Untitled Texas Attorney General Opinion ( 1944 )

Honorable George H. Sheppard Comptroller of Public Accounts Austin, Texas Dear Sir: Opinion NO. o-6226 Re: Constructlon of Subsection (a) Section 15,'~Article3912-e, Ver- non's Annotated Civil Statutes Your letter of February 8, 1945, requesting the opinion of this department on the question stated therein, is, in part, as follows: 'When this Department makes distributions of appropriations to counties entitled to pay under Article 3912-e, Section 15, Subsection (a), R.C.S., are we required to make our calculations of the distributions on the amount actually pald by the county to the Criminal District Attorney and his asslstants or are we required to make our calculations on the maximum amount that the law authorizes? "For example, in Bexar County the maximum amount that could be paid the Criminal District Attorney and his Assistants by statute is $52,150.00 per annum, whereas the actual expen- ditures by Bexar County to the District Attor- ney and his assistants Is $45,500.00 for this year. "I am enclosing copy of a letter from the County Auditor of Bexar County that will clarify this point." Subsectlon A, Section 15, Article 3912-e, Vernon's Annotat- ed Civil Statutes, is as follows: "The compensation of a Criminal District Attorney or County Attorney who performs the duty of District Attorneys, together with the compensation of his as- sistants, shall be paid out of the County Officers' salary fund, but the State shall pay into such fund each year an amount equal to a sum which bears the same Honorable George H. Sheppard, page 2 o-6226 proportion to the total salary of such Criminal Dls- trict Attorney, or County Attorney performlng the duties of a District Attorney, together with the salary of his assistants, as all felony fees collect- ed by such official during the year of 1935 bear to the total fees collected by such official during such year." You state that the maximum amount that could be pald the Criminal District Attorney and his assistants by statute Is $52,150.00 per annum, but the actual expenditures by Bexar County to the Criminal District Attorney and his assistants if $45,500.00 for this year. The County Auditor in his letter of February 6, 1945, addressed to you, states in effect that it is likely that the compensation of the Criminal District Attorney and his Assis- tants will be increased $6,650.00, making a total of $52,150,00 per annum as salary for the criminal District Attorney and his Assistants, and that you should take this into consideration in your allocation of the appropriation as provided in aub- section (a), Section 15, Article 3912-e, Vernon's Annotated Civil Statutes. The Statute expressly provides, "The State shall pay into such fund each year an amount equal to a sum which bears the same proportion to the total salary of such Criminal Dis- trict Attorney, . . D together with the salary of his assis- tants, as all felony fees collected by such official during the year of 1935 bear to the total fees collected by such official during such year." In view of the foregolng, it is our oplnlon that in mak- ing your allocation of the appropriation as provided~by said statute, you should make your calculations of the distributions on the amount actually paid by the county to the Criminal'Dis- trict Attorney and his assistants and not on the maximum amount that the law authorizes. If the Legislature had intended that the calculations of the distributions were to be made on the maximum amount author- ized by statute instead of the actual amount paid the Criminal District Attorney and his assistants by the county, it could have easily done so in plain language. We believe that it is clear that the Legislature contemplated that the calculations of the distributions should be made on the amount actually paid bye the county to the Criminal District Attorney and his assistants in making the distribution of the appropriation. Honorable George H. Sheppard, page 3 o-6226 Yours very truly, ATTORNEY GENERAL OF TEXAS By s/Ardell Williams Ardell~~ Williams Assistant AW:ddt:ls:wc APPROVED FEB 20, 1945 s/Carlos C. Ashley FIRST ASSISTANT ATTORNEY GEmAL Approved Opinion Committee by s/BWB Chairman