EY GENEJuly 6, 1962 

Honorable John H. Fllnn 

District Attorney 

36th Judicial District 

P. 0. Box 1112 

Sinton, Texas 

Opinion No. WW-1375 

Re: Whether the provisions of 

Article 326k-12, Vernon's 

Civil Statutes, are applicable to San Patriclo 

County and related quesDear Mr. Fllnn: tions. 

In your recent letter you request the opinion of this office on whether the provisions of Article 326k-12, Vernon's 

Civil Statutes, are applicable to San Patricia County and related questions. 

A summary of the relevant facts shows that the population 

of San Patricia County according to the last Federal Census 

is 45,021, and that San Patriclo County has two District Courts, 

the 36th Judicial District and the 156th Judicial District 

authorized bs Artl~cle 199-36 and Article 199-156, Vernon's Civil 

Statutes, respectively.-- - 

Section 1 of Article 326k-12 provides 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 last preceding Federal Census, 

is not less than thirty-nine thousand (39,000) 

and not more than fifty thousand (50,000) inhabitants, and In which county there are two (2) 

or more District Courts the District Attorney 

or the Criminal District Attorney wdth the consent of a majority of the Mstrlct Judges, Is 

hereby authorized to appoint at their discretion, 

one (1) Investigator or assistant. Such lnvestigators or assistants shall receive a salary of 

not more than Three Thousand, Seven Hundred and 

Fifty Dollars ($3,750) per annum, nor less than 

Three Thousand Dollars ($3,000) per annum, the 

amount of such salary to be fixed by the District 

Attorney or Criminal District Attorney and approved by a majority of the District Judges; such 

investigators or assistants, as well as the Dlstrict Attorney or Criminal District Attorney, shall 

be allowed a reasonable amount for expenses not 
Hon. John H. Flinn, page 2 (WW-1375) 

to exceed Six Hundred Dollars ($600)~ each, per 

annum. The assistants to the District Attorney 

or Criminal District Attorney must be duly and 

legally licensed to practice law in the State of 

Texas, however, the investigators need not be 

duly and legally licensed to practice law in the 

State of Texas. 

The specific queationg you 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 

appointment by 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 

investigator with authority in 

the whole of the District or would his authority 

be limited only to the County which had a population of not less than thirty-nine thousand 

i;;:;;3gin;;: not more than fifty thousand (50,000) 

"4. WoUsA this statute, Art. 326K-12~ 

require the approval of both District Judges when 

there are only two such judges?" 

The answer to question 1 is in the affirmative. Since San 

Patrlcio County has a population that is within that specified 

by the statutory provisions 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-12 authorize 

the District Attorney or Criminal District Attorney to appoint 

an investigator or assistant with 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 Investigator would 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 Attorney has authority for the whole Af the 

district and the investigator or assistant is subject to his 
Hon. John H. Flinn, Page 3 (JW-1375) 

direction, then it would seem that the authority of the investigator or assistant would go to the whole of the district also 

unless otherwise directed by the District Attorney. 

Therefore, it is the opinion of this office that the authority of such an investigator or assistant would go to the whole 

of the district unless otherwise directed 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 assistant with the consent of a 

majority of the District Judges. The authority 

of the investigator or assistant will go to the 

whole of the district unless 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