R-29

~THE 

# A ENERAI.

OF TEXAS ;/-

January 27s 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,Set0 11, po 957,Article 3912e, Section,13 (b)and Section 15 (a)pVOA,Cs.S,, for January, 1947,8

to August 31,1947, inclusfve9
Dear Sir:
We aoknowledge your lstt~er of recentdate 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, designatedArtfole 1998District 107 in Vernon’sAnnotated Civil Statutes, second paragraph of Seotfon 4 reads: “The CountyAttorneys of Willacy and Cameron Counties shallp respeotfvelgsfrom and after the effective date of this Act, representthe State of Texas in all matters now handled by the abovementioned CriminalDistrict Court within said reapective Co.untg.”
In 1940 Cameron County haa a population of 83,202, andWillaoy 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'sDepartment has been paying the apportionmentappropriation to 33 counties under provfsfon of Article 3912e,Section 13(b),FJ0I-i. George H. Sheppard, Page 2 /-

Vernon'sAnnotated Civil Statutes. Willaog and Cameron Counties will be eligible for this sppsra tionment effectiveJanuary 1, 1947.
I call your attention to Acts 1945, 49th Legislature,Appropriation--Judiciary,that part designated,Judiciary Section--Comptroller~aDepartment,Section 11, at page 957,whiob provides an apportionment appropriation "(for thirtydthres counties in 1940, as per subsectionB, Section 13# Chapter 465, Acts 44th Legislature)an Willacy anal Cameron Countieswill make a total of thirty-five counties eligible under this apportionment, Question: Is there any appropriationavailable for apportioningmonies to these two counties in accordancewith 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'sDepartment, 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 accordancewith 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 

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15, Article 3912e,V,A.C.S., read identicallyas : "The compensationof a criminal district attorney or county attorneyperforming the duties of district attorney, togetherwith 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 performingthe duties of a district attorney, togetherwith 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 criminalDistrict 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 JudioialDistrict of Texas,and shall have concurrent jurisdictionwith the 103rd JldfoieL Blstrict Court within said two counties0 (Section1, House Bill 57410 The constitutionalityof said H. B. 574was (2) 3*soupheld in U%sterv%lt v. Yatesp Sup* Ct,, 194 8+W.

Subsection 4 of Section 1, HouseBill 574, recorded in V.A.C.S. aa Article 199, 107--Willaoyand 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 thisAct, and sh%ll theno%- forth be known as the District Attorney for the 28th JudicialDistrict 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, anaKeneily, said ifrice t% be voted upon by the quellflea voters of said three named Counties only, *The CountyAttorneys 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 CrimiIulDistriot 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%oyand C%aierOns Section 7,'

as amended, provides a8 rollfwi8: "1x1 any County which is sitn%tea within.tuo(2) J~dioial Districts and inwhich the OouatyAttom)-; or such County is performing the duties of a District Attorney,as well as those of a CountyAttorney, and inwhich 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-sixthLegislature,Special Laws) page 608, srct~ion 1, of any such County is hereb the CommissionersCourt discretion, to authorized, at their
fornina such du ies

tay to such Eounty Attorney so perof District Attorner.a.8compensat&, over and above the salarywhich such CountyAttopney draws as CountyAttorney, ,asum not to exceed the amount of Twelve Humdred Dollars ($1200)per annum, such additional compensation to be paid in twelra(l2f equalmonthly 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 theAct; and furs ther, both Willacy and Cameron Counties are situated within two judicialdistrictst~thal!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 apportionmentpayment from the State into the County Officers Salary Fund of the respective counties of an amount determined in accordancewith the method of calculation therein set outs provided there is a specific apport%onment appropriationmade by the Legislature for the paymen+ of such ah meant* Article VIII, Section 6, Constitution of Texas*

The General AppropriationBill, Acts 1945, 49th Legislature, Regular Session, Appropriation--Judiciary, Judiciary Section--ComptrollerVsDepartment) Section 11, at page 957 and 958 providesas follows: For the Years Ending August 31, August 31, vdpportionmentto countieswhere 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-ssctionB, set- : tion 13, Chapter 462!ActsJortyfourth Legfslature)O............... $146,429,00 $146,429,00”:, I

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._ Eon. George H. Sheppard, FaEe 5 

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Ho. This department inAttorney 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 appropriationmade by the Legislature in Section 11 of the AppropriationBill, 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 en

### titlisd under prtW.slons of Article 3912a, Saction 13 or Saatlon 15, l8 an,nuoQrtionm*BtQpDSOpr$atlOn P9ri. srl8d be&e&i- tMIaXy L, 1949, aNI endtagA

This Department's answer, 

### thweO?re, to‘yoaT inquiry is that there is no appropriation provided or. aVailable under the Acts of 1945 for apportioningmonies to Willacy and Cameron Counties in aecerdancewith and under the provisions of Artiole 3912e, Section 13(b), S~ection15 (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 appoljionmentpayment to 

### eaoh coantyr The :: 1, 1I4 propriationAbts of the 

### 49th Legislature, ,Acts 5, howaver, make no appropriation or provision 1Or their payment.
Yours very truly 

### ATI’ORIUIR

GBWlUUL

OFTZSAS

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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