The Attorney General of Texas
July 28, 1983
JIM MATTOX
Attorney General
Honorable Britt Plunk Opinion No. JM-49
Supreme Court Building
P. 0. BOX 12548
Hardin County Attorney
Austin, TX. 78711- 2548 P. 0. Box 516 lk: Whether district judge may
5121475-2501 Kountse, Texas 77625 raise salaries of county auditor's
Telex 9101674-1367 deputies at any time during the
Telecopier 512147’50266 year and whether district judge
may appoint court coordinator and
1607 Main St.. Suite 1400 set salary in absence of statutory
Dallas, TX. 75201.4709 authority
214/742G3944
Dear Mr. Plunk:
4624 Alberta Ave., Suite 160
El Paso. TX. 79905-2793 You have asked whether the district judge of Hardin County may
9151533.3484 direct the commissioners court to raise the salaries paid to
7
assistants in the county auditor's office at any time during the
course of the county's budget year. [We presume that the county
.k 20 oallas Ave., Suite 202
tiouston. TX. 77002-6966
auditor has made proper application for any such raise.1 V.T.C.S.
7131650.0666 art. 1650.
Article 1645, V.T.C.S., requires the appointment of a county
606 Broadway. Suite 312 auditor in Hardin County. The district judge or judges of the county
Lubbock. TX. 79401.3479
8061747.5236
determine the salary to be paid to the county auditor. This salary of
the auditor may be increased during the course of the budget year.
Attorney General Opinion H-1266 (1978). See Attorney General Opinion
4309 N. Tenth, Suite B M-678 (1970). The authority to hire andcompensate assistants and
McAllen. TX. 76501-1685 deputies in the county auditor's office is contained in article 1650,
5121682-4547
V.T.C.S. This statute provides that the auditor shall apply "at any
time" to the district judge for the appointment of named assistants
200 Main Plaza, Suite 400 and the salaries requested to be paid to them. The district judge is
San Antonio, TX. 78205-2797 required to consider the appointment request from the auditor and upon
5121225-4191 approving such appointments and salaries the judge is required to:
An Equal Opportunityi prepare a list of the appointees so approved and
Affirmative Action Employer the salaries to be paid each and certify said list
to the Commissioners Court of said county. The
Commissioners Court shall thereupon order the
smount paid from the General Fund of said county
upon the performance of the services; and said
Court shall appropriate adequate funds for the
purpose.
V.T.C.S. art. 1650.
p. 209
Honorable Britt Plunk - Page 2 (JM-49)
Article 1650 does not require that these appointments be made
only once during the year and the compensation fixed for the entire
budget year but it does state that the district judge "shall annually
have the right to withdraw such consent and change the number of
assistants permitted." It is our opinion that the district judge may,
during the course of the budget year, direct a change in the county
budget which increases the salaries of the assistants in the county
auditor's office. Such change may be made: (1) upon a proper
application made by the auditor to the district court; (2) only if
such action does not require county expenditures in excess of
anticipated revenue of the county for that year; and (3) only if
amendment of the county budget is made in compliance with law.
Attorney General Oninion O-284 (1939). See Attornev General Ooinions
MW-169 *(1980); H-i238 (1978); 'H-314 (1974); H-11- (1973); V:T.C.S.
arts. 3912k, 689a-20; Southland Ice Company V. City of Temple, 100
F.2d 825 (5th Cir. 1939); Neptune V. Renfro, 586 S.W.2d 596 (Tex. Civ.
APP. - Austin 1979, no writ).
Your second question concerns the appointment of a court
coordinator for the district court. You ask whether the district
judge may appoint such a person and direct the commissioners court to
pay a specified salary. We find no authority for the district judge
to unilaterally create such position and compel the county
commissioners court to pay the specified salary. Only those district
1
courts in counties with a population of over 700,000 which hear
primarily criminal matters are authorized to establish and maintain a
court coordinator. V.T.C.S. art. 1918a. See Attorney General Opinion
MN-315 (1981). The appointment and salaryof such court coordinator
is determined by the district judges. See also, V.T.C.S. arts. 1934b
(court administrator for county courts at law); 1934c (court manager
and coordinator in counties of 2,000,OOO in population). With regard
to support personnel of the court, the district court of Hardin County
is entitled only to the services of the district clerk, article
199(88), section 10, and official shorthand reporter, id. section 12.
We note that the commissioners court may in its discretion provide
"adequate secretarial personnel" to a district officer. V.T.C.S. art.
39121. However, in the absence of any statutory authority the
district judge may not unilaterally appoint and set the salary for a
court coordinator.
SUMMARY
A district judge is empowered to increase the
salaries of assistants in the county auditor's
office at any time during a budget year. A
district judge m=Y not appoint a court
coordinator.
Very truly you
-
J & k&
JIM MATTOX
Attorney General of Texas
p. 210
. -
Honorable Britt Plunk - Page 3 (JM-49)
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
p. 211