Texas Attorney General Opinion: LO94-004 Page: 1 of 2
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Office of the Attornep Eeneral
btate of texas
DAN MORALES
ATTORNEY GENERAL January 21, 1994
Honorable Roy W. Wiesner Letter Opinion No. 94-004
Waller County Auditor
836 Austin Street, Suite 221 Re: Procedure for setting annual salaries of
Hempstead, Texas 77445 elected county officials (ID# 23532)
Dear Mr. Wiesner:
You ask whether the elected county officials of Waller County are entitled to a
three percent across-the-board salary increase adopted under the following circumstances:
On September 22, 1993, when the Waller County
Commissioners Court approved the 1994 budget, a motion was made
and adopted, to give "a 3% raise across the board for all County
Employees." ...
The proposed budget available for review by the public did not
contain a proposed pay increase for the elected officials.
Section 152.013 of the Local Government Code establishes procedures for setting
the salary, expenses, and other allowances of elected county and precinct officers. The
commissioners court is to set officers' salaries at a regular meeting of the court during the
regular annual budget hearing and adoption proceedings, after giving notice as required by
152.013(b) of the Local Government Code:
(b) Before the 10th day before the date of the meeting, the
commissioners court must publish in a newspaper of general
circulation in the county a notice of:
(1) any salaries, expenses, or allowances that are proposed
to be increased; and
(2) the amount of the proposed increases.
We assume that the commissioners court intended the "3% raise across the board for all
County Employees" to apply to elected county and precinct officers.
In Attorney General Opinion MW-516 this office addressed a similar situation
arising under section 2(a) of former article 39121k, V.T.C.S., the predecessor of Local
Government Code section 152.013. The Fort Bend County Commissioners Court had
approved a budget providing salary increases for county officers, even though the notice
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO94-004, text, January 21, 1994; (https://texashistory.unt.edu/ark:/67531/metapth276393/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.