Untitled Texas Attorney General Opinion
KP-0052
| Tex. Att'y Gen. | Jul 2, 2015Background
- Webb County adopted its 2014–2015 budget under Local Government Code subchapter B; afterward the commissioners court issued standing orders requiring automatic reductions to salary line items when positions are vacated and refilled.
- The standing policy reduces a vacated position’s salary to a lower preset starting point and effects an automatic line-item transfer without further affirmative commissioners court action.
- After the 406th District Court coordinator retired, the district judge rehired a coordinator and requested pay at the budgeted level; county administrative services refused under the standing policy, though the commissioners court later agreed to pay the budgeted amount for the remainder of the fiscal year.
- Chapter 111 requires county spending to follow the adopted budget and permits only limited post-adoption amendments (emergencies and authorized transfers).
- Some salaries and employee compensation are governed by specific statutes that can limit a commissioners court’s general budgetary authority.
- Government Code § 74.104 requires a judge to determine reasonable compensation for a court coordinator, subject to commissioners court approval and budget funding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a commissioners court may adopt a standing order that automatically reduces a position’s salary upon vacancy and refilling without further court action | Commissioners court has broad budgetary discretion and may adopt standing policies to transfer funds and reduce salaries | Chapter 111 and budget rules limit post-adoption reductions; specific statutes may constrain commissioners court authority | Chapter 111 does not categorically prohibit automatic standing orders to transfer funds upon vacancy, but implementation depends on circumstances and applicable law |
| Whether the standing-order automatic reduction may be applied to a court coordinator under Gov’t Code § 74.104 | The commissioners court may apply its standing budget policy to all county positions, including court coordinators | § 74.104 vests judges with the authority to determine reasonable compensation for court coordinators; commissioners court approval and budget funding follow—so commissioners court cannot unilaterally and automatically reduce pay | § 74.104 prohibits automatic reduction of a court coordinator’s salary by standing commissioners court policy without a judge’s determination of reasonable compensation |
Key Cases Cited
- City of San Antonio v. City of Boerne, 111 S.W.3d 22 (Tex. 2003) (commissioners court has only powers granted by constitution or statute; implication of necessary powers)
- Griffin v. Birkman, 266 S.W.3d 189 (Tex. App.—Austin 2008) (commissioners court has broad discretion in budgetary decisions)
- Gattis v. Duty, 349 S.W.3d 193 (Tex. App.—Austin 2011) (upholding reduction of a salary by transfer in particular circumstances)
- Guerra v. Rodriguez, 239 S.W.2d 915 (Tex. Civ. App.—San Antonio 1951) (commissioners court may not delegate powers requiring judgment and discretion)