Au- 11. -e--. Y 

, _.. 

PRICE DANIEL 

*wrol?- (Immza*l. 

~... , 

Bovember 8;1951 

..~ . ? 

Eon. W. L;'Powell Opinion Ro. V-1338 _,: 

countp ~Allditoi- ~- 

,, ,~. 

Jim Wells County Rer Obligation 'ofone &bunts 

Alice, Texas EO~kha‘rki ifi thei salary of 

a 'secretarJi fw'the dist?iht attorneg~when the 

threeother 'counties in 

the- ju?li%ial'~dititrlbt tive 

Dear Sir: undertaken their shares. 

Your request for an opinion reads as follows: 

"The' C'omi'ssi~hers Court of Jim Wells 

County; Texas has requested this office to 

ask for 'an opinion from your department on 

the following: 

'Is Jim Wells County automatically 

bound to pay its pro-rata share of the 

salary of the Secretar'y to the District 

Attorney when said sd.aQ has beGnapproved by the combined majority of~the 

comniissioners'courts camprising his Judlcial district.' 

'The 'facts surrounding this request 

are as follows: ,. 

"In July of this year, Jim Wells 

County received a'request~ from the dlstrict attorney for ap$n%val of its'prorata share of the salary~of his steno-" 

grapher which had been'authorized by an 

act of the last legislature. The'budget 

for 1952 was then being prepared~and the 

request wasincorporated therein. Thb 1952 

budget was adopted ins September and the 

salary of the stenographer was authorized 

to begin on January 1, 1952. ~~ 

"A request similar to the one submitted to Jim Wells County was also submitted to the Commissioners Court of the 
Hon. W. L. Pove1l.i page 2 (v-1338) 

other tliree ‘cdtitiSs^ con&&sl&j’lils ” 

Judlcial~dlatri~t~aird these ~bther dourts 

authorlied the payment 'of 'the salary 

to begin on September 1, 1951. 

"This office 'now has a letter from 

the District'Attorney~whiEh'expresses 

the opinion that, inasmuch as the salary 

has been approved by three of the four 

counties comprislng’his Judicial dis;. 

trict, 'Jim Wells- Courjty~ls automatically bound by the actionof the majority 

of'the ~tionnnissloners courts and should 

be@ paying its pro+ata, share of the 

salary on September 

on January 1, 1952." 

1, 1951 rather than 

The 79th~ Judicial District~is composed of' 

the counties of Starr, Brooks, Duval, and Jim Wells. 

Art. 199 (79)., V.C.S. 

Ch. 355, 

Senate Bill 212;Acts 52nd Leg., RrS. 1951, 

p. 517 (codified as Article 326-K-19. V.C.S.) 

provides: 

. 

"Section 1. Any dis'trict attorney 

In the State of Texas in a judicial district containing two (2)~ or more 'counties 

is authorized ~to ~employ a stenographer nor 

clerk who~~shall receive 'a'salary notto 

exceed Twenty-four Hundred ($2,400.00) 

Dollars per annum, to~be fixed by the dlstrlct attorney and approved by the co% 

bined majority of the Commissioners Courts 

of the counties '6omposing his judicial 

district. The salary of such stenographer 

or clerk provided for in this Act shall 

be paid monthly by the Commissioners -Court 

of each county compos%ng then judicial district, pro-rated apportionately to the 

?opulatlon of the county." 

chit was held inAttorney General's Opinion 

V-1314 (1951) that it was mandatory~ that a stenographer or clerk employed by B dSstrFct attorney under' the 

provisions of Senate Bill,212 be p&&d a'reasonable 

salary not to exceed $2400.00 per annum. 
Hon. W. L. Powell, page 3 (V-1338) 

The prerequisites for payment of the salary of such stenographer'or clerk are that the Sal-, 

ary be fixed by the district attorney and approved 

by the "combined majority of the commissioners courts 

of the counti'es cOmposlng his Judicial District." 

Since the salary has been fixed by the district at-~ 

torney of the 79th Judicial District and has been approved by the combined majority of the cormnissioners 

courts of the Counties of Starr, Eirooks, Duval, and 

Jim Wells, it is mandatory that such'salary 'be paid 

monthly by the commissioners1 court of each county 

composing the Judicial District pro-rated apportlonately to the population of the county? Under the 

facts set out In your request, Jim Wells County is 

required~to pay its pro-rata part of the salary from 

September 1, 1951. 

SUMMARY 

Under the provisions of Senate i3il.l. 

312, Acts 52nd Leg., R.S. 1951, ch. 355, 

p. ‘17, authorizing the district attorney 

Ln certain judicial districts to appoint 

a stenographer or clerk, it is mandetory 

that the salary which has been fixed by 

the district attorney ,?nd approved by the 

combine? :lejority of the commissioners' 

courts be pa:d monthly bv the commissioners' court of each county composing the 

judicial district, pro-rated according to 

the population of the county. 

APPROVED: Yours very truly, 

J. C. Davis ?RICE DANIEL 

County Affairs Division Attorney General 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant Assistant 

JR:mb