October 17, 1951

,- Hon. StewartW. Hellman OpinionNo. v-1320

Criminal DistrictAttorney Fort Worth, Texas Re: Presentmaximum compensation of county officials in Tarrant Dear Sir: County

You have requested an opinion on themaximum compensationof the county judge, sheriff, criminal district attorney, district clerk, county clerk, assessor-collectorof taxes, county treasurer,and judge of the county court at law of Tarrant County.

Tarrant County has a population,according to the 1950 Federal Census, of 361,253 inhabitants. Therefore, the compensation of the county judge, sheriff, criminal district attorney, district clerk, county clerk, and assessor-collectorof taxes is governed by the provisions ofArticles 3912e-11 and 3912g, V.C.S.

Section 2 ofArticle 3912e-11 provides in part:

"TheCounty Judge, Sheriff,DistrictAttorney, Criminal DistrictAttorney, District Clerk, County Clerk, and the Assessor-Collector of Taxes of such counties shall each receive a salary of Seven ThousandA Seven Hundred Dollars ($7,701)) per annum.

Under the above quoted provision, the county judge, sheriff, criminal district attorney, district clerk, county clerk, and assessor-collector of taxes are entitled to a base compensationof $7,700 per annum.

Section 1 ofArticle 3912g authorizes an additional increasenot to exceed 25% of the sum allowed under the law for the fiscal year of 1948. Since Tarrant County had a population of 225,521 inhabitants according to the 1940 Federal Census, the compensat!on of the county judge, sheriff, criminalHon. StewartW. Hellman, page 2 (V-1320)

district attorney, district clerk, county clerk,and assessor-collectorof taxeswas governedby Article 3883g which provides:

"Section 2. The County Judge, Sheriff, DistrictAttorney, or CriminalDistrictAttorney, as the casemay be, District Clerk, County Clerk, and Assessor and Collector of Taxes shall receive a salary of not less than Seven Thousand,Four Hundred Dollars ($7,400)per annum from,,the Officers Salary Fund, in such counties.
Therefore, underArticle 3912g, the comissioners' courtwas authorized to grant an increasenot to exceed $I.,850 (25% of $7,400). You are therefore advised that themaximum compensationwhich may be paid the county judge, sheriff, criminal district attorney, district clerk, and county clerk of Tarrant County is $9,550 ($7,700 plus $1,850). The maximum compensation for the assessor-collectorof taxes is $9,550 ($7,700 plus $1,850) plus the compensationprovided for in Section 57 ofArticle 1436-1,V.P.C., as amended by Senate Bill 271,Acts 52nd Le ., 1951, ch. 368, p. 520. See Att'y Gen. Op. V-1294 "i 1951). Compensation of the county treasurer of Tarrant County is governed by the provisions of Section 5 of House Bill 265,Acts 52nd Leg.,R.S, 1951,. ch. 391, p. 675,which provides as follows:

"In each county in the State of Texas having a population of at least threehundred thousandand one (300,001)inhabitants,
or more, according to the last preceding Federal Census, the Commissioners'Court shall fix the salary of the county treasurer at any reasonable sum providing such salary is not less than Forty-eightHundred Dollars ($4800)."

The commissioners'court of Tarrant County may therefore set the salary of the county treasurer at any reasonable sum provided such salary shall not be less than $4,800 per annum. Att'y Gen. Op.V-1216 (1951). Compensation of the judge of the county court at law of Tarrant County is governed by the provisions ofArticles 1970-336 and 3912g, V.C.S. Under Article 1970-336, the judge of the county court at law OfHon. StewartW. Hellman, page 3 (V-1320)

Tarrant County is entitled to the base compensation of $7,400 per annum. Section 1 ofArticle 3912g authorizes the additional increasenot to exceed 25s of the sum allowed under the law during the fiscal year of 1948. The judge of the county court at law of Tarrant County was entitled to themaximum compensation in 1948 of $6,000 per annum. Article 3912e-1. Under Article 3912g, the judge ofthe county court at law of Tarrant County is entitled to an increasenot to exceed $1,500 (258 of $6,000). You are therefore advised that themaximum compensation of the 'udgeof the county court at law of Tarrant County is ($7,400plus $1,500). 48,900

SUMMARY

The maximum compensationwhich may be paid the county judge, sheriff, criminal district attorney, district clerk, and county clerk of Tarrant County is $9,550. Arts. 3883g and 3912g,V.C.S. The maximum compensationwhich may be paid the assessorcollector of taxes is $9,550 ($7,700plus $1,850)plus the compensationprovided for in Section 57 ofArticle 1435-1,V.P.C.

The maximum compensationwhich may be paid the judge of the county court at law of Tarrant County is $8,900. Arts. 1970-336 and 3912g, V.C.S.

The commissioners'court of Tarrant Countymay set the salary of the county treasurer at any reasonable sum providing such salary shall not be less than $4,800 per arm-m. H. B. 265,Acts 52nd Leg.,R.S. 1951, ch. 391, P. 675.

APPROVED: Yours very truly,

J. C. Davis, Jr. PRICE DARIEL County Affairs Division Attorney General

Jesse P1 Luton, Jr: Reviewing Asdistant BY Everett Hutchinson Fk John Reeves Executive Assistant Assistant

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