Untitled Texas Attorney General Opinion ( 1963 )

AUSTIN. EXA8 3 March 20, 1963 Dr. J. W. Edgar Opinion No. C- 41 Couimlssioner of Education Texas Education Agency Re: Reconsideration of Opinion WW- Austin, Texas 1495 in which the question was: In either of the abolishment situations stated, whether the county judges are entitled to have an assistant as provided in Article 3888, Vernon’s Civil Statutes for ex officio school superin Eendents and re- Dear Dr. Edgarr lated question. This office has received your re uest for a reconsider- ation of Attorney General’s Opinion W&1492 in which the question was as follows: “Whether a county judge of a county sub ect to the provisions of Section 1 of Article 26 i 8e, Vernon’s Civil Statutes, or a county judge of a county which elects to abolish the office of county superintendent or ex officio county super- intendent under the provisions of Section la of Article 2688h, Vernon’s Civil Statutes, is author- ized to have an assistant, an office and travel expense account as rescribed for ex officio county judges in Article 3 8 88, Vernon’s Civil Statutes, as amended. ** The following statutes are pertinent to the question propounded this office: “Art. 2688e. County-wide elections; petition; abolition of office; transfer of duties Vection 1. (a) Upon a petition of twenty- five per cent (25$) of the qualified voters who cast a vote in the Governor Is race at the preced- ing General Election in counties of less than one hundred thousand (100,000) population according to the last Federal Census; or upon a petition of twenty per cent (20%) of the qualified voters who cast a vote in the Governor’s race at the preceding -1%4- Dr. J. W. Edgar, page 2 (C- 41) General Election in counties of one hundred thousand (100,000) or more population according to the last Federal Census, the county judge shall within ninety (90) days of the receipt of such petition ca:Ll. an election to determine by majority vote whether the office of county su- perintendent (or ex officio county superintendent and the county school board in counties having an ex officio county superintendent) shall be abol- ished. 0 0 e *’ . 0 0 ‘l(b) Where the majority of the qualified electors approve the abolition of the office of countv suoerintendenii the, duties of such abol- ished office as may still be required by law shall vest in the county judge in ex officio ca- pacity upon expiration of the current term of that office. I’(c) Where the majority of the qualified electors approve the abolition of the office of the and county scho ished of- fice shall be and become the duties of the office of county judge of said county upon the expiration of the current term of ,cff%ce of the exaoffieio county superintendent, and-&d county ,ludae s.hall not be entitled to nor receive anv additional comuen- sation v additional duties 011 Articleu.&e.tu$es c1 in aart : “Section 1, (a) From and after the effec- tive date of this Act the office of the county board of school. trustees and the office of county superintendent shall cease to exist in any county in this State havfng a population of not less than seventy-five thousand (75,000) and not more than one hundred twenty-five thousand (S25,OOO) according to the l,ast preceding Federal Census which has not more than ene (1) common school district and whose county ad valorem evaluation is in excess of One Hundred Forty MUlion Dollars ($140,000,000]; provided, however, that the county superintendents fn such counties who ha,ve been heretofore elected or appofnted to the office of Dr. J. W. Edgar, page 3 (C- 41) county superintendent shall serve until the ex- piration of the term for which they were elected or appointed. The duties now performed by the board of school trustees and county superintend- ents in such counties shall be performed by the county judges of such counties; provided furthey, ot be ntiu nor receive anv additional comaensatik as a re- sult of me additional duties.10 cle 1888.m Is Civil Statutes. as a-, in: “In a county where the county judge acts as an ex-officio county superintendent of public instruction, he shall receive and retain in addi- tion to all other compensation provided by law not more than Two Thousand, Six Hundred (!$2,600.00) Dollars a year, as the county board of school trus- tees of the respective counties may provide, whether he is compensated on a fee or salary basis. In such a county an ex-officio assistant superin- tendent of public instruction shall receive not more than Two Thousand, Six Hundred $2,600.00) Dollars a year, as the county board of school trus- tees of the respective counties may provide. “The county judge while acting as ex-officio county superintendent of public instruction, for office and traveling expenses may receive an amount not to exceed One Thousand Fifty ($1,050.00) Dollars a year, as the county board of school trustees of the respective counties may provide. 11 . . . We refer you to the holding of Opinion W-1495 (1962)) where it states as follows: “Therefore, it is our opinion that neither a county judge of a county subject to the provisions of Section 1 of Article 2688e, Vernon’s Civil Stat- utes, nor a county judge of a county which abol- ishes the office of county superintendent or ex- officio county superintendent under the provisions of Section l(a) of Article 2688h, Vernon’s Civil Statutes, is authorized to have an assistant or receive any,compensation under the provisions of Article 3888 of Vernon’s Civil Statutes, as amended.” Dr. J. W. Edgar, page 4 (C- 41) Upon reconsideration this office feels that ._ this state- - men% was too broad as it failed to take lnto consideration Yec- tlon l(b) of Article 2688e, Vernon's Civil Statutes. Under Section l(b) the majority of qualified electors may approve the abolition of the office of county superintendent. Any duties required by law of the abolished office vest in the county judge in an ex officio capacity. The ex officio county superintendent's compensation is provided for in Article 3888, Vernon's Civil Statutes, which al- lows him to receive not more than $2,600.00 per year in excess of his comoensation as county judge. He is allowed an assistant, and for office and traveling-expenses he may receive an amount r not to exceed $1,050.00 a year. To this extent our former Opin- ion WW-1495 is modified. Where the office of ountv suoerinte abolished under Section 1 b) of Article 2 Vernon's Civil Statutes, the ex officio d that office are assumed by the county judge, and under Article 3888, Vernon's Civil Statutes, he is entitled to extra compensation, an assistant, and office and traveling expenses. Where the office of ex officio county super- intendent is abolished under Section L(c), Article 2688e, Vernon's Civil Statutes, or the office of oountv SUD- is abolished under Article 2688h, VernonIs' Civil Statutes, and the duties of the cffice are assumed by the county judge, he is not entitled to any extra compensation, assistant, or any office and travel expense. This opinion modifies in part this office's former Opinion hW~-l495~ Yours very truly, WAGGONER CARR Attorney General Bill Morse, Jr. BM:wb Assistant Dr. J. W. Edgar, page 5 (C- 41) APPROVED: OPINIONCOMTTEE W. V. Geppert, Chairman Pat Bailey John Reeves Gordon Zuber Howard &kys APPROVED FOR THEATTORNEY GENEPAL EY: Stanton Stone -178-