May 29, 1974 

The Honorable W. L. Hardwick 

County Attorney 

County of Live Oak 

George West, Texas 78022 

Opinion No. H- 314 

Re: Increases in salaries of 

elected county officials under 

grievance procedure of Article 

3912k. V. T. C. S. 

Dear Mr. Hardwick: 

Your opinion request advises us that two Justices of the Peace in 

Live Oak County requested a hearing before the Grievance Committee 

as authorized by Article 3912d $ 2 (d). The hearing was to request increase in their salaries. The committee was not unanimous, but each 

Justice received at least 6 votes to grant the increase they requested. 

Thereafter, the recommendation of the Grievance Committee was delivered 

to the Commissioners Court and the Court considered and granted their 

increase at its next meeting. 

You have asked us in effect whether Attorney General Opinion No. 

H-11 &ted February 15, 1973, stating that any increase in salaries of 

elected county and precinct officers must await budget hearings for the 

next fiscal year, applies to elected mmtyor precitzt officers who have 

complied with the procedures set out in Article 39121.. s 2 (b),(c), and (d), 

V. T. C. S. , pertaining to the Grievance Committee. 

It is our opinion that the.grievance procedure established in 0 2 

provides a procedure for obtaining immediate raises for elected county 

and precinct officials, without waiting for regular budget hearings. We 

arc advised that this is a commonly followed practice. This act estab- 

!ishas a coslr.:y grievance committee compoeed of nine members selected 

as set forth ?n subsection(b) and (c) of 5 2. Sb.tbucxtion (d) of 5 2 establiwhos.the purpose and functions of this cornnitt\*e ad follows: 

p. 1453 
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I 

The Honorable W. L. Hardwick page 2 (H-314) 

.I. 

“(d) Any elected county or prrc,nct ufiicer ~1.0 

is aggrieved by the setting of his salary, expenses. 

or other allowance by the commissioners court may 

request a hearing before the committee. The request 

shall be in writing, shall state the manner in which 

he is aggrieved, and shall be delivered to the chairman 

of the committee. The chairman shall announce the 

time and place of the hearing, which shall be within 

30 days after receipt of the request. If, after a hearing, the committee by a vote of six of its voting members 

decides to recommend a change in the salary, expenses, 

or other allowance of the person requesting the hearing, 

it shall prepare its recommendation in writing and 

deliver it to the commissioners court, which shall consider the recommendation at its next meeting. A 

written recommendation signed by all nine members 

and delivered to the commissioners court becomes 

effective without the action of the commissioners court 

on the first day of the month following its delivery to 

the commissioners court. ‘* 

The question you have asked is if an elected county or precinct 

offic,ial follows the procedure of subsection(d), supra, ind if the Commissioners Court grants the recommended salary increase, c-an it then amend 

the col;nty budget to implement the increase. 

Subsection (d) provides that if at least six members of the grInvance 

committee vote to recommend the increase it shall deliver its recommendation to the court in writing and that the court “shall consider the recommendation at irs next meeting. ” There is nothing in the ilct that requires 

the court under these fact8 to follow the committee’s recommendation. 

but if it grants the increase it would then have the implied authority to 

amend the cbunty budget to implement its ‘dcclsion. Terrell v. Sparks, 

135 S. W. 519 (1911); Moon v. Alred, 277 S. W. 787 (Tex. Civ. App., 1925. 

err. diam. ); Attorney General Opinions V-657 (13~13). C -505 (1965). 

M-436 (1969) and H-11 (1973). 

p. 1454 
‘. . 

The Honorable W. L. Hardwick page 3 (H-314) 

Accordingly we hold that when a county or precinct official follows 

the procedures of Article 3912k and thereby becomes entitled to an increase 

in salary. such increase becomes effective in accordance with the provisions of that statute and does not need to await the next regular budget 

hearing. 

SUMMARY 

Elected county and precinct officers who follow 

the procedures of Article 391tk and thereby become 

entitled to salary increases may receive them, effactive in accordance with the provisions of that statute, 

and do not need to await the budget hearings for the 

next fiscal year. 

Very truly yours, 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1455