Hon. Austin F. Anderson 

Criminal District Attorney 

Bexar County 

San Antonio, Texas 

Dear Sir: 

Opinion No. 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 opinion request is submitted for determination: 

"Are the changes in the bracket laws 

in Bexar County made in accordance with 

the preliminary announcement of the 1950 

census July 12, 1950, rendered null and 

void by the final and corrected census 

report, Issued April 11, 1951, which the 

Attorney General has ruled governs the 

population bracket for Bexar County?" 

Your opinion request further states: 

%ou will recall that on July 12, 

1950, the preliminary announcement of 

the 1950 Federal Census for Bexar County at 496,000 was made. Prior to that 

announcement the District Judges of 

Bexar County, as members of the Juvenile 

Board, were being compensated in the 

amount of $2 900.00 per annum, allowed 

under Art. &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 $2,900.00 under Art. 

681ga-6, V.C.S. 

"Following this preliminary announcement causing P change in the 

bracket law appliceble to Bexar County, the District Judges 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 

compensation as 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 announcement was 

that the Juvenile Board members' compensation was reduced $400.00 annually. 

"On Ppril 11, 1951, the second and 

final Federal Censusfor Bexar County was 

announced at 500,460. Subsequently, your 

opinion V-1175 ruled that the population 

bracket of Bexar County changed simultaneously with the official pronouncement of 

the final census report for Bexar County 

on April 11, 1951. Thus another change 

in bracket laws was necessary. 

"The result of this final census report was to reduce the maximum compensation of the District Judges as members 

of the Juvenile Board from $2,5OO.OO per 

annum allowable under Art. 681ga-3 in 

counties of population not exceeding 500,- 

000, to $1,500.00 per annum allowed under 

Art. 5139, V.C.S., making an annual reduction of $l,OOO.OO. 

"On May 28, 1951, Senate Bill No. 78 

was passed by the 52nd Legislature (Vol. 

4, Chapter 303, p. 485, Texas Session 

Laws, 52nd Leg.) amending Art. 681qa-3 

and becoming effective the same day. This 

is a mandatory law giving the District 

Judges an annual compensation of $2,900.- 

00 as members of the Juvenile Board. 

"As a result of these changes in the 

bracket laws the District Judgee' compensation was reduced approximately three 

hundred dollars between July 12, 1950, the 

date of the preliminary announcement, and 

April 11, $351, the date of the final census report. 
Hon. Austin F. Anderson, Page 3 (V- 1310) 

In Attorney General's Opinion V-1175 (1951), 

it was said: 

"A preliminary announcement by the 

Area or District Census Supervisor of 

the population of a particular area 

amounts to an official announcement of 

which notice may be taken officially. 

Holcomb v. Spikes, 232 S.W. 891 (Tex. 

Civ. App. 1921, error dism. 

State 119 Tex. 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 Supervisor Morris 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 corrections as my be made in the 

final figures promulga.ied by the appropriate authority in the National Government. It follows from this conclusion 

that the County officials of Bexar County were authorized to take official LO.- 

tice of that report as a declaration of 

the.'last preceding * * * Federal Census' as contemplated In Article 2326a, 

and, accordingly, to discontinue payment 

of the salaries prescribed in that statute 

for court reporters In counties having 

a population of not less than 290,000 

and not more than 325,000. The trial 

courtiherefore did 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,when the 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;- 

clamation placing the census in effect. 

We agree with you that the county officials 

of Bexar County were authorized to perform certain 

acts relating to salaries of county and district officers in reliance upon a preliminary report 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 controlling as they 

relate to the question under consideration. An official preliminary announcement 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 census report issued April 11, 1951, does not render null 

and void any changes made 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. 

Reviewing Assistant 

Everett Hutchinson 

Executive Assistant 

BW:awo 

Yours very truly, 

PRICE DANIEL 

Attorney General 

Assistant