AUSTIN.X'EXAS

PPICE DANXEL WAOAN DICXSSON *¶70- Q-E- wlmm¶-AmmlmrAN-m 

### 'November

5,1948

Hen. Douglas A. Newton District Attorney 53rd Judicial.

District Del Rio, Texans Opin!on No. V-709 RE: The euthority of the Commissioners Court to reduce the salary of the CountyHealth Officer prior to the end of his current term. Denr Sir:Reference ismade to your recent requestwhich reads, in part, as Sollows: "Dces the Commissioners Court have the right to reduce the County Health Officer's salary from $100.00 to $25.00before the end of his two year eppointive term? "Atthe first meeting of e Commissioners Court of Va1 Verde County, Texas, Dr. R. N. Grdem war appointed County Health Officer for rrtwo year term,beginnin January 1, 1947 and ending January 1, & 19 9. Although no reason was given f’or their action the Commisr3~oners

Court reduced the County Health Officer'c anlery from $1.00.00 per month to $25.00 per month at a reguI.ar1.y monthlymeeting held during themonth of. August, and effective September I.,1948." Artic1.e4423, V. C. S. is A% follows: "The commissioners court by a majority vote in each organized county shallbienninll.y a~ppoint

A proper person for the office of countyhealth officer for his county,who ehal~l hold office for two years. saia county health officer shall taice end subscribe to the officiel oath, and shall file a copy of such oath and a copy of his appointment with the Texas State Board of Health; and,.I i

Hon.



### (26) DouglBs A. Newton, page 2 (V-709)

until such copies are so filed, said officer shsll not be deemed legally qualified. Compensstion of seid countyheslth officer shall be fixedby the commissioners. court;provided, that no compensationor salary shallbe allowed e~xceptfor servicesactuallyrendered." In 34 Tex. Jur. 526, it IS provided that: "In the absence of any constitutional limitation, the Legislaturemay lower or raise the selaries or fees of officers, even during the term forwhich an officerhas been elected or appointed; and itmay diminish and distribute unearned official fees as it deems just. Also, where the commissioners'court has vower to fix the comoensetionof an officer, it mBy change the amount at Bny time, even during his term of office. [Emphasis Bdaed) In the case of Baxter 648, it was held that: "Commlsaloners~Court fix compensation of countyv. Rusk County, 11 S.W.

may at any time treasurer for receiving and disbursingpublicmoneys, subject to limitation that order fixing percentBge of compensationwill not be effective to reduce compensation earned for past 8ervices.B Since there **is** no constitutionalor statutory provision limiting the power of the Commissioners'Court to fix the compensation of the CountyHealth Officer and in view of the foregoing, it is our opinion that the Commissioners' Courtmay reduce the County Health Officer's sslarg from $100.00 to $25.00 permonth before the end of his two year appointive term. SUMMARY \

The Commissioners'Courtmay reduce the salary of the County Health Officer from $100.00 to $25.00 per month before the endRon. Douglas A. I?ewton, page 3 (V-709)

of his two~year appointive.term.34 Tex. Jur. 526; Baxter v. Rusk County, 11 S.W. (2d) 648. Yours very truly, ATTORNEYGENERAL OF TEXAS

BA:mw

APPROVED:

ATTORNEY GEWRAL