February 18, lg50 

Bon; James C; Martin opinion Ho; V-1006. 

County Attorney 

meoes county 

COPDUS f&.PiSti. Texas 

Rer p ;E;l$b'Uty of S. B. 

* g., authorizing - 

inkrkases ln the pay of pgeainct, oounty, and district 

officers, to the,compeasatibn of members of the JuveDear Sir% tile Board. 

Your request'for en opinion is aa followst 

'A motion was made in the Oommlssi~ners~ 

Court of Rneces ~County to raise the salaries 

of the members of the Juvenile Board the regular 25s authorleed by Senate Bill # 92 for 

all preoinct, county and district offices; 

This motion was tabled to,deteraine the validity of granting the increase, all elected 

offioials In Rueces County being granted this 

increase in July, 1949; 

"In Section 1 of Senate Bill #92 the 

Camlssitierst Court of each county was anthoplzed to Increase the oompensation of the 

precinct, gounty and distriot offices in an 

additional amount not to exceemprotided 

that if the salaries of the Cosmhisioners 

Court were raised, al1 other offices would 

have to be raised In proportion. 

"Article 5139, VCS, provides that in 

couuties of betveen 70,000 and 100,000, fin 

vhlch.Rueces County falls, a Juvenile Board 

would be formed oonsistlng of Distriot Judg- 

%s and County Judge'; Under this stat,ute each 

of these judges In Rueaes County are paid 

$1200;00 per year, in addition to ~the salary 

as judge, for serving on said Board. 

"It is mg opi&Lon that the members of 

the Juvenile Board should not be allowed the 
a&j Hon. James C. MaStin, page 2 (V-1006) 

25% increase authorieed in Senate Bill #92 because they are not called office&under Article 5139, WS, but merely men&em. This opinion is substantiated b the case of Janea v. 

Alexander, 59 SW 26 10 15 0, which decided that 

membership on a Juvenile Board was not ‘public 

office’ so as to prevent receiving at the same 

time, a salary as a member of the board and as 

a judge;” 

Article 5139, V.C .S i, as amended by S; B; 426, 

Acts 51st Leg., R.S. 1949, chi 366, pi 699, provldes in 

part: 

“In any county having a population of 

more than seventy thousand .(70,000) inhabitants and less than one hundred thousand (lOO,- 

000) inhabitants acoordlng to the last preceding Federal Census, the Judges of ths: several 

Mstriat and Criminal District Courts of such 

cotmty~ together with the County Judge of such 

county, are hereby constituted a Javtile 

Board for such oouuty; The members oomposing 

such Juvenile Board in such c,ouM=y shall eaoh 

be allowed additional colnjpensation of not. 

less than Six Hundred ($600;00) Dollars per 

annum, nor more than One Thousand Puo Hundred 

($1,200;00) Dollars, p6r annum, which shall be 

paid in twelve (12) e&al installments out of 

the Qeneral Fund of such county, such additional compensation to be fixed by the Commissloners Court of such county;” 

In the case of Jones vi Alexander, 122 Tex; 328, 

59 SX2d 1080 (1933), the court ln’holdlng provisions, 

identical with those above quoted, constitutional stated 

$hat membershl~ on juvenile board did not constitute a 

public office in vIolatl.on of Section 40 of Article XVI 

of the Constitution of Texas prohibiting the same person 

from holding OP exercising at the 883118 time more,than one 

civil office of emolument. The court held that the Act 

merely Imposed additional duties on the d&strict judges 

rather than creating an additional office. 

Section 1 of Article 3912g, K0.S; (S; B; 92, 

Acts slat Leg;, R.S. 1949, oh; 320, p; 601) provides% 

“Section 1; The Codssioners Court in 

each county of this State is hereby autho~ieed, 
. 

Han; James C; Martin, page 3 (V-1006) 

when in their judgment the financial condition 

of the county and the needs of the officer ,jwtify the increase, to enter an &der inereaslng the compensation of the precinct, county 

and district offfoers; or either of them, in 

an additional amount not to exceed twenty-five 

(25s) per cent of the sum allowed under the 

law for the fiscal yea* of 1948, whether paid 

on fee or salary basis; provided, however, the 

members of the Commissioners Court may not 

raise the salaries of any of such Commissioners Court under the terms of this Act without 

ralslng the salary of the remaining county officials in like proportion;" 

The provisions of Article 3912g, c;CiSi, are 

llmited to "the precinct, county and district officeran 

and"the deputies, assistants end clerks of any district, 

oounty or preainct officer;" Letter opinion to Han; IL 

Fi ICl.eke, County Attorney, Lee County, dated January 14, 

1950; 

We agree with the conclusioe reached by you in 

the brief subsdtted with your request. SFnce the members of Juvenile Boards are not public officers as such, 

neither are they district- or county officers within the 

meaning of Article 39126. Therefore the compensation of 

said members as such may not be Increased under the provlsl.ons of Article 3912g. 

An additional reason sustains the above result; 

Senate Bill 92 was passed May 31, 1949, and beceme effective June 6, 1949, while Senate Bill 426 va8 passed 

June 9, 1949 and became effective June 13, 1949. Since 

Senate Bill 426 is a specific statute governing the salaries of the members of the Juvenile Board and was passed and became effective stibsequent to Senate Bill 92 (a 

iii 

eneral law), it would control over the rotisions~of 

enate Bill 2; 

SX'2d 1063 ?1929> Canales V* Lannlil 

Townsend vi Te~ell,,~l~,"4~~,~~~6 

2i4’s ;w ;2a 451 (v&8> . 

, l , 

SaMM AR Y 

The compensation of members of Juvenile 

Boards as such may not be incr$ased under the 

provisions of Article 3912g, V.C.Si, since 

membership on a Juvenile Board does not constitute a public office as such. Jones vi Alexander, 126 Texi 328, 59 S;W;2d 1680 (1933) . 
Hon. Japles Ci Martin, page 4 (WOO6) 

The salaries of the members of the Juvenile Board are governed by the~~PrOVlslOns of 

Senate Bill 426, Acts 51st Leg., RiS. 1949, 

ch; 366, p; 699, being a specific statute. 

a later statute 

APPRO?XDr 

J; C; Davis, Jr. ,A&-. 

county Affairs Mvlsion 

Charles Di Mathews 

Executive Assistant 

JRtmurbh 

169, 2 

Yours very truly, 

PRICE D4RIEL 

Attorney General 

' Assistant