Hon. Joseph H. Mims opinion Ho. v-915. 

County Attorney 

Midland County ,Re: Applicability to Midland . 

Midland, Texas County of H. B. Ro. 54, 

51st Leg., relative to the 

compensation of county juDear Sir: venlle officers. 

You have requested an opinion as to whether 

the provisions of House Bill Ro. 54 of the 51st Legislature, relative to the compensation of county juvenile 

officers,. are applicable to Midland County. 

House Bill 54 provides in part: 

"The Commissioners Courts of all counties in which Juvenile Officers or Probation 

Officers, or their assistants, are employed 

under existing laws of this State; shall fix 

the salaries to be paid such Juvenile Officers or Probation Officers and their assistants, and provide for their expenses, without : 

limitation. Provided, that ln counties where 

there is a Juvenile Board, said Board shall 

recommend the salary to be paid to such Juvenile Officer or Probation Officer and their 

assistants, which salary shall be approved by 

the Commissioners Court; and provided, further, that no Juvenile Officer or Probation 

Officer, or their assistants, shall be paid a 

salary less than that now provided by existing laws. The Commissioners Court is authorized in its discretion to furnish such Juvetile Officers or Probation Officers an automobile and provide an allowance for the expense of operating the same. The provisions 

of this Act shall not apply to those counties 

whose population exceeds one hundred and 

ninety thousand (lgO,OOO) according to the 

last or any future Federal Census. 

You state in your request that at the present 

time Wdland County employs no juven$.le officer because 
Hon. Joseph H. MlmS, page 2 (V-915) 

until the enactment of House Bill 54, the salary of a 

juvenile officer for Midland County was not sufficient 

to attraot a competent person to fill the office. 

Therefore, .the question for our determination 

Is whether the language 'are employed under existing 

laws" limits the Act to those counties employing said 

officers at the effective date of the Act or applies to 

counties which employ juvenile officers in the future. 

this act shall not apply to cases now pending In which 

motions are made for new trials,' stateds 

nGr~ticallg speaking, ‘are made’ is 

the passive voice of the verb 'to make.' It 

may refer to past or to future time. When 

the reference Is to past time, it signlfles 

'have been made;' when to future time, it 

slgnlfles 'shall be msde.' Whether tested 

by grammar; or .by usage without reference to 

grammatical rules, the expression, 'cases 

now pending in which motions are made for new 

trials,' may be understood as 'cases now pending In which emotions have been made for new 

trials,' or as 'cases now pending In which motions shall be made for new trials.' The 

phrases, 'are made,' Iare done,* Iare commltted,' 'are paid,' 'are satlsfied,P etc., used 

in the sense of Ishall be made,' shall be 

done,' 'shall be conrmitted,q shall be paid,' 

shall be satisfied,' etc., may be found scattered up and down through the whole lbange of 

statute law. No doubt the Instances of the 

*shall be' sense are much more numerous in 

our statutes than Instances of the 'have been' 

sense, for the reason #at It Is the business 

of the statutes to provide and prescribe for 

the future, not for the past." 

Article 10, Vernon's Civil Statutes, provides 

In part as followss 

"The following rules shall govern in the 

construction of all civil statutory enactments: . . . 

*2. The present or past tense Shall Include the future.? 
Hon. Joseph H. Mlms, page 3 (V-915) 

In view of the foregoing, It is our opinion 

that the words "are employed" refers to future time as 

well as present or past time. This conclusion is supported by the fact that a serious question as to the 

constitutionality of the Act would be raised if its provisions were limited only to a designated class of counties to which all other counties would be forever'barred. 

The Bill contains no provision showing such was the Legislature's Intention. On the oontrary, it is clear that 

the Legislature intended the Act to apply to all counties of 190,000 Inhabitants or less who employ juvenile 

officers whether at present or ln the future. 

Therefore, It is our oplnlon, that If a juvenile officer is appointed in Midland County, his compensation would be governed by the provisions of House Bill 

54 of the 51st Legislature. 

SUMMARY 

The compensation of any juvenile officer 

employed by Midland County is governed by the 

provisions of House Bill 54 of the 51st Legislature, the provisions of said Act being 

applicable to all counties in which juvenile 

officers are employed. 

Yours very truly, 

ATTORNNY GENRML OF TEXAS 

JR:w;bh Assistant