## THEATTORNEYGENERAL OF TEXAS

GROVRR SELLERS AUSTIN 11. TEXAS -N AlTORNEYGENERAl.

Honorable 0. Kennedy CountyAttorney Bee County Beeville, Texas

Dear Sir: OpinionNo. o-6658 Re: Maximum annual compensation of the Justice of the Peace for Precinct ,No.1, Bee County.

Your letter of June 14, 1945, request.ing the opinion of this department regarding the maximum annual compensation of the Justice of the Peace for PrecinctNo, 1 ofBee County, is as follows:

"Ourcommissioners'court has ins%ruc,ted me to submit the followingquestion ,to you, viz:
'SinceS.B. 123became law, how nmch fees may the Justice of the Peace for Precinct One of Bee County retain annually?
"All officers in this county are on a fee basis. The population of this county is approximately 17,000, Heretofore,under Article 3883 (Acts 1939, 46th Leg.) the Justice of the Peace was allowed to retain $1200.00, In addition, under Art, 

## 3891

the Ju.stice

of 'thePeace was allowed to rs'tainone third of the excess fees until such one third, toge,ther with 'the

amount specified inArt. 3883, amounts to $1400.00.
"TheJustice of the Peace of PrecinctOne will earn in fees for this year in excess of $2,000.00. Supposewe say that hewill earn exactly $2,000.00 for the year. How much of ,that will he be permittedunder the law to keep. Section (a) of Senate Bill 123, passed by this past Legislature is as follows:
"'TheCommissioners' Court is hereby authorizedwhen in their judgmen~t the financial condition of the county and the needs of the officers justify the increaseto enter an order increasingHonorable 0. Kennedy, page 2 o-6658

the compensation of the precinct, county and district officers in an additional amount not to exceedtwezts-five(25%)per cent. of the sum allowed under the law for the fiscal vear of Q$+, provided the total compensationauthorized under the law for the fiscal vear of 1444did not exceed the sum of Thirty-~Ix~~Hundred($3~600.00) Dollars.'
"TheCommissioners'Courtwish to allow such Justice of the Peace increasedcompensation to the full amount of 25% of the sum allowed him under the law for the year 1944. Under the law, this Justice of the Peacewas allowed to retain in fees for 1944 the total sum of $1400,00. Twenty five per cent. of $1400.00 is $350.00. The Commissioners'Court have in mind entering an order permittinghim to retain, from and after the effectivedate of S,B. 123, fees of office at the rate of $1750.00per year. The Commissioners' Court arrive at this amount in thisway: Such Justice of the Peacewas allowed $1400.00, under the law of 1944. Increasing this amount 25% would equal $1750.00per year. Is this correct?"
The maxlttmm

annual compensation of the Justice of the Peace for PrecinctNo, 1 under Articles 3833 and 3891,Vernon's Annotated Civil Statutes, is $1400.00, SenateBill 123,Acts of the 49th Legislature,Regular Session, 1945, authorizes the Commissioners'Coopt when in its judgment the financial condition of the county and the needs of the officers justify the increase to enter an order increasing the compensationof precinct officers in an additional amount not to exceed 25$,of the sum allowed under the law for the fiscal year of 1944, provided the total compensationauthorizedunder the law,for the fiscal year of 1944 did not exceed the sum of $3600,00.

You are respectfullyadvised that it is the opinion of this department that the Commissioners' Court in compliance with Senate Bill 123 can legally enter an order authorizing the Justice of the Peace of PrecinctNo, 1 to retain fees of office in the amount of $1750.00per year, provided, of course, that the provisions ofArticle 3891,V,A.C.S, and Senate Bill 123 are compliedwith.Honorable 0. Kennedy, page 

## 3 O-6658

Yours very truly,
ATTORNEY GENWAL OF TEXAS

By s/Ax-dell

Williams Ardell~Williams Assistant

AW:LJ:wc

APPROW JUN 21, 19% s/CarlosC. Ashley FIRST ASSISTANT ATTORNEY GENERAL Approved Opinion CommitteeBy s/BWB Chairman