. . 

October 16, 1970 

Hon. Joe Resweber Oplnlon No. M-708 

County Attorney 

Harris County Courthouse Re: Power of the Harris County 

Houston, Texas 77002 Commissioners Court to alter 

personnel salaries and expenses for equipment, supplies, 

and travel, budgeted for the 

office of the Harris County 

Purchasing Agent, 

Article 1580 (note P 

ursuant to 

, Vernon’s 

Dear Mr. Resweber: Civil Statutes. 

Your recent letter requesting an opinion from this office 

concerning the referenced matter states, In part, as follows: 

“The Purchasing Agent of Harris County has 

requested your opinion on the following question8 

If the Board composed of the District Judges 

~of Harris County has approved a budget providing 

for personnel positions, salaries, equipment, supplies and traveling expenses for the Office of the 

County Purchasing Agent, does the Commissioners 

Court of Harris County have the authority to alter 

said budget by virtue of Its general power to control County fiscal matters?" 

Article 1580, Vernon's Civil Statutes, as last amended 

(6Ist Leg., 2nd C.S., 1969, ch. 24, p. llO), provides, In part, as 

follows: 

‘Section 1. (a) In all counties of this 

state having a population of seventy-four thousand 

(74,000) or more Inhabitants according 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 county purchasing agent 

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. . . . 

Hon. Joe Resweber, page 2 (M-708) 

for such county, who shall hold 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 faithful performance of his 

duties. 

,1 

. . . 

“(f) Such agent shall receive as compensation for his services~ a salary of not less than 

Five Thousand Dollars ($5,000) nor more than Eighteen Thousand Dollars ($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 the Road and Bridge Fund off such county 

by warrants drawn on the county treasurer and shall 

be set by the Board as designated In Section l(a) 

of this A c t . 

"(g) Said agent may have assistants to aid 

In the performance of his duties as county purchasing agent. 

"(h) Said agent and said assistants may have 

such help, equipment, supplies and traveling expenses with the approval of said Board of judges, 

as they may deem advisable, the amount of said 

expenses to be approved by said Board.” (Emphasis 

added.) 

The power of the Commissioners Court to alter the county 

budget, by virtue of its general fiscal powers, is found In the 

second paragraph of Article 1666a, Vernon's Civil Statutes, which 

provides that: 

I, The (Commissioners) Court shall have 

authority to make such changes in the (county) 

budget as in its judgment the facts and the law 

warrant and the interest of the taxpayers demand 

. . . 

While it Is true that a county commissioners court has 

general control over county fiscal matters, the Legislature may 

by statute except certain fiscal matters from Its control; e.g., 

Article 1650, Vernon's Civil Statutes (office of the county-- 

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. I 

Hon. Joe Resweber, page 3’ (M-708) 

audltor);'Artlcle 42.12(10), Texas Code of Criminal Procedure 

(probation officers); 

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 Purchasing Agent. Section (g) of Article 1580, supra, provides that 

the Agent may have assistants, but makes no direct mention 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 of most county employees and 

circumscribes their power 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 (county purchasing) 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." (Emphasis added.) 

We do not believe the Legislature Intended that the 

power to budget expenses of the County Purchasing Agent's office 

should be divided, whereby the board of judges fixes the budgetary 

allotment for the salary of the County Purchasing Agent and the expenses for equipment, supplies, and travel, on the one hand, and the 

Commissioners Court 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 Commissioners Court has a mandatory 

ministerial duty to approve and pay such expenses. 

Accordingly, your question Is answered in the negative. 

SUMMARY 

The Commissioners Court of Harris County has 

the mandatory ministerial duty to approve and pay 

the budgetary expenses alloted for the office of 

the Harris County Purchasing Agent that are fixed 

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. . 

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

by the board of judges pursuant to Section l(a) 

of Article 1580, Vernon's Civil Statutes. 

Prepared by 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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