-

aom L ElIa 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 ofa county attorney after the budget hearing. Dear Mr. Shelton:

You have requeated our opinion regarding the authority ofacommireionerr court 

### to reduce the salary ofitr 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 ofGrayaon County onAugurt 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, 

### onFebruary 18, 1975, the Commiraionera Court determined 

### thatthe 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

### anumber of counties towhich 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

### theState, but the statute further provider that the county may pay “euch 

### l

ddtional amount which the commiarionere court ofthe county initr dircretion fixer 

### aa adequate compensation. ” The commirrionera court is attempting to reduce the salary ofthe county attorney by thir previously approved “additional amount” of $1,200.00. Whether or not auchaction in valid dependa upon an interpretation ofarticle 3912k, V.T. C.S., which provider, in pertinent part:



### p. 2829.- .

. . -

The Honorablr Joe Max Shelton, 

### palo 2
.

Section 1. Except aa otherwire provided bythir Act and rubject tothe limitationa 

### ofthia Act, the commiaaionera court ofeach 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 beset lower 

### than they exirt at the 

### effective date of thlr Act. 

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

### other allowancea ofelected 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 2of article 3912k, by requiring that the ralariem of“elected county and precinct offkerr
. . . be Beteach year during the regular budget hearing,” meana that the arkrice ofelected 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 ofthere officiala may not be decreased until the next f&al y:ar. But ree, Attorney General &i?ion H-314 (1974).

Itir our oplnion, that rection 2ofarticle 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 inpart with rtate fund@. We 

### are #upported in thia poeitton by rubrectlon 7(l) of article 3912k which epecifier:

p. 2830The Honorable Joe Max Shelton - Page 3 

### Nothing inthir Act applier 

### tocompenratlon; expenrer orl llowancee of: (1)dirtricl attorneyr, wholly paid byrtate 

### fund., or their aarletantr, inveatigatorr or other amployeer.

. . (Emphair added). Unlerr all 

### persona paid a county ralary are covered by section 2ofarticle 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 CPIntiea 

### [ace article 3aa6j, V.T. C.S.I. - Accordingly, it ia our opinion that, on the barir onH-11 (1973\, the salary ofthe county attorney may not be reduced below the amount set at the annual budget hearing until the following fiacal 

### year. SUMMARY 

### TheCommiaaionera Court may notreduce the salary of a

### county attorney below the amount ret 

### atthe annual budget hearing until the following fircal year. 

### Very truly youra.

*ROVED:

, Firrt Assistant

-- C. ROBERT HEATH, Chalrman Opinion Committee W