**May** 10,1972

Non. George N. Rodriguez, Jr. OpinionNO. M- 11.24’ CountyAttorney El Paso County .Re: Constitutiona.lity. **of** Art.icle Boom 201, City-County Building 3912k,V.C.S., as a proper El Paso, Texas 79901 delegation of'legislative authority to the grievance committee to 

### set ealariae Dear Mr. Rodriguez: **of couslty**  offiaers.

You have requeeted our opinion on the conetitutionality of Article 3912k,Vemon'e Civil Statutes,which creates in each county a salary grievance committee. Itm Sac. 2(d) reads a~ follows:
*Any elected county or precinotofficer who ie aggrievedby the getting of his salary, ixpenees, or other allowance by the.coranirmsionere courtmay request a hearing before the committee. The request shall be'inwriting, mhall state the
manner inwhich he is aggrieved, and shall be delivered to the chairman of the comittee. The chairman shall announoe the tiaw, and plaza of the hearing,which rhall be within 30 day8 after receipt of the request. If, after a hearing, the committeeby a vote of nix of ita voting me?2aere decidee to recoannend a change in the salary, expenses, or other allowance of the person requeeting the hearing, it shall prepare itr recommendation in writing and Beliver it to.the commhsioners court, which #hall coneider the recommendationat its next meeting. Awritten recommendationsigned by all nine membersand delivered to the commissioner8 court become effectivewithout the action of the coxniaaionera court on the first day of the month following it8 delivery to the commierionera court."
Article II, Section 1 of the Texan Constitutionprovides **for** the reparation of government into three departmente--legislative, executive and judicial--neitherof which rhall exeroiae any power

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properly attached to either of the others. Section 18 of Article V of the Texas Constitutionprovides for the creation of the Commissioners Court and furtherdeclares that the Court shall exercise such powers of jurisdictionover all countybusiness as is conferred by this Constitution and the laws of the State or asmay be thereafter prescribed. Section 44 of Article III of the Texas Constitution specifies that the Legislature shall provide by law for the compensationof all officers, servants, agents hnd public contractors not provided for in this Constitution.

The validity of that portion of the adult probation and parole law authorizing the district judges to fix the salariesof probation officers, clerical, and such administrative,supervisory, stenographic,

and other personnel asmay be necessary to conduct investigations, supervise and rehabilitateprobationers, and enforce the terms and conditions of probationwas considered in'CommissionersCourt of Lubbock County v. Martin, 471 S.W.Zd 100 (Tex.Civ.App.1971, error ref. n.r.e., pending on motion for rehearing). validity of the statute the court stated: In upholding the

"It is apparent thatwhen Sec. 44 of Art. 3 of our Constitution specified that 'TheLegialature shall provide by law for the compensation of all officers, servants, agents and public contractors,not provided for in this Constitution, * * *I the duty of providing for compensationby law--in this case, the compensationof probation personnel--restssolelyw'th the Legislature; but it ia also as apparent that there is no constitutionalmandate that the specific amount, or U-I: yn;imum or maximum limits,be enumerateii in

. That the fixingof the exact sum of compensation is a constitutionaldelegable right
was establishedby our Supreme Court as early as 1911 in the case of Terre11 v. Sparks, 104 Tex. 191, 135 S.W. 519, and reiteratedby both the **majority** and dissenting opinions in Dallas County
v. Lively, 106 Tex. 364, 167 S.W. 219 (19141,and has not been modified since then. that Sec. The principle

44 does not prevent the Legislature from empowering other authority to determine salarieswas followed in Burkhartv- Brazoe River Harbor Nav. Diet. 96 (Tex.Civ.App. of BrazoriaCounty,,42 S.W.Zd

--Galveston 1931,no writ) Andy in Wichita County v. Griffin, 284 S;W.Zd 253

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Non. **George**N. Rodriguez,Jr., page 3 (M-1124)

(Tex.Civ.App.

**--Fort** Worth 1955,writ ref. n.r.e.). Since theprobation needs and services in the various judicialdistricts of Texas, ranging frommulti-judicialdie**tricts** within a single county to one judicial district embracing as many as six counties,
are of such character that the compensation andprobationpersonnelmust vary in the different districts, the Legislaturewisely left the setting of the compensationand the number of personnel to the local authority. Dallas County v. Lively, aupra.*

It is our opinion that the above holding is equally applicable to the constitutionality**of** Article 3912k,Vernon'e Civil Statutes. You are accordingly advised that the provisionsof Article 3912k,Veron'e Civil Statutes, are constitutional.

SUMMARY

The provisions of Atticle 3912k,Vernon's Civil Statutea, oreating'a salary **grievance** committee in each aounty of the State are aonatitutional.

Ve 79 trulyyours,

ey tinera of Texas Prepared by John Reeves AssistantAttorney General

APPROVED: OPINION COMMITTEE

Kerns Taylor, Chairman W. E. Allen, CoyChairman Bill Campbell Fisher Tyler John Banks Robert Lemena

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Hon. George U. Rodriguez,Jr., page 4 (M-1124)

SAMUEL D. MCDANIEL Staff LegalAssistant

ALFRED WALKER Executive **Assistant**

NOLAWHITE FirstAaaiatant

I

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