Hooten v. Enriquez

863 S.W.2d 522, 1993 WL 358764
CourtCourt of Appeals of Texas
DecidedNovember 10, 1993
Docket08-93-00204-CV
StatusPublished
Cited by77 cases

This text of 863 S.W.2d 522 (Hooten v. Enriquez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hooten v. Enriquez, 863 S.W.2d 522, 1993 WL 358764 (Tex. Ct. App. 1993).

Opinions

OPINION

BARAJAS, Justice.

This is an appeal from a final judgment granting declaratory and injunctive relief. Appellee, Hector Enriquez, the duly elected El Paso County Clerk, brought this action seeking to have the trial court declare the actions of Charles Hooten, Orlando Fonseca and Rogelio Sanchez, Appellants and El Paso County Commissioners, in amending Appel-lee’s budget to be illegal. In three points of error, Appellants challenge the declaratory judgment and injunction. We reverse and render in part and affirm in part the judgment of the trial court.

I. SUMMARY OF THE EVIDENCE

The record shows that on October 7, 1992, after receiving input from elected officials and department heads and conducting public hearings, the El Paso County Commissioners Court adopted a budget for the 1993 fiscal year. In the budget as adopted, the El Paso County Clerk’s office was allocated approximately $1,086,000. The total allocated for the operation of the County Clerk’s office included $753,000 from the general revenue account and $334,000 from the records preservation and automation fund.1 The records preservation and automation fund (“dedicated fee account”) was established pursuant to Tex.Loo.Gov’t Code Ann. § 118.011(b)(2) (Vernon Supp.1993). Section 118.011 generally provides that a county clerk shall collect various fees for services rendered to any person. Specifically enumerated among the fees that must be collected by a county clerk is a records management and preservation fee in an amount not to exceed $5.00.2 Tex. Loo.Gov’t Code Ann. § 118.011(b)(2) (Vernon Supp.1993).

In the budget as adopted by the Commissioners Court for fiscal year 1993, $257,000 was allocated to the El Paso County Records Management and Archives Department, $165,720 of which was appropriated not from the county general fund, but rather from the dedicated fee account established for the benefit of the County Clerk’s office pursuant to Tex.Loc.Gov’t Code Ann. § 118.011.3

The record further shows that on December 22,1992, in response to a letter from the [526]*526El Paso County Auditor, the El Paso County Attorney advised that fees collected for records management and preservation may not be used to pay for records management and preservation services that are not performed in the office of the county clerk. See also TexAtt’y Gen. LA-07 (1992). On February 16, 1993, Appellant Hooten requested an opinion from the County Attorney as to whether the Commissioners Court could transfer general revenue funds that are used for records management functions out of the County Clerk’s budget and into the Records Management and Archives Department. On February 17, 1993, the Commissioners Court ordered that the sum of $165,720 be transferred from the general revenue account of the Records Management and Archives Department and returned the sum to the County Clerk’s dedicated fee account.4 Additionally, the Commissioners Court ordered that the identical sum of $165,720 be transferred from the general revenue account of the County Clerk to the general revenue account of the Records Management and Archives Department for the purpose of funding any shortfall.

On February 24, 1993, the County Attorney, in response to Commissioner Hooten’s letter of February 16,1993, advised the Commissioners Court and the County Clerk as follows:

The commissioners court may be able to create a surplus by charging some expenditures which are currently charged to the county clerk’s general fund budget to the county clerk’s records and management and preservation budget. Of course, the only expenditures which may be legally charged to the county clerk’s records management and preservation budget are those that are for “specific records preservation and automation projects” to be performed in the office of the county clerk. To the extent that the commissioners court may be able to identify expenditures in the county clerk’s general fund budget which may be legally charged to the clerk’s records management and preservation budget, a surplus may be created in the county clerk’s general fund budget. These surplus funds, if any, could then be transferred to the general fund budget for the records management and archives department.

Acting on the above advice, Appellant Hoo-ten, purportedly acting on behalf of the entire Commissioners Court, tasked Ms. Rose Marie Sharp, Director of the Records Management and Archives Department, to conduct a study of the County Clerk’s office for the purpose of identifying preservation and automation functions that were being performed by his deputies. In directing Ms. Sharp to conduct the study, Commissioner Hooten gave her a target amount of $165,720 that needed to be identified for eventual transfer from the County Clerk’s general revenue fund into the budget for her department, i.e., the Records Management and Archives Department. The study was conducted with the expectation that funds from the dedicated fee account could be utilized to pay an appropriate percentage of the salaries of the deputies identified in Ms. Sharp’s study as performing preservation and automation functions. The study was completed and forwarded to the Commissioners Court by Appellant Hooten on March 2, 1993.5

Relying on the above study, the Commissioners Court determined that a percentage of the salaries of the County Clerk’s deputies, equaling the percentage of time spent on preservation and automation projects, could [527]*527be paid with funds from the dedicated fee account established for the benefit of the County Clerk’s Office. When a portion of the Clerk’s deputies’ salaries was budgeted from the dedicated fee account, a surplus in the amount of $165,720 was created in the County Clerk’s general revenue fund.

On March 3, 1993, on motion of Appellant Hooten, seconded by Appellant Fonseca, the Commissioners Court designated specific records preservation and management functions that were to be performed by those deputies appointed by the County Clerk. The Commissioners Court further designated that those deputies be paid from the proceeds of the dedicated fee account.6

II. PROCEDURAL HISTORY

The El Paso County Clerk, Hector Enri-quez, brought suit for declaratory judgment seeking to have Appellants’ action in voting for the budget amendment transferring funds from the general revenue fund of the County Clerk to the Records Management and Archives Department to have been illegal, void, and unenforceable. Appellee further sought injunctive relief to require Appellants to reverse the budget amendment noted above and to return $165,720 back into the County Clerk’s general revenue fund.

Trial was had to the Court, without a jury, and judgment was rendered May 24, 1993, permanently enjoining Appellants from transferring any funds from the “budget of the County Clerk in violation of the Texas Local Government Code.” The- trial court further ordered Appellants to reverse their actions of transferring funds out of the general revenue fund of the County Clerk, to replace the $165,720 earlier removed from that fund, to reverse any action taken to transfer funds from the dedicated fee account into the County Clerk’s general revenue fund, and to reverse any action taken to transfer expenditures from Appellee’s general revenue fund into the dedicated fee account.

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863 S.W.2d 522, 1993 WL 358764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hooten-v-enriquez-texapp-1993.