August 28. 1951

Hon. D. E. McGlasson. Jr. County Attorney Randall County Canyon. Texas Opinion No. V-1260 Re: Minimum compensation of the District Clerk of Randall County. Dear Sir: Your request for an opinion reads as follows:

“The District Clerk has requested me to write you for an opinion as tothe minimum salary she should be able to receive under the law.” Randall County has a population of 13,774 inhabitants according to the last preceding Federal census, and the cornmissioners” court has determined tocompensate its county officers ona salary basis. Therefore, the compensation of the district clerk is governed by the provisions ofArticle 3912e-12, V.C.S. Att’y Gen. Op. V-457 (1947).

Article 3912e-12, V.C.S., provides: ?n all counties ofthis State having a population ofless than twenty thousand (20.000), according tothe last preceding Federal Census, and inwhich counties the Commissioners Courts have determined that the county officials shall be compensated ona salary basis, such Commissioners Courts are authorized tofik the salaries of county officials ih such counties, their deputies, clerks and assistants. Said compensation shall be paid in monthly or semimonthly installments. as said Court may determine. Provided, however, that no salary fixed herein by such Commissioners Court shall be in an amount to exceed Five Thousand, Four Hundred Dollars ($5.400.- 00) for the County Officers ~~.; provided, further that no salary shall be set at a figure lower than that paid for the Calender Year 1946.” [Emphasis added throughout.)Hon. D. E. McGlasson, Jr., page 2 (V-1260) -.,

.Randall County had apopulation in 1948according tothe 1940Federal census of 7,185inhabitants. Therefore, the office of district clerk was not in existence by virtue of Section 20 ofArticle V. Constitution of Texas, and Article 1903,V.C.S. For this reason, Article 3912g. V.C.S.. authorizing an increase in compensation in an additional amount notto exceed 25% ofthe sum allowed under the law for the fiscal year 1948,‘cannot be applicable tothe District= ofRandall County.

Itis noted that the only limitation on the salaries tobe paid county officers governed by Article 3912e-12 is “that no salary fixed herein by such Commissioners Court shall be in an amount to exceed Five Thousand, Four Hundred Dollars ($5.400.00). for the County Officers ~~eprovided,, further that no salary shall be set at afigure lower than that paid for the Calendar Year 1946.”

Since the office of District Clerk qfRandall County was not in existence in 1946for the reasons stated above, it is our opinion that the underlined proviso ofArticle 3912e-12 is not applicable totheDistrict Clerk, and we know ofno other provision which prescribes ,aminimum salary for such officer, You are therefore advised that the amount of salary tobe paid the District Clerk ofRandall County is left tothe sound discretion ofthe commissioners’ court, provided, such salary shall be in an amount not to exceed $5400.00 per annum. See Att’y Gen. Ops. O-2981 (1941)and V-749 (1948). SUMMARY The Commissioners0 Court ofRandall County is authorized to set the salary ofthe district clerk at any amount not toexceed $5400 per annum. Art. 3912e-12. V.C.S,

APPROVED: Bruce Allen County Affairs Division Everett Hutchinson Executive Assistant Charles D. Mathews First Assistant Yours very truly, PRICE DANIEL Attorney General

Assistant -.