Untitled Texas Attorney General Opinion ( 1951 )

THEATTORNEY GENE 0F TEXAS AUSTIN 11. TEXAS PIPlCE DANlEL January 22, 1951 Hon. F. T. Graham opinion Ro. v-1145. County Attorney Cameron county Re: Compensation of county Brownsville,Texas officers in Cameron county. Dear Sir: According to your opinion request, the Cosauls- sioners' Court of Cameron County on September 28, 1949, adopted the following order: *It is ordered by the Conmdsioners~ Court of Cameron County that the salary of all elected county officials, including the County Auditor,be raised 15 percent, ef- fective October 1, 1949." Cameron County had a population according to the 1940 Federal census of 83,202, and the po ulation according to the 1930 Federal census was 77,5&0. Cameron County now has a populations of 124,834 according to the 1950 Federal census. The tax valuation in Cameron County according to the last approved tax rolls of 1950 is $52,- 635,730+00- In view of the change in the census, you have asked the following questions relative to the above quoted order of the commissioners1court: "1. Does the increase in population and the resulting increase of the basic salaries of county officers automatically result in rendering ineffectivethe order of the CommIssionera'Court raising sal- aries fifteen percent? "2. Will an order setting the salaries of other county officers at $5500.00 result, in effect, in repealing the order of the Corn-- missioners' Court raising their own salaries fifteen percent? "3. Can the Commissioners1 Court set the salaries of the officers mentioned in Article 3912e-6 at $5500.00 (being the sal- aries provided by law for such officers in Hon. F. T. ffraham,page 2 (V-1145) counties having a population between lOO,- 000 and 190,000 - Cameron County having 124,854 according to the 1950 census) and themselves continue to keep or take the fifteen percent increase on their salaries as per the order of said Court of date September 28th, 1949, under Article 3912g, Sec. 1, and not allow the said officers a similar fifteen Rercent based on the sal- ary of $5500.001 In Attorney General's Opinion V-1140 (1951), it was held that Galveston County, having a population of 112,226 inhabitantsaccording to the 1950 Federal census, "now comes wit.hinthw provisions of Articles 3912w-6 and 3912e-7. . Therefore, the maximum base pay of the sheriff, a&gssor and collector of taxes, county judge, county attorney, district clerk, and county clerk of Oal- vwston County is $5500.00." It was also held in that opinion that Article 3912g, V.C.S., provides for an in- crease in compensationin an additioual amount not to exceed twenty-fiveper cent of the sum allowed under the law for the fiscal year of 1948. It was then concluded that the maximum annual compensationthat may now be al- lowed the sheriff, assessor-collectorof taxes, county county attorney district clerk, and county clerk d?%~ivwston County is’$6687.50. We believe that Opin- ion V-1140 is equally applicable to Cameron County. Therw- fore, if the Commissloners~Court of Cameron County pays its county officers the sum of $5500.00 per annum, It will not be granting those officers an Increase under the provisions of Article 59128, but under the provi- sions of Articles 3912w-6 and 3912w-7. Article 39128 provides that the *members of the Cozmulqsloners Court may not raise the salaries of any of such CommissionersCourt under the terms of this Act without raising the salaq of the remaining county officials in like proportion. If the county officials of Cameron County are not granted any Increase in 1951 under the provisions of Article 3912g, the members of the commissioners1court are not authorized to receive the increase allowed under its provISions. Therefore, you are advised that if the county officials of Cameron County are paid an annual salary of $5500.00, the tom- pwnsation of the commissioners*court will be governed by the provisions of Article 2350, V.C.S., and can only be $3600.00. Hon. F. T. Graham, page 3 (V-1145) SUMMARY The maximum base pay of the sheriff, assessor-collectorof taxes, county judge, county attorney, district clerk, and coun- ty clerk of Cameron County is $5500.00 U-I* der the provisions of Articles 3912e-6 and 39120-7, v*c*s., and the maximum base aom- pensatlon of county commissionersunder the provisions of Article 2350, V.C.S., Is $3600.00. If the conrmisslonwrsl court does not grant any increase under the provisions of Article 3912g, V.C.S., to the remaining county officials, the members of the com- missionersI court cannot fix compensation for themselvesin wxowss of the compwnsa- tion provided for in Article 2350. APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DANIEL County Affairs Mvislon Attorney General Jesse P. LWon, Jr. Assistant ~g&. ,.,:. ,~ Charles D. Mathews John Reeves First Assistant Asslstant JR:mw