County Attorneys

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

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

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

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

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

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

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

Property Code chapter 203 authorizes the county attorney to independently enforce land use restrictions in counties with populations over 200,000

Applicability of conflict-of-interest provisions in Local Government Code chapter 171 and nepotism provisions in Government Code chapter 573 to county attorney

Residency requirement to become a candidate for county attorney

Authority of attorney in private practice who represents parents and children in child protection cases in a particular county to also be employed as an assistant county attorney in a different county to represent the Texas Department of Family and Protective Services

A court would likely conclude that Tax Code subsection 6.43(c) does not authorize the county attorney to serve as legal counsel to the tax appraisal district.

A commissioners court has authority to delegate to any appropriate county official a function that is not a core duty of another county official. To the extent the duties of the contract and procurement specialist position are not core duties of the Aransas County Attorney’s Office, the position and its associated funding may be transferred from the County Attorney to another appropriate county office. The specific office to which this position and funding may be reassigned is a determination for the Commissioners Court in the first instance, as long as other conflicts are not created with the transfer of duties.

A commissioners court has authority to hire legal counsel to assist with county responsibilities so long as the statutory duties of other county officials are not thereby usurped. To the extent it does not usurp or interfere with the statutory duties of other county officials, including the County Attorney, the Aransas Commissioners Court is authorized to create a new attorney position concerning the affairs of Aransas County. To the extent it does not usurp or interfere with the County Attorney’s core duties, the Commissioners Court has, in some circumstances, authority through the exercise of its budgetary power to defund an existing civil attorney position to finance the new attorney position.