Texas Attorney General Opinion: LO97-075 Page: 1 of 3
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Office of the attorney 4enera
State of texas
DAN MORALES
ATTORNEY GENERAL August 20, 1997
The Honorable Jose R. Rodriguez Letter Opinion No. 97-075
El Paso County Attorney
500 East San Antonio, Room 203 Re: Compensation to be paid to El Paso County
El Paso, Texas 79901 Judge pursuant to Local Government Code section
152.904(b) (ID# 39469)
Dear Mr. Rodriguez:
You request advice on the compensation to be paid the county judge of El Paso County. The
commissioners court sets the salary of the county judge,' subject to section 152.904(b) of the Local
Government Code, which provides as follows: "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."2 You wish to know whether section
152.904(b) sets the salary for the El Paso County Judge at ninety percent of the total salary,
including supplements, of the district judges, or merely limits the discretion of the commissioners
court in setting the salary by providing a maximum that may not be exceeded.
You believe that section 152.904(b) establishes a maximum amount for the county judge's
salary at not more than ninety percent of a state district judge's salary, including supplements, and
does not require the commissioners court to pay the full amount. However, you are concerned that
the word "entitled" in this provision might be read to mean that the commissioners court must pay
the county judge exactly ninety percent of a district judge's salary, including supplements.
The predecessor of section 152.904(b) shows that the use of the word "entitled" is not
particularly significant. Prior to its recodification as subsection 152.904(b) of the Local Government'See Local Gov't Code 152.011; Attorney General Opinion MW-110 (1979).
2See Gov't Code 32.071 (annual salary payable by commissioners court to district judges), 659.012 (annual
salary paid by state to district judge); see also Attorney General Opinion JM- 1140 (1990).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-075, text, August 20, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277258/m1/1/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.