Untitled Texas Attorney General Opinion ( 1951 )

.-
October 15, 1951
Rcn. R. C. Marshall Opinion No. V-1317
County Attorney
Hutchinson County Re: Obligation of the Comis-
Stinnett, Texas sioners' Court to place
justices of the peace on
Dear Sir: a salary basis.
You have requested an opinion on the fol-
lowing question:
"May the justices of the peace legally
require the Commissioners' Court to place
them upon a salary basis?"
Section 61 c? Article XVI of the Consti-
tution of Texas provides in part:
"All district
_- officers in the State of
Texas and all county officers in counties
having a population of twenty thousand
(20,000) or more, according to the then
last preceding Federal Census, shall be
compensated on a salary basis. In all coun-
ties in this State, the Commissioners Courts
shall be authorized to determine whether
precinct officers shall be compensated on a
f basis or on a salary basis, with the
ezzeption that it shall be mandatory upon
the Commissioners Courts, to compensate all
constables, deputy constables Andyprecinct
l&w enforcement ~officers hi a salary basis
beginning January 1, 1949; and in counties
having a population of less than twenty
thousand (20,000), according to the then
last preceding Federal Census, the Comis-
sioners Courts shall also have the author-
ity to determine whether county officers
shall be compensated on a fee basis or on
a salary basis, with the exception that it
shall be mandatory upon the Commissioners
Courts to compensate all sheriffs, deputy
sheriffs, county law enforcement officers
including sheriffs who also perform the
Hon. R. C. Marshall, page 2 (V-1317)
duties of assessor and collector of taxes,
and their deputies, on a salary basis be-
ginning January 1, 1.949. . . .
It was held in Attorney General's Opinion
V-748 (1948) that justices of the peace were not
"law enforcement officers" within the meaning of
Article XVI, Section 61 of the Constitution of Texas
requiring all precinct law enforcement officers to
be compensated on a salar basis. In Attorney
General's Opinion O-7535 7 1945) it was held that
all counties may determine whether precinct officers
shall be compensated on a fee or salary basis.,
Since justices of the peace are precinct
officers (Reynolds v. Tarrant Count 78 Tex. 289,
14 S.W. 580 (l&@O), and Article 39&A, Section 17,
V.C.S.) and are not law enforcement officers within
the meaning of Section 61 of Article XVI of the
Constitution of Texas, it is within the sole discre-
tion of the commissioners' court to determine whether
the justices of the peace shall be compensated on a
fee or salary basis. You are therefore advised that
the justices of the peace cannot legally require
the commissioners' court to place them on a salary
basis.
It is within the sole discretion of the
cou,Gssionerst court to determine whether
justices of the'peace shall be compensated
on a fee basis cr on a salary basis. There-
fore, the justices of the peace cannot re-
quire the commissioners' court to place them
on a salary basis. Section Gl, Article XVI,
Constitution of Texas: Att'y Gen. Ops. O-7535
(1946) and V-748 (1948).
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DANIEL
County Affairs Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
Everett Hutchinson
Executive Assistant
Assistant
JR:mh