## THE A JRNEY GENERAL OFTEXAS

March 10, 1967

Honorable Henry Wade District Attorney Dallas County Dallas, Texas

Dear Mr. Wade: OpinionNo. M- 40

Re: Whether the County Auditor must approve for payment the compensationamount 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 referencedmatter. We quote from your letter as follows:

"Weare In receipt of two questions from GeorgeK. 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., effectiveFebruary 1, 

## 1967. The Court Order, a copy of which is enclosedherein, authorizesand directs the County Auditor to prepare the necessary transfers from unallocated reserve to the appropriatebudgets and to approve for payment to the officers named therein. One of the officersnamed in said Order has requested the County Auditor to disregard the compensationamount set forth in such Order, thereby continuinghis 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 compensationamount set forth in

-190-Hon. Henry Wade, page 2 (M-40)

the CommissionersCourt Order No. 43912?

"In the event questionNo. 1 is answered in the negative,we request your opinion answer to questionNo. 2. 11 I 2. What compensationamount will the County Auditor be required to approve for payment to the officermaking the above noted request?' 11

. .~. "It is our opinion that the plain meaning of the cited statutesauthorizes 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 Auditormust approve the compensationamounts 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 opinionrequest, states that the annual compensation of the named county officers shall be increased to the followingamounts:
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 CommissionersCourt OrderNo. 43912 further provides as follows:

"IT IS THEREFORE ORDERED,ADJUDGED AND DECREED by the CommissionersCourt of Dallas County, Texas, that the above stated increases

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

are and hereby approved, effectiveFebruary 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 officersnamed."
Subsection (a) of Section

## 8of 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,andnot more than onemillion, two hundred thousand (1,200,OOO) inhabitants,according to the last precedingFederal Census, the Commissioners Court shall fix the salaries of county officials as follows:
"The salary of the county jud e shallbe 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 SeventeenThousand, 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 shallbe payable In equalmonthly Installments;provided, however, that the total salaryreceived by the tax assessor and collector, Includingall additional fees and compensation, shall not exceed Nineteen Thousand, Five Hundred Dollars ($19,500)per annum

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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 equalmonthly Installments;provided that the justices of the peace and constableswhose 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 precedingFederal Census, shallpay the district clerk and the county clerk the same amount for automobile allowance as It pays to the other officersreceiving the allowance. The county judge in such counties, shall be allowed, In addition to all other compensationfixed herein, the sum of Three Thousand Dollars ($3,000)per annum for servingas a member of the County Juvenile Board which shallbe paid in twelve (12) equalmonthly installments out of the general fund of such county and which additional compensation shallbe in addition to all other salary or other compensationnow paid to such county judge.
Section 18 of Article 38831,Vernon’s Civil Statutes, provides:
“The commissionerscourt 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 authorizedby House Bill No. 

## 374, as amended; provided that the compensation of no official governed by theprovisions of House Bill No. 

## 374,

as amended, shallbe set at a figure lower than that actually paid on the effective date of this Act; and provided, further, that no increased compensation shallbe authorizedpursuant to this Act until and unless a public hearing shallbe had by the CommissionersCourt, at a regularmeeting of such Court, upon the question of any proposed increase, followingpublication 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

"TheAuditor shallhave 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 countymust be filed in ample time for the auditor to examine and approve same before the meetings of the commissionerscourt. No claim, bill or account shallbe allowed or paid until It has been examined and approved by the county auditor. The auditor shall examine the same and stamphis approval thereon. If he deems it necessary, all such accounts, bill, or claimsmust be verifiedby 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:

"Hercounty auditor 7 shallnot audit or approve allysuch 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 signedby the officer ordering same and approved by the county judge. Said requisitionmust be made out and signed and approved In triplicateby 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 saidpurchase is to be made before at-vourchase shall be made. All warrants on the"cbunty treasurer, except warrants for jury service,must be countersignedby the county auditor." (Hmphasls added).

A reading of the applicable statutes makes It clear that the salary amounts of county officialsas set by OrderNo. 43912 of the Dallas County CommissionersCourt are within the legal limits establishedby such statutes. No opinion is expressed here as to the validity of Order No. 43912 of the Dallas County CommissionersCourt 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 auditormust examine and approve all claims, bills and accounts before the samemay be paid, and Article 1661 provides that the county auditor must countersignall warrants on the county treasurer except those Issued for jury service.

The laws of this State have given the commissioners courts of the various countiesdiscretionarypower to fix the salaries of certain county officialswithin specified. limits. In this regard the function of the county auditor in approving the payment of such salariesand In signing salarywarrants is ministerial only.

The CountyAuditor of Dallas Countymust approve those salarypaymentswhich cover the increased salaries, from and after the date of the adoption of the CommissionersCourt's order.

SUMMARY
The Dallas County Auditormust approve those salarypaymentswhich 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 Preparedby Lewis E. Berry, Jr. AssistantAttorney 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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