OFFICE OF 4 

## THE AIYTORNEY 

# GENE=
AUSTIN. TEXAS

PRICE DANIEL ~+ORNEY GENERAL February 27, 1948

Ron. Alfred M. Clyde DistrictAttorney Tarrant County Fort Worth, Texas opinion NO. v-512
Re: Compensationof County Judge of Tarrant County.~
.DearSir:
Your request for an opinion from this office on the above subjeotmatter is as follows:

"A question conoernlngthe salary of the County Judge of this county has been presentedby the CountyAuditor for determination. The facts are as follows:
nArt. 3912e-1 as amended by the 49th Legislature

Acts 1945, provides in part: wlThe County Judge of such counties shall each receive a salary of $7400.00per annum In lieu of all other compensation

now providedby law.'
"At the time of the passage of that amendment the County Ju e of tbls county received a salary of 7 6500.00per year and'an additional$900.00 per gear’under 2:. ;i142b,

Set's 2 and 15, which provide:

. 2 "'TheJuvenile Board of such couuties shall be composed of the Judges of the severalDlstrl@ and CriminalDlstrict Courts thereof togetherwith the CountyJudge thereof.' : "Sec. 15 of the same act provides: "'The members composing said juvenile,board in such counties,on account of the additionalduties hereby imposed on them are each hereby allowed an addition- *,’Hon. Alfred M. Clyde, page 2 (V-512)

al compensationof $75.00 per month to be paid by the Commissioners' Court in such counties,and the same to be in addition to all compensation now allowed by law to such officers.'
nArt. 5142b was enactedby the 45th Legislaturein 1937.
"From Januae 1, 1946, to date the County ,Judge

of this County has been paid on the basis of $7400.00per year with no additional compensation. "The 50th Legislaturein Art. 38838 with reference to counties of 145,000 to 250,000, $.n

which bracket this county falls, provided in Sec. 2 of that Act: "'The County Judge, Sheriff,Dlstrict Attorney, or Criminal Districtattorney, as the case may be, the District Clerk, County Clerk, and Assessor and Collector of Taxes shall receive a salary .of, not less than $7400.00per annum from.the officers' salary fund in such counties.'
"!@e County Judge here, proceeding under that act, applied for an increase of $lCiOO.OO

per annum effectiveJanuary 1, 1948. Such increasewas disapproved by the Commissioners' Court. Bow the County Judge is asking that he be paid the $75.00 per month as provided in 5142b set out above. In explanation, the present County Judge was the holder of that office at the time of the amendment to Art. 3912e-1.
"It is the opiliion of this bfflce that the 49th LegislatureamendedArt. 3912e-1with the intention that the CountyJudge in counties of 225,000 to 500,000 should receive as total comoensation $7400.00per year and expressly provided that to avoid the payment of the compensation

as called for in Art. 5142b for members of the Juvenile Board.Eon. Alfred M. Clyde, page 3 (V-512) 

### 221

It Is also our opinion that Art. 38838 placed a minimum on the salar,leq to be paid certain county officials&&If an additionalcompensation were to be paid It would only be through the consentand authorityof the Commissioners' Court and such paymentwould be discretionary with them. Therefore,it is our opinion that the County Judge of Tarrant County is receivingat this time the maximum salary authorizedby law until such time as the Commissionerat Court by proper order authorizesthe payment of an addit10na1 sum. "I would appreciatethe opinion of your offlce on the above subjectand until such~timeas I receive an opinion from you, I am sendinga copy of this opinion to our CountyAuditor for his guidance. Thankingyou in advance and with kindest personal regards, I remain." Section 15 of Article.5142b, V. C. S., *as held unctinstitutional by AttorneyGeneral'sOpinion Ho. O-3777, a copy of which ls'enclose$. Therefore,It is unnecessaryfor this office to determinethe appllcabllity of this section to the questionpresented in your inquiry.

Article 3912e-1, V. C. S., (applipable to countieshaving a population of 225,000 or more and less than 500,000 Inhabitantsaccordingto the last precedingFederal Censds)was amendedby H/B. 241, Acts of the 49th Legislature,1945, and provided that the Count Judge of such counties shouldreceive a salary of $7 00.00 per anuum.

1 Ii. B. 241 was then~amended by the same Legislatureby H. B. 849. However,~ It contained a similarprovisionwith referenceto the COmty Judge's salary. We quote the followingprovision from H. B. 8492"The County Judge of such counties shall each receive a salary of Seventyfour Hundred Dollars ($7400)per annum in lieu of all other compensation now providedby law.
In 1947,,theLegislature passed Hi~B. 631 (Art-t



### 222 HOIl. Alfred M. Clyde, page 4 (V-512)

lcle 3883g, V. C. 3.) which provides as follows:

"Section 1. The provisionsof this Act shall apply to and control in each county in this State having a population of not less than one hundred and'fortyfive thousand (145,000) and not more than two hundred.andfifty thousand (250,000) inhabitants,

according to the last preceding Federal census.. "Sec. 2. The County Judge, Sheriff, DistrictAttorney, or CriminalDistrict Attorney,as the case IUQ be, District Clerk, County Clerk, and Assessor and Collectorof Taxes'shallreceive a salary of not less than Seven Thousand,Four Hundred Dollars ($7,4OO)'per annum from the Officers Salary Fund, in such couuties.
"Sec. 3. The Commissioner.% Court is hereby authorized,when in Its judgment the financial conditionof the countg~ and the needs of the Deputies;Assistants and Clerks of any District, County.orTrecinct Officer justify the increase, to enter an orderincreasing the compensation of such Deputy, Assistant or Clerk in an additionalamount not to exceed twenty per cent (20s) of the sum allowed under the law for the fiscal year of 1946.
'Sec. 4. The Commissioners Courts of each county affectedby this Act shall amend the budget to provide sufficient funds to pay additional compensation. Qec. 5. This Act Is not intended and shall not be consideredor construed as repealingany law or laws now on the Statutebooks except those in conflict herewith,and to the extent of the conflict only, but in other respects shag1 be construedas being cumulativelaw.
It is noted by.the provisionsof Section 5 Of the above Act, the Legislatureintended this Act to beHOG, Alfred M. Clyde,page 5 (V-512)

cumulativeof other laws on the same ~subject. Insofar as H. B. 631, Acts of the 50th Leglslature,~le appllca-' ble to the salary of.the County Judge df Tarrant County, it is not In conflFctwith Article ‘J912e-1 and therefore,~doesnot repeal or amend this Article In this re- ' spect. Therefore, it is our opinion that the County Judge of Tarrant County is subject to the provisionsof Article 3912e-1 and that he Is only entitled to a salary of $7400.00per annum, SUMMARY The salary of the County Judge of Tarrant County is governedby the prod.- sions.of.Article

3912e-1,V. C. 9. as amend&d by B, B. 849, Acts,.of~the 49th Legislature.,

and the County Judge is only entitled to $7400.00per ahnum. Articles 38838, 3912e-1, V. C. S.; Opinion No. C-3777.
Yours very truly,
ATTORNEY GWERAL OF TJZXAS

JR:& Encl. John Reeves Assistant

APPROVED: