The following text was automatically extracted from the image on this page using optical character recognition software:
TIuE A'PORNEr GENErAL
OF TEXAS A Inrx IN , T"rTXAS JODN BEN nIIEPPER ArrTOnNPY ONEALI June 9, 1953 Hon. Allan Shivers Letter Opinion No. MS-56 Governor of Texas ustin, Texas Re: Constitutionality of House Bill 671. Dear Governor: You have requested an opinion on the constitution- ality of House Bill 671 of the 53rd Legislature prescribing the salaries to be paid certain district, county and pre- cinct officers in all counties having a population of 500,000 or more inhabitants according to the last preceding Federal census. Section 56 of Article III of the Constitution of Texas prohibits the Legislature from enacting any local or special law regulating the affairs of counties. However, the Legislature may classify counties upon the basis of popula- tion for the purpose of fixing compensation of district, coun- ty and precinct officers, and the courts of Texas recognize that differences in the population of counties may be made a basis of legislation fixing compensation of officers on the theory that the work devolving upon an officer was in some degree proportionate to the population of the county. Gla v. Finley, 93 Tex. 171, 54 S.W. 31+3 (1899); Bexar Coutyv v. Tynan, 128 Tex. 223, 97 S.W.2d 467 (1936). The provisions of House Bill 671 provide for a greater compensation in counties having a larger population. The classification contained in House Bill 671 is reasonable and not arbitrary, and is based on a real distinction. It is therefore our opinion that House Bill 671 is constitutional. Yours very truly, JOHN BEN SHEPHERD Attorney General By John Reeves JR: am:wb Assistant
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.