No. V-0010 (1947).

• Case Date: February 10, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0010 (1947). 1February 10, 1947Hon. Donald E. TracyCounty AuditorWinkler CountyKermit, TexasOpinion No. V-10Re: Authority of the Commissioners' Court to increase the salary of County Judge, County Clerk, County Treasurer, County Assessor-Collector of Taxes, Sheriff, Justice of the Peace and Constable.Dear Sir:We have received your letter of recent date requesting an opinion of this department upon the above subject matter. Your letter reads as follows:

"I would like your opinion on the following questions based on the following facts.

"(1) Can the Commissioners Court increase the salaries of the County Judge, County Clerk, County Treasurer, County Tax Assessor-Collector, Sheriff, Justices of the Peace, and Constables, by 9% over and above the salaries paid in 1946 for the year 1947.

"(2) Under Article 1646, Vernon's Civil Statutes, the County Auditor may be paid a sum not to exceed that paid to the Tax Assessor-Collector, but under Article 1645, the County Auditor may be paid on the basis of $125 per million dollars valuation not to exceed $3,600.00 per annum. Which of these statutes apply to Winkler County and what is the maximum salary that may be paid the County Auditor for the year 1947.

"The facts which I believe affect the above questions are as follows:

"(a). The population of Winkler County according to the last Federal Census in 1940 is 6,141.

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"(b). The valuation as shown by the last approved tax roll is $31,607,470.00.

"(c). In 1945 the commissioners court granted a 25% increase in salary to the above named officials in question (1), under Article 3912e, Section 15-b, and also a 11% increase in salary under Article 3912e, Section 15.

"(d). The valuation on the last approved tax roll which was the basis for the increase in 1945 was $20,819,098.00."

According to the records of the Comptroller's Office, the county and precinct officials of Winkler County are compensated on a salary basis.

Section 15 of Article 3912e provides in part as follows:

"The Commissioners' Court in counties having a population of less than twenty thousand (20,000) inhabitants, according to the last preceding Federal Census at the first regular meeting in January of each calendar year, may pass an order providing for compensation of all county and precinct officers on a salary

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