LOCAL GOVERNMENT CODE
SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES
CHAPTER 151. COUNTY EMPLOYMENT AUTHORITY
SUBCHAPTER A. GENERAL EMPLOYMENT AUTHORITY
§ 151.001. OFFICER APPLIES TO COMMISSIONERS COURT FOR
AUTHORITY TO APPOINT EMPLOYEES. (a) A district, county, or
precinct officer who requires the services of deputies, assistants,
or clerks in the performance of the officer's duties shall apply to
the commissioners court of the county in which the officer serves
for the authority to appoint the employees. If the county has a
population of more than 190,000, the officer shall apply for the
authority to appoint any other kinds of employees.
(b) The application must be sworn and must state:
(1) the number of employees required;
(2) the title of the positions to be filled; and
(3) the amounts to be paid the employees.
(c) If the application is made in a county with a population
of more than 190,000, it must also describe the duties to be
performed by the employees.
(d) The application must be accompanied by a statement of
the probable receipts from fees, commissions, and compensation to
be collected by the office during the fiscal year and the probable
disbursements, including salaries and expenses, of the office.
(e) This section does not apply to a district attorney or
criminal district attorney in a county with a population of more
than 190,000.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 151.002. COMMISSIONERS COURT ADOPTS ORDER AUTHORIZING
APPOINTMENT OF EMPLOYEES. After the receipt of an application
under this subchapter, the commissioners court by order shall
determine the number of employees that may be appointed and shall
authorize their appointment.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 151.003. OFFICERS MAKE APPOINTMENTS. After the entry
of the commissioners court's order, the officer applying for the
employees may appoint them.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 151.004. COMMISSIONERS COURT MAY NOT INFLUENCE
APPOINTMENT. The commissioners court or a member of the court may
not attempt to influence the appointment of any person to an
employee position authorized by the court under this subchapter.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
§ 151.901. EMPLOYMENT OF SECRETARIAL PERSONNEL. The
commissioners court of a county may enter an order to employ and
provide compensation for secretarial personnel for a district,
county, or precinct officer if the court determines that the
financial condition of the county and the staff needs of the officer
justify doing so.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 151.903. PERSONNEL AND PAYROLL RECORDS IN COUNTY WITH
POPULATION OF 500,000 OR MORE. (a) In a county with a population
of 500,000 or more, the officer employing a person shall, in
addition to other requirements of law, file a personnel record
about the person if the person is paid in whole or in part from funds
of the county or of a flood control district located entirely in the
county and the person is employed as:
(1) a deputy, an assistant, or any other employee of
the county, or of the flood control district, who works under the
commissioners court or its appointee; or
(2) a deputy or an assistant appointed under
Subchapter A by a county or district officer.
(b) The personnel record shall be filed when the person is
employed and must contain the following information: date of
employment, rate of compensation, nature of employment, business or
personal history, education, race, sex, age, place and date of
birth, previous experience, and any other information essential to
the keeping of proper personnel records.
(c) Each county officer or department head under whom the
persons described by Subsection (a) are employed shall file a
signed and sworn payroll at the close of the month, or more often if
authorized or required by law. The payroll must state the name of
each employee and show the employee's dates and hours of work, rate
of compensation, and amount due for the current pay period. In the
case of engineers and employees in the field engaged in road, flood
control, or construction work, a signed report must accompany the
payroll stating the nature, dates, and location of the work
performed and containing any other information that may be needed
for statistical or accounting purposes.
(d) The county auditor shall prescribe the forms and
systems, including a system of personnel and equipment records,
necessary to carry out this section. The county auditor may enforce
any rules adopted under this section. If a person fails to file
records or furnish essential information as required under this
section, the county auditor may withhold the payment of salaries
until the records are filed or information is furnished as
required. In addition, the county auditor may assemble statistics
and make recommendations that may be included in the county
auditor's annual report required by law.
(e) A form adopted under this section is subject to the
approval of the county auditor.
(f) In a county with a chief personnel officer, the
commissioners court may designate the chief personnel officer or
the county auditor to approve personnel forms.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1997, 75th Leg., ch. 328, § 1, eff. May 26, 1997.
