s.
. .-
OFFICE OF THE ATTORNEY. GENERAL OF TEXAS
AUSTIN
Honorable Taylor Carlisle
Diotriat Attornq
Kau.lkrtn County
Kaufman, Texas
Dear Sir: Omliotl
Ii
Your letter of Yul ssting the
ion of this depwtment on the ate% therein haa
been receive%. Ye quo as foll0wr.t
tains to the ap-
uditorr, the %ir-
lnted a n6w an%
incrcaae in the salary of any such
County Auditor, over and above the annual aalary
allows such County Auditor under the general law
provided in Art, 1645, as aaL% Art, existed on
January 1, 1940,’ shall only be alloved as permit-
ted with the express consent and approval of the
Commlmtloners~ Court of the OoUnty whom County
- 2.
Honorable ‘Paylor CarllsLe, page 8
Auditor is affected or may be affeoted by the pro-
vieions of this act.’
“Under the above statement of faots and the
quoted provision of Art. 1645 does the District
Judge hove the right to set the County Auditor’s
salary at a sum over and above that which existed
on January 1, 1940, vlthout the express oonsent
and approval of the Commiasionerm~ Court of Slati-
mm County by an order duly reoorded in tho minute8
of aat% Court? The quertlon put another v&y, doe8
th8 Commirsionerst Oourt have any diecretlonary
power ln setting the salary of ruoh Auditor?”
Benate Bl13 Hoc 119, Aotr of the 4?th Leglrlature,
ttegular Baseion, 1941, anmuiing Artiole 1645, Vernon’r Anno-
tated Civil Statutes, read8 ia part a8 followat
“Artiole 164!% Xn tmy county having a pop&~-
t&on of thirty-five thousan% (35,000) inhabltamtr,
or over* according to.the laot preoedlng Federal
Ceneus or hav a tax valuation of F&Steen HLI3*
lion (~15,000,003 .OO) Dollars, or over aocording
to the last approve% tax roll, there &all be bi-
annually appointed an auditor of aooountr and fin-
ktnoett, the itle of said officer to be aounty au-
ditor, who hall hoi% hi8 offloe for two (a) pear8
and Who sha 1 re0eiVe as OOmpensRtlOASOI?him
aervioer to the county &I 8uoh oounty auditor,
an annual salary of not more than the annual aal*
ery alloved OF paid the aasee$or and oolleotor of
taxes Itn his oounty, and not lea8 than the annual
qalary allowed ruoh county auditor under the gen-
era1 lav provide% in Article 1645, Revised Civil
Statutes, ae said rrtiole~existed on Sanuary.3,
1940, such salary of the oountg auditor to be ,fiap
ed an% determined by the diatrlot judge or distrtit
judges making suoh appointment an% having jurisdlo-
tion in the oounty, 8 majority ruling,, said annual
salary to be peid monthly out of the general fund
of the oounty. The aotlon of said dietriot judge
or distriot judges in determining an% fixing the
salary of this oounty auditor shall be made by orber
fIonorable Taylor CnrlIale, pngo 3
and recorded In tha minutes of the district court
of the county, and tho alark thereof shall oerti-
fy the same for observanoo to the oommlssloners~
court whlah ohnll oause the same to be reoorded In
Its minutes; after the salary of the oounty auditor
has been faxed by the district judge or district
Judges, no change in such salary shall thereafter
becone effective until the beginnine of the noxt
ensuJ,ng fiscal yeor of the county, ProvMed hou-
ever, any i.ncrcase in the enlarg of any such county
auditor, over and above the annual salorg allowed
such county auditor under the general law provided
In Article 1643, as said a~rticle exintcd on January
1, 1940, shall only be alloved and ppermitted with
the expreos oonsont and approval of the commission-
erst court of the county riiloso’ county auditor la
affected or may be affeoto% by the provisions of
this aoti such oonsent and approval of suoh corn-
mias,ionere~ oourt shall be made by order of suoh
court and recorded In the minutes of the oommis-
sionerat oourt of such oounty. . . 6’
Artiole 1645, Vernon’s Annotated Civil Statutes, am
It existed January 1, 1940, road In part am follow8t
“In any oounty having a population of thirty-
five thousand (35,000) Inhabitants, or over, eocord-
In.g to the preoeding Federal Census, or having a, tax
valuation of Fifteen pIIllIon ($1.5,000,000~00) Dollare,
or over, aooording to the laatapproved tax rolls,
there shall be biannually eppointed an auditor of
aoaounts and financea, the title of said offlaer to
be county auditor, vho shall hold him office for
two (2) years, and who shall r’eoeive urn oomDensetIon
for his eervioes One Hundred and Twenty-five Dollars
($125.00) for each million dollars, or major portion
thereof from the assesed valuation, the annual aal-
ary to be aomputed from the last approved tax roll;
aai% annual anlarg from county funds shall not ex-
ceed Three Thous?nd, Six Dundred Dollarr ($3,600.00)
l l *
Senate Dill No. ,119, auprB, among other thin&s, pro-
vides In effect that the county auditor shall reaeive a ealary
IIonorable Taylor Carlisle, page 4
as compensation for his services to the county as such, county
auditor an annual snlary of not more tha,n the onnunl salary
a,ll.owed or pald the asacsaor and collector of taxeo in the
coLlnty, snd not lcos timn the annual anlary allowed such coun-
ty tiudltor under the eeneral law provided in fu%icle 1645,
Revised civil 0tatutc3, OS said article existed on January 1,
1940. The salary of the county auditor is to be fixed and do-
termined by the district judge or dlstriot judges having jur-
isdiction in the county, and wher& there Is more than one die-
trict judge, a majority ruling must be had In determIning and
fixing the salary of the oountg auditor. However, if there
is any increase in the salary of the county auditor, over and
above t,he annual salary allowed the county audit,or under the
general, law provided in Article 1645, aa said Artiole existed
on January 1, 1940, the aamo shall only be allowed or per-
mitted with the express consent and approval of the commia-
aloners’ court of the county whoee oounty auditor is affeoted
by the provisions of the Act and such consent and appxoval of
suoh commlssionera~ court shall be made by order of such oourt
and reaorded in the minutes of the conmieelonera~ oourt of
such county. In other words, the salary of the county auditor
ia to be detesmlned and fixed by the diatriot judge or dia-
trlct judgea having jurladiotion in the oounty, and if there
is an lnoreaae in the lsalary of the oountg auditor over and
above the annual salary allowed.ruch oounty auditor under the
general law provided in Artiole 1645, ao said article existed
on &nuary 1,1940, the Increase in ,ealarg shall not be allowed
or permitted without the express consent and approval of the
oommlsslonerat court of the county whoso county~auditor is af-
. fectedr
Kaufman county has a population of more than 35,000
inhabitants accardlng to the laet Federal Genrus and its tax
valuatloa is more than 415,000,000.00 aooordlng to‘the last
approf3d tax roll. Therefore, the provisions. of the fore-
going statute are appligable to Kaufman County.
In anewer to your first questIon you are rerpeotfullg
advlaetl that it is ouz opinion under thk above rtatement of
facts end the foregoing etatute8, that the salary of the coun-
ty auditor ia to be determined and fixed by the dletriat judge
or district judgea having jurlsdlotlon in the oounty, and if
there ie an Increase in the salary of the oounty WIltOr over
. -
Honorable Taylor Carlisle, page 5
and above tho annual salary allowed such oounty auditor under
the general law provided in Artlole 1645, as said article cxist-
ed on January 1, l.940, the inoreaae in salary shall not be sl-
plowed or permitted wkthout the axprass consent and approval of
the commissionera~ ooort of Kaufman County,
Considering what has been said ln answers to your
first question, it necessarily follows that your reoond quee-
tion requires no father disoussionr
YOUPU*erg truly
/7
,,’
ATTORldEYOENlBAL OF TEXAS
Ardell Wllllams
Asriatant
AWldb