Could a Hardin County district judge raise county-auditor assistants' salaries during the budget year and create a court-coordinator position without statutory authority?
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This page answers the general question as of 1983. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-49: Auditor-Staff Raises and a Court Coordinator
Plain-English summary
JM-49 concluded that a district judge could approve salary increases for county-auditor assistants during the county budget year after a proper application from the auditor.
"It is our opinion that the district judge may, during the course of the budget year, direct a change in the county budget which increases the salaries of the assistants in the county auditor's office."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
That authority was subject to three conditions: the auditor had to apply properly, the change could not require expenditures beyond anticipated annual revenue, and the county budget amendment had to comply with law.
"Such change may be made: (1) upon a proper application made by the auditor to the district court; (2) only if such action does not require county expenditures in excess of anticipated revenue of the county for that year; and (3) only if amendment of the county budget is made in compliance with law."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
The judge could not unilaterally create a court-coordinator position for the Hardin County district court or compel the commissioners court to fund a specified salary without statutory authority.
"We find no authority for the district judge to unilaterally create such position and compel the county commissioners court to pay the specified salary."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf"However, in the absence of any statutory authority the district judge may not unilaterally appoint and set the salary for a court coordinator."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Currency note
This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Who initiated a salary request for auditor assistants?
The county auditor applied to the district judge, naming the assistants and requesting their salaries.
"This statute provides that the auditor shall apply 'at any time' to the district judge for the appointment of named assistants and the salaries requested to be paid to them."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Could the application be made during the year?
Yes. Article 1650 said the auditor could apply "at any time" and did not limit appointments and compensation to one annual decision.
"Article 1650 does not require that these appointments be made only once during the year and the compensation fixed for the entire budget year."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
What happened after the judge approved appointments and salaries?
The judge certified the approved list to the commissioners court, which had to order payment for services and appropriate adequate funds.
"[The judge shall] prepare a list of the appointees so approved and the salaries to be paid each and certify said list to the Commissioners Court of said county."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf"The Commissioners Court shall thereupon order the amount paid from the General Fund of said county upon the performance of the services; and said Court shall appropriate adequate funds for the purpose."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Could the increase exceed anticipated county revenue?
No. JM-49 made staying within anticipated annual revenue an express condition.
"[The change may be made] only if such action does not require county expenditures in excess of anticipated revenue of the county for that year."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Did the budget still need a lawful amendment?
Yes.
"[The change may be made] only if amendment of the county budget is made in compliance with law."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Why could the judge not appoint a court coordinator?
The statutory authority then applied only to certain primarily criminal district courts in counties exceeding 700,000 people. Hardin County's court had statutory support from the district clerk and official shorthand reporter, but no coordinator authority.
"Only those district courts in counties with a population of over 700,000 which hear primarily criminal matters are authorized to establish and maintain a court coordinator."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf"With regard to support personnel of the court, the district court of Hardin County is entitled only to the services of the district clerk . . . and official shorthand reporter."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Could the commissioners court provide secretarial help?
Yes, in its discretion, but that did not let the district judge compel creation of a coordinator position.
"We note that the commissioners court may in its discretion provide 'adequate secretarial personnel' to a district officer."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Background and statutory framework
Hardin County was required to have a county auditor, and its district judge or judges set the auditor's salary.
"Article 1645, V.T.C.S., requires the appointment of a county auditor in Hardin County."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf"The district judge or judges of the county determine the salary to be paid to the county auditor."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
The opinion presumed that the auditor had made a proper application for the requested raise.
"We presume that the county auditor has made proper application for any such raise."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Holding
"A district judge is empowered to increase the salaries of assistants in the county auditor's office at any time during a budget year. A district judge may not appoint a court coordinator."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Citations and references
Statutes discussed by JM-49:
- "article 1645, V.T.C.S." Official PDF
- "article 1650, V.T.C.S." Official PDF
- "article 3912k, V.T.C.S." Official PDF
- "article 689a-20, V.T.C.S." Official PDF
- "article 1918a, V.T.C.S." Official PDF
- "article 3912l, V.T.C.S." Official PDF
Cases cited by JM-49:
- "Southland Ice Company v. City of Temple, 100 F.2d 825 (5th Cir. 1939)" Official PDF
- "Neptune v. Renfro, 586 S.W.2d 596 (Tex. Civ. App. - Austin 1979, no writ)" Official PDF
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0049
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0049.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
July 28, 1983
Honorable Britt Plunk
Hardin County Attorney
P. O. Box 516
Kountze, Texas 77625
Opinion No. JM-49
Re: Whether district judge may raise salaries of county auditor's deputies at any time during the year and whether district judge may appoint court coordinator and set salary in absence of statutory authority
Dear Mr. Plunk:
You have asked whether the district judge of Hardin County may direct the commissioners court to raise the salaries paid to assistants in the county auditor's office at any time during the course of the county's budget year. We presume that the county auditor has made proper application for any such raise. V.T.C.S. art. 1650.
Article 1645, V.T.C.S., requires the appointment of a county auditor in Hardin County. The district judge or judges of the county determine the salary to be paid to the county auditor. This salary of the auditor may be increased during the course of the budget year. Attorney General Opinion H-1266 (1978). See Attorney General Opinion M-678 (1970). The authority to hire and compensate assistants and deputies in the county auditor's office is contained in article 1650, V.T.C.S. This statute provides that the auditor shall apply "at any time" to the district judge for the appointment of named assistants and the salaries requested to be paid to them. The district judge is required to consider the appointment request from the auditor and upon approving such appointments and salaries the judge is required to:
prepare a list of the appointees so approved and the salaries to be paid each and certify said list to the Commissioners Court of said county. The Commissioners Court shall thereupon order the amount paid from the General Fund of said county upon the performance of the services; and said Court shall appropriate adequate funds for the purpose.
V.T.C.S. art. 1650.
Article 1650 does not require that these appointments be made only once during the year and the compensation fixed for the entire budget year but it does state that the district judge "shall annually have the right to withdraw such consent and change the number of assistants permitted." It is our opinion that the district judge may, during the course of the budget year, direct a change in the county budget which increases the salaries of the assistants in the county auditor's office. Such change may be made: (1) upon a proper application made by the auditor to the district court; (2) only if such action does not require county expenditures in excess of anticipated revenue of the county for that year; and (3) only if amendment of the county budget is made in compliance with law. Attorney General Opinion O-284 (1939). See Attorney General Opinions MW-169 (1980); H-1238 (1978); H-314 (1974); H-11 (1973); V.T.C.S. arts. 3912k, 689a-20; Southland Ice Company v. City of Temple, 100 F.2d 825 (5th Cir. 1939); Neptune v. Renfro, 586 S.W.2d 596 (Tex. Civ. App. - Austin 1979, no writ).
Your second question concerns the appointment of a court coordinator for the district court. You ask whether the district judge may appoint such a person and direct the commissioners court to pay a specified salary. We find no authority for the district judge to unilaterally create such position and compel the county commissioners court to pay the specified salary. Only those district courts in counties with a population of over 700,000 which hear primarily criminal matters are authorized to establish and maintain a court coordinator. V.T.C.S. art. 1918a. See Attorney General Opinion MW-315 (1981). The appointment and salary of such court coordinator is determined by the district judges. See also V.T.C.S. arts. 1934b (court administrator for county courts at law); 1934c (court manager and coordinator in counties of 2,000,000 in population). With regard to support personnel of the court, the district court of Hardin County is entitled only to the services of the district clerk, article 199(88), section 10, and official shorthand reporter, id. section 12. We note that the commissioners court may in its discretion provide "adequate secretarial personnel" to a district officer. V.T.C.S. art. 3912l. However, in the absence of any statutory authority the district judge may not unilaterally appoint and set the salary for a court coordinator.
SUMMARY
A district judge is empowered to increase the salaries of assistants in the county auditor's office at any time during a budget year. A district judge may not appoint a court coordinator.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
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