. .
The Attorney General of Texas
May 9, 1978
JOHN L. HILL
Attorney General
Honorable Joe Resweber Opinion No. H- 1164
Harris County Attorney
Houston, Texas 77002 Re: Stipends for Harris County
Commissioners Court members
or their surrogates.
Dear Mr. Resweber:
You advise that the Commissioners Court of Harris County feels it
advisable to keep informed of the activities of various citizen groups within
the county, such as the Houston Chamber of Commerce, the Houston-
Galveston Area Council, and the Bayou Preservation Association, by having
its representatives attend various meetings and conferences of these groups
as nonparticipant, nonmember auditors. You ask:
Can the Harris County Commissioners Court legally
authorize payment by blanket order of $10.00 per
meeting per Court Member or (employee) Representa-
tive of a Court Member for attending various business
meetings?
Unless it is illegal to pay county officers and employees for attending
private meetings, the plain language of article 3912k, V.T.C.S., requires an
affirmative answer with respect to county commissioners and employee
representatives. In pertinent part that statute reads:
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, office 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 of
this Act.
P. 4709
Honorable Joe Resweber - Page 2 (R-1164)
Sec. 2. (a) The salaries, expenses, and other allowances
of elected county and precinct officers shall be set each
year during the regular budget hearing and adoption
proceedings on giving notice as provided by this Act.
In Attorney General Opinion H-992 (1977), which concerned travel allowances
for members of the County Commissioners Court of Duval County, we noted that
article 3912k
gives to the commissioners court authority to fix the amount
which shall be received for travel expenses by county and
precinct officials, including the commissioners themselves.
The same holds true for “compensation . . . and all other allowances for county and
precinct officials and employees who are paid wholly from county funds,” article
3912k, V.T.C.S., except for those expressly excepted by the statute or by later
enactment.
Of course, article 3912k requires that the compensation of elected county
officials be set only during the regular budget hearing held annually unless the
grievance procedure set out elsewhere in the statute is employed: the budget can
be amended at other times to provide for changed salaries of employees. V.T.C.S.
art. 3912k, SS 2, 6. See Attorney General Opinions H-643 (1975), H-572 (1975), H-U.
(1973). But see Attorney General Opinion M-1176(1972) (dicta).
The County Judge is the presiding judge of a commissioners court in a county
having a population of more than 1,700,OOOaccording to the most recent federal
census. Consequently, article 3912k does not govern amounts to be paid that
officer, who is expressly excepted from its terms. V.T.C.S. art. 3912k, g 7(4); cf,
Attorne General Opinions H-731 (1975) (domestic relations court judge not
covered, Y H-656 (1975) (district attorney not covered). See also Attorney General
Opinions H-908 (1976), M-1125 (1972). In counties having a population of not less
than 1,500,OOO.according to the most recent federal census, such as Harris County,
the salary of the County Judge is to be fixed at “not less than One Thousand Dollars
($1,000) more per annum than the total annual salary received by Judges of the
Probate Courts, Judges of the County Courts at Law, and Judges of the County
Criminal Courts in such counties . . . .‘I V.T.C.S. art. 3883i-2. The governing
statute establishes a minimum but not a maximum.
Many dated Texas Attorney General Opinions termed it illegal for a county to
pay a county officer or employee compensation or expenses for attending private
meetings or conventions, even though their attendance would directly benefit the
county. See Attorne General Opinions S-36 (1953), V-1415(1952), O-5298 (1943), O-
4827 (194r O-3701 P1941), 0-2ll7 (1940), O-1940 (1940), O-810 (1939). But in 1970,
p. 4710
Honorable Joe Resweber - Page 3 (H-1164)
Attorney GeneralOpinion M-680 (1970) concluded that a county had implied power
to pay the expenses of officers for attendance at noncounty meetings, ceremonies,
and workshops if the commissioners court found that such expenses were reasonably
and necessarily incident to the proper functioning of the county official and were
properly related to the statutory purpose of the official’s office. It expressly
overruled all prior conflicting opinions, many of which had been undercut
previously. See Attorney General Opinions O-2419 (1940), S-126 (1954), WW-245
(1957). -
The county commissioners court has many powers and duties. V.T.C.S. arts.
2351 - 2372~. We cannot say as a matter of law that no proper public purposes
would be served by having a representative of the commissioners court attend and
audit various business meetings of the organizations named. It was noted in
Attorney General Opinion H-133 (1973) that the concept of “public purpose” has
undergone expansion within the last quarter century, and that the benefits realized
need not be direct or immediate. As stated in Attorney General Opinion M-680
(1970), “[flact determinations such as these must necessarily encompass a wide
range of discretion. We cannot substitute our discretion for that of the Court; nor
can we hold that the facts show a clear abuse of discretion by the Court.”
We think the contemplated stipend is to be considered an addition to the
regular compensation of the officer or employee involved. Assuming the action is
taken at a proper time the Commissioners Court of Harris County might legally
authorize payments of $10.00 “per meeting per Court Member or (employee)
Representative of a Court Member ” for attending particular citizen and group
business meetings. See Attorney General Opinions H-860 (1976), H-797 (1976), H-
336 (1974), H-51 (1973),-39 (1973), H-35 (1973); Attorney General Letter Advisory
No. 89 (1975). --
See also Attorney General Opinion M-1176(1972).
SUMMARY
If the Commissioners Court of Harris County determines
that the attendance of a commissioner or his representative
at business meetings of particular private groups is reason-
ably and necessarily incident to the proper functioning of
the county.government and properly related to the commis-
sioner’s statutory duties, the court may legally authorize
payments of ten dollars per meeting per court member (or
county employee representing a court member) as a part of
his salary for attending such meetings, assuming the action
is taken at the proper time.
JOHN L. HILL
‘ii Attorney General of Texas
P. 4711
Honorable Joe Resweber - Page 4 (R-1164)
APPROVED:
Opinion Committee
p. 4712
Untitled Texas Attorney General Opinion
Combined Opinion