THE 

## ATTO NEYGENERAL

Hon. Robert S. Comptrollerof Austin, Texas

Dear Sir: 

### OIFTEXAS
AUSTIN, TEXAS
October 1, 1949

Calvert OpinionNo. V-920 Public Accounts Re:

Referenae Is made to your request **for** an oplnSalary of district judges and crlmlnal district judges during currentbiennium beginningSeptember 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-firstLegislature,this Department sent the enclosed form letter to all the district judges of this State explalnlng the situationregarding the salary the dletrlct judgeswould reoelve f'ra the State beginningSeptember 1, 1949 +%d extendingthrough October 4, 1949. It was our constructionthat House Bill Humber 207 was a nlnety day bill and will not come erreotlveuntil October 5, 1949. It was further the conatruotloaof this Departmentthat said House Bill Number 20'7 was not retroactive,and that dlatrict judgeswould 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 681ga

### 4 R.C.S. "We now have a letter brief from the district judges of the Tenth Judiclal~Dlatrlct and from the Fifty-sixthJudicial District to the errect that House Bill llwnber 207 Is retroactiveIn nature, and that on October 5, 1949, this Department would be authorizedto Issue warrant in payraent

of salaries to district judges on a rate of $7,000.00per 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 Departmentwhether or not House Bill Rumber 207 Is retroactiveIn nature and whether or not after Its errectlvedate on October 5, 1949, this Departmentwould be authoris-~ ed to lasue warrant to pay the district judges salariesat the rate or $7,000.00 per annum for the period beginningSeptember 1 1949 and extendingthrough October 4, 1949. “There Is no question about the salary after October 5, 1949. There Is also no question or controversyover the apprzprlation for the payment of this salary. The pertinentprovisionsof 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 severalDistrict 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 containedan emergencyclause and uas adoptedby both Housesby the necessary two-thlrdsvote af all the members elect.ed,to each House and approvedby the GovernorMarch 18, 1947,whereupon it became effective. Tex.Const.Art.111, Sec.39. The pertinentprovisionsof' House Bill Ho. 207, Acts 51at Legislature,Chapter 328, page 614 (Art.6819a6, V.C.S.), are:

"Section1. From and aiter August 31, 1949,

. . . (c) The Judges or the several District Courts of' the State of Texas and of the CrlmlnalDistrict 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 DlstrlatJudge 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 JuvenileBoard. 'Sec. 2. SenateBill 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 provisionsof 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 approvedby the Qovernor June 6, 1949. Julf 6, 1949. The 51st Legislatureadjournedon

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 contentionmade In the brief is that when thLs Act does become erreotlve It will, In so far a8 these salariesare concerned,relate back to and become operative on September 1, 1949 ior such was the intentionof the Legislature. We do not deem It necessary toLpasaupon the question raisedby 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 appropriationfor the SUQQOl’t and mlntenance of the Judlclary or the State of Texas for the blennitsa beglnnlng September1, 1949, and ending August 31, 1951

. . . suspending all laws in conflictherewith

. . . and deolarlngan 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:

"Salariesor 136 Dlstrlet Judges and CrlmlnalDistrict Judges at $7,000per YearHon. 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 suspendedfor the period of the biennium for which this appropriationla made." The.rule Is that laws cannot be amended or repealed by general appropriation bills when suoh changes constitutea separateand additionalsubject or purpose. (Art. III, See .35, Texas Const.). However, this does not apply to the provisionsof House Bill 320 now under consideration. subject. They relate to and comprisea single

Since both the title and body of Rouse Bill Ho. 320 provide for the suspensionof all laws in coufllct with Its provisions,and the fact that the suspension of such laws Is Incidentalto Its subject (a~- proprlatlons),Includingaalarles of district judges and criminaldistrict judges,we are not prepared to say that the provisionsof Section $3 do not have the effect of suspendingthe provisionaof Senate Bill No. 11, Acts 50th Legislature,for the peribd of the bienniumbeginning September 1, 1949.

You are thereforeadvised It Is the opinion of this orrlce that the salaries or district judges and crlmlnaldistrict judgeshave been fixed by the Leglslature at $7,000 per annum for the currentbiennium,beginning September 1, 1949, payable In twelve equal monthly Installments,

as provided in House Bill lo. 320. SUMl4ARY The Legislaturehas, fixed the salaries or district judges and orUlna district judges ror the bienniumbeglnnlng September 1, 1949, at ,$7,000, per annum, payable In twelve equal monthlyHon. 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