### 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 acounty 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 onacounty juvenile board.

Section 3(b) ofarticle 6813b, V.T.C.S., asamended by House Bill 101, 71st Leg., ch. 1258, 81,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 isfive percent less than the salary provided in the General Appropriations Act for a justice ofa Court ofAppeals. Unless otherwise provided by law, the combined salarv of each of the district iudaes from all State and cutv sources mav not exceed the amount that nis S2.000.00 less than the alarv nrovided for a justice ofthe 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 ofthe Human Resources Code (formerly sections 1, 2, 4,and 8a ofarticle 5139EEEEE, V.T.C.S.), provides for the membership ofthe Brazes County Juvenile Board and compensation to bepaid members of the board. Subsection (d)provides:

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The commissioners court shall pay the judges onthe juvenile board anannual salary setby the commissioners court atnot less than $600 normore than $1,200. The commissioners court shall pay the public member of the board an annual salary set by the commissioners court atnotmore than $600. The salaries shall be paid in equal monthly installments from the general fund or any other fund ofthe county.
Section 152.0003 of the Human Resources Code (aswell as section 4of former article 5139EEEEE, V.T.C.S.), provides that the compensation toajudge serving onajuvenile board is inaddition toall other compensation provided orallowed by law for ajudge.

Section 152.0271(d) provides that the compensation paid
ajudge for service onthe county juvenile board isto be paid out ofthe general fund orany other **available** fund of the county.. The provision inHouse Bill 101 limiting a district judge's salary toanamount that is five percent less than the salary provided inthe 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 adistrict judge from all state and county sources to asum not to exceed the amount that is $2,000 less than the salary provided for ajustice of the Supreme Court.

Attorney General Opinion H-123 (1973) concluded that the compensation paid the judges of Travis County for service onthe county juvenile board **came**within the limitations imposed upon compensation collected for service as a judge. The opinion suggested topermit ajudge tohold two offices, one onajuvenile board and the other asa judge, for each ofwhich he would be compensated, would run afoul of sections 33and 40ofarticle XVI ofthe 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 asajudge 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 inHouse Bill 101 **may**evidence a legislative intent to exclude compensation the commissioners court pays ajudge for service on the county juvenile board in determining the limitation. It isexpressly provided that this subsection prevails over any differential setby chapter 32

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of the Government Code. Section 32.021 ofthe Government Code provides that the Commissioners Court ofBrazos County shall pay the district judges inBrazos County a specified amount as supplemental salary in addition to the salary paid by the state. While it may beurged 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 inchapter 32, it is clearly apart 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 asa 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 ajudge for service
onajuvenile board from the limitations ithas placed on a judge's combined salary from all state and county sources absent anexpress exemption to that effect.


### SUMMARY

The compensation paid adistrict judge by the Commissioners Court ofBrazos 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 ofthe amount of salary the judge may receive.

Very truly yo 

# J b

im
JIM MATTOX Attorney General ofTexas

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

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