Texas Attorney General Opinion: LO97-090 Page: 2 of 6
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The Honorable Michael J. Guarino - Page 2
The salaries of adult probation department employees are paid by the judicial districts served
by the department. Gov't Code 76.006(b). Part of a department's funding comes from the state
by way of the Community Justice Assistance Division of the Texas Department of Criminal Justice.
Id. 493.003(a). Departments are also funded in part from fees assessed to persons placed in pretrial
intervention programs. See Code Crim. Proc. art. 102.012.2 The county or counties served by a
department are required to provide the department with physical facilities, equipment, and utilities,
Gov't Code 76.008, and the district judge or judges may expend district funds for these purposes
under certain circumstances, id. 76.009(a). A department may also accept public funds and grants
and gifts from any source for the purpose of financing programs and facilities. Id. 76.007. The
Local Government Code requires an adult probation department to prepare its own budget every
fiscal year and submit it to the commissioners court before it is finalized, but we find no provision
giving the commissioners court authority to approve, reject, or amend the budget, which is not
supported with county funds. See Local Gov't Code 140.004.
Prior to September 1, 1978, although employee salaries were set by the district judges, adult
probation departments were operated with county funds. See Commissioners Court of Lubbock
County v. Martin, 471 S.W.2d 100, 107 (Tex. Civ. App.--Amarillo 1971, writ ref'd n.r.e.). Senate
Bill 39, enacted by the Sixty-fifth Legislature, created the Texas Adult Probation Commission and
provided for adult probation departments to be funded by the state. Act of May 27, 1977, 65th Leg.,
R.S., ch. 343, 1977 Tex. Gen. Laws 910, 910; see also Attorney General Opinion H-1218 (1978)
(discussing legislative history of S.B. 39). At the same time, the legislature provided with respect
to department employees:
Personnel of the respective district probation departments shall not be
deemed state employees and the responsible judge or judges of a district
probation department shall negotiate a contract with the most populous
county within the judicial district for all district probation department staff
to participate in that county's group insurance program; retirement plan; and
personnel policies with regard to vacation credit, sick leave credit, holiday
schedule, credit union, jury leave, military leave, etc....
2The fee is collected by the county and deposited in a special fund in the county treasury for use by the
department. Id. art. 103.004(b).
3A community supervision and corrections department is a "specialized local entity" which must deposit any
funds it receives into the county treasury, and the county must "hold, deposit, disburse, invest, and otherwise care for
the funds on behalf of the specialized local entity as the entity directs." Local Gov't Code 140.003;.see Attorney
General Opinion DM-257 (1993) at 4.(L097-090)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-090, text, October 10, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277272/m1/2/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.