_- . . 

THE AYTORNEY GENERAL 

OF TEXAS 

Honorable Reagan S. Wyche 

County Auditor 

Gregg County 

Longview, Texas 

Dear Sir: OpinLon No. 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 considered by 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 

accordance with section 13, 39123 at $4,250. 

'Gregg County, 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 39123 provides 

"and provided 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 

Twenty Mlllitin (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 increased on (1s) per 

cent for each One Million ($l,OOO,OOO.OO) Dollars 

valuation or fractional part thereof, In excess of 

said Twenty Million ($20,000,000.00) Dollars val- 
Hon. Reagan S. Wyche, page 2 0 -6580 

uatlon over and above the maximum amount allowed 

such officer under laws existFng on August 24, 1935." 

"Since Gregg Countg.1~ wlthin the population 

bracket and~has $83;000,000.00 more 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 $5,100.00 per 

annum Under and by virtue of section 13, article 

3912E above cited." 

Article 3912e, Section 13, Vernon's Annotated Texas 

Civil Statutes, reads in part 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) inhabitants aci 

coraFng to the last preceding Federal Census, 

Is hereby authorized and it shall be its duty 

to fix the salarles of all the following named 

officers; towit: sheriff, assessor and collector 

of taxes, county judge, county attorney, incluaing crlmlnal district attorneys and county attorneys who perform the duties of district attorneys, district clerk, county clerk, treasurer, 

hide and animal inspector. Each of said officers 

shall be paid in money an annual salary In twelve 

(12) equal installments of not less than the 

total sum earned as compensation by 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 ,provided that in counties having a populatLon,of thirty-seven thousand five hundred 

(37,500) and less than sixty thousand (60,000) 

according to the last preceding Federal 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 fractional part thereof, 

in excess of said Twenty Million ($20,000,000000) 

Dollars valuation over and above the maximum 

amount allowed such officer under laws existing 
Hon. Reagan S. Wyche, page 3 0-6580 

on August 24, 1935." 

Opinion No. O-2582 of this clepartment held, among 

other things, that the change in population of Travis County, 

Texas, had no effect upon the salaries of the officers named 

Ln Section 13 of Article 3912e V.A.C.S. and that the 1930 

Federal Census (and not 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 oDInion No. O-2582, the 47th 

Legislature of Texas, 1941, Regular Session, enacted H.B. 

518, which applied to Travis and other counties coming within 

the population brackets of 100,OO to 190,000 inhabitants. We 

quote from said House Bill as follows: 

"Be it enacted by the Legislature of the State 

of Texas: 

"Section 1. The Commissioners Courts 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 

preceding Federal Census, in fixing the annual 

salary that shall be pald an officer named in 

Section 13 of Chapter 465 of the Acts of the 

Second Called Session of the Forty-fourth Legislature, where such officer's salary IS determined in compliance tiith the laws which 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 preceding Federal 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 this Act for the balance of said 

fiscal year, 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 thereof provided 

'an annual salary In twelve (12) equal installments 

of not less than the total sum earned as compensation by him lnhis official capacity for the 

fiscal gear 1935, and not more than the maximum 

amount allowed such'orficer under laws existing 

on August 24, 1935'; and whereas, under the laws 

e2istlng on August 24, 1935, many officers' 

salaries were fixed on the basis of population 

according to the last preceding Federal Census 

ana the fact that by the recent publication of 

the Federal Census for 1940 many county officers 

by reason of the Increase In population of their 

counties, according to saIa Census, would. be justly 

and lawfully entitled to more compensation under 

the l%iti as it existed on August 24, 1935, but for 

the fact that said Act has been construed to confine said officers'.salaries to the maximum allowed 

them under sald law, according to the population 

as shown by the Federal Census of 1930, creates any 

emergency and an Imperative public necessity calling 

for the suspension of the Constitutional Rule requiring bills to be read on three several days In eadh House, 

and the Rule Is hereby suspended and this Act shall 

take effect and be in force from and after its passwe, and it Is so enacted." 

'The population of Gregg County, Texas, according to 

the 1930 Federal Census, was 15,788 inhabitants. sunder laws 

existing August 24, 1935, the maximum amount which county officers of Gregg County, Texas, could retain was the sum of 

$3,000.00 per~annum. See paragraph 2, Article 3891, Vernon's 

Annotated Texas Civil Statutes. 

Since the population of Gregg County, Texas, according 

to the 1940 Federal Census was 58,027 inhabitants, the provisions of Article 3912e, Sec. 13, V.A,C.S., supra, with reference to a 1% increase of salary for each million dollars valuation in excess of twenty million dollars will also apply 

to Gregg County, Texas. Since there is 83 million dollars 

valuation In excess of 20 mllllon dollars valuation In Gregg 

County, the county officials subject to the salary law could 

be allowed, if the Commissioners' Court saw'fit to allow same, 

a salary increase of 83% on the sum of $3,000.00, which amounts 

to~the sum of $2,490.00. The sum of $2,490.00 plus the sum of 

$3,000.00 makes the total sum of $5,490.00. 
Hon. Reagan S. Wyche, page 5 0-6580 

It Is our opinion that the Commissioners' Court of 

Gregg County, Texas, is authorized to increase the salaries 

of the Tax Assessor-Colletitor, County Clerk, Criminal District 

Attorney Dlstrlct Clerk and Sheriff to an amount not in excess of $5,490.00 per annum. 

However, we wish to point out that where the annual 

salaries of county officials operating under the Officers' 

Salary Law have been set, same may not be Increased or decreased during the year but may be increased or decreased the 

following year within the llmltations prescribed by law. See 

OplLnLons Nos. O-1595 and O-4226 of this Department, copies of 

which are enclosed herewith for your information. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By sk Wm. J. Fanning 

Wm. J. Fanning 

AssIstant 

WJF:BT:wc 

APPR0VEL.I MAY 24, 1945 

s/Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

Approved Oeinion Committee By s/GWB Chairman