OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

March 20, 1939 

Hon. Tom A. Craven 

coulty Auditor 

Seation S ai Artlele 59l2e, Revised Civil Statutes of Texas, reads as r0ihm3: 

'khe Cemaiesionere* Court & eaoh county 

in the-State of Texas, at ite ilret regular 

meetin& in January of baoh calendar year, 

shall, by order mafle and entered Is the n&nutea oi said oourt, determine whether preoinot 

oiiioers at auoh bounty (exoept publio weigher8 

and registrara of viteg. statistics) sliall be 
Hon. 

. 

Tom A. Craven, March 20, 1939, Page 2 

oompensated on a salary basis as provided 

ror in this Aot, or whether they shall re- 

-oeive as their oompensation, suoh fees Of 

office as may be earned by them in the perromanoe of the duties of their offioes, 

and at shall be the duty of the oounty clerk 

of eaoh oounty to fmward to the Comptroller 

or pllblio Aooquute or the State of Texas on 

or beare the slat .Qo ei -Jmqary a oertliled cropy e .%@a ~*r*rr.-~ 

. 

funds as laajr be trslleferred to fund by 

the CommisaI'oners~ Ceurt'of the oounty." 

On July 17, i9Se, this Department held in an 

opinion by Hon. Joe J. AL&g, Assistant Attorney General 

of Texas that the Oommiss1aners~* Court is without authority to plaoe on6 preoiaot offiaer upon a salary basis and 

leave other preoinct offleers upon a See basis. We 

quote rrom this opinion as3?3Xlewst 

"phi8 Department has repeatedly ruled 
HOL Tan A. Craven, March 20, 1999, Page 3 

that a Commissioners* Court is without 

authority to plaoe on8 preoinot orrioer 

upon a salary basis and leave other oifiaers upon a fee baeis. The system must 

be uniiorm and they must plaoe all upon a 

salary basis or leave all upon a ree basic.* 

You will note that Seoticu 17a of Artiole - a. .- - - - . . . - 

W$t&$erenee to que8tlonNi~ 2, you are 

spsotmUy l%?fe&%d-to seotioil 1Tb of Bfti~1l3 s912e 

reads as f&l&s: 

zioh . 

=tb) In oountiea where If .shaXl have 

been d&erm&el th@ preolnot~~i-i~~re &all 

~.oompsn8a~donauannual8aXaryba8i~1 

it 8hall be the duty of the Ces@ssionera* 

Court oi auohoeuntyto firthe s&laryallowed to auoh offioers. Eaoh of said offioers 

shall be paid in money an annual 8aXary.Q.1 

twe&ve (12) equal installments of not l&se 

then the total sum ear&d as oompensat&n- ,~i 

earned by him in his ottiolal oapaeity"ior 

the fLeaal year I935 and not more than the 

maximum amouut allowed euoh eirioer under 

laws existing August 24, 1935." 

Therefore, in answering your seaond question, 

you are respectful.ly advised that it is the opinion of 

this Department that Section 17b of' Artiole 99120, Revised 
Hon. Tom A. Craven, March 20, 1939, Fags 4 

Civil Statutes of Texas alearly determine8 the amount 

of disoretion the Commissioners~ Court has in setting 

the amount or salaries to be paid prebimt orfiaars. 

It is the further opinion or this Department that the 

Commissioners* Court has no authority to set a preoinot 

officer's salary at less than the total sum earned as 

oompensation by him in his orrioial oapaoity for the 

fleaal year 1995 and that.the Commissioners* Court has. 

no authority to 8et a preoinat offioer*e salary at 

awe than the maximum amount alloved suoh offioar under 

law8eii8tingAugust S4,19ss.