1. Is the compensation of the Chief 

Probation Officer. in Galveston County governed by the provisions of SenaterBill 92, 

Acts 51st Leg., R.S. 1949, ch.320, p.601. 

2. Is the Chief Probation'.Officer of :- 

Galveston Count 

of subdivision s 

included in the Rrovisions 

b) of Section.62 ~of,Article 

YVI of the Constitution of.Texasproviding 

for a 'Retirement, Msability and Death ~Compensation Fund for the appointive officers 

and employees of the county.' 

Senate Bill 92, Acts 5% Leg,, R-S. 1949, ch. 

320, p.601, provides in part: 

*The Commissioners Court in eatih county 

of this State is hereby authorieed,,vrben in 

their judgment the financial condition of the 

county and the needsof the officer justify 

the increase, to enter an order.increasing 

the compensation of the precinct, couuty and 

distriot officers, or either of them, in an 

additional amouut not to exceed twenty-five 

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

law for the fiscal year of 1948:whether paid 

on fee or salary basis; provided, however; 

the members of the Commissioners Court may 

not raise the salaries of any of such Commissioners Court under the terms of this Act 

without raising the salary of the remaining 

county officials in like proportion." (Emphasis added throughout) 

Hon.RaymondE.Magee OpSnion Ro. V-1063 

County Attorney 

Galveston County Rex 'Compensation of Chief 

Galveston, Texas Probatim Officer in 

Galveston County and 

Bear sir: related questions. 

You have requested our opinion on the folloving questions: 
502 

Hon. Raymond E. Magee, page 2 (V-UX3) 

Under the provisicus of Senate Bill 92 the Cornmissioners' Court would only be alloved to raise the con+ 

pensation of its county officers in an amount not to 

exceed twenty-five per cent of the sum alloved under the 

laws for the fiscal year of 1948. It vas held, hovever, 

in Attorney ffeneral's Opinion Ro. V$l5 that the compensation of a juvenile officer or probation officer in 

counties of 190,000 inhabitants-or less is governed by 

the provisions of House Bill 54, Acts 51st leg., R.S. 

1949, ch.538, p.655, which provides in part: 

.a The Conmissioners Courts of all couuties in which Juvenile Officers or Probation 

Officers, or their assistants, are employed 

under existing laws of this State, shall 

fix the salaries to be paid such Juvenile 

Officersor Probation Officers and their-.assistants, and provide for their expenses, 

-.vithout limitation. P??ovided;,ttit-$n COMties where there is a Juvenile Board, said 

.Board shall recommend the~salaxg to.be paid 

to such Juvenile Officer or Probation Officer' 

and their aSSista&s, which salary shall be 

approved by the Conmissioners Court; and provided, furtheri'that no Juvenile.,.~fficer or 

Probation Officer, or their assistants; shall 

be paid a salary less than that nov provided 

by existing laws. The Comissiouers Court 

is authorized in its discretion to furnish 

such Juvenile Officers or Probatiou.OffiOers 

an aut~obile and provide an allovance for' 

the expense of operating the same. The provisions of this Act shall not apply to those 

counties whose population exceeds one bundved and ninety thousand (190,000) accord+ 

to the last or any future Federal Census. 

Since Galveston county has a population of 81,- 

173 inhabitants according to the last preceding Federal 

Census, the compensation of the Chief Probation Officer 

of ffalveston County is governed by the provisions of 

House Bill 54. Under the terms of House Bill 54 the 

Commissioners* Court is not limited as to thelilaximipn 

amouut of ooupensation to be paid such officer. Therefore, itis. our opinion that the Connaissiouers' Court 

in fixing the compensation of the Chief Probation Officer of Galveston County is not limited to the tventyfive per cent increase authorized'uuder Senate Bill 92 

of the 51st Legislature, but it may fix the sala of 

the Chief Probation Officer "without limitation, for 
Ron. Raymond E. k&gee, page 3. (v-1063) 

Senate Bill 92 has no application' t&the salary to be 

paid to~the Chief Probation Officerof Galveston County. 

sion 

tion 

Your second question is determined by subdivi- 

(b) of Sectian 62 of Article XVI of the Constitaof Texas which provides: 

"(b) Each couuty shall have the right 

to provide for and administer a~Retirement, 

Msability and Death Compensation Fund for 

the atiointive officers and employees fi 

county; provided same is authoriaed by 

jority vote of the qualified voters of %zzcounty and after such election has been advertised by being published in at least one 

nevfqaper of general circulatiCm in said county once each veek for four consecutive weeks; 

provided that the amount contributed by the 

aounty to such Fund shall equal the amount 

paid for the same purpose for the income of 

each such person, and shall not exceed atany 

time five per centum (56) of the ecmpensaticg paid to each such person by the county, 

and shall in no cne year exceed‘thestm'of 

One Rundred and RightyJDollars (4180) for any 

such person. 

=All.funds provided for the'compensation 

'of'each suoh person, or by the ooijjlty, for 

such Retirement, Disability and Death.Compensation Fund, as are received by the county, 

shall be invested in bonds-of the United 

States, the State of-Texas, or counties or 

cities of this State, or in bonds-issued by 

any agency of the United States~Government, 

the payment of the principal of and interest 

on vhlcb is guaranteed by the.United States, 

provided that a sufficient amour& of said 

funds shall be kept on hand to meet the immediate payment of the amount likely to become due each year out of said Fuud, such 

amount of funds to be kept on hand to be determined by the agency vhich may be provided 

by law to administer said Fund; and.provided 

that the recipients of benefits from said Fund 

shall not be eligible for any other pension 

retirement funds or direct aid from the State 

of Texas, unless the Fund, the creation of 
Ron. Raymond E. Nagee, page 4 (v-1063) 

vhich is provided for herein,, contributed by 

the county, is released to'the State of Texas 

as a condition to receiving such other pension aid." 

"Public Office" is defined-in Ccnmui6sioners 

Court of Limestone County v. Garrett, 236 S,W. 970, 972 

‘(Convn.App.1922) as follows: 

"'Public office is the right, .authority, 

and duty created and conferred by law by which, 

for a given period either fixed by law or enduring at the pleasure of the creating power, 

an individual is invested with some.portion of 

the sovereign functions of the government to 

be exercised by him for the benefit of the public. ~The correctness of this definition is nowhere questioned,.so far as we know, and it is 

useless to add supporting authorities.~. Kimbrough v. Rarnett, 92 Tex. 310, 55 S.W. 122.' 

In Attorney General Opinion lVo.~O-lOq3, dated 

July 31, 1939, It vas held that a county juvenile or probation officer Is a civi-1 officer of emolument.within the 

meaning of Section 40 of Article XVI of the Constitution 

of 'Texas~. which prohibits a 'person-from holding more than 

one civii‘office of emolumen e at the same time. 

Since the Chief Probation Officer is a~county 

officer appointed in accordance with the provisions of 

Article 5142, it is our opinion that the Chief Probation 

Officer of Galveston County is en appointive officer of 

the county within the meaning of subdivision (b) of Section 62 of Article XPI of the Constitution of Texas. Re 

Is therefore eligible to participate in the;"Retlrement, 

Disability, and Death Compensation~Fund* provided for 

,therei.n. 

S-Y 

The compensation of a juvenile .or probation officer in Galveston County is~governed 

by the provisions of Rouse Bill 54, Acts 51st 

.m*, R.S. 1949, ch.338, p.653; and.the~ Commissioners* Court in fixing the compensation 

of such officer is not limitedss'to max%mum 

by the provisions of Senate Bill 92, Acts 51st 

Leg.9 B.S. 1949, ch.320, p.601; A:G.~Opinion 

Ho. v-915. A county juvenile or pobatlon 
c - 

Hon. Raynmd E. Magee, page !j (V-1%3) 

officer, being an appointive county officer, 

is eligible to the benefits of'the~ ‘Retirement, Msabllity and Death Corn 

provided for in subdlvisinn fb p" 

nsation Fund," 

--- --.’ of --. Sectlcm 

Constitution of Tex- L -m .liA-A--- n--- 

62 of Artiole XVI of the 

as. Commissioners1 Cow3 0~ LIIPLBL)~OP~ UOUty v. Garrett 236 S l W .* 

&.G. Opini~ 60. O-100$ 

970 (C am.App.19223; 

APPROVED? 

J. C. Davis, Jr. 

county Affairs Division 

Joe Greenhill 

First. Assistant 

Yours very truly, 

PRICE lxHIEL 

Attorney General 

PFice Daniel 

Attorney General 

JR:bh:m