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
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)

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