Untitled Texas Attorney General Opinion ( 1942 )

Honorable Jack Wiech, Page 4
Cameron County has a populationof 81,227 inhabi-
tants acoording to the 1940 Federal Census. Artiole 39120,
Seation 13, Vernon*8 Annotated Civil Statutes, reads in part
as r0ii0we:
*Sec. 13. The COnnulssioners' court In
oountieshaving a populationof twenty thou-
sand (20,OOO),Znhabitants or more, and less
than one hundred end ninety thousand (190,000)
inhabitantsaccord$ng to the last preceding
Federal Census, Is hereby authorizedand It
shall be its duty to fix the salaries of'all
the following named orricers,to-wit: sheriff, '
assessor and oolleotoror taxes, county judge,
county attorney, includingcriminaldistrict
attorneysand county attorneys who perform
the duties of'district attorneys,district
clerk, county clerk, treasurer,hide and ani-
mal inspector. Eaoh of said officers shall be
paid in money an annual salary in twelve (12)
equal installmentsor not less than the total
sum earned as compensationby him in his offi-
cial capacity for the.fisosl year 1955, and
not,more than the maxlmum,:amouutallowed suoh
offleer under laws existing on August 24, 1935;
. . . ."
Under the facts stated in your letter the inspeotor
of hides and animals or Cameron County collected inspeation
rees amounting to #l,680.00. Sinoe the orricers' salary law
became erfective,the inspeator of hides and animals of said
county has been paid an annual salary of $1,680.00,which
amounts to $140.00 per~month. !OnMaroh 9, 1942, the Coqbmis-
sioners' Court of Cameron County pessed an order fixing the
salary of said inspector at $1.00 per year, effective Jan-
uary, 1943. It is our opinion, in view of'the applioable
provisionsof Article 9912e, Vernon's Annotated Civil Stat-
utes, the above mentioned order of the Commissioners*Court
is void and or no effect.
In the case of'NacogdochesCounty v. Winder, (Beau-
mont Ct, Civ. App.) 140 S. W. (2d) 972 (writ refused), re-
ferring to SBction l$ or Article 3912e aa Article 9891,
Vernon's Annotated Civil Statutes, it was said:
"Under these statutes the salary of the
County Clerk of NacogdochesCounty was governed
Honorable Jack Wiech, Page 5
by the mf.nlmum of salary earned fn 1935, end
a ma&sum salary 0r ~9&%30.00.n
In ~viewor the toregoing. you a* respeotfullyad-
rised that it Is the opinion of this departmentthat the
Oommission6rs*Court of Cameron County has no authorityto
rix the salary or the inspectoror hides and animals 0r
sailicounty at any &iount less than $1,080,000per year. It
will be noted that Section 13 of Article 39l2e, supra, ex-
pressly provides that the salaries of the officers named
therein shell be paid in twelve equal installments. As the
annual salary or the inspeator or hides and animals or
Cemeron County Is $1,680,00),themonthly salary would be
$140.00.
Trusting that the roregoing fully answers your
inquiry, we are
Yours very truly
ATTORNEY GENERAL OFTEXAS
BY (signed)
Ardel.3. Williams
Assistant
AW:GO
APPHOVEPilJG 17 1942 APPHm
Gmver Sellers t8) OPINION
FIRSTASSISTAXT CONNITTEE
ATTOFtNEYGENERAL BY RWP
c%IAIRNAN