any particularpersons,as set forth on the schedulesubmitted,as home of the ealariespaid euch person6 are lese than those authorizedby law. In our opinion,Article3912e., Section lg(f-l),fully authorlzedall of the salariesshown in the echedule, eince Bexar County had a populationof 338,776 under tha Federal Censurof 1940 and such statuteapplied to the districtattorneyor the criminaldistrictattor- ney, in any countyhaving a populationof not less than 325,000nor more than 500,000accordingto the laet precedingFederalCensus.
Your scheduleshows twelve assistantcriminaldistrictattorneys for each of the three years. In 1942 the followingsalarieswere paid: one assistantat $4,500.00,three at $4,200.00,two at $3,600.00,two's& $3,000.00, and four at $2,700.00. In 1943 the followingsalarieswere paid eaid assistants: two at $4,500.00,one at $4,200.00,three at $3,600.00, three at $3,000.00, and three at $2,700.00, And, in 1944 the followingsalarieswere paid said assistants: two at $4,500.00, one at $4,200.00,three at $3~,600.00,three at $3,000.00, and three at $2,7OO,OO. The statuteabove referredto authorizes the criminaldistrictattorneyto appointnine assistantsand to fix their salariesat a rate not to exceedthe followingamounts: two at $4,500.00per .annumeach, two at $4;200.00per annum each, one at $3,600.00per annum, one at $3,OOO.Q0per annum, and three &$2,7OO.O0 per annum ea.ch. In addition. to those, the criminaldistrictattorneywas author.ized.to appoint,with the advice and consentof the'Commissioners' Court, the followingadditionalas- sistantsand pay them the.salariesstated,to-wit,one at * salarynot to ex- ceed $4,250.00 per annum; one not to exceed$3,600.00 per annum; one not to exceed $3,000.00per annum; and two not to exceed $2,7OO.OOper annum;and one not to exceed$2,,400.00 per annum.
House Bill No. 849, Ch. 271, pb 428, Vernon% Texas SessionLaw Serv- ice, passed by the last Legislatureand which became effectiveninety (90) days after June 5, 1945, date of adjournment,applies,tocountieshavinga popula- tion of 225,000or more*andless than 500,OOO~according to the last preceding Federal Census,and fixes the Galariesof criminaldistrictattorneysin md.~ countiesat $6,500.00up to January1, 1946, and at $7,400.00after that date. Our OpinionNo. o-6728, a copy of which we hand you herewith,holds House BFll . Noa 849 to be'in irreconci+able conflictwith SenateBill No. 246 insofaras said bills apply to Bexar County. Therefore,SenateBilI,No.246 will control the salaryof the criminaldistrictattorneyin Bexar County.
SenateBill No. 246, Ch. 312, p. 510, of said Law Service,applies to countiesin this State having a populationof not less than 300,000nor more than 500,000accordingto the last precedingFederalCenBus. This law became ef?ectiveon June 2, 1945, and governsthe salaryof the criminaldis- trict attorneyfn Bexsr County after that date. This law authorizeshis salary to be $7,700.00per annum, and it also authorizesan increaseof 15% on the . .
Hoq. C. H. Cavnem, page 7 (O-6676)
salariesof the assistants,such increaseto be based on the salariesof March 15, 1945. Said law also repeal6Article3912e-1,Vernon'eAnnotatedCivil Statutea,which in the law hereinbeforeaet out a8 fixingthe salary of the criminaldistrictattorneyfor the years referredto by you.
As to those two referredto on your schedulefor 1944, one at a salary of $3,000.00,the other at $2,700.00,whether or not the apportionment made on their salarieswa8 legal,would dependentirelyupon whetheror not they actuallyservedas such assistants.~If they did not eerve,then they should not have been includedin the apportionment,a8 the holdingmade In our Opinion No. 0-6226 that the calculationshouldbe based on the amount actuallypaid is evidentlycorrect.
Article 3912e, Section13,