Texas Attorney General Opinion: LO92-002 Page: 1 of 2
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Office of the attorneyp @enera
estate of Texas
March 3, 1992Honorable Terry D. McEachern
District Attorney
64th and 242nd Judicial Districts
Hale County Courthouse
Plainview, Texas 79072Opinion No. LO92-002
Re: Whether the five percent increase
limitation on the salaries of assistant
county auditors imposed by Local Gov-
ernment Code section 111.013 applies
to the amount budgeted from one fiscal
year to the next or to the amount of
salary actually paid (RQ-272)Dear Mr. McEachern,
You have requested an opinion from this office concerning the construction
of Local Government Code section 111.013. The text of that provision states:
An increase from one fiscal year to the next in the amount
budgeted for expenses of the the county auditor's office or the salary
of an assistant auditor shall not exceed five (5) percent without
approval of the commissioners court. (Emphasis added.)
You ask whether the five percent increase limitation imposed by this section is
applicable to an increase in the amount budgeted for the assistant auditor's salary or
to an increase in the actual salary paid to the official. In the circumstances
prompting your request, the salary amount budgeted for the new fiscal year is the
same as that budgeted for the prior year; however, it is more than five percent
greater than the amount actually paid to the assistant auditor in the prior year.
We believe the language of the statute is unambiguous on this point. The
five percent limitation on increases in salary applies to the amount budgeted for the
position from one fiscal year to the next. If the amount budgeted for the salary ofDAN MORALES
ATTORNEY GENERAL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO92-002, text, March 3, 1992; (https://texashistory.unt.edu/ark:/67531/metapth276332/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.