1. Is the compensationof the Chief ProbationOfficer.

in GalvestonCounty governed by the provisions of SenaterBill92, Acts 51st Leg., R.S. 1949, ch.320, p.601.

2. Is the Chief Probation'.Officer of :- Galveston Count of subdivisions included in the Rrovisions

b) of Section.62

~of,Article YVI of the Constitutionof.Texasproviding for a 'Retirement, Msability and Death ~CompensationFund 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 judgmentthe financial condition of the county and the needsof the officer justify the increase,to enter an order.increasing the compensationof the precinct, couuty and distriot officers, or either of them, in an additionalamouut 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 salarybasis; provided,however; the members of the Commissioners Court may not raise the salaries of any of such CommissionersCourt under the terms of this Act without raising the salary of the remaining county officialsin 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 GalvestonCounty 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 provisicusof 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 Attorneyffeneral's Opinion Ro. V$l5 that the compensation of a juvenileofficer or probation officer in counties of 190,000 inhabitants-or less is governedby the provisionsof 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 existinglaws of this State, shall fix the salariesto be paid such Juvenile Officersor ProbationOfficersand their-.assistants,and provide for their expenses, -.vithout

limitation.

P??ovided;,ttit-$n

COMties where there is a Juvenile Board, said .Board shall recommendthe~salaxgto.be paid to such JuvenileOfficer or Probation Officer' and their aSSista&s, which salary shall be approvedby the Conmissioners Court; and provided, furtheri'that no Juvenile.,.~fficer or ProbationOfficer, or their assistants;shall be paid a salary less than that nov provided by existing laws. The Comissiouers Court is authorizedin its discretion to furnish such Juvenile Officers or Probatiou.OffiOers

an aut~obile and provide an allovance for' the expense of operatingthe same. The provisions of this Act shall not apply to those countieswhose population exceeds one bundved and ninety thousand (190,000)accord+ to the last or any future Federal Census.

Since Galvestoncounty has a populationof 81,- 173 inhabitants

accordingto the last precedingFederal Census, the compensation of the Chief ProbationOfficer of ffalveston

County is governed by the provisionsof 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 compensationof the Chief ProbationOfficer of GalvestonCounty is not limited to the tventyfive per cent increaseauthorized'uuder Senate Bill 92 of the 51st Legislature, but it may fix the sala of the Chief ProbationOfficer "without limitation, forRon. Raymond E. k&gee, page 3. (v-1063)

Senate Bill 92 has no application' t&the salary to be paid to~the Chief ProbationOfficerof GalvestonCounty.

sion tion Your second question is determinedby 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 administera~Retirement, Msability and Death Compensation Fund for the atiointiveofficers**and** employees fi county;provided same is authoriaedby jorityvote of the qualified**voters** of %zzcounty and after such electionhas been advertisedby being published in at least one **nevfqaper** of general circulatiCmin 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,Disabilityand Death.Compensation Fund, as are receivedby 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 guaranteedby the.UnitedStates, provided that a sufficientamour& 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 determinedby 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 retirementfunds or direct aid from the State of Texas, unless the Fund, the creation ofRon. 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 conditionto receiving such other pension aid."

"Public Office" is defined-inCcnmui6sioners Court of LimestoneCounty v. Garrett, 236 S,W. 970, 972 ‘(Convn.App.1922)

as follows:

"'Public office is the right, .authority, and duty createdand conferredby law by which, for a given period either fixed by law or enduring at the pleasure of the creatingpower,
an individualis investedwith some.portion of the sovereignfunctionsof the governmentto be exercisedby him for the benefit of the public. ~Thecorrectness of this definitionis nowhere questioned,.so far as we know, and it is useless to add supportingauthorities.~.Kimbrough v. Rarnett, 92 Tex. 310, 55 S.W. 122.'

In AttorneyGeneral Opinion lVo.~O-lOq3, dated July 31, 1939, It vas held that a county juvenileor probation officer Is a civi-1 officer of emolument.within the meaning of Section 40 of Article XVI of the Constitution of 'Texas~.

which prohibitsa 'person-from holdingmore than
one civii‘office

of emolumen

e at the same time.

Since the Chief ProbationOfficer is a~county officer appointed in accordance with the provisionsof Article 5142, it is our opinion that the Chief Probation Officer of GalvestonCounty is en appointiveofficer of the countywithin the meaning of subdivision (b) of Section 62 of Article XPI of the Constitutionof Texas. Re Is thereforeeligible to participatein the;"Retlrement, Disability,

and Death Compensation~Fund* provided for ,therei.n.

S-Y

The compensationof a juvenile .orprobation officer in GalvestonCounty 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 provisionsof Senate Bill 92, Acts 51st Leg.9 B.S. 1949, ch.320,p.601; A:G.~Opinion Ho. v-915. A county juvenile or pobatlonc -

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

officer,being an appointivecounty officer, is eligible to the benefits of'the~‘Retirement, Msabllity and Death Corn provided for in subdlvisinnfb p" nsation Fund," of Sectlcm

--- --.’ --. Constitutionof Tex- L -m .liA-A---n--- 62 of Artiole XVI of the

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

PFice Daniel Attorney General

JR:bh:m