Untitled Texas Attorney General Opinion ( 1973 )

Honorable Ed Paynttr Opinion No. H- 39 District Attorney Taylor County Courthouse Rt: Whether the CommiraiontrB Abilene, Teacar 79602 Court of Taylor County ie ‘autiriced to trrablirh the aalarita of conrtablts at one Dear Mr. Paynttr: dollar per year. .. You have rtqucattd an opinion of this office on the following question: “Did the Commimrionerr Court of Taylor County have authority under ‘Article 3912i, 0 $ 9 . and 9 (2) to letthe nalarier of conotabltr In - __ , Taylor County at One Dollar ($1) per year? ” .. You present the following factual background for this quemrion: ‘IAt a General Election held in November, 1968, the Honorable John Thomar wao elected Conetable for Taylor County, Ttxaa for a term beginning January 1, 1969, and ending December 31, 1972. Mr. Thomar aarumed ruch office and rervtd the entbo term, but did nor choore to run for re-election. The ralary budget during tbia term warn $6,000 par year, “On December 21. 1971, the Commiroioneri Court of Taylor County met in rtreion with all .. ” ’ ’ : members prtrtnt and parted a motion that beginning January 1, 1973. the aalaty budget of each of the Conrtablaa’ officea for Taylor County be ltt at One Dollar ( $1) per year. “At 8 General Election held in November, 1972, the Honorable Jake Let wae elected Constable ” p. 160 !’ . Honorable Ed Paynttr, page 2 (H-39) for Taylor County, Texas, for a term beginning January 1. 1973, ind ending December 31, 1976. Mr. Lee has assumed such office and in presently serving in ruch capacity, His salary is One Dollar ($1) per year.” Article 3912i, Vernon’s Texas Civti Statutes, provides in part: “Sec. 9. The Commisaiontrs Court rhall not be required to fii the salaries in all precinctr’ at equal amounts, but rhall have discretion to . determine the amount of salarica to, be paid each _’ . Justice of the Peace and each Constable in the several prtcincte on an individual basis without regard to the ralarieo paid in other precinct8 or to other official8. . : . ‘I Article 3912k, Vernon’s Texas Civil Statutes. provides in part:. “Section 1. Exctpr a# otherwire provided by this Act and subject to the limirationr of this Act, the commissioners court of each county shall fix the amount of compensation. office txpenat, trdvtl txptnrt, and all other allowances for county %nd prtcincr official8 and employter who art paid wholly from county funds, but in no event shall such salarier be set lower than they exist at the efftctivt &tt of thit Act. (EmphaBil added) “Section 8. To the extent that any local, special, or general lap, including Acta of the , 62nd Legislature, Regular Saraion, 1971, prt- . scribes the compensation, office expense, travel exptnrt. or any other allowance for any official or employee covered by this Act, that law is repealed. . “Section 9. This Act is affective for nilaries, expentts, and allow+ncer’patd beginning January 1, 1972. ” : ., ,. _, p. 161 .’ * . .: Honorable Ed Pay&w, ‘Page 3 (H-39) ’ The mtnimum salary payable ir governed by Article 3912k, Vernon’s Ttxae Civil Starurts. Under the facta you have given ua, the ralary for a Constable of Taylor County, a6 it sxirttd on January 1, 1972, was $6,000 per year, and, to anrwer your question, the commirsionere court may, mt ret the salaries of coarta?tr at $1 per year. SUMMARY The minimum ralary for the Conrtable of Taylor County ia set at the ralary txirting on January 1. 1972, by Article 3912k, and the commisrionerr court may : . not Lower it below that figure. Your8 very truly, Opiziion Committee p. 162