Untitled Texas Attorney General Opinion ( 1974 )

October 22, 1974
The Honorable Gordon H. Green Opinion No. H- 429
Bailey County Attorney
P. 0. Box 611 Flc: Whether a commissioners’
Muleshoc, Texas 79347 court is required to ret equal
salaries for all constables
within the county.
Dear Mr. Green:
You have asked our opinion on whether a county commissioners court
in a county of less than 20,000 inhabitants, is required to set equal salaries
‘for constables elected from different precincts.
On January 1, 1972, the salary for the Constable of Precinct One,
was fixed by the commissioners court at $100.00 per month. At that time
there were no constables serving Precincts Two and Three, and conae-
quently, no salary was set for the constable in either precinct.
At the General Election in 1972 a constable was elected from each
precinct. Their 1973 salaries were set by the commissioners court at
$100 per month for the Constable of Precinct One, and $10 per month for
each Constable elected from Precincts Two and Three.
Your question is whether Article 3912k, V. T. C. S., enacted by the
62nd Legislature in 1971, requires the commissioners court to set the
1973 salaries of all three constables at an amount not less than the 1972
salary of the constable who served Precinct One during 1972.
Article 39l2k provides, in part:
. . . the commissioners court of each county shall
fix the amount of compensation, office expense,
p. 1985
The Honorable Gordon H. Green page 2 (H-429)
travel expense, and all other allowances for county
and precinct officials and employees who are paid
wholly from county funds, but in no event shall such
salaries be set lower than they exist at the effective
date of this Act. (emphasis added)
The effective date of the Act was January 1, 1972, $9. Art. 3912k.
V. T. C. S. Although the Act does not define “county and precinct officials
and employees, ” the term “precinct officials” customarily refers to
justices of the peace and constables. See, for instance, Art: 3912e. $17,
V. T. C. S.
This portion of Art. 3912k. 5 1 does prohibit the commissioners
court from fixing a salary for a constable which is lower than the salary
which existed on January 1, 1972, but it does not require that qua1
salaries be fixed for all constables, nor in our opinion does it prescribe
a minimum salary for a precinct official if no-salary was fixed for such
office on January 1, 1972, and no minimum salary for it was previously
required by law.
Before the effective date of Art. 3912k. the payment of constables’
salaries was controlled by Art. 3912i. but it specified no minimum salary
for such offices in counties of less than 20,000 inhabitants. It did
speak to the matter of unequal salaries, however.
Section 9 thereof provided:
Sec. 9. The Commissioners Court shall not be
required to fix the salaries in all precincts at
qua1 amounts, but shall have discretion to deter-
mine the amount of salaries to be paid each Justice
of the Peace and each Constable in the several
precincts on an individual basis without regard to
the salaries paid in other precincts or to other
officials . . . .
p. 1986
d .
The Honorable Gordon H. Green page 3 (H-429)
The enactment of Art. 3912k repealed Art; 3912i to the extent that
it “prescribes the compensation, office expense, travel expense, or
any other allowance” for any official covered by Art. 3912k. but we do
not think the authority of the commissioners court to reasonably prescribe
unequal salaries to constables has been altered.
SUMMARY
It is not illegal for commissioners courts to
reasonably prescribe different salaries for the
constables of the separate county precincts.
Very truly yours,
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1987