OFFICE OF'T'HEATTORNEY GENERALOF'IIEXAB 

AUSTIN 

-. 

Honorable I. Predeckl 

County Auditor 

Galveston County 

Galveston, Texas 

Dear Sir: Opinion No. Q-6646 

Re: Appliaability of Senate Bill 

No. 123, to the Treasurer of 

Galveston County. 

Your letter'of June a, 1945, requesting an opinion 

from this department is, in part, as follgws: 

"Senate Bill No. 123, ennoted during the 49th 

Session of the Texas Legislature and whlah was approved on May 9th by.the Governor, provides for 

.inoreased compensation of District, County, and 

Prealnct Officials, and Deputies, Assl&ants, and 

Clerks. 

"The Act referred to amends Artioles 3891, 

3902,- and Sections 13 and 15 of Article 3912e, Revised Civil Statutes of Texas, 1925. Section 13 

of Artiole 3912e names the officers whose salaries 

shall be fixed by the Commissione??st Court and lnoludes the Treasurer. 

"The Treasurer In Galveston County has up to. 

this time been compensated as provlded~fo: r in Art-' 

iale 3943 wherein his'compensatlon is~'limited and 

not to exceed $2,000.00 annually. The County 

Treasurer has made ap~lioatlon to the Commissionersl Court for an inorease of $500.00 above the 

amount authorized..in the Artxcle last mentioned. ..' 

'your opinion Is respeotfully requested as to 

the authority of the Commlssloners~ Court to allow 

the increase of 25% above the amount mentioned in 

Article 3943. 
&norable I. Predeoki, Page 2 

Senate Bill 123, Acts of the 49th Legislature, 

Regular Session, 1945, is, in part, as follovs: 

11 .. . . 

"Set . 3. That Section 13 of Article 3912e, 

Revised Civil Ststutes of Texas, 1925, as amended, be and the same is hereby amended by adding 

thereto the following: 

"I(e) The Commissioners Court is hereby 

authorized, when in their judgment the financial condition of the county and the needs of 

the officers justify the increase, to enter 

an order increasing the,oompensation of the 

precinct, county and district officers in an 

ad,d.ltional amount not to exceed twent;;.-five 

(25%) per cent of the sum allowed under the 

law for the fiscal y ar of 1944, provided the 

total compensation authorized under the law 

for the fiscal year of 1944 did not exceed 

the sum of Thirty-six Hundred ($3600.00) Dollars.' 

If II . . . . 

The compensation of the county treasurer of Galveston~ County is controlled by Section 13 of Article 3912e. 

Under Section I.3 of Article 3912e the county treasurer is 

allowed a compensation ;f "not less than the total sum earned 

as compensation by him in his official capacity for the fiscal year 1935, and not more than the maximum amount allowed 

such officer under laws existing on Au ust 24, 1935”. As 

Galveston County had a population of 6 t ,401 inhabitants aocording to the 1930 census the maximum compensation the oounty treasurer could have retained was the sum of Two Thousand 

Dollars ($2,000.00) per annum (Article 3943). 

In view of the foregoing it is the opinion of this 

department that the Commissioners f Court of Galveston County 

has the authority to allow the twenty-five per cent (258) 

increase as provided in Section 3 of Senate Bill 123, Acts 

of the 49th Legislature, Regular Session, 1945. 
. . __._ 

._, . . . 

Honorable I. Prodetiki, Page 3 

In connection with the foregoing-we cell+io~ yout 

attention Opinion No. 0-6576 wherein it states as follows: 

I, . . . A.ny increase of ~sslary for the year 

1945 must be in the proportion as.,the balance of 

the year relates to the total annual increase that 

may be made under said Act. In other words, if 

. . . . the increase in compensation is allowed 

as of Juno lst, then the increase for 1945 would 

be 7/12ths. . . . Tho componso$lon for the months 

passed cannot be increased. 

"In connection with the foregoing we direct 

your attention to Art. 689a-11, V. A. C. S., which 

is in part as follows: 

"When the budget has been finally approved 

by the Comnissionerst Court, the budget, as approved by t.he Court shall be filed with the 

Clerk of the County Court, and taxes levied~ 

only in accordance therewith, and no expenditure of the funds of the county shali thereafter be made except in strict compliance with 

the budget as adopted by the Court. Except that 

emergency expenditures, in case of grave public necessity, to meet unusual and unforeseen 

conditions which could not, by reasonably diligent thought and attention, have been included 

in the original budget, may from time to time 

be authorized by the Court as amendments to the 

original budget. In all cases where such amendments to the original budget is made, a copy of 

the order of the Court amending the budget shall 

be filed with the Clerk of the County Court, 

and attached to the budget originally adopted."' 

Yours very truly 

ATTORNEY GENERAL ,OF TEXAS 

By (s) Ardell Williams 

Assistant 

JR:MP:fb 

APPROVED SUN 19, 1945 

By (s) John Reeves 

p,G,"pAgpY 

ATTORNEY GENERAL APPROVED OPINION COMMITTEE 

BY (S) BWB, CHAIRMAN