October 22, 1974 

The Honorable Gordon H. Green 

Bailey County Attorney 

P. 0. Box 611 

Muleshoc, Texas 79347 

Opinion No. H- 429 

Flc: Whether a commissioners’ 

court is required to ret equal 

salaries for all constables 

within the county. 

Dear Mr. Green: 

You have asked our opinion on whether a county commissioners court 

in a county of less than 20,000 inhabitants, is required to set equal salaries 

‘for constables elected from different precincts. 

On January 1, 1972, the salary for the Constable of Precinct One, 

was fixed by the commissioners court at $100.00 per month. At that time 

there were no constables serving Precincts Two and Three, and conaequently, no salary was set for the constable in either precinct. 

At the General Election in 1972 a constable was elected from each 

precinct. Their 1973 salaries were set by the commissioners court at 

$100 per month for the Constable of Precinct One, and $10 per month for 

each Constable elected from Precincts Two and Three. 

Your question is whether Article 3912k, V. T. C. S., enacted by the 

62nd Legislature in 1971, requires the commissioners court to set the 

1973 salaries of all three constables at an amount not less than the 1972 

salary of the constable who served Precinct One during 1972. 

Article 39l2k provides, in part: 

. . . the commissioners court of each county shall 

fix the amount of compensation, office expense, 

p. 1985 
The Honorable Gordon H. Green page 2 (H-429) 

travel expense, and all other allowances for county 

and precinct officials and employees who are paid 

wholly from county funds, but in no event shall such 

salaries be set lower than they exist at the effective 

date of this Act. (emphasis added) 

The effective date of the Act was January 1, 1972, $9. Art. 3912k. 

V. T. C. S. Although the Act does not define “county and precinct officials 

and employees, ” the term “precinct officials” customarily refers to 

justices of the peace and constables. See, for instance, Art: 3912e. $17, 

V. T. C. S. 

This portion of Art. 3912k. 5 1 does prohibit the commissioners 

court from fixing a salary for a constable which is lower than the salary 

which existed on January 1, 1972, but it does not require that qua1 

salaries be fixed for all constables, nor in our opinion does it prescribe 

a minimum salary for a precinct official if no-salary was fixed for such 

office on January 1, 1972, and no minimum salary for it was previously 

required by law. 

Before the effective date of Art. 3912k. the payment of constables’ 

salaries was controlled by Art. 3912i. but it specified no minimum salary 

for such offices in counties of less than 20,000 inhabitants. It did 

speak to the matter of unequal salaries, however. 

Section 9 thereof provided: 

Sec. 9. The Commissioners Court shall not be 

required to fix the salaries in all precincts at 

qua1 amounts, but shall have discretion to determine the amount of salaries to be paid each Justice 

of the Peace and each Constable in the several 

precincts on an individual basis without regard to 

the salaries paid in other precincts or to other 

officials . . . . 

p. 1986 
d . 

The Honorable Gordon H. Green page 3 (H-429) 

The enactment of Art. 3912k repealed Art; 3912i to the extent that 

it “prescribes the compensation, office expense, travel expense, or 

any other allowance” for any official covered by Art. 3912k. but we do 

not think the authority of the commissioners court to reasonably prescribe 

unequal salaries to constables has been altered. 

SUMMARY 

It is not illegal for commissioners courts to 

reasonably prescribe different salaries for the 

constables of the separate county precincts. 

Very truly yours, 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1987