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Honorable HenryWade District Attorney Records Building Dallas, Texas 75202

Dear Mr. Wade: OpinionNo. C-505

Re: Constructionof House Bill 546, Acts of the 59th Legislature chaptei ~~~l~~g~e~~:on;:o~965, piled InVe&on's as irticle 2326~1, Vernon's civil StatutesT

Your request for an opinion asks the followingquestion:

"If the Districtand County Judges of Dallas County, Texas, raise the salaries of their respective CourtReporters to the maximum amount allowed by H. B. 546, Ch. 371, Acts of the 59th Legislature, codified aa Article 2326&i, is Itmandatory upon the CommissionersCourt of Dallas County,Texas, to provide the necessary funds to pay the Increased salaries of the aforementionedCourtReporters?"
Sections 1 and 2 of House Bill 546, Acts of the 59th Legislature,Regular Session, 1965, Chapter 371, page 781, compiled in Vernon's as Article 2326&-i,Vernon's Civil Statutes, read as follows:
"Section 1. In all counties in the State of Texas having a population of 900,000 or more, according to the last preceding or any future Federal Census, the judge of each district court, civil or criminal, and the judge of each county court at law, civil or criminal, shall appoint an official shorthand reporter for such court. The compensation of such reporters shallbe fixedby the judge of the court inwhich such reporter serves at not less than Six Thousand Dollars ($6,000)per annum and not more than Eleven Thousand Five HundredDollars ($11,500) per annum, in addition to compensation for transcripts, statements of facts and other fees. The appointment of each such court reporter and the annual salary of such court reporter as fixed by the judge of the court Inwhich such court reporter

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serves shall be evidencedby an order entered in the Minutes of each such court,which appointment and the salary so fixed shall continue in effect from year to year unless and until changed by order of the judge of the court inwhich such court reporter serves.
"Sec. 2. A certified copy of the order appointing such reporter and fixing the salary to be paid such reporter shallbe transmitted to the commissioners court of such counties,who shall annuallymake provision for the payment of any such salary out of the general fund, the officers' salary fund, or out of such other fund as may be available for the purpose. The salaries of such reporters shall be paid In twelve (12)equal monthly installments,and shall be In addition to transcript fees, fees for statementsof fact and other fees," (Emphasisadded).

In construing similar revisions, It was held in Attorney General's OpinionV-707 (19487that if a district judge sets the salary of a district court reporter in accordancewith the provisions of Article 2326,Vernon's Civil Statutes, the commissioners court was required to pay the salary so set. The conclusion reached in Attorney General"s OpinionV-707 is equally applicable to the provisions of Article 2326~-1,Vernon's Civil Statutes, involved in your request. Furthermore, Itwas held in AttorneyGeneral's Opinion v-857 that the commissionerscourt has the authority to amend the county budget to the extent to effectuatepayment of salaries provided by an act of the Legislature, stating:

"The grant of an expresspower by the Legislature giveswith it by necessary Implication every otherpower necessary and proper to execution of the power expressly granted. Terre11
v. Sparks, 104Tex. 191, 135 S.W. 519 (lm Moon v. Allred, 277 S-by‘* 787 (Tex.Civ.App.1925, writ dism.),

"Inview of the clear and unambiguous language of Senate Bill 92 it Is our opinion that it was the intentionof the Legislature to grant to the Commissloners~ Court of every county the express power to allow the salary increasesprovided therein on the effectivedate of said Act. Since the Commissioners'Court of Bexar Countyhas the express power to raise the salary of its county

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Hon. HenryWade, page three (C-505)

officialswithin the limitationsprescribed therein, it Is our opinion that the Commissioners' Courthas the impliedpower to do those things necessaryand proper to effectuate such salary~increases:to-wit, amending Its 1949 budget to the extent of providing for'such increasesas itmay determine to be necessary in accordancewith the provisions of Senate Bill 92, Acts of the 51st Leglslature."
The court, in Wichita Countyv. Griffin, 284 S.W.2d 253, (Tex.Civ.App.1955, error ref. n.r.e.) held that a statute empowering district judges, within certain limits, to fix salaries of court reporterswas not an unconstitutionaldelegation of power.

You are thereforeadvised that the provisions requiring the commissionerscourt to pay the salaries of court reporters fixed by the judges,pursuant to the provisions of Article 2326&-l,
are mandatory, and the commissionerscourt has the authority to amend its budget to effectuate the payment of the salaries so fixed.

SUMMARY

It Ismandatory that the commissioners court pay the salariesprovided in House Bill 546, Acts of the 59th Legislature,Regular Session, 1965, Chapter 371, page 781, compiled inVernon's as Article 2326&-i,Vernon's Civil Statutes,when fixedby the judges of the various courts in accordancewith the provisions of Section 1 of Article 2326&-i,V.C.S.

Yoursvery truly,

WAGGONER CARR AttorneyGeneral

JR:ms John Reeves Assistant

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APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman Dean Arrlngton Wade Anderson Bill Allen Ben Harrison

APPROVED FOR THE ATTORNEYGENERAL By: To B. Wright

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