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 . If a judge of a court, under 

statutory authority, increases the 

salary of an official reporter, 

after the county budget has been 

established, may the Commissioners 

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 it mandatory that the Commissioners Court do so, before the 

establishment of a new budget for 

the following year? 

" 3 . Does S. B. 753 authorize District Judges of Harris County, Texas, 

to appoint and set compensation for 

- 2169 - 
. . 

Honorable Joe Resweber, page 2 (M-436) 

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 of County Courts at Law of 

Harris County, Texas, Civil and 

Criminal, to appoint and set compensation for official shorthand reporters and does each such Judge have 

independent discretion to establish 

the salary in question? 

"5. Does S. B. 753 authorize the 

County Judge of Harris County, Texas, 

to appoint and set compensation for 

an official shorthand reporter, and 

does he have independent discretion 

to establish the salary in question? 

"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 in question? 

"7. Does S. B. 753 authorize the 

Judges of the Courts of Domestic 

Relations 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 in question? 

"8 . Does S. B. 753 authorize the 

Judges of the Juvenile 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 in question? 

-2170- 
I . 

Honorable Joe Resweber, Page 3 (M-436) 

“9 * If the salary of the official 

reporter of a Juvenile Court or a 

Court of Domestic Relations must 

equal a salary paid to a reporter 

in a District Court, which salary 

of a District Court Reporter governs 

if there is a divergence of salaries 

between the reporters of the District 

Courts?" 

Section 1 of S. B. 753 provides: 

"Section 1. In all counties in 

the State of Texas having a population of 1,200,OOO or more, according 

to the last preceding Federal Census, 

the judse of each 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 shall be fixed bv the iudse 

of the court in which such reporter 

Serves at not less than Eight Thousand Five Hundred Dollars ($8,500.00) 

per annum and not more than Sixteen 

Thousand Five Hundred Dollars ($16. 

5jO.00) per annum, in addition to 

compensation for transcripts, statement of facts and other fees. The 

appointment of each such court reporter and his annual salary as fixed 

by the judge of the court in which 

such court reporter 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. 

(Emphasis added.) 

- 2171 - 
Honorable Joe Resweber, page 4 (M-436) 

Section 2 requires the Commissioners 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 an unconstitutional delegation of power. 

The grant of an express power by the Legislature gives with it, by necessary implication, every 

other power necessary and proper to the execution 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, it was held in Attorney 

General's Opinion V-707 (1948) that if a district 

judge set the salary of a 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. It was held in Attorney 

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, it was held 

in Attorney General's Opinion C-505 (1965): 

"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 2326L-1, are 

mandatory, and the comm&sioners 

court has the authority to amend 

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

In answer to your first two questions, you 

are advised that it is the mandatory duty of the com- 

- 2172 - 
. 

Honorable Joe Resweber, page 5 (M-436) 

missioners court to provide for the payment of salaries 

of court reporters which are fixed by judges pursuant 

to the provisions of Section 1 of S. B. 753. and that 

the commissioners court is authorized and required to 

make such amendments to its budget 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 fixed by the judge of the court 

in which 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 in his court, within the 

limits prescribed in Section 1 of S. B. 753. 

It is to be 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: "The practice and procedure in the probate 

court No. 1 of Harris County shall be 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 of Harris County would 

govern the appointment and compensation of court 

reporters of the pro'>ate courts. Section la of 

Article 23271) provides for the appointment of court 

reporters for the county courts and for the probate 

courts in Harris 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 

- 2173 - 
. 

Honorable Joe Resweber, page 6 (M-436) 

of Harris County. Such appointments are governed by the provisions of Section la of Article 2327D. By like reason, the 

appointment and compensation of court reporters for the courts 

of domestic relations for Harris County are governed by the 

provisions of Article 2338-11, Vernon's Civil Statutes, rather 

than S. B. 753. Section 9 of Article 2338-11 provides that 

the compensation of the court reporters of the domestic relations 

courts of Harris County shall receive the same compensation 

provided by law for court reporters of district courts of Harris 

County. The same reasoning will apply to court reporters for 

the Juvenile Courts of Harris County. Subdivision B of Section 13 

of Article 2338-18 provides that the court reporters of the 

juvenile courts of Harris County shall be paid an annual salary 

equal to the annual salary of a court reporter of a district 

court of Harris County. In view of the foregoing, your remaining questions are answered as follows: 

In answer to question 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 in Article 2327D, 

Vernon's Civil Statutes. 

In answer to question number six, you are advised 

that S.B. 753 does not apply to the appointment of court reporters for probate courts of Harris County. Such appointment 

is governed by the provisions of Article 2327D, Vernon's Civil 

Statutes. 

in answer to question number seven, you are advised 

that S.B. 153 does not apply to the appointment and compensation of court reporters of the courts of domestic relations; 

rather such are governed by the provisions of Article 2338-11. 

Vernon's Civil Statutes. Since Section 9 of Article 2338-11, 

Vernon's Civil Statutes, fixes the compensation of court 

reporters of domestic relations courts of Harris County as the 

same compensation provided by law for court reporters of 

district courts of Harris County, such reporters will receive 

compensation as prescribed by the provisions of S.B. 753. 

-2174- 
. . 

Honorable Joe Resweber, page 7 (M-436) 

In answer to question number eight, you are advised 

that S.B. 753 does not apply to official shorthand reporters 

for juvenile courts of Harris County; rather they are appointed 

pursuant to the provisions of Article 2338-18, Vernon's Civil 

Statutes. Section 13(b) of Article 2338-18 provides that the 

court reporter shall receive an annual salary "equal to the 

annual salary of a court reporter of a District Court of Harris 

County." Your request states that, pursuant to S. B. 753, 

each of the District Courts of Harris County has fixed the 

annual compensation of the court reporters at $15,000.00 per 

annum. Therefore, in answer to your question number eight, 

you are advised that the court reporter for the juvenile courts 

will receive the same compensation fixed by the District Judges 

of Harris County for their court reporters or, under the facts 

submitted, $15,000.00 per annum. 

In answer to question 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 a district court, 

but the official reporter for court of domestic relations may 

receive a salary of not 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 of District Courts of 

Harris County and each County Court at Law of 

Harris County. Said salary is to be fixed by the 

judge of each court and the commissioners court 

is required to make provision for the payment of 

the compensation of the court reporters fixed by 

the judges of each court. 

- 2175 - 
Honorable Joe Resweber, page 8 (M-436) 

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 

-2176-