The Attorney General of Texas
January 11, 1978
JOHN L. HILL
Attorney General
Honorable Jim Sharon Rearden Opinion No. H- 1113
Orange County Attorney
Orange, Texas 77830 Re: Authority of the county commis-
sioners court to establish a wage and
job classification for employees of an
elected county official, or to increase
their pay, wlthout the consent of the
elected official.
Dear Mr. Rearden:
Gn behalf of County Tax Assessor-Collector for Orange County you
have asked:
1. Can the Orange County Commissioners Court
legally institute a Wage and Job Classification
for an elected official’s department without the
consent of said elected official?
2. Can said commissioners court unilaterally raise
the pay of a position in said elected official’s
department if the elected official does not want
the employee’s pay increased?
Generally, the county commissioners court is authorized to “fix the
amount of compensation, office expense, travel expense, and all other
allowances for county and precinct officials and employees who are paid
whoHy from county funds. ‘I V.T.C.S. art. 3912k, Attorney General Opinions H-
1009 (1977); H-200 (1974); H-35 (1973).
Article 3912k, the 1971 statute which generally controls the matter and
which repealed all conflicting previous laws prescribing the compensation for
any official or employee (including other laws passed in 1971), excepts from its
operation district attorneys wholly paid by the state, probation officers,
county auditors, and the employees of each, as well as the judges of courts of
record and the presiding judges of commissioners courts in counties having a
population of 1,700,OOOor more. V.T.C.S. art. 3912k, S 7.
I .
‘. .
Honorable Jim Sharon Bearden - Page 2 (R-1113
County attorneys are not expressly excepted from the operation of article
3912k, but in 1973 the Legislature enacted article 332a, V.T.C.S., which provides
that prosecuting attorneys, including county attorneys, may employ such personnel
as they think necessary and that the salaries for such employees are to be fixed by
the prosecuting attorney, subject to the approval of the commissioners court. See
Attorney General Opinions H-921 (1977); H-908 (1976); H-656 (1975). The 1973 act
repealed conflicting laws and parts of laws.
No current provision of law has been brought to our attention that would
exempt the employees of tax assessorl?ollectors from the operation of article
3912k. A tax assessor-collector is given authority by article 7252, V.T.C.S., to
appoint one or more deputies, but that officer’s authority is more narrow than that
of the commissioners court. Attorney General Opinion H-80 (1973). In Green v.
Stewart, 516 S.W.2d 133 (Tex. 1974), the Texas Supreme Court decided m
deputies of a county tax assessor-collector are employees of the county and can be
subjected to the County Civil Service Act, [article 2372h - 61 by the commissioners
court. Cf. Shore v. Howard, 414 F. Supp. 379 (N.D. Tex. 1976) (adult probation
officers not covered); Attorney General Opinions H-672 (1975) (juvenile probation
officers not covered); H-619 (1975) (adult probation officers not covered).
The County Civil Service Act is now applicable to counties having a
population of more than 200,000, according to the last preceding census. Acts 1977,
65th Leg., ch. 244, at 654. Orange County does not fall into that category, and the
“Wage and Job Classification” system for Orange County about which you inquire is
not comparable to that act in breadth or scope. It is merely a schedule of job
descriptions for county employments matched with assigned salary and wage levels.
We think article 3912k furnishes county commissioners courts ample authority to
establish such a schedule. See Anderson v. Wood, 152 S.W.2d 1084 (Tex. 1941);
Attorney General Opinions Ii=20 i - 72); C-792 (1966). We do not
think the commissioners court must first obtain the consent of the officer in whose
department the position exists. -See Attorney General Opinions H-595 (1975); G-1461
(1939).
For similar reasons we are of the opinion that, with the exception provided in
article 3328, the commissioners court may raise the pay of a position in an elected
official’s department whether or not the officer desires that the salary assigned to
the position be increased.
We note, however, that the commissioners court is prohibited by article 3902,
V.T.C.S., from attempting to influence the selection of any person to fill a
deputy’s, assistant’s, or clerk’s post in any county or precinct office and may not tie
a particular position or salary to the employment of a specific person. Attorney
General Opinion H-697 (1975).
SUMMARY
A county commissioners court in a county not subject to the
County Civil Service Act may institute a wage and job
P. 4556
Honorable Jim Sharon Renrden - Pega 3 (H-1113)
classification eyetern to schedule job deecriptione for county
employments and match them with assigned salary end wage
levels. It may ralee the pay of a position in an elected
official% department, whether or not the official desires it,
but it may not infltience the selection of the’person to fill
the poet.
Very truly yours;
/\
APPROVED:
Opinion Committee
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