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 establishmentand operation of the Court of Domestic Relations In and for Midland County, Texas, establishedby 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 requestingan oplnion from this office you ask four questionswhich re r ire a construction of House Bill 1158, Acts 59th Legislature, 19 5. follows: Your questionsare quoted as

"(1) Is the lawmandatory? The first sentence says 'There 1s hereby created a Court of DomesticRelations in and for Midland County, Texas.I Does thisgive any discretion to the Court as to the implementingof the Court. If sot when must it be done? Could the Courtwait 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 governormakes hls appointment?
“(2)

. . .in Section 6 of the Law, it says the Domestic Relations Court Judge 'shallbe paid
a salarywhich shallbe equal to the top salary paid' to the Judge~ofthe 142nd District Court. The State pays Judge Plckett $16,000.00as his
new base salary. He gets $1,200.00a year for serving as a member of the Juvenile Board. The Court of DomesticRelations ,Judgewould definitely be entitled to these emoluments of Income under Article 681ga-27 for his administrative services. The Commissionerswant to know If they have to pay the new Judge equally under this article. Is this included in 'totalsalary.' We seem to think it Is,

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but some of the attorneys think it Is not.

“(3) Under Section 11 of the law the new Judge can appoint such Investigatorsand 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 departmentheads, as you well know. Rut the Commissionersask if this actuallymeans what it says, that they have no such say in thisinstance.
"(4) The whole billmay be questionable since it does not require an oath and bond for the Judge."

We will answeryour questions In order of presentation. Section 1 of House Bili 1158 reads as follows:

"Section 1. There Is hereby created a Court of DomesticRelations 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 imperativeneed for the creation of a,Court of Domestic Relations for Midland County, Texas, creates an emergency,and,animperativepublic necessity that the ConstitutionalRule 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'billsto be read on three several days in each House. Also, there is language In the Emergency Clausewhich is indicativeof an intent that the bill shouldbecome immediately effectiveafter its passage. However, the official endorsement
on the bill Itself does not reflect that It was finallypassed by both Houses of the Legislatureby the requlslte two-thirds majority which is required for a bill to become immediately

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effectiveafter Its approvalby the Governor. Therefore, House Bill 

### 1158does not become effectiveuntil ninety days after the adjournment of the 59th Legislature. Section 39, Article III of the Texas Constitution. The effectivedate of House Bill 

### 1158will be August 

### 30, 1965. Also, It is our opinion that the provisions of House Bill 

### 1158providing for the payment of salaries and compensation to personnel of the Court are mandatory and the CommissionersCourt of Midland County has no discretion in implementing theprovisions of the Act. Consequently, it is
our opinion that as soon as the Governor appoints a Judge of the Court of DomesticRelations for Midland County and such Judge qualifiesand 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 

### 1158reads in part as follows:
II

. . .TheJudge of the Court of Domestic Relations In and for Midland County, Texas, shall be paid a salarywhich shallbe equal to the total salarypaid to the District Judge of the 142nd Judicial District Court of Midland County,which shallbe paid by the CommissionersCourt 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 ,isentitled to receive as salary the amount payable to the Judge of the 142nd Judicial District Court under the provisions of the AppropriationsBill 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 theprovisions of Article 51396, Vernon's Civil Statutes,as a member of the Midland County Juvenile Board.



### (3) Section 11 of House Bill 

### 1158provides as follows:

"Sec. 11. The Judge of the Court of Domestic Relations In and for Midland County, Texas, shall

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have authority to appoint such officers and investigators thatmight be necessary to theproper administration of its jurisdiction in Midland County. When he deems it necessary to theproper administrationof the Court,he may appoint a court reporter. Provided, however, that all such appointmentsmust be approved by the Juvenile Board of Midland County, by a majority vote of itsmembers, and the salaries and compensation of the officers, Investigators,and court reporter shall in likemanner be determinedby themembers and paid by the CommissionersCourt out of the General F'undof Midland County."
Section 11, House Bill 

### 1158,delegatespowers relating to countybusinesswhich has heretoforebeen vested in the Commissioners Court. Article 3902,Vernon's Civil Statutes, reads In part as follows:

"Wheneverany 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, statingby sworn application the number needed, the posltlon to be filled and the amount to be paid. Said application shallbe accompaniedby a statement showing the probable receipts from fees, commissions and compensation to be collectedby said office during the fiscalyear and the probable disbursements which shall include all salaries and expenses of said office; and said court shallmake Its order authorizing the appointment of such deputies, assistants and clerks and fix the compensation to be paid themwithin the limitationshereinprescribed and determine the number to be appointed
as in the discretion of said courtmay 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 shallbe authorized to appoint them;

. . .'
However, Section 

### 18 of ArticleV of the Constitution of Texas, which provides that CommissionersCourts shall exercise such power and jurisdictionover county business as is conferredby the Constitutionand laws of the State does not prevent the

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### 5 (CYgl)

Legislature from committingany county business to some other authority, nor does any othervrovision of the Constitution prohibit-theexercise of such iegislativepower. Clark v. Finley, 93 Tex. 

### 181,54 S.W. 

### 343 (1899);Garrettv. CommissionersCourt of LimestoneCount& 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'sOpinion 

### ww-665(1959).

In view of the authorities cited above, it is our opinion that the Legislaturemay properly delegate to the Judge of the Domestic Relations Court for Midland County and the Juvenile Board of Midland County, thepowers conferred in Section 11 of House Bill 

### 1158,without violating any provision of the Constitution.

(4) The qualificationsrequired for a Judge of the Court of DomesticRelationsvary from county to county as establishedby the provisions of Articles 

### 2338-3,et seq.,Vernon's Civil Statutes. The qualificationsrequired of the Judge of the Court of Domestic Relations for Midland County are stated in Section 2 of House Bill 

### 1158as follows:

"Sec. 2. The Judge of the Court of Domestic Relations in and for Midland County, Texas, hereby established, shall have such qualificationsas are fixedby the Constitution and Laws of this State for Judges of District Courts.'

In order to qualify for the office of DistrictJudge, the candidatemust qualifyunder Section 7, Article V of the Texas Constitutionand 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 Constitutionand 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 executingbond, it Is our opinion that it Is not required of the Judge of the Court of DomesticRelations for Midland County to enter upon his duties of office.

SUMMARY
(1) House Bill 

### 1158,Acts 59th Legislature, 1965,becomes effectiveAugust 

### 30, 1965. The provisions of the Act aremandatory 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 thatphrase 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 appropriationact and Articles 681ga-27 and 51394,Vernon*s Civil Statutes.


### (3) In Section 11 of House Bill 

### 1158,the Legislaturehas properly delegatedpowers relating to county buslnesswhich have'heretoforebeen vested in the CommissionersCourt.
(4) In order to qualify for the office of Judge of the Court of Domestic Relations for Midland County, a candidatemust qualify under Section 

### 7, ArticleV of the Texas Constitution and Article 

### 1884,Vernon's Civil Statutes.
Very trulyyours,

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 ATTORNEYGENERAL BY: T. B. Wright

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