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 Comissioners* 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 appolntmcnt 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 includ8d 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 anotherapproving order of tho Commissioners' Court, such havlng already been approved once, and before roappointmat was made. 

*Otherwise, if the Diotrict sets the salary et 

$1000 in December when ho roappolnts, the Commissioners' 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,'was approved 

by the Commissioners1 COWA, reads a9 fOLlOwS: 

Wonroo, Texas, 

July 25, 1941 

"Honorable Commissioners~ Court 

Wailer County, Hempstead, Texas. 

Gentlem8n: 

J.n aocordanoo with Senate Bill No. 119 Of the 

I ' .47th Legislature 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 annually, el'feCtiV8 hugunt 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 

Judioial Distriot of 

Ninth 

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 hereby 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 'Auditor of 

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 .tle 47th 

Legislature, Roguaar Sossion, 1941, is applioable to any 

county having a population of 35,000 inhabitants or more* 

according to the laet preceding >'8d8ral consus, or having 

a tax valuation of $15,000,000, or over', aocording to the la3t 

approvod tax roll. Nailer County does not lava the population or tax valuation as mentioned in Section 1 of Senate 

Bill No0 119, supra, therefore, this seotion is not aPPlicable 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?ntionod and onumoratod in the 

preooding Article shall dotormlne that an 

Auditor is a public nooonsity in the dispatch of tho county business, and shall 

enter an order upon tho minutes of said Court 

fully setting out the roanon for and nocossity 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 Coilntg Auditor as provided in the 

precading Article, who shnll qualify and perform all the duties required of County duditors by tho laws of this Stato, and who 

shall receive as oo,npenaetion for 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 Collector of Taxes in his co'unty, and not less 

than the annual salary allowed ouch County 

Auditor undor the Gonoral Laru provided 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;r tha 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 beComa effective until the boginning of ths 

next ensuing *fisool year of the county; provided, however, any incroaso in the salary 

of any such County Auditor, over and above 

the annual salary allowed nuoh County Auditor under the general law provided in L-tiolo 1645, as said ArtiOlo existed on January 

1, 1940, shell only bo allo.ved or 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 mcddo by ardor of such Court and rooordcd in tho minutos of the CoLmisaionors' Court 

of such County. Providod, said Dfstriot Judge 

or District Judges shall have tho poJ:or to discontinue 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 appointment, when it is oloarly shovtn that such duditor 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 alloivcd such county auditor under the general law proVI&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 roappointed 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 inquiry, 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