OFFlCE OF THE A-ITORNEY GENERAL OF TEXAS

AUSTIN

Honorable I.klvinCombs countyAttorney 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 hiay20, ww, J.&a state not en+ thsr a Grlmlnal
or a Uietrict XeLn theduty 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 thatof CountyAttorney to Criminal Dlrdtrict Attorney of suoh county.tiocorable!i,efvi~ Combs, Pa@ 2

We are operating in Jefferson Countyunder Article 3d86b, Jeo. 5b, ~hioh grovldea that countieshaving a population of mre than 125,000 inhabitants,wherein there is no MatriotAttorney and the aouuty~attorneyperrorms all the duties or county i+ttomeyand Diatriot AttornOyy, and bases the salaries, etq, but no place names my orf-ice as t.bat

of County Attorney except by inference.

"Theproblem that oonfronts~16,if I,do change thename of thisoffice Is: iltlll I still 'be

able'to operate un&r 38&b, &ec. 5b, whioh apecifioallgprovides for the setup underMhioh we are now Operating.

'"Ofco&-se, the net statute ia mitten to oover situation8 e&aotly like ours, hut there ie soma doubt In ny mLnd as towhether I till1 be leftxltbout any statute to oparete under, if the Yuaseia 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 'SenateBill 312 and the ohm&e in the mme of my office y&ill not effect our operatingunder 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 CXtbQXALDISTRICT ATTO?UZY. In any county in this State not embraoed in or cohatitutingeither a Criminal District Attorney'sDistriot or a Distriot Attorney's District,and wherein t& duty 

### of representing‘rionorable Selvti Combs, Page 3

the State in all criminalmatters arising in such oouuty devolvesupon the County .+kttorney of such county,,

the Commis8ioners Court .thereof,

upon petition of suoh County r;ttorney at any time during a non-electionyear, may, by appropriateaatlon 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.nalDistrict Attorney of suatr County; and thereafter arid until such tFme as suoh county shali be includedwithin a regularly oreated and aanstltuted DiatriatAttorney's Dlatrict or C?irainal DistrictAttorney's District, such office ahall be designated es the olflce of CriminalXstrict 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 changein i+ and appellation of euoh offioe and the inoumbsnt thereof,as arore**said,** shall Inno 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 therettfter held to f33.l.

such offioe, and so long as then same shall be 80 Uesignatsd, the said office shallbe designated qon the ballot anb ln the eleotlon as theoffice of Crirainal DietriotAttorney 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 CriminalDiStriet 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 .kotto create any office of Diatriothttorney or any othor Constitutional Office; but i.t

is the titefitioh

of this i.Ot nerelg to mthorize a change in theham and
a:;= ation 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.;bctis nor,fntend.ed and ahallnot be considered 0)~" cirnstrued RS ropealfrg SIly

law ?iO‘wih the statutaboo&s, except those tiircorJlict thmeuitk; but it aiiwll be cuixulative

Ciereof.

if

. . . n (UnderscoricG oursj

Liaction.

5”v of .;rticlejrj&b, Vernoh*s rinmotated Texas Civil titatutes, reads as follows:

"sec. 5-3. Ii2all Counties in this State .hayinG a population of over 125,OCiOinhabita;lts aaoording t.2 tilelatest ~re0edi.h~xedera1 Ceneus md ic ;Y?Lohthere Is tiejiatriot Attorney or criuihal Diatrict 2Lttorney usd tlicj county Attorneyperform8 t&e duties of Countyand District Storney, the CouhtyAttorney In such Counties, upon aworn applioation ahowkg the~heccaslt~ tharofor ahd upon approvalby the Sormaissiohers~ Zourt of such application, shall be authorized to appoint one first assistant CountyAZtorney 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 shallraceiva salaries of not ti oxoee& Three Thousand ($3,000.00)Dollars per amma. The iorrimiasionerag Court ih eaoh order approvinf: the appointmeatof 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 countyAttorney's office be in-EonorableMelvin Gonba, fjage5

\ suffiaient to pay the ccmpehsationallowed

to such officer, nod also pay the allowable expense aA the selafles of auoh assistacts and employee8 of such offiae as the %JaIitiSeionere’ Court my determineare neoeesary to properly perfoma the duties and oarry on the affairs of ther offioe, the Conmls6ionera~

@Jurt ShEdi- ellow the payment of euahportion of ~uah expenses and salaries out of the general fund ofthe County as in their judgment may be necessary. The CountyAttorney may also appoiutwith 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 taxman, and a Clerk or Assistant to assist io the aollectionof delinquent taxes, end in the riling end proseoutlhgof tax suits. Suoh heslstailt county Attorney shall reoeive suoh salary 88 the timmissiohers*Courtmay determine,not to exceed Three Thousand ($3,000.00)Dollarsper snnum, and suoh Clerlq or Aseiatant a salarynot to exceed one Thousand Eight Z%u-sIred ($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 oonaluslonreached 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 AttokneyGeneral of' Texae By C.Z.C. Chairman