THEATTORNEY GENERAL 

OF TEXAS 

Honorable R. F. Robinson 

County Attorney 

Willacy County 

Raymondvllle, Texas 

Dear Mr. Robinson: 

Opinion No. O-7419 

Re: Construction of Senate Bill MO. 123 

of the 49th Legislature as to its 

applicability to County Clerk, under 

the facts stated. 

We beg to acknowledge receipt of your request for an 

opinion upon the above-captioned subject matter, your letter 

being as folllows: 

"I would like your opinion at your earliest aonvenience on the question as to whether er net the authorized 

increase in salary to County offlolels In en smount not to 

esseed 23% would be applicable to the amount eutherized te 

be paid to the County Clerk for keeping the Finance Ledger 

of the County. 

"The Commissioners* Court of Wlllacy County has passed 

an order increasing such salary for the keeping of the 

Ffnanc Ledger, provided the same sheuld be considered 

lawful. 

"I feel sure that this matter has probably been brought 

to your attention before this time and that yeu will be ab$e 

to fu,rnish us with your opinion within a very short time. 

Senate Bill No. 123 emended fht fellewIng Articles of 

the Revised CSvll Statutes, making them to read as follows:~ 

"Artl.cle 38%: "(a) The Commissloners'Court is hereby 

authorized, when in their judgment the financial condition 

of the county and the needs of the officers justify the 

imrease, to enter an order increasing the compensation of 

the prezlnct, county and district officers in an additional 

amount not to exceed twenty-five (25%) per cent of the sum 

allowed under the law for the fiscal year of 1944, provided 
. . 

c 

Honorable R. F. Robinson, page 2 (o-7419) 

the total cempensation authmized under the law for the 

flsoal year of 1944 did not exceed the sum of Thirty-s%x 

Hundred ($3600.00) Dollars.” 

Artiole 3902 t “9. The Cemlssloners Ceurt is hereby 

authorized, when in their judgnient the finanolal oendition 

sf the oounty and the needs ef the deputies, assistants 

end olerks o? any distriat, oeunty w precinot eflicer 

justify the inoreeoe, to enter en erder lnoreeslag the 

oompsnsetion of such deputy, assistant er clerk in an 

additional emmnt not to exoeed twenty-five (25%) per cent 

of the mm ellQwed under the law for the flsoal year of 

1944, provided the tats1 ooapensetlon autherlced under the 

law for the fiioal year ef 1944 did not exoeed Thirty-six 

Hundred ($3600.00) Dollars." 

Artiole 3912e, Seb. 13: “(e) The Cemmlaslmners Court 

io hereby authorleed, when in their judgment the flnanalal 

omdltbn of' the oetmty and the needs o? tha efiioers jwetify the inoreaoe, to enter an order inoreaslng the oompo~iclattion of the prrolnot oounty and dirtrlot effioecs in en 

additional amunt nok to exooed twenty-iivo (25s) per aant 

Of tho aunt allonod undor the law iOr tho fIllor yew of 

1944, provided tho t&al oo~onoatlcn autherlrod under the 

law for the ilaoal 44 did not rxaood the sum mT 

Thirty-61x Hundred 7 Dollarr.” 

Tho rmr~grnay olaurr Is a8 rrllcwnt 

"The feOt that thr Oost @i l%ving IO rioing and the 

pu~oharlng powrr of the dellar Ir drorra#lng, and that 

nagor and 6alerxlrr in prlvatr indurtry have inorrarrd te an 

extmnt that publ3.o olflorrr and ompleyorr oontiauo in their 

off%oar at a raorlfior %n meny InrtanorrJ and the further 

faot @f thr orowdrd o@ndltl@n Of thr oalrndar WOatIO kn 

OAIF 

f 

enoy and an imprratlvr publio nrorrrlty &hat thr 

Cow itutlonal Rule rrqulrlnp P$Jlr to br read @n thrro 

rrvrral day@ in raoh Hourr br rwpendrd and raid~‘Rule 18 

hrrrby ruoprnddrd ad Chir Aot @hall tab l r'rOt amd be 

roror rrawn and abar itm pamaga, and 16 JLI oo maotad.” 

in 

Eaoh rf thr artLolrr ad root%onr thum amrnddrd authori,zem thr twenty-fivr prrornt addlCUna1 Fount or oomponratL@n tQ 

praoinot oounty and dirtriot oiliorrr. 

lnoludos hhr County Clerk. 

Undoubtedly thi8 

Smetr Bill No. 123, auth6rleing suoh lnoreaso or 
Hmomble Il. F. Robinson, page 3 (O-7419) 

. 

cscmpens3tfon. to the officers coming within its scope, makes no 

dis'tfoztion as to the character 0f services performed by such 

offl.cero pan3 the increase is nst allewed for any partloular class 

of" serviae, but is an overall increase in the cempensation hitherto allcwed to sush officers. 

Perhaps the confusion glvlng rise te your spealflc 

mention of keeping the finance ledger grows out of the faot that 

ArtloSe S43 of the Revised Civil Statutes, Vernbn's codiflcatlsn, 

provides sper~Iff~3al2.y for a compensatlsn for that particular 

3ervfce. 

However, Section 3 of Article 3912e forbids the extra 

compensation in your county in the following emphatic language: 

"In all cases where the COmmisslonersl court shall have 

determined that aounty officers or precinct afficers in such 

county shall be compensated for their services by the payment 

of arzual saSary, neither the State ef Texas nor any county 

shall be charged with w pay to any 0f the officers so 

compensated, any fee or commission for the performance of ary 

or a91 of the duties of their offices, but such officers shall 

rew&ve said salary in lieu of other fees, commissions or 

~:omper:sa%3ons which they would otherwise be authorized to 

retaq,pL; ++ + +. " 

We t:xx:t that what we have said sufficiently answers 

gclu7 i,nqu h?y 0 

APPROVED OCTOBER 4, 1946 

Very truly yours 

ATTOREEY OENERAL OF TEXAS 

/f&i (>~p<i,v,$~ Sellers 

/S/ Ode Speer 

A.TTOR?JEX GENERAL OF TEXAS 

Ocle Speer 

OS-MR.-AMN Assistant 

APPROVED 

Oplnlon 

Committee 

By /S/ BWB 

Chairman