247 

THEATTCDRNEYGENERAE 

OPTEXM33 

Ausm~.T-s 

December 21, 1948 

Hon. Dennis Zimmermann Opinion No. v-749 

County Attorney 

Swisher County Re: Authority of the CodsTulia, Texas sioners' Court to fix 

.the salary of the Constable at $1.00 per year 

where other precinct officers are on a *fee 

basis." 

Dear Sir: 

Your,request for an opinion is as follows: 

"The County Judge and Commissioners of 

this county have requested me to get your 

opinion on the following question: 

"Chapter 381, H.B. No. 785, 50th Regular Session, provides that-in fixing the 

salaries of county officials that 'no salary shall be set at a figure lowerthan that 

_ paid for the Calendar Year 1946.' 

"Swisher County did not have any constable for 1946, 1947 or 1948. Hence no 

salary was paid in 1946 for a constable. 

However, at the rece,nt election one got his 

name on the ticket without the county desiring or needing one, as we got along without 

this extra expense the past three years. 

"Can the ~commissioners court fix the 

salary of this.new e~lected constable at 

$1.00 a year, in view of the fact that 

there was no salary paid in 1946 to limit 

them to not less then that amount?" 

H. B. 765, Acts of the .50th Legislature, is 

not applicable to sa.laries of precinct officers. See: 

Attorney General's Opinion No. V-329, enclosed. 
Hon. Dennis Ziamermsnn, page 2 (V-749) 

H. J. R. 36, of the 50th Legislature, recently adopted by the people, amended Article XVI, Section 

61, of our State Constitution so aXi-tFppfsce---the~ constable, among other officers, an a salary basis beginning January 1, 1949. 

In answer to our recent request for additional 

information you stated that the Commissioners' Court of 

Swisher County plans to pay the constable a salary of 

$1.00 per year beginning January 1, 1949, and compensate all other precinct officers on a "fee basis.- 

The minimum salary of a constable where the 

Commissioners' Court has placed all the precinct officers on a "salary basis" is not less than the total 

sum earned. by such officer in.his official capacity for 

the fiscal year 1935. Article 3912e, Sets. 15 and 17, 

v. c. s. 

Article 3912e, Sec. 13, V. C. S. is only spplicable to counties having a population of 20,000 inhabitants and less than 190 000 inhabitants. 

Articles &$ %ej891, V. C. S. are ipplicable only to 

county or precinct officers who are compensated on a 

"fee basis.* 

At the present time there is no statutory provision fixing the salary bf a constable in a county 

where the Commissioners1 Cburt has placed the other precinct officers on a "fee basis." Therefore, until such 

time as the Legislature enacts some provision 'applicable to such officer,~we must look solely to the provisions of Article XVI, Section 61, of our State Constitution, as-amended, for the authority'~of the Commissioners' Court of those~counties where the other precinct officers are compensated on a "fee basis" to 

pay the constable a salary. Article XVI, Sec. 61, as 

amended , provides, in part: 

"In all counties in this State, the Commissioners Courts shall be authorized to determine whether precinct officers shall be 

compensstecl.on a fee basis or on a salary 

basis, with the exception that it shall be 

mandatory.upon the Commissioners Courts, to 

compensate all constables, deputy constables 

and precinct law enforcement,officers on a 

salary basis beginning January 1, 1949. . .n 
Eon. Dennis Zimmermann, page 3 (V-749) 

The above quoted Constitutional provision 

manifests a clear intentioh on the part of the framers 

of this Amendment that the.Conmissioners’ Court oft 

this State must pay ally the constables a reasonable 

salary. Until such time as 3he Legislature fixes a’ 

minimum and a maximum to the salaries to bc :,-.id those 

constables ins counties where the other preciuct Dfficers are compenmted on a “fee basis”, it is;our opinion the amount of salary to be paid constables~in such 

counties is left to the ‘sound discretion oft the Coamissioners’ Courts. dhether the Comnissionerd’ Courts’ 

fixing the salary of a constable at $1.00 a year wouldconstitute an abuse of discretion in view of the provisions of Article V, Section 18, of ourStrte.Constitution, requiring at least four constables iii each 

county, is a fact question depending upon the circumstances of each case. 

Beginning January 1, 1949, and until 

such time as the Legislature fixes a minimum and a maximum to the salaries to -be 

paid those constables’in counties where the 

precinct ~officers other. than the constable 

are compensated on a “fee,basis,” the amount 

of salaries to be paid the constables in 

such counties is left to the sound discretion of the Commissioners’ Courts. 

Yours very truly, 

ATTORNEY GENdRAL OF TEXAS 

Assistant 

JR: bh