Honorable E. Y. Cunningham

CountyAuditor Navarro County Corsicana, Texas
Dear Sir: OpinionNo. o-4985 Re: Under the facts submittedmay the appointed CountyTreasurer of Navarro County accept the salary of $1.00 a year as set by the Commlasioners' Court, and related questions?
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: "Theduly elected County Treasurer is going ,totake the oath of office on January lst, 1943 and then immedfatelyresign. My understanding of the law is that this officebeing vacated, it becomes the duty of the Commissioners Court to fill this vacancy, They plan to a$ point some onewho will be willfng to serve for 1.00 per, This office has been paying a salary of $1,200.00per The commlaslonersCourt plan on applying ~~~~0$1,199.00 on a donation they expect to make toward the operation of a City-CountyHealth unit which is to start operation January lst, 1943.
"Iwould apprecfatevery much your gfving me a rulfng on the followingquestions: "May the appointed County Treasurer accept the salary of $l,OO per year as set by the Comnlssioners Court,May the Commissionerslegally 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 thenmake this donation to the unitHonorable E, Y. Cunningham,page 2 o-4985

directly, or should they turn the $l,lgg.OOback to the County and then let the County in turn apply these funds toward the City-CountyHealth unlit as a part of their budget obligation toward this unit, and would the CommissionersCourt have the authority to so apply these fundswhen turned back to the Countyby the County Treasurer? "Uthe County Treasurermay serve for a fee of $l..OO

per year then may this officereceive commissions from the various funds, not to exceed the $2,000.00per 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) inhabitantsaccording to the last precedingFederal Census, is hereby authorized and it shallbe itsduty to fix the salaries of all the following named officers, to-wit:

. 0

. treasurer 0 D 0 Each of said officers shallbe 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 officerunder 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 ofNavarro 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 compensationby 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 ofWilliams 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

**” D**  **s 0**  Section 

### 13 of said legislativeact 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 'totalsum earned as compensationby 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, itwas stated In part:

1, 0

. 0The terms of the,statute author1zlng the Commissioners'Court to fix the salary at any sum not less than a certainminimum and not more than a certainmaximum,were mandatory and could not be ignoredby the members of the court at their discretfon. The order fixtng appellee's salary at $2,750was without authority and void. 11 " (Also see the case of Nacogdoches County'v:Winder 140 S.W. (2) 972 construing Section 13 ofArticle 3912e).
In view of the foregoIngyou are respectfully that the Commissioners' Court has no legal authority the annual salary of the CountyTreasurer at the sum advlsed to fix, of $1.00 per year, You are further advised that the offIce of the County Treasurer cannotreceive commissionsfrom the various funds In any amount for operating expenses of the office. There is no statutory or constitutionalprovisionauthorizing such procedure. Article 4436a-1,Vernon's Annotated Civil Statutes,authorizes the Commissioners'Court of any county in this State contalnlng an Incorporatedcity having a population of not less than 90,000 inhabttantsand not more than 120,000 inhabitants, as shownby the last precedingFederal 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 suchpurpose, 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 determinedby 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 cooperatewith one or more countieshaving a population of not more than 15,000 inhabitants in the operation of a health unit, to cooperatew,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-countyhealth unit and the Commissioners' Court of said county OP counties, Any county having a population of not more ,than15,000 Fnhabitantswhich desire to Cooperate with any city-countyhealth unit created under the terms of the Act, may, through action of its Commissioners' Court, cooperatewith said city-countyhealth unit as provided in the Act,
As Navarro County has no city having the population designated in the statuteand as said county has more than 15,000 inhabitantsaccordfng 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: "Themunfcfpal authorities of towns and cities, and commisafoners courts of the countieswhere& such towns and cities are situated,may co-operate with eac'hother inmaking such Improvementsconnectedwfth safd towns, titles and countiesas said authorities and courts may deem necessary to improve the public health and to promote efflcient~ sanitaryregulatfons; and, by mutual arrangement, they may provide for the construction of said improvementsand the payment therefor." 1.t will be no,tedthat this statutedoes not authorizea city and county to coopera,te in forming a city-countyhealth unit as authorizedby Ar~tfcle4436a-,l,

Article 4492,Vernon's Annotated Cfvfl Statutesprovides: "Anycommissroners courtmay co-operatewith 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,kalin said cftg, and to appropriate such funds as may be determined by said court) af,terjoint conferencerfth the authorities of such cfty or town, and themanagement of such hospital shallbe 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 ,theestablishment,building, equfpmentand mainteneince of a hospftal Is not presented.. -

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

In view of the foregoingyou are advised that cltlea and towns may cooperate to improve the public health and to promote efficient sanitaryregulatlona as authorized by Article 4434, supra, and to establish build, equip and maintain a hospital as providedby Article 4492, supra,but that Navarro County has no authority to cooperatewith the City of Corslcana to establishand maintain a cltg-countyhealth unit under Article 4436a-1, or any other statutewe have been able to find.
FOP the purposes of this opinionwe do not think it necessary to discuss the proposition as to what the County Treasurermay 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
ATTORNEYGENERAL OF TEXAS

By s/ArdellWilliams Ardell~Williams Assistant AW:mp:wc

APPROVED Jan 12, 1943 s/Gerald C. Mann ATTORNEY GENERAL OF TEXAS Approved OpinionCommittee By s/BWB Chairman