THE ATITORNEY GENERAL 

OF TEXAS 

The Honorable Robert S. Calvert 

Comptroller of Public Accounts 

State Finance Building 

Austin, Texas 

Opinion No. H-12 3 

Re: Supplementation of salaries 

of district court judges and 

justices of the Courts of 

Civil Appeals under House 

Bill 139, 63rd Legislature, 

Dear Mr. Calvert: 

the General Appropriations 

Bill 

You have requested our answers to a series of questions concerning 

the Judiciary Article of House Bill 139 of the 63rd Legislature, the General 

Appropriations Bill for fiscal 1974-1975. The questions involve the maximum rates of compensation of district court judges and justices of the 

courts of civil appeals, 

The Constitution, in Article 5, $ $ 2, 6 and 7, generally authorizes 

the Legislature to fix the salaries of judges of the Supreme Court, the 

courts of civil appeals and the district courts. 

Article 6819, Vernon’s Texas Civil Statutes, derived from laws in 

effect prior to the 1925 codification, set the salaries of those jurists,at 

$6,506, $5,000 and $4,000, respectively. While neither has ever been 

expressly repealed, Article 6819 with Article 6813, -which sets the annual 

salaries of numerous other state officers at’sums ranging from $1,250 for 

members of the Live Stock Sanitary Commission to $6, 000 for the Banking 

Commissioner (the Governor was to get only $4, 000). ,was impliedly repealed 

by the enactment of Article 6813b, V. T. C. S. , and other similar acts dating 

back to 1933. 

Article 6813b provides thsrt all salaries of all state officers and 

employees will be set by the biennial appropriations bill. “All laws and 

parts of laws fixing the salaries of all state officers and employees . . . 

are hereby specifically suspended insofar as they are in conflict with this 

Act . . . . ” 

p. 593 
The Honorable Robert S. Calvert, page 2(H-123) 

Article 6819a-18a provides that commissioners courts in counties 

comprising each of the fourteen supreme judicial districts may supplement the salaries of the justices of the courts of civil appeals residing 

in that district up to $8, 000 per year but not to exceed “the total additional compensation authorized to be paid to a2 District Judge residing 

within such affected Supreme Judicial District. ” 

Various other subdivisions of Article 6819a provide for the supplementation of the salaries of district court judges by county commissioners 

courts within their districts for varying amounts and for varying purposes. 

For example, Article 6819a-22, V. T. C. S., applicable to Travis County, 

authorizes its commissioners court to pay the district judges or the districts 

within the county “a reasonable sum not to exceed Six Thousand Dollars” 

“for services rendered to Travis County, and for performing administrative 

duties. ” 

Supplements are authorized as high a~8 $12,000 per annum. Articles 

6819a-19b and 6819a-25a, V. T. C. S. 

House Bill 139 app<ropriates, as annual salaries, $40, 500 for Chief 

Justice of the Supreme Court, $40, 000 for each associate justice of that 

court, $35, 500 for the chief justice of each court of civil appeals, $35,000 

for each as’sociate justice of those courts , and $25,000 for each judge of 

each district court. 

It then provides, as $ 2 of the Judiciary Article (p. I-17): 

“Sec. 2. Salary Differential for District Court Judges 

and Judges of Courts of Civil Appeals. District Court Judges 

may receive a combined yearly salary rate from state and 

county sources which is one thousand dollars ($1,000) less 

than the combined yearly salary rate from state and county 

sources received by Judges of the Courts of Civil Appeals’ 

in whose district the District Court is located. Judges of 

the Courts of Civil Appeals may receive a combined yearly 

salary rate from state and county sources which is one 

thousand dollars ($1,000) less than the yearly salary provided in this Act for an Associate/ Justice of the Supreme 

Court and the Court of Criminal Appeals. 

p. 594 
The Honorable Robert S. Calvert, page 3 (H-123) 

“In order that the differential set out above be maintained, 

each District Court Judge and Judge of the Courts of Civil 

Appeals shall file a sworn statement with the Comptroller of 

Public Accounts setting forth the yearly amounts to be received 

from state and county as salary payments during then ensuing 

fiscal year. Amended statements shall be filed setting forth 

any change in the salary rate which occurs during a fiscal 

year. 

“For the purpose of salary payments by the state, the 

Comptroller of Public Accounts shall determine from the 

filed statements that the required salary differential set 

out above is maintaine’d. In the event a salary is in excess 

of the one thousand dollar ($1, 000) differential, the Comptroller is directed to reduce the state’s portion of that salary 

by the amount of excess. 

“The appropriations for salaries of. District Court 

Judges and Judges of Courts of Civil Appeals are made 

contingent upon strict compliance with the ‘provisions of 

this section and the Comptroller shall have ‘no authority 

to issue a warrant for salaries which violate these provisions. ” 

The foregoing statutory provisions (including those of the Appropria- 

.tions Act) lead to some general observations which will help in answering 

your questions: 

1. There is no statutory provision for supplementing the State 

salaries of Supreme Court justices with m funds. Therefore, the 

maximum salaries of Supreme Court associate justices, is that fixed in 

the Appropriations Bill - $40,000. 

2. Justices of the courts of civil appeals may receive no more than 

$39,000 from state and county sources. Any county supplement which 

results in a larger total salary than $39, 000 would result in a corresponding 

reduction in the amount appropriated out of ,state funds. 

p. 595 
The Honorable Robert S. Calvert, page 4 (H-123) 

3. The salaries payable to justices of courts of civil appeals are 

further limited by Article 6819a, V. T. C. S., not to exceed the supplement 

authorized to be received by w district judge within their district. We 

construe this to mean the highest supplement authorized to be received 

by any district judge in the district. 

4. Even though authorized to receive a greater supplement from the 

counties comprising his district, a district judge may receive no more 

from combined state and county sources than $1,000 less than is received 

from thosecombined sources by a justice of the court of civil appeals of 

the supreme judicial district or districts in which the district court is 

located; 

Your first question asks: 

“Which of the rates of salary appropriated to 

the Court of Civil Appeals would be used in [ computing the maximum salary of a district judge], 

the $35,000 for the two judges, or the $35,500 

rate for the Chief Justice of the Court of Civil 

Appeals? ” 

The formula established by the Appropriations Bill has,a theme of 

insuring that membership on an appellat’e court will result in compensation 

of at least $1,000 more than the salary provided a judge on a lower court 

in the judicial hierarchy. 

It is our opinion that the salary of an associate justice of the appropriate court of civil appeals, including any supplementation, is the relevant 

benchmark against which the supplementation of the salary of a district 

judge is to be measured in order to accomplish the apparent object and 

policy of the Legislature adopting the salary differentials. Counts v. 

hiitchell, 38 S. W. 2d 770 (Tex. 1931). Therefore, ,in ansv.e r to your first 

question, the salary of a judge of a district court located in the district of 

a court of civil appeals whose justices receive no salary supplementation 

from counties may not be more than $34, 000 per year. If the district court 

is located in the district of a court of civil appeals whose justices receive 

a salary supplement from counties, the maximum .salary for the district 

judge would be $1, 000 less,than the combined yearly salary received from 

state and county sources by the associate justices of the court of civil 

appeals in that district. 

p. 596 
The Honorable Robert S. Calvert. page 5 (H-123) 

Your second and third questions ask: 

“Section 2 also reads in part, ’ . . . Judges of the Courts 

of Civil Appeals may receive a combined yearly salary rate 

from State and County sources vh ich is one, thousand dollars 

(1,000) less than the yearly salary pr.ovided in this Act for an 

Associate Justice of the Supreme Court and the Court of 

Criminal Appeals . . . ’ 

“2. Would the Chief Justice of a Court of Civil Appeals 

be .limited in salary by this provision? 

“3.~ If your answer to Question 2 is in the affirmative, 

would the Chief Justice be limited to a combined salary 

not to exceed $1, 000 less than $40,000 for Associate 

Justices of the Supreme Court or not to exceed $1,000 

less than $40, 500 which is the salary of the Chief Justice 

of the Supreme Court? ” 

The language of the Appropriations Bill refers to “Judges ,of the 

Courts of Civil Appeals”. Throughout the Judiciary Article, the term 

“judges” is used generically and should be construed to include chief 

justices -of the courts of civil appeals as well as associate justices. To 

exclude chief justices from the group of judges Df the courts of civil appeals 

would result in an omission of any mention of chief justices from the salary 

supplementation section of the Bill, a result which would ‘be illogical and 

clearly contrary to legislative intent. A statute will not be construed in 

such a way as to produce an absurd result. Oriental Hotel Co. v. Griffiths, 

33 S. W. 652 (Tex. 1895). 

It is our opinion that all judges of the courts ,of civil appeals, including 

chief justices as well as associate justices, are limited to a salary not to 

exceed $1, 000 less than the yearly salary of an associate justice of the 

Supreme Court. See Attorney General Letter Advisory No. 26 (1973). 

Your fourth and fifth questions ask: 

p. 597 
The Honorable Robert S. Calvert, page 6 ( H-123 ) 

“4. Brazos County composes the 85th Judicial District 

alone and is in the 10th Court of Civil Appeals as well 

as the 1st and 14th Courts of Civil Appeals. Could the 

District Judge of the 85th Judicial District choose which 

Court of Civil Appeals he is under for the salary limitation? 

“5. District Court No. 1 is composed of Jasper, Newton, 

Sabine, and San Augustine counties. Newton and Jasper 

counties are in the 9th Court of Civil Appeals, and Sabine 

and San Augustine Counties are in the 12th Court of Civil 

Appeals. Would the district Judge be limited to the 

supplemental pay from the counties, [ i]f any, as that paid 

by the counties of the 9th Court of Civil Appeals or that 

paid by the counties of the 12th Court of Civil Appeals? 

Would the county of residence of the District Judge have 

a bearing on this question?” 

The Bill requires a district judge’s salary to be $1, 000 less than “the 

combined yearly salary rate from state and county s~ources received by Judges 

of the Courts of Civil Appeals in whose district the District Court is located” 

and the fourth paragraph of $ 2 calls for strict compliance with the provisions of the section. One apparent purpose of the statutory scheme is to 

insure that no district judge receives a greater salary than a justice of 

a court of civil appeals embracing the same district. A district judge’s 

salary from all sources must, therefore, be measured against the lowest 

salary of any justice of any court of civil appeals whose jurisdiction includes 

that district. The judge of the 85th Judicial District may receive a salary 

which is not more than $1, 000 less than the lowest salary of .a justice of 

the courts of civil appeals for the lst, 10th or 14th districts. The judge of 

the First Judicial District is limited to a salary measured against the slowest 

salary paid to any justice of either of the courts of civil appeals for the 9th 

orl2th districts. 

Your final question is: 

“6. In certain Courts of Civil Appeals only one c,ounty 

supplements the salaries of the Judges of said courts, 

would this supplementation regulate the salary to be. 

paid to aDistrict Judge whose district is in the Civil 

Judicial District, but whose county or counties do not 

supplement the salaries of the .Civil Appeals Judges?” 

p. 598 
The Honorable Robert S. ~Calvert, page 7 (H-123) 

The Act does not require that a particular county supplement the 

salaries of justices of a court of civil appeals before it may supplement 

the salary of a district judge. The only requirements are that, the district. judge’s salary be at least $1,000 less than the lowest salary of a 

member of any court of civil appeals in whose district the district court 

is wholly or partially located and that the total salary supplement paid ,a, 

justice of a court of civil appeals not exceed the total additional compensation authorized to be paid to any district judge residing in the affected 

supreme judicial district. Article 6819a-18a, V. T. C. S. Provided.the 

Legislature has authorized supplementation of the salary of the judge of 

a particular district court, it may be supplemented regardless of whether 

the county also contributes to supplement the salaries of justices.of the 

court of civil appeals. 

In connection with your request, District Attorney Robert 0. Smith 

of Travis County has asked “whether or not compensation received as a 

member of the Travis County Juvenile Board is properly included in the 

total amount paid the District Judges in Travis County for the purpose of 

determining their entitlement to an increase under the General Appropriations Bill of the 63rd Legislature? ‘I Section 2 of Article 5139KK, V. T. C. S., 

applicable to Travis County, creates a County Juvenile Board.composed of 

the county judge and the judges of the civil and criminal district courts of 

the county. It provides in 0 2: 

“As compensation for the added duties imposed 

upon the members of the Juvenile Board, each member 

thereof shall receive the sum of Forty-eight Hundred 

Dollars ($4, 800.00) annually, to be paid in equal monthly 

installments out of the general fund of said county. Such 

compensation shall be for all judicial and administrative 

services thereafter to be assigned to them as members 

of the Juvenile Board, and shall be in addition to all,other 

compensation allowed or hereafter to be allowed by law 

for County Judges and District Judges. I’ (Emphasis added) 

A district judge is not “entitled” to. salary supplementation by a county 

under the terms of the General Appropriations Bill, although other statutes 

may require a county to provide additional compensation. The General 

Appropriations Bill merely establishes a ceiling for the “combined yearly 

salary rate from state and county sources” which a district judge may 

receive. Article 5139KK, $ 2, V. T. C. S., provides that the $4,800 is 

p. 599 
The Honorable Robert S. Calvert, page 8 (H-123) 

compensation for added duties required of members of the Juvenile Board 

and is “in addition to all other compensation allowed or hereafter to be 

allowed by law for . . . District Judges. ” In our’ opinion, however, it is 

for services rendered as a judge. See Jones v. Alexander, 59 S. W. 2d 

1080 (Tex. 1933). To permit judges to hold two offices, for each of which 

they were compensated, would run counter to 5 $ 33 and 40 of Article 16 

of the Constitution of Texas. 

We are of the opinion, therefore, that the additional $4, 800. 00 paid to 

district judges of Travis County for service Dn the Juvenile Board is a 

part of their “combined yearly salary rate from state and county sources” 

and enters< into the determination of the amount of salary they may receive 

from the State under the General Appropriations Bill. If the ,justices of 

the court of civil appeals for the Third Supreme Judicial District, which 

embraces Travis County, receive $39,000 per annum, then the district 

judges may receive the $4, 800 required by Article 5139KK, and the full 

$6,000 authorized by Article 6819a-22 or a total of $35, 800 including the 

State appropriation. If the justices of that court of civil appeals receive 

less than a total of $36,800, then the district judges of Travis County will 

be limited in the amount their salaries may be supplemented. Compare 

Attorney General Opinion H-96 (1973). 

SUMMARY 

Chief justices and associate justices of courts 

of civil appeals receive from the State as ,their salary 

$35, 500 and $35, 000, respectively, In addition, their 

salaries may be supplemented by the counties in their, 

respective districts by no more than $8,000 limited 

by the provision that the combined salary may not 

exceed $39, 000 and the ,added provision that the supplemental pay may not exceed that authorized to be.paid 

for s district judge residing within the district. 

p. 600 
The Honorable Robert S. Calvert, page 9(H-123) 

The state salary paid to district judges is $25, 000 

per year. Their salaries may be supplemented by the 

counties comprising their districts as provided in the 

various statutes applicable to different districts. In 

any event, the combined salary from all state and county 

sources must be at least $1, 000 less than the salary of 

any associate justice of a court of civil appeals whose 

district encompasses the district court. 

Very truly yours, 

JOHN L. HILL 

Attorney General of Texas 

APTROVED: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 601