. 

Eon. MO L. u-r,. page 2' (v-x.3186) 

being a8 followsc 

l . . . 

'$12,000,001 ana liss 

not to,exceed $2;500.00; 

l $20,000,001 anah 

not to exceed $3,000.00. 

i '" -. 'C. . . 

than 20,000,000 

than 30,900,000 

Since Dewitt County ha6 a tax valuation of 

$22,%7,165.00 (1951 tax ~olla) the maximum ocmpe~ar.,:~ 

tlon allowed the county coiunles~onere under Article 

2350fi.+igg3g sta‘t~t9,iis.~3,~Q~.00.. S&~IU-1 0r brtiole 3912g~aathorl~es.an.increase,ia aompensa$$on,~@fpot.. 

to exceed,tve~~~flv~,,(25~),,pe~,~~en~;:oi,‘ 

P 

srer.aXoir&i 

ander'lihe liv~ror'the rlicioal yekir oi ,i 

948 

4 ai: .Since De-’ 

vltt Co~t~.~d,8rtax,~~~~tl,~ in-4 :,(lg!+T tax rolls) 

0r $~~s6g;.7g6+p,,~'th0 iaiia~,u0~eh oader;,+b xf33r 

in 1g&~*:$~~~~0~60.~ mi@iefiie;m*;f@d &.2&.ii& 

thorltes an lnoreaae in co&3neatliiii z&t to~*.oeed' : 

$625.00 (twenty-five per oent or $2,50o;do): 

last~Iffeoeding~~edera;l~~e~~, the Com&s.~ 

al.oners.:Coar.t 'ahallXlx the ,8alary. -oRthe 

oounty!treaaucer ateany reasr+aable. mm,:providing suoh,salary:ls.not .lesll..~~ Tvo' 

Thousandi Pour-mnd~ed ,Dollara.~($2,~OO) ,per,: 

annumi*: 

~By:viz&8?of -the above..quotod provisionio 

~~~lmu~~ls :presorlbed for.the .oount 

Oen. Opsi V-1216 ~11951) aand V-1327 

the conrmiasloners court may set.~the salary oi,the 

county treaeurer.at any reasonable amount-not,less than 

$2,400.00 per annum. 
Non. Nlc L. Iadner, page 3 (V-1386) 

Section 13 of Article 3912e authorizes the 

officers named therein to receive a salary of "not 

more than the maximum amount allowed such officer under 

August 24, 1935"'. Since Dewitt Count 

In 1935 (1930 Federal Census) of 27.4 g 1 

laws existing on 

had a population 

inhabitants, the 

fleers on August 

and 3891, V.C.S. 

maximum amount allowed Its county of24, 1935 was $3,500.00. Articles 3883 

Section 13 of Article 3912e also authorizes 

an Increase of one per cent (1%) for each one mlllion 

dollar valuation or fractional part thereof in excess 

of fifteen million dollars "over and above the maxlxpum 

allowed such officers underlaws existing on A 

1935". Since DeUitt County has a valuation 

165.00 this increase amounts to $200.00 

Sub-division (e) of Section 13 of Article 

3912e authorizes an increase of twenty-five per cent of 

the sum allowed under the law for the fiscal year of 

1944. Since the valuation of Dewitt County In 1944 

(1943 tax rolls) had remained below $15,000,000.00, thereby allowing no salary increase based upon increase in 

valuation 

83,500.00~. 

this increase amounts to $875.00 (25% of 

Section 1 of Article 3912g provides: 

"The Commlssloners Court in each county 

of this State Is hereby authorized, when In 

their judgment the financial condition of the 

county and the needs of the officer justify 

the Increase, to enter an order increasing 

the compensation of the precinct, county and 

district officers, or either of them/in an 

additional amount not to exceed twenty-five 

(25$) P er cent of the sum allowed under the 

law for the fiscal year of 1948, whether paid 

on fee or salary basis; provided, however, the 

members of the Commlssloners Court may not 

raise the salaries of any of such Commlssloners Court under the terms of this Act without 

raising the salary of the remaining county 

officials in like proportion." 

Slnca Dewitt Count had a valuation in 1948 

(1947 tax rolls) of $16 861 g70 00 Section 13 of Article 3912e authorized an'ln&easi 1; 1948 of $70.00 (2% 

of $3,500.00). Sub-division (e) of Section 13 of Artlcle 3912e, as above noted, also authorized an Increase 
Hon. NIC L. Ladner, page 4 (V-1386) 

of $875.00 (2% of $3,500.00). Therefore the maximum sum allowed under the law in 1948 was &4,445.00 

($3,500.00 plus $70.00 plus $875.00). Slnoe the maximum allowed under the law In 1948,waB $4,445.00 the 

maximum Increase allowed under Section 1 of Article 

3912s is $1,111.25 (255 of $4,445.00). 

In view of the foregoing the maxlmum oompensatlon that may be paid the county officials of DeUltt 

3912e, Section 13, and 

($3,500.00 plus $280.00 plus 

aaaitlon to the compensa3912e,'Sectlon 13 and Artlclew 3912g, Section 1, the tax assessor-collector 13 entitled to the additional compensation @*ovided for in 

Section 57 of Article 1436-1, V;P,C;, ati amended by 

S.B. 27l, Acts 52na Leg. R.S. 1951, ch. 368, p. 620. 

See Att'y Oen. Op. V-1294 (1951). 

The compensation of the deputies, as313tant3, 

and clerks of the county offlclals of DeNltt-County is 

a_overned bx the provisions of Articles 3902 and 1w2eG, 

V.C.S. 

Article 3902 provides in part: 

Whenever any dlstrlct, county or preclnct.offlcer shall require the services of 

deputies, assistants or clerks lnthq performance of bls.dutles he~~ball~agply to the County+mr&33loner3~ Court'of his county~ror 

authority to appoint such deputies, asslstants or clerks, stating by sworn application 

the nwnber needed, the position to be filled 

and the amount to be paid. Said appllctitlon 

shall be accompanied by a statement showing 

the probable receipts from fees, commissions 

and compensation to be collected by said office during the fiscal year and the probable 

disbursements which shall Include all salaries 

and expenses of said office; ana said court 

shall make its order authorizing the appolntment of such deputies, assistants and clerks 

and fix the compensation to be paid them wlthin the Xmltatlons herein prescribed and 

determine the number to be appointed as In 

the discretion of said court may be proper; 

provided that In no case shall the Commlssloners' Court or any member thereof attempt 
Hon. Nit L. Udner, page 5 (V-1386) 

to influence the appolntmtint 0s any person 

as deputy, assistant or clerk in any office. 

Upon the entry or such order.the ofricers 

applying ror such aBBiB~ntB, deputies or 

clerks shall be authorized to appolnt them; 

provided that said compensation shall not exceed the maximum amount hereinafter set out. 

The acmpensatlon which may be allowed to the 

deputies, aBBlBtantB or clerks above named 

for their services shall be a reasonable one, 

not to exceed the r0ii0ting amounts: 

"1. In counties having a 

0r twenty~five thousand (25,000 p" 

pulatian 

or less Inhabitants, first aBtii3tB.d or chief deputy 

not to exceed Eighteen Hundred ($1800;00) 

Dollar3 per annum; other assistants, deputies 

or clerks not to exceed Fifteen Hundred 

($1500.00) Dollars per annum each. 

a 0 . . 

'The Ccmmd.ssloner3 Court is hereby 

authorized, when In their judgment the flnanclal condition of the county and the needs 

of the deputies, aSSiStant WI& clerks Of 

any district, county or precinct Officer 

justify the increase, to enter an order lncreasing the compensation Of such deputy., 

assistant or clerk in an addltlonal amount 

not to exceed twenty-five (259) per cent 0s 

the sum alloved under the law for the fiscal 

year of 1944, provided the total compensation 

authorized under the law for the fiscal year 

of 1944 aid not exceed Thirty-Six Hundred 

($3600.00) Dollars." 

Se&Ion 2 of Article 3912g provides: 

*The Ccxmlssloners Court In each county 

of this State la hereby authorized, vhen in 

their judgment the financial condition of the 

county and the needs of the deputies, asslstants and clerks of any district, county or 

precinct officer justify the increase, to 

enter an order increasing the compensation 

of any such deputy, assistant or clerk in an 

additional amount not to exceed thirty-five 

(35%) per cent of the sum allowed under the 

law for the fiscal year of 1948." 
Hon. Nlc L. Ladner, page 6 (V-1386) 

Since Dewitt County baa a population in 1948 

(1940 Federal Census) of 23,935 inhabitants, the sum 

allowed the chief deputy, assistant or clerk in DeWitt 

Count 

plus 3 

under the lav in 1948 was $2,25O.OO ($1,800.00 

450.00), and $1,875.00 ($1,500.00 plus $375.00) 

for the otheti deputles;asslstants and~oletiks. Article 

3902, V.C.S.; Att'y Gen. Op. V-1327 (1951). Slnae DeXltt County now bas a population of 22,993 inhabitants 

(1950 Federal Census), Article 3902 authorlzbs a salary 

not to exceed $2,25O.OO ($1,800.00 plus $450.00) to the 

chief deputy assistant or clerk, and $1,875.00 ($1,500.00 

plus $375.OOj to the other deputies, aSSii3tXIntS or clerks. 

Section 2 of Article 3912g authorlees an lncrease not to exceed $787.50 (35s of $2,25O.OO) to the 

chief deputy, assistant or clerk ana an increase not to 

exceed $656.25 (35% of $1,875.00j to the other deputies, 

aSSiStar&B and clerks. Att'y Gen. Op. V-1327 (1951). 

Therefore, the maximum that ma be p&id to 

the chief deputy assistant or clerk is 3,037.50 

($2,250.00 plus $787.50), an8 the maximum salary that 

may be paid to the other deputies, assistants or clerks 

IS $2,531.25 ($1,875.00 plus $656.25). 

SUMMARY 

The maximum compensation of the county 

commissioners of Dewitt County is now $3,625.00. 

Arts. 2350 and 3912g, V.C.S.; Att'y Gen. Op. 

V-1327. 

The Commlsslonew' Court of BeUitt Couqtg may set the salary of the county treasurer 

at tiny reasonable. Sum not less than $2,&00.00. 

Art. 3943e, V.C.S.; Att'y Gen. Ops. V-1216 and 

V-1327. 

The maximum compensation that may be 

paid the county offlolals of DeWltt County 

Is $5,766.25. Arts.;3912e, Sec. 13, and 

3912g, Sec. 1; Att'y Gen. Op. V-1327. In 

addition to the compensation provided for 

In Articles 3912e, Sec. 13, and 3912g, Sec. 

1, the ,!:sx assessor-collector is entitled to 

the compensation prbvlded for In Section 57 

of Article 1436-1, V.P.C., as amended by 

Senate Bill 271, Acts 52nd Leg., R.S. 151, 

ch. 368, p. 620. Att'y Gen. Ops. V-129 2 

and V-1327. 
Hon. MC L. Iadner, page 7 (V-13861 

The maximum salary that may be paid 

to the chief' deputy, assistant or clerk is 

$3,037.50, and the maximum salary that may 

be paid to the other deputies, aselatanta 

and clerks le $2,531.25.' Arts. 3902'and 

3912g, V.C.S.; Att'y @en. Op. V-1327. 

Yours very truly, 

APPROVED: 

Ji C. Davis, Jr. 

County Arfalrs Division 

PRICE DARIRL 

Attorney General 

E. Jacobson 

Reviewing Assistant. 

Charles D. Mathews 

First Assistant 

JR:mh