The Attorney General of Texas 

September 14, 1982 

MARK WHITE 

Attorney General 

Supreme Cowl Building 

P. 0. Box 12646 

Austin. TX. 7671% 2546 

5121475-2501 

Telex 910/674-1367 

Telecopier 51214750266 

1607 Main St., Suite 14W 

Dellas, TX. 75201.4709 

214i7428944 

4824 Alberta Ave., Suite 160 

El Paso, TX. 799052793 

915/5333464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002-6966 

713/6- 

806 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

8061747.5238 

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McAkn, TX. 76501-1665 

512/682-4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 76205.2797 

51212254191 

An Equal OppOrtUnitYI 

Affirmative Action Employer 

Ms. Joyce Tompkins 

Fort Bend County Auditor 

P. 0. Drawer 549 

Richmond, Texas 77469 

Opinion No.MW-516 

Re: Transfer of county assets 

from one department to another 

and failure to follow procedure 

for setting salaries 

Dear Ms. Tompkins: 

You first ask about the authority of the Fort Bend County 

Commissioners Court to transfer to the sheriff an automobile purchased 

from money in the Road and Bridge Fund, Precinct No. 4. 

The "Road and Bridge Fund" is one of the four county funds 

established "for the four (4) constitutional purposes," by article 

VIII, section 9 of the Texas Constitution. (It is to be distinguished 

from the special road and bridge tax fund authorized by article VIII, 

section 9, and from the farm-to-market and flood control tax fund 

authorized by section l-a of article VIII. See V.T.C.S. 2353b). In 

earlier times the money in such a fund could notbe used for any other 

purpose or transferred to any other fund. See V.T.C.S., art. 1630b; 

Carroll V. Williams, 202 S.W. 504 (Tex. 1918). However, a 1967 

constitutional amendment has been interpreted to allow the transfer of 

money from the Road and Bridge Fund into the General Fund of the 

County and its expenditure for other purposes. Lewis V. Nacogdoches 

County, 461 S.W.Zd 514 (Tex. Civ. App. - Tyler 1970. no writ). Se.2 

Attorney General Opinions H-530 (1975); H-194 (1974). In our opiniz 

there is nothing in the law to prevent the commissioners court of Fort 

Bend County from transferring to the sheriff's department an 

automobile originally purchased from the Road and Bridge Fund. 

Your second question concerns the proper salary for county 

officers during the months of January and February 1981. 

A county budget was adopted on January 5, 1981 pursuant to 

article 689a-11, V.T.C.S., which provided salary increases for county 

officers. Section 2(a) of article 3912k. V.T.C.S., states: 

The salaries, expenses, and other allowances of 

elected county and precinct officers shall be set 

each year during the regular budget hearing and 

adoption proceedings on giving notice as provided 

by this Act. (Emphasis added). 

p. 1868 
Ms. Joyce Tompkins - Page 2 (MW-516) 

Section 6 of the act states that the commissioners court shall not 

exercise the authority provided by section 2 except at a regular 

meeting of the court after 10 days published notice of "the intended 

salaries, expenses, and allowances to be raised and the amount of the 

proposed raises." Although a notice pursuant to article 689-lla had 

been given, the required article 3912k notice had not been published 

at the time the budget was adopted. Thereafter, an article 3912k 

notice was belatedly published and the commissioners court adopted an 

order increasing the salaries at a public hearing on January 26, 1981. 

After being advised by the district attorney that the foregoing 

procedure was not in accordance with law, all elected county officials 

availed themselves of the grievance procedure allowed by section 2(d) 

of article 3912k, and were awarded increased salaries for the year, 

effective March 1, 1981. 

In our opinion, the adoption of the budget by the commissioners 

court on January 5, 1981, was ineffective to increase the salaries of 

county officials above the salaries set for them in 1980. A special 

notice is required by article 3912k if salaries are to be raised. 

While the commissioners court might have properly set salaries of 

county and precinct officers at a regular budget hearing without 

having given an article 3912k notice, it could do so on~ly if no such 

salaries were raised beyond their levels for the preceeding year. 

We think the effect of the article 3912k requirement was to 

invalidate the raises budgeted at the January 5, 1981 budget hearing, 

but not the salaries set for county and precinct officers in their 

entirety. 

In our opinion, the 1981 salaries for the county and precinct 

officers of Fort Bend County remained at their 1980 levels until the 

recommendations of,the grievance committee became effective on March 

1, 1981. It follows that for the months of January and February 1981, 

the proper salaries of such officers are determined by ascertaining 

their salaries immediately prior to the new year. 

SUMMARY 

The Commissioners Court of Fort Bend County was 

authorized to transfer to the sheriff's department 

an automobile originally purchased with funds from 

the Road and Bridge Fund. Where the notice 

requirements of article 3912k were not met. salary 

raises incorporated in the budget for county 

officers were invalid. 

MARK WHITE 

Attorney General of Texas 

p. 1869 
Ms. Joyce Tompkins - Page 3 @W-516) 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Bruce Youngblood 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Bruce Youngblood 

p. 1870