LOCAL GOVERNMENT CODE
TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT
SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS
CHAPTER 81. COMMISSIONERS COURT
SUBCHAPTER A. ORGANIZATION AND PROCEDURE
Sec. 81.001.
COMPOSITION, PRESIDING OFFICER.
(a) The members of the
commissioners court are the county judge and the county commissioners.
(b) If present, the
county judge is the presiding officer of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 81.002. OATH,
BOND. (a) Before undertaking the duties of the county
judge or a county commissioner, a person must take the official oath and swear
in writing that the person will not be interested, directly or indirectly, in a
contract with or claim against the county except:
(1) a contract or
claim expressly authorized by law; or
(2) a warrant issued
to the judge or commissioner as a fee of office.
(b) A commissioner
must execute a bond, payable to the county treasurer, in the amount of $3,000. The bond must be approved by the county judge
and must be conditioned on the faithful performance of the commissioner's
official duties. The bond must also be
conditioned that the commissioner:
(1) will reimburse
the county for all county funds illegally paid to the commissioner; and
(2) will not vote or
consent to make a payment of county funds except for a lawful purpose.
(c) Subject to the
provisions of Chapter 171, the county judge or a county commissioner may serve
as a member of the governing body of or as an officer or director of an entity
that does business with the county, excluding a publicly traded corporation or
a subsidiary, affiliate, or subdivision of a publicly traded corporation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1989, 71st Leg.,
ch. 475, Sec. 1, eff. Aug. 28, 1989;
Acts 1999, 76th Leg., ch. 62, Sec. 13.02, eff. Sept. 1, 1999.
Sec. 81.0025.
CONTINUING EDUCATION. (a) A county commissioner must successfully
complete at least 16 classroom hours of continuing education in the performance
of the duties of county commissioners at least once in each 12-month period.
(b) Continuing
education instruction required by this section must be certified by an
accredited public institution of higher education.
(c) To satisfy the
requirement of this section, a commissioner is entitled to carry forward from
one 12-month period to the next not more than eight continuing education hours
that the commissioner completes in excess of the required 16 hours.
(d) For the purposes
of removal under Subchapter B, Chapter 87, "incompetency" in the case
of a county commissioner includes the failure to complete hours of continuing
education in accordance with this section.
(e) This section does
not apply to a county commissioner who:
(1) serves in a
county with a population of 1.3 million or more;
(2) has served
continuously for 12 years or more; and
(3) attends at least
15 hours of staff briefing on continuing education subjects in each 12-month
period as approved by the County Judges and Commissioners Association of Texas.
(f) In addition to
the exceptions under Subsection (e), this section does not apply to a county
commissioner who serves in a county with a population of 225,000 or more and
who:
(1) has served
continuously for 12 years or more; and
(2) in the 12-month
period, completes at least three semester credit hours of graduate-level course
work in a field of study directly related to county government with a grade of
B or higher in each course completed during the period.
Added by Acts 1989, 71st Leg., ch. 413, Sec. 1, eff. Jan. 1,
1990. Amended by Acts 1991, 72nd Leg.,
ch. 111, Sec. 1, eff. Jan. 1, 1992; Acts
1995, 74th Leg., ch. 294, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 1235, Sec. 1, eff.
Jan. 1, 1998; Acts 2003, 78th Leg., ch.
454, Sec. 1, eff. Jan. 1, 2004.
Sec. 81.003.
CLERK. (a) The county clerk is the clerk of the
commissioners court. The clerk shall:
(1) serve the court
during each of its terms;
(2) keep the court's
books, papers, records, and effects; and
(3) issue the
notices, writs, and process necessary for the proper execution of the court's
powers and duties.
(b) The court shall
require the clerk to record the proceedings of each term of the court. This record may be in a paper or electronic
format. After each term the clerk shall
attest to the accuracy of this record.
(c) The clerk shall
record the court's authorized proceedings between terms. This record may be in a paper or electronic
format. The clerk shall attest to the
accuracy of the record.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 2003, 78th Leg.,
ch. 301, Sec. 4, eff. Sept. 1, 2003.
Sec. 81.004.
SEAL. (a) The commissioners court shall have a seal on
which is engraved:
(1) the words
"Commissioners Court, (name of county) County, Texas"; and
(2) a five-pointed
star or a design selected by the court and approved by the secretary of state.
(b) The clerk shall
keep the seal and use it to authenticate official acts of the court or its
presiding officer or clerk that require a seal for authentication.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 81.005. TERMS OF
COURT, MEETINGS. (a) At the last regular term of each fiscal year
of the county, the commissioners court by order shall designate a day of the
week on which the court shall convene in a regular term each month during the
next fiscal year. If the completion of
the court's business does not require a monthly term, the court need not hold
more than one term a quarter. A regular
term may continue for one week but may be adjourned earlier if the court's
business is completed.
(b) The county judge
or three county commissioners may call a special term of the court. A special term may continue until the court's
business is completed. A special term
may be held at a meeting place located in the county and outside the county
seat if:
(1) the commissioners
court agrees to meet in that location;
and
(2) the meeting place
is in a building providing public access that can accommodate the number of
persons expected to attend the meeting.
(c) Except as
provided by Subsections (b) and (f) of this section, the term shall be held at:
(1) the county seat
at the courthouse;
(2) an auxiliary
courthouse, courthouse annex, or another building in the county acquired by the
county under Chapter 292, 293, or 305 or another law, that houses county
administration offices or county or district courts, located inside the
municipal limits of the county seat;
(3) the regular
meeting place of another political subdivision if:
(A) the commissioners
court meets with the governing body of that political subdivision located
wholly or partly within the county; and
(B) the regular
meeting place of that political subdivision is in the county;
(4) a meeting place
in the county in a building owned by another political subdivision located
wholly or partly in the county if:
(A) the commissioners
court meets with the governing body of that political subdivision;
(B) the places where
the commissioners court and the governing body of the political subdivision
regularly hold their meetings are not large enough to accommodate the number of
persons expected to attend the meeting;
and
(C) the meeting place
in the building owned by the political subdivision is large enough to
accommodate the expected number of persons;
or
(5) a meeting place
in the county in a building owned by the county if:
(A) the place where
the commissioners court regularly holds its meetings is not large enough to
accommodate the number of persons expected to attend the meeting; and
(B) the meeting place
in the building owned by the county is large enough to accommodate the expected
number of persons.
(d) At the first
regular term of each calendar year, the commissioners court may select, on no
less than seven days notice, a new site at which terms are to be held during
that year pursuant to Subsection (c)(2).
(e) On initial
enactment of this legislation the county commissioners court may select a new
site pursuant to Subsection (c)(2) on seven days notice and passage at a
regular meeting of commissioners court.
(f) If the
commissioners court determines that in the interest of public safety the term
should be held at a site other than the site selected under Subsection (d), the
commissioners court may, after notice, hold a term at a different site as
determined by the commissioners court.
(g) Any business of
the commissioners court that is required by law to be conducted at a regular
term may also be conducted at any meeting of the court held on a day on which
the court routinely and periodically meets, regardless of whether the periodic
interval is weekly, monthly, quarterly, annually, or some other interval.
(h) The commissioners
court may designate a day of the week on which the court shall convene in a
regular term each month other than the day of the week designated under
Subsection (a).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 601,
Sec. 1, eff. June 14, 1989; Acts 1991,
72nd Leg., ch. 16, Sec. 19.01(33), eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 643, Sec. 1, eff.
Aug. 28, 1995; Acts 1997, 75th Leg., ch.
391, Sec. 1, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 62, Sec. 13.13, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 593, Sec. 1, eff.
June 11, 2001.
Sec. 81.006. QUORUM;
VOTE REQUIRED FOR TAX LEVY. (a) Three members of the commissioners court
constitute a quorum for conducting county business except the levying of a
county tax.
(b) A county tax may
be levied at any regularly scheduled meeting of the court when at least four
members of the court are present.
(c) A county may not
levy a tax unless at least three members of the court vote in favor of the
levy.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 81.007.
NOTICE. (a) If the commissioners court is unable to
obtain publication of a notice or report as required by law, the court may post
a copy of the notice or report at the courthouse door and post one copy at a
public place in each commissioner's precinct.
However, not more than one copy may be posted in the same municipality.
(b) Posting must
continue for the 30 days preceding the date the next court term begins.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. DUTIES AND POWERS
Sec. 81.021. CHANGE
IN PRECINCT BOUNDARIES. (a) A commissioners court that orders a change in
the boundaries of commissioner or justice precincts may specify in its order an
effective date of the change that is not later than January 1 following the
next general election. An election for
precinct office occurring after the date that the order is issued but before
the effective date of the change in boundaries shall be held in the precincts
as they will exist on that effective date.
A person who has resided in the area included in a new precinct for the
period required for eligibility to hold office is not made ineligible on the
ground that the precinct has not existed for that period.
(b) The term of
office of a commissioner, justice of the peace, or constable who holds office
at the time a change in precinct boundaries becomes effective is not affected
by the change, regardless of whether the change places the officer's residence
outside the precinct for which the officer was elected. The officer is entitled to serve for the
remainder of the term to which the officer was elected.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 81.022.
PROCESS. (a) The commissioners court shall issue the
notices, citations, writs, and process necessary for the proper execution of
its powers and duties and the enforcement of its jurisdiction. A notice, citation, writ, or process must:
(1) be in the name of
the "State of Texas";
(2) be directed to
the sheriff or a constable of a county;
(3) be dated and
signed officially by the clerk; and
(4) be impressed with
the court seal.
(b) Unless otherwise
provided by law, process must be executed before the fifth day before its
return date. The return date shall be
specified in the process.
(c) A subpoena for a
witness may be executed and returned immediately if necessary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 81.023.
CONTEMPT. The commissioners court
shall punish a person held in contempt by a fine of not more than $25 or by
confinement for not more than 24 hours.
A person fined under this section may be confined until the fine is
paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1,
1987. Renumbered from Sec. 81.024 by
Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
Sec. 81.024. DISTRICT
AND COUNTY COURT SEALS. The
commissioners court shall provide the seals required by law for district and
county courts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1,
1987. Renumbered from Sec. 81.025 by
Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
Sec. 81.025. COUNTY
RISK MANAGEMENT POOL COVERAGE INSTEAD OF BONDS.
(a) Instead of a bond required by
law to be executed by a county officer before taking office, the commissioners
court may authorize the officer to obtain coverage from a county government
risk management pool created under Chapter 119.
(b) Coverage obtained
under this section must:
(1) be in an amount
that is at least equal to the amount of the bond that would otherwise be
required by law;
(2) satisfy all other
conditions applicable to the bond; and
(3) be approved,
recorded, and filed in the manner required by law for the bond.
(c) An officer who
obtains coverage instead of a bond under this section satisfies the bond
requirements that are imposed on the individual by other law.
(d) To the extent of
a conflict between this section and other law, this section controls.
(e) This section does
not apply to coverage obtained under Section 43.002 or 44.002, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 439, Sec. 1, eff.
June 17, 2011.
Sec. 81.026.
COMMISSIONERS COURT MEMBERSHIP ON ASSOCIATIONS AND NONPROFIT
ORGANIZATIONS. A county judge or county
commissioner may serve on the governing body of or any committee serving an
association of counties created or operating pursuant to the provisions of
Section 89.002. A county judge or county
commissioner may serve as a member of any board of trustees or board of
directors or other governing body of any trust or other entity created pursuant
to interlocal contract for the purpose of forming or administering any
governmental pool, self-insurance pool, insurance pool, or any other fund or
joint endeavor created for the benefit of member counties and political
subdivisions. In addition, a county
judge or county commissioner may serve as a member of the board of directors of
any nonprofit corporation that is created and exists solely for the purpose of
providing administrative or other services to such trust or other entity. A county judge or county commissioner, acting
as a member of any such board or committee, may perform any act necessary or
appropriate for the rendition of such service, including the casting of votes
and deliberations concerning and execution of contracts or claims with or
against any county. A county judge or
commissioner may participate in deliberations concerning and cast any vote on
any matter before the commissioners court affecting the execution of any
contract with or the payment of claims, premiums, dues, or contributions to any
such trust, association, nonprofit corporation, or entity or any related
matter.
Added by Acts 1989, 71st Leg., ch. 1133, Sec. 1, eff. Aug.
28, 1989. Renumbered from Sec. 81.027
and amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(c), eff. Sept. 1, 1999.
Sec. 81.027. SUPPORT
OF PAUPERS. Each commissioners court may
provide for the support of paupers, residents of their county, who are unable
to support themselves.
Added by Acts 1993, 73rd Leg., ch. 1042, Sec. 1, eff. Sept.
1, 1993. Renumbered from Sec. 81.028 and
amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), 13.11(a), eff. Sept. 1,
1999.
Sec. 81.028.
DELEGATION OF DUTIES OF A COUNTY JUDGE IN COUNTIES WITH POPULATION OF
MORE THAN 1.5 MILLION. (a) This section applies exclusively to a county
judge in a county with a population of more than 1.5 million.
(b) A county judge
may file an order with the commissioners court of the county delegating to
another county officer or an employee of the county the ability to sign orders
or other official documents associated with the county judge's office. The delegating order shall clearly indicate
the types of orders or official documents that the officer or employee may sign
on behalf of the county judge.
(b-1) A county judge
may file a standing order of emergency delegation of authority that clearly
indicates the types of orders or official documents that the officer or
employee may sign on behalf of the county judge in the event of an emergency or
disaster.
(c) An order or
official document signed by a county officer or county employee acting under
the delegated authority of the county judge in accordance with this section has
the same effect as an order of the county judge.
(d) The county judge
may at any time revoke the delegated authority or transfer it to a different
county officer or county employee by filing an order with the commissioners
court of the county.
Added by Acts 1995, 74th Leg., ch. 143, Sec. 1, eff. Aug.
28, 1995. Renumbered from Sec. 81.029 by
Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1094, Sec. 13, eff. September 1,
2005.
Acts 2011, 82nd Leg., R.S., Ch. 1163, Sec. 65, eff.
September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163, Sec. 66, eff.
September 1, 2011.
Sec. 81.029.
DELEGATION OF DUTIES OF A COUNTY JUDGE IN CERTAIN COUNTIES. (a)
This section applies only to a county judge in a county that has a
population of more than 800,000 and is located on the international border.
(b) A county judge
may file an order with the commissioners court of the county delegating to a
county commissioner of the commissioners court the ability to sign orders or
other official documents associated with the county judge's office. The delegating order must clearly indicate
the types of orders or official documents that the county commissioner may sign
on behalf of the county judge.
(c) A county judge
may file a standing order of emergency delegation of authority that clearly indicates
the types of orders or official documents that the county commissioner may sign
on behalf of the county judge in the event of an emergency or disaster.
(d) An order or
official document signed by the county commissioner under the delegated authority
of the county judge under this section has the same effect as an order of the
county judge.
(e) The county judge
may at any time revoke the delegated authority or transfer the authority to a
different county commissioner by filing an order with the commissioners court.
Added by Acts 2009, 81st Leg., R.S., Ch. 708, Sec. 1, eff.
June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163, Sec. 67, eff.
September 1, 2011.
Sec. 81.030.
TESTIMONY BEFORE COMMISSIONERS COURT.
The commissioners court may require that testimony before the court be
given under oath. A person who makes a
false statement under oath is subject to prosecution under Section 37.02, Penal
Code.
Added by Acts 1997, 75th Leg., ch. 390, Sec. 1, eff. May 28,
1997. Renumbered from Sec. 81.031 by
Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
Sec. 81.032.
ACCEPTANCE OF DONATIONS AND BEQUESTS.
The commissioners court may accept a gift, grant, donation, bequest, or
devise of money or other property on behalf of the county for the purpose of
performing a function conferred by law on the county or a county officer.
Added by Acts 1999, 76th Leg., ch. 172, Sec. 1, eff. Aug.
30, 1999.
Sec. 81.033. POWER OF
COMMISSIONERS COURT IN COUNTY WITH NO INCORPORATED TERRITORY. (a)
This section applies only to a commissioners court of a county that has
a population of more than 5,000, is located within 100 miles of an
international boundary, and contains no incorporated territory of a
municipality.
(b) If approved at an
election held in the county for that purpose, the commissioners court has, in
addition to the powers given to it under this code or other law, all the powers
of the governing body of a Type A general-law municipality, including the
powers contained in Subtitle A, Title 7, except that:
(1) the commissioners
court may not regulate an activity outside the county;
(2) the commissioners
court may not regulate a tract of land that is appraised as agricultural or
open-space land by the appraisal district;
(3) the commissioners
court may not exercise the powers of a municipality under Chapter 211 or
213; and
(4) if this code or
other law provides for a procedure by which a county exercises a power, the
commissioners court must use that procedure.
(c) For an election
under this section, the ballot shall be prepared to permit voting for or
against the proposition: "Granting
(name of county) County the authority to enact ordinances in the same manner as
a general-law municipality."
(d) If a majority of
the votes cast at the election favor the proposition, the commissioners court
has the powers described by Subsection (b).
(e) If territory of
the county becomes incorporated in a municipality:
(1) in the area
outside the municipality and outside the municipality's extraterritorial
jurisdiction, the authority of the commissioners court to exercise a power
under this section:
(A) expires, on the
date of the incorporation, with regard to a subject on which the court has not
previously acted under this section; and
(B) continues with
regard to a subject on which the court has previously acted under this
section; and
(2) in the area in
the municipality or in the extraterritorial jurisdiction of the municipality,
the authority of the commissioners court to exercise a power under this section
expires on the 180th day after the date of the municipal incorporation.
(f) On receipt of a
petition signed by at least 10 percent of the county's registered voters, the
commissioners court shall call an election on the repeal of an order or
ordinance authorized by this section on the first uniform election date that
occurs after the 90th day after the date the petition is filed. The order or ordinance is repealed if a
majority of the votes cast at the election favor repeal. A petition requiring an election under this
subsection may not be filed sooner than the fifth anniversary of the date of an
election held under this subsection.
Added by Acts 2003, 78th Leg., ch. 1029, Sec. 1, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 797, Sec. 1, eff. June 15,
2007.
Sec. 81.034.
ELIGIBILITY OF COUNTY WITH NO INCORPORATED TERRITORY TO PARTICIPATE IN
MUNICIPAL ASSISTANCE PROGRAMS. A county
that contains no incorporated territory of a municipality is eligible to apply
on behalf of locations in the county that are census designated places as if
the places were municipalities for the purpose of participating in any federal
or state program that provides grants, loans, or other assistance to
municipalities.
Added by Acts 2007, 80th Leg., R.S., Ch. 314, Sec. 1, eff.
September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 331, Sec. 1, eff. September
1, 2009.
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