Texas Almanac, 1949-1950 Page: 87
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STATE CONSTITUTION. 87
Article XVI.-(Continued.)
That the Legislature of Texas be author
sized to make appropriation for the support
and maintenance thereof; provided that this
authorization shall not be construed to make
appropriations for any other future exposi-
tion or celebration of any kind or character
[Note.-The foregoin Sec. 60 of Art. XVI, an
amendment, was added to provide for the Texas
Centennial. Submitted by the Forty-Second Leg-
islature (1931), and adopted in an election No%.
8, 1932.]
Sec. 61 Compensation of District and
County Officials.-All district officers in the
State of " exas and all county officers in
counties having a population of twenty thou-
sand (20,300) or more, according to the then
last preceding Federal Census, shall be com-
pensated on . salary basis. In all counties
in this State, the Commissioners Courts shall
be authorized to determine whether precinct
officers shall be compensated on a fee basis
or on a salary basis, with the exception that
it shall be mandatory upon the Commission-
ers Courts, to compensate all constables, dep-
uty constables and precinct law enforcement
officers on a salary basis beginning January
S1949; and in counties having a population
less than twenty thousands (20,000), ac-
cording to the then last preceding Federal
Census, the Commissioners Court shall also
have the authority to determine whether
county officers shall be compensated on a
fee basis or on a salary basis, with the ex-
ception that it shall be mandatory upon the
Commissioners Courts to compensate all sher-
iffs, deputy sheriffs, county law enforcement
officers including sheriffs who also perform
the duties of assessor and collector of taxes,
and their deputies, on a salary basis begin-
ning January 1, 1949
All fees earned by district, county and
precinct officers shall be paid into the county
treasury where earned for the account of
the proper fund, provided that fees incurred
by the State, county and any municipality,
or in case where a pauper's oath is filed,.
shall be paid into the county treasury when
collected and provided that where any offi-
cer is compensated wholly on a fee basis
such fees may be retained by such officer
or paid into the treasury of the county as
the Commissioners Court may direct. All
notaries public, county surveyors and public
weighers shall continue to be compensated
on a fee basis.
[Note.-The foregoing Sec. 61 of Art. XVI has
been twice amended, as follows: (1) To put all
district and county officials in counties of more
than 20,000 population on a salary basis, substi-
tuting for fee basis, and making it optional with
the Commissioners Courts whether precinct offi-
cers in counties of less than 20,000 should be on
salary or fee basis and optional with reference
to county officers in counties of less than 20,000.
Submitted by the Forty-fourth Legislature (1935)
and adopted In an election Aug. 24, 1935. (2) To
make mandatory a salary basis for constables and
precinct enforcement officers in counties of more
than 20 000 and making it mandatory, in coun-
ties of less than 20,000 population, that all sher-
iffs, deputy sheriffs and other county enforce-
ment officers, be on salary basis. Submitted by
Fiftieth Legislature (1947) and adopted in elec-
tion Nov. 2, 1948.]
Sec. 62. Retirement, Disability and Death
Compensation Funds.-(a) The Legislature
shall have the right to levy taxes to provide
a Retirement, Disability and Death Compen-
sation Fund for the appointive officers and
employees of the State; provided that the
amount contributed by the State to such
fund shall equal the amount paid for the
same purpose from the income of each such
person, and shall not exceed at any timefive per centum (5%) of the compensation
paid to each such person by the State, and
shall in no one year exceed the sum of one
hundred and eighty dollars $180) for any
such person.
Pll lurids provided from the compensation
of such person. or by the State of Texas. for
such Retirement, Disability and Death Com-
pensation Fund, as are received by the
Treasury of the State of Texas, shall be
invested in bonds of the United States, the
State of Texas, or counties or cities of this
State. or in bonds issued by any agency of
the United States Government, the payment
of the principal of and interest on which is
guaranteed by the United States, provided
that a sufficient amount of said funds shall
be kept on hand to meet the Immediate pay-
ment of the amount likely to become due
each year out of said fund, such amount of
funds to be kept on t tp be determined
by the agency whlc ma ,be provided by
law to administer said fund; and provided
that the recipients of benefits from said fund
shall not be eligible for any other pension
retirement funds or direct aid from the State
of Texas. unless the fund. the creation of
which is provided for herein, contributed by
the State, is released to the State of Texas
as a condition to receding such other pension
aid.
(b) Each county shall have the right to
provide for and administer a Retirement.
Disability and Death Compensation Fund for
the appointive officers and employees of the
county: provided same is authorized by a
majority vote of the qualified voters of such
county and after such election has been ad-
vertised by being published in at least one
newspaper of general circulation in said
county once each week for four consecutive
weeks; provided that the amount contributed
by the county to such fund shall equal the
amount paid for the same purpose from the
income of each such person, and shall not
exceed at any time five per centum (5%) of
the compensation paid to each such person
by the county, and shall in no one year
exceed the sum of one hundred and eighty
dollars ($180) for any such person.
All funds provided from the compensation
of each such person, or by the county, for
such Retirement, Disability and Death Com-
pensation Fund, as are received by the
county, shall be invested In bonds of the
United States, the State of Texas, or coun-
ties or cities of this State, or in bonds issued
by any agency of the United States Govern-
ment, the payment of the principal of and
interest on which is guaranteed by the
United States, provided that a sufficient
amount of said funds shall be kept on hand
to meet the immediate payment of the
amount likely to become due each year out
of said fund, such amount of funds to be
kept on hand to be determined by the
agency which may be provided by law to
administer said fund: and provided that the
recipients of benefits from said fund shall
not be eligible for any other pension retire-
ment funds or direct aid from the State of
Texas, unless the fund. the creation of which
Is provided for herein, contributed by the
county, is released to the State of Texas as
a condition to recel'ing such other pension
aid.
[Note.-The foregoing Sec. 62 of Art. XVI. an
amendment, was added for the stated purposes of
establishing state and county retirement funds.
Submitted by the Forty-Ninth Legislature (1945),
ratified in election Nov. 5, 1946.]
Sec. 63. John Tarleton College Contract
Validated.-(See Art. III, Sec. 23-a. and note
thereon.)
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Texas Almanac, 1949-1950, book, 1949; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117167/m1/89/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.