Opinion No. GA-0162
Date: Monday, March 15 @ 10:20:36 EST
Topic: AG Opinions
March 12, 2004
(Opinion No. GA-0162)
Re: Whether, if a county commissioners court invalidly set the county sheriff's salary at an amount higher than the increased proposed salary listed in the published notice, the county may pay the sheriff only the salary he received in the previous budget year
(RQ-0108-GA)
S U M M A R Y
The Motley County Commissioners Court, which adopted a budget including a salary for the County Sheriff higher than that posted in the notice required by section 152.013(b) of the Local Government Code, may pay the Sheriff only the salary he received in the prior budget year. See Tex. Loc. Gov't Code Ann. § 152.013(b) (Vernon 1999). Because of the improper notice, the amount in the adopted budget is invalid. Additionally, the County may not pay the Sheriff the increased proposed salary listed in the published notice because the Commissioners Court did not vote, at its "regular meeting . . . during the regular budget hearing and adoption proceedings," to provide the Sheriff with that salary. Id. § 152.013(a). The Commissioners Court may not increase the Sheriff's salary until the next budget is properly adopted.
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