.
The Attorney General of Texas
September 19, 1983
JIM MATTOX
Attorney General
Supreme Court Building Honorable Reynaldo S. Cant", Jr. opinion No. JM-70
P. 0. Box 12546 Criminal District Attorney
Austin. TX. 76711. 2546 Cameron County Re: County budget for
5121475.2501
Telex 9101674-1367
Hall of Justice prosecuting attorney's fees
Telecopier 5121475.0266 974 E. Harrison Street
Brownsville, Texas 78520
714 Jackson, Suite 700
Dear Mr. Cant":
Dallas. TX. 75202.4506
2141742-6944
You have requested our opinion regarding the manner in which the
commissioners court may prepare, adopt and amend the budget for the
4624 Alberta Ave.. Suite 160 county's prosecuting office. You first ask whether the commissioners
El Paso, TX. 79905.2793 court may dictate or control the manner in which the state funds
9151533.3464
provided for in the Professional Prosecutors Act, article 332b-4,
V.T.C.S., are used. This statute provides for state supplementation
301 Texas. Suite 700 of salaries and expenses of a district attorney's office. section 4
uston, TX. 77002-3111 provides:
, 131223-5666
Each district attorney governed by this Act shall
receive not less than $22,500 from the state to be
606 Broadway. Suite 312
Lubbock, TX. 79401.3479 used by the district attorney to help defray the
6061747.5236 salaries and expenses of the office but not to be
used to supplement the district attorney's salary.
Each district attorney shall submit annually a
4309 N. Tenth, Suite 6
McAllen, TX. 76501.1665
S"O?Xl account to the comptroller of public
512,662.4547 accounts showing how this money was spent during
the year.
200 Main Plaza. Suite 400
Section 3 of the statute permits a commissioners court to provide a
San Antonio, TX. 76205.2797
5121225-4191
county supplement to the district attorney's state salary. Section 6
of the statute provides that
An Equal Opportunity/ [i]t is the purpose of this Act to increase funds
Affirmative Action Employer available for use in prosecution. The
commissioners court in each county that has a
district attorney governed by this Act shall
provide the funds necessary to effectuate the
purpose of this Act and shall continue to provide
funds for the office of district attorney in an
amount that is equal to or greater than the amount
of funds provided for the office by the county on
the effective date of this Act (August 27, 1979).
This provision does not sPPlY to local
p. 299
Honorable Reynaldo S. Cant", Jr. - Page 2 (m-70)
supplementation to the salary of the district
attorney.
In our opinion the funds received by a district attorney pursuant
to the Professional Prosecutors Act may be used in his sole discretion
for the purposes authorized under the statute and are not subject to
control by the commissioners court. Section 4 of article 332b-4
states that the state funds are payable to the district attorney and
are to be used by the district attorney. See Acts 1981, 67th Leg.,
Appropriations Act, Judiciary Section - Comptroller's Department, 89
("payments shall be made directly to district attorney").
You have further asked whether the commissioners court in the
adoption of the county budget may reflect a suggested use for the
state funds received by a prosecutor pursuant to article 332b-4. It
is our opinion that the budgetary statutes permit the commissioners
court to determine the use of county funds only. It may show the
availability of state funds appropriated to local officials to be used
in their discretion, but may not purport to determine their use, or
include those amounts in the total budget. -See V.T.C.S. art. 689a-9
(budget to cover all proposed expenditures of the county government).
You have also asked whether the commissioners court is required
to provide county funds for postage, telephone and other expenses of
the district attorney's office which the commissioners court indicates
in the county budget will be paid for with state funds. With the
exception of the county's supplementation of the district attorney's
salary, the county is required to appropriate county funds necessary
to operate the prosecutor's office in an amount not less than budgeted
by the county on the effective date of the statute, August 27, 1979.
See V.T.C.S. art. 332b-4. See also V.T.C.S. art. 332a, 97, V.T.C.S.
You have also asked whether the budget for Cameron County,
relevant portions of which you have furnished us, complies in form to
the requirements of the county budget statutes. The budgetary items
for the prosecutor's office in Cameron County are provided for either
under a general heading which groups various county offices under a
single title. For example, under "stationery and forms" is listed the
various county departments including the district attorney with a
dollar amount appropriated to each department for such use. Other
line item expenses of the district attorney's office are budgeted
separately from the group listings. It is our opinion that this form
of a county budget is permissible. The budget statutes only require
that a county budget be prepared
so as to make as clear a comparison as practicable
between expenditures included in the proposed
budget and actual expenditures for the same or
similar purposes for the preceding year. The
budget must also be prepared so as to show as
definitely as possible each of the various
p. 300
. .
Honorable Reynaldo S. Cant", Jr. - Page 3 (JM-70)
projects for which appropriations are set up in
the budget, and the estimated amount of money
carried in the budget for each of such projects.
V.T.C.S. art. 689a-9. The statutes do not require that all of the
budgetary items for the prosecutor's office be listed together.
In your final question you ask whether a department head has any
control over county budget amendments which result in a depletion of
his budget. The discretion with regard to the use and allocation of
county funds is vested in the commissioners court. V.T.C.S. art.
689a-11. Amendments and changes in the county budget for a particular
department may be made by the commissioners court in its discretion
and independent of a department head so long as the provisions for
budget amendments and changes are adhered to. See V.T.C.S. art.
689a-11 (amendments to original budgets authorizedby emergencies);
art. 689a-20 (commissioners court may make changes in county budget).
SUMMARY
Funds received by prosecuting attorney under
the Professional Prosecutors Act are not subject
to control or appropriating by the commissioners
court.
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
Colin Carl
Jim Moellinger
Nancy Sutton
P. 301