Untitled Texas Attorney General Opinion ( 1949 )

Hon. Joseph H. Mims opinion Ho. v-915. County Attorney Midland County ,Re:Applicabilityto Midland . Midland, Texas County of H. B. Ro. 54, 51st Leg., relative to the compensationof county ju- Dear Sir: venlle officers. You have requested an opinion as to whether the provisions of House Bill Ro. 54 of the 51st Legis- lature, relative to the compensationof county juvenile officers,.are applicable to Midland County. House Bill 54 provides in part: "The CommissionersCourts of all coun- ties in which Juvenile Officers or Probation Officers, or their assistants, are employed under existing laws of this State; shall fix the salaries to be paid such Juvenile Offi- cers or Probation Officers and their assist- ants, and provide for their expenses,without : limitation. Provided, that ln counties where there is a Juvenile Board, said Board shall recommend the salary to be paid to such Juve- nile Officer or Probation Officer and their assistants, which salary shall be approved by the CommissionersCourt; and provided, fur- ther, that no Juvenile Officer or Probation Officer, or their assistants,shall be paid a salary less than that now provided by exist- ing laws. The CommissionersCourt is author- ized in its discretion to furnish such Juve- tile Officers or Probation Officers an auto- mobile and provide an allowance for the ex- pense of operating the same. The provisions of this Act shall not apply to those counties whose population exceeds one hundred and ninety thousand (lgO,OOO)according to the last or any future Federal Census. You state in your request that at the present time Wdland County employs no juven$.leofficer because Hon. Joseph H. MlmS, page 2 (V-915) until the enactment of House Bill 54, the salary of a juvenile officer for Midland County was not sufficient to attraot a competentperson to fill the office. Therefore, .thequestion for our determination Is whether the language 'are employed under existing laws" limits the Act to those counties employing said officers at the effective date of the Act or applies to counties which employ juvenile officers in the future. this act shall not apply to cases now pending In which motions are made for new trials,' stateds nGr~ticallg speaking, ‘are made’ is the passive voice of the verb 'to make.' It may refer to past or to future time. When the reference Is to past time, it signlfles 'have been made;' when to future time, it slgnlfles 'shallbe msde.' Whether tested by grammar; or .byusage without reference to grammaticalrules, the expression, 'cases now pending in which motions are made for new trials,' may be understood as 'cases now pend- ing In which emotionshave been made for new trials,' or as 'cases now pending In which mo- tions shall be made for new trials.' The phrases, 'are made,' Iare done,* Iare commlt- ted,' 'are paid,' 'are satlsfied,P etc., used in the sense of Ishallbe made,' shall be done,' 'shallbe conrmitted,q shall be paid,' shall be satisfied,'etc., may be found scat- tered up and down through the whole lbange of statute law. No doubt the Instances of the *shall be' sense are much more numerous in our statutes than Instances of the 'have been' sense, for the reason #at It Is the business of the statutes to provide and prescribe for the future, not for the past." Article 10, Vernon's Civil Statutes, provides In part as followss "The following rules shall govern in the constructionof all civil statutory enact- ments: . . . *2. The present or past tense Shall In- clude the future.? Hon. Joseph H. Mlms, page 3 (V-915) In view of the foregoing, It is our opinion that the words "are employed" refers to future time as well as present or past time. This conclusionis sup- ported by the fact that a serious question as to the constitutionalityof the Act would be raised if its pro- visions were limited only to a designated class of coun- ties to which all other counties would be forever'barred. The Bill contains no provision showing such was the Leg- islature's Intention. On the oontrary, it is clear that the Legislatureintended the Act to apply to all coun- ties of 190,000 Inhabitants or less who employ juvenile officers whether at present or ln the future. Therefore, It is our oplnlon, that If a juve- nile officer is appointed in Midland County, his compen- sation would be governed by the provisions of House Bill 54 of the 51st Legislature. SUMMARY The compensation of any juvenile officer employed by Midland County is governed by the provisions of House Bill 54 of the 51st Leg- islature, the provisions of said Act being applicable to all counties in which juvenile officers are employed. Yours very truly, ATTORNNY GENRML OF TEXAS JR:w;bh Assistant