LOCAL GOVERNMENT CODE
TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES
CHAPTER 152. AMOUNT OF COMPENSATION, EXPENSES, AND ALLOWANCES OF
COUNTY OFFICERS AND EMPLOYEES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 152.001. FUNDS FROM WHICH AMOUNTS ARE PAID. Unless
otherwise provided by law, the compensation, expenses, and
allowances set under this code for a district, county, or
precinct officer or employee may be paid from the general fund of
the county in which the officer or employee serves or from any
other funds that are available for that purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.002. SALARY DONATION TO COUNTY. The county may accept
from an elected county or precinct officer a gift or donation of
all or part of the salary paid by the county to the officer. The
county treasurer shall deposit a gift or donation accepted under
this section in the general fund of the county.
Added by Acts 1989, 71st Leg., ch. 1259, Sec. 1, eff. June 18,
1989.
SUBCHAPTER B. AMOUNT OF COMPENSATION, EXPENSES, AND ALLOWANCES
GENERALLY APPLICABLE
Sec. 152.011. AMOUNT SET BY COMMISSIONERS COURT. The
commissioners court of a county shall set the amount of the
compensation, office and travel expenses, and all other
allowances for county and precinct officers and employees who are
paid wholly from county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.012. MINIMUM AMOUNT OF SALARY. The commissioners court
may not set the salary of an officer or employee at an amount
less than the amount of the salary in effect on January 1, 1972.
The court may not set the salary of a justice of the peace at an
amount less than the amount of the salary in effect on May 25,
1973.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.013. PROCEDURE FOR SETTING AMOUNTS FOR ELECTED
OFFICERS. (a) Each year the commissioners court shall set the
salary, expenses, and other allowances of elected county or
precinct officers. The commissioners court shall set the items at
a regular meeting of the court during the regular budget hearing
and adoption proceedings.
(b) Before the 10th day before the date of the meeting, the
commissioners court must publish in a newspaper of general
circulation in the county a notice of:
(1) any salaries, expenses, or allowances that are proposed to
be increased; and
(2) the amount of the proposed increases.
(c) Before filing the annual budget with the county clerk, the
commissioners court shall give written notice to each elected
county and precinct officer of the officer's salary and personal
expenses to be included in the budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.014. SALARY GRIEVANCE COMMITTEE. (a) In each county
there is a salary grievance committee composed of the county
judge and:
(1) the sheriff, county tax assessor-collector, county
treasurer, county clerk, district clerk, county attorney or
criminal district attorney, and the number of public members
necessary to provide nine voting members; or
(2) nine public members, if the commissioners court votes to
have nine public members.
(b) The county judge is chairman of the committee, but is not
entitled to vote.
(c) Public members must be residents of the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 326, Sec. 1, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 131, Sec. 1, eff. Jan. 1, 2004.
Sec. 152.015. SELECTION AND TERM OF PUBLIC MEMBERS ON GRIEVANCE
COMMITTEE. (a) The public members of the salary grievance
committee shall be selected at a meeting of the court at any time
during the year, but not later than the 15th day after the date a
request for a hearing is received under Section 152.016(a). If a
request for a public hearing is not received, the commissioners
court is not required to select public members.
(b) Before the meeting, the county clerk shall place on a
separate slip the name of each person who served on a grand jury
in the county during the preceding calendar year. At the meeting
the slips shall be folded, placed in an appropriate container,
and mixed. The county judge shall draw at random a number of
slips equal to the number of public members needed for the
committee and shall announce the names on the slips. At the
meeting the county judge may repeat this process and make a list
of alternates. A person whose name is drawn becomes a member of
the committee or an alternate on submitting written acceptance to
the clerk. If a person refuses or is unable to serve on the
committee, a replacement shall be appointed from the list of
alternates. If the list of alternates is exhausted or does not
exist, a replacement shall be selected at the next regular or
called commissioners court meeting by random selection of a slip
from the remaining slips. This process shall be repeated until
the required number of public members is selected.
(c) A public member serves until the later of:
(1) the end of the fiscal year in which the public member is
appointed; or
(2) the time the committee takes a final vote on the last of the
grievances for which the committee held a public hearing.
(d) A vacancy in a public member position shall be filled for
the unexpired part of the term by appointment from the list of
alternates. If the list of alternates is exhausted or does not
exist, a replacement shall be filled by random selection of a
slip from the remaining slips at a meeting of the commissioners
court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 326, Sec. 2, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 131, Sec. 2, eff. Jan. 1, 2004;
Acts 2003, 78th Leg., ch. 1021, Sec. 1, eff. Sept. 1, 2003.
Sec. 152.016. FUNCTIONS OF GRIEVANCE COMMITTEE IN RELATION TO
ELECTED OFFICERS. (a) An elected county or precinct officer who
is aggrieved by the setting of the officer's salary or personal
expenses may request a hearing before the salary grievance
committee before the approval of the county's annual budget. The
request must:
(1) be in writing;
(2) be delivered to the committee chairman within five days
after the date the officer receives notice of the salary or
personal expenses; and
(3) state the desired change in salary or personal expenses.
(b) The committee shall hold a public hearing not later than the
later of the 10th day after:
(1) the date the request is received; or
(2) the date the commissioners court selects the public members
of the committee.
(b-1) The chairman shall announce the time and place of the
hearing.
(c) If, after the hearing, six or more of the members vote to
recommend an increase in the officer's salary or personal
expenses, the committee shall submit its recommendation to the
commissioners court in writing. If six to eight members vote to
recommend the increase, the commissioners court shall consider
the recommendation at its next meeting. If nine members vote to
recommend the increase and sign the recommendation, the
commissioners court shall include the increase in the budget
before the budget is filed and the increase takes effect in the
next budget year.
(d) The committee's authority is limited to the consideration of
increases in the salaries or personal expenses of county and
precinct officers. The committee may not set policy of the county
or add new items to a proposed county budget.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 326, Sec. 3, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 131, Sec. 3, eff. Jan. 1, 2004.
Sec. 152.0165. EXHAUSTION OF REMEDIES BEFORE FILING SUIT
REGARDING GRIEVANCE. (a) An elected county or precinct officer
may not file suit regarding the officer's salary or personal
expenses unless a hearing has been requested and held under
Section 152.016.
(b) This section does not affect a defense, immunity, or
jurisdictional bar available to a county or a county official or
employee that is sued by a county or precinct officer based on
the officer's salary, office and travel expenses, or other
allowances.
Added by Acts 2003, 78th Leg., ch. 439, Sec. 1, eff. Sept. 1,
2003.
Sec. 152.017. EXCEPTIONS. This subchapter does not apply to:
(1) a judge of a court of record;
(2) a presiding judge of a commissioners court in a county with
a population of 2.5 million or more;
(3) a district attorney paid wholly by state funds or the
district attorney's assistants, investigators, or other
employees;
(4) a county auditor, county purchasing agent, or the auditor's
or purchasing agent's assistants or other employees; or
(5) a person employed under Section 10, Article 42.12, Code of
Criminal Procedure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 89, eff. Sept. 1,
1991.
Sec. 152.018. FORMER PROCEDURES NOT AFFECTED. This subchapter
does not affect a lawful procedure or delegation of authority
established before January 1, 1972, for setting the salary of a
county or precinct employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. AMOUNT OF COMPENSATION AND EXPENSES OF COUNTY
AUDITOR AND ASSISTANTS
Sec. 152.031. COUNTY AUDITOR'S SALARY. (a) At a hearing held
in accordance with Section 152.905, the district judges
appointing the county auditor shall set, by a majority vote, the
auditor's annual salary as compensation for services and the
auditor's travel expenses and other allowances. The action of the
district judges must be taken by order and must be recorded as
prescribed by Section 152.905 and in the minutes of the district
court.
(b) The district clerk shall certify the order to the
commissioners court of the county for its observance. The
commissioners court shall cause the order to be recorded in its
minutes.
(c) The salary shall be paid to the county auditor by monthly
payments or by any other distribution at the option of the
county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 11(c), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1169, Sec. 2, eff. Aug. 28, 1989;
Acts 1991, 72nd Leg., ch. 874, Sec. 1, eff. June 16, 1991.
Sec. 152.032. LIMITATIONS ON COUNTY AUDITOR'S COMPENSATION AND
ALLOWANCES. (a) Except as provided by Subsections (b), (d), and
(e), the amount of the compensation and allowances of a county
auditor may not exceed the amount of 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.
(b) This subsection applies only to a county that employs an
arena venue project manager hired as of March 7, 2001, and that
has a population of less than 1.4 million in which a municipality
with a population of more than one million is located. The amount
of the compensation and allowances of a county auditor in a
county subject to this subsection may not exceed the amount of
the compensation and allowances received from all sources by the
county budget officer. If the county hires a county budget
officer at a salary lower than the salary of the previous county
budget officer, the county auditor's salary may not be reduced on
that basis.
(c) A county auditor who was in office on August 31, 1987, is
entitled to be paid an annual salary not less than the annual
salary the auditor was being paid on that date.
(d) The amount of the compensation and allowances of a county
auditor in a county subject to this subsection may be set in an
amount that exceeds the limit established by Subsection (a) if
the compensation and allowances are approved by the commissioners
court of the county. This subsection applies only to:
(1) a county with a population of more than 77,000 and less than
80,000;
(2) a county with a population of 120,000 or more, excluding a
county subject to Subsection (b);
(3) a county with a population of more than 1,000 and less than
21,000 that borders the Gulf of Mexico; and
(4) a county that borders a county subject to Subsection (b) and
that has a population of more than 50,000 and less than 85,000.
(e) This subsection applies only to a county with a population
of more than 800,000 that uses an automated system to enhance
internal controls of county finances through the use of automated
edit checks of its automated purchasing system and its
comprehensive automated payroll system. The amount of the
compensation and allowances of a county auditor in a county
governed by this subsection may exceed the limit imposed by
Subsection (a) if the compensation and allowances are approved by
the commissioners court. If a county is governed by this
subsection and Subsection (b), the amount of compensation and
allowances received by the county auditor may not exceed the
limit imposed by Subsection (b).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 11(c), eff. Aug. 28,
1989; Acts 2001, 77th Leg., ch. 665, Sec. 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 581, Sec. 1, eff. June 20, 2003; Acts
2003, 78th Leg., ch. 1225, Sec. 2, eff. July 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(64), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
728, Sec. 23.002(11), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
401, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
430, Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1260, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 15.004, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
623, Sec. 1, eff. June 19, 2009.
Sec. 152.034. SALARIES OF ASSISTANTS TO COUNTY AUDITOR. The
salaries of assistants to the county auditor are set in the
manner prescribed by Section 84.021.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.035. REIMBURSEMENT FOR MILEAGE EXPENSES. (a) The
commissioners court of a county may reimburse the county auditor
for expenses incurred in traveling to and from the county seat in
the auditor's personal automobile to perform official duties and
to attend conferences and seminars relating to the performance of
official duties. However, the commissioners court may not
reimburse the auditor for expenses incurred in traveling between
the auditor's personal residence and county office or for
expenses incurred in any other travel of a personal nature.
(b) The commissioners court of a county with a population of 3.3
million or more may reimburse an assistant of a county auditor
for the assistant's expenses that are the same kind as those for
which the county auditor may be reimbursed under Subsection (a).
(c) The commissioners court by order shall set the reimbursement
at a reasonable rate.
(d) Reimbursement shall be paid monthly on submission of a sworn
expense report by the person seeking the reimbursement.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 66, eff. Sept. 1,
2001.
SUBCHAPTER D. WITHHOLDING COMPENSATION OF OFFICER WHO ELECTS NOT
TO BE PAID
Sec. 152.051. DEFINITION. In this subchapter, "county payroll
officer" means the county auditor or other appropriate county
officer who issues paychecks to county or precinct personnel.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1259, Sec. 2, eff. June 18,
1989.
Sec. 152.052. DECISION TO REDUCE COMPENSATION OR NOT TO BE PAID.
(a) Within five days after the date an elected county or
precinct officer takes office, the officer shall file an
affidavit with the county payroll officer stating that the
officer elects not to be paid for the officer's services if,
during the person's campaign for election to the county or
precinct office, the person publicly advocated the abolition of
the office. The affidavit must include a statement by the officer
describing the method by which the officer intends to seek to
obtain the abolition of the office for which the officer was
elected and the date by which it is proposed to be accomplished.
(b) An elected county or precinct officer may, at any time,
reduce the amount of compensation set for that office by filing
with the county payroll officer an affidavit stating that the
officer elects to reduce the amount of compensation paid for the
officer's service to a specified amount. The reduction is
effective on the date the affidavit is filed, and the county
payroll officer shall issue any subsequent paychecks for the
officer accordingly.
(c) If an officer covered by Subsection (a) or any other elected
county or precinct officer files an affidavit with the county
payroll officer stating that the officer elects not to be paid
for the officer's services, the county payroll officer may not
issue a paycheck to the officer.
(d) After an affidavit under Subsection (a) of this section is
filed, the county payroll officer shall take measures to stop
payment of a paycheck that was issued to the officer before the
affidavit was filed and that has not been presented for payment.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1259, Sec. 3, eff. June 18,
1989.
Sec. 152.053. RECORD OF NONPAYMENT. The county payroll officer
shall make an entry in the payroll records of the county to show
each pay period for which the officer is not paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.054. RECOVERY OF PAYROLL TAXES. The county payroll
officer shall seek to recover for the county any payroll taxes
paid on the officer's compensation that is not paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER E. SPECIAL PROVISIONS APPLYING TO SHERIFFS DEPARTMENT
Sec. 152.071. CLASSIFICATION OF POSITIONS; SALARY SCHEDULE. (a)
In a county with a population of more than 75,000, the county
government shall classify all positions in its sheriff's
department and shall specify the duties and prescribe the salary
for each classification.
(a-1) A county government in a county that has a population of
more than 7,500, is located on an international boundary, and
contains no incorporated territory of a municipality may classify
all positions in its sheriff's department and may specify the
duties and prescribe the salary for each classification.
(b) A member of the sheriff's department who is required to
perform the duties of a particular classification is entitled to
be paid the salary prescribed for that position during the time
the member performs those duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 1225, Sec. 3, eff. July 1,
2003.
Sec. 152.072. PETITION TO INCREASE SALARIES. (a) The qualified
voters of a county with a population of more than 25,000 may
petition the commissioners court of the county to increase the
minimum salary of each member of the sheriff's department.
(a-1) The qualified voters of a county that has a population of
more than 7,500, is located on an international boundary, and
contains no incorporated territory of a municipality may petition
the commissioners court of the county to increase the minimum
salary of each member of the sheriff's department.
(b) A petition under this section must:
(1) state the amount of the proposed minimum salary for each
rank, pay grade, or classification;
(2) state the effective date of the proposed salary increase;
(3) designate five qualified voters to act as a committee of
petitioners authorized to negotiate with the commissioners court
under Subsection (g); and
(4) be signed by a number of qualified voters equal to at least
25 percent of the number of voters who voted in the most recent
countywide election for county officers.
(c) When a petition is filed under this section, the
commissioners court shall:
(1) adopt the proposed minimum salary stated in the petition;
(2) offer an alternative minimum salary proposal under
Subsection (g); or
(3) call an election on the proposed minimum salary as provided
by this section.
(d) If the commissioners court chooses to call an election, the
only issue that may be submitted regarding the salaries of
members of the sheriff's department is whether the proposed
minimum salary should be adopted. The election shall be held on
the first authorized uniform election date under Chapter 41,
Election Code:
(1) that occurs after the 65th day after the date the petition
was filed; and
(2) on which an election is scheduled to be held throughout the
county for other purposes.
(e) The ballot for the election shall be printed to provide for
voting for or against the proposition: "Adoption of the proposed
minimum salaries of _____________ for members of the Sheriff's
Department at an annual cost of ______________, which may or may
not cause an increase in the county ad valorem property tax." The
proposed salary for each rank, pay grade, or classification as
stated in the petition and the total annual cost of the increases
must be inserted in the blank spaces.
(f) If a majority of the votes cast at the election favor the
adoption of the proposed minimum salary, the minimum salary shall
take effect on or before the date specified in the petition as
the effective date. If the date on which the results of the
official canvass of the election returns are announced is after
the date specified in the petition as the effective date, the
minimum salary shall take effect beginning with the first full
pay period that begins after the date on which the election
results are canvassed.
(g) If the commissioners court chooses to offer an alternative
minimum salary proposal, the commissioners court shall confer
with the committee of petitioners designated in the petition and
offer the alternative salary proposal. If the committee accepts
the alternative salary proposal, the commissioners court is not
required to call an election.
(h) When an election has been held or an alternative salary
proposal has been accepted under this section, a petition for
another election under this section may not be filed until one
year has elapsed after the date the election was held or the
alternative salary proposal was accepted.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 808, Sec. 1, eff. Aug. 28,
1995; Acts 1997, 75th Leg., ch. 272, Sec. 1, eff. May 26, 1997;
Acts 2003, 78th Leg., ch. 1225, Sec. 4, eff. July 1, 2003.
Sec. 152.073. PENALTY. (a) A person who is a county official
and who is in charge of the sheriff's department or is
responsible for setting the compensation provided by Sections
152.071 and 152.072 commits an offense if the person violates
Section 152.071 or 152.072.
(b) An offense under this section is punishable by a fine of not
less than $10 or more than $100.
(c) Each day on which the county official causes or permits a
violation of this section to occur is a separate offense.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 808, Sec. 2, eff. Aug. 28,
1995.
Sec. 152.074. LONGEVITY PAY FOR COMMISSIONED DEPUTIES AND COUNTY
JAILERS. (a) In a county with a population of 150,000 or more,
the commissioners court of a county shall provide to each
commissioned deputy of the sheriff's department longevity pay in
an amount not less than $5 a month for each year of service in
the department, up to and including 25 years. Each commissioned
deputy is entitled to the longevity pay in addition to the
deputy's regular compensation.
(a-1) In a county with a population of 150,000 or more, the
commissioners court may provide to each county jailer of the
sheriff's department longevity pay in the amount provided to a
commissioned deputy under Subsection (a).
(a-2) A county government in a county that has a population of
more than 7,500, is located on an international boundary, and
contains no incorporated territory of a municipality may provide
longevity pay for each commissioned deputy of the sheriff's
department of not less than $5 a month for each year of service
in the department, up to and including 25 years. If longevity pay
is provided for, each commissioned deputy is entitled to the
longevity pay in addition to the deputy's regular compensation.
(b) The commissioners court shall begin providing the longevity
pay at the beginning of the first fiscal year after the date this
section becomes applicable to the county.
(c) In this section, "county jailer" has the meaning assigned by
Section 1701.001, Occupations Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2003, 78th Leg., ch. 505, Sec. 1, 2, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1225, Sec. 5, eff. July. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(65), eff. September 1, 2005.
Sec. 152.075. COMPENSATION FOR RESERVE DEPUTY SHERIFFS. (a)
The commissioners court of a county may compensate a reserve
deputy sheriff as provided by law for the compensation of a
deputy sheriff.
(b) The commissioners court may reimburse a reserve deputy
sheriff for reasonable and necessary expenses incurred in the
performance of official duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 152.901. TRAVEL EXPENSES FOR CERTAIN COUNTY AGENTS AND
BOARD MEMBERS. (a) The commissioners court of a county may
authorize the payment of reasonable travel expenses incurred by a
person who:
(1) is an agent of the county, or is a board or committee member
appointed by the commissioners court; and
(2) is not a county or precinct officer or employee whose travel
expenses may be set under Section 152.011.
(b) The travel expenses must be incurred by the person while
performing county business authorized by the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.902. COMPENSATION FOR RESERVE DEPUTY CONSTABLES. (a)
The commissioners court of a county may compensate a reserve
deputy constable as provided by law for the compensation of a
deputy constable.
(b) The commissioners court may reimburse a reserve deputy
constable for reasonable and necessary expenses incurred in the
performance of official duties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 152.903. COMPENSATION FOR INTERPRETERS EMPLOYED BY DISTRICT
COURTS. (a) Except as provided by Subsection (d), the
commissioners court of a county may set the compensation of
interpreters employed by the district courts in the county.
(b) The salary of an interpreter shall be paid on warrants
issued by the district court or the clerk of the court in favor
of the interpreter.
(c) The salary of an interpreter appointed under Subchapter B,
Chapter 21, Civil Practice and Remedies Code, is payable in equal
monthly payments or by any other distribution at the option of
the county.
(d) This section does not apply to interpreters for deaf or
deaf-mute persons appointed under Subchapter A, Chapter 21, Civil
Practice and Remedies Code, or Article 38.31, Code of Criminal
Procedure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 874, Sec. 2, eff. June 16,
1991.
Sec. 152.904. COMPENSATION OF COUNTY JUDGE IN CERTAIN COUNTIES.
(a) The county judge of Gregg County is entitled to receive an
annual salary set by the commissioners court at an amount that
does not exceed 90 percent of the total annual salary paid to any
district judge in the county.
(b) The county judge of El Paso County is entitled to receive an
annual salary in an amount not to exceed 90 percent of the total
annual salary, including supplements, paid to any district judge
in the county.
(c) The commissioners court of a county with a population of
250,000 to 251,000 shall set the annual salary of the county
judge at an amount equal to or greater than 90 percent of the
salary, including supplements, of any district judge in Galveston
County. However, the salary may not be set at an amount less than
the salary paid the county judge on May 2, 1962.
(d) The county judge of Webb County is entitled to receive a
salary set by the commissioners court at at least $20,000, but
not more than the salary, including any supplements, paid to a
district judge in the county. The salary shall be paid out of the
county treasury by order of the commissioners court and shall be
paid monthly in equal installments or by any other distribution
at the option of the county.
(e) The Commissioners Court of Harris County shall set the
annual salary of the county judge at an amount that is not less
than $1,000 more than the total annual salary received by county
criminal court at law judges in the county. The salary shall be
paid in 12 equal monthly installments.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 2, Sec. 8.11(d), eff. Aug.
28, 1989; Acts 1991, 72nd Leg., ch. 597, Sec. 90, eff. Sept. 1,
1991; Acts 1991, 72nd Leg., ch. 874, Sec. 3, eff. June 16, 1991;
Acts 2001, 77th Leg., ch. 669, Sec. 67, eff. Sept. 1, 2001.
Sec. 152.905. PROCEDURES FOR SETTING COMPENSATION BY DISTRICT
JUDGES. (a) This section applies only to the compensation of
the county auditor, assistant auditors, and court reporters.
(b) Before setting the amount of annual compensation of the
county auditor, assistant auditors, and court reporters, the
district judge or judges shall hold a public hearing on the
matter at which parties in interest and citizens have an
opportunity to be heard.
(c) Not earlier than the 30th or later than the 10th day before
the date of the hearing, notice of the time, place, and subject
of the hearing must be published in a newspaper of general
circulation in the county.
(d) At the hearing, the district judge or judges shall set the
amount of compensation of the county auditor, assistant auditors,
and court reporters considered at the hearing. The vote must be
recorded, transcribed, and maintained as a public record.
Added by Acts 1989, 71st Leg., ch. 1169, Sec. 1, eff. Aug. 28,
1989. Amended by Acts 2003, 78th Leg., ch. 1225, Sec. 1, eff.
July 1, 2003.
Sec. 152.906. LONGEVITY PAY FOR DEPUTY CONSTABLES. In a county
with a population of 190,000 or more, the commissioners court may
provide for each county employee or classification of county
employee, including, but not limited to, deputy constables,
longevity pay, in addition to regular compensation, of $5 a
month, or any other amount determined by the commissioners court,
for each year of service in the county, up to and including 30
years.
Added by Acts 1991, 72nd Leg., ch. 773, Sec. 1, eff. Aug. 26,
1991.
Sec. 152.907. CONTINUING EDUCATION EXPENSES FOR COUNTY AND
PRECINCT OFFICERS. The commissioners court of a county may
authorize payment of reasonable continuing education expenses
incurred by a county or precinct officer if the expenses are
related to the officer's official duties, including expenses
incurred by the officer between the general election at which the
officer is elected and the beginning of the officer's term of
office.
Added by Acts 1999, 76th Leg., ch. 980, Sec. 1, eff. June 18,
1999.