Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A county equalization tax under former chapter 18, Education Code, appears to provide a county school board operating thereunder meaningful discretion with regard to the tax such that a court could determine that the tax is not constitutionally infirm under article VIII, section 1-e.KP-101
A county may not reduce the amount of funds provided for the support of the statutory probate courts in the county because of the availability of funds from the countyís contributions fundGA-0875
Additional fees paid to a court reporter, a district and county court at law court reporter may be paid salary as well as compensated for additional work performed without violating article III, section 53 of Texas ConstitutionGA-0155
Agency of county, money received by may be put in special account in county depository if county commissioners court so ordersJC-0228
Allocated judicial funds, a county may not use the allocated judicial funds contrary to the requirements established by statuteGA-0875
Amend adopted budget where county does not face emergency, commissioners court may transfer funds at any time, but may notGA-0037
An elected county or precinct officer aggrieved by the setting of the officerís 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
Appointment of counsel in criminal cases for non-indigent defendantsGA-0884
Attorney's fees of county commissioners investigated for violation of the Texas Open Meetings ActKP-016
Attorneys fees, county may not reimburse private litigants for costs in suit involving county road right-of-wayDM-0133
Authority of a county judge to unilaterally grant access to county financial records to a volunteer financial consultantGA-0839
Autopsy in out-of-county death, county has no authority to expend funds forLO94-060
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 during fiscal year, transfers between budgeted items, authority of commissioners court to create a new position mid-yearLO97-051
Changes to the budget after it has been finally approved, subsection 111.010(b) of the Local Government Code prohibits the commissioners court from makingKP-012
Chemically dependent or mentally ill persons, county may seek reimbursement for costs of county clerk's services with regard to emergency detention and court ordered treatment ofJM-1234
City streets, authority to expend county funds for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0036 (1999))LO97-084
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 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
Commissioners court authority to establish and supervise county collections department and delegate collection of money to private collections firmKP-203
Commissioners court may not delegate its approval authority of payroll, claims, and other payments to county treasurerKP-160
Commissioners court may not fund the salary of a county fire marshal and safety coordinator position through revenue generated by a sales and use tax imposed pursuant to Tax Code chapter 324KP-162
Commissioners courtís emergency budget amendment, a county auditor has no independent authority to refuse to create budget lines pursuant to aGA-0872
Common-law rule providing that interest follows principal applies to funds generated by operation of the jail commissaryGA-0791
Compensation of appointed amicus attorney, attorney ad litem, guardian ad litem, private suit affecting parent-child relationship, indigent parentsGA-0489
Continuing education for local law enforcement officers, funds allocated for may not be diverted to the general fund of a county or municipalityJC-0190
Countersign a county check, only the county auditor and her qualified assistants mayGA-0872
County attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collectionKP-030
County auditor has reasonable discretion to refuse to approve a payment of county funds on the grounds that payment is prohibited by lawGA-0618
County auditor may require use of county's employer identification number on all accounts in county depository in which funds belonging to the county are depositedJM-1263
County bears "reasonable expense" of non-appellate transcripts to which indigent parent in a termination proceeding is entitledGA-0461
County energy transportation reinvestment zonesGA-1076
County indigent health care, commissioners court authority to adopt eligibility requirementsKP-057
County school funds, Chambers County may not contract with a bank to invest and manage its permanent school fundGA-0388
County taxes collected by an appraisal district pursuant to a contract under Tax Code subsection 6.24(b), interest earned on, belongs to the county and, as such, must generally be remitted to the countyKP-092
County treasurer may not on her own initiative transfer funds out of county depositoryLO90-061
County treasurer, commissioners court may not remove from process of investing county funds but may restrict authority ofDM-0096
Court fees collected by district clerk, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basisJC-0031
Court reporter's record for appeal, county is obligated to pay for when it has been ordered to do so by the court under the Family CodeGA-0461
Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies fromJC-0014
Defensive driving course fee collected under Transportation Code by justice of the peace, commissioners court may use to pay only that portion of salaries and expenses of justice's of the peace office that corresponds to administering programLO98-067
Delinquent taxes as debt for purposes of statute precluding disbursement of county funds to person indebted to the county GA-0518
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
Depository, county not authorized to deposit funds in the demand accounts of savings and loan associationsDM-0099
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
Display of the United States flag on county property, county has express authority to expend funds forKP-104
Donation of county tax funds to private, nonprofit industrial development corporationLO96-035
Donation of money, property, or services to chamber of commerce or similar private corporation that conducts local festivals, county may not makeJM-1199
Donations, county may receive as contribution toward disposition of deceased pauper's remainsJC-0228
Drug forfeiture funds held by sheriff, 10 per cent available to county for drug abuse treatment and prevention programs is 10 per cent of amount credited to fund, including amount on deposit at time of commissioners court's requestLO90-028
Drug sting operation, whether county's expenditure in serves public purposeLO95-013
Election contest, county may not reimburse sheriff for legal fees incurred in defendingDM-0431
Electronic transfer of county funds by county treasurer, county auditorís authority to require prior approval ofGA-0744
Electronic transfer, tax funds from tax assessor-collector's account in county depository to county treasurer may be made byJC-0231
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
Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judgeGA-0888
Family Code section 264.006, a county is authorized to provide services to and support of children in need of protection and care and may contract with other organizations to perform those services pursuant toKP-091
Fee collected by prosecuting attorney for representing protective order applicant must be administered and disbursed in accordance with county budgeting processLO96-075
Fee imposed on bail bond sureties for prosecutor longevity pay and indigent defense, surety's entitlement to a refund; whether refunds paid by county may be deducted from amounts county remits to comptrollerGA-0207
Fees collected by a county sheriff, county clerk, district clerk or justice of the peace for the county may not be placed in an individual bank account in the countyís depository that enables the officer to control and withdraw funds GA-0636
Fees collected by county bail bond board and placed in county general fund may be used only to administer and enforce Bail Bond ActLO94-068
Fees collected by county officers for the county must be deposited in the county treasury, absent a specific statute providing for a different disposition GA-0636
Finder's fee, commissioners court may pay to person who locates buyer for county-owned real property sold at auctionJM-1262
Fine assessed against defendant in criminal case, disposition of increase imposed by modification of community supervision termsJC-0173
Flood control projects on privately-owned land, whether expenditures for are permissibleLO90-097
Forfeiture funds in multicounty judicial district, management, control and use of, audit authority overDM-0247
Forfeiture funds must be deposited with county treasurer, attorney representing the state or local law enforcement agency may be sole signatory on any expenditure from special funds DM-0247
Forfeiture funds, expenditure by district attorney to replace carpet in county buildingKP-126
Forfeiture funds, expenditure of by State's attorney to investigate a juvenile detention centerKP-088
Funds belonging to the county from a particular tax year, the accounting and remittance of, would depend at least in part on the terms of any contract entered into pursuant to Tax Code subsection 6.24(b) then in place.KP-092
Funds deposited as a cash bail bond, clerk is required to charge administrative fee for the return ofGA-0436
GA-0051 and GA-0620 correctly construed sections 152.013 and 152.016 of the Local Government CodeGA-0865
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
Groundwater conservation district confirmation election, Election Code provides that county will conduct election for monetary consideration; county is not authorized to pay for the election and may not make a donation or grant to the district for that puJC-0444
Guarantee of loan to private entity barred by constitutional provision prohibiting a county from lending its creditLO90-099
Helicopters, sheriff may expend proceeds derived from chapter 59, Code of Criminal Procedure, to purchase and maintainLO96-096
Holiday lighting and decorations, authority to expend funds forKP-116
Hot check fund, auditor may require county attorney to submit documentation for expenses incurred fromJC-0084
Hot check fund, county attorney's authority to sponsor children's book withGA-0475
Hot check fund, relation to other county expendituresDM-0357
Hot check fund, statute does not permit prosecutor to use to pay restitutionJC-0168
Hot-check fund and state office supplement, county need not use county funds to pay the employer's share of employment taxes on assistant district attorney salary supplements paid from these sourcesJC-0397
Impermissible grant of public money, use of hot check fund to pay restitution that prosecutor, in error, failed to include in court order isJC-0168
Individual members of commissioners court, before commissioners court adopts a budget it must provide written notice of proposed salary reduction toGA-0620
Investment functions, commissioners court may delegate to county officers or employees other than treasurerDM-0096
Investment in mutual funds holding only adjustable rate mortgages that obligate United States agenciesDM-0202
Investment officer under Public Funds Investment Act, authority to invest certain funds handled or controlled by county officialsLO96-074
It is likely a court would conclude that, absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.KP-004
Jail commissary accounts, county auditor is authorized to review even when maintained by private operatorDM-0067
Jury fee, treasurer may not pay more than amount set by commissioners court even if additional amount does not come from county fundsLO97-009
Justice of the peace may wire county funds to treasurer's account in county depositoryLO98-004
Juvenile justice alternative education program, county's authority to fundJC-0459
Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in proceeding underGA-0017
Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels ofJC-0125
Law library fund, use of to purchase and maintain statutes and reporters to be located in district and county court chambersLO93-043
Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorneyGA-0523
Legal fees of district attorney; county has no duty to pay under Local Government Code section 157.901GA-0755
Legal fees of district judge, county may pay if county interests are at stakeJC-0047
Lending of credit, county does not violate constitutional prohibition against by providing goods to purchaser before receiving payment if there a public purpose and sufficient controls on transaction (overrules Tex. Att'y Gen. Op. Nos. MW-461 (1982) & JMJM-1229
Literacy programs, authority to expend funds forKP-116
Lobbyist, commissioners court may use county funds to hire to lobby legislatureJC-0089
Local government corporation created by county and funded with county funds not subject to competitive bidding requirements of County Purchasing ActJC-0206
Local prosecutor's forfeiture fund deposited with the county treasurer for placement in county depository (Affirmed by Tex. Att'y Gen. Op. No. DM-247 (1993))DM-0162
Money allocated from the state judicial fund into a countyís contributions fund must be used only for court-related purposes for the support of the statutory probate courts in the countyGA-0875
Money dedicated by constitution, statute, or grant terms to road and bridge purposes may not be diverted to other purposesGA-0153
Motor vehicle certificate of title fee, tax assessor-collector does not have authority to award fee as extra compensation to salaried employeesGA-0639
Motor vehicle inventory tax statement, county retains fines for failure to file even if tax collected by another taxing unit or appraisal districtLO98-085
Motor vehicle registration fee increase, funds must be deposited in the general fund of the county but are dedicated to office of tax assessor-collector to defray costs for administering motor vehicle registration lawsDM-0199
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
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
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
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
Online legal research services for public under plan that also benefits private attorneys, law library fund may be used to obtainGA-0078
Pay telephones in county jails, proceeds from should be paid into county treasuryDM-0019
Payment to settle lawsuit against former county sheriff and deputies, authority of commissioners court to order where county is paying costs of defenseLO98-103
Postage meter, whether county official may use in campaign for office in professional associationLO97-077
Prepaid phone cards, revenue from the sale of in the county jail commissary, should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the countyGA-0814
Pretrial diversion fees, disposition ofJC-0463
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
Property donated to crime victims' office can only belong to the county because a county commissioners court is the only body authorized to accept giftsGA-0956
Public notice of a proposed budget increase to a sheriff's salary prior to setting the sheriff's salary, subsection 152.013(b) of the Local Government Code requires a commissioners court to provide, and failure to do so invalidates any increaseKP-012
Public purpose, expenditure to private entity from county funds must serve and must be accompanied by conditions to ensure accomplishment ofJC-0080
Records management and preservation fund, a county clerk may not expend money from the fund without the commissioners court's approvalGA-0638
Records management and preservation fund, commissioners court and county clerk must agree on use ofDM-0492
Records management and preservation fund, expenditure for microfilming records in county clerk's officeDM-0492
Registry funds withdrawn on or after September 1, 1997, clerk must allocate to county general fund ten percent of any interest earned onLO98-106
Reimburse city for expenditure for gifts to legislators, where county did not participate in decision to make the expenditure and did not determine whether it could serve a county purpose, county may notJC-0432
Reimbursement by state to sheriff's department in excess of cost for transporting prisoners from county jail to Texas Department of Criminal Justice is compensation to be deposited in county treasuryLO97-107
Required notice of the sheriff's proposed salary increase, if the Coke County Commissioners Court finally approved its budget prior to providing, the sheriff's salary for 2014-2015 must remain at the prior year's amountKP-012
Restitution for dishonored check collected by justice of the peace is not county fundsDM-0396
Road and bridge fund, commissioners court has broad discretion to allocate among precincts, subject to judicial review and abrogation for abuse of discretionGA-0295
Salaries of elected county officials, procedure for settingLO95-018
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, before it adopts a budget the commissioners court must consider recommendations ofGA-0620
Salary increases for officers and employees do not become effective until new budget is adopted by commissioners court, even if budget is not adopted until after start of new fiscal yearJC-0147
Salary of deputy sheriff who escorts prisoner from jail to county law library, law library fund may not be used to payLO98-104
Salary supplements, district attorney who chooses to use hot-check fund and state office supplement for salary supplements is responsible for assuring compliance with federal law with respect to employment taxes onJC-0397
Scope of Local Government Code section 157.901 concerning county's duty to provide legal representation of county officers and employeesKP-031
Sheriff - All funds held by the sheriff in his official capacity are subject to oversight and audit by the county auditor whether or not they are county funds; although, the county sheriff has limited authority to maintain certain funds outside of the county treasuryKP-079
Sheriff may make expenditures from proceeds of commissary fund only to fulfill purposes described in section 351.0415, Local Government Code, but initial determination is with sheriffGA-0901
Sheriff's funds properly held outside the county treasury - A court would have a basis to conclude that there is no authority to require an auditor's countersignature on sheriff's funds properly held outside the county treasury in a county with a population of less than 190,000, unless a statute provides otherwiseKP-079
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
Small business development center, authority of commissioners court to provide funds toLO98-007
Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, must be placed with county treasurer for deposit in county treasuryDM-0257
State salary supplement for county judge, county may not pay the employer's share of employment taxes on state salary supplement from the monies provided by the stateJC-0397
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
Statutory county court-at-law supplemental salary funds, county that withdraws from program mid-year need not be paid monthly installment but is entitled to proportionate share of year-end excess fundsJC-0305
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
Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a ofJC-0250
Tax assessor-collector, the personal liability of, for funds held in the custody of the appraisal district is ultimately a question of fact dependent on various factors that cannot be ascertained in the opinion process of this officeKP-092
Tax increment financing, use by countiesGA-1076
Texas Constitution article III, section 52(a), a county entering into an agreement with Boys and Girls Clubs to provide the organization funding must ensure that the transfer is to accomplish a public purpose, retain public control over the funds to ensure the purpose is accomplished, and ensure that the county receives a return benefit, pursuant toKP-091
Transfer funds from one line item to another existing line item, commissioners court may in absence of emergencyGA-0037
Transporting a body, a commissioners court is authorized to pay the cost of transporting a body to its final destination following an autopsy ordered by a justice of the peace only if a body is not claimed for burial or is to be buried at public expense, and if the Anatomical Board of the State of Texas does not require the body. Otherwise, the cost of transporting the body to its final destination is the responsibility of the person with the legal duty to inter the deceased, or that person's agent.KP-083
Travel allowance as well as gasoline and automotive repairs, authority of commissioners court to provide its membersLO96-028
Travel expense allowance granted auditor, district judges may require county auditor to provide supporting documentation only to set allowance for upcoming yearLO96-065
Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to payDM-0317
Treasurer's payment from county treasury without prior approval of commissioners court, authority and liability forLO95-002
Unbudgeted expenditure for legal expenses for criminal defense of criminal district attorney, commissioners court's authority to payGA-0523
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
Under the common law, a county commissioners court has discretion to reimburse legal expenses incurred by a county commissioner in the defense of a criminal matter which results in a finding of not guilty if the prosecution was for actions that were within scope of official duties and defense is primarily for a county purpose and not a personal interest.KP-037
Under the common law, a county commissioners court has discretion to reimburse legal expenses incurred by a county commissioner in the defense of a criminal matter which results in a finding of not guilty if the prosecution was for actions that were within scope of official duties and defense is primarily for a county purpose and not a personal interest.KP-037
Under the common law, a county commissioners court has discretion to reimburse legal expenses incurred by a county commissioner in the defense of a criminal matter which results in a finding of not guilty if the prosecution was for actions that were within scope of official duties and defense is primarily for a county purpose and not a personal interest.KP-037
Venue project, Terrell County may not borrow moneyGA-0602
Venue-project sales and use tax, authority of commissioners court to expendGA-0156
Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to in absence of a contract if court determines the grant is constitutionalJC-0082
Warrant may not be drawn in favor of justice of the peace against whom judgment for delinquent county property taxes has been entered until debt is paidJC-0087
Budget and Finance
Authority of county to transfer funds from road and bridge account to general account to pay commissioner who performs road and bridge maintenanceKP-182
Whether certain department meetings constitute budget preparation contrary to Local Government Code chapter 111 is fact specific and beyond purview of attorney general opinionKP-172