JIM MATTOX 

Attorney General 

Supreme Court BulldIn 

P. 0. BOX 12548 

Austin. TX. 70711- 2549 

51214752501 

Telex 9101874-1387 

Telecopier 512l475.0266 

714 Jackson, Suite 700 

Dallas, TX. 752024506 

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4924 Alberta Ave.. Suite 180 

El Paso. TX. 79905.2793 

91515333484 

1Wl Texas. Suite 700 

Houston, TX. 77002-3111 

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606 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

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McAllen, TX. 7850%1885 

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200 Main Plaza, Suite 400 

San Antonio, TX. 78205-2797 

512i2254191 

An Equal OppOrtUniiVl 

Affirmative Action EmPlOYer 

The Attorney General of Texas 

February 21, 1986 

Honorable David W. Wallace 

Sutton County Attcmey 

P. 0. Box 1508 

Sonora, Texas 76950 

Opinion No. JM-440 

Re: Whether a commissioners 

court may set the office hours 

of the county auditor 

Dear Mr. Wallace: 

In Attorney General Opinion JM-182 (1984), we concluded that the 

commissioners court of Lampasas County , a county with a population of 

less than 8,000 Feople. does not have authority to establish office 

hours for other elected county officials. You ask whether the 

commissioners court of Sutton.County , a county with a population under 

5.000. has autho::ity to establish office hours for the office of 

county auditor, ax appointed office. We answer your question in the 

negative. 

The office of county auditor and the method of appointment, the 

qualifications Herefor. and the duties thereof are governed by 

articles 1645 et SCQ,. V.T.C.S. Authority to appoint the county 

auditor and tox;'iermine his salary is reposed in the judges of the 

district courts having jurisdiction in the county. V.T.C.S. arts. 

1645-1647. There ,is no provision, however , which purports to repose 

authority fqr setting the office hours of the county auditor in the 

district judges ziho appoint him. You ask specifically whether such 

authority is repclc,ed in the commissioners court. We have found no 

statute _-_--__ vhich .._ -.~ nur)urts =--:~.--- to -- do -- that .~~_. in --~ the ..~~ situation .~.~~~~~.~~ vou ~~ describe. ~~ ~~ ~~ See 

Commissioners Coc,rt of Harris County v. Fullerton, 596 S.W.2d 572 

(Tex. Civ. App. -Houston [lst Dist.] 1980, writ ref'd n.r.e.1; Smith 

v. McCoy, 533 S.W'.2d 457 (Tex. Civ. App. - Dallas 1976, writ dim 

(both cases discuss authoritv and duties of county auditor and those 

df commissioners court). . 

As we noted in Attorney General Opinion JM-182 (1984), there is 

no statute generally applicable to all counties which sets forth the 

office hours or th,e work week or which empowers a connnissioners court 

to set such off:tce hours to be observed by county officials and 

employees. In c,xmties with a population of 500,000 or more, the 

commissioners court has explicit authority to adopt 

rules aid regulations governing the hours of work. 

vacatiolr;, holidays, sick leave, medical care, 

hospitalization. compensation and accident 

P. 2008 
Honorable David W. Wallace - Page 2 (JM-440) 

insurance, and deductions for absences [for 

certain specified employees]. . . . (Emphasis 

added). 

V.T.C.S. art. 2372h. 01. I,e,ction 6 of article 2372h extends the reach 

of such rules and regu1aticm.a to the county auditor and his assistants 

if such rules are adopted 'my a majority of the judges of the district 

courts of the county. A, second statute permits counties with a 

population over 200,000 to <establish a civil service commission which 

has the authority inter al&& to adopt rules relating to the "rights, 

benefits. and working condj.tions" of county employees which we believe 

may include the authority 1:c set office hours. V.T.C.S. art. 2372h-6, 

58(a) (7) ; see also V.T.C.S. art. 2372h-8 (sheriff's department civil 

service system in countiee of more than 950,000 population). Other 

statutes of narrow applical~ility govern the hours of work for persons 

employed by a county. See.e.g,, V.T.C.S. arts. 5165.1. 5167a. See 

also Elec. Code 512.004Toffice of county elections administrator 

required to remain open on election day); V.T.C.S. art. 5165a 

(full-time state employees xequired to work 40 hours per week; normal 

state office hours set a': 8:00 a.m. to 5:oo p.m., Monday through 

Friday). 

There is, however, no statute generally applicable to all 

counties which purports c:ither to set the office hours of county 

personnel or to empower tne comissiouers court specifically to set 

the office hours of, the county auditor. We do not address the 

authority of the district judges to do so. See Attorney General 

Opinion JM-49 (1983). Nej.ther articles 2372h nor2372h-6. V.T.C.S., 

applies because Sutton County does not possess the minimum population 

requisite. Relying upon the oft-cited authority of Canales V. 

Laughlin, 214 S.W.2d 451. 453 (Tex. 1948). for the proposition that a 

co!zmissionera court has on:Ly that authority which is conferred upon it 

either explicitly or by necessary implication by the state.constitution and statutes, we conclude that the commissioners court of Sutton 

County does not have authority to set the office hours of the county 

auditor. 

SUMMARY 

The comissicners court of Sutton County does 

not have the authority to set the office hours of 

the office of comty auditor. 

Very ruly yours s 

3 I-M 

A 

MATTOX 

/k 

Attorney General of Texas 

p. 2009 
Ronorable David W. Wallace - Page 3 (JM-440) 

JACK HIGHTOWER 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attoruey General 

ROBERT GRAY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Jim Moellinger 

Assistant Attorney General 

p. 2010