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

County Attorney Midland County ,Re: Applicabilityto Midland

. Midland, Texas County of H. B. Ro. 54, 51st Leg., relative to the compensationof county juDear Sir: venlle officers.

You have requestedan opinionas to whether the provisions of House Bill Ro. 54 of the 51st Legislature, relative to the compensationof county juvenile officers,.

are applicableto 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 ProbationOfficers and their assistants, and provide for their expenses,without : limitation. Provided, that ln countieswhere there is a Juvenile Board, said Board shall recommend the salary to be paid to such Juvenile Officer or ProbationOfficer and their assistants,which salary shall be approvedby the CommissionersCourt; and provided, further, that no Juvenile Officer or Probation Officer, or their assistants,shall be paid a salary less than that now providedby existing laws. The Commissioners Court is authorized in its discretionto furnish such Juvetile Officers or Probation Officersan automobile and provide an allowance for the expense of operatingthe 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 futureFederal Census.

You state in your request that at the present time Wdland County employsno juven$.le officer becauseHon. Joseph H. MlmS, page 2 (V-915)

until the enactmentof House Bill 54, the salary of a juvenile officer for 

### Midland County was not sufficient to attraot a competentperson to fill the office.

Therefore, .the

question for our determination Is whether the language 'are employedunder existing laws" limits the Act to those counties employing said officers at the effectivedate of the Act or applies to countieswhich 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 'havebeen made;' when to future time, it slgnlfles 'shallbe msde.' Whether tested by grammar; or .byusage without reference to grammaticalrules, the expression, 'cases
now pending in which motions are made for new trials,'may be understoodas 'casesnow pending In which emotions have been made for new trials,' or as 'casesnow pending In which motions shall be made for new trials.' The phrases, 'aremade,' Iare done,* Iare commltted,' 'arepaid,' 'are satlsfied,Petc., used in the sense of Ishallbe made,' shall be done,' 'shallbe 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 *shallbe' sense are much more numerous in
our statutes than Instances of the 'havebeen' sense, for the reason #at It Is the business of the statutesto provide and prescribe for the future, not for the past."

Article 10, Vernon's Civil Statutes, provides In part as followss

"The followingrules shall govern in the constructionof 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 conclusionis supported by the fact that a serious questionas to the constitutionality

of the Act would be raised if its provisions were limited only to a designatedclass of counties to which all other countieswould be forever'barred. The Bill containsno provision showing such was the Legislature's Intention. On the oontrary,it is clear that the Legislatureintended the Act to apply to all counties of 190,000 Inhabitantsor less who employ juvenile officerswhether 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 provisionsof House Bill 54 of the 51st Legislature.

SUMMARY

The compensationof any juvenileofficer employedby Midland County is governedby the provisions of House Bill 54 of the 51st Legislature, the provisions of saidAct being applicableto all counties in which juvenile officersare employed.

Yours very truly,

ATTORNNYGENRML OF TEXAS

JR:w;bh Assistant