Gilmartin, John A.

Rothe, Joe M.

English

Texas A&M University

L-2259
Texas Agricultural Extension Service
county
Government
TOpics
POINTS OF COUNTY LAW
John A. Gilmartin and Joe M. Rothe *
ISSUE
NO.5
Counties are political subdivisions of the State
created by the State for governmental purposes. Their
functions are political and administrative, and powers
conferred upon them are duties imposed rather than
privileges granted. The State may use counties as
agents in the discharge of the State's functions and
duties.
The "county seat" is that town or city where county
government and the courthouse are located, where
courts are held and where county officers perform
their functions.
Each county is divided into four commissioner's
precincts. In each, qualified voters elect one County
Commissioner who holds office for 4 years. County
Commissioners, so chosen, with the County Judge as
presiding officer, compose the County Commissioners
Court. Member Commissioners when sitting as Com-
missioners Court are primarily representatives of the
whole county, not merely representatives of their
respective precincts.
*Extension coordinator and Extension specialist, respectively,
V.G. Young Institute of County Government, The Texas A&M
University System.
Commissioners Court
The Commissioners Court is the governing and
administrative body of the county. Despite its name,
a County Commissioners Court is not a purely judicial
entity. It is assigned tasks typically charged to ex-
ecutive or administrative departments, some that
would normally be considered legislative and a few
others that are judicial. Except in a few instances such
as the ability to punish contempts by fine, all powers
of a Commissioners Court are administrative or
legislative. Commissioners Courts, when acting
within the sphere of powers conferred upon them, are
acting as courts and their Judgments are entitled to
the same considerations as Judgments of other
constitutional courts. Legislative functions are negligi-
ble. All county ordinances must find their genesis in
specific legislative or constitutional language. Coun-
ties do not have general ordinance-making authority
as municipalities do.
The primary function of the Commissioners Court
is the administration of the business affairs of the
county.
Texas Agricultural Extension Service • Zerle L. Carpenter, Director • The Texas A&M University System • College Station, Texas
Functions of the Court
Powers of counties and Commissioners Courts are
limited to those activities specifically provided in the
State Constitution and statutes. Unless a particular
county action is explicitly authorized by the Texas
Constitution or a statute passed by the Legislature,
a county will not be allowed to exercise it.
The Commissioners Court sits in regular term at
the courthouse on the second Monday of each month
and may continue in session 1 week. The Court need
not hold more than one session per quarter if Court
business does not demand a session. Almost all Com-
missioners Courts meet on second Mondays; some
meet every Monday. Special and emergency meetings
may be called by the County Judge or three of the
Commissioners and held after proper notice.
Any three members of the Commissioners Court
constitute a quorum for the transaction of most coun-
ty business.
County Judge, County Clerk
The County Judge prepares the agenda for all
regular and special meetings of the Court. The Coun-
ty Clerk must post the agenda at least 72 hours
preceding the scheduled time for regular meetings.
In case of emergency or urgent public necessity,
which shall be expressed in the notice, it shall be suf-
ficient if the notice is posted 2 hours before the
meeting is convened. Where a meeting has been
called and proper notice published, additional sub-
jects may be added to the agenda for such meeting
by posting a Supplemental Notice in which the
necessity requiring consideration of such additional
subjects is expressed. It is sufficient if the Supple-
mental Notice is posted 2 hours before the meeting.
If news media have previously requested notification
of supplemental notices, they need to be telephoned
at least 2 hours before the meeting.
The County Judge, when present, must preside
over the Commissioners Court. In the County Judge's
absence the Commissioners present, if at least three,
select one among them to preside, and may transact
any business except that of levying a county tax which
requires at least four members to be present.
The County Clerk is the Ex-Officio Clerk of the
Commissioners Court and is the proper person to take
court minutes and attest to them.
The County Judge enjoys equal voting rights with
Commissioners, including the right to make or second
any motion and the right to vote whether there be
a tie among the votes of other Court members or not.
The County Judge or any member of the Commis-
sioners Court may, at his or her discretion, vote or
refrain from voting on any matter.
The county can act only through its Commissioners
Court. A Commissioners Court can act as a body on-
ly through its members. Individual members of the
Commissioners Court have no authority to bind the
county by separate actions. Verbal permission given
to persons by members of the Court, when formal
court action is required, is not an "act" of the Com-
missioners Court.
Open Meetings Law
The Open Meetings Law provides every regular,
special or called meeting of Commissioners Court is
open to the public. No closed or executive meetings,
for any of the purposes for which closed or executive
meetings are authorized, can be held unless the Com-
missioners Court has first convened in open meeting,
for which notice has been given, during which the
presiding officer has publicly announced that a closed
or executive meeting will be held. The presiding of-
ficer must identify the section of the Open Meetings
Law authorizing such closed or executive meeting. A
tape recording or certified agenda must be kept for
each meeting that is closed to the public except for
certain consultations as provided by law.
The Commissioners Court has the power to fill
vacancies in the office of County Judge, County
Clerk, combination County and District Clerk,
Sheriff, County Attorney, County Treasurer, Tax
Assessor-Collector, Justice of the Peace and Con-
stable. Vacancies are filled by a majority vote and the
person chosen holds office until the next general elec-
tion. Vacancies in the office of County Commissioner
are filled by the County Judge who appoints someone
living in that precinct where the vacancy occurs to
serve until the next general election.
The County Judge serves as budget officer for the
Commissioners Court in each county except those
having populations of 225,000 or more, in which case
the County Auditor serves as budget officer. Each July
(or April for counties on an October 1 fiscal year) the
budget officer, assisted by the County Auditor or
County Clerk, prepares a budget to cover all proposed
expenditures of county government for the succeeding
year. When completed by the budget officer, a copy
of the budget must be filed with the County Clerk.
The budget must be made available for inspection by
any taxpayer.
Educational programs conducted by the Texas Agricultural Extension Service serve people of all ages regardless of socioeconomic
level, race, color, sex, religion, handicap or national origin.
Issued in furtherance of Cooperative Extension Work in Agriculture and Home Economics, Acts of Congress of May 8, 1914, as amend-
ed, and June 30,1914, in cooperation with the United States Department of Agriculture. Zerle L. Carpenter, Director, Texas Agricultural
Extension Service, The Texas A&M University System.
5M-11-87, New PAt


Points of County Law.

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