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 to the 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 to compensate its county officers on a salary basis. Therefore, the compensation of the 

district clerk is governed by the provisions of Article 3912e-12, 

V.C.S. Att’y Gen. Op. V-457 (1947). 

Article 3912e-12, V.C.S., provides: 

?n all counties of this State having a population of less than twenty thousand (20.000), according 

to the last preceding Federal Census, and in which 

counties the Commissioners Courts have determined 

that the county officials shall be compensated on a 

salary basis, such Commissioners Courts are authorized to fik 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 a population in 1948 according 

to the 1940 Federal census of 7,185 inhabitants. Therefore, 

the office of district clerk was not in existence by virtue of 

Section 20 of Article 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 

not to exceed 25% of the sum allowed under the law for the 

fiscal year 1948,‘cannot be applicable to the District= 

of Randall County. 

It is noted that the only limitation on the salaries 

to be 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 ~ ~ e provided,, 

further that no salary shall be set at a figure lower than that 

paid for the Calendar Year 1946.” 

Since the office of District Clerk qf Randall County 

was not in existence in 1946 for the reasons stated above, it 

is our opinion that the underlined proviso of Article 3912e-12 

is not applicable to the District Clerk, and we know of no other 

provision which prescribes ,a minimum salary for such officer, 

You are therefore advised that the amount of salary 

to be paid the District Clerk of Randall County is left to the 

sound discretion of the 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 of Randall County 

is authorized to set the salary of the district clerk 

at any amount not to exceed $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 

-.