THE ATTOIZNEY GENE-L 

OF TEXAS 

AUETXN. TEXAN 

PRmzE DANIEL 

A-“- - 

December 21, 1948 

Hon. Sam B. Hall 

County Attorney 

Harrison County 

Marshall, Texas 

Opinion No. V-750 

Re: The maximum salary of a 

constable in Harrlson 

County and related questions relative to the 

recent Constitutional 

:emendment changing certain fee officers to salary officers. 

Dear Sir: 

You have requested an opinion regarding several questions on the effect of H. 5. R. 36 of the 50th 

Legislature, amending Article XVI, SectSon 61 of our 

State Constitution. 

.: 

Your first question reads: 

"1. What annual salary is to be paid 

a constable of this county?" 

Harrison County has a population of 50,900 

acoordlng to the last preceding Federal Census, and 

Its preciact.offlcersat.~the.present time are compensated on a "fee.basls.* Therefore, we assume that by 

your first queatfon you desire to know the.maxlmum us 

salary of e'oonstable in Harrison County beginning 

January 1, 1949. We do not know at this time whether 

the Commissioners' Court will determine to place the 

other precinct officers on a salary or fee .basls in 

1949. It was held in Attorney General's Opinion No. 

V-749 that where the Commlsslonersl-Court determines 

to compensate ~the~preclnctofficera other than the 

constable on a."fee basis ," it must pay the constable 

a reasonable salary, at such sum as the Commissioners' 

Court determines In the exercise of sound dlsaretlon. 

This opinion was based on the fact that at the present 

time there is no statutory provision fixing the salary 

of a constable in a county where the Commissioners' 

Court has placed the other precinct offfcers on a *fee 

basis." We herewith enclose a copy of said opinion. .* 
Hon. Sam B. Hall, Page 2 (V-750) 

Should the Commissioners' Court of Harrison 

County determine to plaoe all of its precinct officers 

on a "salary basis," the salary of the constable would 

be governed by the provisions of Article 3912e, Section 17 (b) which provides where the Commissioners* 

Court has-determined to place all the precinct officers 

on a "salary basis '* said officers shall receive not less 

than the total sum earned as compensation by them in 

their official capacities for the year 1935, and not 

more than the maximum amount allowed such officers under 

laws existing August 24, 1935. The maximum amount of 

compensation al.lowed under laws existing August 24, 1935, 

to precinct officers in counties containing a population 

of not less than 37,500 and not more than SO;000 inhabitants, was $2,200.00. Articles 3883 and 3891 as amended 

by Acts, 1933, Chapter 220, Page 734. 

Therefore in answer to your first question, 

It is our opinion that if the Commissioners' Court of 

Harrison County places all precinct officers on a "salary basis" beginning January 1, 1949, the maximum salary that may be paid a constable will be $2,200.00. If, 

however, the Commissionersr Court places the precinct 

officers other than the constable on a "fee basis," the 

salary of the constable will be that sum determined by 

the Commissioners' Court in the exercise of soun? discretion. 

Your second question reads: 

"2. What annual salary Is to be paid 

a deputy constable here?" 

.The salary of a deputy oonstable is governed 

by the provisions of Article 3912e, Section 17, V.C.S., 

which sets the salary at a sum not to exceed $1,500.00 

per year. 

Your third question is: 

"3. Are Justices of the Peace to be 

considered 'precinct law enforcement officers * within the meani 

3 

of Constitutional 

amendment in H. J. R. 36 of the 50th Legislature?” 

In our recent opinion NO. V-748 It was held 

that Justices of the Peace were not "precinct law enforcement officers" within the meanim of the Constltutional Amendment (H. J. R. 36 of the 50th Legislature). 
Hon. Sam B. Hall, Page 3. (V-750) 

Your fourth question reads: 

How are the expense's of a 

to be"kndled by the county; i.e., 

constable 

actual expenses paid by the county, or at so much per 

mile traveled each month, or either, or neither?" 

Your fourth question is answered by Attorney 

General's Opinion No. V-71 in which the Attorney General 

ruled: 

"The Commissioners' Court.of a county, 

the constablesof which are compensated on 

a salary basis,.~has no authority to pay such 

constables mileage for the use of th.eir eutomobiles inthe discharge of their official 

duties." 

Your fifth, question is! 

"5. Must counties pay the premiums on 

bonds of the officers of constable, deputy 

constable, and justices. of the peac.e?" 

Article 3899 (b), V. C. S., reads in part as 

follows: 

"Each officer named in this Act, where 

he receives a salary as.cgmpensation for his 

services,,shall be'entitled and .permitted~ to 

purchase or charge to his county all reasonable expenses necessary in the proper and 

legal conduct of his~office, premiums on officlalsl bonds, premiums on fire, burglary, 

theft, robbery;insurance protecting public .' 

funds;, and.Pncluding~,the cost of surety.bonds 

for his depu$les, : ; . 

.~ 

n . . . All such approved claims and accounts shall be,paid fromthe Officers Salary Fund unless otherwise provided herein'." 

It is our opinion.that th.e above provisions 

authorize the payment ~of premiums *on official bonds of 

constables, deputy constables, and justices of the peace, 

the payment being,made out-of the Officers Salary Fund 

of the County. 
Hon. Sam B. Hall, Page 4 (V-750) 

Your sixth quastlon reads: 

"6. Must the county furnish offices 

for such officers?" 

It was held in Attorney General's Opinion 

No. O-2385 that the rental of office space for Justices 

of the Peace on a "fee basis" could not be paid out of 

fees of office. It was further held in Attorney General's Opinion No. O-1976,that the county~could not furnish office space for the Justice of the,Peace in a 

county containing less than 75,000 inhabitants. It is 

therefore. our opinion that office space for.the Justice 

of the Peace and constable~in Harrison County may not 

be furnished by the county. The opinions are based on . 

Articles 2379 and 3899b. Article wprovides that in 

counties of over 75,000 population the .county uhnll Purnish a suitable place in the courthouse. for the Justice 

of Peace. Article 3899b names the officers who shall 

be furnished offices, stationer and supplies (County 

Judge, Clerk, Tax Assessor and %llector,~County Superintendant, Surveyor, and District Judge.~) The Justice 

of Peace is not included. The fact that the Justice of 

Peace is not furn,ished a court room would-appear to be 

a proper subject for'legislation. 

Your seventh question reads as follows: 

,"7. Must the county furnish the constable with radio equipment, telephone, and. other 

office supplies as is provided for in the case 

of the Sheriff?* 

Your seventh question is answered in, part by 

Attorney General's Opinion No. O-6649 where it wasp held 

that the Commissioners* Court was not authorized to furnish radio equipment for a constable. However, the constable is authorized by Art. 3899(b), V-C-S., to charge 

to the county all reasonable expanses necessary in the 

proper and legal conduct of his office, which expenses 

would normally include a telephone and certain office 

supplies. 

Your eighth question reads as follows: 

"8. May the Commissioners COUrt now 

change the number and limits of Justice Precincts in this county to become effective on 

January 1, 1949, even though, the offices of 

some of those elected recently would thereby 

be abolished?* 
Hon. Sam B. Hall, Page 5 (V-750) 

Article V, Section 18 of our State Copstitution provides: 

.' 

"Each organized county in the.State now 

or hereafter existing, shall be divided from 

time to time, for the convenience of the people, into precincts, not less than four and 

not more than eight. The present county 

courts~shall make the first division. Subsequent divisions shall be made by the comlssioners' court provided for by this Constitution. In each such precinct there shall be 

elected at each biennial election, one justice of the peace and one~constable,~each~of 

whom shall hold his office for two years and 

until,his successor shall be elected and qualified; provided that in any precinct in which 

there may be a city of 8000 or more inhabitants, there shall be elected two justices of 

the peace. Each county shall in like manner 

be divided, into four commissioners' precincts 

'in each of which there shall be elected by 

the qualified voters.thereof one county com- 

,missioner, who shall hold his office for two 

years and until his successor,shall.ibe elected and qualified. The county commissioners 

so chosen, with the county judge, as presiding officers, shall compose the county commissioners court, which.shall exercise such 

powers and jurisdiction over all county buslness, as is' conferred by this Constitution 

and the laws of this State, or as may be hereafter prescribed.". 

It was held -in.Attorney General's Opinion No. 

O-3114 that the Commissionars!'Court had the power to 

. merge and redefine bounda~riesof justice precincts at 

any time, subject to the limitation that not less than 

four nor more than eight such precincts are created. 

SUMMARY 

If the Comlssloners' Court of Harrison . 

County, with a population of 50,900 inhabitants, places all precinct officers on a "Salary basis" beginning Jatiuary 1, 1949, the 

maximum salary that may be paid a constable 

will be $2,200.00. If the Commissioners* 

Court places the precinct officers other 

than the constables on a "fee basis," the 

salaries of the constables will be whatever 
Hon. Sam B. Hall, Page 6 (V-750) 

sum the Commissioners' Court sets In the 

exercise of sound discretion. Article XVI, 

Section 61, Constitution of Texas; Artlcla 

3912e, Section~l'l'(b)., V. C. S. 

Salaries of deputy, constables in Harrison County cannotexceed the sum of $1,500.00 

per year. Article 3912e, Section'l7. 

Justices of the Peace are not "precinct 

law enforcement off'ioersw wlthln the meaning 

of 8; J. R. 36 of the 50,th Legislature, amending Article XVI, Section 61; of the Texas Con' 

stltution. Opinion Wo. V-748. 

Yours very truly, 

AlTOREEY GERERAL OF TEXAS BY 

Assistant 

JR:bh:jrb 

John Reeves 

Assistant