Untitled Texas Attorney General Opinion
GA-0952
Tex. Att'y Gen.Jul 2, 2012Background
- AG Abbott issued GA-0952 (June 18, 2012) answering Van Zandt County questions on the official court reporter salary and full/part-time status.
- Question 1: who has final authority to set the Van Zandt County Court at Law official court reporter's salary.
- Question 2: who decides whether the reporter position is full- or part-time.
- Statute at issue: Gov't Code § 25.2362(g) requires the judge to set the salary with the commissioners court's approval.
- Statutory scheme varies by county; Van Zandt County provides a collaborative process rather than unilateral control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who has ultimate authority to set the salary? | Commissioners approve salary under §25.2362(g) as ultimate control. | Judge sets salary with commissioners' approval; neither has exclusive unilateral authority. | Neither party has exclusive authority; salary must reflect collaboration and reasonable amount. |
| Who determines whether the reporter is full- or part-time? | Hours are a matter for the appointing judge; reporters serve as needed. | Hours controlled by judge; commissioners cannot restrict hours. | Judge controls hours; commissioners lack authority to limit reporter hours. |
| Is the salary necessarily a fixed/unilateral amount or must it be reasonable under the statute? | Court would construe entitlement to a reasonable salary. | Salary must be set with some level of approval but not unilateral by either party. | A reviewing court would likely require a reasonable salary despite collaborative process. |
Key Cases Cited
- Vitopil v. Ware, 280 S.W.2d 378 (Tex. Civ. App.-Waco 1955) (approval of salary grants discretionary authority to withhold)
- Vondy v. Comm’rs Court of Uvalde Cnty., 620 S.W.2d 104 (Tex. 1981) (salaried position entails entitlement to a reasonable salary)
- Duncan v. Pogue, 759 S.W.2d 435 (Tex. 1988) (commissioners court approval considerations for salary actions)
- Comm’rs Court of Caldwell Cnty. v. Criminal Dist. Attorney, 690 S.W.2d 932 (Tex. App.-Austin 1985) (commissioners court authority to adjust salaries in budgeting context)
- Comm’rs Court of Lubbock Cnty. v. Martin, 471 S.W.2d 100 (Tex. Civ. App.-Amarillo 1971) (salary of personnel tied to budgeting and statutory framework)