OFFICE OF 

THE ATTORNEY GENERAL 

PRICE DANIEL 

**rwEY GkKEH.41. 

AUSTIX.TEXAS . 

Hon. H. L. Roberson 

County Attorney 

Wlnkler County 

Box 307 

Kermit, Texas 

Dear Sir: 

August 5, 1947 

Opinion No. 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 requesting an opinion from this 

Department on the above subject matter Is as follows: 

'The Commissioners Court of Winkler 

County has requested that I write you for 

an opinion on the II: B. No. 785. 

"When, or on what date, does this become 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 salary basis and their 

salaries were set during the month of 

January, for the year of 1947. However, 

since the Legislature has passed this 

H.B. 785, giving these seme officials a 

raise, does the Commissioners Court have 

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 less AA-mn 

twenty thousand (20,000), according to the 

last preceding Federal Census, and in which , 

counties the Commissioners Courts have determined that the county officials shall be 
, Hon. 

is0 

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

CO~8n8t3ted On a salary baals, anoh ConunlaSiOn8rS COIWtS 82'8 authoriaed t0 fti the 

ealarles of county offlolals in such counties, their deputies, Clarke and asslstante. 

Said compensation shall b8 paid in monthly 

or aemlmonthly installments, as said Court 

may determine. Provided, hoV8Ver, that no 

salary fixed herein by auoh Commlssloners 

Court shall be 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, azid Clerks; provided, further that no salary shall be set 

at a figure lover than that paid for th8 

Calendar Year 1946. 

“Sec. 2. All laws and parts of lavs, 

in a0 far as the same apply t0 CoXUIti8S vlthln the provisions of this Act, shall be, 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the same are hereby, repealed to the extent 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 

counties within the provisions of this Act are 

inadequately Compensated 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 resources by reason of which heavy 

responsibilities are placed on some countyoffiolals; and the fact that said officials and 

8IQlOy88S CarlnOt be prOp8rly Comp8nsat8d under 

the present Statutes; the further fact that the, 

local officials of the counties within 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 counties will be responsible to the people 

of such Counties for their acts creates an 
Hon. H. L. Roberson - Page 3 (V-329) I.51 

emergency and an imperative public necessity that the Constitutional Rule requiring 

bills to be read on three several days In 

each House of the Legislature be suspended, 

and said Rule is hereby suspended, and that 

this Act shall take effect and be in force 

from and after Its passage, and it is so 

enacted. 

"Passed the 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 contained an emergency clause 

and passed with the necessary two-thirds vote of each house, 

It became effective on June 12, 1947, the date upon which 

it was approved by 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 informed by the Comptroller's office that its county 

officials are compensated on 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 statute will be construed so that it 

will harmonize with other existing law, unless its provisions clearly manifest a contrary intention. Thus where the literal 

language of one act conflicts with that of 

another, they should be read together and 

harmonized, if possible; so as tom give effeet to each of them." 

We therefore deem It pertinent to quote the folloving statutory provisions: 

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 calendar year, 

shall, by order made 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) 

(exoept public 

of vital stastics) 

a salary basis as 

provided for in this Act, or whether they 

shall receive as their compensation, such 

fees of office as may be earned by them in 

the performance of the duties of their offices. . .v 

Article 3912e, Section 15. 

'The Comisslonersl Court In counties 

having a 

thousand P 

opulation of less than twenty 

20,000) inhabitants, according 

to the last preceding Federal Census at 

the first regular meeting In January of 

each calendar year, may pass an order providing for compensation of all county and 

precinct officers on a salary basis." 

&tiCle 39128, Sec. 17. 

v(a) The term 'Precinct Officers' as 

used in this Act means justices of the peace 

and constables." 

It is apparent from~the above quoted provisions 

of the "Officers' Salary Lay" that the Legislature has 

made's distinction between -county efficers end pr8dbICt 

officers. The Legislature apparently had this in mind 

when it used the term 'in which counties Commissioners' 

Courts have determined~that th$ county officials‘shall be 

compensated on a salary basis. Since Article 3912e, Set 

17, defines precinct officers (as distinguished from 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 connection with your question as to whether 

or not H.B. 785 is applicable to county oommissioners, w( 

direct your attention to the fact that said Act Is a corn 

prehensive statute providing for salaries of county offi. 

cials in counties having a population of less than 20,00( 

inhabitants according to the last preceding Federal Census; and, therefore, it operates in effect to amend SeCtion 15 of Article 3912e. The compensation of county 

commissioners is not governed by Article 3912e, Section 

15, but by Article 2350, as amended by H.B. 84, Acts of 
Hon. H. L. Roberson - Page 5 (w-529) 153 

the 49th Legislature, which is a statute dealing with 

county CormIissloners specifically. According t0 th8 

last mentioned Article, 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 construction of 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 

they were parts of law. Any oonfllot be 

their provisions will 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. 

'The purpose of the in 'par1 materia rules 

of construotion is to carry out the full legislative intent, by giving effect to all laws 

and provisions bearing upon the same .subject. 

It proceeds upon the supposition that several 

statutes relatingto one subject are governed 

by one spirit.and policy, and are intended to 

be conslstent~and harmonious in their several 

parts and provisions. The rule applies vhere 

one statute deals with a subjects in comprehensive terms and another deals with a portion of 

the same subject in a more definite way." 

(IQnphasis ours) 

By construing Article 5912e, Sections 2, 15 and 

17, Article 2350, and H.B. 785 together in accordance with 

the above rule of statutory construction, It is our opinion that the Legislature did not intend to amend Article 

2550, dealing with county commissioners specifically. Although county commissioners are 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 covered by 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 same propo&ion as the remainder of the year 

is to the total annual increase that may be made under 

H. B. 785. (See our Opinion V-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 the budget 

accordingly. In this connection, we direct your‘attention to Article 68ga-11 vhlch provides in part as follows: 

"When the budget has been finally approved by the Commissioners' Court, the 

budget, as approved by the Court shall be 

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 compliance with the budget as 

adopted by the Court. Except that emer-, 

gency expenditures, in case of grave pub110 necessity, to meet unusual and unforeseen conditions whiah could not, by reasonably diligent thought and attention, have 

been included in the original budget, may 

from time to time be authorized by the 

Court 'as amendments to the original budget. 

In all cases vhere such smendments to the 

orlglnal'budget is 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 originally adopted." 

(1) H. B. 785, 50th Legislature, relative to county officials ,in counties 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 compensation for 

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 oomplfance with the budget law. Art. 

68ga-11, V.C.S. 

Yours very truly 

ATTORXEP GRNERAL OF TEXAS 

JR:wb;djm 

Enclosure 

155