Cumulative Subject Index
AG Opinions 1990-Present

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COUNTIES AND COUNTY COMMISSIONERS COURTS
Accrual of penalty and interest on delinquent ad valorem taxes after county purchases real propertyGA-0973
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 bailiffGA-1032
Airport parking facility owned by county, holder of special parking permit for disabled entitled to free parking in certain circumstancesLO96-055
Animals, whether federal law requires county-owned pounds and shelters to hold cats and dogs for five daysLO94-041
Arrestee committed to jail by magistrate for violation of state statute, responsibility of county for cost of maintainingDM-0313
Assistant county auditor, public hearing is not required to replace or appointLO98-031
Assistant county auditor, public hearing required to set annual compensation for position or for change in annual compensation ofLO98-031
Auditor's travel expenses, commissioners court may reimburseLO95-038
Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District CourtGA-1032
Board appointing county purchasing agent, composition changes if county population exceeds 150,000LO94-005
Board of Park Commissioners of Jefferson County, members of the Pleasure Island Commission are officers of the City of Port Arthur and may not be appointed to theLO98-048
Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income isGA-0446
Cattle guard, Webb County Commissioners Court has no authority to replace on county roadJC-0245
Certificate or warrant for withdrawal of funds from county treasury, requirement that commissioners court issue in open meeting held in compliance with Open Meetings ActLO95-002
Civil litigation, county attorney is not required to represent county in; but may contract with county in private capacityLO97-011
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 activitiesGA-0338
Civil process, commissioners court may not establish office of or execute, independent from county sheriffDM-0273
Civil service commission's authority to adopt subpoena powerDM-0338
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 difJC-0098
Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housingDM-0485
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 statuteGA-0739
Computerized accounting system for elected county officials, authority of a county auditor to prescribeJM-1275
Concealed handguns, whether state or local governmental entity may prohibit carrying on its premises by posting notice under criminal trespass statuteLO95-058
Concentrated animal feeding operation, authority to regulateLO97-085
Consolidate counties, legislature may notDM-0252
Constable who failed to obtain peace officer's license during previous term of office, commissioners court's authority to appointDM-0322
Constable's failure to provide evidence of permanent peace officer's license on or before 270-days of taking office, commissioners court's role inJC-0514
Constable, commissioners court not required to fill vacancy in office ofJC-0140
Costs of court, whether county required to pay to district clerk in proceedings for forfeiture of contrabandLO93-089
County attorney's office, authority to move from county courthouse to private office and to provide county attorney with in-kind compensationLO96-141
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 prosecuteGA-0714
County development district projects are limited to those that will attract tourism to the countyJC-0291
County development districts lack authority to levy ad valorem taxesJC-0291
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 aGA-0831
County hospital district board of managers' action to lease hospital facility, commissioners court has no authority regardingLO97-017
County judge may not simultaneously serve on Board of Criminal JusticeLO95-052
County juvenile board, commissioners court lacks authority to review and approve contract for private counsel or vouchers to pay attorney's fees forJC-0209
County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not useJC-0329
County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee dutiesJC-0004
County permanent school fund, factors commissioners court may consider in distributing corpusLO98-006
County road right-of-way, county commissioners court may order the removal of the manufactured homes fromGA-0430
County road, status of in light of adoption of a surveyor report relocating county lineGA-0659
County school funds, Chambers County may not contract with a bank to invest or manage its permanent school fundGA-0388
County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources fromGA-0616
County vehicle, use of by county employee’s to transport a passenger who is not a county officer or employeeGA-0751
County-owned motor vehicle, an elected official may not inscribe his or her name onLO97-112
Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to payDM-0354
Courthouse security force, a commissioners court has no authority to commission and establish group of peace officers to serve asJC-0476
Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies fromJC-0014
Dallas County Levee Improvement District No. 1, Dallas County Commissioners Court should continue to appoint directors ofLO92-032
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 CodeJC-0468
Dirt, authority of county to sellGA-0085
Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply withGA-0446
Discretion to provide medical insurance for juvenile board, county commissioners haveGA-0715
Discretionary authority to establish, increase, decrease, or eliminate the compensation paid to the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources CodeGA-0799
Discretionary authority, commissioners court may decide whether to permit an assistant county attorney to engage in private practice of law from the official county attorney's officeLO98-086
District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interestGA-0730
District court, duty to provide certain funding forGA-0764
Drainage ditch on private land, whether county responsible for maintainingLO93-098
Duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s remains by cremation GA-0543
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 attorneyGA-0817
Electronic transfer of county funds by county treasurer, county auditor’s authority to require prior approval ofGA-0744
Eligibility for county medical insurance, juvenile board membersGA-0715
Ellis County sale of former supercollider property, requirements applicable toLO98-003
Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens inJC-0481
Emergency Medical Services administrator, commissioners court may absorb duties ofLO94-046
Emergency Medical Services, commissioners court must administer as a body at meeting subject to Open Meetings ActLO94-046
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 detaineeGA-0855
Emergency services, commissioners court may assign official addresses to rural property for provision of 9-1-1 emergency servicesLO94-016
Employee insurance records, subject to privacy constraints imposed by state and federal law an individual county commissioner is entitled to accessGA-0138
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 officeJC-0239
Employees, implied authority to hireJC-0264
Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty toGA-0446
Environmental protection laws, enforcement by countyLO97-085
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 asJM-1276
Expanded civil service system, inclusion of deputy sheriffs and deputy constables inDM-0338
Fee and court cost for support of judiciary, commissioners court must resolve annually to participate in state programLO94-048
Fee for drilling and equipping of water wells, county may not assess absent specific constitutional or statutory authorityLO98-118
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 sectionJC-0157
Flood control activities on privately-owned land may be undertaken only for a public purposeLO90-097
Gifts of personal property to alternative dispute resolution centers, county may not accept absent statutory authorityLO97-032
Grand jury terms, Brewster County has four annualLO94-003
Grievance regarding "auto allowance" not based on actual expenses, salary grievance committee not authorized to hearLO94-034
Guardianship proceedings, which fees and costs are payable by county if ward's resources are insufficientLO95-083
Harris County-Houston Sports Authority, municipal election was not required for creation of sports venue project provided voters of county approved projectDM-0455
Health care for indigent inmate, responsibility to provideDM-0380
Hours of operation of district and county clerks' offices, commissioners court may not setLO94-082
Immune from a suit for back pay brought by a judge who was under-compensated, a county isGA-0370
Independent audit, commissioners court may order when audit would best serve "the public interest"JC-0023
Indigent health care, point at which county bears duty to provide upon dissolution of hospital districtLO95-007
Inmate's medical expenses, county liable for when inmate not indigentDM-0413
Installation and monitoring motor vehicle interlock device that measures alcohol on operator's breath, county may not charge fee to defendant forLO96-118
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 contractGA-0566
Invoice submitted from Wood County Industrial Commission, commissioners court may pay invoice even though it is from an inn owned in part by member of the Industrial CommissionLO98-112
Jail commissary, authority to sell items to persons other than inmatesLO97-071
Jail facility, whether exempt from ad valorem taxation when county occupies under lease-purchase agreementDM-0383
Jail food service, commissioners court's authority to interfere with sheriff's food selectionLO96-017
Judicial salaries for Potter County courts at lawLO95-074
Juror reimbursement rates, a commissioners court may set different rates based only upon the length of a juror's serviceJC-0568
Jury fee, district judge may not set different amount unless commissioners court has abused its discretion in settingLO97-009
Juvenile detention facilities, commissioners court authorized to purchase or lease out-of-county land to provideGA-0613
Juvenile probation department contracts and expenditures, authority to approveDM-0460
Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901GA-0755
Liability under juvenile probation department contractsDM-0460
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 barJC-0481
Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preemptedGA-0699
Local human rights commissions, authority to file civil action in district courtLO93-010
Mass gathering, single permit for a mass gathering may not be issued for multiple eventsGA-0582
Medical examiner's office, commissioners court authorized to establish and fund (Affirmed by Tex. Att'y Gen. LO-97-004)LO95-088
Medical insurance benefits under county plan, whether county must provide to district judges whose jurisdiction is limited to countyLO95-056
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))JC-0102
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 appropriationDM-0199
Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving asGA-0348
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 aGA-0380
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 aGA-0380
Newspaper of general circulation, where county required by statute to publish notice in, county must evaluate content as well as proportion and diversity of subscribershipJC-0223
Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty toGA-0446
Office closure, county citizens' recourse against county officer who closes county office for all or part of workdayJC-0239
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 factJC-0119
Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of TransportationGA-0088
Park lands, county may acquire only within countyLO94-018
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 rulesJC-0228
Paupers' remains, authority to provide for disposition of by cremationGA-0301
Payroll preparation duties, commissioners court may assign to county director of personnelLO98-013
Personal vehicles, court may set amount to be paid deputy sheriffs for use of on official businessLO90-034
Plat revision, county must have express authority to charge fees or costs to applicants for aJC-0367
Plat, approval by commissioners court as prerequisite for filing with county clerkGA-0594
Policy manual, authority of county commissioners courts to require sheriff to produce sheriff's office policy manual for approvalGA-0994
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 taxesGA-0739
Proceeds generated from an inmate telephone contract are county funds, and they may be used for any legitimate county purpose.GA-1041
Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply toGA-0446
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 underGA-0903
Property tax abatement agreement, county may not amend retroactively after liabilities for a given tax year are due and owingGA-0134
Public funds, grant of county funds to school district or charter schoolGA-0664
Public Information Act exception relating to criminal investigations does not preclude county commissioners from accessing county records they are otherwise entitled to reviewGA-0138
Public road, commissioners court may not discontinue until road designated as replacement is ready, but may abandon or vacate without such replacementGA-0088
Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053GA-0835
Public school district trustee, office of county commissioner is incompatible with office ofDM-0311
Public school teacher may simultaneously hold office of county commissioner without renouncing salary attached theretoJC-0074
Publicly owned property used for public purposes, the Karnes County Correctional Center is exempt from ad valorem taxation if center isLO98-028
Purchasing agent, purchasing board may abolish positionLO97-064
Purchasing board, member may be removed by appointing bodyLO97-064
Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained inGA-0367
Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity'sGA-0446
Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility AuthorityGA-0885
Registered sex offenders, local government may broadcast certain information about on local cable television stationGA-0056
Reimbursement of judges for bar dues, county not required to provideLO92-072
Remove county officers, commissioners courts have no authority toDM-0114
Remove fencing from county road right-of-way, authority of county commissioners court toGA-0703
Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner’s seat under particular circumstancesGA-0769
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 aGA-0978
Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivisionJC-0260
Road administrator, county may employ instead of engineer if county is unable to hire engineerDM-0368
Salary formula for statutory county court judges set out in section 25.0005(e) of Government CodeJC-0157
Salary reductions for employees of single commissioner, authority of commissioners court to implement absent a written policyLO95-053
Salvage or surplus property, commissioners court may dispose of by donationDM-0268
School lands vested in county, commissioners court is trustee with non-delegable duty to sell or otherwise dispose ofJC-0399
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 countyGA-0405
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 boardsGA-0977
Seize assets, county may not seize assets from state of deceased pauper to cover costs of disposition of remainsJC-0228
Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect toJC-0162
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 speechGA-0658
Sheriff's suspension of deputy, commissioners court not authorized to hear appeal ofLO93-107
Sick leave pool, commissioners court may not create absent express statutory authorityJM-1160
Special statutory notice, publication of required prior to salary increase for county and precinct officersLO94-004
Subdivision plat, approval of by county does not make county responsible for maintaining drainage ditch on private landLO93-098
Subdivision plats, authority over in county’s unincorporated areaGA-0648
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 CodeGA-0230
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 tracksGA-1007
Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be plattedJC-0260
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 departmentGA-0229
Tax abatement agreement with owner of tax-exempt leasehold interest in tax-exempt real property, county's authority to enter intoJC-0300
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 courtGA-0600
Tax assessor-collector may be required by commissioners court to make weekly remittances of tax collectionsJM-1137
Tax increment bonds, authority of counties to issueGA-0981
Travel allowance as well as gasoline and automotive repairs, authority of commissioners court to provide its membersLO96-028
Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to payDM-0317
Use of county equipment, materials and labor, whether a county may maintain or work on private non-road propertyGA-0085
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 anGA-0816
Utilities, provider subject to section 232.0074 of Local Government Code need not comply with platting requirements to continue serving land connected to utility before September 1, 1989LO93-116
Vacancy in office of judge of a statutory county court, authority to fillDM-0377
Vacancy in office of justice of peace, commissioners court is required to fill (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0140 (1999))LO98-037
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 serviceGA-1041
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 regulationsGA-1041
Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code isGA-0446
Volunteer fire fighter, county commissioner may serve asJC-0385
Water district, authority to fund GA-0601
West Brazoria County Drainage District, Commissioners Court of Brazoria County constitutes governing board of and may set sales tax rate and call electionDM-0140
Wildlife, authority of county to care for and to house wildlife hotline operated by nonprofit corporationLO93-079
Budget and Finance
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 CodeGA-0929
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 officerGA-0308
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 officeGA-0308
Amend adopted budget where county does not face emergency, commissioners court may transfer funds at any time, but may notGA-0037
Amendments to budget during fiscal year, transfers between budgeted items, authority of commissioners court to create a new position mid-yearLO97-051
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 salaryGA-0865
Auditor's salary not part of expenses of office subject to five percent increase limitation imposed by section 111.013 of the Local Government CodeDM-0118
Authority of a county judge to unilaterally grant access to county financial records to a volunteer financial consultantGA-0839
Bills and accounts of the county hospital, county auditor must examine and approve before the commissioners court may order paymentGA-0618
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 courtGA-0997
Budget amendments by commissioners court order transferring amounts between budgeted items, authority of commissioners court to authorize budget officer to approve intradepartmental budget transfersGA-0154
Budget-making authority is vested in commissioners courtGA-0340
Calculation of the minimum salary of a county court at law judge under Government Code section 25.0005GA-1042
Cash could constitute seized and forfeited property under section 24.377 of the Texas Government CodeGA-0920
Child support office, authority of Orange County Commissioners Court to set and approve salaries of employees ofJM-1150
City streets, authority to expend county funds for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0036 (1999))LO97-084
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 throughJM-1276
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 moneyGA-0997
Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authorityGA-0997
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 courthouseGA-0778
Commissioners court’s emergency budget amendment, a county auditor has no independent authority to refuse to create budget lines pursuant to aGA-0872
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 LawDM-0128
Compensation, commissioners court may not delegate to another its duty to setLO94-031
Conflict of interest law does not preclude commissioners court from paying invoice submitted from Wood County Industrial Commission even though it is from an inn owned in part by member of the Industrial CommissionLO98-112
Cost of feeding prisoners in county jail, as regular and continuing expense of sheriff's office, must be subject to ordinary county budgeting processLO98-023
Countersign a county check, only the county auditor and her qualified assistants mayGA-0872
County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begunJC-0361
County budget officer, authority to appoint county judge asGA-0580
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 theGA-0929
County commissioners courts and a regional review committee are two of the entities that may approve expenditures from a district attorney’s asset forfeiture fundGA-0920
County Court at Law official court reporter, authority to set the salary and hours of workGA-0952
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 incarcerationGA-0534
County law library, commissioners court may vest management of in a committee selected by the county bar association but is not required to do soLO98-104
County may not loan money to road district but may invest sinking fund monies in bonds of the road districtJM-1276
County official's participation in statewide professional association, expenditure relating to does not require line item in county budget as a matter of lawLO97-080
County road district, county is not responsible for debts incurred by members of a commissioners court acting for aJM-1276
County treasurer, commissioners court may not remove from process of investing county funds but may restrict authority ofDM-0096
Defensive driving course fee collected by justice of the peace, commissioners court controls use ofLO98-067
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 ActGA-0834
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 aGA-0978
Discretionary authority to approve budgeted expenditure requested by county officer, commissioners court generally hasGA-0037
District and county clerks, commissioners court may not reduce salary except during regular budget session, but may reduce salaries of non-elected persons at any timeLO94-082
District judge's appointment of spouse of one of county commissioners to serve as county auditor, chapter 171 of Local Government Code does not prohibitLO93-008
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 differentialGA-0099
Donation of money, property, or services to chamber of commerce or similar private corporation that conducts local festivals, county may not makeJM-1199
Employee incentive plan, a county commissioners court may not provide bonuses under for work performed before the plan was adoptedGA-0492
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 CodeGA-0920
Expired budget, commissioners court has no authority to amendGA-0340
Faxing written notice of approved salary and personal expenses to elected officer, commissioners court is not precluded as matter of law fromJC-0471
Fee and court costs for support of judiciary, commissioners court must resolve annually to participate in state programLO94-048
Fee collected by prosecuting attorney for representing protective order applicant must be administered and disbursed in accordance with county budgeting processLO96-075
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 discretionGA-0696
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 notGA-0037
GA-0051 and GA-0620 correctly construed sections 152.013 and 152.016 of the Local Government CodeGA-0865
Gift to county for use in financing prosecutions, commissioners court has discretion to determine how to spend within limits of instrument creating giftLO94-083
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-1042
Guarantee the note of a road district, commissioners court acting for the county may notJM-1276
Hot check fund, auditor may require county attorney to submit documentation for expenses incurred fromJC-0084
Hot check fund, interest that accrues must be severed from principal and used to benefit countyJC-0062
Hot check fund, whether subject to county budgeting processDM-0357
Hotel occupancy tax, expenditure of revenue from tax on "key person insurance" policy as an authorized administrative costsGA-0682
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 claimsJC-0454
Individual members, before commissioners court adopts a budget it must provide written notice of proposed salary reduction toGA-0620
Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate county purposeGA-0059
Interest on dealer's motor vehicle escrow account is discretionary fund of assessor-collector, commissioners court not authorized to control useDM-0398
Interest on funds deposited in court accrues to principal and may not be retained by countyLO90-104
Investment functions, commissioners court may delegate to county officers or employees other than treasurerDM-0096
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 magistrateGA-0193
Juvenile board, commissioners court has no general supervisory authority overJC-0085
Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect toJC-0459
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 JC-0085
Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorneyGA-0523
Longevity pay, court may set rate for sheriff prospectivelyJC-0026
Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas ConstitutionJC-0026
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 QualityGA-0624
Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provideDM-0337
Mental health services proceeding costs, county responsible for paying those costs under section 571.018 of the Health and Safety CodeJC-0287
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 feeJC-0364
Motor vehicle certificate of title fee, tax assessor-collector does not have authority to award fee as extra compensation to salaried employeesGA-0639
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 budgetJC-0524
National forest revenues, allocation to school districts in countyJC-0253
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.GA-1042
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 havGA-0051
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 dutiesGA-0872
Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approveGA-0578
Payment to settle lawsuit against former county sheriff and deputies, authority of commissioners court to order where county is paying costs of defenseLO98-103
Performance bonus based on achievement of preset performance goals, commissioners court may not pay to elected county officialsGA-0661
Postage meter, whether county official may use in campaign for office in professional associationLO97-077
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 programGA-1039
Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims ofJC-0085
Ratification and payment of unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose GA-0652
Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when madeJC-0370
Records management and preservation fee may be spent only for records management and automation projectsLO92-007
Records management and preservation fees, commissioners court and county clerk together must determine what specific records management and preservation purposes may be paid withGA-0118
Records management and preservation fund, a county clerk may not expend money from the clerk's fund with the commissioners court's approvalGA-0638
Reduction of elected official's budget by amendment within court's authorityLO90-040
Reimbursement for audit services for Harris County Department of Education (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0055 (1999))LO93-083
Reimbursement for use of personal vehicle to conduct official duties, commissioners court may authorize commissioner to receiveJC-0433
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 countyGA-0814
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)JC-0543
Salaries of county court at law judges may be increased by budget amendmentJM-1138
Salaries of county court at law judges set annuallyJC-0159
Salaries of county official's employees, authority to set belongs to courtLO90-040
Salaries of district court personnel, district judges may not change from those set in county budgetLO96-003
Salaries of elected county officials, procedure for settingLO95-018
Salaries, sheriff's and constable's may not be increased mid-budget-yearGA-0470
Salary change, failure to provide written notice to individual county officials of salary change prohibits commissioners court from altering salary from prior yearGA-0620
Salary grievance committee may not consider aggrieved elected county officer's complaint after start of fiscal yearDM-0405
Salary grievance committee, before it adopts a budget the commissioners court must consider recommendations ofGA-0620
Salary grievance committee, public members of hold over in office when no grand jury convened in county during past yearLO96-067
Salary increases for court coordinators and secretaries, commissioners court must approve and has no duty to provide for in accordance with district court orderLO92-044
Salary increases for elected officers, special statutory notice must apprise public of maximum potential salary increasesJC-0255
Salary increases for selected employees, whether commissioners court may grant without amending county budgetJM-1268
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 cycleGA-0162
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 dedGA-0244
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 yearJC-0196
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 dutiesJC-0214
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 aGA-0578
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 budgetsJC-0427
Small business development center, authority of commissioners court to provide funds toLO98-007
Special account in county general fund, authority of commissioners court to establishGA-0340
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 26.008GA-0340
State funds allocated for expenses of county prosecutor's office are budgeted by commissioners courtJC-0365
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 fundsJC-0227
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 659.0445GA-0694
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 processJC-0269
Tax abatement contract, county may not tax property as new property value upon expiration ofDM-0094
Tax assessor-collector's office, whether commissioners court may refuse to fund certain positions inLO92-022
Tax, county may levy either to establish juvenile care/detention facility or to pay other county for juvenile care and training servicesLO94-088
Transfer funds from one line item to another existing line item, commissioners court may in absence of emergencyGA-0037
Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplementGA-0426
Transfer of funds from one budget line to another, county amending budget by means of does not have to follow emergency expenditure provisionsGA-0081
Transportation of juveniles, commissioners court may amend budget to provide for only if it finds "grave public necessity" to meet "unforeseen condition"DM-0087
Travel expense allowance granted auditor, commissioners court may not require county auditor to provide documentation supportingLO96-065
Trust funds in custody of court, county may not investLO96-023
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 CodeDM-0258
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 authorityJC-0214
Venue project, Terrell County may not borrow money to pay to constructGA-0602
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 reviewGA-0353
Elections
Boundaries for "wet/dry" election contain entire political subdivision for which election is calledDM-0044
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 boundaryDM-0044
County election commission is not subject to the Open Meetings ActGA-0361
County equalization tax, authority of the citizens of Harris County to use repealed chapter 18 of the Education Code to increase the equalization taxGA-1047
County judge, Texas law does not authorize a municipal recall election to be ordered by aGA-0870
Emergency services district in Navarro County, November 6, 2012 is the next available date to hold election to createGA-0925
General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than atJC-0384
Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivisionGA-0013
Local option election, when petitioners must make deposit to file petitionGA-0783
Local option election; county payment for expenses ofGA-0783
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 invalidGA-0093
Non-binding referendum on age of criminal responsibility, county may not hold election absent specific statutory authorityLO94-091
Office of county election administrator, authority to contract with other political subdivisions to fundDM-0134
Petition for dissolution of drainage district, commissioners court has no authority to permit withdrawal of petition and must call the required electionLO96-026
Petition for election to adopt Optional County Road System containing provisions not authorized by statute invalidDM-0172
Professional baseball and football facilities, county's authority to call an election to financeLO96-120
Randall County may divide itself into fewer than four justice of the peace and constable precincts, but must remain divided into four commissioner precinctsJC-0217
Redistricting of precincts, boundaries of hospital district established in authorizing legislation as coextensive with commissioner's precincts of county do not change withDM-0186
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 completeJC-0384
Venue project, Harris County not required to hold election forDM-0453
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 consisGA-0156
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 StateJM-1275
Emergency Services Districts
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 beginsGA-0941
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 overlapGA-1022
Federal Funds
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 sheriffGA-0470
Interlocal Cooperation
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 ConductGA-0912
Autopsy of resident who dies in neighboring county hospital, county of residence may not contract to conduct or pay forJC-0071
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 projectGA-0968
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 systemGA-0366
Excess office space, county is authorized to lease to appraisal districtJM-1197
Fire prevention district or volunteer fire department, authority of county to contract withJM-1209
Indemnification clause in county contract with appraisal district to provide 9-1-1 services, validity ofGA-0176
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 countyGA-0189
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 agreementJC-0219
Office of county election administrator, whether a county has authority to contract with other political subdivisions to fundDM-0134
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 themJC-0518
Private roads in municipality, commissioners court may not enter into interlocal contract to maintainJC-0288
Sheriff and constable patrols, county may contract with municipal utility district to provide additionalLO98-079
Solid waste disposal services, county authority to provide such services by contract or otherwise to persons in a municipality's extraterritorial jurisdictionGA-0988
State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission forJC-0171
Legislation and Legislative Authority
Alcohol-free zone, commissioners court may designate only a school operated by school district located within city of 900,000 or more as part ofLO96-134
All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beachGA-0934
Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of an independent elected officialGA-1018
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 Article VIII, section 1-g(b) of the Texas Constitution, a county qualifies as a "political subdivision" as that term is used inGA-0953
Assistant county attorney, commissioners court's role in appointment processGA-0350
Attorneys, Harris County Commissioners Court may not authorize employment of any individual commissioner or by sheriffJM-1281
Bolivar bridge project, Harris County may not participate in because no part of project lies within Harris CountyGA-0039
Budget amendments by commissioners court order transferring amounts between budgeted items, authority of commissioners court to authorize budget officer to approve intradepartmental budget transfersGA-0154
Building energy efficiency performance standards, county cannot enforce in unincorporated areasJC-0457
Cemetery, commissioners court may determine whether non-human animals may be buried inLO93-016
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 establishGA-0332
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 employeesGA-0857
Concealed handguns, county may prohibit carrying of under license in county parkDM-0364
Condominium development, authority to regulate as a subdivision of landGA-0223
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 functionsGA-0857
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 dutiesGA-0857
County commissioners court may not without consent presume to deduct the emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowancesGA-0857
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, 1995GA-0012
County employees and equipment, whether county may authorize use of to transport agricultural commodities for a community action organizationJM-1240
Dangerous wild animals, county required to adopt certificate of registration program forJC-0552
Donations, statutory authority of county to acceptJC-0443
Duties not assigned by law, the commissioners court may delegate to an appropriate elected county officialGA-0503
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 establishGA-0683
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 constableGA-0656
Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located inJC-0260
Fee for transportation of bodies to medical examiner's office, whether commissioners court may charge funeral homeLO94-066
Fire code for commercial establishments and public buildings in unincorporated area, court may not limit enforcement ofLO90-016
Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes ofDM-0150
Handgun ownership, commissioners court may set fee charged for request of criminal history record on applicant forLO94-084
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-visibleGA-0034
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 CodeJC-0065
Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement inJC-0459
Landfills exempt from state law permitting requirements, authority of county to enforce ordinance regulatingLO93-109
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 benefitsGA-0284
Order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoptionDM-0213
Pauper's remains, county may adopt rules regarding disposition of and receipt of information from survivorJC-0228
Payroll deductions for membership dues to employees associations, authority to restrictJC-0369
Payroll preparation and claim processing function that legislature has not assigned to specific county officer, court's authority to delegateDM-0440
Private subdivision's roads, commissioners court may amend order extending county traffic rules toGA-0080
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 administratorDM-0034
Public Weigher, Kerr County Commissioners Court has authority to abolish office ofDM-0035
Rabies control authority in unincorporated areas of county, commissioners court must designate officer to act asGA-0466
Rabies control authority, commissioners court may designate constable to act as, but is not required to do soGA-0466
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 CodeGA-0937
Regulating the outdoor burning activities described in Local Government Code subsection 352.081(f), the Legislature has prohibited a commissioners court fromGA-0930
Rescind or modify orders and decisions, authority of commissioners court toJC-0136
Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutionalDM-0123
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 adoptGA-0930
Security fee, commissioners court's authority to adopt (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))DM-0283
Sheriff's office, commissioners court may not micro-manage deployment of resources and personnel ofJC-0214
Smoke-free environment in county buildings, commissioners court has authority to promulgate regulation creatingDM-0183
Speed limit on county road or highway, commissioners court may lower without traffic study, but not to less than thirty miles per hourJC-0079
Storage of dead human bodies at medical examiners office, commissioners court may not authorize charge forLO92-020
Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted despite otherwise applicable requirementJC-0260
Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutesGA-0129
Underground water district, no authority to create (Affirms Tex. Att'y Gen. Op. No. JM-1024 (1989))LO90-020
Where a county has express authority to contract, it has implied authority to negotiate terms of the contractGA-0302
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 isGA-0857
Meetings
Agenda items placed by absent commissioner, authority of commissioners court to discussLO95-032
Agenda, authority to prepareDM-0228
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 yearGA-1001
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 cJC-0506
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 ActJC-0307
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 shJC-0307
Emergency meetings under the Open Meetings Act, commissioners court may hold as special termJC-0352
Executive session, commissioners court not authorized to meet in to discuss proposed city or county property tax abatementLO97-096
Executive sessions, commissioners court has discretion as to whether to admit county clerk to itsGA-0277
Final action may be discussed or amended in a subsequent meeting provided subject set out in public notice in accordance with Open Meetings ActDM-0228
Local Government Code subsection 81.005(a) is directoryGA-1001
Notice of meeting, commissioners court must repost if meeting is continued to any day other than day immediately followingDM-0482
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 ActJC-0307
Presentations from speakers, court my impose reasonable limitations but may not discriminate against particular point of viewLO96-111
Procedural rulesDM-0228
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-1001
Regular session of commissioners court convened on a Tuesday following a Monday holiday, validity ofLO95-032
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 lawJC-0255
Tape of executive session, commissioners court is proper custodian ofGA-0277
Wetlands regulation program, public hearing required to be conducted by commissioners before adoptingLO93-002
Purchasing and Contracts
A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roadsGA-1010
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 businessGA-0158
Airport land, procedures applicable to lease for airport purposesGA-0190
Airport property, county must sell or lease in compliance with public auction or, if applicable, sealed bid or sealed proposal requirementsLO95-066
Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bidsJC-0136
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 gratuitouslyJC-0034
Assignment of contract and option to extend lease term, county's authority to enter into coliseum concession contract that authorizesLO98-057
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 countyJC-0443
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 GA-0533
Automated information systems, purchase by local governments through state catalogue purchasing procedureDM-0350
Carpenter, whether within professional services exception to competitive bidding requirementJM-1136
Claims, procedures for payment ofDM-0440
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 purposesGA-0552
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 coGA-0313
Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court orderJC-0516
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-0565
Competitive bidding process, food service contract for county jail subject toLO98-023
Competitive bidding, whether contract between commissioners court and funeral home association for transportation of bodies to medical examiner's office is subject toLO94-066
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 withGA-0136
Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of officeGA-0671
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 CodeGA-0938
Constable may not purchase for personal ownership a police-equipped car under local purchasing program established for local governments by General Services CommissionLO97-109
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 onDM-0004
Contracts for work performed and paid for by the day, restrictions on exemption from competitive bidding forLO98-015
Contracts to "farm out" prisoners, sheriff may not unilaterally enter intoLO98-072
Contracts, commissioners court may not refuse to enter into if such refusal will violate Eighth or Fourteenth Amendment rights of county prisonersLO98-072
County attorney is not "specialized local entity" for purposes of competitive bidding requirementsJM-1136
County attorney, commissioners court may contract with to represent county in general civil litigation in county attorney's private capacityLO97-011
County authority to purchase and then lease generator to a radio stationGA-0583
County board appointed by commissioners court to manage county computer system may contract with the Department of Public Safety on behalf of commissioners court to receive access to telecommunications systemJM-1224
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 statutesGA-0302
County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisonersGA-0229
County pruchase and resale of construction or other heavy equipment, applicability of competitive bidding statutesGA-0628
County Purchasing Act, purchases made by district attorney or criminal district attorney from felony forfeiture funds pursuant to chapter 59, Code of Criminal Procedure are subject toLO94-040
County Purchasing Act, contract awarded in violation of Act is not void but may be voided by a courtGA-0247
County school land, authority of commissioners court to accept lease requiring lessee to make expenditures for land management and maintenanceGA-0958
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 soJC-0584
Courthouse office, commissioners court may provide to a title company to examine, inspect, and copy public records, but may not charge for use of the spaceLO98-091
Courthouse security, Colorado County Commissioners Court may not contract with county attorney to provideLO98-026
Culverts and road sign components, purchasing separately may violate competitive bidding lawsLO94-087
Depository, section 131.903 of the Local Government Code, not chapter 171 of the same code, governs conflicts of interest in county's selection ofLO97-093
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 CodeGA-0070
Design/build contract for construction of public work, commissioners court may not award on basis of competitive bidding where architectural or engineering services are part of contractJM-1189
Design/build contract including architectural services, county is authorized to enter into with private vendor to design and construct detention facilityLO96-117
Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act and Professional Services Procurement Act authorize county to requireJC-0521
Employees to perform purchasing duties, court's authority to hireJC-0264
General contracting authority, commissioners court, rather than sheriff, possessesLO98-072
Gifts and donations to compensate district attorney's employees, commissioners court's authority to acceptGA-0562
Grants for economic development, authority of county commissioners court to makeJC-0092
Hold and save harmless provision requiring county to indemnify another party for damages, application of constitutional restrictions on county debtDM-0467
Hospital district's purchases and contracts, commissioners court may delegate to county purchasing agentLO94-050
Hospital district, whether contracts and board action require approval of commissioners courtLO96-092
Jail commissary proceeds, purchases to be paid from need not be competitively procuredJC-0122
Justice Court Technology Fund may not be used for constable education and trainingGA-0560
Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority overDM-0439
Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners courtDM-0439
Land for burial of deceased paupers, authority of county to purchase and maintainGA-0235
Law enforcement services, county's authority to contractually provide law enforcement services to a nongovernmental associationGA-0553
Lease county real property, whether county commissioner mayGA-0090
Lease of county property to a museum, whether county must lease pursuant to competitive proceduresJC-0582
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 sectionGA-0706
Lease of office space, findings that commissioners court must make to lease vacant office space to title company for certain functions and to permit private attorney to practice in the spaceLO98-091
Lease-purchase agreement with appraisal district, statutory procedures applicable toLO96-053
Lobbyist, commissioners court may use county funds to hire to lobby legislatureJC-0089
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, underGA-1010
Local government corporation created by county not subject to competitive bidding requirements of County Purchasing ActJC-0206
Medical services for county jail inmates, commissioners court has authority to contract with physician to provideDM-0111
Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirementsDM-0226
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 termJC-0582
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 placJC-0439
Office building received as donation and not used for county purposes, statutory procedures applicable to lease-purchase ofLO96-053
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 ActJC-0307
Open Meetings Act, evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject toJC-0060
Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting forDM-0067
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 attendJC-0319
Prevailing wages, fringe benefits, and English proficiency, county may not specify as conditions for nonpublic works contracts subject to competitive bidding unless directly related to work to be doneJM-1215
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 CommitteeGA-0858
Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made fromDM-0246
Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bidsDM-0246
Public works contract for construction of vehicle maintenance building, County Purchasing Act competitive bidding requirements applicable toJM-1220
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 corporatiJC-0100
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 courtGA-0560
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 issueGA-1049
Purchasing agent appointed by commissioners court, commissioners court may prescribe duties ofLO98-115
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 officesGA-0132
Purchasing agent, authority to appointJC-0264
Purchasing culverts for resale to private citizens, county may do so to carry out a public purpose but not merely to earn a profitLO90-022
Quantum meruit payments on contract awarded in violation of County Purchasing Act, commissioners court lacks authority to authorizeGA-0247
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 claimGA-0383
Ratification, commissioners court lacks authority to ratify contract awarded in violation of County Purchasing ActGA-0247
Real property, whether county may execute vendor's lien note for purchase ofLO93-090
Requisition for supplies or materials, auditor's duty to issueLO93-091
Resale of property purchased at tax sale, county may conduct privateJM-1232
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 aGA-0070
Spot purchase of supplies or materials, county may make without competitive bidding when the contractor obligated to meet county's requirements is unable to do soJM-1254
Surplus property, county lacks authority to exchange for non-monetary considerationJC-0104
Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zoneDM-0456
Tax to establish juvenile care/detention facility, county may use proceeds from to contract with private facility operatorLO94-088
Telephone services to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provideLO97-030
Total cost bid specifications, county may not combine purchase and later sale of the same piece of property into one transaction for competitive-bidding purposesJM-1248
Unit-price contract may be subject to statutory competitive-bidding and performance- and payment-bond requirements if unit price multiplied by the estimated amount needed triggers the statutes (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990))JM-1243
Use of county vehiclesGA-0480
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 feeGA-0770
Venue project, Terrell County may not borrow money to pay to constructGA-0602
Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to if court determines the grant is constitutionalJC-0082
Roads and Bridges
A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roadsGA-1010
Abandonment of road by vote of commissioners court vests title in abutting property ownersLO94-053
Access to public roads in subdivision, landowner may not block by locked gate or other obstructionJC-0172
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 ofJM-1276
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 revenuesDM-0126
Bond election, county road district bond election is not rendered invalid if amount to be voted upon is changed after a public hearingJM-1276
Center stripe, county may lay on county road in accordance with Texas Manual on Uniform Traffic Control DevicesJC-0175
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 JC-0036
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 onJC-0036
City streets, authority to expend county funds for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0036 (1999))LO97-084
Closure of public road requires unanimous vote of commissioners courtJC-0116
Commissioners court's approval of plat for filing with county clerk does not constitute acceptance of dedication of private roads to the publicGA-0594
Commissioners courts, whether they are authorized to remove structures from the right-of-way that they deem to be safety hazardsGA-0693
Competitive bidding laws, purchasing culverts and road sign components separately may violateLO94-087
County road right-of-way, a school district has no right to install fiber-optic cable inGA-0793
Dedication of roads in subdivision plat not effective until accepted on behalf of public by commissioners courtGA-0594
Dedication of subdivision road, effect of county’s qualified acceptance GA-0513
District court has no authority to allocate road and bridge fundLO98-087
Donation for improvement of specific county road, whether commissioners court may agree to conditionJC-0073
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 acceptGA-0345
Donations of materials to aid in maintenance of roads must be accepted by commissioners court, not by individual ex officio road commissionerJM-1155
Drainage ditch on private land, county not responsible for maintainingLO93-098
Drainage easements and right-of-way, disposing of abandonedGA-0471
Drainage of road, county has duty to provide for when it accepts municipal utility district's dedication of road to public useLO94-044
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 toGA-0472
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 toGA-0473
Ex officio road commissioner may not contract with public or private entity to perform road work in precinctGA-0295
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 precinctDM-0158
Ex officio road commissioners of two precincts may not jointly hire employees to work in both precinctsGA-0295
Excavating or cutting the surface of a county road, activities of do not include boring or tunneling under a county roadGA-0722
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 Subdivision roads, Transportation Code GA-0319
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 GA-0722
Gate across third class road, landowner must remove if commissioners court constructs a cattle guard to replaceLO98-120
Harris County Road Law governs Harris County's sale of land acquired but never used for road purposesLO93-047
Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivisionGA-0013
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, underGA-1010
Maintenance of any particular county road, county's decision as to frequency of maintenance is matter for discretion of commissioners courtGA-0128
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 theGA-1014
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 acceptGA-1014
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 CodeJC-0250
Name and rename county road, authority of commissioners court toJC-0301
Neighborhood road, when county may condemn private property to establishDM-0487
No county roads in unincorporated area of one precinct, administration of roads under ex officio road commissioner system may continue when there areGA-0295
Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to removeGA-0139
Optional County Road Law of 1947, county that adopted law prior to its repeal continues to operate underDM-0368
Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements forJC-0517
Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of TransportationGA-0509
Private road, a county may not repairGA-0359
Private roads become public roads subject to county maintenance when dedicated to county and accepted by commissioners courtJC-0172
Private roads used for school bus routes, county is not authorized to maintainDM-0013
Public road, commissioners court may not permanently cease to maintain without formerly ordering that road be discontinued and designating alternative routeGA-0128
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 whiJC-0100
Repair of road located within city limits, county is authorized to pay for if road is integral part of or connecting link with county's road systemLO98-116
Right-of-way, county's authority to permit public utilities to use does not entail authority to permit third parties to use for private benefitJC-0238
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 expenseJC-0556
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 landJC-0238
Road and bridge fund among precincts in Hill County, commissioners court has broad discretion to allocateLO98-087
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 highwayGA-0576
Roads dedicated to public, county must accept for maintenance before enforcing speed limits onLO95-064
Speed bump, county may install on county road with permission of Texas Department of TransportationJC-0175
State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bondsJC-0139
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 instanceJC-0503
Stop signs, commissioners court order installing constitutes traffic regulation subject to hearing requirementGA-0129
Storm water sewer, county may use and maintain to extent necessary to accomplish duty to drain roadLO94-044
Subdivision road, a county may repair but the road will thereby become part of the county road systemGA-0359
Subdivision roads, authority of commissioners court to improve and assess costs of improvements against property owners within subdivisionDM-0204
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 electorateJM-1276
Third-class road, property owner has no authority to install gate if county has installed cattle guardsLO95-065
Traffic fatality markers, county's authority to erect in subdivision with restrictive covenants, constitutionality of use of Latin crosses asLO97-018
Traffic regulation on non-county maintained public roads in subdivisions located within a fresh water supply district in an unincorporated area of the countyGA-0809
Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutesGA-0129
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 vehiclesGA-0080
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-wayGA-1013
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.GA-1013
Trees and shrubs in county road right-of-way, commissioners court has general authority to remove and dispose of (depending on easement contract)JM-1241
Revised: June 08, 2012