### THE A ORNEY

Hon.Uayne L. Rartmm County Attorney DeWitt county Cuero, Texas
Dear Sir: 18, 1950
oplnlon Ifo.

v-1004.
Rer Compensa%ionof County Cammissfoners,

Your request for au oplnlon is as Sollowsn "The membersof the Commlssloners~ Court OS DeW.tt County,Texas are eligiblefor a raise In salary under the provisiom'of See-. M&i'1 of Article 2350, Vernon8aAnnoCiv, St* They have asked me to sedure a ruling Srm your offioe as to whether the provisionsoft Article 3912g; Section 1, Vernon’s Anne C&v, St., prohibit their granting such raise to themselveswithout granting a proportionate raise to the remaining county offioialsOS said county0 "Said last mentioned statute;after authorizJ.ng

a 25s ralse,Sorprecinct, aounty and district officers,continuesas 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 officialsin like proportEa8. "Section 5 of said Article reads, 'The provleiona o? this Act shall be cumulativeof all other laws pertainingto salaries of county and preolnct officersand their deputies and asslstants~.
"It is my opinion that so long as their raise is granted under the provisionsof Artlole 2350, end not under Article 3912g, they would not be required to give the other off%- aers proportionate raUes, nor would they beHon. Wayne L. Hartmsn, page 2 (V-1004)

required to publish their intentionsas 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 Countyhad a tax valuationof 758,825.OOaccording to the last app? zed tax rolls 1948 tax rolls) and has a tax valuationti 1950 of 20 848,175.OOaccording to the last approved tax rolls 

### 1949tax rolls).

Article 2350, V.C.S., provides in part as Sollows:
"In countieshaving the followingassessed valuations,

respectively,

as shown by the total assessed valuationsOS all properties certifiedby the county assessor and approved by-the GomIssioners Court, for county purposes, for the previousyear, from time to time, the County Cammissionersof such counties shall each receive annual salariesnot to exceed the amountsherein 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 assessedvaluations and salariesapplicabletheretobeing as Sollows:

'$12;000;001

and less than 20,000,OOOnot to exceed 

### $2,500,00 "$20,000;001

and less than 30,000,OOOnot to exceed $3,000,00" Shoe the tax valuationof-DewittCounty has increasedfrom $18,758,825.00 to $20,848,175,00

the Commlssloners~

Court is authorizedunder the provisions of Article 2350 to set the.salariesoS.the County COmmissionersat any sum not to exceed $3,000,00a 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 judgmentthe financial conditionof the county ana the needs of the officers justif'y the increase, to enter an order increasing the compensationof 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 ofSlclalain like proporto~the inorease authorizedl.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 ooncluslonreachedby you ln your btiief and you are thereforeadvised that the Commlsrloners3Court of Dewitt County may set the salaries of the membeps of th6 Comzissioners~ Court at ar@ sum not to exceed $3,000.00per annu$ 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.underthe provisions of Artlcl6 2350, V.CiS., at any sum not to exoeed f3,OOO;OOdue 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 offfcialsis ooatained in au entirelydifferent-- I

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

salary act, Art. 3912g, whloh is not applicable to salary increasesunder Article 2350.
Yours very truly,
PRICE DARIRL' APPROVEDI Attorney General
CT; c. Davis County ASSairZrilvision Charles D. Mathews ExecutiveAssistant Assistant JRzbh