Texas Attorney General Opinion: V-749 Page: 1 of 3
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247
THE ATTORNEY GENERAL
or TEXAS
AUsTIN, 'TmxAS
rac c DANIEL
An*roan OSAKL
December 21, 1948
Hon. Dennis Zimmermann Opinion No. V-749
County Attorney
Swisher County Re: Authority of the Commis-
Tulia, Texas sioners' Court to fix
the salary of the Con-
stable at $1.00 per year
where other precinct of-
ficers are on a "fee
basis."
Dear Sir:
Your request for an opinion is as follows:
"The County Judge and Commissioners of
this county have requested me to get your
opinion on the following question:
"Chapter 381, H.B. No. 785, 50th Regu-
lar Session, provides that in fixing the
salaries of county officials that 'no sal-
ary shall be set at a figure lower than that
paid for the Calendar Year 1946.'
"Swisher County did not have any con-
stable for 1946, 1947 or 1948. Hence no
salary was paid in 1946 for a constable.
However, at the recent election one got his
name on the ticket without the county desir-
ing or needing one, as we got along without
this extra expense the past three years.
"Can the commissioners court fix the
salary of this new elected constable at
$1.00 a year, in view of the fact that
there was no salary paid in 1946 to limit
them to not less than that amount?"
H. B. 785, Acts of the 50th Legislature, is
not applicable to salaries of precinct officers. See:
Attorney General's Opinion No. V-329, enclosed.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-749, text, December 21, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265568/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.