Honorable Ed Paynttr 

District Attorney 

Opinion No. H- 39 

Taylor County Courthouse 

Abilene, Teacar 79602 

Dear Mr. Paynttr: 

Rt: Whether the CommiraiontrB 

Court of Taylor County ie 

‘autiriced to trrablirh the 

aalarita of conrtablts at one 

dollar per year. . . 

You have rtqucattd an opinion of this office on the following question: 

“Did the Commimrionerr Court of Taylor 

County have authority under ‘Article 3912i, 0 $ 9 

and 9 (2) to l et the nalarier of conotabltr In 

. 

- 

Taylor County at One Dollar ($1) per year? ” 

__ , 

. . 

You present the following factual background for this quemrion: 

‘IAt a General Election held in November, 

1968, the Honorable John Thomar wao elected 

Conetable for Taylor County, Ttxaa for a term 

beginning January 1, 1969, and ending December 

31, 1972. Mr. Thomar aarumed ruch office and 

rervtd the entbo term, but did nor choore to run 

for re-election. The ralary budget during tbia 

term warn $6,000 par year, 

“On December 21. 1971, the Commiroioneri 

Court of Taylor County met in rtreion with all .. ” ’ ’ : 

members prtrtnt and parted a motion that beginning 

January 1, 1973. the aalaty budget of each of the 

Conrtablaa’ officea for Taylor County be l tt at 

One Dollar ( $1) per year. 

“At 8 General Election held in November, 

1972, the Honorable Jake Let wae elected Constable ” 

p. 160 
!’ . 

Honorable Ed Paynttr, page 2 (H-39) 

for Taylor County, Texas, for a term beginning 

January 1. 1973, ind ending December 31, 1976. 

Mr. Lee has assumed such office and in presently 

serving in ruch capacity, His salary is One Dollar 

($1) per year.” 

Article 3912i, Vernon’s Texas Civti Statutes, provides in part: 

“Sec. 9. The Commisaiontrs Court rhall 

not be required to fii the salaries in all precinctr’ 

at equal amounts, but rhall have discretion to . 

determine the amount of salarica to, be paid each 

Justice of the Peace and each Constable in the 

several prtcincte on an individual basis without 

regard to the ralarieo paid in other precinct8 

or to other official8. . : . ‘I 

_’ . 

Article 3912k, Vernon’s Texas Civil Statutes. provides in part:. 

“Section 1. Exctpr a# otherwire provided by 

this Act and subject to the limirationr of this Act, 

the commissioners court of each county shall fix 

the amount of compensation. office txpenat, trdvtl 

txptnrt, and all other allowances for county %nd 

prtcincr official8 and employter who art paid 

wholly from county funds, but in no event shall 

such salarier be set lower than they exist at the 

efftctivt &tt of thit Act. (EmphaBil added) 

“Section 8. To the extent that any local, 

special, or general lap, including Acta of the , 

62nd Legislature, Regular Saraion, 1971, prt- . 

scribes the compensation, office expense, travel 

exptnrt. or any other allowance for any official 

or employee covered by this Act, that law is 

repealed. 

. “Section 9. This Act is affective for nilaries, 

expentts, and allow+ncer’patd beginning January 1, 

1972. ” : 

., ,. 

_, 

p. 161 
.’ * 

. .: 

Honorable Ed Pay&w, ‘Page 3 (H-39) ’ 

The mtnimum salary payable ir governed by Article 3912k, Vernon’s 

Ttxae Civil Starurts. Under the facta you have given ua, the ralary for a 

Constable of Taylor County, a6 it sxirttd on January 1, 1972, was $6,000 

per year, and, to anrwer your question, the commirsionere court may, 

mt ret the salaries of coarta?tr at $1 per year. 

SUMMARY 

The minimum ralary for the Conrtable of Taylor 

County ia set at the ralary txirting on January 1. 1972, 

by Article 3912k, and the commisrionerr court may : . 

not Lower it below that figure. 

Your8 very truly, 

Opiziion Committee 

p. 162