WC-t 13, 1949 

Hon. Y. E. Oates 

County Attornoj 

yalker county 

~Buntsvllle. Texas 

Dear sir: 

followa: 

Opinion No. V-882 

Re: Compensation of the 

ahsriff of Udkor 

Qounty. 

Your requeet for an opinion is, in p8rt, 8rn 

"1. 

flV8 

S.B. 

If the Court ahould allow the twentyper cent incroa8e a8 provided for in 

Ro. 92, would it in any way 8ffoct or 

repeal the twenty-five per'oeat, already 

allowed under S.B. Ho. 123, above.referI'ed 

You will notion that under S,B. Bo 

&n Seotion en: It. #rovide8 thit the ix+ 

orease would be twenty-five per cent of the 

au111 allowed imdsr the law for the fiscal 

year of 1948; and, therefore, the Court deeiri8 to ~know whether or not Secti@ one of , 

S.B. Ro. 92 repeal8 S.B. 130. 123, and whethor 

the officers would be entitled to both iacrearer? 

“2. Is your an8wer to question one rppllcable,.*o Section t-0 of S.B. No. 92, with reference to deputies, asslrt~nts and olerke? 

93.' Section threii 0f'S.B.~ Ho. 92 provide8 

that those paid on salary basis, shall be 

paid on twelve equal installments of not 

less than the total emount Wider the law 

of the flsctil year of 1935, and not more 

tha the leaXim= 8= allowed the OffiC8rr 

under the laW existill& On Aujglst 24, 1948, 

tog&her 81th twenty-five per cent if the 

Court feels authorized to allow the twentyfiv8 per oent. You will notice that this 

iricrease may be allowed to officers who 

were on a fee baaia laet year. I notice 

that the total alilount allowed in.1935 la 

'specified in Art. 3883 which provides the 

* 

, 
Hon. MO EL ~Oate8, page 2 (V-882) 

base pay for 

00 per fpy-, 

the County officers it (2&00.- 

and Art. 3891 provides 5n 8ub- 

, <-. 

. 

8tAllCe that On84hird Of the bXC888 fees 

may be added to the #2;2icoO,OO, Therefore 

;E;x;eriff at that time was&lQwed~ #3,~- . 

However under S.B. HO. l23,,the 

Con&;ioner~e Court had authority to increase the offloerr ralary (aherlff) .tw8ntj-five per cent. Th8refore in 194.8 the 

sheriff was entitled to the maximum fee 

of $J750.00, and his fees for 194.8 aounted to a little more than #3750.00. 5.8. 

Bo, 123 Is an emendment to Art. 3891. . Art1~108 3883 and 3891 provide the mailmum ,: 

fees for offioers end were l naoted:ln 1933 

b7 the &.h Legislature. Thor&ore I think 

that the rlnlmum salary to.be paid t&,8herifi 18 not lb88 thaa #375&o@ and if th8. 

Conaalrsioner~r Court desired, thq are a&horleed to Increase that raount 25$ or the 

8~8 allowed under the law of th8 flro& 

1948 which would make a total of 

The COUrt d88ire8 an an8wer a8 

' t0 theriniruaaZidIX~f888thatm8fbe 

allowed the rheriff; a8 he will bo paid l 

8a1al7 and not Seer. 

‘4. A8 f COMtIW8'.ih. l&W thb 8heriff 

&ould par the Se88 that he has earned and 

collected to the County lhasurer who till 

place the a8me in what may be specified 

Officer~8 Salti Fund,.' Should the rher-, 

iff'e fdi8 not be 8uffi6ient to pay hi8 

calarg monthly a8 it beoaor &Ie~, Out of 

what fund wonld the ofiloera bo l uth6ritad 

to make tha defldlent p8yment to complete 

%;TFonthly an+ annual 8alary of the Thorthe 1940 *l%% ~%~~ ?I,' @%%t%~~?i~~ 

county officers In 1948 were &mpensated on a fee baals. 

Themfore, the caapensatlon of the sheriff In 1948 was 

governed by the provisions of Articles 3883 and 3891, 

V.C.S.) a8 amended by S.B. 123, Act6 of ti. 49th Legislature. Under the above mentioned provi8lons the-iaxm sompen8atlon of the sheriff of Ualker Countf tie 

$3750 (~3ooO~.plam 4750 incream allowed under Y.B. 1231, 

_ . . n 
Hon. Y. E. GAte8, page 3 (V-882) 

Section 61 of Artlole XVI of t&e Conrrtltutlon of Texas 

aa amended provide8 that It shall be mandatory upon the 

Commissloners~ Courts of~this State to oompenrate the 

sh@riff, deputy mheriffe, constables, deputy conatable8, 

county law enforcement officer8 and prrcinot law enforcement offlcera on a 8alary b&818 beginning January 1,19499. 

Attorney General Opinion PO. V-748, According to the 

Snots prerated, the Conmiisrioners 1 Court of Walkor County hae placed the county officer8 (other than the County 

Connai88ionsrs and ahoriff) ona fee b&818. 

Section 1 of SOB. 92, Act8 of the Sl8t Legilk 

lature, provlde8: 

aSeotlon 1, The CO-i88 iOMr8 COW% 

in each county of this State I8 hereby authorized, when in their judgment the flnaucial condition of the county l ud tbo needs 

of the officer jurtify the inoreaae, to entrr an order lncrearing the compensation of 

the precinct, county 8nd district officera, 

or either of thorn, in au additional amount 

not to exceed twenty-five (25%) per cent of 

the sum allowed under the law-for the fiacal year of 1948, whether paid on fee or 

salary basis; provided, however the m-bore 

of the Coami88ioners Court may not raise 

the aalarles-of any of such Commireioners 

Court under the torm8 of thim Act without 

ralring the s~alary of the remaining oounty offlclal8 ln Uke proportion.w. 

In construing the above quoted provlslons it 

was held in Attorney General Opinion Ho. V-864 that the 

Commiralonera~ Court was l uthorisod to Increase the compeneation of Its oounty offloials in an additional amount 

not to exceed twenty five per cent of the amount allowed 

under the law (in the instant came, Articles 3883 gld 

3891, V.C.S. as amended) for the fiscal year 1948. In 

view of the foregoing, you are advised that the Comais- 

(donors' Court of Walker County may allow an increase In 

the compensation of the shePlff in an additional amount 

not to l xoeed $937.50 (25% of $3750). In other word8, 

the increase &lowed under S.B, 92 ,I8 an additional lncrease over aud above the increalre alloved in 1945 by 

S.B. I23 of the 49th Leglelature. 

Section 2 of 20. 92 provldee: 

.’ ‘. 
Hon. Y. E. Gate8, Page 4 (V-882) 

*The Comi8sloner8 Court In eaeh eouaty of-this State is hereby authorized, when 

in their judgment the flnanolal condition of 

the county and the needs of the deputies, a+ 

sietantrr and clerk8 of any district, oounty 

or precinct officer justify the Inerea8e, to 

enter an order increasing the compansatlon of 

any such deputy, 488frtant or clerk in 8n ad- . 

dltlonal amount not to exceed thirty-flvo (35$z> 

per oept of the sum allowed under the law for.., 

the flical year of 1949." 

Since Section 2 ooniaina 8ub#taI¶tiAlly the 8ame 

language as Section 1, the a8m rule of law la applicable to deput$ea, assistant8 and clerk8 a8 well as count7 

md preoinct offloors, 

Section 3 of S,B, 92 provides: 

*All of 8wch offiaera who were paid on 

a fea.brsis duriiag the ffacal year of 1948, 

and~who are now to be paid on a salary baala, ehall be paid an annual salary In twelve 

(12) equal installment8 of not le88 th8n the 

total sum earned a8 oompensatiion by hU in 

his official aapaolty for the fiscal fhr 

of 1935, and not more than the maxfmrm 8m 

allowed ruch officer under the lawo exi8tlng on Au&prt 

% 

1948, togethor with the 

twenty-five (25 j par oent Increase allowed by this Aot within the discretion of tha 

Conmieslonerr Court.' 

Since the sheriff of Walker County in 1948 w&8 

oompen8ated on a fee basis atid in 1949 has been compon8ated oti a salary basis (SOCK 61 of Art. XVI, Const, of 

Texan) the maximum and rlnimum ralary of the sheriff i8 

rixod,by the provisions of Section 3 of S.B. 92, You 

are therifors advired that the rherlff of Walker County is entitled to a 8alary of not lenr than the total 

8um earned as conpensatlon 

"4 

hia in hie official capacity for the fiscal year 193 * You are further advlaed 

that the maximum compmmtlon Allowed under the law is 

&,687.50 03750 POW $937050). 

Since the Commiaaioners~ Court of Walker County has placed its county 8nd precinct officer8 (0-r 

than county commlasioners, sheriff and constables) on a 

"fee* bA8j.8, Walker County ie not governed by Section8 

. . 
Eon. Y. E. Gate8, page 5 (V-882) 

ft 

and 5 of Article 39126 aud therefore does not have an 

Offlcers~ Salary Fund." Seotion 61 of Article IV1 of 

the Constitution of Texal require8 the sheriff to pay 

into the County Trearury 8ll fees earned by him. Since 

Walker County ha8 no "Offioersf Salary Fund," the salary of the 8herlff rhould be paid out of the-general 

fund. 

SUMMARY 

Senate Bill 92, Acts of the Slat Leglslature, flxee the minimum 8alary for-the 

eheriff of Walker Coupty at not leas than 

the total sum earned a8 compensation by hL 

In hi8 official capacity for the fiscal year 

1935, and fixee his maximum salary at not 

more than the maximum sum allowed him under 

$;s~;;;~g=&qyt 24, 1948 P~"P 25Ff. 

The Increase allowed the county and 

precinct offlcor8 under the provisions of 

Senate Bill 92, Acts of the slat Leglslature, is aa additional Increase over and 

above the Increase allowed In 1945 by the 

rovisiona 

fi 

of Senate Bill 123, lots of the 

9th Legislature. 

Section 61 of Article XVI of the constitution of Texas requires the sheriff to 

pay into the County Treasury all fees earned by him, aud alnce Walker County has no 

"Offlcora' Salary Fund," ths salary of th8 

sheriff should be paid out of the general 

fund of the county. 

Your8 very truly, 

ATTORWEYGXERALOFTD3S 

.