THEATTORNEYGENERAL 

OF TEXAS 

GROVRR SELLERS AUSTIN 11. TEXAS 

-N 

AlTORNEYGENERAl. 

Honorable 0. Kennedy 

County Attorney 

Bee County 

Beeville, Texas 

Dear Sir: Opinion No. 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 Precinct No, 1 of Bee County, is 

as follows: 

"Our commissioners' court has ins%ruc,ted me 

to submit the following question ,to you, viz: 

'Since S.B. 123 became 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 'the Peace was 

allowed to rs'tain one third of the excess fees 

until such one third, toge,ther with 'the amount 

specified in Art. 3883, amounts to $1400.00. 

"The Justice of the Peace of Precinct One 

will earn in fees for this year in excess of 

$2,000.00. Suppose we say that he will earn exactly $2,000.00 for the year. How much of ,that 

will he be permitted under the law to keep. Section (a) of Senate Bill 123, passed by this past 

Legislature is as follows: 

"'The Commissioners' Court is hereby authorized when in their judgmen~t the financial condition of the county and the needs of the officers 

justify the increase to enter an order increasing 
Honorable 0. Kennedy, page 2 o-6658 

the compensation of the precinct, county and 

district officers in an additional amount not 

to exceed twezts-five (25%) per cent. of the sum 

allowed under the law for the fiscal vear of 

Q$+, provided the total compensation authorized 

under the law for the fiscal vear of 1444 did 

not exceed the sum of Thirty-~Ix~~Hundred ($3~600.00) 

Dollars.' 

"The Commissioners' Court wish to allow such 

Justice of the Peace increased compensation 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 Peace was 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 permitting him to retain, from and after 

the effective date of S,B. 123, fees of office 

at the rate of $1750.00 per year. The Commissioners' Court arrive at this amount in this way: 

Such Justice of the Peace was allowed $1400.00, 

under the law of 1944. Increasing this amount 

25% would equal $1750.00 per year. Is this 

correct?" 

The maxlttmm annual compensation of the Justice of the 

Peace for Precinct No, 1 under Articles 3833 and 3891, Vernon's 

Annotated Civil Statutes, is $1400.00, Senate Bill 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 compensation of 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 compensation authorized under the law,for the 

fiscal year of 1944 did not exceed the sum of $3600,00. 

You are respectfully advised 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 Precinct No, 1 to retain fees of office 

in the amount of $1750.00 per year, provided, of course, that 

the provisions of Article 3891, V,A.C.S, and Senate Bill 123 are 

complied with. 
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/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORNEY GENERAL 

Approved Opinion Committee By s/BWB Chairman