Texas Attorney General Opinion: JM-1138 Page: 4 of 5
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Honorable Daniel W. Leedy - Page 4 (JM-1138)
without compromising the court's integrity by
calling the situations an 'emergency.'
H.B. 1077 would allow counties 225,000 or
less population to amend the budget to
transfer funds from one line item to another
without authorizing an emergency expenditure.
The current salary of the county court-at-law judge is
a budgeted item. House Bill 1077 (subsection (d) of section
111.010) grants the commissioners court authority to trans-
fer money from an amount budgeted for one item to another
budgeted item without a finding that an emergency exists.
If there are not sufficient funds in any other budgeted
item to enable the required transfer, we are of the opinion
that the county court-at-law judge's claim for additional
salary (effective September 1, 1989) resulting from the
action of the 71st Legislature may be included in next
year's budget and paid following the adoption of the budget.
See 35 D. Brooks, County and Special District Law, 15.8
(Texas Practice 1989).
SUM MARY
The salary increase for the judge of the
county court-at-law of Austin County is by
mandate of the legislature resulting from a
raise in salary of the district judge in that
county and is effective September 1, 1989.
The commissioners court may amend the budget
to transfer an amount from another budgeted
item to effect the claim for such additional
salary. In the event sufficient funds are
not available in the budget to effect a
transfer to satisfy the claim, the amount may
be included in next year's budget and paid
after adoption of the budget.
Ve truly yos
J IM MAT TO X
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney Generalp. 6000
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1138, text, February 1, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273576/m1/4/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.