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# The Attorney General of Texas April 11, 1984 JIM MATTOX Attorney General

Supreme Court Building P. 0. Box 12548 Austin, TX. 79711. 2548 5121475-2501 Telex 9101874-1367 Telecopier 512/475-0266

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## r Honorable Jim Bob Darnell CriminalDistrictAttorney 2nd Floor Lubbock County Courthouse P. 0. Box 10536 Lubbock,Texas 79408
Dear Mr. Darnell:
You have askedwhether the opinionNo. JM-144 Re: Whether a rule of the Texas Juvenile Probation Commission violates the Texas Constitutionor statutes

Texas Juvenile Probation Commission standard section 341.4(d), which requires juvenile probation officers to be paid not less than adult probation officers in the county or district, violates either the Texas statutes or constitution.
Texas Juvenile Probation Commission Standard section 341.4(d) provides, in pertinentpart, that

[the] juvenileboard shall ensure that all salary levels of juvenile probation departmentpersonnel are reasonable and comparable with prevailing salaries of the public and private sectors, in the respective countyor district,but in no casewill the salary scale for juvenile probation officers be less than the salary scale for adult probation officers.
In 1981, the Texas Legislature enacted chapter 75 of the Texas Human Resources Code and article 5138d. V.T.C.S., in the samebill to improve the juvenile justice systemby improving the effectivenessof probation services,providing financialaid from the state to juvenile boards for probation services, and establishing uniform probation administrationstandards. See Texas Human ResourcesCode 975.001. - The pertinentpart of article 5138d reads as follows:

(b) In all Texas counties, the juvenile board
. . . may, with the advice and consent of

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the commissioners court, employ and designate the titles and fix the salaries of probation officers
. . . according to the standards established by the Texas Juvenile Probation Commissionand the needs of the local jurisdiction as determinedby the juvenile board
. . . . This determination, if inconsistent with salaries established by laws governing the creation of a juvenile probation department for a particular jurisdiction, supersedes and controls over those statutoryprovisions. Prior to 1981, several statutes provided that compensation of juvenile probation officerswould be fixedby certain juvenileboards "subject to the approval of the commissioners court." Such statutes were interpretedas authorizationto the commissionerscourt to reject the compensation set by the juvenile board and to refuse necessary approval of a budget submitted by the juvenile board for the compensation of juvenile probation officers. See V.T.C.S. arts. 5142b, 5142c, 5142d; Attorney General Opinion MW-15 (1979). The enactment of article 5138d in 1981 impliedly repealed those prior statutes to the extent of conflict. If a conflict existsbetween two Etatutes, the earlier enactment is repealedby the later. See Stevens v. State, 159 S.W. 505, 507 (Tex.Grim.App. 1913). Also, inAttorney General Opinion MW-587 (1982). this office determined that article 5138d expresslyoverrules salarydeterminationsmade under thoseprior statutes,andwe agreewith that conclusion. Section 75.041 of the Texas Human Resources Code directs the Texas JuvenileProbation Cormnission to promulgate reasonablerules for juvenile boards establishi~ng minimum standards for personnel, staffing, case loads,programs, facilities,recordkeeping, equipment, and other aspects of the operation of a juvenileboard necessary for theprovisionof adequateand effectiveprobation services. The provision in standard section 341.4(d) requiring juvenile probation officers to be paid not less than adult probation officers is such a "standard established by the Texas Juvenile Probation Commission." In Attorney General Opinion MW-587, this office concluded that the language in article 5138d confers on juvenile boards the same authority to fix the salaries of juvenile probation personnel that the adultprobation statute (article42.12, section 10. Code Criminal Procedure), confers on district judges regarding the salaries of adult probation personnel. In other words, the controllingstatute,article 5138d.provides for consultationwith the commissioners court by the juvenile board in fixing the salaries of juvenile probation officers, but it does not authorize the conrmissionerscourt to reject the compensation set by the juvenile board in accordancewith standardsestablishedby the Texas Juvenile ?

?

,

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Honorable Jim Bob Dame11 - Page 3 (JM-144)

Probation Commission,unless there is clear abuse of discretion. See Commissioners Court of Hays County v. District Judge, 506 S.W.2d 630 (Tex.Civ. App. - Austin 1974,writ ref'dn.r.e.); CommissionersCourt of Lubbock Countyv. Martin, 471 S.W.Zd 100 (Tex.Civ.App. - Amarillo 1971, writ ref'd n.r.e.). Accordingly, we conclude that Texas JuvenileProbation Comission Standard, section 341.4(d) is authorized by Texas statutes.
It is well established that a county has only those powers or dutieswhich specificallyare conferred on it by the constitutionand statutes of this state. See Canalesv. Laughlin, 214 S.W.2d 451, 453 (Tex. 1948);Renfrov. Shr?hire, 566 S.W.Zd 688, 690 (Tex.Civ.App.

- Eastland 1978, writ ref'd n.r.e.); Harrison County v. City of Marshall, 253 S.W.Zd 67, 69 (Tex. Civ. App. - Fort Worth 1952, writ ref'd). Article V, section 18 of the Texas Constitution vests the commissionerscourtwith "suchpowers and jurisdictionover all county business, as is conferred by this Constitution and the laws of the State,or as may be hereafterprescribed." Neither articleV, section 18, nor any other provision of the constitution, precludes the leeislature from comittinn anv countvbusiness to some other anencv.

Commissioners tour; of Limes,toneCounty, 230 S.W.-1010, Gairett v. 1016 (Tex. Civ. App. - Dallas 1921), ref d on other grounds, 236 S.W. 970. ArticleXVI, section 61 of the Texas Constitution,which relates to compensation for certain district and county officers on a salary basis, as distinguished from a fee basis, is not applicable to the constitutionalityof standard 341.4(d). Further, article III, section 44 of the Texas Constitution provides that "the legislature shall provide by law for the compensationof all officers, servants, agents and public contractors not provided for in this constitution." The duty of providing for compensationby law rests solelywith the legislature,but section 44 does not prevent the legislature from empowerin~g other authorities to determine salaries, as long as it provides guidelines capable of reasonable application. The fixing of the exact sum of compensation is a constitutionallydelegable right. See In re Johnson, 554 S.W.2d 775 (Tex. Civ. Ann. - Cornus Christ1 1977. writ ref'd n.r.e.1 569 S.W.22 882; CommissionersCourt of Lubbock Countyv. Martin,&, at 105. The provisions of chapter 75 of the Human Resources Code and article 5138d,which authorize juvenileboards to fix the salaries of juvenile probation officers according to the needs of the local jurisdictionsand the uniform standardswhich the legislaturedirected the Texas Juvenile Probation Commission to establish, constitute such a delegation of the power to set compensation. Therefore,we believe the statutes authorizing the promulgation of Texas Juvenile Probation Commission Standard section 341.4(d) are a constitutjonal delegation of authorityby the legislature.

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Honorable Jim Bob Darnell - Page 4 (JM-144)

SUMMARY
Texas Juvenile Probation Comission Standard section 341.4(d), which requires that juvenile probation officers not be paid less than adult probation officers in the county or district, violates neither Texas statutes nor the Texas Constitution.

JIM MATTOX Attorney General of Texas TOM GREEN FirstAssistantAttorney General
DAVID R. RICHARDS ExecutiveAssistantAttorney General Preparedby Nancy Sutton AssistantAttorney General
APPROVFD: OPINION COMMITTEE Rick Gilpin, Chairman Jon Bible David Brooks Colin Carl JimHoellinger Nancy Sutton

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