THEATTORNEYGENERAII~ 

OP TEXAS 

AUSTIN. TEXAS 78711 

November 29, 1974 

The Honorable Michael L. Fostel 

County Attorney 

Winkler County 

P. 0. Box 1015 

Kermit, Texas 79745 

Opinion No. H- 461 

Re: Supplemental pay of 

district judge. 

Dear Mr. Fostel: 

You have asked whether the Commissioners Court of Winkler County 

may pay the District Judge of the 109th Judicial District, in addition to 

salaries paid him by the State of Texas, $1800 as compensation for all 

judicial and administrative services as authorized by Article 6819a-12a, 

V. T. C. S. and, at the same time, supplement his pay an additional $1200 

as compensation for the added duties as Chairman of the Winkler County 

Juvenile Board as authorized by Article 5139X, V. T. C. S. 

The 109th Judicial District Court is composed of the counties of 

Andrews, Crane and Winkler. V. T. C. S., art. 199 (109). 

Article 5139X, Vernon’s Texas Civil Statutes, creates the juvenile 

board for Winkler County, composed of a county judge and the judge of 

each judicial district which includes Winkler County. “The judge of the 

court which is designated as the juvenile court for Winkler County shall 

be chairman of the board and its chief administrative offi,ce.” 

Section 2 of Article 5139X provides in part: 

As compensat;ion for the added duties hereby 

imposed upon him, the chai:rman of su,ch board may 

be allowed additional compensa,tion in the amount 

of Twelve Hundred Dollars ($1,200) per annum, which 

shall be paid in twelve (1.2) equal installments out of 

the general fund or any other available fund of Winkler 

County. The Commissioners Court of Winkler County 

p. 21.15 
. 

The Honorable Michael L. Fostel. page 2 (H-461) 

may allow each other member of the board additional 

compensation in an amount not to exceed Twleve 

Hundred Dollars ($1,200) per annum, to be paid in 

twelve (12) equal installments out of the general fund 

or any other available fund of Winkler County. Such 

compensation shall be in addition to all other compensation now provided o,r allowed by law for county 

judges and district judges. 

This statute was enacted in 1957 as chapter 382, page 866 of the 

Acts of the 55th Legislature. 

The question you raised is caused by the enactment in 1963 (Acts 

1963, 58th Leg., ch. 229, p. 623) of what is now Article 6819a-12a: 

In the 109th Judicial District, the District 

Judge may receive annually, payable in monthly 

installments, a salary to be fi.xed by the Commissioners Court of each county, to be paid by 

said county out of the General Fund thereof, as 

compensation for all judicial and administrative 

services now rendered by said Judge, and any 

additional judicial or administrative services hereafter to be assigned to said Judge, in addition to 

all salaries paid or hereafter to be paid to said 

Judge by the State of Texas, out of state revenues: 

provided, however, that the salary herein authorized 

to be paid by and County Commissioners Court to 

any Judge shall not exceed the sum of Eighteen 

Hundred Dollars ($1800) per annum. 

In Attorney General. Opinion H-123 (1973), we disc,ussed at length 

problems involved in the supplementation of the salaries of various judicial 

offices. One question asked there was whether or not supplementation paid 

to the judges of Travis County for service on the Travis County Juvenile 

Board came within the limitations imposed upon compensation allowed for 

services as a judge. We stated our opinion that service on the juvenile 

board were services rendered as a judge, citing Jones v. Alexander, 

59 S. W. 2d 1080 (Tex.Sup. 1933). and suggested that to permit a judge to 

hold two offices, one on a juveni.la board and the other as a judge, for each 

p. 2116 
The Honorable Michael L. Fostel, page 3 (H-461) 

for each of which he would be compensated, would run counter to 

Sections 33 and 40 of Article 16 of the Texas Constitution. 

We believe the same reasoning applies here and that the compensation provided by Articles 5139X and 6819a-12a are both for 

services as a judge. We are further of the opinion as ~a necessary 

consequence that the $1200 supplement authorized by Article 5139X 

is included within the overall $1800 allowance of Article 6819a-12a. 

Thus, in our opinion, the answer to your question is that the Commissioners Court of Winkler County cannot pay to the district judge a 

supplemental salary of $1800 under Article 6819a -12a and at the same 

time another supplemental salary of $1200 pursuant to Article 5139X. 

It can, if it desires, award him $1200 pursuant to Article 5139X and 

additional supplementation under Article 6819A-12a provided that the 

total supplementation paid by that one county shall not exceed $1800 

per annum. 

SUMMARY 

The District Judge of the 109th District Court is 

limited in the amount of supplementation he may receive 

from Winkler County under Article 5139X and Article 

6819a-12a of Vernon’s Texas Civil Statutes, to the 

maximum of $1800 authorized by the latter statute. 

Very truly yours, 

Attorney General of Texas 

APP&VED: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 2117