July 22, 1969

Honorable Joe Resweber County Attorney Harris County Courthouse Houston, Texas 77002 Opinion No. M-436

Re: Senate Bill No. 753 relating to the appointment and compensation of official shorthand reporters for counties of at least 1,200,OOO population. Dear Mr. Resweber:

Your request for an opinion on the construction of Senate Bill 753,Acts of the 61st Legislature, Regular Session, 1969, asks the following questions:

"1

. Ifa judge of a court, under statutory authority, increases the salary ofan official reporter, after the county budget has been established, may theCommissioners Court amend the County's budget to provide for the increase of expenditure of funds?

"2

. If the Commissioners Court may amend the county budget to provide for such an increase of expenditures is itmandatory that theCommissioners Court do so,before the establishment ofanewbudget for the following year?

"3

. Does S. B. 753 authorize District Judges ofHarris County, Texas, to appoint and set compensation for

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official shorthand reporters, and does each such Judge have independent discretion to establish the salary in question?

"4

. Does S. B. 753 authorize the Judges ofCounty Courts at Law of Harris County, Texas, Civil and Criminal, toappoint and set compensation for official shorthand reporters and does each such Judge have independent discretion toestablish the salary inquestion?

"5. Does S. B. 753 authorize the County Judge ofHarris County, Texas, toappoint and set compensation for
an official shorthand reporter, and does hehave independent discretion to establish the salary inquestion?

"6. Does S. B. 753 authorize the Judges of the Probate Courts of Harris County, Texas, to appoint and set compensation for official shorthand reporters, and does each such Judge have independent discretion to set the salary inquestion?

"7. Does S. B. 753 authorize the Judges of theCourts ofDomestic Relations ofHarris County, Texas, to appoint and set compensation for official shorthand reporters, and does each such Judge have independent discretion to set the salary inquestion?

"8

. Does S. B. 753 authorize the Judges of theJuvenile Courts of Harris County, Texas, to appoint and set compensation for official shorthand reporters, and does each such Judge have independent discretion to set the salary inquestion?

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“9* If the salary of the official reporter of aJuvenile Court ora Court ofDomestic Relations must equal a salary paid to a reporter inaDistrict Court, which salary ofaDistrict Court Reporter governs if there isadivergence of salaries between the reporters of theDistrict Courts?"
Section 1 of S. B. 753 provides:

"Section 1. Inall counties in the State of Texashaving apopulation of 1,200,OOO ormore, according to the last preceding Federal Census, the judse ofeach district court, and the iudoe of each county court at law, civil or criminal, shall appoint an official shorthand reporter for such court. The compensation of such reporters shallbe fixedbv the iudse of the court inwhich such reporter Serves at not less than Eight Thousand Five Hundred Dollars ($8,500.00) per annum and notmore than Sixteen Thousand Five Hundred Dollars ($16. 5jO.00) per annum, inaddition to compensation for transcripts, statement of facts and other fees. The appointment ofeach such court reporter andhis annual salary as fixed by the judge of the court inwhich such court reporter serves, shall be evidenced by an order entered in theminutes of each such court, which appointment and the salary so fixed shall continue ineffect fromyear toyear unless and until changed by order of the judge of the court in which such court reporter serves. (Emphasis added.)

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Section 2requires theCommissioners Court to make provision for the payment of the compensation of the court reporters as authorized in Section 1.

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 anunconstitutional delegation of power.

The grant ofan express powerby the Legislature gives with it,by necessary implication, every other power necessary and proper to theexecution of the power expressly granted. Terre11 v. Sparks, 104 Tex

.191, 135 S.W. 519 (1911); Moon v.Allred, 277 S.W. 787 (Tex.Civ.App. 1925, error dism.).

In construing similar provisions as that contained in S. B. 753, itwas held inAttorney General's Opinion V-707 (1948) that if adistrict judge set the salary ofa court reporter in accordance with the provisions ofArticle 2326,Vernon's Civil Statutes, the Commissioners Court was required topay the salary so set. Itwas held inAttorney General's Opinion V-857 (1949) that the Commissioners Court had the authority to amend the county budget to the extent to effectuate payments of salary provided by an act of the Legislature. Likewise, itwas held inAttorney General's Opinion C-505 (1965):

"Youare therefore advised that the provisions requiring the commissioners court to pay the salaries ofcourt reporters fixed by the judges, pursuant to the provisions ofArticle 2326L-1, are mandatory, and the comm&sioners court has the authority to amend itsbudget to effectuate the payment of the salaries so fixed."

Inanswer toyour first twoquestions, you are advised that it is themandatory duty of the com-

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missioners court to provide for the payment of salaries of court reporters which are fixedby judges pursuant to the provisions of Section 1 of S. B. 753. and that the commissioners court isauthorized and required to make such amendments to itsbudget to effectuate the payment of salaries so fixed.

In answer to the third and fourth questions, Section 1 specifically provides that the salary of the court reporter shall be fixedby the judge of the court inwhich such reporter serves. Therefore. S. B. 753 authorizes the judges of the district courts, each county court at law, civil or criminal, to appoint and set the compensation for an official shorthand reporter and such power vests independently in each judge of the court. You are therefore advised that each such judge has independent discretion to establish the salary of the court reporter who serves inhis court, within the limits prescribed in Section 1 of S. B. 753.

It is tobe noted that Section 1 of S. B. 753 refers to the judge of each district court and the judge of each county court at law and does not specifically mention the judge of the probate courts, the judge of the county court, nor the judge of the domestic relations court. Section 5 of S. B. 271, Acts of the 61st Legislature, Regular Session, 1969, provides: "Thepractice and procedure in the probate court No. 1 ofHarris County shallbe the same as that provided by law generally with the county courts of this state." We therefore agree with your conclusion that the appointment and compensation of a court reporter in the county court ofHarris County would govern the appointment and compensation of court reporters of the pro'>atecourts. Section la of Article 23271)provides for the appointment of court reporters for the county courts and for the probate courts inHarris County.

It is therefore our opinion that S. B. 753 does not apply to the appointment or compensation of court reporters of the county court and probate courts

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ofHarris County. Such appointments are governed by the provisions of Section la ofArticle 2327D. By like reason, the appointment and compensation of court reporters for the courts ofdomestic relations forHarris County are governed by the provisions ofArticle 2338-11, Vernon's Civil Statutes, rather than S. B. 753. Section 9 ofArticle 2338-11 provides that the compensation of the court reporters of the domestic relations courts ofHarris County shall receive the same compensation provided by law for court reporters ofdistrict courts ofHarris County. The same reasoning will apply tocourt reporters for the Juvenile Courts ofHarris County. Subdivision B of Section 13 ofArticle 2338-18 provides that the court reporters of the juvenile courts ofHarris County shallbe paid an annual salary equal to the annual salary of a court reporter ofadistrict court ofHarris County. Inview of the foregoing, your remainingquestions are answered as follows:

In answer toquestion number five,you are advised that S.B. 753 does not apply to the appointment of an official shorthand reporter for the county court of Harris County. Such appointment and compensation are provided for inArticle 2327D, Vernon's Civil Statutes.

Inanswer toquestion number six, you are advised that S.B. 753does not apply to the appointment of court reporters for probate courts ofHarris County. Such appointment isgoverned by the provisions ofArticle 2327D, Vernon's Civil Statutes.

in answer toquestion number seven, you are advised that S.B. 153does not apply to the appointment and compensation of court reporters of the courts ofdomestic relations; rather such are governed by the provisions ofArticle 2338-11. Vernon's Civil Statutes. Since Section 9 ofArticle 2338-11, Vernon's Civil Statutes, fixes the compensation of court reporters ofdomestic relations courts ofHarris County as the
same compensation provided by law for court reporters of district courts ofHarris County, such reporters will receive compensation as prescribed by the provisions of S.B. 753.

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In answer toquestion number eight, you are advised that S.B. 753 does not apply to official shorthand reporters for juvenile courts ofHarris County; rather they are appointed pursuant to the provisions of Article 2338-18, Vernon's Civil Statutes. Section 13(b) ofArticle 2338-18 provides that the court reporter shall receive an annual salary "equal to the annual salary ofa court reporter of aDistrict Court ofHarris County." Your request states that, pursuant to S. B. 753, each of theDistrict Courts ofHarris County has fixed the annual compensation of the court reporters at $15,000.00 per annum. Therefore, in answer toyour question number eight, you are advised that the court reporter for the juvenile courts will receive the same compensation fixedby theDistrict Judges ofHarris County for their court reporters or, under the facts submitted, $15,000.00 per annum.

Inanswer toquestion number nine, you are advised that the salary of the official reporter for a juvenile court must equal the salary paid to a reporter in adistrict court, but the official reporter for court ofdomestic relations may receive a salary ofnot less than $8.500.00 and not more than $16,500.00 per annum as provided in S.B. 753.

SUMMARY

S.B. 753, Acts of the 61st Legislature, Regular Session, 1969, prescribes the compensation prcvided for court reporters ofDistrict Courts of Harris County and each County Court at Law of Harris County. Said salary is tobe fixedby the judge of each court and the commissioners court isrequired tomake provision for the payment of the compensation of the court reporters fixedby the judges of each court.

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Prepared by John Reeves Assistant Attorney General

APPROVED: OPINION CCMMITTEE

Kerns Taylor, Chairman George Kelton, Co-Chairman

Sarah E.,Phillips Linward Shivers Louis Neuman Bill Corbusier

HAWTHORNE PHILLIPS Executive Assistant

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