### THEA~TORNEY GENERA% OF TEXAS

December 13, 1960

HonorableCharlesJ. Lleck,Jr. DletrlotAttorney ~exar County Courthouse San Antonio,Texas OpinionNo. 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‘ofthe director of census andvrclated questions.
You have requestedan opinion from our ofrloe In regard to variousquestionsconcerningthe aaapenaatlon to be paid various countyand atate officials in Bexar **County.** elnce **Bexar County**  **.has moved**  **Into** a **higher popu**  **lation 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 leglelatlveacts ln queation mean the 19&J Federal Genaus and, if so, are the salariesof Dlatrlot,County and Precinct Offloers of Bexar County to be determinedas of May 18, 1960, the date of the prellm$naryannouncementof the Director of Cenaua4 Prlor.Attorney

CenerallaOpinionV-1137 (1950)held, in part, that the FederalCensus becomes effective on the date that the area oc district census supervisormakes an offlolalannouncement of the census'resultPOr the particular county. In our opinion, assuming the announoement was official,the phrase "Last PrecedingCensus" cited In the various leglelatlveaots In 'question would mean the 1960 Federal Census,and aalariea of Dlstrlct, County and PrecinctOfficersof Bexar County would be determinedas of May 18, 1960, the date of the preliminary announcement .ofthe 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."HonorableCharlesJ. LAeck,Jr., Page 3 (WW-972)

Section 10 of Article

### 38831,Vernon*s Civil Statutes, set out in part,providesas f0110ws:

"In all countiesof thie State having a populationof sixhundredthouaand (600,000) or more lnhabltants accordingto the last preceding FederalCensus,the CommlaelonersCourt of auah countiesshallpay to the Judges of the severalMstrlct Courts in such counties a supplemental

annual salary

### out of county funds in equalmonthly lnstallmentefor all judicialand administrative servicesperformed by them;provided,however,that the aggregate annual sala- of DiatriatJudges in such countiesfrom both Stateand county fund shall not exceed the salary providedby law for the Ju;;oes of t2e Courtsof 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 enactedon May 

### 17. 1957, which means that Section 10 of Article

### 3883iIs the latetienactment 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 

### aountlesof 600,000 or over to keep their lncme from exceedingthe Income of justlaes of the Court of Civil Appeals... 

### SinceSection 10 of Article 

### 38831,Vernon's Civil 

### statutes, Is the latest enactment,-whiah is 

### the true exoression of J,.eglslatlve

Intent,accordingto AttorneyGenerals' OpinionsO-5891,V-990 and WW-724, and the caeea cited therein, and the terms of the statuteare 

### not ambiguous,. It will control over the provisionsof Section 8 of Article 3912e-46, Vernon's Civil Statutes,insofaras they conflict. QuestionNo. 4: Are the provisions of 

### Section9 of Article 

### 38831,Vernon'sCivil Statutes,applicable to the 

### Justiceof Peaceand Constablesof Bexar County and may the -salaries

of such officialsbe raised without giving the statutorynotice as was requlredby 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 Article38831, 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

HonorableCharlesJ. **Lleck,** Jr., Page 5 (W-972)

Five'Thousand

Dollars ( 5 000) nor more than Eight ThousandDollars t$6,000)per annum, and the maximum salaryand compensationof sald~ treasurershallnot exceed Eight Thousand Dollars ($8,OCO)in the aggregate 

### for any one calendaryear. . . ." 

### Article3#3e, Vernon'8Civil Statutes,provides as follows:
"Sec.5. In each county in 

### the State of Texas havinga populationof at least three hundredthousandand one (300,001)lnhabitants,or more, according to the last precedingFederalCensus,the Connnlssloners Court shall l'lx

the salaryof the county treasurer at any reasonablesum, 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 effectiveon May 2, 1951. Article 3943e was enacted on May a, 1951, and becameeffective 90 days after June 8, 1931, whichwas the date of adjournment. Since both of the stat- ‘utes were passed during the same ses8lon and deal with the same subjectmatter they must b8 considered **In** par1 materla. Such a Considerationshowsa conflictbetween the two statutes In that Article 39436,Vernon's Civil Statutes, limits the maximum salaryand compensationof the treaeurer In countieswith a populationof 600,000 Inhabitantsor over, while Section 5 of Article 3943e,Vernon's Civil Statutes, gives the CommlsslonersCourt of the county concernedthe power to fix the salariesof the county treasurer at any reasonable8um In countieshaving at Ieast 300,001 lnhabltants or more accordingto the h8t preceding Federal Census. It 1s evident that there is an Irreconcilableconflict In regard to the 

### maxlpum amountthatmay be paid a county treasurer-lna 

### county with 600,000 or more lnhabltantsand that these articlesmust be construed to determine the intent of the Legislature. Accordingto Attorney General's OpinionNo,.

V-990 and the'cases cited therein, the latest expressionof the Legislatureprevails and a statute last passedwill prevail over a statutepassed prior to it lrre8pectiVe of whether the prior statute takes effect before or after the latest statute. In this particular Instance, sinceboth statutesare 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 ArticleHonorable 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:msHonorable 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