The Honorable Harold Hollingsworth Opinion No. H- 473 

Criminal District Attorney 

Kaufman %ounty Re: Eligi.bi1it.y of Criminal 

Kaufman, Texas ,’ 75142 DistrictAttorney ,to be a 

member of ‘State Retirement 

System. 

Dear Mr. Hdllingsworth: .: .~ 

You,have requested an opinion as to whether the Criminal 

District Attorney of Kaufman County is erigible to participate in, 

&he Employees Retirement System of Texas established by,article 

6228a, V. Ti C. S. which’provides in section 3 (B) (1): 

The memtiership of said Retirement System 

shall be composed of any elective Stkte official or 

appointee in an elertive office of the state; including 

all elected or appoi.ntrd members of State Legislature, and District Attorneys receiving salaries paid 

‘by the State from the State General Revenues Fund, 

but shall not include any elective official’in the 

Judicial, Education, District, or County, of the 

Statue of Texas other than those expressed eligibk 

as provi.ded herein. 

Thu.s, to be el,igible for the Retirement program the Criminal .District 

Attorney must be a “District Attorney” and be receiving a salary paid 

by theState from the General Revenue Fund. ~” 

The Supreme Court of Texas in Hill Countv v. Sheppard, 17’8 

S. W. 2d 261 (Tex. Sup. 1944) defined the= “criminal district 

attorney”: 

p. 2157 

. 
The Honorable Harold Hollingsworth page 2 (H-473) 

. * . it is,our opinion that the term criminal 

district attorney refers to a class or kind of 

district attorneys, and that a criminal di,strict 

attorney is a district attorney within the meaning 

of the Constitution. 

The’ office of District Attorney, including that 

of c.riminal district attorricy, is a constitutional 

office, ,the duties and compensation of which are 

provided for in Article V, Se,ction 21, of the 

Constitution . .’ . . 178 S. W. 2d at 263. 

See also: 

-- N@aI v. Sheppard, 209 S. W. 2d 388 (Texy Civ. App. --T;exarkana 

.1948, writ ref.),; and 20 TEX. JUR. 2d District Attorney $1 (1960 ed). 

Under the,provisions of articl,e 326k-71, which created, ,the office 

of ,the Criminal Dis,t.rict Attorney of Kaufman County, ..the Criminal District 

Attorney’s salary is paid out of both .state and county funds. Section 4, of 

.:articli 326k-71 provi.des: 

The Crimi’nal District Attorney of Kaufman Count9 

shall be commissioned by the governor, and shall, 

receive as compensation arr annual salary payable in 

,equal, monthly installment,s... ,The salary shall include 

the amount, equ,al, to ,the, amount paid dii trict attorneys 

by the State of Texas,,.and shall. be paid by the comptroller 

of public accounts, as,appro,p.riated by the legi.slature. 

In .addition, the Cri.minal DistrLct Attorney of Kaufman 

County shaI1 be.paid.in e~ial bimonthly installments out 

of the oHicers’ salary fund of Kaufman County an amount ” 

which, when added to the amount paid by the State 0 

Texas, equals an amount not less than 90 p,ercent of .the 

total .sa,i,a:ries paid to the Judg,e of th,,e 86,th Judickal Di,st’rict 

‘by the State .of .Tesas and Kaumnm, ‘VanZandt, ‘and 

Rockwall ccunties~ 

In Attorney .General Opj,ni,on M-10,87 (197.2) this ~pffice held that:,a 

-,+Zr?minal :Z&stcict ~~t.or~~~~~,,.pa%.il. e,nWe,l~y from s++,te ~fund.s .was eligible 

to ~particl.pate in the state retirement program auiho~rized by,article 

p. 21.58 
I 

I ( 

. 

c 

2 

The Honorable Harold Hollingsworth page 3 (H-473) 

6228a. Similarly it is our opinion that the Criminal District Attorney 

of Kaufman County is eligible to participate in the Employees Retirement 

System of Texas established by article 6228a to the extent of the amount 

of his salary paid by the state. This conclusion is in accordance with 

the general program outlined in article 6228g providing for a County 

and District ,Retirement System. See 

- 

section 11(A) (1) of article 6228g, 

entitled “optional coverage of employees receiving supplemental compensation from participating counties” and providing that 

The governing body of any participating ccunty 

which ,Rays compensation from county funds to a 

person reg,ularly engaged in the performance of 

the duties of an elective or appointive State or 

district office in addition to ,that.received from 

the State of Texas, may by order of the governing 

body p,rovide that the persons shall ba considered 

em,ployees of the county, and as such eligible for 

membership in the~system to the extent of .the 

compensation paid the person by the county. 

SUMMARY 

The Criminal Di.strict Attorney of Kaufman 

~County is eligible to participate in the Employees 

- Retirement System’establjsbad by article 6228a, 

V. T. C. S., to the extent ot the amount of his salary 

paid by the state. 

C. ROBERT HEATH, Chairman 

Opinion Committee 

ps 2159