The Attorney General of Texas 

January 11, 1978 

JOHN L. HILL 

Attorney General 

Honorable Jim Sharon Rearden 

Orange County Attorney 

Orange, Texas 77830 

Opinion No. H- 1113 

Re: Authority of the county commissioners court to establish a wage and 

job classification for employees of an 

elected county official, or to increase 

their pay, wlthout the consent of the 

elected official. 

Dear Mr. Rearden: 

Gn behalf of County Tax Assessor-Collector for Orange County you 

have asked: 

1. Can the Orange County Commissioners Court 

legally institute a Wage and Job Classification 

for an elected official’s department without the 

consent of said elected official? 

2. Can said commissioners court unilaterally raise 

the pay of a position in said elected official’s 

department if the elected official does not want 

the employee’s pay increased? 

Generally, the county commissioners court is authorized to “fix the 

amount of compensation, office expense, travel expense, and all other 

allowances for county and precinct officials and employees who are paid 

whoHy from county funds. ‘I V.T.C.S. art. 3912k, Attorney General Opinions H1009 (1977); H-200 (1974); H-35 (1973). 

Article 3912k, the 1971 statute which generally controls the matter and 

which repealed all conflicting previous laws prescribing the compensation for 

any official or employee (including other laws passed in 1971), excepts from its 

operation district attorneys wholly paid by the state, probation officers, 

county auditors, and the employees of each, as well as the judges of courts of 

record and the presiding judges of commissioners courts in counties having a 

population of 1,700,OOO or more. V.T.C.S. art. 3912k, S 7. 
I . 

‘. . 

Honorable Jim Sharon Bearden - Page 2 (R-1113 

County attorneys are not expressly excepted from the operation of article 

3912k, but in 1973 the Legislature enacted article 332a, V.T.C.S., which provides 

that prosecuting attorneys, including county attorneys, may employ such personnel 

as they think necessary and that the salaries for such employees are to be fixed by 

the prosecuting attorney, subject to the approval of the commissioners court. See 

Attorney General Opinions H-921 (1977); H-908 (1976); H-656 (1975). The 1973 act 

repealed conflicting laws and parts of laws. 

No current provision of law has been brought to our attention that would 

exempt the employees of tax assessorl?ollectors from the operation of article 

3912k. A tax assessor-collector is given authority by article 7252, V.T.C.S., to 

appoint one or more deputies, but that officer’s authority is more narrow than that 

of the commissioners court. Attorney General Opinion H-80 (1973). In Green v. 

Stewart, 516 S.W.2d 133 (Tex. 1974), the Texas Supreme Court decided m 

deputies of a county tax assessor-collector are employees of the county and can be 

subjected to the County Civil Service Act, [article 2372h - 61 by the commissioners 

court. Cf. Shore v. Howard, 414 F. Supp. 379 (N.D. Tex. 1976) (adult probation 

officers not covered); Attorney General Opinions H-672 (1975) (juvenile probation 

officers not covered); H-619 (1975) (adult probation officers not covered). 

The County Civil Service Act is now applicable to counties having a 

population of more than 200,000, according to the last preceding census. Acts 1977, 

65th Leg., ch. 244, at 654. Orange County does not fall into that category, and the 

“Wage and Job Classification” system for Orange County about which you inquire is 

not comparable to that act in breadth or scope. It is merely a schedule of job 

descriptions for county employments matched with assigned salary and wage levels. 

We think article 3912k furnishes county commissioners courts ample authority to 

establish such a schedule. See Anderson v. Wood, 152 S.W.2d 1084 (Tex. 1941); 

Attorney General Opinions Ii=20 i - 72); C-792 (1966). We do not 

think the commissioners court must first obtain the consent of the officer in whose 

department the position exists. See Attorney General Opinions H-595 (1975); G-1461 

(1939). 

- 

For similar reasons we are of the opinion that, with the exception provided in 

article 3328, the commissioners court may raise the pay of a position in an elected 

official’s department whether or not the officer desires that the salary assigned to 

the position be increased. 

We note, however, that the commissioners court is prohibited by article 3902, 

V.T.C.S., from attempting to influence the selection of any person to fill a 

deputy’s, assistant’s, or clerk’s post in any county or precinct office and may not tie 

a particular position or salary to the employment of a specific person. 

General Opinion H-697 (1975). 

Attorney 

SUMMARY 

A county commissioners court in a county not subject to the 

County Civil Service Act may institute a wage and job 

P. 4556 
Honorable Jim Sharon Renrden - Pega 3 (H-1113) 

classification eyetern to schedule job deecriptione for county 

employments and match them with assigned salary end wage 

levels. It may ralee the pay of a position in an elected 

official% department, whether or not the official desires it, 

but it may not infltience the selection of the’ person to fill 

the poet. 

Very truly yours; 

/\ 

APPROVED: 

Opinion Committee 

jst