THE A JRNEY GENERAL 

OFTEXAS 

March 10, 1967 

Honorable Henry Wade 

District Attorney 

Dallas County 

Dallas, Texas 

Dear Mr. Wade: 

Opinion No. M- 40 

Re: Whether the County Auditor 

must approve for payment 

the compensation amount set 

forth in the Commissioners 

Court Order No. 43912, which 

increased certain county officials' salaries; Article 

38831, Section 18, V.C.S., 

and alternative question. 

In a recent letter to this office, you requested an 

opinion in regard to the above referenced matter. We quote 

from your letter as follows: 

"We are In receipt of two questions from 

George K. Smith, Dallas County Auditor, which 

arise out of the following fact situation. On 

February 2, 1967, the Commissioners Court of 

Dallas County, Texas, unanimously passed Court 

Order No. 43912 wherein the compensation of 

certain elected officials' wages was Increased 

as authorized by Article 38831, Section 18, 

V.A.C.S., effective February 1, 1967. The 

Court Order, a copy of which is enclosed herein, authorizes and directs the County Auditor 

to prepare the necessary transfers from unallocated reserve to the appropriate budgets and 

to approve for payment to the officers named 

therein. One of the officers named in said 

Order has requested the County Auditor to disregard the compensation amount set forth in 

such Order, thereby continuing his compensation amount as prior to the passage of Court 

Order No. 43912. In regard to this fact sltuatlon, we respectfully request your opinion to 

the following questions: 

II ~, 1. Must the County Auditor approve for 

payment the compensation amount set forth in 

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Hon. Henry Wade, page 2 (M-40) 

the Commissioners Court Order No. 43912? 

"In the event question No. 1 is answered 

in the negative, we request your opinion answer 

to question No. 2. 

11 I 2. What compensation amount will the 

County Auditor be required to approve for payment to the officer making the above noted request?' 

11 

. .~ . 

"It is our opinion that the plain meaning 

of the cited statutes authorizes the Commiss!,oners 

Court to increase the compensation of County ,officers in the amounts stated in the Commissioners 

Court Order, authorizing and directing the County 

Auditor to approve for payment the amounts stated; 

therefore, the County Auditor must approve the 

compensation amounts set forth in the Court Order. 

II II 

. . . 

Order No. 43912 of the Dallas County Commissioners 

Court, a copy of which is attached to this opinion request, states 

that the annual compensation of the named county officers shall 

be increased to the following amounts: 

Commissioners 

County Judge 

$;gg 

County Clerk 18:OOO 

Tax Assessor-Collector 20,000 

County Treasurer 16,500 

Constables 13,750 

Sheriff 

Judges, Probate Courts :K% 

Judges, County Criminal Courts 

Judges, County Courts-at-Law 

;& 

, 

Justices of the Peace 

District Attorney 

District Clerk 

pi 

, 

Dallas County Commissioners Court Order No. 43912 further provides as follows: 

"IT IS THEREFORE ORDERED, ADJUDGED AND 

DECREED by the Commissioners Court of Dallas 

County, Texas, that the above stated increases 

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. 

Hon. Henry Wade, page 3 (M-40) 

are and hereby approved, effective February 1, 

1967, and the County Auditor is hereby authorized and directed to prepare the necessary 

transfers from unallocated reserve to the appropriate budgets and to approve for payment 

to the officers named." 

Subsection (a) of Section 8 of Article 38831, Vernon's 

Civil Statutes, provides: 

"(a) In all counties of this State having 

a population ,of not less than nine hundred thousand 

(900,000) inhabitants,and not more than one million, 

two hundred thousand (1,200,OOO) inhabitants, according to the last preceding Federal Census, the Commissioners Court shall fix the salaries of county 

officials as follows: 

"The salary of the county jud e shall be 

Eighteen Thousand Dollars ($18,000 per annum; 

the county commissioners, Fourteen Thousand, 

Six Hundred Dollars ($14,600); criminal district 

attorney and district attorney, not less than 

Sixteen Thousand Dollars ($16,000) nor more than 

Nineteen Thousand, Nine Hundred Dollars ($19,900); 

than Eighteen Thousand, Two Hundred Dollars 

($18,200); tax assessor and collector, not less 

than Fourteen Thousand, Six Hundred Dollars 

($14,600) nor more than Sixteen Thousand, Two 

Hundred Dollars ($16,200); judges of the county 

courts at law and county criminal courts, not 

less than Fourteen Thousand, Four Hundred Dollars 

($14,400) nor more than Seventeen Thousand, Five 

Hundred Dollars ($17,500); county clerk and district 

clerk, not less than Fourteen Thousand, Four Hundred 

Dollars ($14,400) nor more than Fifteen Thousand, 

Four Hundred Dollars ($15,400); county treasurer, 

not less than Thirteen Thousand, Two Hundred Dollars 

($13,200). Salaries fixed by this Section shall be 

payable In equal monthly Installments; provided, 

however, that the total salary received by the tax 

assessor and collector, Including all additional 

fees and compensation, shall not exceed Nineteen 

Thousand, Five Hundred Dollars ($19,500) per annum 

- 192 - 
. / 

Hon. Henry Wade, page 4 (M-40) 

In the aggregate; justices of the peace and the 

constables shall receive not to exceed Twelve 

Thousand Dollars ($12,000) per annum to be paid 

in equal monthly Installments; provided that the 

justices of the peace and constables whose precincts lie wholly or in part In cities having a 

population of six hundred thousand (600,000) or 

more, according to the last preceding Federal 

Census, shall receive not less than Ten Thousand 

Dollars ($10,000) per annum. The Commissioners 

Court of every county, having a population of not 

less than nine hundred thousand (900,000) nor more 

than one million, two hundred thousand (1,200,000), 

according to the last preceding Federal Census, 

shall pay the district clerk and the county clerk 

the same amount for automobile allowance as It 

pays to the other officers receiving the allowance. 

The county judge in such counties, shall be allowed, 

In addition to all other compensation fixed herein, 

the sum of Three Thousand Dollars ($3,000) per 

annum for serving as a member of the County Juvenile 

Board which shall be paid in twelve (12) equal monthly 

installments out of the general fund of such county 

and which additional compensation shall be in addition 

to all other salary or other compensation now paid to 

such county judge. 

Section 18 of Article 38831, Vernon’s Civil Statutes, 

provides: 

“The commissioners court In each county 

in the State is hereby authorized to Increase 

the maximum compensation of each officer enumerated 

In * House Bill No. 374, as amended, in an additional 

amount not to exceed twenty per cent (20%) of the 

maximum sum authorized by House Bill No. 374, as 

amended; provided that the compensation of no official governed by the provisions of House Bill 

No. 374, as amended, shall be set at a figure 

lower than that actually paid on the effective 

date of this Act; and provided, further, that no 

increased compensation shall be authorized pursuant to this Act until and unless a public hearing shall be had by the Commissioners Court, at 

a regular meeting of such Court, upon the question 

of any proposed increase, following publication 

of notice of such public hearing at least two 

(2) ,times, one time a week, In a newspaper of 

- 193 - 
Hon. Henry Wade, page 5 (M-40) 

general circulation In suth 

such oublic hearing . . . 

pllcable to this opinion Is 

38831, Sec. 8(a) V.C.S.). 

part: 

Article 1651, Vernon's Civil Statutes, provides, In 

"The Auditor shall have a general oversight of all the books and records of all the 

officers of the county, district or state, who 

may be authorized or required by law to receive 

or collect any money, funds, fees, or other 

property for the use of, or belonging to, the 

county; and he shall see to the strict enforcement of the law governing county finances." 

mphasis added). 

Article 1660, Vernon's Civil Statutes, provides as 

follows: 

"All claims, bills and accounts against 

the county must be filed in ample time for the 

auditor to examine and approve same before the 

meetings of the commissioners court. No claim, 

bill or account shall be allowed or paid until 

It has been examined and approved by the county 

auditor. The auditor shall examine the same and 

stamp his approval thereon. If he deems it necessary, all such accounts, bill, or claims must 

be verified by affidavit touching the correctness 

of the same. The auditor is hereby authorized,,to 

administer oaths for the purposes of this law. 

Article 1661, Vernon's Civil Statutes, provides as 

follows: 

"He rcounty auditor 7 shall not audit or 

approve ally such claim unress It has been contracted as provided by law, nor any account for 

the purchase of supplies or materials for the 

use of said county or any of Its officer's, unless, j, 

in addition to other requirements of law, there 

is attached thereto a requisition signed by the 

officer ordering same and approved by the county 

judge. Said requisition must be made out and 

signed and approved In triplicate by said officers, the triplicate to remain with the officer 

desiring the purchase, the duplicate to be filed 

- 194 - 
Hon. Henry Wade, page 6 (M-40) 

with the county auditor, and the original to 

be delivered to the party from whom said purchase is to be made before at-v ourchase shall 

be made. All warrants on the"cbunty treasurer, 

except warrants for jury service, must be 

countersigned by the county auditor." (H mphasls added). 

A reading of the applicable statutes makes It clear 

that the salary amounts of county officials as set by Order No. 

43912 of the Dallas County Commissioners Court are within the 

legal limits established by such statutes. No opinion is expressed here as to the validity of Order No. 43912 of the Dallas 

County Commissioners Court except as set forth in the preceding 

sentence. 

Article 1651 provides that the county auditor '. . . 

shall see to the strict enforcement of the law governing county 

finances." Article 1660 provides that the county auditor must 

examine and approve all claims, bills and accounts before the 

same may be paid, and Article 1661 provides that the county auditor 

must countersign all warrants on the county treasurer except those 

Issued for jury service. 

The laws of this State have given the commissioners 

courts of the various counties discretionary power to fix the 

salaries of certain county officials within specified. limits. 

In this regard the function of the county auditor in approving 

the payment of such salaries and In signing salary warrants is 

ministerial only. 

The County Auditor of Dallas County must approve those 

salary payments which cover the increased salaries, from and 

after the date of the adoption of the Commissioners Court's order. 

SUMMARY 

The Dallas County Auditor must approve those 

salary payments which cover the increased salaries 

from and after the date of the adoption of the Commissioners Court's order. 

d rs very truly, 

General of Texas 

Prepared by Lewis E. Berry, Jr. 

Assistant Attorney General 

- 19.5 - 
- . 

Hon. Henry Wade, page 7 (M-40) 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

W. V. Geppert, Co-Chairman 

Pat Bailey 

Hal Sharpley 

Sam Kelley 

STAFF LEGAL ASSISTANT: 

A. J. Carubbi, Jr. 

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