Texas Attorney General Opinion: V-749 Page: 2 of 3
3 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
28
Hon. Dennis Zimmermann, page 2 (V-749)
H. J. R. 36, of the 50th Legislature, recent-
ly adopted by the people, amended Article XVI, Section
61, of our State Constitution so as -to-lasce---the con-
stable, among other officers, on a salary basis begin-
ning January 1, 1949.
In answer to our recent request for additional
information you stated that the Commissioners' Court of
Swisher County plans to pay the constable a salary of
$1.00 per year beginning January 1, 1949, and compen-
sate all other precinct officers on a "fee basis."
The minimum salary of a constable where the
Commissioners' Court has placed all the precinct offi-
cers on a "salary basis" is not less than the total
sum earned by such officer in his official capacity for
the fiscal year 1935. Article 3912e, Sees. 15 and 17,
V. C. S.
Article 3912e, Sec., 13, V. C. S. is only ap-
plicable to counties having a population of 20,000 in-
habitants, or more, and less than 190,000 inhabitants.
Articles 3883 and 3891, V. C. S. are applicable only to
county or precinct officers who are compensated on a
"fee basis."
At the present time there is no statutory pro-
vision fixing the salary of a constable in a county
where the Commissioners' Court has placed the other pre-
cinct officers on a "fee basis." Therefore, until such
time as the Legislature enacts some provision 'applica-
ble to such officer, we must look solely to the provi-
sions of Article XVI, Section 61, of our State Consti-
tution, as .amended, for the authority of the Commis-
sioners' Court of those counties where the other pre-
cinct officers are compensated on a "fee basis" to
pay the constable a salary. Article XVI, Sec. 61, as
amended, provides, in part:
"In all counties in this State, the Com-
missioners Courts shall be authorized to de-
termine whether precinct officers shall be
compensated.on a fee basis or on a salary
basis, with the exception that it shall be
mandatory upon the Commissioners Courts, to
compensate all constables, deputy constables
and precinct law enforcement officers on a
salary basis beginning January 1, 1949. .."
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-749, text, December 21, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265568/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.