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 to the 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 8 of H.B. 384 repeal that part 

of Article 2338-7 which provides that the compensation of the Judge of the Court of Domestic 

Relations in Hutchinson 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 it will not apply to 

compensation of such Judge? 

"If the answer to the above question No. 1 

is ‘NO’ or to the above question No. 2 is 'Yes', 

then the following questions are immaterial. 

"Question No. 3 

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Honorable Cecil M. Pruett, Page 2 (M-921) 

"Is H.B. 384 effective as of August 30, 1971, 

except as to salaries, expenses, and allowances 

paid beginning January 1, 1972? 

"Question No. 4 

"In the event Section No. 8 repeals 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 1 of H-8. 384-- 

$20,000. or $22,000. per year? 

"Question No. 5 

"In the event the Commissioners Court should 

fix the compensation of the 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 

of H.B. 384?" 

Section 7 of House Bill 384, Acts 62nd Deg., R.S. 1971, 

Ch. 622, p. 2019 (codified in Vernon's as Article 3912k, Vernon's 

Civil Statutes), provides in part: 

"Sec. 7. Nothing in this 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 a population 

of 1,700,OOO or more, according to the last preceding 

Federal census." 

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Honorable Cecil M. Pruett, page 3 (M-921) 

The' "Court of Domestic Relations in and for Hutchinson 

County" is a court 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 to the Judge of the 

Court of Domestic Relations in and for Hutchinson County. In 

view of our answer to this question, it is unnecessary to answer 

your remaining questions. 

SUMMARY 

The provisions of House Bill 384, Acts 62nd 

Leg.. R.S. 1971, Ch. 622, p. 2019, are not applicable to the Judge of the Court of Domestic Relations in and for Hutchinson County, since judges 

of courts of record are specifically excluded 

by the provisions of Section 7 of 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 

Sam McDaniel 

MF.ADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

neral of Texas 

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