Hon. John R. Shook 

Criminal District Attorney 

Opinion NO. o-5682 

Re: 

Bexar County 

Salaries to be paid to 

juvenile officers and assistSan Antonio, Texas ant juvenile officers in 

Attention: 

Bexar County. 

Mr. Jay Sam Levey: 

Dear Sir: 

Your letter of October 18, 1943, requesting the opinion of this department on the question stated therein reads, 

in part, as follows: 

"A question has arisen as to the compensation allowed 

juvenile officers and we have been requested to secure an 

opinion from you relative thereto. 

What are the limitations of salaries to be paid to 

juvenile officers in Bexar County, having a population 

of 338,176 inhabitants according to the 1940 Federal 

Census? 

"Article 5142 of the R.C.S. of Tex., as amended, being Acts of 1937, 45th Legislature, p. 545, ch. 269, Section 1, provides that the salaries of assistant juvenile 

officers shall be the same as that fixed by the General 

Law in Article 3902 of the R.C.S. of Tex., 1925, for assistants to other county officials. 

"Article 3902 was amended a number of times and no 

longer applies to counties having a population in excess 

of 190,000 inhabitants. 

by Article 3912e, 

Such counties are now governed 

of which subdivision h provides that a 

first assistant or chief deputy shall be compensated not 

to exceed $3500.00 per annum, one assistant or deputy not 

to exceed $3000.00 per annum and other assistants, deputies and employees not to exceed $2400.00 per annum. 

There is a further proviso that chief clerks or chief 

deputies in countv and district offices shall receive not 

less than $3000.00 per annum, each, and heads of departments not less tnan $25OO.OO per annum, each." 

Bexar County has a population of 338,176 inhabitants 

according to the 1940 Federal Census. Article 5142, Vernon's 
Hon. John R. Shook, page 2 (O-5682) 

Annotated Civil Statutes, provides, in part: 

11* * * 

"Provided that in counties having a population of one 

hundred and fifty thousand (150,000) or more, and containing a city of one hundred thousand (100,000) or more, the 

County Judge may appoint a juvenile officer, subject to 

the approval of the County Juvenile Board, to serv,e for a 

period not to exceed two (2) years from the date 'of appointment, and whose extra duties 'shall be to make 'investigations for the Commissioners Court on applications for 

charity, or admittance into detention homes or orphan homes 

created by such counties. The salary of such juvenile officer shall not exceed Three Hundred Dollars ($300) per 

month, his allowance for expenses not to exceed Two,Hundred 

Dollars ($200) a year. Such juvenile officer may select 

assistant juvenile officers, subject to the approval of the 

County Judge and County Juvenile Board, the number of such 

assistant juvenile officers'not to exceed one assistant to 

each twenty-five thousand (25,000) population. Thk salaries of such assistant juvenile officers shall be the same 

as that fixed by the General Law in Article 3902. of the 

Revised Civil Statutes of Texas. 1925. for assistants to 

other county officials; Such assistant juvenile officers 

may be allowed expenses not to exceed Two Hundred Dollars 

($200) per year each." (Emphasis supplied) 

Article 5142, supra, was enacted as a Civil Statute 

by the 36th Legislature, Second Called Session, 1919. (S.B. No. 

48, Ch. 51, ,p. 130, General Laws) Apparently, Senate Bill No. 

48, supra, was substantially the same as Article 1202, Vernon's 

Annotated Code of Criminal Procedure, 1911, which was held void 

as to the appointment of salaried,,probation officers in the case 

of Walsh v. McConnell (Tex.Com. of App.) 273 S.W. 833. Article 

5142, Revised Civil Statutes of 1925 was amended by Senate Bill 

No. 138, Acts of the 40th Legislature, Regular Session, 1927. 

This Act (S.B. 138, supra) was held void as ,to the appointment 

of salaried probation officers by the Supreme Court in the case 

of Hamrick v. Simpler, 95 S.W.(2d) 3,57. Article 5142 of the 

Revised Civil Statutes of Texas of 1925, as amended by Acts of 

the 40th Legislature, 1927, was again amended by H.B. No. 146, 

Acts of the 45th Legislature, Regular Session, 1937. The above 

quoted provision of Article 5142 as it now appears in said Article was contained in both the 1927 and 1937 Acts. It will be 

noted that the foregoing provision of Article ,5142 expressly 

provides that the salary of~,the juvenile officer shall not exceed $300 per month and his allowance,for expenses not to exceed $200 a year. Said provision also expressly provides that 

the salary of assistant juvenile officers shall be the same as 
Hon. John R. Shook, page 3 (O-5682) 

that fixed by the General Law in Article 3902, of the Revised 

Civil Statutes of Texas, 1925 for assistants to other county 

officials. Therefore, we must look to Article 3902 of the 

Revised Civil Statutes of Texas, 1925, to determine the amount 

of compensation to be paid assistant,juvenile officers. 

Article 3902, of the Revised Civil Statutes of Texas, 

1925, is a statute, among other things, prescribing the maximum 

compensation which may be allowed for deputies or assistants to 

officers named in Article 3883 for their services. The juvenile 

officer is not named in Article 3883. However, Article 5142, 

as heretofore stated, expressly provides that the salaries of 

such assistant juvenile officers shall be the same as that fixed 

by the General Laws in Article 3902, of the Revised Civil Statutes of Texas, 1925, for assistants to other county officials. 

The applicable portion of Article 3902, of theRevised 

Civil Statutes of Texas, 1925, reads as follows: 

Vrovided, that in counties having a po$iiationin excess of one hundred thousand inhabitants the maximum compensation that may be allowed such deputies or assistants 

for their services shall be as follows, to-wit: 

"First assistant or chief deputy not to exceed twentyfour hundred dollars per annum, provided the commissioners' court may increase said amount to not exceed to rate 

of three thousand dollars per annum, where a necessity 

therefor is shown, and where the person to be appointed has 

been previously the head of a department for not less than 

one year, or has been in the continuous service of~the 

county for a period of not less than two years. 

"Head of departments may be allowed by the court, 

when in their judgment such are necessary, not to exceed 

a rate of twenty-four hundred dollars per annum, when such 

heads of departments sought to be appointed shall have previously served the county for not less than two continuous 

years. Other heads of departments shall receive not to 

exceed twenty-one hundred dollars per annum; provided, that 

no head of a department shall be created except where the 

person sought to be appointed is to be in actual charge 

thereof, with deputies or assistants under his supervision, 

or a department approved by the court and only in offices 

capable of a bona fide subdivision into departments. 

"Deputies or assistants other than those above provided for may be allowed, the number to be determined by 
Hon. John R. Shook, page 4 '(O-5682) 

the commissioners' court, and their salaries based as far 

as possible on a graduated scale according to service, 

ability and qualifications. Fifty per centof the number 

so appointed may be authorized at a rate not to exceed 

twenty-one hundred dollars per annum, provided such rate 

shall be allowed only to deputies in service for two years 

or more, and all other so appointed at a rate not to exceed eighteen hundreds dollars per annum. 

"Provided further, that in determining the number of 

inhabitants in each of the instances heretofore mentioned, 

the number of inhabitants as shown by the last United 

States census shall control. 

In view of the foregoing statutes, you are respectfully advised that the salary of the juvenile officer~of Rexar 

County cannot legally exceed the sum of $300 per month, and his 

allowance for expenses cannot legally exceed the sum of $200 

per year. (Article 3142) It is our further opinion that the 

salaries of assistant juvenile officers are expressly fixed by 

Article 3902, of the Revised Civil Statutes of Texas, 1925. 

Stated another way, the maximum compensation of the assistant 

juvenile officers cannot exceed the amounts set forth in Article 

3902, of the Revised Civil Statutes of Texas, 1925. 

We have carefully considered Subsection h, Section 

19, Article 3912e, Vernon's Annotated Civil Statutes, and it 

is our opinion that this statute has no application to the question under consideration in that Article 5142, supra, expressly 

provides that the compensation of assistant juvenile officers 

shall be the same as that fixed by the General Laws in Article 

3902, of the Revised Civil Statutes of Texas, 1925, for assistants to other county officials. It is true that Article 3902 

has been amended several times and is not now applicable to 

counties containing a population of more than one hundred and 

ninety thousand inhabitants, according to the last Federal Census . However, Article 5142, supra, has not been amended with 

reference to the above quoted provision fixing the compensation 

of assistant juvenile officers. Article 5142, supra, in fixing 

the compensation of assistant juvenile officers merely used 

Article 3902 of the Revised Civil Statutes of Texas, 1925, as a 

yardstick to determine ,the maximum compensation that could be 

paid such assistant juvenile officers, and as heretofore stated, 

it is our opinion that the maximum compensation of such assistant juvenile officers cannot exceed the amounts set forth in 

Article 3902, of the Revised Civil Statutes of Texas, 1925. 
1 - 

Hon. John R. Shook, page 5 (O-5682) 

In connection with the foregoing conclusion, we want 

to point out that it is well established ir this State that 

"an officer may not claim or reach any money without a law authorizing him to do so, and clearly fixing the amount to which 

he is entitled." (Tex.Jur., Vol. 34, p. 507) 

It is stated in Texas Jurisprudence, Vol. 34, p. 508: 

"Statutes prescribing fees for public officers are 

strictly construed; and hence the right to fees may not 

rest in implication. Where this right is left to construction, the language of the law must be construed in favor 

of the government. 

structions, 

Where a statute i,s capable of two conone of which would give an officer compensation for his services in addition to hits salary, and the 

other not, the latter construction should be adopted. It 

is no concern of an officer that the Legislature may have 

been toward other officers more liberal than toward him 

in the matter of compensation for services; nor does this 

fact justify the courts in upholding his claim. for compensation for services as against a fair and reasonable interpretation of the statute. 

n * * *u 

Article 3902, Vernon's Annotated Civil Statutes, is a 

general statute applicable to counties having a population of 

190,000 inhabitants or less, authorizing district, county or 

precinct officers of such counties to appoint deputies, assistants or clerks in the manner prescribed therein and said statute fixes the maximum compensation of such deputies, assistants 

or clerks. Article 5142, supra, is a "reference statute" as it 

refers to Article 3902 of the Revised Civil Statutes ofTexas, 

1925, for the purpose of determining the maximum compensation 

of assistant juvenile officers. Article 5142 is a statute authorizing the appointment of assistant juvenile officers and 

prescribes the mode of making such appointments and said statute also prescribes the maximum compensation of such assistants 

by stating "that the salaries of such assistant juvenile officers shall be the same as that fixed by the General Laws in 

Article 3902, of the Revised Civil Statutes of Texas, 1925, for 

assistants to other county officials." Generally speaking, it 

is well established that a statute giving authority to do a 

particular thing, and prescribing the mode of doing it is mandatory in the sense that all other modes are excluded. (Weaver 

v. Robinson, 268 S.W. 133; Ellis v. Holcombe, 69 S.W.(2d449) 

Therefore, as heretofore stated, the maximum salary of the juvenile officer of Bexar County cannot legally exceed the sum of 

$300 per month, and his allowance for expenses cannot legally 
- . 

Hon. John R. Shook, page 6~' (O-5682) 

exceed the amount of $200 per year. The maximum salaries of 

the assistant juvenile officers are expressly fixed by Article 

3902, of the Revised Civil Statutes of Texas, 1925. 

Yours very truly 

ATTORNEY GEMERAL OF TEXAS 

BY /s/ Ardell Williams 

Ardell Williams, Assistant 

APPROVED OCT 29, 1943 

/s/ Grover Sellers 

FIRST ASSISTABT ATTORNEY GENERAL 

APPROVED: OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

AW:EP:wb 

Encl.