E TT~WNETXT GENE 

OF XAS 

AusTliu 11. TEXAS 

September 20, 1961 

Mr. Dan Sullivan 

1144 

Oninion No. WW-+$&+ 

District Attorney 

109th Judicial District 

Andrews, Texas 

Re: 

Dear Mr. Sullivan: 

Whether Andrews County can 

legally supplement the salary of the District Attorney 

for the 109th Judicial District and related questions. 

You have requested this 

_ ^ . . . _ 

office for an opinion on the 

questions OS wnetner or not Anctrews County, Winkler County, and 

Crane County can legally supplement the salary of the District 

Attorney for the 109th Judicial District, and, if so, to what 

extent can such counties legally supplement the salary of the 

District Attorney. In this same connection you raised the 

question of what effect, if any, results from the enactment 

of House Bill 758, Acts of the 57th Legislature, Regular Session, 1961, Chapter 502, page 1111. 

Article 326k-24, Vernon's Civil Statutes, provides 

that: 

"Section 1. The District Attorney of the 

109th Judicial District shall be compensated for 

his services by an annual salary in an amount 

not to exceed the salary paid to the highest 

paid County Attorney of any county in the said 

109th J udicial District. [Emphasis added) 

"Section 2. The Commissioners Courts of 

the counties comprising the 109th Judicial District are hereby authorized to pay the supplement to the salary paid the Distribt Attorney 

by the State in such amount that the total 

salary paid such District Attorney shall not 

exceed the maximum prescribed in Section 1 

of this Act. (Emphasis added) 

"Section 3. The supplemental salary to 

be paid the District Attorney of the 109th 

Judicial District bv the Commissioners Courts 

of the counties comprising said District shall 

be paid on'a pro rata basis according to the 

population of each county listed in th 1 t 

preceding Federal Census." (Emphasis zdd:i) 
Honorable Dan Sullivan, page 2 (WW-1444) 

The provisions of Article 326k-24 clearly indicate 

that Andrews County, Winkler County, and Crane County, comprising the 109th Judicial District, and acting through their 

respective Commissioners Courts, are authorized to supplement 

the salary of the District Attorney of the 109th Judicial 

District. 

However, this authorization to supplement the salary 

of the District Attorney of the 109th Judicial District Is in 

turn limited by the provisions of Article 326k-24. As a result 

of such limitations, the Commissioners Courts of Andrews County, 

Winkler County, and Crane County are only authorized to supplement the salary of the District Attorney of the 109th Judicial 

District, over and above the amount paid such District Attorney 

by the State, in an amount whereby the total salary paid such 

District Attorney shall not exceed the salary paid to the highest paid County Attorney of any county comprising the 109th 

Judicial District. 

In addition, any such supplemental salary paid to the 

District Attorney of the 109th Judicial District by the Commlssioners Courts of the counties comprising such Judicial District 

shall be paid by such counties on a pro rata basis according to 

the population of each county listed in the last preceding Federal Census. 

House Bill 758, Acts 57th Legislature, Regular Session, 

1961, Chapter 502, page 1111 provides in Section 1 that: 

"In each county of the State of Texas having 

a population of not less than thirteen thousand, 

three hundred and eighty (13,380) and not more 

than thirteen thousand, seven hundred (13,700) 

according to the last preceding Federal Census, 

the county and district officials are to be compensated as determined by the Commissioners 

Courts in an amount not to exceed Ten Thousand 

Dollars ($lO,OOO), provided no salary shall be 

set at a figure lower than that actually paid 

on the effective date of this Act." 

As both Andrews County (Pop. 13,450) and Winkler County (Pop. 

13,652) would fall within the population bracket set forth in 

House Bill 758, the provisions of House Bill 758 would be applicable to Andrews County and Winkler County. Consequently, 

neither Andrews County nor Winkler County can compensate their 

county or district officials in an amount exceeding Ten Thousand Dollars ($lO,OOO), unless at the effective date of House 

Bill 758 such county or district officials were being compensated at a rate in excess of such amount, In which event, such 
Honorable Dan Sullivan, page 3 (WW-1444) 

salary shall not be set at a figure lower than that actually 

paid on the effective date of House Bill 758. 

The effect of House Bill 758 upon Article 326k-24 is 

to set the maximum compensation which could be paid to the County 

Attorney of Andrews County and Winkler County, and this in turn 

would bear upon the maximum supplement which could be paid to 

the District Attorney of the 109th Judicial District by the counties comprising such Judicial District. 

SUMMARY 

Andrews County, Winkler County, and Crane 

County may le,gally supplement the salary of the 

District Attorney of the 109th Judicial District, 

but such supplement is limited to the extent that 

such District Attorney's total salary cannot exceed the salary paid to the highest paid County 

Attorney of any county comprising the 109th Judicial District. Since House Bill 758 sets the 

maximum compensation which can be paid county 

and district officials in Andrews County and 

Winkler County, such limitation would affect 

the maximum supplement which could be paid the 

District Attorney of the 109th Judicial District 

by the counties comprising such Judicial District. 

Yours very truly, 

WILL WILSON 

Attorney General 

PB:lgh/ds 

Pat Bailey 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Riley Eugene Fletcher 

J. C. Davis 

3. T. Walker 

T. B. Wright 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.