TEE,~?~?OIRNEY GENERAL 

OFTEXAS 

AUSTIN 11. TEXAS+ 

WILL WILSON 

A’LTOLRNEY GSNE2HAL August 14, 1957 

Honorable Henry Wade Opinion No, WW-220, 

Crfminal District Attorney 

Records Building Re: Authority of CommissionDallas County ers' Court to pay Clerk 

Dallas, Texas of the Court of Civil 

Appeals for servfces as 

Custodian of the Court- 

. room9 Judge's Chambers 

and Library of the Court 

Dear Mr. Wade: of CSvil Appeals, 

Your Opinion Request of July 2qp 1957, presents the 

following question2 

"Do the statutes permit the Commfssfoners 

Court to appropriate, out of the County"s General Fund, an amount not exceeding $5'OQO0 per 

month to the Clerk of the Court of Civil Appeals as additional compensation for his services as Custodian of the Court Room, Judges 

Chambers and Library of such Court of CfviP 

Appeais?" 

provides: 

Artfcle 1056a, Vernon"s Code of Criminal Procedure, 

"That the Commissioners court of any county, 

having a population of 210,000 or more, in which 

is located a Court of Civil Appeals having its 

quarters in the County Court House, is authorized 

to pay out of its General Fund, not exceeding 

fifty dollars per month, to the Bailiff of such 

Court of Civil Appeals, or other employee of 

safd Court designated by It, as additional csmpensation for his services as Custodian of ,the 

Court Room, Judges Chambers and Library of such 

Court of Civil Appeals," 

Moore v. Sheppard, 144 Tex, 537B 192 S0W,2d 559 

(1946) states at page 560: 

"The Clerks of the Courts of Civil Appeals 

are not entitled to receive extra compensation 
Honorable Henry Wade, page 2 (~~-220) 

for servfces performed within the scope of 

their official duties prescribed by law. 0 . 011 

Article 1832, Vernon's Civil Statutes, dealing with 

the Clerk of the Court of Civil Appeals, provides: 

"Each clerk shall be lfbrarfan fn charge 

of the library of his court, and shall take 

charge of, keep in good order and make catalogs of the books theresf,lr 

By Article 1832, VernOnus Cfvil Statutes, the Clerk 

of the Court of Civil Appeals is charged with custodial duties 

in the Lfbrary of the Court of Civil Appeals, The Clerk may 

not receive any extra csmpensatPsn for the performance 6f these 

duties with whfch he Is charged. 

Since the performance by the Clerk of the Court of 

Cfvfl Appeals of the duties of Custodian of the Courtroom and 

of the Judge's Chambers would not be incompatible with the performance of the Clerk's regular duties the Commissioners 

Court is authorized to pay the sum of hjQOOO per month to the 

Clerk of the Court of Cfvi~P Appeals for the performance of this 

additional work, provided, of course, that the Court of Civil 

Appeals, pursuant to Article nCj8a, has designated the Clerk 

as the one to receive this additional compensation, 

Senate Bi14 No, 58, Acts 55th Legislature, Regular 

Session, 1957, ch. 4, p0 5a provides: 

"Section I0 The salaries of all state offfcers and all state emplsyees, except the salaries 

of the District Judges and other compensation of 

District Judges, shall be for the period beginning 

September 1, 1957 and ending August 31, 1959 in 

such sums or amounts as may be provided for by the 

Legislature in the general appropriations Act, It 

is specifically declared to be one of the fntents 

hereof that the Legislature shall also fix the 

amount of supplemental salaries hereafter, out of 

court fees and receipts, ,ts be paid .ts the clerks 

and other employees of the Courts of Civil Appeals, 

the Supreme Court and the C0ur.t of Criminal Appeals, 

"Sec. 2, All laws and parts of laws fixing 

the salaries of a%P state officers and employees, 

except the salaries of the Dis,trict Judges and 

other compensation of District Judges, are hereby 
c - 

Honorable Henry Wade, page 3 (ww-220) 

specifically suspended insofar as they are in 

conflict with this Act. It is specifically 

declared to be one of the Intents hereof that 

any and all laws authorizing payment of supplemental salaries from court receipts and fees to 

clerks and other employees of the Courts of 

Civil Appeals, the Supreme Court, and the Court 

of Criminal Appeals, are suspended f,nssfar as 

they are in conflict with this Act, 

This Act is the same as one that has been passed for a number 

of years, Additional compensation from the Csmmfssioners~ Court 

is not included as "salarfesvv under this Act, 

SUIWARY 

The Commissioners' Court is authorized to 

pay the sum of $50.00 per month to the Clerk of 

the Court of Civil Appeals for the performance 

by the Clerk of the duties of custodian of the 

Courtroom and Judge's Chambers of the Court of 

Civil Appeals. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JRL:jlrwb 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, Chairman 

C. K, Richards 

F. C. (Jack) Goodman 

John R. Lennan 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Geo. P, Blackburn 

.