The Attorney General of Texas
February 3; 1982
MARK WHITE
Attorney General
Honorable Themes B. Sehon opinion NO. MU-438
SupremeCourtBuilding
P. 0. Box 12542 District Attorney
h31in. TX. 78711 Falls County Courthouse Ret County holidays
512/475-2501 Marlin. Texas 76661
Telex 9101874.13(r7
Telecopier512l4750266
Dear Mr. Sehon:
1607MaIn St., suite 1400 You ask a series of questions regarding the authority of the
Dallas.TX. 75201 county cmissioners court to declare official county holidays. You
2141742.2044 first ask whether the county commissioners court has the sole
authority'under articles 2372h-1 and 3912k,, V.T.C.S.. to designate
4224AlbertaAve..Sulle 160 official county holidays. Article 2372h-1. V.T.C.S., sets forth:
El PPM, TX. 79205
91- In each sounty~ of this State, each elected
county officer or the Commissioners Court, as the
1220Dallas Ave..s&e 202
case may be. shall have authority to provide for
Houston.TX. 77002 vacatioqs. ~holidays fixed by State law, ,and sick
71318504666 leaves, 'without deduction or los~.of.~pay. and to
provide for deductions for absenc&s,,~for the
.employeesworking under the elected county officer
eo6 Broadway.wte 312
Lubbock,TX. 79401
or his appointees or under'the Co&issioners Court
aw747-5222 or it?.:appointees~or under a County Colmnissioner
or his',cippointees, regardleas~~of whether the'
~employee~~is,psi~~.~n~~~
fixed:ialar$ ~ba& or~,onthe
009 N. Tenth.SuiWB .:
'.ba$isyof*$ti'&qti~~+iily'~gg&': Ntithi&'in..this
McAlbn, TX. 78+. ; ;, .B
;.":$iz~,'
$hali"'~affec~':"efist~~'law~,,,a~thdrling_:or
512B22-4547 ~ ..~ ' te~lari~g'~~acaiioriBj!;tioliday~.sick ,~.,le-ive )and
absences for county e&loyees. it being the
intention. of, this Acts gnly,. to provide. such
San Antonlo.TX. -76205 'duth~T~ty.ciith-iespect td~'the&ployees.c,overed by
512N54191
~thii'~~~.'in'~dunties'G+eie it~does not-now exist.
(Emph&&b'&&d.&~). " .,,
Ar@ably;'this-proiWsibn~au&o$ise& aach co&y officer to provide for
"holidays fixed 'b$.~,St&te~ls$' for‘ his oti employees. See also
Attorney G&eral~"O$inio~s '.0;%876':(1940); O-1441 (1939). Article
3912k. section 1, V.T.C.S.. provides that:
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. office expense, travel
p. 1505
Honorable Thomas B. Sehon - Page 2 (Mw-438)
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 of this Act. (Emphasis added).
This office has already concluded that sick leave benefits fall within
the ambit of the phrase u ...compensation... and all other
allowances...." Attorney General Opinions H-860. H-797 (1976), as does
vacation entitlement, Attorney General Opinion MW-136 (1980). We
conclude that entitlement to holidays is also a form of "compensation"
or other allowance within article 3912k. section 1. -- see Texas
Employment Commission v. Briones. 601 S.W.2d 818, 819 (Tex. Civ. App.
- Eastland 1980. writ ref'd n.r.e.) (holiday pay constitutes "wages"
for purposes of deterwininR claimant eligibility under the
Un'employventCompensation Act).-
The two articles appear then to be in partial conflict. One
statute, article 2372h-1, V.T.C.S., purports to authorize elected
county officers and the colmoissionerscourt to provide for holidays
fixed by State law. The other, article 3912k,,V.T.C.S.. reposes such
authority solely in the county commissioners court. If possible, the
two statutes should be construed together. See Renfro v. Shropshire,
566 g.W.2d 688 (Tex. Civ. App. - Eastland 1978.. writ ref'd n.r.e.)
(construing together articles 3902 and 3912k. V.T.C.S.). The later
statute however, the one wore recently enacted, contains a repealer
clause which provides that "[t]o the extent that any local, special,
or general law,~ including acts of the 62nd Legislature, Regular
Session. 1971, prescribes the compensation. office expense, travel
expense, or any other allowance for any official or employee covered
by this Act. that law is repealed." V.T.C.S. art. 3912k. M. We
conclude that the repealing clause. acts to. strip county officials,
other than the county ctnaiaissioners
court, of the authority to provide
for paid holidays under article 2372h-1. V.T.C.S. -See Attorney
%eneral~Opinion R-697 (1975).
Your'remsinlng questions concern whether, in the event that the
other county officials are without the authority to designate holidays
fot their employees, the county commissioners court has the authority
to provide for deductions from salary or wages of those officials and
employees who were absent. In our opinion the commissioners court.has
authority under article 3912k to provide for "deductions for
absences." See generally Attorney General Opinions H-860, B-797
(1976): H-402 (1974).
SUMMARY
The sole authority to provide for paid
holidays for county officials and employees rests
p. 1506
.
Honorable Thomas B. Sehon - Page 3 (BW-438)
with the county commissioners court. The court
way provide for deductions from salary or wages in
the event of an unauthorized absence.
Very truly yours.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Jim Moellinger
Assistant Attorney General
APPROVEB:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Edward Garvey
Rick Gilpin
Jim Moellinger
Bmce Youngblood
p. 1507