THEA~TORNEY GENERA% 

OF TEXAS 

December 13, 1960 

Honorable Charles J. Lleck, Jr. 

Dletrlot Attorney 

~exar County Courthouse 

San Antonio, Texas 

Opinion No. NW-972 

Dear Hr. f;leck: 

Re: Are the salaries of the 

Dlatrlot, County and Precinct Officers of Bexar 

County to be detennlned 

as of May 18, 1960, the 

date of the preliminary 

announaement‘of the director of census andvrclated 

questions. 

You have requested an opinion from our ofrloe In 

regard to various questions concerning the aaapenaatlon 

to be paid various county and atate officials in Bexar 

County. elnce Bexar County .has moved Into a higher population bracket and la now rated aa having a population 

of ~OOJXJO or over. 

Question No. 1. Does the phrase "Last Preceding 

Cen(rue" alted in the various leglelatlve acts ln queation mean the 19&J Federal Genaus and, if so, are the 

salaries of Dlatrlot, County and Precinct Offloers of 

Bexar County to be determined as of May 18, 1960, the 

date of the prellm$nary announcement of the Director of 

Cenaua4 

Prlor.Attorney Ceneralla Opinion V-1137 (1950) held, 

in part, that the Federal Census becomes effective on the 

date that the area oc district census supervisor makes an 

offlolal announcement of the census'result POr the particular county. In our opinion, assuming the announoement 

was official, the phrase "Last Preceding Census" cited In 

the various leglelatlve aots In 'question would mean the 

1960 Federal Census, and aalariea of Dlstrlct, County and 

Precinct Officers of Bexar County would be determined as 

of May 18, 1960, the date of the preliminary announcement 

.of the Director of Census.. 
Honorable Charles J. Lieck, Jr., Page 2 (WW-972) 

Question No. 2. Is Section 8 of House Bill 374, Acts 

54th Legislature, 1955, Regular Session, Chapter 427, Page 

1137, in force and effect In Bexar County? 

In our opinion, Section 8 of House Bill 374, setting 

salaries of county officials, Is applicable to Bexar County. 

Question No. 3. Does the limitation contained In Section 10, House Bill 362, Acts 55th Legislature, 1957, Regular 

Session, Chapter 440, Page 1309, codified as Article 38831, 

Vernon's Civil Statutes, In regard to district Judges' salaries 

override the requirements of Section 8 of Article 39X&-4d, 

Vernon's Civil Statutes? 

Section 8, Article 3912e-&d, Vernon's Civil Statutes, 

(House Bill 671, 53rd Legislature, 1953, Regular Session, 

Chapter 435, Page 1050) provides as follows: 

"sec. 8. In all such counties, the 

Judges of the several District Courts In 

such counties shall each receive from county 

funds for all judicial and administrative 

services required of them an annual salary 

or allowances of Four Thousand, Five Hundred 

Dollars ($4,500) to be paid by the Commissioners Court in equal monthly installments. 

Such additional compensation shall be In addition to the salaries payable out of State 

funds; provided, however, that the annual aggregate salary of said District Judges from 

both State and County sources shall not exceed 

Thirteen Thousand, Five Hundred Dollars 

($13,500)." 

Article 681ga-18, Vernon's Civil Statutes, (Senate Bill 

75, 55th Legislature, 1957, Regular Session, Chapter 272, 

Page 606), set out in part as follows: 

"Sec. lc. The Judges of the several 

District Courts and of the Criminal District 

Courts of the State of Texas shall each be 

paid an annual salary of Twelve Thousand 

Dollars ($12,000.00). 

"Sec. 2. This Act shall not repeal any 

law which permits or requires any county In 

this state to pay a Sudge of a District Court 

or of a Criminal District Court any supplemental salary or compensation out of county funds." 
Honorable Charles J. LAeck, Jr., Page 3 (WW-972) 

Section 10 of Article 38831, Vernon*s Civil Statutes, 

set out in part, provides as f0110ws: 

"In all counties of thie State having a 

population of six hundred thouaand (600,000) 

or more lnhabltants according to the last preceding Federal Census, the Commlaeloners Court 

of auah counties shall pay to the Judges of 

the several Mstrlct Courts in such counties 

a supplemental annual salary out of county 

funds in equal monthly lnstallmente for all 

judicial and administrative services performed by them; provided, however, that the aggregate annual sala- of Diatriat Judges in such 

counties from both State and county fund shall 

not exceed the salary provided by law for the 

Ju;;oes of t2e Courts of Civil Appeals in this 

. . . . . 

Section 10 of Article 38831, Vernon's Civil Statutes, 

was enacted on May 23, 1957, while Article 68195-18, Vernon’s Civil Statutes, was enacted on May 17. 1957, which 

means that Section 10 of Article 3883i Is the lateti enactment In point of time. Section 10 of Article 38831. Vernon's Civil Statutes., quoted above , clearly limits the aggregate arinual salary' of district judges in aountles of 600,000 

or over to keep their lncme from exceeding the Income of justlaes of the Court of Civil Appeals... 

Since Section 10 of Article 38831, Vernon's Civil statutes, Is the latest enactment,-whiah is the true exoression 

of J,.eglslatlve Intent, according to Attorney Generals' 

Opinions O-5891, V-990 and WW-724, and the caeea cited therein, and the terms of the statute are not ambiguous,. It will 

control over the provisions of Section 8 of Article 3912e-46, 

Vernon's Civil Statutes, insofar as they conflict. 

Question No. 4: Are the provisions of Section 9 of 

Article 38831, Vernon's Civil Statutes, applicable to the 

Justice of Peace and Constables of Bexar County and may the 

-salaries of such officials be raised without giving the 

statutory notice as was requlred by Section 11, Article 39121, 

Vernon's Civil Statutes. 

Sectlon 9, Article 38831, Vernon's Civil Statutes, provides in part as follows: 
Honorable Charles J. Lieck, Jr., Page 4 (W-972) 

"In all counties of this State having a 

population of six hundred thousand (600,000) 

or more inhabitants according to the last preceding Pederal Census, the Commissioners Court 

shall fix the salaries of the Justices of the 

Peace and the Constables at not to exceed Ten 

Thousand Dollars ($10,000) per annum, to be paid 

in equal monthly installments; . . ." 

Section 15, Article 38831, Vernon's Civil Statutes, 

provides as follows: 

"The Commissioners Court shall not exercise the authority vested in said Court by 

virtue of this Act, except at re 

of said Court, and after ten (10 Y 

lar meeting 

days notice 

published in a paper of general circulation in 

the county to be affected thereby of the intended salaries to be raised and the amount of such 

proposed raise." 

The wording of the Sections 9 and 15 of Article 38831, 

Vernon's Civil Statutes, Is clear and unambiguous, and it 

is our opinion that since Bexar County now has a population 

of 600,000 Inhabitants or more that it must comply with Settlon 9 of Article 38831, Vernon's Civil Statutes, and that 

the Commissioners Court must give notice of their intention 

of acting on the salaries of the officials concerned according to the provisions of Section 15 of Article 38831, Vernon's 

Civil Statutes. 

Question No. 5. Shall the County Treasurer of Bexar 

County, Texas, be paid a salary in accordance with the provisions of Article 39436 Vernon's Civil Statutes, or the 

provisions of Article &je, Vernon's Civil Statutes? 

Article 394jd, Vernon's Civil Statutes, House Bill 206, 

52nd Legislature, 1951, Regular Session, Chapter 122, Page 

207, is set out in part as follows: 

"That the commissioners court in each 

county in the State of Texas having a population of six hundred thousand (600,000) 

inhabitants or more according to the last 

preceding Federal Census, or any future 

Federal Census, shall determine annually 

the salary to be paid to the county treasurer at a reasonable sum of not less than 
4768 

Honorable Charles J. Lleck, Jr., Page 5 (W-972) 

Five'Thousand Dollars ( 5 000) nor more than 

Eight Thousand Dollars t $6,000) per annum, and 

the maximum salary and compensation of sald~ 

treasurer shall not exceed Eight Thousand 

Dollars ($8,OCO) in the aggregate for any one 

calendar year. . . ." 

Article 3#3e, Vernon'8 Civil Statutes, provides as 

follows: 

"Sec. 5. In each county in the State 

of Texas having a population of at least 

three hundred thousand and one (300,001) lnhabitants, or more, according to the last 

preceding Federal Census, the Connnlssloners 

Court shall l'lx the salary of the county treasurer at any reasonable sum, providing such salary 

1s not less than .Forty-elght Hundred Dollars 

(w-1. Acts 1951, 52nd Leg., p. 675, ch. 391;" 

Article ~3943d was enacted on April 19, 1931, and became 

effective on May 2, 1951. Article 3943e was enacted on May 

a, 1951, and became effective 90 days after June 8, 1931, 

which was the date of adjournment. Since both of the stat- 

‘utes were passed during the same ses8lon and deal with the 

same subject matter they must b8 considered In par1 materla. 

Such a Consideration shows a conflict between the two statutes In that Article 39436, Vernon's Civil Statutes, limits 

the maximum salary and compensation of the treaeurer In 

counties with a population of 600,000 Inhabitants or over, 

while Section 5 of Article 3943e, Vernon's Civil Statutes, 

gives the Commlssloners Court of the county concerned the 

power to fix the salaries of the county treasurer at any 

reasonable 8um In counties having at Ieast 300,001 lnhabltants or more according to the h8t preceding Federal Census. 

It 1s evident that there is an Irreconcilable conflict In 

regard to the maxlpum amount that may be paid a county 

treasurer-ln a county with 600,000 or more lnhabltants and 

that these articles must be construed to determine the intent of the Legislature. According to Attorney General's 

Opinion No,. V-990 and the'cases cited therein, the latest 

expression of the Legislature prevails and a statute last 

passed will prevail over a statute passed prior to it lrre8pectiVe of whether the prior statute takes effect before 

or after the latest statute. In this particular Instance, 

since both statutes are general statutes and Article 3943e 

was enacted after Article 34'+3d, Vernon's Civil Statutes, 

It is apparent that the repeal clause of Section 6 of 

Article 3943iz, Vernon's Civil Statutes, repeals Article 
Honorable Charles J. Lieck, Jr., Page 6 (WW-972) 

39&3d, insofar as they conflict, which in this instance 

would mean that there Is no maximum set on the amount that 

the county commissioners can pay a county treasurer. 

SUMMARY 

The official announcement by the district 

or area supervisor of the 1960,census figures 

becomes effective as of the date of the announcement and must be considered by Bexar 

County officials to be the "Last Preceding 

Census" within the meaning of various Act8 

set forth In this opinion. 

Section 8 of House Bill 374, Acts 9th Legislature, Regular Session, 1955, Chapter 427, 

Page 1137, setting the salaries of various 

county officials is applicable to Bexar County. 

Section 10 of Article 38831, Vernon's Civil 

Statutes will control over the provisions of 

Section 8 of Article 3912e-4d, Vernon's Civil 

Statutes. 

The provisions of Sections 9 and 15 of Article 

38831, Vernon's Civil Statutes, are applicable 

to the salaries of Justice8 of the Peace and 

Constables of Bexar County. 

The salary of the County Treasurer of Hexar 

County is not llmlted by statute and is to 

be determined under the provisions of Section 

5 of Article 3943e, Vernon's Civil Statutes, 

since it repeals Section 1 of Article 3$+3d, 

Vernon's Civil Statutes, insofar as they conflict. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JCS:mm:ms 
Honorable Charles J. Lieck, Jr., Page 7 (WW-972) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Elmer McVey 

John Reeves 

Gordon C. Cass 

J. C. Davis 

Raymond V. L&tin 

REVIEWED FOR THE ATTORNEY GENERAL, 

BY: Leonard Passmore