No. V-0002 (1947).

• Case Date: January 14, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0002 (1947). 1January 14, 1947Honorable S. M. PlilerCounty AuditorTaylor CountyAbilene, TexasOpinion No. V-02Re: Under the given facts can the Commissioners' Court of Taylor County grant an increase in salary of the County Treasurer, under the provisions of Senate Bill 123, Regular Session, Forty-ninth Legislature?Dear Sir:Your request for an opinion has been received and carefully considered by this Department. We quote from your letter as follows:

"The Treasurer of Taylor County, up to this time, has received as compensation Two Thousand Dollars annually. He has made application to the Commissioners' Court for an increase of Five Hundred Dollars annually and has requested that this increase in salary be made retroactive to the date when he was first entitled to make application for increase in salary under recent legislation, particularly Senate Bill No. 123.

"Please advise me if the Commissioners' Court may grant the increase in salary, and also advise if the increase in salary may be made retroactive."

In 1940 the Federal Census showed the population of Taylor County to be forty-four thousand one hundred forty-seven (44,147). The tax valuation of Taylor County is Twenty-one Million One Hundred Ninety Thousand Dollars ($21, 190,000.00). Section 13 of Article 3912e, V. A. C. S., is in part as follows:

"The Commissioners' Court in counties having

2a population of Twenty Thousand (20,000) inhabitants or more and less than one hundred and ninety thousand (190,000) inhabitants according to the last preceding Federal Census is hereby authorized, and it shall be its duty, to fix the salaries of all the following named officers, to-wit: Sheriff, Assessor and Collector of Taxes, County Judge, County Attorney, including Criminal District Attorneys and County Attorneys who perform the duties of District Attorneys, District Clerk, County Clerk, Treasurer, Hide and Animal Inspector. Each of said officers shall be paid in money an annual salary in twelve 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 amount allowed such officer under laws existing on August 24, 1935; provided that in counties having a population of twenty thousand (20,000) and less than thirty-seven...