Honorable John R. Shook 

Criminal District Attorney 

Baxar County 

San Antonio, Texas 

Attention: Mr. S. Renton Davies 

Dear Sir: Opinion No. O-5420 

Re: Does the Juvenile Board or the 

County Judge of Rexar County 

have the authority to appoint 

non-salaried juvenile officers, 

possessing powers of a peace 

~'officsr, in addition to the 

number of salaried juvenile 

officers and assistants as now 

authorized by law4 

Your letter of June 17, 1943, requesting the opinion of this department on the above stated question reads as 

follows: 

“We enclose herein a oopy of a letter whioh we 

received from Judge S. G. Tayloe, Chairman of the 

Juvenile Board of Sexar County, Texas, requesting 

that we obtain from your offioe an opinion as to 

whether or not the Juvenile Board or the County 

Judge of Rexar County has authority to appoint nonsalaried juvenile officers, possessing powers of a 

peace officer, in addition to the number of salaried 

juvenile officers and assistants as now authorized 

by law. 

Qexar County's Juvenile office is now aovered 

by the provisions of Artiole 5142, as amended by 

the Acts of the 45th Legislaturr of 1937.~ Article 

5142 of the R.C.S., as originally enaoted, expressly provided for the appointment of any number of 

non-salaried juvenile, officers for any ccunty coming 

within the population bracket in which Bexar County 

is included, but in Article 5142, as amended, such 

provision is not expressly provided. 
Hon. John R. Shook, Page 2 , O-5420 

“YOU will find, we believe however, that these 

non-salaried officers are provided for in such amendment by implication and if we apply the rules of 

statutory construction as laid down in Spence v. 

Fenchler, 180 S.W. 597 and Moon v. Allred, 277 S.W. 

787, which hold, "that which is implied in a statute 

is aa much a part.thereof as that which is expressly 

given", we could safely say that under the conditions 

as set out in Judge Tayloe's letter, the proper 

authorities would have the power to make the appointments contemplated by the Juvenile Board. 

"The fact that the juvenile situation in Bexar 

County is in a deplorable condition at this time, 

impels US to UPgSntly request that you give this 

matter as speedy attention as is possible commensurate with sound interpretation." 

Article 5142, Vernon's Annotated Civil Statutes, 

provides in part: 

"There may be appointed, in the manner hereinafter provided, discreet persons of good moral 

oharacter to serve as juvenile officers for periods 

not to exoeed two (2) years from date of appointment. 

"Such officers shall have authority and it 

shall be their duty to make investigations of all 

cases referred to them as such by suoh Board; to 

be present in Court and to represent the interest 

of the juvenile when the case is heard, and to 

furnish to the Court and such Board any information and assistance as such Board may require, and 

to take charge of any child before and after the 

trial and to perform such other 

child as may be required by the 8 

ervices for the 

ourt or said Board, 

and suoh juvenile officers shall be vested with all 

the power and authority of police offioers or sheriffs incident to their offices. 

Qhe Clerk'of the Court shall, when praotiaable, 

notify such juvenile officer when any juvenile is to 

be brought before the Court. It shall be thr duty 

of such juvenile officer to make investigation of 

my such case, to be present in COUrt to represent 

the interest of the juvenile when the aase if tried; 

to furnish to such Court such information and 
Bnorable John R. Shook, Page,3, O-5420 

assistance as the Court may require and to take 

charge of any juvenile before and after trial 

as the court may direct. . . . 

"Provided.that in counties having a population 

of one hundred and fifty thousand (150,000) or more, 

and containing a city of one hundred thousand 

(100,000) or more, the County Judge may appoint a 

juvenile officer, subject to the approval of the 

,County Juvenile Board, to serve for a period not 

to exceed two (2) years from the date of appointment, and whose extra duties shall be to make investigations for the Commissioners Court on applications for charity, or admittance into detention 

homes or orphan homes created by such counties. 

The salary of such juvenile officer shall not exceed Three Hundred Dollard ($300) per month, his 

allowance for expenses not exceed Two Hundred 

Dollars ($200) a year. Such juvenile,officer may 

select assistant juvenile officers, subject to 

the approval of the County Judge and the County 

Juvenile Board, the number of such assistant 

juvenile officers not to exceed one assistant to 

each twenty-five thousand (25,000) population. The 

,salaries of such assistant juvenile officers shall 

be the~same as that fixed by the General law in Art. 

3902 , of the Revised Civil Statutes of Texas, 1925, 

for assistants to other county officials. Suoh 

assistant juvenile officers may be allowed expenses 

not to exceed Two Hundred Dollars ($200) per year each. 

"In the appointment of all juvenile offioers, 

the County Judge and the County Juvenile Board may 

select for such office any school attendance officer or officers of the county, or of school districts in the county, that may be authorized by 

law, and the salary and expense of such joint 

juvenile officer or officers and attendance officers 

shall be paid jointly by the county and school 

authorities upon any basis of division they may 

agree upon. 

"Salaries of paid juvenile officers and their 

assistants shall be fixed by the Commissioners 

Court, notto exceed the sums herein mentioned, 

and any bill for the expenses not exceeding the 

sums herein provided for, shall be certified by 

the County Judge as being necessary in the per- 
Honorable John 2. Shook Page 4, O-5420 

formance of the duties of a juvenile offioer. 

The Commissioner8 Court of the oounty shall provide the necessary funds for the payment of salaries and expenses of the juvenile officers provided for in this Act. The appointment of said 

juvenile officers shall be filed in the office of 

the Clerk of the County Court. Juvenile officers 

shall take oath to perform their duties and file 

such oath in the offloer of the County Clerk. AB 

a basis for reckoning the population of any county 

the preceding Federal Census shall be used. 

"Provided that any juvenile officer appointed 

under.the provisions of this Act may be removed 

from offioe by the power appointing him; at any 

time. 

It will be noted that the foregoing article expressly provides, "As a basis for reckoning the population 

of any county the preceding Federal Census shall be used." 

Bexar County has a population of 338,176 inhabitants according to the 1940 Federal Census. 

Bexar County has a population of more than 150,000 

inhabitants'and a city of more than 100,000 inhabitants. 

Article 5142, Vernon's Annotated Civil Statutes, expressly 

provides that in counties having a population of150,OOO or 

more and containing a city of 100,000 or more inhabitants, 

the County Judge may appoint a juvenile officer aubjeot to .'. 

the approval of the County Juvenile Board to serve for a 

period not exceeding two years from the date of <appointment. 

However, such juvenile officer selected by the County Judge 

subject to the approval of the County Juvenile Board,' may 

select assistant juvenile officers, subject to the approval 

of the County Judge and the County Juvenile Board, provided 

such assistant juvenile offioera do not exoeed in number one 

assistant to each 25,000 population. The statute allows certain compensation as therein mentioned to be paid to the 

juvenile officer and the assistant juvenile officers. 

It is a well established prinoiple of law in this 

State that a statute giving authority to do a particular 

thing, and prescribing the mode of doing it, is mandatory 

in the sense that all other modes are excluded. (Weaver v. 

Robinson, 268 S.W. 133; Fer uaon v. Halfell, 47 Tex. 421; 

Ellis v. Holcombe, 69 S.W. 7 26) 449). 

It is our opinion that a juvenile officer and 

assistant juvenile offioers for Bexar County oan be appointed 
Honorable John R. Shook, Page 5, O-5420 

only Ln the manner as authorized by Article 5142, and that 

the number of assistant juvenile officers which may be 

appointed cannot exceed one assistant for each twenty-five 

thousand (25,000) population. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

a/ Ardell Williams 

BY Ardell Williams 

Assistant 

AW:mp/cg 

Approved July 7, 1943 

s/ Gerald C. Mann 

Attorney General of Texas 

Approved Opinion Committee 

By BWB, Chairman