. 

‘ 

R-122 

OIWICE OF 

THE ATTORNEY GENERAL 

PRICE DANIEL 

ATTORNEY GENERAL 

March 6, 1947 

Hon. John F. May 

District Attorney 

Karnes County 

Karnes City, Texas 

Dear Sir: 

Opinion No. v-73 

Re : Maximum salary of District 

Clerk and County Treasurer of I&rues County, Texas. 

We quote the following letter from your Dlstrict Clerk, Mr. Marvin F. Kollnek, which he wrote at 

your suggestion requesting an opinion from this office 

on the above subject matter: 

“I have been advised by Hon. John P. May, 

District Attorney for the 81st Judicial Dlstrict, to write you in regard to the quest Ions I have in mind. 

“First I will state a few facts for your 

inf orra t ion. We are on a salary basis. We 

have a population of about 20,000. We have a 

valuation of $11,280,000. 

“As the present set up exists, the County 

Judge, County Clerk, Sheriff, and Tax Assessor 

& Collector, are receiving the naxlmum of $3750. 

00 per year. The County Attorney receives $3000. 

00 per year, and the District Clerk and County 

Treasurer receive $2500.00 per year. 

“I will appreciate it very much if you will 

give me an opinion on this mstter, as to whether 

the District Clerk and County Treasurer may receive the samxary as the County Judge, Coutfity 

Clerk, Sheriff and Tax Assessor and Collector. 

gisrnes County has a population of 19,248 inhabitants accord.ing to the 1940 Census and we are informed 

by the Comptroller’s office that its officials are compensated on a salary basis. Therefore, the compensation 

of the District and County officials of Barnes County::ls 

governed by the provisions of Section 15 of Article 3912e 

which reads in part as follows: 
Hon. John F. May, Page 2, V-73 

"The Commissioners' Court in counties 

havin 

sand f 

a population of less than twenty thou20,000) inhabitants, according to the 

last preceding Federal Census at the first 

regular meeting In January of each calendar 

JTear, rmy mss an order providing for compensation of all county and precinct officers 

on a salary basis. The Commissioners' Court 

in each of such counties Is hereby authorized, 

and it shall be its duty, to fix the salaries 

of Criminal District Attorneys. In the event 

such Court passes such order they shall pay to 

each of said District and County officers in 

money an annual salary in twelve (12) equal 

installments of not less than the total sum 

earned as compensation by said officer in his 

said official capacity for the fiscal year of 

1935 and not more than the maximum allowed 

such officer under laws existing August 24, 

1935, and not more than the maximum amount 

allowed such officer under laws existing August 24, 1935, provided, that in counties having a population of less than twenty thousand 

(20,000) Inhabitants, according to the last 

preceding Federal Censusj and having an assessed valuation in excess of Ten Million 

($10,000,000.00) Dollars according to the 

last preceding approved tax roll of such county the maximum amount allowed such officers 

as salaries may be increased one (1s) per cent 

for each One Million ($l,OOO.OOO.OO) Dollars 

valuatjon, or fractional part thereof, in excess of said Ten Million ($10,000,000.00~ Dollars valuation over and above the maximum amount allowed such officers under laws existing on August 24, 1935; provided, however, no 

salaries covered by this Section shall exceed 

the sum of Four Thousand Five Hundred ($4,500. 

00) Dollars regardless of the percentage of lncrease in population and valuation and provided 

further that in all counties having a popu3atiOn 

of not less than twenty thousand and one (20,001) 

and not more than twenty-five thousand (25,000), 

according to the last preceding Federal bUSUS 

and which has an assessed valuation IU excess 

of Twenty-five Million ($25,000,000.00~ Dollars 

according to the last preceding approved tax 

roll of such counties, the county judge, sheriff, 
Hon. John F. May, ,&age 3, V-73 

county attorney, assessor and collector of 

taxes, county clerk and districtclerk, the 

maximum salary is hereby fFxed at Three Thousand and Seven Hundred and Fifty ($3,750.00) 

Dollars:. 

” 

. . . . 

"(b) The Commissioners Court is hereby 

authorized, when in their judgment the financial condition of the county and the needs of 

the officers justify the increase, to enter an 

order increasing the compensation of the precinct, county and district officers in an addltlonal amount not to exceed twenty-five (25s) 

per cent of the sum allowed under the law for 

the fiscal year of 1944, provided the total 

compensation authorized under the law for the 

fiscal year of 1944 did not exceed the sum of 

Thirty-six Hundred ($3600.00) Dollars." 

Under the provisions of Section 15,,Article 

3912e, the County and District offlclals are entitled 

to not less than the total sum earned as compensation 

for the fiscal year 1935 and not more than the nnxlmum 

amount allowed under the law existing August 24, 1935, 

plus one (1s) per cent for each $1,000,000.00 valuation 

or fractiooal ps,rt thereof in excess of $10,000,000.00 

assessed valuation. 

According to the records of the Comptroller's 

office, Karnes County had an assessed valuation in 1943 

of $8,188,360.00 and an assessed valuation in 1946 of 

$11,817,610.00. Therefore, in 1944 District and County 

off~icials named in Article 3912e, Section 15, were not 

entitled to any percentage increase over and above the 

maximum amount allowed such officers under the law existing August 24, 1935, since said county did not have 

an assessed valuation In excess of $10,000,000.00. The 

msximum salary the District Clerk of Karnes County could 

receive under the law existing August 24, 1935, as fixed 

by Section 1 of Article 3883 and Article 3891 as amended 

by Ch. 327, Acts of the 44th Legislature, p. 752 was 

$3,000.00. The maximum salary of the County Treasurer 

of l&rues County could receive under the law existing 

August 24 1935, as fixed by Article 3943 as amended by 

Chspter 346, Acts of the 42nd Legislature, p. 833, was 

42,ooo.oo. 
Hon. John F. My, Page 4, Vi73 

Subdivision (b) of Section 15 of Article 

39128 authorizes the Commissfonersf Court to allow an 

additional Increase la the compensation of twenty-five 

(252) per cent of the sum allowed under the law for the 

fiscal year of 1944. Therefore, the Commissioners1 

Court of &rues County could allow an additional lncrease of $750.00 (25s of $3,000.00) to the District 

Clerk&d an additional Increase of $500.00 (25% of 

$2,000.00) to the County Treasurer. 

Since Karnes County had an assessed valuation 

in 1946,of $11,817,610.00, it is the opinion of this Depsrtaient that the Commissioners1 Court of Karnes County 

nay flithe salary of the District Clerk two (22) per 

cent over and above the mximum amount allowed such officer under the law existing August 24, 1935 ($3,000.00 

P 

lus 

252) 

$60.00) plus an additional increase of twenty-five 

per cent over and above the sum allowed under the 

law for the fiscal year of 1944 ($750.00). It is further our opinion that the Commissioners' Court of gbrnes 

of the County Treasurer for 

per cent over and above the 

maximum amount allowed such officer under the last existing August 24, 1935 ($2,000.00 plus $40.00) plus 

an additidnal Increase of twenty-five (25%) per cent 

over and above the sum allowed under the law for the 

fiscal year of 1944 ($500.00). In other words, the 

maximum salary that say be allowed the District Clerk 

of &rues County Is $3,81.0.00. ($3,000.00 plus $60.00 

plus $750.00) and the maximum that nn 

% 

be allowed the 

County Treasurer of Karnes County is 

00 plus $40.00 plus $500.00). 

2,540.OO ($2,.000. 

SUMMARY 

1. The maximum salary that rmy be allowed the District Clerk of @rnes County If 

$3,810.00.00. Articles 3883, 3891 and Article 

3912e, Section 15, V. A. C. 3. 
Hon. John F. by, Page 5; V-73 

2. The nuxlmum salary that msy be allowed the County Treasurer of I&rues County 

Is $2,540.00. Articles 3943, V. A. C. 3. 

Yours very truly, 

ATTORREY GENERAL OF TEXAS 

Assistant 

By c&2kSes~ 

Assistant 

JR:djm:mrj 

APPROVED MAR. 6. 1947 

i3,, g2 

ATTORNEY GF.NEXlAL OF TEXAS 

APPROVED OPINION COMMITTEE 

BY BWB,CEAIRMAN