Texas Attorney General Opinion: LO90-32 Page: 1 of 2
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THE ATTORNEY GvENERAL
OF TEXAS
Jinx ATTrox
ATTORNEY GENERAL June 1, 1990
Honorable Dan Meehan
Fannin District & County Attorney
Fannin County Courthouse
Bonham, Texas 75418 LO-90-32
Dear Mr. Meehan:
You ask the following question:
Is the County Auditor authorized to accept
a salary supplement for the administration of
State and Federal Grant Programs when that
supplement raises the auditor's salary higher
than that of the county tax assessor-
collector?
Section 152.032 of the Local Government Code, as
adopted by the 70th Legislature, states that the salary of a
county auditor may not exceed the salary paid to the county
tax assessor-collector. Acts 1987, 70th Leg., ch. 149, at
929; See piso 152.031 - 152.035 (dealing with salary of
auditor). Section 152.031 was derived from former article
1645, V.T.C.S., which was repealed in 1987 by the act that
adopted the Local Government Code. Acts 1987, 70th Leg.,
ch. 149, at 707. The 70th Legislature also adopted a bill
amending article 1645 to provide that in counties with a
population of 10,000 or more, the amount of compensation and
allowances paid to the county auditor should not exceed "an
amount equal to the compensation and allowances received
from all sources by the highest paid elected county officer,
other than a judge of a statutory county court, whose salary
and allowances are set by the Commissioners Court." Acts
1987, 70th Leg., ch. 57, i1, at 155. The repeal of a
statute by a code does not affect an amendment of the
statute by the same legislature that enacted the code.
Gov't Code 5 311.031(c). The amendment is preserved and
given effect as part of the code provision. jd. Therefore,
since the population of Fannin County exceeds 10,000, the
salary of the county auditor may exceed the salary of the
county tax assessor-collector as long as the auditor's
salary and allowances do not exceed the salary andm:E ME,.2l." ('I:RiT II'ILIIN G
:12s l(a3u - o14n 41)
AI'...TIN' TEXAM 7,711- , 4
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO90-32, text, June 1, 1990; (https://texashistory.unt.edu/ark:/67531/metapth276919/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.