on. Lawrence Jaok Moore Opinion MO. V-1279 ounty~Attornep +mnels County Be: Present maximum com- Ballinger, Texas pensation of County Commissioners in Dear Sir: Bunnels Cou@y'. Your reqvest for an 0pLnion reads in part as follows: *The Comr@ssioners Court of Runnels County, in 1950, raised their own salar- ies and. the salaries of all other County Officials twenty-five per cent, as pro- vided in Art. 9912g, V.C.S., so that at the present time the Commissioners are drawing salaries of $3050.00 annually. The assessed tax valuations of this Coun- ty for last year were less than $20,000,- 000.00, so that under the provi@.ons of Art. 2350, V.C.S., said CommissYoners could draw only $25OO.OO annually, had they not used Art. 3912g for an' increase. The preseht assessed tax valuatjons of this County are above $20,000,090.00, which will mean that-the Commissioners salaries would be $3,000.00 unaeq the provisions of Art. 2350, or an'increase of $500.00 from $2500.00 to $3,000.00.~ The questions submitted by yqu are substan- tially as follows: May the Commissioners' Court qf Run- nels County increase their.own salaries in the aum of $500.00 per year pursuant to the provisions of Article 2350, Y.C.S., without increasing the salaries of the other aounty officials? If so, when is this increase effective? What~is the maximum aompensatioq that the County Commissioners of Runnels County may receive for the years 1951 and 1952? * . Hon. Lawrence Jack Moore, page 2 (V-1279) Article 2350, V.C.S., provides in part: "In counties having the following assessed valuations, respectively, as shown by the total assessed valuations of all properties certified by the county asseasor and approved by the Commissioners' Court, for county purposes, for the re- from time to time, the E-- ounty F9-5= omm as oners of such counties shall each receive annual salaries not to exceed the amounts herein specified, said salaries to be paid in equal monthly installments, at least one-half (l/2) and not exceeding three-fourth (3/4), out of the Road and Bridge Fund, and the remainder out of the General Fund of the county; said assessed valuations and salaries applicable thereto being aa follows: " . . . n$lO,OOO,OO1 and less than 12,000,OOO not to exceed $2,200.00 n$12,000,001 and less than 20,000,OOO not to exceed $2,500.00 . ~$20,000,00l~and less than 30,000,OOO not to exceed $3,000.00n (Emphasis added.) Since Runnels County had an assessed valua- tion for the previous year (1950 tax rolls)of $13,- 264,455.00, its county commissioners may receive under Article 2350 a salary not to exceed $25OO.OO during 1951. Article 3912g, V.C.S., authorizes an additional increase not to exceed 25% of the sum allowed under the law in 1948. The sum allowed under the law in 1948 to the county commissioners was $2200.00, since Runnels County had a valuation for the previous year (1947 tax rolls) of $11,357,184.00. Under Article 3912g the county commissioners could receive an addi- tional increase,not to exceed $550.00, (25% of $2200.- 00). Therefore, the maximum salary that may be paid the county commissioners of Runnels County in 1951 is $3050.00 ($2500.00 plus $550.00) According to pour request, Runnels County will have a tax valuatioq~in 1951 of more than $20,- 000,001 and less than $30,000,000. . Hon. Lawrpnqe Jack Moore, page 3, (V-1279) In Att'y &en. Op. V-1004 (1950)~it was held that oounty commissioners were authorized to receive the increase in compensation allowed un- aer Article ,235Odue to the increase in tax val- uation without rasing the salary of the remaining county officials irilike proportion. It was stated in Miit3: opinion: "Since the tax valuation of Dewitt County has increased from $18,758,825.00. to $20,848,175.00 the Commissioners Court is authorized under the provisions of Art- icle 2350 to set the salaries of the Coun- ty Commissioners at any sum not to exceed $3,000.00 a year. Y3ection 1 of Article 3912g, v;C.S., (S.B..92 Acts 51st Leg., R.S. 1949, ch. 320, p. bOl)"proviaes: n 'The Commissioners Court in each county of this State is hereby authorized, when in their judgment the fina,$,aialcon- dition of the county and'the needs of the officers justify the increase, to enter an order increasing the com$enaation of the precinbt, oounty and district officers, or either of them, in'atiadditional amount not to exceed twenty-five (25%) per cent of the SUPLallowed under the law for the fiscal year of 1948, whether paid on fee or salary basis; provided. howeve,r,the members of the,Commissioners Court may not raise the salaries of any of such Commis-. sioners Court under the terms of,this Aot without raislnR the salary of the remain- ‘ing county officials in like proportion.' (Emphasis added.) "The requirement 'that the Commis- sioners Court may not raise the salaries of any of such Commissioners Court under the terms of this Act without raisise ``e"',r``~r````n``~l~B",Un``l~f``c``~s inorease authorized in Article 3912g aid does not qpply to the increase j.nsalar- ies under t,heprovisions of Article 2350 Hon. Lawrence Jack Moore; page 4, (V-1279) due to the increase in tax valuation in Dewitt County. we agree wi.th the conclusion reached by you in your brief, and you are therefore advised that the.Commissioners Court of Dewitt County nay set the salaries of the members of the Co issioners' Court artany sum not to exceed? 3,OOO.OO per annum with- out granting raises to the other county of- fi~ials.w In~&ition to the $3,000 base compensation authorized under Article 2350, which will become ef- fective January 1, 1952, the county commissioners also may receive an aaaitional $550.00 for that year under Article 3912g, provided the commissioners~ court grants the remaining county officials a proportionate increase under that article. SUbNARY On January 1, 1952, the Commis- aloner' Court of Runnels County will be authdrized to increase their own salaries in the sum of $500.00 per year pursuant to the~provisions of Article 2350, V.C.S., without in- oreasing the salaries of the other county officials. The County Commissioners of Runnels County may receive the maxi- mum compensation of $3,050.00 for 1951 and $3,550.00 for 1952, provided the Conunissioners~Court also grants the remaining county officials a propor- tionate increase under the provisions of Article 3912g, V.C.S., for the re- spective years. APPROVED: Yours very truly, Bruce Allen PRICE DANIEL County Affairs Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant Everett Hutchinson Executive Assistant ;IR:ga:awo