ORDER NO. 17476
ORDER AUTHORIZING PUBLICATION OF NOTICE OF PROPOSED SALARY
INCREASES FOR CERTAIN ELECTED OFFICIALS OF KERR COUNTY, TEXAS
On this the 24th day of September 1987, came on to be consider-
ed by the Court the matter of proposed salary increases for
certain elected County and Precinct Officials of Kerr County,
Texas, pursuant to applicable laws of the State of Texas,
(Article 3912K, Vernon's Texas Civil Statutes). It is ordered
by the Court that notice be published once in the official
newspaper of Kerr County, Texas, that it is the intention of
the Commissioners' Court to consider the following proposed
salary increases at a public hearing to be held in the County
Courtroom of the Kerr County Courthouse on Tuesday, October
13th, 1987 at 10:00 o'clock A. M., and if approved, to implement
same at the regular October 1387 term, namely, October 13th,
1987, and that such increases, if ordered, shall be effective
October 1st, 1987
County Judge
Present Annual Salary
$30,402
Proposed Annual Salary
$18,422 Administrative
12,284 County Court
22,004
22,004
24,773
22,004
22,004
County Clerk 21,786
District Clerk 21,786
County Attorney 24,528
Tax Assessor-Collector 22,246
County Treasurer 21,786
Sheriff 24,528
Commissioners:
Precincts 1, 2, 3 and 4, each, 21,786
Justice of the Peace, Precinct #1 15,000
Justice of the Peace, Precinct #2 15,000
24,773
22,004
16,500
16,500
Present Annual Salary Proposed Annual Salary
Constable, Justice Precinct #1 6,000 16,288
Public Weigher, Justice Precinct #1 5,574 5,630
Motion made by Commissioner Rav , seconded by Commissioner Lich ,
and unanimously approved by the Court.
NOTICE OF PROPOSID SALARY INCREASES OF CERTAIN F.r,F(`~'Fn OFFICIALS OF KERR COUNTY, TEXAS
It is the intention of the Commissioners' Court of Kerr County, Texas, to consider
the following proposed salary increases at a public hearing to beheld in the County
Courtrocm of the Kerr County Courthouse on Tuesday, October 13th, 1987 at 10:00 o'clock
A. M., pursuant to Article 3912K, Vernon's Texas Civil Statutes, and if approved, to
implement same at the Regular October 1987 Term, namely October 13th, 1987, and that
such increases, if ordered, shall be effective October 1st, 1987:
Present Annual Salary Proposed Annual Salary
County Judge $30,402 $18,422 Administrative
$12,284 County Court
County Clerk	21,786	22,004
District Clerk	21,786	22,004
County Attorney	24,528	24,773
Tax Assessor-Collector	21,286	22,004
County Treasurer	21,786	22,004
Sheriff	24,528	24,773
Ccatmu.ssioners:		
Precincts 1, 2, 3 and 4, each	21,786	22,004
Justice of the Peace, Precinct #1	15,000	16,500
Justice of the Peace, Precinct #2	15,000	16,500
Constable, Justice Precinct #1	6,000	16,288
Public Weigher, Justice Precinct #1	5,574	5,630
Done by order of the Commissioners' Court of Kerr County, Texas, this 29th day of
September 1987.
Patricia Dy
Clerk of the County Court and Ex-Officio
Clerk of the Commissioners' Court of Kerr
County, Texas
Art. 39121 FEES of oFF1CE
Title 61
the maximum salary of the Justice or Justices so performing the duties of the offices, and
of the Constable or Constables serving as bailiff or bailiffs for such Justice or Justices, an
additional amount not to exceed ten percent {10%) of the maximum salary applicable to
such office for each such conatitutioaally authorized Justice of the Peace not holding such
office and not performing the duties of such office, provided that under no circumstances
shall any Justice of the Peace or Constable under this subsection be paid more than
twentyfive percent (25%) over and above the maximum salary herein applicable to such
office; except that in any county having a population of more than forty-six thousand
(46,000) inhabitants according to the last preceding Federal Census and having not more
than four Justices of the Peace holding office and performing the duties of such office
any Justice of the Peace who is licensed to practice law in the State of Texas and who
maintains in the courthouse or other county building at the county seat an office which is
open for the transaction of the businea's of such office during the same hours as the
principal offices in the courthouse of such county may be paid under this sub®ectioa not
more than the following percent over and above such maximum salary herein applicable
to such office, to wit: in any such county having a population of not more than
ninetyeight thousand (98,000) inhabitants. according to the last preceding Federal Census,
forty percent (40%); in any such county having a population of at least ninety-eight
thousand and one (98,001) and not more than one hundred ninety-five thousand (196,000)
inhabitants according to such census, thirty-five percent (36`Yo); and in any such county
having a population of more than one hundred nvety-five thousand (195,000) inhabitants
according to such census, thirty percent (30%).
Sec. 9, subsec. (1) amended by Acts 1967, 60th Leg., p. 1105, ch. 486, § 1, eff. Ang. 28, 1967.
Sec. 12. [Repealed conflicting laws}.
Sec. 13. [Severability provision}.
Sec. 14. [Emergency clause].
Increase id eraximum compensstlon
Sec. lb. The Commissioners Court in each county in the State is hereby authorhed to
increase the maximum compensation of each officer enumerated in this Act, as emended,
is as additional amount not W exceed twenty percent (20%) of the maximum sum
authorized by said Act, as amended; provided that no increased compensation shall be
authorized pursuant to this Act except at a regular meeting of said Court following
publication oP notice at least two times, one time a week, in s newspaper of general
circulation in such county, of the salaries intended to be raised at such meeting and the
amount of such proposed raise.
See. lb added by Acts 1967, 60th Leg., p. 147, ch. 76, § 1, eff. Ang. 28, 1987.
Prior W repeal, § 6 of this article was amend• Library References
ed by Acts 1971, 62nd Leg., p. 1660, ch. 469, § 1. Counties e~74.
' C.J.S. Counties § ilb et seq.
Ark 3912j. Repealed by Acts 1981, 67th Leg., p. 699, ch. 237, § 14b, eff. Sept. 1, 1981
Prior to repeal, this article was amended by
Acts 1967, 60th Leg., p. 803, ch. 337, § 1; Acts
1971, 62nd Leg., p. 1820, ch. 642, § 15.
Art. 3912k. County and precinct officials and employees who are paid wholly from
county funds; compensation, ezpenses and allowances
Salaries, Etc„ to be Set by Commisaionen Court
Section 1. Except as otherwise provided by this Act and subject to the limitations of
this Act, the commissioners court of each county shall fix the amount of compensation,
offux expense, travel expense, and all other allowances for county and precinct officials
and employees who are paid wholly from county funds, but in no event shall such salaries
be set lower than they exist at the effective date o4 this Act.
FEEg OF OFFICE A1't. 39121[
7'itie 6t
Juetites or the Peace; Courfroonu end Oftica; Sspplks sad Egoipmeet
See. la. In addition to the compensation and expenses provided for in Section i of this
pct, upon the request of a justice of the peace handling an average of more than 60 cases
per month during the 12 months immediately preceding the request, the commissioners
court of each county, at the beginning of the next fiscal year, shall furnish suitable office
apace and the necessary telephones, equipment, and supplies for such justice of the peace
in the county. The commissioners wort may also provide a suitable courtroom for each
justice of the peace.
Elected llffltere: Rptrictiom
Sec. 2. (a) The salaries, expenses, and other allowances of elected wunty and precinct
officers shall be set each year during the regular budget hearing and adoption mpJcead-
inga on giving notice as provided. by this Act.
(b) There is hereby created in each wanly a salary grievance wmmittee wmposed of:
(1) the county judge, who shall be chairman of the wmmittee but who shall not be
entitled to vote;
(2) the sheriff, the wanly tax asaesaorcollector, the wanly treasurer, the wuaty clerk,
the district clerk, and the wanly attorney or criminal district attorney; and '
(8) three residents of the wanly selected as provided by Subsection (c) of this Section;
or if one person holds more than one of the offices described in Subdivision (2) of this
subsection or if one or more of those offices is not filled in the wunty, a number
sufficient to establish the total voting membership of the wmmittee at nine members
(4) Notwithstanding any other Section or subsection of this Act, the wmmiesioners
wort may vote to have al] nine members of the salary grievance wmmittee be residenffi
of the wanly selected aby Subsection (c) of this Section. Such vote by the
wmmissionera wort, if any, shall be held on the sewnd Mondhy in January of each year.
(c) The public members of the wmmittee shall-be"gstecte T"the rose g o e
commissioners wort held on the sewnd Monday in January of each year. Before that
mceting, the clerk of the wmmisaioners wort shall prepare slips with s name on each slip
wrrespondmg to the names of all persona who served on grand juries in the wanly
during the preceding calendar year. t the ti g, the slips shall be folded, glaced in as
appropriate receptacle, mixed, and wn at random by the wanly J)udge until be has
drawn a number equal to the number of public members required to constitute the
wmmittee. Th~u~,Y 'Edge shall then announce the names on the slips drawn, and
those persona shah be deem pointed to the wmmittee on acceptance submitted in
writing to the clerk. If any person refuses or is unable to serve, a replacement shall be
selected at the next ¢alar ar-called meeting of the wmmissionera wort by random
selection of a slip from the remainin¢ alina_containing the names o~`giBIld jurors for the
Preceding year, with the process repeated as necessary to wnatituffi the required
membership of the wmmittee. The public members of the wmmittee shall serve for the
year ending with the appointment of their successors the following January. A vacancy
in the public mem rs ~p o mmt e a or a unexpired portion of the
term by random selection of a slip from the remaining slips at a meeting oY the
commissioners wort.
(d) The wmmiasionera court of each county prior to filing of the annual budget with
the clerk of the county court shall give written notice to each elected wanly and necinct
offi__ r of his salary_and personal expgLes to_ _e_mc u m e u e
(e) Any elected wanly or precinct officer who is aggrieved by the setting of his salary
or personal expenses may vorth~ iu 5'days of his notification request a hearing before the
salary grievance committee quest shall be in writi6g, shall state the change in his
salary or personal expenses he desires, and shall be delivered to the chairman of the
wmmittee. The chairman shalt announce the time and place of the hearing, which shall
be within 10 days after receipt of the request. If after a public hearing the wmmittce by
s vote of six of its voting members decides to recommend a change in the salary or
personal expenses of the person requesting the hearing, it shall prepare iffi rewmmenda-
tion is writing and deliver it to the commissioners court, which shall wnsider the
recommendation at its next meeting. A written recommendation signed by all nine
31
Art. 3912k FEES OF OFFICE
Title 81
members and delivered to the commissioners court shall be entered into the badger prior
to filing and shall become effective in the next budget year.
(f) The authority given to the salary grievance committee is specifically limited to
increasing items concerning salaries or personal expenses of county and precinct officers.
Nothing in this Act shall be interpreted to allow the committee to set policy of the county
or add new items to a proposed county budget.
Sec. 3. Repealed by Acta 1985, 69th Leg., ch. 480, § 26(1), eff. Sept. 1, 1986.
Procedures Heretofore Established Uaafteeted
Sec. 4. Nothing in this Act is intended W affect the lawful procedures and delegations
of authority heretofore established in any county for the purpose of setting the salary of
county and precinct employees.
Fees end Coavaissiow
Sec. 6. All of the fees and commissions earned and collected by the officials named in
this AM shall be paid into the ceuntX treasury in accordance with the provisions of Section
61, Article XVI, of the Constitution of Texas. No provision of this Section shall apply to
official shorthand reporters.
Notke and Public Hearing Required
Sec. 6. The commissioners court shall not exercise the authority provided by Section 2
of this Act except at regular meeting of the court and after 10 days' notice published in a
paper of general circulation is the county of the intended salaries, expenses, and/
owances to be raised and the amount of the proposed raises.
Exceptions -
Sec. 7. Nothing in this Aet applies to compensation, expenses, or allowances of:
(1) district attorneys, wholly paid by state funds, or their seaiatanffi, inveetigstors, or
other employees;
(2) persona employed under Section 10, Article 42.12, Code of Criminal )?rocednre; 1966,
as amended:
(3) any county auditor or his asaiatanffi or employees or any county putc}iaainQ. agent
or his employees or esaiatanffi;
(4) judges of al] courts of record and presiding judges of commissioners courts (n
counties having a population of 1,700,000 or more, according to the last preceding Federal
Census.
- Repealer '
,Sea 8. To the extent that any local, special, or general law, including Acts of the 62nd
Legislature, Regular Session, 1971, Prescribes the cempensation, office expense, travel
expense, or any other allowance for any official or employee covered by this Act, that law
is repealed.
Effectiveness of Ac!
Sec. 9. This Act is effective for salaries, expenses, and allowances paid beginning
January 1, 1972.
Severability Claws
Sec. 10. If any provision of this Aet or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applica-
tions of the Act which can be given effect without the invalid provision or application, and
to this end the provisions of this Act are declared to be severable.
Acts 1971, 82nd Leg., p. 2019, ch. 62Z, eff. Jan. 1, 1972. Sec. 7 amended by Acts 1973, 83rd Leg., p
428, ch. 188, ¢ 1, eff. May 26, 1979; Sec. la added by Acts 1979, 88th Leg., p. 1089, ch. d69, ¢ 1, eff.
Aag. 27, 1979; Sec. 2(b) amended by Acts 1988, 66th Leg., p. 1741, ch. 888, ¢ 1, eff. Ang. 29, 1988;
Sec. 2(d) amended by Acts 1988, 86th Leg., p. 1741, ch. 336, ¢ 1, eff. Aug. 29, 1968; Sec. 2(e) and (f)
added by Acts 1988, 66th Leg., p. 1741, ch. 386, ¢ 1, eff. Aug. 29, 1988; Sec. la amended by Acts
1886, 89th Leg., ch. 417, ¢ 1, eff. Aug. 26, 1985.
32
P•

FEES OF OFFICE
Title 61
Section 1 of Acts .~79, 66th Leg., p. 970, ch.
434, amended art. 2326j-13a, relating to compen-
sation of court reporters of the 23rd and 130th
judicial districts: § 2 of that Act provides:
"Section 3, Chapter 622, Acta oP the 62nd
Legislature, Regular Session, 1971 (Article
8912k, Veroon's Texas Cin7 Sffitutea), applies to
the 130th Judicial District."
Section 1 of Acts 198b, 69th Leg., ch. 480,
repeating § 3 of this article, enacts Title 2, Judi-
cial Branch, of the Government Code.
For diapoeitwn of the subject matter of m
pealed § 3 of this article, nee Disposition Table
preceding V.T.C.A. Government Cede.
Title a[ Ack
An Act relating to the wmpeneation, ex-
peoaes, and allowances of certain officere and
employees paid wholly from county funds; and
declaring an emergency. Acts 1971, fi2~td Leg.,
p. E019, ch. 622.
Cross References
Judges of county courts at law, itrepplicebitity
of this article, see art. 88881, § 8(c),
Public defender in Wichita county, wmpensa-
tioa of personnel and payment of office ex-
pemea, see Vernon's Ann. C.C.P. Art. 26.043,
Public defender's office, Wichita County, appB-
cation of this article to rnmpeneation sad iaci•
dental expenses, see Vernon's Ann.Civ.St art.
341-8, § 4.
Veterans county service officers, compensa-
tion, esffibiiehmeat u provided in this article,
ass art. b787, § 1(a).
Library References
Counties a70, 78, 74(1), 77, 80(2).
C.J.B. Counties §§ 11o to 112, 120, 129, 145.
Notes of Decisions
Construction and application 2
Court reporters 3.6
Mandamus 4
Revlew 6
Salarlee 8
StePf 6enefite 6
Yelidity 1
1. Validity
The provisions of House Bill 384, Acts 1971,
62nd Leg., p. 2019, ch. 622, enacting this article,
relating to the wmpensation, expenses and al-
lowancee of certain offuera and employees paid
wholly from wunty funds are germane to the
subject stated in the title to House Bill 384.
Therefore, there was compliance with Conat.
Art. 8, § 85. Op.Atty.Gen.1971, No. M-972.
The provisions of this article, creating a salary
grievance wmmittee in each county of the State,
are constitutional. Op.Atty.Gen.1972, No. M-
1124.
Art. 3912k
Nob T
Pursuant to the provisions of this article, the
Grayson County Commiseioaero Court cosy
amend its 1875 budget to allow m increua io
the ealaeieaof nonelected employees, such iu•
crease ffi be effective at the time of its adoption
or thereafter but not retroactively. OpAtty.
Gen.1973, No. H-11.
This article, effective ae of January 1, 1972, is
the sffitute by which the compensation sad ez
peones of a justice of the peace of Bowie County
and his clerks end assistants, are to bo deffir
mined by the commissioners court, which has no
authority to remove a justice of the peace from
office. Op.Atty.Gea.1973, No. H-36.
2. Construction and applieeUon
Contract made by commissioners' court with
private counsel to assist county attorney in de•
fending suit brought by three wnsffibles of
county against county. wmmissionera' court sad
county treasurer for payment of salaries alleg-
edly due them was a valid contract; the vemmis-
aionere' court had authority to emplop private
counsel to defend suit against county and its
officials. Turner v. Cook (Civ.App.1873) 602
S.W.2d 824.
Words "advice and ceaeent of the cemmiaeion-~
ers" within § 10 of Verroon's Ann.C.C.P. art
92.12 providing that for purposes of providing
adequate probation services, district judge ar
judges are authorized, withthe advice and ooa-
aent of the commisaionera' court, ffi fix salaries
of probation officers and other personae], were
not intended to confer veto power oa commis-
sioners' court or to give anch court authority ffi
prepare its own probation budget in Ben of bud-
get prepared by district judge in manner re-
quired of him; but rather "consent" required of
cemmiaeionera' court ie to budge4 aPProPneffi
and pay the expenditures established. Commis-
aionera' Court of Hays County v. District Judge,
22nd Judicial Diat. of Haye County (Civ.App.
1974) 606 3.W.2d B30, ref. n.r.e.
Under plain language of amendment to this
article, effective May 26, 1973, authorizing coun-
ty wmmisaionere court to fix amount of wmpen-
eation for certain county officials, but elating
that ` m ao event shall such salaries be net lower
than they exist at the effective date of this Act,"
salary wind not be net lower than it was oa May
25, 1973, and wnaequently justice of the peace,
who took office on January 2, 1976, was entitled
to $400 a month compensation, ea fixed on May
26, 1973, ea opposed ffi $b0 a month compensa-
tion sa fixed by commissioners wort after effeo•
five date of Act. Broom v. Tyler County Com'ra
Court (Civ.App.1977) 660 S.W.2d 486.
Public officer cannot estop himself from claim-
ing his statutory salary by agreeing to accept, of
by accepting, less than salary provided by law.
Id.
Justice of the peace, who took office on Jeau-
ary 2, 1976, was entitled to $400 a month cem-
pensafion that she was entitled to under this
33
Art. 3912k
Note 2
article notwithstanding contention that it resu14
ed is unjust enrichment. Id.
Fact that plaintiff knew that salary for justice
of peace was only $50 per month when she ran
for and was e]ected to office did not estop her
from claiming full salary that she was entitled to
under this article, i.e. $400 per month. Id.
Section 1 of Chia article directing commission-
ers court of each county to fix amomt of com-
pensation, etc., for county and precinct officiate
sad employees paid wholly from county funds is
to be construed with art. 3902 concerning duties
of district, county or precinct officer who shall
require services of deputies, assistants or clerks
is performance of his duties. Renfro v. Shrop-
shire (Civ.App.1978) 666 S.W.2d 688, ief. n.r.e.
The provisions of Acts 1971, 62nd Leg., p.
2019, ch. 622, enacting this article, are not appli-
cable to the Judge of the Court of Domestic
Relations in and for Hutchinson County, since
judges of courts of record are specifically ex-
chided by the provisions of $ 7 thereof. Op.
Atty.Gen.1971, No.~M-91.
The salary of the judge of the court of domes-
tic relations in and for Midland County, is gov-
emed by arL 2538-20, which has not been m
pealed by this artcle. Under $ 6 of article
2385-20 the judge of the court of domestic rela-
tions is entitled to receive the same salary as
that paid the judge of the 142nd district court
Op.Atty.Gea.1972, No. M-1126.
The minimum salary for the constable of Tay-
lor County is set at the salary existing on Janu-
ary 1, 1972, by this article, and the commiseion-
ere court may not .lower it below that figure.
Op.Atty.Gen.1973, No. H-39.
Section 8 of this article does not repeal either
art. 2321 or art. 2324. Op.Atty.Gen.1979, No.
H-zoo.
Elected manly and precinct officers who fol-
low the procedures of this article and thereby
become entitled to salary increases may receive
them, effective in accordance with the provisions
oP this article, and do not need to await the
budget hearings for the next fiscal year. Op.
Atty.Gen.1974, No. H-314.
The commiasionere court is authorized to ex-
pend county funds to purchase a service pin to
be awarded to county employees. The pin may
include a replica of an unofficial manly seal.
Op.Atty.Gen.1974, No. H~36.
It is not llegal for commissioners courts to
reasonably prescribe different salaries for the
constables of the separate county precincts. Op.
Atty.Gen.1974, No. H-429.
A manly may not lower the salary of a justice
of Lhe peace below its level as of the date upon
which this article became applicable to justices
of the peace. Op.Atty.Gen.1975, No. H-572.
The mmmisaioriera court may not reduce the
salary oP a county attorney below the amount
set at the annual budget hearing until the fol-
FEES OF OFFICE
Title 61
lowing fiscal year. Op.Atty.Gen.197b, No. H-
643.
A criminal district attorney is a district officer
rather than a county or precinct officer and, as
such, is not required to follow the grievance
procedure of this article in order to receive a
salary increase. Op.Atty.Gen.1976, No. H~66.
Section 1 of this article dcea not repeal $ b of
arG 2358-8; the salary of the judge of the court
of domestic relations of Smith County is equal W
that portion of the salary of the district judge of
Smith County which is paid by the State of
Texas. Op.Atty.Gen.1976, No. H-?81.
SubjeM to the limitalbn that the Wtal of actu-
al wages paid, together with the value of sick
leave granted, did not exceed the staWtory maxi-
mum for any particular county or precinct offi-
vial, the commisaionere courts, prior W the enact
ment of this article, were authorized to provide
sick leave for such officials, sod are presently
authorized to compensate those officials foi the
unused portion of any sick leave earned during
that period; county and precinct officials are not
entitled to payment of interest on their matured
but unpaid claims for accrued sick leave. Op.
Atty.Gen.1976, No. H-860.
This article anthorixes a county commiesioaere
courC to fix the amount which shall be received
by manly and premct offmiale, including the
commissioners themselves, ae reimbnraemeat fos
beveling expenses; county officials may receive
a monthly travel allowance without the need W
account for every mr7e traveled when their
duties require travel from their offlefal stations
on a continuing basis, but the allowance most be
reasonably related to expenses actwlly incurred;
travel between home and office is sot official
travel subject to reimbursement m normal cir
cumatences. Op.Atty.Gen.1977, No. H-992.
The manly commiaeioaere mart may set the
compensation and expenses of grand jury bm7-
iffs in Jefferson County pursuant to tide article.
Op.Atty.Gen.1977, No. H-1009.
County commisaionere court in a minty not
subject to the County Ciml Service Act cosy
institute a wage and job clase~cation system to
schedule job descriptions for county employment
and match them with assigned salary sad wage
levels and it may raise the pay oY a position in an
elected official's department, whether oe not the
official desires it, but it may not influence the
selection of the person to fill the post. Op.Atty.
Gen.1978, No. H-1118.
If Commissioners Court of Harris Covnty de-
termines that the attendance of a commissioner
or his representative at business meetings of
particular private groups is reasonably sad aeo-
easarily incident to the proper functioning of the
county government and properly related to the
commissioners statutory duties, the court cony
legally authorize payments of ten dollars per
meeting per court member (or county employee
representing a court member) ae a part of his
salary for attending such meetings, assuming
34
FICE
tk 81
o. H-
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ived
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8
FEES OF OFFICE
Title 61
the action is taken at the proper time. Op.Atty.
Gen.1978, No. H-1164.
The salary of the court reporter for the 81st
Judicial District should be paid by the five coun-
ties comPr~ing the district in the proportions
prescribed by $ 8 of this article. Op.Atty.Gen.
1978, No. H-1200.
County and precinct employees may not file a
grievance with the grievance committee under
this article, but they may be given a salary
increase by the cemmiesionera court pursuant to
§ 1 of this article. Op.Atty.Gen.1978, No. H-
129a.
An elected county or precinct officer moat
make a written request for salary increase be-
fore the grurvance cemavttae under this article
may recommend a raise. Id.
The commissionere court has reasonable dis-
cretion to authorize the payment of office ex-
penaea of an official court reporter. Op.Atty.
Gea1978, No. H-1260.
County attorney of Hutchinson County may
not appeal the salary of the assistant county
attorney to grievance committee established par
suant to ¢ 2 of this article. Op.Atty.Gen.1978,
No. H-1261.
Salary grievance committee esablished pureu-
ant to this article, is required to comply with the
Texas Open Meetings Act (art. 8262-17) and post
notice of its meetings; action taken at a mceting
for which notice was. not posted is voidable.
Op.Atty.Gen,1978, No. H-1281.
All fees charged by justice of the peace for
Dallas Comty precinct 8, for certified copies of
records of births sad deaths occurring within
justice's jurisdiction as local registrar, should be
paid into the county treasury of Dallas County.
Op.Atty.Gen.1979, No. MW-8.
Provisibns of thin article apply to all county
judges except those in counties having a popula-
tion of 1,700,000 or more, according to the kmt
federal census; county salary grievance commi4
tee may wnaider request by the county judge
for allowance for hospitalisation and retirement.
Op.Atty.Gen.1979, No. MW-110.
Commissioners court of ]3exar County need
not allow deputy sheriffs serving sa jaitere more
vacation entitlement than it allows others, so
long as it does not reduce their salaries ~ {in
whatever Porma ouch salaries are paid) below
salaries applicable to those positions when this
article became effective. Op.Atty.Gen.1980, No.
MW-136.
Pursuant to the authority vested in it by § 2
of this article, a county's salary grievance com-
mittee has the power to grant s pay raise that is
larger than the amount that was requested Dy
the officer who applied for the increase. Op.
Atty.Gen.1981, No. D+W-586.
Where the notice t quirementa of this article
were not met, salary aieea incorporated in the
budget for' county ~eficers were invalid. Op.
ALty.Gen.1982, No. 11' W-518.
Art. 3912k
Nob 3
County of£Kia1s may be reimbursed with in-
kind allowances for travel expenses actually in•
tarred while on county business, and the com-
miaeionere court of Gregg County may fuc the
amount of travel expense allowed to members of
the commissionere court so long se the allow-
ance is reasonably related to official county buei•
pees. Op.Atty.Gen.1984, No. JM-148.
The mmmiasioneza court may not reduce the
salary of the county attorney, or any sahtry set
pursuant to ¢ 2 of this article from the amount
approved at the annual budget hearing and bud-
get adoption proceedings. Op.Atty.Gen.198b,
No. JM-326.
The cevnty attorney is not esWpped from
claiming the amounts he is entitled to receive
under this article by accepting a sakuy leas than
the sum originally approved pursuant to this
article. OpAtty.Gen.1986, No. JM-326.
A county is required to comely with § 207(axl)
of the Fair Labor Standards Act of 1988 [29
U.S.C.A. ¢ 207(axl)] when cemputing the rate of
pay of a county employee regandiese of whether
he is employed by two separate county depart.
manta or agencies. Op.Atty.Gen,1988, No. JM-
430.
3. 8abrrlea
Where decision of county salary grievance
committee increasing celery of justice of the
peace was unanimous, the county auditor was
not entitled to go behind the committee's action
and attack it as 91ega1 on ground that additional
amount awarded by the committee was not a
"salary" increase but was in lieu of office apace
and therefore improper. Jackson v. Leonard
(Civ.App.1979) 678 S.W.2d 879, ref. ns.e.
Since unanimous action by rnuaty salary
grievance committee "becomes effective withont
the action of the commissioners court" after
delivery of the committee's written recemmenda-
tions, the county auditor ie not empowered to go
behind action of unanimous salary grieva~
cemmittee and question mental processes behind
its action or the motives therefor. Id.
Since writben recommendation of a unanimous
county salary grievance committee becomes ef-
fective, without action of commissioners court,
on first day of the month following its delivery
to the commissioners court, failure of cevntq
auditor to receive the written recommendation
did not authorize him to withhold salary increase
granted by the committee. Id,
A county salary grievance committee's action
can have not effect on a salary as set by the
commissioners court for any longer period than
that for which the salary was originally set;
hence, decision of the wmmittee increasing s~la-
ry of justice of the peace was effective ody for
balance of the budget year. Id.
Language in § 2(d) of Chia article governing
duties of county salary grievance committee re-
quiring commissioners court to "' ' 'consider
its rewmmendation [of the committee] at its
35
Art. 3912k
Note 9
next meeting" did not require the wmmiseionerx
court to consider sad act on recommended salary
increases at its next meeting but only that the
rewmmendationa be considered; if date of next
regular meeting of the commissioners court
made impossible giving published tea days' no-
lice of action oa the recommendations, se re~
quired by 4 6 of this article, the court should
have determined at the meeting future date for
final action allowing time for xueh notice. Nap
tune v. Renfro (Civ.App.1979) 686 S.W.2d 696.
Absent showing that taxpayer who wished to
discuss budget wad not given opportunity to be
heard prior to approval by commissioners wort
of salary increase or that anY taxpayer requesb
ed that action on the budget be delayed beyond
time when final action was taken, and absent
showing that the salary increases fatally ap-
proved by the commissioners wort wnatituted
deficit spending, the wmmisaionere wort, which
acted openly, fairly, and in goodfaith by taking
froal action at meeting held six days after receipt
of written recommendations wncerning the sa15-
ries by wuntq salary grievance wmmittee, ProP•
erly took final action in approving the sahuy
increases, eves though ten days' notice of arch
action was not given as requited bq § 6 of this
article. Id.
.Fact that wmmissioaeis wart budgeted their
ealariea at toed amount is January did not prey
elude wnsideration, pursuant to this article, gov-
erning duties of wmty salary grievance wmmi4
tees of such. salaries by covntygrievance wm-
mittea the folbw)ng Julq. Id.
Where judges failed to~esffiblish the required
eeeeatiality, there was ao basis for exerrdae of
judges' inherent power to wmpel wintry judge
sad wmmisaionere' wort to fund increased Bahr
rise for wort personnel and to.implement a wort
administration system for the warty., District
Jadges.ot 188th Judicial Dist. v. County Judge
Gregg Coaaty, Tex. ,,(App. 6 DiaG1983) ,867
S.W.Zd 908, ref. n.r.e.
Coneffible may request heating before ealarg
grievance -wmmittee Pursuant to this article
whether he has been elected or appointed to his
office. Op.Atty.Gen.1986, No. JM-277.
8d. Ceart reporters
Although district judges in Texas possess ab
sohite discretionary power to hire as many sub-
etitnte court reporters ae theq deem necessary,
the wmmisaionere wort of the wanly in which a
judge eiffi is charged with responsibility for pay-
'ieg thesalariea of official and substitute wort
reporters and their fees for the preparation of
FEES OF OFFICE
Title 61
affitemenffi of facffi for indigents Rheuark v.
Shaw (CA.1980) 626 F.2d 297, certiorari denied
101 S.Ct. 1392, 480 U.S. 891, 67 L,Ed.2d 866.
4, Masdamue
Since auditor's approval is not necessary prior
to a unanimous recommendation of s sskuy
grievance committee being sent to eommission•
ere court and since the commissioners court
moat approve Lhe uvanimous action, the duty of
the auditor is then ministerial iv complying with
the recommendation and mandamus is proper
remedy for auditor's refusal to comply. Jackson
v. Leonard (Civ.App.19'19) b78 S.W.2d 878, ref.
n.r.e. .. _ ..
Decision of the wmmieaionen court to ut~ize
the services of the sheriff's offices for the pro-
teas serving necessary for the administration of
justice in the county was not violative o1 the
separation of power doctrine and, hence, was
sot a 6eais for iaeusece of s writ of mandamus
W wmpel the wmmiesionere wort is nu7iae the
subject comtsbhes for the services ht question
inasmuch as the legislature had delegated to the
wmmiasionere wort the reeponsrb~ityolaetting
the salaries and the allowable eapeaeec for all
wanly and precmet officials. Bomar v. ]ictor
Coonty Com'rs Court (App. 8 Dist1984) 878
S.W.2d 662, ref. nr.e.
4' Review ~ - ~.
Potaffi of error' wnceraing constitntionallty of
aectinn 2 of this article and rewmmendstkros Of
a salary grievance committee would rwt be wn•
sldered on appeal where they were nal eaieed io
trial wart. Jacluoa v. Leonard (Civ.App.2978)
b78 3.W.2d 879, ref. n.r,e.
An elected county or precinct oftk~r' wbo b
aggrieved by the netting of his salary under this
article, is entitled to one appeal thtovgh the
grievance procedure Per salary setting: The
public member of the grievance cemmittea who
are drawn from grand jury lists nee not entitled
W payment under art. 2122, as grand jump for
servke on the grievance wmmittes Op.Attq.
Gen.1981, No. MW-809.
8. Stall benefits
Jvdgee have inherent power to compel wnnty
to fvraish staff benefiffi sad faerlities essential
to proper administration of their covtffi but
which mere not otherwise provided by lap. Die-
trict Judges of 188th Judicial Diet. v. Convty
Judge Gregg County, Tex. (App. 8 Dist.1983) 667
S.W.2d 908, ref. n.r.e.
Art. 3912E Secretarial personnel of district, county or precinct officers
The wmmiasionera court of any county is hereby authorized, when in their judgment
the financial condition of the county and the staff needs of a district, county, or precinct
officer justify doing so, to enter an order to hire and provide compensation for adequate
secretarial personnel of any district, warty, or precinct officer.
Acts 1976, 84th Leg., p. 381, ch. 170, § 1 eff. May 8, 2976.
36

ORDER NO. 17476
ORDEP. AU^1HORI'LTNG PUBLICATION OF
idO1'ICE OF PROPOSBD SALARY TidCREASES
FOR CERTAItQ ELECTED OFFICIALS OF
KERR COUNTY, TEXAS
9-24-1987
(Public hearing 10:00 A.ia.,
October 13th, 1987)
Vol. Q, Page 476
T