NEU GE~RAL 

Your requort is an opinion ir a8 iolZsrrr 

“Aovvrdi8g to ieforaation received br 

thlr office, San&e Bill 92 has beon prarsd bl 

t&o Sonat. and House by txo-thiMr PL 

%% ‘f” 

d by the Bovermm Juan 6 4 

o8iti.8 

19 9, 

,sn the Aot bocau ~rfw&i~~. 

at 

“Thir Bill authorirer the ComQmlona~@ 

wt al each eountJ, when Fa their ju@mmt 

the iinaacial aoaditicm 01 the 5ornrQ red tk 

SW48 Of th0 oif106l'8 urd tBII@lO~O~8 jU8tq 

tbu laOroa8e, to lnorrse the cmapenaatiea of 

O~URty,~&i8tdat axid pZWOinot Offi5Or8 f.D aU 

t Rot to exceed twentpfire per cant 

ef the man allowed for the fisoal Jand to lnoroase the aompeosatloy of Maa 

1*8, aSSiStantS, ad eUp107888 Of 8aib% 

am in an amount not to exorsd thlrtp 

five fl4Br cant (35s). The hot does not, how- 

@OF, 9,qwbeidly authorize an amendrent of tkie : 

l?~et~La #raer to put into dfeot the salary 

iakhia8er authoriced. 

"We rerpe5ttully request BP opinfoa *en 

$8UF Vff%O~ OXI the fOliOWing @68tiOR, to-Wits 
&XL Wllllam f. Hon8loy, page 2 (M57) 

SelNlt8 ~Blll 92 provldra: 

"Section 1. The Commla8lonerrs CotWt tr 

each county of this State 18 heraby authvelw4, 

when in their judgment the financial oaditlu 

or the county and the needs of thr offlaw 

justify the lnoreaao, to entor an order increasing the oompensatlon of the pealnot, 

county and district offlcsrr, or either of 

them, in an additional amount not to exoeed 

twenty-five (25%) per cent of the 8um allowed 

under the law for the flf5cal year o? 1948, 

whether paid on fee or salary basis; provided, 

however, the members of the CommIssIonerr 

Court may not raise the salaries of a& of 

suuh Comlsslone~e Court under the terns of 

this Act without raising the salary o? the remaining county offlclals ln like proportion. 

"Sec. 2. The Commlrtsloners Court In eaoh 

county of this State la hereby authorized, 

when In their judgment the financial condition 

of the county and the needs of the deputies, 

assistant.8 and clerks of any district, county 

or preclnot officer justify the Increase, to 

enter an order Increasing the compenaatlon of 

any such deputy, aaaletant or clerk ln an additional amount not to exceed thirty-five (35s) 

per cent of the sum allowed under the law for 

the fiscal year oi' 1948. 

"Sea. 3. All of such officers who were 

paid on a fee baa16 during the fiscal yeas of 

1948, and who are now to be paid on a salary 

basl8, shall be pald en annual salary in twelvr 

(12) equal Installments of not lea8 than the 

total 8um earned 88 oompensatlon by hir in his 

official aapaoity for the fiscal year of 1935, 

and not more than the maxlmrUn sum allowed maoh 

officer under the lawsl existing on August 24, 

1948, together with the twenty-five (25%) per 

oent increase allowed by this Act within the 

discretion of the Commlesioners Court. 

"Sem. 4. Before the Commls8iomerr Court 

shall be authorized to ahange the salaxy of 

the pubala o?fiolalr povided for in th%8 Aot, 

raid Comt shall publi.sh at least onoe a rook 
EO8. 

v+ti 

Willlam A. m.Isloy, pago 3 wlwr) 

rw three (3) oohsocutlvo wooks In a i¶bV8~~ 

In the rospoctlve oounty, notloo 6f their intonticn to uko oho8gos of salarZo8 0r tho80 

affected. 

"sco.. 5. The ~ovi8lon8 of this Act 8hL1 

be oumlatlvo of all other law8 portalning to 

8~6WfO8 Of OOURtJ Sad prO5inCt OfffdSPS snd 

their? dOpUti~8 and aS8iStSntS. 

'4 

l . . 

‘985. 7. The fact that the 508t of llvlng Is rising and the purchasing power of the 

dollar Is docroaslng, and that wages md salaries in private lndustrj have increased to s 

an extent that public Of?iCOr8 and Ollt@OjOS8 

continue In their offices at a sacrlflco In 

6bany instances; and tho further rS0t that an 

amendment to the Texas Constitution adopted 

In 1948 provided that all rhorlffs and tholr 

doputlorr shall be paid an annual salary; snd 

the fact cf the crowded ccnditicm of the oalemdar, create an emergency end en Imperative 

pub115 nOOOS8itJ that the Ccnstltutlonal Bulb 

roqulrlng bills to be read op three several 

da78 In oaoh Hou8e be 8wpond.d; and s&Id 

Rule IS haobj 8US~Ol3dOb, UIII thf8 Aot 8hs11 

take bir00t and be In for00 fror end after it8 

p88Sag0, aud it 18 SO mRtbt6d.* 

It was held in Attoraoj t3enma1'8 Opinion8 lo8. 

8+v-&03 ip5998+Ui?43 +l’tiOlO 1666, v,c.s., 58 

amoadod by liooso IS111 240, Acts of the 49th L8 

I;ot of 

orba 

et 

%?&naban 3 fund but mo 8USh transfer shall la8&&S hudng tiii year to a brdthe total OS the b&got.* 

18 rrat 

The abovo qw+tod pcrtion of the budg8t Statuto 

appll~blq to fcur lnqulq, and la vlow o?.eur 

ho%&.Bl#8 in the above 0pln10n8 the rbmeiEu 

"35 

QUO8tlOlb 

ior QurdrtmmlIlatlonis whether Sbnatb Bil g28mOaaS 

b$ ~liSrtlon tho p~'~~l8101~8 of AFtlola 1666 io 80 iar 
Ron. w1111am W. RbmlOY, page 4 (v-857) 

a8 It concerns salary lncrea806 la aooorilamcb vith the 

p~ovlslons of Senate Bill 92 for the remaMbr of the 

year, 1949. 

The grant of an express power by the LeglsUtire alves with It bs neceasam lmlloatlon OvbrY othor 

power-necessary and iroper to ixeciztion of the p-over 

expressly granted. Terre11 V. Sparks, 104 Tax. 191, 135 

S.W. 519 (1911); Moon v. Allred, 277 S.W. 787 (Tax. Clv. 

App. 1925, writ dv 

In view of the clear and unamblgnous language 

of Senate Bill 92 it Is our opinion that It was the intention of the Legislature to grant to the ComissloneP8' Court of every county the express powsr to allow 

the salary increases provided therein on the effective 

date of said Act. Since the Comt~Lsslone~s~ Court of 

Bexar County haa the express power to raise the salary 

of Its county officials vlthln the limitations presclrlbed therein, It Is our opinion that the Comlsslonera' Court has the implied power to do those things neoessary and proper to effectuate such salary lncrbasesr 

to-wit, amending its 199 budget to the extent of providing for such increases as it smy determine to be necessary In accordance with the provisions of Senate Bill 

92, Acts of the 51st Legislature. 

The Commiaslone~s~ Court of Bexar County 

under the provlslona of Senate Bill 92, Acts 

of the slat Legislature, has the implied authority to amend Its budget,,f& 1949 ~to the 

extent to effectuate salary lncrbases it is 

allowed to make under the express prOVi8iOM 

of Senate Bill 92. 

Yours very truly, 

APPROVED 

P 

d-J= 

ATTORERY GERRRAL OF TEXAS 

IRST ASSISTART 

ATTORWE!? OBPUL 

JBrbh 

By &.b? 

Asslatant