EU GENE 

AS 

August 30, 1965 

Honorable Clint Starr Opinion No. C-491 

County Attorney 

Midland County Re: When Is the Commissioners 

Midland, Texas Court of Midland County required to provide funds for 

the establishment and operation of the Court of Domestic 

Relations In and for Midland 

County, Texas, established by 

Howe Bill 1158, Acts 59th 

Legislature, 1965, and what 

salary is to be paid the 

Dear Mr. Starr: judge of such Court? 

In your letter requesting an oplnion from this office 

you ask four questions which re 

r 

ire a construction of House Bill 

1158, Acts 59th Legislature, 19 5. 

follows: 

Your questions are quoted as 

"(1) Is the law mandatory? The first 

sentence says 'There 1s hereby created a Court 

of Domestic Relations in and for Midland County, 

Texas. I Does this give any discretion to the 

Court as to the implementing of the Court. If 

sot when must it be done? Could the Court wait 

to January lst, or after the election in 1966, 

or have they any say in it? Must they come up 

with money as soon as the governor makes hls 

appointment? 

“(2) . . .in Section 6 of the Law, it says 

the Domestic Relations Court Judge 'shall be paid 

a salary which shall be equal to the top salary 

paid' to the Judge ~of the 142nd District Court. 

The State pays Judge Plckett $16,000.00 as his 

new base salary. He gets $1,200.00 a year for 

serving as a member of the Juvenile Board. The 

Court of Domestic Relations ,Judge would definitely 

be entitled to these emoluments of Income under 

Article 681ga-27 for his administrative services. 

The Commissioners want to know If they have to pay 

the new Judge equally under this article. Is this 

included in 'total salary.' We seem to think it Is, 

-231‘9- 
Hon. Clint Starr, page 2 (C- 491) 

but some of the attorneys think it Is not. 

“(3) Under Section 11 of the law the new 

Judge can appoint such Investigators and officers 

he needs to get his job done, and If the Juvenile 

Board OKs the appointments, the Commissioners 

have to pay the salaries and compensation. In 

every other Instance, the Commissioners set the 

number of employees and the salaries for the 

elected officials and department heads, as you 

well know. Rut the Commissioners ask if this 

actually means what it says, that they have no 

such say in thisinstance. 

"(4) The whole bill may be questionable 

since it does not require an oath and bond for 

the Judge." 

We will answer your questions In order of presentation. Section 

1 of House Bili 1158 reads as follows: 

"Section 1. There Is hereby created a 

Court of Domestic Relations In and for Midland 

County, Texas." 

(1) Section 1, House Bill 1158, Acts 59th Legislature, 

1965, creates a Court of Domestic Relations In and for Midland 

County, Texas. Section 24, House Bill 1158, which is the Emergency 

Clause, reads as follows: 

"Sec. 24. The fact that there is a present 

imperative need for the creation of a, Court of 

Domestic Relations for Midland County, Texas, 

creates an emergency,and ,an imperative public 

necessity that the Constitutional Rule requiring 

all bills to be read on three several days in 

each House be suspended, and said Rule is hereby 

suspended; and that this Act shall take effect 

and be in force from and after its passage, and 

it is so enacted."' 

The Emergency Clause is effective to suspend the Constitutional 

Rule requiring'bills to be read on three several days in each 

House. Also, there is language In the Emergency Clause which is 

indicative of an intent that the bill should become immediately 

effective after its passage. However, the official endorsement 

on the bill Itself does not reflect that It was finally passed 

by both Houses of the Legislature by the requlslte two-thirds 

majority which is required for a bill to become immediately 

-2320- 
Hon. Clint Starr, page 3 (C-491) 

effective after Its approval by the Governor. Therefore, House 

Bill 1158 does not become effective until ninety days after the 

adjournment of the 59th Legislature. Section 39, Article III 

of the Texas Constitution. The effective date of House Bill 

1158 will be August 30, 1965. Also, It is our opinion that the 

provisions of House Bill 1158 providing for the payment of 

salaries and compensation to personnel of the Court are mandatory 

and the Commissioners Court of Midland County has no discretion 

in implementing the provisions of the Act. Consequently, it is 

our opinion that as soon as the Governor appoints a Judge of 

the Court of Domestic Relations for Midland County and such 

Judge qualifies and assumes the duties of office, the Commissioners Court will be required to provide the funds necessarily 

required by the terms of the Act to operate and maintain the 

Court. 

(2) Section 6 of House Bill 1158 reads in part as 

follows: 

II . . .The Judge of the Court of Domestic 

Relations In and for Midland County, Texas, shall 

be paid a salary which shall be equal to the total 

salary paid to the District Judge of the 142nd 

Judicial District Court of Midland County, which 

shall be paid by the Commissioners Court of Midland 

County out of the General Fund or the Officers' 

Salary Fund of the County. . . -" 

The phrase "total salary' as that phrase is used in paragraph 6 

of House Bill 1158, quoted above , means that a judge of the 

court of domestic relations Is entitled to receive the same 

salary as a district judge. Attorney General's Letter Opinion 

MS-51 (1953). Therefore, the Judge of the Court of Domestic 

Relations for Midland County ,is entitled to receive as salary 

the amount payable to the Judge of the 142nd Judicial District 

Court under the provisions of the Appropriations Bill for the 

next biennium, House Bill 12, 59th Texas Legislature, 1965, 

and that additional salary 

f; 

aid to the district judge under 

the provisions of Article 6 lqa-27, Vernon's Civil Statutes, 

as well as that compensation to which the district judge is 

entitled to receive under the provisions of Article 51396, 

Vernon's Civil Statutes, as a member of the Midland County 

Juvenile Board. 

(3) Section 11 of House Bill 1158 provides as follows: 

"Sec. 11. The Judge of the Court of Domestic 

Relations In and for Midland County, Texas, shall 

-2321- 
Hon. Clint Starr, page 4 (C-491) 

have authority to appoint such officers and investigators that might be necessary to the proper administration of its jurisdiction in Midland County. When 

he deems it necessary to the proper administration of 

the Court, he may appoint a court reporter. Provided, 

however, that all such appointments must be approved 

by the Juvenile Board of Midland County, by a majority 

vote of its members, and the salaries and compensation 

of the officers, Investigators, and court reporter 

shall in like manner be determined by the members 

and paid by the Commissioners Court out of the General 

F'und of Midland County." 

Section 11, House Bill 1158, delegates powers relating 

to county business which has heretofore been vested in the Commissioners Court. Article 3902, Vernon's Civil Statutes, reads 

In part as follows: 

"Whenever any district, county or precinct 

officer shall require the services of deputies, 

assistants or clerks in the performance of his 

duties he shall apply to the County Commissioners' 

Court of his county for authority to appoint such 

deputies, assistants or clerks, stating by sworn 

application the number needed, the posltlon to be 

filled and the amount to be paid. Said application 

shall be accompanied by a statement showing the 

probable receipts from fees, commissions and compensation to be collected by said office during 

the fiscal year and the probable disbursements 

which shall include all salaries and expenses of 

said office; and said court shall make Its order 

authorizing the appointment of such deputies, assistants and clerks and fix the compensation to 

be paid them within the limitations herein prescribed and determine the number to be appointed 

as in the discretion of said court may be proper; 

provided that In no case shall the Commissioners' 

Court or any member thereof attempt to influence 

the appointment of any person as deputy, assistant 

or clerk in any office. Upon the entry of such 

order the officers applying for such assistants, 

deputies or clerks shall be authorized to appoint 

them; . . .' 

However, Section 18 of Article V of the Constitution of Texas, 

which provides that Commissioners Courts shall exercise such 

power and jurisdiction over county business as is conferred by 

the Constitution and laws of the State does not prevent the 

-2322- 
Hon. Clint Starr, page 5 (CYgl) 

Legislature from committing any county business to some other 

authority, nor does any other vrovision of the Constitution 

prohibit-the exercise of such iegislative power. Clark v. Finley, 

93 Tex. 181, 54 S.W. 343 (1899); Garrett v. Commissioners Court 

of Limestone Count& 230 S.W. 1010 (Tex.Clv.App. 1921), reversed 

on other grounds 236 S.W. 970; Austin Bros. v. Patton, 288 S.W. 

182 (Comm.App. 1927); Attorney'General's Opinion ww-665 (1959). 

In view of the authorities cited above, it is our 

opinion that the Legislature may properly delegate to the Judge 

of the Domes tic Relations Court for Midland County and the 

Juvenile Board of Midland County, the powers conferred in Section 

11 of House Bill 1158, without violating any provision of the 

Constitution. 

(4) The qualifications required for a Judge of the 

Court of Domestic Relations vary from county to county as established by the provisions of Articles 2338-3, et seq., Vernon's Civil Statutes. The qualifications required of the Judge 

of the Court of Domestic Relations for Midland County are stated 

in Section 2 of House Bill 1158 as follows: 

"Sec. 2. The Judge of the Court of Domestic 

Relations in and for Midland County, Texas, hereby 

established, shall have such qualifications as are 

fixed by the Constitution and Laws of this State 

for Judges of District Courts.' 

In order to qualify for the office of District Judge, 

the candidate must qualify under Section 7, Article V of the 

Texas Constitution and Article 1884, Vernon's Civil Statutes. 

Ex parte Lefars, 171 Cr.Rep. 229, 347 S.W.2d 254 (1961). An 

oath and bond is not required of a District Judge to qualify 

for office. However, before entering on his duties as a Judge, 

he must take the oath of office that is required by Section 1, 

Article XVI of the Texas Constitution and Article 16, Vernon's 

Civil Statutes. Some of the statutes creating Courts of Domestic 

Relations, Article 2883-3, et seq., Vernon's Civil Statutes, require that the Judge execute a bond required by the law relating 

to County Judges. However, since House Bill 1158 is silent regarding the requirement of executing bond, it Is our opinion that 

it Is not required of the Judge of the Court of Domestic Relations 

for Midland County to enter upon his duties of office. 

SUMMARY 

(1) House Bill 1158, Acts 59th Legislature, 

1965, becomes effective August 30, 1965. The provisions of the Act are mandatory and the Commissioners 

-2323- 
Hon. Clint Starr, page 6 (C- 491) 

Court has no discretion In implementing the provisions of the Act. 

(2) The phrase "total salary" as that phrase 

is used in paragraph 6 of House Bill 1158, means 

that the Judge of the Court of Domestic Relations 

for Midland County la entitled to receive the same 

salary as the Judge of the 142nd Judicial District 

Court under the biennial appropriation act and 

Articles 681ga-27 and 51394, Vernon*s Civil Statutes. 

(3) In Section 11 of House Bill 1158, the 

Legislature has properly delegated powers relating 

to county buslness which have'heretofore been vested 

in the Commissioners Court. 

(4) In order to qualify for the office of 

Judge of the Court of Domestic Relations for 

Midland County, a candidate must qualify under 

Section 7, Article V of the Texas Constitution 

and Article 1884, Vernon's Civil Statutes. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

By: 

Ivan R. Williams, Jr. 

Assistant 

1RWjr:mkh:sj 

APPROVED: 

OPINION COMMITTEE 

W. 0. Shultz, Chairman 

James Broadhurst 

Tom Routt 

Phllllp Crawford 

John Reeves 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

-2324-