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Counties And County Commissioners Courts

Summaries

KP-0003
Ken Paxton

Commissioners court is the proper body to receive and accept donations on the county's behalf pursuant to Local Government Code section 81.032|To the extent that members of the public send donations to the sheriff, the sheriff should immediately forward those donations to the commissioners court for proper handling pursuant to Local Government Code section 81.032

KP-0004
Ken Paxton

Absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.|It is likely a court would conclude that, absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.

KP-0007
Ken Paxton

Salary, expenses, allowances, and other benefits provided by the county - Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose.

KP-0011
Ken Paxton

County school lands, commissioners court may not delegate its trustee responsibilities to the school districts in the county or sell, for a nominal fee, to the school districts the|Section 45.105 of the Education Code, because a county must bear its expenses to administer the constitutional trust under article VII, section 6 of the Texas Constitution, a court could, depending on the facts of the particular case, have reason to conclude that a school district's allocation for such purposes is not necessary and therefore not authorized under

KP-0012
Ken Paxton

Public notice of a proposed budget increase to a sheriff's salary prior to setting the sheriff's salary, subsection 152.013(b) of the Local Government Code requires a commissioners court to provide, and failure to do so invalidates any increase|Changes to the budget after it has been finally approved, subsection 111.010(b) of the Local Government Code prohibits the commissioners court from making|Required notice of the sheriff's proposed salary increase, if the Coke County Commissioners Court finally approved its budget prior to providing, the sheriff's salary for 2014-2015 must remain at the prior year's amount

KP-0013
Ken Paxton

Commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriff|Sheriff - commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriff

KP-0016
Ken Paxton

Attorney's fees of county commissioners investigated for violation of the Texas Open Meetings Act

KP-0030
Ken Paxton

County attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collection

KP-0031
Ken Paxton

Scope of Local Government Code section 157.901 concerning county's duty to provide legal representation of county officers and employees

KP-0037
Ken Paxton

Under the common law, a county commissioners court has discretion to reimburse legal expenses incurred by a county commissioner in the defense of a criminal matter which results in a finding of not guilty if the prosecution was for actions that were within scope of official duties and defense is primarily for a county purpose and not a personal interest.

KP-0045
Ken Paxton

Nepotism statute does not prohibit the superintendent of the Pecos County Memorial Hospital from employing the spouse of the county judge because the county judge has no authority to hire employees of the Hospital

KP-0049
Ken Paxton

A court would likely conclude that a governmental entity improperly prohibiting handguns by oral or by a written notice that does not conform to Penal Code section 30.06 violates Government Code section 411.209.|Pursuant to Opinion KP-0047, it is only the courtrooms and those offices determined to be essential to their operations from which Hays County may prohibit concealed handguns without risk of incurring a civil penalty under Government Code section 411.209.|A concealed handgun license holder who refuses, after notice by the governmental entity, to exit premises from which Penal Code sections 46.03 or 46.035 prohibit handguns, commits an offense punishable as a misdemeanor.|A licensee who refuses to relinquish any concealed handgun or refuses to exit the building after being given notice by a governmental entity does not commit an offense if the building is not one from which Penal Code sections 46.03 and 46.035 prohibit concealed handguns.

KP-0052
Ken Paxton

Authority of county commissioners court to adopt a policy to automatically reduce the salary of employees and officers

KP-0059
Ken Paxton

County indigent health care, commissioners court authority to adopt eligibility requirements

KP-0060
Ken Paxton

Longevity pay, a commissioners court order granting, to certain qualified employees and allowing employees to transfer the longevity pay to another county department if they are hired there, does not continue in effect for an individual who later becomes a county officer|Salary grievance, a county officer who does not challenge the officer's proposed salary in accordance with the procedure and deadline specified by subsection 152.016(a) of the Local Government Code in any given year has effectively waived any, for the upcoming fiscal year

KP-0068
Ken Paxton

Transportation Code section 502.403, county is required to send a portion of revenue generated by county fee for child safety to municipalities under

KP-0069
Ken Paxton

Financial statements of school district trustees - posting on district website

KP-0075
Ken Paxton

County roads upon compliance with the requirements of the statute. To the extent any of the actions in Transportation Codoe section 251.051 may be applicable to Dallas Drive, the county may utilize them to divest itself of its|Right of way - a county road may include the sidewalks in the right of way

KP-0076
Ken Paxton

Automated photographic system to enforce financial responsibility laws, county authority to use

KP-0090
Ken Paxton

Government Code section 26.006, a county judge performs a "judicial function" when the judge exercises criminal or civil jurisdiction as authorized by Government Code chapter 26|Government Code section 26.006, auditor should confer with Comptroller regarding whether to deny disbursement of a supplement to a county judge under

KP-0111
Ken Paxton

Vehicle use policy, authority of commissioners court and county auditor to impose on county sheriff

KP-0116
Ken Paxton

Holiday lighting and decorations, expenditure under Texas Constitution article III, section 52(a)|Literacy programs, county expenditure under Texas Constitution article III, section 52(a)|Establishment clause, county expenditure on holiday lights and decorations|Holiday lighting and decorations, authority to expend funds for|Literacy programs, authority to expend funds for

KP-0119
Ken Paxton

College trustee and county commissioner, simultaneous service as|Incompatibility of simultaneous service as college trustee and county commissioner

KP-0135
Ken Paxton

Longevity pay - Provided any longevity pay is prospective to the adoption of the longevity policy, a court would likely conclude that a county's longevity pay policy for county officials may include the prior service of the individual as a county employee|Prior Service - Provided any longevity pay is prospective to the adoption of the longevity policy, a court would likely conclude that a county's longevity pay policy for county officials may include the prior service of the individual as a county employee

KP-0146
Ken Paxton

Veterans treatment court judge, not the commissioners court, is authorized to select and supervise the staff of a veterans treatment court program

KP-0160
Ken Paxton

Commissioners court may not delegate its approval authority of payroll, claims, and other payments to county treasurer

KP-0164
Ken Paxton

Effect of 1981 enactment of the Agriculture Code on previous local option stock law elections.

KP-0172
Ken Paxton

Whether certain department meetings constitute budget preparation contrary to Local Government Code chapter 111 is fact specific and beyond purview of attorney general opinion|Common-law doctrine of incompatibility does not prohibit simultaneous employment as county employee and county budget officer

KP-0173
Ken Paxton

Crime restitution funds, collection under Code of Criminal Procedure art. 103.0031(a)(1)(A) when delinquent|Collection of delinquent crime restitution funds under Code of Criminal Procedure article 103.0031(a)(1)(A)

KP-0180
Ken Paxton

Authority of commissioners court to deny longevity pay to county judge who receives a state salary supplement pursuant to Government Code section 26.006|Longevity pay

KP-0182
Ken Paxton

Authority of county to transfer funds from road and bridge account to general account to pay commissioner who performs road and bridge maintenance

KP-0187
Ken Paxton

Health wellness plan with increased insurance premium for tobacco users

KP-0192
Ken Paxton

Property reappraisal procedures following a disaster|Tax year

KP-0203
Ken Paxton

County clerks and commissioners court have concurrent authority to collect certain payables under Code of Criminal Procedure article 103.003|Commissioners court authority to establish and supervise county collections department and delegate collection of money to private collections firm|Contract between commissioners court and private collections firm to collect money owed to the county

KP-0210
Ken Paxton

Contractual assessment imposed by local government under Local Government Code chapter 399 is special assessment and treated as real estate taxes on the property

KP-0219
Ken Paxton

County authority to pursue public housing programs|Use of county funds to pursue public housing programs

KP-0230
Ken Paxton

Commissioners Court's use of Tax Code chapter 324 revenue to fund county health services

KP-0234
Ken Paxton

Funds received under Health and Safety Code section 401.244 are public funds|County's continuing oversight of funds disbursed to entity under Health and Safety Code subsection 401.244(b)(2)|Purchases made by nonprofit entity using funds received by County under Health and Safety Code section 401.244

KP-0235
Ken Paxton

County payment of expenses for contracted workers in specific circumstances|Filing requirements of real property documents with county clerk

KP-0237
Ken Paxton

Whether a particular expenditure satisfies Texas Supreme Court three-part test in Texas Municipal League is determination for commissioners court in the first instance subject to judicial review|County may not spend county tax revenue to contribute to operation of county hospital district|Whether providing law enforcement services, grounds maintenance, and library for independent school district primarily serves a county purpose

GA-0012
Greg Abbott

County court at law judge's compensation must include amount equal to benefit-replacement pay received by a district judge if county court judge held office on August 31, 1995|Compensation must include amount equal to benefit-replacement pay received by district judge only if county judge held office on August 31, 1995, County court judge's|Benefit-replacement pay, compensation includes|Benefit-replacement pay|Compensation|Salary

GA-0013
Greg Abbott

Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivision

GA-0034
Greg Abbott

Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visible

GA-0037
Greg Abbott

Freeze vacant positions in elected county officer's office unless officer fills position by promoting existing county employee or obtains commissioners court's special permission, commissioners court may not|Transfer funds from one line item to another existing line item, commissioners court may in absence of emergency|Amend adopted budget where county does not face emergency, commissioners court may transfer funds at any time, but may not|Discretionary authority to approve budgeted expenditure requested by county officer, commissioners court generally has

GA-0039
Greg Abbott

Bolivar bridge project, Harris County may not participate in because no part of project lies within Harris County

GA-0051
Greg Abbott

Notice to elected officers of proposed salary and expenses for upcoming fiscal year, commissioners court must provide after it receives proposed budget from county judge so long as time is sufficient to allow aggrieved officer to file grievance and to have|Notice to elected officers of proposed salary and expenses for upcoming fiscal year, commissioners court must provide after it receives proposed budget from county judge so long as time is sufficient to allow aggrieved officer to file grievance and to hav

GA-0056
Greg Abbott

Registered sex offenders, local government may broadcast certain information about on local cable television station

GA-0059
Greg Abbott

Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate county purpose|Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate purpose

GA-0070
Greg Abbott

Thermal energy plant built for a building complex is a "facility" under subchapter H, chapter 271 of the Local Government Code|Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government Code|Jail facility, a county does not have implied authority to enter into a sale and leaseback of property to acquire a thermal energy plant in connection with a|Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into a|Facility|Civil engineering

GA-0080
Greg Abbott

Traffic rules applicable to county roads, county commissioners court may extend to roads in private subdivision and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles|Private subdivision's roads, commissioners court may amend order extending county traffic rules to|All-terrain vehicles, county commissioners court may extend traffic rules applicable to county roads to roads in private subdivisions and may subsequently amend order to except restrictions otherwise applicable to|Private subdivision, county commissioners court may extend traffic rules applicable to county roads to roads in and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles

GA-0081
Greg Abbott

Transfer of funds from one budget line to another, county amending budget by means of does not have to follow emergency expenditure provisions|New employee position, once commissioners court has authorized sheriff has sole control with regard to

GA-0085
Greg Abbott

County equipment, materials and labor, whether a county may maintain or work on private non-road property|Use of county equipment, materials and labor, whether a county may maintain or work on private non-road property|Dirt, authority of county to sell

GA-0088
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation|Public road, commissioners court may not discontinue until road designated as replacement is ready, but may abandon or vacate without such replacement

GA-0090
Greg Abbott

County real property, whether county commissioner may lease; relationship between chapter 171 of the Local Government Code and commissioner oath of office|Lease county real property, whether county commissioner may|Conflicts of Interest, whether county commissioner may lease county real property; relationship between chapter 171 of the Local Government Code and commissioner oath of office|Oath of office, whether county commissioner may lease county real property; relationship between chapter 171 of the Local Government Code and commissioner oath

GA-0093
Greg Abbott

Local option stock law election, in which a single ballot proposition combined proposals from a petition to restrain cattle with a petition to restrain horses or other animals, is invalid

GA-0099
Greg Abbott

District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential|Notwithstanding|Salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential

GA-0118
Greg Abbott

Preservation|Project|Purposes|Management|Specific|Records management and preservation fees, commissioners court and county clerk together must determine what specific records management and preservation purposes may be paid with|Records management and preservation fees, clerk and commissioners court together must determine specific records management and preservation purposes for which may be used, which may include salaries of clerk's office employees

GA-0128
Greg Abbott

Accident proximately caused by condition of a road to which public has right of access, liability in tort will depend on resolution of variety of questions|Maintenance of any particular county road, county's decision as to frequency of maintenance is matter for discretion of commissioners court|Public road, commissioners court may not permanently cease to maintain without formerly ordering that road be discontinued and designating alternative route

GA-0129
Greg Abbott

Stop signs, commissioners court order installing constitutes traffic regulation subject to hearing requirement|Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutes

GA-0132
Greg Abbott

County purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of offices|Purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of offices|Officer, purchasing agent employed and supervised by commissioners court under section 262.0115 of the Local Government Code is not an officer for purposes of incompatibility of offices

GA-0134
Greg Abbott

Property tax abatement agreement, county may not amend retroactively after liabilities for a given tax year are due and owing

GA-0136
Greg Abbott

County judge who owns a substantial interest in the business entity, business entity may sell fuel and oil products to the county only if has filed requisite affidavit and abstains from participation in the matter|Conflict of interest statute, business entity in which county judge owns a substantial interest may sell fuel and oil products to the county only if the county judge complies with

GA-0138
Greg Abbott

Public Information Act exception relating to criminal investigations does not preclude county commissioners from accessing county records they are otherwise entitled to review|Employee insurance records, subject to privacy constraints imposed by state and federal law an individual county commissioner is entitled to access|Health Insurance Portability and Accountability Act of 1996 Privacy Rule, whether Privacy Rule under HIPAA permits disclosure of medical insurance coverage information regarding a former commissioner and his wife is a question of fact and beyond scope of |Medical Practice Act makes confidential patient-physician communications and records and limits their disclosure and subsequent redisclosure|Health Insurance Portability and Accountability Act of 1996 Privacy Rule, whether Privacy Rule under HIPAA permits disclosure of medical insurance coverage information regarding a former commissioner and his wife is a question of fact and beyond the scope

GA-0139
Greg Abbott

Subdivision road, county's authority to accept dedication of and county's authority to remove obstruction of road not accepted for county maintenance|Road dedicated to public use but not accepted for county maintenance, owners of abutting property whose deed specifically references plat have enforceable easement in|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to remove|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to remove

GA-0154
Greg Abbott

Budget amendments by commissioners court order transferring amounts between budgeted items, authority of commissioners court to authorize budget officer to approve intradepartmental budget transfers

GA-0156
Greg Abbott

Venue project, authority of commissioners court to expand venue-project sales and use tax|Venue-project sales and use tax, authority of commissioners court to expend|Venue-project sales and use tax election, terms of the election pursuant to which county voters approved the tax constitute a contract with the voters and county is authorized to use venue-project funds for improvements only if the improvements are consis

GA-0158
Greg Abbott

County-owned vehicles, county may not print advertisement for privately owned business on|Advertisement for privately owned business, county may not print on county owned vehicle in exchange for donation from the business or lease of space on the vehicle with the business|Donation

GA-0162
Greg Abbott

Salary of elected officer may not be higher than that stated in published notice; salary adopted after county published invalid notice may not be increased beyond previous fiscal year's amount until subsequent budget cycle|Salary of sheriff may not be higher than that stated in published notice; salary adopted after county published invalid notice may not be increased beyond previous fiscal year's amount until subsequent budget cycle

GA-0176
Greg Abbott

Indemnification clause in county contract with appraisal district to provide 9-1-1 services, validity of|Indemnification clause in public contract, debt created by|Immunity of public agencies with respect to providing 9-1-1 services

GA-0189
Greg Abbott

Law enforcement agreement, counties may not by agreement authorize one county to extend its law enforcement jurisdiction into the other county. Counties may agree for the deputy sheriffs of one county to perform law enforcement services in another county|Constable is authorized to perform law enforcement services on property that extends into another precinct of the county|Interlocal agreement, counties may not by agreement authorize one county to extend its law enforcement jurisdiction into the other county. Counties may agree for the deputy sheriffs of one county to perform law enforcement services in another county, but|County may not by agreement authorize one county to extend its law enforcement jurisdiction into the other county. Counties may agree for the deputy sheriff's of one county to perform law enforcement services in another county, but only as officers of the|A constable may perform law enforcement services on property that extends into another precinct of the county

GA-0190
Greg Abbott

County airport land, procedures applicable to lease for airport purposes|Airport land, procedures applicable to lease for airport purposes|Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statute

GA-0193
Greg Abbott

Salary, a county may not pay a justice of the peace an amount over and above the justice's to perform an inquest or serve as a magistrate|Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrate

GA-0223
Greg Abbott

Condominium development, authority to regulate as a subdivision of land|Condominium development, county authority to regulate as a subdivision of land

GA-0229
Greg Abbott

Federal prisoners, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners in the county jail|County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners|Surplus federal property given as consideration for housing federal prisoners, title to would vest in the county rather than the sheriff, the jail, or the sheriff's department|Surplus federal property paid to county as consideration for housing federal prisoners would be included in county inventory and disposed of like any other county property|United States Marshals Service, sheriff is not authorized to contract with to house federal prisoners in the county jail

GA-0230
Greg Abbott

Subdivision regulation agreement, deadlines for completing a certified subdivision regulation agreement between a county and a municipality under section 242.0015 of the Local Government Code

GA-0235
Greg Abbott

Land for burial of deceased paupers, authority of county to purchase and maintain|Burial of deceased paupers, authority of county to purchase and maintain land for|Deceased paupers, authority of county to purchase and maintain land for burial of

GA-0244
Greg Abbott

Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be ded|Court-ordered mental health services, because Texas Mental Health Code provides that an application for court-ordered mental health services may be filed with the county clerk in the county in which the proposed patient resides, is found, or is already re|Court-ordered mental health services, Texas Mental Health Code does not generally require a court in a county where a state hospital is located to hear matters involving patients who are receiving services at a hospital pursuant to the order of a court in|Court-ordered mental health services, Texas Mental Health Code permits but does not require a court to hold a proceeding for court-ordered mental health services at the state hospital in the county or other location outside the county courthouse

GA-0247
Greg Abbott

Quantum meruit payments on contract awarded in violation of County Purchasing Act, commissioners court lacks authority to authorize|Ratification, commissioners court lacks authority to ratify contract awarded in violation of County Purchasing Act|County auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contract|County Purchasing Act, contract awarded in violation of Act is not void but may be voided by a court|Claims approval, county auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contract|Competitive bidding, county auditor who determines that the county awarded a contract without complying with the County Purchasing Act may not approve a claim for payment on the contract

GA-0277
Greg Abbott

Tape of executive session, commissioners court is proper custodian of|Executive session, release to county clerk of tape of, would not make tape public|Executive session, commissioners court has discretion as to whether to admit county clerk to its|Executive sessions, commissioners court has discretion as to whether to admit county clerk to its

GA-0284
Greg Abbott

Compensation|Political subdivision of the state, a navigation district is|Retirement and medical benefits for navigation district commissioners and their dependents, the authority to determine whether the district will provide lies with the district board|Navigation district commissioners' compensation, a commissioners court's authority to set does not include authority to determine whether the navigation district may provide the district commissioners with retirement and medical benefits

GA-0295
Greg Abbott

Ex officio road commissioner system, administration of roads under|No county roads in unincorporated area of one precinct, administration of roads under ex officio road commissioner system may continue when there are|Ex officio road commissioners of two precincts may not jointly hire employees to work in both precincts|Ex officio road commissioner may not contract with public or private entity to perform road work in precinct|Ex officio road commissioners, service by county commissioner as|Road and bridge fund, commissioners court has broad discretion to allocate among precincts, subject to judicial review and abrogation for abuse of discretion

GA-0301
Greg Abbott

Paupers' remains, authority to provide for disposition of by cremation|Paupers' remains, commissioners court's authority to provide for disposition of by cremation|Cremation of paupers' remains, commissioners court's authority to provide for

GA-0302
Greg Abbott

County contract may not include term, such as a choice of law provision, that incorporates the law of another state that overrides or negates state statutes|Where a county has express authority to contract, it has implied authority to negotiate terms of the contract

GA-0308
Greg Abbott

Allocation of county property, a commissioners court is permitted to adopt a county budget in which a county vehicle that has been allocated to one county officer is reallocated to another county officer|Allocation of county property, the commissioners court's budget-making authority is limited to the extent that its refusal to approve a requested expenditure precludes an elected officer from carrying out the legal responsibilities of the office

GA-0313
Greg Abbott

Fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and costs|Collect justice-court fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and co

GA-0319
Greg Abbott

Extraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes county to construct and maintain part of road therein to the extent that county road construction standards apply\r\n\r\nSubdivision roads, Transportation Code |County authority under Transportation Code chapter 253 to construct and maintain subdivision roads in unincorporated area and assess costs to landowners\r\n\r\nExtraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes

GA-0332
Greg Abbott

Collections department under authority of county treasurer for collection of criminal fines and fees, article 103.0031 of the Code of Criminal Procedure does not authorize commissioners court to establish|Criminal fines and fees, county treasurer is not authorized to collect by article 103.0031, Code of Criminal Procedure|Clerk of county or statutory county court, judge of county or statutory county court is not authorized to appoint

GA-0338
Greg Abbott

Civil Practice and Remedies Code section 75.002, subsection (f) and (g) do not apply to the state, a county, or a municipality that owns, operates, or maintains its premises for bicycle-related recreational activities|Civil Practice and Remedies Code section 75.002, subsections (f) and (g) do not apply to the state, a county, or a municipality that owns, operates, or maintains its premises for bicycle-related recreational activities

GA-0340
Greg Abbott

Court-related purposes|Open courts provision requires fees charged to litigants to be used only to support judiciary|Budget-making authority is vested in commissioners court|Expired budget, commissioners court has no authority to amend|Special account in county general fund, authority of commissioners court to establish|Special budget, no authority for commissioners court to prepare budget separate from general county budget "excess contributions" remitted to county under Local Government code section 26.008

GA-0345
Greg Abbott

Donation of a private road or donations to maintain road, counties with populations that exceed 5,000 must follow procedures outlined in chapter 253 or 281 of the Transportation Code to bring a private road into the county road system before the county may accept

GA-0348
Greg Abbott

Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving as|State Commission on Judicial Conduct, whether Canons of Judicial Conduct prohibit municipal judge from concurrent service as county commissioner is question for|Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial Conduct

GA-0350
Greg Abbott

Assistant county attorney, commissioners court's role in appointment process|Appointment of assistants, role of county commissioners court|Dual office holding or incompatibility, a county attorney may serve as an unpaid assistant county attorney in a neighboring county without violating prohibition against|Assistant county attorney is not an officer|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the constitutional prohibition of dual office holding|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the common-law doctrine of incompatibility

GA-0353
Greg Abbott

Operating funds for indigent medical care services, county must transfer to newly created hospital district|Where newly created hospital district does not comprise the entire county and where the statute does not provide formula by which to apportion operating funds for indigent medical care services between county and newly created hospital district, determination of method of allocation lies with the discretion of the commissioners court, subject to judicial review|Discretion

GA-0359
Greg Abbott

Private road, a county may not repair|Subdivision road, a county may repair but the road will thereby become part of the county road system

GA-0361
Greg Abbott

County election commission is not subject to the Open Meetings Act|"Deliberative body that has rulemaking or quasi-judicial powers," construing the phrase|Deliberative body that has rulemaking or quasi-judicial powers

GA-0366
Greg Abbott

Drainage charge, an interlocal contract entered into in accordance with section 242.001 or 791.011 of the Local Government Code may not authorize a county to assess on behalf of a municipality with a drainage utility system|Drainage charge, an interlocal contract between a county and a municipality may not authorize the county to assess on behalf of a municipality with a drainage utility system|Drainage charge adopted under chapter 402, Local Government Code, is not a "regulation[] related to plats, subdivision construction plans, and subdivisions of land as authorized by . . . [a statute] applicable to municipalities and counties that will be enforced in the extraterritorial jurisdiction" for purposes of section 242.001(d)(4)(B), Local Government Code; accordingly, a county may not assess a drainage charge under an agreement entered into in accordance with section 242.001(d)(4)(B)|Municipal drainage utility system, an interlocal contract between a county and a municipality that has adopted a may not authorize the county to assess a drainage charge on behalf of the municipality

GA-0367
Greg Abbott

Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in rabies vaccination certificate and made confidential under chapter 826 of the Health and Safety Code|Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in

GA-0370
Greg Abbott

Immune from a suit for back pay brought by a judge who was under-compensated, a county is|Back pay under section 25.0005(a) of the Government Code, a judge's suit for is subject to a four-year statute of limitations; governmental immunity bars suit for against county

GA-0380
Greg Abbott

Newspaper of general circulation, there is no legal requirement that a governmental body required to publish notice in a newspaper of general circulation affirmatively determine whether the publication is a|Newspaper of general circulation, because county actions are subject to challenge based on defective notice and because an adopted order would serve as some evidence for a reviewing court, a county commissioners court would be well served to determine whether a publication is a|Newspaper of general circulation

GA-0383
Greg Abbott

Quantum meruit, a commissioners court may not award such damages for the reasonable value of benefits received under an implied contract unless the county auditor has approved the claim|Quantum meruit, a county commissioners court may not award such damages for the reasonable value of benefits received under an implied contract unless the county auditor has approved the claim

GA-0388
Greg Abbott

County school funds, Chambers County may not contract with a bank to invest or manage its permanent school fund|County school funds, Chambers County may not contract with a bank to invest and manage its permanent school fund|County school lands, Chambers County may not contract with a bank to invest and manage its permanent school fund

GA-0405
Greg Abbott

County permanent school fund and available school fund, distribution among school districts in a county|School trust funds; distribution by commissioners court of corpus of the county permanent school fund among school districts in a county; distribution by county judge of the available school fund among school districts in a county|County permanent school fund and available school fund, distribution by commissioners court among districts in a county

GA-0426
Greg Abbott

Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplement|State supplement to county judge's salary if at least 40 percent of functions he performs are judicial functions|Transfer of funds from one item in county budget to another to make payments with respect to county judge's state salary supplement|Magistrate, service as is a judicial function|Magistrates of the county, including district judges, county judges, judges of the county courts at law, the judges of statutory probate courts, justices of the peace, and city judges have a mandatory duty to give statutory warnings to arrested person brought before them|Judicial function

GA-0430
Greg Abbott

County road right-of-way, county commissioners court may order the removal of the manufactured homes from|Manufactured homes, county constable is not authorized by section 545.3051 of Transportation Code to remove from the right-of-way of a county road|Manufactured homes, county constable is not authorized by section 545.3051 of Transportation Code to remove from the right-of-way of a county road\r\n

GA-0446
Greg Abbott

Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply to|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176 of the Local Government Code|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of the Local Government code, local governmental entity has no affirmative duty to|Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code is|Business relationship requiring disclosure under chapter 176 of Local Government Code, personal or business interest bearing savings account generating taxable income is|Professional service contracts, disclosure requirements of chapter 176 of Local Government Code apply to|Absent business relationship or affiliation, person subject to chapter 176 of Local Government Code must file conflict of interest questionnaire even though|Family member of local government officer, person subject to chapter 176 of Local Government Code must comply with its disclosure requirements even if a|Persons acting as agents of legal entities are independently subject to disclosure requirements of chapter 176, Local Government Code|Mere adoption of list of various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "describe" the required relationships and affiliations and therefore does not comply with chapter 176 |Providing incomplete list of the various entities and relationships provided by the local governmental entity, person subject to chapter 176 of Local Government Code does not "identify and describe" all of the required relationships and affiliations and therefore does not comply with chapter 176|Chapter 176 of Local Government Code, contract with local governmental entity is not void because person failed to comply with disclosure requirements of|Existing contracts with local governmental entity, chapter 176 of Local Government Code does not include|Goods and services at reduced prices, chapter 176 of Local Government Code includes contracts offering|Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty to|Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of Local Government Code should be retained according to entity's|Enforce requirements of chapter 176 of Local Government Code, local governmental entity has no affirmative duty to|Notify persons of applicability of chapter 176 of Local Government Code, local governmental entity has not affirmative duty to |Disclosure requirements of chapter 176 of Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with|Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of Local Government Code is|Contracts or seeks to contract|Business relationship|Affiliation|Or

GA-0466
Greg Abbott

Rabies control authority in unincorporated areas of county, commissioners court must designate officer to act as|Rabies control authority, commissioners court may designate constable to act as, but is not required to do so

GA-0470
Greg Abbott

Salaries, sheriff's and constable's may not be increased mid-budget-year|Justice Assistance Grant funds, a county may not use to increase the sheriff's or a constable's salary mid-budget-year or to pay the sheriff or constable overtime, but may use to pay a constable for services rendered as a deputy sheriff|Deputy sheriff, a constable may be compensated for work performed as|Overtime compensation, a sheriff or constable may not receive|Salary, a sheriff or constable may not receive an unbudgeted increase in the middle of a budget year

GA-0471
Greg Abbott

Drainage easements and right-of-way, disposing of abandoned|Drainage easements and rights-of-way, disposing of abandoned|Drainage principle|Public road|Highway

GA-0472
Greg Abbott

Hospital district, ambulance service, whether required to provide|Hospital district, physician contract|Ambulance service, whether required to provide|Physician contract|Hospital district, physician services contract|Closed meeting, attorney exception|Closed meeting, economic development exception|Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to

GA-0473
Greg Abbott

Employ road administrator when unable to employ licensed professional engineer, county operating under county road department system is authorized under section 252.304 of Transportation Code to|Licensed professional engineer, county commissioners court authorized to hire road administrator under section 252.304 where unable in fact to employ|County road administrator, county commissioners court authorized by section 252.304 of Transportation Code to hire when unable in fact to employ licensed professional engineer

GA-0480
Greg Abbott

Use of county vehicles|Off-duty use of patrol vehicles, authority to permit

GA-0492
Greg Abbott

Equal protection, county employees' incentive plan does not violate constitutional guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court|Incentive plan for certain county employees does not violate equal protection guarantee by allowing bonuses only to a full-time employee whose job performance has been favorably evaluated and whose department head has implemented a business plan approved by the commissioners court|Employee incentive plan, a county commissioners court may not provide bonuses under for work performed before the plan was adopted

GA-0503
Greg Abbott

Duties not assigned by law, the commissioners court may delegate to an appropriate elected county official|Personnel officer duties, the commissioners court may delegate to the county treasurer if the commissioners court determines that the treasurer is an appropriate county official to handle such duties

GA-0509
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation

GA-0513
Greg Abbott

Dedication of subdivision road, effect of county’s qualified acceptance\r\n

GA-0523
Greg Abbott

Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorney|Unbudgeted expenditure for legal expenses for criminal defense of criminal district attorney, commissioners court's authority to pay|Criminal district attorney is not an employee or officer of a "state agency, institution, or department," entitled to indemnity for legal expenses under chapter 104 of the Government Code

GA-0533
Greg Abbott

Contraband, sale by county|Conditioning sale of gambling contraband on agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n |Authority of commissioners court to condition sale of seized gambling contraband on bidder’s agreement to remove such property to jurisdiction in which the property’s use is not illegal\r\n\r\n

GA-0534
Greg Abbott

County jail commissary account, a county may enforce a county-jail inmate’s obligation to reimburse the county for medical, dental, and health-related services received during a previous incarceration by deducting the amount from funds in the inmate’s during a subsequent incarceration|Commissary account, a county may enforce a county-jail inmate’s obligation to reimburse the county for medical, dental, and health-related services received during a previous incarceration by deducting the amount from funds in the inmate’s during a subsequent incarceration\r\n

GA-0543
Greg Abbott

Duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s remains by cremation\r\n|County’s duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s remains by cremation\r\n

GA-0552
Greg Abbott

Clinic in adjacent county, a county operating a hospital under Health and Safety Code chapter 263 may acquire if commissioners court determines the acquisition is necessary for hospital purposes

GA-0553
Greg Abbott

Conveyance of public money or thing of value, authority of counties to contractually provide county law enforcement services to a nongovernmental association|Non-delegation, authority of counties to contractually provide county law enforcement services to a nongovernmental association|Law enforcement services, county's authority to contractually provide law enforcement services to a nongovernmental association|County's authority to contractually provide law enforcement services to a nongovernmental association

GA-0560
Greg Abbott

Justice Court Technology Fund may not be used for constable education and training|Purchase of computer from Justice Court Technology Fund, whether purchase for constable serves as technological enhancement for justice court is fact question to be determined by commissioners court

GA-0562
Greg Abbott

Gifts and donations, district attorneys generally lack authority to accept|Gifts and donations to compensate district attorney's employees, commissioners court's authority to accept

GA-0566
Greg Abbott

Internet database for information from court case documents held by district and county clerks, authority of commissioners court to authorize and to provide remote online access under contract|Internet database for information from court case documents held by district and county clerks|Internet database for information from court case documents, access online in clerk's office must be free of charge but remote online access is subject to fee established by commissioners court under contract|Criminal case information compiled in a computerized database is not confidential criminal history information

GA-0576
Greg Abbott

Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Streets, a county may use road bonds issued under article III, section 52(b) and (c) of the Texas Constitution to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Integral

GA-0578
Greg Abbott

Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to|Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve|Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a|Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to|Appointment of judges for the 444th and 445th Judicial District courts, Governor is required to make appointments as vacancy exists in each court

GA-0580
Greg Abbott

County budget officer, authority to appoint county judge as

GA-0582
Greg Abbott

Mass gathering, single permit for a mass gathering may not be issued for multiple events|Mass gathering

GA-0583
Greg Abbott

Conveyance of thing of value, authority of county to purchase and then lease generator to a radio station|County authority to purchase and then lease generator to a radio station

GA-0594
Greg Abbott

Plat, approval by commissioners court as prerequisite for filing with county clerk|Commissioners court's approval of plat for filing with county clerk does not constitute acceptance of dedication of private roads to the public|Dedication of roads in subdivision plat not effective until accepted on behalf of public by commissioners court|Plat of subdivision outside of municipality, approval by commissioners court as prerequisite for filing with county clerk

GA-0600
Greg Abbott

Tax abatement agreements, authority of commissioners court to grant when the subjects of the agreement are fixtures and improvements owned by a wind turbine company and are to be located on the property of a member of the commissioners court

GA-0601
Greg Abbott

County funds, authority to fund water district|Water district, authority to fund |Fox Crossing Water District, Mills County's authority to fund

GA-0602
Greg Abbott

Venue project, Terrell County may not borrow money to pay to construct|Venue project, Terrell County may not borrow money

GA-0613
Greg Abbott

Juvenile detention facilities, commissioners court authorized to purchase or lease out-of-county land to provide|Forfeiture funds acquired under article 59.06 of Code of Criminal Procedure may not be used to acquire juvenile detention facility for the county|Official purposes of district attorney's office do not include acquisition of juvenile detention facilities for county|Primary function of office is to prosecute the pleas of the state in criminal cases|Solely

GA-0616
Greg Abbott

County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from

GA-0618
Greg Abbott

Bills and accounts of the county hospital, county auditor must examine and approve before the commissioners court may order payment|Refuse to approve a payment of county funds on the grounds that payment is prohibited by law, county auditor has reasonable discretion to |County auditor has reasonable discretion to refuse to approve a payment of county funds for hospital bill on the grounds that payment is prohibited by law |Redress to the courts, challenge of the county auditor's discretionary refusal to approve a claim is made through |County auditor has reasonable discretion to refuse to approve a payment of county funds on the grounds that payment is prohibited by law

GA-0620
Greg Abbott

Individual members, before commissioners court adopts a budget it must provide written notice of proposed salary reduction to|Individual members of commissioners court, before commissioners court adopts a budget it must provide written notice of proposed salary reduction to|Salary grievance committee, before it adopts a budget the commissioners court must consider recommendations of|Salary change, failure to provide written notice to individual county officials of salary change prohibits commissioners court from altering salary from prior year

GA-0624
Greg Abbott

Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Texas Commission on Environmental Quality|Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Commission

GA-0628
Greg Abbott

County pruchase and resale of construction or other heavy equipment, applicability of competitive bidding statutes

GA-0638
Greg Abbott

Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure|Records management and preservation fee collected under article 102.005(f) of Code of Criminal Procedure, allocation to district clerk's recrods management and preservation fund|Records management and preservation fund, a county clerk may not expend money from the clerk's fund with the commissioners court's approval|Records management and preservation fund, a county clerk may not expend money from the fund without the commissioners court's approval|County clerk's records management and preservation fund, the treasurer may not pay a request by the county clerk to expend money from the fund unless the commissioner court has approved the expenditure|Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure, use and distribution of

GA-0639
Greg Abbott

Motor vehicle certificate of title fee, tax assessor-collector does not have authority to award fee as extra compensation to salaried employees

GA-0648
Greg Abbott

Fact questions cannot be answered in an attorney general opinion|Subdivision plats, authority over in county’s unincorporated area|Extraterritorial jurisdiction of city, county and city required to enter into contract authorizing one set of subdivision and platting regulations in|Construction of does not involve an abstract issue of law but an issue of law predicated upon the facts of the individual case|Subdivision plats in extraterritorial jurisdiction, municipal authority over|Technical term not defined by statute, court may interpret statute in the light of expert testimony about the particular art, science, or trade

GA-0652
Greg Abbott

Unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Ratification and payment of unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Indigent health care services invoices in excess of amount budgeted for that purpose\r\n|Indigent health care services invoices in excess of amount budgeted for that purpose, whether unconstitutional debt

GA-0656
Greg Abbott

Employment policy, adopted by the county commissioners court, that prohibits the rehire of an individual whose employment relationship with the county terminated within one year of the proposed rehiring does not apply to an appointment by the constable

GA-0658
Greg Abbott

Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speech

GA-0659
Greg Abbott

County road, status of in light of adoption of a surveyor report relocating county line

GA-0661
Greg Abbott

Performance bonus based on achievement of preset performance goals, commissioners court may not pay to elected county officials

GA-0664
Greg Abbott

Public funds, grant of county funds to school district or charter school

GA-0671
Greg Abbott

Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of office

GA-0682
Greg Abbott

Hotel occupancy tax, expenditure of revenue from tax on "key person insurance" policy as an authorized administrative costs|Administrative costs|Key person insurance

GA-0683
Greg Abbott

Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establish|Electronic monitoring

GA-0693
Greg Abbott

Commissioners courts, whether they are authorized to remove structures from the right-of-way that they deem to be safety hazards|Rights-of-way on county roads established by implied dedication or prescription, whether they extend beyond the area traveled

GA-0694
Greg Abbott

Statutory county court judge, whether, under Government Code section 25.0005(a)the judge is entitled to longevity pay calculated in accordance with Government Code section 659.0445|Longevity pay calculated under Government Code section 659.0445, whether a statutory county court judge is entitled to under Government Code section 25.00005(a)|Contribution\r\n\r\nSalary\r\n\r\nSupplement

GA-0696
Greg Abbott

Foreign language interpreter on district attorney’s staff, decisions about funding are made by the commissioners court in the budget process, subject to judicial review for abuse of discretion|Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trials

GA-0699
Greg Abbott

Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted

GA-0703
Greg Abbott

Remove fencing from county road right-of-way, authority of county commissioners court to

GA-0706
Greg Abbott

Lease of county property under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section|County property leased under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section

GA-0714
Greg Abbott

County contract with a private entity for the collection of delinquent fines, fees, and court costs, does not unconstitutionally deprive the criminal district attorney of his authority to prosecute

GA-0715
Greg Abbott

Discretion to provide medical insurance for juvenile board, county commissioners have|Eligibility for county medical insurance, juvenile board members|Compensation|Medical insurance, included within the term "compensation"

GA-0722
Greg Abbott

Fee, county may impose on a person or entity for cuts of a county road surface in connection with installing maintaining, or repairing person’s or entity’s facilities or properties\r\n\r\n|Excavating or cutting the surface of a county road, activities of do not include boring or tunneling under a county road|Excavate|Object (of a verb)

GA-0730
Greg Abbott

District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interest|Space leased by the county District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interest

GA-0739
Greg Abbott

Premiums paid on group health, accident, and life insurance policies by a single nonprofit trust established to provide coverage for employees of municipalities, counties or hospital districts, subsection 222.002(c)(5) of the Insurance Code excludes from the imposition of insurance premium taxes|Comptroller’s interpretation of single nonprofit trust to mean that the trust can be used only for the purpose of paying insurance premiums is reasonable; however, limiting use of the funds to only paying premiums and prohibiting trust funds from being used to cover other expenses in furtherance of the trust’s purpose is contrary to the statute

GA-0744
Greg Abbott

Electronic transfer of county funds by county treasurer, county auditor’s authority to require prior approval of

GA-0751
Greg Abbott

County vehicle, use of by county employee’s to transport a passenger who is not a county officer or employee

GA-0755
Greg Abbott

Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code; county has no duty to pay under Local Government Code section 157.901; forfeiture funds cannot be used to pay under Code of Criminal Procedure article 59.06(c)(1)|Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901|Legal fees of district attorney; county has no duty to pay under Local Government Code section 157.901|Forfeiture funds under Code of Criminal Procedure article 59.06(c)(1), cannot be used to pay legal fees for defense of district attorney\r\n|Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code

GA-0764
Greg Abbott

District court, duty to provide certain funding for|Appointed judge, taking oath of office\r\n\r\nAppointed judge, length of service\r\n\r\nNewly-created district court, vacancy in\r\n\r\nTerm of office, district judge\r\n\r\nVacancy in, filling|Mandamus, not subject to\r\n\r\nVacancy in district court, authority to fill|Succeeding

GA-0769
Greg Abbott

Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner’s seat under particular circumstances

GA-0770
Greg Abbott

Utility company contracting with a county to collect the fees for the county’s solid waste disposal under Subsection 364.034(d)(2), Health and Safety Code, is authorized to suspend its own utility service for nonpayment of the county’s solid waste disposal fee

GA-0778
Greg Abbott

Employees, clerk’s implied authority to set the working conditions for and dismiss early because of a thunderstorm and resulting power outage in the county courthouse|Commissioners court may amend the budget to reduce the salaries of county clerk’s employees, but may not do so to recoup payment to employees for the time period that the clerk dismissed them because of a thunderstorm and resulting power outage in the county courthouse

GA-0783
Greg Abbott

Local option election; county payment for expenses of|Local option election, when petitioners must make deposit to file petition|Local option elections

GA-0793
Greg Abbott

County road right-of-way, a school district has no right to install fiber-optic cable in|A school district has no right to install fiber-optic cable in a county road right-of-way|Install telecommunications equipment in the right-of-way of a public road, no right to absent statutory authority|Right-of-way

GA-0799
Greg Abbott

Discretionary authority to establish, increase, decrease, or eliminate the compensation paid \r\nto the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources Code

GA-0814
Greg Abbott

Revenue from the sale of prepaid phone cards in the county jail commissary should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the county|Prepaid phone cards, revenue from the sale of in the county jail commissary, should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the county|Authority to adopt rule that increases the number of training hours required for an employee of a day-care center or group day-care home from that set out in statute

GA-0816
Greg Abbott

Usurpation of the statutory duties of the Dallas County Criminal District Attorney, if the Dallas County Commissioners Court, after deciding to employ special counsel, selected special counsel to represent the county in a civil lawsuit brought by or against the county without the consent or approval of the Criminal District Attorney it would be an|Dallas County Criminal District Attorney has the exclusive duty to represent Dallas County in criminal matters, but does not have a corresponding exclusive duty to represent Dallas County in all civil matters|Because the Legislature has expressly provided that the commissioners court may employ special counsel and has placed certain conditions on the exercise of that power, such conditions must be observed if the authority is to be exercised\r\n\r\nAction taken by the county commissioners court in excess of its authority is void

GA-0817
Greg Abbott

County ethics commission statutory scheme, Legislature must resolve any inherent conflict of interest created by\r\n\r\nRequests for opinions regarding the propriety of a county attorney’s representation of a particular client in a particular circumstance should be addressed by the Committee on Professional Ethics|El Paso County Ethics Commission would improperly usurp the county attorney’s authority if outside legal counsel were hired to represent the Commission over the objection of the county attorney

GA-0831
Greg Abbott

District Attorney of the 34th Judicial District and his attorneys are county public servants subject to the El Paso County Code of Ethics when and to the extent they participate in the performance of a county governmental function|County governmental function, the term county public servant in subsection 161.002(8)(C), Local Government Code, includes attorneys at law when participating in the performance of a|Non-attorney staff of a district attorney, because they are not county public servants, are not subject to the El Paso County Code of Ethics|El Paso County Code of Ethics, when and to the extent they participate in the performance of a county governmental function the District Attorney of the 34th Judicial District and his attorneys are county public servants subject to the|El Paso County Code of Ethics, because they are not county public servants, the non-attorney staff of a district attorney, because they are not county public servants, are not subject to the

GA-0834
Greg Abbott

Demand deposits of local government are governed by chapter 2257 of the Public Funds Collateral Act rather than chapter 2256 of the Public Funds Investment Act

GA-0835
Greg Abbott

Takings, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053|Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053

GA-0839
Greg Abbott

Authority of a county judge to unilaterally grant access to county financial records to a volunteer financial consultant

GA-0855
Greg Abbott

Emergency medical treatment of a local jail detainee, Texas Health and Safety Code section 773.008(2) does not, independent of any other statutory authority or procedure, authorize a court to order emergency medical treatment of a local jail detainee

GA-0857
Greg Abbott

County commissioners court exercising its authority under subsection 157.021(a), Local Government Code, establishing a 40-hour workweek for county employees may withhold partial salaries and benefits of county employees working less than the required hours so long as doing so does not preclude an independent, elected officer from fulfilling his or her core functions|Without discretion to withhold the payment of unbudgeted overtime, under subsection 157.021(b)(1), Local Government Code, when an emergency has been declared by a county or district officer, a county commissioners court is|County commissioners court may be precluded from seeking to recoup salary payments from employees for the time period the employees were dismissed by the officer’s declaring an emergency under subsection 157.021(b)(1), Local Government Code, if such an action prevents an elected officer from performing his or her core duties|County commissioners court may not without consent presume to deduct the emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowances|Commissioners court exercising its authority under Local Government Code subsection 157.021(a) to establish a 40-hour workweek is implicitly authorized to mandate the method of timekeeping used by county employees|Withhold partial salaries and benefits of county employees working less than the required established workweek, so long as it does not preclude an independent, elected officer from fulfilling his or her core functions, a county commissioners court exercising its authority under subsection 157.021(a), Local Government Code, may|Salary payments from employees for the time period the employees were dismissed by an officer’s declaring an emergency under subsection 157.021(b)(1), Local Government Code, if such an action prevents an elected officer from performing his or her core duties, a county commissioners court may be precluded from seeking to recoup|Emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowances, County commissioners court may not without consent presume to deduct the|Method of timekeeping used by county employees, Commissioners court exercising its authority under Local Government Code subsection 157.021(a) to establish a 40-hour

GA-0858
Greg Abbott

Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion Committee|Project labor agreement

GA-0865
Greg Abbott

GA-0051 and GA-0620 correctly construed sections 152.013 and 152.016 of the Local Government Code|An elected county or precinct officer aggrieved by the setting of the officer’s salary may request a hearing before the salary grievance committee if, among other things, the request is delivered to the grievance committee chair within five days after the day the officer receives notice of the salary

GA-0870
Greg Abbott

Recall election, municipal charter recall election provisions impose upon a city council the ministerial duty, subject to compulsion by mandamus, to order the \r\n\r\nCounty judge, Texas law does not authorize a municipal recall election to be ordered by a|City council, municipal charter recall election provisions impose a ministerial duty, subject to compulsion by mandamus, upon the|County judge, Texas law does not authorize a municipal recall election to be ordered by a

GA-0872
Greg Abbott

Commissioners court’s emergency budget amendment, a county auditor has no independent authority to refuse to create budget lines pursuant to a|Officer to whom the Legislature has assigned a clerical function associated with payroll preparation, if a county human resources director is such an officer he could perform county payroll preparation duties|Countersign a county check, only the county auditor and her qualified assistants may|Any task associated with payroll preparation duties, the Legislature has not assigned a county human resources director

GA-0885
Greg Abbott

Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility Authority

GA-0903
Greg Abbott

Property Code section 52.006, if the county has obtained a bail bond forfeiture judgment in favor of the state, that judgment does not become dormant under|Texas Code of Criminal Procedure article 17.22, any person who has signed as a surety on a bail bond and is in default thereon is prohibited from subsequently signing as a surety in a county without a bail bond board until the default is rectified under

GA-0912
Greg Abbott

Although no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts, the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct

GA-0920
Greg Abbott

Cash could constitute seized and forfeited property under section 24.377 of the Texas Government Code|Expenditures can be made from a district attorney’s asset forfeiture fund after those expenditures are approved by a regional review committee under section 24.377 of the Texas Government Code|County commissioners courts and a regional review committee are two of the entities that may approve expenditures from a district attorney’s asset forfeiture fund

GA-0925
Greg Abbott

Emergency services district in Navarro County, November 6, 2012 is the next available date to hold election to create|Next available date to hold election to create emergency services district in Navarro County is November 6, 2012

GA-0929
Greg Abbott

A commissioners court that acts to remove a proposed raise from the budget at the final budget hearing without giving additional notice to county officers and without giving the elected officials a chance to seek redress from the salary grievance committee acts contrary to the requirements of chapter 152 of the Local Gov\\'t Code|County budget, a district court’s supervisory jurisdiction could be invoked to seek a determination whether the commissioners court acted beyond its jurisdiction or clearly abused its discretion in adopting the|Proposed salary increases, county and precinct officers here are not entitled to the

GA-0930
Greg Abbott

Restrictions, limitations, or exemptions to a burn ban issued under Local Government Code subsection 352.081(c), the Legislature has authorized a commissioners court to adopt|Regulating the outdoor burning activities described in Local Government Code subsection 352.081(f), the Legislature has prohibited a commissioners court from|Burn Bans - the Legislature has authorized a commissioners court to adopt restrictions, limitations, or exemptions to burn ban issued under Local Government Code subsection 352.081(c).|Burn Bans - commissioners court authorized by Local Government Code subsection 352.081(c) to adopt restrictions, limitations, or exemptions to burn ban

GA-0934
Greg Abbott

All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beach|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle\r\n\r\nAll terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach|All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach

GA-0937
Greg Abbott

Reconcile checks and orders for payment payable from funds that are under direct authority of other county officials, if those officials are unable or unwilling to perform the reconciliation themselves a county treasurer must do so pursuant to section 113.008, Local Government Code

GA-0938
Greg Abbott

Constable may not provide law enforcement services for a fee to private property owners association outside constable\\'s precinct under section 351.061 Local Government Code

GA-0941
Greg Abbott

Commissioners court may appoint member to governing board of emergency services district on date prior to January 1 of the year the term of office begins

GA-0952
Greg Abbott

County Court at Law official court reporter, authority to set the salary and hours of work

GA-0953
Greg Abbott

Article VIII, section 1-g(b) of the Texas Constitution and chapter 311 of the Tax Code, a county may not issue tax increment financing bonds in the same manner as a city under \r\n\r\nArticle VIII, section 1-g(b) of the Texas Constitution, a county qualifies as a \\"political subdivision\\" as that term is used in

GA-0958
Greg Abbott

County school land, authority of commissioners court to accept lease requiring lessee to make expenditures for land management and maintenance

GA-0968
Greg Abbott

Contract with voters; representations and statements preceding an election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project|Contract with voters; representations and statements preceding election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project

GA-0973
Greg Abbott

Accrual of penalty and interest on delinquent ad valorem taxes after county purchases real property

GA-0977
Greg Abbott

Security, form of collateral required to meet security amount requirements under Occupations Code section 1704.160 for bail bond surety license holders in counties with bail bond boards

GA-0978
Greg Abbott

Directive that removes the county auditor from the process of countersigning checks or warrants, whatever the scope of the \\"accounting procedures\\" that the fiscal officer of the Cherokee County Supervision and Corrections Department may prescribe, they may not include a|Review officer to a standing preliminary review committee, pursuant to subsection 161.1551(b)(2) of the Local Government Code a member of a county ethics commission may not be a

GA-0981
Greg Abbott

Tax increment bonds, authority of counties to issue

GA-0988
Greg Abbott

Solid waste disposal services, county authority to provide such services by contract or otherwise to persons in a municipality\\'s extraterritorial jurisdiction

GA-0994
Greg Abbott

Policy manual, authority of county commissioners courts to require sheriff to produce sheriff\\'s office policy manual for approval|Policy manual, authority of county commissioners court to require sheriff to produce sheriff\\'s office policy manual for approval

GA-0997
Greg Abbott

Bond forfeiture collections, Government Code section 41.005 authorizes a district attorney to separate a portion of as a commission without approval of the commissioners court|Commission on bond forfeiture collection shall be deposited in the county treasury in a fund to the credit of the person or department collecting the money|Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authority

GA-1001
Greg Abbott

Local Government Code subsection 81.005(a) is directory|Pursuant to Local Government Code subsection 81.005(h), a county commissioners court may change the designated day of the week it convenes during the county\\'s current fiscal year.|Because Local Government Code subsection 81.005(a)is a directory statute, it is unlikely that a reviewing court would invalidate a commissioners court order, tabled from the prior fiscal year, that designates a new day in the current fiscal year|Pursuant to Local Government Code subsection 81.005(h), a county commissioners court may change the designated day of the week it convenes during the county\\'s current fiscal year

GA-1007
Greg Abbott

Subdivision, a county may regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks|Subdivision, a county may generally regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks

GA-1010
Greg Abbott

A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roads|Local Government Code section 81.032, commissioners court has broad discretion to accept donations of money with reasonable conditions attached when doing so would further the county\\'s road building and maintenance duties, under

GA-1013
Greg Abbott

Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county\\'s right-of-way.|Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county\\'s right-of-way|Transportation Code sections 251.003, 251.016, and 251.017 authorize a commissioners court to require a permit and charge a fee for installing an access point to a county road|Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county road|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses of the Texas and United States Constitutions unless something about the industry makes it uniquely deserving of special permitting requirements|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.

GA-1014
Greg Abbott

Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the|Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept|Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the|Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept|Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants or donations for the

GA-1018
Greg Abbott

Commissioners Court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official|Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official|County Attorney, Commissioners Court authority to prohibit animals in a county courthouse that includes the offices of the county attorney|Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of a county attorney

GA-1022
Greg Abbott

Pursuant to Health and Safety Code chapter 775, two emergency services districts may overlap in territory but may not provide duplicative services in any territory where they overlap

GA-1032
Greg Abbott

Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court|Additional staff - if the 105th District Court determines that additional staff is needed to aid court in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff|Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court.|Additional staff - if the 105th District Court determines it needs additional staff to aid in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff.

GA-1039
Greg Abbott

Pretrial intervention program funds collected pursuant to Code of Criminal Procedure article 102.0121 - expenditures must be made in accordance with a budget approved by the commissioners court and must relate to a defendant\\'s participation in or to administration of the program|County attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|Criminal district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|District attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|County attorneys, criminal district attorneys and district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.

GA-1041
Greg Abbott

Voice Over Internet Protocol services \\"VOIP\\" - No Texas statute or administrative rule expressly prohibits a county from offering inmates VOIP services; provision of VOIP services must comply with the Commission on Jail Standards requirements for inmate telephone services as well as any other applicable state and federal regulations|Voice Over Internet Protocol services \\"VOIP\\" - A county may only charge a fee for the service if the fee is designed to recover the costs directly and reasonably incurred in providing the service|Proceeds generated from an inmate telephone contract are county funds, and they may be used for any legitimate county purpose.

GA-1042
Greg Abbott

Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase \\"total annual salary received by a district judge in the county\\" includes salaries received by district judges serving in in multi-district counties.|Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase \\"total annual salary received by a district judge in the county\\" includes salaries received by district judges that serve multi-county districts.|Calculation of the minimum salary of a county court at law judge under Government Code section 25.0005|Government Code subsection 25.0005(a) does not limit the \\"total annual salary\\" of a statutory county court judge to include only contributions and supplements received by a district judge from the county in which the statutory county court judge serves.

GA-1047
Greg Abbott

County equalization tax, authority of the citizens of Harris County to use repealed chapter 18 of the Education Code to increase the equalization tax|County equalization tax, authority of the citizens of Harris County to use repealed chapter 18 of the Education Code to increase the county equalization tax

GA-1049
Greg Abbott

Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a \\"groundwater right\\" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issue

GA-1062
Greg Abbott

Under Local Government Code section 84.021, a commissioners court must pay salaries of assistant county auditors, as properly certified by the district judges of the county|Under Local Government Code section 84.021, district judges are not required to include the names of assistant auditors in the list of appointees they certify to the county commissioners court|Under Local Government Code section 84.021, a commissioners court must pay the salaries of assistant county auditors, as properly certified by the district judges of the county

GA-1068
Greg Abbott

Administrative fee, in the absence of statutory authority, a county may not collect, in connection with a deposit of funds made to a county judge under Transportation Code section 601.123|Financial responsibility under Transportation Code section 601.123, an additional deposit of at least $55,000 with the county judge is required to establish, for a second vehicle if financial responsibility for that vehicle has not otherwise been established through an authorized method|Funds received pursuant to Transportation Code section 601.123, in the absence of any other statutory or regulatory guidance, a court could conclude that a county judge may deposit into a separate account in the county depository and use his or her discretion to decide whether that account should be an interest-bearing account|Funds deposited with the county judge under Transportation Code section 601.123, interest earned on belongs to the person making the deposit|Evidence of financial responsibility, the owner of a vehicle may provide for an additional driver only if the other person is employed by the owner or is a member of the owner\\'s immediate family or household pursuant to Transportation Code section 601.054(a)

GA-1076
Greg Abbott

Tax increment financing, use by counties|County energy transportation reinvestment zones

GA-1082
Greg Abbott

Authority to impose additional burdens or conditions in excess of existing statutory filing requirements chosen by the Legislature; El Paso County lacks under Education Code section 11.0641|Financial statement, school district trustee subject to Education Code section 11.0641 who holds office at any time on or after January 1, 2015, including in a holdover capacity, must file a financial statement under section 11.0641 for the 2014 calendar year|Financial statement, school district trustee who resigned and whose successor has been duly qualified and sworn into office prior to January 1, 2015, is not required to file for 2014 under Education Code section 11.0641

GA-1085
Greg Abbott

Human Resources Code section 142.002 authorizes the Dallas County Juvenile Board to hire an in-house counsel with the advice and consent of the commissioners court if the Board determines that the position is \\"necessary to provide juvenile probation services.\\"|Juvenile Board has authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position in necessary in order to provide juvenile probation services|Human Resources Code section 201.001 provides that a juvenile board is \\"a body established by law to provide juvenile probation services to a county.\\"|Juvenile board has the authority to hire an in-house attorney for the provision of general legal services if the Board determines that the position is necessary in order to provide juvenile probation services.

GA-1090
Greg Abbott

Court would likely conclude that Dallas County is not expressly authorized by Labor Code section 62.0515 to require a higher wage as a condition for a contract award under the County Purchasing Act.|Whether the payment of higher wages is definitively and objectively related to the quality of services provided under a specific contract such that it can be included as an evaluation factor on competitive proposals submitted under section 262.030 of the County Purchasing Act requires a factual inquiry and is not a question that can be answered in the opinion process.

GA-1093
Greg Abbott

Allowing private attorneys or vendors with whom the county has contracted pursuant to Code of Criminal Procedure article 103.0031 for collection\r\nefforts on court documents would likely fall within a court\\'s broad discretion in managing the docket

GA-1094
Greg Abbott

Disposition of surplus property purchased with proceeds from the county\\'s commissary account|Use of commissary funds under Local Government Code section 351.0415|Commissary accounts are subject to annual examination by the county auditor|Commissary accounts are subject to oversight by county commissioners court|Commissary accounts are subject to oversight by the county commissioners court through annual examinations of the accounts by the county auditor

DM-0004
Dan Morales

Contract that must be competitively bid under the County Purchasing Act, readvertisement for bids is required for unlimited number of times where county receives no bids on

DM-0013
Dan Morales

Private roads used for school bus routes, county is not authorized to maintain

DM-0034
Dan Morales

Prospective jurors, statutory duties of district clerk with respect to selection of cannot be delegated by commissioners court or district judge to bailiff or jury administrator

DM-0035
Dan Morales

Public Weigher, Kerr County Commissioners Court has authority to abolish office of

DM-0044
Dan Morales

Boundaries for "wet/dry" election contain entire political subdivision for which election is called|Boundaries for "wet/dry" election, commissioners court may set only in instance where former justice of the peace precinct boundaries have changed, and must conform as nearly as possible to former boundaries|Boundaries for "wet/dry" election, commissioners court may set only in instance where former justice of the peace precinct boundaries have changed, and must conform as nearly as possible to former boundary

DM-0067
Dan Morales

Jail commissary accounts, county auditor is authorized to review even when maintained by private operator|Jail commissary accounts, county auditor is authorized to review|Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for|Benefit of inmates, funds received by sheriff that are attributable to operation of jail commissary are to be used for|Jail commissary, proceeds from are to be used for benefit of inmates

DM-0087
Dan Morales

Transportation of juveniles, commissioners court may amend budget to provide for only if it finds "grave public necessity" to meet "unforeseen condition"|Transportation of persons to and from juvenile court, county judge not expressly empowered to order

DM-0094
Dan Morales

Tax abatement contract, county may not tax property as new property value upon expiration of|New property value|New property value, key to determining is whether county had power to tax the property the previous year|Notice and public hearing requirements for change in tax rate not activated unless proposed tax rate exceeds 103 percent of effective tax rate

DM-0096
Dan Morales

Investment functions, commissioners court may delegate to county officers or employees other than treasurer|County treasurer, commissioners court may not remove from process of investing county funds but may restrict authority of|Investing county funds, commissioners court may not entirely remove treasurer from process of but may restrict her authority

DM-0111
Dan Morales

Medical services for county jail inmates, commissioners court has authority to contract with physician to provide|Medical services for county jail inmates, sheriff does not have authority to contract with physician to provide but may schedule|Medical services for inmates, commissioners court has authority to contract with physician to provide but sheriff may schedule

DM-0114
Dan Morales

Remove county officers, commissioners courts have no authority to|Emergency services district, rural fire prevention district, and Comal County Water Oriented Recreation District, members of the governing boards of are county officers within removal provision|Removal of county officers by district judge after a trial

DM-0118
Dan Morales

Auditor's salary not part of expenses of office subject to five percent increase limitation imposed by section 111.013 of the Local Government Code|Salary of auditor, not part of expenses of office subject to five percent increase limitation imposed by section 111.013 of the Local Government Code

DM-0123
Dan Morales

Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional

DM-0126
Dan Morales

Assessments for road improvements, commissioners court may delegate details of calculating and collecting, but may not assess property owners costs of holding election and collecting revenues

DM-0128
Dan Morales

Official court reporters employed in Denton County Courts at Law, the Commissioners Court of Denton County has authority to set compensation of|Compensation of official court reporters, the Commissioners Court of Denton County has authority to set when court reporter is employee in the Denton County Courts at Law|Official court reporters in the Denton County Courts at Law, Commissioners Court has authority to set compensation of

DM-0134
Dan Morales

Office of county election administrator, whether a county has authority to contract with other political subdivisions to fund|Office of county election administrator, authority to contract with other political subdivisions to fund|County election administrator, contract with other political subdivisions to fund office must conform to chapter 31 of the Election Code

DM-0140
Dan Morales

West Brazoria County Drainage District, Commissioners Court of Brazoria County constitutes governing board of and may set sales tax rate and call election|Brazoria County Commissioners Court constitutes governing board of West Brazoria County Drainage District and may set tax rate and call election

DM-0150
Dan Morales

Port of Houston Authority, Harris County is authorized to regulate building of structures over waterways within jurisdiction of for purposes of floodplain management|Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes of

DM-0158
Dan Morales

Ex officio road commissioner's decision to terminate employee paid from road and bridge funds may not be overturned by commissioners court, but another road commissioner may hire employee and court may transfer employee's salary to new precinct

DM-0172
Dan Morales

Petition for election to adopt Optional County Road System containing provisions not authorized by statute invalid

DM-0183
Dan Morales

Smoke-free environment in county buildings, commissioners court has authority to promulgate regulation creating

DM-0186
Dan Morales

Redistricting of precincts, boundaries of hospital district established in authorizing legislation as coextensive with commissioner's precincts of county do not change with|Boundaries of Hamilton Hospital District established in authorizing legislation as coextensive with commissioner's precincts of county do not change with redistricting of precincts

DM-0199
Dan Morales

Motor vehicle registration fee increase, funds must be deposited in the general fund of the county but are dedicated to office of tax assessor-collector to defray costs for administering motor vehicle registration laws|Motor vehicle registration fees deposited in general fund, commissioners court may not divert funds dedicated to office of tax assessor-collector, but has discretion to determine amount of appropriation

DM-0204
Dan Morales

Subdivision roads, authority of commissioners court to improve and assess costs of improvements against property owners within subdivision

DM-0213
Dan Morales

County order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption|Order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption|Supplemental workers' compensation, order limiting may not be applied to county employees injured prior to adoption

DM-0226
Dan Morales

Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirements|Minority and women-owned businesses, constitutionality of county policy to increase contracts with depends upon facts such as county's basis for adopting policy

DM-0228
Dan Morales

Issue county commissioners court has previously taken final action on, court may discuss at subsequent meeting provided subject set out in public notice in accordance with the Act|Procedural rules|Agenda, authority to prepare|Final action may be discussed or amended in a subsequent meeting provided subject set out in public notice in accordance with Open Meetings Act

DM-0246
Dan Morales

Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made from|Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bids|Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases from

DM-0252
Dan Morales

Consolidate counties, legislature may not

DM-0258
Dan Morales

Unclaimed overpayments on property taxes collected by county, funds belong to county once the three year period of reclamation has lapsed under section 31.11 of Tax Code

DM-0268
Dan Morales

Donation of salvage or surplus property by county commissioners court not unconstitutional|Salvage or surplus property, commissioners court may dispose of by donation

DM-0273
Dan Morales

Civil process, commissioners court may not establish office of or execute, independent from county sheriff

DM-0283
Dan Morales

Security fee, county and district court clerks' collection of (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Security fee, commissioners court's authority to adopt (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Probate court clerk, authority to collect courthouse security fee (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Discharge record, county clerk may charge courthouse security fee upon filing if commissioners court has authorized collection (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))

DM-0311
Dan Morales

County commissioner, office of school district trustee is incompatible with office of|Public school district trustee, office of county commissioner is incompatible with office of|County commissioner and public school district trustee are incompatible offices

DM-0313
Dan Morales

Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to accept|Commitment order for person accused of class A or B misdemeanor, authority of municipal judge to issue|Arrestee committed to jail by magistrate for violation of state statute, responsibility of county for cost of maintaining

DM-0317
Dan Morales

Travel expenses of forensic pathologist applicant, county commissioners court's authority to use county funds to pay|Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to pay

DM-0322
Dan Morales

Licensure as peace officer, constable who failed to obtain in accordance with statute may run for reelection or be appointed to same office|Licensure as peace officer, elected or appointed officer who failed to obtain in accordance with statute may run for reelection or be appointed to same office|Constables, legislative authority to enact qualifications|Constable who did not obtain peace officer's license during previous term of office may retain appointment|Constable who failed to obtain peace officer's license during previous term of office, commissioners court's authority to appoint

DM-0337
Dan Morales

Medical coverage for district officers, authority of county to provide and phase out|Americans with Disabilities Act, application to county plan to phase out medical coverage for district officers|Medical coverage for district judges, authority of county to provide|Medical coverage for district attorney, authority of county to provide|Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide|Medical coverage for district officers, county's plan to phase out|Medical coverage for agricultural and home extension agents, authority of county to provide

DM-0338
Dan Morales

Expanded system, inclusion of deputy sheriffs and deputy constables in|Subpoena power, commission's authority to adopt|Civil service commission's authority to adopt subpoena power|Expanded civil service system, inclusion of deputy sheriffs and deputy constables in|Subpoena power, county civil service commission's authority to adopt|County civil service commission's authority to adopt subpoena power|County civil service system, inclusion of deputy sheriffs and deputy constables in expanded|Civil service system, inclusion of deputy sheriffs and deputy constables in expanded

DM-0350
Dan Morales

Automated information systems, purchase by local governments through state catalogue purchasing procedure

DM-0354
Dan Morales

Death penalty habeas corpus actions, court's power to appoint counsel in|Appointment of attorneys in death penalty habeas corpus actions, court's authority|Counsel in death penalty habeas corpus action, whether trial court can request agencies and associations to procure|Obligation of independent representation, whether "appointment" by agency or association militates against|Trial court's power to appoint attorneys to represent defendant; whether association may be appointed|Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to pay

DM-0357
Dan Morales

Hot check fund, county attorney's authority over|Hot check fund, whether subject to county budgeting process|Hot check fund, whether auditor may require county attorney to submit projection of revenues for inclusion in county budget|Hot check fund, relation to other county expenditures

DM-0364
Dan Morales

Rapid transit authority, power to prohibit licensed carrying of concealed handguns on its vehicles|City or county park, licensed carrying of concealed handguns in|Concealed handguns, county may prohibit carrying of under license in county park|Concealed handguns, power of rapid transit authority to prohibit licensed carrying of on its vehicles|Concealed handguns, city may not prohibit carrying of under license in public park

DM-0368
Dan Morales

Road administrator, county may employ instead of engineer if county is unable to hire engineer|Optional County Road Law of 1947, county that adopted law prior to its repeal continues to operate under|Optional County Road Law of 1947, county that adopted that law prior to its repeal continues to operate under

DM-0377
Dan Morales

Announce|Hold over in office under article XVI, section 17, officer who resigns to run for another office continues to|Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17|Vacancy in office of judge of a statutory county court, authority to fill|Vacancy in office, authority of commissioners court to fill|Hold over in office, officer who resigns to run for another office continues to

DM-0380
Dan Morales

Inmate of county jail, responsibility of hospital district to provide health care for|Inmate of county jail, allocation of responsibility to provide health care for|Health care for indigent inmate, responsibility to provide|Health care, allocation of responsibility to provide for indigent inmate of county jail|Indigent inmates, duty to provide health care for

DM-0383
Dan Morales

Jail occupied by county under lease-purchase agreement with private entity, whether exempt from property tax|Jail facility, whether exempt from ad valorem taxation when county occupies under lease-purchase agreement

DM-0398
Dan Morales

Interest on dealer's motor vehicle escrow account is discretionary fund of assessor-collector, commissioners court not authorized to control use|Dealer's motor vehicle escrow account, interest on is discretionary fund of tax assessor-collector

DM-0405
Dan Morales

Salary grievance committee may not consider aggrieved elected county officer's complaint after start of fiscal year

DM-0413
Dan Morales

Inmate's medical expenses, county, not hospital district, liable for when inmate not indigent|Health care, responsibility for cost when inmate not indigent|Inmate's medical expenses, county liable for when inmate not indigent

DM-0439
Dan Morales

Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over|Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court

DM-0440
Dan Morales

Claims, procedures for payment of|Ministerial payroll preparation and claim processing functions that legislature has not assigned to specific county officer, commissioners court may delegate to auditor|Duties assigned by legislature are treasurer's core functions that commissioners court may not delegate to another officer|Payroll preparation and claim processing function that legislature has not assigned to specific county officer, court's authority to delegate

DM-0453
Dan Morales

Local or special law, test of whether law is general or special|Venue project for Harris County and Houston not required to hold referendum election to impose hotel occupancy or car rental taxes|Due process, county may impose hotel occupancy and car rental taxes in absence of election where legislature has set fixed maximum rate and where taxation does not vary on the basis of benefit received|Referendum election on venue project, classification scheme obviating need for election in counties that have recently held does not unconstitutionally discriminate|Venue project, Harris County not required to hold election for|Hotel occupancy tax, Harris County and Houston need not hold referendum election on venue project to impose|Car rental tax, Harris County and Houston need not hold referendum election on venue project to impose|Referendum election for Harris County and Houston, imposition of hotel occupancy or car rental taxes does not require

DM-0455
Dan Morales

Sports venue district composed of a county and municipality, municipal election not required provided voters of county gave their approval|Imposition of taxes for sports and community venue district, neither state nor federal constitutions require an election prior to|Harris County-Houston Sports Authority, municipal election was not required for creation of sports venue project provided voters of county approved project

DM-0456
Dan Morales

Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zone|County tax abatement agreement, authority to amend by deleting land from reinvestment zone|Area|Zone

DM-0460
Dan Morales

County juvenile probation department, authority to contract and expend funds without commissioners court's approval|Juvenile probation department contracts and expenditures, authority to approve|Liability under juvenile probation department contracts

DM-0467
Dan Morales

Hold and save harmless provision requiring county to indemnify another party for damages, application of restrictions on county debt|Hold and save harmless provision requiring county to indemnify another party for damages, application of constitutional restrictions on county debt|Hold and save harmless provision requiring county to indemnify U.S. Army Corps of Engineers for damages, application of constitutional restrictions on county debt

DM-0482
Dan Morales

Notice of meeting, commissioners court must repost if meeting is continued to any day other than day immediately following

DM-0485
Dan Morales

Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housing

DM-0487
Dan Morales

Neighborhood road, when county may condemn private property to establish

JC-0004
John Cornyn

County permanent school fund proceeds, investment in mortgage-backed securities at below-market interest rate incompatible with county commissioners' trustee duties|County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee duties

JC-0014
John Cornyn

Security hardware|Ejusdem generis, general words following particular terms will be limited in meaning by the particular terms under rule of|Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies from

JC-0023
John Cornyn

Independent audit of county accounts and officials, county auditor may not prevent absent abuse of discretion by commissioners court|Independent audit, commissioners court may order when audit would best serve "the public interest"

JC-0026
John Cornyn

Longevity pay, court may set rate for sheriff prospectively\r\n\r\n|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas Constitution|Longevity pay, court may set rate for sheriff prospectively|Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53

JC-0034
John Cornyn

Consultation services contract with municipality, absent statutory authorization a county attorney in official capacity may not enter into|Ancillary legal services to county for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Professional Prosecutors Act, county attorney covered by may not contract in private capacity to provide consultation services to municipality for fee|Ancillary legal services for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Consultation services to municipality for fee, county attorney subject to Professional Prosecutors Act may not contract in private capacity to provide

JC-0036
John Cornyn

County funds for city streets unconnected with county road system, commissioners court may expend if expenditure serves a county purpose in accordance with article III, section 52(a)\r\n\r\n|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c), commissioners court may not spend on city streets unconnected to county road system|County business under article V, section 18b, legislature not prohibited from authorizing commissioners court to improve city streets unconnected with county road system if county derives a benefit from improvement so as to constitute|City streets unconnected to county road system, commissioners court may expend county funds to improve if expenditure serves a county purpose in accordance with article III, section 52(a) of Texas Constitution\r\n\r\n|City streets unconnected to county road system, commissioners court may not expend proceeds of unlimited tax, county road or district road bonds issued under article III, section 52(b) or (c) of Texas Constitution on|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c) of Texas Constitution, commissioners court may not spend on city streets unconnected to county road system

JC-0060
John Cornyn

Open Meetings Act, evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to|Evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to Open Meetings Act

JC-0062
John Cornyn

Hot check fund, interest that accrues must be severed from principal and used to benefit county

JC-0065
John Cornyn

Jury-service reimbursement, commissioners court may not choose to omit from the list of funds or programs to which jurors may donate the funds described in section 61.003(a)(1), (2) of the Government Code

JC-0071
John Cornyn

Autopsy, county of decedent's residence may not contract to conduct or pay for if death occurred in neighboring county hospital|Autopsy, county of decedent's residence may not enter interlocal cooperation contract to conduct or pay for if death occurred in neighboring county hospital|Autopsy of resident who dies in neighboring county hospital, county of residence may not contract to conduct or pay for

JC-0073
John Cornyn

Donation for improvement of specific county road, whether commissioners court may agree to condition

JC-0074
John Cornyn

Public school teacher may simultaneously hold office of county commissioner without renouncing salary attached thereto|County commissioner, public school teacher may simultaneously hold office of without renouncing salary attached thereto

JC-0079
John Cornyn

Speed limit on county road or highway, commissioners court may lower without traffic study, but not to less than thirty miles per hour

JC-0082
John Cornyn

Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to in absence of a contract if court determines the grant is constitutional|Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to if court determines the grant is constitutional

JC-0084
John Cornyn

Hot check fund, auditor may require county attorney to submit documentation for expenses incurred from

JC-0085
John Cornyn

Juvenile board, commissioners court has no general supervisory authority over|Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard\r\n\r\n|Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims of|Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard\r\n|Juvenile board budget, amendment of requires formal board action\r\n|Expenses

JC-0089
John Cornyn

Lobbyist, commissioners court may use county funds to hire to lobby legislature

JC-0092
John Cornyn

Grants for economic development, authority of county commissioners court to make|Economic development grants that are the economic equivalent of a tax abatement, authority of county to make

JC-0098
John Cornyn

Fees and costs authorized by county commissioners court pursuant to section 51.702 of the Government Code, statutory county court may collect although collection may be declared unconstitutional by different district court or appellate court|Collection of fees and costs by statutory county courts under section 51.702 of the Government Code, county commissioner's court may authorize in accordance with decision of state district court, although collection may be declared unconstitutional by dif

JC-0100
John Cornyn

Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize purchase by precinct employees; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporati|Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize precinct employees to; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in whi|Road commissioner, county commissioner in his or her capacity as ex officio may not purchase, authorize purchase of, or participate in decision to purchase auto parts from corporation in which he or she owns a substantial interest|Road commissioner may not purchase or authorize purchase, nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in which commissioner has substantial interest

JC-0102
John Cornyn

Mental health proceedings, court may delegate collection of reimbursements for costs to appropriate county officer (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000))|Mental health proceedings, no statutory duty to collect reimbursements to which county may be entitled for costs paid by county (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000))|Mental health proceedings, reimbursements to which county may be entitled for costs paid by county not court costs (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000))

JC-0104
John Cornyn

Surplus property, county lacks authority to exchange for non-monetary consideration|Sell

JC-0116
John Cornyn

Closure of public road requires unanimous vote of commissioners court

JC-0119
John Cornyn

Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of fact|Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants|Pretrial diversion, prosecutor generally may not offer in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants

JC-0122
John Cornyn

Jail commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, sheriff need not competitively procure purchases from|Control

JC-0136
John Cornyn

Ambulance service, exemption from competitive bidding requirement by commissioners court after it has requested and rejected bids|Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bids|Rescind or modify orders and decisions, authority of commissioners court to|Exemption of ambulance service contract from competitive bidding requirement by order of commissioners court after it has requested and rejected bids

JC-0139
John Cornyn

State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bonds|County lacks authority to borrow money from State Infrastructure Bank for bridge and road construction without issuing bonds

JC-0140
John Cornyn

Commissioners court not required to fill vacancy in office of constable|Constable, commissioners court not required to fill vacancy in office of

JC-0157
John Cornyn

First year that a court begins collecting fees and costs upon approval by commissioners court pursuant to section 51.702 of Government Code, regardless of whether court reapproves collection in subsequent years the term "initially" for purposes of section|Salary formula for statutory county court judges set out in section 25.0005(e) of Government Code|Initially

JC-0159
John Cornyn

Compensation of county court at law judges in counties collecting court costs and fees under section 51.702 of the Government Code|County court at law judges, compensation of in counties collecting court costs and fees under section 51.702 of the Government Code|Salaries of county court at law judges set annually

JC-0162
John Cornyn

River authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect to|Upper Guadalupe River Authority not authorized to compel septic tank users to connect to sewage disposal system|Sewage disposal system, city may compel property owners within its jurisdiction to connect to system operated by river authority

JC-0171
John Cornyn

State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission for|State highway project that receives federal aid, public agencies barred by regulation from bidding in competition with private contractors on|Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aid|State highway maintenance contract, county lacks authority to submit bid on

JC-0172
John Cornyn

Dedication|Access to public roads in subdivision, landowner may not block by locked gate or other obstruction|Private roads become public roads subject to county maintenance when dedicated to county and accepted by commissioners court

JC-0175
John Cornyn

Center stripe, county may lay on county road in accordance with Texas Manual on Uniform Traffic Control Devices|Speed bump, county may install on county road with permission of Texas Department of Transportation

JC-0196
John Cornyn

Salary supplement program for county court at law judges funded by collection of additional fees and court costs, county may not discontinue participation in during middle of program year

JC-0206
John Cornyn

Local government corporation not subject to competitive bidding requirements applicable to county or city that created it|Local government corporation created by county and funded with county funds not subject to competitive bidding requirements of County Purchasing Act|Local government corporation created by county not subject to competitive bidding requirements of County Purchasing Act

JC-0209
John Cornyn

County juvenile board is authorized to retain counsel to represent it in action filed against it by commissioners court and to pay attorney's fees from funds in juvenile probation department account in the county treasury without commissioners court's app|County juvenile board, commissioners court lacks authority to review and approve contract for private counsel or vouchers to pay attorney's fees for

JC-0214
John Cornyn

Officers and equipment allotted to his office, sheriff has discretion to deploy|Vehicles and equipment for sheriff's office, commissioners court rather than sheriff has discretion to set specifications for|Sheriff's office, court may in the exercise of its discretion allot less money for particular function that sheriff desires so long as it does not prevent sheriff from carrying out duties|Vehicle policy requiring county officer to relinquish control of vehicles in use when taking possession of replacement vehicles is reasonable implementation of county's budgetary authority|Sheriff's office, commissioners court may not micro-manage deployment of resources and personnel of

JC-0217
John Cornyn

Randall County may divide itself into fewer than four justice of the peace and constable precincts, but must remain divided into four commissioner precincts

JC-0219
John Cornyn

Local governments may not enter into interlocal contract to agree to deny utility and landfill services to customers who are delinquent in payments to other parties to the agreement

JC-0223
John Cornyn

Notices required by statute to be published in "newspaper of general circulation," governmental entity must evaluate newspaper's content as well as proportion and diversity of subscribership|Newspaper of general circulation, where county required by statute to publish notice in, county must evaluate content as well as proportion and diversity of subscribership|Postal Service Domestic Mail Manual, holder of periodical mailing privileges not entitled to presumption that periodical is newspaper of general circulation|Newspaper of general circulation

JC-0227
John Cornyn

State supplemental salary compensation for county attorney, whether county may pay employer's share of employment taxes, such as contributions for social security coverage, from state-provided funds

JC-0228
John Cornyn

Pauper's remains, county responsible to provide for disposition of even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rules|Deceased pauper's remains, county must provide for disposition of in accordance with county rules|Pauper's remains, county may adopt rules regarding disposition of and receipt of information from survivor|Pauper, county responsible to provide for disposition of remains of pauper even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rules|Agency of county, money received by may be put in special account in county depository if county commissioners court so orders|Seize assets, county may not seize assets from state of deceased pauper to cover costs of disposition of remains|Donations, county may receive as contribution toward disposition of deceased pauper's remains

JC-0238
John Cornyn

Right-of-way, county's authority to permit public utilities to use does not entail authority to permit third parties to use for private benefit|Right-of-way, whether county may permit third party to place water lines on will depend either on scope of easement's grant or uses by which prescriptive easement gained, and whether use constitutes additional burden on land

JC-0239
John Cornyn

Employees' compensation and benefits policy tying receipt of each to forty-hour work week, county commissioners court may adopt but may not use to interfere in other county official's sphere of authority to administer his or her office|Office closure, county citizens' recourse against county officer who closes county office for all or part of workday|Close office to allow employees time off for reason unrelated to bad weather, repairs, and the like, official may do so providing that closure does not violate article III, section 52 of the Texas Constitution

JC-0245
John Cornyn

Rule of "Fleming Foods v. Rylander" will not be followed when recodification is not "direct, unambiguous, and incapable of being reconciled with prior law"|Cattle guard, Webb County Commissioners Court has no authority to replace on county road

JC-0250
John Cornyn

Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation Code|Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a of

JC-0253
John Cornyn

National forest revenues, allocation to school districts in county

JC-0255
John Cornyn

Salary increases for elected officers, special statutory notice must apprise public of maximum potential salary increases|Salary increases for elected officers, notice that is materially misleading concerning rates of proposed increases is not in substantial compliance with special statutory notice provision as a matter of law

JC-0260
John Cornyn

Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted despite otherwise applicable requirement|Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located in|Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivision|Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted|County authorized to classify and define certain kinds of subdivisions that need not comply with otherwise applicable platting requirement

JC-0264
John Cornyn

Commissioners court's authority to hire persons to perform purchasing functions|Purchasing Agent, commissioners court's authority to appoint|Employees, implied authority to hire|Employees to perform purchasing duties, court's authority to hire|Purchasing agent, authority to appoint|Term of office, beginning date|Appointment, failure to set salary as affecting validity of|Commissioners court's authority to appoint

JC-0269
John Cornyn

Storage and disposal fees for controlled substances paid as condition of community supervision are not analogous to "hot check" fund, and are to be deposited in county depository and budgeted according to ordinary county budgeting process

JC-0287
John Cornyn

County responsible for paying mental health services proceeding costs under section 571.018 of the Health and Safety Code|Mental health services proceeding costs, county responsible for paying those costs under section 571.018 of the Health and Safety Code

JC-0288
John Cornyn

Private roads in municipality, commissioners court may not enter into interlocal contract to maintain|Interlocal contract to maintain private roads in municipality, commissioners court may not enter into

JC-0291
John Cornyn

Visitors and tourists|County development districts lack authority to levy ad valorem taxes because authority to levy tax must be express|County development district projects are limited to those that will attract tourism to the county|County development districts lack authority to levy ad valorem taxes|County development district not authorized to undertake general economic development projects, projects limited to those that will attract tourism to the county|Taxation, power of special district to levy ad valorem tax must be express and will not be supported by reference to authority of other entities where legislature has expressly vested district with authority to levy sales and use tax

JC-0300
John Cornyn

Tax abatement agreement with owner of tax-exempt leasehold interest in tax-exempt real property, county's authority to enter into

JC-0301
John Cornyn

Name and rename county road, authority of commissioners court to

JC-0307
John Cornyn

Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court may be charged with a violation of the Act, but only if the person aids or assists a member or members who knowingly act to violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place an item on agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act|Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place item on an agenda or vote a certain way does not commit an offense under the Act, even if he or sh|Open Meetings Act criminal provisions, liability of a person who is not a member of the governmental body

JC-0319
John Cornyn

Prebid conference, commissioners court is not authorized under County Purchasing Act to require bidders to attend mandatory prebid conference or to refuse to accept or open bids of bidders who fail to attend

JC-0329
John Cornyn

Commissioners court|Public purpose|County commissioner|County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not use|County labor and equipment, a commissioners court, acting on behalf of the county, may use solely for a public purpose|County labor and equipment, an individual county commissioner may not use to open and close graves in a private cemetery

JC-0352
John Cornyn

Emergency meetings under the Open Meetings Act, commissioners court may hold as special term|Notice to members of a governmental body not governed by Open Meetings Act, under common law predating Act, court may void action taken by governmental body at meeting for which members did not receive notice|Emergency meetings by telephone under Open Meetings Act, if quorum of governmental body appears at one location, absent members may not participate by telephone conference call|Emergency meetings by telephone, under Open Meetings Act notice of meeting need not state meeting will be held by telephone conference call

JC-0361
John Cornyn

County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begun|Salaries, district judges may increase salaries of county auditor and assistant county auditors even though county budget year has already begun

JC-0364
John Cornyn

Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction|Prosecutor's fee for which county may charge responsible county in mental-health proceeding under section 571.018(c) of Health and Safety Code encompasses costs of preparing documents; county may not bill separate, additional "document preparation" fee|Prosecutor's fee charged to county responsible for costs of mental-health proceeding, county in which mental-health hospital is located may not charge "document preparation fee" in addition to|Jurisdiction of mental-health proceeding involving patient receiving treatment in one county when detention or application proceedings originated in another county|Mental-health proceeding concerning patient in mental-health hospital in one county when another county is responsible for proceeding costs, responsible county may not be billed for document preparation fee in addition to prosecutor's fee|Attorney's fee|Prosecutor's fee

JC-0365
John Cornyn

State funds allocated for expenses of county prosecutor's office are budgeted by commissioners court|County prosecutor, state funds allocated for expenses of office are budgeted by commissioners court

JC-0367
John Cornyn

Plat revision, county must have express authority to charge fees or costs to applicants for a|Plat, fees or costs charged by a county for applications to revise plat require express authority|Applicant for plat revision, county must have express authority to charge fees or costs to applicant

JC-0369
John Cornyn

Bona fide employees association|An "employees association" is not synonymous with a labor organization|Payroll deductions for membership dues to employees associations, employees not entitled to|Payroll deductions for membership dues to employees associations, authority to restrict

JC-0370
John Cornyn

Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when made|Unconstitutional retroactive compensation for services performed and impermissible private use of public funds, county treasurer's payment of employees' accrued vacation or compensatory time when the county did not have a policy providing for such payment|Accrued vacation and compensatory time, sheriff's deputies may not receive payment for time that accrued when county did not provide for such payment

JC-0384
John Cornyn

General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than at|Term of office to which elected, regardless of recognition of United States Census of Population a "joint clerk" who performs duties of both district clerk and county clerk is entitled to complete|Office of "joint clerk" who performs duties of both district clerk and county clerk, such office is to be separated, should census figures require it, at expiration of term of office to which incumbent was elected rather than on date United States Census |Joint clerk

JC-0385
John Cornyn

Volunteer fire fighter, county commissioner may serve as|County commissioner may serve as volunteer fire fighter

JC-0399
John Cornyn

County school lands, commissioners court as trustee may not delegate authority over to beneficiary school district|County school lands, constitutional authority of commissioners court as trustee of|School lands vested in county, commissioners court is trustee with non-delegable duty to sell or otherwise dispose of

JC-0427
John Cornyn

Sick-leave pool, county commissioners court may adopt rules specifying how transfer of value of sick leave from contributing employee to and from pool to withdrawing employee affects departmental budgets|Sick-leave pool, employee may contribute unvested sick-leave time|Sick-leave pool, value of sick-leave time is transferred with sick leave to and from

JC-0433
John Cornyn

Reimbursement for use of personal vehicle to conduct official duties, commissioners court may authorize commissioner to receive

JC-0439
John Cornyn

Nonprofit organization, county may not transfer public funds to in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac|County funds, county may not transfer to nonprofit organization in accordance with contract unless commissioners court determines that transfer will accomplish a public purpose that county has authority to accomplish and that adequate controls are in plac

JC-0443
John Cornyn

Delinquent taxes, attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to taxing unit|Donations, statutory authority of county to accept|Attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to county|Delinquent taxes, attorney who contracts to collect under section 6.30 of Tax Code may not donate part of compensation under section 33.07 of Tax Code to taxing unit

JC-0454
John Cornyn

Immunity, in event suit is brought as a result of a justice court ordering a child detained for contempt without authority to do so, county could invoke immunity with respect to state claims but could be subject to suit under federal claims|Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conduct|Contempt, justice court may not order child to be confined for a term of detention for|Non-secure detention facilities, neither status offender nor nonoffenders may be detained in

JC-0457
John Cornyn

Building energy efficiency performance standards enforceable in unincorporated areas of state on September 1, 2001|Building energy efficiency performance standards, county cannot enforce in unincorporated areas

JC-0459
John Cornyn

Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement in|Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect to|Juvenile justice alternative education program, county's authority to fund|Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-vis|Juvenile justice alternative education program, school district not required to fund construction or facility for|Juvenile justice alternative education program, school district's authority to determine discretionary expulsions that will be subject to placement in

JC-0468
John Cornyn

Designated representative of an authorized agent of the Texas Natural Resource Conservation Commission under chapter 366, Health and Safety Code, is not a "peace officer" for purposes of sections 7.193 and 26.215 of the Water Code

JC-0471
John Cornyn

Salary grievance hearing, elected officer is entitled to have five days after actually receiving written notice of approved salary and personal expenses|Notice of approved salary and personal expenses, county commissioners court is not precluded from faxing to elected officers as a matter of law|Faxing written notice of approved salary and personal expenses to elected officer, commissioners court is not precluded as matter of law from|Fax|Written

JC-0476
John Cornyn

Courthouse security force, a commissioners court has no authority to commission and establish group of peace officers to serve as

JC-0481
John Cornyn

Emergency lights in tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in|Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light bar|Tow trucks performing nonconsensual tows, Harris County may regulate lighting equipment for|Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in

JC-0503
John Cornyn

Status of "public road" entitled to county maintenance, whether a road has acquired that status through public use or implied dedication is a determination for the commissioners court in the first instance

JC-0506
John Cornyn

Commissioners court's closed meeting, auditor's presence does not violate Open Meetings Act if commissioners court has determined that auditor's interests are not adverse to county's and if commissioners court determines that auditor's presence is necessa|Closed meeting, under Open Meetings Act a commissioners court may allow county auditor to attend if auditor's interests are not adverse to county's and if commissioners court determines that auditor's presence is necessary to anticipated discussion, but c|Attorney-client privilege, court may find that privilege does not apply to communications between commissioners court and its attorney that occurred in county auditor's presence|Closed meeting, consistently with Open Meetings Act a commissioners court may allow county auditor to attend if it determines that auditor's interests are not adverse to county's and that auditor's presence is necessary to anticipated discussion, although

JC-0514
John Cornyn

Permanent peace officer's license, consequences of constable's failure to provide evidence on or before 270-days of taking office|Peace officer|Constable's failure to provide evidence of permanent peace officer's license on or before 270-days of taking office, commissioners court's role in

JC-0516
John Cornyn

Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court order

JC-0517
John Cornyn

Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements for|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department of Transportation must issue permit to applicant to operate|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operate|May

JC-0518
John Cornyn

Consistent|Consolidated|Same legislative session, multiple amendments to same statute adopted during should be harmonized if possible|Extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to plats and subdivisions of land" within municipality's that combines municipal and county regulations and that eliminates conflicts between them|Plats and subdivisions of land within municipality's extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to" that combines municipal and county regulations and that eliminates conflicts between them

JC-0521
John Cornyn

Professional Services Procurement Act authorizes a county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|County contracts, County Purchasing Act and Professional Services Procurement Act authorize county to require prospective contractors to submit disclosure statements regarding their business relationships with county officers and employees|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act authorizes county to require|Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act and Professional Services Procurement Act authorize county to require

JC-0524
John Cornyn

Multi-county administrative judicial region's "salaries, compensation, and expenses," commissioners court must pay county's pro rata share and has no authority to reduce county's share or to alter the administrative judicial region's budget

JC-0543
John Cornyn

County court judges' salaries, county that begins collecting fees and costs under section 51.702(i) of the Government Code after July 1 need not increase on September 1 under section 25.0005(a) of the Government Code|Salaries in counties that collect fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must be "set" at increased level under section 25.0005(a)|Salaries for statutory county court judges, county that collects fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must "set" at increased level under section 25.0005(a)|Set

JC-0552
John Cornyn

Dangerous wild animals, county required to adopt certificate of registration program for

JC-0556
John Cornyn

Right-of-way, water corporation may lay fixtures in county after notifying county but need not notify county before repairing existing fixtures; county may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, water corporation must obtain municipality's consent before laying water system pipes, mains, or conductors through municipal; municipality may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, district that is water corporation subject to chapter 402 of the Local Government Code must obtain municipality's consent before laying water system fixtures through municipal, but must only notify county before laying fixtures in county; co

JC-0565
John Cornyn

Commissioners court approval of commissioner's expenditures, statute requiring such approval if a person other than incumbent commissioner is elected to office applies after a person other than the incumbent commissioner has been elected to the office in

JC-0568
John Cornyn

Juror reimbursement rates, a commissioners court may set different rates based only upon the length of a juror's service

JC-0582
John Cornyn

Lease of county property to museum, whether county's agreement to pay certain museum expenses and to lease property for $1 comports with article III, section 52|Debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7|Museum, authority of county to acquire property by deed for purpose of operating as a museum, to lease property as a museum, and to agree to pay certain museum expenses for a fifty-year term|Lease of county property to a museum, whether county must lease pursuant to competitive procedures|County debt, whether county agreement to pay certain museum expenses over a fifty-year lease term violates article XI, section 7 of the Texas Constitution

JC-0584
John Cornyn

Interpreters, a court clerk who merely converses with a defendant in a language other than English does not act as a court interpreter and does not commit an offense under chapter 57 of the Government Code|Interpreters, if there is no interpreter licensed to interpret in a particular language under chapter 57 of the Government Code, the appointment of an unlicensed person may be within a court's inherent power|Interpreters for defendants who do not speak English, chapter 57 of the Government Code establishes qualifications for spoken-language interpreters appointed in criminal cases under the authority of article 38.30 of the Code of Criminal Procedure|Interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, the licensing provisions of Government Code chapter 57 do not affect a court's authority under the Rules of Civil Procedure and the Civil Practice and Remedies Code to fix an interpreter's compensation and to direct how an interpreter

JM-1137
Jim Mattox

Tax assessor-collector may be required by commissioners court to make weekly remittances of tax collections|Remittances of tax collections, commissioners court may order|Tax assessor-collector may not be required by commissioners court to make weekly notarized or sworn revenue reports to auditor

JM-1138
Jim Mattox

Salaries of county court at law judges may be increased by budget amendment

JM-1150
Jim Mattox

Child support office, authority of Orange County Commissioners Court to set and approve salaries of employees of|Child support office, juvenile board in Orange County is authorized by statute to set salaries of employees of

JM-1155
Jim Mattox

Donations of materials to aid in maintenance of roads must be accepted by commissioners court, not by individual ex officio road commissioner

JM-1197
Jim Mattox

Excess office space, county is authorized to lease to appraisal district|Performance of appraisal functions, Tax Code provision authorizing appraisal district to contract for does not authorize lease of office space|Performance of appraisal functions, Tax Code provision authorizing appraisal district to contract for does not require such contracts to be approved by governing bodies of three-fourths of taxing units|Lease of real property by appraisal district does not require approval of governing bodies of three-fourths of taxing units

JM-1199
Jim Mattox

Donation of money, property, or services to chamber of commerce or similar private corporation that conducts local festivals, county may not make

JM-1232
Jim Mattox

Resale of property purchased at tax sale, county may conduct private

JM-1241
Jim Mattox

Trees and shrubs in county road right-of-way, commissioners court has general authority to remove and dispose of (depending on easement contract)|Salvage or surplus property

JM-1268
Jim Mattox

Salary increases for selected employees, whether commissioners court may grant without amending county budget

JM-1275
Jim Mattox

Voter registration information maintained on computer system serving all county offices, commissioners court may not enter into contract with private business for service of system without prior approval of Secretary of State|Computerized accounting system, county auditor may not dictate what type of equipment that county officers may use for|Computerized accounting system for elected county officials, authority of a county auditor to prescribe

JM-1276
Jim Mattox

Bond election, county road district bond election is not rendered invalid if amount to be voted upon is changed after a public hearing|Authorized by the electorate, county road district may borrow money by issuing tax anticipation notes and bond anticipation notes as well as bonds but not unless|Civil proceedings, a criminal district attorney is under no obligation to represent a road district of his county in|Tax anticipation notes and bond anticipation notes as well as bonds, county road district may borrow money by issuing but not unless authorized by the electorate|Amount of tax voted by electorate, tax collector and the commissioners court cannot ordinarily levy or collect a tax in a road district in excess of|Ex-officio directors of a road district, county funds may not be used to pay for legal representation of members of commissioners court for actions taken in their capacity as|Guarantee the note of a road district, commissioners court acting for the county may not|County may not loan money to road district but may invest sinking fund monies in bonds of the road district|County road district, county is not responsible for debts incurred by members of a commissioners court acting for a|Collection of ad valorem taxes, county road district cannot change ad valorem basis of taxation to benefits basis if bond election order stated that bonds will be retired through

KP-0261
Ken Paxton

With respect to specified programs authorized by section 381.004 of the Local Government Code for stimulating business and commercial activity in a county, the limitations on tax abatement agreements stated in subsection 381.004(g) do not apply to loans and grants made pursuant to subsection 381.004(h).

Loan and grants authorized by subsection 381.004(h) must comply with sections 52(a) and 52-a of article III of the Texas Constitution. Section 7 of article XI of the Texas Constitution may also impact how such loans and grants are structured, depending on the circumstances.

Subject to these constitutional limitations, subsection 381.004(h) leaves the duration and amount of economic development loans and grants to the commissioners court's budgetary discretion in the first instance.

KP-0263
Ken Paxton

Under article 102.0121 of the Code of Criminal Procedure,
the commissioners court, not the prosecuting attorney, ultimately
determines the authorized uses of the county pretrial intervention
program fund. The statute authorizes the commissioners court to
use the pretrial intervention fund for an employee's salary, salary
supplement, or a benefit only to the extent the use of the fund is
solely for the administration of the program.

KP-0271
Ken Paxton

The sheriff’s “exclusive control” of commissary funds under subsection 351.0415(b)(1) of the Local Government Code and his or her authority under subsection 351.0415(c) to “use commissary proceeds only” for statutory purposes gives the Hunt County sheriff the authority to initially determine whether an expenditure is authorized, subject to administrative review by the Commission on Jail Standards and judicial review under an abuse of discretion standard. 

A court would likely conclude that an expenditure of commissary funds under subsection 351.0415(c) is not arbitrary if the amount of the expenditure is reasonable in light of the performance of the authorized activities.

KP-0269
Ken Paxton

Chapter 76 of the Property Code requires the county treasurer to sell abandoned property subject to its provisions at a public sale conducted in the county’s jurisdiction.  If the county treasurer determines the highest bid from the public sale is insufficient, then the property may be sold through a public or private sale, including an online auction.

KP-0286
Ken Paxton

Repeal of a road tax may be accomplished by an election to repeal ordered by the commissioners court pursuant to Transportation Code section 256.053.

KP-0292
Ken Paxton

Government Code section 25.2702 authorizes the Nolan County Commissioners Court to set the salaries of the official court reporter and the court administrator for the 1st Multicounty Court at Law.

KP-0296
Ken Paxton

Municipal and county officials may not regulate or restrict the sale of firearms in a local disaster area.

KP-0298
Ken Paxton

Government Code section 74.104 authorizes district judges to determine reasonable compensation of court coordinators, subject to approval by the commissioners courts; neither the judges nor commissioners courts have unilateral authority to set such compensation; a commissioners court may set the salaries of assistant court coordinators under Local Government Code section 152.011.

KP-0300
Ken Paxton

Governmental bodies may comply with Government Code section 551.007 by conducting one public comment session at the beginning of the meeting and may adopt reasonable rules to cap the total time given to each person who wishes to testify.

KP-0311
Ken Paxton

A county may call a bond election to fund improvements to city streets that are integral or a connecting link to the county’s roads or state highways.

KP-0315
Ken Paxton

A county’s payment of an amount owed under a contract for services required by that contract does not violate Texas Constitution article III, section 53, nor is an amended contract supported by sufficient additional consideration in violation of that constitutional prohibition.

KP-0319
Ken Paxton

Absent an election granting it authority, the Jackson County County-Wide Drainage District does not possess authority to levy, set the rate, and collect a flood control tax.

KP-0322
Ken Paxton

County authority to require facial coverings in courtrooms, courthouses, and county buildings can be found in in the Texas statutes, and in emergency and executive orders.

KP-0324
Ken Paxton

Emergency powers granted by Government Code chapter do not authorize local governmental entities operating under a declared disaster to independently rewrite state law such as Property Code chapter 24 governing evictions.

KP-0327
Ken Paxton

Under Special District and Local Laws Code chapter 11001, Bastrop County has discretion about the standard it will utilize to approve Bastrop County Water Control and Improvement District No. 2 improvements, provided the standard is based on good engineering practices according to specified statutory considerations.

KP-0349
Ken Paxton

Sections 212.0091 and 232.0026 of the Local Government Code require local jurisdictions to provide specific reasons and legal citations for denying or conditionally approving a plan or plat.

KP-0352
Ken Paxton

Deputy sheriff not officer and not precluded from simultaneously serving as city councilmember

KP-0358
Ken Paxton

Determination of threshold point triggering bidding requirements of County Purchasing Act

KP-0360
Ken Paxton

County judge’s brother’s candidacy for sheriff does not violate nepotism or conflict-of-interest statutes in described circumstances

KP-0361
Ken Paxton

Constitutionality of paying a one-time bonus to administrative staff of county’s justices of the peace

KP-0391
Ken Paxton

County compliance with Local Government Code competitive bidding procedures before renewing or extending a county facility management contract

KP-0393
Ken Paxton

Pursuant to section 418.108 of the Government Code, a county judge may declare a local state of disaster.  Local disaster powers of a county are limited by any existing state law, including any executive orders or proclamations issued by the Governor. 

The county judge may terminate a local disaster declaration at any time, and the commissioners court may prevent the extension of the declaration beyond seven days or revoke consent for its continuation thereafter.

A county judge lacks authority to declare a new disaster for the same underlying circumstances without the consent of the commissioners court following the first seven-day period. 

A surge of individuals crossing the border into the county could and has created circumstances warranting emergency action and a local disaster declaration.

A county judge lacks authority to pay bills incurred by the county out of the contingent and uncommitted fund without the commissioners court’s approval.

KP-0399
Ken Paxton

County authority to erect signage in a state highway right-of-way under Transportation Code chapter 394

KP-0405
Ken Paxton

Proper method for distribution of Coronavirus Relief Funds in a jurisdiction with a population under 500,000, but within a county with a population over 500,000

KP-0420
Ken Paxton

Section 263.152 of the Local Government Code authorizes a county to periodically sell the county’s surplus or salvage property by competitive bid or auction.  “Salvage property” is personal property, other than items routinely discarded as waste, that because of use, time, accident, or any other cause is so worn, damaged, or obsolete that it has no value for the purpose for which it was originally intended.  When a county attempts to sell salvage property by competitive bidding or auction but receives no bids, the county may dispose of the property through a recycling program under which the property is collected, separated, or processed and returned to use in the form of raw materials in the production of new products.

A commissioners court possesses implied authority to utilize recycling programs for the disposition of routinely discarded county waste, subject to other applicable law.  Whether culverts the county removes from real property are “routinely discarded as waste” presents fact questions for the commissioners court to determine and cannot be resolved in an attorney general opinion.

KP-0422
Ken Paxton

Procedure for numbering election ballots and which officials are authorized to select the method for numbering ballots

KP-0429
Ken Paxton

Authority to determine software systems for county departments.

KP-0430
Ken Paxton

The mental states of reckless, knowing, or intentional suffice for the prosecution of the criminal offense in Local Government Code section 111.012

KP-0435
Ken Paxton

Authority of a county to use tax revenue to pay a supplement to a hospital district in the county.

KP-0436
Ken Paxton

Authority of a county under Transportation Code chapter 251 to abandon or rename a public road not included in the county maintenance system.

JS-0001
John Scott

Code of Criminal Procedure article 103.0031 generally permits a county or a municipality to enter into a third-party collection contract to recover money owed on certain items in criminal cases, including forfeited bonds. The reference to a non-existent “section” in Code of Criminal Procedure article 103.0031(h), providing that “[t]his section does not apply to commercial bail bonds,” is a scrivener’s error that creates an absurdity, such that a court would likely construe its exception to refer to article 103.0031.

A court would likely conclude that attorney sureties execute “commercial bail bonds” to the extent they sell their bonding services for a fee or commission. As such, article 103.0031(h) would prohibit a commissioners court from entering into a third-party contract for collection services on forfeited attorney surety bail bonds. Instead, forfeited attorney surety bonds would be collected by district and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace pursuant to Code of Criminal Procedure article 103.003(a).
 

JS-0005
John Scott

A court would likely conclude that: (1) the acquisition of a vehicle dedicated to transporting inmates to and from medical and mental health appointments is a permissible use of commissary funds under Local Government Code subsection 351.0415(c)(5); and (2) a sheriff has authority to expend commissary funds without first seeking the approval of the commissioners court. Whether a commissioners court may use money from the general fund to pay insurance and maintenance costs on a vehicle depends on whether the expenditure is provided in the budget. Local Government Code subsection 263.152(a)(1) applies to county-owned property.

JS-0007
John Scott

A volunteer fire department is not a political subdivision for purposes of a county land exchange under Local Government Code subsection 263.006(e).

AC-0003
Angela Colmenero

To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to Transportation Code provisions related to county authority over roads but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable. And to the extent the moratorium is adopted pursuant to Health and Safety Code section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.

KP-0445
Ken Paxton

Considering whether a constable’s office is a law enforcement agency subject to application of Local Government Code chapter 120

KP-0449
Ken Paxton

A commissioners court may delegate to the county judge its implied authority to employ persons. A court would likely conclude that a county judge who is delegated such authority is prohibited by the anti-nepotism prohibition in Government Code section 573.041 from appointing the spouse of a county commissioner to a paid county position.

KP-0453
Ken Paxton

Addressing the appointment of a court coordinator and support staff in a multi-county judicial district.

KP-0456
Ken Paxton

Considering a single county commissioner’s authority to maintain an outfall ditch with his or her precinct and whether the expenditure of public funds to maintain the ditch lying on private property complies with Texas Constitution article III, subsection 52(a).