Untitled Texas Attorney General Opinion ( 1971 )

August 5, 1971
Honorable Cecil M. Pruett Opinion No. M-921
County Attorney
Hutchinson County Courthouse Re: Construction of House Bill
Borger, Texas 79007 384, Acts 62nd Leg., R.S.
1971, Ch. 622, p. 2019, re-
lating to the compensation,
expenses and allowances of
certain officers and em-
ployees.
DearMr. Pruett:
Your request for an opinion on the above subject matter
asks the following questions:
"Question No.~ 1
"Does Section 8 of H.B. 384 repeal that part
of Article 2338-7 which provides that the com-
pensation of the Judge of the Court of Domestic
Relations in Hutchinson County shall be the same
as that allowed other district judges?
"Question NO. 2
"Does Section 7(4) of H.B. 384 exclude the
Judge of the Court of Domestic Relations of
Hutchinson County, so that it will not apply to
compensation of such Judge?
"If the answer to the above question No. 1
is ‘NO’ or to the above question No. 2 is 'Yes',
then the following questions are immaterial.
"Question No. 3
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Honorable Cecil M. Pruett, Page 2 (M-921)
"Is H.B. 384 effective as of August 30, 1971,
except as to salaries, expenses, and allowances
paid beginning January 1, 1972?
"Question No. 4
"In the event Section No. 8 repeals the pro-
vision for the Judge of the Court of'.Domestic Re-
lations to receive the same salary as the district
judge, then what would be the minimum which he can
be paid under provisions of Section 1 of H-8. 384--
$20,000. or $22,000. per year?
"Question No. 5
"In the event the Commissioners Court should
fix the compensation of the Judge of the Court of
Domestic Relations under.H.B. 384, may the Com-
missioner's Court fix the salary for the remainder
this year, beginning September 1, 1971, ~without
advertising as set out in Section 2(a) and Section 6
of H.B. 384?"
Section 7 of House Bill 384, Acts 62nd Deg., R.S. 1971,
Ch. 622, p. 2019 (codified in Vernon's as Article 3912k, Vernon's
Civil Statutes), provides in part:
"Sec. 7. Nothing in this Act applies to com-
pensation, expenses, or allowances of:
I,. . .
"(4) judges of all courts of record and all
justices of the peace, and presiding judges of
commissioners courts in counties having a population
of 1,700,OOO or more, according to the last preceding
Federal census."
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Honorable Cecil M. Pruett, page 3 (M-921)
The' "Court of Domestic Relations in and for Hutchinson
County" is a court of record. Article V, Section 1, Texas Con-
stitution: Article 2338-7, Vernon's Civil Statutes: Jordan v.
Crudqinton, 231 S.W.2d 641 (Tex.Sup. 1950). Therefore, the pro-
visions of House Bill 384 are not applicable to the Judge of the
Court of Domestic Relations in and for Hutchinson County. In
view of our answer to this question, it is unnecessary to answer
your remaining questions.
SUMMARY
The provisions of House Bill 384, Acts 62nd
Leg.. R.S. 1971, Ch. 622, p. 2019, are not appli-
cable to the Judge of the Court of Domestic Re-
lations in and for Hutchinson County, since judges
of courts of record are specifically excluded
by the provisions of Section 7 of House Bill 384.
V? truly yours,
neral of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ben Harrison
Jack Sparks
S. J. Aronson
Sam McDaniel
MF.ADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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