August 5, 1971

Honorable Cecil M. Pruett Opinion No. M-921 County Attorney Hutchinson County Courthouse Re: Construction of House Bill Borger, Texas 79007 384, Acts 62nd Leg., R.S. 1971, Ch. 622, p. 2019, relating tothe compensation, expenses and allowances of certain officers and employees. DearMr. Pruett: Your request for an opinion on the above subject matter asks the following questions:

"Question No.~1 "Does Section 8ofH.B. 384 repeal that part ofArticle 2338-7 which provides that the compensation of the Judge of the Court ofDomestic Relations inHutchinson County shall be the same as that allowed other district judges? "Question NO. 2 "Does Section 7(4) of H.B. 384 exclude the Judge of the Court of Domestic Relations of Hutchinson County, so that itwill not apply to compensation of such Judge? "If the answer to the above question No. 1 is ‘NO’ or to the above question No. 2is 'Yes', then the following questions are immaterial. "Question No. 3

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"IsH.B. 384 effective as ofAugust 30, 1971, except as to salaries, expenses, and allowances paid beginning January 1, 1972?

"Question No. 4 "In the event Section No. 8repeals the provision for the Judge of the Court of'.Domestic Relations to receive the same salary as the district judge, then what would be the minimum which he can be paid under provisions of Section 1of H-8. 384-- $20,000. or $22,000. per year? "Question No. 5 "In the event the Commissioners Court should fix the compensation ofthe Judge of the Court of Domestic Relations under.H.B. 384, may the Commissioner's Court fix the salary for the remainder this year, beginning September 1, 1971, ~without advertising as set out in Section 2(a) and Section 6 ofH.B. 384?" Section 7of House Bill 384, Acts 62nd Deg., R.S. 1971, Ch. 622, p. 2019 (codified inVernon's asArticle 3912k, Vernon's Civil Statutes), provides inpart:

"Sec. 7. Nothing inthis Act applies to compensation, expenses, or allowances of: I, ... "(4) judges of all courts of record and all justices of the peace, and presiding judges of commissioners courts in counties having apopulation of 1,700,OOO ormore, according to the last preceding Federal census."

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The'"Court ofDomestic Relations inand for Hutchinson County" isacourt of record. Article V, Section 1,Texas Constitution: Article 2338-7, Vernon's Civil Statutes: Jordan v. Crudqinton, 231 S.W.2d 641 (Tex.Sup. 1950). Therefore, the provisions of House Bill 384 are not applicable tothe Judge of the Court ofDomestic Relations inand for Hutchinson County. In view ofour answer to this question, it isunnecessary to answer your remaining questions. SUMMARY The provisions ofHouse Bill 384, Acts 62nd Leg.. R.S. 1971, Ch. 622, p. 2019, are not applicable tothe Judge of the Court ofDomestic Relations inand for Hutchinson County, since judges of courts of record are specifically excluded by the provisions of Section 7of House Bill 384. V? truly yours,

Prepared by John Reeves Assistant Attorney 

### General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Ben Harrison Jack Sparks S.J.Aronson SamMcDaniel MF.ADEF. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant neral ofTexas



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