my 28, 1947 of Oouaty *x hma beea Q&ted to cea6tPlle Art, 3943 &a mmded by pmwlt #MleLl of the zlrrgisla- twer “fPhe bat Federal Qeuaus shows the popu- latior ef this county to ha 28,871 at& our l~*m~aa(l(a raluetion is areuadl twenty-four mil- ex&m &lams. Weml$ the iacrbase be baaed on what ahe actwallf received or whet she could have re- cviywa if she had bean prid the maximum in the Hon. Joseph C. Ternus - Page 2 year 1944?" San Patricia Count has a population according to the 1940 Federal Census of 2 8 ,%7k inhabitants and its county officials %re compensated on a salary basis, Therefore, the salary of the County Treasurer of San Patricia County is governed by the provision3 of Article 3992e, Section 13, V.C.36 B. B, 258, Acts of the 50th Legislature, 1947, p, 52, is an a@t amending Article 3943, V0C03,, which article is applicable to counties whose county officials are com- pensated on a fee basis, Therefore, H. B6 258 has no appli- cation to San Patrieio County, Section 13 of Article 3Y12e provides in part as follows: “The 6ommissionersD Court in counties hav- ing a population of twenty thousand (20,000) inhabitants or more, and less than one hundred : and ninety thousand (190,000) inhabitants ac- cording to the last preceding Federal Census, is hereby authorized and it shall be its duty to Eix the salaries of all the fo%lowing named officers, to-wit,;: sheriff, assessor and COP- lector of taxes, county judge, county wttor- sey, including criminal district attorneys and county attorneys who perform the duties of dis- trict attorneys, district clerk, county clerk, treasurer, hide and animal inspector0 Each of said officers shaP1 be paid in money an annual salary in twelve (12) equal instaK&ents of not less th8n the total sum earned as compensation by him FQ his official capacity for the fiscal year 1935, and flat more t&n the nmximum amount aXlowed such officer under laws existing on August 24, 1935; provided that in counties hav-, ing a populatfon of twenty thousand (20,OOC) and less than thirty-seven thousand five hun- dred (37,500) according to the Last preceding Federal Census, and having an assessed valua- tion in excess af Fifteen Million ($15,000,000,- 00) Dollars, according to the last approved preceding tax roll of such county the maximum amount allowed such offiesrs as salaries may be increased one (1s) per cent for each One Million ($1,000,000000) Dollars valuation or fractioml Eon,. ~Jmfeph 6. Ternua - Page 3 . 1 Eon. Joseph C. Ternus - Page 4 3ubdivision (8) of Section 13 of Article 3912e, In view of the fore&olng, the uimum compensation the County Treasurer of Sam rrtrial.0 County could rearive for tha current fiscal year is $27$0,00. You state in your letter that the County Treasurer is mw reaeiving Therefore, $2400.00. we would like to point out that any UW~8ae of salary for the year 1947 rust be la th6 proportion La the balance of the year relates to the total auual increase that may be made. See our Opinion ,No. 0-6576, A copy or which we are herewith enclosin In this ceamectiea we direct your attention to Article 6 b’9a-11, V.C.S. which is iu part as follows; ?&en the budget has been finally rpproved by the Commissio~8rs~ OQurt, the budget, as ap- prsvsd by the Court shall be filed with the Clerk of the County Oaurt, and taxes levied oaly in ac- cordance therewith, and no expendit~ure of the funds of the county ahall thereafter be made ex- ‘cspt la 8trlct compliance with the budget as a- dopted by the Court. Except that emergency ex- peaditunea, ia case of grave public necessity, to meet unusual and udoreseea coW.tiolns which could nbt, by reasonably diligent thought and attention, have been included la the eriginal bud- get, may from time to time be authorized by the Court as amendments to the original budget. In all c~sea where such amendments to the original budget is tnade, a copy of the order of the Court uu~ading tb budget shall be $l.led with the Clerk of the Co,unty Courtk and attrCh6d to the budget o~igiaally adopted, The ~SX~ISLIJScaspsnaatloa of the County Treaa- urer of Slia P~triclo Ceuaty (opemrting on I salary basis) for 1947 is $2750000, Since the County Treasurer is now receiving $2400,00, however, any increase in salary that Is now made must be in .the same proportion as the balance of the year relates to the total annual increase that ma be made, and must be la compliance with Article 6 i 9a-11, V,C.S., the Budget law a Article 3912e, Sec. 13, and Arti- ._