OFFICE OF THE ATTORNEY GENERAL. STATE OF TEXAS 

JOHN CORNYN 

November lo,2000 

The Honorable Carole Keeton Rylander 

Comptroller of Public Accounts 

P.O. Box 13528 

Austin, Texas 7871 l-3528 

Opinion No. JC-0305 

Re: Whether the Comptroller must continue to 

pay monthly installment payments to a county 

that has stopped, midyear, collecting the fee 

authorized by section 5 1.702 ofthe Government 

Code, and related question (RQ-025 1-X) 

Dear Comptroller Rylander: 

Section 5 1.702 ofthe Government Code authorizes a county to collect designated tiling fees 

and court costs to fund salary increases for statutory county court-at-law judges. See TEX. GOV’T 

CODE ANN. 5 51.702(a), @), (d) (Vernon Supp. 2000); see also id. $5 25.0005, .0015. Section 

25.0015 of the same code requires the Comptroller annually to pay $35,000 for each of certain 

statutory county court judges in the county to a county “that collects the fees and costs” under 

section 51.702 “in equal monthly installments.” See id. 5 25.0015(a), (b). You ask whether the 

Comptroller must continue to remit the statutory county court-at-law judge “supplemental salary 

funds under Section 5 1.702 to a county that has discontinued collection of those funds in the 

middle of the program year.“’ We understand this inquiry to concern the continued payment of the 

equal monthly installment payments required by section 25.0015(b) of the Government Code. We 

conclude that the Comptroller may stop remitting these installment payments. 

You then ask whether the Comptroller may transfer the “allocation” of a county that 

discontinues participation midyear “to the pool of funds that is available to the other counties that 

participate in this program.” Request Letter, note 1, at 3. We understand that this question does not 

concern the Comptroller’s authority to use money horn the county that has discontinued 

participation to fund the monthly supplement participating counties receive from the state. Rather, 

this question concerns the Comptroller’s duty under section 25.0016 of the Government Code to 

distribute to participating counties funds left over at the end of a program year, including any funds 

from the county that discontinued participation that were not distributed as monthly supplements. 

See TEX. GOV’T CODE ANN. § 25.0016(a) (Vernon Supp. 2000) (providing for end-of-program-year 

distribution of excess funds). We conclude that a county that terminated its participation midyear 

‘Letter from Honorable Car& K&on Rylander, Comptroller of Public Accounts, to Honorable John Comyn, 

Texas Attorney General at 3 (June 21,200O) (on file with opinion Committee) [hereinafkr Request Letter]. 
The Honorable Carole Keeton Rylander - Page 2 (X-0305) 

is entitled to a share of any excess funds. The Comptroller may not divide the discontinuing 

county’s share among the other counties that participated throughout the program year. 

Section 51.702 and certain sections of chapter 25 of the Government Code establish a 

program through which a participating county may supplement statutory county court judges’ 

salaries. SeeTex. Att’y Gen. Op. Nos. JC-0196 (2000) at 1-2; X-0159 (1999) at 1; X-0158 (1999) 

at 1; JC-0157 (1999) at 1; see also Ector County v. Hollmann, 901 S.W.2d 687,689 (Tex. App.-El 

Paso 1995, no writ) (stating that county’s participation is voluntary). To participate, a 

commissioners court must authorize the statutory county court clerk to collect special filing fees and 

court costs, and by June 1 preceding the July 1 start of the program year the commissioners court 

must inform the Comptroller that it has resolved to participate. See TEX. GOV’T CODE ANN. 

$5 1.702(f) (Vernon Supp. 2000). Then, on July 1, the statutory county court clerk in a participating 

county begins collecting a $40 filing fee in each civil case in the statutory county court and a court 

cost of $15 from each person who is convicted of a criminal offense in a statutory county court, 

unless the person is convicted under a law that regulates pedestrians or motor-vehicle parking. See 

id. 5 51.702(a), (b). The county continues to participate from program year to program year until 

it rescinds its resolution in accordance with the statute. See id. 5 50.702(g), (h). 

A participating county must pay qualified county court-at-law judges the salary required by 

section 25.0005(a) or(e) of the Government Code. Id. § 51.702(k); see Tex. Att’y Gen. Op. Nos. 

JC-0196 (2000) at 1; JC-0159 (1999) at 1, JC-0158 (1999) at 1; Tex. Att’y Gen. LO-94.048, at 3. 

To receive a state contribution toward the higher salaries, the clerk remits the fees and costs that are 

collected under section 51.702(a) and (b) to the Comptroller for deposit in the state treasury’s 

judicial fund. See TEX. GOV’T CODE ANN. 5 5 1.702(d) (Vernon Supp. 2000); Tex. Att’y Gen. Op. 

No. JC-0196 (2000) at 1. In return, a participating county receives two kinds of payments from the 

state beginning on September 1: aregular monthly payment and a year-end percentage ofany excess 

left in the fund. First, section 25.0015 of the Government Code requires the state annually to send 

to a participating county $35,00%$30,000 from the judicial fund and $5,000 from the general 

revenue fund-for each statutory county court judge in the county who does not engage in the 

private practice of law and who meets other statutory qualifications. See TEX. GOV’T CODE ANN. 

5 25.0015 (Vernon Supp. 2000). The amount is paid “to the county’s salary fund in equal monthly 

installments.” Id. 3 25.0015(b). Second, section 25.0016 of the Government Code requires the 

Comptroller, at the end of the state’s fiscal year, to divide any money remaining in the judicial fund 

among participating counties: 

(a)~ At the end of each state fiscal year the comptroller shall 

determine the amounts deposited in the judicial fund under Section 

51.702 and the amounts paid to the counties under Section 25.0015. 

If the total amount paid under Section 5 1.702 by all counties exceeds 

the total amount paid to counties under Section 25.0015, the state 

shall remit the excess to the counties proportionately based on the 

percentage of the total paid by each county. 
The Honorable Carole Keeton Rylander - Page 3 (JC-0305) 

(b) The amounts remitted under Subsection (a) shall be paid 

to the county’s general fund to be used only for court-related 

purposes for the support of the judiciary. 

Id. 5 25.0016(a), (b), 

Your inquiries stem from Dallas County’s mid-program-year withdrawal from the 

supplemental salary program authorized by sections 25.0015 and 5 1.702 of the Government Code. 

See Request Letter, supra note 1, at l-2. Dallas County joined the program in accordance with the 

statute in 1992 and participated until October 1999. See id. On October 5, 1999, “[tlhe Dallas 

County Commissioners[] Court adopted an order. . to discontinue the assessment and collection 

of fees under section 51.702 of the [Government] Code in that county, effective October 1, 1999.” 

Id. at 2. You have been informed that Dallas County will not resume collecting court costs and fees 

under section 51.702, although this office recently opined that a participating county may not 

withdraw in the midst of a program year. Id.; see Tex. Att’y Gen. Op. No. JC-0196 (2000) at 3 

(concluding that county could not withdraw from program midyear). You further understand that 

should you remit any payments under section25.0015, Government Code, Dallas County will return 

the payments “‘without endorsement.“’ Request Letter, supra note 1, at 2. 

We conclude, in answer to your first question, that the Comptroller need not continue to 

remit monthly installment payments to a county that has stopped collecting the tiling fees and court 

costs in the midst of a program year. See Request Letter, supra note 1, at 3. Neither section 5 1.702 

nor section 25.0015 expressly contemplates that a county will participate in the program for only part 

of a program year. Indeed, Attorney General Opinion JC-0196 concludes that section 5 1.702 of the 

Government Code does not permit a participating county to withdraw from the salary supplement 

program during a program year: “A commissioners court may not withdraw in the middle of the 

program year It may rescind its resolution authorizing participation in the program only with 

respect to a future program year.” Tex. Att’y Gen. Op. No. JC-0196 (2000) at 3. Consequently, we 

resolve the issue without the benefit of express guidance from the legislature. 

While the state’s contribution is annual and paid in “equal monthly installments,” see TEX. 

GOV’T CODE ANN. 9 25.0015(b) (Vernon Supp. 2000), section 25.0015 appears to intend that a 

county will receive a contribution from the state only if it pays into the program. Section 25.0015 

requires the state annually to compensate only a county “that collects the additional fees and costs” 

under section 51.702. See id. § 25.0015(a). Further, the state’s monthly installment payment 

correlates to the county’s collection of the additional fees and costs and remittance to the 

Comptroller. Although a participating county starts collecting the special fees and costs 

under section 5 1.702 in July, it receives no contribution from the state until September 1. See id. 

5 25,0015(a) (noting “first day of the state fiscal year” as beginning date for annual compensation 

of county court judges). Section 5 1.702(i) similarly specifies that a county that begins collecting 
The Honorable Carole Keeton Rylander - Page 4 (X-0305) 

fees and costs in the midst of the program year may not receive a contribution from the state earlier 

than sixty days after the county begins collecting: 

A county that is not eligible to participate under Subsection 

(f) on July 1 of a year but is eligible to participate later in the year 

may submit a resolution meeting the requirements of Subsection (f) 

to the comptroller. The comptroller shall determine the date the 

county may begin to collect fees and costs under this section. A 

county that begins to collect fees and costs under this section after 

July 1 is not eligible for a payment by the comptroller under Section 

25.0015 until the 60th day after the date the comptroller determines 

the county may begin to collect fees and costs under this section. 

Id. 3 5 1.702(i). From this we conclude that when a county stops collecting the additional tiling fees 

and court costs midyear, the Comptroller has no further duty to remit monthly installments under 

section 25.0015. See id. 3 25.0015. 

Given our conclusion that the Comptroller need not remit monthly installments to a county 

that stops participating in the midst of a program year, you ask whether the funds that would 

otherwise have gone to that county as monthly supplements may be included in the judicial fund and 

divided among the remaining participating counties at the end of the state fiscal year under section 

25.0016 of the Government Code. Although a court recently questioned whether this “manner of 

funding an increase in judicial salaries” may “inadvertently run afoul of the constitution,” see 

Ryfander v. Caldwell, 23 S.W.3d 132, 138 (Tex. App.-Austin 2000, no pet.), we will respond to 

your question. 

You do not ask whether the contributions of a county that discontinues participation midyear 

may be used to fund other counties’ monthly allotments under section 25.0015 of the Government 

Code. Rather, you ask only whether, should there be any money left in the fund at the end of the 

program year, the county that terminated its participation midyear is entitled to a share of the excess 

monies. 

We conclude that, because the county that stops participating midyear contributed a 

percentage of the excess funds, it is entitled to receive a corresponding percentage of any excess. 

Under section 25.0016 of the Government Code, “the state shall remit the excess to the counties 

proportionately based on the percentage of the total paid by each county.” TEX. GOV’T CODE ANN. 

5 25.0016(a) (Vernon Supp. 2000). Thus, each county that participated during the state fiscal year 

is entitled to a share of any money left over at the end of that fiscal year, and the entitlement is not 

contingent upon the county’s participation at the time the Comptroller distributes the excess funds. 

Accordingly, the Comptroller must, under section 25.0016, remit the appropriate portion of the 

excess funds to a county that discontinues participation midyear. The money must be deposited into 

the county’s general fund “to be used only for court-related purposes for the support of the 

judiciary.” Id. § 25.0016(b). 
The Honorable Carole Keeton Rylander - Page 5 (X-0305) 

Section 51.702(k) of the Government Code does not suggest that all of the money collected 

by a county that discontinues participation midyear must be distributed to participating counties in 

the form ofmonthly contributions under section 25.0015. Section 51.702(k) directs the disposition 

of money collected under that section by a county after it stops participating in the program: 

Money collected under this section after a county ceases to 

participate in the collection of additional fees and costs under this 

section shall be remitted to the comptroller. The money shall be 

deposited in the judicial fund and shall be distributed to counties 

currently participating under this section in the manner described in 

Section 25.0005. 

Id. $51.702(k). First, while section 25.0005 ofthe Government Codeto which section 51.702(k) 

refers-pertains to county court-at-law judges’ salaries, it does not provide a system of distributing 

money from the judicial fund. See id. 5 25.0005. Consequently, we question section 51.702(k)‘s 

reference to section 25.0005. Cj: id. § 25.0015 (providing for state contribution to counties 

participating in program). Second, because of its reference to counties “currently participating” in 

the program, we understand section 5 1.702(k) to govern the use of money collected by a no-longerparticipating county for the monthly contributions that the state pays under section 25.0015 of the 

Government Code, not to the distribution ofexcess funds under section 25.0016. See id. $5 25.0015, 

5 1.702(k). 

Your letter indicates that Dallas County will refuse monthly payments only under section 

25.0015, not a portion of any excess funds under section 25.0016. See Request Letter, supra note 

1, at 2. We assume, therefore, that the county will not refuse the portion to which it is entitled under 

section 25.0016. 
The Honorable Carole Keeton Rylander - Page 6 (X-0305) 

SUMMARY 

The Comptroller has no duty to remit monthly allotments of 

statutory county court-at-law supplemental salary funds to a county 

that discontinues, in the middle of a program year, collecting the 

filing fees and court costs authorized by section 51.702 of the 

Government Code. See TEX. GOV’T CODE ANN. $5 25.0015, 

5 1.702(a), (b) (Vernon Supp. 2000). 

Under section 25.0016 ofthe Government Code, each county 

that participated in the program under section 5 1.702 during the state 

fiscal year is entitled to a share of any money left over at the end of 

that fiscal year. See id. 8 25.0016(a). The Comptroller must remit the 

appropriate portion of the excess funds to a county that discontinues 

participation midyear. See id. 9 25.0016(b). 

JOkN CORNYN 

Attorney General of Texas 

ANDY TAYLOR 

First Assistant Attorney General 

CLARK KENT ERVIN 

Deputy Attorney General - General Counsel 

SUSAN D. GUSKY 

Chair, Opinion Committee 

Kymberly K. Oltrogge 

Assistant Attorney General - Opinion Committee