OFFICE OF



# THE ATTORNEY 

# GENERAL

PRICE DANIEL **rwEY GkKEH.41. 

### AUSTIX.TEXAS .

Hon. H. L. Roberson CountyAttorney Wlnkler County Box 

### 307 Kermit, Texas

Dear Sir: August 

### 5, 1947

OpinionNo. V-329

Re: Construction of H.B. 785, 50th Leg., relative to salaries of county officials In counties having a population of less than 20,000 inhabitants.

Your letter requestingan opinion from this Department on the above subjectmatter Is as follows:

'The CommissionersCourt of Winkler Countyhas requested that I write you for
an opinion on the II: B. No. 

### 785.
"When, or on what date, does thisbecome a law?

'Who are the County Officials; does this include the Commissioners,Constables and~Justloeq of the Peace?

'The Elective Officials in Winkler County are on a salarybasis and their salarieswere set during the month of January, for the year of 1947. However, since the Legislaturehas passed this H.B. 

### 785,giving these seme officials a raise, does the Commissioners Courthave the authority to raise the salaries for the balance of this year?'

B. B. No. 

### 785,Acts of the 50th Legislature, provides as follows:

"Section 1. In all counties of this State having a population of lessAA-mn twenty thousand (20,000),according to the last preceding Federal Census, and in which
, counties the CommissionersCourtshave determined that the county officials shallbe

### ,

Hon. 

### is0 H. L. Boberson - Page 2 (V-329)

CO~8n8t3tedOn a salarybaals, anoh ConunlaSiOn8rS COIWtS 82'8 authoriaed t0 fti the ealarles of county offlolals in such counties, their deputies, Clarke and asslstante. Said compensation shallb8 paid in monthly
or aemlmonthlyinstallments,as said Court may determine. Provided,hoV8Ver, that no salary fixed herein by auoh Commlssloners Court shallbe In au amount to exceed Five !l?housand,

Four Hundred Dollars ($5,40O),for the County Offic~ers and in an amount of Three l!&ousand,

SIX Hundred Dollers~

### ($3,600) for Deputies,Assistants, azidClerks;provided, further that no salary shallbe set at a figure lover than that paid for th8 CalendarYear 1946.



### “Sec.2.All laws and parts of lavs, in a0 far as the same apply t0 CoXUIti8Svlthln the provisions of this Act, shallbe, and the same are hereby, repealed to the extent of such conflict.

"%G* The fact that county officials and depu es, clerks and assistants In the countieswithin the provisions of this

### Act are inadequatelyCompensated for their services; the fact that said counties are losing and vi11 oontinue to lose the selivlo8s of valuable dfflcials'snd couuty employees unless such comp8nbation is ,inCreased;the further fact that Oang COUI.It%eS

Of this Stat8'Vithin'th8~pOpulation limits provided In this Act have large financial resourcesby reason of which heavy responsibilitiesare placed on some countyoffiolals; and the fact that said officials and 8IQlOy88S CarlnOt

be prOp8rly Comp8nsat8dunder the present Statutes; the further fact that the, local officials of the countieswithin the provisions of this Aot are far more competent than the Legislature to determine the fair and reasonable compensation.for such officials. and employees; the further fact that it.ls a sound principle of government to leave the local affa*s as nearly to the people as possible; and the further fact that the county officials in said countieswill be responsible to the people of such Counties for their acts creates anHon. H. L. Roberson - Page 3 (V-329) 

### I.51

emergencyand an imperativepublic necessity that the ConstitutionalRule requiring bills to be read on three severaldays In each House of the Legislaturebe suspended, and said Rule is hereby suspended,and that thisAct shall take effect and be in force from and after Its passage, and it is so enacted.

"Passedthe House, May 

### 15, 1947:Yeas 119, Nays 

### 5; House concurred in Senate Amendments,June 

### 3, 1947;Yeas 102, Nays 10; passed the Senate, as amended,June 

### 3, 1947:Yeas 30, Nays 0.
"Approved: June 12, 1947"
Since H. B. 785 containedan emergency clause and passed with the necessary two-thirds vote of eachhouse, It became effective on June 12, 1947, the date upon which it was approvedby the Governor. Texas Constitution,Art. .~ III, Section 39.

Winkler County, according to the last preceding Federal Census,had a population of 6,141 Inhabitants,and
we are informedby the Comptroller's office that its county officials are compensatedon a.salary basis. Therefore, H. B. No. 

### 785 is applicable to,Winkler County.



### 253: We quote the following from 39 Tex. Jur. pp. 252,

"A statutewill be construed so that it will harmonize with other existing law, unless its provisions clearlymanifest a contrary intention. Thus where the literal language of one act conflictswith that of another, they shouldbe read together and harmonized, if possible; so as tom give effeet to each of them."

We therefore deem It pertinent to quote the folloving statutoryprovisions:

Article 3912~e,

Section 2. /

"The Commissioners’ Court of each county in the State of Texas, at its~first r8gUlar meeting in January of each calendaryear, shall,by ordermade and entered in the minutes of said court, determine whether precinct

### I.52 Hon.H. L. Roberson - Page 4

officers of such county

ZE ZpZZEZ 

### (v-329)

(exoeptpublic of vital stastics)
a salarybasis as provided for in thisAct, or whether they shall receive as their compensation,such fees of office as may be earnedby them in the performance of the duties of their offices.

. .v
Article 3912e, Section 15.

'The Comisslonersl Court In counties having a thousand Population of less than twenty

20,000) inhabitants,according to the last preceding Federal Census at the first regular meeting In January of each calendaryear, may pass an order providing for compensationof all county and precinct officers on a salarybasis."

&tiCle 39128, Sec. 17.
v(a) The term 'PrecinctOfficers'as used in thisAct means justices of the peace and constables."

It is apparent from~the above quoted provisions of the "Officers'Salary Lay" that the Legislaturehas made's distinctionbetween -countyefficers end pr8dbICt officers. The Legislature apparentlyhad this in mind when it used the term 'inwhich counties Commissioners' Courts have determined~that th$ county officials‘shallbe compensatedon a salarybasis. SinceArticle 3912e, Set 17, defines precinct officers (as distinguishedfrom COUT ty officers)as the justices of the peace and constables, it is our opinion that H.B. 785 is not applicable to justices of the peaoe and constables.

In connectionwith your question as to whether
or not H.B. 785 is applicable to county oommissioners,w( direct your attention to the fact that saidAct Is a corn prehensive statute providing for salariesof county offi. cials in countieshaving a population of less than 20,00( inhabitants according to the last precedingFederal Census; and, therefore, it operates in effect to amend SeCtion 15 of Article 3912e. The compensationof county commissioners is not governedby Article 3912e, Section 15, but by Article 2350, as amendedby H.B. 84, Acts ofHon. H. L. Roberson - Page 5 (w-529) 

### 153

the 49th Legislature,which is a statutedealingwith county CormIissloners specifically. According t0 th8 last mentionedArticle, the saJ.arles of county oommissioners are based upon the assessed valuation of the various counties.

25'4-257:We quote the following from 39 Tex. Jur., pp.

'In order to arrive at a proper constructionof a statute, and determine the exact legislative intent, all acts and parts of acts in pari materia will, therefore,be taken.read and construed together. each enttween actment in reference to the &her,-as though theywere parts of law. Any oonfllotbe theirprovisionswill be harmonized If poslb1 d ff t ilb I t 11 th &!&I% zf ~~chwa~t ig zhI?cz Ee mad: to stand together and have concurrent efficacy.

'Thepurpose of the in 'par1 materia rules of construotionis to carry out the full legislative intent,by giving effect to all laws and provisionsbearing upon the same .subject. It proceeds upon the supposition that several statutesrelatingto one subject are governed by one spirit.andpolicy, and are intended to be conslstent~andharmonious in their several parts and provisions. The rule appliesvhere
one statutedeals with a subjects in comprehensive terms and another deals with a portion of the same subject in a more definiteway." (IQnphasis

ours)

By construingArticle 5912e, Sections 2, 15 and 17, Article 2350, and H.B. 785 together in accordancewith the above rule of statutory construction, It is our opinion that the Legislature did not intend to amendArticle 2550, dealingwith county commissioners specifically. Although county commissionersare county officers it is our opinion, in view of the foregoing, t&t H. B. 765, Acts of the 50th Legislature, is not applicable to them, but IS only applicable to those county offi,clals coveredby Section 15 of Article 3912e. :

In answer to your third question, it is our opinion that any increase in salary for the year 1947 must be

### 154 Hon. H. L. Roberson - Page 

### 6 (v-329)

in the samepropo&ion as the remainder of the year is to the total annual increase that may be made under H. B. 

### 785. (See our OpinionV-222, a copy of which ve are herevith enclosing.)

It Is our further opinion that the increase, If any, can only be from the date that the Commissioners' Court grants the increase and amends thebudget accordingly. In this connection,we direct your‘attention toArticle 

### 68ga-11vhlch provides in part as follows:

"When the budget has been finally approved by the Commissioners'Court, the budget, as approvedby the Court shallbe filed with the Clerk of the County Court, and taxes levied only in accordance therewith, and no expenditure of the funds of the county shall theretiter be made except in strict compliancewith the budget as adopted by the Court. Except that emer-, gency expenditures, in case of grave pub110 necessity, to meet unusual and unforeseen conditionswhiah could not, by reasonably diligent thought and attention, have been included in the originalbudget,may from time to time be authorizedby the Court 'asamendments to the originalbudget. In all cases vhere such smendments to the orlglnal'budgetis made, a copy of the order of the Court amending the budget shall be filed‘with the Clerk of the County Court, end attached to the budget originallyadopted."

(1) H. B. 

### 785, 50th Legislature,relative to county officials ,incounties oontalning less than 20,000 inhabitants, is only applicable to the sheriff, assessor and collector of taxes, county judge, COUDtg attorney, district attorney, district clerk, county clerk, treasurer and hide and animal Inspector, and is not applicable to justioes of the peace, constables,or county consnissloners;

having passed with the necessary Z/3 vote of each House, It became effective on June 12, 1947.Hon. H. L. Roberson - Page 7 (V-329)

(2) Any increase in compensationfor the year 1947 must be ln the same proportion
as the remalrder 

### of the year is to the total annual Increase that may be made and must be in oomplfancewith the budget law. Art. 68ga-11,V.C.S.

Yours very truly

ATTORXEP GRNERAL OF TEXAS

JR:wb;djm

Enclosure 

### 155