### 0 AS

AUST!INnn.T~xas September 18, 1951.

5. Calvert of Public Accounts Austin, Texas Opinion Bo. V-1286..

Be: Compensation of membersof the judiciary for the fir'st six days of September 195'l, in the light of House Bili 426 and-senate Dear Sir: Bi,lls 79* 116 and 467, Acts 52na ~Leg,, B.S. 19!5. Your request for an opinion reads, in part, as followst "Senate Bill go. 116, Acts of the 52nd Legislature provides for, with exceptions, the suspensjon of statutory salary of State sffkzials and employees. **SenateBill Bo. 79 changes the statutory compensation of the membersof t'he,Supreme,Court Court of Civil Appeals, and District J&es. OH.B. No. 426, the biennial ,appropriation bill provides for salary increases for state off 1cers and employees in excess of the amountset in the Legislative enactment which created the positions. !!Senate,Bill Bo. 467,a~ppropriates funds to suppJ.ementamounts appropriated to the Judiciary of this State for the purpose of pay- ;? the amounts provided in Senate Bill Bo.

. UAnexamination of Senate Blll,Bos. 79, 116, and 467 reveals they were passed by a viva vote vote.Hon. Robert S, Calvert, Page 2 

### (V-1286)

“QUE@IOBI: 1, Whendo Senate Bill Ros. 

### 799116;and 467 become effective? 

### 2. If you hold they become effective 90 days after adjournment, what rate of compensation would be paid the persons involved between August 

### 31p1951p andthe date the bills become,effective? Senate Bill 

### 79passed the,Senate April 30 19519 by a"viva vote vote and'passed‘the HouseMay17, 

### 1951,by a vote of 105 Leg., R.S. 

### 195l,ch. 

### 38 zeas and 

### 29nays. Acts 52 

### 19$l p.a

### 669, Senate Bill11 F ed the Senate May22 pas~sedthe HouseJu& 

### 6 by a viva vote vote andpass14% by a vote of 110 yeas and 1 nay. Acts 52naLeg,, 'RsS. 

### 1951 ch, 455 .p. 

### 811. Senate Bill 

### 467passed the Senate Mai 29, 

### 19d, by a viva iwce vote and passed the HouseJune 7, 

### 1951,by a vote of 100 yeas and 19 nays0 Acts 52naLeg., R~S, 

### 195l ch. 

### 477, y;,$52- The Fifty-second Legislature adjourned june 

### 8,

. Because these bills did not receive the necessary two-thirds vote to makethemimmediately effective, the anwer to your first question is that each of these Acts becameeffective September Y9

### 195l,ninety days after aajournment of the Legislature. Tex.. Coast. Arta III, Sec. 

### 39. With respect to your second question: Since none of these Acts becameeffective until September 7, 

### 1951,we must look to other statutes and appropriations to determine the rate of compensation of membersof the judiciary mentioned in Senate Bill 

### 79and Senate Bill 

### 467 for the first six days of the biennium beginning September 1, 199;10 Article 6819a-6$ Vernon"s Civil Statutes eodified from HouseBill 207, Acts 5lst Leg., R.S. 

### 1944,ch. 

### 328,pa 

### 614,provides:

"Fromand after August 31, 1949: *(a) The Justices of the supremeCourt of the State of Texas and the Judges of the Court of Crimin&bl

Appeals and Commissioners of the State of Texas shall each be aid an annual salary of Twelve Thousand Do1 E ars (al29000) 5pan. Robert ,S*Calvsrt, Page 3 (Y-1286)

R(b) The Justices of the several Courts Of Civil Appeals of the @tata of Texas s4,&& each be paid- an amnualsalary of Ten Thourand Dollars ()l@,OOq)i

“(a) The Judges of the several Bistriat Court’s OSthe State of Texas ana of the, ~x$Dlnal District Courts of this State shall each be paid an annual salary of,Sevem Thousand Dollar s (W@JOl i ,!!(d) The salaries of all the Justisrr ana ,Judgis in this Seation shall be paSa ir equal mcimthlyInstallments; Y(e) Each District Jaage in this State shall be paid an anmualsalary of, SevenThousand D01lam ()7,W) from State funds; protided that no District,: Jaags shall receive as supplemental pay thereto f&%xany county fund8 a sumin excess of Ttienty-nine hundred DelItars@ per annumfor services rendered a8 a~membero1 a Juvenile Boar&* The compensation of men$ers of the Supreao Wurt, the Court of Criminal Appeals, the Commissioners to the Court of Criminal Appeals, membersof the Courts of Civil Appeals ana the jaag06 0r the Mstrtct cmrts f@r the first six days of the bienni beginming Septrmbar 1 

### 1951,

is from ghe a overned by Articlr a 19a-6 to be pald

atiom to the jadiaiary con{ained in the genera appropriation bill (Art. 1~ See. 1 H.B. 426 Bats 52naLag R&L 19!Xlil,ah. 491, pa I248&at PO’ l23i), which, af c&sr, became effective ,$eptem(IF1, 19!jl.

an ana after ,Septrmbm 7, 1951, the compeneatlon of membersof the reqi~ctlve oonrts and of the Colamissioners to the Court of ,Crimlnal Appeals is severned by Senate Bill 79 and is to be paid fram the ap ropriatio&s to the judiciary in the general approprta ion bill a and the supplemental appropriation contained in Senate Bill 46 Senate Bill 11.6 which suspends aertain sdary ?* sta utes does not appiy to Senate Bill 79, bieausr It is clear &at the Legislature ~intended that Senate Bill 79 would gsver’n the salaries of the res activd gemhers of the judiciary and that Senate fill 1 P 6 wedid ap- ;;zwto all other officers and employees with+ its pur-

. Although Senate Bill 79 was first enacted, it isIion.Robert SW Calvert, Page 4 (v-1286)



### to be 

### regarded,

as an 

### exception

to Senate Bill 

### 116. 145Tex.~

142,196s.W.2a82 (1946) ineanot only by the rules ~WAOUIWM in the decision In the fact that Senate Bill supplement'the ed in Article I Senate May29, day before the appropriation acted deliberately and purposefully and not to have intend&an absurd or useless thing. Soutwtern Gas & 

### lcCo.v. st&Q 190s.w.2a132 (Tex.CiV.App. affd. 42, 245, Statutes: Sets. , D 145 Tex, 24 

### 193S.y$;d f;E, 

### 1946);39Tex.

ber Therefore, for the first six days of Septem19$1, the salaries of membersof the judiciary wili be one-fifth of the monthly salary provided in Ar- ,tlcle 6819a-6 and Article I of HouseBill 426; and for the remainder of the month, the salaries will be fourfifths of the increased monthly salary fixed by Senate Bill 79.

The salary of each memberof the judlciary for the first six days of September 1951, will be one-fifth of his' monthly sakry as provided in Article 6819a-6, V.C.S. 

### anain Article I of HouseBill 

### 426,Acts 

### 52naLeg. R.S. 1951, ch. 499, p* 1228, at p. l23li ani for the remainder of that month, his sa ary will be four-fifths of the increased monthly salary as fixed by Senate Bill 

### 79,Acts 52nd Leg. R.S. 1951, ch. 386, p* 669 payable out of the appropriations contained in Article I of HouseBill 426 and Senate Bill 467, Acts 52ndLeg., 

### R.S.195l,ch. 477, p. 852. APPROVED:

c. K. Richards Trial andAppellate Division Everett Hutchinson Executive Assistant Price Daniel Attorney General BWR:wb Yours very truly, PRICEDANIEL Attorney General /54Luuza/$3""ofi BY Bruce W. Bryant Assistant --