. .- s.

OFFICE OF THE ATTORNEY. GENERAL OF TEXAS AUSTIN

Honorable Taylor Carlisle Diotriat Attornq Kau.lkrtnCounty Kaufman, Texas Dear Sir: 

# Omliotl

Ii

Your letter of Yul ion of this depwtment on the been receive%. Yequo ssting the ate% therein haa as foll0wr.t

tains to the apuditorr, the %irlnted a n6wan%

incrcaae in the salary of anysuch County Auditor, over andabove the annual aalary allows such CountyAuditor under the general law provided in Art, 1645, as aaL%Art, existed on January 1, 1940,’ shall only be alloved as permitted with the express consent andapproval of the Commlmtloners~ Court of the OoUntywhom County- 2.

Honorable ‘Paylor CarllsLe, page 8

Auditor is affected or maybe affeoted by the provieions of this act.’

“Under the above statement of faots andthe quoted provision of Art. 1645 does the District Judge hove the right to set the CountyAuditor’s salary at a sumover and above that which existed on January 1, 1940, vlthout the express oonsent and approval of the Commiasionerm~Court of Slatimm Countyby an order duly reoorded in tho minute8 of aat%Court? The quertlon put another v&y, doe8 th8 Commirsionerst Oourt have anydiecretlonary power ln setting the salary of ruoh Auditor?” Benate Bl13 Hoc 119, Aotr of the 4?th Leglrlature, ttegular Baseion, 1941, anmuiing Artiole 1645, Vernon’r Annotated Civil Statutes, read8 ia part a8 followat

“Artiole 

### 164!% Xntmycounty having a pop&~- t&on of thirty-five thousan% (35,000) inhabltamtr, or over* according to.the laot preoedlng Federal Ceneus or hav lion (~15,000,00 .OO) Dollars, or over aocording

3 a tax valuation of F&SteenHLI3*
to the last approve% tax roll, there &all be biannually appointed anauditor of aooountr and finktnoett, the itle of said officer to 

### be aounty auditor, who hall hoi% hi8 offloe for two (a) pear8 andWhosha 1 re0eiVe as OOmpensRtlOA SOI? him aervioer to the county &I8uoh oounty auditor, anannual salary of not morethan the annual aal* ery alloved OFpaid the aasee$or and oolleotor of taxes Itnhis oounty, andnot lea8 than the annual qalary allowed ruoh county auditor under the genera1 lav provide% in Article 1645, Revised Civil Statutes, ae said rrtiole~existed on Sanuary.3, 1940, such salary of the oountg auditor to be ,fiap ed an%determined by the diatrlot judge or distrtit judges making suoh appointment an%having jurisdlotion in the oounty, 8majority ruling,, said annual salary to be peid monthly out of the general fund of the oounty. Theaotlon of said dietriot judge or distriot judges in determining an%fixing the salary of this oounty auditor shall be madeby orberfIonorable Taylor CnrlIale, pngo 

### 3

andrecorded In tha minutes of the district court of the county, andtho alark thereof shall oertify the samefor observanoo to the oommlssloners~ court whlah ohnll oause the sameto be reoorded In Its minutes; after the salary of the oounty auditor has been faxed by the district judge or district Judges, no change in such salary shall thereafter becone effective until the beginnine of the noxt ensuJ,ngfiscal yeor of the county, ProvMed houever, any i.ncrcase in the enlarg of any such county auditor, over andabove the annual salorg allowed such county auditor under the general law provided In Article 1643, as said a~rticle exintcd onJanuary 1, 1940, shall only be alloved and ppermitted with the expreos oonsont andapproval of the commissionerst court of the county riiloso ’county auditor la affected or maybe affeoto% by the provisions of this aoti such oonsent andapproval of suoh cornmias,ionere~ oourt shall be made**by** order of suoh court andrecorded In the minutes of the oommissionerat oourt of such oounty.

. . 6’
Artiole 

### 1645, Vernon’s Annotated Civil Statutes, am It existed January 1, 1940, road In part amfollow8t

“In any oounty having a population of thirtyfive thousand (35,000) Inhabitants, or over, eocordIn.gto the preoeding Federal Census, or having a,tax valuation of Fifteen pIIllIon ($1.5,000,000~00) Dollare, or over, aooording to the laatapproved tax rolls, there shall be biannually eppointed anauditor of aoaounts andfinancea, the title of said offlaer to be county auditor, vho shall hold him office for two (2) years, andwhoshall r’eoeive urnoomDensetIon for his eervioes OneHundredandTwenty-five Dollars ($125.00) for each million dollars, or major portion thereof from the assesed valuation, the annual aalary to be aomputedfrom the last approved tax roll; aai% annual anlarg from county funds shall not exceed Three Thous?nd, Six DundredDollarr ($3,600.00)

l l *Senate Dill No. ,119, auprB, amongother thin&s, provides In effect that the county auditor shall reaeive a ealaryIIonorable Taylor Carlisle, page 4

as compensation for his services to the county as such,county auditor an annual snlary of not more tha,nthe onnunl salary a,ll.owed or pald the asacsaor and collector of taxeo in the coLlnty, sndnot lcos timn the annual anlary allowed such county tiudltor under the eeneral law provided in fu%icle 1645, Revised 

### civil 0tatutc3, 1940. OS said article existed onJanuary 1, Thesalary of the county auditor is to be fixed anddotermined by the district judge or dlstriot judges having jurisdiction in the county, andwher&there Is morethan one dietrict judge, a majority ruling mustbe had In determIning and fixing the salary of the oountg auditor. However, if there is any increase in the salary of the county auditor, over and above t,heannual salary allowed the county audit,or under the general, lawprovided in Article 1645, aa said Artiole existed onJanuary 1, 1940, the aamoshall only be allowed or permitted with the express consent andapproval of the commiaaloners’ court of the county whoee oounty auditor is affeoted by the provisions of the Act andsuch consent andappxoval of suoh commlssionera~ court shall be madeby order of such oourt andreaorded in the minutes of the conmieelonera~ oourt of such county. In other words, the salary of the county auditor ia to be detesmlned andfixed by the diatriot judge or diatrlct judgea having jurladiotion in the oounty, andif there is an lnoreaae in the lsalary of the oountg auditor over and above the annual salary allowed.ruch oounty auditor under the general law provided in Artiole 1645, ao said article existed on &nuary 1,1940, the Increase in ,ealarg shall not be allowed or permitted without the express consent andapproval of the oommlsslonerat court of the county whoso county~auditor is af-

. fectedr Kaufmancounty has a population of more than 35,000 inhabitants accardlng to the laet Federal Genrus andits tax valuatloa is morethan 415,000,000.00 aooordlng to ‘the last approf3d tax roll. Therefore, the provisions. of the foregoing statute are appligable to KaufmanCounty.

In anewer to your first questIon you are rerpeotfullg advlaetl that it is ouz opinion under thk above rtatement of facts end the foregoing etatute8, that the salary of the county auditor ia to be determined andfixed by the dletriat judge 

### or district judgea having jurlsdlotlon in the oounty, and if there ie an Increase in the salary of the oounty WIltOr over. -

Honorable Taylor Carlisle, **page** 5

andabove tho annual salary allowed such oounty auditor under the general lawprovided in Artlole 1645, as said article cxisted on January 1, l.940, the inoreaae in salary shall not be slplowedor permitted wkthout the axprass consent andapproval of the commissionera~ ooort of KaufmanCounty,

Considering what has been said ln answersto your first question, it necessarily follows that your reoond queetion requires no father disoussionr
/7 YOUPU *erg truly

,,’ ATTORldEYOENlBALOFTEXAS

AWldb Ardell Wllllams Asriatant