Honorable A. J. Iiartel, III Opinion No.M-608 County Attorney Liberty County Re: Compensationof members P. 0. Box 431 of the Board of ComLiberty, Texas 77575 missioners of the ChambersLiberty CountiesNavigation Dear Mr. Hartel: District.

you have requested our opinion on the legality of the compensationpaid to members of the Board of Commissioners of the Chambers-LibertyCountiesNavigation Districtpursuant to an order adopted November 23, 1965 by the Commissioners Courts of Chambers and Liberty Counties,under authority of Section 13 of Article 826311, Vernon's Civil Statutes.

This Section 13 provides that members of the Board of Commissionersof Navigation Districts created pursuant to Article 8263h shall "receive for their services such compensation as may be fixedby the commissionerscourt and made of record",

Under these provisions, the compensation is left to the discretion of the commissioners courts of the counties comprising the Navigation District. Carpenterv. ArroyoColoradoNavigation District, 111 S,N.Zd 822 (Tex.Civ.App. '1937, no writ)o you state in your request that pursuant to the provisions of Section 13 of Article 8263h-the Commissioners Courts of~chambers and Liberty Counties on November 23, 1965 adopted orders providing that:

Ia D I) the compensationof members of the Board of ,Commissionersof the Chambers-Liberty Counties.NavigationDistrict shall be Twentyfive 6$25,OOPper dav for each resular or called meeting attendedby a Commissioner and for each .dayrequired to be spent.by~a.Commissionerin discharging the authorized'responsibilities and business of the District." (Emphasisours.)

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Hon. A. J. Hartel, III. page 2 (~-608)

question: In view of the foregoing,you ask the following

"Iwould appreciateyour opinion as to whether then

above cited orders of the Chambers and Liberty Counties CommissionersCourts fixing compensation for services of the Board members.of the Chambers-LibertyCounties Navigation District are authorized and valid under Section 13 of Article 8263h andwhether payments in accordance therewithmay be made for the days which the Board authorizes a member to spend in working on the authorized responsibilitiesand business of the District."

The order of the commissionerscourt involved in Carpenter~YI~Arroyo-Colorad fixed the compensation at a per diem "for each .o,Navigation

District, supra,
calledmeeting" regular or

of the Board and the,Court in that case held that the orders of the CommissionersCourt did not allow compensation to a member who voluntarily absentedhimself from the.meetingof the Board. Under the facts submitted in your request, the order of the Commissioners Court is~not so limited.

Since it iswithin the power and discretion of the Chambers and Liberty Counties CommissionersCourts to fix the compensation for servicesof Boardmembers of the Chambers and Liberty CountiesNavigation District,you are advised that the above quoted order is valid and no abuse of discretion is shown on the part of the Courts in the fixing of the compensation.

you are further advised that the twenty-five ($25.00)per day authorizedby the above quoted order is not limited to the attendance of meetings of the Board of Commissioners of the Chambers-LibertyCountiesNavigation District only, but also includes each day required to be spent by a member of the Board in discharging.the~ authorized responsibility and business of the District.

S U MOM A R Y
Section 13 of Article 8263h,V.C,S,, authorizes,

the CommissionersCourts of the counties

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comprising.NavigationDistricts created by that Article to fix the compensationof the members of the Navigation District Board; and where an order of the CommissionersCourt so authorizes, a reasonableper diem for each day required to be spent by a Board member in discharging the authorized ility and business of the District llowed.

Prepared by John~Reeves Assistant Attorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E. Allen, Acting Co-Chairman Vince Taylor Jo Betsy Lewallen James Quick H. C, Heldenfels, Jr.

MEADE F, GRIFFIN Staff Legal Assistant

ALFRED WALKER Executive Assistant

NOLA WHITE FirstAssistant

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