reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.016. Functions of Grievance Committee in Relation to Elected Officers

Sec. 152.016.  FUNCTIONS OF GRIEVANCE COMMITTEE IN RELATION TO ELECTED OFFICERS.  (a)  An elected county or precinct officer who is aggrieved by the setting of the officer's salary or personal expenses may request a hearing before the salary grievance committee before the approval of the county's annual budget.  The request must:
(1)  be in writing;
(2)  be delivered to the committee chairman within five days after the date the officer receives notice of the salary or personal expenses;  and
(3)  state the desired change in salary or personal expenses.
(b)  The committee shall hold a public hearing not later than the later of the 10th day after:
(1)  the date the request is received;  or
(2)  the date the commissioners court selects the public members of the committee.
(b-1)  The chairman shall announce the time and place of the hearing.
(c)  If, after the hearing, six or more of the members vote to recommend an increase in the officer's salary or personal expenses, the committee shall submit its recommendation to the commissioners court in writing.  If six to eight members vote to recommend the increase, the commissioners court shall consider the recommendation at its next meeting.  If nine members vote to recommend the increase and sign the recommendation, the commissioners court shall include the increase in the budget before the budget is filed and the increase takes effect in the next budget year.
(d)  The committee's authority is limited to the consideration of increases in the salaries or personal expenses of county and precinct officers.  The committee may not set policy of the county or add new items to a proposed county budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 326, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 131, Sec. 3, eff. Jan. 1, 2004.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.0165. Exhaustion of Remedies Before Filing Suit Regarding Grievance

Sec. 152.0165.  EXHAUSTION OF REMEDIES BEFORE FILING SUIT REGARDING GRIEVANCE.  (a)  An elected county or precinct officer may not file suit regarding the officer's salary or personal expenses unless a hearing has been requested and held under Section 152.016.
(b)  This section does not affect a defense, immunity, or jurisdictional bar available to a county or a county official or employee that is sued by a county or precinct officer based on the officer's salary, office and travel expenses, or other allowances.
Added by Acts 2003, 78th Leg., ch. 439, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.017. Exceptions

Sec. 152.017.  EXCEPTIONS.  This subchapter does not apply to:
(1)  a judge of a court of record;
(2)  a presiding judge of a commissioners court in a county with a population of 3.3 million or more;
(3)  a district attorney paid wholly by state funds or the district attorney's assistants, investigators, or other employees;
(4)  a county auditor, county purchasing agent, or the auditor's or purchasing agent's assistants or other employees; or
(5)  a person employed under Section 76.004, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 89, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 70, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.76, eff. January 1, 2017.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter B. Amount of Compensation, Expenses, and Allowances Generally Applicable › Section 152.018. Former Procedures Not Affected

Sec. 152.018.  FORMER PROCEDURES NOT AFFECTED.  This subchapter does not affect a lawful procedure or delegation of authority established before January 1, 1972, for setting the salary of a county or precinct employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter C. Amount of Compensation and Expenses of County Auditor and Assistants › Section 152.031. County Auditor's Salary

Sec. 152.031.  COUNTY AUDITOR'S SALARY.  (a)  At a hearing held in accordance with Section 152.905, the district judges appointing the county auditor shall set, by a majority vote, the auditor's annual salary as compensation for services and the auditor's travel expenses and other allowances.  The action of the district judges must be taken by order and must be recorded as prescribed by Section 152.905 and in the minutes of the district court.
(b)  The district clerk shall certify the order to the commissioners court of the county for its observance.  The commissioners court shall cause the order to be recorded in its minutes.
(c)  The salary shall be paid to the county auditor by monthly payments or by any other distribution at the option of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 11(c), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1169, Sec. 2, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 874, Sec. 1, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter C. Amount of Compensation and Expenses of County Auditor and Assistants › Section 152.034. Salaries of Assistants to County Auditor

Sec. 152.034.  SALARIES OF ASSISTANTS TO COUNTY AUDITOR.  The salaries of assistants to the county auditor are set in the manner prescribed by Section 84.021.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter C. Amount of Compensation and Expenses of County Auditor and Assistants › Section 152.035. Reimbursement for Mileage Expenses

Sec. 152.035.  REIMBURSEMENT FOR MILEAGE EXPENSES.  (a)  The commissioners court of a county may reimburse the county auditor for expenses incurred in traveling to and from the county seat in the auditor's personal automobile to perform official duties and to attend conferences and seminars relating to the performance of official duties.  However, the commissioners court may not reimburse the auditor for expenses incurred in traveling between the auditor's personal residence and county office or for expenses incurred in any other travel of a personal nature.
(b)  The commissioners court of a county with a population of 3.3 million or more may reimburse an assistant of a county auditor for the assistant's expenses that are the same kind as those for which the county auditor may be reimbursed under Subsection (a).
(c)  The commissioners court by order shall set the reimbursement at a reasonable rate.
(d)  Reimbursement shall be paid monthly on submission of a sworn expense report by the person seeking the reimbursement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 66, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter D. Withholding Compensation of Officer Who Elects Not to Be Paid › Section 152.051. Definition

Sec. 152.051.  DEFINITION.  In this subchapter, "county payroll officer" means the county auditor or other appropriate county officer who issues paychecks to county or precinct personnel.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1259, Sec. 2, eff. June 18, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter D. Withholding Compensation of Officer Who Elects Not to Be Paid › Section 152.052. Decision to Reduce Compensation or Not to Be Paid

Sec. 152.052.  DECISION TO REDUCE COMPENSATION OR NOT TO BE PAID.  (a)  Within five days after the date an elected county or precinct officer takes office, the officer shall file an affidavit with the county payroll officer stating that the officer elects not to be paid for the officer's services if, during the person's campaign for election to the county or precinct office, the person publicly advocated the abolition of the office.  The affidavit must include a statement by the officer describing the method by which the officer intends to seek to obtain the abolition of the office for which the officer was elected and the date by which it is proposed to be accomplished.
(b)  An elected county or precinct officer may, at any time, reduce the amount of compensation set for that office by filing with the county payroll officer an affidavit stating that the officer elects to reduce the amount of compensation paid for the officer's service to a specified amount.  The reduction is effective on the date the affidavit is filed, and the county payroll officer shall issue any subsequent paychecks for the officer accordingly.
(c)  If an officer covered by Subsection (a) or any other elected county or precinct officer files an affidavit with the county payroll officer stating that the officer elects not to be paid for the officer's services, the county payroll officer may not issue a paycheck to the officer.
(d)  After an affidavit under Subsection (a) of this section is filed, the county payroll officer shall take measures to stop payment of a paycheck that was issued to the officer before the affidavit was filed and that has not been presented for payment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1259, Sec. 3, eff. June 18, 1989.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter D. Withholding Compensation of Officer Who Elects Not to Be Paid › Section 152.053. Record of Nonpayment

Sec. 152.053.  RECORD OF NONPAYMENT.  The county payroll officer shall make an entry in the payroll records of the county to show each pay period for which the officer is not paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter D. Withholding Compensation of Officer Who Elects Not to Be Paid › Section 152.054. Recovery of Payroll Taxes

Sec. 152.054.  RECOVERY OF PAYROLL TAXES.  The county payroll officer shall seek to recover for the county any payroll taxes paid on the officer's compensation that is not paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter E. Special Provisions Applying to Sheriffs Department › Section 152.071. Classification of Positions; Salary Schedule

Sec. 152.071.  CLASSIFICATION OF POSITIONS;  SALARY SCHEDULE.  (a)  In a county with a population of more than 75,000, the county government shall classify all positions in its sheriff's department and shall specify the duties and prescribe the salary for each classification.
(a-1)  A county government in a county that has a population of more than 7,500, is located on an international boundary, and contains no incorporated territory of a municipality may classify all positions in its sheriff's department and may specify the duties and prescribe the salary for each classification.
(b)  A member of the sheriff's department who is required to perform the duties of a particular classification is entitled to be paid the salary prescribed for that position during the time the member performs those duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 1225, Sec. 3, eff. July 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter E. Special Provisions Applying to Sheriffs Department › Section 152.073. Penalty

Sec. 152.073.  PENALTY.  (a)  A person who is a county official and who is in charge of the sheriff's department or is responsible for setting the compensation provided by Sections 152.071 and 152.072 commits an offense if the person violates Section 152.071 or 152.072.
(b)  An offense under this section is punishable by a fine of not less than $10 or more than $100.
(c)  Each day on which the county official causes or permits a violation of this section to occur is a separate offense.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 808, Sec. 2, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter E. Special Provisions Applying to Sheriffs Department › Section 152.074. Longevity Pay for Commissioned Deputies and County Jailers

Sec. 152.074.  LONGEVITY PAY FOR COMMISSIONED DEPUTIES AND COUNTY JAILERS.  (a)  In a county with a population of 150,000 or more, the commissioners court of a county shall provide to each commissioned deputy of the sheriff's department longevity pay in an amount not less than $5 a month for each year of service in the department, up to and including 25 years.  Each commissioned deputy is entitled to the longevity pay in addition to the deputy's regular compensation.
(a-1)  In a county with a population of 150,000 or more, the commissioners court may provide to each county jailer of the sheriff's department longevity pay in the amount provided to a commissioned deputy under Subsection (a).
(a-2)  A county government in a county that has a population of more than 7,500, is located on an international boundary, and contains no incorporated territory of a municipality may provide longevity pay for each commissioned deputy of the sheriff's department of not less than $5 a month for each year of service in the department, up to and including 25 years.  If longevity pay is provided for, each commissioned deputy is entitled to the longevity pay in addition to the deputy's regular compensation.
(b)  The commissioners court shall begin providing the longevity pay at the beginning of the first fiscal year after the date this section becomes applicable to the county.
(c)  In this section, "county jailer" has the meaning assigned by Section 1701.001, Occupations Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 505, Sec. 1, 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1225, Sec. 5, eff. July. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(65), eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter E. Special Provisions Applying to Sheriffs Department › Section 152.075. Compensation for Reserve Deputy Sheriffs

Sec. 152.075.  COMPENSATION FOR RESERVE DEPUTY SHERIFFS.  (a)  The commissioners court of a county may compensate a reserve deputy sheriff as provided by law for the compensation of a deputy sheriff.
(b)  The commissioners court may reimburse a reserve deputy sheriff for reasonable and necessary expenses incurred in the performance of official duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.901. Travel Expenses for Certain County Agents and Board Members

Sec. 152.901.  TRAVEL EXPENSES FOR CERTAIN COUNTY AGENTS AND BOARD MEMBERS.  (a)  The commissioners court of a county may authorize the payment of reasonable travel expenses incurred by a person who:
(1)  is an agent of the county, or is a board or committee member appointed by the commissioners court;  and
(2)  is not a county or precinct officer or employee whose travel expenses may be set under Section 152.011.
(b)  The travel expenses must be incurred by the person while performing county business authorized by the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.902. Compensation for Reserve Deputy Constables

Sec. 152.902.  COMPENSATION FOR RESERVE DEPUTY CONSTABLES.  (a)  The commissioners court of a county may compensate a reserve deputy constable as provided by law for the compensation of a deputy constable.
(b)  The commissioners court may reimburse a reserve deputy constable for reasonable and necessary expenses incurred in the performance of official duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.903. Compensation for Interpreters Employed by District Courts

Sec. 152.903.  COMPENSATION FOR INTERPRETERS EMPLOYED BY DISTRICT COURTS.  (a)  Except as provided by Subsection (d), the commissioners court of a county may set the compensation of interpreters employed by the district courts in the county.
(b)  The salary of an interpreter shall be paid on warrants issued by the district court or the clerk of the court in favor of the interpreter.
(c)  The salary of an interpreter appointed under Subchapter B, Chapter 21, Civil Practice and Remedies Code, is payable in equal monthly payments or by any other distribution at the option of the county.
(d)  This section does not apply to interpreters for deaf or deaf-mute persons appointed under Subchapter A, Chapter 21, Civil Practice and Remedies Code, or Article 38.31, Code of Criminal Procedure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 874, Sec. 2, eff. June 16, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.904. Compensation of County Judge in Certain Counties

Sec. 152.904.  COMPENSATION OF COUNTY JUDGE IN CERTAIN COUNTIES.  (a)  The county judge of Gregg County is entitled to receive an annual salary set by the commissioners court at an amount that does not exceed 90 percent of the total annual salary paid to any district judge in the county.
(b)  The county judge of El Paso County is entitled to receive an annual salary in an amount not to exceed 90 percent of the total annual salary, including supplements, paid to any district judge in the county.
(c)  The commissioners court of a county with a population of 315,000 to 351,000 shall set the annual salary of the county judge at an amount equal to or greater than 90 percent of the salary, including supplements, of any district judge in Galveston County.  However, the salary may not be set at an amount less than the salary paid the county judge on May 2, 1962.
(d)  The county judge of Webb County is entitled to receive a salary set by the commissioners court at at least $20,000, but not more than the salary, including any supplements, paid to a district judge in the county.  The salary shall be paid out of the county treasury by order of the commissioners court and shall be paid monthly in equal installments or by any other distribution at the option of the county.
(e)  The Commissioners Court of Harris County shall set the annual salary of the county judge at an amount that is not less than $1,000 more than the total annual salary received by county criminal court at law judges in the county.  The salary shall be paid in equal biweekly installments.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.11(d), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 597, Sec. 90, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 874, Sec. 3, eff. June 16, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 67, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 72, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 194 (S.B. 560), Sec. 5, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 135, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.905. Procedures for Setting Compensation by District Judges

Sec. 152.905.  PROCEDURES FOR SETTING COMPENSATION BY DISTRICT JUDGES.  (a)  This section applies only to the compensation of the county auditor, assistant auditors, and court reporters.
(b)  Before setting the amount of annual compensation of the county auditor, assistant auditors, and court reporters, the district judge or judges shall hold a public hearing on the matter at which parties in interest and citizens have an opportunity to be heard.
(c)  Not earlier than the 30th or later than the 10th day before the date of the hearing, notice of the time, place, and subject of the hearing must be published in a newspaper of general circulation in the county.
(d)  At the hearing, the district judge or judges shall set the amount of compensation of the county auditor, assistant auditors, and court reporters considered at the hearing.  The vote must be recorded, transcribed, and maintained as a public record.
Added by Acts 1989, 71st Leg., ch. 1169, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 2003, 78th Leg., ch. 1225, Sec. 1, eff. July 1, 2003.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.906. Longevity Pay for Deputy Constables

Sec. 152.906.  LONGEVITY PAY FOR DEPUTY CONSTABLES.  In a county with a population of 190,000 or more, the commissioners court may provide for each county employee or classification of county employee, including, but not limited to, deputy constables, longevity pay, in addition to regular compensation, of $5 a month, or any other amount determined by the commissioners court, for each year of service in the county, up to and including 30 years.
Added by Acts 1991, 72nd Leg., ch. 773, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 152 - Amount of Compensation, Expenses, and Allowances of County Officers and Employees › Subchapter Z. Miscellaneous Provisions › Section 152.907. Continuing Education Expenses for County and Precinct Officers

Sec. 152.907.  CONTINUING EDUCATION EXPENSES FOR COUNTY AND PRECINCT OFFICERS.  The commissioners court of a county may authorize payment of reasonable continuing education expenses incurred by a county or precinct officer if the expenses are related to the officer's official duties, including expenses incurred by the officer between the general election at which the officer is elected and the beginning of the officer's term of office.
Added by Acts 1999, 76th Leg., ch. 980, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 153 - Compensation of County Officers on Fee Basis › Section 153.001. County Treasurer's Commission for Receiving or Paying Out Money

Sec. 153.001.  COUNTY TREASURER'S COMMISSION FOR RECEIVING OR PAYING OUT MONEY.  (a)  In a county in which the county treasurer is compensated on a fee basis, the treasurer is entitled to the following commissions for receiving and paying out money for the county:
(1)  for money other than school funds, a percentage set by order of the commissioners court not to exceed 2-1/2 percent of the money received and a percentage set by order of the court not to exceed 2-1/2 percent of the money paid out;  and
(2)  for school funds, one-half percent of the money received and one-half percent of the money paid out.
(b)  A commission earned under Subsection (a)(2) is payable from the available school fund of the county.
(c)  A county treasurer may not receive a commission under this section for money received from the treasurer's predecessor or money paid to the treasurer's successor.  A county treasurer may not receive a commission under Subsection (a)(2) for transferring money.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 153 - Compensation of County Officers on Fee Basis › Section 153.002. Fee for Keeping Ledger and Making Statements

Sec. 153.002.  FEE FOR KEEPING LEDGER AND MAKING STATEMENTS.  In a county that does not have the office of county auditor and in which the county treasurer is compensated on a fee basis, the treasurer is entitled to annual compensation for keeping the county finance ledger and for making the statements required by Section 114.021.  The compensation is in an amount that equals $5 for each $1,000 tax assessed and due to the county, but the amount may not be less than $100 or more than $250.  Compensation under this section is paid on the order of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 207 (H.B. 398), Sec. 3, eff. May 25, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 153 - Compensation of County Officers on Fee Basis › Section 153.003. Monthly Statement of Expenses of Officers

Sec. 153.003.  MONTHLY STATEMENT OF EXPENSES OF OFFICERS.  (a)  At the end of each month, a county officer who is compensated on a fee basis shall prepare an itemized and sworn statement of the actual and necessary expenses incurred by the officer in the conduct of the office.  The statement shall be made a part of the fees statement required by Section 114.041 and must contain:
(1)  the name of the case, if any, in connection with which an expense is incurred;  and
(2)  the name and position of, and the amount of the salary actually paid to, each assistant or deputy of the officer.
(b)  For the purposes of this section, actual and necessary expenses include expenses for:
(1)  travel, stationery, stamps, and telephone service;  and
(2)  premiums on officials' bonds, including surety bonds for deputies, and premiums on fire, burglary, theft, and robbery insurance to protect public funds.
(c)  The salaries paid to the officer's assistants, deputies, and clerks and the incurred expenses shall be paid from fees earned by the officer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.001. Definition

Sec. 154.001.  DEFINITION.  In this chapter, "precinct officer" means a justice of the peace or a constable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.002. Salary Paid in Lieu of Fees and Commissions

Sec. 154.002.  SALARY PAID IN LIEU OF FEES AND COMMISSIONS.  A district, county, or precinct officer who is paid on a salary basis receives the salary instead of all fees, commissions, and other compensation the officer would otherwise be authorized to keep, except as otherwise provided by this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.003. Collection and Disposition of Fees and Commissions of Salaried Officer

Sec. 154.003.  COLLECTION AND DISPOSITION OF FEES AND COMMISSIONS OF SALARIED OFFICER.  A district, county, or precinct officer who is paid an annual salary shall charge and collect in the manner authorized by law all fees, commissions, and other compensation permitted for official services performed by the officer.  The officer shall dispose of the collected money as provided by Subchapter B, Chapter 113.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.004. State and County Prohibited From Paying Fees or Commissions to Salaried Officer

Sec. 154.004.  STATE AND COUNTY PROHIBITED FROM PAYING FEES OR COMMISSIONS TO SALARIED OFFICER.  (a)  The state may not pay a district officer a fee or commission for the performance of a service by the officer.
(b)  If a county officer is paid an annual salary, the state or any county may not pay a fee or commission to the officer for the performance of a service by the officer.
(c)  The state or any county may not pay a fee or commission to a precinct officer for the performance of a service by the officer.
(d)  The prohibitions established by this section do not affect:
(1)  fees and commissions the county tax assessor-collector is authorized by law to collect;
(2)  the payment of costs in a civil case or eminent domain proceeding by the state;  or
(3)  the payment of fees and commissions by the state or a county for services performed by county officers relating to the acquisition of rights-of-way for public roads and highways.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.005. Fees and Commissions Certain Salaried Officers May Receive in Addition to Salary

Sec. 154.005.  FEES AND COMMISSIONS CERTAIN SALARIED OFFICERS MAY RECEIVE IN ADDITION TO SALARY.  (a)  A justice of the peace may receive, in addition to a salary, all fees, commissions, or payments for performing marriage ceremonies, for acting as registrar for the Bureau of Vital Statistics, and for acting as ex officio notary public.
(b)  A county judge may receive, in addition to a salary, all fees, commissions, or payments for performing marriage ceremonies.
(c)  A sheriff or constable may receive, in addition to a salary, any reward for the apprehension of a criminal fugitive from justice or for the recovery of stolen property.
(d)  A constable may receive, in addition to Subsection (c), all fees, commissions, or payments for delivering notices required by Section 24.005, Property Code, relating to eviction actions.  Notices may only be delivered when not in conflict with the official duties and responsibilities of the constable.  A constable delivering said notices must not be wearing upon his or her person a uniform or any insignia which would usually be associated with the position of constable nor may the constable use a county vehicle or county equipment while delivering said notices.  For purposes of collecting fees for serving said notices, a constable is considered a private process server.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 884, Sec. 2, eff. Jan. 1, 1998.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.006. Insufficient Salary Fund Supplemented by Transfer From General Fund

Sec. 154.006.  INSUFFICIENT SALARY FUND SUPPLEMENTED BY TRANSFER FROM GENERAL FUND.  If a salary fund created under this chapter does not contain enough money to pay the claims against it, the commissioners court shall transfer to the salary fund from the general fund of the county an amount of money necessary to pay those claims.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.007. Use of General Fund Instead of Salary Fund

Sec. 154.007.  USE OF GENERAL FUND INSTEAD OF SALARY FUND.  (a)  At its first regular meeting in the first month of each fiscal year, the commissioners court may direct, by order entered in its minutes, that all money that otherwise would be deposited in a salary fund created under this chapter shall be deposited in the general fund of the county.
(b)  In a county in which the order is adopted, a reference in this chapter to a salary fund means the general fund.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.008. Legislative Appropriation for Officers Compensated on Salary Basis

Sec. 154.008.  LEGISLATIVE APPROPRIATION FOR OFFICERS COMPENSATED ON SALARY BASIS.  (a)  The comptroller of public accounts shall apportion and pay to counties in which county officers are compensated on a salary basis the money the legislature appropriates for the year for that purpose.
(b)  The comptroller shall apportion the money on the basis of population.  The annual apportionment may not exceed 14 cents a person, except that in a county that had a population of less than 60,000 according to the 1930 federal census and in which the ad valorem valuation for all purposes according to the most recently approved tax roll exceeds the valuation for 1930 by 50 percent or more, the annual apportionment may not exceed 25 cents a person.
(c)  The comptroller shall make the payment each year in four installments on the first day of January, April, July, and October.  However, if a commissioners court orders that county officers who were previously compensated by fees are to be compensated by salary, the comptroller shall pay the first installment to that county within 15 days after the date the comptroller receives notice of the commissioners court's order.
(d)  The comptroller shall mail or electronically transmit a warrant for the payment to the county treasurer.  The warrant must be:
(1)  drawn on the state treasury;
(2)  payable to the county treasurer; and
(3)  registered by the comptroller.
(e)  The payment shall be deposited in the salary fund of the county.  If a county has more than one salary fund, the commissioners court shall apportion the payment among the salary funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 13.02, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 934 (H.B. 3439), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.009. Effect of Failure to Collect Fee or Commission

Sec. 154.009.  EFFECT OF FAILURE TO COLLECT FEE OR COMMISSION.  (a)  If, following a hearing, the commissioners court finds that a district, county, or precinct officer has, through neglect, failed to collect a fee or commission that the officer is required by law to collect, the commissioners court shall deduct the amount of the fee or commission from the officer's salary.  Before the 10th day before the date of the hearing, the commissioners court shall provide the officer with notice of the time and place of the hearing and an itemized statement of the uncollected fees to be charged against the officer's salary.
(b)  This section does not apply to a district, county, or precinct officer if the county treasurer or county auditor is required to collect the fee or commission under Section 154.011.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 217, Sec. 6, eff. May 23, 1995.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.010. Authority to Purchase Liability Insurance for County Officers and Employees

Sec. 154.010.  AUTHORITY TO PURCHASE LIABILITY INSURANCE FOR COUNTY OFFICERS AND EMPLOYEES.  (a)  A warrant may be drawn on either the general fund or salary fund to pay any insurance premium or self-insurance pool contribution for the purpose of providing insurance or other coverage for the liabilities of an official or employee of the county, a district attorney who has all or part of the county within the district attorney's jurisdiction, or an official of any special purpose district located, in whole or in part, in the county arising from the performance of an official duty or a duty of employment as authorized by Section 157.041 or Chapter 119 or by Chapter 791 or 2259, Government Code.
(b)  Subdivision (a) is applicable regardless of whether the commissioners court adopts an order in accordance with Section 154.007, Local Government Code.
Added by Acts 1991, 72nd Leg., ch. 351, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 561, Sec. 6, eff. Aug. 30, 1993;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.286, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter A. General Provisions › Section 154.011. Collections by County Treasurer or County Auditor

Sec. 154.011.  COLLECTIONS BY COUNTY TREASURER OR COUNTY AUDITOR.  (a)  If a district, county, or precinct officer consents, the commissioners court of a county with a population of 2.8 million or more may designate the county treasurer, if the county treasurer consents, or the county auditor, if the county auditor consents, to collect a fee, commission, judgment, fine, forfeiture, or penalty on behalf of the district, county, or precinct officer who is required by law to collect the fee, commission, judgment, fine, forfeiture, or penalty.
(b)  The official designated shall report the collection of a fee, commission, judgment, fine, forfeiture, or penalty to the district, county, or precinct officer.
(c)  The official designated is solely liable for collecting the fee, commission, judgment, fine, forfeiture, or penalty.
(d)  The official designated may discharge liability under this section in the same manner provided for a district, county, or precinct officer.
(e)  In this section, "county treasurer" includes a person performing the duties of the county treasurer and "county auditor" includes a person performing the duties of the county auditor.
Added by Acts 1995, 74th Leg., ch. 217, Sec. 7, eff. May 23, 1995.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter B. Provisions Applicable in County With Population of 190,000 or Less › Section 154.021. Counties Covered by Subchapter

Sec. 154.021.  COUNTIES COVERED BY SUBCHAPTER.  This subchapter applies to a county with a population of 190,000 or less, except as otherwise provided by this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter B. Provisions Applicable in County With Population of 190,000 or Less › Section 154.022. Option to Pay Compensation on Fee Basis or Salary Basis in County With Population of Less Than 20,000

Sec. 154.022.  OPTION TO PAY COMPENSATION ON FEE BASIS OR SALARY BASIS IN COUNTY WITH POPULATION OF LESS THAN 20,000.  (a)  In a county with a population of less than 20,000, the commissioners court shall determine, by order entered in the record at its first regular meeting in the first month of each fiscal year, whether county officers are to be compensated for the fiscal year by an annual salary or by fees earned from the performance of official duties.  This subsection does not apply to a county surveyor, registrar of vital statistics, or notary public or to a county officer required to be compensated on a salary basis.
(b)  Before the expiration of the first month of the fiscal year, the county clerk shall deliver to the comptroller of public accounts a certified copy of the commissioners court's order.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter B. Provisions Applicable in County With Population of 190,000 or Less › Section 154.023. Salary Fund

Sec. 154.023.  SALARY FUND.  (a)  A salary fund shall be created in the county to be known as the "officers' salary fund of __________ County, Texas."  The following items shall be paid from the fund:
(1)  salaries of district, county, and precinct officers;
(2)  salaries of the officers' deputies, assistants, and clerks;  and
(3)  the authorized expenses of the offices of those officers.
(b)  The salary fund shall be:
(1)  deposited in the county depository;
(2)  kept separate from other county funds;  and
(3)  protected to the same extent as other county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter B. Provisions Applicable in County With Population of 190,000 or Less › Section 154.0235. Procedures Regarding Payment of Office Expenses and Employee Salaries

Sec. 154.0235.  PROCEDURES REGARDING PAYMENT OF OFFICE EXPENSES AND EMPLOYEE SALARIES.  (a)  A district, county, or precinct officer may issue a warrant against the salary fund to pay authorized expenses of the office or the salary of an employee whose salary may be paid from the fund.
(b)  A payment may not be made from the salary fund to an employee for a service performed before the person has taken the constitutional oath of office, if applicable, and the person's authorized appointment and oath, if any, have been filed for record with the county clerk and the county auditor, if the county has a county auditor.
Added by Acts 2019, 86th Leg., R.S., Ch. 330 (S.B. 354), Sec. 2, eff. May 31, 2019.
2023 Texas Statutes › Local Government Code › Title 5 - Matters Affecting Public Officers and Employees › Subtitle B - County Officers and Employees › Chapter 154 - Compensation of District, County, and Precinct Officers on Salary Basis › Subchapter B. Provisions Applicable in County With Population of 190,000 or Less › Section 154.024. Monthly Report of Expenses of Officers

Sec. 154.024.  MONTHLY REPORT OF EXPENSES OF OFFICERS.  At the end of each month, an officer who is compensated on a salary basis shall prepare a report of the officer's expenses.  The report must:
(1)  contain an itemized and sworn statement of all approved expenses incurred by the officer and charged to the officer's county;
(2)  contain the name of the case, if any, in connection with which an expense is incurred;  and
(3)  be accompanied by invoices covering any purchases and requisitions issued by the officer and included in the report.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.