Texas Attorney General Opinion: MS-64 Page: 2 of 2
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Hon. G. Curtis Jackson, page 2 (MS-64)
"Sec. 3. All of such officers who were
paid on a fee basis during the fiscal year
of 1948, and who are now to be paid on a salary
basis, shall be paid in annual salary in
twelve (12) equal installments of not less than
the total sum earned as compensation by him in
his official capacity for the fiscal year of
1935, and not more than the maximum sum allowed
such officer under the laws existing on August
24, 1948, together with the twenty-five (25%)
per cent increase allowed by this Act within
the discretion of the Commissioners Court."
Since Zavala County was on a fee basis in 1948,
Article 3912e-12, V.C.S., has no application to the compensa-
tion of county officials. In 1948 the compensation of county
officials was governed by the provisions of article 3883 and
3891, V.C.S., and their maximum was $3750.00 ($3000.00 plus
$750.00). Article 3912g authorizes an additional increase
not to exceed $937.50 (25% of $3750.00). Therefore, the maxi-
mum compensation of the county officials in Zavala County is
$4687.50 ($3750.00 plus $937.50). Att'y Gen Op. V-1327
(1951), copy of which is enclosed.
Section 1 of Article 3912g provides that the Commis-
sioners' Court cannot raise the salary of any member of the
Commissioners' Court under the terms of Article 3912g without
raising the salaries of the remaining county officials in like
proportion. Therefore, if the Commissioners' Court authorizes
a 25% increase under Article 3912g for County Commissioners,
it must pay the remaining County officials $4687.50. Att'y
Gen. Ops. V-864 (1949), V-1004 (1950), V-1279 (1951).
Under the facts submitted in your request, the Com-
missioners' Court has passed a retroactive order which at-
tempts to raise the compensation of the County Commissioners
for the years 1943, 1949 and 1950. Such an order is void being
in violation of Section 53 of Article III of the Constitution
of Texas. Att'y Gen. Op. 0-5104 (1943).
Yours very truly,
JOHN BEN SHEPPERD
Attorney General
JR amnwb By
John Reeves
Endl. Assi stant
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MS-64, text, June 23, 1953; (https://texashistory.unt.edu/ark:/67531/metapth275930/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.