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Hon. Fred L. Blundell OpinionNo. O-4592 DistrictAttorney Re: Under the facts submittedcan the commis- Lockhart,Texas sionerscourt place a constableof one precinct on a salarybasis without treatingall other constablesof otherprecinctsin the county on Dear Sir: a similarbasis,and anotherquestion?
Your letter of Nay 12, 1942, requestingthe opinionof this de- partment,reads as follows:
"Becauseof the urgencyof nrovidinga way of assisting in law enforcementat Luling,theCommissioners'Courtof this countywould appreciateas speedya reply as possibleto the questionsinvolvedin the attachedstatementof the subject matter.
"We will appreciateany informationon the matter that you can give so that the -courtcan act in the matter, if there is anythingthey can do."
::equote the statementaccompar@ng your inquiry,which is as follows:
"IN Ia: Constable'sSalary or Pay of Prec. Two, Caldwell Co. Texas.
"A history of the point inquiredabout arises out of the fact that the presentConstableof said precinctis a valuable law enforcementofficerresidingwithin said precinctat Luling, Texas, in which city one deputysheriffresides. He enforces the law well and the people of the precinctand city want to keep him, but the fees of his office are insufficientfor his maintenanceand a fair possibilityezdstsof his resigningun- less somethingcan be done.
"Art. 3912e (Sec. 17) providesthat on the fee basis unless the commissionerscourt determinesotherwise; all constablesof this county are now on a fee basis; none of the Justices of the Peace or Constablesfees in this county go into the Officers'Salary Fund as providedin said article;the people of Luling want for their said constablesome augmentation of his fees by act of the Commissioners'Court of the county if this is possible. ,-
Hon. Fred L. Blundell,page 2 (O-&92)
"QuestionOne: Under the above facts can the Commissioners' Court place said constableof said PrecinctTwo on a salary basis without at the same time treatingall other constables of the other precinctswithin the county on a similarbasis?
"QuestionTwo: If the above questionis answeredin the affirmative,could said Commissioners' Court pay in part or in whole said constable'ssalary out of the GeneralFunds of the County,or out of any particularfund, such as the Road & Bridge Fund of said precinct,or the area of the countywithin said precinct? In clarificationof this last question,I will explainthat the area of Justice PrecinctNo. Two has the same limits as said Road & BridgeFund No. 2 and of Commission- ers' PrecinctNo. Two of said county. The people of said area and.citysubmit the questionthat as itis their taxes that make up the funds of said Fund No, 2 and as they need this pro- tectionfrom said constablethat they would not objectto at least part of said constable'ssalarybeing paid out of said fund if possible.
'As said constableis contemplatingtaking other employment, more compensative, unless somethingis or can be done, it is urged that a reply to the above be given as soon as possible, as they thirk law enforcementin their vicinitywill suffer un- less a way can be found to relievethe presentsituation."
This departmenthas heretoforeruled on severalquestionssimilar to the questionspresentedin your inquiry. In our opinionNo. O-516 (con- ferenceopinionNo. 30&), this departmentheld:
"The consnissioners court is without authorityto place one precinctofficerupon a salary basis