No. V-0029 (1947).

• Case Date: January 27, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0029 (1947). 1January 27, 1947Honorable George H. SheppardComptroller of Public AccountsAustin, TexasOpinion No. V-29Re: Apportionment appropriation, availability of for Cameron and Willacy Counties under Acts 1945, 49th Leg., R.S., Judiciary-Appropriation, Sec. 11, p. 957, Article 3912e, Section 13 (b) and Section 15 (a), V.A.C.S., for January, 1947, to August 31, 1947, inclusive.Dear Sir:We acknowledge your letter of recent date requesting an opinion from this Department on the subject matter therein set out, in substance, as follows:

Under Acts 1945, 49th Legislature, House Bill 574, at page 472, designated Article 199, District 107 in Vernon's Annotated Civil Statutes, second paragraph of Section 4 reads:

"The County Attorneys of Willacy and Cameron Counties shall, respectively, from and after the effective date of this Act, represent the State of Texas in all matters now handled by the above mentioned Criminal District Court within said respective County."

In 1940 Cameron County had a population of 83,202, and Willacy County a population of 13,030. In both counties, county officers are paid on a salary basis.

For the period September 1, 1946, to December 31, 1946, the first four months of the current State fiscal year, the Comptroller's Department has been paying the apportionment appropriation to 33 counties under provision of Article 3912e, Section 13(b),

2

Vernon's Annotated Civil Statutes. Willacy and Cameron Counties will be eligible for this apportionment effective January 1, 1947.

I call your attention to Acts 1945, 49th Legislature, Appropriation--Judiciary, that part designated, Judiciary Section--Comptroller's Department, Section 11, at page 957, which provides an apportionment appropriation "(for thirty-three counties in 1940, as per subsection B, Section 13, Chapter 465, Acts 44th Legislature)." Willacy and Cameron Counties will make a total of thirty-five counties eligible under this apportionment.

Question: Is there any appropriation available for apportioning monies to these two counties in accordance with and under the provisions of Article 3912e, Section 13(b), Section 15(a), Vernon's Annotated Civil Statutes and Acts 1945, 49th Legislature, Appropriation--Judiciary, Judiciary Section--Comptroller's Department, Section 11, page 957?

Article 3912e...