THEATTORNEYGENERAL 

OFTEXA~ 

Sanuary 21, 1950 

Eon. Parker Xllzey Oplnloa Ro. v-984. 

County Attorney 

Jim Wella County Re:The present maximum 

Alice, Texas aompenaatlon of prealnct offloera in Jim 

Wells County under 

Dear Sir: the subslitted faota. 

Your request for an opinion 1s in part as follows: 

"I would like your opinion on the queatlon of what 1s the maximum allowable salary 

for precinct offloers of Jim Wells County." 

Jla Wells Coulitt had a population of 20,239 

inhabitants according to the last preoedlng Federal Cen- 

. Subsequent to yw request you advised us that the 

gcln&t officers were compensated on a "fee basis" in 

1948. Aooordlag to the faeta,submltted, the precinct 

officers will be aompensated on a salary basisi in 1950. 

Therefore, the salaries of the preulnat officers la Jim 

Wells County will be governed br Section 3 of Article 

3912& V.C.S. (S.B.92,,Aota slat Leg., 1949, ch.320, p. 

601), which provides: 

"All of auah officer8 who were paid on 8 

fee basis durlrg the flaoal year of 1948, and 

who are now to be paid on a salary basis, shall 

be paid an annual salary in twelve (12) equal 

lnatallments of not leas than the total sum 

earned as compen8ation by him In hls offlolal 

oapaolty for the flsorl rear of 1935, and not 

more than the maximum $01 allowed euch officer 

under the laws exlatln on August 24, 1948, 

together with tha~twen e r-five (2%) per cent 

Increase allowed br this Act within the dlsoretlon of the Comalarl~oners Court." 

The maximum a~ allwed reclnot officers under laws existing on August 24, 19 t 8, was governed by 

the provisions of Articles 3883 and 3891, V.C.S. We 

quote those provisions of these articles which were 
Hon. Parker Elleey, page 2 (V-98$) 

applloeble to Jim Wells County in 1948: 

Art. 3883: 

'except as otherwise provided in this 

Act, the annual fee8 that may be retained by 

precinct, county and dlatrlot offlcers mentioned in this Article shall be aa followa: 

In oountlea oontaining twenty five 

(25,Oiij thouaand or less inhabitants: County Judge, District or Criminal District Attorney, Sheriff, County Clerk, County Attopney, District Clerk, Tax Collector, Tax Asaeasor, or the Assessor and Colleotor of 

Taxes. Twenty-four Hundred ($2400.00) Dollars &ach; Jixstlce of the Pi&e and iionstable Twelve Hundred ($1200 00) D 

ephasls added) 

. ollars eaoh. 

Art. 3891: 

deputies, and authorlaed~expensea under Art1010 3899, and the amount neoeasary to aover 

atits of premium on whatever surety bond may 

be required by law. If the current fees of 

such office collected in any year be more 

than the amount needed to pay the amounts 

above specified, same shall be deemed excess 

fees, and shall b&dlapoaed of in the manner 

hereinafter provided. 

"In oountlea containing twenty-iive thousand (25,000) or leaa inhabitants, District and 

County offloers named herein shall retain onethird of such exoeas fees until such one-third, 

to ther with the amounts specified in Artlole 

F# 

amounts to Three Thousand'Dollara ($3,- 

. Precinct officers shall retain one-thlrd 

until auoh one-third. to&&her with the amount 

apeclfled in Article 3l5U3. amounts to Fourteen 

Hundred Dollars 014OOL., 

I . . . 
Ron. Parker ISllzeY, page 3 (v-984) 

"(a) The ~ommlaaionerrr Court Is hereby 

authorized, when in their judgment the finanala1 condition of tha county and the needs of 

the o?f%cera jtutlfy the increase, to enter 

an order increasing the oompensatlon of the 

precinct, county and diat+lot officers la an 

additional amount not to exoeed twenty-five 

(25#) per coat &f the 808 allowed under the 

law for the fiscal year ef 1944, provided the 

total oompenaatlon authorized under the law 

rCor the fiscal year of 1$kb did n t sroeed 

titias" of ThLrtf-ak 8 

. (Baphaaia adb& 

rod (&OO.OO) DalThe maximua oom 

9Y 

oeatlon of a pnoinat 'fioar 

I Jim Wells County in 1 4 WI8 $1400.00. Arts.3 84 3 and 

3891. Subdlviaioa (a) of AiMslo 3891 above quoted 

whlah waa effective In 1949, allowed 8; increase not'to 

oxceed twenty-five per oerat of the sum allowed under the 

law for the fiscal faar of I@I4. Therefore, the maximum 

compensation of a pa8,Lnst officer in Jim Wells Count 

&n 1948 was $1400.00 plw twenty-five per sent, or 41 

00 ($1400 plus $350). 

3 50.- 

Since the maximum oompensatlon of a reclnct 

offloer in Jim Wells County was $1750.00 in 1 9i 8, the 

8axleum salar now allowed a preelnot officer in that 

county is $17 9 0.00 plus 

50 01750 plus $437.5050). 

twenty-five per cent, or $2187.- 

brt.39l2g, Sec. 3, V.C.S. 

SUHHARY 

The maximt8 oompensatlon of a preoiwt 

officer in oouatloa of less than 25,000 lnhabitanta acoordlq to the last precedlFederal Census, who waa oompensated on a 

"fee basis" in 1948 and la now OolPgen88ted 

on a "salary baala" la $2187.50. Arts. 

3883, 3691, and 39Xr;r, v~.C.S. 

APPROVED: Your8 very truly, 

J. C. Davla, Jr. PRICR DARlBL 

County Affairs Dlvlaivn Attorney General 

Charles D. Hathewa 

Bxecutlve Assistant 

JR:bh:mw 

Asslbtant