R-29 

~THE A ENERAI. 

OF TEXAS 

;/- 

January 27 s 1947 

Honorable George H. Sheppard 

ComDtroller of Public Accounts 

Au&in, Texas Opinion No0 v-29 

Ret Apportionment appropriation, 

availability of for Cameron 

ana Willacp Counties under 

Acts 1945, 49th Leg,, R.S. s 

Judiciary-Appropriation, Set 0 

11, po 957, Article 3912e, 

Section,13 (b) and Section 

15 (a) p VOA,Cs.S,, for January, 1947,8 to August 31,1947, 

inclus fve 9 

Dear Sir: 

We aoknowledge your lstt~er of recent date requesting an opinion from this Department on the subjeot 

matter therein set outs in substance, as follows: 

Under Acts 1945, 49th Legislature, House Bill 

574, at page 472, designated Artfole 199 8 District 

107 in Vernon’s Annotated Civil Statutes, second 

paragraph of Seotfon 4 reads: 

“The County Attorneys of Willacy and Cameron 

Counties shall p respeotfvelgs from and after the 

effective date of this Act, represent the State of 

Texas in all matters now handled by the above mentioned Criminal District Court within said reapective Co.untg.” 

In 1940 Cameron County haa a population of 

83,202, and Willaoy County a population of 13,030, 

In both counties, county officers are pafa on a 

salary basfs~@ 

For the perfoa September 1, 1946, to December 

31, 1946, the first four months of the current State 

fiscal year, the Comptroller's Department has been 

paying the apportionment appropriation to 33 counties under provfsfon of Article 3912e,Section 13(b), 
FJ0I-i. George H. Sheppard, Page 2 /- 

Vernon's Annotated Civil Statutes. Willaog and 

Cameron Counties will be eligible for this sppsra 

tionment effective January 1, 1947. 

I call your attention to Acts 1945, 49th 

Legislature, Appropriation--Judiciary, that part 

designated, Judiciary Section--Comptroller~a Department, Section 11, at page 957, whiob provides 

an apportionment appropriation "(for thirtydthres 

counties in 1940, as per subsection B, Section 13# 

Chapter 465, Acts 44th Legislature) an Willacy anal 

Cameron Counties will make a total of thirty-five 

counties eligible under this apportionment, 

Question: Is there any appropriation available 

for apportioning monies to these two counties in 

accordance with and under the provisions of Article 

3912e, Section 13(b), Section 15(a), VernonTs Annotated Civil Statutes and Acts 1945, 49th Legislature, Appropriation--Juaioirry, Judiciary Section-- 

Comptroller's Department, Seotion 11, page 957? 

Article 3912e, Section 13, V.A.C.S., authorizes 

the Commissioners' court in counties having a population 

of 20,000 inhabitants or more, and less than 190,000 according to the last preceding Feaeral Census, to fix the 

salaries of all the county Officers neuned therein in accordance with the provisions therein set out, among which 

officers is designated the county attorney. Article 

3912e, Section 15, places like authority in the Commissioners' Court of counties having a population of less 

than 20,000 inhabitants. 

Subsection (b) of Section 13 and subsection (al 0r 

",;;",tx;; 15, Article 3912e, V,A.C.S., read identically as 

: 

"The compensation of a criminal district 

attorney or county attorney performing the duties 

of district attorney, together with the compensation of his assistants, shall be paid out 0r the 

County Officers' Salary Fund, but the State shall 

'pay into such futi each year an amount equal to a 

sum which bears the same proportion to the total 

salary of such criminal district attorney or county 

attorney performing the duties of a district attorney, together with the salary of his assistants, 

as all felony feeooollectea by such official auring the year of 1935 bear to the total fees collected 

by such official during such year," 
Hon. George H. Sheppard, Page 3 /-~ 

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Aots 1945, 49th Legislature, Regular Session, 

Chapter 300, House Bill 574:, p%ge 472, among other provisions, provides that beginning January 1, 1947, the 

criminal District Court of Nuecea, Klebergs Kenedy,Willacy, and Cameron Counties shall become a District Court, 

shall be composed of the counties of Willaoy and Cameron, 

to be known as the 107th Judioial District of Texas,and 

shall have concurrent jurisdiction with the 103rd JldfoieL Blstrict Court within said two counties0 (Section 1, 

House Bill 57410 The constitutionality of said H. B. 

574 was 

(2) 3*so 

upheld in U%sterv%lt v. Yatesp Sup* Ct,, 194 8+W. 

Subsection 4 of Section 1, House Bill 574, recorded in V.A.C.S. aa Article 199, 107--Willaoy and Cueron, Section 4, 8s amended, reads as follows: 

"liter th% erreotiva date 4r this Act, the 

District Attorney for the Criminal District Court 

far Nueces, Kleberg, Kenedy, Willaay and Cameron 

Counties shall serve the 28th Jadieial PPstrict 

Court as designated by this Act, and sh%ll theno%- 

forth be known as the District Attorney for the 

28th Judicial District of Texas, and at the next 

general election such office shall be fillea by 

the election of a Distriot Attorney for ths elstk 

Judicial District sf Texas for the Counties %f Wueces$ Kleberg, ana Keneily, said ifrice t% be voted 

upon by the quellflea voters of said three named 

Counties only, 

*The County Attorneys of Willaoy and Caneron 

Counties shall, respeotirgly, from and after th%' effective date %f this Act, represent the State of 

Texas in all ratters now h%ndled by the above m%ntioned Distriot Attorney for the above mentioned 

CrimiIul Distriot Court within said respective 

Counties," 

a Subsection 7 0r Seotien 1, House Bill 574:, r%- 

corded in V.A,C,S, as Article 199, 107--Will%oy and C%aierOns Section 7,' as amended, provides a8 rollfwi8: 

"1x1 any County which is sitn%tea within.tuo(2) 

J~dioial Districts and in which the Oouaty Attom)-; 

or such County is performing the duties of a District Attorney, as well as those of a County Attorney, and in which Counties the office of District 

Attorney, or the office of Criminal District Attorney h%s been abolished since the enactment of Section 13, Article 3912-e, Revised Civil Statutes a$ 
Hon. George H. Sheppard, Page 4 , 

Texas, Acts 1939, Forty-sixth Legislature,Special 

Laws) page 608, srct~ion 1, 

of any such County is hereb 

the Commissioners Court 

discretion, to 

authorized, at their 

fornina such du t ies 

ay to such E ounty Attorney so perof District Attorner. a.8 compensat&, over and above the salary which such 

County Attopney draws as County Attorney, ,a sum 

not to exceed the amount of Twelve Humdred Dollars 

($1200) per annum, such additional compensation 

to be paid in twelra(l2f equal monthly fnstalmentsvv 

Perforce the provision of House Bill 574 above 

mentioned, county attorneys of Willacy and Cameron Counties from and after January 1, 1947, shall raprs6ent the 

State of Texas within their respective count$$s iR all 

matters formerly handled by the District Atterney for the 

Criminal District Court mentioned in the Act; and furs 

ther, both Willacy and Cameron Counties are situated 

within two judicial districts t ~tha l!C7th and the 103rd. 

Thus, the compensation of said county attorneys shall 

now be determined, paid, and governe under the appropriate provisions of Article 3912e, Section 13, and 

subsection (b), Section 15, and subsection (a~) thereof, 

Vernon’s Annotated Civil Statutes, as modified by atic 

section 7 of Section 1, House Bill 5740 

under subsection (b) of Section 13 and subaeca 

tion (a) of Section 15, Article 3912e, the counties of 

Willaog and Cameron are entitled to an apportionment payment from the State into the County Officers Salary Fund 

of the respective counties of an amount determined in 

accordance with the method of calculation therein set 

outs provided there is a specific apport%onment appropriation made by the Legislature for the paymen+ of such ah 

meant * Article VIII, Section 6, Constitution of Texas* 

The General Appropriation Bill, Acts 1945, 

49th Legislature, Regular Session, Appropriation--Judiciary, Judiciary Section--ComptrollerVs Department) Section 11, at page 957 and 958 provides as follows: 

For the Years Ending 

August 31, August 31, 

vdpportionment to counties where 1946 1947 

county officers are paid salaries 

and where there is a criminal dfs- .-. 4..r 

trict attorney or county attorney 

performing the duties of district 

attorneyifor thirty-three counties 

in 1940,as per sub-ssction B, set- : 

tion 13, Chapter 462 !Acts Jortyfourth Legfslature)O............... $146,429,00 $146,429,00” 
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Eon. George H. Sheppard, FaEe 5 

r 

Ho. 

This department in Attorney General Opinion 

O-6676 held that thirty-three counties then inclnsire within the provisions of subsection B, Section 13, 

Chapter 465, 44th Legislature, are entitled to the apportionment appropriation made by the Legislature in 

Section 11 of the Appropriation Bill, Acts 1945, above 

quoted. Furthermore, (raid Seotion 11 itself expressly 

limits the payment 05 the appart&ohmeat to thfrty*three 

counties. The Acts ol 1945 reoaal no additional Is&islstite appro~priatiaa authoriziw 8 paymant towilleay 

or Centeron Counties of the smounts to which they are entitlisd under prtW.slons of Article 3912a, Saction 13 or 

Saatlon 15, l 8 an,nuoQrtionm*Bt QpDSOpr$atlOn 

P9ri. 

srl8d be&e&i- tMIaXy L, 1949, aNI endtag A 

This Department's answer, thweO?re, to‘yoaT 

inquiry is that there is no appropriation provided or. 

aVailable under the Acts of 1945 for apportioning monies 

to Willacy and Cameron Counties in aecerdance with and 

under the provisions of Artiole 3912e, Section 13(b), 

S~ection 15 (a), V.A.C.S*, and Aots 1945, 49th Legisl.+ : 

ture, Appropriation--Jtidiclarg, Section 11, page 857. 

,. 

Willacy and Gamenon CountiQe br virtue of ‘the 

provisions of Aots,lS4S, 49th Legislature, Regular 

session, Chapter 300, effectire Janaary 1, 1947, 

some within the provisions of Artiale 3912e, Section 

13(b), and~.,Zjection 15 (a), V,.A.C.S* s authorlzfly e 

State appoljionment payment to eaoh coantyr The :: 

1, 

1 I4 

propriation Abts of the 49th Legislature, ,Acts 

5, howaver, make no appropriation or provision 

1Or their payment. 

Yours very truly 

ATI’ORIUIR GBWlUUL OF TZSAS 

A’t’l%@l?Y GXNE%AL 

CEO:djr:j+b., 

By -.waL.G rL ~, . 

Chaster It. Oilison . .’ 

Assistant 

Approved Opinion. Commi~ttee. " .,' '. 

By BW%,Cha~irman :. 

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