OFFICE OF THE ATTORNEY GENERAii’OF TEXAS 

Honorable II. L. 

county atorney 

Nlnkler county 

Kenit, %zae 

Dear Sirr 

.Xobe&oii 

of a Conatabls, 

able*8 salary ha6 

the Con~lealo5ats’ 

'icls~?i912e, Sac. 17 (a), Vernon's 

I5 countiee where it shall heva bsen 

Court of suoh county to fix the sa.lary allowed to such offioers. Eaoh of said 

ofricers ahal& be paid l.n money an annual 

salary in twelve (12) equal ihstallments 

of not leas than the total cmn earned 88 

cc..pensation~earnsd by him in his official 
Honorable 8. L. Roberaon, Page 2 

eapbotty for the fiscal year 1935 

‘.. 

andaot more than ths maximum mount 

allowed auoh offioer under laws exiatIn6 August 24, 1935, 

*In view of tha foregoing iiuthorlty tha 

Co~iealoaerar Court unquaatl6nably has tha authorlty to set the oonstabla'a salary in January, but it is doubtful as to whether or not 

the Court haa the authority to'eaise or lower 

the salary Wring the remainder of the year. 

"Ln your opinion, is it possible In any 

way to miss the salary of a conetable after 

the salary has been set Sor tha year. Ths 

salary nnxat be paid in twalve (12) equal installments as set out In the statutes.” 

Xlnkler County has a .populstion of 6,178 ‘lnhabitaats accordin to the 1940 Federal Census. 

Seotion 18 of Qtiale JBlEe, Vsmon*a kxnotated 

Civil 3tatute8, provides .ln part: 

“The Commlsaloneral Court In oountles 

havin 

sand 'f 

a population OS lssa than twenty,thou20,000) lnhabltanta, aocordlng to the 

last praosding Psdeml Cansus at the first 

regular meeting in January of eaah calendar 

year, may pass an order provldfag for aompensatlon of all oounty and precinat offiosra 

on a salary basis. . . ." 

Se&ion 17 (a)j'Artlole 39120, aupm, reads in party 

as followa: 

*The term *Preolnot OS?iceral aa'uaed la 

this Aot means justloea of the pea00 an4 eonaDables. 

* 

. . . 

*(b) In oouatiea whare it ahall,havs'been 

determined that preoinot oliiosra rhall be .oompensatad on aa annkal salary basis It sha&;,be 

the duty of’ the Cawulsslon~re~ Court of euoh' 

couaty'to tlx the salary allowed to suoh otTi.- 

cers. fiaoh df eal4 officers shall be ,pal4 in 
Honorable Ii. L. Roberaon, Page 3 

money an annual salary in twelve (12) equal 

inatallmenti~ of not lea8 than the total 8um 

sew504 as coapenaatioa earned by him in hi8 

offioial capacity for the flaaal year 1935 

an4 not more than the maximum alpount. allowed suah oifioer under laws existing August 

24, 1935. . . .* 

In our opinioa Ho. o-1595, itiis stated: 

* that the caamisaionera* oourt has 

the rlihi ;nd authority to fix the salarlea of 

the orflcsra name4 in Ssotioa 13, Article 

39120, aupra, at any mount not leas than the 

total sum earned as ooapensatlon by the officer in hi8 offloial capacity for the flaoal 

year 1935, an4 not mor4. than the maximum amohnt 

allowed such officor under laws 'existing 05 

August 24, 1935, a54 when suoh salaries have 

once been fixed by tha aommisaloneral court 

ror 5814 otrlcera, they cannot be changed 

during that year; however, then oomialssloneraf 

oourt may ahange the salaries of said offloers for the Soll0wl5g year, provided suoh 

salaries are not leaa than the total 8um 

ear544 as oompsnaatlon by the orflcer in his 

‘olfiolal capaaity for the fiaoal year 1935, 

and not more than the aaxinuan~ amount allowed 

auoh ofiioer un4sr laws existing on August 24, 

193s.” 

It will be noted that Seotlon 1.3, Artlole 39124, 

whlah is referred to in th8 above mentioned opinioa ia applicable to oouatlea having a population of 20,000 inhabitants or more, an4 leas thag 190,000 lnhabktante acoordlng 

to the last precedlhg Federal Census. However, we think 

that the ooaverae of what wa8 sai4 there with refersnos to 

a dearease la salary is equally applioabls to paragraph (b) 

Seotlon 17, Art&la 39124, regardi% an iaarease ln the 

salary of a oonstable, Therefore, it la our opinion that 

when the salary of the oonstable haq~ onoe been fixed by tbs 

Cominiaaioners~ Court for the year in oompltaaoa with Seation 17, aupra, the salary cannot be ahanged during that 

year; however, the Cofmi55lOnsrS ) Court may change the aalary of the constable ror the following year, provide4 auoh 

salary la not lass than the total sum earned a8 oo~~ens4- 

tlon by the constable in his official oapaclty fox the fiscal 

year 1935, and not more than the maximum amount allowed auoh 
Honorable H. b. Roberoon; I?¶&3 4 

officer under iawe existing an August 54, 1935. Spealflaally 

answering your queetlon, there ia no w8p that the COD&Ssioners* Court aan raise the salary of a aonstabls who is 

coapeneated on an annual salary basis. after such salary has 

been set. Iu other worda, the salary of the aonstable cannot be increased or Uecramed after it haa been fixed by 

the Commisslonere~ Court for that year, but may be lncreaaed 

or deareased for the following year @thin the limitation@ 

set forth In Seotlon 17, 8uprar * 

It is stated in 09inioa No. C-1595, supra; 

0 it is the opinion of this Department 

that t~e'o&alssloner~t court hae no authority 

to fix or change the salaries or the county 

cOmmlsaloners, . . ." 

Articles 2360 - 2350-1, inolueive, Vernon'8 Annotated civil Statutes, grovlde for the salaries of the County 

Comiseloners In the rarioua oounties. Article 2350(2) provides: 

"The Coamlsaicnera' Court at it6 first 

regular meetlnS each year shall, by order duly 

made and entered upon the @lnutes of same 

oourt, rix the salarler of the oounty oommls- 

,slonera for such year within the limits as 

provided for In this sot.* 

Therefore, the Commissionsret Court haa the authority to rir the ealarlea~of the County Comihsioners at Its 

rlrst regular meeting each~ year, for suoh year, within the' 

limits a8 provided for in the sot. Our opinion No. O-1595, 

supra,, is modiSle aaoordiagly to this extent. 

iVe are enoloelng a 009~ of said opinion for pour 

lnfonnatlon. 

Trustlog that the foregoing fully answers your inquiry, we are 

$.kre .very 'truly 

~.