THEATTORNEY GENE 

0F TEXAS 

AUSTIN 11. TEXAS 

PIPlCE DANlEL 

January 22, 

Hon. F. T. Graham 

County Attorney 

Cameron county 

Brownsville, Texas 

Dear Sir: 

1951 

opinion Ro. v-1145. 

Re: Compensation of county 

officers in Cameron 

county. 

According to your opinion request, the Cosaulssioners' Court of Cameron County on September 28, 1949, 

adopted the following order: 

*It is ordered by the Conmdsioners~ 

Court of Cameron County that the salary of 

all elected county officials, including the 

County Auditor,be raised 15 percent, effective October 1, 1949." 

Cameron County had a population according to 

the 1940 Federal census of 83,202, and the po ulation 

according to the 1930 Federal census was 77,5 & 0. Cameron 

County now has a populations of 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 following questions relative 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 officers automatically 

result in rendering ineffective the order 

of the CommIssionera' Court raising salaries fifteen percent? 

"2. Will an order setting the salaries 

of other county officers at $5500.00 result, 

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 officers mentioned in 

Article 3912e-6 at $5500.00 (being the salaries provided by law for such officers in 
Hon. F. T. ffraham, page 2 (V-1145) 

counties having a population between lOO,- 

000 and 190,000 - Cameron County having 

124,854 according to the 1950 census) and 

themselves continue 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 officers a 

similar fifteen Rercent based on the salary of $5500.001 

In Attorney General's Opinion V-1140 (1951), it 

was held that Galveston County, having a population of 

112,226 inhabitants according 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 collector of 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 compensation in an additioual amount 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 compensation that 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 officers the sum of $5500.00 per annum, It 

will not be granting those officers an 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 

officials in like proportion. If the county officials 

of Cameron County are not granted any Increase in 1951 

under the provisions of Article 3912g, the members of 

the commissioners1 court are not authorized to receive 

the increase allowed under its provISions. Therefore, 

you are advised that if the county officials of Cameron 

County are paid an annual salary of $5500.00, the tompwnsation of the commissioners* court will be governed 

by the provisions of 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 $5500.00 U-I* 

der the provisions of Articles 3912e-6 and 

39120-7, v*c*s., and the maximum base aompensatlon of county commissioners under 

the provisions of Article 2350, V.C.S., Is 

$3600.00. If the conrmisslonwrsl court does 

not grant any increase under the provisions 

of Article 3912g, V.C.S., to the remaining 

county officials, the members of the commissioners I court cannot fix compensation 

for themselves in wxowss of the compwnsation provided for in Article 2350. 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Mvislon 

Jesse P. LWon, Jr. 

Assistant 

Charles D. Mathews 

First Assistant 

JR:mw 

Yours very truly, 

PRICE DANIEL 

Attorney General 

~g&. ,.,:. ,~ 

John Reeves 

Asslstant