Untitled Texas Attorney General Opinion

Opinion No. S-25
Gregg County Re: Legality of paying the Crim-
Lonaview. Texans inal District Attornes of
Gregg County $500.00 per
year from State funds in ac-
cordance with Section 21 of
Article V, Constitution of
Dear Sir: Texas e
You have requested an opinion on the following
question:
llIsthe Criminal District Attorney of
Gregg County entitled to receive from the
Comptroller of the State of T~exasthe five
hundred dollar ($500.00) constitutional
fee?"
Section 21 of Article V of the Constitution of
Texas reads in part as follows:
II
D . D district attorneys shall re-
ceive.an annual salary of five hundred
dollars, to be paid by the State, and such
fees, commissions and perquisites as may
be provided by law. . *'
The constitutional office of Criminal District
Attorney for Gregg.County was created by the Legislature
in 1931. Article 199, paragraph 124, V.C.S.; Neal v0
Sheppard, 209 S.W.2d 388 (Tex.Civ.App. 1948, error ref.).
In Hill County v. Sheppard, 142 Tex. 358, 178 S.W.2d 261
(1944) the Supreme Court held that the constitutional of-
fice of Criminal District Attorney was entitled to receive
an annual salary of $500 from the State as provided In
Section 21 of Article V of the Constitution of Texas,
stating:
11
. . . it is o'uropinion that the term
criminal district attorney refers to a class
or kind of district attorneys, and that a
Hon. Reagan S0 Wyche, page 2 (S-25)
criminal district attorney is a district at-
torney within the meaning of the Constitu-
tion.
"The office of District Attorney, in-
cluding that of criminal district attorney,
is a constitutional office, the duties and
compensation of which are provided for in
Article V. Section 21. of the Constitution
above quoted. Under that section of the Con-
stitution the district attorney is entitled
t 'receive an annual salary of five hundred
d:llars to be paid by the State, and such
fees, commissions+,and perquisites as may be
provided by law.'
In view of the foregoing you are advised that
the Criminal District Attorney of Greg County is en-
titled to receive an annual salary of $500 from the
State.
Although Chapter 499, Acts of the 52nd Legis-
lature, Regular Session, 1951, page 1228,appropriates
money for the payment of "Salaries, including the $500
Constitutional Allowance of 54 District Attorneys at
$5,500 per year," the Legislature has not made avail-
able any appropriation for the payment of the constitu-
tional allowance for Criminal District Attorneys. There-
fore, the constitutional allowance cannot be paid at
this time.
SUMMARY
The Criminal District Attorney for Gregg
County is entitled to receive an annual salary
of $500 from the State as provided in Section
21 of Article V of the Constitution of Texas.
However, no appropriation is available at
this time for the payment of such salary.
APPROVED: Yours very truly,
J. C. Davis, Jr. JOHN BEN SHBPPBRD
County Affairs Division Attorney General
C. K. Richards
Reviewer
Robert S. Trotti BY+ hi-‘+
First Assistant John Reeves
John Ben Shepperd Assistant
Attorney General
JR:am