Honorable JohnR. Shook

Criminal District Attorney Baxar County SanAntonio, 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 apeace ~'officsr,in addition to the number of salaried juvenile officers and assistants asnow authorized by law4

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



### “Weenclose herein a oopy of a letter whioh we received from Judge S. G. Tayloe, Chairman of the Juvenile Board of Sexar County, Texas, requesting thatwe obtain from your offioe **an** opinion as to whether ornot 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 thenumber of salaried juvenile officers and assistants as now authorized by law.
Qexar County's Juvenile office isnow aovered by theprovisions ofArtiole 5142, as amended by theActs of the 45th Legislaturr of 1937.~ Article 5142 of the R.C.S., as originally enaoted, expresslyprovided for the appointment ofany number of non-salaried juvenile,officers for any ccunty coming within the population bracket inwhich Bexar County is included, but inArticle 5142, as amended, such provision isnot expressly provided.Hon. JohnR. 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. 597and Moon v.Allred, 277 S.W. 787,which hold, "thatwhich is implied in a statute is aamuch apart.thereof as thatwhich is expressly given", we could safely say that under the conditions
as set out in Judge Tayloe's letter, the proper authorities would have thepower tomake the appointments contemplated by the Juvenile Board.

"The fact that the juvenile situation inBexar County is ina deplorable condition at this time, impels US to UPgSntly request thatyou give this matter as speedy attention as ispossible commensurate with sound interpretation."

Article 5142,Vernon's Annotated Civil Statutes, provides inpart:

"Theremay be appointed, inthe manner hereinafter provided, discreet persons of goodmoral oharacter to serve as juvenile officers forperiods not to exoeed two (2)years from date of appointment.

"Such officers shall have authority and it shallbe their duty tomake investigations of all
cases referred to them as such by suohBoard; to be present in Court and to represent the interest of the juvenile when the case isheard, 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 toperform such other child asmay be required by the 8ervices for the ourt or said Board, and suoh juvenile officers shall be vestedwith all the power and authority ofpolice 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 tomake investigation of my such case, to bepresent in COUrt to represent the interest of the juvenile when the aase if tried; to furnish to such Court such information andBnorableJohn 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 courtmay direct.

... "Provided.that in counties having apopulation of onehundred and fifty thousand (150,000) ormore, and containing a city of one hundred thousand (100,000) ormore, the County Judgemay appoint a juvenile officer, subject to the approval of the ,CountyJuvenile Board, to serve for aperiod not to exceed two (2)years from the date of appointment, and whose extra duties shall be tomake investigations for the Commissioners Court on applications for charity, oradmittance into detention homes or orphan homes created by such counties. The salary of such juvenile officer shall not exceed ThreeHundred Dollard ($300) permonth, his allowance for expenses not exceed TwoHundred Dollars ($200) ayear. Such juvenile,officer may select assistant juvenile officers, subject to the approval of the County Judge and the County Juvenile Board, thenumber of such assistant juvenile officers not to exceed one assistant to each twenty-five thousand (25,000) population. The ,salariesof such assistant juvenile officers shall be the~same as that fixed by theGeneral law inArt. 3902 , of theRevised Civil Statutes of Texas, 1925, for assistants to other county officials. Suoh assistant juvenile officers may be allowed expenses not to exceed TwoHundred Dollars ($200)per year each.

"In the appointment of all juvenile offioers, the County Judge and the County Juvenile Boardmay 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 jointlyby the county and school authorities upon any basis of division theymay 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
sumsherein provided for, shallbe certified by the County Judge asbeing necessary in theper-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 thepayment 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 thepopulation of any county thepreceding Federal Census shallbe used.

"Provided that any juvenile officer appointed under.the provisions of thisAct may be removed from offioe by the power appointing him; at any time.

Itwill be noted that the foregoing article expressly provides, "As abasis for reckoning the population of any county the preceding Federal Census shallbe used." Bexar County has apopulation of 338,176 inhabitants according to the 1940 Federal Census.

Bexar County has apopulation ofmore than 150,000 inhabitants'and a city ofmore than 100,000 inhabitants. Article 5142, Vernon's Annotated Civil Statutes, expressly provides that in counties having apopulation of150,OOO or more and containing a city of 100,000 ormore 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 twoyears 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 tothe approval of the County Judge and the County Juvenile Board, provided such assistant juvenile offioera donot exoeed innumber one assistant to each 25,000 population. The statute allows certain compensation as thereinmentioned tobe paid to the juvenile officer and the assistant juvenile officers.

It is awell established prinoiple of law in this State that a statute giving authority todo aparticular thing, and prescribing themode of doing it, ismandatory in the sense that all other modes are excluded. (Weaver v. Robinson, 268 S.W. 133; Fer uaon v. Halfell, 47Tex. 421; Ellis v. Holcombe, 69 S.W. 726) 449).

It is our opinion that a juvenile officer and assistant juvenile offioers for Bexar County oanbe appointedHonorable John R. Shook, Page 5, O-5420

only Lnthemanner 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 ofTexas

Approved Opinion Committee ByBWB, Chairman