MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12542 

h31in. TX. 78711 

512/475-2501 

Telex 9101874.13(r7 

Telecopier 512l4750266 

1607 MaIn St., suite 1400 

Dallas. TX. 75201 

2141742.2044 

4224 Alberta Ave.. Sulle 160 

El PPM, TX. 79205 

91- 

1220 Dallas Ave.. s&e 202 

Houston. TX. 77002 

71318504666 

eo6 Broadway. wte 312 

Lubbock, TX. 79401 

aw747-5222 

009 N. Tenth. SuiWB 

McAlbn, TX. 78+. ; ;, .B 

512B22-4547 ~ 

San Antonlo. TX. -76205 

512N54191 

The Attorney General of Texas 

February 3; 1982 

Honorable Themes B. Sehon 

District Attorney 

Falls County Courthouse 

Marlin. Texas 76661 

opinion NO. MU-438 

Ret County holidays 

Dear Mr. Sehon: 

You ask a series of questions regarding the authority of the 

county cmissioners court to declare official county holidays. You 

first ask whether the county commissioners court has the sole 

authority'under articles 2372h-1 and 3912k,, V.T.C.S.. to designate 

official county holidays. Article 2372h-1. V.T.C.S., sets forth: 

In each sounty~ of this State, each elected 

county officer or the Commissioners Court, as the 

case may be. shall have authority to provide for 

vacatioqs. ~holidays fixed by State law, ,and sick 

leaves, 'without deduction or los~.of.~pay. and to 

provide for deductions for absenc&s,,~ for the 

.employees working under the elected county officer 

or his appointees or under'the Co&issioners Court 

or it?.:appointees~ or under a County Colmnissioner 

or his',cippointees, regardleas~~ of whether the' 

~employee~~is,psi~~.~n~~~ fixed:ialar$ ~ba& or~,on the 

.: '.ba$isyof *$ti'&qti~~ +iily'~gg&': Ntithi&'in..this 

;.": $iz~,' $hali"'~affec~':"efist~~ 'law~,,,a~thdrling_:or 

..~ ' te~lari~g'~~acaiioriBj!;tioliday~. sick ,~.,le-ive ) and 

absences for county e&loyees. it being the 

intention. of, this Acts gnly,. to provide. such 

'duth~T~ty.ciith-iespectd~'the &ployees.c,overed by 

~thii'~~~.'in'~dunties 'G+eie it~does not-now exist. 

(Emph&&b'&&d.&~). " .,, 

Ar@ably;'this-proiWsibn~au&o$ise& aach co&y officer to provide for 

"holidays fixed 'b$.~,St&te ~ls$' for‘ his oti employees. See also 

Attorney G&eral~"O$inio~s '.0;%876 ':(1940); O-1441 (1939). Article 

3912k. section 1, V.T.C.S.. provides that: 

Except as otherwise provided by this Act and 

subject to the limitations of this Act. the 

commissioners court of each county shall fix the 

amount of compensation. office expense, travel 

p. 1505 
Honorable Thomas B. Sehon - Page 2 (Mw-438) 

expense, and all other allowances for county and 

precinct officials and employees who are paid 

wholly from county funds, but in no event shall 

such salaries be set lower than they exist at the 

effective date of this Act. (Emphasis added). 

This office has already concluded that sick leave benefits fall within 

the ambit of the phrase u . ..compensation... and all other 

allowances...." Attorney General Opinions H-860. H-797 (1976), as does 

vacation entitlement, Attorney General Opinion MW-136 (1980). We 

conclude that entitlement to holidays is also a form of "compensation" 

or other allowance within article 3912k. section 1. -- see Texas 

Employment Commission v. Briones. 601 S.W.2d 818, 819 (Tex. Civ. App. 

- Eastland 1980. writ ref'd n.r.e.) (holiday pay constitutes "wages" 

for purposes of deterwininR claimant eligibility under the 

Un'employvent Compensation Act).- 

The two articles appear then to be in partial conflict. One 

statute, article 2372h-1, V.T.C.S., purports to authorize elected 

county officers and the colmoissioners court to provide for holidays 

fixed by State law. The other, article 3912k,, V.T.C.S.. reposes such 

authority solely in the county commissioners court. If possible, the 

two statutes should be construed together. See Renfro v. Shropshire, 

566 g.W.2d 688 (Tex. Civ. App. - Eastland 1978.. writ ref'd n.r.e.) 

(construing together articles 3902 and 3912k. V.T.C.S.). The later 

statute however, the one wore recently enacted, contains a repealer 

clause which provides that "[t]o the extent that any local, special, 

or general law,~ including acts of the 62nd Legislature, Regular 

Session. 1971, prescribes the compensation. office expense, travel 

expense, or any other allowance for any official or employee covered 

by this Act. that law is repealed." V.T.C.S. art. 3912k. M. We 

conclude that the repealing clause. acts to. strip county officials, 

other than the county ctnaiaissioners court , of the authority to provide 

for paid holidays under article 2372h-1. V.T.C.S. See Attorney 

%eneral~Opinion R-697 (1975). 

- 

Your'remsinlng questions concern whether, in the event that the 

other county officials are without the authority to designate holidays 

fot their employees, the county commissioners court has the authority 

to provide for deductions from salary or wages of those officials and 

employees who were absent. In our opinion the commissioners court.has 

authority under 

absences." 

article 3912k to provide for "deductions for 

See generally Attorney General Opinions H-860, B-797 

(1976): H-402 (1974). 

SUMMARY 

The sole authority to provide for paid 

holidays for county officials and employees rests 

p. 1506 
. 

Honorable Thomas B. Sehon - Page 3 (BW-438) 

with the county commissioners court. The court 

way provide for deductions from salary or wages in 

the event of an unauthorized absence. 

Very truly yours. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Jim Moellinger 

Assistant Attorney General 

APPROVEB: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Edward Garvey 

Rick Gilpin 

Jim Moellinger 

Bmce Youngblood 

p. 1507