Untitled Texas Attorney General Opinion

AUSTIN.X'EXAS
PPICE DANXEL WAOAN DICXSSON
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'November5, 1948
Hen. Douglas A. Newton Opin!on No. V-709
District Attorney
53rd Judicial.District RE: The euthority of the
Del Rio, Texans Commissioners Court
to reduce the salary
of the County Health
Officer prior to the
end of his current
term.
Denr Sir:
Reference is made to your recent request which
reads, in part, as Sollows:
"Dces the Commissioners Court have the right
to reduce the County Health Officer's salary
from $100.00 to $25.00 before the end of his
two year eppointive term?
"At the first meeting of e Commissioners
Court of Va1 Verde County, Texas, Dr. R. N.
Grdem war appointed County Health Officer
for rrtwo year term, beginnin January 1,
1947 and ending January 1, 19&9. Although
no reason was given f’or their action the
Commisr3~onersCourt reduced the County
Health Officer'c anlery from $1.00.00per
month to $25.00 per month at a reguI.ar1.y
monthly meeting held during the month of.
August, and effective September I.,1948."
Artic1.e4423, V. C. S. is A% follows:
"The commissioners court by a majority
vote in each organized county shall bienninl-
l.ya~ppointA proper person for the office of
county health officer for his county, who
ehal~lhold office for two years. saia coun-
ty health officer shall taiceend subscribe
to the officiel oath, and shall file a copy
of such oath and a copy of his appointment
with the Texas State Board of Health; and,
.I i
Hon. DouglBs A. Newton, page 2 (V-709) \
until such copies are so filed, said officer
shsll not be deemed legally qualified. Com-
pensstion of seid county heslth officer shall
be fixed by the commissioners.court; provided,
that no compensation or salary shall be allow-
ed e~xceptfor services actually rendered."
In 34 Tex. Jur. 526, it IS provided that:
"In the absence of any constitutional
limitation, the Legislature may lower or
raise the selaries or fees of officers, even
during the term for which an officer has been
elected or appointed; and it may diminish and
distribute unearned official fees as it deems
just. Also, where the commissioners' court
has vower to fix the comoensetion of an offi-
cer, it mBy change the amount at Bny time,
even during his term of office. [Emphasis
Bdaed)
In the case of Baxter v. Rusk County, 11 S.W.
(26) 648, it was held that:
"Commlsaloners~ Court may at any time
fix compensation of county treasurer for re-
ceiving and disbursing public moneys, sub-
ject to limitation that order fixing percent-
Bge of compensation will not be effective to
reduce compensation earned for past 8ervices.B
Since there is no constitutional or statutory
provision limiting the power of the Commissioners' Court
to fix the compensation of the County Health Officer and
in view of the foregoing, it is our opinion that the Com-
missioners' Court may reduce the County Health Officer's
sslarg from $100.00 to $25.00 per month before the end of
his two year appointive term.
SUMMARY
The Commissioners' Court may reduce the
salary of the County Health Officer from
$100.00 to $25.00 per month before the end
Ron. Douglas A. I?ewton,page 3 (V-709)
of his two~year appointive.term. 34 Tex.
Jur. 526; Baxter v. Rusk County, 11 S.W.
(2d) 648.
Yours very truly,
ATTORNEY GENERAL OF TEXAS
BA:mw
APPROVED:
ATTORNEY GEWRAL