Attorney General Opinion WW-1144

E TT~WNETXT GENE OF XAS AusTliu 11. TEXAS September 20, 1961 Mr. Dan Sullivan 1144 Oninion No. WW-+$&+ District Attorney 109th Judicial District Andrews, Texas Re: Dear Mr. Sullivan: Whether Andrews County can legally supplement the sal- ary of the District Attorney for the 109th Judicial Dis- trict and related questions. You have requested this _ ^ . . . _ office for an opinion on the questions OS wnetner or not Anctrews County, Winkler County, and Crane County can legally supplement the salary of the District Attorney for the 109th Judicial District, and, if so, to what extent can such counties legally supplement the salary of the District Attorney. In this same connection you raised the question of what effect, if any, results from the enactment of House Bill 758, Acts of the 57th Legislature, Regular Ses- sion, 1961, Chapter 502, page 1111. Article 326k-24, Vernon's Civil Statutes, provides that: "Section 1. The District Attorney of the 109th Judicial District shall be compensated for his services by an annual salary in an amount not to exceed the salary paid to the highest paid County Attorney of any county in the said 109th J udicial District. [Emphasis added) "Section 2. The Commissioners Courts of the counties comprising the 109th Judicial Dis- trict are hereby authorized to pay the supple- ment to the salary paid the Distribt Attorney by the State in such amount that the total salary paid such District Attorney shall not exceed the maximum prescribed in Section 1 of this Act. (Emphasis added) "Section 3. The supplemental salary to be paid the District Attorney of the 109th Judicial District bv the Commissioners Courts of the counties comprising said District shall be paid on'a pro rata basis according to the population of each county listed in th 1 t preceding Federal Census." (Emphasis zdd:i) Honorable Dan Sullivan, page 2 (WW-1444) The provisions of Article 326k-24 clearly indicate that Andrews County, Winkler County, and Crane County, com- prising the 109th Judicial District, and acting through their respective Commissioners Courts, are authorized to supplement the salary of the District Attorney of the 109th Judicial District. However, this authorization to supplement the salary of the District Attorney of the 109th Judicial District Is in turn limited by the provisions of Article 326k-24. As a result of such limitations, the Commissioners Courts of Andrews County, Winkler County, and Crane County are only authorized to supple- ment the salary of the District Attorney of the 109th Judicial District, over and above the amount paid such District Attorney by the State, in an amount whereby the total salary paid such District Attorney shall not exceed the salary paid to the high- est paid County Attorney of any county comprising the 109th Judicial District. In addition, any such supplemental salary paid to the District Attorney of the 109th Judicial District by the Commls- sioners Courts of the counties comprising such Judicial District shall be paid by such counties on a pro rata basis according to the population of each county listed in the last preceding Fed- eral Census. House Bill 758, Acts 57th Legislature, Regular Session, 1961, Chapter 502, page 1111 provides in Section 1 that: "In each county of the State of Texas having a population of not less than thirteen thousand, three hundred and eighty (13,380) and not more than thirteen thousand, seven hundred (13,700) according to the last preceding Federal Census, the county and district officials are to be com- pensated as determined by the Commissioners Courts in an amount not to exceed Ten Thousand Dollars ($lO,OOO), provided no salary shall be set at a figure lower than that actually paid on the effective date of this Act." As both Andrews County (Pop. 13,450) and Winkler County (Pop. 13,652) would fall within the population bracket set forth in House Bill 758, the provisions of House Bill 758 would be ap- plicable to Andrews County and Winkler County. Consequently, neither Andrews County nor Winkler County can compensate their county or district officials in an amount exceeding Ten Thou- sand Dollars ($lO,OOO), unless at the effective date of House Bill 758 such county or district officials were being compen- sated at a rate in excess of such amount, In which event, such Honorable Dan Sullivan, page 3 (WW-1444) salary shall not be set at a figure lower than that actually paid on the effective date of House Bill 758. The effect of House Bill 758 upon Article 326k-24 is to set the maximum compensation which could be paid to the County Attorney of Andrews County and Winkler County, and this in turn would bear upon the maximum supplement which could be paid to the District Attorney of the 109th Judicial District by the coun- ties comprising such Judicial District. SUMMARY Andrews County, Winkler County, and Crane County may le,gally supplement the salary of the District Attorney of the 109th Judicial District, but such supplement is limited to the extent that such District Attorney's total salary cannot ex- ceed the salary paid to the highest paid County Attorney of any county comprising the 109th Judi- cial District. Since House Bill 758 sets the maximum compensation which can be paid county and district officials in Andrews County and Winkler County, such limitation would affect the maximum supplement which could be paid the District Attorney of the 109th Judicial District by the counties comprising such Judicial District. Yours very truly, WILL WILSON Attorney General PB:lgh/ds Pat Bailey Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Riley Eugene Fletcher J. C. Davis 3. T. Walker T. B. Wright REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.