## THEATTORNEY GENE 0F TEXAS

**AUSTIN** 11. TEXAS PIPlCE DANlEL

January 22,

Hon. 

## F.T. Graham County Attorney Cameron county Brownsville,

Texas

Dear Sir: 1951

opinionRo. v-1145.

Re: Compensationof county officers in Cameron county.

According to your opinionrequest, the Cosaulssioners'Court of Cameron County on September 28, 1949, adopted the following order:

*It is orderedby the Conmdsioners~ Court of Cameron County that the salary of all elected county officials,includingthe County Auditor,beraised 15 percent, effective October 1, 1949."

Cameron County had a populationaccording to the 1940 Federal census of 83,202, and the po ulation & according to the 1930 Federal censuswas 77,5 0. Cameron County now has a populationsof 124,834 according to the 1950 Federal census. The tax valuation in Cameron County according to the last approved tax rolls of 1950 is $52,- 635,730+00- In view of the change in the census,you have asked the followingquestionsrelative to the above quoted order of the commissioners1 court:

"1. Does the increase in population and the resulting increase of the basic salaries of county officersautomatically result in rendering ineffectivethe order of the CommIssionera' Court raising salaries fifteen percent?

"2. Will an order setting the salaries of other county officersat $5500.00result, in effect, in repealing the order of the Corn-- missioners'Court raising their own salaries fifteen percent?

"3. Can the Commissioners1 Court set the salaries of the officersmentioned in Article 3912e-6at $5500.00 (being the salaries providedby law for such officersinHon. F. T. ffraham, page 2 (V-1145)

countieshaving a populationbetween lOO,- 000 and 190,000 - Cameron County having 124,854 according to the 1950 census)and themselvescontinue to keep or take the fifteen percent increase on their salaries
as per the order of said Court of date September 28th, 1949, under Article 3912g, Sec. 1, and not allow the said officersa similar fifteen Rercent based on the salary of $5500.001

In AttorneyGeneral's OpinionV-1140 (1951),it
was held that GalvestonCounty, having a populationof 112,226 inhabitantsaccording to the 1950 Federal census, "now comes wit.hin

thw provisions of Articles 3912w-6 and 3912e-7.

. Therefore,the maximum base pay of the sheriff,a&gssor and collectorof taxes, county judge, county attorney,district clerk, and county clerk of Oalvwston County is $5500.00." It was also held in that opinion that Article 3912g, V.C.S.,provides for an increase in compensationin an additioualamount not to exceed twenty-five per cent of the sum allowed under the law for the fiscal year of 1948. It was then concluded that the maximum annual compensationthat may now be allowed the sheriff,assessor-collector of taxes, county county attorney district clerk, and county clerk d?%~ivwston County is’$6687.50. We believe that Opinion V-1140 is equally applicable to Cameron County. Therwfore, if the Commissloners~ Court of Cameron County pays its county officersthe sum of $5500.00per annum, It will not be granting those officersan Increase under the provisions of Article 59128, but under the provisions of Articles 3912w-6 and 3912w-7.

Article 39128 provides that the *members of the Cozmulqsloners Court may not raise the salaries of any of such Commissioners Court under the terms of this Act without raising the salaq of the remaining county officialsin like proportion. If the county officials of Cameron County are not granted any Increase in 1951 under the provisionsof Article 3912g, the members of the commissioners1 court are not authorizedto receive the increase allowed under its provISions. Therefore, you are advised that if the county officialsof Cameron County are paid an annual salary of $5500.00, the tompwnsation of the commissioners* court will be governed by the provisionsof Article 2350, V.C.S., and can only be $3600.00.Hon. F. T. Graham, page 3 (V-1145)

SUMMARY

The maximum base pay of the sheriff, assessor-collector of taxes, county judge, county attorney,district clerk, and county clerk of Cameron County is $5500.00U-I* der the provisionsof Articles 3912e-6and 39120-7,v*c*s., and the maximum base aompensatlon of county commissioners under the provisionsof Article 2350, V.C.S., Is $3600.00. If the conrmisslonwrsl court does not grant any increaseunder the provisions of Article 3912g,V.C.S., to the remaining county officials,the members of the commissioners

I court cannot fix compensation for themselvesin wxowss of the compwnsation provided for in Article 2350.

APPROVED:

J. C. Davis, Jr. County Affairs Mvislon

Jesse P. LWon, Jr. Assistant

CharlesD. Mathews First Assistant

JR:mw Yours very truly,

PRICE DANIEL AttorneyGeneral

~g&. ,.,:.

,~ John Reeves Asslstant