THE ATTO NEYGENERAL 

Hon. Robert S. 

Comptroller of 

Austin, Texas 

Dear Sir: 

OIFTEXAS 

AUSTIN, TEXAS 

October 1, 1949 

Calvert Opinion No. V-920 

Public Accounts 

Re: 

Referenae Is made to your request for an oplnSalary of district 

judges and crlmlnal 

district judges during current biennium 

beginning September 

1, 1949. 

Ion which, in part, reads as follows: 

"Upon the passage of House Bali Humber 207, Act8 of the Regular Seeslou of the 

Fifty-first Legislature, this Department 

sent the enclosed form letter to all the 

district judges of this State explalnlng 

the situation regarding the salary the 

dletrlct judges would reoelve f'ra the 

State beginning September 1, 1949 +%d 

extending through October 4, 1949. It 

was our construction that House Bill Humber 207 was a nlnety day bill and will 

not come erreotlve until October 5, 1949. 

It was further the conatruotloa of this 

Department that said House Bill Number 

20'7 was not retroactive, and that dlatrict judges would be paid the period 

beglnnl 

3 

from September 1, 1949, through 

October 1949, a salary at the rate of 

$6,000.00'per annum under Article 681ga4 R.C.S. 

"We now have a letter brief from the 

district judges of the Tenth Judiclal~Dlatrlct and from the Fifty-sixth Judicial 

District to the errect that House Bill 

llwnber 207 Is retroactive In nature, and 

that on October 5, 1949, this Department 

would be authorized to Issue warrant in 

payraent of salaries to district judges on 

a rate of $7,000.00 per annum covering the 

period from September 1st through October 
Hon. Robert S. Calvert, page 2 (V-920) 

5th. 

"I shall thank you to advise this Department whether or not House Bill Rumber 

207 Is retroactive In nature and whether 

or not after Its errectlve date on October 

5, 1949, this Department would be authoris-~ 

ed to lasue warrant to pay the district 

judges salaries at the rate or $7,000.00 

per annum for the period beginning September 1 1949 and extending through October 

4, 1949. 

“There Is no question about the salary after October 5, 1949. There Is also 

no question or controversy over the apprzprlation for the payment of this salary. 

The pertinent provisions of Section IX of Senate Blll MO. 11, Acts 

42, page 54 (Art. 

1 47, 

6819a- B 

50th Legislature, Chapt.er 

, V.C.S.), read as follows: 

"From and after ,August 31, 1947, . . . 

The Juk@ee. of the several District Courts 

or the State 0r Texas and of the Criminal 

District Courts or this state shall each 

be paid an annual salary of Six Thousand 

($~,ooo.oo) Dollars." 

This Act contained an emergency clause and uas 

adopted by both Houses by the necessary two-thlrds vote 

af all the members elect.ed,to each House and approved by 

the Governor March 18, 1947, whereupon it became effective. Tex.Const.Art.111, Sec.39. 

The pertinent provisions of' House Bill Ho. 207, 

Acts 51at Legislature, Chapter 328, page 614 (Art.6819a6, V.C.S.), are: 

"Section 1. From and aiter August 

31, 1949, . . . (c) The Judges or the several District Courts of' the State of Texas 

and of the Crlmlnal District Courts of 

this State shall each be paid an annual 

salary of Seven Thousand Dollars ($7,000). 

"(a) The salaries of all the Justices and Judges In this Section shall 

be paid in equal monthly Installments. 
Hon. Robert S. Calvert, page 3 (V-920) 

"(e) Each District Judge in this State 

shall be paid an annual salary of Seven.Thousand Dollars ($7,000) from State funds, provided that no Dlstrlat Judge shall receive 

as supplemental pay thereto frcuu auy oountJr 

funds a sum In excess 0r Twenty-nine ,Xundred Dollars ($2,900) per album for services 

rendered as a member of a Juvenile Board. 

'Sec. 2. Senate Bill lfo. 11, Chapter 

42, page 54, Acts or the Flitlath Legislatare and all laws and part8 0r laws in oonfilet with this Act, are hereby repealed." 

Section 3 declares the provisions of the Act 

to be severable. Section 4 Is an emergency clause. 

Houee Bill Ho. 207 paeaed the Houae~ on -~a, 

1949, by a vote of 94 yeae; passed the Senate oa J&y 26, 

1949, by a vote of 20 yeas, and was approved by the Qovernor June 6, 1949. 

Julf 6, 1949. 

The 51st Legislature adjourned on 

In the brief mentioned In xour request, It is 

admitted that House Bill 207 does not beoom ~eifectlve 

until October 5, 1949. We agree with that admfaslon. 

!Phe only contention made In the brief is that when thLs 

Act does become erreotlve It will, In so far a8 these 

salaries are concerned, relate back to and become operative on September 1, 1949 ior such was the intention of 

the Legislature. We do not deem It necessary toLpasa upon the question raised by this oontentlon, for reasons 

hereafter stated. 

The title of House Bill Ho. 320, Acts 51st Legislature, Chapter 585, among other things not pertinent 

to TIIW question, reads: 

"An Act making an appropriation for 

the SUQQOl’t and mlntenance of the Judlclary or the State of Texas for the blennitsa beglnnlng September 1, 1949, and 

ending August 31, 1951 . . . suspending 

all laws in conflict herewith . . . and 

deolarlng an emergency." 

Item 1 of House Bill 320, page 1166, m&as a 

appropriation or $952,000 ror each year of the ourrent 

blennlum to pay: 

"Salaries or 136 Dlstrlet Judges and 

Crlmlnal District Judges at $7,000 per Year 
Hon. Robert S. Calvert,, page 4 (V-920) 

whloh shall include 118th and 134th Dlstricts.g 

Section 9 oi the general rldelrs attached to 

House Bill lo. 320 proyldea: 

"All laws and parts of laws In conflict herewith are hereby suspended for 

the period of the biennium for which this 

appropriation la made." 

The.rule Is that laws cannot be amended or repealed by general appropriation bills when suoh changes 

constitute a separate and additional subject or purpose. 

(Art. III, See .35, Texas Const.). However, this does 

not apply to the provisions of House Bill 320 now under 

consideration. 

subject. 

They relate to and comprise a single 

Since both the title and body of Rouse Bill 

Ho. 320 provide for the suspension of all laws in coufllct with Its provisions, and the fact that the suspension of such laws Is Incidental to Its subject (a~- 

proprlatlons), Including aalarles of district judges and 

criminal district judges, we are not prepared to say that 

the provisions of Section $3 do not have the effect of 

suspending the provisiona of Senate Bill No. 11, Acts 

50th Legislature, for the peribd of the biennium beginning September 1, 1949. 

You are therefore advised It Is the opinion 

of this orrlce that the salaries or district judges and 

crlmlnal district judges have been fixed by the Leglslature at $7,000 per annum for the current biennium, beginning September 1, 1949, payable In twelve equal monthly Installments, as provided in House Bill lo. 320. 

SUMl4ARY 

The Legislature has, fixed the salaries or district judges and orUlna 

district judges ror the biennium beglnnlng September 1, 1949, at ,$7,000, per 

annum, payable In twelve equal monthly 
Hon. Robert S. Calvert, page 5 (V-920) 

Installments. H.B. N0.320, Acts 51st Leg., 

Ch. 585, p.1160, et seq. 

Yours very truly, 

ATTORNE!?OEllERALOFTE]LAs 

BWB:wb:erc:mw 

/!L 4.55 I 

BY p-9 

Bruce W. Bryant 

Assistant