E NE EXAS

February 17, 1966

Honorable Charles Criminal District Harrison County Marshall, Texas

Dear Mr. Allen: A. Allen Attorney OpinionNO. c-615

Re: Whether Harrison' County Is authorized to employ a secretary for the juvenile officerpureuant to the provisions of Article 51395, Vernon's Civil Statutes, and related question.

You have requested, by your letter and subsequent telephone conversationswith this office, the opinion of this office as to whether Harrison County Is authorized,pursuant to the provisions of Article 51395, Vernon's Civil Statutes, to employ a secretary for the juvenile officer, and if so,may the salary of such secretary exceed the salaryprovisions of Article 51395.

In connection'wlththe foregoing you have stated In your letters

that:

"In 1964 the Commissioners Court of Harrison County authorized the employment of a secretary for the Junveile Officer of Harrison County. Prior thereto, an agreement was worked out with the State Department of PublicWelfare whereby among other things the State Department of PublicWelfare would appoint a ChildWelfare Caseworker,who, In turn, would be designatedby the Juvenile Board (composedof the District and County Judge) as Juvenile Officer.

. . . n

. . . "TheDepartment of Public Welfare now inaiats that the secretary, ,whois paid by the County but qualifiedby the Department of PublicWelfare, be paid on the merit system. If the Commissioners'Court of

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Harrison County complieswith the request of the Departmentof PublicWe.lfare;the amount expendedwould exceed $3,500, the amount authorizedby Article 5139J, which is the amount originally agreed upon by Harrison County."
Section 3a of Article 51395 provides in part that:
"The juvenileboard of Harrison County may appoint a juvenileofficer, whose salary shallbe fixedby the Commissioners Court of said county in an amount not to exceed Three Thousand Dollars ($3,000)per year, and whose llowance'forexpenses shallnot exceed Five, &ndred Dollars ($500)per year.
. . .The CommissionersCourt shallprovide the necessary funds for payment of the salary and expenses of the juvenile officer." (Emphasisadded).
While the provisions of Section 3a of Artic&e 51395 authorize the Harrison County JuvenileBoard to appoint a juvenileofficer whose salary shall be fixed by the Commissioners Court in an amount not to exceed $3,000.00per year and whose expense allowance shallnot exceed $500.00per year, we are of the opinion that Section 3a of Article 51395 does not authorize the Harrison County JuvenileBoard or the CommissionersCourt of Harrison County to either employ or compensate a secretary for the juvenileofficer. The authorization found in Section 3a of Article 51395 is limited to the employment and compensationof a juvenile officer and does not provide for the employment or compensation of other personnel who may'work in conjunctionwith the juvenile officer. Such conclusion in construing the powers of the CommissionersCourt oursuant to the orovisions of Section 3a of Article 513 J'is in harmon with such cases as Canales 71.

Laughlin, 1

z7 Tex. 169, 21% S.W.2d 451 (198); Childress County v. State, 127 Tex. 343, 92 S.W.2d 1011 (1936);and Roper v. Hall, 280 S.W. 289 (Tex.Civ.App.1925).

In connectionwith the foregoing it shouldbe noted, however, that while Section 3a of Article 51395 does not authorize the employment or compensationof anyone other than a juvenile officer, Section 39 and Section A0 of Article 6;:

5c,. Vernon's Civil Statutes, the Public Welfare Act of 19 1, provide that:

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Hon. CharlesA. Allen, page 3 (c-615)

“Sec. 39. No provision of thisAct is intended to release the counties and municipalities in this State from the speCific responsibilltywhich is currentlyborne by those counties and municipalities in support of public welfare, child welfare, and relief services! Such fundswhich'may hereafter be appropriated'by the countiesand municipalities for those servicesmay be administered through the county or district offices of the State De Welfare artment ,&ate Department of Public

, and if so administered, shallbe devote % exclusively to the services in the county or municipalitymaking such appropriation.

"Sec. 40. County ChildWelfare Boards established,orhereinafter appointed in conformitywith Section~4,Acts of 1931, Fortysecond Le
ii- &islature,pa e t 323, Chapter 194 Section of Article 94a, Vernon's Civil tatuteg, shall function and/or continue to function as provided therein, and the Commissioners Court of any county may appropriate funds from its general funds, or any other available fund, for the administration of such County ChildWelfare Boards and provide for services to and suppart of children in need of protection and/or care." (Emphasisadded).

Pursuant to the foregoingprovisions, and the conclusions reached in Attorney General'sOpinions No. O-5943 (1944)and No. 0-6335 (lg&), it would appear that the Commissioners Court of a countywould be authorized to employ such personnel as it deemed necessary to provide for services to and support of children in need of protection and/or c.are and compensate such persons so employed in any amount deemed reasonable and proper by the CommissionersCourt. finaddition, if an individual employedby the Commissioners Court,pursuant to Section 39 and Section 40 of Article 695c, had as one of his or her duties the task of acting as secretary to the juvenile officer of the county, we are of the opinion that this duty would be within the authorization of Section 39 and Section 40 of Article 695c, as the responsibilitiesof the county juvenile officer certainly includeservieesto children in need of protection and/or care.

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The provisions of SeCtion3a~of'Article 51395, Vernon's Civil Statutes, do not authorize the Harrison County JuvenileBoard or the Commiesionetrs Court of Harrison County to either employ'or compensatea secretary for the juvenile officer.
However the provisions of Section 39 and Section 40 of Article 695c, Vernon's Civil Statutes,would authorize the Commissioners Court to employ suchpersons as it deemed necessary to provide for services to and support of children in need of protection end/or care, and compensate suchpersons in any amount deemed reasonableand'proper by the CommissionersCourt. In turn, a person so employedpursuant to Section 39 snd Section 40 of Article 695c, could have as one of his or her duties the task of acting as secretary to the juvenile officer.
Very truly yours, WAGQORER CARR

PB:mkh:sj Assistant

APPROVED: OPINION COMMITTEE

W. V. Geppert, John Reeves Roy Johnson John Banks Edward Moffett Chairman

APPROVED FOR THE ATTORNEY GERERAL BY: T. B. Wright

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