Honorable A. J. Iiartel, III Opinion No. M-608 

County Attorney 

Liberty County Re: Compensation of members 

P. 0. Box 431 of the Board of ComLiberty, Texas 77575 missioners of the ChambersLiberty Counties Navigation 

Dear Mr. Hartel: District. 

you have requested our opinion on the legality of 

the compensation paid to members of the Board of Commissioners 

of the Chambers-Liberty Counties Navigation District pursuant 

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 Commissioners of Navigation Districts created pursuant 

to Article 8263h shall "receive for their services such 

compensation as may be fixed by the commissioners court 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. Carpenter v. ArroyoColorado Navigation 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: 

I a D I) the compensation of members of the 

Board of ,Commissioners of the Chambers-Liberty 

Counties.Navigation District shall be Twentyfive 6$25,OOP per dav for each resular or called 

meeting attended by a Commissioner and for each 

.day required to be spent.by ~a.Commissioner in 

discharging the authorized'responsibilities 

and business of the District." (Emphasis ours.) 

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

question: 

In view of the foregoing, you ask the following 

"I would appreciate your opinion as to 

whether then above cited orders of the Chambers 

and Liberty Counties Commissioners Courts 

fixing compensation for services of the Board 

members.of the Chambers-Liberty Counties 

Navigation District are authorized and valid 

under Section 13 of Article 8263h and whether 

payments in accordance therewith may be made 

for the days which the Board authorizes a 

member to spend in working on the authorized 

responsibilities and business of the District." 

The order of the commissioners court involved in 

Carpenter ~YI ~Arroyo-Colorad 

fixed the compensation at a per diem "for each 

.o,Navigation District, supra, 

called meeting" 

regular or 

of the Board and the,Court in that case 

held that the orders of the Commissioners Court did not allow compensation to a member who voluntarily absented himself from the.meeting of the Board. Under the facts submitted in your request, the order of the Commissioners 

Court is~not so limited. 

Since it is within the power and discretion of the 

Chambers and Liberty Counties Commissioners Courts to fix 

the compensation for servicesof Board members of the Chambers 

and Liberty Counties Navigation 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 authorized by the above quoted order is not 

limited to the attendance of meetings of the Board of Commissioners of the Chambers-Liberty Counties Navigation 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 Commissioners Courts of the counties 

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Hon. A. J. Iiartel, III, page 3 (M-608) 

comprising.Navigation Districts created by 

that Article to fix the compensation of the 

members of the Navigation District Board; and 

where an order of the Commissioners Court so 

authorizes, a reasonable per 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 

First Assistant 

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