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July 17, 1975
The Honorable Joe Max Shelton Opinion No. H- 643
Cirayaon County Attorney
Sherman, Texas 75090 Re: Authority of commirrionerr
court to reduce the ralary of a
county attorney after the budget
hearing.
Dear Mr. Shelton:
You have requeated our opinion regarding the authority of a commir-
eionerr court to reduce the salary of itr county attorney after the annual
budget hearing haa been held and ralariea have been set.
You state that the 1975 budget approved by the Commisrioners Court
of Grayaon County on Augurt 27, 1974, included a $1, 200.00 annual ralary
increase for all elected county officiala. On January 13. 1975, the Court net
the ralariea for such elected officiala in accordance with the amounta approved
in the budget. Then, on February 18, 1975, the Commiraionera Court deter-
mined that the county attorney ahould be excepted from the general salary
increare and fixed hia salary at the amount paid by the State.
&ay#on County ir one of a number of counties to which a.:: .ie 332b,
V. T. C. S., ia applicable. That statute fixer the county attorney’0 salary at
“an amount equal to the compensation paid by the rtatr: to district attorneys
ar authorized by article 5, rection 21, Conrtitulion of Texar.” Thir amount,
is paid to the county by the State, but the statute further provider that the county
may pay “euch lddtional amount which the commiarionere court of the county
in itr dircretion fixer aa adequate compensation. ” The commirrionera court
is attempting to reduce the salary of the county attorney by thir previously
approved “additional amount” of $1, 200.00. Whether or not auchaction in
valid dependa upon an interpretation of article 3912k, V. T. C. S., which
provider, in pertinent part:
p. 2829
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The Honorablr Joe Max Shelton, palo 2 .
Section 1. Except aa otherwire provided by thir
Act and rubject to the limitationa of thia Act, the
commiaaionera court of each county ahall fix the
amount of compensation, office expense, travel
expenre. and all other allowancea for county~ and
precinct officiala and employees who are paid wholly
from county funda, but in no event shall such salaries
be set lower than they exirt at the effective date of
thlr Act.
Sec. 2(a). The salaries. expenree, and other
allowancea of elected county and precinct officerr
ehall be ret each year during the regular budget
haring and adoption proceedlngr on gtving notice
ar provided by thia Act.
In Attorney General Opinion H-11, (19731, we held that section 2 of
article 3912k, by requiring that the ralariem of “elected county and precinct
offkerr . . . be Bet each year during the regular budget hearing,” meana
that the arkrice of elected offlctala, once set during the budget hearing,
may not be increared until the following fircal year. Implicit in this
conclusion ta the corollary that the ralarier of there officiala may not be
decreased until the next f&al y:ar. But ree, Attorney General &i?ion
H-314 (1974).
It ir our oplnion, that rection 2 of article 3912k. unlike section 1.
ir not limited to elected county and precinct officers “who are paid
wholly from county fundr” and therefore applier to county attorneya
paid in part with rtate fund@. We are #upported in thia poeitton by rub-
rectlon 7(l) of article 3912k which epecifier:
p. 2830
The Honorable Joe Max Shelton - Page 3
Nothing in thir Act applier to compenratlon; expenrer
or lllowancee of: (1) dirtricl attorneyr, wholly paid
by rtate fund., or their aarletantr, inveatigatorr or
other amployeer. . . (Emphair added).
Unlerr all persona paid a county ralary are covered by section 2 of article
3912k even though paid entirely or partly with funda rupplted by the atate, the
exception regarding dirtrict attorney0 paid “wholly ” by atate funde ia unnecer-
rary and meaninglear. District attorneyr, like county attorneyr, receive a
bare salary from the rtate, rubject to being rupplemented by some CPI ntiea
[ace
- article 3aa6j, V. T. C. S. I.
Accordingly, it ia our opinion that, on the barir on H-11 (1973\, the
salary of the county attorney may not be reduced below the amount set at the
annual budget hearing until the following fiacal year.
SUMMARY
The Commiaaionera Court may not reduce the salary of
a county attorney below the amount ret at the annual
budget hearing until the following fircal year.
Very truly youra.
*ROVED:
, Firrt Assistant
C. ROBERT HEATH, Chalrman --
Opinion Committee
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