Untitled Texas Attorney General Opinion ( 1947 )

EAIXOIZNEY GENERAL OF =XAS AuwrIN If. -rExAs PRICE DANIEL ATTORNEY GENERAL May 12, 1947 Hon. J* M. Williams Opinion No. V-196’ County Auditor Tarrant County Re; Eligibility of a grand Fort Worth, Texas jury bailiff for in- c,reased compensation under subdivision 9 of Article 3902, V.C.S. ~Dear Sir: We refer to yeur lett%,r of April 24, 1,947, inwhich you sub- mit the following fnquiry: ““Is a grand jury bailiff either deputy, assistant or clerk to any district, county or precinct officer, so that subdivision 9 of Article 3902,, Revised Civil Statutes, would authorize the Commissioners’ Court to increase the salary of a grand jury bailiff, should they see fit to do so, as much as 25%) or any per cent? ” Article 3962 of Vernon”s Civil Statutes pertains to the ap- pointment and compensation of deputies, assistants and clerks, and provides: ‘“Whenever any district, county or precinct officer shall require the services of deputies, assistants or clerks in the performance of his duties, he shall apply to the Com- missioners* Court of his county for authority to appoint such deputies, assistants or clerks, stating in the application the number needed, the position to, be filled and the amount to be paid.” 0 a s Subdivision 9 of that Article was sdded by Acts 1945, 49th Legislature, page 244, Chapter 179, Section 2, as follows: ““9. The Commiss,ioners’ Court is hereby authorized, when in their judgment tbe financial condition of the county and the needs of the deputies, assistants and clerks of any district, county or precinct officer justify the increase, to enter an order increasing the compensation of such deputy, assistant or clerk in an additional amount not to exceed twenty-five (25%) per cent of the sum allowed under the law for the fiscal year, 1944, provided the total compensa- tion authprized under the law for the fiscal year Qf 1944 Hon. J. M, Williams - Page 2, V-196 did not exceed thirty-six hundred ($3600.00) dol- lars,“’ We are of the opinion that a grand jury bailiff is not a deputy, assistant or clerk of any district, county or precinct officer within the meaning of Article 3902 of Vernon’s Civil Statutes. The compensation of such a bailiff is fixed by Arti- cle 1058 of Vernon’s Code of Criminal Procedure, and sa