Untitled Texas Attorney General Opinion ( 1971 )


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  • .,T-rORNE:Y      GENERAI.
    July20, 1971
    Hon. J. W. Edgar                Opinion No. M-908
    Commissioner of Education
    Texas Education Agency          Re:   Construction of House Bill
    201 East Eleventh Street              803, House Bill 1062 and
    Austin, Texas 78701                   Senate Bill 1008, Acts 62nd
    Leg., R.S. 1971, relating
    to salaries of assistant
    Dear Dr. Edgar:                       count,ysuperintendents.
    Your request for an opinion asks the following question:
    "Does House Bill 1062, Acts 62nd Legislature,
    R.S. 1971, amending Section 17.52(a) of the Texas
    Education Code, appl uniformly to all counties
    in the matter of sueh not-to-exceed (1) annual
    salary of first assistant county superintendents
    and (2) aggregate annual salaries of all as-
    sistant to such county superintendents?"
    House Bill 803, Acts 62nd Leg., R.S. 1971, fixes the
    salaries of assistant county school superintendents in counties
    having a population according to the last preceding federal
    census of more than 260,000 but less than 325,000 inhabitants.
    House Bill 802 passed the Legislature on May 6, 1971.
    Senate Bill 1008, Acts 62nd Leg., R.S. 1971, also fixes
    the compensation of assistant county school superintendents.
    Senate Bill 1008 passed the Legislature May 20, 1971.
    House Bill 1062, Acts 62nd Leg., R.S. 1971, fixes the
    salaries of all assistant county school superintendents in the
    State. House Bill 1062 passed the Legislature May 26, 1971.
    Therefore House Bill 1062 is the latest expression of
    the Legislature relating to the compensation of assistant county
    superintendents and will control over the provisions of House
    Bill 803 and Senate Bill 1008. Attorney General's Opinion
    M-497 (1969); Attorney General's Opinion V-990 (1950) aff'd by
    Ex parte De Jesus de la 0, 227 S.W.Zd 212 (Tex.Crim. 1950);
    Townsend v. Terrell, 
    118 Tex. 463
    , 16 S.W.Zd 1063 (1929); Wright    V.
    -4421-
    Dr. J. W. Edgar, page 2             (M-908)
    Broeter, 
    145 Tex. 142
    , 
    196 S.W.2d 82
    (1946); Stevens v. State,
    159.     503 (Tex.Crim. 1913); Parshall v. State,,138 S.W. 759
    (Tex.Crim. 1911).
    You are accordingly advised that the provisions of
    House Bill 1062 amending Section 17.52(a) of the Texas Education
    Code apply uniformly to all counties and prescribe the maximum
    compensation that may be paid assistant county superintendents.
    SUMMARY
    House Bill 1062 amending Section 17.52(a)
    of the Texas Education Code applies uniformly.
    to all counties and prescribes the maximum compen-
    sation that may be paid assistant county school
    superintendents, and controls over the provisions
    of House Bill 803 and Senate Bill 1008, Acts
    62nd Leg., R.S. 1971.         (7
    Very truly yoprs,
    Prepared by John Reeves
    Assistant Attorney General
    APPROVED:
    OPINION COMMITTEE
    Kerns Taylor, Chairman
    W. E. Allen, Co-Chairman
    James McCoy
    Linward Shivers
    Brandon Bickett
    A. J. Gallerano
    MEADE F. GRIFFIN
    Staff Legal Assistant
    ALFRED WALKER
    Executive Assistant
    NOLA WHITE
    First Assistant
    -4422-
    

Document Info

Docket Number: M-908

Judges: Crawford Martin

Filed Date: 7/2/1971

Precedential Status: Precedential

Modified Date: 2/18/2017