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‘ R-122



### OIWICE OF 

# THEATTORNEY 

# 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 Clerkand 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 suggestionrequestingan opinion from this office
on the above subjectmatter:

“Ihave been advised by Hon. John P. May, DistrictAttorney for the 81st Judicial Dlstrict, to write you in regard to the questIons I have in mind.

“First I will state a few facts for your inf orration. We are on a salary basis. We have a population ofabout 20,000. We have a valuation of $11,280,000.

“Asthe present set up exists, the County Judge, County Clerk, Sheriff, and Tax Assessor & Collector,are receiving the naxlmum of $3750. 00per year. The CountyAttorney receives $3000. 00 per year, and the District Clerkand County Treasurer receive $2500.00per year.

“Iwill appreciate it very much if you will give me an opinion on this mstter, as to whether the District Clerk and County Treasurermay receive the samxary as the County Judge, Coutfity Clerk, Sheriff and Tax Assessor and Collector. gisrnesCountyhas a population of 19,248 inhabitantsaccord.ingto the 1940 Censusand we are informed by the Comptroller’soffice that its officialsare compensated on a salary basis. Therefore, the compensation of the District and County officials of Barnes County::ls governedby the provisions of Section 15 of Article 3912e whichreads in part as follows:Hon. John F. May, Page 2, V-73

"TheCommissioners'Court in counties havin sand f a population of less than twenty thou20,000) inhabitants,according to the last preceding Federal Censusat the first regular meeting In January of each calendar JTear, rmy mss an order providing for compensation of all countyand precinct officers
on a salary basis. The Commissioners'Court in each of such counties Ishereby authorized, and it shall be its duty, to fix the salaries of CriminalDistrict Attorneys. In the event such Court passes such order they shall pay to each of saidDistrict and County officers in money an annual salary in twelve (12)equal installmentsof not less than the total sum earned as compensationby said officer inhis said official capacity for the fiscal year of 1935and not more than the maximum allowed such officer under laws existingAugust 24, 1935, and not more than the maximum amount allowed such officer under laws existingAugust 24, 1935,provided, that in countieshavinga population of less than twenty thousand (20,000) Inhabitants,according to the last preceding Federal Censusjand having an assessed valuation in excess of Ten Million ($10,000,000.00)Dollars according to the last precedingapproved tax roll of such county the maximum amount allowed such officers
as salariesmay be increased one (1s)per cent for each One Million ($l,OOO.OOO.OO)Dollars valuatjon, or fractionalpart 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 populationand valuationand provided further that inall countieshaving a popu3atiOn of not less than twenty thousandand one (20,001) and not more than twenty-fivethousand (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 precedingapproved tax roll of such counties, the county judge, sheriff,Hon. John F. May, ,&age 3, V-73

countyattorney, assessor and collector of taxes, county clerk and districtclerk, the maximum salary ishereby fFxed at Three Thousand and Seven Hundred and Fifty ($3,750.00) Dollars:.

”

. . . . "(b) The Commissioners Court ishereby authorized, when in their judgment the financial condition of the countyand the needs of the officers justify the increase,to enter an order increasing the compensation of the precinct, countyand district officers in an addltlonalamount not to exceed twenty-five (25s) per cent of the sumallowed under the law for the fiscal year of 1944, provided the total compensationauthorized under the law for the fiscal year of 1944 did not exceed the sum of Thirty-sixHundred ($3600.00) Dollars."

Under the provisions of Section 15,,Article 3912e, the Countyand District offlclalsare 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 existingAugust 24, 1935, plus one (1s)per cent for each $1,000,000.00valuation
or fractiooalps,rtthereof in excess of $10,000,000.00 assessed valuation.

According to the records of the Comptroller's office, Karnes Countyhad an assessed valuation in 1943 of $8,188,360.00 and an assessed valuation in 1946 of $11,817,610.00. Therefore, in 1944District and County off~icials

named inArticle 3912e, Section 15, were not entitled to any percentage increase over and above the maximum amount allowed such officers under the law existingAugust 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 ofArticle 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 ofArticle 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 couldallow 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 Countyhad an assessed valuation in 1946,of $11,817,610.00, it is the opinion of this Depsrtaient

that the Commissioners1Court of Karnes County nay flithe salary of the District Clerk two (22)per cent overand above the mximum amount allowed such officer under the law existingAugust 24, 1935 ($3,000.00

Plus 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 CountyTreasurer for per cent over and above the maximumamount allowed such officer under the last existingAugust 24, 1935 ($2,000.00plus $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 otherwords, the maximum salary that say be allowed the District Clerk of &rues County Is $3,81.0.00. ($3,000.00plus $60.00 plus $750.00)and the maximum that nn% be allowed the County Treasurer of Karnes County is 00 plus $40.00plus $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