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Hon. Fred L. Blundell Opinion No. O-4592 District

Attorney Re: Under the facts submitted can the commisLockhart,

Texas sionerscourt place a constable of one precinct on a salarybasis without treating all other constables

of otherprecincts

in the county on Dear Sir: a similar basis,and anotherquestion?
Your letter of Nay 12, 1942, requesting the opinionof this department,

reads as follows:

"Because

of the urgencyof nroviding a way of assisting in law enforcement

at Luling,the

Commissioners'

Court of this county would appreciate

as speedya reply as possibleto the questions

involvedin the attachedstatement of the subject matter. "We will appreciate any information

on the matter that you can give so that the -court can act in the matter, if there is anything

they can do."
::e quote the statement accompar@ng your inquiry, which is as follows:
“IN Ia: Constable's Salary or Pay of Prec. Two, Caldwell Co. Texas.
"A history of the point inquired about arises out of the fact that the presentConstable of said precinct

is a valuable law enforcement

officer

residing

within said precinct at Luling, Texas, in which city one deputy sheriffresides. He enforces the law well and the people of the precinct and city want to keep him, but the fees of his officeare insufficient for his maintenance

and a fair possibility ezdstsof his resigningunless something

can be done.
"Art. 3912e (Sec. 17) provides that constable:remain on the fee basis unless the commissioners court determines

otherwise; all constables

of this county are now on a fee basis; none of the Justices of the Peace or Constables fees in this county go into the Officers'

Salary Fund as providedin said article; the people of Lulingwant for their said constable some augmentation of his fees by act of the Commissioners' Court of the county if this is possible.,-

Hon. Fred L. Blundell, page 2 (O-&92)

"Question

One: Under the above facts can the Commissioners' Courtplace said constable of said Precinct

Two on a salary basis without at the same time treating all other constables of the otherprecincts within the county on a similar basis? "Question

Two: If the above questionis answeredin the affirmative,

could said Commissioners' Court pay in part or in whole said constable's salary out of the General Funds of the County,or out of any particular fund, such as the Road & Bridge Fund of said precinct, or the area of the countywithin said precinct? In clarification of this last question, I will explainthat the area of Justice Precinct No. Two has the same limits as said Road & BridgeFund No. 2 and of Commissioners' Precinct

No. Two of said county. The people of said area and.city

submit the question that as itis their taxes that make up the funds of said Fund No, 2 and as they need this protectionfrom said constable that they would not object to at least part of said constable's salarybeing paid out of said fund if possible.
'As said constable

is contemplating

taking other employment, more compensative, unless something

is or can be done, it is urged that a reply to the above be given as soon as possible, as they thirk law enforcement in their vicinity

will sufferunless a way can be found to relievethe present situation." This department

has heretofore

ruled on severalquestions similar to the questions

presentedin your inquiry. In our opinion No. O-516 (conferenceopinion

No. 30&), this department held: "The consnissioners

court is without authority to place one precinctofficer upon a salarybasis and leave other officers upon a fee basis. The system must be uniformand the commissioners

courtmust place all of the precinctofficers upon a salarybasis or leave all upon a fee basis-under the salary law. "Wherethe commissioners court places the precinctofficers of the countyupon a salarybasis as outlin ad in the officerssalary law, the commissioners court has no authority to set a precinctofficers salaryat less than the total sum earnedas compensation by him in his official capacity

for the fiscalyear 1935, and that the commissioners court has no authorityto set a precinctofficers salaryat more than the maximumamount allowedsuch officer under laws existing August 2h, 1935." In opinion

No. O-2421 this department held that:. ’

Hon. Fred L. Blundell, page 3 (04592)

"It is the opinionof this department that it is not possibleto compensate a justiceof the peace on a salary basis of counties

having a population of lessthan20,000 Ttiabitants

according

to the last precedin g federalcensus unless all the precinct officersof said county are compensated on a salarybasis, and the commissioners court of said countyhas passed an order providing for the compensation of all precinctofficers of the county on a salarybasis at the first regular

meeting in January of the calendar year in question." Our opinion

No. O-915 concerns a similarquestion. We enclose copies of all of the abovementioned opinions

for your convenience.
In view of the opinions mentioned

above and the authorities cited therein,

your first question above shouldbe answered in the negative and is so answered.

As we have answered your first questionin the negative, we do not think that your secondquestion requires

any answer. Therefore, we do not deem it necessary to discussor pass upon said question. Trusting

that the foregoing fully answers your inquiry,

we are Yours very truly ATTORNEYGENERALOF TEXAS By /s/ ArdellWilliams ArdellWilliams,

Assistant
APPROVED

MAY 19, 19112 /s/ Gerald C. Mann ATTGRNEY

GENDAL OF TEXAS APPROVFLU:

OPINION

COMMITTEE BY: BWB, CHAWN AkkAhM:wb