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 County Health 

Officer prior to the 

end of his current 

term. 

Denr Sir: 

Reference is made to your recent request which 

reads, in part, as Sollows: 

"Dces the Commissioners Court have the right 

to reduce the County Health Officer's salary 

from $100.00 to $25.00 before the end of his 

two year eppointive term? 

"At the first meeting of e Commissioners 

Court of Va1 Verde County, Texas, Dr. R. N. 

Grdem war appointed County Health Officer 

for rr two 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 

monthly meeting held during the month of. 

August, and effective September I., 1948." 

Artic1.e 4423, V. C. S. is A% follows: 

"The commissioners court by a majority 

vote in each organized county shall bienninll.y a~ppoint A proper person for the office of 

county health 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 county heslth officer shall 

be fixed by the commissioners. court; provided, 

that no compensation or salary shall be allowed e~xcept for services actually rendered." 

In 34 Tex. Jur. 526, it IS provided that: 

"In the absence of any constitutional 

limitation, the Legislature may lower or 

raise the selaries or fees of officers, even 

during the term for which an officer has been 

elected or appointed; and it may diminish and 

distribute unearned official fees as it deems 

just. Also, where the commissioners' court 

has vower to fix the comoensetion of 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 county 

v. Rusk County, 11 S.W. 

may at any time 

treasurer for receiving and disbursing public moneys, subject to limitation that order fixing percentBge of compensation will not be effective to 

reduce compensation earned for past 8ervices.B 

Since there is no constitutional or statutory 

provision limiting the power of the Commissioners' Court 

to fix the compensation of the County Health Officer and 

in view of the foregoing, it is our opinion that the Commissioners' Court may reduce the County Health Officer's 

sslarg from $100.00 to $25.00 per month before the end of 

his two year appointive term. 

SUMMARY 

\ 

The Commissioners' Court may reduce the 

salary of the County Health Officer from 

$100.00 to $25.00 per month before the end 
Ron. 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, 

ATTORNEY GENERAL OF TEXAS 

BA:mw 

APPROVED: 

ATTORNEY GEWRAL