Untitled Texas Attorney General Opinion ( 1951 )

Hon. Austin F. Anderson Opinion No. V-1310
Criminal District Attorney
Bexar County Re: Effect of variance
San Antonio, Texas between preliminary
and final census re-
ports upon salaries
paid on the basis
of the preliminary
Dear Sir: report.
The following question in your opinion re-
quest is submitted for determination:
"Are the changes in the bracket laws
in Bexar County made in accordance with
the preliminary announcement of the 1950
census July 12, 1950, rendered null and
void by the final and corrected census
report, Issued April 11, 1951, which the
Attorney General has ruled governs the
population bracket for Bexar County?"
Your opinion request further states:
%ou will recall that on July 12,
1950, the preliminary announcement of
the 1950 Federal Census for Bexar Coun-
ty at 496,000 was made. Prior to that
announcement the District Judges of
Bexar County, as members of the Juvenile
Board, were being compensated in the
amount of $2 900.00 per annum, allowed
under Art. &a-3, V.C.S., $2,500.00
plus $400.00 of the amount allowed under
Art. 5142b, Section 1 and Section 15,
but not to exceed $2,900.00 under Art.
681ga-6, V.C.S.
"Following this preliminary an-
nouncement causing P change in the
bracket law appliceble to Bexar Coun-
ty, the District Judges no longer came
under Art. 5142b, Sec. 1 and Sec. 15,
Hon. Austin F. Anderson, Page 2 (V-1310)
which resulted in the reduction of their
compensation as members of the Juvenile
Board from $2,900.00 to $2,5OO.OO. They
were thus being compensated only under
Art. 6819a-3, V.C.S. However, Art. 681ga-
6, V.C.S., allowing a maximum compensa-
tion of $2,900.00 still applies, but with
no provision for it to be received. The
result of the preliminary announcement was
that the Juvenile Board members' compensa-
tion was reduced $400.00 annually.
"On Ppril 11, 1951, the second and
final Federal Censusfor Bexar County was
announced at 500,460. Subsequently, your
opinion V-1175 ruled that the population
bracket of Bexar County changed simultane-
ously with the official pronouncement of
the final census report for Bexar County
on April 11, 1951. Thus another change
in bracket laws was necessary.
"The result of this final census re-
port was to reduce the maximum compensa-
tion of the District Judges as members
of the Juvenile Board from $2,5OO.OO per
annum allowable under Art. 681ga-3 in
counties of population not exceeding 500,-
000, to $1,500.00 per annum allowed under
Art. 5139, V.C.S., making an annual re-
duction of $l,OOO.OO.
"On May 28, 1951, Senate Bill No. 78
was passed by the 52nd Legislature (Vol.
4, Chapter 303, p. 485, Texas Session
Laws, 52nd Leg.) amending Art. 681qa-3
and becoming effective the same day. This
is a mandatory law giving the District
Judges an annual compensation of $2,900.-
00 as members of the Juvenile Board.
"As a result of these changes in the
bracket laws the District Judgee' compen-
sation was reduced approximately three
hundred dollars between July 12, 1950, the
date of the preliminary announcement, and
April 11, $351, the date of the final cen-
sus report.
Hon. Austin F. Anderson, Page 3 (V- 1310)
In Attorney General's Opinion V-1175 (1951),
it was said:
"A preliminary announcement by the
Area or District Census Supervisor of
the population of a particular area
amounts to an official announcement of
which notice may be taken officially.
Holcomb v. Spikes, 232 S.W. 891 (Tex.
Civ. App. 1921, error dism.
State 119 Tex. Crim.204, 4,
m&xGar;;ttA;p Anderson, 144 S.W.2d
. . . 940, error dlsm.
judgm. car.)."
In Garrettv. Anderson, supra, the court
said:
"We are of the opinion, therefore,
and here hold as a matter of law, under
the record made here, that the report
of Supervisor Morris amounted to an of-
ficial announcement, in behalf of the
federal government, that the population
of Bexar County, according to the last
preceding census, is 337,557, subject to
such necessarily slight and here immate-
rial corrections as my be made in the
final figures promulga.iedby the appro-
priate authority in the National Govern-
ment. It follows from this conclusion
that the County officials of Bexar Coun-
ty were authorized to take official LO.-
tice of that report as a declaration of
the.'last preceding * * * Federal Cen-
sus' as contemplated In Article 2326a,
and, accordingly, to discontinue payment
of the salaries prescribed in that statute
for court reporters In counties having
a population of not less than 290,000
and not more than 325,000. The trial
courtiherefore did not err in refusing to
issue any writs requiring the county of-
ficials to authorize and make payment of
such salaries."
In Holcomb v. Spikes, supra, it wassaid:
"We think the case of Nelson V. Edwards,
55 Tex. 389, lndlcates,when the enumerators'
Hon. Austin F. Anderson, Page 4 (V-1310)
list is filed, as required by the law, as
it then existed, this made it such evi-
dence as that public officials could and
should act upon It. There was no other
method provided or shown requiring a pr;-
clamation placing the census in effect.
We agree with you that the county officials
of Bexar County were authorized to perform certain
acts relating to salaries of county and district of-
ficers in reliance upon a preliminary report of the
census, and, In our opinion, these acts are not ren-
dered null and void by the release of the final cen-
sus placing the county In a different population
bracket. We believe the facts in the case of Gar-
rett v. Anderson,,-, to be controlling as they
relate to the question under consideration. An of-
ficial preliminary announcement constitutes the
"last preceding Federal census" until it fs super-
seded by a subsequent official announcement, and
acts done in reliance on the preliminary announce-
ment are valid.
SUMMARY
The final Federal census report is-
sued April 11, 1951, does not render null
and void any changes made in salaries in
Bexar County in reliance upon a prelimi-
nary announcement of the 1950 census
issued on July 12, 1950. Garrett v. Ander-
son, 144 S.W.2d 971 (Tex. Civ. App. 1940,
error dism. judgm. car.); Att'y Gen. Op.V-
1175 (1951).
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
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