### EY GENEJuly 6, 1962

Honorable John H. Fllnn DistrictAttorney 36th Judicial District P. 0. Box 1112 Sinton,Texas OpinionNo. WW-1375
Re: Whether the provisions of Article 326k-12,Vernon's Civil Statutes,are applicable to San Patriclo Countyand related quesDear Mr. Fllnn: tions.
In your recent letteryou request the opinion of this office on whether the provisions of Article 326k-12,Vernon's Civil Statutes,are applicable to San Patricia Countyand related questions.
A summary of the relevant facts shows that the population of San Patricia Countyaccording to the last Federal Census is 45,021, and that San Patriclo Countyhas two District Courts, the 36th Judicial District and the 156th Judicial District authorized bs Artl~cle199-36and Article 199-156,Vernon's Civil Statutes,respectively.-- - Section 1 of Article 326k-12provides in part as follows:

,1

. . . in a Judicial District composed of one (1) or more counties and in which the population in any one (1)of said counties,as determined by the lastpreceding Federal Census, is not less than thirty-nine thousand (39,000) and not more than fifty thousand (50,000)inhabitants, and Inwhich county there are two (2) or more District Courts the District Attorney or the CriminalDistrict Attorneywdth the consent of a majority of the Mstrlct Judges, Is hereby authorized to appoint at their discretion, one (1) Investigatoror assistant. Such lnvestigators or assistants shall receive a salary of not more than Three Thousand, Seven Hundredand Fifty Dollars ($3,750)per annum, nor less than Three Thousand Dollars ($3,000)per annum, the amount of such salary to be fixedby the District Attorney or CriminalDistrictAttorney and approved by a majority of the District Judges; such investigatorsor assistants, as well as the Dlstrict Attorney or CriminalDistrictAttorney, shall be allowed a reasonableamount for expenses notHon. John H. Flinn, page 2 (WW-1375)

to exceed Six Hundred Dollars ($600)~each, per annum. The assistants to the District Attorney or CriminalDistrict Attorneymust be duly and legally licensed to practice law in the State of Texas,however, the investigatorsneed not be duly and legally licensed to practice law in the State of Texas. The specific queationgyou des&re.anstiered are these: "1. Are the quoted provisions of Art. 326K-12 applicable to San Patricia County?

"2

. Does Art. 3261(-12 authorize the appointmentby me, with the consent of the majority of the district judges, of an investlgator or assistant?

"3 assistant'or

Does Art. 326K-12 authorize the investigatorwith authority in the whole of the District or would his authority be limited only to the Countywhich had a population of not less than thirty-ninethousand i;;:;;3gin;;:

not more than fifty thousand (50,000)

"4. WoUsA this statute, Art. 326K-12~ require the approval of both District Judgeswhen there are only two such judges?" The answer to question 1 is in the affirmative. Since San Patrlcio Countyhas a population that iswithin that specified by the statutoryprovisions and also has two District Courts, the provisions are applicable. The answers to questions 2 and 4 are also in the afflrmative. The provisions of Section1 df'Artl@le: 326k-12authorize the District Attorney or CriminalDistrict Attorney to appoint an investigatoror assistantwith the consent of a majority of the District Judges. Since there are only two District Judges, it would take the consent of both to have a majority.
In answer to question 3, it Is the opinion of this office that the authority of the assistant or Investigatorwould go to the whole of the district. Although only oy;le county pays the salary, Section 3 provides that they have ty under the discretion of the District Attorney'& . authori- ' Since the District Attorneyhas authority for the whole Af the district and the investigatoror assistant is subject to hisHon. John H. Flinn, Page 3 (JW-1375)

direction, then it would seem that the authority of the investigator or assistantwould go to the whole of the district also unless otherwisedirectedby the District Attorney. Therefore, it is the opinion of this office that the authority of such an investigatoror assistantwould go to the whole of the districtunless otherwisedirected by the District Attorney.

SUMMARY Article 326&-X?,Vernon's Civil Statutes, authorizes the District Attorney of the 36th Judicial District to appoint an investigator or assistantwith the consent of a majority of the District Judges. The authority of the investigatoror assistant will go to the whole of the districtunless otherwise directed by the District Attorney.
Yours very truly,
WILL WILSON Attorney General of Texas

JHH:mkh:ms
APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman
F. R. Booth Bill Allen Gordon Zuber
REVIEWED FOR THE ATTORNEY GENERAL By: Leonard Passmore