Untitled Texas Attorney General Opinion ( 1951 )

July 23, 1951 Hon. Canard Florence Oplnlon Ho. v-1212 County Attorney Stith County Rea Present maxlmum sal- Tyler, Texas aries of justices of the peace in Smith Dear Sir: county. You have requpsted an opinion concerning the maximnm salary that may be paid the justices of the peace in Smith County. The salaries of the justices of the peace of Smith County are governed by the provisions of Section l?(b) of Article 39120, V.C.S., and Section 1 of Arti- cle 3912g, V.C.S. These articles provide in part: Art. 3912e, Sec. 17(b): "In counties where it shall have been determined that precinct officers shall be caspensatedon an annual salary basis it shall be the duty of the CcaW.ssioners'Court of such county to fix the salary allowed to such officers. Each of said officers shall be paid In money an annual salary in twelve (12) equal in- stallments of not less than the total sum earned as compensationearned by him in his official capacity for the fiscal year 1935 and not more than the maximum amount al- lowed such officer under laws existing August 24, 1935." Art. 3912g, Sec. 1: "The Commlsaion- ers Court in each county of this State Is hereby authorized,when in their judgment the financial condition of the county and the needs of the officer justify the ln- crease, to enter an order increasingthe compensationof the precinct, county-and district officers, or either of them, in an additionalamount not to exceed twenty- five (25s) per cent of the sum allowed un- der the law for the fiscal year of 1948, 7 Hon. Canard Florence,,page2 (V-1212) whether __ -, .paid on fee or salary basis; pro- vlded, however, the members of the Comtnls- sioners Court may not raise the salaries of any of such CommissionersCourt under the terms of this Act without raising the sal- ary of the remaining county officials In like proportion." In 1935 Smith County had a populationaccord- ing to the 1930 Federal census of 53,123 Inhabitants. Therefore, the maximum compensationallowed under the law as It existed on August 24, 1935, to the justices of the peace of Smith County was $2200.00. Arts. 3883, 3891, V.C.S. (S.B. 209, Acts 43rd Leg. R.S. 1933, ch. 220, pt 734);,Att'g'Gen.Op. V-750 (1948). Senate Bill 123, Acts 49th Leg., R. S. 1945, ch.179, p. 244; authorizingincreases in compensation to certain officers, is not applicable to precinct of- ficers gove,rnedby Section 17 of Article 3912e, but It is only applicable to officers governed by the articles amended by Senate Bill 123, namely, Art. 3912e, Sets. 13, 1 and Arts. 3891 and 3902, V.C.S. Att'g Gen. Op. 0-6582 (1945). Since Smith County has a populatlti of less than 75,000,(74,701- 1950 Federal census) 'inhabitants, increases authorleed by House Bill 81, Acts 51st Leg., R.S. 1949, ch. 257, p. 474, are not applicable to Smith county. Therefore, until the enactment of Senate Bill 92, Acts 51st Leg., R.S. 1949, ch. 320, p. 691 (Art. 3912g, V.C.S.), there was no provision increasingthe compensationof the justices of the peace of Smith Coun- ty over the amount allowed under the law as It existed on August 24, 1935. Article 39128 authorieesan in- crease of twenty-fiveper cent of the sum allowed under the law in 1948,,($2200.00). You are thereforeadvised that the maximum aal- ary that may be paid a justice of the peace in Smith Coun- ty under existing law Is $2750.00 ($2200.00plus $550.00). . We are enclosing copies of Attorney General's Opinions O-6588 (1945) and V-750 (1948). . Hon. Canard Florence, page 3 (V-1212) 9 Compensation of justices of the peace of Smith County is governed by Section 17(b) of Article 3912e and Article 3912g, V.C.S. The maximum salary that may be paid such of- ficers under existing law 5.8$2750.00 per annum. APPROVED: Yours very truly, J. C. Davis, Jr. PRICE DNVIEL County Affairs Mvleion Attorney General Everett Hutchinson Executive Assistant Charles D. Mathews John Reeves First Assistant Assistant JRrmw