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A- oIIIIIA& 

July 17, 1975 

The Honorable Joe Max Shelton 

Cirayaon County Attorney 

Sherman, Texas 75090 

Opinion No. H- 643 

Re: Authority of commirrionerr 

court to reduce the ralary of a 

county attorney after the budget 

hearing. 

Dear Mr. Shelton: 

You have requeated our opinion regarding the authority of a commireionerr court to reduce the salary of itr county attorney after the annual 

budget hearing haa been held and ralariea have been set. 

You state that the 1975 budget approved by the Commisrioners Court 

of Grayaon County on Augurt 27, 1974, included a $1, 200.00 annual ralary 

increase for all elected county officiala. On January 13. 1975, the Court net 

the ralariea for such elected officiala in accordance with the amounta approved 

in the budget. Then, on February 18, 1975, the Commiraionera Court determined that the county attorney ahould be excepted from the general salary 

increare and fixed hia salary at the amount paid by the State. 

&ay#on County ir one of a number of counties to which a.:: .ie 332b, 

V. T. C. S., ia applicable. That statute fixer the county attorney’0 salary at 

“an amount equal to the compensation paid by the rtatr: to district attorneys 

ar authorized by article 5, rection 21, Conrtitulion of Texar.” Thir amount, 

is paid to the county by the State, but the statute further provider that the county 

may pay “euch l ddtional amount which the commiarionere court of the county 

in itr dircretion fixer aa adequate compensation. ” The commirrionera court 

is attempting to reduce the salary of the county attorney by thir previously 

approved “additional amount” of $1, 200.00. Whether or not auchaction in 

valid dependa upon an interpretation of article 3912k, V. T. C. S., which 

provider, in pertinent part: 

p. 2829 
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The Honorablr Joe Max Shelton, palo 2 . 

Section 1. Except aa otherwire provided by thir 

Act and rubject to the limitationa of thia Act, the 

commiaaionera court of each county ahall fix the 

amount of compensation, office expense, travel 

expenre. and all other allowancea for county~ and 

precinct officiala and employees who are paid wholly 

from county funda, but in no event shall such salaries 

be set lower than they exirt at the effective date of 

thlr Act. 

Sec. 2(a). The salaries. expenree, and other 

allowancea of elected county and precinct officerr 

ehall be ret each year during the regular budget 

haring and adoption proceedlngr on gtving notice 

ar provided by thia Act. 

In Attorney General Opinion H-11, (19731, we held that section 2 of 

article 3912k, by requiring that the ralariem of “elected county and precinct 

offkerr . . . be Bet each year during the regular budget hearing,” meana 

that the arkrice of elected offlctala, once set during the budget hearing, 

may not be increared until the following fircal year. Implicit in this 

conclusion ta the corollary that the ralarier of there officiala may not be 

decreased until the next f&al y:ar. But ree, Attorney General &i?ion 

H-314 (1974). 

It ir our oplnion, that rection 2 of article 3912k. unlike section 1. 

ir not limited to elected county and precinct officers “who are paid 

wholly from county fundr” and therefore applier to county attorneya 

paid in part with rtate fund@. We are #upported in thia poeitton by rubrectlon 7(l) of article 3912k which epecifier: 

p. 2830 
The Honorable Joe Max Shelton - Page 3 

Nothing in thir Act applier to compenratlon; expenrer 

or l llowancee of: (1) dirtricl attorneyr, wholly paid 

by rtate fund., or their aarletantr, inveatigatorr or 

other amployeer. . . (Emphair added). 

Unlerr all persona paid a county ralary are covered by section 2 of article 

3912k even though paid entirely or partly with funda rupplted by the atate, the 

exception regarding dirtrict attorney0 paid “wholly ” by atate funde ia unnecerrary and meaninglear. District attorneyr, like county attorneyr, receive a 

bare salary from the rtate, rubject to being rupplemented by some CPI ntiea 

[ace article 3aa6j, V. T. C. S. I. - 

Accordingly, it ia our opinion that, on the barir on H-11 (1973\, the 

salary of the county attorney may not be reduced below the amount set at the 

annual budget hearing until the following fiacal year. 

SUMMARY 

The Commiaaionera Court may not reduce the salary of 

a county attorney below the amount ret at the annual 

budget hearing until the following fircal year. 

Very truly youra. 

*ROVED: 

, Firrt Assistant 

C. ROBERT HEATH, Chalrman -- 

Opinion Committee 

W