Texas Attorney General Opinion: O-5789 Page: 3 of 5
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Y
Honorable Cleveland Devis, page 3
first regular meeting of the Commissioners' Court and
the salaries. of the deputies ehafU likewise' be fixed
at that time, and the next regular meeting or. he 'Oome
isdsioners' Court will be Monday, January 10, 1944.
We therefore urge that If possible you let us haVe an
opinion on or before Jenuary 10, then under the stat-
ute the Comnassloners' Court aay recess from day to
day for a week and still be In regular-term. There-
fore please let aus hve the opinion not later than Jan-
uary 13 or 14.*
As stated in your letter, Brazoria County has:a popula-
tion of 27,069 inhabitants according to the 1940 Federal Census.
Therefore the county officials of said county are-ocompensated on
an annual, salary basis.
Artidb 3912, Section 13, Vernon's Annotated Civil
Statutes, fixes the salaries of all the follewing named. officers
of Brazoria.-unty, towit: sheriff, assessor and colleotor of
teaxs count judge, county attorney, inolauding ormdnalUl i
triet attorneys and county attorneys who perform the Autis of
district attorneys, district clerk, ounatty lerk, treanrer hde
.nd animal inspector. The salaries of said officials- are fi '
i:; " at oint ias a :tben ,.the totl ~ s .teared brother :ia.n .theatr.fttEial-
oapacities ir the fiscal year.1935 and not more than thae aimu
aount -allowed such offered under laws existing on August 24,
1935. Stated another-way-, the statute fixe the salary of. each .
county offlcial at not less than the total sue earned by him.-in
S hi oticIal capacity for the eeel year 1935. end not more than
the maximum amount a] lowed such' officer under laws exlstng on
August 24, 1935, provided, that in counties having g popult ion
bf 20 000 and less thatx )7,500tnabitants according to the last
preoeing Federal ConsUal and haMig an assessed valuation in E-
oess of #15,00,000.00, acooordng to the last approved preoeing
tax roll of such county the t4sa.m asqunt allowed such offltors
s salaries 'ay be Increeesd 2for eaoh $1000,000.00 valuation
br trational part thereof, in excess of said $15,000,000.00
valuation over and above he maximum amount allowed such officers
under laws existing on August 24, 1935.
You are, respetfully advised that the Comissioners'
Court or Brazoria County has the legal authority to.fix the salary
of eaoh of the above named oftitials at not less than the tal
sum earned by him in his official capacity for the fiscal year
1935 and not more than the maimu.amouat allowed asuoch offtier
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5789, text, January 7, 1944; (https://texashistory.unt.edu/ark:/67531/metapth263068/m1/3/: accessed April 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.