*,’ OFFICE OF 4 THE AIYTORNEY GENE= AUSTIN. TEXAS PRICE DANIEL ~+ORNEY GENERAL February 27, 1948 Ron. Alfred M. Clyde opinion NO. v-512 District Attorney Tarrant County Re: Compensationof County Fort Worth, Texas Judge of Tarrant Coun- ty.~ .Dear Sir: Your request for an opinion from this office on the above subjeot matter is as follows: "A question conoernlngthe salary of the County Judge of this county has been presented by the County Auditor for determination. The facts are as follows: nArt. 3912e-1 as amended by the 49th LegislatureActs 1945, provides in part: wlThe County Judge of such coun- ties shall each receive a salary of $7400.00 per annum In lieu of all other compensationnow provided by law.' "At the time of the passage of that amendment the County Ju e of tbls coun- ty received a salary of7 6500.00 per year and'an additional $900.00 per gear’under 2:. ;i142b,Set's 2 and 15, which provide: . 2 "'The Juvenile Board of such couu- ties shall be composed of the Judges of the several Dlstrl@ and Criminal Dls- trict Courts thereof together with the County Judge thereof.' : "Sec. 15 of the same act provides: "'The members composing said juven- ile,board in such counties, on account of the additional duties hereby imposed on them are each hereby allowed an addition- Hon. Alfred M. Clyde, page 2 (V-512) al compensationof $75.00 per month to be paid by the Commissioners'Court in such counties, and the same to be in ad- dition to all compensationnow allowed by law to such officers.' nArt. 5142b was enacted by the 45th Legislature in 1937. "From Januae 1, 1946, to date the County ,Judgeof this County has been paid on the basis of $7400.00 per year with no additional compensation. "The 50th Legislaturein Art. 38838 with reference to counties of 145,000 to 250,000, $.nwhich bracket this county falls, provided in Sec. 2 of that Act: "'The County Judge, Sheriff, Dls- trict Attorney, or Criminal District at- torney, as the case may be, the District Clerk, County Clerk, and Assessor and Collector of Taxes shall receive a sal- ary .of, not less than $7400.00 per annum from.the officers' salary fund in such counties.' "!@e County Judge here, proceeding under that act, applied for an increase of $lCiOO.OOper annum effectiveJanuary 1, 1948. Such increase was disapproved by the Commissioners'Court. Bow the County Judge is asking that he be paid the $75.00 per month as provided in 5142b set out above. In explanation, the present County Judge was the holder of that office at the time of the amend- ment to Art. 3912e-1. "It is the opiliionof this bfflce that the 49th Legislatureamended Art. 3912e-1 with the intention that the County Judge in counties of 225,000 to 500,000 should receive as total comoen- sation $7400.00 per year and expressly provided that to avoid the payment of the compensationas called for in Art. 5142b for members of the Juvenile Board. Eon. Alfred M. Clyde, page 3 (V-512) 221 It Is also our opinion that Art. 38838 placed a minimum on the salar,leqto be paid certain county officials&&If an additional compensationwere to be paid It would only be through the consent and authority of the Commissioners'Court and such payment would be discretionary with them. Therefore,it is our opinion that the County Judge of Tarrant County is receiving at this time the maximum salary authorizedby law until such time as the Commissionerat Court by proper order authorizes the payment of an addi- t10na1 sum. "I would appreciate the opinion of your offlce on the above subject and un- til such~timeas I receive an opinion from you, I am sending a copy of this opinion to our County Auditor for his guidance. Thanking you in advance and with kindest personal regards, I remain." Section 15 of Article.5142b,V. C. S., *as held unctinstitutionalby Attorney General's Opinion Ho. O-3777, a copy of which ls'enclose$. Therefore, It is unnecessaryfor this office to determine the appllca- bllity of this section to the question presented in your inquiry. Article 3912e-1, V. C. S., (applipableto counties having a population of 225,000 or more and less than 500,000 Inhabitantsaccording to the last preceding Federal Censds) was amended by H/B. 241, Acts of the 49th Legislature,1945, and provided that the Count Judge of such counties should receive a sal- ary of $7100.00 per anuum. Ii.B. 241 was then~amended by the same Legislatureby H. B. 849. However,~It con- tained a similar provision with reference to the COmty Judge's salary. We quote the following provision from H. B. 8492 "The County Judge of such counties shall each receive a salary of Seventy- four Hundred Dollars ($7400) per annum in lieu of all other compensationnow provided by law. In 1947,,the Legislaturepassed Hi~B. 631 (Art- t 222 HOIl. Alfred M. Clyde, page 4 (V-512) lcle 3883g, V. C. 3.) which provides as follows: "Section 1. The provisions of this Act shall apply to and control in each county in this State having a population of not less than one hundred and'forty- five thousand (145,000)and not more than two hundred.andfifty thousand (250,000) inhabitants,according to the last pre- ceding Federal census.. "Sec. 2. The County Judge, Sheriff, DistrictAttorney, or Criminal District Attorney, as the case IUQ be, District Clerk, County Clerk, and Assessor and Collectorof Taxes'shallreceive a sal- ary of not less than Seven Thousand,Four Hundred Dollars ($7,4OO)'perannum from the Officers Salary Fund, in such couu- ties. "Sec. 3. The Commissioner.% Court is hereby authorized,when in Its judgment the financial condition of the countg~ and the needs of the Deputies; Assistants and Clerks of any District, County.orTre- cinct Officer justify the increase, to enter an orderincreasing the compensa- tion of such Deputy, Assistant or Clerk in an additional amount not to exceed twenty per cent (20s) of the sum allow- ed under the law for the fiscal year of 1946. 'Sec. 4. The CommissionersCourts of each county affected by this Act shall amend the budget to provide sufficient funds to pay additional compensation. Qec. 5. This Act Is not intended and shall not be considered or construed as repealing any law or laws now on the Statute books except those in conflict herewith, and to the extent of the con- flict only, but in other respects shag1 be construed as being cumulativelaw. It is noted by.the provisions of Section 5 Of the above Act, the Legislature intended this Act to be HOG, Alfred M. Clyde, page 5 (V-512) cumulative of other laws on the same ~subject. Insofar as H. B. 631, Acts of the 50th Leglslature,~leappllca-' ble to the salary of.the County Judge df Tarrant County, it is not In conflFct with Article ‘J912e-1and there- fore,~does not repeal or amend this Article In this re- ' spect. Therefore, it is our opinion that the County Judge of Tarrant County is subject to the provisions of Article 3912e-1 and that he Is only entitled to a sal- ary of $7400.00 per annum, SUMMARY The salary of the County Judge of Tarrant County is governed by the prod.- sions.of.Article3912e-1, V. C. 9. as amend&d by B, B. 849, Acts,.of~the49th Legislature.,and the County Judge is on- ly entitled to $7400.00 per ahnum. Arti- cles 38838, 3912e-1, V. C. S.; Opinion No. C-3777. Yours very truly, ATTORNEY GWERAL OF TJZXAS JR:& John Reeves Encl. Assistant APPROVED: