Untitled Texas Attorney General Opinion

. Honorable Toti A, Craven .County Auditor McLennan County Waco, Texas Dear Sir: n Opinion No. O-5184 ( .. 7 :.R.q:, Amendment of the’county budget. Your letter’ of April 3, 1943, requesting the opinton of this dep.art- ment on certain questions stated therein with reference to an amendment ., :~~ of the county budget reads as follows: ,:: “Article 689a-9 provides, among other things, that a, county budget shall cover all proposed expenditures of the county government for the year being budgeted and shall also contain a complete financial statement of the county and shall include a statement of the fun~ds available from all sources during the year budgeted. In compiling any budget covering a future period of time, it is. of course, necessary to make es- timates both as to probable expenditures and revenues. Using . past expertences as a guide, usually a county budget can be rea- sonably, accurately compiled. The amount of tax collections is not difficult to estimate correctly but fees of office charged for services rendered the publiccan not always be as accurately estimated. The demands for expenditures out of the Officers Salary Fund of a county are contingent, to a degree, .on the vol- ume of services rendered the public as reflected in the fee reve- nues, Article 689a-11 outlines the conditions under which a county budget may be amended. Would the collection of fees for the benefit of the Officers Salary Fund in excess of the amount estimated under the budget, become available for expenditures beyond those’antic.ipated in the budget but necessary in connec- tion with the efficient operation of the departments in the Offi- cers Salary Fund Group ? Honorable Tom A~. Craven, Page 2, O-5184 ?.War conditions have brought about a number of changes in our business economy-- some of which might have been anti- cipated several months ago and others which reasonably diligent thought might have not revealed. Necessary living costs in some areas have ad,vanced more than might have been expected. This is particularly true in counties such as McLennan County having large increases in population due to war activities, Competition affects labor and salary schedules. This does not necessarily mean direct competition with governmental and defense agencies but as the surplus man-power has been cons.umed ~by industry or otherwise, operations outside those defined as essential to the war effort must compete for the services of those yet available for such operations. Because of these conditions, the depart- mental officials of McLennan County contend they will be unable to efficiently carry out the duties and functions of their respec- tive departments during the remainder of 194.3 without an increase in salary allotments above those set out in the 1943 county budget. ,. “Would the contention of these departmental officials, if sub- ‘. .. .- _.., stantiated by them, justify an emergency amendment to the county budget under the provisions for making such amendments as out- lined in article 689a- 117 * On April 13, 1943~. we wrote you requesting certain additional in- formation relative to your request and in compliance with our request for addi- tional information on April 21, 1943, you wrote us as follows: “In reply. to your letter of April 13th asking for additional information relative to opinion request o-51.84, I shall make a few general observations followed by more specific information. “Supplement.ing the information given in paragraph 1 of my letter of. April 3rd, I wish to add that not only this year but frequently we have situations arise under which conditions have changed sfnce’ budget making time which require an expansion of operations in a given office beyond what was anticipated, or could have been antici- pated, at the time the budget was made, and, in many instances, the expansion of ope,rations brings in additional revenues. In most of these instances, the regular working personnel as anticipated under the budget is unable to efficiently handle the work under the expanded Honorable Tom A. Craven, Page 3, O-5184 operation~.,;As.anexa.mple, .of,~one of these situations, reference might be made to the .fact that some twelve ,months ago the demand for birth certificates from the County Clerk multipliedseveral times,: In McLennan County this, additional work required two extra ,. .. dep~uties, to handle,tbe situation efficiently. The increased ,work pro- duced revenues not anticipated under the budget.. Another situation .would ,be a large: increase in the number of poll taxes collected., : The fees received by a county for collecting poll-taxesdo not _ amount to enough to cover the expense of such collections and sub- sequent handling. of the poll lists. These examples are, submitted mshow that we.are sometimes .confronted with a propos~ition of, spending Morse fork deputy~ hire than was anticipated under the budget but in spending that additional,amount, .increased revenues. inthe, same-,,off~ice are produced. While on the other hand, we frequently have an expanded operation which does-not produce sufficie~nt addi- tional revenues to, cover the ,additional. co& of the expansion. Again, we might have a: s.urplus of increased~ re~venues in one. offices of the _.. Officers’.Salary Group and a-deficit caused by a necessary e.xp.anded program in another. office ~of’the same-group.’ When application is ,made’.by ‘a:department head for additional deputies to