R- 101 

March 6, 1947 

Hon. Grady Moore, Chairman 

committee on counties 

House of Representatives 

Austin, Texas 

Dear Mr. Moore: 

Opinion Ro. V-68 

Re: Constitutionality 

of H,Ei. 31, 50th 

Legislature, concerning salaries 

of .sheriffs and 

their a8puti88 in 

counties having a 

population or not 

less than 10,000 

nor more than 

20,000 inhabitants. 

Your request for an opinion from this Department on the above subjeot matter is as follows; 

“It is requested that an opinion be 

rendered on H. B. Wo. 31 by Hughes, a copy 

of which is enclosed. This information as 

to the legality of the measure would bo 

appreciated as soon as possible.” 

Seation 1 of H, B. 31 reads as follows: 

*In all counties of the State of Texas 

havi”fi: 

a population of not leas than Ten Thousand 1O;OOO) and not more than Twenty Thousand (20,000) inhabitants according to the 

last Federal Census; Commissioners Courts of 

such counties shall, froa and after effeotive 

date of this Aot, compensate the sherirrs of 

suoh counties upon an annual salary baals and 

shall fix the salaries of such sheriffs ia 

such counties at not less than Three Thousand 

(4)3000,00) Dollars per annum payable in twelve 

(12) equal monthly installments out of the 

General Fund of such county by warrant drawn 

upon said fund,” 

Article 16, Section 61, of the Texas Constid 

tution reads in part as follows: 
Hon. Grady Moore - Page 2 (V-60) 

"All district officers in the State 

of Texas and all county officers in oeunties having a population of 20,000 or more, 

according to the then last preceding Fdoral Census, shall from the first day ef 

.Januarp and thereafter, and subsequent te 

the first Regular or Spoolal Srssion of the 

Legislature after the adoption of this Resolution, be compensated on a salary basis, 

In all countlra in tkis State, the Commissionez%a* 0etlrt shall be authorized to aeternine whether precinct officers rhall be qempensated on a fee basir or on a salary basis; 

and in counties having a population of less 

than 20,000 according t‘;; the,then last preceding Federal Census, the Commissioners' 

Court shall also have the.author&ty to de- . 

IermIne whether county officers shall be 

compensated on a fee basis,or on a salary 

basis." (Underscoring oura) 

The underlined portion of the above quoted 

Seotisn of the Constitution gives the Commissloners~ 

Courts (in counties having a popnlstien of less than 

20,000 inhabitants) "authority to determine whether OOPIW 

ty officials shall be comprnsatod en a fee basis or on a 

salary basis". Section 1, House Bill 31, makes it mandatory that the Commissioners *Courts, in counties having 

a population of not less than 10,000 nor moro than 20,~ 

000 inhabitants, oomprn$ate the sheriffs thereof on an 

annual salary basis. From reading these two provisions, 

it can readily be seen that Section 1 of the above Bill 

is in irreconcilable conflict with Section 61, Article 

16 of the Texas Constitution. Therefore, it is our opinion that House Bill 31 is unconstitutional+ 

House RI11 31, 50th Legislature, making 

It mandatory that the Commissioners1 Courts 

(in counties having a population of not loss 

than 10,000 nor more'than 20,000 inhabitants) 

compensate the sheriffs and their deputies on 

an annual salary basis is in conflict with 

. . 
Hon. Grady Moore - Page 3 (V-68) 

the provisions of Section 61, Article 16 

of the Constitution, and therefore it is 

unconstitutional. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

JCD:djm:wb 

APPROWD 

OPIRIOW COMMITTRB 

BY BWB 

CRAIRMBN 

APPROVED-MARCH 6, 1947 

EL, &iiLiJ 

ATTORNEY GENERAL