July 23, 1951

Hon. Canard Florence County Attorney Stith County OplnlonHo. v-1212 Rea Presentmaxlmum salTyler, Texas Dear Sir: aries of justicesof the peace in Smith county. You have requpstedan opinion concerningthe 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 governedby the provisionsof Section l?(b) of Article 39120,V.C.S., and Section 1 of Article 3912g, V.C.S. These articlesprovide in part:

Art. 3912e, Sec. 17(b): "In counties where it shall have been determinedthat precinct officersshall be caspensatedon an annual salarybasis it shall be the duty of the CcaW.ssioners' Court of such county to fix the salary allowed to such officers. Each of said officersshall be paid In money an annual salary in twelve (12) equal installmentsof not less than the total sum earned as compensation earned by him in his officialcapacityfor the fiscal year 1935 and not more than the maximum amount allowed such officerunder 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 financialconditionof the county and the needs of the officer justify the lncrease, to enter an order increasingthe compensationof the precinct, county-and district officers,or either of them, in an additionalamount 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 officialsIn like proportion."
In 1935 Smith County had a populationaccording 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; authorizingincreases in compensation to certain officers,is not applicableto precinct officers gove,rned

by Section 17 of Article 3912e, but It is only applicableto officersgovernedby the articles amended by Senate Bill 123, namely,Art. 3912e, Sets. 13, 1 and Arts. 0-658 (1945). 2 3891 and 3902, V.C.S. Att'g Gen. Op.
Since Smith County has a populatltiof less than 75,000,(74,701 increases - 1950 Federal census) 'inhabitants,

authorleedby House Bill 81, Acts 51st Leg., R.S. 1949, ch. 257, p. 474, are not applicableto 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.), therewas no provision increasingthe compensationof the justices of the peace of Smith County over the amount allowed under the law as It existed on August 24, 1935. Article 39128 authorieesan increase of twenty-five per cent of the sum allowed under the law in 1948,,($2200.00).

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

. We are enclosingcopies of AttorneyGeneral's Opinions O-6588 (1945)and V-750 (1948)..

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

9 Compensationof justices of the peace

of Smith County is governedby 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 $2750.00per annum. APPROVED: J. C. Davis, Jr. County Affairs Mvleion
EverettHutchinson ExecutiveAssistant Charles D. Mathews First Assistant
JRrmw Yours very truly, PRICE DNVIEL AttorneyGeneral

John Reeves Assistant