Texas Attorney General Opinion: LO94-034 Page: 1 of 2
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office of the attorney general
btate of exas
DAN MORALES March 29, 1994
ATTORNEY GENERAL
Honorable Nathan B. Rheinlander Letter Opinion No. 94-034
Office of County Attorney
Comal County Re: Whether a salary grievance committee
150 North Seguin, Suite 318 established under chapter 152 of the Local
New Braunfels, Texas 78130-5113 Govermnent Code is authorized to hear a
justice of the peace's grievance concerning
an "auto allowance" (ID# 22241)
Dear Mr. Rheinlander:
You have requested an opinion regarding whether a salary grievance committee
established under subchapter B of chapter 152 of the Local Government Code is
authorized to hear a justice of the peace's grievance concerning an "auto allowance."
Section 152.013 of the Local Government Code provides that each year "the
commissioners court shall set the salary, expenses, and other allowances of elected
county or precinct officers" at a regular meeting of the court.2 Local Govt Code
152.013(a) (emphasis added). Before filing the annual budget with the county clerk, the
commissioners court is required to give "written notice to each elected county and
precinct officer of the officers salary and personal expenses to be included in the budget."
Id. 152.013(c) (emphasis added). Section 152.016 of the Local Government Code
provides that 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." Id. 152.016(a) (emphasis added). Subsection (d) of that provision states
that 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." Id. 152.016(d) (emphasis
added).
Section 152.013 authorizes the commissioners court of a county to set the salary,
expenses, and other allowances of elected county or precinct officers. Section 152.016,
however, limits the authority of a salary grievance committee to consideration of increases
in salaries or personal expenses, and does not give the grievance committee jurisdiction
ISubchapter B does not apply to a judge of a court of record. Local Gov't Code 152.017(1). A
justice of the peace is not a judge of a court of record. Ex parte Hayden, 215 S.W.2d 620 (Tex. Crim.
App. 1948).
2Section 152.011 of the Local Government Code provides that "[t]he 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."
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO94-034, text, March 28, 1994; (https://texashistory.unt.edu/ark:/67531/metapth276423/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.