. . 

Honorable Henry Wade 

District Attorney 

Records Building 

Dallas, Texas 75202 

Dear Mr. Wade: 

Opinion No. C-505 

Re: Construction of House Bill 

546, Acts of the 59th Legischaptei lature ~~~l~~g~e~~:on;:o~965, 

piled In Ve&on's as irticle 

2326~1, Vernon's civil StatutesT 

Your request for an opinion asks the following question: 

"If the District and County Judges of Dallas 

County, Texas, raise the salaries of their respective Court Reporters to the maximum amount allowed 

by H. B. 546, Ch. 371, Acts of the 59th Legislature, 

codified aa Article 2326&i, is It mandatory upon 

the Commissioners Court of Dallas County, Texas, to 

provide the necessary funds to pay the Increased 

salaries of the aforementioned Court Reporters?" 

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 shall be fixed by the judge of the 

court in which such reporter serves at not less than 

Six Thousand Dollars ($6,000) per annum and not more 

than Eleven Thousand Five Hundred Dollars ($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 In which such court reporter 

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Hon. Henry Wade, Page two bC-505) 

serves shall be evidenced by 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 in which such court 

reporter serves. 

"Sec. 2. A certified copy of the order appointing such reporter and fixing the salary to 

be paid such reporter shall be transmitted to the 

commissioners court of such counties, who shall 

annually make 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 statements of fact and other 

fees," (Emphasis added). 

In construing similar revisions, It was held in Attorney 

General's Opinion V-707 (19487 that if a district judge sets the 

salary of a district court reporter in accordance with 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 Opinion V-707 is equally applicable to the 

provisions of Article 2326~-1, Vernon's Civil Statutes, involved in 

your request. Furthermore, It was held in Attorney General's Opinion v-857 that the commissioners court has the authority to amend 

the county budget to the extent to effectuate payment of salaries 

provided by an act of the Legislature, stating: 

"The grant of an express power by the Legislature gives with it by necessary Implication 

every other power necessary and proper to execution of the power expressly granted. Terre11 

v. Sparks, 104 Tex. 191, 135 S.W. 519 (lm 

Moon v. Allred, 277 S-by‘* 787 (Tex.Civ.App. 1925, 

writ dism.), 

"In view of the clear and unambiguous language of Senate Bill 92 it Is our opinion that 

it was the intention of the Legislature to grant 

to the Commissloners~ Court of every county the 

express power to allow the salary increases provided therein on the effective date of said Act. 

Since the Commissioners' Court of Bexar County has 

the express power to raise the salary of its county 

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. . 

Hon. Henry Wade, page three (C-505) 

officials within the limitations prescribed 

therein, it Is our opinion that the Commissioners' Court has the implied power to do 

those things necessary and proper to effectuate such salary~increases: to-wit, amending 

Its 1949 budget to the extent of providing 

for'such increases as it may determine to be 

necessary in accordance with the provisions 

of Senate Bill 92, Acts of the 51st Leglslature." 

The court, in Wichita County v. 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 reporters was not an unconstitutional delegation of 

power. 

You are therefore advised that the provisions requiring 

the commissioners court to pay the salaries of court reporters 

fixed by the judges, pursuant to the provisions of Article 2326&-l, 

are mandatory, and the commissioners court has the authority to 

amend its budget to effectuate the payment of the salaries so fixed. 

SUMMARY 

It Is mandatory that the commissioners 

court pay the salaries provided in 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, when fixed by the judges of 

the various courts in accordance with the provisions of Section 1 of Article 2326&-i, V.C.S. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

JR:ms 

John Reeves 

Assistant 

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Hon. Henry Wade, page four (C-505) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Dean Arrlngton 

Wade Anderson 

Bill Allen 

Ben Harrison 

APPROVED FOR THE ATTORNEY GENERAL 

By: To B. Wright 

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