Untitled Texas Attorney General Opinion

The Attorney General of Texas February 21, 1986 JIM MATTOX AttorneyGeneral Supreme Court BulldIn Honorable David W. Wallace Opinion No. JM-440 P. 0. BOX 12548 Sutton County Attcmey Austin. TX. 70711- 2549 P. 0. Box 1508 Re: Whether a commissioners 51214752501 Sonora, Texas 76950 court may set the office hours Telex 9101874-1387 Telecopier 512l475.0266 of the county auditor Dear Mr. Wallace: 714 Jackson, Suite 700 Dallas, TX. 752024506 In Attorney General Opinion JM-182 (1984), we concluded that the 21417426944 commissioners court of Lampasas County , a county with a population of less than 8,000 Feople. does not have authority to establish office 4924 Alberta Ave.. Suite 180 hours for other elected county officials. You ask whether the El Paso. TX. 79905.2793 commissioners court of Sutton.County, a county with a population under 91515333484 5.000. has autho::ity to establish office hours for the office of county auditor, ax appointed office. We answer your question in the 1Wl Texas. Suite 700 negative. Houston, TX. 77002-3111 71312235886 The office of county auditor and the method of appointment, the qualifications Herefor. and the duties thereof are governed by articles 1645 et SCQ,. V.T.C.S. Authority to appoint the county 606 Broadway, Suite 312 Lubbock, TX. 79401-3479 auditor and tox;'iermine his salary is reposed in the judges of the 8051747.5238 district courts having jurisdiction in the county. V.T.C.S. arts. 1645-1647. There ,isno provision, however , which purports to repose authority fqr setting the office hours of the county auditor in the 4309 N. Tenth, Suite B McAllen, TX. 7850%1885 district judges ziho appoint him. You ask specifically whether such 51218824547 authority is repclc,edin the commissioners court. We have found no statute _-_--__ vhich .._ -.~ nur)urts =--:~.--- to -- do -- that .~~_. in --~ the ..~~ situation .~.~~~~~.~~ vou ~~ describe. ~~ ~~ ~~ See Commissioners Coc,rt of Harris County v. Fullerton, 596 S.W.2d 572 200 Main Plaza, Suite 400 (Tex. Civ. App. -Houston [lst Dist.] 1980, writ ref'd n.r.e.1; Smith San Antonio, TX. 78205-2797 v. McCoy, 533 S.W'.2d457 (Tex. Civ. App. - Dallas 1976, writ dim 512i2254191 (both cases discuss authoritv and duties of county auditor and those df commissioners court). . An Equal OppOrtUniiVl Affirmative Action EmPlOYer As we noted in Attorney General Opinion JM-182 (1984), there is no statute generally applicable to all counties which sets forth the office hours or th,ework week or which empowers a connnissionerscourt to set such off:tce hours to be observed by county officials and employees. In c,xmties with a population of 500,000 or more, the commissioners court has explicit authority to adopt rules aid regulations governing the hours of work. vacatiolr;, holidays, sick leave, medical care, hospitalization. compensation and accident P. 2008 Honorable David W. Wallace - Page 2 (JM-440) insurance, and deductions for absences [for certain specified employees]. . . . (Emphasis added). V.T.C.S. art. 2372h. 01. I,e,ction6 of article 2372h extends the reach of such rules and regu1aticm.ato the county auditor and his assistants if such rules are adopted 'my a majority of the judges of the district courts of the county. A, second statute permits counties with a population over 200,000 to