OFFlCE OF THE A-ITORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable I.klvin Combs 

county Attorney 

Jefferson County 

Eecu~ulnt, Tszns 

ullty Attoxmy fxom 

under hrticie 3886b, 

een reedved end oar+ 

e quote from your xeby t& 47th h&b+- 

lve hiay 20, ww, 

J.&a state not en+ 

thsr a Grlmlnal 

or a Uietrict 

XeLn the duty Of 

1 crimlnalmattsre 

ounty devolves upon the 

I such oounty, the Comaiiaaionara' 

on petition of such County 

the duriw a non-eleation 

ate the office of the Coun%y 

Attorney in suoh county as theoffice of Grimioal Watriot Attorney of such oounty. It 

provides further that it ia not the lntwt 

of tkm aot to change the duties in ung way, 

nor to ornate any new office, but nerelg to 

ahange the name of the offloe from that of 

County Attorney to Criminal Dlrdtrict Attorney 

of suoh county. 
tiocorable !i,efvi~ Combs, Pa@ 2 

We are operating in Jefferson County under 

Article 3d86b, Jeo. 5b, ~hioh grovldea that 

counties having a population of mre than 

125,000 inhabitants, wherein there is no Matriot Attorney and the aouuty~attorney perrorms all the duties or county i+ttomey and 

Diatriot AttornOyy, and bases the salaries, 

etq, but no place names my orf-ice as t.bat of 

County Attorney except by inference. 

"The problem that oonfronts ~16, if I,do 

change the name of this office Is: iltlll I 

still 'be able'to operate un&r 38&b, &ec. 5b, 

whioh apecifioallg provides for the setup 

under Mhioh we are now Operating. 

'"Of co&-se, the net statute ia mitten 

to oover situation8 e&aotly like ours, hut 

there ie soma doubt In ny mLnd as to whether 

I till1 be left xltbout any statute to oparete 

under, if the Yuase ia changed, because of the 

provision is 3$86b, See. 5b, whioh .speoif.icallp says '%&et9 there is no District Attorney 

or Crimlual iU3trfot httorney * . 

"1 personally believe that 'Senate Bill 

312 and the ohm&e in the mme of my office 

y&ill not effect our operating under nrticle 

3886b, ;;iee. 5b, but I teuld greatly appredata an opinion fmm your office to thst, 

effsot, or otheruaies, as 80011 as possible, 

in order that I msy proseed to ohangethe 

naow of my offioe without any doubt as to 

its erfaat.* 

Senate Bill 312, 17th Legislature of Texss, reads 

i&part ao fOllOWSi 

*seotion 1. CERTAIN COmTY ATTGmD% 

DESIS8ATXD CXtbQXAL DISTRICT ATTO?UZY. In 

any county in this State not embraoed in or 

cohatituting either a Criminal District Attorney's Distriot or a Distriot Attorney's 

District, and wherein t& duty of representing 
‘rionorable Selvti Combs, Page 3 

the State in all criminal matters arising in 

such oouuty devolves upon the County .+kttorney 

of such county,, the Commis8ioners Court 

.thereof, upon petition of suoh County r;ttorney at any time during a non-election year, 

may, by appropriate aatlon spread upon the 

minutas of~suoh Cod58ionar's~ Court, deoignate tile office of County Attorney in such 

county, as the ofrice of Criminal. District 

Attorney of suoh County, aad the incumbent 

of such oMlce as the C&ai.nal District Attorney of suatr County; and thereafter arid 

until such tFme as suoh county shali be included within a regularly oreated and aanstltuted Diatriat Attorney's Dlatrict or C?irainal District Attorney's District, such office ahall be designated es the olflce of 

Criminal Xstrict Attorney of such county, 

and the inaubent thereof shall be designate6 85 the Crimlnel District Attorney of 

suah county 

the deeigna t 

provMing that suoh change in 

i+ and appellation of euoh 

offioe and the inoumbsnt thereof, as aroresaid, shall In no manner alter or af'feot 

aither the previous elsotion 61~3 qualifioationa of the fnoumbent thereof, nor shall 

the sams thereafter alter or affect either 

the rights. duties. or emoluments of suoh 

ffi hein oumbent 

!i&%%*Z that in eU 

thereof; and iroVideleotione t herettf ter 

held to f33.l. such offioe, and so long as 

then same shall be 80 Uesignatsd, the said 

office shall be designated qon the ballot 

anb ln the eleotlon as theoffice of Crirainal 

Dietriot Attorney of suoh county; and providing further that in the event any such county 

be thereafter embrawd in or constitute e 

regularly areated District Attorney's Dlatriot or Criminal DiStriet Attorney's iliatriot, the deaignatI.on of County Attorney 

shall be restored to suoh offioe unless the 

office of County Attdkey be abolished in such 

aounty. 
Lionorabla :,;e1vFn COClbS~, i'i3~6 1+ 

*sec. 2. WT,&T iz iypy. It is not the 

intention of this .kot to create any office of 

Diatriot httorney or any othor Constitutional 

Office; but i.t is the titefitioh of this i.Ot 

nerelg to mthorize a change in the ham and 

a:;= a tion 3f the Oflice of C0Ud.g ?~ttorhey 

and the incumbent thereof in certain counties, 

xithout othernine ohah&ng or affsctini: the 

ri&ts, duties, or enalunents eithar of such 

office or the incumbent thereof. 

Tiec. 3. &paa. This.;bct is nor, fntend.ed and ahall not be considered 0)~" cirnstrued 

RS ropealfrg SIly law ?iO‘w ih the statuta boo&s, 

except those tiircorJlict thmeuitk; but it 

aiiwll be cuixulative Ciereof. 

if . . . n (UnderscoricG oursj 

Liaction. 5”v of .;rticle jrj&b, Vernoh*s rinmotated 

Texas Civil titatutes, reads as follows: 

"sec. 5-3. Ii2 all Counties in this State 

.hayinG a population of over 125,OCiO inhabita;lts aaoording t.2 tile latest ~re0edi.h~ xedera1 Ceneus md ic ;Y?Loh there Is tie jiatriot 

Attorney or criuihal Diatrict 2Lttorney usd 

tlicj county Attorney perform8 t&e duties of 

County and District Storney, the Couhty Attorney In such Counties, upon aworn applioation ahowkg the~heccaslt~ tharofor ahd 

upon approval by the Sormaissiohers~ Zourt 

of such application, shall be authorized to 

appoint one first assistant County AZtorney 

who ahall receive a salary ofnot to sxceed 

Three Thousand Six Duhdred (;3,600.00) Dollars per amma, and such other assistants 

aad employees as are neoesaary who shall raceiva salaries of not ti oxoee& Three Thousand ($3,000.00) Dollars per amma. The iorrimiasionerag Court ih eaoh order approvinf: 

the appointmeat of such assistants and eaiployees shali atate the nuuber authorized 

and the amount of oonpensatlor to be allowed 

each assist or employee; and should the 

fees of the county Attorney's office be in- 
Eonorable Melvin Gonba, fjage 5 

\ 

suffiaient to pay the ccmpehsation allowed 

to such officer, nod also pay the allowable 

expense aA the selafles of auoh assistacts 

and employee8 of such of fiae as the %JaIitiSeionere’ Court my determine are neoeesary 

to properly perfoma the duties and oarry on 

the affairs of ther offioe, the Conmls6ionera~ 

@Jurt ShEdi- ellow the payment of euah portion of ~uah expenses and salaries out of the 

general fund ofthe County as in their judgment may be necessary. The County Attorney 

may also appoiut with the oonsent and approval of the Commissio5ers~ Court sn Aesistsrlt County Attorney who need not possesa the 

quallflaetions of County Attorney, but who 

ahall have the qualifications of a oonpeteht 

tax man, and a Clerk or Assistant to assist 

io the aollection of delinquent taxes, end 

in the riling end proseoutlhg of tax suits. 

Suoh heslstailt county Attorney shall reoeive 

suoh salary 88 the timmissiohers* Court may 

determine, not to exceed Three Thousand 

($3,000.00) Dollarsper snnum, and suoh 

Clerlq or Aseiatant a salary not to exceed one 

Thousand Eight Z%u-sIred ($l,SOO.OO) Dollar8 

per annum, such salary to be gsidmonthly 

out- 0r a peroentage or all delinquent taxes 

collected." 

It is our opinion that the oonaluslon reached by 

you la correot, 

Very truly yours 

\, 37 (8) Wm. 3. %Ming 

V&R. if’. PaMing 

ksslstRrit 

y-iwzt: 

A~~+NED AW. 21, 194x AFPROWD 

(s);, Gerald C. Hahn Opinion Coinmlttee 

Attokney General of' Texae By C.Z.C. Chairman