THE ATTORNEY GENERAL 

OF TEXAS 

February 5, 1990 

Honorable James M. Kuboviak 

Brazos County Attorney 

Brazos County Courthouse 

Bryan, Texas 77003 

Opinion No. JM-1140 

Re: Whether newly imposed 

limitations on a district 

judge's salary affect his 

compensation for service on 

a county juvenile board 

(RQ-1818) 

Dear Mr. Xuboviak: 

You ask whether limitations placed on a district 

judge's salary by the 71st Legislature affect the judge's 

compensation for service on a county juvenile board. 

Section 3(b) of article 6813b, V.T.C.S., as amended by 

House Bill 101, 71st Leg., ch. 1258, 8 1, at 5073, effective 

September 1, 1989, provides for the salaries of district 

judges, as follows: 

Judges of the district courts of this 

State shall each be paid by the State an 

annual salary that is five percent less than 

the salary provided in the General 

Appropriations Act for a justice of a Court 

of Appeals. Unless otherwise provided by 

law, the combined salarv of each of the 

district iudaes from all State and c u tv 

sources mav not exceed the amount that nis 

S2.000.00 less than the alarv nrovided for a 

justice of the Sunreme CEurt. To the extent 

of any conflict, the salary differential 

provided for the combined salary of district 

judges provided by this subsection prevails 

over any differential set by Chapter 32, 

Government Code. (Emphasis added.) 

Section 152.0271 of the Human Resources Code (formerly 

sections 1, 2, 4, and 8a of article 5139EEEEE, V.T.C.S.), 

provides for the membership of the Brazes County Juvenile 

Board and compensation to be paid members of the board. 

Subsection (d) provides: 

p. 6005 
Honorable James M. Kuboviak - Page 2 (JM-1140) 

The commissioners court shall pay the 

judges on the juvenile board an annual salary 

set by the commissioners court at not less 

than $600 nor more than $1,200. The commissioners court shall pay the public member of 

the board an annual salary set by the commissioners court at not more than $600. The 

salaries shall be paid in equal monthly 

installments from the general fund or any 

other fund of the county. 

Section 152.0003 of the Human Resources Code (as well as 

section 4 of former article 5139EEEEE, V.T.C.S.), provides 

that the compensation to a judge serving on a juvenile board 

is in addition to all other compensation provided or allowed 

by law for a judge. 

Section 152.0271(d) provides that the compensation paid 

a judge for service on the county juvenile board is to be 

paid out of the general fund or any other available fund of 

the county.. The provision in House Bill 101 limiting a 

district judge's salary to an amount that is five percent 

less than the salary provided in the General Appropriations 

Act for a justice of the court of appeals imposes no 

restriction on the amount paid the district judge from 

county funds. However, House Bill 101 does limit the 

combined salary of a district judge from all state and 

county sources to a sum not to exceed the amount that is 

$2,000 less than the salary provided for a justice of the 

Supreme Court. 

Attorney General Opinion H-123 (1973) concluded that 

the compensation paid the judges of Travis County for 

service on the county juvenile board came within the limitations imposed upon compensation collected for service as a 

judge. The opinion suggested to permit a judge to hold two 

offices, one on a juvenile board and the other as a judge, 

for each of which he would be compensated, would run afoul 

of sections 33 and 40 of article XVI of the Texas Constitution. Attorney General Opinion H-461 (1974) concluded that 

the $1,200 per annum paid the district judge in Winkler 

County was for service rendered as a judge and came within 

the limitations imposed upon compensation allowed for the 

judge. 

You suggest that the words "unless otherwise provided 

by law" preceding the limitation imposed on a district 

judge's salary in House Bill 101 may evidence a legislative 

intent to exclude compensation the commissioners court pays 

a judge for service on the county juvenile board in determining the limitation. It is expressly provided that this 

subsection prevails over any differential set by chapter 32 

p. 6006 
Honorable JamesN. Kuboviak - Page 3 (JM-1140) 

of the Government Code. Section 32.021 of the Government 

Code provides that the Commissioners Court of Brazos County 

shall pay the district judges in Brazos County a specified 

amount as supplemental salary in addition to the salary 

paid by the state. While it may be urged that the limitation only prevails over any supplemental pay authorized by 

chapter 32, this position overlooks the fact that the 

limitation includes the combined salary from all state and 

county sources. While the pay authorized for service on the 

county juvenile board is not found in chapter 32, it is 

clearly a part of the combined salary paid the judge from 

county and state sources. Historically, the payment to 

judges for service on the juvenile board has been considered 

compensation for service rendered as a judge and has come 

within the limitations imposed upon compensation allowed a 

judge. We do not believe the words "unless otherwise 

provided by law" reflect an intent on the part of the 

legislature to exclude compensation paid a judge for service 

on a juvenile board from the limitations it has placed on a 

judge's combined salary from all state and county sources 

absent an express exemption to that effect. 

SUMMARY 

The compensation paid a district judge by 

the Commissioners Court of Brazos County for 

service on the county juvenile board is a 

part of the judge's combined yearly salary 

from state and county sources and enters into 

the determination of the amount of salary the 

judge may receive. 

Very truly yo J im b 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

/h Prepared by Tom G. Davis 

Assistant Attorney General 

p. 6007