The Attorney General of Texas 

July 28, 1983 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12548 

Austin, TX. 78711- 2548 

5121475-2501 

Telex 9101674-1367 

Telecopier 512147’50266 

1607 Main St.. Suite 1400 

Dallas, TX. 75201.4709 

214/742G3944 

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El Paso. TX. 79905-2793 

9151533.3484 

7 

.k 20 oallas Ave., Suite 202 

tiouston. TX. 77002-6966 

7131650.0666 

606 Broadway. Suite 312 

Lubbock. TX. 79401.3479 

8061747.5236 

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McAllen. TX. 76501-1685 

5121682-4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 78205-2797 

5121225-4191 

An Equal Opportunityi 

Affirmative Action Employer 

Honorable Britt Plunk 

Hardin County Attorney 

P. 0. Box 516 

Kountse, Texas 77625 

Opinion No. JM-49 

lk: Whether district judge may 

raise salaries of county auditor's 

deputies at any time during the 

year and whether district judge 

may appoint court coordinator and 

set salary in absence of statutory 

authority 

Dear Mr. Plunk: 

You have asked whether the district judge of Hardin County may 

direct the commissioners court to raise the salaries paid to 

assistants in the county auditor's office at any time during the 

course of the county's budget year. [We presume that the county 

auditor has made proper application for any such raise.1 V.T.C.S. 

art. 1650. 

Article 1645, V.T.C.S., requires the appointment of a county 

auditor in Hardin County. The district judge or judges of the county 

determine the salary to be paid to the county auditor. This salary of 

the auditor may be increased during the course of the budget year. 

Attorney General Opinion H-1266 (1978). See Attorney General Opinion 

M-678 (1970). The authority to hire andcompensate assistants and 

deputies in the county auditor's office is contained in article 1650, 

V.T.C.S. This statute provides that the auditor shall apply "at any 

time" to the district judge for the appointment of named assistants 

and the salaries requested to be paid to them. The district judge is 

required to consider the appointment request from the auditor and upon 

approving such appointments and salaries the judge is required to: 

prepare a list of the appointees so approved and 

the salaries to be paid each and certify said list 

to the Commissioners Court of said county. The 

Commissioners Court shall thereupon order the 

smount paid from the General Fund of said county 

upon the performance of the services; and said 

Court shall appropriate adequate funds for the 

purpose. 

V.T.C.S. art. 1650. 

p. 209 
Honorable Britt Plunk - Page 2 (JM-49) 

Article 1650 does not require that these appointments be made 

only once during the year and the compensation fixed for the entire 

budget year but it does state that the district judge "shall annually 

have the right to withdraw such consent and change the number of 

assistants permitted." It is our opinion that the district judge may, 

during the course of the budget year, direct a change in the county 

budget which increases the salaries of the assistants in the county 

auditor's office. Such change may be made: (1) upon a proper 

application made by the auditor to the district court; (2) only if 

such action does not require county expenditures in excess of 

anticipated revenue of the county for that year; and (3) only if 

amendment of the county budget is made in compliance with law. 

Attorney General Oninion O-284 (1939). See Attornev General Ooinions 

MW-169 *(1980); H-i238 (1978); 'H-314 (1974); H-11- (1973); V:T.C.S. 

arts. 3912k, 689a-20; Southland Ice Company V. City of Temple, 100 

F.2d 825 (5th Cir. 1939); Neptune V. Renfro, 586 S.W.2d 596 (Tex. Civ. 

APP. - Austin 1979, no writ). 

Your second question concerns the appointment of a court 

coordinator for the district court. You ask whether the district 

judge may appoint such a person and direct the commissioners court to 

pay a specified salary. We find no authority for the district judge 

to unilaterally create such position and compel the county 

commissioners court to pay the specified salary. Only those district 

courts in counties with a population of over 700,000 which hear 

primarily criminal matters are authorized to establish and maintain a 

court coordinator. V.T.C.S. art. 1918a. See Attorney General Opinion 

MN-315 (1981). The appointment and salaryof such court coordinator 

is determined by the district judges. See also, V.T.C.S. arts. 1934b 

(court administrator for county courts at law); 1934c (court manager 

and coordinator in counties of 2,000,OOO in population). With regard 

to support personnel of the court, the district court of Hardin County 

is entitled only to the services of the district clerk, article 

199(88), section 10, and official shorthand reporter, id. section 12. 

We note that the commissioners court may in its discretion provide 

"adequate secretarial personnel" to a district officer. V.T.C.S. art. 

39121. However, in the absence of any statutory authority the 

district judge may not unilaterally appoint and set the salary for a 

court coordinator. 

SUMMARY 

A district judge is empowered to increase the 

salaries of assistants in the county auditor's 

office at any time during a budget year. A 

district judge m=Y not appoint a court 

coordinator. 

Very truly you 

J & k& 

JIM MATTOX 

Attorney General of Texas 

1 

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p. 210 
. - 

Honorable Britt Plunk - Page 3 (JM-49) 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by David Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Acting Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Moellinger 

p. 211