OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Aubr ey Robiron 

Dear Sirs 

We eoknowledg ur letter o? 

rsoent date, reedlng es 

t 

soholastios hare 

ark, end eooording 

Bred by your d8partOt' OOUAtJ superhtendhe period for which the 

Department cb Eduoatioa has reary from $2000,to jlSO0, aIlAU3lly 

perintendent has In his pos,ression 

ten by this sam auditor on Meroh 

ch time this same question exactly 

arose, end he ruled as follows: 

et This Department has held consistently 

for a number of yeerr that the salary of thr 

superintendent could not be rsduoed durFng the 

term for the reason that he is eleoted to the 

office upon thst basis, eAd therefore ee loag 

as the incu:nbent holds the otflce he is entitled 
Honorable Aubrey Robleon Paer 2 

Vhr Cpaestlon to be answered 1s: 

** Can the 83. ary of the County Superintendent of ldorrle County be reduoed from 

$2000 to $1800 annually, beoause of the drop 

Ln roholastlos or must it remain nt $2000?*" 

Replying to the above question you arc advised 

that opl~lon O-1833 olted by you dealt only with the 

qU06tiOA Of the OXlSteAO6 Of the Offi Of COUety Superintendent rrh6~ the 8oholastlo 06~8~6 fells below 3000, 

(end oartaln related questions) but did not de61 with 

the qusstion of the relary o? the Oounty Superintend6nt. 

The salary of the County Superlntsndsnt le 

fixed by Article 2700.' R.C.S. 1925 rhloh reads es 

follower 

"The 616OtlVE COllQty SUp6riAttXld6RtB shall 

reoslts from the Avalleblo Sohool Fund of their 

rsspectlve oountles annusl salaries bass6 on the 

roholastlo population of suoh oountlrs ee r0li0n0: 

nPopuletlon 

3000 or less 

3ooa to is000 

4001 to 5000 

". . . . 

"In making the annual budget for County 

Admlnlstretlon expenses the County Sohool 

t'l'USt6W sh311make 6llOWaAO6 Out Of the 

State Available Sohool Fund for salary and 

6Xp6AB88 Of the OffiCe Of tb? COUAty SUp6FIntendeAt end the name shell be detsrmlned 

by the resident scholestlo population of the 

oounty. It shell be the duty 0: the County 

Board of Trustees to file the budget for 

county edainistrstlon expense with the %Cste 

Depqrtment o- CEduoation on or beiora September 

first of eaoh soholastlo year, the budgst to 

be approved snd 06rtiff6d to by the Fresldent 

of the County Roard of Fducqtim and attested 
180 

Honornblr Aubrey Roblson Page 3 

to by the County Superlntsadent. The oaf&- 

psrrsatloo herein provided for 8hsll be paid 

mOAthly upon the order Of the County Sohool 

Tru8tses; provided that the 6alery for the 

month of Se 

i 

tember shall no6 be paid until 

the County UperinteAdent preasnts 6 reoaipt 

from the State Superintendent rhowing thst 

he has made all reports required oi him,* 

Thls~ de artment, in o lnlon Ho. O-&806, held 

that when the soho P astlo populat 4 OA is lnoreassd frca a 

lower to a higher breoket, the salary of the County Superintendant is oorrespoadlngly lnor66664, and we think thr 

rams au10 should be applied when the 6oholaatlo population 

18 deoraased. 

You are advised that the ralary of the County 

Superintendent of Morris County 16 $1800 80 long a8 the 

soholastlo population r eavlne below 3000, but if it should 

increese ln the next or sny suooeeding odnsu6 h%s salary 

will b6 oorrespondingly Increased, in eooordenos with the 

salary soh6dule oontsLn6d in hrtiole 2700... 

Yowp very truly-,. 

‘XC: iod