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 a8puti88in countieshaving a populationor not less than 10,000 nor more than 20,000 inhabitants.

Your request for an opinion from this Department on the above subjeotmatter 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 measurewould bo appreciatedas soon as possible.” Seation 1 of H, B. 31 reads as follows: *In all counties of the State of Texas havi”fi: a populationof not leas than Ten Thousand 1O;OOO) and not more than Twenty Thousand (20,000)inhabitantsaccording to the last Federal Census; Commissioners Courts of such counties shall, froa and after effeotive date of this Aot, compensatethe sherirrsof suoh countiesupon an annual salary baals and shall fix the salariesof such sheriffsia such countiesat not less than Three Thousand (4)3000,00)

Dollars per annum payable in twelve (12) equal monthly installmentsout 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 populationof 20,000 or more, according to the then last precedingFdoral Census, shall from the first day ef .Januarp

and thereafter,and subsequentte the first Regular or Spoolal Srssion of the Legislatureafter the adoption of this Resolution, be compensated on a salarybasis, In all 

### countlra

in tkis State, the Commissionez%a*

0etlrt shall be authorizedto aeternine whether precinct officers rhall be qempensated on a fee basir or on a salarybasis; and in countieshaving a populationof less than 20,000 accordingt‘;; the,then last preceding Federal Census, the Commissioners' Court shall also have the.author&ty to de-

. IermIne whether county officers shall be compensatedon a fee basis,or on a salary basis." (Underscoring oura) The underlinedportion of the above quoted Seotisn of the Constitution gives the Commissloners~ Courts (in countieshaving a popnlstienof less than 20,000 inhabitants)"authorityto determinewhether OOPIW ty officials shall be comprnsatoden a fee basis or on a salary basis". Section 1, House Bill 31, makes it mandatory that the Commissioners * Courts, in countieshaving a population of not less than 10,000 nor moro than 20,~ 000 inhabitants,oomprn$atethe sheriffsthereof on an annual salary basis. From reading these two provisions, it can readilybe seen that Section 1 of the above Bill is in irreconcilable conflictwith 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 countieshaving a populationof not loss than 10,000 nor more'than 20,000 inhabitants) compensatethe sheriffsand their deputies on an annual salary basis is in conflictwith . .Hon. Grady Moore - Page 3 (V-68)

the provisionsof 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