. . 

The Attorney General of Texas 

May 9, 1978 

JOHN L. HILL 

Attorney General 

Honorable Joe Resweber 

Harris County Attorney 

Houston, Texas 77002 

Opinion No. H- 1164 

Re: Stipends for Harris County 

Commissioners Court members 

or their surrogates. 

Dear Mr. Resweber: 

You advise that the Commissioners Court of Harris County feels it 

advisable to keep informed of the activities of various citizen groups within 

the county, such as the Houston Chamber of Commerce, the HoustonGalveston Area Council, and the Bayou Preservation Association, by having 

its representatives attend various meetings and conferences of these groups 

as nonparticipant, nonmember auditors. You ask: 

Can the Harris County Commissioners Court legally 

authorize payment by blanket order of $10.00 per 

meeting per Court Member or (employee) Representative of a Court Member for attending various business 

meetings? 

Unless it is illegal to pay county officers and employees for attending 

private meetings, the plain language of article 3912k, V.T.C.S., requires an 

affirmative answer with respect to county commissioners and employee 

representatives. In pertinent part that statute reads: 

Section 1. 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 

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. 

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Sec. 2. (a) 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. 

In Attorney General Opinion H-992 (1977), which concerned travel allowances 

for members of the County Commissioners Court of Duval County, we noted that 

article 3912k 

gives to the commissioners court authority to fix the amount 

which shall be received for travel expenses by county and 

precinct officials, including the commissioners themselves. 

The same holds true for “compensation . . . and all other allowances for county and 

precinct officials and employees who are paid wholly from county funds,” article 

3912k, V.T.C.S., except for those expressly excepted by the statute or by later 

enactment. 

Of course, article 3912k requires that the compensation of elected county 

officials be set only during the regular budget hearing held annually unless the 

grievance procedure set out elsewhere in the statute is employed: the budget can 

be amended at other times to provide for changed salaries of employees. V.T.C.S. 

art. 3912k, SS 2, 6. See Attorney General Opinions H-643 (1975), H-572 (1975), H-U. 

(1973). But see Attorney General Opinion M-1176 (1972) (dicta). 

The County Judge is the presiding judge of a commissioners court in a county 

having a population of more than 1,700,OOO according to the most recent federal 

census. Consequently, article 3912k does not govern amounts to be paid that 

officer, who is expressly excepted from its terms. V.T.C.S. art. 3912k, g 7(4); cf, 

Attorne General Opinions H-731 (1975) (domestic relations court judge not 

covered, Y H-656 (1975) (district attorney not covered). See also Attorney General 

Opinions H-908 (1976), M-1125 (1972). In counties having a population of not less 

than 1,500,OOO .according to the most recent federal census, such as Harris County, 

the salary of the County Judge is to be fixed at “not less than One Thousand Dollars 

($1,000) more per annum than the total annual salary received by Judges of the 

Probate Courts, Judges of the County Courts at Law, and Judges of the County 

Criminal Courts in such counties . . . .‘I V.T.C.S. art. 3883i-2. The governing 

statute establishes a minimum but not a maximum. 

Many dated Texas Attorney General Opinions termed it illegal for a county to 

pay a county officer or employee compensation or expenses for attending private 

meetings or conventions, even though their attendance would directly benefit the 

county. See Attorne General Opinions S-36 (1953), V-1415 (1952), O-5298 (1943), O4827 (194r O-3701 P 1941), 0-2ll7 (1940), O-1940 (1940), O-810 (1939). But in 1970, 

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Honorable Joe Resweber - Page 3 (H-1164) 

Attorney GeneralOpinion M-680 (1970) concluded that a county had implied power 

to pay the expenses of officers for attendance at noncounty meetings, ceremonies, 

and workshops if the commissioners court found that such expenses were reasonably 

and necessarily incident to the proper functioning of the county official and were 

properly related to the statutory purpose of the official’s office. It expressly 

overruled all prior conflicting opinions, many of which had been undercut 

previously. See Attorney General Opinions O-2419 (1940), S-126 (1954), WW-245 

(1957). - 

The county commissioners court has many powers and duties. V.T.C.S. arts. 

2351 - 2372~. We cannot say as a matter of law that no proper public purposes 

would be served by having a representative of the commissioners court attend and 

audit various business meetings of the organizations named. It was noted in 

Attorney General Opinion H-133 (1973) that the concept of “public purpose” has 

undergone expansion within the last quarter century, and that the benefits realized 

need not be direct or immediate. As stated in Attorney General Opinion M-680 

(1970), “[flact determinations such as these must necessarily encompass a wide 

range of discretion. We cannot substitute our discretion for that of the Court; nor 

can we hold that the facts show a clear abuse of discretion by the Court.” 

We think the contemplated stipend is to be considered an addition to the 

regular compensation of the officer or employee involved. Assuming the action is 

taken at a proper time the Commissioners Court of Harris County might legally 

authorize payments of $10.00 “per meeting per Court Member or (employee) 

Representative of a Court Member ” for attending particular citizen and group 

business meetings. See Attorney General Opinions H-860 (1976), H-797 (1976), H336 (1974), H-51 (1973),-39 (1973), H-35 (1973); Attorney General Letter Advisory 

No. 89 (1975). See also Attorney General Opinion M-1176 (1972). 

-- 

SUMMARY 

If the Commissioners Court of Harris County determines 

that the attendance of a commissioner or his representative 

at business meetings of particular private groups is reasonably and necessarily incident to the proper functioning of 

the county.government and properly related to the commissioner’s statutory duties, the court may legally authorize 

payments of ten dollars per meeting per court member (or 

county employee representing a court member) as a part of 

his salary for attending such meetings, assuming the action 

is taken at the proper time. 

‘ii JOHN L. HILL 

Attorney General of Texas 

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APPROVED: 

Opinion Committee 

p. 4712