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Commissioner/County Judge

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-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-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-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-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-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-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-0839
Greg Abbott

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

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-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-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-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)

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-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-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-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

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-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-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-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