No. V-0073 (1947).

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

Texas Attorney General Opinions 1947. No. V-0073 (1947). 1March 6, 1947Hon. John F. MayDistrict AttorneyKarnes CountyKarnes City, TexasOpinion No. V-73Re: Maximum salary of District Clerk and County Treasurer of Karnes County, Texas.Dear Sir:We quote the following letter from your District Clerk, Mr. Marvin F. Kolinek, which he wrote at your suggestion requesting an opinion from this office on the above subject matter:

"I have been advised by Hon. John F. May, District Attorney for the 81st Judicial District, to write you in regard to the questions I have in mind.

"First I will state a few facts for your information. We are on a salary basis. We have a population of about 20,000. We have a valuation of $11,280,000.

"As the present set up exists, the County Judge, County Clerk, Sheriff, and Tax Assessor & Collector, are receiving the maximum of $3750. 00 per year. The County Attorney receives $3000. 00 per year, and the District Clerk and County Treasurer receive $2500.00 per year.

"I will appreciate it very much if you will give me an opinion on this matter, as to whether the District Clerk and County Treasurer may receive the same salary as the County Judge, County Clerk, Sheriff and Tax Assessor and Collector."

Karnes County has a population of 19,248 inhabitants according to the 1940 Census and we are informed by the Comptroller's office that its officials are compensated on a salary basis. Therefore, the compensation of the District and County officials of Karnes County is governed by the provisions of Section 15 of Article 3912e which reads in part as follows:2

"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 basis. The Commissioners' Court in each of such counties is hereby authorized, and it shall be its duty, to fix the salaries of Criminal District Attorneys. In the event such Court passes such order they shall pay to each of said District and County officers in money an annual salary in twelve (12) equal installments of not less than the total sum earned as compensation by said officer in his said official capacity for the fiscal year of 1935 and not

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