DocketNumber： V-457
Judges： Price Daniel
Filed Date： 7/2/1947
Status： Precedential
Modified Date： 2/18/2017
R-941 THE GENERAL December 16, 1947 Hon. C. A. Pounds Oplnlon mo. v-457 ~punty Attorney - Chambers CounCy Re: Applicabflitpof H. B. 785, Anahuac, Texas 50th Legislature (Article 3912e-12, V. C. 3.) to Chambers County in the event the Commissioners' Court places the county officials on a salary basis in 1948. Dear Sir: You have requested this office to determlne whether Chambers County will come within the provisions of II.B. 785, 50th Legislature, (Art. 3912e-12, V. C. 5.) in the event the Comm13sl.onerssCourt of Cha!nbers County determlnes In 1948 that the county officers shall be compensatedon a salary basis. Article 3912e-12 is applicable to "all coun- ties OS this State having a population of less than twenty thousand (20,000) according to the last preced- ing Federal Census, and in which counties the Commis- sioners' Courts have determined that the count;goffi- cials shall be compensatedon a salary basis, According to the above quoted provisions, two conditionsmust exist in order for a county to come wlth- 'Inthe provisions of H. B. 785. First, the County must have a population of less than twenty thousand; and, se- cond, its county officials must be compensatedon a sal- ary basis. Chambers Countyhas a population of 7,511 in- habitants according to the 1940 Federal Census. There- fore, It Is the Commissioners'Court's duty at its first regular meeting in January to determine whether the county officials are to be cornensated on a selarg or fee basis. (Art. 3912e, Sec. 27. Thus, the ques- tion presented in your Inquiry Is whether the Legisla- ture intended the provisions of Article 3912e-12 to be applicable only C.othose counties under 20,000 whose of- ficials were compensatedon a salary basis p~lor to the enactment of Ii.B. 785 or whether the Legislaturein- Hon. c. A. p0uIla3, page 2 (V-457) tended it to apply equally to all counties under 20,000 whose county officials are placed on a salary basis aub- sequent to the enactment of H. B. 785. The Tennessee Supreme Court in the case of Baker v. Donnegan, 52 5. W. (26) 152, construeda eimi- lar provlslon~ina Tennessee statute. It was held that the phrase ‘wherein such county or counties shall have entered Into an agreement” contemplatad“an agreement entered into by a $,ountyor counties alter the enact- ment of a statute. Legislative intention is preeuapedto be acoord- iztE;nwhat is consonantwith 30ua reason 3na good aie- . Kopeclcyv. Clt of Yoakum 35 S. W. (26) 492 affirmed 52 9. W. (28) 290. Also, i statute will be ok- &rued with reference to the entire body oi law existing at the time of Its enactment. 39 Tex. hr. 252. As pointed out above, Article 39123, Section 2, requires the Commissioners1Court at its first re- gular meeting in January to determine whether county officers are to be compensatedon a salary basis. xt is our opinion that the Legislaturedid not intend for H. B. 785 to be applicable to +onl those counties under 20,000 whose Coemleeionere~Ceur placed In w its officers on a salary basis. On the contrszy,we believe that the Legislature intended H. B. 785 to apply also to all counties under 20,000 whose officials are placed on 6 salary basis subsequentto the enactment of said bill. H. B. 785, 50th Legislature (Art. 3912e- 12, V. C. 9.) relative to sal*rles of county , ,. officials in counties under twenty thousand (20,000) opulation,will be applicable to Chambers Eounty In the event the Commleei.o~- ere’ Court passes an order In its first re- gular meeting In January, 1948, placing the county officers on a salary basis. Yours very truly APPROVED: ATTORNXY QENERAL OF TEXAS ATTORRRY WXERAL Bs JR:mw Assistant ..