DocketNumber: V-948
Judges: Price Daniel
Filed Date: 7/2/1949
Status: Precedential
Modified Date: 2/18/2017
AUSTIN.TEXAS November 21,,1949 ~Hon,Tom A. Craven opiuiou Ro. v-948. County Auditor MoLeman Couuty Re: The legality of raising the , Waco, Texas cmapensatlouof couutg of- ficials under S.B. Bo. 92, 31st Legislature,without giving a like raise to the Dear Sira Critinal District Attorney. YQU Fequest an opinion conceruingthe legali- ty of raising the compensationof county officials (in- cludiqg members of the Cosnnlsslouers'Court) uudep Sen- ate Bill Ro, 92, 51st Legislature,without giving a like raise to the Criminal District Attorney. Seuate Dill 92 was passed Ray 31, 1949, and became effective June 6, 1949. Under its provisions, the Comissloners~ Court of each county was compelled to raise the salary of county officers in like propor- tion before a raise could be granted the members of the Conmissioners Court. A. G. Opinion Ro. V-864. How- ever, House Bill 339, applicable to McLennan County, was passed subsequentto Senate Bill 92 (June 16, 1949) and set the salary of the Crimlual District Attorney at $6500.00, payable in twelve equal installments. A. G. opinion No. v-893. Since House Bill 339 is a specifio statute covering the salary of the Criminal District Attorney, it would control over the provisions of Senate Bill v, Terrell,118 Tex. 463
, 16 S.W.28 1063 Lawhlin,147 Tex. 169
, 214 S.W.28 erefore our opinion that the pro- 92 are not applicable to the salary of the Criminal District Attorney in McLeman county. Rouse Bill 339, Acts of the 51st Legis- lature, was passed after Senate Bill 92, Acts of the 31st Legislature,set the salary of the Crimiml District Attorney in certain Hon. Tom A. Craven, page 2 (V-948) counties at $6500.00. It is a specific stat- ute covering~thesalary of the Crimiual Dis- trict Attorney, and controls over the general provisions of Senate Bill 92. Townsend v. Temell,118 Tex. 463
, 16 S.W.28 1063 (1929); v. LawhUn, 147 Tex.'l69, 214 S.W.26 IY1 Your~~ very t+~; ATTOFU'iEY GE!+AL,OF TEXAS J@-Je.Yy BY James E. Ferguson JEF:mwrbh Assistant ATTOKUEY GEB'lQATj