OF THIS OPINION ENEXAL R-480 PRICE DANIEL ATTORNEYGENERAL June 2,19&J Hon. L. L.~Roberts Opinion No. V-231 County Auditor HutchPnson County Rs: Constructionof H. B. Stinnett, Texas 258, Acts of the 50th Legislature,1947 - Maximum compensation of County Treasurer Dear Sir: Your request for an opinion from this Depart- ment on the above subject matter is as follows: "Chapter 40, H. B; 258;'amending Article 3943 R.C.S., 1925, provides in tb) the Comm&sioners Court may increase the ~compensationallowed the County Treas- urer an additional amount not to exceed twenty-riveper Cent., The amount of the 25s increase here~in Hutahinson County would be $500.00. "Should the County Treasurer be al- lowed for the Year 1947 the $500.00 in- crease allowed bythis Act, or only the proportionatepart that the time after . this Act beoomes effective until the closesof the Year 1947, bears to the en- tire year of 19471" Hutchinson County has a populationof 19,069 according to the 1940 Federal census, and we are inform- ed bg~the Comptrollerfsoffice that its oounty officials are compensatedon a fee basis. Therefore,H. B. No. 258, Acts of the Piftie~thLegislature,is applicable to Hutchinson County.'~ H. B, No. 258, Acts of the 50th Legislature, 1947, p. 52, reads as follows: "An Act amending Article 3943, Re- vised Civil Statutes of Texas, 1925, ‘I . Hon. L. L. Roberts - Page 2 (V-231) as amended, allowing additional compensationfor county treasurers; repeaIiiigall laws'in conflict; ana declaring an emergency.' 'T3 IT ENAOTED RY TIIELEGISWl'DRROF THE STATE OF TEXAS: "Section 1. That Article 3943, Revised Civil Statutes of Texas, 1925, as amended, be and the same is hereby amended by adding there- to provisions allowing additional compensation for county treasurers; so that the same shall here- after read as follows: "*(a) The commissionsallowed to any county treasurer shall not exceed TWO Thousand Dollars (9b2,OOO)annually,;provided, that in all counties in which the assessed value of the property of suc.hcounties shall be One Hundred Million Dollars ($100,000,000)or more as shown by the preceding assessment roll, the treasur- ers'thereofshall receive as their commissions a sum not exceedingTwo Thousand, Seven Hundred Dollars ($2,700)annually;provided,that in all counties having a population of not less than seventy-fivethousand (75,000)inhabitants, and not more than eighty thousand (80,000)in- habitants, according to the last preceding Fed- eral census, in which counties, road or road and brid e .bondsin the amount of Six Million Dollars 7$6,000,000)'ormore and flood protec- ' tion bonds in the amount of One Million Dollars (/l,OOO,OOO)or more have been voted by the people, the treasurers thereof shall receive as their conrnissionsa sum not to exceed Two Thousand Seven Hundred Dollars ($2,700)annual- ly; ad, shall be allowed an assistant at a salary not to exceed One Thousand, Two Hundred Dollars ($1,200) annually;provided, that in all counties having a population of one hundred and fifty thousand (150,000)inhabitantsor more, and leas than two hundred and ten thousand (210,- 000) inhabitants,according to the last preceding Federal Census, the treasurersthereof shall re- ceive as their commissionsa sum not exceeding Two~Thousand,SevenHundred Dollars ($2,700)an- nually, and shall be allowed an assistant at a salary not to exceed One Thousand Dollars ($1,000) . . - Hon. L. L. Roberts - Page 3 (V-231) Peruannum; proviaea,,that in all counties containing a population of not less,than rorty-two thousand, one hundred (42,100) Inhabitantsnor more than forty-two thou- sand two hundred and fifty (42,250)in- hab&ite, according to ,thelast preeed- ing Federal Census, and that in all counties containing a population,ofnot less than forty-five thousand (45,000) Inhabitants nor more than forty-seventhousand (47,000) Inhabitants,according to the last preceding Fede,ralCensus, the commissions and compen- sation to be paid to the county treasurers in said Counties shall be Three Thousand, Six Hundred Dollars ($3,600) per annum, pay- able in twelve (12) equal monthly install- merits,and such compensationshall be fixed by the CommissionersCourt of said Counties. “Sec. 2. All laws or parts of laws in conflict with the provisions of this Act ‘are hereby expressly repealed. . . “Passed the House, February 13, 1947: Yeas’125;‘Nays 3; House concurred insSenate amendments,March.10, 1947, by a viva vote vote; passed the Senate, adsamended, Febru- ary 27, 1947. Yeas 18, Nays 6. “Approved M&ch 13, 1947. “Effective 90 days after date of aa- journment.” (Underscoringours) Hon. L. L. Roberts - Page 4 (V-231) I Article IIT, Section 39, of'our State Consti-' ,tutionprovides : “No law passed by the Legislature, exoept the general appropriation act shall take effeot or go Into form titil &ety aays artierthe o6jourment, of thr rssqion at w&&ohit w.as maoted, u@oss In oaso of aa omr~oy, whioh o-no ouet ba ox- pnmrd in a preamble OF iir eosi,, tlxo Leglslat~re shall, ,tw+thirds o? all the mmbers eleotod to , saoh House, ofhorwisr dfreat; said vote to bo taken W yea8 and nays, snd entered up- 08 the j ournala.* It will be noted that B. I)a 258 paseed the Senate b a votr of 12 to d which was not the required two-thir i s vote of the elsoted’members ot the Senate. Ther~efore, ths lffeotive dste of B. 2. 258, Acts of the 50th Le$ielatirro, 1947, ie nlneSy days after date of adjournmeat oi the ,5Ot& Le&slature. In So B. 123, Acts OS the 49th ccnetml&s Legis~iturr, kn aot which ocntains practioally the I$entioal provlsicne of & 2,, 252, Acts of the 60th Lo islature, b ut lppUoab1e to aw0re0.t ofiioiale) t hf s DepsrWeaS hm somrirtemtb &ld that where SD‘5. 122 Is applloabla,the’ComI8sIonors~!Court Is author- ized whon in their judgment tho fInsnoIa1 condition of the county and the needs of the offloors justify the in- crease, to enlier an ortIer raising the max:IpLun compen- sation lIkmPcr(lby law to an amount not sxwedlng twsnty- five (2!5$) per osnt of the mm allowed for the fiscal pew 194h Therefore, it Is the opinion of,this Department that upon the effeotIve date of Ho B. 258, Acts of thr 50th Legislature, (90 days after adjOurMent) the Com- missioners’ Court of EutohInson County will be authorized to Inorease the oompensatlon of the County Treaaurer of said County in an additional smount not to exceed twenty- five (25$) gsa 80~6 of the mt%Imumsum allowed under the ’law for the fleaal year 1944. provided SitIon lutheriesd under the Lw for the fiscal yeai 1944 aid not exceed #5600eOOc In other words, it lllcws the CommIssIonor Court to raise by twenty-five (25s) per cent the maximumamount of l’swful oarlsslons the county --. - . Hon. L. L. Roberts - Page 5 (V-231) trearullsr may retain. Any inareas in caapensatlon ror the year 1947, however, must be ln the same proportion as the bialaao@ of the year r4latee to tho total annual iaon~so th4t may be mad0 ullder H, 1). 228. S44 our Opiblon So, 0-6575, a copy of which m are herewith 4n- closing. In connection with the Soregoing, we direct your attention to Artiole 689a-11, V.C.S., which is in part an mi0ws: When the budget has been finally ap- roved by tlm Canmissioners* Court, the t udget, as approved by the Court, shall be filed with the Clark of the County Court, and taxes lsvied only in accordance there- with, and no ex enditure of the funds of the county she1 P thereafter be made except in strict cmpllanca with the budget as adopted by the Court. Except that emer- gency expenditures, in case of grave public necessity, to meet unusual,and unforeseen oonditionr which could not, by reasonably diligent thought and attention, have been included in the original budget, may from time to time be authorized by the Court as amendments to the original budget. In all oama where such amendments to the budget Is made, a copy of the order of the Court amending the budget shall be filed with the Clerk of the C.ounty Court, and attached to the budget originally adoptedon Upon the effsotive date of H, B. 253, iotr of l&s 50th L4~irlatw4, 1047, (90 days after date of adjournment of the 50th Legislature) the Commissioners* Court of Hutchinson County (operating on a fee basis) is authorized to increase the maxlmumamount of lawful commissions the County Treasurer may retain in an additional amount not to exoeod 25% of the maximumsum allowed under the law for the rlscal year 1944. Any in- craaso in a@@sneation for the year 1947 must be in the same pzoportion as the balance of the year relater to the total annual in- Hon. L. L. Aoberts?,- Page 8 (V-231) crease that may be made, aid must be in com- plianoe with the Budget Law, Art. 689a-lJj v*c.s, Very trnly yours ATTORNE!fCSBNERAL OF TEXAS I JR:djm:wb~ Enclosure ‘. ATTORNEY GENERAL . . . : . .. .