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

District Attorney Re: Under the facts submitted can the commisLockhart, Texas sioners court place a constable of one precinct 

on a salary basis without treating all other 

constables of other precincts in the county on 

Dear Sir: a similar basis, and another question? 

Your letter of Nay 12, 1942, requesting the opinion of this department, reads as follows: 

"Because of the urgency of nroviding a way of assisting 

in law enforcement at Luling,the Commissioners' Court of this 

county would appreciate as speedy a reply as possible to the 

questions involved in the attached statement 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 present Constable of said precinct is a valuable 

law enforcement officer residing within said precinct at Luling, 

Texas, in which city one deputy sheriff resides. He enforces 

the law well and the people of the precinct and city want to 

keep him, but the fees of his office are insufficient for his 

maintenance and a fair possibility ezdsts of his resigning unless 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 provided in said article; the 

people of Luling want 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' 

Court place said constable of said Precinct Two on a salary 

basis without at the same time treating all other constables 

of the other precincts within the county on a similar basis? 

"Question Two: If the above question is answered in 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 county within 

said precinct? In clarification of this last question, I will 

explain that the area of Justice Precinct No. Two has the 

same limits as said Road & Bridge Fund 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 protection from said constable that they would not object to at 

least part of said constable's salary being 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 suffer unless a way can be found to relieve the present situation." 

This department has heretofore ruled on several questions similar 

to the questions presented in your inquiry. In our opinion No. O-516 (conference opinion No. 30&), this department held: 

"The consnissioners court is without authority to place 

one precinct officer upon a salary basis and leave other officers upon a fee basis. The system must be uniform and the 

commissioners court must place all of the precinct officers 

upon a salary basis or leave all upon a fee basis-under the 

salary law. 

"Where the commissioners court places the precinct officers of the county upon a salary basis as outlin ad in the 

officers salary law, the commissioners court has no authority 

to set a precinct officers salary at less than the total sum 

earned as compensation by him in his official capacity for the 

fiscal year 1935, and that the commissioners court has no authority to set a precinct officers salary at more than the 

maximum amount allowed such 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 opinion of this department that it is not 

possible to compensate a justice of the peace on a salary 

basis of counties having a population of lessthan 20,000 

Ttiabitants according to the last precedin g federal census 

unless all the precinct officers of said county are compensated on a salary basis, and the commissioners court of said 

county has passed an order providing for the compensation of 

all precinct officers of the county on a salary basis at the 

first regular meeting in January of the calendar year in 

question." 

Our opinion No. O-915 concerns a similar question. We enclose 

copies of all of the above mentioned opinions for your convenience. 

In view of the opinions mentioned above and the authorities 

cited therein, your first question above should be answered in the negative and is so answered. 

As we have answered your first question in the negative, we do 

not think that your second question requires any answer. Therefore, we 

do not deem it necessary to discuss or pass upon said question. 

Trusting that the foregoing fully answers your inquiry, we are 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ Ardell Williams 

Ardell Williams, Assistant 

APPROVED MAY 19, 19112 

/s/ Gerald C. Mann 

ATTGRNEY GENDAL OF TEXAS 

APPROVFLU: OPINION COMMITTEE 

BY: BWB, CHAWN 

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