WC-t 13, 1949 Hon. Y. E. Oates Opinion No. V-882 County Attornoj yalker county Re: Compensationof the ~Buntsvllle.Texas ahsriff of Udkor Qounty. Dear sir: Your requeet for an opinion is, in p8rt, 8rn followa: "1. If the Court ahould allow the twenty- flV8 per cent incroa8e a8 provided for in S.B. Ro. 92, would it in any way 8ffoct or repeal the twenty-fiveper'oeat, already allowed under S.B. Ho. 123, above.referI'ed You will notion that under S,B. Bo &n Seotion en: It.#rovide8 thit the ix+ orease would be twenty-fiveper cent of the au111allowed imdsr the law for the fiscal year of 1948; and, therefore,the Court de- eiri8 to ~knowwhether or not Secti@ one of , S.B. Ro. 92 repeal8 S.B. 130.123, and whethor the officers would be entitled to both ia- crearer? “2. Is your an8wer to question one rppllca- ble,.*oSection t-0 of S.B. No. 92, with re- ference to deputies, asslrt~ntsand olerke? * 93.'Section threii0f'S.B.~Ho. 92 provide8 that those paid on salary basis, shall be paid on twelve equal installments of not less than the total emount Wider the law of the flsctilyear of 1935, and not more tha the leaXim= 8= allowed the OffiC8rr under the laW existill& On Aujglst24, 1948, tog&her 81th twenty-five per cent if the Court feels authorizedto allow the twenty- fiv8 per oent. You will notice that this iricreasemay be allowed to officers who were on a fee baaia laet year. I notice , that the total alilountallowed in.1935 la 'specifiedin Art. 3883 which provides the , per oept of the sum allowed under the law for.., the flical year of 1949." Since Section 2 ooniaina 8ub#taI¶tiAllythe 8ame language as Section 1, the a8m rule of law la applica- ble to deput$ea, assistant8 and clerk8 a8 well as count7 md preoinct offloors, Section 3 of S,B, 92 provides: *All of 8wch offiaera who were paid on a fea.brsis duriiagthe ffacal year of 1948, and~who are now to be paid on a salary ba- ala, ehall be paid an annual salary In twelve (12) equal installment8of not le88 th8n the total sum earned a8 oompensatiion by hU in his official aapaolty for the fiscal fhr of 1935, and not more than the maxfmrm 8m allowed ruch officer under the lawo exi8t- lng on Au&prt 1948, togethor with the twenty-five (25% j par oent Increase allow- ed by this Aot within the discretion of tha ConmieslonerrCourt.' Since the sheriff of Walker County in 1948 w&8 oompen8atedon a fee basis atidin 1949 has been compon- 8ated otia salary basis (SOCK 61 of Art. XVI, Const, of Texan) the maximum and rlnimum ralary of the sheriff i8 rixod,by the provisions of Section 3 of S.B. 92, You are theriforsadvired that the rherlff of Walker Coun- ty is entitled to a 8alary of not lenr than the total 8um earned as conpensatlon hia in hie official capa- "4 * You are further advlaed city for the fiscal year 193 that the maximum compmmtlon Allowed under the law is &,687.50 03750 POW $937050). Since the Commiaaioners~ Court of Walker Coun- ty has placed its county 8nd precinct officer8 (0-r than county commlasioners,sheriff and constables) on a "fee* bA8j.8,Walker County ie not governed by Section8 .. Eon. Y. E. Gate8, page 5 (V-882) and 5 of Article 39126aud therefore does not have an ftOfflcers~ Salary Fund." Seotion 61 of Article IV1 of the Constitutionof Texal require8 the sheriff to pay into the County Trearury 8ll fees earned by him. Since Walker County ha8 no "Offioersf Salary Fund," the sal- ary of the 8herlff rhould be paid out of the-general fund. SUMMARY Senate Bill 92, Acts of the Slat Leg- lslature, flxee the minimum 8alary for-the eheriff of Walker Coupty at not leas than the total sum earned a8 compensationby hL In hi8 official capacity for the fiscal year 1935,and fixee his maximum salary at not more than the maximum sum allowed him under $;s~;;;~g=&qyt 24, 1948P~"P 25Ff. The Increase allowed the county and precinct offlcor8under the provisions of Senate Bill 92, Acts of the slat Leglsla- ture, is aa additional Increase over and above the Increase allowed In 1945by the rovisiona of Senate Bill 123, lots of the 9th Legislature. fi Section 61 of Article XVI of the con- stitution of Texas requiresthe sheriff to pay into the County Treasury all fees earn- ed by him, aud alnce Walker County has no "Offlcora'Salary Fund," ths salary of th8 sheriff should be paid out of the general fund of the county. Your8 very truly, ATTORWEYGXERALOFTD3S .