Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
December 21, 1979
MARK WHITE
Attorney General
Honorable Bill Stubblefield Opinion No. R1+119
Williamson County Attorney
Williamson County Courthouse Re: Whether V.T.C.S. article
Georgetown, Texas 76626 3912k applies to the county judge.
Dear Mr. Stubblefield:
You have requested the opinion of this office concerning two
questions: (1) Is article 3912k, V.T.C.S., and specifically the salary grievance
committee portion thereof, applicable to the county judge of Williamson
County and (2)does the salary grievance committee have jurisdiction to
consider a request by the county judge of Williamson County for an
allowance for hospitalization and retirement
Article 3912k, V.T.C.S., provides in part:
Section L . . . the commissioners court of each
county shall fix the amount of compensation, office
expense, travel expense, and all other allowances for
county and precinct officials and employees who are
paid wholly from county funds. . . .
Sec. 2.(a) The salaries, expenses, and other
allowances of elected county and precinct officers
shall be set each year during the regular budget
hearing. . . .
. . . .
(d) Any elected county or precinct officer who is
aggrieved by the setting of his salary, expenses, or
other allowance by the commissioners court may
request a hearing before the (salary grievance1
committee. . . .
. . . .
Sec. 7. Nothing in this Act applies to compensation,
expenses, or allowances of:
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Honorable Bill Stubblefield - Page Two (Mw-110)
. . . .
(4) judges of all courts of record and presiding judges of
commissioners courts in counties having a population of 1,700,OOO
or more. . . .
Your first question concerns the exception of “judges of alI courts of record’ from
the application of article 3912k by section 7(4) quoted above. The county judge serves as
the presiding judge of the county court, which is a court of record. Tex. Const. art V,
S 15. Stewart Oil Co. v. Lee, 173 S.W.2d 791 (Tex. Civ. App. - Fort Worth 1943, writ ref’d
w.o.m.). However, the county judge also serves as presiding judge of the commissioners
court Tex. Const art V, S 16. Akers v. Remington, 115 S.W.2d 714 (Tex. Civ. App. -
Fort Worth 1936, writ dism’d).
In construing the meaning of the exception in section 7(4) of article 3912k, V.T.C.S.,
we must be guided by the rule of construction which requires that all the language and
every part of a statute shall be given effect and that a statute be construed as a whole to
give effect to the entire act. State v. Jackson, 370 S.W.2d 797 (Tex. Civ. App. -
Houston 19631, afPd, 376 S.W.2d 341 (Tex 1964); Texas Liquor Control Board v. Falstaff
Distributing Company 369 S.W.2d 463 (Tex. Civ. App - Houston 1963, no writ). We note
that section 7(4) alsb excludes “presiding judges of commissioners courts hi counties
having a population of l,700,000 or more, according to the last preceding Federal Census”
from article 3912k, V.T.C.S. To give any meaning to this provision we must apply the
provisions of article 3912k, V.T.C.S., to all other presiding judges of commissioners courts
Therefore, the provisions of article 3912k, V.T.C.S., and the salary grievance committee
portion thereof, are applicable to all county judges except those in counties having a
population of 1,700,OOOor more, according to the last preceding Federal Census. We
understand that this construction is consistent with the actual practice throughout the
state since article 3912k was enacted in 1971.
Your second question concerns whether the salary grievance committee may
consider a request for an allowance for ho@alization and retirement Under section 2(d)
of article 3912k, the salary grievance committee may consider and recommend to the
commissioners court a change in the salary, expenses, or other allowance of the person
requesting the hearing. A recommendation signed by all voting members of the
committee becomes effective without further action. Section 6, article 3912k, V.T.C.S.,
repeals all local, special, or general law which prescribes the allowances for officials
covered by the act. Those allowances are now authorized by article 3912k. See Tex.
Const art III, S 44; Attorney General Opinions H-660 (19761, M-1124 (1972l.These
allowances may include a provision for hospitalization and retirement
SUMMARY
The provisions of article 3912k, V.T.C.S., apply to all county judges
except those in counties having a population of 1,700,OOOor more,
accordng to the last Federal Census. The county salary grievance
P. 349
Honorable Bill Stubblefield - Page Three (MN-110)
committee may consider a request by the county judge for an
allowance for hospitalization and retiement
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
FBst Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Jim Allison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jim Allison
David B. Brooks
Walter Davis
Susan Garrison
Bob Gammage
Rick Gilpin
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