‘ 

TEE A’PTOIRNEY GENERAL 

OF TEXAS 

August 17, 1951 

Hon. Robert S. Calved 

Comptroller of Public Accounts 

Austin, Texas Opinion NO. V-1242 

Re: Compensation of the 

judges af the 125th 

District Court, the 

135th District Court, 

and the Criminal 

District Court No. 3 

for Harris County 

during the next biDear Sir: ennium. 

Your request for an opinion reads in part as 

r0n0w9: 

"There were 136 district courts in being 

before the Fifty-second Legislature met. The 

Legislatune created five new courts namely: 

the 132nd by Senate Bill Number 17, the 88th 

by House Bill Number 195, the 125th by JIouse 

Bill Number 392, the Criminal District Court 

Number 3 of Harris County by House Bill Number 311 and the 135th district court by Senate Bill Number 408, making a total of $41 

district courts. 

"The Fifty-second Legislature passed 

Senate Bill Number 79 which raised the District and Criminal District Judges' salary to 

$9,000.00 per year. It also appropriated 

money,to pay 139 district judges at the rate 

of $7,000100 per year by passing House Bill 

Number 426. This Le 

Senate Bill Number 4 2 

islature also passed 

7 making appropriation 

to supplen&nt the appropriation in House Bill 

Number 426. 

"This department would like tp know 

which three district courts of the five new 

ones created will be included in HQUSe Bill 
Hon. Robert S. Calvert, page 2 (V-1242) 

Number 426 and Senate Bill Number 467 as to 

paying the salary of their district judges 

at the rate of $9,000.00 per year on and 

subsequent to September 1, 1951? For your 

information, House Bill Number 392 and House 

MU, Nwber 311 make an appropriation of 

$7,OQO.O0 for each year of the biennium to 

pay the s=larJt of the district judges of the 

125th Dis‘ttiut Court and the Criminal District Court ~%mrber 3 of Harris County. In 

the event you hold that the District Judge 

of the 135th District Court does not have 

money appropriated to him by House Bill 

Number 426, is thslaany money appropriated 

under any other Act to pays his salary on 

and after September 7, 1951? 

House Bill 426, Acts 52nd Leg., 195l(passed 

May 10, 1951 and approved by the Governor on June 28, 

1951), appropriates to the Judiciary Sectioq of the 

Comptroller's office $973,000,00 per annum for the payment of "Salaries of 139 District Judges and Criminal 

District Judges at $7,000.00 per year." There was appropriated by House Bill 426 the sum of $108,000.00 

per annum to,the Su reme Court for payment of Walaries: Judges, 9 at i 12,OOO.OO per year"; the sum of 

$~O,OOO.OO per annum to the Court of Criminal Appeals 

and Commission in Aid of Court of Criminal Appeals for 

payment of Valaries: 1. Judges, 3 at $12,0,00,00 per 

year; 2, Judges of Commission in Aid of Court of Criminal Appeals, 2 at $12,000.00 per year"; the sum of 

)330,000.00 per annum for payment of salaries of the 

Judges of Courts of Civil Appeals (33) at $lO,OOO.OO 

per year,* 

The above mentioned appropriations were supplemented by the enactmetit of Senate Bill 467, Acts 52nd 

Leg., 1951 (passed June 7, 1951 and approved by the Governor June 21, 1951), which appropriated Wfor each year 

of the biennium beginning September 1, 1951 and snding 

August 31 1953, the sum of Three Hundred Eighty-six 

Thousand dollars ($386,000.00) to supplement the appropriation for the judiciary salaries provided in H. B. 426, 

52nd Legislature, Regular Ses., 1951, this supplemental 

appropriation, to Day the additional rate of salarids of the 
Hon. Robert S. Calvert, page 3 (v-1242 1 

Justices. Judges. ana Commissioners of the Supreme Court, 

Court of Criminal Appeals, Courts of Civil Appeals, District Cburts and Criminal District Courts mproviaed in 

S. B. 79. 52na Ledslature. Regular Session, 1951." Emphasis added. 

Senate Bill 79* Acts 52nd Leg., 1951 (passed 

May 17, 1951), increased the salaries from and after 

August 31, 1951 of (a) the Justices of the Supreme Court 

and the Jud 

Appeals to f 

es and Commissioners of the Court of Criminal 

15,OOO.OO per annum; (b) Justices of the 

Courts of Civil Appeals to $12,000.00 per annum; and (c) 

Jud es of the District Courts and Criminal District Courts 

to 8 ~9,000,OO per annum. Therefore, it is our opinion that 

Senate B~ill 467 supplements the appropriation in House 

Bill 426 in the following amounts: 

1. Salaries of Justices of 

,the Supreme Court (9) 

7 

27,000 

$3,000 

per annum 

times 9) 

2. Salaries of Judges of the 

Court of Criminal Appeals 

(3) 

7 

9,000 per annum 

#3,000 times 3) 

3. Salaries of the Commissioners of the Court of 

Criminal Appeals (2) $6,000 per annum 

($3,000 times 2) 

4. Salaries of the Justices of 

the Courts of Civil Appeals 

(33) $66,000 per annum 

($$2,000 times 33) 

5. Salaries of the Judges of 

the District Courts and 

Criminal District Courts 

(139) $278,000 per annum 

($2,000 times 139) 

Section 2 or Senate ~111 467, supra, provides: 

"Payment of salaries under this appropriation shall be made in accordance with 

the provisionsor House Bill No. 426, 52nd 

Legislature, Regular Session, 1951, " 
Hon. Robert S. Calvert, page 4 (V-1242) 

In view of the foregoing, it was clearly the 

intention of the Legislature in the enactment of Senate 

Bill 467 to supplement only those salaries prescribed 

in House Bill 426. In other words, only the salaries 

of the Judges of the,139 District Courts and Criminal 

District Courts provided in House Bill 426 were supplemented rather than 141 District Courts and Criminal 

District Courts which will be in existenoe on September 7, 1951. 

Therefore, the question for our determination is the applicability of House Bill 426 to the 

Judges of the 88th, 125th, 132na, and 135th Judicial 

Districts and the Judge of the Criminal District Court 

No. 3 of Harris County all of which were created by 

the 52na Legislature. 

The 88th Judicial District-was created by 

House Bill 195, Aots 52na Leg,, 1951, which was passed 

April 4, 1951, and became effective April 20, 1951 

(date of Governor's signature), since it contained an 

emergency clause and passed both Houses by the required two-thirds record vote (House 109 - 12 and Senate 

z5 

- 1). No appropriation is contained in House Bill 

However, House Bill 794 of the 52nd Legislature 

makis an appropriation to the Judiciary Section of the 

Comptroller's office in payment of the salary of the 

Judge of the 88th Judicial District. This appropriation expires August 31, 1951. 

The 125th Judicial District was created by 

House Bi11,392, Acts 52nd Leg., 1951, which was passed May 15, 1951 and became effective June 1, 1951 

(date of~Governor's signature), since it contained an 

emergency clause and passed both Houses by the required two-thirds record vote (House 120 - 1 and Senate 

21 - 51.~ Section 4 of House Bill 392, Acts 52nd Leg., 

1951, ch. 308, p0 504, provides: 

"There is hereby appropriated out of 

funds-in the State Treasury not otherwise 

appropriated for the current biennium ending August 31, 1951, the sum of Two Thousand Dollars ($2,000), or so much thereof 

as is necessary to pay the salary of the 
Hon. Robert S. Calvert, page 5 (V-1242) 

Judge of the said court, as provided by law 

for District Judges; there is hereby approp&dated out of funds in the State Treasury $or the fiscal year commencing September $, 1951, and ending August 31, 1952, 

the 8um of Seven Thousand Dollars ($7,000) 

or SQ much thereof as is necessary to pay 

the salary oft the Judge of said court; there 

is hereby appropriated out of funds in the 

Stat9 Treasury not othemise appropriated 

for the fiscal year commencing September 1, 

1952, and ending August 31 1953, the sum 

of Seven Thousand Dollars i$7,000), or so 

much thereof as is necessary to pay the 

salary of the Judge of said court.1T 

The 132na Judicial District was created by Senate Bill 17; Aots 52nd Leg., 1951, which was passea on 

Bebruary 15, 1951 and became effective February 22, 1951 

{date of Governor"s signature), since it contained an 

qmergency clause and passed both Houses by the required 

two-thirds record vote (House 112 - 0 and Senate 26 - 1). 

No appropriation is contained in Senate Bill 17. Bowdver, House Bill 795 of the 52nd Legislature m&es an 

appropriation to the Judiciary Section of the Comptroller's office in payment of the salary Qf the Judge of 

the .132nd~Juaicial District. This appropriation expires 

August 31, 1951. 

The 135th Judicial District was createa by Sente 

12. 

Bill 408, Acts 52na Leg., 1951, which was passed May 

1951 and will become effective September 7, 1951 (90 

days after date of adjournment of the Legislature), since 

it was passed by a viva vote vote in the Senate. No appropriation is contained in Senate Bill 408. 

The Criminal District Court No, 3 of Harris 

.Comty was created by House Bill 311, Acts 12nd Leg., 

1951, ~whioh was passed May 16, 1951 an4 became effective 

June 1, 1951 (date of Governorqs signature), since it 

contained an emergency clause and passed both Houses by 

tpe required~.tpp-o~thirds,.record vote (House 124 - 0 and 

Senate 27 - 2), Seotion 7 oi House Bill 311, Acts 52nd 

Leg., 1951~, ch. 307, p. 500, provides: 
Hon. Robert S. Calvert, page 6 (V-1242) 

“There is hereby appropriated out of 

funds in the State Treasury not ot erwise 

appropriated for the current bienn f um ending August 31 1951 the sum of Two Thousand Dollars I #2,000), or so much thereof 

as is necessary to pay the salary of the 

judge of said court, as provided by law 

for district judges; there is hereby appropriated out of funds in the State Treasury 

for the fiscal year commencing September 1, 

1951, and ending August 31 1952, the sum 

of Seven Thousand Dollars 1$7,000)) or so 

much thereof as is necessary to pay the 

salary of the judge of said court; there 

is hereby appropriated out of funds in the 

State Treasury not otherwise appropriated 

for the fiscal year commencing September 1, 

1952, and ending August 31 1953, the sum 

of Seven Thousand Dollars 1$7,000); or so 

much thereof as is necessary to pay the 

salary of the judge of said court.” 

You have informed us in your request that prior 

to the convening of the 52nd Legislature, there were in 

existence 136 district courts and criminal district courts 

As noted above , prior to the passage of House Bill 426 on 

May 10, 1951, the 52nd Legislature created two additional 

judicial districts: namely, the 88th and 132nd. Sub& 

sequent to the passage of House Bill 426, the 52na Legislature created the 125th and 135th Judicial District 

Courts and the Criminal District Court PO. 3 of Harris 

County. 

Since the 52nd Legislature created five district courts and criminal af8t-et courts in addition to 

the 136 already in existence and a propriated money in the 

general appropriation act (H.R’, l;Z 4) for 139 district judges, it obviously intended for the act to be applicable 

to the 88th, 132nd, and 135th Judicial DiatricQ for the, 

acts creating these districts contained no appropriation, 

while the acts creating the 125th Judicial District and the 

Criminal District Court No. 3 of Harris County contained 

appropriations for payment of the respective salaries of 

the judges of those courts, By this construction we give 

effect to each act of the Legislature, 
flon. Robert S. Calvert, page 7 (V-1242) 

You are therefore advised that the salaries 

of the judges of the 8&h, 132na, and 135th District 

Courts are to be paid from the appropriations contained 

in House Bill 426 as supplem$ntea by Senate Bill 467. 

The salary of the Judge of the 125th District is to be 

from the appropriation contained in Section 4 of House 

Bill 392. The salary of the Judge of the Criminal District Court No. 3 of Harris County is to be paid from the 

appropriation contained in Section 7 of House Bill 311. 

It is also noted that Senate Bill 79 constitutes m 

existing law authorizing the Legislature at a future date 

to appropriate an additional amount of money sufficient 

to pay the Judge of the 125th Judicial District and the 

Judge of the Criminal District Court No. 3 of Harris 

County a total of $9,000 per annUn each for the biennium 

in which there has been appropriated thus far only $7,000 

per annum. 

Tpe ap ropriation contained in House Bill 426 

as supplemented b 

% 

House Bill 467 cannot be made available 

to the Judge of tie 135th Judicial District until the effective date (September 7, 1951) of the act (S. B. 408) 

creating the court. Tex. Const., ATt. III, Sec. 44. 

We would like to point out that Section 2 of 

House Bill 775 of the '52nd Legiglature (Art. 3912e-4c, 

V. C. S.), applicable to countiqs having a population of 

600,000 or more inhabitants, provides: 

"In all such Counties, the Judges of the 

several District and Criminal District Courts 

shall each receive from County funds for all 

juaici+ anQ administrative services required 

of them an annual salary or a$lowance of Five 

Thousaqd Dollars ($5,CJOO), to be paid by the 

Commisgioneis Court out of an 

for that puppose, In twelve ( x 

funds available 

2) equal monthly installments. Tfre~ adaiuional compensation 

provided to be paid to the District Judges 

shall be in lieu of all other ComDensation 

heretofore provided to be paid such Judges 

out of County funds; but shall be iq addition 

to the salary payable out of State fu$ds in 
Hon. Robert S. Calved., page 8 (V-1242) 

such counties, provided however any amount 

paid by the State in excess of Seven Thouatml Dollars ($7,000) shall reduce the 

County's payment by the same amount, provided however that the salary of the Judges 

of the several District and Criminal District Courts of such Counties from both 

State and County funds shall not exceed 

Twelve Thousand Dollars ($12,000) per annum." 

By virtue of the above quoted provisions, 

Harris Countyis authorized to pay the Judge of the 

125th Judicial District and the Judge of the Criminal District Court No. 3 of Harris County an annual salary of $5,000.00 for all judicial and aaministrative services required of them in addition 

to the $7,000.00 paid by the State. Harris County 

is also authorized to pay the remaining district 

judges and the criminal district judges an annual 

salary of $3,000.00 for all judicial and administrative services required of them in addition to 

the $9,000.00 to be paid by the State. Therefore, 

all district judges and criminal district judges 

in counties having a population of 600,000 or more 

inhabitants may be paid an annual salary of $12,- 

000.00 from State and County funds. 

The Comptroller of Public Accounts 

is authorized to pay the salaries of the 

Judges of the 88th, 132na, and 135th District Courts out of the ap ropriations 

contained in House Bill 42 i: Acts 52na 

Leg., 1951 (General Appropriation Act), 

as supplemented by Senate Bill 467, Acts 

52na Leg,, 1951. The salary of the Judge 

of the 125th District Court may be paid 

from the appropriation contained in Section 

4, of House Bill 392, Acts 52nd Leg., 1951. 

The salary of the Judge of the Criminal 
. 

Hong Robert S. Calvert, page 9 (V-1242) 

Distriot Court No. 3 of Harris County may 

be paid from the appropriation contained 

ln'Seotion'7 OS House Bill 311, Acts 52na 

Leg., 1951. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

Everett Hutohinson 

Executive Assistant 

Yours very truly, 

PRICE DANIEL 

Attorney General 

Charles D. Mathews 

First Assistant 

JR:aw:awo