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1942 Book 2 Texas Attorney General Reports and Opinions 1 (1942)

handle is hein.sag/sagtx0181 and id is 1 raw text is: Tnx ArwoNrPE GE'NRAL \1-T. W WoO 1 WTEXA'gS Gerald C. Mann AUsTMV Iz. TEAS Honorble Henry C. Kyle Overruled by Opinion County Attorney 0-4715 in so far as Hays County it conflicts San Marcos, Texas Dear Sirs Opinion No. 0-4431 Re: Is Article 1645a-6, VA.C.S., Constitutional, and other questions? Your letter requesting the opinion of this Department on the questions-stated therein reads as follows: Acts 1939, 46th Lag., Spec. L., p. 591, appearing in V.A.C.S. as Art. 1645a-6, provides for a county auditor in counties having a population of not less than 14,850 and not more than 14,920, and provides further that such auditor in such counties may be paid not more than $2,400. 00 per annum, to be paid from the County General Fund, the Jury Fund, the Road and Bridge Fund, and the Permanent' Improvement Fund in proportion that the levies for such funds bear to the total salary of such auditor. Shortly after this act was passed, an auditor for Hays County was ppointed thereunder, qualified by taking the oath and giving the bond, and his salary set bythe Commissioners' Court of 1Tys County at $2,400.00 per annun payable out of the various funds mentioned. Such auditor has served in accordance therewith to t his date. The above mentioned act of the Legislature appears to this writer to be a local and special aw In violation of Section 56 of Article III of the Constitution. Many of your opinions have held similar laws to be in violation of said section of the Constitution, towits 7219 843, 1004, 1020, 1581, 1955, 1957, 1986j 2224, 2811w 3040, 3417, 3662, 3314, 3321, 3722, 3654, 3662, 1699, and 4206. Many of these opinions have been supported with the holding of the Supreme Court in Miller v. El Paso County, 150 S.W. (2d) 1000.

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