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TX JM-192 August 13, 1984

Did Texas county employee salary warrants need commissioners-court approval and prior county-auditor approval?

Short answer: JM-192 said each county salary warrant required commissioners-court approval before issuance. The county auditor did not have to approve the salary beforehand, but the auditor's countersignature was required before payment and could be withheld on reasonable legal grounds.

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This page answers the general question as of 1984. Ezel answers yours: what it means for your facts, under current Texas law, with citations.

Currency note: this opinion is from 1984
Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: This is an official Texas Attorney General opinion. AG opinions are persuasive authority in Texas courts but are not binding precedent. This summary is for informational purposes only and is not legal advice. The opinion dates from 1984; verify current county-payroll, warrant, auditor, treasurer, budget, and commissioners-court law before relying on it.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original AG opinion (PDF)

Texas AG Opinion JM-192: County Salary Warrant Approval

Plain-English summary

JM-192 concluded that county employee salaries required commissioners-court approval before salary warrants could issue.

"Salaries paid to county employees require approval by the commissioners court before warrants may be issued."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

The county auditor did not have to give prior approval to the salary payment as a claim, but the auditor had to countersign the warrant before it could be paid.

"The auditor's prior approval is not required, but his co-signature must be affixed to the warrant before it may be paid."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

The opinion distinguished salary payments from the claims, bills, and accounts that articles 1660 and 1661 required the auditor to examine before commissioners-court action.

"Salary payments are not 'claims' under articles 1660 and 1661 which require prior approval by the auditor of such claims before action of the commissioners court."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Currency note

This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did every county salary warrant need commissioners-court approval?

Yes. JM-192 concluded that each warrant paid to a county official or employee required approval by the commissioners court.

"Each county warrant paid to an official or employee of the county requires commissioners court approval."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Could the commissioners court delegate recurring payroll approval to the auditor?

No. The opinion relied on prior guidance that the commissioners court could not delegate its duty to audit and settle county obligations through a standing order allowing periodic payroll without its approval.

"The commissioners court's duty to audit and settle claims against the county pursuant to article 2351(10) cannot be delegated to the county auditor under a standing order authorizing the auditor to pay county officials and employees without periodic approval by the commissioners court."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Could the auditor refuse to countersign a salary warrant?

Yes, when the auditor in good faith believed the payment was unauthorized or had reasonable grounds to question it.

"The auditor may refuse to co-sign a salary warrant which he believes, in good faith, to be unauthorized."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

What happened when the employee had a clear legal right to a fixed salary?

The auditor's duty to countersign was ministerial, and mandamus could be available to compel the signature.

"If the county employee, as a matter of right, is entitled to be paid a sum certain, the county auditor has a ministerial duty to co-sign the warrant and may be subject to a writ of mandamus to do so."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

What if the auditor had reasonable grounds to question the payment?

The auditor could refuse to countersign, and the employee's remedy was a suit against the county rather than mandamus against the auditor.

"If the auditor has reasonable grounds on which to question the salary payments, he may, in his discretion, refuse to co-sign the warrant, in which event the employee's remedy is a suit against the county rather than a mandamus action against the auditor."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Who actually disbursed county funds?

The county treasurer disbursed funds under commissioners-court direction after presentation of a properly drawn warrant and confirmation that sufficient funds were available.

"The funds are actually disbursed by the county treasurer under the direction of the commissioners court."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Background and statutory framework

The request asked whether county-official salaries required monthly approval by the commissioners court or the county auditor.

"You have asked whether payment of salaries to county officials require monthly approval either by the commissioners court or the county auditor."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Article 2351(10) required the commissioners court to audit and settle county accounts and direct payment.

"A commissioners court is required to 'audit and settle all accounts against the county and direct their payment.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

County payments also had to comply with the adopted budget, and county money could be withdrawn only through checks or warrants drawn on the county treasury.

"All payments must comply with the county's budget with regard to those salaries which have been approved for county officials and employees."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

"No moneys shall be expended or withdrawn from the county treasury except by checks or warrants drawn on the county treasury."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Citations and references

  • Article 2351(10) supplied the commissioners court's audit, settlement, and payment-directive duty.

"A commissioners court is required to 'audit and settle all accounts against the county and direct their payment.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

  • Articles 1660 and 1661 supplied the county-auditor claim-approval rules that JM-192 held inapplicable to salary payments.

"The above requirements for the approval of claims do not apply to payments out of the county treasury for salaries."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0192.pdf

Source

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas

JIM MAlTOX .k1gust 13, 1984
Attorney General

Suprm Ceurl Bulldlnp Honorable Patrick. If. Simmons Oplnlon No. Jn-192
P. 0. Box 12548 District-County Attorney
AUSlirl,-I%. 76711-2543 Limestone county Ile: Whether salary payments of
51214762501 P. 0. Box 146 county employees mmt be approved
wex 91(y87~1307
Groesbeck, Texas 76642 monthly by a c&ssioners court
l.IecOpler 5121475.0255

                          Dear Mr. Stins:

714 Jackeon.Suite 700
Dallas. lx. 75202.4508 You have asked whether payment of salaries to county officials
2l4n42ao44
require monthly rlpproval either by the comPliseiooers court or the
county auditor. Although you specifically inquire as to the effect of
4524AIberIa Ave., Sulle 150 article 1660. V.!!. C.S., other relevant statutes must be considered In
El Paso. TX. -2793 resolving this qclc:stion. We conclude that each county warrant paid to
01- an official or InPployee of the county requires cotissioners court
approval. ~Tylfr ‘I. Shelby County, 47 F.2d 103 (5th Cir. 1931). The
10011exaa.Suite 700 county auditor s rsrlor approval is not required. however.
Nc.uetcn.TX. 77w2-3111
71Y223a56 A comlssiaoers court is required to “audit and settle all
accounts against the county and direct their payment.” V.T.C.S. art.
2351(10). All ptlyments must comply with the county’s budget with
SO5Bmadray. &It. 312
iegard to those or.laries which have been approvid for county officials
L&bock. TX. 7940+34To
Kef747.5232 and ,amployees. 1r.T.C.S. art. 689a-11; art. 166611. The funds are
actually :disbursc!cl by the county treasurer under the direction of the
comifmioners can’t. Article 1709s. V.T.C.S.; generally requires that
43W N. Tenth, Buile B all county money be deposited with the county treasurer or in the
McAllm, lx. 7s501-lw5
5lmS24547
county depository and that

                                        [n]o m~leys shall     be expended or withdrawu from

200 MaIn Plaza,Sul1e400 the cmnty treasury except by checks or warrants
Ssn Antonlc. lY.. 7S20&2297
drawn OII the county treasury . . . .
512l2254191

                           V.T.C.S.   art. 17OIla. 14.     It Is the duty of the county treasurer,        upon

An Equal oppoftunlcy/ the presentation of a warrant drawn by the proper authority. to
AfflmmtlveActIon Emplw~ endorse said wsrrknt for the benefit of the named payee if there are
sufficient funds znallable. Id. W(d). Thus, the proper authority in
the payment of ,slaries is-he- commissioners court, whose order
directing paynenl: , i.e. the, warrant. is attested by the county clerk.
-Id. 14(e).

                                   Although   the   county auditor has broad authority  to “see to the
                                                                                     -.       ..
                          strict      lnfo r c em4 nt or  cne law governing county finances.”    article

Honorsble Patrick H. Simmone - Page 2 (JM-192)

1651, V.T.C.S.. and the potter to disapprove certain claims against the
county unless contracted for according to law, he does not have the
authority to require prior approval of salary “claims.” Of course,
the auditor may refuse to s:o-sign a salary warrant which he believes,
in good faith, to be unauthorized. Without his signature. the county
warrant is invalid and camzot be paid by the depository. Attorney
Caneral Opinion S-149 (1955). The courts have been inconsistent in
their discussion of a count:r auditor’s authority to disapprove salary
warrants. The rule to be tlczived from the cases. however. is that if
the county employee, as a clatter of right, is entitled to be paid a
sum certain, the county autl:Ltor has a ministerial duty to co-sign the
warrant and may be subject to a writ of mandamus to do so; however, if
the auditor has reasonable grounds on which to question the salary
payments, he may. in his dA,Ecretion , refuse to co-sign the warrant, in
which event the employee’s remedy is a suit against the county rather
than a mandamus action agaj,r,st the auditor. In any event, it is clear
that salary payments are n>t “claims” under articles 1660 and 1661
which require prior approval by the auditor of such claims before
action of the commissioners court. Article 1660. V.T.C.S.. provides
that

         1411 claims,        t8illa     and accounts   against  the
         county must be fj.led in ample time for the auditor
         to examine and allprove same before the meetings of
         the    comissionerci        court.    No claim.   bill  or
         account shall be r.llowed or paid until it has been
         examined and app:cc)ved by the county auditor.         The
         auditor    shall   examine the sams and stamp his
         approval    thereon,       If he deema it necessary,   all
         such accounts,       ‘bill    [sic],   or claims   must be
         verified   by affi,iwit       touching the correctness  of
         the same.      The auditor        is hereby authorized  to
         administer oaths l’or the purposes of this law.

Article 1661, V.T.C.S.. metalwhile. states the following:

              Section 1. E,e shall not audit or approve any
          such claim      unl~s     it   has been contracted          as
          provided by law, nor any account for the purchase
          of supplies      or materials      for the ,use of said
          county or any of !.ts officers,        unless, in addition
          to other reqdirrments        of law, there is attached
          thereto    a   requisition      signed    by the     officer
          ordering   same an2 approved by the county judge.
          Said requisition      must be made out and signed and
          approved in triplicate        by the said officers,        the
          triplicate   to raprlin with the officer       desiring    the

Honorable Patrick H. Slwons - Page 3 (JH-192)

        purchase,   the &rplicate   to be filed     with the
        county auditor.   cmd the original  to be delivered
        to the party from whom said purchase Is to be made
        before any purchase shall be made.      All warrants
        on the county tlz!asurer.  except warrants for jury
        service,  must be-counter signed by the auditor.

           ‘Sec. 2.   The county judge of a county having an
        auditor   may waive by his owu written      order the
        approval of the county judge on requisitions.       The
        order   shall  be .recorded in the minutes of the
        Cowissloners     (Iourt.   If  the   county    judge’s
        approval is waived. all claims must be approved by
        the Conm&Monexs Court in open court.         @mphesis
        added).

 The above requirements for the approval of claims do not apply to

payments out of the county treasury for salaries, judgments against
the county which are settl.c!d by the commissioners court. or purchases
under special contract. Attorney General Opinion 8-977 (1977).

   The most recent         ca;ltr discussing    the auditor’s     authority     to

withhold his signature fxom salary warrants Is Smith v. I4cCoy. 533
S.W.2d 457 (Tax. Civ. App. - Dallas 1976. writ dlsm’d). In this case
three deputy sberiffs had been suspended without pay by the sheriff
and later reinstated. TCz sheriff requested the commissioners court
to award back pay for the period of the suspension. The comdssioners
court agreed to do so a:iLi issued the warrants, which the auditor
refused to co-sign, ques:::loning the legality of back payments for
salary to suspended couhty employees. The deputy sheriffs, as
plaintiffs, sued for a writ of mandamus against the auditor. seeking
to compel his co-signaturr:. The court found that the auditor did not
abuse his discretioh in r8eCusing to co-sign the warrants because the
matter of back payment prc!clented a “difficult legal question,” or, In
other words, that the plaintiffs did not as a matter of law have a
right to the salary payments.

   Where a claimsnt’s     r!L(:ht is established    as a matter of law, the

auditor has a ministerial tluty to approve payment. Thus, in the case
of Jackson v. Leonard, 578 S.W.2d 879 (Tex. Civ. App. - Houston [14th
Dist.1 1979, writ ref’d n.r.e.), the court held that the audit6r could
not question the salary increases awarded justices of the peace
pursuant to the salary Ii::ievance committee procedures. The court
found that these claims were not claims subject to the auditor’s
approval authority under articles 1660 and 1661, but that he was under
a ministerial duty to cc-sign the warrants. See also Nacogdoches
COUlltY V. Jinkins. 140 S,,\l.Zd 901 (Tex. WV. App. - Beaumont 1940,
writ ref’d) (the county auditor had no authority to disapprove
district clerk claim for salary under articles 1660 and 1661).
Honorable Patrick H. Simmons - Page 4 (JM-192)

  In the case of Guerra v. Weathbrly,       291 S.W.2d 493 (Tex. Civ.

APP. - Waco 1956, nowrit),: the county had employed an attorney for
which the conmissioners court had ordered three separate warrants to
be issued serially as compensation. The county auditor refused to
co-sign the warrants and t’h: attorney sued for a writ of mandamus.
The court did not discuss al,ticles 1660 and 1661, as to whether or not
these payments were claims :subject to auditor approval, but held that
the conrmlssionera court was r,uthorized to employ an attorney and order
warrants for his compensatlc~r, to be Issued.

   Earlier     opinions     from the attorney general’s              office    have been

less than ,clear regarding the’ auditor’s authority to disapprove salary
payments. None of the opinL,ns clearly conclude that the auditor may
simply withhold his signature if he believes that the expenditure
would be illegal. Attorney General Opinion O-6624 (1945) concerned
the employment and payment ol’ an inventory clerk for the county. This
opinion concluded that, pursuant to article 1651. regarding the
auditor’s authority to see to the strict enforcement of county
finances, the auditor would be authorized to inquire as to whether the
clerk was actually performing duties contracted for by the
commissioners court. The olbz.nion simply concluded that if the auditor
believes that an employee is not discharging his duties, he should
simply refuse to counter-sign the employee’s warrants. Attorney
General Opinion O-4053 (1541) concerned the authority of a county
attorney to continue salary payments to an individual not working on
account of personal injury. This opinion advised that the auditor has
the authority under article 1660 to require an affidavit from the
county commissioner for ir>m the injured employee worked, to the
effect that indeed the individual was employed and working. Ewever,
as we have discussed above!,, article 1660 does not apply to salary
payments, since they are not accounts or claims. Similarly. in
Attorney General Opinion O-5890 (1944). it was found that payrolls
signed by the respective county officials were’ required to be
submitted to the county autl:ltor for his approval under article 1660.
We believe that to the exta!nt that either of these opinions conclude
that articles 1660 and 1661 require prior approval by the county
auditor of salary payments, they are in error and are hereby
overruled.

   In Attorney    General Opinion O-5049 (1943). St was concluded that

the commissioners court’s duty to audit and settle claims against the
county pursuant to article 2351(10) cannot be delegated to the county
auditor under a standing o:c&er authorizing the auditor to pay county
officials and employees wIthJut periodic approval by the comlssioners
court. In other words, tbe monthly payroll reports prepared by the
respective county offlcialll are turned in to the commissioners court
for its approval and its order issuing salary warrants. See V.T.C.S.
art. 1637. Attorney General Opinion O-5049 concluderthat the
commissioners court cannot clelegate this responsibility to the county
Honorable Patrick H. Slmorr - Page 5 (J&192)

suditor. In summary, we conclude that salaries paid to county
employees require c~issicl~,ers court approval before any warranxs may
be issued. The auditor’s prior approval is not required, but his
co-signature must be affixciil to the warrant before it may be paid.

                                  SUMMARY

            Salaries     paid   to    county   employees    require
        approval      by   tl~    co&ssloners       court    before
        warrants    may be issued but do not require          prior
        approval     by tht! county      auditor,    although    his
        co-signature     is required.




                                            (l$&Y&b
                                                Attorney   Gsneral   of   Texas

TOM GREEN
First Assistant Attorney Grleral

DAVID R. RICHABDS
Bxecutive Assistant Attoane-r General

Prepared by David Brooks
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpio, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellitiger
Nancy Sutton

                                       p. 042

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