Att'y Geq. Op, V-882 (1949).
Section 3 of Article 391.2g provldee:
"All of.auch offlaers who were pal&on
a fee baele during the fiscal year ~of1948,
and who ape .nouto be paid on a salary basis
shall be paid an annual salary in twelve (121
equal Installmentsof not less than the total
sum earned as aompensationbp him in hiti-of-
flclal.capacity for the ,fiscalyear tif.1935,
and not more than the maximum sum allowed
such officer under the laws ,existiingon Au-
gust 24, 1948, together with the twenty-
five (25%) per cent increase allowed by this
Act within the discretion of the Commiasi,oners
court."
The maximum sum allowed under the law to t
the county officials of Shackelford County ln 1948
was $3,750.00. Articles 3883 and 3891, V.C.S;
Therefore, the'maximum compensationthst may be paid
the county ,offl.cials of ShaakelfordCoUnty
by Section 3 of Article 3912g, Is $4687.50g&~8g?%
Plus $937.50). In addition to the aompensatloh pro-
vided for In Section 3 of Article 3912g, the tax-
assessor-collectoria entitled to the additional
compensationprovided for in Section 57 of Article
1436-1, V.P.C., as amended by Senate Bill 271, Acts
of 52nd Leg., ah. 368, p. 620. :SeeAtt'y
Gen. Op. V-1294
While Article 3912e-12
is not applicable
to the compensationof the county offlciale of
Hon. Matthews Blanton, page 4 (v-1327)
Shaakelford County by virtue of the provisions of
Section 3 of Article 3912g, it is noted that Sec-
tion 3 of Article 3912g does not apply to the depu-
ties, asslet&nts, and clerks, whose salaries are
governed~by 3912e-12 and Section 2 of Article 3912g,
since Shackelford County has a population of less
than 20,000 and its county officers are compensated
on salary basis. Article 3912e-12 authorizes a
salary of $3600.00 for the deputies, assistants,
and clerks. Section 2 of Article 39128 provides:
:I
"The CommissionersCourt in each county
of this State is hereby authorized,when in
their judgment the financial condLtlon of the
county and the needs of the deputies, assis-
tants and clerks of any district, county or
precinct officer justify the increase, to
enter an order Increasing the compensation
of any such deputy~asslstant or clerk In an
additlonal.amountnot to sxceed thirty-five
(35s) per cent of the sumallowed under the
law for the fiscal year of 1948."
The sum allowed for the chief deputy,
assistant or clerk in ShaakelfordCounty under the
law in 1948 was $2250.00 and $1875.00 for the other
deputies, assistants, and clerks. Article 3902.
Section 2 of Article 3912 authorizes an increase
not to exceed $787.50 (359 of $2250.00) to'the chief
deputy, assistant, or clerk and an Increase not to
exceed $656.25 (35% of $1875.00) to the other depu-~
ties, assistants, and clerks.
Therefore, the maximum salary that may
be id to the chief deput assistant or clerk Is
443g.50 ($3600.00 plus $&.50) and tie maximum
salary that may be-paid to the other deputies, as-
sistants, and clerks Is $4256.25 ($3600.00plus
$656.25).
SUMMARY
The maximum compensationof the County
Commlsslonersof ShackelfordCounty Is now
$2650.00. Arts. 2350 and 3912g, V.C.S.;
Att'y Gen. Op. V-l.004.
The Comlssioners’ Court of Shackelford
County may set the salary of the county
treasurer at any reasonable sum not less
Bon. Matthews Blanton, page 5 (V-1327)
than $1800.00. H.B. 265, Acts 52nd Leg.,
R.S. 1951, ch. 391, p, 675; Att'y Gen. Op.
V-1216.
.
The maximum compensationthat may be
paid county officials of ShackelfordCounty
is $4687.50,Art. 3912g, Sec. 3. In addi-
tion to the compensationprovided for in
Section 3 of Article 3912g, the tax assessor-
collector is entitled to the additional compen-
sation provided for In Section 57 of Article
1436&l, V.P.C., as amended by Senate Bill
271, Acts of 52nd Beg., R.S. 1951, ch. 368,
p. 520.
The maximum salary that may be paid to
the ahief deputy, assistant, or clerk la
$3383:;§9, and themaximum salary that may
be paid to the other deputies, assistants,
and clerks La $4256.25. Arts. 3883, 3891,
3912e-12, and 3912g, V.C.S.
APPROVED: Yours very truly,
3. C..Davis, Jr. PRICE DARIEL
County Affairs Mvislon Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
Everett Hutchinson
Executive Assistant
JR:mb