power -- Liability of principal -- Deputy may serve despite vacancy in office of appointing officer. (1) (a) A county or precinct officer, including an elected county executive, except a county commissioner or county council member, may, with the consent of the county legislative body, appoint deputies and employees as necessary for the discharge of the duties of the county officer's office. (b) The county legislative body's consent power under Subsection (1)(a) shall be defined in county ordinance and may include consent by: (i) the budget approval process; (ii) approval of an allocation of a certain number of positions; or (iii) approval or disapproval of the hiring of individual applicants for employment. (c) A county legislative body may by ordinance delegate to the county executive the authority to consent to the appointment of deputies and employees under this Subsection (1). (2) If a county clerk performs district court clerk functions, the legislative body of the county shall provide the county clerk with deputies and employees for the business of the district court: (a) as the district court judge or judges consider necessary and advisable; and (b) consistent with the level of funding for clerk services from the court administrator's office. (3) (a) Each county officer appointing a deputy shall, for each deputy appointed: (i) sign a document that states that the county officer appointed the deputy; and (ii) file the signed document with the county clerk. (b) The county officer appointing the deputy is liable for all the deputy's official acts. (c) If the office of the county officer who appointed the deputy becomes vacant, the deputy may continue to serve despite the vacancy. (4) A sheriff in a county employing more than 100 full-time uniformed peace officers may, with the consent of the county legislative body, appoint more than one chief deputy or undersheriff.
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