### 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 ofArticles 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: "Theoffice of elective county superintendent of Galveston County has been abolished under the provisions of Section l(b),Article 2688h, and the County Judge isperforming such additional duties as areprescribed therein.
"Anannual compensation of $2,650 to the County Judge from 'county funds' for theperformance of the additional duties ispermissible under Section l(b), supra, with nomention made for an assistant salary nor for office and travel expense. "Forpurposes of this Agency, we need and would appreciate receiving fromyour office an opinion on the following question(s):
"DoArticles 2701 and 3888have application to allow payment from State or County Available School Fund of compensation to aCounty Judge to the extent authorized in Section l(b),Article 2688h, office and travel expense, and/or salary for an assistant forperformance of duties prescribed inArticle 268811,Section l(b)? "Transmitted herewith is correspondence this Agency has had in connection with thematter, which contains factual information and references which may prove of some assistance inreview of the inquiry."

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The office of county superintendent of Galveston County, under the facts submitted, was abolished pursuant to the provisions ofArticle 2688h,Vernon's Civil Statutes, and the County Judge of Galveston County isperforming the duties of county superintendent. Section l(b) ofArticle 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."
Itwas held inAttorney General's Opinion WW-1495 (1962)that aCounty Judge of a county which abolishes the office of county superintendent under theprovisions of Section l(a) ofArticle 2688h isnot authorized tohave an assistant or receive any compensation under theprovisions ofArticle 3888,Vernon's Civil Statutes. Attorney General's Opinion C-41 (1963) stated thatwhere 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 thisview by the fact that the Legislature in enacting Article 2688L (notapplicable to Galveston County) specifically authorizxtravel and office expenses tobe used by the County Judge performing theduties of ex officio county superintendent and topay such expenses from the State Available School Fund. Had the Legislature intended the same for counties governed by theprovisions of Article 2688h, the Legislature would have undoubtedly provided similar appropriate language inArticle 2688h rather than the language actually used. SUMMARY

Where the office of county superintendent is abolished under Section l(b) ofArticle 2688h, Vernon's Civil Statutes, and the duties of the office are assumed by the County Judge, he isnot 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) ofArticle 2688h.

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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 RoyMouer
A. J. CARUBBI, JR. Executive Assistant

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