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County Officers - Specific

Summaries

KP-0003
Ken Paxton

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

KP-0010
Ken Paxton

Other county programs that may be considered for county authorization of receipt of juror donations - Texas Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs.|Juror donations - Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs.|County authorization of receipt of juror donations - Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs.

KP-0012
Ken Paxton

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

KP-0013
Ken Paxton

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

KP-0079
Ken Paxton

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 treasury|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 otherwise

KP-0092
Ken Paxton

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 county|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.|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 office

KP-0110
Ken Paxton

Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement district

KP-0111
Ken Paxton

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

KP-0119
Ken Paxton

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

KP-0121
Ken Paxton

Gifts and grants authorized by Government Code section 45.125|Hot-check fund established under Code of Criminal Procedure article 102.007; unauthorized comingling of funds of different character|Pretrial intervention programs; required payments; fees authorized by Code of Criminal procedure article 102.0121

KP-0129
Ken Paxton

Transportation Code chapters 502 and 520 - Department of Motor Vehicles and county assessor-collectors provide various motor vehicle registration services pursuant to|County assessor-collectors and Department of Motor Vehicles provide various motor vehicle registration services pursuant to Transportation Code chapters 502 and 520|Section 502.044, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant to|Section 1001.013, Transportation Code - Department of Motor Vehicles is authorized to contract with business entity to perform Department function pursuant to

KP-0130
Ken Paxton

County attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney|Compensation - county attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney

KP-0139
Ken Paxton

Official Bond in Lee County - county attorney must execute only a county attorney bond and not a separate district attorney bond, and county attorney may require his or her assistant prosecutors to post a bond at his/her discretion

KP-0172
Ken Paxton

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

KP-0174
Ken Paxton

Court registry account, county treasurer does not have administrative authority over|Court registry account, county commissioners court's authority over

KP-0180
Ken Paxton

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

KP-0228
Ken Paxton

Overlapping boundaries of taxing entities in Jim Hogg County - person may not simultaneously serve on both entities|Jim Hogg County Judge may not simultaneously serve as Jim Hogg County Independent School District trustee|Person may not serve as Jim Hogg County Judge while simultaneously serving as Jim Hogg County Independent School District trustee|Jim Hogg County Independent School District trustee may not simultaneously serve as Jim Hogg County Judge

GA-0015
Greg Abbott

Incompatible offices, offices of county commissioner and council member of a city located in the county are incompatible as a matter of law; officer would automatically vacate office by accepting and qualifying for the second office|Vacancy, authority of county judge to replace county commissioner who has resigned by accepting a second, incompatible office is not contingent upon a judicial declaration that a vacancy exists|County commissioner and council member of a city located in the county, offices incompatible as a matter of law, officer would automatically vacate office by accepting and qualifying for the second office|Vacancy in office of county commissioner, authority of county judge to replace county commissioner who has resigned by accepting a second, incompatible office is not contingent upon a judicial declaration that a vacancy exists

GA-0090
Greg Abbott

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

GA-0132
Greg Abbott

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

GA-0140
Greg Abbott

Tax warrant, division of duties with tax assessor-collector in executing and seizing and selling property under|Tax warrant, division of duties between peace officer and tax assessor-collector in executing and seizing and selling property under|Tax warrant, division of duties with peace officer in executing and seizing and selling property under

GA-0141
Greg Abbott

Voter registrar, detailed administrative procedure governing submission, approval, cancellation of voter registration applications to be conducted by|Residence, student living in dormitory may establish dormitory as residence and permissibly register to vote in county where dormitory is located|Violations of section 13.007 of Election Code which makes it a criminal offense to submit false or fraudulent information on a voter registration application, local prosecutors are authorized to investigate and prosecute whenever credible evidence or comp|Voter registrar, local prosecutors have no authority to prevent voter registrar from performing the registrar's duties as provided by law|Voting and voter registration, both bodily presence and current intention on part of applicant or voter are necessary to establish residence for purposes of|Voting and voter registration, residence is defined to mean 'domicile,' i.e., one home and fixed place of habitation to which one intends to return after any temporary absence for purposes of

GA-0244
Greg Abbott

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

GA-0247
Greg Abbott

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

GA-0295
Greg Abbott

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

GA-0303
Greg Abbott

Employee's salary for day when county official closed office for official day of mourning honoring former president, auditor may not charge to vacation leave|Close office for official day of mourning honoring former president and give employee the day off, authority of county official to

GA-0332
Greg Abbott

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

GA-0360
Greg Abbott

Emergency services district (ESD) is not a business entity within Local Government Code chapter 171|County auditor's statutorily required oath that he will not be personally interested in a contract with the county was not violated by auditor's employment by Emergency Services District that had interlocal contract with the county|County auditor not barred by common-law doctrine of incompatibility from being employed by emergency services district|County auditor not barred by Texas Constitution article XVI, section 40 from being employed by emergency services district

GA-0375
Greg Abbott

Appraisal district board, assessor-collector is ineligible to serve as a nonvoting member if he or she marries an appraisal district employee who is engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code|Appraisal district employee who is engaged in the business of appraising property for compensation for use in Property Tax Code proceedings is not barred from employment in the appraisal district upon his or her marriage to the local county tax assessor-collector, who is a nonvoting member of the appraisal district board|Business

GA-0405
Greg Abbott

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

GA-0442
Greg Abbott

Violation of county auditor's oath, remedies|Violation of county auditor's oath, official misconduct|Violation of county auditor's oath, divestment of personal interest in an existing contract|Official misconduct

GA-0473
Greg Abbott

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

GA-0503
Greg Abbott

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

GA-0544
Greg Abbott

Tissue procurement organization's use of medical examiner's facility presumably has been determined by the Legislature to constitute a constitutional use of public funds|Tissue procurement organization, a county medical examiner may not seek reimbursement from organization for costs incurred when the medical examiner permits the organization to use the medical examiner's facility and resources

GA-0545
Greg Abbott

Exclusive duty to represent the county in all civil matters, Henderson County Attorney has no|Outside legal counsel, auditor may seek outside legal counsel without impinging upon duty of county attorney

GA-0571
Greg Abbott

Financial software for use in county auditor's office, absent financially excessive or unreasonable request or an abuse of discretion, county auditor has authority to choose

GA-0604
Greg Abbott

County auditor is not bound by advice or opinion of county attorney regarding the lawfulness of a claim against the county|Phased purchase of concrete slab and pavilion structure, whether purchase violates County Purchasing Act is question of fact

GA-0618
Greg Abbott

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

GA-0636
Greg Abbott

Fees collected by county officers for the county must be deposited in the county treasury, absent a specific statute providing for a different disposition \r\n|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 county’s depository that enables the officer to control and withdraw funds |Regulations adopted by auditor may not authorize a county officer to place county funds in a bank account in the county depository under the officer’s own name or enable the officer to control and disburse those funds|Signature of the county treasurer and county auditor is required for checks written on accounts in county treasury for fee funds collected by a county official

GA-0638
Greg Abbott

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

GA-0639
Greg Abbott

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

GA-0642
Greg Abbott

County Judge, power to act as magistrate when constitutional county court is divested of its probate, juvenile, civil, and criminal jurisdiction

GA-0645
Greg Abbott

Employed for compensation in the sheriff’s department, Local Government Code section 81.002(a) prohibits a county commissioner from being simultaneously |Dual employment prohibited by Local Government Code section 81.002(a) need not be considered under article XVI, section 40|Dual employment prohibited by Local Government Code section 81.002(a) need not be considered under common-law doctrine of incompatibility|County commissioner may not be simultaneously employed by the county’s sheriff department under Local Government Code section 81.002(a)\r\n

GA-0704
Greg Abbott

County without an auditor, treasurer examines records of funds held by sheriff|In a county without an auditor, the treasurer is authorized to examine the accounts and records of funds held by the sheriff, including records of funds that are not county funds|Records of funds held by sheriff, including records of commissary and forfeiture funds, which are not county funds, are subject to examination by county treasurer in counties without an auditor

GA-0711
Greg Abbott

County Auditor who is a certified public accountant may ethically perform an audit under section 775.082 of the Health and Safety Code|Audit

GA-0744
Greg Abbott

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

GA-0816
Greg Abbott

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

GA-0817
Greg Abbott

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

GA-0839
Greg Abbott

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

GA-0865
Greg Abbott

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

GA-0869
Greg Abbott

Funds allocated to a constable from the state law enforcement officer standards and education fund account must be maintained pursuant to chapter 116 of the Local Government Code.|Pursuant to Local Government Code section 112.006, a county auditor has general oversight of the books and records of a county officer authorized or required by law to receive or collect money that is intended for the use of the county or that belongs to the county, including oversight of funds allocated to a constable from the state law enforcement officer standards and education fund account.

GA-0872
Greg Abbott

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

GA-0916
Greg Abbott

Disbursement of county funds and endorse payments to county payees, the Legislature has delegated the county treasurer as the official to perform and the commissioners court may not reassign those duties elsewhere|The county treasurer must reconcile all balances and transactions for each treasury account, pursuant to Local Government Code subsection 113.008(d), and no exception is made for those accounts where the county treasurer has signed the signature card|Issue a receipt for funds deposited by other county officers on the same day they are taken to the bank, nothing in Senate Bill 373 or article 103.004 of the Code of Criminal Procedure requires that the county treasurer

GA-0917
Greg Abbott

Duties relating to the issuance of driver’s licenses and personal identification certificates, Department of Public Safety may not delegate such duties to county tax assessor-collector nor may a county participate in such a program|Driver’s licenses and personal identification certificates, Department may not delegate to county tax assessor-collector its duties relating to the issuance of, nor may a county participate in such a program

GA-0933
Greg Abbott

Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government Code

GA-0937
Greg Abbott

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

GA-0939
Greg Abbott

County elections administrator may also be employed to perform duties of a 9-1-1 addressing agent and to assist in preparation of redistricting maps|County elections administrator does not hold public office

GA-0940
Greg Abbott

0|Constable, existing law does not allow constable to offer payment arrangements to, or accept partial payment from, defendants with outstanding warrants issued by a justice court|Constable, existing law does not allow constable to offer payment arrangements to, or accept partial payment from, defendants with outstanding warrants issued by a justice court.|Constable’s decision to temporarily delay executing a warrant could, depending on the facts involved, violate the constable’s duty under Local Government Code|Constable’s decision to temporarily delay executing a warrant could, depending on the facts involved, violate the constable’s duty under Local Government Code section 86.021

GA-0978
Greg Abbott

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

GA-1001
Greg Abbott

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

GA-1002
Greg Abbott

Inmate property in county jail, county auditor has authority to access to investigate the accuracy of inmate property receipts subject to a sheriff\\'s reasonable conditions for withholding that access

GA-1006
Greg Abbott

Transportation Code section 502.010 authorizes certain counties to impose an additional fee of twenty dollars to a person who fails to pay a fine, fee or tax to the county or to a defendant who fails to appear in connection with a pending criminal proceeding. The commissioners court may decide whether a county imposes the additional fee and which specific county official or department assesses and collects that fee.

GA-1010
Greg Abbott

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

GA-1036
Greg Abbott

Constable, Texas Constitution article XVI, section 40 prohibits county constable from simultaneously serving as commissioner of emergency services district|Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as a county constable and a commissioner of an emergency services district|Emergency services district, Texas Constitution article XVI, section 40 prohibits a person from simultaneously serving as commissioner of an emergency services district and a county constable

GA-1047
Greg Abbott

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

GA-1062
Greg Abbott

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

GA-1068
Greg Abbott

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

GA-1094
Greg Abbott

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

DM-0035
Dan Morales

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

DM-0067
Dan Morales

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

DM-0087
Dan Morales

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

DM-0096
Dan Morales

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

DM-0114
Dan Morales

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

DM-0118
Dan Morales

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

DM-0158
Dan Morales

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

DM-0199
Dan Morales

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

DM-0244
Dan Morales

Community center created by county, conflict of interest does not exist where county commissioner is manager of corporation contracting with|Community center created by county, conflict of interest does not exist where commissioner is manager of corporation contracting with

DM-0247
Dan Morales

Forfeiture funds in multicounty judicial district, management, control and use of, audit authority over|Forfeiture funds, district or criminal district attorney may not keep exclusive records, auditor must keep records|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\r\n\r\n|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|Contraband seized by a peace officer, county or municipality responsible for costs of safeguarding property

DM-0257
Dan Morales

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 treasury|Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, subject to auditor oversight|Funds of juvenile board or probation department must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight|Funds of district or criminal district attorney must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight

DM-0279
Dan Morales

Oath of office prohibition on contracts with the county repealed to the extent it conflicts with statute governing local public officials' conflicts of interest|County commissioner and judge oath of office prohibition on contracts with the county repealed to the extent it conflicts with statute governing local public officials' conflicts of interest

DM-0303
Dan Morales

County auditor, constitution does not prohibit serving as executive director of private, nonprofit housing corporation|County auditor, doctrine of incompatibility does not preclude serving as executive director of private, nonprofit housing corporation|Executive director of private, nonprofit housing corporation, county auditor also may serve as|Oath of office statute, conflict of interest statute prevails over to extent of conflict|County auditor also may serve as executive director of private, nonprofit housing corporation if complies with conflict of interest laws

DM-0357
Dan Morales

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

DM-0396
Dan Morales

Abuse of official capacity, justice of the peace who does not "immediately" deposit with county treasurer fines collected may be prosecuted|Restitution for dishonored check collected by justice of the peace need not be deposited with treasurer|Misapplication of restitution for dishonored check collected by justice of the peace, justice may be prosecuted|Fines collected by justice of the peace, justice who does not "immediately" deposit with county treasurer may be prosecuted for abuse of official capacity or removed from office|Restitution for dishonored check collected by justice of the peace, justice may be removed from office for official misconduct if misapplies|Restitution for dishonored check, justice of the peace may collect and deposit into account separate from county treasury|Restitution for dishonored check collected by justice of the peace is not county funds|Restitution for dishonored check collected by justice of the peace, auditor in county with fewer than 190,000 people may not regulate the collecting, checking, and accounting of

DM-0398
Dan Morales

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

DM-0440
Dan Morales

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

DM-0470
Dan Morales

Contract under section 6.24(b) of the Tax Code between county and another entity for assessment and collection of taxes, not subject to approval by tax assessor-collector who assumes office during the term of contract|County that contracts under section 6.24(b) of the Tax Code to have its taxes collected by another entity, county tax assessor-collector thereof not required or permitted to register with the Board of Tax Professional Examiners|Tax assessor-collector of county that contracts under section 6.24(b) of the Tax Code to have its taxes collected by another entity not required or permitted to register with the Board of Tax Professional Examiners

JC-0023
John Cornyn

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

JC-0033
John Cornyn

County judge, practice of law by in courts of his county|Practice of law by county judge in courts of his county

JC-0061
John Cornyn

Oath of office, chapter 171 of the Local Government Code does not repeal with respect to employment relationship between commissioner and county|Ambulance driver for county emergency medical services department, whether commissioner may receive county funds for serving as\r\n\r\n|County commissioner oath of office, chapter 171 of the Local Government Code does not repeal with respect to employment relationship between commissioner and county|County ambulance driver, whether county commissioner may serve as

JC-0083
John Cornyn

Inquest, county judge may not conduct|Inquest, no one but justice of the peace who serves precinct where the body was found (or temporary justice) may conduct

JC-0084
John Cornyn

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

JC-0121
John Cornyn

Oath of office applies to contract of county judge's relative only if county judge has interest in the county|Bail bond, oath of office prohibits county judge from signing as a surety in the county; chapter 171 of Local Government Code does not apply and therefore does not provide mechanism to avoid conflict of interest|County judge is prohibited by oath of office from acting as surety on bail bond in the county|Oath of office prohibits county judge from signing as a surety on a bail bond in the county; chapter 171 of Local Government Code does not apply and therefore does not provide mechanism to avoid conflict of interest

JC-0131
John Cornyn

Closure of office for bad weather, repairs, and the like, whether county official may authorize|Salary, auditor may not withhold payment for time that employee did not work because of officer-approved office closure|Closure of office for bad weather, repairs, and the like, county officers may authorize and pay employees for time they were unable to work|Salary, treasurer may not withhold payment for time that employee did not work because of officer-approved office closure

JC-0135
John Cornyn

Motor vehicle inventory tax escrow accounts, interest is sole property of assessor-collector; may be spent on prospective salary supplements if legitimate cost of administration|Motor vehicle inventory tax escrow accounts, county auditor must audit|Inventory tax escrow accounts, interest on is sole property of tax assessor-collector; must be audited by county auditor

JC-0149
John Cornyn

Interest earned on motor vehicle inventory tax escrow accounts, purchases from fund not subject to County Purchasing Act|Interest earned on motor vehicle inventory tax escrow accounts may not be used for expenses not related to the administration of the prepayment procedure, but whether and to what extent a particular purchase is a legitimate cost related to administration |Interest earned on motor vehicle inventory tax escrow accounts, county auditor may audit and review expenditures from

JC-0167
John Cornyn

Personnel matter over which governmental body lacks ultimate authority, discussion of the personnel matter in a closed meeting does not violate the Open Meetings Act as a matter of law|Recent specific statutes regarding purchasing agents supersede older general provision regarding county agents|Authority to appoint or employ purchasing agent or agent of contracts or procurement officer, commissioners court in county with population less than 100,000 lacks

JC-0176
John Cornyn

Juror reimbursement, county treasurer is proper officer to deliver check to payee|Juror reimbursement checks, district clerk may not deliver

JC-0231
John Cornyn

Electronic transfer, tax funds from tax assessor-collector's account in county depository to county treasurer may be made by|Electronic transfer of tax funds from tax assessor-collector's account in county depository to county treasurer, treasurer may not initiate|Electronic transfer of tax funds from tax assessor-collector's account in county depository to county treasurer, tax assessor-collector may initiate

JC-0232
John Cornyn

Maximum salary of auditor limited to total compensation, including state supplement, of highest paid elected county officer

JC-0264
John Cornyn

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

JC-0266
John Cornyn

Professional Services Procurement Act, Board has principal duty of enforcing against its registrants|Professional Services Procurement Act, Comptroller has principal duty of requiring state agencies to conform to|Professional Services Procurement Act, Board of Architectural Examiners has principal duty of enforcing against its registrants|Professional Services Procurement Act, county auditor has principal duty of requiring county to conform to

JC-0273
John Cornyn

Exemption of assessor-collector from registration requirements of Board, statutory scheme for precludes assessor-collector from engaging in property tax collection|Collection of property taxes by appraisal district or other taxing unit rather than assessor-collector, interlocal contract for must include collection of motor vehicle inventory tax|Interlocal contract for collection of property taxes by appraisal district or other taxing unit rather than assessor-collector must include collection of motor vehicle inventory tax|Motor vehicle inventory tax prepayments, receipt of by collector constitutes collection of taxes|Exemption of assessor-collector from registration requirements of Board of Tax Professional Examiners, statutory scheme for precludes assessor-collector from engaging in property tax collection

JC-0276
John Cornyn

Deputy treasurer, as agent, may exercise all powers of treasurer|Deputy treasurer, treasurer may appoint pursuant to chapter 151 of the Local Government Code

JC-0348
John Cornyn

Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but such use is subject to constitutional limitations and to review by county auditor|Motor vehicle inventory tax escrow account, tax assessor-collector may use interest to supplement her own salary, but must determine that such use serves a public purpose

JC-0361
John Cornyn

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

JC-0370
John Cornyn

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

JC-0397
John Cornyn

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 sources|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 on|State salary supplement, county may not pay the employer's share of employment taxes on the county judge's salary supplement from the monies provided by the state|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 state

JC-0433
John Cornyn

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

JC-0490
John Cornyn

County treasurer is not barred from simultaneous service as trustee of independent school district|Trustee of independent school district not barred by common-law incompatibility from simultaneously serving as county treasurer|Trustee of independent school district not barred from simultaneous service as county treasurer

JC-0496
John Cornyn

Failure to regularly attend meetings of the El Paso County Bail Bond Board, commissioners court nor the bail bond board may remove members for|El Paso County Bail Bond Board, justice of the peace member should be selected by and from among eligible justices of the peace of the county by any reasonable method|Members of El Paso County Bail Bond Board, members appointed or selected by others serve at the pleasure of the appointing or selecting authority|Members of El Paso County Bail Bond Board, members who are members by virtue of their elective office serve on board for duration of their parent office|Justice of the peace appointed to serve as member of El Paso County Bail Bond Board should be selected by and from among eligible justices of the peace of the county by any reasonable method

JC-0506
John Cornyn

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

JC-0565
John Cornyn

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

JM-1186
Jim Mattox

Monthly report of civil and criminal instruments served, county auditor may not require constables to file