Hon. RamLe R. Griffin Opinion No. V-1215 

Criminal District Attorney 

sePferson .countg Re: Authority of the corn-- 

Reaumont, Texas mL3sloners' court to 

require monthly reports upon which to fix 

each month the compensation of Drainage MsDear Sir: trlct Commissioners. 

Your request for an opinion presents the following questions: 

1. Are commissioners of drainage dlstrlcts in Jefferson County required to make 

monthly reports and, if so, must they be under oath? 

2. 'Do such cannnissloners have to make 

application to receive pay each month? 

AccorcUng to the 1950 Federal census, Jefferson 

County has a population of 195,083 Inhabitants; therefore, 

Article 8161b, Vernon's Civil Statutes,~is applicable. 

This statute, which was enacted in 1947, provides for the 

compensation of *alnage district commlssloners in counties of 150,000 to 350,000 population in the following 

language : 

"Sec. 7. The Ccamnissioners of &alnage districts shall receive for their services compensation for the time actually 

engaged in the work of their ~distrlct not 

to exceed One Hundred and Fifty Dollars 

($150) in any one (I) month, wh5.ch~ compensation shall be fixed by an order of the 

ConmIssIoners Court. The amount of such 

compensation shall be determined upon the 

application therefor in writing by the Mmmissioners of drainage districts ~located in 

such counties, showing the necessity therefor, provided that such Commissioners Court, 

after having heard such petitlons,may deny 

or grant the same In whole or in part and 
. 

Hon. Ramie H. Griffin, page 2 (V-1215) 

shall enter their written order in the 

premises fixing the amount of such compensation Within the limits aforesaid." 

Section 9 of Article 8161b provides that "any 

laws conflicting with the provisions of tNs Act to the 

extent and only to the extent of suchconflict are hereby repealed." 

Article 8120, V.C.S., as last amended in 1935, 

also deals with the compensation of drainage district 

commissioners and prescribes the method of payment as 

follows: 

"The Conmissioners of Drainage Mstricts shall receive for their servicea not 

more than Two and 5O/lOO Dollars ($2.50) 

per day for the time actually engaged in 

the work of their district, which compensation shall be fixed by an order of the 

Commissioners' Court. Before the accounts 

of such Commissioners shall be approved by 

the Commissioners' Court such Commissioners shall first submit a detailed report in 

writing, under oath, to the Commissioners 

Court of their County showing the time actually consumed in the work for said District, and describing the work done, and 

such reports shall be audited and allowed 

by the Commissioners1 Court in such amount 

as it may determine; . . .' 

It is settled law that statutes will be construed so as to carry out the legislative intent. 2 

Sutherland, Statutory Construction (3rd ed. 1943) 333, 

Sec. 4701; 50 Am. Jur. 200, Statutes, Sec. 223. Furthermore, the presumptions exist that the Legislature knew 

of existing statutes and the effect thereof and that 

subsequent legislation does not repeal the existing law 

in the absence of that expressed intent. 1 Sutherland, 

Statutory Construction (3rd ed. 1943) 461, Sec. 2012; 

Conley v. Daughters of the Reoublic 106 Tex. 80 

. . 197 (1913) ; s coy-?. b Sweatt, 29 Tex. 713 

1 6 

(1866 7 . 

In 2 Sutherland, Statutory Construction (3rd ed. 

1943) 531, Sec. 5201, it is stated: 

a . Prior statutes relating to the 

same subject matter are to be compared with 
Hon. Ramie H. Griffin, page 3 (V-1215) 

the new provision; and if possible by rea- 

_- ._ . . . . . sonaole construction, ootn are to oe so construed that effect Is given to every provision 

of each. . . ." 

In view of the foregoing authorities, Articles 

8120 and 8161b must be construed together. 

Clearly, by providing that the maximum compensation to commissioners of drainage districts should not 

exceed $150.00 in any one month, Article 8161b was intended to repeal the provisions of Article 8120 setting 

such maximum compensation at $2.50 per day and to authorize an increase in the maximum rate of compensation which 

might be allowed by the commissioners' court to commissioners of draina e districts coming within the provisions of Article 8 161b. Under the first sentence of 

Section 7, the rate of compensation is to be set by the 

commissioners' court, the only restrictions being that 

not more than $150.00 shall be allowed to any drainage 

district commissioner in any one month and that the commissioner may receive pay only for the time-actually engaged in the work of his district. However, under the 

second sentence the commissioners' court is authorized 

to fix an amount less than $150.00 as the maximum which 

a drainage district commissioner may receive in any one 

month. The conrmissioners' court determines the amount 

to be paid upon application of the drainage district 

cuumissioners "showing the necessity therefor." 

Article 8120 provides that before the accounts 

of the drainage district conmissioners shall be approved 

by the commissioners' court, "such commissioners shall 

. first submit a detailed report in writing, under oath, to 

the Commissioners1 Court of their County showing the time 

actually consumed in the work for said district, and aescribing the work done, and such reports shall be audited 

and allowed by the Co~ssioners' Court in such amount as 

it may determine; . . . 

Article 8161b makes no provision for the method 

of payment of drainage district commissioners, and we are 

unable to find in it any evidence of an intention on the 

part of the Legislature to repeal these provisions of Article 8120 relating to the method of payment. 

Therefore, we agree with you that the commissioners of drainage districts governed by Article 88161b 

must submit detailed reports, under oath, as required by 

Article 8120, before their accounts may be approved for 
. . 

, 

Hon. Ramie H. Griffin, page 4 (V-1215) 

paymsnt. Reither Article 8120 nor Article 8161b states 

at what intervals the commissioners are to receive their 

payi although Artlole 8161b, by providing a monthly rate 

of compensation, apparently contemplates that the commissicmers are to be paid monthlg.If they are paid monthly,' then each month they must submit the report required 

by Article 8120. 

The Commisslonersl Court of Jefferson 

County must set the rate of compensation for 

commissioners of the drainage district, not 

to exceed $150.00 in any one month. Commissioners of the drainage districts must submit to the commissioners' court detailed 

monthly reports in writing, under oath, showing the time consumed in the work for the 

drainage district and describing the work 

done. 

APPROVRD: 

J. C. Davis, Jr. 

County Affairs Division 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Charles D. Mathews 

First Assistant 

WHH:mW 

Yours very truly, 

PRICE DARIEL 

Attorney General 

William H. Holloway 

Assistant