August 3, 1988

Mr. Oliver Lewis, Jr. Bexar County Auditor 224Dwyer SanAntonio, Texas 78204 Opinion No. JM-938

Re: Conflict between portions of the Government Code regarding salary supplementation ofdistrict judges in Bexar County (RQ-1401)

DearMr. Lewis:

you askus to resolve anapparent conflict between two provisions of section 32.015 of the Government Code. Section 32.015provides:

(a) The Commissioners Court of Bexar County shallbudget forandpay the judges of the district courts having jurisdiction in that county anannual sal.aryof $12,000 for services rendered and for performing administrative services.
(b) The salary shall bepaid in equal monthly installments from the county general fund or officers' salary fund.
(c) The salary is in addition to the salary paid by the state.
(d) The combined yearly salary from the county and the state received by each judge ofthe district courts of Bexar County may not exceed an amount equal to $1,000 less than the combined yearly salary from the state and county received by each justice of the court of appeals inthe court of appeals district inwhich Bexar County is located.

YOU suggest that subsection (a) conflicts with subsection (a). Subsection (a) provides that Bexar County shall pay district judges anannual salary of $12,000. YOU interpret subsection (d) asallowing Bexar County to pay district judges any amount as long as the amount isat least $1,000 less than the combined annual salary received by justices of the court of appeals for the Fourth Court ofAppeals. See

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Gov't Code 522.201(e) (BexarCountywithin Fourth Court of Appeals District). 'You argue that subsection Cd) was enacted later in time than subsection (a) and that it therefore prevails. We disagree both with your interpretation of subsection (d) and with your suggestion that subsection (d)was enacted later than subsection (a).

The substance of subsection (a)was enacted at the same time as the substance of subsection (d)andwas originally codified as article 6819a-19c, V.T.C.S. Acts 1973, 63rd Leg., ch. 205, at 476. The original language was as follows:
Section 1. The judges of the district

courts of Bexar County shall receive, in addition to the salary paid by the State to them and to other District Judges of this State, the sum of $12,000 annually abiect to thenrovisions of Section 2of thisAct, to bepaid inequalmonthly installments out of the General Fund or Officers Salary Fund of the county, forall services rendered to the county and for performing administrative services. The Commissioners Court shallmake proper budget provisions for the payment thereof

. . . . Section 2. The combined yearly salary rate from state and county sources of the judges of thedistrict courts ofBexar County may not exceed an amountwhich is $1,000 less than the combined yearly salary rate from state and county sources received by the judges of theCourt ofCivilAppeals inwhose district Bexar County is located. (Emphasis added.)

Because the requirement that Bexar County pay $12,000 to district judges was made subject to the requirement that a district judge's total salary be at least $1,000 less than thesalaries of the justices of the Fourth Court ofAppeals, it follows that the Sl2,OOO'supplement would have to be reduced if itcaused the district judges' salaries to exceed that cap.

In 1985 the legislature adopted theJudicial Title of the Government Code, which was anonsubstantive recodification ofanumber of statutes affecting the judiciary. Acts 1985, 69th Leg., ch. 480, 5 1,at 1720.Article 6819a-19c, V.T.C.S., was recodified as section 32.015 of the Government Code. Although theprecise language was changed, the recodification was nonsubstantive. Id. § 27 (providing that

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Judicial Title of Government Code is not intended to make substantive changes inthe law).

In 1987 the legislature amended subsection Cd) of section 32.015 as follows:

Section 32.015(d), Government Code, is amended to read as follows:
(d) The combined yearly salary from the county and the state received by each judge of the district courts of Bexar County may not exceed anamount equal to $1,000 less than the combined yearly salary from the state and county received by each justice of the court of appeals 'inthe court of aooeals [supreme-jadieia%] district in which Bexar County is located.

Acts 1987, 70th Leg., ch. 148, 5 1.46, at 539. It is this change that isthebasis foryour suggestion that subsection (d)is a later enactment than subsection (a). The only change made by the 1987 amendment, however, was to substitute thephrase "court of appeals" forthephrase "supreme judicial." Thatwas done inorder to conform the Government Code to changes made by theadoption of the constitutional amendments proposed by Senate Joint Resolution No. 14, Acts of the 69thLegislature, Regular Session, 1985. Acts 1987, 70th Leg., ch. 148, § 1.01, at 535. That conforming amendmentmakes no substantive change insubsection (d)and does not affect themeaning of section 32.015.

In summary, subsection (d)does notpermit Bexar County topay district judges more than 812,000. Rather, the language of the original enactment makes clear that subsection (d)could, under a future appropriations act,1 be

1. Under the current appropriations act there would be
noneed to reduce the $12,000 supplement. The annual salary tobepaid by the state to the associate justices of the Fourth Court of Appeals by the state is $70,916. General Appropriations Act,Acts 1987, 70th Leg., 2dC.S., ch. 78, 5IV-4 (chief justice to receive $71,379). The annual salary tobepaid todistrict court judges by the state is $56,135. Id. 5IV-25. Section 32.015 of theGovernment Codeprovides that the Bexar County supplement fordistrict judges shall be $12,000. The total state and county salary for district court judges inBexar County, therefore, would be $68,135. (FootnoteContinued)

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the basis for reducinq the Bexar County supplement for district judges.

SUMMARY

Bexar County has no authority to pay district judges a salary supplement of more than $12,000 ayear.

JIM MATTOX Attorney General ofTexas

MARY KELLER FirstAssistant Attorney General

LOUMCCREARY Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee
Prepared by Sarah Woelk Assistant Attorney General

(Footnote Continued) Even ifthe justices of the Fourth Court ofAppeals received
no county supplement, the salary of the district court judges would be $2,781 less than the salary of the justices forthe Fourth Court ofAppeals. &g Gov't Code § 31.001 (authorizing counties to supplement salaries of justices of courts ofappeals). See senerally Attorney General Opinion H-123 (1973). Therefore, compliance with subsection (a) of section 32.015 would not prevent Bexar County from also complying with subsection (d).

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