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## THEATTORNEYGENERAL OF TEXAS

March 13, 1961
Honorable Joe N. Chapman Chairman, Counties Committee House of Representatives Austin, Texas OpinionNo. !.iW-1014 Re:

Dear Mr. Chapman: Constitutionalityof House Bill 248 of the 57th Legislature,which would create a civil service system of selection, tenure and status of all employees of counties having a population of not less than 314,000 and not more than 315,000 inhabitants according to the last preceding federal census. You have requestedan opinion on the constitutionality of House Bill 248 of the 57th Legislature. Sections 1 and 2 of House Bill 248 provide as follows: "Section 1. From and after the effective date of this Act, the Commissioners1Court of all counties in this State having a population of not less than Three Hundred and Fourteen Thousand (314,000)and not more than Three Hundred and Fifteen Thousand (315,000)according to the last preceding federal census is authorized to establish a civil service system of selection, tenure and status,applicable to all employees of such countieswith the exception of elected officials,members of boards and commissions and of the judiciary. "Section 2. Such systemmay also include uniform provisions in respect to classification of position and salary ranges,payroll certification, attendance,vacation, sick leave,Honorable Joe N. Chapman,page 2 (WW-1014)
competitive examinations,hours of work, tours of duty or assignments according to earned seniority,employee grievanceprocedures, disciplinaryactions, layoffs and separations for cause subject to approval of a civil service commissionand all other appropriateprovisions relating to rates of pay, wages, hours of work, and otherworking conditions." Section

## 3is the severability clause and Section 4 declares an emergency. There is only one countywithin the Statewhich comes within the enumeratedbracket of the Bill. According to the 1960 federal census report, El Paso Countyhas a population of 314,070 inhabitants. Section 56 of Article III of the Constitution of Texas provides in part as follows:

"The Legislature shall not, except as otherwiseprovided in this Constitution, pass any local or special law, authorizing: II

. . . "Regulatingthe affairs of counties, cities, towns, wards or school districts;
. , ." There are four countieswith a greaterpopulation than the range from 314,000 to 315,000 inhabitants and there are 249 countieswith a lesser population than the range from 314,000 to 315,000 inhabitants. It is apparent that House Bill 248 is regulating the affairs of countieswithin the meaning of Section 56 of Article III of the Constitutionof Texas. Bexar County v. Tvnan. 128 Tex. 221. 97 S.W.2d

## 467(1916) and El&o County; 136-T&. 

## 370, 150'S:W:2d'lOOO~?$@?In Bexar Cou

.ntyv. Tynan, supra, the Supreme Court stated:

the Legislaturemay classify counties'upona basis of population for the- .

Honorable Joe N. Chapman,page 3 (WW-1014)

purpose of fixing compensation of county and precinct officers,yet in doing so the classificationmust be basedupon, and must not be arbitrary or a device to give what is in substancea local or special law the form of a general law.
. , . "'The rule is that a classificationcannot be adopted arbitrarilyupon a ground which has nofoundation in difference of situation or clrcumstances of themunicipalitiesplaced in the different classes. Theremust be some reasonable relationbetween the situation of municipalities classifiedand the purposes and objects to be attained. Theremust be something
. . . which in some reasonabledegree accounts for the division into classes.' I,

. . . "In the case of Clarkv. Finley, 93 Tex. 171, 54 S.W. 343, this Court recognized that substantialdifferences In populations of counties could be made a basis of legislation fixing compensation of officers, on the theory, as the court clearly recognized, that the work devolving upon an officerwas in some degree proportionate to the population of the county. This has frequently been recognizedby courts as creating a sufficientdistinction to justify a larger compensation for county officers in countieshaving a large population as comparedwith compensation to like officers in countieshaving a small vooulatlon.

In view of the foregoing authorities, it is our opinion that House Bill 248 of the 57th Legislature Is in violationc -

Honorable Joe N. Chapman,page 4 (WW-1014)

of Section

## 56of Article III of the Constitutionprohibiting the enactment of local or special laws regulating the affairs of counties. SUMMARY House Bill 248 of the 57th Legislature authorizing the establishmentof a civil service system of selection, tenure and status for all employees of countieshaving a population of not less than 314,000 and not more than 315,000 Inhabitantsaccording to the last preceding federal census is unconstitutionaland void, being in violation of Section

## 56of Article III of the Constitutionof Texas, prohibiting the enactment of local or special laws regulating the affairs of counties.Yours very truly, WILL WILSON Attorney General of Texas

JR:ms:mm APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman William H. Pool, Jr. Elmer McVey Joe B. McMaster Linward Shivers Assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: Morgan Nesbitt