OFFICE OF 

4 THE AIYTORNEY GENE= 

AUSTIN. TEXAS 

PRICE DANIEL 

~+ORNEY GENERAL February 27, 1948 

Ron. Alfred M. Clyde 

District Attorney 

Tarrant County 

Fort Worth, Texas 

opinion NO. v-512 

Re: Compensation of County 

Judge of Tarrant County.~ 

.Dear Sir: 

Your request for an opinion from this office 

on the above subjeot matter is as follows: 

"A question conoernlng the salary 

of the County Judge of this county has 

been presented by the County Auditor 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 

$7400.00 per annum In lieu of all other 

compensation now provided by law.' 

"At the time of the passage of that 

amendment the County Ju e of tbls county received a salary of 7 6500.00 per year 

and'an additional $900.00 per gear’under 

2:. ;i142b, Set's 2 and 15, which provide: 

. 2 

"'The Juvenile Board of such couuties shall be composed of the Judges of 

the several Dlstrl@ and Criminal Dlstrict Courts thereof together with the 

County Judge thereof.' : 

"Sec. 15 of the same act provides: 

"'The members composing said juvenile,board in such counties, on account of 

the additional duties hereby imposed on 

them are each hereby allowed an addition- 

*,’ 
Hon. Alfred M. Clyde, page 2 (V-512) 

al compensation of $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 enacted by the 45th 

Legislature in 1937. 

"From Januae 1, 1946, to date the 

County ,Judge of this County has been paid 

on the basis of $7400.00 per year with no 

additional compensation. 

"The 50th Legislature in 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 District attorney, as the case may be, the District 

Clerk, County Clerk, and Assessor and 

Collector of Taxes shall receive a salary .of, not less than $7400.00 per 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 effective January 

1, 1948. Such increase was 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 Legislature amended Art. 

3912e-1 with the intention that the 

County Judge in counties of 225,000 to 

500,000 should receive as total comoensation $7400.00 per 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 

additional compensation were to be paid 

It would only be through the consent and 

authority of the Commissioners' Court 

and such payment would be discretionary 

with them. Therefore, it is our opinion 

that the County Judge of Tarrant County 

is receiving at this time the maximum 

salary authorized by law until such time 

as the Commissionerat Court by proper 

order authorizes the payment of an addit10na1 sum. 

"I would appreciate the opinion of 

your offlce on the above subject and until such~time as I receive an opinion 

from you, I am sending a copy of this 

opinion to our County Auditor for his 

guidance. Thanking you in advance and 

with kindest personal regards, I remain." 

Section 15 of Article.5142b, V. C. S., *as 

held unctinstitutional by Attorney General's Opinion Ho. 

O-3777, a copy of which ls'enclose$. Therefore, It is 

unnecessary for this office to determine the appllcabllity of this section to the question presented in 

your inquiry. 

Article 3912e-1, V. C. S., (applipable to 

counties having a population of 225,000 or more and 

less than 500,000 Inhabitants according to the last 

preceding Federal Censds) was amended by H/B. 241, 

Acts of the 49th Legislature, 1945, and provided that 

the Count Judge of such counties should receive a salary of $7 1 00.00 per anuum. Ii. B. 241 was then~amended 

by the same Legislature by H. B. 849. However,~ It contained a similar provision with reference to the COmty 

Judge's salary. We quote the following provision 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 

provided by law. 

In 1947,,the Legislature 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 provisions of 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.and fifty thousand (250,000) 

inhabitants, according to the last preceding Federal census.. 

"Sec. 2. The County Judge, Sheriff, 

DistrictAttorney, or Criminal District 

Attorney, as the case IUQ be, District 

Clerk, County Clerk, and Assessor and 

Collectorof Taxes'shall receive 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 condition of 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 additional amount 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 affected by 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 considered or construed 

as repealing any law or laws now on the 

Statute books except those in conflict 

herewith, and to the extent of the conflict only, but in other respects shag1 

be construed as being cumulative law. 

It is noted by.the provisions of Section 5 Of 

the above Act, the Legislature intended this Act to be 
HOG, Alfred M. Clyde, page 5 (V-512) 

cumulative of 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 conflFct with Article ‘J912e-1 and therefore,~does not 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 provisions of 

Article 3912e-1 and that he Is only entitled to a salary of $7400.00 per annum, 

SUMMARY 

The salary of the County Judge of 

Tarrant County is governed by 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 $7400.00 per ahnum. Articles 38838, 3912e-1, V. C. S.; Opinion No. 

C-3777. 

Yours very truly, 

ATTORNEY GWERAL OF TJZXAS 

JR:& 

Encl. 

John Reeves 

Assistant 

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