Texas Attorney General Opinion: V-453 Page: 3 of 7
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Hon. Sam Dollahite, page 3 (V-453)
County."
The case of Greer v. Hunt County (Com. App.)
249 S. W. 831, held that the order of the Commissioners'
Court placing the county treasurer on a salary basis was
void. In determining that the order before the court
actually placed the county treasurer on a salary basis
instead of an effort to limit the maximum amount of
commissions the treasurer could earn, the following
principle of law was announced:
"There is no question but that the or-
der in the present case was void under this
holding. There was no effort to limit the
maximum amount of commissions which the
treasurer could earn; but in lieu thereof
a definite fixed salary of $1,200 per annum
was substituted. This salary was payable,
under r the order, whether or not the commis-
sions amounted to as much as the salary.
We agree with counsel for defendant in error
that merely calling the compensation a sal-
ary or calling it commissions is not neces-
sarily controlling. If the commissioners'
court had ordered that the treasurer should
receive 'a salary' of $1,200 per annum with
the proviso that, if his lawful commissions
should amount to less than the salary, he
should not receive in excess of his lawful
commissions, this in fact would have been
fixing a maximum which the treasurer could
earn as commissions. On the other hand,
had the commissioners' court ordered that
the treasurer should receive the definite
sum of $1,200 per annum 'as commissions',
regardless of the amount of money passing
through his hands upon which he would by
statute be entitled to commissions, we
think the effect of this order would be to
fix a salary basis of compensation, and
the order would be void, regardless of the
fact that it denominated the compensation
as commissions. The controlling element
in determining whether the amount to be
received is upon a commission or saLary
basis is wheTher that amout, by whatever
name it may be called, is absolute and
fixed .regardless of what the lawful com-
missions mays be, or is made contingent p-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-453, text, December 12, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265272/m1/3/?q=%22Government+and+Law+-+Elected+Officials+-+Attorneys+General%22: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.