Texas Attorney General Opinion: M-275 Page: 2 of 3
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Hon. J. W. Edgar, page 2 (M-275)
The office of county superintendent of Galveston
County, under the facts submitted, was abolished pursuant to
the provisions of Article 2688h, Vernon's Civil Statutes, and
the County Judge of Galveston County is performing the duties
of county superintendent. Section 1(b) of Article 2688h specif-
ically provides:
". . . provided further, that said county
judges may receive additional compensation as
a result of these additional duties from county
funds, but in any event not to exceed Two Thou-
sand Six Hundred Fifty Dollars ($2,650) per
annum."
It was held in Attorney General's Opinion WW-1495
(1962) that a County Judge of a county which abolishes the of-
fice of county superintendent under the provisions of Section
1(a) of Article 2688h is not authorized to have an assistant
or receive any compensation under the provisions of Article
3888, Vernon's Civil Statutes. Attorney General's Opinion
C-41 (1963) stated that where the office of county superin-
tendent is abolished under Article 2688h, the County Judge is
not entitled to any extra compensation, assistant or any office
and travel expense.
We reaffirm Attorney General's Opinion WW-1495 as
modified by Attorney General's Opinion C-41.
We are supported in this view by the fact that the
Legislature in enacting Article 2688L (not applicable to
Galveston County) specifically authorized travel and office
expenses to be used by the County Judge performing the duties
of ex officio county superintendent and to pay such expenses
from the State Available School Fund. Had the Legislature
intended the same for counties governed by the provisions of
Article 2688h, the Legislature would have undoubtedly provided
similar appropriate language in Article 2688h rather than the
language actually used.
SUMMARY
Where the office of county superintendent is
abolished under Section 1(b) of Article 2688h,
Vernon's Civil Statutes, and the duties of the of-
fice are assumed by the County Judge, he is not
entitled to office and travel expense and/or
salary for an assistant, in addition to the $2,650.00
compensation provided for in Section l(b) of Arti-
cle 2688h.- 1335-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-275, text, September 10, 1968; (https://texashistory.unt.edu/ark:/67531/metapth269495/m1/2/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.