Untitled Texas Attorney General Opinion ( 1946 )

THEATTORNEY GENERAL OF TEXAS Honorable R. F. Robinson County Attorney Willacy County Raymondvllle, Texas Dear Mr. Robinson: Opinion No. O-7419 Re: Construction of Senate Bill MO. 123 of the 49th Legislature as to its applicability to County Clerk, under the facts stated. We beg to acknowledge receipt of your request for an opinion upon the above-captioned subject matter, your letter being as folllows: "I would like your opinion at your earliest aonveni- ence on the question as to whether er net the authorized increase in salary to County offlolels In en smount not to esseed 23% would be applicable to the amount eutherized te be paid to the County Clerk for keeping the Finance Ledger of the County. "The Commissioners* Court of Wlllacy County has passed an order increasing such salary for the keeping of the Ffnanc Ledger, provided the same sheuld be considered lawful. "I feel sure that this matter has probably been brought to your attention before this time and that yeu will be ab$e to fu,rnishus with your opinion within a very short time. Senate Bill No. 123 emended fht fellewIng Articles of the Revised CSvll Statutes, making them to read as follows:~ "Artl.cle38%: "(a) The Commissloners'Court is hereby authorized, when in their judgment the financial condition of the county and the needs of the officers justify the imrease, to enter an order increasing the compensation of the prezlnct, county and district officers in an additional amount not to exceed twenty-five (25%) per cent of the sum allowed under the law for the fiscal year of 1944, provided . . c Honorable R. F. Robinson, page 2 (o-7419) the total cempensation authmized under the law for the flsoal year of 1944 did not exceed the sum of Thirty-s%x Hundred ($3600.00) Dollars.” Artiole 3902 t “9. The Cemlssloners Ceurt is hereby authorized, when in their judgnient the finanolal oendition sf the oounty and the needs ef the deputies, assistants end olerks o? any distriat, oeunty w precinot eflicer justify the inoreeoe, to enter en erder lnoreeslag the oompsnsetion of such deputy, assistant er clerk in an additional emmnt not to exoeed twenty-five (25%) per cent of the mm ellQwed under the law for the flsoal year of 1944, provided the tats1 ooapensetlon autherlced under the law for the fiioal year ef 1944 did not exoeed Thirty-six Hundred ($3600.00) Dollars." Artiole 3912e, Seb. 13: “(e) The Cemmlaslmners Court io hereby authorleed, when in their judgment the flnanalal omdltbn of' the oetmty and the needs o? tha efiioers jweti- fy the inoreaoe, to enter an order inoreaslng the oompo~icla- ttion of the prrolnot oounty and dirtrlot effioecs in en additional amunt nok to exooed twenty-iivo (25s) per aant Of tho auntallonod undor the law iOr tho fIllor yew of 1944, provided tho t&al oo~onoatlcn autherlrod under the law for the ilaoal 44 did not rxaood the sum mT Thirty-61x Hundred 7 Dollarr.” Tho rmr~grnay olaurr Is a8 rrllcwnt "The feOt that thr Oost @i l%ving IO rioing and the pu~oharlng powrr of the dellar Ir drorra#lng,and that nagor and 6alerxlrr in prlvatr indurtry have inorrarrd te an extmnt that publ3.o olflorrr and ompleyorr oontiauo in their off%oar at a raorlfior %n meny InrtanorrJ and the further faot @f thr orowdrd o@ndltl@n Of thr oalrndar WOatIO kn OAIF enoy and an imprratlvr publio nrorrrlty &hat thr Cow f itutlonal Rule rrqulrlnp P$Jlr to br read @n thrro rrvrral day@ in raoh Hourr br rwpendrd and raid~‘Rule 18 hrrrby ruoprnddrd ad Chir Aot @hall tab lr'rOt amd be in roror rrawn and abar itm pamaga, and 16 JLIoo maotad.” Eaoh rf thr artLolrr ad root%onr thum amrnddrd author- i,zem thr twenty-fivr prrornt addlCUna1 Fount or oomponratL@n tQ praoinot oounty and dirtriot oiliorrr. Undoubtedly thi8 lnoludos hhr County Clerk. Smetr Bill No. 123, auth6rleing suoh lnoreaso or Hmomble Il. F. Robinson, page 3 (O-7419) . to the officers coming within its scope, makes no cscmpens3tfon. dis'tfoztionas to the character 0f services performed by such offl.cero p an3 the increase is nst allewed for any partloular class of"serviae, but is an overall increase in the cempensation hither- to allcwed to sush officers. Perhaps the confusion glvlng rise te your spealflc mention of keeping the finance ledger grows out of the faot that ArtloSe S43 of the Revised Civil Statutes, Vernbn's codiflcatlsn, provides sper~Iff~3al2.y for a compensatlsn for that particular 3ervfce. However, Section 3 of Article 3912e forbids the extra compensation in your county in the following emphatic language: "In all cases where the COmmisslonersl court shall have determined that aounty officers or precinct afficers in such county shall be compensated for their services by the payment of arzual saSary, neither the State ef Texas nor any county shall be charged with w pay to any 0f the officers so compensated, any fee or commission for the performance of ary or a91 of the duties of their offices, but such officers shall rew&ve said salary in lieu of other fees, commissions or ~:omper:sa%3ons which they would otherwise be authorized to retaq,pL; +++ +. " We t:xx:tthat what we have said sufficiently answers gclu7i,nqu h?y 0 Very truly yours APPROVED OCTOBER 4, 1946 ATTOREEY OENERAL OF TEXAS /f&i (>~p