TEEEA?~~Q,MNEY GENERAL 

QP TEXAS 

AUSTIN. TEXAS 7S711 

February 15, 1967 

Hon. Charles H. Bolton 

County Attorney 

Bosque County 

Meridian, Texas 

Opinion No. M-25 

Re: Construction of Senate Bill 

392, Acts of the 59th Legislature, Regular Session, 1965, 

Chapter 302, page 610. 

Dear Mr. Bolton: 

You have requested our opinion as to whether the provisions of Article 3897, Vernon's Civil Statutes, are applicable 

to Bosque County in view of the provisions of Senate Bill 392, 

Acts of the 59th Legislature, Regular Session, 1965, Chapter 302, 

page 610. 

Senate Bill 392, supra, reads as follows: 

"Section 1. Paragraph (q), Section 19 of 

Chapter 465, Acts of the Second Called Session, 

44th Legislature, 1935, as amended by Chapter 

205, Acts of the 54th Legislature, 1955, codified 

as paragraph (91, Section 19 of Article 3912e, 

Vernon's Civil Statutes, insofar as said provisions 

are applicable to counties whose officers are compensated on a salary basis, is hereby repealed. 

"Sec. 2. Article 3897 of the Revised Civil 

Statutes of Texas, 1925, insofar as said provisions are applicable to counties whose officers 

are compensated on a salary basis, is hereby 

repealed. 

"Sec. 3. The provisions of paragraph (q), 

Section 19 of Chapter 465, Acts of the Second 

Called Session, 44th Legislature, 1935, as amended, 

- 105 - 
Ron. Charles H. Bolton, page 2 (M-25) 

and the provisions of Article 3897, Revised Civil 

Statutes of Texas, 1925, shall, from and after 

the effective date of this Act, be applicable only 

to those counties whose officers are compensated 

on a fee basis. 

"Sec. 4. All laws or parts of laws in conflict 

with this Act are hereby repealed. 

"Sec. 5. Due to the fact that the abovecited Statutes have long since become antiquated 

and meaningless due to the fact that the present 

reports are of no use or benefit to the officeholder or the person with whom same are to be 

filed, and the additional fact that no official 

has authority to revise or question these reports, 

and the further fact that much time and t'nousands 

of dollars are expended in preparing these needless reports, which are not used by the State 

Auditor, create an emergency and an imperative 

public necessity that the Constitutional Rule requiring bills to be read on three several days 

in each Rouse be suspended, and this Rule is hereby suspended; and that this Act take effect and 

be in force from and after its passage, and it is 

so enacted." 

Section 61 of Article XVI of the Constitution of Texas 

provides in part: 

“All district officers in the State of Texas 

and all county officers in counties having a 

population of twenty thousand (20,000) or more, 

according to the then last preceding Federal Census, 

shall be compensated on a salary basis. In all 

counties in this State, the Commissioners Courts 

shall be authorized to determine whether precinct 

officers shall be compensated on a fee basis or On 

a salary basis, with the exception that it shall 

be mandatory upon the Commissioners Courts, to 

- 1.06 - 
;-Ion. Charles H. Eolton, page 3 (M-25) 

ckpensate all constables, deputy constables and 

precinct law enforcement ozficers on a salary basis 

beginning January 1, 1949: and in counties havinq 

a nonulation 02 less i"han twentv thousand (20.0001, 

according to the tiien last p recedin ,- g pederal Census, 

the Conmissioners Courts shall also have the authority 

to determine whether co,unty officers shall be corn- - 

pensated on a fee basis or on a salary Sasis, with .rhe 

exception that it shall be n mmisadded.) 

Eosque County has a population according to the last 

;sreceding Federal Census OE 10,809 inhabitants. Since Bosque 

County has a population of less than twenty thousand (2O,OOc)), 

under the provisions of Section 61 of Article XVI, supra, the 

Commissioners Court of Bosque County has the authority to determine whether the county officers shall be on a fee basis or a 

salary basis with the exception that Section 61 places all sheriEs 

and county law enZorcement ocficers on a salary basis. You state 

in your let'tcr tlnat the Commissioners Court has placed the county 

clerk, the county judge and the assessor-collector on a ccc basis. 

Tbcre.Zore, the Commissioners Court of Bosque County has Ccternincd, 

in its discretion, not to compensate the county o:ficezs on a 

salary basis within the meaning of Section 31 02: Article XVi 02 

tine Constitution 0: Texas. 

Under the provisions 02 Section 3 02 Senate Sill 392, 

licts of the 59tln Legislature, Regular Session, 1965, Cha?ter 302, 

page 510, the provisions of Article 3297, Vernon's Civil Statutes, 

are applicable to Bosque County. It is noted that Section 3 roZcrs to counties rather than particular oi'cices. 

SUMMARY 

Article 3S97, Vernon's Civil Statutes, is 

applicable ,to Eosque County, under the i'acts 

- 107 - 
Hon. Charles H. Bolton, page 4 (M-25) 

submitted, since the Commissioners Court of Bosque 

County, pursuant to the provisions of Section 61 

of Article XVI of the Constitution of Texas, has 

determined that tine county clerk, the county judge 

and the assessor-collector are to be compensated 

on a fee basis. 

v@y truly yours, 

A&orney General of Texas 

Prepared by John Xeeves 

Assistant Attorney General 

APPaOVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

W. V. Geppert, Co-Chairman 

Malcolm Quick 

James McCoy 

Gordon Cass 

Wade Anderson 

STAFF LEGAL ASSISTANT 

A. J. Carubbi, Jr. 

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