Honorable Charles J. Lieck, Jr. 

Criminal District Attorney 

Courthouse 

San Antonio, Texas 

Opinion No. WW-681 

Re: Constitutionality of 

Senate Bill No. 193, 

Acts 56th Legislature, 

Regular Session, 1959, 

Chapter 27, Page 52, 

relating to appointment 

and salaries of court 

reporters in certain 

Dear Mr. Lieck: counties. 

You have requested an opinion on the constitutionality 

of Senate Bill No. 193, Acts 56th Legislature, Regular Session, 

1959, Chapter 27, Page 52, providing for the appointment and 

salaries of court reporters In counties havln 

not less than three hundred sixty thousand (3 0,000 nor more 

2 a population of 

than six hundred twelve thousand (612,000), according to the 

1950 Federal Census, as follows: 

"Section 1. In all counties in the State of 

Texas having a population of not less than three 

hundred sixty thousand ( 60,000) nor more than six 

hundred twelve thousand ? 612,000), according to the 

1950 Federal Census, the Judge of each District Court, 

civil and criminal, and the Judge of each County 

Court at Law, civil or criminal, shall appoint an 

official shorthand reporter for such court. Such 

appointment shall be evidenced by an order entered 

on the minutes of each such court. Such appointment, when once made, shall continue in effect from 

year to year, unless otherwise ordered by the Judge 

of the Court in which such reporter serves. The 

compensation of such reporter shall be not less than 
r . 

Hon. Charles J. Lieck, Jr., page 2 (WW-681) 

Seventy-five Hundred Dollars ($7500.00) nor more 

than Eighty-five Hundred Dollars ($8500.00) per 

annum; such compensation shall be determined, set, 

and allowed by the judge of such court or courts 

within such minimum and maximum compensation 

authorized hereby; in addition to compensation for 

transcript fees as provided by law; . . ." 

Senate Bill No. 193, was enacted and is constitutional 

under the provisions of Section 1 of Article V of the cnnstltution 

of Texas, which provides in part: 

"The judicial power of this State shall be 

vested in one Supreme Court, in Courts of Civil 

Appeals, in a Court of Criminal Appeals, in District Courts, In County Courts, in Commissioners 

Courts, in Courts of Justices of the Peace, and in 

such other courts as may be provided by law. 

,I . . . 

"The Legislature may establish such other 

courts as it may deem necessary and prescribe the 

jurisdiction and organization thereof, and may 

conform the jurisdiction of the District and other 

inferior courts thereto." 

In Tom Green County v. Proffitt, 195 S.W. 2d 845 (Tex. 

Civ.App. 194b) the Court in ruling on a similar Act, Article 

2326, Vernon's'Civil Statutes, prescribing salaries for various 

court reporters, held in referring to Section 1, Article V of the 

Constitution of Texas: 

"This provision has been construed as authorizing 

local or special laws affecting the functioning of the 

different courts throughout the, State: 

"In so far as H.B. 555 relates to district 

court reporters it deals with state employees. In 

so far as itrelates to reporters of county courts 

at law it provides as an incident for the functioning 

of courts which the Legislature creates under express 

authority of Art. V, Sec. 1." 
.- 

Hon. Charles J. Lieck, Jr., page 3 (W-681) 

In line with the decision of the Texas Court of Civil 

Appeals In Tom Green County v. Proffitt, and Attorney General's 

Opinions R-2386 (1951) R-2459 (1951) holding that district 

court reporters are &te employees and that county court at 

law reporters may be regulated under the power which the 

Legislature has to create such courts,it is evident that Senate 

Bill 193, does not conflict with Section 56, Article III of the 

Constitution of Texas, which provides among other things that 

the Legislature shall not pass any local or special laws creating 

offices or prescribing duties of officers in counties, or regulating affairs of counties, unless some other section of the 

Constitution authorizes such an Act. Therefore, it Is our opinion 

that Senate Bill No. 193 is constitutional. 

. 

SUMMARY 

Senate Bill 193, Acts 56th Legislature, 

Regular Session, 1959, Chapter 27, Page 52, 

regulating the appointment and salaries of 

district and county court at law reporters 

in counties having a population of not less 

than three hundred sixty thousand (360,000) 

nor more than six hundred twelve thousand 

(612,000), according to the 1950 Federal 

Census, is constitutional under Section 1 

of Article V of the Constitution of Texas, 

and does not conflict with Section 56 of 

Article III of the Texas Constitution. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

BY 

John C. Steinberger 

Assistant 

JCS:rm:me 

APPROVED: 

OPINION COMMITTEE 

Gee. P. Blackburn, Chairman 

Wallace Finfrock 

Linward Shivers 

Joseph G. Rollins, Jr. 

L. P. Lollar 

Robert 0. Scofield 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore