TEE ATTORNEY GENERAL 

Aue~w 11. TBxAn 

Thie Opinion 

Ovrrruler 0 lnion 

#O-722--O-12&-0-1529 

bnorable I. Predecki 

aounty Auditor 

&lrerton, Texas 

Overruled by O-6616 

Opinion No.~ 0.jQ1 

Be: Compenmtlon of a 8p8ai8l 

county judge of Galre8ton 

county. 

Your recent requert for an opinioir of thlr dopartment on the above etated matter has been received. 

19l&,.and 

B. iiolaan of thlr county 

‘home for ap roximatel twb 

pregid.e an s udgr of t E l 

tfon at a 8peeial called 

t, 1940, elected Hr. hl88el 

l a 8 Special Judge hating 

tters In the 

the County may 

rendered by the 

County Court. 

ute that author 

ttention that 

or the senlaes 

stated above. 

full amount of 

in January of t 

Com~iAssi0ner.s' 

illness. 
Honorable I. Predecki, Page 2 

Hay 2Tth, 1939, to Mr. Fred T. Porter, County 

Attorney, Kaufman County, you rtate: ‘A 

Special County Judge, whether lrervlng in a 

general capacity or a probate ca 

rhould be corn enrated on the fol r 

city, only 

The annual 

owing ba8i8: 

ra P ary of the Judge of the County 

Court divided by 365 and the quotiant multlplied by the number of da 8 actually rewed 

by ruch special Juige. Til8 compensation 

should be paid from the Offlcerr! Salary Fund 

of ~the County. t 

“Ou October Pth, 1940, I wrote and arked 

for an opinion with reference to the salary or 

compensation to be paid the Special Judge who 

wa8 nominated by the Bar A8sociatlon to act 

during the abrence, through lllnes8 of the 

elected County Judge E. B. Holman 01 thir County. 

-“In a ietter from you, signed by Mr. W. C. 

Caaon, Admlnistratlve.A88istant I received 

-boples of Opinions NOS. O-722,-6-123& and O-1529, 

concerning the quertion submitted In my letter, 

a oopy of which I a l80 l ncl@ae. 

‘Judge iiolman was detained at his home until 

the 1st of Jan 1941. On yesterda 

ELssell H. harxi Special County Ju z? ge preshr. 

ented to me hi8 claL IA the total amount ‘of 

it $$t*$ ? At 

claiming this a8 his compensation from 

1940 through Uecember 31st 1940, 

Inclusive. ‘I enclose s copy of nis bill: 

“From the opinions received, I -understan d 

th:.t tne special Judge is to be paid for each 

day that he actually serves, and the compensation 

to be arrived at as stated on Page 2 of 3pinion 

No. O-722. AS NW. tiarktell renders nis bill for 

every day, including sundsys and holidays from 

August 21st, 1940, ne is requesting payment not 

for the d;:ys tnzt he ?ctuclly served, but for 

evCry dsy intervening between the first dzy of 

his appointment until the last day. 

ItI understand fro:n the ocinions rendered 

th;t the 3p@cial Judge is entitled to all of the 
gonorable I. Predeckl, Page 3 

compensation received by the dul 

Judge (in Galveston County, the E 

elected 

ounty Judge 

receives &,750.00 per annum, and which he 

received during his ab8enCe) and It ir necl r lr a for r y me to establi8h the number of 

actual day8 for which he is to be pald. 

‘1 therefore respectfully 88k your 

‘. opinion to aid me in determining the actual 

day8 that be beWed, ~whether the tinA i8 

reprreented a8 8hown in the Hinuter of the 

Count 

teria 1 

Court or whether it includes any minisduty that deVOlVe8 on the County Judge 

and of which there is no record in the Minute8 

of the Probate or Civil Docketr. To rubrtantiate or verify his claim, it would be neol 88a rty h8t the County Clerk chow the number 

bf day8 that wire actually 8erved by the 

Special Judge and that the Clerk certlf to 

this statement. The clain that Mr. Mar Ew ell 

- 

has presented is a statement covering the 

entire perfod without any reference to Sundape, holiday8, and when no Probate or Civil 

matter8 came up fcir hearing. At tlmea thr 

Speelal Judge qpeared at the office of the 

County Judge and whether any dutle8 were performed or not, I am unprepared to say and it 

might be that 80m8 day8 the Special Judge 

did not appear at all. In other words, what 

constitutes in your opinion, a working day 

for the Special county Judge.” 

The claim of Honorable iiussell H. hsrkwell presented 

the following claimagainst the County of Galveston for service' 

rendered as special County Judge reads as follow-s: 

January 23r&, 1?41. 

11 days in August - - - - - - - - 4143.11 
-- 

y% 

honorable 1. Predecki, Page 4 

4 months at $395.83 per month - - - - - $ 1583.32 

Total amount of claim a8 

provided by Statute .- - - - - $ 1726.43 

Section 1 

vides In part a8 fo P 

Article 5 of the State Conetitution prolonr: 

"* * *. When the judge of the County C&t 

ir di8qwlifird in any cane pending in the~county 

Court the partier intere8ted ma 

point a proper person to.try 1’ 

by consent, apra d care, or upon 

their falling to do 80 a competent perron may be 

appointed to try the muse In the county when It 

18 ending in such mPnner a8 nay be prerorlbed 

by P aw.” 

Articles 1930, 19313 1932, 1933 and 1934, Vernon's 

.¬ated Clril Statutes, read a8 follows:~ 

“Al%. 1930. When a judge of the county 

oourt 18 disqualified, the partIe may, by 

consent, app.oint a- proper. peroon. tom try- ruch 

oa8e. 

“Art. 1931. Whenever a judge of the xounti Court 18 dirqualifled to try a civil oa8e 

pending In the oounty oourt, and the parties 

shall fail at the first term of the court to 

agree upon a epeolal judge, the judge 8hall 

certify his disquallfioation to the Governor 

and the failure to agree upon another to try 

the same, whereupon the Governor shall appoint some person, learned in the law to try 

such case. 

“krt. 1932. When a county judge is disqualified to act in any probate matter, he 

shall forthwith certify his disqualification 

therein to the Governor, whereupon the Governor 

shall appoint some person to act as special 

judge in said case, wno snall act’ from term to 

term until such disqualification ceases to exist. A special judge so appointed shall receive the same compensation as is now or may 
gonorable I. Predeckl, Page 5 

hereafter be provided by lar for regular 

judges in similar cases, and the commlsdonero' Court shall, at the beginning of 

each fiscal year, Include In the budget of 

the county, a sufficient sus for the payment of thr special judge or judges l p - 

pointed by the Governor to act for the 

regular county judge. 

.tryiG a casi, ghe parties or tihelr counsel 

may agree upon an attorney Sor the trial thereof; and, if the shall fail to apse upon an 

attorney at or i: eforr the tins it Is called 

for trial, .or if the trial of the Case i8 

pending and the county judge should become 

unable to act, or is absent, and a special 

judge is selected who IS disqualified to prooeed with the trial, and the parties thrn 

fail to aeleot or agree upon a special judge 

who Is pual%fied, the county judge or special 

judge presiding shall certify the fact to the 

~Governor Immediately whereupon the governor 

shall appbint a specjal judge, qualified to 

ttXer2 or%~e2i~0,~~"m~ ~L~lrn~gF 

shall prooerd to the trial or dispoe tion of 

such case. Any special udge agreed upon or 

appointed to try cases s Ll 1 receive the same 

pay for his services as is provided by law for 

county judges. 

"Art. 1934. If a county judge fails to 

appear at the time appointed for holding the 

court, or should he be absentduring the term 

or unable or unwilling to hold the court, a 

special county judge may be elected in like 

manner as is provided for the election of a 

special district judge. Tne special county 

judge so elected shall have all tne autnority 

of the county judge while in the trial and 

disposition of any case pending in said court 

8Y'+B EbPn&~Sjft8~&. in3Ulif$J' ef~cfY~&r~$~sSi 

held at any time during the term, t0 SUpi<ly the 

absence, failure or inability of the county 

judge, or any special judge, to perform the 

duties of tile office. ivhen a special county 
-- 

380 

honorable I. Predecki, Page 6 

judge She.11 have been so elected, the clerk 

shall enter upon the minutes of the court, 

a record Such as is provided for in like 

cares in the district court.W 

Articles 554, 555, 556 and 557, Vernon’s Code of 

Criminal Procedure, read as follows: * 

@Art. 554. When the judge of ~the county 

court or county court at lax is di8qualified 

in any criminal case pending in the court of 

which he is judge, the parties may, by consent, 

agree upon a special judge to try such case. 

If they fail to agree upon a special judge to 

try such ca6e? on or before the third day of 

the term at wnich such~ case may be called for 

.trial the judge ‘presidin 

certiiy that fact to the i50 

shall forthwith 

vernor, who shall 

forthwith appoint some practicing attorney to 

try such ease. 

“APti 555. The attorney agreed upon-or 

appointed shell, before he enters upon his 

duties as special jud e, 

fice required by the 8 

take the oath of ofonstitution. 

“Art. 556. ‘When a speoial judge is agreed 

upon by the parties or appointed by the Governor, as above providrd, the clerk shall enter 

in the minutes as a plrt of the proceedicgs 

in such cause, a record siiowing: 

"1. That the judge of tne court was disqualified to try the cause. 

“2. That such special judge (naming iAm) 

was by consent of the parties aFreed upon or 

was appointed by the Governor to try the cause. 

“3. That tne oath of office prescribed 

by law has been d.lly a&inistered ts such 

special judge. 

“Art. 5j7. A% special judge selected or 

ap;oir,ted in accorcznce witri tile preceding 

articles shall receive tne saffie conFenssti3n 

as provided by law for regular judges in similar 

cases." 
honorable I. Fredecki, Page 7 

314, that: 

It is stated in Texas Jurisprudence, Vol. 25, p. 

"There are three modes In which a 

judge may be selected to take the plao8 

of a regular county or district judge: 

Plrrt, if the regular judge fails to appear at the appointed time and plaoe for 

holding hlr court, an election of a special 

judge lust be held in accordance with ths 

StatUtO~ prOViSiOnS; 

judge is from an 

second, if'the regular 

a case, the I 

cauer dl8quallfied to try 

@rt es thereto may by agreeaent appoint 8 special trial judge; third, 

should the parties fail to agree on a 

spa&l judgr, an appointment may be made 

by the governor. The special judge selected 

in any of these mode8 should possess the 

necessary qualifications, and should take the 

oath of offioe.n 

It is further Stated in Texas Jurisprudence, Vol. 

25, pp. 325, 326 and 327, as follows: 

"&ring the. continued ~absence of- the 

regular judge, or his continued unwillingness 

to serves a special judge elected b 

torneys is, within the meaning of t rA 

the ate constitution and laws, a judge of the court. Oenerally 

speaking, he has all the authority of a regular 

judge with respect to cases that proper&y come 

before him, or, at least, he has such of the 

regular judge's powers as are necessary to 

enable him to transact the business of the 

court. An elected special judge may preside 

--even at a special term of court--in all 

cases in which he is not disqualified; his authority is not limited to the trial of cases 

in whir3 the reguiar judge is not disqualified. 

tie may dispose of tne unfinished business of 

the rewlar incumbent or of another special 

judge; he may rdjourn court from day to day; 

and nt; may validate acts of ;lis predecessor. 

It sems, Iioiiever, tllat a sFecia1 judge Aas 

no autllority beyond We particular court wAcn 

he is elected to nold.” 
goa. I. Pradaokl, Pago 8 

It Is further stated In Taxaa Jurlsprudenoe, Vol. 

25, p. 309, that: 

t 308 # 

qnder the oonstlthtlon and statutes 

there Is but one 00oaSiOn UpOll whloh tb 

parties, through mutual oonsant, may ‘appoint a psopar person to try the oaaa’; 

auoh ocoaslon arises when tha ragular judge 

Is legally dIaqualIiIad. Tha 4bsanoa of 

the regular judge ior any raaaon doer not 

authorize suoh appointment; In auoh a oaao 

tha apeolal judge Is to be eleoted by tha 

bar, or appointed by the governor. On the 

other hand, the dIsquallf~oatIon of a Judge 

Is not ground- ror tha elaotian or a apaoial 

judge by attorneya, unlesa, It adams, tha 

parties or the governor should id1 to daaIgnata 8 judge to sit’ in the plaoa of tha ona 

who I4 disquallrlad. n 

We quota rurther tr’om Texan JurIaprudanoa, Vol. 25,~. 

OS r0ii0wi3: 

*The seleotlon or appointment cU a 

speolal judge is proper only upon the oondltions epeoirled In the constitution end 

atetutea. A ooordlng to suoh oondltlons a 

speolal oounty or distilot judge may ba 

seleoted by oonsent of the parties when the 

regular judge Is dlaquallrled; and an elaotion of a special judge by attorneys Is 

proper should e district judge ‘fail or reruse to hold the court ,’ or, In tha ease or 

oounty judges, Ii the judge ‘falls to appear 

et the tire appointed ior hcldlng the court,, 

or should he be absent during the term or 

unable or unvrillinc to hold the court. The 

foregoing ere the only circumstances In whioh 

the selection of a special county or district 

judge Is autho:Ized. As we shall see presentlY, a special Judge may not be seleotcd to 

riii a vacancy in the judicial ofrlce. The 

statutes Drovidlng ror the election of e 

special jufige in She event that the regular 

jurlre is akent or U:T.T;.LIIJG TO 331.L CCUXT 

I-TJ.V-5. 33.:: FjlLL TO I32 C3::“TITUT- OMiL , . . ” 
gon. I. -PredeokI, Page 9 

Seotlons 67, 68 and 69, Vol. 25, pp. 314, 315, 316 

as& 317, Texaa’JurIsprudanoa, read In part se iollowar 

Wee. 67. Vlth respect to both dlstrlot 

and county judges, the statutes provide for 

the eleotlon of a spaolal judge when the 

regular judge Is absent or unable to preside. 

Although not aIpreaaly authorlzad In the 

constitution, the prooadure ao prorldad la 

not objaotIonabla upon oonstItutIonal grounda; 

and It la applloable to both regular and 

speolal terms. 

Vhi purpose oi the eleotlon oi a spaolal 

Judge $a to prevent a faIlura to hold a term 

or the court baoausa of the absanoa of the 

regular judge. Aa sbova stated,’ a n l laotlon 

may be held when the regular judge t8118 to 

appear or Is unwilling to hold oourt; but 

this Is not the proper procedure whah the 

reguler judge Is dlaqualIrIed, or when a 

vaoanoy has ooourdd In the orrloa Itselr. 

%eo. 68. A sreolsl judge may be alaotad 

by the bar either at a regular or a spaolal 

term. ‘A’here the regular judge fells to appear 

at the beginning of the terr+, one day may byallowed to elapse before resort la had to an 

eleotlon; but this delay Is not neorasary; 

the attorneys attending the oourt my proceed 

at once to the seleotlon of a speolal jubga. 

However, If etter the eleotlon, either on the 

rlrst or saoond day, the regular judge puta 

In an appearance, he assumes oontrol oi the 

court and ouats the special judge of jurlsdlotion. Where the court has been adjourned from 

day to day for three deys, because of the 

tsllura or the judge to appear, or vdere oourt 

‘Ies been convened end has not been edjourned 

for the term, the election may be held upon 

the r.ornlng of the fourth day, unless the 

regular judge on that Feornlng puts In en 

appeerance. 

“‘Like elections may be held fror;, time 

ta tire fiurin- the tCrrl 0T tie c3Ct to supply 

the absence, reilure or Inability oi’ the jutige, 

or of eny special judge, to perform the duties 

or the orrioe.'~ 

“:Cec. 69. An election 0r special juage 

Is to be held by the prfictlcing attorneys of 

the oourt, and the person to be selected 8s 

judge must be one of their number. The manner 

of conducting the election--the proclamation, 
. 

. 

,38

non. I. Predeokl, Paga 10 

the duties of the aherlrf, oonatabla and olerk, 

and the voting--are preaorlbed by statute. * l *.I) 

“The only 1ImItetIon with reepeot to the 

right of an attorney to vote at the election la 

that he shall be e preotlolng lawyer of the oourti 

he may vote although ha resides outalda the oounty and QIstrIot, and may oust his ballot ior 

himselr. The majority whloh la aufflolent to 

l laot la a majority of thou* partIoIpatIng In 

the eleotlon and not a majority or the attorneya 

preaant In.oourt. 

Seotlona 2 and 3 of Artlolcl 3926, Vernon’s Annotated 

- -. . _ -- 

oirii stat.utea, raaa 44 roliowa: 

“2. For eaoh oaaa or lunaoy dIapoaad or 

by him, ~threo dollara~ to be paid out of the 

county trea.4ury. For eaoh oIrI1 aausa f’inaliy 

dIaposad of by him by trial or otherwise, .threr 

dollars, to bs taxed agelnst (agaInat the party 

oaat In the suit; provided that If said party 

- has riled his oath of Inability to pay ooats 

- during the-progress of the- osusa, or be unable 

to pay ooats, then the oountg judge ahall be 

allowed by the oommIssIonera oourt suoh oaapenaatlon It may daam proper, not to rxoaed 

three dollar8 for eaoh gtata oasa. 

“3. For presiding over the oommIsaIonera~ 

oourt, ordering l leotlona end makingreturns 

thereof, hearing and determInIng oIvll oausea, 

Ii any, and transacting all other ofrloIal buslness not otherwise provided ior, the County 

Judge shall reoelve suoh salary irom the County 

Treasury as the oommIssIonersf tiourt may allow 

him by order, payable monthly rrom the general 

tunds of the county, provided, that In counties 

having $29O,OoO,OOO.OO assessed valuation, 

or more, end which heve established therein 

Institutions for the care of both dependent 

end delinquent boys end Clrls, the County 

Judge shall receive as ex-officio salary, 

not to be accounted for es rees or orfloe, 

and in e6dItIon to all amounts allowed under 

the Maximum Fee Bill, the further sum oi 

$3,000.00 per BMW, payable monthly out of . 

the general funds of the county.” 

Sections 3 or ktiole 3926, supre, no longer applies 

to oountles whose oftloers are compensated on a salary basis 

under ArtIole 3912e, Vernon’s Annotated Civil Statutes. Sec- 
. 

gon. I. Predeckl , Peg0 11 

- 

3% 

tion 2 of aald atatuta la applIoabla to all oountlea whether 

aa a salary or rue beala, but In oountles whose oounty orrIoIala 

l ra oompenaated on l alary baala, the f8a I4 oolleoted end paid 

snto the *OrrIoers~ Sslary Fund”, while In iea counties tha 

faes oolleoted are paid to the County Judge to be eooounted ror 

by him under appropriate stetutaa. 

Artlola 1052, Ooda or CrIm.lnal Prooedure, provIdaa 

aa fallows I 

Ybrea Dollars ahall be paid by the 

oounty to the County Judge, or Judge of the 

Court at Law, and Two Dollar8 and ility 

oenta ahall br paid by the oounty to the 

Juatlor of the Peaok, ror eaoh orlminal 

notion tried’ and ilmlly dIsposad of boron 

him. Provided, however, that In all ooua-~ 

tlaa having a population of 20,000 or laaa, 

the Jaa6Ioo ai the Pee00 shall rooolvo a 

trial iaa of Three Dollars. Such Judge or 

Juatloe ah411 present to the ConsaIssIoners~ 

Court of hla oow&ty et a regular term theraof a written l ooo unt apaoISyIng eaoh orImIna1 

ao 4 Ion- In whloh he olaims suoh roe, oertliled by suoh Judge or Justloa to be oorreot, 

and filed with the-County Clerk. !lhe CoamIaslonera’ Oourt shell approie auoh aooount 

for auoh amount as they rind to ba oornct 

and filed with the County Clerk. Ihe CommlaaIoneral Court shall approve auoh aooount 

ior suoh amount aa they rind to ba oorraot, 

and order 4 drart to be Issued upon thr 

County Treeaurar In ravor of auoh Judge 6r 

Justloo for the amount ao approved. Portided the ConmlsaIonera~ Court shall not 

pay eny account or trio1 rees In sny oaae 

tried and In whloh an aoqulttal Is had 

unless the State of Teres waa represented 

In the trial of seld o4use by the County 

Attorney, or his assistant, Criminal Dlstrlct Attorney or his esslstent, end the 

certllloste of said Attorney Is stteched 

to said aooount certifying to the faot 

that said ceuse was tried, end the Stete 

of Texas was represented, end that In his 

judgment there was surricient evidence in 

said oeuse to demand a trial of same.” 

Articles 1887 and 6821, Vernon’s knnotsted Civil 

Statutes, reed es follows: 

“Art. 1887. Should the 1 udge oi a 

dlstrlot court on the firsti or eny future 

day of a term, fell or refuse to hold the 

oourt, the practicing lewyers of the court 
.-. 

336 

. . 

Bon. I. Predaokl, Page 12 

praaant may aleot from among their number 

a apaoIal judge who shall hold the oourt 

and prooaad with the buaIneaa thereof.” 

“Art. 6821. The aalerIes of speolal 

Judges oommlsaIoned by the Governor In 

obedlanoe to Seotlon 11, Artlole 5, of the 

Constitution, or elrotsd by the practlolng 

lawyera or agreed upon by the parties au 

provided by law, shall be determined on& 

paid aa rollowe: 

*1. Eaoh apeoial judge ahall raoelva 

the sum, pay es dietriot judges for ovary 

day that he may be oooupled In performing 

the duties or judga and those ooimaIaaIoned 

by the Governor rhail also reoelve the sum) 

pay aa dietriot u&gas for avery day they 

may bo naoaasari 1. y oooupled In going to end 

returning rrom the plao e where they may be 

required to hold. oourt. 

“2. The amount of suoh adlary shall 

be kaoertalned by QIiIdIng the aalary allowed a dlstrlot judge by three hundred end 

sixty-rive, and then tiultlplylng the quotient 

by the number of days ectuelly served by tha 

speoia& judge. 

: (I 3. A judge ao oommIsaIoned ahall, In 

order to obtain his s01ary, present his sworn 

aooount to the Comptroller, ahowIng the number 

or days neoesserlly oooupled In going to and 

returning rrom auoh place, aoocaapanIed by 

evldenoa that he wqs duly oommlssIoned. Suoh 

aooount shall be oertliled to be oorreot by 

the judge of the district, or by the clerk 

of the court In whloh the services were perromea. 

“4. :. judge so elected or egreed upon 

ah811 be paid for his services on presentation 

to the Comptroller of the oertlfioete of the 

clerk of the court in which such services were 

performed, showlnC- the record of such election 

or appointment end strvIces, 5d accompanied 

by the sworn account of such :udy_e sliming. the 

nunber of days, ectually served by him as such 

special judge." 

It will be noted that Artlole 6821, supra, provides 

oompensatlon for s?eclal district judges, who ere appointed by 

the Governor, or elected, or agreed upon. There is no such 

provision for paying special oounty judges In the above article. 

Artlole 1933, supre, provides oompensatlon for speolal county 
.- 

387 

. '. 

aon. I. Predeokl, Page 13 

j0ages appointed or agrerd upon, but does not mention or proTl4e oompcnsatlon for speolal ooudy judges who are eleoted by 

the bar as euthorlzod by Artiole 1934, supra. 

The above mentioned statutes, In both the Code oi 

&idnal Prooedure and the Civil Statutes, prwldlng oompensation rtx speolsl oounty judges, apparently apply in oaacs where 

tha regular oounty judge Is oompensated on a tee basis. The 

regular oounty judge 0r Gliteston County Is ocunpensets4 on an 

snnual salary baslr. Seotlon 4, Artlolr 39120, provides In 

arreot thst whom thr oounty ofilolals are oompensated on an 

snnual salary basls It shall br the duty or all oitloera to 

ahargo and oolleot in the mnner ruthorlzed by law all rers en4 

samlesIons whloh rrr permitted by law to be assessed an4 oolleot04 ror all oftidal aerrlors perfOrms by them. As and when suoh 

revs are oolleoted they shall be deposited In the Offloors’ Salary 

run4 or runds provided in the Aot. We hare bern unable to rlnd 

a4 Statute providing e.ompensatlon ra speolal oounty judgeseening ln that oapaolty in oountles where the regular oounty ju4ge 

1s oompensated. on an annual salary barls. 

It la a well settled law that statutes presoribing fees 

ror pub110 ofrloeis are strlotly oonstrued;~snd henoe a right to 

rees may not rest In lmplloatlon. (Tax. Jur. Vol. 34, p. 508; 

MoCalla v. Clty of Rookdale, 

son, 244 S. W. 807). 

246 S. W, 654; B&or4 v. RoblnAd ofrloer n~3y -not~olalin or reeoh any money wlthout~ 

a law authorizing him to ‘do so, and olearly flxlng the amount 

to whloh he Is entItled. (Tex. Jur., Vol. 34, 

v. Robinson, 244 5. PI. 807; MoLennan County 1. 

&5;;; -34 

S. W. 347; Duolos 1. Harris County, 291 S. VI. 611, arrirmeb 

298 s. w. 417). 

As above stated, we hare found no stdtute authorlzing the peyment of oompenaetlon to 8 special county judge 

in a county where the regular county judge Is oompenseted or. 

an annual salary basis. Therefore, in dew Of the absence of 

such statutory authority, we are of the opinion that no compensation is provided for a speoial county judge in counties 

where the rsgular county judge is oompensated on an annual 

salary basis. 

Our Opinion Nos. O-722, O-1234 and O-1529 are hereby expressly overruled in so far as they conflict vilth this 

opinion. 

Trusting that the foregoing fully answers your inqulry, we are 

A:::R9 :jrb 

Yours very truly 

A’PTORNXY GiWflAL OF TEXAS 

mIs Opinion 

and approve4 

By /a/ Ardell Williams 

Considered Assistant 

in limited conferenoe