THE ~ITTCBRNE GENERAL 

OFTEXAS 

Avwrm. TEXAR 78111 I This Opinion 

I 

Affirms Opinion I 

#“LZLkk.~/~~~- 

September 10, 1968 I 

Honorable J. W. Edgar Opinion No. M-275 

Commissioner of Education 

Texas Education Agency Re: May a County Judge receive 

201 East 11th Street compensation from the State 

Austin, Texas 78711 or County Available School 

Fund by virtue of Articles 

2701 and 3888, V.C.S., to 

the extent authorized in 

Section l(b), Article 2688h, 

office and travel expense, 

Dear Dr. Edgar: and related question. 

Your request for an opinion reads as follows: 

"The office of elective county superintendent 

of Galveston County has been abolished under the 

provisions of Section l(b), Article 2688h, and the 

County Judge is performing such additional duties 

as are prescribed therein. 

"An annual compensation of $2,650 to the County 

Judge from 'county funds' for the performance of the 

additional duties is permissible under Section l(b), 

supra, with no mention made for an assistant salary 

nor for office and travel expense. 

"For purposes of this Agency, we need and 

would appreciate receiving from your office an 

opinion on the following question(s): 

"Do Articles 2701 and 3888 have application 

to allow payment from State or County Available 

School Fund of compensation to a County Judge to 

the extent authorized in Section l(b), Article 

2688h, office and travel expense, and/or salary 

for an assistant for performance of duties prescribed in Article 268811, Section l(b)? 

"Transmitted herewith is correspondence this 

Agency has had in connection with the matter, which 

contains factual information and references which 

may prove of some assistance in review of the inquiry." 

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Hon. J. W. Edgar, page 2 (M-275) 

The office of county superintendent of Galveston 

County, under the facts submitted, was abolished pursuant to 

the provisions of Article 2688h, Vernon's Civil Statutes, and 

the County Judge of Galveston County is performing the duties 

of county superintendent. Section l(b) of Article 2688h specifically provides: 

II 

. . . provided further, that said county 

judges may receive additional compensation as 

a result of these additional duties from county 

funds, but in any event not to exceed Two Thousand Six Hundred Fifty Dollars ($2,650) per 

annum." 

It was held in Attorney General's Opinion WW-1495 

(1962) that a County Judge of a county which abolishes the office of county superintendent under the provisions of Section 

l(a) of Article 2688h is not authorized to have an assistant 

or receive any compensation under the provisions of Article 

3888, Vernon's Civil Statutes. Attorney General's Opinion 

C-41 (1963) stated that where the office of county superintendent is abolished under Article 2688h, the County Judge is 

not entitled to any extra compensation, assistant or any office 

and travel expense. 

We reaffirm Attorney General's Opinion W-1495 as 

modified by Attorney General's Opinion C-41. 

We are supported in this view by the fact that the 

Legislature in enacting Article 2688L (not applicable to 

Galveston County) specifically authorizxtravel and office 

expenses to be used by the County Judge performing the duties 

of ex officio county superintendent and to pay such expenses 

from the State Available School Fund. Had the Legislature 

intended the same for counties governed by the provisions of 

Article 2688h, the Legislature would have undoubtedly provided 

similar appropriate language in Article 2688h rather than the 

language actually used. 

SUMMARY 

Where the office of county superintendent is 

abolished under Section l(b) of Article 2688h, 

Vernon's Civil Statutes, and the duties of the office are assumed by the County Judge, he is not 

entitled to office and travel expense and/or 

salary for an assistant, in addition to the $2,650.00 

compensation provided for in Section l(b) of Article 2688h. 

- 1335 - 
. . 

Hon. J. W. Edgar, page 3 (M-275) 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

James Quick 

Bill Allen 

Jack Sparks 

Roy Mouer 

A. J. CARUBBI, JR. 

Executive Assistant 

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