Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
GERALD C. MANN
.,-on*” ..“8mAL
January c, 1~3~
iion.J. 0. Looney
County Auditor, bowie Gouhty
Boaton, 'kexes
uear Mr. Looney:
cry warrants ror
uht tnah speciriea
Your letter essea to rorrnerAttor-
ney lieneralWllliaQ rea to the writer by Attor-
ney cieneraluerald
8 (iouhtyAuditor you
would nave eutho y varrents ror any mount more
oudget, lr the new Gouhty
prove a 13~ reduction of sale-
writer you nad in mind aectioh
or the Forty-second Legislature
reads a8 rollows:
et has been finally approved
therewith, and no expenditure ox the runds or
the- county sna.~ltnerearter be made except in strict
compliance with the cudget as adopted by the Gourt.
Except met emergency expenaitures, in case or grave
public necessity, to meet unusual and unforeseen
.
. -
Hon. J. U. ~oonay, J snuary 6, 19.iY,Page 2
conaltions wdich OUU~U not by reasonably diligent
thought and attention, have been included in the
original budget, may from time to time be authori-
zed by the iourt as amendments to the original bud-
get. In all cases where such amendments to the orig-
inal budget is made, a copy of the order of the Court
amending the budget shall be filed with the Clerk of
the County Court, and attached to the budget originally
adopted.*
Also, you doubtlees considered your res_ponsibilityas
County Auditor under the provisions of Art. 1666, R.C.S. 1925.
I direct your attention to Section 20-e of said section
12 of the General Laws of 1931, supra;:
"Nothing contained in this Act shall be construed
as precluding the Legislature from making changes in the
budget for State purposes or prevent the County Commis-
sioners' Court from making changes in the budget for
county purposes or prevent the governing body of any
incorporated city or town from making changes in the bud-
get for city purposes, or prevent the trustees or other
school governing body from making changes in the budget
for school purposes; and the duties required by virtue
of this Act of State, County, City, and School Officers
or Representatives shall be performed for the ccmpensa-
tion now provided by law to be paid said officersrespect-
ively."
It has also been..heldby the Courts where the Commissioners*
Court has power to fix the compensation of an officer, it may change
the amount at any time, even during his term of office. See 34 Tex.
Jur 527 and cases cited.
You are accordingly advised that if the new Commissioners'
Court properly passes orders changing the salaries of County Officers
and their deputies, keeping within the statutory limits, it is our
opinion you should approve the salary warrants; this despite the bud-
get provisions fixed by the Court.
Trusting the above satisfactori~lyanswers your inquiry, I am
Yours respectfully
(S) aenjemin bioouall
HY
APL'KUVU: aenjaininvvoodall
\cijuA c. MANN Assistant
ATTORNEY GENERAL OF TEXA5
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