OFFICE OF THE Al-CORNEY, GENERAL OF TEXAS
AUSTIN
,
Honorable i"l.
P. Hems, Jr.
County Auditor
Xnllor County
HeEpSt8ad, Texas
Dear Sir:
Auditor's sa
Senate Bill 119,
bcgfnning of the fiBcal year January 1st next? Once
tha inorenso In salary is approved and allowed by
the Dlotriot ~udgo and subsequently by the Comis-
sioners* Court, is It not within the District Judge's
discretion to mt that salary in the future within
. I
Honorable IV. P. Herms, Jr* - Page 2
the limits of the increase whloh was once approved
by the Commissioners' Court?
"For instance, if the inorcaso as approved by'
the District Judge and Co~issionars' Court made
Auditors' salary $lBOO--above the minlnum as allowed
undor the Statutes In 1940"-than when anothor ap-
polntmcnt COIXS Dooembor It or when new fiaoal year
begins January 1, is it not within the disoretion
of the District Judge alono to reduce said salary
below this figure?" -
~Your letter of Uotober 23, 1941, supplementing the
above mentionad letter reads In part as follows:
"AoOording to your request of Ootober 22, 1941,
letter; please find inclosod a copy of the order of
the Distriot Judge netting the aalary of the County
Auditor, which is a part of and oombinod and includ-
8d in the oortified copy of the Commissloners~ Court
minutes approving and allowing the same.
"To ropeat, the question of most conoern, Is
whother, when the Distriot Judge reappoints Auditor
this Dceembar, he oon set said salary at $1200 again,
for ths ensuing par, this timo without anotherap-
proving order of tho Commissioners' Court, such hav-
lng already been approved once, and before roappoint-
mat was made.
*Otherwise, if the Diotrict sets the salary et
$1000 in December when ho roappolnts, the Commission-
ers' court having onoe approved this salary, is it
neoossary for them to do so againo"
A aopy of the order of the district judge setting
the aalery of the county auditor, which you advise,'wasapproved
by the Commissioners1 COWA, reads a9 fOLlOwS:
Wonroo, Texas,
July 25, 1941
"Honorable Commissioners~ Court
Wailer County, Hempstead, Texas.
Gentlem8n:
J.naocordanoo with Senate Bill No. 119 Of the
I' .47thLegislature just passed and approved by Governor
Honorable W. P. Herms, Jr. - Page 3
% Lee O'Daniol, July 9, 1941, It is my ordor as
District Judge of tho Ninth Judicial District, that
the salary of W. P. Harms, County Auditor of Wailer
County, who has beon legally appointed county Audi;.
tor in aooordanoe with Artiole 1646 Civil Statutes
of Texas, be Eighteen Hunarod ($1800.00) Dollars an-
nually, el'feCtiV8hugunt 1, 1941, and shall continue
until such time as it is doomed advisable to make a
ohange in aooordanoe with tho laws of Texas*
W. B. Browser,
W. B. Browdor, Judge Ninth
Judioial Distriot of Texas.
Filed with me&his 26 day of July, A. D. 1941,,
Filed with me this 1 day of A. 8. Foster, Dlstriot
August, 1941. Dick Cuny, CO., Clerk, Wallor County
Clerk Wailer T8XaS (Signed)
Co. Texas
The Stat8 of Texas 1
County of Wsller 0 I, A. F. Foster, Clerk of the
District Court in and for Wailer County, Texas, do here-
by certify that the above and foregoing is a true and
OOrreOt copy Of the original ordor of Hon. W. B.
Browdor, Judge of the Ninth Judicial District of Texas,
setting the salary of Vi. PO Harms, County 'Auditorof
Waller County, Tolcas,as the same appears of reaord In
my office in Volume J, at Pago 104, Civil Minutes of
said Distriot Court0
Given under my hand and seal of said Court, at offioe
In Hempstead, Texas, this 28th day of July, A.D. 1941s
A. F. Footer, Clork Distriot
Court, Wallcr County, Texas."
Wailer County has a population of 10,280 inhabitants
according to the 1940 Federal consua and a tax valuation of
$5,961,444000 according to the last approved tax roll0
Sootion 1 of Sonato Bill ll9, Acts of .tle47th
Legislature, Roguaar Sossion, 1941, is applioable to any
county having a population of 35,000 inhabitants or more*
according to the laet preceding >'8d8ralconsus, or having
a tax valuation of $15,000,000,or over',aocording to the la3t
approvod tax roll. Nailer County does not lava the popula-
tion or tax valuation as mentioned in Section 1 of Senate
Bill No0 119, supra, therefore, this seotion is not aPPli-
cable to Wailer County0
-.
Honorable W. P* Herms, Jr. - Page 4
Sootion 2 of Sonata Bill NO. 119, supra, reads
as roncvis: 7
“Section 2. That Artiola 1646, of the Revised
Civil Statutes of Texas, 1925, as amended by
Acts 1929, 41st Legislature, page 687, ohaptor
308, Section 1, bo, and the sama ia hereby amended
so as to horeaftor road as follows:
'Article 1646.
'When the Commissioners' Court of a
oounty not mt?ntionodand onumoratod in the
preooding Article shall dotormlne that an
Auditor is a public nooonsity in the dis-
patch of tho county business, and shall
enter an order upon tho minutes of said Court
fully setting out the roanon for and nocos-
sity of an Auditor, and shnll cause such
oraor to be cortifiaa to tho Distriot 3udge.
or Distriot Judges having jurisdiction in
the county, oaid Judge or Judges shall, if
said reason ,be considoroU good and ouffioiont,
appoint a CoilntgAuditor as provided in the
precading Article, who shnll qualify and per-
form all the duties required of County dud-
itors by tho laws of this Stato, and who
shall receive as oo,npenaetionfor his services
as County Auditor an annual salary of not more
than the annual total oomponsation and/or
salary allowed or paid tho Ascessor and Col-
lector of Taxes in his co'unty,and not less
than the annual salary allowed ouch County
Auditor undor the Gonoral Laruprovided in
Artiolo 1645, Revised Civil Statutos, as said
Article existed on Janunry 1, 1940, such salary
of the county Auditor to bo detornined and fixed
b;rtha District Judge or District Judges having
jurisdiotion in the oounty, a majority thereof
ruling, said annual salary to be paid monthly
out of the general fund of the county. The
action of said Distriot Judge or District Judges
Honorable IV.P. Herms, Jr. - Page 5
in determining and fixing the oalsry of ,
the County Auditor shall be medo by order
and recorded in the minutos of tha DistriOt
Court of the County, and the Clark theroof
shall certify tho samo for obocrvonoo to the
COIXzkmiOaCr3'Court which shall cause the
same to be rocordod in its mlnutos; aftor the
salary of the County Auditor hoc boon fixed
by the District niaee or District JUdSOS, no
chang in such salary shall thcrcaftor be-
Coma effective until the boginning of ths
next ensuing *fisoolyear of the county; pro-
vided, however, any incroaso in the salary
of any such County Auditor, over and above
the annual salary allowed nuoh County Audi-
tor under the general law provided in L-ti-
olo 1645, as said ArtiOlo existed on January
1, 1940, shell only bo allo.vedor parmittod
with the express oonsont and approval of the
Commissioners* Court of the oounty whose
County Auditor is nrfectod or may be effected
by the provisions of this Act; auoh consent
and approval of suoh Co?;;niscionars*Court
shall be mcddoby ardor of such Court and rooord-
cd in tho minutos of the CoLmisaionors' Court
of such County. Providod, said Dfstriot Judge
or District Judges shall have tho poJ:orto dis-
continue the sorvlces of a County duditor as
provided for in this Artiolo at any time aftor
the ox~iration of one (1) year from tho appoint-
ment, when it is oloarly shovtnthat such dudi-
tor is not a public necessity, and his services
are not commensurate with his salary.'"
The above mentionod dot provides in offeot that the
maximum onlery of the county auditor shall not be more thon
the annual total compensation and/or salary allaNed or paid
the assoscor and colleotor of taxos in his Oounty and further
provides that the minimum shall not be less than the annual
salary alloivcdsuch county auditor under the general law pro-
VI&Q& in ArtiOle 1645, Revised Civil Statutes, as said Article
existed on January 1, 1949~. Apparently the salary of tha
Honorable W .P. Harms, Jr. - Page 6
county auditor was $1500000 per yoer until raisod by thi
District judge and approved by tho Commi5sionors~ Court in
complinnoe with Sonato Bill No. ll.9,suprao Whothor this
was the oorrect salary for the county auditor, is a
quostion not before US. However, in this connection wo
call your attention to Opinion No. O-826, a copy cf whioh
is enclosed for your information0
In answer to your inquiry, you are respeotrully
advised that it is the opinion of this dopartmant that when
a county auditor is appointod or tho prosont auditor roap-
pointed the Distriot Judge oan sot the salary at,$1800000
for the ensuing year without another approving ordor of the
Commissioners1 Court. Unless the salary of the county
auditor is incroasod beyond the sum of $1800.00 it will not
be necessary to obtain the express oonsent and approval of
the Commissioners1 Court*
Trusting that the foregoing fully answers your in-
quiry, we are
Yours very truly
ATTORIEYGEXEMLOFTFXAS
By (8) aradi William3
Assistant
AW:FS
APPFtOVlCIl
NOV, 4, 1941 APPFiOlT!D
(8) GroverSellers Opinion Committee
First Assistant Attorney General By B.W.B. Ohairman