No. V-0068 (1947).

• Case Date: March 06, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0068 (1947). 1March 6, 1947Hon. Grady Moore, ChairmanCommittee on CountiesHouse of RepresentativesAustin, TexasOpinion No. V-68Re: Constitutionality of H.B. 31, 50th Legislature, concerning salaries of sheriffs and their deputies in counties in having a population of not less than 10,000 nor more than 20,000 inhabitants.Dear Mr. Moore:Your request for an opinion from this Department on the above subject matter is as follows:

"It is requested that an opinion be rendered on H. B. No. 31 by Hughes, a copy of which is enclosed. This information as to the legality of the measure would be appreciated as soon as possible."

Section 1 of H. B. 31 reads as follows:

"In all counties of the State of Texas having a population of not less than Ten Thousand (10,000) and not more than Twenty Thousand (20,000) inhabitants according to the last Federal Census, Commissioners Courts of such counties shall, from and after effective date of this Act, compensate the sheriffs of such counties upon an annual salary basis and shall fix the salaries of such sheriffs in such counties at not less than Three Thousand ($3000.00) Dollars per annum payable in twelve (12) equal monthly installments out of the General Fund of such county by warrant drawn upon said fund."

Article 16, Section 61, of the Texas Constitution reads in part as follows:2

"All district officers in the State of Texas and all county officers in counties having a population of 20,000 or more, according to the then last preceding Federal Census, shall from the first day of January and thereafter, and subsequent to the first Regular or Special Session of the Legislature after the adoption of this Resolution, be compensated on a salary basis. In all counties in this State, the Commissioners' Court shall be authorized to determine whether precinct officers shall be compensated on a fee basis or on a salary basis; and in counties

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