_- ..

THE AYTORNEY GENERAL
OF TEXAS

Honorable Reagan S. Wyche CountyAuditor Gregg County Longview, Texas

Dear Sir: OpinLonNo. O-6580 Re: Authority of CommissFoners'Court oft Gregg County, Texas, under facts stated, to Increase salaries of certain county officers.

Your request for opinion has been received and carefully consideredby this department. We quote from your request as follows:

"Prior to 1940 census~,,Gregg County haa a population of 15,115. After the Salary Bill was passed, the Commissioners' Court, under provision of that law, set the salarles of the Tax Assessor-Collector,County Clerk,District Attorney,District Clerk and Sheriff at $4,250.per annum.

"In 1940, the census showed the county to have a population of 58,000 and since that time the salaries of said officers have been paid in accordancewith section 13, 39123 at $4,250.
'GreggCounty, according to the last preceding tax,valuation,had an assessed valuation of $103,000.ooo
. The last portion of the first paragraph of section 13, article 39123provides "andprovided that in counties having a population of thirty-seven thousand five hurarea (37,500) and less than sixty thousand (~o,ooo), according to the last preceding Federal Census, and having an aBSeSSed~ValUatiOn in excess of TwentyMlllitin(20,000,000.00)Dollars, according to the lastpreceding approved tax roll of such county, the maximum amount allowed such officers aB salaries,may be increasedon (1s)per cent for each One Million ($l,OOO,OOO.OO)Dollars valuation or fractionalpart thereof, In excess of said TwentyMillion ($20,000,000.00)Dollars val-Hon. Reagan S. Wyche, page 2 0-6580

uatlon over and above the maximum amount allowed such officerunder laws existFng onAugust 24, 1935."

"SinceGregg Countg.1~wlthin the population bracket and~has $83;000,000.00more than the minimum of $20,000,000.00 set out in said law, please advise.
"Question: Has the CommI.ssloners' Court of Gregg County authority to raise the salaries of said officers from $4,250.00 to $5,100.00per annum Under and by virtue of section 13, article 3912E above cited."

Article 3912e, Section 13,Vernon's Annotated Texas Civil Statutes, reads inpart as follows:

"The Commlssioners'Court In counties .' having a population-of twenty thousand (20,000) inhabitants or more, an&less than one hundred and ninety thousand (190,000) inhabitantsaci coraFng to the last preceding Federal Census, Is hereby authorized and it shallbe itsduty to fix the salarles of all the following named officers; towit: sheriff, assessor and collector of taxes, county judge, county attorney, incluaing crlmlnaldistrict attorneys and county attorneyswho perform the duties of district attorneys,district clerk, county clerk, treasurer, hide and animal inspector. Each of said officers shallbe paid in money an annual salary In twelve (12) equal installmentsof not less than the total sum earned as compensationby him in-his official capacity for the fiscal year 1935, and not more than the maximum amount allowed such officer under laws existing on August 24, 1935.

. . .and ,providedthat in counties having a populatLon,of thirty-seven thousand five hundred (37,500)and less than sixty thousand (60,000) according to the last precedingFederal Census, and having an assessed valuation in excess of Twenty MillIon ($20,000,000.00)Dollars, according to the last preceding approved tax roll of such county, the maximum amount allowed such 6fficers as salaries,may be increased one (I$) per cent for each One Million ($1,000,000.00) Dollars valuation or fractionalpart thereof, in excess of said Twenty Million ($20,000,000000) Dollars valuation over and above the maximum amount allowed such officer under laws existingHon. Reagan S. Wyche, page 3 0-6580

on August 24, 1935." OpinionNo. O-2582 of this clepartment held, among other things, that the change in population of Travis County, Texas, had no effectupon the salaries of the officers named Ln Section 13 of Article 3912e V.A.C.S. and that the 1930 Federal Census (andnot the 1960 Federal Census)was applicable in determlning.the "maximuti,amount allowed such officer under laws existing on August 24, 1935." We enclose herewith a copy of Opinion No. o-2582 for your information.

After the rendition of oDInionNo. O-2582, the 47th Legislature of Texas, 1941,Regular Session, enactedH.B. 518, which applied to Travis and other counties coming within the populationbrackets of 100,OO to 190,000 inhabitants. We quote from saidHouse Bill as follows:

"Be it enactedby the Legislature of the State of Texas:
"Section 1. The CommissionersCourts in all counties of Texas having a population,of not less than one hundred thousand (100,000)and. not more than one hundred and ninety thousand (190,000) inhabitants,accoralng to the last precedingFederal Census, in fixing the annual salary that shallbe pald an officernamed in Section 13 of Chapter 465 of theActs of the Second Called Session of the Forty-fourth Legislature,where such officer's salary IS determined in compliance tiiththe lawswhich existed
on August 24, 1935, and is based upon population, shall compute and fix the salary of each of such officers at the maximum amount which could have been paid each of such officers under the laws existing on August 24, 1935, according to the Federal Census of 1940 and thereafter according to the last precedingFederal Census; provided the CommI.ssloners Courts in said counties
are authorized to amend the present order of said Court fixing the maximum salary of said officers for the fiscal year 1941 from and after the effective date of thisAct for the balance of said fiscalyear, according to the Federal Census of 1940, and thereafter according to the last preceding Federal Census.

"Sec. 2. The Legislature in the enactment of what is called the Officers' Salary Bill, being Chapter 465 of the Acts of the Second Called. ”

Hon. Reagan S. Wyche, page 4 O-6580

Session of the Forty-fourth Legislature, in providing compensation for public officers on the basis of salary instead of the fee basis as theretofore existed, In Section 13 thereofprovided 'anannual salary In twelve (12) equal installments of not less than the total sum earned as compensationby him lnhis official capacity for the fiscal gear 1935, and not more than themaximum amount allowed such'orficerunder laws existing
on August 24, 1935'; and whereas, under the laws e2istlng on August 24, 1935,many officers' salarieswere fixed on the basis of population according to the last precedingFederal Census
ana the fact that by the recent publication of the Federal Census for 1940 many county officers by reason of the Increase Inpopulation of their counties, according to saIa Census,would. be justly and lawfully entitled to more compensationunder the l%iti

as it existed on August 24, 1935, but for the fact that saidAct has been construed to confine said officers'.salariesto the maximum allowed them under sald law, according to the population
as shownby the Federal Census of 1930, creates any emergencyand an Imperativepublic necessity calling for the suspension of the ConstitutionalRule requiringbills to be read on three severaldays In eadh House, and the Rule Is hereby suspendedand this Act shall take effect and be in force from and after its passwe, and it Is so enacted."

'Thepopulation of Gregg County, Texas, according to the 1930 Federal Census, was 15,788 inhabitants. sunder laws existingAugust 24, 1935, the maximum amountwhich county officers of Gregg County, Texas, could retainwas the sum of $3,000.00per~annum. See paragraph 2, Article 3891,Vernon's Annotated Texas Civil Statutes.

Since the population of Gregg County,Texas, according to the 1940 Federal Censuswas 58,027 inhabitants,the provisions ofArticle 3912e, Sec. 13,V.A,C.S., supra,with reference to a 1% increase of salary for eachmillion dollars valuation in excess of twentymillion dollarswill also apply to Gregg County, Texas. Since there is 83 million dollars valuation In excess of 20 mllllon dollars valuation InGregg County, the county officials subject to the salary law could be allowed, if the Commissioners'Court saw'fit to allow same, a salary increaseof 83% on the sum of $3,000.00,which amounts to~the sum of $2,490.00. The sum of $2,490.00plus the sum of $3,000.00makes the total sum of $5,490.00.Hon. Reagan S. Wyche, page 5 0-6580

It Is our opinion that the Commissioners'Court of to increase the salaries Gregg County,Texas, is authorized of the Tax Assessor-Colletitor, County Clerk, CriminalDistrict Attorney Dlstrlct Clerk and Sheriff to an amount not in excess of $5,490.00per annum.

However, we wish to point out that where the annual salaries of county officials operatingunder the Officers' Salary Law have been set, samemay not be Increasedor decreasedduring the year but may be increasedor decreased the followingyear within the llmltationsprescribedby law. See OplLnLons

Nos. O-1595 and O-4226 of thisDepartment, copies of which are enclosedherewith for your information.

Yours very truly

ATTORNEY GENERAL OF TEXAS

By skWm. J. Fanning Wm. J. Fanning AssIstant

WJF:BT:wc

APPR0VEL.I

MAY 24, 1945 s/Grover Sellers ATTORNEY GENERAL OF TEXAS
Approved Oeinion CommitteeBy s/GWB Chairman