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 onwhether a county commissioners court ina county ofless 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 ofPrecinct 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 1972aconstable was elected from each precinct. Their 1973salaries were set bythe commissioners court at $100per month for the Constable ofPrecinct One, and $10per month for each Constable elected from Precincts Two and Three.

Your question is whether Article 3912k, V. T. C.S., enacted by the 62ndLegislature in 1971, requires the commissioners court to set the 1973salaries of **all three**  constables at anamount not less than the 1972 salary ofthe 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. 1985The 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, butin no event shall such salaries be set lower than they exist at the effective date ofthis **Act.** (emphasis added) The effective date oftheAct 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 ofthe peace and constables. See, for instance, Art: 3912e. $17, V. T. C.S.

This portion of**Art.** 3912k. 51does prohibit the commissioners court from fixing a salary for a constable which is lower thanthe salary which existed onJanuary 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 bylaw.

Before the effective date of**Art.** 3912k. the payment ofconstables’ salaries was controlled byArt. 3912i. butit specified no minimum salary for such offices in counties ofless than 20,000 inhabitants. It did speak to the matter ofunequal salaries, however.

Section 9thereof provided:

Sec. 9. The Commissioners Court shall not be required tofix the salaries in all precincts at qua1 amounts, but shall have discretion to determine the amount of salaries to be paid each Justice ofthe Peace and each Constable in the several precincts onanindividual basis without regard to the salaries paid in other precincts or to other officials
. . . .

p. 1986d
.
The Honorable Gordon H. **Green** page 3 (H-429)

The enactment ofArt. 3912krepealed **Art;** 3912itothe extent that it “prescribes the compensation, office expense, travel expense, or any other allowance” for any official covered byArt. 3912k. butwe do not think theauthority 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