Honorable E. Y. Cunningham 

County Auditor 

Navarro County 

Corsicana, Texas 

Dear Sir: Opinion No. o-4985 

Re: Under the facts submitted may the 

appointed County Treasurer of Navarro County accept the salary of 

$1.00 a year as set by the Commlasioners' Court, and related quest ions? 

Your letter of recent date requesting the opinion of 

this department on the questions stated therein reads ln part 

as followa: 

"We have a very unusual situation that Is 

about to develope in the office of the County 

Treasurer, which is as follows: 

"The duly elected County Treasurer is going 

,to take the oath of office on January lst, 1943 

and then immedfately resign. My understanding of 

the law is that this office being vacated, it becomes the duty of the Commissioners Court to fill 

this vacancy, They plan to a 

$ 

point some one who 

will be willfng to serve for 1.00 per, This office has been paying a salary of $1,200.00 per 

The commlasloners Court plan on applying 

~~~~0$1,199.00 on a donation they expect to make 

toward the operation of a City-County Health unit 

which is to start operation January lst, 1943. 

"I would apprecfate very much your gfving me 

a rulfng on the following questions: 

"May the appointed County Treasurer accept the 

salary of $l,OO per year as set by the Comnlssioners Court, May the Commissioners legally apply 

this $1,199000 toward thefr donatlon for the operation of this health unit? Or can the appointed 

County Treasurer accept the salry of $1,200.00 

per year and then make this donation to the unit 
Honorable E, Y. Cunningham, page 2 o -4985 

directly, or should they turn the $l,lgg.OO back 

to the County and then let the County in turn apply these funds toward the City-County Health unlit 

as a part of their budget obligation toward this 

unit, and would the Commissioners Court have the 

authority to so apply these funds when turned back 

to the County by the County Treasurer? 

"Uthe County Treasurer may serve for a fee 

of $l..OO per year then may this office receive commissions from the various funds, not to exceed the 

$2,000.00 per year, for operating expense of the 

office of the County Treasurer? 

Navarro County has a population of 51,308 inhabitants 

according to the 1940 Federal Census. 

Section 13, Article 3912e, Vernon's Annotated Civil 

Statutes, reads in part as follows: 

"The Commissioners' Court in counties having 

a population of twenty thousand (20,000) inhabitants or more, and less than one hundred and ninety 

thousand (lgO,OOO) inhabitants according to the last 

preceding Federal Census, is hereby authorized and 

it shall be its duty to fix the salaries of all the 

following named officers, to-wit: . 0 . treasurer 

0 D 0 Each of said officers shall be paid in money 

an annual salary in twelve (12) equal installments 

of not less than the total sum earned as compensation by him In his official capacity for the fFsca1 

year 1935, and not more than the maximum amount allowed such officer under laws existing on August 

24, 1935; . . 0 0" 

You do not state in your letter the amount the County 

Treasurer earned in his official capacity for the fiscal year 

1935 * However, the Commissioners' Court of Navarro County has 

no legal authority or right to fix the salary of the County 

Treasurer at any sum or amount less than the total sum earned 

as compensation by him in his official capacity for the fiscal 

year 1935, and not more than the maximum amount allowed such 

officer under laws existing on August 24, 1935. 

In the case of Williams v. Caas County, 147 S,W. (2) 

588 in construing Section 13 of Article 3912e, supra, the court 

said: 
Honorable E. Y, Cunningham, page 3 o-4985 

” 0 D s Section 13 of said legislative act 

is applicable to Cass County, and authorLzea the 

Commlasioners' Court to fix the salaries of the 

county officers, including that of the treasurer, 

at a sum not less than the 'total sum earned as 

compensation by him In his offlclal capacity for 

the ffscal year 1935.' 0 . 0 ." 

In the case of Nacogdoches County v. Jinklns;~l40 S.W. 

(2) 901 construing Section 13 of Article 3912e, supra, it was 

stated In part: 

1, 0 . 0 The terms of the, statute author1zlng 

the Commissioners' Court to fix the salary at any 

sum not less than a certain minimum and not more 

than a certain maximum, were mandatory and could 

not be ignored by the members of the court at 

their discretfon. The order fixtng appellee's 

salary at $2,750 was without authority and void. 

11 " (Also see the case of Nacogdoches 

County'v: Winder 140 S.W. (2) 972 construing 

Section 13 of Article 3912e). 

In view of the foregoIng you are respectfully 

that the Commissioners' Court has no legal authority 

the annual salary of the County Treasurer at the sum 

advlsed 

to fix, 

of $1.00 

per year, You are further advised that the offIce of the 

County Treasurer cannot receive commissions from the various 

funds In any amount for operating expenses of the office. 

There is no statutory or constitutional provision authorizing 

such procedure. 

Article 4436a-1, Vernon's Annotated Civil Statutes, authorizes the Commissioners ' Court of any county in this State 

contalnlng an Incorporated city having a population of not less 

than 90,000 inhabttants and not more than 120,000 inhabitants, 

as shown by the last preceding Federal Census, and the City 

Council of such city to cooperate in forming a city-county 

health unit and combine the health units of each political subdivision for such purpose, and appropriate funds to the combined health unit In such proportion as may be agreed to between said Commissioners' Court and said City Council. This 

statute also authorizes the Commissioners' Court and City 

Council after having determined by resolution and joint action 

of the court and the City Council that it is to the best lntereat of the county and the~~'citg to cooperate with one or 

more counties having a population of not more than 15,000 inhabitants in the operation of a health unit, to cooperate w,ith 

such county or countlea under such arrangement as may be en- 
Honorable E, Y. Cunningham, 

tered into between the City 

page 4 o -4985 

CouncLl and the Commissioners' _.. Court of said city-county health unit and the Commissioners' 

Court of said county OP counties, Any county having a population of not more ,than 15,000 Fnhabitants which desire to 

Cooperate with any city-county health unit created under the 

terms of the Act, may, through action of its Commissioners' 

Court, cooperate with said city-county health unit as provided 

in the Act, 

As Navarro County has no city having the population 

designated in the statute and as said county has more than 

15,000 inhabitants accordfng to the last preceding Federal 

Census the statute (Article 4436a-1) is not applicable to 

Bavarro County, 

Article 4434, Vernon's Annotated Civfl Statutes, provides: 

"The munfcfpal authorities of towns and cities, 

and commisafoners courts of the counties where& 

such towns and cities are situated, may co-operate 

with eac'h other in making such Improvements connected wfth safd towns, titles and counties as said 

authorities and courts may deem necessary to improve the public health and to promote efflcient~ 

sanitary regulatfons; and, by mutual arrangement, 

they may provide for the construction of said improvements and the payment therefor." 

1.t will be no,ted that this statute does not authorize a 

city and county to coopera,te in forming a city-county health 

unit as authorized by Ar~tfcle 4436a-,l, 

Article 4492, Vernon's Annotated Cfvfl Statutes provides: 

"Any commissroners court may co-operate with 

and join the proper eu,thor?itfes of any city having 

a population of ten i.:howsand persona or more In 

the es~ablishme~t,buildin~,, e,quipment and malntenance of a hospI,kal in said cftg, and to appropriate such funds as may be determined by said 

court) af,ter joint conference rfth the authorities 

of such cfty or town, and the management of such 

hospital shall be under the joint control of such 

court and cfy au.thorItiea." 

AS we understand 'your request, the question of the 

county and city cooparatfng in ,the establishment, building, 

equfpment and mainteneince of a hospftal Is not presented. 
. - 

Honorable E, Y. Cunningham, page 5 o-4985 

In view of the foregoing you are advised that cltlea and 

towns may cooperate to improve the public health and to promote 

efficient sanitary regulatlona as authorized by Article 4434, 

supra, and to establish build, equip and maintain a hospital 

as provided by Article 4492, supra, but that Navarro County 

has no authority to cooperate with the City of Corslcana to 

establish and maintain a cltg-county health unit under Article 

4436a-1, or any other statute we have been able to find. 

FOP the purposes of this opinion we do not think it 

necessary to discuss the proposition as to what the County 

Treasurer may do with his salary after he has earned and received the same. 

Trusting that the foregoing fully answers your inquiry, 

we are 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By s/Ardell Williams 

Ardell~Williams 

Assistant 

AW:mp:wc 

APPROVED Jan 12, 1943 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chairman