‘



## TEE A’PTOIRNEY GENERAL
OF TEXAS

August 17, 1951

Hon. Robert S. Calved Comptroller of Public Accounts Austin, Texas OpinionNO. 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 

### duringthe next biDear Sir: ennium.

Your request for an opinion reads in part as
r0n0w9: "Therewere 136 district courts in being before the Fifty-secondLegislaturemet. 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 passingHouse Bill Number 426. This Le SenateBill Number 42islature also passed 7 making appropriation to supplen&nt the appropriation in House 

### Bill Number 426.

"This departmentwould like tp know which three district courts of the five new ones createdwill be included in HQUSe BillHon. 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 

### 311make 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 DistrictCourt~%mrber

### 3 of Harris County. In the event you hold that the District Judge of the 135th District Court does not have money appropriated tohim by House Bill Number 

## 426,is thslaanymoney appropriated under any otherAct to pays his salary on and after September 7, 1951?

House Bill 

### 426,Acts 52nd Leg., 195l(passed May 10, 1951 and approved by theGovernor on June 28, 

### 1951),appropriates to the Judiciary Sectioq of the Comptroller's office 

### $973,000,00per annum for the payment of "Salaries of 

### 139District Judges and Criminal District Judges at $7,000.00 per year." Therewas appropriatedby House Bill 426 the sum of $108,000.00 per annum to,the Su reme Court for payment of Walaries: Judges, 9 at i12,OOO.OO per year"; the sum of $~O,OOO.OO per annum to the Court of CriminalAppeals 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 CriminalAppeals, 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 appropriationswere supplemented by the enactmetit of Senate Bill 467, Acts 52nd Leg., 1951 (passedJune 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, DistrictCburts 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, 1951of (a) the Justices of the Supreme Court and the Jud Appeals to fes and Commissioners of the Court of Criminal

15,OOO.OOper 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 ~9,000,OOper annum. 8 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) 727,000 $3,000 per annum

times 9)

2. Salaries of Judges of the Court of Criminal Appeals 

### (3) 79,000 per annum #3,000 times 3)



### 3. Salaries of the Commissioners of the Court of CriminalAppeals (2) $6,000 per annum ($3,000 times 2)



### 4. Salaries of the Justices of theCourts 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 accordancewith the provisionsorHouse Bill No. 

### 426, 52nd Legislature, Regular Session, 1951, "Hon. Robert S. Calvert, page 4 (V-1242)

In view of the foregoing, itwas clearly the intention of the Legislature in the enactment of Senate Bill 

### 467 to supplement only those salaries prescribed in House Bill 

### 426. In otherwords, only the salaries of the Judges of the,139District Courts and Criminal District Courts provided in House Bill 

### 426were supplemented rather than 141 District 

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

Therefore, the question for our determination is the applicabilityof House Bill 426 to the Judges of the 88th, 125th, 132na, and 135th Judicial Districts and the Judge of the CriminalDistrict Court No. 

### 3 of Harris County all of which were createdby the 52na Legislature.

The 88th Judicial District-was createdby House Bill 195, Aots 52na Leg,, 1951,which was passed April 4, 1951, and became effectiveApril 20, 1951 (dateof Governor's signature), since it contained an emergency 

### clauseand passed both Houses by the required two-thirdsrecord 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 expiresAugust 31, 1951.

The 125th Judicial Districtwas createdby

House Bi11,392, Acts 52nd Leg., 1951,which was passed May 15, 1951 and became effective June 1, 1951 (date of~Governor'ssignature), since it contained an emergency clause and passed both Houses by the required two-thirdsrecordvote (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 appropriatedout of funds-in the State Treasurynot otherwise appropriated for the currentbiennium endingAugust 31, 1951, the sum of Two Thousand Dollars ($2,000),or somuch thereof
as is necessary to pay the salary of theHon. Robert S. Calvert,page 

### 5 (V-1242)

Judge of the said court, as providedby law for District Judges; there is hereby approp&dated out of funds in the State Treasury $or the fiscal year commencingSeptember $, 

### 1951,and endingAugust 

### 31, 1952, the 8um of Seven ThousandDollars ($7,000)

or SQ much thereof as is necessary to pay the salary oftthe Judge of said court; there ishereby appropriated out of funds in the Stat9 Treasurynot othemise appropriated for the fiscal year commencingSeptember 1, 

### 1952,and ending August 

### 31 1953, the sum of Seven ThousandDollars i$7,000),or so much thereof as is necessary to pay the salary of the Judge of said court.1T

The 132na Judicial Districtwas createdby Senate Bill 17; Aots 52nd Leg., 1951,which was passea on Bebruary 

### 15, 1951and became effectiveFebruary 22, 

### 1951 {date of Governor"s signature),since it contained an qmergency clause and passed both Houses by the required two-thirds recordvote (House112 - 0 and Senate 26 - 1). No appropriation is contained in SenateBill 17. Bowdver, House Bill 

### 795of the 52nd Legislaturem&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 Districtwas createa by Sente 

### 12.Bill 408, Acts 52na Leg., 1951,which was passedMay 

### 1951andwill 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 SenateBill 408.

The Criminal District CourtNo, 3 of Harris .Comty was created by House Bill 311,Acts 12nd Leg., 

### 1951,~whiohwas passedMay 

### 16, 1951an4 became effective June 1, 1951 (date of Governorqs signature), since it contained an emergency clause and passedboth 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 Treasurynot ot erwise appropriated for the currentbiennfum endingAugust 31 1951 the sum of Two Thousand Dollars #2,000), or so much thereof

I as is necessary to pay the salary of the judge of said court, as providedby law for district judges; there is hereby appropriated out of funds in theState Treasury for the fiscal year commencingSeptember 1, 1951, and endingAugust 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 Treasurynot otherwiseappropriated for the fiscalyear commencing September 1, 1952, and endingAugust 31 1953, the sum of Seven ThousandDollars 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, therewere in existence 

### 136district 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 judicialdistricts: namely, the 88th and 132nd. Sub& sequent to the passage of House Bill 

### 426, the 52na Legislature created the 125th and 135th JudicialDistrict 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 propriatedmoney in the general appropriationact (H.R’, l;Z 4) for 139 district judges, it obviously intended for the act to be applicable to the 88th, 132nd, and 135th JudicialDiatricQ for the, acts creating thesedistricts containedno appropriation, while the acts creatingthe 125th Judicial District and the Criminal District CourtNo. 

### 3 of Harris County contained appropriations for payment of the respective salaries of the judges of those courts, By this constructionwe give effect to each act of the Legislature,flon.Robert S. Calvert, page 

### 7 (V-1242)

You are thereforeadvised that the salaries of the judges of the 8&h, 132na, and 135th District Courts are tobe paid from the appropriations contained in House Bill 

### 426 as supplem$nteaby SenateBill 

### 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 DistrictCourt 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 constitutesm 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 CourtNo. 

### 3 of Harris County a total of $9,000 per annUn each for the biennium inwhich therehas been appropriated thus far only $7,000 per annum.

Tpe ap ropriation contained in House Bill 

### 426

as supplementedb% House Bill 467 cannotbe made available to the Judge of tie 135th JudicialDistrict until the effectivedate (September7, 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 '52ndLegiglature (Art. 3912e-4c, V. C. S.), applicable to countiqshaving a population of 600,000 or more inhabitants,provides:

"In all such Counties, the Judges of the severalDistrict 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 ThousaqdDollars ($5,CJOO), tobe paid by the CommisgioneisCourt out of an for that puppose, In twelve ( x funds available 2) equal monthly installments. Tfre~ adaiuional compensation provided to be paid to the District Judges shallbe in lieu of all other ComDensation heretoforeprovided to be paid such Judges out of County funds;but shall be iq addition to the salary payable out of State fu$ds inHon. Robert S. Calved., page 8 (V-1242)

such counties,provided however any amount paidby 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 DistrictCourts 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 CourtNo. 3 of Harris County an annual salary of $5,000.00 for all judicial and aaministrative servicesrequired of them in addition to the $7,000.00 paid by the State. Harris County is also authorized to pay theremaining district judges and the criminal district judgesan annual salary of $3,000.00 for all judicial and administrative services required of them in addition to the $9,000.00 to be paidby the State. Therefore, all district judges and criminal district judges in counties having a population of 600,000 or more inhabitantsmay be paid an annual salary of $12,- 000.00 from State and County funds.

The Comptroller of PublicAccounts 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 42i: Acts 52na Leg., 1951 (GeneralAppropriationAct),
as supplementedby Senate Bill 467, Acts 52na Leg,, 1951. The salary of the Judge of the 125th District 

### Courtmay 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.



### HongRobertS. Calvert,page 

## 9 (V-1242)

DistriotCourtNo. 

## 3ofHarrisCountymay be paidfrom theappropriation contained ln'Seotion'7

OSHouseBill 311,Acts 52na Leg.,

## 1951.

APPROVED:

J. C. Davis,Jr. CountyAffairsDivision

EverettHutohinson ExecutiveAssistant Yoursvery truly,

PRICEDANIEL AttorneyGeneral

CharlesD.Mathews FirstAssistant

JR:aw:awo