Untitled Texas Attorney General Opinion ( 1946 )

9‘aE Avro~N~y GENERAL OF TEXAS Fcnorablo I-Inrvey (1.Hoossr County Attorney . 0. Fox 722 '3igSpring, 'Foxas +mr Sir: Opinion \io.o-7535 RR: Whether justices of ,thpl poaas H!idnonS~sblo8 of nol~:it:~s having mcr~ than 20,000 popu:lationmay be pnid either by fees or salary and thrtmaximum salary for suoh offioials, This department has rocoived your request dated December 6, :].94c,. ycur lettier states in part: 1 and 2 are nn,tnxnct,lyclew. "'ArticleNo. 391?0 in Section I~ics, I want to know if in Counties of nvxw than 70,000 pnpu?pkticnnan they either Ix paid by fees or by srxilary,I !i:r;o ,itsnys ,tha~t 20,000 or less it can 1:o. '%I11district officers in Me “tntn oT Texas md all county officars in counties hnvi:iga popri'iutirrui of ::O,OOOor more, scow-ding to the then last. prenoding ?odornl :~:onsil:; ~ shnI.1fram .thafirst day of January and ttweuftor, wd subsequr``~t~ to t,hnfirst Rogtilaror Special Session of the !;egislature~ft:erthe adoption of thj~sResolutior,,be compensated on a salary basis. In al,1counties in this State, the Ccnmissicnsrs1 Court shall be a~h?&sd to determine whether preoinut officera shall he oompensated on 8 fee basis or on a salary lmsis; and in courrties having 8 populat?cn of 108~ than 20,000, according to the then last prnceding i'edornlCensus. the Commissioners' Court shall alsc have the authorj,tyto determine whether county officers shall ba ccmpe:nsatedon a fee I:n:;is or on a salary basis,'"(Underscoring ours) Seotions 1 and 2 of Arti.clf3'3120,V. A. C. Se, follow the intewtion of the oonstitutional provisior. . . Hon. Harvey C. Homer - Page 2 O-7536 a You will note that all.--,-,_ cc-w~iirs .- may determine whether preoinct oftj.corssh:*ll ?M oompensated on afeo or salary basis. Seotion 17 of Article 391% prov:.dass q(a). The term 'i‘recinotOffierst as used in this Act means $wtioes of the peace and constablns a 0 . j)" "(b). In counties vineroit shall have been deter&nod that crooj?ct officers shall be compensated on an aanual salary basis it shall Fe the duty of the Conunissio?.ars' Court of sucYhoowty to fix the salary al>.ov;ed to such of'fiers. Xach of said officers shall be paid in mozay w: ann.xl salary in twelve (12) equal instnllments of not less than the total.sum earned as compensatioxlearned by him in his official capaoity for the fiscal year 1935 and not more than the maximum amount alloved s!ichofficer under laws existirig~:ugust24, 1935," These laws are quo-ledfor your guidance: Article 3883, V. .;,.C, So,: "Except as otherwise provided in this Aat, the annualsfees that may 'Y? retained by precinct, oounty and d:i,si;rict offioers merrtior:ed 2:~thq.8~'rticle shall be as follows: Article 3891, V, .F. :',S.,s "Eaah offioer named in this Chapter shall first;onkof tha ~irrw-~i; foes of ~SS offioe pay or be paid the amowt al:lowedhi-nunder ~ti~nprovisions of t:rticle 3883, together with the salaries of his assistants aad deputies, and authorized expenses under Article 3899, and the amount neaessary to cover costs of premium on whatever surety bond may M required by law. If the current fess of siich office collected in any year be more than the amount needed to pay the amounts above specified, same shall be demed excess fess, and shall be disposed of in the manner hereinafter provided. "in oounties containing twenty-five thousand (25,000) or less inhabitants, Di&ri& and County officers named hsr~jnshall retain one-,thirdof such ~xobss fees until suoh one-third, together with the amounts specified in Article 3883, amounts to Three Thousand Dollars ($3,000). Precinct officers shall retain one-third until such one-third, together with the amount specified in &tiale 3883, amountsto Fourteen Hundred Dollars (?1400.00)." *+ * * * . . Hon. Harvey C. Hooser - Page 3 “(a) I’heI:ommissionersCourt is h,erol:!y authorized, when in their judgment the finac,cialcondition of the county wd the needs of the officers justify the increase, to enter an ardor incraasi.ogthe compensation of the precinct, oounty and district officers in an additional.amount not to exoeed twenty- f,ive(25%) per oent of the sum alLowed under the law for the fiscnl year of lS44, provided the total oomponsation authorized under the law for ‘thefiscal year of 1944 did not exoeed the sum af Thirty-six Hundred (%5600,00) Dollars.” %‘ebelisve that the foregoing provisions of the Constitution and Statutes of the State of Texas set forth with suffi~ci.ont olari.tythe enswsrs to your request. Tsr C’illiam I?.Ibsnloy,Jr. Assistant