### OFFICE OF'T'HEATTORNEY GENERALOF'IIEXAB **AUSTIN**

-.



### HonorableI. Predeckl CountyAuditor GalvestonCounty Galveston,Texas Dear Sir: OpinionNo. Q-6646 Re: 

### Appliaabilityof SenateBill No. 123, 

### to the Treasurerof GalvestonCounty. Your letter'ofJune a, 1945, requestingan opinion from thisdepartmentis, in part, as follgws:

"SenateBill No. 123, ennotedduring the 49th Session of the Texas Legislatureand whlah was approved on May 9th by.theGovernor,providesfor .inoreased

compensationof District,County,and PrealnctOfficials,and Deputies,Assl&ants, and Clerks. "The Act 

### referredto amendsArtioles 3891, 3902,- and Sections13 and 15 

### of Article 3912e,RevisedCivil Statutesof Texas, 1925. Section 13 

### of Artiole 3912enames the officerswhose salaries shallbe fixedby the Commissione??st Court and lnoludes the Treasurer. "TheTreasurerIn GalvestonCountyhas up to. this timebeen compensatedas provlded~fo: r in Art-' iale 3943whereinhis'compensatlon is~'limited

and not to exceed $2,000.00annually. The County Treasurerhas made ap~lioatlonto the Commissionersl Court for an inoreaseof $500.00above the amountauthorized..in the Artxcle lastmentioned. ..' 'your opinionIs respeotfully 

### requestedas to the authorityof the Commlssloners~ Court to allow the increaseof 25% above the amountmentionedin 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.3of 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 6t ,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 Commissionersf 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. 0-6576wherein it states as follows:

I,

. . . A.nyincrease of ~sslaryfor 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 ,OFTEXAS 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