Hon. Austin F. Anderson CriminalDistrictAttorney Bexar County San Antonio, Texas

Dear Sir: OpinionNo. V-1310

Re: Effect of variance between preliminary and final census reports upon salaries paid on the basis of the preliminary report.
The following question in your opinionrequest is submitted for determination:

"Are the changes in the bracket laws in Bexar County made in accordancewith the preliminaryannouncement of the 1950 censusJuly 12, 1950, renderednull and void by the final and corrected census report, IssuedApril 11, 1951,which the Attorney General has ruled governs the populationbracket for Bexar County?"

Your opinionrequest further states:
%ou will recall that on July 12, 1950, the preliminary announcement of the 1950Federal Census for Bexar County at 496,000was made. Prior to that announcement the DistrictJudges of Bexar County, as members of the Juvenile Board,were being compensated in the amount of $2 900.00 per annum, allowed underArt. &a-3, V.C.S., $2,500.00 plus $400.00 of the amount allowed under Art. 5142b, Section 1 and Section 15, but not to exceed $2,900.00under Art. 681ga-6,V.C.S. "Following this preliminaryannouncement causing P change in the bracket law appliceble to Bexar County, the DistrictJudges no longer came under Art. 5142b, Sec. 1 and Sec. 15,Hon. Austin F. Anderson, Page 2 (V-1310)

which resulted in the reduction of their compensationas members of the Juvenile Board from $2,900.00 to $2,5OO.OO. They were thus being compensated only under Art. 6819a-3,V.C.S. However,Art. 681ga6, V.C.S., allowing a maximum compensation of $2,900.00 still applies,but with no provision for it to be received. The result of the preliminary announcementwas that the Juvenile Board members' compensationwas reduced $400.00 annually.

"On Ppril 11, 1951, the second and final Federal Censusfor Bexar Countywas announced at 500,460. Subsequently,your opinionV-1175 ruled that the population bracket of Bexar County changed simultaneouslywith the officialpronouncement of the final censusreport for Bexar County onApril 11, 1951. Thus another change in bracket lawswas necessary.
"Theresult of this final censusreport was to reduce the maximum compensation of the District Judges as members of the Juvenile Board from $2,5OO.OOper annum allowableunder Art. 681ga-3 in counties of populationnot exceeding 500,- 000, to $1,500.00per annum allowed under Art. 5139,V.C.S., making an annual reduction of $l,OOO.OO.

"OnMay 28, 1951, Senate Bill No. 78
was passed by the 52nd Legislature (Vol. 4, Chapter 303, p. 485, Texas Session Laws, 52nd Leg.) amendingArt. 681qa-3 and becoming effective the same day. This is a mandatory law giving the District Judges an annual compensationof $2,900.- 00 as members of the Juvenile Board.

"As a result of these changes in the bracket laws theDistrict Judgee' compensationwas reduced approximatelythree hundred dollarsbetweenJuly 12, 1950, the date of the preliminaryannouncement,and April 11, $351, the date of the final census report.Hon. Austin F. Anderson, Page 3 (V- 1310)

InAttorney General's OpinionV-1175 (1951), itwas said:

"A preliminaryannouncementby the Area or District Census Supervisor of the population of a particulararea amounts to an officialannouncement of which notice may be taken officially. Holcomb v. Spikes, 232 S.W. 891 (Tex. Civ.App. 1921, error dism. State 119Tex. Crim.204, 4, m&xGar;;ttA;p Anderson, 144 S.W.2d

. . . judgm. car.)." 940, error dlsm.

In Garrettv.Anderson, supra, the court said:

"We are of the opinion, therefore, and here hold as a matter of law, under the record made here, that the report of SupervisorMorris amounted to an official announcement, in behalf of the federal government, that the population of Bexar County, according to the last preceding census, is 337,557, subject to such necessarily slight and here immaterial correctionsas my be made in the final figures promulga.ied by the appropriate authority in the NationalGovernment. It follows from this conclusion that the County officials of Bexar County were authorized to take officialLO.- tice of that report as a declaration of the.'lastpreceding * * * Federal Census' as contemplated In Article 2326a, and, accordingly, to discontinuepayment of the salaries prescribed in that statute for court reporters In countieshaving
a population of not less than 290,000 and not more than 325,000. The trial courtihereforedid not err in refusing to issue any writs requiring the county officials to authorize and make payment of such salaries."

In Holcomb v. Spikes, supra, it wassaid:

"We think the case of Nelson V. Edwards, 55 Tex. 389, lndlcates,whenthe enumerators'Hon. Austin F. Anderson, Page 4 (V-1310)

list is filed, as required by the law, as it then existed, this made it such evidence as that public officials could and should act upon It. There was no other method provided or shown requiring a pr;- clamationplacing the census in effect.

We agreewith you that the county officials of Bexar County were authorized to perform certain acts relating to salaries of countyand district officers in reliance upon a preliminaryreport of the census, and, In our opinion, these acts are not rendered null and void by the release of the final census placing the county In a different population bracket. We believe the facts in the case of Garrett v. Anderson,,-, to be controllingas they relate to the question under consideration. An official preliminaryannouncement constitutes the "last preceding Federal census"until it fs superseded by a subsequent official announcement,and acts done in reliance on the preliminary announcement are valid.

SUMMARY

The final Federal censusreport issuedApril 11, 1951, does not render null and void any changesmade in salaries in Bexar County in reliance upon a preliminary announcement of the 1950 census issued on July 12, 1950. Garrett v. Anderson, 144 S.W.2d 971 (Tex.Civ.App. 1940, error dism. judgm. car.);Att'y Gen. Op.V1175 (1951).

APPROVED:

J. C. Davis, Jr. County Affairs Division

Jesse P. Luton, Jr. ReviewingAssistant

Everett Hutchinson Executive Assistant

BW:awo Yours very truly,

PRICE DANIEL Attorney General

Assistant