CHAPTER 151. COUNTY EMPLOYMENT AUTHORITY - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 151. COUNTY EMPLOYMENT AUTHORITY

SUBCHAPTER A. GENERAL EMPLOYMENT AUTHORITY

Sec. 151.001. OFFICER APPLIES TO COMMISSIONERS COURT FOR

AUTHORITY TO APPOINT EMPLOYEES. (a) A district, county, or

precinct officer who requires the services of deputies,

assistants, or clerks in the performance of the officer's duties

shall apply to the commissioners court of the county in which the

officer serves for the authority to appoint the employees. If the

county has a population of more than 190,000, the officer shall

apply for the authority to appoint any other kinds of employees.

(b) The application must be sworn and must state:

(1) the number of employees required;

(2) the title of the positions to be filled; and

(3) the amounts to be paid the employees.

(c) If the application is made in a county with a population of

more than 190,000, it must also describe the duties to be

performed by the employees.

(d) The application must be accompanied by a statement of the

probable receipts from fees, commissions, and compensation to be

collected by the office during the fiscal year and the probable

disbursements, including salaries and expenses, of the office.

(e) This section does not apply to a district attorney or

criminal district attorney in a county with a population of more

than 190,000.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 151.002. COMMISSIONERS COURT ADOPTS ORDER AUTHORIZING

APPOINTMENT OF EMPLOYEES. After the receipt of an application

under this subchapter, the commissioners court by order shall

determine the number of employees that may be appointed and shall

authorize their appointment.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 151.003. OFFICERS MAKE APPOINTMENTS. After the entry of

the commissioners court's order, the officer applying for the

employees may appoint them.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 151.004. COMMISSIONERS COURT MAY NOT INFLUENCE APPOINTMENT.

The commissioners court or a member of the court may not attempt

to influence the appointment of any person to an employee

position authorized by the court under this subchapter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 151.901. EMPLOYMENT OF SECRETARIAL PERSONNEL. The

commissioners court of a county may enter an order to employ and

provide compensation for secretarial personnel for a district,

county, or precinct officer if the court determines that the

financial condition of the county and the staff needs of the

officer justify doing so.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 151.903. PERSONNEL AND PAYROLL RECORDS IN COUNTY WITH

POPULATION OF 500,000 OR MORE. (a) In a county with a

population of 500,000 or more, the officer employing a person

shall, in addition to other requirements of law, file a personnel

record about the person if the person is paid in whole or in part

from funds of the county or of a flood control district located

entirely in the county and the person is employed as:

(1) a deputy, an assistant, or any other employee of the county,

or of the flood control district, who works under the

commissioners court or its appointee; or

(2) a deputy or an assistant appointed under Subchapter A by a

county or district officer.

(b) The personnel record shall be filed when the person is

employed and must contain the following information: date of

employment, rate of compensation, nature of employment, business

or personal history, education, race, sex, age, place and date of

birth, previous experience, and any other information essential

to the keeping of proper personnel records.

(c) Each county officer or department head under whom the

persons described by Subsection (a) are employed shall file a

signed and sworn payroll at the close of the month, or more often

if authorized or required by law. The payroll must state the name

of each employee and show the employee's dates and hours of work,

rate of compensation, and amount due for the current pay period.

In the case of engineers and employees in the field engaged in

road, flood control, or construction work, a signed report must

accompany the payroll stating the nature, dates, and location of

the work performed and containing any other information that may

be needed for statistical or accounting purposes.

(d) The county auditor shall prescribe the forms and systems,

including a system of personnel and equipment records, necessary

to carry out this section. The county auditor may enforce any

rules adopted under this section. If a person fails to file

records or furnish essential information as required under this

section, the county auditor or the county treasurer may withhold

the payment of salaries until the records are filed or

information is furnished as required. In addition, the county

auditor may assemble statistics and make recommendations that may

be included in the county auditor's annual report required by

law.

(e) A form adopted under this section is subject to the approval

of the county auditor.

(f) In a county with a chief personnel officer, the

commissioners court may designate the chief personnel officer or

the county auditor to approve personnel forms.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 328, Sec. 1, eff. May 26,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

934, Sec. 6, eff. September 1, 2007.