The Attorney General of Texas 

March 23, 1978 

JOHN L. HILL 

Attorney General 

Honorable Patrick J. Ridley 

Bell County Attorney 

P. 0. BCk 474 

Belton, Texas 76513 

Dear Mr. Ridley: 

Opinion No. H- 1142 

Re: Sick leave policy for 

county officials. 

You have requested our opinion regarding a new sick leave policy 

recently adopted by the Bell County Commissioners Court. 

In Attorney General Opinion H-860 (19’76), we held that, at least since 

January 1, 1972, the effective date of article 3912k, V.T.C.S., the commissioners court of Bell County had been “authorized to provide sick leave to 

elected county and precinct officials, and, by extension, to compensate those 

officials for the unused portion of any sick leave earned after that date.” On 

August 16, 1976, the commissioners court adopted the following resolution: 

Effective October 1, 1976, accumulated sick leave for 

elected officials shall be terminated; that at the 

present time all accumulated sick leave over sixty 

days shall be paid to the elected officials; the 

remaining amount of accumulated sick days shall be 

left on the records and at such time as any affected 

elected official leaves his office either by defeat, 

death,, or resignation, the same shall be paid either to 

the official or his estate. 

You first inquire about the validity of this resolution. 

In our opinion the resolution is valid, but it is subject to a limitation. 

Payment for sick leave constitutes part of an individual’s “salary.” Attorney 

General Opinion H-860, supra. Section 1 of article 3912k provides that the 

salaries of “county and precinct officials and employees who are paid wholly 

from county funds” may not be set lower than they existed on January 1, 1972. 

The commissioners court is without authority to terminate sick leave accrual 

for an office, if, when the value of the sick leave which accrues to that 

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Honorable Patrick J. Ridley - Page 2 (B-1142) 

particular office is subtracted from the present total compensation for the office, 

the compensation is lower than existed on January 1, 1972. We emphasize that 

section 1 of article 3912k applies, however, only to those county and precinct 

officials who are paid wholly from county funds. Within the scope of this 

limitation, we believe that the resolution of the commissioners court regarding 

termination of sick leave for elected officials is valid. 

You also ask about the statute of limitations with regard to an elected 

official’s claim for payment of “accumulated sick leave over sixty days.” The 

commissioners court has provided that payment for excess sick leave shall not be 

paid to the elected official or his estate until he “leaves his office either by defeat, 

death, or resignation.” In our opinion, any claim for payment of excess sick leave 

will therefore not accrue until the official vacates his office. See Ditto Investment - 

Co. v. Ditto, 293 S.W.2d 267, 269 (Tex. Civ. App. - Fort Worth 1956, no writ). 

SUMMARY 

A resolution of the commissioners court of Bell County 

which terminates sick leave for elected officials is valid 

within certain limitations. The statute of limitations on an 

elected official’s claim for payment of sick leave under the 

resolution accrues at the time the official vacates his 

office. 

Aery truly yours, 

Attorney General of Texas 

APPROVED: 

YiIh&kLz 

DAVID M. KENDALL. First Assistant 

C. ROBERT HEATH. Chairman 

Opinion Committee 

jst 

P. 4645