Texas Attorney General Opinion: O-4323 Page: 3 of 4
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Honorable E. Bayne Satterfield, Commissioner, Page 5
The Legislature has not seen fit to define what it
meant by the term "alary or aampensation." The t era salary
is defined in Webster's International Dietionary as beings
"The recompense or compensation paid, or stipulated
to be paid, to a person at regular intervals for service,
especially to holders of official, executiVe or clerical
positions; fixed compensation regularly paid, as by the
year, quarter, month or week."
The same authority defines the term compensation as
being:
,?That which constitutes, or is regarded as. a equiva-
lent or retompense; that which makes good the lack of varia-
tion of something else; that which compensates for loss or
privation; ameos; reunneration; recompense."
A reading of the entire bill discloses that the words
"salary or compensation" are n uatused except in section 10. 1h
other parts of the bill the word "salary" alone is used
As stated in your questian No. 1, tbe salary of the
fireman was $150.00 per month but the fireman actually received
only $100.00 due to deductions for losses of time.
After a consideration of the bill as a whole, the
purposes of the Aet and the manner of carrying out the provisions
thereof, we are of the opinion that it was the intention of the
Legislature to require the payments to be made on -the basis ot
the compensation satually reeived by the fireman.
You are, therefore, advised that your question No, I
is answered to the effect that the deduotion will be made on
the basis of $100.00 per month.
The answer to your second question depends on the
construction of Section ? of otase Bill 258, supra, which is
as follows;
"Whenever a person serving as an ativre firman dual
*enroled in any regularly active fire department in any
city or town in the State, now within or that may here-
after oae within the provisions of'this Aet, shall beoeae
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4323, text, February 18, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261570/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.