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.

Opinion No. GA-0163

Mr. Benton Cocanougher

Interim Chancellor

The Texas A&M University System

A&M System Building, Suite 2043

200 Technology Way

College Station, Texas 77845

Re: Whether The Texas A&M University System is authorized to administer charitable remainder trusts (RQ-0110-GA)

S U M M A R Y

The Texas A&M University System is authorized to administer charitable remainder trusts from which the system or one of its components will receive the charitable remainder.

Opinion No. GA-0164

Ms. Alicia G. Key

Administrative Director

Office of Court Administration

205 West 14th Street, Suite 600

Austin, Texas 78711-2066

Re: Whether court reporters who are full-time state employees may receive a fee for a transcript in addition to the court reporter's salary (RQ-0111-GA)

S U M M A R Y

A court reporter serving under subchapter C of chapter 201 of the Family Code is an "official court reporter" for purposes of section 52.047 of the Government Code and may therefore charge a fee for preparing transcripts. Because such fees are not considered to be salary supplements, retention of such fees is not a violation of section 659.020 of the Government Code, which prohibits a state employee from receiving a salary supplement. Because preparing requested transcripts is a responsibility of official court reporters imposed by statute, a court reporter serving under subchapter C of chapter 201 of the Family Code may prepare such transcripts during normal business hours, rather than be required to prepare such transcripts after normal business hours or by taking annual leave.

Opinion No. GA-0165

The Honorable David K. Walker

Montgomery County Attorney

210 West Davis, Suite 400

Conroe, Texas 77301

Re: Whether a surety operating as an agent for a corporation must obtain a license separate from that of the corporation (RQ-0112-GA)

S U M M A R Y

An agent of a corporate surety licensed as such by a county bail bond board does not require an independent license to act as agent of the corporation.

Opinion No. GA-0166

The Honorable Joe Warner Bell

Trinity County Attorney

P.O. Box 979

Groveton, Texas 75845

Re: City council's authority to prohibit the use of the municipal jail as a holding facility for persons arrested by deputy constables for violations of state law (RQ-0115-GA)

S U M M A R Y

A city council may prohibit the use of the municipal jail as a holding facility for persons arrested by deputy constables for state law violations while such persons wait to appear before a magistrate, to post bond, or to be transported to a county facility.

Opinion No. GA-0167

Mr. Danny Payne

Commissioner

Texas Savings and Loan Department

2601 North Lamar, Suite 201

Austin, Texas 78705

Re: Whether under Finance Code section 156.209(c), a hearings officer must schedule a hearing for a date not later than thirty days after the date the Savings and Loan Commissioner receives the applicant's appeal (RQ-0117-GA

S U M M A R Y

Finance Code section 156.209 requires the Savings and Loan Commissioner to provide notice to an unsuccessful applicant for a mortgage broker license or license renewal and establishes procedural requirements for an administrative appeal that the applicant must exhaust to later appeal to a district court. Section 156.209(c) requires the administrative hearings officer to schedule an administrative hearing for a date no later than thirty days after the date the Savings and Loan Commissioner receives the applicant's appeal.

For further information, please access the website at www.oag.state.tx.us. or call the Opinion Committee at 512/463-2110.

TRD-200401990

Nancy S. Fuller

Assistant Attorney General

Office of the Attorney General

Filed: March 16, 2004