OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

OauoGYum 

mwmnrTravle County 

Aurtin, Texar 

r6latlro to the 0 oardully oorulde 

your letter a8 r0 

varlour, pueatlonr 

8 been reoelmd and 

wr qu0tS rrom 

C8ll8UI ror 

II made by Honorr 0r the Oml8U8, on June 

nSU8 rOr TraYi COUntJ, 

0,686 inhabitante. 

rerence to salaries c& county and preu, theraroro, pleass advise u81 

8 it the duty Or the COidS6iOnSr8’ COUrt, 

by reason 0r the ohangs of populatl,on 0r Tray18 County, 

Texa8, and the Ola8slriOatlOn ohange or said oountp, 

a8 aforesaid to rix the salarlsr of the OfrlO6r8 

named in dole 39128, SSotion 13, in aocoraanos with, 

thr Limitation8 8st out in Said %rtiole and SSOtiOn, 

and rhould the order of said court fixing said Salads8 
819 . 

Honorable Paul Holt, Honorable S. A. Belger, Page 2 

b4 4rr40tiY4 rrom June 17, 1940, the date or the 

announoement 0r said 1940 aeneu8 ror Tra$e county, 

Terse. 

"2. If it 18 the duty of the Commi881one;8' 

Court to fix salarle8 a8 asked in the prooeeding 

queatlon, and thr order 80 rlxing said ealarlee 18 

not 4rr40tiY0 rr0m June 17, 1940, then rromwhat date 

8hould sald order be err40tiv4. 

ma. Travis County, on AUgU8t 24, 1935, had an 

orrioial 04n4u8 0r 77 

oeme within the olars i rioatlon 

777, ana under Artlola 3891, 

or. oountlor oontalnlng a8 many ae 60,001 and not mcpe than 100,000 lnhabitants. In rixlng ealarler 0r OfilOer8 named in 

Artiole 39124, seotion 13, shall the Commleelonef81 

Court 0r TraYi County, in arriving at the minimum 

and maximum llmltatlons of said 8alarle8, oompute 

the earning8 0r said 0rri04r4 on the ole88lfloatlon 

of oountlea oontainlng a8 many a8 100,001 and not 

more than 150,000 lnhabltante.~ 

“4. Artiole 3912e, 8eotion 13, provides, among 

other thing8: '%aoh Or eaid OlriUOr8 8hdl1 be paid 

in money an annual 8alary in twelve (12) equal instalL 

nent8 or not lose than the 8Ua earned a8 compensation 

by him in hi8 orrioial oapaolty r0r the fl8Oa1 year 

1935, and not more than the maximum amount l llowed 

8uOh OfflCer under bW8 exi8ting On August 24, 19351' 

"Do the abovr word8 *the 8um earned by him a8 

oompeneatlon' mean all fee8 earned, both oolleoted and 

unoolleoted, or do said word8 mean 0011eOted f8e8 

only. 

*5. Und4r re4 hW8 8d4ting OIL August 24, 1935, 

a8 applied to oountlee oontalnlng ae many ae 100,001 

and not more than 150,000 inhabitants, the maximum reoited in Art1014 3891 18 #S 500.00. In arriving at 

the minimum and maxlmum lfmjtationr, provided in Artlole 

39120, seation 13, 8ha11 the Commi88ionero' Court Of 

Travle County be governed by the marlmum or ~5,!300.00 

#tat ed as abovr , or is the maxlmum amount the amount 

8tetOd in Are1018 3883, 8eOtion 5, p1U8 one-third Or 

4X0484 r408. 
Honorable Paul Rolt, Honorable S. A. Bllger, age 3 

“6. A8 grovided by Art1018 39124, 8eotlon 

8, thr COXUi88iOh4r8' COtWt Or Tl'aVi8 County, Toxar, 

bar, by order Pa8846 on January 1, 1936, plaoed all 

preolnot OffloOr on ralary ba8i8, whloh order has 

been re-onaoted each January lat. Is it the duty 

0r the Cormml8eloner8' court or Travis county, Texar, 

to fix the malarler of all greOlmt ofticOrr, in aooordano8 with mlaimum and marlmum limltation8 fixed 

by law, at the time 0r the annouaaament 0r the orriolal cenous of Travis County, Texas, for 1940, as 

above rtated, or 14 it the duty 0r said court to rix 

8alarler 0r prooiaot orrioers on January 18t, 1941; 

ror the onruing year, or rhall 8uoh ohangel, ii any, 

be ofZeotlv4 from the date of the passage-or an order 

ohanglng said preoinot OfflOer8' aalarlss. 

Artlole 59124, Seotion 13, Vernon's Annotated Texas 

Civil Statutrs, roabr In part as fO11OW8l 

n 

popule 

or mor 

6aad ( 

fyg 

r0ii0w 

and 00 

lnolud 

toraey 

dietsi 

'he Commt88icmere* Court in oountie8 having a 

iion of twenty thousand (20,000) inhabitanta 

1, and leas than one hundred and ninety thou- 

~90,000) inhabitant8 aooordlng to the la& 

.ng yrderal Census, 18 hereby authorized and 

.l be its dut 

f 

to flx the salaries of all the 

.ng named 0rr oer8, to-wit: rherirr, asaesaor 

Aector 0r taxes, oounty judge, oounty attorney, 

.ng orimlnal distriot attorneys and county atI who perrow the dutles 0r diatrlot attorney8, 

It olerk. oountr clerk. treasurer. hide and 

animal ln8pect&. za&h or edid oriioeri shall be paid 

in money an 6nnual salary ln twelve (12) equal InetalImonts 0r not 108s than the total 8~111 earned a8 oompen8atlon by him in hla offlolal oapaclty for the fl8oaI 

year 1936, and not more than the maximum amount allowed 

ddoh ofiioer under law8 l xirtlng on Auuust 24, 1936; 

.r. .” (Under8oorlng our81 

Artfole 3891, Yernon'a Annotated Texas Civil Statutes, 

read8 in part a8 iOiiOW8Z 

"Eaoh orrloer M-4 in thir Chapter shall firlt 

out 0r the ourrent roe8 0r hi8 0rri00 pay or be pal4 

the amount allowed him under the provlsloa8 0r Art1018 

3883, togrther wlth the aalarlae of his aaslrtant8 and 
. 

Honorablr Paul Bolt, Honorablr S. A. Belger, Page 4 ' 

d@pUtiO8, and authorized expenae8 under Artiale 

3899, and the Mount neoe88ary t0 cover Oo8t8 Or 

premium on whatever surety bona may be required by 

law, rr the current is48 0r such Off108 collected 

in any year bs more than the amount needed to pa.y the 

amounts above speolfied, same shall be deemed 6x0688 

fees, and shall be disposed of in the manner herelnarter provided. 

I) 

. . . 

I 

"In oountlas, oontainlng slxt'y thousand and one 

60,001) and not more than 036 hundred thousand 

100,000) inhabitants, dlatriot and oounty oiiloere 

named herein shall retain one-thfr.4 of such exoe88 

fees until such one-third, together with the amount 

saeoffied in Article 3983, amounts to Forty-seven 

muds94 and Firty Dollara ($4750). Preolnot OfflaOS 

shall retain one-third until euch one-third, together 

with the amount s?eolfied In Artlole 3883, amounts 

to Twenty-81x Hundred Dollsrs ($2600).w 

The Ofticers~ Salary Law became effeotive January 

lat, A. D. 1930. (Seotlon 21, Article 39120, Vernon'8 Aanotated Texas Civil Statutes.) 

Artiole 3898, Vernon's Annotated Texas Civil Statute8, reads in part a8 r0ii0wsl 

TYte fiscal year, within the meaning Of thl8 

Act, shall begin on January 1st of each year; and 

eadh district, county and precinct officer shall 

rile his report and meke the final settlement required in this Aot not later than February 1st Or 

each year; provided, however, that officers reoelring an annual salary a8 ompensatlon ror their 8orvi068 shall, by the 01080 of eaoh month, pay iat 

the Ofrisers* Salary Fund or funds, all fees, oommissions and compenaatlon oolleoted by him during 

said montti. . . .* 

Article 39128, Section 2, Vernonfe Annotated Texar 

Civil Statutes, read8 in part aa rOllOW8: 

"The Commissioners' CrJurt of eaoh county in the 

Stats of Texas, at Its first regular meeting in Jan- 
Honorable Paul Hblt, Honorable 9. A. Belgor, Fag. 5 

uary of eaoh oalendar par, #hall, by or&or made 

and entered la the minute8 of said oourt,,detemine 

whether prsolnot otrioerr of emoh oounty ( l xoept 

pub110 weigher8 and raglrtrars of vital statletior) 

ahall be oompmrated on a ralary b8si8 a8 provided 

iOr in thi8 Aot or whetker they she11 reorive a8 

their OOIllpelleatiOn, 8UCh reO8 of OrflOe a8 Hi8y be 

earned by them in the perfomano8 oi the dutier of 

their OtfiOa8, and it rhfill be the duty of the 

oounty olerk of l aah oounty to rorward to then Comptroller 0r Pub110 Aooount8 of the State of TeXa8 on 

or before th8 3lrt day 0r January a oertlrled 00~~ of 

8uOh ordrr. , . ." 

Opinion Ho, o-2580 of thi8 Department hold8, among 

other thingr, that the ealarler ior the offleer named in 

Seotion 15, Artlole 39120, In oountier having a population of 

80,000 inhabitant8 or Ikore and 1088 than 190,000 inhabitant8, 

l ooordlng to the laet Federal oen8u8, .should ba fired for the 

year 1941, a8 prwided by law oxirting August 24th, 1933, regardlers or the population of ruoh oountier a8 8hOWU by the 

1940 ?ederal oen8u8. Under the faotu relative to thir opinion Llaertone County, Texa8, had a population ot 39,497 inhabitaatr aooordlng to the 1930 federal 0811~~8 and the preliminary oenau8 report made by the ysderal 01118~8 Bureau ot the 

ooUnty'8 population in 1940 wa8 33,380 inhabitaatr. The oplnlad further holds that the minimum ralary or einy'ofiioer named 

in Seotion 13 of Article 39120, 8upra, could 'iiot be lea8 than 

the total num earned a8 oompenration by the'lncumbent of the 

ofrioe in hi8 orriofal aapaclty for the risoal year 1935 and 

that the maximum salary oould not be more than-the maxlmum 

em;?" allowed suoh orricer under laws exl8ting ok;ayt 24th, 

. We emlose herewith a oopy qf Opinion No. . 

Opinion No. O-345 of this Departmenti hold8 that under 

the ogfioerr' Salary Bill, the,Dirtriot Olerk of Limertone 

Coumy, Texa8, 18 entitled to *not h88 than the total 8Ul 

earned a8 oompensationw rather than "the mum oolleotedm or 

"earned and oolleotad,* and ?n arriving at the ool'reot minimum 

ralary to be paid said ofr~Oer, the Connuissionere* Court 8hOUld 

oonslder the mm total of both the ree8 mlleoted and unoolf$ef9;; whioh he would have been legally entitled for the 

The opinion also hold8 that in computing said 

olerk*r e&y the Commirrionera* Cw.rt should deduct from the 

total eompsnsatlon earned, oollectrd and unoolleotsd, the ex- 
Honorable Paul Bolt, Honorable S. A. Belger, page 6 

pen868 0r the 0rttoe ror the year &9?5, %i?h were legally 

allowed by the Commissionorr~ Court ror that year. We enolose herewith a oopy ot Opinion No. O-345. 

No. 

We also enclose herewith a copy of Conrerence Opinion 

3053 Or thi8 D8partment, whioh oontainr a ruii di8OU8- 

qion of the ninimum ealary or a aounty attorney under the 

OrflOer8' Salary h3W. 

Opinion No. 0-1595 of tht8 Department hoidr that 

when annual salaries have been rixed ror the Ofi$Oer8 named 

in Seotion 13 of Articlr 3912e, Vernon'8 Annotated Texar Civil 

Statute8, by the COlSDli88iOll~r8 * Court they oanngt be changed 

during that year* however, that the Comals8ioners~ Court oould 

ohango the 8alarie8 Ior the following ykar, provided auoh aalaria8 are not leas than the total sum earned as oompenaatlon 

by ths officer in his oifioial oapaoity for the ri8Od year 

1935, and not more than the maximum amount allowed euoh oifioer 

under law8 existing on August 24th, 1935. We enolose herewith 

a copy of Opinion No. O-1596, whioh oontalns a full dieoueaion 

of this matter. 

As stated In your lettar, on August 24th, 1935, TraVi8 

County, Texa8, had a population of 77,777 inhabitants, aooordlng to the last preoeding Federal oansus of 1930. At that time, 

to-tit, on August 24th, 1936, thr maximum emount allowed the 

county and district OfifOer8 0r TraVi8 County under ArtiOle8 

38S3 and 3~391, Vsmonv8 Annotated Civil Statutes, we8 $4750.00. 

The maximum allowed preclnot offioers in Travis County on that 

date waa $2500.00. 

You are tharsiors, respeatfully advlssd that it 18 

the opinion of this Department that the change in the population of Travis .County, Texae, haa no sffsot upon the salaries 

0r the Officer8 named in ssotion 13 0r Article 3912e, Vernon'8 

Annotated Texas Civil StatuteBe 

allowd any 0r said named oounty 

that the maxlmum salary to be 

or dirtriOt officer8 or 

Travis COWity, TeXa8, 18 $4750.00; that the IMX~~UUII salary t0 

be allowed prroinot OfriOer8 of Travir County, Texa8, 18 

$2600.00; that the mInimum ralarier to be allowed 8uCh offioere 

is not le88 than the total 8um earned a8 OOmpensatiOn by 8uoh 

Offher in their offioial oapaoity for the year 1935; and that 

after ealariee have be8n set they oannot be ohangsd during the 

year by the Commissionerr Court. 

I 
- 

. .I - 

Honorable Paul Holt, Honorable 9. A. Bslger, Ihgs 7 .: 

an8wer to 

Tour fir8t quertion i8 anmwered in the negative. 

Your 8eOOnd quertion beoomer moot in view 0r OCR 

que8tion 810. 1. 

Your third question is an8wer8d in the negative. 

In an8wer to your fourth queetion, it 18 our opinion that all roe8 earned, both oolleoted and unoolleated, 

oome within the mrd8 'the 8um earned by him a8 oompen6ation.a 

four fifth qurrtion beOme8 moot in view of our holding that $4780.00 18 thr maximm 8alary to be allowed dirtriot 

8nd county OrriOer8 or Travir county under th? OffiOar8' Salary 

Law. 

YOUr rixth qU88tiOn 18 an8w9rOd in the n8gatiVe. It 

18 our Opinion that the COnrmi88iOner8' COUrt ha8 no authority 

to ohange the ulari88 oi prooinot offioen during th.8 year. 

It ia the opinion of thft D8partment that the Commis8ioner8' Court of Travir County ha8 the authority to ahmge 

the aalariee of the otfiosrr named in Sootion 13 of Artiole 

39120, Vernon'8 Annotated Texa8 Civil Statutes, and of the preoinot otfioercl of Trtivir County,for the fieoal year 1941, protided aame are set withln the minimum8 and maximums allmsd by 

law a8 above indioated. 

Your8 very truly 

WJFtBBB