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Legislation And Legislative Authority

Summaries

KP-0059
Ken Paxton

County indigent health care, commissioners court authority to adopt eligibility requirements

GA-0012
Greg Abbott

County court at law judge's compensation must include amount equal to benefit-replacement pay received by a district judge if county court judge held office on August 31, 1995|Compensation must include amount equal to benefit-replacement pay received by district judge only if county judge held office on August 31, 1995, County court judge's|Benefit-replacement pay, compensation includes|Benefit-replacement pay|Compensation|Salary

GA-0034
Greg Abbott

Junked vehicle visible from public place or right-of-way, county may abate and remove, but may not require a particular type of screening to render vehicle non-visible

GA-0039
Greg Abbott

Bolivar bridge project, Harris County may not participate in because no part of project lies within Harris County

GA-0080
Greg Abbott

Traffic rules applicable to county roads, county commissioners court may extend to roads in private subdivision and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles|Private subdivision's roads, commissioners court may amend order extending county traffic rules to|All-terrain vehicles, county commissioners court may extend traffic rules applicable to county roads to roads in private subdivisions and may subsequently amend order to except restrictions otherwise applicable to|Private subdivision, county commissioners court may extend traffic rules applicable to county roads to roads in and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles

GA-0129
Greg Abbott

Stop signs, commissioners court order installing constitutes traffic regulation subject to hearing requirement|Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutes

GA-0154
Greg Abbott

Budget amendments by commissioners court order transferring amounts between budgeted items, authority of commissioners court to authorize budget officer to approve intradepartmental budget transfers

GA-0223
Greg Abbott

Condominium development, authority to regulate as a subdivision of land|Condominium development, county authority to regulate as a subdivision of land

GA-0284
Greg Abbott

Compensation|Political subdivision of the state, a navigation district is|Retirement and medical benefits for navigation district commissioners and their dependents, the authority to determine whether the district will provide lies with the district board|Navigation district commissioners' compensation, a commissioners court's authority to set does not include authority to determine whether the navigation district may provide the district commissioners with retirement and medical benefits

GA-0302
Greg Abbott

County contract may not include term, such as a choice of law provision, that incorporates the law of another state that overrides or negates state statutes|Where a county has express authority to contract, it has implied authority to negotiate terms of the contract

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-0350
Greg Abbott

Assistant county attorney, commissioners court's role in appointment process|Appointment of assistants, role of county commissioners court|Dual office holding or incompatibility, a county attorney may serve as an unpaid assistant county attorney in a neighboring county without violating prohibition against|Assistant county attorney is not an officer|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the constitutional prohibition of dual office holding|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the common-law doctrine of incompatibility

GA-0466
Greg Abbott

Rabies control authority in unincorporated areas of county, commissioners court must designate officer to act as|Rabies control authority, commissioners court may designate constable to act as, but is not required to do so

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-0656
Greg Abbott

Employment policy, adopted by the county commissioners court, that prohibits the rehire of an individual whose employment relationship with the county terminated within one year of the proposed rehiring does not apply to an appointment by the constable

GA-0683
Greg Abbott

Electronic monitoring program separate from that established by a community supervision and corrections department under Code of Criminal Procedure article 42.035(a), a county commissioners court has no authority to establish|Electronic monitoring

GA-0857
Greg Abbott

County commissioners court exercising its authority under subsection 157.021(a), Local Government Code, establishing a 40-hour workweek for county employees may withhold partial salaries and benefits of county employees working less than the required hours so long as doing so does not preclude an independent, elected officer from fulfilling his or her core functions|Without discretion to withhold the payment of unbudgeted overtime, under subsection 157.021(b)(1), Local Government Code, when an emergency has been declared by a county or district officer, a county commissioners court is|County commissioners court may be precluded from seeking to recoup salary payments from employees for the time period the employees were dismissed by the officer’s declaring an emergency under subsection 157.021(b)(1), Local Government Code, if such an action prevents an elected officer from performing his or her core duties|County commissioners court may not without consent presume to deduct the emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowances|Commissioners court exercising its authority under Local Government Code subsection 157.021(a) to establish a 40-hour workweek is implicitly authorized to mandate the method of timekeeping used by county employees|Withhold partial salaries and benefits of county employees working less than the required established workweek, so long as it does not preclude an independent, elected officer from fulfilling his or her core functions, a county commissioners court exercising its authority under subsection 157.021(a), Local Government Code, may|Salary payments from employees for the time period the employees were dismissed by an officer’s declaring an emergency under subsection 157.021(b)(1), Local Government Code, if such an action prevents an elected officer from performing his or her core duties, a county commissioners court may be precluded from seeking to recoup|Emergency overtime under subsection 157.021(b)(1) from an officer’s budgeted allowances, County commissioners court may not without consent presume to deduct the|Method of timekeeping used by county employees, Commissioners court exercising its authority under Local Government Code subsection 157.021(a) to establish a 40-hour

GA-0930
Greg Abbott

Restrictions, limitations, or exemptions to a burn ban issued under Local Government Code subsection 352.081(c), the Legislature has authorized a commissioners court to adopt|Regulating the outdoor burning activities described in Local Government Code subsection 352.081(f), the Legislature has prohibited a commissioners court from|Burn Bans - the Legislature has authorized a commissioners court to adopt restrictions, limitations, or exemptions to burn ban issued under Local Government Code subsection 352.081(c).|Burn Bans - commissioners court authorized by Local Government Code subsection 352.081(c) to adopt restrictions, limitations, or exemptions to burn ban

GA-0934
Greg Abbott

All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of and for operation on a public beach|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle|Public beach, legality of operation of an all terrain vehicle or recreational off highway vehicle\r\n\r\nAll terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach|All terrain vehicle or recreational off highway vehicle, county authority to establish its own system for registering of, for operation on a public beach

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-0953
Greg Abbott

Article VIII, section 1-g(b) of the Texas Constitution and chapter 311 of the Tax Code, a county may not issue tax increment financing bonds in the same manner as a city under \r\n\r\nArticle VIII, section 1-g(b) of the Texas Constitution, a county qualifies as a \\"political subdivision\\" as that term is used in

GA-1018
Greg Abbott

Commissioners Court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official|Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official|County Attorney, Commissioners Court authority to prohibit animals in a county courthouse that includes the offices of the county attorney|Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of a county attorney

DM-0034
Dan Morales

Prospective jurors, statutory duties of district clerk with respect to selection of cannot be delegated by commissioners court or district judge to bailiff or jury administrator

DM-0035
Dan Morales

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

DM-0123
Dan Morales

Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional

DM-0150
Dan Morales

Port of Houston Authority, Harris County is authorized to regulate building of structures over waterways within jurisdiction of for purposes of floodplain management|Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes of

DM-0183
Dan Morales

Smoke-free environment in county buildings, commissioners court has authority to promulgate regulation creating

DM-0213
Dan Morales

County order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption|Order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption|Supplemental workers' compensation, order limiting may not be applied to county employees injured prior to adoption

DM-0283
Dan Morales

Security fee, county and district court clerks' collection of (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Security fee, commissioners court's authority to adopt (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Probate court clerk, authority to collect courthouse security fee (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Discharge record, county clerk may charge courthouse security fee upon filing if commissioners court has authorized collection (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))

DM-0364
Dan Morales

Rapid transit authority, power to prohibit licensed carrying of concealed handguns on its vehicles|City or county park, licensed carrying of concealed handguns in|Concealed handguns, county may prohibit carrying of under license in county park|Concealed handguns, power of rapid transit authority to prohibit licensed carrying of on its vehicles|Concealed handguns, city may not prohibit carrying of under license in public park

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

JC-0065
John Cornyn

Jury-service reimbursement, commissioners court may not choose to omit from the list of funds or programs to which jurors may donate the funds described in section 61.003(a)(1), (2) of the Government Code

JC-0079
John Cornyn

Speed limit on county road or highway, commissioners court may lower without traffic study, but not to less than thirty miles per hour

JC-0136
John Cornyn

Ambulance service, exemption from competitive bidding requirement by commissioners court after it has requested and rejected bids|Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bids|Rescind or modify orders and decisions, authority of commissioners court to|Exemption of ambulance service contract from competitive bidding requirement by order of commissioners court after it has requested and rejected bids

JC-0214
John Cornyn

Officers and equipment allotted to his office, sheriff has discretion to deploy|Vehicles and equipment for sheriff's office, commissioners court rather than sheriff has discretion to set specifications for|Sheriff's office, court may in the exercise of its discretion allot less money for particular function that sheriff desires so long as it does not prevent sheriff from carrying out duties|Vehicle policy requiring county officer to relinquish control of vehicles in use when taking possession of replacement vehicles is reasonable implementation of county's budgetary authority|Sheriff's office, commissioners court may not micro-manage deployment of resources and personnel of

JC-0228
John Cornyn

Pauper's remains, county responsible to provide for disposition of even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rules|Deceased pauper's remains, county must provide for disposition of in accordance with county rules|Pauper's remains, county may adopt rules regarding disposition of and receipt of information from survivor|Pauper, county responsible to provide for disposition of remains of pauper even though decedent survived by a person listed in section 711.002(a) of the Health and Safety Code, in accordance with county rules|Agency of county, money received by may be put in special account in county depository if county commissioners court so orders|Seize assets, county may not seize assets from state of deceased pauper to cover costs of disposition of remains|Donations, county may receive as contribution toward disposition of deceased pauper's remains

JC-0260
John Cornyn

Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted despite otherwise applicable requirement|Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located in|Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivision|Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted|County authorized to classify and define certain kinds of subdivisions that need not comply with otherwise applicable platting requirement

JC-0369
John Cornyn

Bona fide employees association|An "employees association" is not synonymous with a labor organization|Payroll deductions for membership dues to employees associations, employees not entitled to|Payroll deductions for membership dues to employees associations, authority to restrict

JC-0443
John Cornyn

Delinquent taxes, attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to taxing unit|Donations, statutory authority of county to accept|Attorney under contract with county to collect delinquent taxes for compensation under section 33.07 of Tax Code may not donate part of compensation to county|Delinquent taxes, attorney who contracts to collect under section 6.30 of Tax Code may not donate part of compensation under section 33.07 of Tax Code to taxing unit

JC-0457
John Cornyn

Building energy efficiency performance standards enforceable in unincorporated areas of state on September 1, 2001|Building energy efficiency performance standards, county cannot enforce in unincorporated areas

JC-0459
John Cornyn

Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement in|Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect to|Juvenile justice alternative education program, county's authority to fund|Juvenile justice alternative education program, county's, school district's, and juvenile board's authority vis-a-vis|Juvenile justice alternative education program, school district not required to fund construction or facility for|Juvenile justice alternative education program, school district's authority to determine discretionary expulsions that will be subject to placement in

JC-0552
John Cornyn

Dangerous wild animals, county required to adopt certificate of registration program for