| COUNTIES AND COUNTY COMMISSIONERS COURTS |
| A court would likely conclude that a governmental entity improperly prohibiting handguns by oral or by a written notice that does not conform to Penal Code section 30.06 violates Government Code section 411.209. | KP-0049 |
| Accrual of penalty and interest on delinquent ad valorem taxes after county purchases real property | GA-0973 |
| Additional staff - if the 105th District Court determines that additional staff is needed to aid court in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff | GA-1032 |
| Airport parking facility owned by county, holder of special parking permit for disabled entitled to free parking in certain circumstances | LO96-055 |
| Allowing private attorneys or vendors with whom the county has contracted pursuant to Code of Criminal Procedure article 103.0031 for collection
efforts on court documents would likely fall within a court's broad discretion in managing the docket | GA-1093 |
| Animals, whether federal law requires county-owned pounds and shelters to hold cats and dogs for five days | LO94-041 |
| Arrestee committed to jail by magistrate for violation of state statute, responsibility of county for cost of maintaining | DM-0313 |
| Assistant county auditor, public hearing is not required to replace or appoint | LO98-031 |
| Assistant county auditor, public hearing required to set annual compensation for position or for change in annual compensation of | LO98-031 |
| Attorney's fees of county commissioners investigated for violation of the Texas Open Meetings Act | KP-0016 |
| Auditor's travel expenses, commissioners court may reimburse | LO95-038 |
| Authority to impose additional burdens or conditions in excess of existing statutory filing requirements chosen by the Legislature; El Paso County lacks under Education Code section 11.0641 | GA-1082 |
| Automated photographic system to enforce financial responsibility laws, county authority to use | KP-0076 |
| Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court | GA-1032 |
| Board appointing county purchasing agent, composition changes if county population exceeds 150,000 | LO94-005 |
| Board of Park Commissioners of Jefferson County, members of the Pleasure Island Commission are officers of the City of Port Arthur and may not be appointed to the | LO98-048 |
| Burn Bans - commissioners court authorized by Local Government Code subsection 352.081(c) to adopt restrictions, limitations, or exemptions to burn ban | GA-0930 |
| Business relationship requiring disclosure under chapter 176 of the Local Government Code, personal or business interest bearing savings account generating taxable income is | GA-0446 |
| Cattle guard, Webb County Commissioners Court has no authority to replace on county road | JC-0245 |
| Certificate or warrant for withdrawal of funds from county treasury, requirement that commissioners court issue in open meeting held in compliance with Open Meetings Act | LO95-002 |
| Civil litigation, county attorney is not required to represent county in; but may contract with county in private capacity | LO97-011 |
| Civil Practice and Remedies Code section 75.002, subsections (f) and (g) do not apply to the state, a county, or a municipality that owns, operates, or maintains its premises for bicycle-related recreational activities | GA-0338 |
| Civil process, commissioners court may not establish office of or execute, independent from county sheriff | DM-0273 |
| Civil service commission's authority to adopt subpoena power | DM-0338 |
| Collection of fees and costs by statutory county courts under section 51.702 of the Government Code, county commissioner's court may authorize in accordance with decision of state district court, although collection may be declared unconstitutional by dif | JC-0098 |
| Colonias statute imposing certain platting requirements in affected counties, application to school district's employee housing | DM-0485 |
| Commissary accounts are subject to oversight by county commissioners court | GA-1094 |
| Comptroller’s interpretation of single nonprofit trust to mean that the trust can be used only for the purpose of paying insurance premiums is reasonable; however, limiting use of the funds to only paying premiums and prohibiting trust funds from being used to cover other expenses in furtherance of the trust’s purpose is contrary to the statute | GA-0739 |
| Computerized accounting system for elected county officials, authority of a county auditor to prescribe | JM-1275 |
| Concealed handguns, whether state or local governmental entity may prohibit carrying on its premises by posting notice under criminal trespass statute | LO95-058 |
| Concentrated animal feeding operation, authority to regulate | LO97-085 |
| Consolidate counties, legislature may not | DM-0252 |
| Constable who failed to obtain peace officer's license during previous term of office, commissioners court's authority to appoint | DM-0322 |
| Constable's failure to provide evidence of permanent peace officer's license on or before 270-days of taking office, commissioners court's role in | JC-0514 |
| Constable, commissioners court not required to fill vacancy in office of | JC-0140 |
| Contractual assessment imposed by local government under Local Government Code chapter 399 is special assessment and treated as real estate taxes on the property | KP-0210 |
| Costs of court, whether county required to pay to district clerk in proceedings for forfeiture of contraband | LO93-089 |
| County attorney's office, authority to move from county courthouse to private office and to provide county attorney with in-kind compensation | LO96-141 |
| County contract with a private entity for the collection of delinquent fines, fees, and court costs, does not unconstitutionally deprive the criminal district attorney of his authority to prosecute | GA-0714 |
| County development district projects are limited to those that will attract tourism to the county | JC-0291 |
| County development districts lack authority to levy ad valorem taxes | JC-0291 |
| County energy transportation reinvestment zones | GA-1076 |
| County governmental function, the term county public servant in subsection 161.002(8)(C), Local Government Code, includes attorneys at law when participating in the performance of a | GA-0831 |
| County hospital district board of managers' action to lease hospital facility, commissioners court has no authority regarding | LO97-017 |
| County judge may not simultaneously serve on Board of Criminal Justice | LO95-052 |
| County juvenile board, commissioners court lacks authority to review and approve contract for private counsel or vouchers to pay attorney's fees for | JC-0209 |
| County labor and equipment to open and close graves in a private cemetery, an individual county commissioner may not use | JC-0329 |
| County permanent school fund proceeds, investment in mortgage-backed securities at below market interest rate incompatible with commissioners' trustee duties | JC-0004 |
| County permanent school fund, factors commissioners court may consider in distributing corpus | LO98-006 |
| County road right-of-way, county commissioners court may order the removal of the manufactured homes from | GA-0430 |
| County road, status of in light of adoption of a surveyor report relocating county line | GA-0659 |
| County school funds, Chambers County may not contract with a bank to invest or manage its permanent school fund | GA-0388 |
| County school lands, commissioners court may not delegate its trustee responsibilities to the school districts in the county or sell, for a nominal fee, to the school districts the | KP-0011 |
| County school lands, county and school districts may not jointly develop or sell mineral rights and natural resources from | GA-0616 |
| County vehicle, use of by county employee’s to transport a passenger who is not a county officer or employee | GA-0751 |
| County-owned motor vehicle, an elected official may not inscribe his or her name on | LO97-112 |
| Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to pay | DM-0354 |
| Courthouse security force, a commissioners court has no authority to commission and establish group of peace officers to serve as | JC-0476 |
| Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies from | JC-0014 |
| Dallas County Levee Improvement District No. 1, Dallas County Commissioners Court should continue to appoint directors of | LO92-032 |
| Designated representative of an authorized agent of the Texas Natural Resource Conservation Commission under chapter 366, Health and Safety Code, is not a "peace officer" for purposes of sections 7.193 and 26.215 of the Water Code | JC-0468 |
| Dirt, authority of county to sell | GA-0085 |
| Disclosure requirements of chapter 176 of the Local Government Code, local governmental entity may require vendor or potential vendor to agree to comply with | GA-0446 |
| Discretion to provide medical insurance for juvenile board, county commissioners have | GA-0715 |
| Discretionary authority to establish, increase, decrease, or eliminate the compensation paid
to the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources Code | GA-0799 |
| Discretionary authority, commissioners court may decide whether to permit an assistant county attorney to engage in private practice of law from the official county attorney's office | LO98-086 |
| District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interest | GA-0730 |
| District court, duty to provide certain funding for | GA-0764 |
| Drainage ditch on private land, whether county responsible for maintaining | LO93-098 |
| Duty to dispose of deceased paupers’ remains, a county may not dispose of an unidentified pauper’s remains by cremation
| GA-0543 |
| 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-0817 |
| Electronic transfer of county funds by county treasurer, county auditor’s authority to require prior approval of | GA-0744 |
| Eligibility for county medical insurance, juvenile board members | GA-0715 |
| Ellis County sale of former supercollider property, requirements applicable to | LO98-003 |
| Emergency lights on tow trucks performing nonconsensual tows, Harris County may prohibit a tow truck from having a red or blue lens in | JC-0481 |
| Emergency Medical Services administrator, commissioners court may absorb duties of | LO94-046 |
| Emergency Medical Services, commissioners court must administer as a body at meeting subject to Open Meetings Act | LO94-046 |
| Emergency medical treatment of a local jail detainee, Texas Health and Safety Code section 773.008(2) does not, independent of any other statutory authority or procedure, authorize a court to order emergency medical treatment of a local jail detainee | GA-0855 |
| Emergency services, commissioners court may assign official addresses to rural property for provision of 9-1-1 emergency services | LO94-016 |
| Employee insurance records, subject to privacy constraints imposed by state and federal law an individual county commissioner is entitled to access | GA-0138 |
| Employees' compensation and benefits policy tying receipt of each to forty-hour work week, county commissioners court may adopt but may not use to interfere in other county official's sphere of authority to administer his or her office | JC-0239 |
| Employees, implied authority to hire | JC-0264 |
| Enforce requirements of chapter 176 of the Local Government Code, local governmental entity has no affirmative duty to | GA-0446 |
| Environmental protection laws, enforcement by county | LO97-085 |
| 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 as | JM-1276 |
| Expanded civil service system, inclusion of deputy sheriffs and deputy constables in | DM-0338 |
| Fee and court cost for support of judiciary, commissioners court must resolve annually to participate in state program | LO94-048 |
| Fee for drilling and equipping of water wells, county may not assess absent specific constitutional or statutory authority | LO98-118 |
| Financial statements of school district trustees - posting on district website | KP-0069 |
| First year that a court begins collecting fees and costs upon approval by commissioners court pursuant to section 51.702 of Government Code, regardless of whether court reapproves collection in subsequent years the term "initially" for purposes of section | JC-0157 |
| Flood control activities on privately-owned land may be undertaken only for a public purpose | LO90-097 |
| Gifts of personal property to alternative dispute resolution centers, county may not accept absent statutory authority | LO97-032 |
| Grand jury terms, Brewster County has four annual | LO94-003 |
| Grievance regarding "auto allowance" not based on actual expenses, salary grievance committee not authorized to hear | LO94-034 |
| Guardianship proceedings, which fees and costs are payable by county if ward's resources are insufficient | LO95-083 |
| Harris County-Houston Sports Authority, municipal election was not required for creation of sports venue project provided voters of county approved project | DM-0455 |
| Health care for indigent inmate, responsibility to provide | DM-0380 |
| Health wellness plan with increased insurance premium for tobacco users | KP-0187 |
| Hours of operation of district and county clerks' offices, commissioners court may not set | LO94-082 |
| Human Resources Code section 142.002 authorizes the Dallas County Juvenile Board to hire an in-house counsel with the advice and consent of the commissioners court if the Board determines that the position is "necessary to provide juvenile probation services." | GA-1085 |
| Immune from a suit for back pay brought by a judge who was under-compensated, a county is | GA-0370 |
| Independent audit, commissioners court may order when audit would best serve "the public interest" | JC-0023 |
| Indigent health care, point at which county bears duty to provide upon dissolution of hospital district | LO95-007 |
| Inmate's medical expenses, county liable for when inmate not indigent | DM-0413 |
| Installation and monitoring motor vehicle interlock device that measures alcohol on operator's breath, county may not charge fee to defendant for | LO96-118 |
| Internet database for information from court case documents held by district and county clerks, authority of commissioners court to authorize and to provide remote online access under contract | GA-0566 |
| Invoice submitted from Wood County Industrial Commission, commissioners court may pay invoice even though it is from an inn owned in part by member of the Industrial Commission | LO98-112 |
| 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-0004 |
| Jail commissary, authority to sell items to persons other than inmates | LO97-071 |
| Jail facility, whether exempt from ad valorem taxation when county occupies under lease-purchase agreement | DM-0383 |
| Jail food service, commissioners court's authority to interfere with sheriff's food selection | LO96-017 |
| Judicial salaries for Potter County courts at law | LO95-074 |
| Juror reimbursement rates, a commissioners court may set different rates based only upon the length of a juror's service | JC-0568 |
| Jury fee, district judge may not set different amount unless commissioners court has abused its discretion in setting | LO97-009 |
| Juvenile detention facilities, commissioners court authorized to purchase or lease out-of-county land to provide | GA-0613 |
| Juvenile probation department contracts and expenditures, authority to approve | DM-0460 |
| Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901 | GA-0755 |
| Liability under juvenile probation department contracts | DM-0460 |
| Lighting equipment on tow trucks performing nonconsensual tows, Harris County may, by rule or ordinance, prohibit a tow truck from having auxiliary stop and tail lamps in or under factory-mounted light bar | JC-0481 |
| Local government policy that prevents cooperation with the federal government regarding a person’s immigration status, likely preempted | GA-0699 |
| Local human rights commissions, authority to file civil action in district court | LO93-010 |
| Mass gathering, single permit for a mass gathering may not be issued for multiple events | GA-0582 |
| Medical examiner's office, commissioners court authorized to establish and fund (Affirmed by Tex. Att'y Gen. LO-97-004) | LO95-088 |
| Medical insurance benefits under county plan, whether county must provide to district judges whose jurisdiction is limited to county | LO95-056 |
| Mental health proceedings, court may delegate collection of reimbursements for costs to appropriate county officer (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000)) | JC-0102 |
| 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-0199 |
| Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving as | GA-0348 |
| Nepotism statute does not prohibit the superintendent of the Pecos County Memorial Hospital from employing the spouse of the county judge because the county judge has no authority to hire employees of the Hospital | KP-0045 |
| Newspaper of general circulation, because county actions are subject to challenge based on defective notice and because an adopted order would serve as some evidence for a reviewing court, a county commissioners court would be well served to determine whether a publication is a | GA-0380 |
| Newspaper of general circulation, there is no legal requirement that a governmental body required to publish notice in a newspaper of general circulation affirmatively determine whether the publication is a | GA-0380 |
| Newspaper of general circulation, where county required by statute to publish notice in, county must evaluate content as well as proportion and diversity of subscribership | JC-0223 |
| Notify persons of applicability of chapter 176 of the Local Government Code, local governmental entity has not affirmative duty to | GA-0446 |
| Office closure, county citizens' recourse against county officer who closes county office for all or part of workday | JC-0239 |
| Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of fact | JC-0119 |
| Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation | GA-0088 |
| Park lands, county may acquire only within county | LO94-018 |
| 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 | JC-0228 |
| Paupers' remains, authority to provide for disposition of by cremation | GA-0301 |
| Payroll preparation duties, commissioners court may assign to county director of personnel | LO98-013 |
| Personal vehicles, court may set amount to be paid deputy sheriffs for use of on official business | LO90-034 |
| Plat revision, county must have express authority to charge fees or costs to applicants for a | JC-0367 |
| Plat, approval by commissioners court as prerequisite for filing with county clerk | GA-0594 |
| Policy manual, authority of county commissioners courts to require sheriff to produce sheriff's office policy manual for approval | GA-0994 |
| Premiums paid on group health, accident, and life insurance policies by a single nonprofit trust established to provide coverage for employees of municipalities, counties or hospital districts, subsection 222.002(c)(5) of the Insurance Code excludes from the imposition of insurance premium taxes | GA-0739 |
| Proceeds generated from an inmate telephone contract are county funds, and they may be used for any legitimate county purpose. | GA-1041 |
| Professional service contracts, disclosure requirements of chapter 176 of the Local Government Code apply to | GA-0446 |
| Property Code section 52.006, if the county has obtained a bail bond forfeiture judgment in favor of the state, that judgment does not become dormant under | GA-0903 |
| Property reappraisal procedures following a disaster | KP-0192 |
| Property tax abatement agreement, county may not amend retroactively after liabilities for a given tax year are due and owing | GA-0134 |
| Public funds, grant of county funds to school district or charter school | GA-0664 |
| Public Information Act exception relating to criminal investigations does not preclude county commissioners from accessing county records they are otherwise entitled to review | GA-0138 |
| Public road, commissioners court may not discontinue until road designated as replacement is ready, but may abandon or vacate without such replacement | GA-0088 |
| Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053 | GA-0835 |
| Public school district trustee, office of county commissioner is incompatible with office of | DM-0311 |
| Public school teacher may simultaneously hold office of county commissioner without renouncing salary attached thereto | JC-0074 |
| Publicly owned property used for public purposes, the Karnes County Correctional Center is exempt from ad valorem taxation if center is | LO98-028 |
| Purchasing agent, purchasing board may abolish position | LO97-064 |
| Purchasing board, member may be removed by appointing body | LO97-064 |
| Pursuant to Opinion KP-0047, it is only the courtrooms and those offices determined to be essential to their operations from which Hays County may prohibit concealed handguns without risk of incurring a civil penalty under Government Code section 411.209. | KP-0049 |
| Rabies vaccination certificate, Harris County Animal Control is prohibited from providing to entity that contracts with city of Houston information contained in | GA-0367 |
| Records retention schedule, documents filed with local governmental entity pursuant to chapter 176 of the Local Government Code should be retained according to entity's | GA-0446 |
| Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility Authority | GA-0885 |
| Registered sex offenders, local government may broadcast certain information about on local cable television station | GA-0056 |
| Reimbursement of judges for bar dues, county not required to provide | LO92-072 |
| Remove county officers, commissioners courts have no authority to | DM-0114 |
| Remove fencing from county road right-of-way, authority of county commissioners court to | GA-0703 |
| Resign-to-run; whether a county commissioner, by virtue of article XVI, section 65, Texas Constitution, automatically resigns the commissioner’s seat under particular circumstances | GA-0769 |
| 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-0978 |
| Revision of subdivision plat, county must notify by certified or registered mail, return receipt requested, all nondeveloper property owners within subdivision | JC-0260 |
| Road administrator, county may employ instead of engineer if county is unable to hire engineer | DM-0368 |
| Salary formula for statutory county court judges set out in section 25.0005(e) of Government Code | JC-0157 |
| Salary reductions for employees of single commissioner, authority of commissioners court to implement absent a written policy | LO95-053 |
| Salvage or surplus property, commissioners court may dispose of by donation | DM-0268 |
| School lands vested in county, commissioners court is trustee with non-delegable duty to sell or otherwise dispose of | JC-0399 |
| 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 | GA-0405 |
| Security, form of collateral required to meet security amount requirements under Occupations Code section 1704.160 for bail bond surety license holders in counties with bail bond boards | GA-0977 |
| Seize assets, county may not seize assets from state of deceased pauper to cover costs of disposition of remains | JC-0228 |
| Sewage disposal system, county authority to own and operate does not include authority to compel septic tank users to connect to | JC-0162 |
| Sexually oriented businesses, decisions about distance requirements between and other land uses are implicitly left to the discretion of the county but should be considered in light of any constitutional rights of such a business including rights of free speech | GA-0658 |
| Sheriff's suspension of deputy, commissioners court not authorized to hear appeal of | LO93-107 |
| Sick leave pool, commissioners court may not create absent express statutory authority | JM-1160 |
| Special statutory notice, publication of required prior to salary increase for county and precinct officers | LO94-004 |
| Subdivision plat, approval of by county does not make county responsible for maintaining drainage ditch on private land | LO93-098 |
| Subdivision plats, authority over in county’s unincorporated area | GA-0648 |
| Subdivision regulation agreement, deadlines for completing a certified subdivision regulation agreement between a county and a municipality under section 242.0015 of the Local Government Code | GA-0230 |
| Subdivision, a county may regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks | GA-1007 |
| Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted | JC-0260 |
| Surplus federal property given as consideration for housing federal prisoners, title to would vest in the county rather than the sheriff, the jail, or the sheriff's department | GA-0229 |
| Tax abatement agreement with owner of tax-exempt leasehold interest in tax-exempt real property, county's authority to enter into | JC-0300 |
| Tax abatement agreements, authority of commissioners court to grant when the subjects of the agreement are fixtures and improvements owned by a wind turbine company and are to be located on the property of a member of the commissioners court | GA-0600 |
| Tax assessor-collector may be required by commissioners court to make weekly remittances of tax collections | JM-1137 |
| Tax increment bonds, authority of counties to issue | GA-0981 |
| Tax increment financing, use by counties | GA-1076 |
| Travel allowance as well as gasoline and automotive repairs, authority of commissioners court to provide its members | LO96-028 |
| Travel expenses of forensic pathologist applicant, county commissioners court's use of public funds to pay | DM-0317 |
| Use of commissary funds under Local Government Code section 351.0415 | GA-1094 |
| Use of county equipment, materials and labor, whether a county may maintain or work on private non-road property | GA-0085 |
| 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 | GA-0816 |
| Utilities, provider subject to section 232.0074 of Local Government Code need not comply with platting requirements to continue serving land connected to utility before September 1, 1989 | LO93-116 |
| Vacancy in office of judge of a statutory county court, authority to fill | DM-0377 |
| Vacancy in office of justice of peace, commissioners court is required to fill (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0140 (1999)) | LO98-037 |
| Vehicle use policy, authority of commissioners court and county auditor to impose on county sheriff | KP-0111 |
| Veterans treatment court judge, not the commissioners court, is authorized to select and supervise the staff of a veterans treatment court program | KP-0146 |
| Voice Over Internet Protocol services "VOIP" - A county may only charge a fee for the service if the fee is designed to recover the costs directly and reasonably incurred in providing the service | GA-1041 |
| Voice Over Internet Protocol services "VOIP" - No Texas statute or administrative rule expressly prohibits a county from offering inmates VOIP services; provision of VOIP services must comply with the Commission on Jail Standards requirements for inmate telephone services as well as any other applicable state and federal regulations | GA-1041 |
| Void, local governmental entity may provide that contract entered into with person failing to comply with chapter 176 of the Local Government Code is | GA-0446 |
| Volunteer fire fighter, county commissioner may serve as | JC-0385 |
| Water district, authority to fund | GA-0601 |
| West Brazoria County Drainage District, Commissioners Court of Brazoria County constitutes governing board of and may set sales tax rate and call election | DM-0140 |
| Wildlife, authority of county to care for and to house wildlife hotline operated by nonprofit corporation | LO93-079 |
| Auditor |
| Government Code section 26.006, auditor should confer with Comptroller regarding whether to deny disbursement of a supplement to a county judge under | KP-0090 |
| Budget and Finance |
| A commissioners court that acts to remove a proposed raise from the budget at the final budget hearing without giving additional notice to county officers and without giving the elected officials a chance to seek redress from the salary grievance committee acts contrary to the requirements of chapter 152 of the Local Gov't Code | GA-0929 |
| Allocation of county property, a commissioners court is permitted to adopt a county budget in which a county vehicle that has been allocated to one county officer is reallocated to another county officer | GA-0308 |
| Allocation of county property, the commissioners court's budget-making authority is limited to the extent that its refusal to approve a requested expenditure precludes an elected officer from carrying out the legal responsibilities of the office | GA-0308 |
| Amend adopted budget where county does not face emergency, commissioners court may transfer funds at any time, but may not | GA-0037 |
| Amendments to budget during fiscal year, transfers between budgeted items, authority of commissioners court to create a new position mid-year | LO97-051 |
| 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-0865 |
| 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 | DM-0118 |
| Authority of a county judge to unilaterally grant access to county financial records to a volunteer financial consultant | GA-0839 |
| Authority of commissioners court to deny longevity pay to county judge who receives a state salary supplement pursuant to Government Code section 26.006 | KP-0180 |
| Authority of county commissioners court to adopt a policy to automatically reduce the salary of employees and officers | KP-0052 |
| Authority of county to transfer funds from road and bridge account to general account to pay commissioner who performs road and bridge maintenance | KP-0182 |
| Bills and accounts of the county hospital, county auditor must examine and approve before the commissioners court may order payment | GA-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 court | GA-0997 |
| 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-0154 |
| Budget-making authority is vested in commissioners court | GA-0340 |
| Calculation of the minimum salary of a county court at law judge under Government Code section 25.0005 | GA-1042 |
| Cash could constitute seized and forfeited property under section 24.377 of the Texas Government Code | GA-0920 |
| 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 | KP-0012 |
| Child support office, authority of Orange County Commissioners Court to set and approve salaries of employees of | JM-1150 |
| City streets, authority to expend county funds for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0036 (1999)) | LO97-084 |
| Collection of ad valorem taxes, county road district cannot change ad valorem basis of taxation to benefits basis if bond election order stated that bonds will be retired through | JM-1276 |
| 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 money | GA-0997 |
| Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authority | GA-0997 |
| Commissioners court is the proper body to receive and accept donations on the county's behalf pursuant to Local Government Code section 81.032 | KP-0003 |
| Commissioners court may amend the budget to reduce the salaries of county clerk’s employees, but may not do so to recoup payment to employees for the time period that the clerk dismissed them because of a thunderstorm and resulting power outage in the county courthouse | GA-0778 |
| Commissioners court may not delegate its approval authority of payroll, claims, and other payments to county treasurer | KP-0160 |
| Commissioners Court's use of Tax Code chapter 324 revenue to fund county health services | KP-0230 |
| Commissioners court’s emergency budget amendment, a county auditor has no independent authority to refuse to create budget lines pursuant to a | GA-0872 |
| Compensation of official court reporters, the Commissioners Court of Denton County has authority to set when court reporter is employee in the Denton County Courts at Law | DM-0128 |
| Compensation, commissioners court may not delegate to another its duty to set | LO94-031 |
| Conflict of interest law does not preclude commissioners court from paying invoice submitted from Wood County Industrial Commission even though it is from an inn owned in part by member of the Industrial Commission | LO98-112 |
| Cost of feeding prisoners in county jail, as regular and continuing expense of sheriff's office, must be subject to ordinary county budgeting process | LO98-023 |
| Countersign a county check, only the county auditor and her qualified assistants may | GA-0872 |
| County payment of expenses for contracted workers in specific circumstances | KP-0235 |
| County attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collection | KP-0030 |
| County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begun | JC-0361 |
| County budget officer, authority to appoint county judge as | GA-0580 |
| County budget, a district court’s supervisory jurisdiction could be invoked to seek a determination whether the commissioners court acted beyond its jurisdiction or clearly abused its discretion in adopting the | GA-0929 |
| County commissioners courts and a regional review committee are two of the entities that may approve expenditures from a district attorney’s asset forfeiture fund | GA-0920 |
| County Court at Law official court reporter, authority to set the salary and hours of work | GA-0952 |
| County jail commissary account, a county may enforce a county-jail inmate’s obligation to reimburse the county for medical, dental, and health-related services received during a previous incarceration by deducting the amount from funds in the inmate’s during a subsequent incarceration | GA-0534 |
| County law library, commissioners court may vest management of in a committee selected by the county bar association but is not required to do so | LO98-104 |
| County may not loan money to road district but may invest sinking fund monies in bonds of the road district | JM-1276 |
| County official's participation in statewide professional association, expenditure relating to does not require line item in county budget as a matter of law | LO97-080 |
| County road district, county is not responsible for debts incurred by members of a commissioners court acting for a | JM-1276 |
| County treasurer, commissioners court may not remove from process of investing county funds but may restrict authority of | DM-0096 |
| County's continuing oversight of funds disbursed to entity under Health and Safety Code subsection 401.244(b)(2) | KP-0234 |
| Defensive driving course fee collected by justice of the peace, commissioners court controls use of | LO98-067 |
| 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 Act | GA-0834 |
| 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 | GA-0978 |
| Discretionary authority to approve budgeted expenditure requested by county officer, commissioners court generally has | GA-0037 |
| District and county clerks, commissioners court may not reduce salary except during regular budget session, but may reduce salaries of non-elected persons at any time | LO94-082 |
| District judge's appointment of spouse of one of county commissioners to serve as county auditor, chapter 171 of Local Government Code does not prohibit | LO93-008 |
| District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential | GA-0099 |
| Donation of money, property, or services to chamber of commerce or similar private corporation that conducts local festivals, county may not make | JM-1199 |
| Employee incentive plan, a county commissioners court may not provide bonuses under for work performed before the plan was adopted | GA-0492 |
| Expenditures can be made from a district attorney’s asset forfeiture fund after those expenditures are approved by a regional review committee under section 24.377 of the Texas Government Code | GA-0920 |
| Expired budget, commissioners court has no authority to amend | GA-0340 |
| Faxing written notice of approved salary and personal expenses to elected officer, commissioners court is not precluded as matter of law from | JC-0471 |
| Fee and court costs for support of judiciary, commissioners court must resolve annually to participate in state program | LO94-048 |
| Fee collected by prosecuting attorney for representing protective order applicant must be administered and disbursed in accordance with county budgeting process | LO96-075 |
| Foreign language interpreter on district attorney’s staff, decisions about funding are made by the commissioners court in the budget process, subject to judicial review for abuse of discretion | GA-0696 |
| Freeze vacant positions in elected county officer's office unless officer fills position by promoting existing county employee or obtains commissioners court's special permission, commissioners court may not | GA-0037 |
| Funds received under Health and Safety Code section 401.244 are public funds | KP-0234 |
| GA-0051 and GA-0620 correctly construed sections 152.013 and 152.016 of the Local Government Code | GA-0865 |
| Gift to county for use in financing prosecutions, commissioners court has discretion to determine how to spend within limits of instrument creating gift | LO94-083 |
| Government Code subsection 25.0005(a) does not limit the "total annual salary" of a statutory county court judge to include only contributions and supplements received by a district judge from the county in which the statutory county court judge serves. | GA-1042 |
| Guarantee the note of a road district, commissioners court acting for the county may not | JM-1276 |
| Hot check fund, auditor may require county attorney to submit documentation for expenses incurred from | JC-0084 |
| Hot check fund, interest that accrues must be severed from principal and used to benefit county | JC-0062 |
| Hot check fund, whether subject to county budgeting process | DM-0357 |
| Hotel occupancy tax, expenditure of revenue from tax on "key person insurance" policy as an authorized administrative costs | GA-0682 |
| Immunity, in event suit is brought as a result of a justice court ordering a child detained for contempt without authority to do so, county could invoke immunity with respect to state claims but could be subject to suit under federal claims | JC-0454 |
| Individual members, before commissioners court adopts a budget it must provide written notice of proposed salary reduction to | GA-0620 |
| Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate county purpose | GA-0059 |
| Interest on dealer's motor vehicle escrow account is discretionary fund of assessor-collector, commissioners court not authorized to control use | DM-0398 |
| Interest on funds deposited in court accrues to principal and may not be retained by county | LO90-104 |
| Investment functions, commissioners court may delegate to county officers or employees other than treasurer | DM-0096 |
| Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrate | GA-0193 |
| Juvenile board, commissioners court has no general supervisory authority over | JC-0085 |
| Juvenile justice alternative education program, county's limited funding and supervision of juvenile board may have corresponding obligations with respect to | JC-0459 |
| Juvenile probation department, commissioners court's budgeting authority over limited to setting dollar amount of county funds it will expend on, and reviewing that portion of department's budget on abuse of discretion standard
| JC-0085 |
| Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorney | GA-0523 |
| Longevity pay - Provided any longevity pay is prospective to the adoption of the longevity policy, a court would likely conclude that a county's longevity pay policy for county officials may include the prior service of the individual as a county employee | KP-0135 |
| Longevity pay, a commissioners court order granting, to certain qualified employees and allowing employees to transfer the longevity pay to another county department if they are hired there, does not continue in effect for an individual who later becomes a county officer | KP-0060 |
| Longevity pay, court may set rate for sheriff prospectively | JC-0026 |
| Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas Constitution | JC-0026 |
| Low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, county's payment to participating dealers under program and reimbursement to county for such payment from Texas Commission on Environmental Quality | GA-0624 |
| Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide | DM-0337 |
| Mental health services proceeding costs, county responsible for paying those costs under section 571.018 of the Health and Safety Code | JC-0287 |
| Mental-health proceeding concerning patient in mental-health hospital in one county when another county is responsible for proceeding costs, responsible county may not be billed for document preparation fee in addition to prosecutor's fee | JC-0364 |
| Motor vehicle certificate of title fee, tax assessor-collector does not have authority to award fee as extra compensation to salaried employees | GA-0639 |
| 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 budget | JC-0524 |
| National forest revenues, allocation to school districts in county | JC-0253 |
| Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase "total annual salary received by a district judge in the county" includes salaries received by district judges serving in in multi-district counties. | GA-1042 |
| Notice to elected officers of proposed salary and expenses for upcoming fiscal year, commissioners court must provide after it receives proposed budget from county judge so long as time is sufficient to allow aggrieved officer to file grievance and to hav | GA-0051 |
| 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 | GA-0872 |
| Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve | GA-0578 |
| Payment to settle lawsuit against former county sheriff and deputies, authority of commissioners court to order where county is paying costs of defense | LO98-103 |
| Performance bonus based on achievement of preset performance goals, commissioners court may not pay to elected county officials | GA-0661 |
| Postage meter, whether county official may use in campaign for office in professional association | LO97-077 |
| 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 program | GA-1039 |
| Programs under jurisdiction of juvenile board, commissioners court has no power to approve and supervise claims of | JC-0085 |
| 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 | KP-0012 |
| Purchases made by nonprofit entity using funds received by County under Health and Safety Code section 401.244 | KP-0234 |
| Ratification and payment of unconstitutional debt, indigent health care services invoices in excess of amount budgeted for that purpose
| GA-0652 |
| Ratify payment made by county treasurer, commissioners court may if payment otherwise lawful when made | JC-0370 |
| Records management and preservation fee may be spent only for records management and automation projects | LO92-007 |
| Records management and preservation fees, commissioners court and county clerk together must determine what specific records management and preservation purposes may be paid with | GA-0118 |
| Records management and preservation fund, a county clerk may not expend money from the clerk's fund with the commissioners court's approval | GA-0638 |
| Reduction of elected official's budget by amendment within court's authority | LO90-040 |
| Reimbursement for audit services for Harris County Department of Education (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0055 (1999)) | LO93-083 |
| Reimbursement for use of personal vehicle to conduct official duties, commissioners court may authorize commissioner to receive | JC-0433 |
| 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-0012 |
| Revenue from the sale of prepaid phone cards 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 county | GA-0814 |
| Salaries for statutory county court judges, county that collects fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must "set" at increased level under section 25.0005(a) | JC-0543 |
| Salaries of county court at law judges may be increased by budget amendment | JM-1138 |
| Salaries of county court at law judges set annually | JC-0159 |
| Salaries of county official's employees, authority to set belongs to court | LO90-040 |
| Salaries of district court personnel, district judges may not change from those set in county budget | LO96-003 |
| Salaries of elected county officials, procedure for setting | LO95-018 |
| Salaries, sheriff's and constable's may not be increased mid-budget-year | GA-0470 |
| Salary change, failure to provide written notice to individual county officials of salary change prohibits commissioners court from altering salary from prior year | GA-0620 |
| Salary grievance committee may not consider aggrieved elected county officer's complaint after start of fiscal year | DM-0405 |
| Salary grievance committee, before it adopts a budget the commissioners court must consider recommendations of | GA-0620 |
| Salary grievance committee, public members of hold over in office when no grand jury convened in county during past year | LO96-067 |
| Salary grievance, a county officer who does not challenge the officer's proposed salary in accordance with the procedure and deadline specified by subsection 152.016(a) of the Local Government Code in any given year has effectively waived any, for the upcoming fiscal year | KP-0060 |
| Salary increases for court coordinators and secretaries, commissioners court must approve and has no duty to provide for in accordance with district court order | LO92-044 |
| Salary increases for elected officers, special statutory notice must apprise public of maximum potential salary increases | JC-0255 |
| Salary increases for selected employees, whether commissioners court may grant without amending county budget | JM-1268 |
| Salary of elected officer may not be higher than that stated in published notice; salary adopted after county published invalid notice may not be increased beyond previous fiscal year's amount until subsequent budget cycle | GA-0162 |
| 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 | GA-0244 |
| Salary supplement program for county court at law judges funded by collection of additional fees and court costs, county may not discontinue participation in during middle of program year | JC-0196 |
| Salary, expenses, allowances, and other benefits provided by the county - Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county. | KP-0007 |
| Scope of Local Government Code section 157.901 concerning county's duty to provide legal representation of county officers and employees | KP-0031 |
| 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 | JC-0214 |
| 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 a | GA-0578 |
| Sick-leave pool, county commissioners court may adopt rules specifying how transfer of value of sick leave from contributing employee to and from pool to withdrawing employee affects departmental budgets | JC-0427 |
| Small business development center, authority of commissioners court to provide funds to | LO98-007 |
| Special account in county general fund, authority of commissioners court to establish | GA-0340 |
| Special budget, no authority for commissioners court to prepare budget separate from general county budget "excess contributions" remitted to county under Local Government code section 26.008 | GA-0340 |
| State funds allocated for expenses of county prosecutor's office are budgeted by commissioners court | JC-0365 |
| State supplemental salary compensation for county attorney, whether county may pay employer's share of employment taxes, such as contributions for social security coverage, from state-provided funds | JC-0227 |
| Statutory county court judge, whether, under Government Code section 25.0005(a)the judge is entitled to longevity pay calculated in accordance with Government Code section 659.0445 | GA-0694 |
| 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 process | JC-0269 |
| Tax abatement contract, county may not tax property as new property value upon expiration of | DM-0094 |
| Tax assessor-collector's office, whether commissioners court may refuse to fund certain positions in | LO92-022 |
| Tax, county may levy either to establish juvenile care/detention facility or to pay other county for juvenile care and training services | LO94-088 |
| Transfer funds from one line item to another existing line item, commissioners court may in absence of emergency | GA-0037 |
| Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplement | GA-0426 |
| Transfer of funds from one budget line to another, county amending budget by means of does not have to follow emergency expenditure provisions | GA-0081 |
| Transportation of juveniles, commissioners court may amend budget to provide for only if it finds "grave public necessity" to meet "unforeseen condition" | DM-0087 |
| Travel expense allowance granted auditor, commissioners court may not require county auditor to provide documentation supporting | LO96-065 |
| Trust funds in custody of court, county may not invest | LO96-023 |
| 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 Code | DM-0258 |
| 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 | GA-1062 |
| 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 | GA-1062 |
| 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-0037 |
| 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 | JC-0214 |
| Venue project, Terrell County may not borrow money to pay to construct | GA-0602 |
| Where newly created hospital district does not comprise the entire county and where the statute does not provide formula by which to apportion operating funds for indigent medical care services between county and newly created hospital district, determination of method of allocation lies with the discretion of the commissioners court, subject to judicial review | GA-0353 |
| Whether a particular expenditure satisfies Texas Supreme Court three-part test in Texas Municipal League is determination for commissioners court in the first instance subject to judicial review | KP-0237 |
| Whether certain department meetings constitute budget preparation contrary to Local Government Code chapter 111 is fact specific and beyond purview of attorney general opinion | KP-0172 |
| Elections |
| Boundaries for "wet/dry" election contain entire political subdivision for which election is called | DM-0044 |
| Boundaries for "wet/dry" election, commissioners court may set only in instance where former justice of the peace precinct boundaries have changed, and must conform as nearly as possible to former boundary | DM-0044 |
| 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-0013 |
| County Clerk prepares election returns for single-county legislative district and delivers returns to Secretary of State | KP-0242 |
| County election commission is not subject to the Open Meetings Act | GA-0361 |
| County equalization tax, authority of the citizens of Harris County to use repealed chapter 18 of the Education Code to increase the equalization tax | GA-1047 |
| County judge, Texas law does not authorize a municipal recall election to be ordered by a | GA-0870 |
| Effect of 1981 enactment of the Agriculture Code on previous local option stock law elections. | KP-0164 |
| Emergency services district in Navarro County, November 6, 2012 is the next available date to hold election to create | GA-0925 |
| General election, there is no provision in Texas Constitution or Texas statutes for election of district or county clerk other than at | JC-0384 |
| Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivision | GA-0013 |
| Local option election, when petitioners must make deposit to file petition | GA-0783 |
| Local option election; county payment for expenses of | GA-0783 |
| Local option stock law election, in which a single ballot proposition combined proposals from a petition to restrain cattle with a petition to restrain horses or other animals, is invalid | GA-0093 |
| Non-binding referendum on age of criminal responsibility, county may not hold election absent specific statutory authority | LO94-091 |
| Office of county election administrator, authority to contract with other political subdivisions to fund | DM-0134 |
| Petition for dissolution of drainage district, commissioners court has no authority to permit withdrawal of petition and must call the required election | LO96-026 |
| Petition for election to adopt Optional County Road System containing provisions not authorized by statute invalid | DM-0172 |
| Professional baseball and football facilities, county's authority to call an election to finance | LO96-120 |
| Randall County may divide itself into fewer than four justice of the peace and constable precincts, but must remain divided into four commissioner precincts | JC-0217 |
| Redistricting of precincts, boundaries of hospital district established in authorizing legislation as coextensive with commissioner's precincts of county do not change with | DM-0186 |
| Term of office to which elected, regardless of recognition of United States Census of Population a "joint clerk" who performs duties of both district clerk and county clerk is entitled to complete | JC-0384 |
| Venue project, Harris County not required to hold election for | DM-0453 |
| Venue-project sales and use tax election, terms of the election pursuant to which county voters approved the tax constitute a contract with the voters and county is authorized to use venue-project funds for improvements only if the improvements are consis | GA-0156 |
| Voter registration information maintained on computer system serving all county offices, commissioners court may not enter into contract with private business for service of system without prior approval of Secretary of State | JM-1275 |
| Emergency Services Districts |
| Commissioners court may appoint member to governing board of emergency services district on date prior to January 1 of the year the term of office begins | GA-0941 |
| Pursuant to Health and Safety Code chapter 775, two emergency services districts may overlap in territory but may not provide duplicative services in any territory where they overlap | GA-1022 |
| Federal Funds |
| Justice Assistance Grant funds, a county may not use to increase the sheriff's or a constable's salary mid-budget-year or to pay the sheriff or constable overtime, but may use to pay a constable for services rendered as a deputy sheriff | GA-0470 |
| Fees |
| 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 | GA-1068 |
| 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 | GA-1068 |
| Authority to impose surcharge fee to defendants for credit card use | KP-0257 |
| Commissioners court authority to establish and supervise county collections department and delegate collection of money to private collections firm | KP-0203 |
| Surcharge prohibition in Business and Commerce Code section 604A.0021 not applicable to counties accepting credit cards payments of fees, taxes, or other charges | KP-0257 |
| Transportation Code section 502.403, county is required to send a portion of revenue generated by county fee for child safety to municipalities under | KP-0068 |
| Incompatibility of Offices |
| Incompatibility of simultaneous service as college trustee and county commissioner | KP-0119 |
| Interlocal Cooperation |
| Although no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts, the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct | GA-0912 |
| Autopsy of resident who dies in neighboring county hospital, county of residence may not contract to conduct or pay for | JC-0071 |
| Contract with voters; representations and statements preceding election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project | GA-0968 |
| Drainage charge, an interlocal contract entered into in accordance with section 242.001 or 791.011 of the Local Government Code may not authorize a county to assess on behalf of a municipality with a drainage utility system | GA-0366 |
| Excess office space, county is authorized to lease to appraisal district | JM-1197 |
| Fire prevention district or volunteer fire department, authority of county to contract with | JM-1209 |
| Indemnification clause in county contract with appraisal district to provide 9-1-1 services, validity of | GA-0176 |
| Law enforcement agreement, counties may not by agreement authorize one county to extend its law enforcement jurisdiction into the other county. Counties may agree for the deputy sheriffs of one county to perform law enforcement services in another county | GA-0189 |
| Local governments may not enter into interlocal contract to agree to deny utility and landfill services to customers who are delinquent in payments to other parties to the agreement | JC-0219 |
| Office of county election administrator, whether a county has authority to contract with other political subdivisions to fund | DM-0134 |
| Plats and subdivisions of land within municipality's extraterritorial jurisdiction, county and municipality may adopt a unified "set of regulations related to" that combines municipal and county regulations and that eliminates conflicts between them | JC-0518 |
| Private roads in municipality, commissioners court may not enter into interlocal contract to maintain | JC-0288 |
| Sheriff and constable patrols, county may contract with municipal utility district to provide additional | LO98-079 |
| Solid waste disposal services, county authority to provide such services by contract or otherwise to persons in a municipality's extraterritorial jurisdiction | GA-0988 |
| State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission for | JC-0171 |
| Legislation and Legislative Authority |
| Alcohol-free zone, commissioners court may designate only a school operated by school district located within city of 900,000 or more as part of | LO96-134 |
| 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 | GA-0934 |
| Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official | GA-1018 |
| 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
Article VIII, section 1-g(b) of the Texas Constitution, a county qualifies as a "political subdivision" as that term is used in | GA-0953 |
| Assistant county attorney, commissioners court's role in appointment process | GA-0350 |
| Attorneys, Harris County Commissioners Court may not authorize employment of any individual commissioner or by sheriff | JM-1281 |
| Bolivar bridge project, Harris County may not participate in because no part of project lies within Harris County | GA-0039 |
| 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-0154 |
| Building energy efficiency performance standards, county cannot enforce in unincorporated areas | JC-0457 |
| 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). | GA-0930 |
| Cemetery, commissioners court may determine whether non-human animals may be buried in | LO93-016 |
| 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 | GA-0332 |
| 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 | GA-0857 |
| Concealed handguns, county may prohibit carrying of under license in county park | DM-0364 |
| Condominium development, authority to regulate as a subdivision of land | GA-0223 |
| 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 | GA-0857 |
| 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 | GA-0857 |
| 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 | GA-0857 |
| 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 | GA-0012 |
| County employees and equipment, whether county may authorize use of to transport agricultural commodities for a community action organization | JM-1240 |
| County indigent health care, commissioners court authority to adopt eligibility requirements | KP-0059 |
| Dangerous wild animals, county required to adopt certificate of registration program for | JC-0552 |
| Donations, statutory authority of county to accept | JC-0443 |
| Duties not assigned by law, the commissioners court may delegate to an appropriate elected county official | GA-0503 |
| 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 | GA-0683 |
| 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-0656 |
| Extraterritorial jurisdiction, county authority to require revised plats of subdivisions located in | JC-0260 |
| Fee for transportation of bodies to medical examiner's office, whether commissioners court may charge funeral home | LO94-066 |
| Fire code for commercial establishments and public buildings in unincorporated area, court may not limit enforcement of | LO90-016 |
| Floodplain management, Harris County authorized to regulate building of structures over waterways within jurisdiction of Port of Houston Authority for purposes of | DM-0150 |
| Handgun ownership, commissioners court may set fee charged for request of criminal history record on applicant for | LO94-084 |
| 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-0034 |
| 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-0065 |
| Juvenile justice alternative education program, county has no authority to negotiate discretionary expulsions that will be subject to placement in | JC-0459 |
| Landfills exempt from state law permitting requirements, authority of county to enforce ordinance regulating | LO93-109 |
| 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-0284 |
| Order limiting supplemental workers' compensation may not be applied to county employees injured prior to adoption | DM-0213 |
| Pauper's remains, county may adopt rules regarding disposition of and receipt of information from survivor | JC-0228 |
| Payroll deductions for membership dues to employees associations, authority to restrict | JC-0369 |
| Payroll preparation and claim processing function that legislature has not assigned to specific county officer, court's authority to delegate | DM-0440 |
| Private subdivision's roads, commissioners court may amend order extending county traffic rules to | GA-0080 |
| 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-0034 |
| Public Weigher, Kerr County Commissioners Court has authority to abolish office of | DM-0035 |
| Rabies control authority in unincorporated areas of county, commissioners court must designate officer to act as | GA-0466 |
| Rabies control authority, commissioners court may designate constable to act as, but is not required to do so | GA-0466 |
| 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-0937 |
| Regulating the outdoor burning activities described in Local Government Code subsection 352.081(f), the Legislature has prohibited a commissioners court from | GA-0930 |
| Rescind or modify orders and decisions, authority of commissioners court to | JC-0136 |
| Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional | DM-0123 |
| 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 | GA-0930 |
| Security fee, commissioners court's authority to adopt (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995)) | DM-0283 |
| Sheriff's office, commissioners court may not micro-manage deployment of resources and personnel of | JC-0214 |
| Smoke-free environment in county buildings, commissioners court has authority to promulgate regulation creating | DM-0183 |
| Speed limit on county road or highway, commissioners court may lower without traffic study, but not to less than thirty miles per hour | JC-0079 |
| Storage of dead human bodies at medical examiners office, commissioners court may not authorize charge for | LO92-020 |
| Subdivisions, county may by rule classify and define certain kinds of subdivisions that need not be platted despite otherwise applicable requirement | JC-0260 |
| Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutes | GA-0129 |
| Underground water district, no authority to create (Affirms Tex. Att'y Gen. Op. No. JM-1024 (1989)) | LO90-020 |
| Where a county has express authority to contract, it has implied authority to negotiate terms of the contract | GA-0302 |
| 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 | GA-0857 |
| Meetings |
| Agenda items placed by absent commissioner, authority of commissioners court to discuss | LO95-032 |
| Agenda, authority to prepare | DM-0228 |
| 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 | GA-1001 |
| 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 | JC-0506 |
| Criminal liability under Open Meetings Act, person who is not a member of the commissioners court may be charged with a violation of the Act, but only if the person aids or assists a member or members who knowingly act to violate the Act | JC-0307 |
| Criminal liability under Open Meetings Act, person who is not a member of the commissioners court who acts independently to urge individual members to place item on an agenda or vote a certain way does not commit an offense under the Act, even if he or sh | JC-0307 |
| Emergency meetings under the Open Meetings Act, commissioners court may hold as special term | JC-0352 |
| Executive session, commissioners court not authorized to meet in to discuss proposed city or county property tax abatement | LO97-096 |
| Executive sessions, commissioners court has discretion as to whether to admit county clerk to its | GA-0277 |
| Final action may be discussed or amended in a subsequent meeting provided subject set out in public notice in accordance with Open Meetings Act | DM-0228 |
| Local Government Code subsection 81.005(a) is directory | GA-1001 |
| Notice of meeting, commissioners court must repost if meeting is continued to any day other than day immediately following | DM-0482 |
| Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act | JC-0307 |
| Presentations from speakers, court my impose reasonable limitations but may not discriminate against particular point of view | LO96-111 |
| Procedural rules | DM-0228 |
| 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-1001 |
| Regular session of commissioners court convened on a Tuesday following a Monday holiday, validity of | LO95-032 |
| Salary increases for elected officers, notice that is materially misleading concerning rates of proposed increases is not in substantial compliance with special statutory notice provision as a matter of law | JC-0255 |
| Tape of executive session, commissioners court is proper custodian of | GA-0277 |
| Wetlands regulation program, public hearing required to be conducted by commissioners before adopting | LO93-002 |
| Public Housing Programs |
| County authority to pursue public housing programs | KP-0219 |
| Purchasing and Contracts |
| A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roads | GA-1010 |
| Advertisement for privately owned business, county may not print on county owned vehicle in exchange for donation from the business or lease of space on the vehicle with the business | GA-0158 |
| Airport land, procedures applicable to lease for airport purposes | GA-0190 |
| Airport property, county must sell or lease in compliance with public auction or, if applicable, sealed bid or sealed proposal requirements | LO95-066 |
| Ambulance service contract, exemption from competitive bidding requirement by order of commissioners court after it has requested and rejected bids | JC-0136 |
| Ancillary legal services for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously | JC-0034 |
| Assignment of contract and option to extend lease term, county's authority to enter into coliseum concession contract that authorizes | LO98-057 |
| 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 | JC-0443 |
| Authority of commissioners court to condition sale of seized gambling contraband on bidder’s agreement to remove such property to jurisdiction in which the property’s use is not illegal
| GA-0533 |
| Automated information systems, purchase by local governments through state catalogue purchasing procedure | DM-0350 |
| Carpenter, whether within professional services exception to competitive bidding requirement | JM-1136 |
| Claims, procedures for payment of | DM-0440 |
| Clinic in adjacent county, a county operating a hospital under Health and Safety Code chapter 263 may acquire if commissioners court determines the acquisition is necessary for hospital purposes | GA-0552 |
| Collect justice-court fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and co | GA-0313 |
| Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court order | JC-0516 |
| 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 |
| Competitive bidding process, food service contract for county jail subject to | LO98-023 |
| Competitive bidding, whether contract between commissioners court and funeral home association for transportation of bodies to medical examiner's office is subject to | LO94-066 |
| Conflict of interest statute, business entity in which county judge owns a substantial interest may sell fuel and oil products to the county only if the county judge complies with | GA-0136 |
| Conflicts of interest, subcontracting company owned by county commissioner; relationship between chapter 171 of the Local Government Code and commissioner oath of office | GA-0671 |
| Constable may not provide law enforcement services for a fee to private property owners association outside constable's precinct under section 351.061 Local Government Code | GA-0938 |
| Constable may not purchase for personal ownership a police-equipped car under local purchasing program established for local governments by General Services Commission | LO97-109 |
| Contract that must be competitively bid under the County Purchasing Act, readvertisement for bids is required for unlimited number of times where county receives no bids on | DM-0004 |
| Contracts for work performed and paid for by the day, restrictions on exemption from competitive bidding for | LO98-015 |
| Contracts to "farm out" prisoners, sheriff may not unilaterally enter into | LO98-072 |
| Contracts, commissioners court may not refuse to enter into if such refusal will violate Eighth or Fourteenth Amendment rights of county prisoners | LO98-072 |
| County attorney is not "specialized local entity" for purposes of competitive bidding requirements | JM-1136 |
| County attorney, commissioners court may contract with to represent county in general civil litigation in county attorney's private capacity | LO97-011 |
| County authority to purchase and then lease generator to a radio station | GA-0583 |
| County board appointed by commissioners court to manage county computer system may contract with the Department of Public Safety on behalf of commissioners court to receive access to telecommunications system | JM-1224 |
| 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 | GA-0302 |
| County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners | GA-0229 |
| County pruchase and resale of construction or other heavy equipment, applicability of competitive bidding statutes | GA-0628 |
| County Purchasing Act, purchases made by district attorney or criminal district attorney from felony forfeiture funds pursuant to chapter 59, Code of Criminal Procedure are subject to | LO94-040 |
| County Purchasing Act, contract awarded in violation of Act is not void but may be voided by a court | GA-0247 |
| County school land, authority of commissioners court to accept lease requiring lessee to make expenditures for land management and maintenance | GA-0958 |
| Court interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so | JC-0584 |
| Court would likely conclude that Dallas County is not expressly authorized by Labor Code section 62.0515 to require a higher wage as a condition for a contract award under the County Purchasing Act. | GA-1090 |
| Courthouse office, commissioners court may provide to a title company to examine, inspect, and copy public records, but may not charge for use of the space | LO98-091 |
| Courthouse security, Colorado County Commissioners Court may not contract with county attorney to provide | LO98-026 |
| Crime restitution funds, collection under Code of Criminal Procedure art. 103.0031(a)(1)(A) when delinquent | KP-0173 |
| Culverts and road sign components, purchasing separately may violate competitive bidding laws | LO94-087 |
| Depository, section 131.903 of the Local Government Code, not chapter 171 of the same code, governs conflicts of interest in county's selection of | LO97-093 |
| Design-build contract, a county may use to construct a thermal energy plant built for a building complex as a "facility" under subchapter H, chapter 271 of the Local Government Code | GA-0070 |
| Design/build contract for construction of public work, commissioners court may not award on basis of competitive bidding where architectural or engineering services are part of contract | JM-1189 |
| Design/build contract including architectural services, county is authorized to enter into with private vendor to design and construct detention facility | LO96-117 |
| Disclosure statements regarding prospective contractors' business relationships with county officers and employees, County Purchasing Act and Professional Services Procurement Act authorize county to require | JC-0521 |
| Employees to perform purchasing duties, court's authority to hire | JC-0264 |
| General contracting authority, commissioners court, rather than sheriff, possesses | LO98-072 |
| Gifts and donations to compensate district attorney's employees, commissioners court's authority to accept | GA-0562 |
| Grants for economic development, authority of county commissioners court to make | JC-0092 |
| Hold and save harmless provision requiring county to indemnify another party for damages, application of constitutional restrictions on county debt | DM-0467 |
| Holiday lighting and decorations, authority to expend funds for | KP-0116 |
| Hospital district's purchases and contracts, commissioners court may delegate to county purchasing agent | LO94-050 |
| Hospital district, whether contracts and board action require approval of commissioners court | LO96-092 |
| Jail commissary proceeds, purchases to be paid from need not be competitively procured | JC-0122 |
| Justice Court Technology Fund may not be used for constable education and training | GA-0560 |
| Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over | DM-0439 |
| Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court | DM-0439 |
| Land for burial of deceased paupers, authority of county to purchase and maintain | GA-0235 |
| Law enforcement services, county's authority to contractually provide law enforcement services to a nongovernmental association | GA-0553 |
| Lease county real property, whether county commissioner may | GA-0090 |
| Lease of county property to a museum, whether county must lease pursuant to competitive procedures | JC-0582 |
| Lease of county property under section 263.007, Local Government Code, for an amount less than fair market value does not constitute a procedural violation that section | GA-0706 |
| Lease of office space, findings that commissioners court must make to lease vacant office space to title company for certain functions and to permit private attorney to practice in the space | LO98-091 |
| Lease-purchase agreement with appraisal district, statutory procedures applicable to | LO96-053 |
| Literacy programs, authority to expend funds for | KP-0116 |
| Lobbyist, commissioners court may use county funds to hire to lobby legislature | JC-0089 |
| 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-1010 |
| Local government corporation created by county not subject to competitive bidding requirements of County Purchasing Act | JC-0206 |
| Medical services for county jail inmates, commissioners court has authority to contract with physician to provide | DM-0111 |
| Minority and women-owned businesses, policy to increase county contracts with is not inconsistent with competitive bidding requirements | DM-0226 |
| Museum, authority of county to acquire property by deed for purpose of operating as a museum, to lease property as a museum, and to agree to pay certain museum expenses for a fifty-year term | JC-0582 |
| 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 plac | JC-0439 |
| Office building received as donation and not used for county purposes, statutory procedures applicable to lease-purchase of | LO96-053 |
| Open Meetings Act, circulation of a claim, invoice, or bill in writing for approval of payment among members of a commissioners court in lieu of consideration of the item at an open meeting would violate the Act | JC-0307 |
| Open Meetings Act, evaluation committee appointed by commissioners court to recommend selection of architect and negotiate contract is subject to | JC-0060 |
| Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for | DM-0067 |
| Prebid conference, commissioners court is not authorized under County Purchasing Act to require bidders to attend mandatory prebid conference or to refuse to accept or open bids of bidders who fail to attend | JC-0319 |
| Prevailing wages, fringe benefits, and English proficiency, county may not specify as conditions for nonpublic works contracts subject to competitive bidding unless directly related to work to be done | JM-1215 |
| Project labor agreement, whether section 271.121 of the Local Government Code prohibits a governmental entity from requiring a contractor or other vendor to sign a project labor agreement is a fact question beyond the purview of the Opinion Committee | GA-0858 |
| Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made from | DM-0246 |
| Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bids | DM-0246 |
| Public works contract for construction of vehicle maintenance building, County Purchasing Act competitive bidding requirements applicable to | JM-1220 |
| Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize purchase by precinct employees; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporati | JC-0100 |
| Purchase of computer from Justice Court Technology Fund, whether purchase for constable serves as technological enhancement for justice court is fact question to be determined by commissioners court | GA-0560 |
| Purchase of groundwater, whether a contract for, that does not entitle the Red River Authority to drill for and produce groundwater nevertheless conveys a "groundwater right" such that it must be approved by the commissioners court in a county without a groundwater conservation district is a question that can only be answered by reference to the particular contract at issue | GA-1049 |
| Purchasing agent appointed by commissioners court, commissioners court may prescribe duties of | LO98-115 |
| 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-0132 |
| Purchasing agent, authority to appoint | JC-0264 |
| Purchasing culverts for resale to private citizens, county may do so to carry out a public purpose but not merely to earn a profit | LO90-022 |
| Quantum meruit payments on contract awarded in violation of County Purchasing Act, commissioners court lacks authority to authorize | GA-0247 |
| Quantum meruit, a commissioners court may not award such damages for the reasonable value of benefits received under an implied contract unless the county auditor has approved the claim | GA-0383 |
| Ratification, commissioners court lacks authority to ratify contract awarded in violation of County Purchasing Act | GA-0247 |
| Real property, whether county may execute vendor's lien note for purchase of | LO93-090 |
| Requisition for supplies or materials, auditor's duty to issue | LO93-091 |
| Resale of property purchased at tax sale, county may conduct private | JM-1232 |
| Sale and leaseback or lease and leaseback of property to acquire a thermal energy plant in connection with a jail facility, a county does not have implied authority to enter into a | GA-0070 |
| Spot purchase of supplies or materials, county may make without competitive bidding when the contractor obligated to meet county's requirements is unable to do so | JM-1254 |
| Surplus property, county lacks authority to exchange for non-monetary consideration | JC-0104 |
| Tax abatement agreement, authority of commissioners court to amend by deleting land from reinvestment zone | DM-0456 |
| Tax to establish juvenile care/detention facility, county may use proceeds from to contract with private facility operator | LO94-088 |
| Telephone services to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provide | LO97-030 |
| Total cost bid specifications, county may not combine purchase and later sale of the same piece of property into one transaction for competitive-bidding purposes | JM-1248 |
| Unit-price contract may be subject to statutory competitive-bidding and performance- and payment-bond requirements if unit price multiplied by the estimated amount needed triggers the statutes (Affirms Tex. Att'y Gen. Op. No. JM-1220 (1990)) | JM-1243 |
| Use of county vehicles | GA-0480 |
| Utility company contracting with a county to collect the fees for the county’s solid waste disposal under Subsection 364.034(d)(2), Health and Safety Code, is authorized to suspend its own utility service for nonpayment of the county’s solid waste disposal fee | GA-0770 |
| Venue project, Terrell County may not borrow money to pay to construct | GA-0602 |
| Volunteer fire department, commissioners court may purchase fire fighting equipment for or make payment to if court determines the grant is constitutional | JC-0082 |
| Whether the payment of higher wages is definitively and objectively related to the quality of services provided under a specific contract such that it can be included as an evaluation factor on competitive proposals submitted under section 262.030 of the County Purchasing Act requires a factual inquiry and is not a question that can be answered in the opinion process. | GA-1090 |
| Roads and Bridges |
| A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roads | GA-1010 |
| Abandonment of road by vote of commissioners court vests title in abutting property owners | LO94-053 |
| Access to public roads in subdivision, landowner may not block by locked gate or other obstruction | JC-0172 |
| Amount of tax voted by electorate, tax collector and the commissioners court cannot ordinarily levy or collect a tax in a road district in excess of | JM-1276 |
| Assessments for road improvements, commissioners court may delegate details of calculating and collecting, but may not assess property owners costs of holding election and collecting revenues | DM-0126 |
| Bond election, county road district bond election is not rendered invalid if amount to be voted upon is changed after a public hearing | JM-1276 |
| Center stripe, county may lay on county road in accordance with Texas Manual on Uniform Traffic Control Devices | JC-0175 |
| City streets unconnected to county road system, commissioners court may expend county funds to improve if expenditure serves a county purpose in accordance with article III, section 52(a) of Texas Constitution
| JC-0036 |
| City streets unconnected to county road system, commissioners court may not expend proceeds of unlimited tax, county road or district road bonds issued under article III, section 52(b) or (c) of Texas Constitution on | JC-0036 |
| City streets, authority to expend county funds for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0036 (1999)) | LO97-084 |
| Closure of public road requires unanimous vote of commissioners court | JC-0116 |
| Commissioners court's approval of plat for filing with county clerk does not constitute acceptance of dedication of private roads to the public | GA-0594 |
| Commissioners courts, whether they are authorized to remove structures from the right-of-way that they deem to be safety hazards | GA-0693 |
| Competitive bidding laws, purchasing culverts and road sign components separately may violate | LO94-087 |
| Constables and deputy constables as weight enforcement officers | KP-0245 |
| County road right-of-way, a school district has no right to install fiber-optic cable in | GA-0793 |
| County roads upon compliance with the requirements of the statute. To the extent any of the actions in Transportation Codoe section 251.051 may be applicable to Dallas Drive, the county may utilize them to divest itself of its | KP-0075 |
| Dedication of roads in subdivision plat not effective until accepted on behalf of public by commissioners court | GA-0594 |
| Dedication of subdivision road, effect of county’s qualified acceptance
| GA-0513 |
| District court has no authority to allocate road and bridge fund | LO98-087 |
| Donation for improvement of specific county road, whether commissioners court may agree to condition | JC-0073 |
| Donation of a private road or donations to maintain road, counties with populations that exceed 5,000 must follow procedures outlined in chapter 253 or 281 of the Transportation Code to bring a private road into the county road system before the county may accept | GA-0345 |
| Donations of materials to aid in maintenance of roads must be accepted by commissioners court, not by individual ex officio road commissioner | JM-1155 |
| Drainage ditch on private land, county not responsible for maintaining | LO93-098 |
| Drainage easements and right-of-way, disposing of abandoned | GA-0471 |
| Drainage of road, county has duty to provide for when it accepts municipal utility district's dedication of road to public use | LO94-044 |
| Duty to remove gate and maintain road in specific circumstances | KP-0240 |
| Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to | GA-0472 |
| 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 | GA-0473 |
| Ex officio road commissioner may not contract with public or private entity to perform road work in precinct | GA-0295 |
| 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-0158 |
| Ex officio road commissioners of two precincts may not jointly hire employees to work in both precincts | GA-0295 |
| Excavating or cutting the surface of a county road, activities of do not include boring or tunneling under a county road | GA-0722 |
| Extraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes county to construct and maintain part of road therein to the extent that county road construction standards apply
Subdivision roads, Transportation Code | GA-0319 |
| Fee, county may impose on a person or entity for cuts of a county road surface in connection with installing maintaining, or repairing person’s or entity’s facilities or properties
| GA-0722 |
| Gate across third class road, landowner must remove if commissioners court constructs a cattle guard to replace | LO98-120 |
| Harris County Road Law governs Harris County's sale of land acquired but never used for road purposes | LO93-047 |
| Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivision | GA-0013 |
| 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-1010 |
| Local law enforcement officers must be certified by Texas Department of Transportation to enforce weight restrictions | KP-0245 |
| Maintenance of any particular county road, county's decision as to frequency of maintenance is matter for discretion of commissioners court | GA-0128 |
| Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the | GA-1014 |
| Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept | GA-1014 |
| 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 Code | JC-0250 |
| Name and rename county road, authority of commissioners court to | JC-0301 |
| Neighborhood road, when county may condemn private property to establish | DM-0487 |
| No county roads in unincorporated area of one precinct, administration of roads under ex officio road commissioner system may continue when there are | GA-0295 |
| Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to remove | GA-0139 |
| Optional County Road Law of 1947, county that adopted law prior to its repeal continues to operate under | DM-0368 |
| Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements for | JC-0517 |
| Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation | GA-0509 |
| Private road, a county may not repair | GA-0359 |
| Private roads become public roads subject to county maintenance when dedicated to county and accepted by commissioners court | JC-0172 |
| Private roads used for school bus routes, county is not authorized to maintain | DM-0013 |
| Public road, commissioners court may not permanently cease to maintain without formerly ordering that road be discontinued and designating alternative route | GA-0128 |
| Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize precinct employees to; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in whi | JC-0100 |
| Repair of road located within city limits, county is authorized to pay for if road is integral part of or connecting link with county's road system | LO98-116 |
| Right of way - a county road may include the sidewalks in the right of way | KP-0075 |
| Right-of-way, county's authority to permit public utilities to use does not entail authority to permit third parties to use for private benefit | JC-0238 |
| Right-of-way, water corporation may lay fixtures in county after notifying county but need not notify county before repairing existing fixtures; county may require water corporation to remove or relocate fixtures at corporation's expense | JC-0556 |
| Right-of-way, whether county may permit third party to place water lines on will depend either on scope of easement's grant or uses by which prescriptive easement gained, and whether use constitutes additional burden on land | JC-0238 |
| Road and bridge fund among precincts in Hill County, commissioners court has broad discretion to allocate | LO98-087 |
| Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway | GA-0576 |
| Roads dedicated to public, county must accept for maintenance before enforcing speed limits on | LO95-064 |
| Speed bump, county may install on county road with permission of Texas Department of Transportation | JC-0175 |
| State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bonds | JC-0139 |
| 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 instance | JC-0503 |
| Stop signs, commissioners court order installing constitutes traffic regulation subject to hearing requirement | GA-0129 |
| Storm water sewer, county may use and maintain to extent necessary to accomplish duty to drain road | LO94-044 |
| Subdivision road, a county may repair but the road will thereby become part of the county road system | GA-0359 |
| Subdivision roads, authority of commissioners court to improve and assess costs of improvements against property owners within subdivision | DM-0204 |
| Tax anticipation notes and bond anticipation notes as well as bonds, county road district may borrow money by issuing but not unless authorized by the electorate | JM-1276 |
| Texas Department of Transportation may revoke local law enforcement officer's authority to act as weight enforcement officer | KP-0245 |
| Third-class road, property owner has no authority to install gate if county has installed cattle guards | LO95-065 |
| Traffic fatality markers, county's authority to erect in subdivision with restrictive covenants, constitutionality of use of Latin crosses as | LO97-018 |
| Traffic regulation on non-county maintained public roads in subdivisions located within a fresh water supply district in an unincorporated area of the county | GA-0809 |
| Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutes | GA-0129 |
| 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 | GA-0080 |
| Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county's right-of-way | GA-1013 |
| Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county's right-of-way. | GA-1013 |
| Trees and shrubs in county road right-of-way, commissioners court has general authority to remove and dispose of (depending on easement contract) | JM-1241 |
| Use of funds collected from claims on subdivision road and drainage bonds under Local Government Code subsection 232.003(7) | KP-0256 |
