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

Criminal DistrictAttorney sePferson.countg Re: Authority of the corn-- Reaumont,Texas mL3sloners'court to requiremonthly reports upon which to fix each month the compensation of Drainage MsDear Sir: trlct Commissioners.

Your request for an opinionpresents the following questions:

1. Are commissioners of drainagedlstrlcts in Jefferson County required to make monthly reports and, if so, must they be under oath? 2. 'Dosuch cannnissloners have to make applicationto receive pay each month? AccorcUng to the 1950 Federal census,Jefferson County has a populationof 195,083 Inhabitants;therefore, Article 8161b, Vernon's Civil Statutes,~is applicable. This statute,which was enacted in 1947, provides for the compensationof *alnage district commlssloners in counties of 150,000 to 350,000populationin the following language

:
"Sec. 7. The Ccamnissioners of &alnage districts shall receive for their services compensationfor 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 compensationshall be determinedupon the applicationtherefor in writing by the Mmmissioners of drainagedistricts~located in such counties,showing the necessitytherefor, 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with the provisions of tNs Act to the extent and only to the extent of suchconflict are hereby repealed."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 compensationof drainage district commissioners

and prescribes the method of payment as follows:
"The Conmissionersof Drainage Mstricts shall receive for their serviceanot 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 approvedby the Commissioners' Court such Commissioners shall first submit a detailedreport 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 statuteswill be construed so as to carry out the legislativeintent. 2 Sutherland,StatutoryConstruction (3rd ed. 1943) 333, Sec. 4701; 50 Am. Jur. 200, Statutes,Sec. 223. Furthermore, the presumptionsexist that the Legislature knew of existing statutesand the effect thereof and that subsequentlegislation does not repeal the existing law in the absence of that expressedintent. 1 Sutherland, StatutoryConstruction (3rd ed. 1943) 461, Sec. 2012; Conley v. Daughters of the Reoublic 106 Tex. 80

. . 197 (1913) s b

; coy-?. Sweatt, 29 Tex. 713 1 6 (1866 7
. In 2 Sutherland,StatutoryConstruction (3rd ed. 1943) 531, Sec. 5201, it is stated:

a

. Prior statutesrelating to the same subjectmatter are to be comparedwithHon. Ramie H. Griffin,page 3 (V-1215)

the new provision;and if possibleby rea- _- ._ . .. . . sonaole construction, ootn are to oe so construed that effect Is given to every provision of each.

. . ."
In view of the foregoingauthorities, Articles 8120 and 8161b must be construed together.

Clearly,by providing that the maximum compensation to commissioners of drainagedistricts should not exceed $150.00 in any one month, Article 8161b was intended to repeal the provisionsof 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 allowedby the commissioners' court to commissioners of draina e districts comingwithin the provisions of Article 8161b. Under the first sentence of Section 7, the rate of compensationis to be set by the commissioners'

court, the only restrictions being that not more than $150.00 shall be allowed to any drainage district commissionerin any one month and that the commissionermay receive pay only for the time-actuallyengaged in the work of his district. However,under the second sentence the commissioners' court is authorized to fix an amount less than $150.00as the maximum which a drainagedistrict commissioner may receive in any one month. The conrmissioners' court determinesthe amount to be paid upon applicationof the drainagedistrict cuumissioners"showing the necessity therefor."

Article 8120 provides that before the accounts of the drainagedistrict conmissioners shall be approved by the commissioners' court, "such commissioners shall

. first submit a detailedreport 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 allowedby the Co~ssioners' Court in such amount as it may determine;

. . .

Article 8161b makes no provisionfor the method of payment of drainage district commissioners, and we are unable to find in it any evidence of an intentionon the part of the Legislatureto repeal these provisions of Article 8120 relating to the method of payment.

Therefore,we agree with you that the commissioners of drainagedistrictsgovernedby Article 88161b must submit detailedreports,under oath, as requiredby Article 8120, before their accountsmay be approved for. . ,

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

paymsnt. ReitherArticle 8120 nor Article 8161b states at what intervals the commissioners are to receive their payi althoughArtlole 8161b, by providinga monthly rate of compensation,

apparentlycontemplates that the commissicmersare 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 drainagedistrictsmust submit to the commissioners' court detailed monthly reports in writing, under oath, showing the time consumed in the work for the drainagedistrict and describingthe work done.
APPROVRD:
J. C. Davis, Jr. County Affairs Division
Jesse P. Luton, Jr. ReviewingAssistant
Charles D. Mathews First Assistant
WHH:mW Yours very truly,
PRICE DARIEL AttorneyGeneral

William H. Holloway

Assistant