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October 16, 1970

Hon. Joe Resweber OplnlonNo. M-708 CountyAttorney Harris County Courthouse Re: Power of the Harris County Houston, Texas 77002 CommissionersCourt to alter personnel salariesand expenses for equipment, supplies, and travel, budgeted for the office of the Harris County PurchasingAgent, Article 1580 (note Pursuant to

,Vernon’s Dear Mr. Resweber: Civil Statutes.

Your recent letter requestingan opinion from this office concerning the referencedmatter states, In part, as follows:

“The PurchasingAgent of Harris County has requested your opinion on the following question8 If the Board composed of the District Judges ~ofHarris Countyhas approved a budget providing for personnelpositions, salaries, equipment, supplies and traveling expenses for the Office of the County PurchasingAgent, does the Commissioners Court of Harris County have the authority to alter said budget by virtue of Its general power to control County fiscalmatters?" Article 1580,Vernon's Civil Statutes, as last amended (6IstLeg., 2nd C.S., 1969, ch. 24, p. llO), provides, In part, as follows: ‘Section 1. (a) In all counties of this statehaving a population of seventy-fourthousand (74,000)or more Inhabitantsaccording to the last preceding Federal Census, a majority of a Board composed of the judges of the District Courts and the County Judge of such county,may appoint a suitable person who shall act as the countypurchasing agent
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Hon. Joe Resweber, page 2 (M-708)

for such county,who shallhold office,unless removed by said judges, for a period of two (2) years, or until his successor Is appointed and qualified,who shall execute a bond In the sum of Five Thousand Dollars ($5,000),payable to said county, for the faithfulperformance of his duties.

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. . . “(f) Such agent shall receive as compensation for his services~ a salary of not less than Five Thousand Dollars ($5,000)nor more than Eighteen ThousandDollars ($i8,000)per year, payable in equal monthly Installments. The salary of the county purchasing agent shall~ be pala out of the General Fund and/or theRoad and Bridge Fund offsuch county by warrants drawn on the county treasurerand shall be set by theBoard as designated In Section l(a) of this A t

c . "(g) Said agent may have assistants to aid In the performance of his duties as county purchasingagent. "(h) Said agent and said assistantsmay have such help, equipment, suppliesand traveling expenses with the approval of saidBoard of judges, as theymay deem advisable, the amount of said expenses to be approvedby said Board.” (Emphasis added.) The power of the CommissionersCourt to alter the county budget, by virtue of its general fiscal powers, is found In the secondparagraph of Article 1666a,Vernon's Civil Statutes,which provides that:

I, The (Commissioners)Court shallhave authority to make such changes in the (county) budget as in its judgment the facts and the law warrant and the interest of the taxpayersdemand

. . . While it Is true that a county commissionerscourt has general control over county fiscalmatters, the Legislaturemay by statute except certain fiscalmatters from Its control; e.g., Article 1650,Vernon's Civil Statutes (officeof the county-- -3423-. I

Hon. Joe Resweber, page 3’ (M-708)

audltor);'Artlcle 42.12(10),Texas Code of Criminal Procedure (probationofficers); M-393 (1969). and see Attorney General's OpinionNo.

A reading of that portion of Article 1580 supra, lndlcates the clear intent of the Legislature that (aj the salary of the county purchasing agent Is to be set,by the board of judges, not by the commissioners court, and (b) the expenses for that office's equipment, supplies, the board of judges, and travel are to be approved by not the commissioners court. The intent of the Legislature Is not as evident regarding the fixing of salaries of assistants to the County PurchasingAgent. Section (g) of Article 1580, supra,provides that the Agentmay have assistants,but makes no directmention of who Is to fix their salaries. Article 3912e-4d(9),Vernon's Civil Statutes, sets forth the general power of the Harris County Commissioners Court to fix the salaries ofmost county employees and circumscribes theirpower In that regard only as to employees of the office of the county auditor.

However, Section (h) of Article 1.580,supra,does provide that "Said (countypurchasing) agent
. . .may have such help,
. . .with the approval of said Board of judges,as they may deem advisable, the amount of said expenses to be approved by said Board." (Emphasisadded.)

We do not believe the Legislature Intended that the power to budget expenses of the County PurchasingAgent's office shouldbe divided, whereby the board of judges fixes the budgetary allotment for the salary of the County PurchasingAgent and the expenses for equipment, supplies,and travel, on the one hand, and the CommissionersCourt fixes the salaries of assistants In that office, on the other. We are of the opinion that a reading of Article 1580 as a whole evinces a legislative intent that all expenses of that office are to be set by the board of judges, as provided In Section l(a) of that Article and that the CommissionersCourt has a mandatory ministerial duty to approve and pay such expenses.

Accordingly,your question Is answered in the negative.

SUMMARY The CommissionersCourt of Harris Countyhas the mandatory ministerial duty to approve and pay the budgetary expenses alloted for the office of the Harris County PurchasingAgent that are fixed -3424-. .

Hon. Joe Resweber, page 4 (M-708)

by the board of judgespursuant to Section l(a) of Article 1580,Vernon's Civil Statutes.

Preparedby Austin C. Bray, Jr. Assistant Attorney General APPROVED1 OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman John Reeves John Banks William Craig Brandon Blckett
MEADE F. GRIFFIN Staff Legal Assistant
ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

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