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Compensation And Benefits

Summaries

KP-0007
Ken Paxton

Salary, expenses, allowances, and other benefits provided by the county - Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose.

KP-0052
Ken Paxton

Authority of county commissioners court to adopt a policy to automatically reduce the salary of employees and officers

KP-0060
Ken Paxton

Longevity pay, a commissioners court order granting, to certain qualified employees and allowing employees to transfer the longevity pay to another county department if they are hired there, does not continue in effect for an individual who later becomes a county officer|Salary grievance, a county officer who does not challenge the officer's proposed salary in accordance with the procedure and deadline specified by subsection 152.016(a) of the Local Government Code in any given year has effectively waived any, for the upcoming fiscal year

KP-0135
Ken Paxton

Longevity pay - Provided any longevity pay is prospective to the adoption of the longevity policy, a court would likely conclude that a county's longevity pay policy for county officials may include the prior service of the individual as a county employee|Prior Service - Provided any longevity pay is prospective to the adoption of the longevity policy, a court would likely conclude that a county's longevity pay policy for county officials may include the prior service of the individual as a county employee

KP-0162
Ken Paxton

Commissioners court may not fund the salary of a county fire marshal and safety coordinator position through revenue generated by a sales and use tax imposed pursuant to Tax Code chapter 324|County fire marshal and safety coordinator positions - Commissioners court may not fund the salary of those positions through revenue generated by a sales and use tax imposed pursuant to Tax Code chapter 324

KP-0187
Ken Paxton

Health wellness plan with increased insurance premium for tobacco users

GA-0051
Greg Abbott

Notice to elected officers of proposed salary and expenses for upcoming fiscal year, commissioners court must provide after it receives proposed budget from county judge so long as time is sufficient to allow aggrieved officer to file grievance and to have|Notice to elected officers of proposed salary and expenses for upcoming fiscal year, commissioners court must provide after it receives proposed budget from county judge so long as time is sufficient to allow aggrieved officer to file grievance and to hav

GA-0096
Greg Abbott

Longevity pay, an assistant prosecutor's prior service as an elected district attorney, criminal district attorney, or county attorney who performed the duties of a district attorney does not qualify as lifetime service credit

GA-0312
Greg Abbott

Longevity pay for assistant prosecutors, credit towards is not accrued for employment as an assistant prosecutor by a state other than Texas|Credit toward longevity pay is not accrued during individuals employment as assistant prosecutor by a state other than Texas

GA-0322
Greg Abbott

Compensating suspended deputy or employee, as a county officer, a sheriff serving as tax assessor-collector has discretion to his suspend deputies and employees as well as the discretion to continue|Suspension with pay, prospective term of employment does not violate constitution where provision serves legitimate public purpose and has sufficient controls to ensure public purpose is served \r\n\r\nSuspension with pay to county employees is gratuitous ex|Salary of county employees, county commissioners court sets when it adopts the county budget

GA-0426
Greg Abbott

Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplement|State supplement to county judge's salary if at least 40 percent of functions he performs are judicial functions|Transfer of funds from one item in county budget to another to make payments with respect to county judge's state salary supplement|Magistrate, service as is a judicial function|Magistrates of the county, including district judges, county judges, judges of the county courts at law, the judges of statutory probate courts, justices of the peace, and city judges have a mandatory duty to give statutory warnings to arrested person brought before them|Judicial function

GA-0569
Greg Abbott

Justice of the peace is not a county employee and salary and other compensation is set by the commissioners court|Dual office holding, justice of the peace is not barred by dual office holding provisions from simultaneous service as county emergency medical services employee|Simultaneous service as county emergency medical services employee, justice of the peace is not barred by dual office holding provisions from |Simultaneous service as director of county emergency medical services, sheriff's dispatcher is not barred from

GA-0715
Greg Abbott

Discretion to provide medical insurance for juvenile board, county commissioners have|Eligibility for county medical insurance, juvenile board members|Compensation|Medical insurance, included within the term "compensation"

GA-0799
Greg Abbott

Discretionary authority to establish, increase, decrease, or eliminate the compensation paid \r\nto the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources Code

GA-0822
Greg Abbott

Benefits under chapter 615 of the Government Code, we will not speculate on the meaning a court would give to the phrase \\"continued health insurance benefits\\" given the latent ambiguity in section 615.073 and the circumstances by which a surviving spouse becomes eligible for

GA-0857
Greg Abbott

County commissioners court exercising its authority under subsection 157.021(a), Local Government Code, establishing a 40-hour workweek for county employees may withhold partial salaries and benefits of county employees working less than the required hours so long as doing so does not preclude an independent, elected officer from fulfilling his or her core functions|Without discretion to withhold the payment of unbudgeted overtime, under subsection 157.021(b)(1), Local Government Code, when an emergency has been declared by a county or district officer, a county commissioners court is|County commissioners court may be precluded from seeking to recoup salary payments from employees for the time period the employees were dismissed by the officer’s declaring an emergency under subsection 157.021(b)(1), Local Government Code, if such an action prevents an elected officer from performing his or her core duties|County commissioners court may not without consent presume to deduct the emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowances|Commissioners court exercising its authority under Local Government Code subsection 157.021(a) to establish a 40-hour workweek is implicitly authorized to mandate the method of timekeeping used by county employees|Withhold partial salaries and benefits of county employees working less than the required established workweek, so long as it does not preclude an independent, elected officer from fulfilling his or her core functions, a county commissioners court exercising its authority under subsection 157.021(a), Local Government Code, may|Salary payments from employees for the time period the employees were dismissed by an officer’s declaring an emergency under subsection 157.021(b)(1), Local Government Code, if such an action prevents an elected officer from performing his or her core duties, a county commissioners court may be precluded from seeking to recoup|Emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowances, County commissioners court may not without consent presume to deduct the|Method of timekeeping used by county employees, Commissioners court exercising its authority under Local Government Code subsection 157.021(a) to establish a 40-hour

DM-0103
Dan Morales

Juvenile board members have no authority to set their own salaries without commissioners court's approval

DM-0128
Dan Morales

Official court reporters employed in Denton County Courts at Law, the Commissioners Court of Denton County has authority to set compensation of|Compensation of official court reporters, the Commissioners Court of Denton County has authority to set when court reporter is employee in the Denton County Courts at Law|Official court reporters in the Denton County Courts at Law, Commissioners Court has authority to set compensation of

DM-0180
Dan Morales

Political subdivision of state required to provide workers' compensation coverage for employees

DM-0213
Dan Morales

County order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption|Order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption|Supplemental workers' compensation, order limiting may not be applied to county employees injured prior to adoption

DM-0276
Dan Morales

Medical coverage provided by county to employees through single-employer, self-funded plan subject to certain Insurance Code provisions but not to Federal Employee Retirement Income Security Act|Medical coverage provided by county to employees through single-employer, self-funded plan; subject to certain Insurance Code provisions but not to Federal Employee Retirement Income Security Act|Employee Retirement Income Security Act does not preempt Insurance Code provisions to the extent they apply to governmental employee benefit plan

DM-0324
Dan Morales

Deduction from salary or withholding of salary warrants not authorized from justice of the peace's employee for shortage of collections|Employee liability for shortage of collections|Liability of justice of the peace's employee for shortage of collections

DM-0337
Dan Morales

Medical coverage for district officers, authority of county to provide and phase out|Americans with Disabilities Act, application to county plan to phase out medical coverage for district officers|Medical coverage for district judges, authority of county to provide|Medical coverage for district attorney, authority of county to provide|Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide|Medical coverage for district officers, county's plan to phase out|Medical coverage for agricultural and home extension agents, authority of county to provide

DM-0405
Dan Morales

Salary grievance committee may not consider aggrieved elected county officer's complaint after start of fiscal year

DM-0419
Dan Morales

Student loans, federal statute permitting Texas Guaranteed Student Loan Corporation to garnish wages of defaulters on federally-guaranteed loans overrides anti-garnishment provision of state constitution|Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing|Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28|Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides|Texas Guaranteed Student Loan Corporation, authority to garnish state and county employee wages|Garnishment of wages to collect guaranteed student loans|Salary warrants, authority to withhold from state employees who default on guaranteed student loans

JC-0026
John Cornyn

Longevity pay, court may set rate for sheriff prospectively\r\n\r\n|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas Constitution|Longevity pay, court may set rate for sheriff prospectively|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53

JC-0080
John Cornyn

Conference registration fees and lodging expenses, county constitutionally may pay official's or employee's if commissioners court determines that the expenditure will serve a public purpose and attaches sufficient conditions to the expenditure|Salaries, county probably may not pay in advance of services being rendered|Public notices, county probably may pay publisher in advance of printing|Conference registration and lodging fees, county probably may pay|Public purpose, expenditure to private entity from county funds must serve and must be accompanied by conditions to ensure accomplishment of

JC-0087
John Cornyn

Warrant may not be drawn in favor of justice of the peace against whom judgment for delinquent county property taxes has been entered until debt is paid|Warrant may not be drawn on county fund in favor of justice of the peace against whom judgment for delinquent county property taxes has been entered until debt is paid|Debt

JC-0123
John Cornyn

Unused vacation time, county employee who resigns before anniversary date may not be credited or compensated with unused vacation time where county's personnel policy provides that employee's unused vacation time is credited on the anniversary of the empl

JC-0131
John Cornyn

Closure of office for bad weather, repairs, and the like, whether county official may authorize|Salary, auditor may not withhold payment for time that employee did not work because of officer-approved office closure|Closure of office for bad weather, repairs, and the like, county officers may authorize and pay employees for time they were unable to work|Salary, treasurer may not withhold payment for time that employee did not work because of officer-approved office closure

JC-0147
John Cornyn

Salary increases for officers and employees do not become effective until new budget is adopted by commissioners court, even if budget is not adopted until after start of new fiscal year

JC-0159
John Cornyn

Compensation of county court at law judges in counties collecting court costs and fees under section 51.702 of the Government Code|County court at law judges, compensation of in counties collecting court costs and fees under section 51.702 of the Government Code|Salaries of county court at law judges set annually

JC-0255
John Cornyn

Salary increases for elected officers, special statutory notice must apprise public of maximum potential salary increases|Salary increases for elected officers, notice that is materially misleading concerning rates of proposed increases is not in substantial compliance with special statutory notice provision as a matter of law

JC-0297
John Cornyn

County retirees' health insurance premiums, county may not pay unless the retirement plan is authorized by state law and is consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay unless authorized by state law and consistent with article III, section 53 of the Texas Constitution|County retirees' health insurance premiums, county may not agree to pay if payment would constitute unbargained-for, retroactive compensation|Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA") does not require or authorize a county to pay any portion of a retiree's health insurance premiums or to make health insurance coverage available beyond COBRA's mandatory time periods for co

JC-0361
John Cornyn

County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begun|Salaries, district judges may increase salaries of county auditor and assistant county auditors even though county budget year has already begun

JC-0369
John Cornyn

Bona fide employees association|An "employees association" is not synonymous with a labor organization|Payroll deductions for membership dues to employees associations, employees not entitled to|Payroll deductions for membership dues to employees associations, authority to restrict

JC-0370
John Cornyn

Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when made|Unconstitutional retroactive compensation for services performed and impermissible private use of public funds, county treasurer's payment of employees' accrued vacation or compensatory time when the county did not have a policy providing for such payment|Accrued vacation and compensatory time, sheriff's deputies may not receive payment for time that accrued when county did not provide for such payment

JC-0383
John Cornyn

Retired county employee, county may invite to participate in county's group health insurance program if retiree pay premiums under chapter 175 of Local Government Code|Retired county employee's health insurance premiums, county may not pay if, at time person retired, the county did not provide for payment of such premiums; county may not seek reimbursement of unconstitutionally paid premiums|Retroactive compensation, county may not pay group health insurance premiums for retired employee absent additional consideration from employee if county did not provide for such coverage nor possibility of such coverage at time of employee's retirement

JC-0389
John Cornyn

Constable, authority of commissioners court to set reasonable salary for

JC-0414
John Cornyn

Health insurance, county is not required to provide it to part-time constable

JC-0427
John Cornyn

Sick-leave pool, county commissioners court may adopt rules specifying how transfer of value of sick leave from contributing employee to and from pool to withdrawing employee affects departmental budgets|Sick-leave pool, employee may contribute unvested sick-leave time|Sick-leave pool, value of sick-leave time is transferred with sick leave to and from

JC-0471
John Cornyn

Salary grievance hearing, elected officer is entitled to have five days after actually receiving written notice of approved salary and personal expenses|Notice of approved salary and personal expenses, county commissioners court is not precluded from faxing to elected officers as a matter of law|Faxing written notice of approved salary and personal expenses to elected officer, commissioners court is not precluded as matter of law from|Fax|Written

JC-0473
John Cornyn

Lifetime service credit, accrual of by assistant prosecutor dependent only on length of service, not continuity or location

JM-1193
Jim Mattox

Salary warrants may be issued for county officers and employees delinquent in ad valorem tax obligations

KP-0263
Ken Paxton

Under article 102.0121 of the Code of Criminal Procedure,
the commissioners court, not the prosecuting attorney, ultimately
determines the authorized uses of the county pretrial intervention
program fund. The statute authorizes the commissioners court to
use the pretrial intervention fund for an employee's salary, salary
supplement, or a benefit only to the extent the use of the fund is
solely for the administration of the program.