. .- 

s. 

OFFICE OF THE ATTORNEY. GENERAL OF TEXAS 

AUSTIN 

Honorable Taylor Carlisle 

Diotriat Attornq 

Kau.lkrtn County 

Kaufman, Texas 

Dear Sir: Omliotl Ii 

Your letter of Yul 

ion of this depwtment on the 

been receive%. Ye quo 

ssting the 

ate% therein haa 

as foll0wr.t 

tains to the apuditorr, the %irlnted a n6w an% 

incrcaae in the salary of any such 

County Auditor, over and above the annual aalary 

allows such County Auditor 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 and approval of the 

Commlmtloners~ Court of the OoUnty whom County 
- 2. 

Honorable ‘Paylor CarllsLe, page 8 

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

“Under the above statement of faots and the 

quoted provision of Art. 1645 does the District 

Judge hove the right to set the County Auditor’s 

salary at a sum over and above that which existed 

on January 1, 1940, vlthout the express oonsent 

and approval of the Commiasionerm~ Court of Slatimm County by an order duly reoorded in tho minute8 

of aat% Court? The quertlon put another v&y, doe8 

th8 Commirsionerst Oourt have any diecretlonary 

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!% Xn tmy county 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 3 .OO) Dollars, or over aocording 

a tax valuation of F&Steen HLI3* 

to the last approve% tax roll, there &all be biannually appointed an auditor of aooountr and finktnoett, the itle of said officer to be aounty auditor, who hall hoi% hi8 offloe for two (a) pear8 

and Who sha 1 re0eiVe as OOmpensRtlOA SOI? him 

aervioer to the county &I 8uoh oounty auditor, 

an annual salary of not more than the annual aal* 

ery alloved OF paid the aasee$or and oolleotor of 

taxes Itn his oounty, and not 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, 8 majority ruling,, said annual 

salary to be peid monthly out of the general fund 

of the oounty. The aotlon of said dietriot judge 

or distriot judges in determining an% fixing the 

salary of this oounty auditor shall be made by orber 
fIonorable Taylor CnrlIale, pngo 3 

and recorded In tha minutes of the district court 

of the county, and tho alark thereof shall oertify the same for observanoo to the oommlssloners~ 

court whlah ohnll oause the same to 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,ng fiscal yeor of the county, ProvMed houever, any i.ncrcase in the enlarg of any such county 

auditor, over and above the annual salorg allowed 

such county auditor under the general law provided 

In Article 1643, as said a~rticle exintcd on January 

1, 1940, shall only be alloved and ppermitted with 

the expreos oonsont and approval of the commissionerst court of the county riiloso’ county auditor la 

affected or may be affeoto% by the provisions of 

this aoti such oonsent and approval of suoh cornmias,ionere~ oourt shall be made by order of suoh 

court and recorded 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 am follow8t 

“In any oounty having a population of thirtyfive thousand (35,000) Inhabitants, or over, eocordIn.g to 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 an auditor of 

aoaounts and financea, the title of said offlaer to 

be county auditor, vho shall hold him office for 

two (2) years, and who shall r’eoeive urn oomDensetIon 

for his eervioes One Hundred and Twenty-five Dollars 

($125.00) for each million dollars, or major portion 

thereof from the assesed valuation, the annual aalary to be aomputed from the last approved tax roll; 

aai% annual anlarg from county funds shall not exceed Three Thous?nd, Six Dundred Dollarr ($3,600.00) 

l l * 

Senate Dill No. ,119, auprB, among other thin&s, provides In effect that the county auditor shall reaeive a ealary 
IIonorable Taylor Carlisle, page 4 

as compensation for his services to the county as such, county 

auditor an annual snlary of not more tha,n the onnunl salary 

a,ll.owed or pald the asacsaor and collector of taxeo in the 

coLlnty, snd not 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 on January 1, 

The salary of the county auditor is to be fixed and dotermined by the district judge or dlstriot judges having jurisdiction in the county, and wher& there Is more than one dietrict judge, a majority ruling must be 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,he annual salary allowed the county audit,or under the 

general, law provided in Article 1645, aa said Artiole existed 

on January 1, 1940, the aamo shall only be allowed or permitted with the express consent and approval of the commiaaloners’ court of the county whoee oounty auditor is affeoted 

by the provisions of the Act and such consent and appxoval of 

suoh commlssionera~ court shall be made by order of such oourt 

and reaorded in the minutes of the conmieelonera~ oourt of 

such county. In other words, the salary of the county auditor 

ia to be detesmlned and fixed by the diatriot judge or diatrlct judgea having jurladiotion in the oounty, and if 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 and approval of the 

oommlsslonerat court of the county whoso county~auditor is af- 

. fectedr 

Kaufman county has a population of more than 35,000 

inhabitants accardlng to the laet Federal Genrus and its tax 

valuatloa is more than 415,000,000.00 aooordlng to‘the last 

approf3d tax roll. Therefore, the provisions. of the foregoing statute are appligable to Kaufman County. 

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 and fixed 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 

and above tho annual salary allowed such oounty auditor under 

the general law provided in Artlole 1645, as said article cxisted on January 1, l.940, the inoreaae in salary shall not be slplowed or permitted wkthout the axprass consent and approval of 

the commissionera~ ooort of Kaufman County, 

Considering what has been said ln answers to your 

first question, it necessarily follows that your reoond queetion requires no father disoussionr 

/7 

YOUPU *erg truly 

,,’ 

ATTORldEY OENlBAL OF TEXAS 

AWldb 

Ardell Wllllams 

Asriatant