Untitled Texas Attorney General Opinion ( 1959 )

Honorable Charles J. Lieck, Jr.
Criminal District Attorney
Courthouse
San Antonio, Texas
Opinion No. WW-681
Re: Constitutionality of
Senate Bill No. 193,
Acts 56th Legislature,
Regular Session, 1959,
Chapter 27, Page 52,
relating to appointment
and salaries of court
reporters in certain
Dear Mr. Lieck: counties.
You have requested an opinion on the constitutionality
of Senate Bill No. 193, Acts 56th Legislature, Regular Session,
1959, Chapter 27, Page 52, providing for the appointment and
salaries of court reporters In counties havln2 a population of
not less than three hundred sixty thousand (3 0,000 nor more
than six hundred twelve thousand (612,000),according to the
1950 Federal Census, as follows:
"Section 1. In all counties in the State of
Texas having a population of not less than three
hundred sixty thousand ( 60,000) nor more than six
hundred twelve thousand ?612,000), according to the
1950 Federal Census, the Judge of each District Court,
civil and criminal, and the Judge of each County
Court at Law, civil or criminal, shall appoint an
official shorthand reporter for such court. Such
appointment shall be evidenced by an order entered
on the minutes of each such court. Such appoint-
ment, when once made, shall continue in effect from
year to year, unless otherwise ordered by the Judge
of the Court in which such reporter serves. The
compensation of such reporter shall be not less than
r .
Hon. Charles J. Lieck, Jr., page 2 (WW-681)
Seventy-five Hundred Dollars ($7500.00) nor more
than Eighty-five Hundred Dollars ($8500.00)per
annum; such compensation shall be determined, set,
and allowed by the judge of such court or courts
within such minimum and maximum compensation
authorized hereby; in addition to compensation for
transcript fees as provided by law; . . ."
Senate Bill No. 193, was enacted and is constitutional
under the provisions of Section 1 of Article V of the cnnstltution
of Texas, which provides in part:
"The judicial power of this State shall be
vested in one Supreme Court, in Courts of Civil
Appeals, in a Court of Criminal Appeals, in Dis-
trict Courts, In County Courts, in Commissioners
Courts, in Courts of Justices of the Peace, and in
such other courts as may be provided by law.
,I
. . .
"The Legislature may establish such other
courts as it may deem necessary and prescribe the
jurisdiction and organization thereof, and may
conform the jurisdiction of the District and other
inferior courts thereto."
In Tom Green County v. Proffitt, 195 S.W.2d 845 (Tex.
Civ.App. 194b) the Court in ruling on a similar Act, Article
2326, Vernon's'Civil Statutes, prescribing salaries for various
court reporters, held in referring to Section 1, Article V of the
Constitution of Texas:
"This provision has been construed as authorizing
local or special laws affecting the functioning of the
different courts throughout the,State:
"In so far as H.B. 555 relates to district
court reporters it deals with state employees. In
so far as itrelates to reporters of county courts
at law it provides as an incident for the functioning
of courts which the Legislature creates under express
authority of Art. V, Sec. 1."
.-
Hon. Charles J. Lieck, Jr., page 3 (W-681)
In line with the decision of the Texas Court of Civil
Appeals In Tom Green County v. Proffitt, and Attorney General's
Opinions R-2386 (1951) R-2459 (1951) holding that district
court reporters are &te employees and that county court at
law reporters may be regulated under the power which the
Legislature has to create such courts,it is evident that Senate
Bill 193, does not conflict with Section 56, Article III of the
Constitution of Texas, which provides among other things that
the Legislature shall not pass any local or special laws creating
offices or prescribing duties of officers in counties, or regu-
lating affairs of counties, unless some other section of the
Constitution authorizes such an Act. Therefore, it Is our opinion
that Senate Bill No. 193 is constitutional.
.
SUMMARY
Senate Bill 193, Acts 56th Legislature,
Regular Session, 1959, Chapter 27, Page 52,
regulating the appointment and salaries of
district and county court at law reporters
in counties having a population of not less
than three hundred sixty thousand (360,000)
nor more than six hundred twelve thousand
(612,000), according to the 1950 Federal
Census, is constitutional under Section 1
of Article V of the Constitution of Texas,
and does not conflict with Section 56 of
Article III of the Texas Constitution.
Yours very truly,
WILL WILSON
Attorney General of Texas
BYJohn C. Steinberger
Assistant
JCS:rm:me
APPROVED:
OPINION COMMITTEE
Gee. P. Blackburn, Chairman
Wallace Finfrock
Linward Shivers
Joseph G. Rollins, Jr.
L. P. Lollar
Robert 0. Scofield
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore