’ : 

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July 30, '1951 

Hon. Paul Rew 

County Attorney 

Yoakum county, 

Plains, Texas 

ODInIon r~ Ro. V-1220 

Re: Authority of the histrict judge to increase 

the compeusation of the 

county auditor in the 

Dear Sir: middle of a fiscal year. 

Your request for au opllnlon reads in part as 

follows: 

"'Can the Dlstrlct Judge r&se the salary of.a oouuty auditor at therequeet of the 

Commfssloner~s Court of the ,county of resldence of said auditor, between January lst, 

the date of appointment of the auditor, and 

the beginning of ,the next ensuing fiscal year 

of the county?' 

-In regard to this question I set out the 

following facts. The Comnlsslouerls Court ,oP 

Yoakum County, Texas, entered an order on their 

minutes at the regular meeting date of the court 

In Ray, 1951, raising the salaries oft all county officials from $5940.00 to $6,480.00, or l@ 

of their base pay. At the time that this actlon was taken the Court requested by letter to 

the District Judge, . . . 106th Jadlclal Mstrlct, that he raise our County Auditor's salary, as of the 1st day of June, 1951. Our 

Auditor took office In January, 1951." 

Article 1645, V.C.S., provides: 

"In any cowity having a population of thlrty five thousand (35,000) inhabitants, or over, 

according to the last preceding Federal Census, 

or having a tax valuation of Fifteen Million 

($15,000,000.00) Dollars or over, according to 

the last approved tax roll, there shall be blennlally appointed an auditor of accounts and 
Hon. Paul Rev, page. 2 (V-1220) 

finances, the title of said officer to be 

County Auditor, who shall hold his office for 

two (2) years and,who shall receive as compensation for his services to the county as such 

County Auditor ,s an annual salary of not more 

than the annual salary allowed or paid the 

Assessor and Collector of Taxes in his county, 

and not less than the annual salary allowed 

such County Auditor under the general law 

provided in Article 1645, Revised Civil Statutes, 

194!2, 

as said Article existed on January 1, 

such salary of the County Auditor to be 

fixed and determined by the District Judge or 

Mstrlct Judges making such appointment and havlng jurisdiction in the county, a majority ruling, said annual salary to be paid monthly out 

of the general fund of the county. The action 

of said District Judge or Dlstrlct Judges In 

determinlng and fixing the salary of such County Auditor shall be made by order and recorded 

in the minutes of the Mstrict Court of the 

county, and the Clerk thereof shall oertlfy 

the sasm for observance to the Coss~&s.sioners' 

Court, which shall cause the same to~be recorded in its minutes; after the salary of the 

County Auditor has been fixed by the District 

hdge or DiStriCt Judges, no change in such 

salary shall thereafter become effective until 

and above the annual salary allowed such-County Auditor under the general law provided in 

Article 1645, as ,sald Article existed on January 1, 1940, shall only be allowed or permitted 

with the express consent and approval of the 

Commlsaloners' Court of the county whose COLUty Auditor is affected or may be affected by 

the provisions of this Act; such consent and 

approval of such Commissioners! Court shall be 

made by order of such Court and recorded In 

the minutes of the CanmIssioners Court of such 

county." (Emphasis added.) 

According to the records of the office of Comptroller of Public Accounts, Yoakum County has a tax valuation of $42,218,969.00. Therefore, Article 1645 is appllcable to Yoakum County. Under the plain provis,ions of the 
Hon. Paul New, page 3 (V-1220) 

above statute, "after the salary of the County Auditor has 

been fixed by the District Judge or District Judges, no 

change In such salary shall thereafter become effective 

until the beginning of the next ensu+g fiscal year of the 

county." Therefore, we agree,.wlth you that the salary of 

the County Auditor of Yoakum County may not be changed until January 1, 1952. 

SUMMARY 

Ones the salary of the county auditor 

has been set for the fiscal year, It may 

not be changed until. January 1st of the following year. Art. 1645, V.C.S. 

APPROVRD: Yours very truly, 

J. C Davis, Jr. PRICE DWIEL 

County Affairs Division Attorney General 

Everett Hutchinson 

Executive Assistant 

Charles D. Mathews 

First Assistant 

BA:lUW