THE A ORNEY 

Hon.Uayne L. Rartmm 

County Attorney 

DeWitt county 

Cuero, Texas 

Dear Sir: 

18, 1950 

oplnlon Ifo. v-1004. 

Rer Compensa%ion of County 

Cammissfoners, 

Your request for au oplnlon is as Sollowsn 

"The members of the Commlssloners~ Court 

OS DeW.tt County, Texas are eligible for a 

raise In salary under the provisiom'of See-. 

M&i'1 of Article 2350, Vernon8a AnnoCiv, St* 

They have asked me to sedure a ruling Srm 

your offioe as to whether the provisions oft 

Article 3912g; Section 1, Vernon’s Anne C&v, 

St., prohibit their granting such raise to 

themselves without granting a proportionate 

raise to the remaining county offioials OS 

said county0 

"Said last mentioned statute;after authorizJ.ng a 25s ralse,Sor precinct, aounty 

and district officers, continues as follows, 

'provided, however, the members OS the Commlsslc$ers CouW$ay not raise the salaries 

of anjr OS such Commtasloners Court under the 

terma oS this Aot tithoutmislng the salam 

OS the maJ,ning county officials in like 

proportEa8. 

"Section 5 of said Article reads, 'The 

provleiona o? this Act shall be cumulative of 

all other laws pertaining to salaries of 

county and preolnct officers and their deputies and asslstants~. 

"It is my opinion that so long as their 

raise is granted under the provisions of Artlole 2350, end not under Article 3912g, they 

would not be required to give the other off%- 

aers proportionate raUes, nor would they be 
Hon. Wayne L. Hartmsn, page 2 (V-1004) 

required to publish their intentions as provided in Section 4 of Article 3912g, However, 

they have requested that I secure an opinion 

from you, and I would, therefore, appreciate 

a reply at your convenience." 

t 

18 

In 1949 Dewitt County had a tax valuation of 

758,825.OO according to the last app? zed tax rolls 

1948 tax rolls) and has a tax valuation ti 1950 of 

20 848,175.OO according to the last approved tax rolls 

1949 tax rolls). 

Article 2350, V.C.S., provides in part as Sollows: 

"In counties having the following assessed valuations, respectively, as shown by the 

total assessed valuations OS all properties 

certified by the county assessor and approved 

by-the GomIssioners Court, for county purposes, for the previous year, from time to time, 

the County Cammissioners of such counties 

shall each receive annual salaries not to exceed the amounts herein specified, Said SREH" 

ries to be paid'in e ual monthly instalments, 

at least one-half 

three-fourths (3/b I 

47, and not exceeding 

, out of the Road and Bridge 

Fund, and the remainder out of the General 

Fund of the County; said assessed valuations 

and salaries applicable thereto being as Sollows: 

'$12;000;001 and less than 20,000,OOO not to 

exceed $2,500,00 

"$20,000;001 and less than 30,000,OOO not to 

exceed $3,000,00" 

Shoe the tax valuation of-Dewitt County has 

increased from $18,758,825.00 to $20,848,175,00 the 

Commlssloners~ Court is authorized under the provisions 

of Article 2350 to set the.salaries oS.the County COmmissioners at any sum not to exceed $3,000,00 a year. 

Section 1 of Art&e 3912g, V.C.S, (S.B. 92, 

Acts 51st Leg., R.S. 1949, Ch. 320, pe 601) provides: 
- ,-. 

Hon. Wayne ,L. Hartmanj page 3 (V-1004) 

%he Commlssloners Court in each county 

of this State Is hereby authorized, when ti 

their judgment the financial condition of the 

county ana the needs of the officers justif'y 

the increase, to enter an order increasing 

the compensation of the precinct, county and 

district officers, or either of them, In an 

addltional,amount not to exceed twenty-five 

(25$) per cent of the sum allowed under the 

law for the fiscal year of 1948, whether 

paid on fee or sala%y basis; prbvided, however, the mabers oS the Cozsalsalonera Court 

may not zlalse the salaries of any of such 

i?ommlssloners Court under the tems of this 

Act without ralaln~ the salary of the remaln- 

'ina county ofSlClal8 In like Droportlon." 

TBnrghasis added) 

The requirement "that the Cozimlsaioners Court 

may not raise the salaries oS any OS such Ccmmlssloners 

Co!ii% under the terms oS this Act tithout raising thee 

salary of the 

tion* applies 'd-y 

lnlng county ofSlclala in like proporto~the inorease authorized l.n*'Artlcle 

3912g and does not apply to the increase ln salaries %mder the provisions of Article 2350 due to the increase 

In tax valuation in Dewitt County. 

We-agree with the ooncluslon reached by you ln 

your btiief and you are therefore advised that the Commlsrloners3 Court of Dewitt County may set the salaries 

of the membeps of th6 Comzissioners~ Court at ar@ sum 

not to exceed $3,000.00 per annu$ without granting ralses to the other county officials. 

The Comlssioneral Court of Dewitt County may set the salaries of the members of the 

Comlsaioners~ Cot&t.under the provisions of 

Artlcl6 2350, V.CiS., at any sum not to exoeed 

f 

3,OOO;OO due to the lnareaae in tax Valu+ 

Ion for Dewitt County without rais 

9 

the salaries of the remaining aounty officia 8. The 

reqtirqent for slmllar raises to other oountg 

offfcials is ooatained in au entirely different 
-- I 

Wayne L. Hartnan, page 4 (V-1004) 

salary act, Art. 3912g, whloh is not applicable to salary increases under Article 2350. 

Yours very truly, 

PRICE DARIRL' 

APPROVEDI Attorney General 

CT; c. Davis 

County ASSairZrilvision 

Charles D. Mathews 

Executive Assistant Assistant 

JRzbh