July 23, 1951 

Hon. Canard Florence 

County Attorney 

Stith County 

Oplnlon Ho. v-1212 

Rea Present maxlmum salTyler, Texas 

Dear Sir: 

aries of justices of 

the peace in Smith 

county. 

You have requpsted an opinion concerning the 

maximnm salary that may be paid the justices of the 

peace in Smith County. 

The salaries of the justices of the peace of 

Smith County are governed by the provisions of Section 

l?(b) of Article 39120, V.C.S., and Section 1 of Article 3912g, V.C.S. These articles provide in part: 

Art. 3912e, Sec. 17(b): "In counties 

where it shall have been determined that 

precinct officers shall be caspensated on 

an annual salary basis it shall be the duty 

of the CcaW.ssioners' Court of such county 

to fix the salary allowed to such officers. 

Each of said officers shall be paid In money 

an annual salary in twelve (12) equal installments of not less than the total sum 

earned as compensation earned by him in his 

official capacity for the fiscal year 1935 

and not more than the maximum amount allowed such officer under laws existing 

August 24, 1935." 

Art. 3912g, Sec. 1: "The Commlsaioners Court in each county of this State Is 

hereby authorized, when in their judgment 

the financial condition of the county and 

the needs of the officer justify the lncrease, to enter an order increasing the 

compensation of the precinct, county-and 

district officers, or either of them, in 

an additional amount not to exceed twentyfive (25s) per cent of the sum allowed under the law for the fiscal year of 1948, 
7 

Hon. Canard Florence,,page 2 (V-1212) 

whether paid on fee or salary basis; __ -, . provlded, however, the members of the Comtnlssioners Court may not raise the salaries of 

any of such Commissioners Court under the 

terms of this Act without raising the salary of the remaining county officials In 

like proportion." 

In 1935 Smith County had a population according to the 1930 Federal census of 53,123 Inhabitants. 

Therefore, the maximum compensation allowed under the 

law as It existed on August 24, 1935, to the justices 

of the peace of Smith County was $2200.00. Arts. 3883, 

3891, V.C.S. (S.B. 209, Acts 43rd Leg. R.S. 1933, ch. 

220, pt 734);,Att'g'Gen. Op. V-750 (1948). 

Senate Bill 123, Acts 49th Leg., R. S. 1945, 

ch.179, p. 244; authorizing increases in compensation 

to certain officers, is not applicable to precinct officers gove,rned by Section 17 of Article 3912e, but It 

is only applicable to officers governed by the articles 

amended by Senate Bill 123, namely, Art. 3912e, Sets. 

13, 1 and Arts. 

0-658 2 (1945). 

3891 and 3902, V.C.S. Att'g Gen. Op. 

Since Smith County has a populatlti of less 

than 75,000,(74,701 

increases 

- 1950 Federal census) 'inhabitants, 

authorleed by House Bill 81, Acts 51st Leg., 

R.S. 1949, ch. 257, p. 474, are not applicable to Smith 

county. 

Therefore, until the enactment of Senate Bill 

92, Acts 51st Leg., R.S. 1949, ch. 320, p. 691 (Art. 

3912g, V.C.S.), there was no provision increasing the 

compensation of the justices of the peace of Smith County over the amount allowed under the law as It existed 

on August 24, 1935. Article 39128 authoriees an increase of twenty-five per cent of the sum allowed under 

the law in 1948,,($2200.00). 

You are therefore advised that the maximum aalary that may be paid a justice of the peace in Smith County under existing law Is $2750.00 ($2200.00 plus $550.00). . 

We are enclosing copies of Attorney General's 

Opinions O-6588 (1945) and V-750 (1948). 
. 

Hon. Canard Florence, page 3 (V-1212) 

9 Compensation of justices of the peace 

of Smith County is governed by Section 17(b) 

of Article 3912e and Article 3912g, V.C.S. 

The maximum salary that may be paid such officers under existing law 5.8 $2750.00 per 

annum. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Mvleion 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

JRrmw 

Yours very truly, 

PRICE DNVIEL 

Attorney General 

John Reeves 

Assistant