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 membersof the JuveDear Sir% tile Board.

Your request'for en opinion is aa followst 'A motion wasmadein the Oommlssi~ners~ Court of Rneces ~Countyto raise the salaries of the membersof 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 amountnot to exceemprotided that if the salaries of the Cosmhisioners Court wereraised, 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, aJuvenile Board would be formed oonsistlng of Distriot Judg- %s and CountyJudge'; Under this stat,ute each of these judges In Rueaes County are paid $1200;00 per year, in addition to ~thesalary as judge, for serving on said Board. "It is mgopi&Lon that the membersof the Juvenile Board should not be allowed thea&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, 59SW26 10 0, 15 which decided that membershiponaJuvenile Board wasnot ‘public office’ so as to prevent receiving at the same time, a salary as amemberof the board and as ajudge;” Article 5139, V.C.Si, as amendedby S; B; 426, Acts 51st Leg., R.S. 1949, chi 366, pi 699, provldes in part:

“In any county having apopulation of more than seventy thousand .(70,000) inhabitants andless 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 aJavtile Board for such oouuty; Themembersoomposing such Juvenile Board in such c,ouM=yshall eaoh be allowed additional colnjpensation of not. less than Six Hundred ($600;00) Dollars per annum,nor more than OneThousand PuoHundred ($1,200;00) Dollars, p6r annum,which shall be paid in twelve (12) e&al installments out of the Qeneral Fundof such county, such additional compensation to be fixed by the Commissloners Court of such county;” In the case of Jones vi Alexander, 122Tex; 328, 59SX2d 1080 (1933), the court ln’holdlng provisions, identical with those above quoted, constitutional stated $hat membershl~ onjuvenile board did not constitute a public office in vIolatl.on of Section 40 of Article XVI of the Constitution of Texas prohibiting the sameperson 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 onthe 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)

whenin their judgment the financial condition of the county andthe needs of the officer ,jwtify the increase, to enter an &der inereaslng the compensation of the precinct, county anddistrict offfoers; or either of them, in anadditional amountnot to exceed twenty-five (25s) per cent of the sumallowed under the law for the fiscal yea* of 1948, whether paid on fee or salary basis; provided, however, the members of the Commissioners Court maynot 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; Weagree 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 membersas such maynot be Increased under the provlsl.ons of Article 3912g.

Anadditional reason sustains the above result; Senate Bill 92was passed May31, 1949, andbeceme 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 membersof the Juvenile Board andwas 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 ,

SaMMARY The compensation of membersof Juvenile Boards as such maynot be incr$ased under the provisions of Article 3912g, V.C.Si, since membership on aJuvenile Board does not constitute apublic office as such. Jones vi Alexander, 126Texi 328, 59S;W;2d 1680 (1933)

.Hon. JaplesCi Martin, page 4 

### (WOO6)

The salaries of the membersof the Juvenile Board are governed by the~~PrOVlslOnsof 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, PRICED4RIEL Attorney General

' Assistant