2021
GUIDE TO TEXAS LAWS
FOR COUNTY OFFICIALS
TEXAS ASSOCIATION OF COUNTIES
1210 San Antonio Street, Austin, Texas 78701
Honorable Renee Couch
Comal County Treasurer & Association President
Susan M. Redford
Executive Director
PR
EPARED FOR THE ASSOCIATION BY:
DAVID B. BROOKS
P.O. BOX 12303, CAPITOL STATION
AUSTIN, TEXAS 78711
THIS PUBLICATION IS A RESEARCH TOOL AND NOT THE COUNSEL OF AN ATTORNEY. THIS
PUBLICATION IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. It is provided without warranty
of any kind and, as with any research tool, should be double checked against relevant statutes, case law, attorney
general opinions and advice of legal counsel e.g., your county attorney. Each public officer is responsible for
determining duties of the office or position held. Any question regarding such duties should be directed to
competent legal counsel for a written opinion.
© Copyright November 2021, Texas Association of Counties
iii
TABLE OF CONTENTS
I
NTRODUCTION
........................................................................................
1
COUNTY COMMISSIONERS COURT .........................................................
3
Overview .............................................................................................
4
1. Roads and Bridges .........................................................................
5
2. Personnel .......................................................................................
10
3. Offices, Boards and Commissions ................................................
15
4. Operating Facilities .......................................................................
16
5. Bonding Authority .........................................................................
20
6. Contracting Authority ....................................................................
24
7. Elections ........................................................................................
30
8. Regulatory Responsibilities ...........................................................
33
9. Fiscal Operation .............................................................................
39
10. Public Health and Welfare ............................................................
43
11. Administrative Duties ....................................................................
50
12. Judicial Responsibilities ................................................................
54
13. Public Works .................................................................................
56
14. Juveniles ........................................................................................
61
COUNTY JUDGE .......................................................................................
63
Overview .......................................................................................
64
1. Description of Office .....................................................................
65
2. Elections ........................................................................................
65
3. Financial Responsibilities ..............................................................
66
4. Personal Bonds and Sureties .........................................................
68
5. Administration of County Court ...................................................
68
6. Mental Health ................................................................................
69
7. Special Districts .............................................................................
70
8. General Administrative Duties ......................................................
71
iv
COUNTY TAX ASSESSOR-COLLECTOR ...................................................
73
Overview .......................................................................................
74
1. Description of Office .....................................................................
75
2. Calculation of Taxes ......................................................................
75
3. General Law Districts ....................................................................
77
4. Motor Vehicle Registration ...........................................................
77
5. Voter Registration .........................................................................
78
6. Taxing and Financial Responsibilities ..........................................
78
7. Operation of Office .......................................................................
79
8. Collection and Reporting of Taxes Collected ...............................
80
9. Tax Delinquency, Deferred Payments, Seizure of Property .........
81
10. Postappeal Administrative Procedures ..........................................
82
11. Miscellaneous ................................................................................
82
COUNTY CLERK .......................................................................................
84
Overview .......................................................................................
85
1. Description of Office .....................................................................
86
2. Elections ........................................................................................
86
3. Recording Duties ...........................................................................
88
4. Financial Records ..........................................................................
92
5. Administrative Duties ...................................................................
95
6. Miscellaneous ................................................................................
97
COUNTY TREASURER ..............................................................................
98
Overview .......................................................................................
99
1. Description of Office .....................................................................
100
2. Responsibility for Monies Collected .............................................
100
3. Disbursement of Funds ..................................................................
102
4. Recordkeeping and Reporting .......................................................
103
DISTRICT CLERK .....................................................................................
105
Overview .......................................................................................
106
1. Description of Office .....................................................................
107
2. Recordkeeping ...............................................................................
107
3. Financial Responsibility ................................................................
108
4. Administrative Duties ...................................................................
109
v
SHERIFF ...................................................................................................
111
Overview .......................................................................................
112
1. Description of Office .....................................................................
113
2. Law Enforcement and Judicial Policy ...........................................
114
3. Personnel Duties ............................................................................
116
4. State Agencies ...............................................................................
116
5. Fees, Compensation, and Financial Transactions .........................
117
6. Payment of Debts and Seizure of Property ...................................
119
7. General Welfare ............................................................................
120
8. Service of Process and Notices .....................................................
120
JUSTICE OF THE PEACE ...........................................................................
123
Overview .......................................................................................
124
1. Judicial Responsibilities ................................................................
125
2. Miscellaneous Judicial Duties .......................................................
127
3. Description of Office and Regulation of Justice Courts ...............
129
4. Financial Duties and Transactions ................................................
130
CONSTABLE .............................................................................................
132
Overview .......................................................................................
133
1. Description of Office .....................................................................
134
2. Service of Process .........................................................................
134
3. Law Enforcement Duties ...............................................................
136
4. Personnel Duties ............................................................................
137
5. State Agencies ...............................................................................
138
6. Recordkeeping, Compensation and Financial Transactions .........
139
COUNTY ATTORNEY ................................................................................
141
Overview .......................................................................................
142
1. Description of Office .....................................................................
143
2. Administrative and Advisory Duties .............................................
144
DISTRICT ATTORNEY ..............................................................................
147
Overview .......................................................................................
148
1. Description of Office .....................................................................
149
2. Administrative Duties ...................................................................
150
vi
COUNTY AUDITOR ...................................................................................
153
Overview .......................................................................................
154
1. Description of Office .....................................................................
155
2. Financial Operation of County Offices .........................................
155
3. Recordkeeping ...............................................................................
157
4. Supervision of Improvement Districts ..........................................
158
5. Miscellaneous Budget-related Duties ...........................................
158
COUNTY SURVEYOR ................................................................................
159
Overview .......................................................................................
160
1. Description of Office .....................................................................
161
2. Examination and Recording of Surveys and Records ...................
161
1
INTRODUCTION
PURPOSE OF THE GUIDE
The statutory duties and responsibilities of county government officials in Texas
are numerous. They range from mandatory requirements pertaining to essential
public functions to optional authority to carry out discretionary activities.
Responsibilities of county officials are found throughout the Texas Constitution,
Texas Revised Civil Statutes Annotated, and the various codes, including the
Local Government Code, Agriculture Code, Election Code, Government Code,
Natural Resources Code, Family Code, Tax Code, Parks and Wildlife Code, Water
Code, and Business and Commerce Code. Some applicable laws were enacted
before 1900. However, many statutory responsibilities have been added or
redefined during recent legislative sessions.
This guide is a compilation of current statutes affecting the administration and
operation of the principal county offices. While the compilation informs county
officials about the more important statutes affecting their offices, it is primarily
intended to provide them with a convenient reference source for questions
regarding the scope of their individual duties.
While most of the referenced statutes apply to officials of all counties, actual
county operations vary according to population, geographic location, and other
factors. For example, larger counties may provide a broader range of programs
pertaining to human resources and economic development. Also, counties along
the Gulf Coast have some powers not granted to other counties. Thus, county
officials in some counties have responsibilities that their counterparts in other
counties do not have.
FOCUS OF THE GUIDE
While this guide is comprehensive, it does not list every statute that may affect
county government. The document is intended primarily as a quick reference
guide for county officials. Its main focus is a description of the office and the
administrative duties associated with it. Therefore, the statutes included are those
directed at the particular county official, or which enunciate a distinct duty,
responsibility, or condition affecting the office. Financial, personnel, public
welfare, and ministerial responsibilities were emphasized. Statutes that were not
generally included were those pertaining to criminal law enforcement and the
judiciary. (An exception was made for the justice of the peace, since the main
duties of this officer are judicial in nature.) Therefore, statutory responsibilities and
laws affecting county offices listed in the Penal Code, Code of Criminal Procedure,
and Rules of Civil Procedure are generally not included.
2
Also, population bracket laws that apply only to counties in a specific population
category were generally not included.
For each office, the various duties were divided into general categories, indicated
by descriptive sentences. Then, categories were separated by subject groupings,
indicated by spacing. Similar statutes relating to different county officers were not
always located under the same category. Some categories were combined for the
sake of brevity. The approach was to identify a function or responsibility, not to
record the statute in total. Consequently, the statutes were summarized as briefly
as possible. Mandatory duties were summarized as briefly as possible.
Mandatory duties were indicated, wherever possible, by "shall" or "must."
Discretionary duties, or duties directed at more than one officer, were indicated by
"may." A short narrative description of each office precedes the listing of
responsibilities.
3
COUNTY COMMISSIONERS COURT
Overview .....................................................................................
4
1. Roads and Bridges ......................................................................
5
2. Personnel ....................................................................................
10
3. Offices, Boards and Commissions ..............................................
15
4. Operating Facilities .....................................................................
16
5. Bonding Authority ........................................................................
20
6. Contracting Authority ...................................................................
24
7. Elections ......................................................................................
30
8. Regulatory Responsibility ............................................................
33
9. Fiscal Operation ..........................................................................
39
10. Public Health and Welfare ...........................................................
43
11. Administrative Duties...................................................................
50
12. Judicial Responsibilities ..............................................................
54
13. Public Works ...............................................................................
56
14. Juveniles .....................................................................................
61
4
COUNTY COMMISSIONERS COURT
The commissioners court is the governing body of the county. The Texas
Constitution specifies that the courts consist of a county judge and four county
commissioners elected by the qualified voters of individual commissioners
precincts. The county judge is the presiding officer of the county commissioners
court. The court has the authority to divide the county into four individual
commissioners’ precincts. The court shall exercise powers over county business
as provided by law (Tex. Const. Art. V, Sec. 18).
Many state administrative responsibilities rest with the court as well as a growing
number of permissive authorities. The Local Government Code contains many of
the provisions that guide the commissioners court in carrying out its
responsibilities for the operation of county government. For example, the Code
covers the duties and authority of the commissioners court and other officers
related to financial management, public officers and employees, regulatory
matters, property acquisition, buildings, and many other areas of county affairs.
Another important statute concerning the commissioners court is Chapter 81 of the
Local Government Code, which sets out the following responsibilities and powers:
♦ Establish public ferries where required.
♦ Lay out and establish, change, and discontinue public roads.
♦ Build bridges and keep them in repair.
♦ Appoint road overseers and apportion hands.
♦ Exercise general control over all roads, highways, ferries, and bridges.
♦ Provide for the support of paupers.
♦ Provide for burial of paupers.
♦ Acquire property necessary to obtain a surface water supply or to transport
and deliver surface water.
Numerous other statutes augment the above grants of authority. To provide an
index to the multiplicity of activities of the county commissioners court, the
following compilation of statutes summarizes general responsibilities and lists
statutory authorizations for each function of the court.
5
COUNTY COMMISSIONERS COURT
AUTHORITY
1. ROADS AND BRIDGES
A major area of responsibility for the county
commissioners court is construction and maintenance
of roads and bridges in the county that are not part of
the state highway system. More than 50 counties have
their own road and bridge acts, which control when in
conflict with general law. When these acts are silent
on a subject, then the general law is effective.
Local Government Code
Shall require a plat to be prepared prior to subdivision
of land;
Sec. 232.001
May specify road construction for subdivisions;
Sec. 232.003
May require a bond from the owner of the tract to be
subdivided;
Sec. 232.004
Approve or refuse to approve plats;
Sec. 232.002
May approve subdivisions in accordance with planned
future transportation corridors;
Sec. 232.0033
May file an action to enforce subdivision requirements;
Sec. 232.005
Permit revisions or cancellation of a subdivision;
Secs. 232.008; 232.009
May approve amendment of subdivision plats to
correct errors;
Sec. 232.011
Must provide for uniformity in permit requirements for
approval of subdivision plats;
Sec. 245.001 et seq.
Authority to collect a fee for excavating or cutting the
surface of a county road;
Sec. 240.907
Counties with national forest situation may set aside 50
percent of national forest funds received for benefit of
public road system in county;
Sec. 130.906
Government Code
May issue bonds for certain purposes (including jails
and courthouses, to purchase and construct bridges for
public purposes and to improve and maintain public
roads);
Sec. 1301.001
Observe statutory limits on bond issues including
overall limit of 5 percent of tax base;
Sec. 1301.003
May enter into interlocal agreements with cities to
construct and maintain city streets and alleys;
Sec. 791.032
6
COUNTY COMMISSIONERS COURT
AUTHORITY
1. ROADS AND BRIDGES, continued
Government Code
May issue road and turnpike bonds and assess taxes
to create sinking fund for debt retirement and pay
interest, not to exceed 1/4 assessed valuation of real
property;
Sec. 1471.011
May call bond election for road and turnpike bonds;
Sec. 1471.015
Transportation Code
Specified powers of court include general control over
all roads, highways, and bridges;
Sec. 251.016
Must report to comptroller, through county auditor,
annually stating total road and bridge expenditures
made for construction and maintenance;
Sec. 256.009
Adoption of county road map indicating public interest
in roadways;
Chapter 258
Repair and replacement of cattle guards on county
roads;
Sec. 251.0095
Creation of freight rail districts;
Chapter 171
Creation and participation in regional mobility
authorities;
Chapter 370
Authority of county commissioner to remove personal
property from county road right-of-way;
Sec. 280.002
Creation and participation in coordinated county
transportation authorities;
Chapter 460
May finance city streets with approval of the city;
Sec. 251.012
May accept donations for building or keeping up roads;
Sec. 252.109
May improve subdivision roads and assess property
owners;
Sec. 253.001 et seq.
Commissioners shall be ex-officio road commissioners
of their respective precincts if adopted by an order of
the commissioners court; must post bond with county
judge;
Sec. 252.001 et seq.
Adopt system for laying out, draining, and repairing
public roads;
Sec. 252.005
Creation of county mass transit authority;
Chapter 457
Creation and participation in rural and urban transit
districts;
Chapter 458
Road district toll roads;
Chapter 365
Regulation of sight distances on county roads;
Chapter 255
7
COUNTY COMMISSIONERS COURT
AUTHORITY
1. ROADS AND BRIDGES, continued
Transportation Code
Make and enforce all reasonable and necessary rules
and orders for the construction and maintenance of
public roads;
Sec. 251.003
May accept donations of labor, money, and property
for construction and maintenance of county roads;
Sec. 252.314
Establish road connecting land to road system
(neighborhood road);
Sec. 251.053
Request advice on plans or specifications for road
construction from Texas Department of Transportation
(TxDOT);
Sec. 201.803
Acquire right-of-way as requested by TxDOT;
Sec. 224.002
May condemn right-of way or materials at request of
and for use of the TxDOT;
Sec. 224.003
Select and maintain detour roads when county roads
not part of the state system of highways are under
construction;
Sec. 251.011
May allow use of county road for civic events;
Sec. 251.158
May forbid use of certain highways under certain
conditions;
Sec. 201.901
May provide for the removal of unauthorized signs
placed on public road right-of-way and impose civil
penalty;
Chapters 392, 393
May assume jurisdiction over roads of the state
highway system;
Sec. 224.033
May establish road districts;
Sec. 257.021
May abolish road districts;
Sec. 257.022
Each commissioner in charge of a road district or
precinct has power to contract up to $50;
Sec. 257.002
Counties or portions of counties may join together to
form road districts and issue bonds for road
construction, maintenance, and operation;
Sec. 257.112
May give memorial designations to parts of highway
system; may erect markers with approval of the
TxDOT;
Sec. 225.002 et seq.
May apply county traffic regulations to public road
within special district;
Sec. 251.151
8
COUNTY COMMISSIONERS COURT
AUTHORITY
1. ROADS AND BRIDGES, continued
Transportation Code
May direct condemnation proceedings within
municipalities for land necessary to county road
system or link to state highway;
Sec. 251.101
Must record a public interest in a private road;
Sec. 281.005
Oversee expenditure of road fund;
Sec. 252.108
May employ not more than four road commissioners;
Sec. 252.103
Let contracts for road work;
Sec. 252.213
Provide for convicts working on county roads;
Sec. 252.005
Upon approval of county road system by voters, may
appoint county road engineer to be responsible for
efficient and economical construction and maintenance
of county roads;
Sec. 252.301
Appoint road superintendent and fix salary;
Sec. 252.203
Contribute to TxDOT for proper development and
construction of public roads;
Sec. 222.052
Participation in coordinated county transportation
authority;
Chapter 460
May cooperate with TxDOT for planning transportation
corridors within county;
Sec. 201.619
May not use money from lateral road account for
unauthorized purposes;
Sec. 256.008
Use any necessary material most convenient to build,
repair, or maintain public roads; regardless of the
location or extent of the material; may condemn road
materials to be used if agreement for payment is not
reached;
Sec. 251.006
May accept donations of money, land, labor,
equipment, or any other kind of property or material to
aid in building or maintaining roads;
Sec. 252.109
Purchase or hire necessary road machinery, tools,
implements, teams, etc., for road work;
Sec. 252.212
Allow use of county road equipment for other
governmental entities at a cost not exceeding $15,000;
Sec. 251.015
Power and authority to cause all necessary bridges to
be built and kept in repair;
Sec. 251.081
May contract for building a toll bridge, where
inexpedient for county to do so, and set toll to be paid
by users for ten years and arrange with builder for
upkeep;
Sec. 363.002
9
COUNTY COMMISSIONERS COURT
AUTHORITY
1. ROADS AND BRIDGES, continued
Transportation Code
Adjoining counties may agree to erect bridges over
streams between counties;
Sec. 251.082
May erect bridges in city limits or cooperate with city in
erecting bridge;
Sec. 251.083
Shall keep bridges erected in city limits in good repair;
Sec. 251.083
May provide for construction and maintenance of
adequate drainage for public roads;
Sec. 254.001 et seq.
May extend traffic rules to roads of private subdivisions
and counties with a population of 500,000 or less;
Sec. 542.007
Order that public roads be laid out, opened,
discontinued, or altered when necessary;
Sec. 251.051
Allow 20 days for public notice before responding to
petition for new road or change on old road;
Sec. 251.052
Shall classify all public roads in their counties;
Sec. 251.007
May provide for the naming of county roads and the
assigning of address numbers;
Sec. 251.013
May adopt standards and specification for residential
street number signs;
Sec. 251.013
May authorize and construct cattle guards on public
roads;
Sec. 251.009
May remove cattle guards upon notice to property
owners;
Sec. 251.0096
May approve gates across third class and
neighborhood roads;
Sec. 251.010(e)
May authorize any person to make drain along public
road for drainage of land;
Sec. 254.001 et seq.
May regulate the sight distance at county road
intersections;
Sec. 255.002
May in certain counties regulate roadside vendors,
including sale of live animals, along public roads and
parking lots;
Sec. 285.001
May authorize bonds for causeways, bridges, tunnels,
turnpikes, or highways in Gulf Coast counties (bracket
legislation);
Sec. 284.001 et seq.
May grant franchise to private persons or cooperatives
for construction, maintenance, and operations of toll
underpass or tunnel under bodies of water (bracket
legislation for causeways, bridges, tunnels, in Gulf
Coast counties);
Sec. 282.001 et seq.
Sec. 283.001 et seq.
10
COUNTY COMMISSIONERS COURT
AUTHORITY
1. ROADS AND BRIDGES, continued
Transportation Code
May assess and collect tolls on bridges for which
county bonds issued and may create sinking fund;
Sec. 284.069
Counties bordering on river between Texas and
Mexico may acquire existing bridges under specified
conditions;
Sec. 364.001 et seq.
May in certain counties install street lighting on county
roads within a subdivision;
Sec. 280.003
Permits for oversized and overweight vehicles;
Sec. 623.018
May restrict use of county roads and provide alternate
route;
Secs. 251.157; 251.1575
Health & Safety
May dispose of carcasses of animals killed on county
roadways by burying on county property;
Sec. 361.117
Parks & Wildlife Code
May use marl, sand, gravel, shell, or mudshell on
roads;
Sec. 86.013
Utilities Code
Authority of gas utilities to use public rights-of-way;
Sec. 181.021 et seq.
Right of electric utilities to use public rights-of-way;
Sec. 181.041 et seq.
Rights of cable television utilities to use public rights-
of-way;
Sec. 181.101 et seq.
Agriculture Code
May use county road equipment for soil conservation
purposes.
Sec. 201.151
2. PERSONNEL
Commissioners may appoint certain officials to handle
other personnel-related duties.
Local Government Code
Appoint county librarian;
Sec. 323.005
11
COUNTY COMMISSIONERS COURT
DUTY/RESPONSIBILITY
AUTHORITY
2. PERSONNEL, continued
Local Government Code
May fill vacancies in the office of county judge, county
clerk, district and county clerk, sheriff, county attorney,
county treasurer, county surveyor, county tax assessor-
collector, justice of the peace and constable;
Sec. 87.041
Provide for secretarial personnel;
Sec. 151.901
Authorize county and district officers to appoint
deputies and assistants and set salaries;
Secs. 151.001-151.004
Appoint fire marshal;
Sec. 352.011
May employ accountant for independent audit;
Sec. 115.031
Supervise employees necessary to repair, maintain,
and operate courthouses in counties over 500,000 with
the exception of those supervised by sheriff;
Sec. 291.005
May create civil service commission in counties over
190,000 after authorization by the voters;
Sec. 158.001 et seq.
May arrange with one or more other counties to jointly
employ and compensate one or more special auditors
in counties with population less than 25,000;
Sec. 115.042
May specify reasons for needing auditor to district judge
in order for him to appoint one in county with population
less than 10,200;
Sec. 84.002
The commissioners court of two or more counties may
agree to jointly employ and compensate a county
auditor;
Sec. 84.008
Approve bonds of county clerk; establish self-insurance
in lieu of bond;
Sec. 82.001
May authorize appointment of reserve deputy sheriffs or
deputy constables and compensate as provided by law;
Secs. 85.004; 86.012
Grievance procedures for county employees in counties
with a population of 3.3 million;
Chapter 160
Approve hiring by sheriff of additional guards;
Sec. 85.005
Authorize constable to hire deputies;
Sec. 86.011
Shall appropriate and cause to be paid salaries for
assistants to the auditor approved by district judge;
Sec. 84.021
Reimburse auditor for mileage traveling to and from
county seat;
Sec. 152.035
12
COUNTY COMMISSIONERS COURT
DUTY/RESPONSIBILITY
AUTHORITY
PERSONNEL, continued
Local Government Code
The commissioners court of a county shall set the
amount of compensation, office and travel expenses,
and all other allowances for county and precinct offices
and employees who are paid wholly from county funds;
Sec. 152.011
May adopt uniform rules on overtime compensation
and compensatory time for county employees whose
salaries are approved by commissioners court in
counties of 355,000 population;
Sec. 157.021
Minimum amounts of salary defined;
Sec. 152.012
Commissioners court shall set the salary, expenses,
and other allowances of elected county or precinct
officers;
Sec. 152.013
Conduct public hearing before payments in excess of
compensation authorized under contract for county
employees;
Sec. 180.007
Compliance with financial disclosure requirements;
Chapter 159
Compliance with conflicts of interest statute;
Chapter 171
May authorize payment of reasonable travel expenses
of certain persons conducting county business;
Sec. 152.901
May authorize payment of expenses incurred by
county and precinct officials for continuing education
programs;
Sec.152.907
May provide employee insurance pursuant to the
Texas Political Subdivision Employees Uniform Group
Benefits Act;
Chapter 172
May provide hospitalization insurance to a county
official, deputy, assistant, or other county employee;
Sec. 157.001
May indemnify county officials against personal liability
for loss of funds or damage to property;
Sec. 157.903
May obtain insurance and other coverage for county
officials and employees, in addition to the district
attorney and officials of special districts by participation
in a governmental pool or self insurance fund;
Sec. 157.043
May provide for reasonable accomodations for
employees partially physically restricted by pregnancy;
Sec. 180.004
13
COUNTY COMMISSIONERS COURT
AUTHORITY
2. PERSONNEL, continued
Local Government Code
May provide for medical care and hospitalization and
may provide for compensation, accident, hospital, and
disability insurance for certain persons if salaries are
paid from county funds or flood control district in such
county;
Sec. 157.002
In county with population of 355,000 or more may
adopt uniform rules on the hours of work of department
heads, assistants, deputies, and other employees;
Sec. 157.021
May provide pay for services of interpreters employed
by the district courts, does not apply to interpreters for
deaf persons;
Sec. 152.903
May authorize payroll deductions for credit union
membership, dues in labor union or other bona fide
employees association, payments to a charitable
organization, or payment of fees for parking in a county
owned facility;
Sec. 155.001
May provide liability insurance for some or all county
officers and employees;
Sec. 157.041
Set fees for services of sheriffs and constables;
Sec. 118.131
Approve bond for sheriff;
Sec. 85.001
Approve amount of bond to be made by county
treasurer;
Sec. 83.002
Designation of county purchasing agents;
Sec. 262.011 et seq.
Continuing education requirements for commissioners;
Sec. 81.0025
Acceptance of gifts by the county;
Sec. 81.032
Authority to permit county and precinct officials to
collect fees and other charges by credit card;
Sec. 132.001 et seq.
Prohibition of influencing the appointment of deputies
and assistants for other offices;
Sec. 151.004
Group health insurance for county employees;
Sec. 157.101 et seq.
Assessment of subdivision plat application fee to cover
cost of inspecting roads and drainage;
Sec. 232.0021
Approve amount of bond to be made by county
constable;
Secs. 86.002; 86.003
Authorize self-insurance coverage in lieu of official
bonds for county officers and employees;
Sec. 88.008
14
COUNTY COMMISSIONERS COURT
AUTHORITY
2. PERSONNEL, continued
Transportation Code
May employ not more than four road commissioners;
Sec. 252.103
May appoint road superintendent and fix salary;
Sec. 252.203
May, with approval of voters, appoint county road
engineer to be responsible for efficient and economical
construction and maintenance of county roads;
Sec. 252.301 et seq.
Provide for convicts working on county roads;
Sec. 252.005
May in conjunction with sheriff employ deputies as
county traffic officers to enforce highway laws of state;
set salaries;
Sec. 701.001 et seq.
Government Code
May not retaliate against county employees reporting a
violation of the law under Whistleblower Act;
Chapter 554
Texas County and District Retirement System;
Chapter 841 et seq.
Prevailing wage rate law;
Chapter 2258
Access to criminal history information for applicants,
employees, contractors, and volunteers;
Chapter 411
Designation of emergency liaison officers;
Sec. 418.105
Veteran’s employment preferences;
Chapter 657
Restoration to former job for employees called up for
military service;
Sec. 437.202(d)
Eight-hour workday for public employees laboring on
public works;
Sec. 605.001
Reimbursement for hotel and meal expenses pursuant
to guidelines adopted by Texas Ethics Commission;
Sec. 611.001
Right to work law, regardless of labor organization
membership;
Sec. 617.004
May obtain criminal history record information for
applicants for county employment;
Sec. 411.1295
Contracts for professional and consulting services;
Chapter 2254
Identify county employees required to take state
certified cybersecurity training program;
Sec. 2054.5191
Prohibition of public money paid to settle a sexual
harassment claim against county official or employee;
Chapter 576
Health and Safety Code
May appoint board of managers for a county hospital;
Sec. 263.041
Human Resources Code
May fix salaries for members of juvenile board;
Chapter 152
15
COUNTY COMMISSIONERS COURT
AUTHORITY
2. PERSONNEL, continued
Election Code
May authorize county clerk rather than tax assessor-
collector to register voters;
Sec. 12.031
Appoint election judges;
Sec. 32.002
Labor Code
May contract with Texas Workforce Commission for
employment services;
Sec. 307.002
Observance of antidiscrimination laws;
Chapter 21
Civil Practice and
Remedies Code
Prohibition of discrimination based on race, religion,
sex, color, or national origin;
Chapter 106
Personal liability of public servants limited to $100,000.
Chapter 108
3. OFFICES, BOARDS, AND COMMISSIONS
Commissioners create offices, boards, and
commissions to carry out certain purposes.
Local Government Code
May set up office of county fire marshal;
Sec. 352.011
In counties over 5,000 may establish board of park
commissioners to oversee parks;
Sec. 320.001 et seq.
Implementation of County Building Authority Act in
counties with a population of 600,000 or more;
Chapter 293
May appoint county historical commission;
Sec. 318.002
May create county industrial commission;
Sec. 381.001
Health and Safety Code
May create county hospital authority;
Chapter 264
May establish hospital district in counties of 75,000 or
less;
Chapter 282
Optional process to establish hospital district;
Chapter 283
May establish mosquito control district;
Chapter 344
May appoint a health authority;
Chapter 121
Agriculture Code
May establish noxious weed control district;
Sec. 78.011 et seq.
May establish agricultural experiment farm and station;
Sec. 43.002
16
COUNTY COMMISSIONERS COURT
AUTHORITY
3. OFFICES, BOARDS, AND COMMISSIONS (cont.)
Natural Resources Code
In counties bordering Gulf of Mexico, may create
Beach Park Board of Trustees to improve, equip,
finance, maintain, and operate public parks;
Chapter 62
Code of Criminal
Procedure
May establish personal bond office;
Art. 17.42
Tax Code
Selection of appraisal district representation.
Sec. 6.01 et seq.
Government Code
Compliance with cybersecurity training for elected and
appointed officials, as well as county employees.
Secs. 772.012; 2054.5191
4. OPERATING FACILITIES
Commissioners court is also responsible for providing
buildings for use as offices and other operating
facilities for the county.
Local Government Code
Sale of county real estate;
Sec. 263.001
Provide courthouse and county offices at county seat;
Sec. 291.001
In counties with cities outside the county seat larger
than 5,000, may establish branch offices for tax
assessor-collector;
Sec. 292.024
May maintain branch courthouse outside of county
seat in counties under 30,000 population;
Sec. 292.0231
May provide branch offices in cities other than county
seat when county over 110,000 with cities outside
county seat of 10,000;
Sec. 292.022
May provide auxiliary courthouse and facilities away
from county seat;
Sec. 292.002
May provide buildings or offices other than courthouse
for courts and public business;
Sec. 292.001
17
COUNTY COMMISSIONERS COURT
AUTHORITY
4. OPERATING FACILITIES, continued
Local Government Code
May acquire as a gift certain real estate;
Sec. 280.002
May lease land acquired for airport;
Sec. 263.051
May lease land acquired from the federal government;
Sec. 263.052
Have managerial control over use and operation of
buildings used for exhibits and coliseums and
auditoriums;
Secs. 319.002-319.004
May rent or provide office space for agencies of federal
government engaged in unemployment assistance;
Sec. 272.003
May sell land, building facilities, and lease back in
counties over 250,000;
Sec. 263.053
Provide safe, suitable jails;
Sec. 351.001
Provide offices, office supplies, furniture, automobiles,
as necessary for county officials;
Sec. 152.011
May exercise right of eminent domain for public
purposes;
Secs. 261.001-261.003
May arrange for lease of contiguous city-county land
for park purposes;
Sec. 331.008
May operate and maintain parks;
Sec. 331.001
Enforcement of public camping bans;
Chapter 364
May establish and operate island parks in counties
bordering on the Gulf of Mexico;
Sec. 321.001
May operate or lease parking garage near courthouse
in counties over 150,000;
Sec. 615.003
Counties on state line may contract outside state for
justice centers;
Sec. 361.021 et seq.
May create building authority to provide courthouse
(counties over 600,000 after authorization by election);
Sec. 293.001 et seq.
May enter into joint agreement for construction,
ownership, and maintenance of buildings, especially
the jail, where there is an incorporated city having a
population of not less than 2,000 located more than 10
miles away;
Sec. 305.001
May acquire, construct, reconstruct, or remodel
buildings to accomplish public purpose;
Sec. 292.001
May own, construct, equip, enlarge, and maintain
building or buildings as criminal justice centers;
Sec. 361.002
May acquire real property, easements, and right-of-
way in connection with flood control activities;
Sec. 561.001
COUNTY COMMISSIONERS COURT
18
AUTHORITY
4. OPERATING FACILITIES, continued
Local Government Code
May acquire land and buildings for parks, playgrounds,
historical museums and sites;
Sec. 331.001
May purchase and install public platform tonnage
scales to weigh livestock, produce, agricultural, or
other products;
Sec. 270.003
Auxiliary county buildings within five miles of county
seat for counties with a population of 18,000 or less;
Sec. 292.0025
Selection of county depository;
Chapters 116, 117
45-day time period for issuance of county building
permits in counties of 3.3 million
Sec. 233.901
May acquire land for and purchase, construct, repair,
equip, and other permanent improvements for county
library purposes;
Sec. 323.051 et seq.
May provide for the creation of a public facility
corporation;
Sec. 303.001 et seq.
Counties bordering on the Gulf of Mexico may
establish, construct, maintain seawalls (procedures
specified);
Sec. 571.001 et seq.
Penal Code
Prohibition of public camping by homeless individuals;
Sec. 48.05
Government Code
Counties with a city of 275,000 may issue bonds to
erect public health administration buildings and acquire
sites and equipment;
Sec. 1473.171 et seq.
May issue bonds in order to construct and maintain
facilities for irrigation purposes;
Sec. 1474.001
May own, construct reservoirs, dams, levees, wells,
canals, and other improvements, acquire right-of-way;
Sec. 1474.151
May exercise eminent domain to carry out navigation
projects;
Sec. 1475.002
May operate parking facilities near coliseums and
auditoriums in counties over 1,000,000;
Sec.1473.261 et seq.
May acquire a natural gas system for courthouses and
other buildings in certain counties;
Sec. 1477.101 et seq.
Must give six months notice to Texas Historical
Commission before sale, lease, or damage of the
historical or architectural integrity of courthouse;
Sec. 442.008
Authorize county participation in state-wide technology
center;
Sec. 2054.3851
19
COUNTY COMMISSIONERS COURT
AUTHORITY
4. OPERATING FACILITIES, continued
Health and Safety Code
Lease county hospital;
Sec. 263.029
Sell and lease back land, buildings, equipment, etc., for
hospital district purposes;
Sec. 281.052
May establish hospital and other health facilities;
Sec. 263.021
May contract with cities for establishment and
maintenance of hospital;
Sec. 265.002
Provide separate facilities for treatment of tuberculosis;
Sec. 263.023
May acquire land on which to locate public dumping
and garbage disposal grounds through use of general
fund; right of eminent domain for this purpose;
Sec. 364.014
Comply with building requirements for fire escapes;
Sec. 791.002
Two or more counties may join together to establish a
hospital;
Sec. 263.001
May operate solid waste facilities;
Sec. 361.151
Property Code
Exemption of county property from attachment,
execution, forced sales, judgment liens;
Sec. 43.002
Agriculture Code
Provide supplies and improvements for agricultural
experiment station and farm;
Sec. 43.010
May establish and maintain an agricultural experiment
station and farm;
Sec. 43.002
May acquire property for agricultural experiment farm
and station through donation as close to county seat as
possible;
Secs. 43.007; 43.008
Local Government Code
May allow digital message displays of county
information and news in county buildings, with
advertising;
Sec. 291.011
Natural Resources Code
Rent for surveyor's office outside courthouse to be paid
by commissioners court.
Sec. 23.016
C
OUNTY COMMISSIONERS COURT
20
AUTHORITY
5. BONDING AUTHORITY
In order to carry out certain responsibilities, the
commissioners court is authorized to issue bonds for
certain purposes. Commissioners also responsible for
management of debt incurred by the sale of such
bonds.
Local Government Code
May issue revenue bonds in connection with county
parks;
Sec. 320.071
May issue bonds to finance construction of seawalls;
Sec. 571.006
May issue bonds for acquisition of land and buildings
for parks, playgrounds, and historical museums;
Sec. 331.004
Counties over 600,000--building authority may issue
bonds to provide courthouse;
Sec. 293.051
Provisions for issuing certificates of obligation;
Sec. 271.041 et seq.
Government Code
May issue bonds for the following purposes: To erect,
restore, or maintain county courthouse and jail; to
purchase land/buildings for homes for dependent and
delinquent boys and girls; to establish county facilities
for needy or indigent in the county; to purchase and
construct bridges for public purposes; to improve and
maintain public roads;
Sec. 1301.001(a)
Authorize and issue bonds approved by voters;
Sec. 1301.001(b)
May levy tax to create sinking funds to retire bonds
issued; any surplus to be used for maintaining and
repairing courthouse jail, roads, and bridges;
Sec. 1301.004
May issue refunding bonds in lieu of bonds legally
issued;
Sec. 1207.001 et seq.
May issue road and turnpike bonds and assess taxes
to create sinking fund for debt retirement and pay
interest, not to exceed 1/4 assessed valuation of real
property;
Sec. 1471.001 et seq.
May levy taxes to meet bond obligations;
Sec. 1251.004
May issue navigation bonds;
Sec. 1475.003
Bonds by coastal counties may be issued for canal
purposes;
Sec. 1475.051 et seq.
Issue bonds for irrigation;
Sec. 1474.001
May issue notes or bonds for repairs caused by
irrigation damage;
Sec. 1474.003
21
COUNTY COMMISSIONERS COURT
AUTHORITY
5. BONDING AUTHORITY, continued
Government Code
May exchange bonds for property or in payment of
contracted irrigation work to be done;
Sec. 1474.104
May issue revenue bonds to acquire and operate
sports center (counties over 1.3 million);
Sec. 1432.001 et seq.
May issue bonds to acquire manufacturing or
commercial facilities;
Sec. 1477.001 et seq.
May issue certificates of indebtedness for construction
and operation of firefighter training facilities;
Sec. 1477.201 et seq.
May issue public securities in any denomination;
Sec. 1201.021
May issue bonds to pay for surveys, plats and maps,
and assess tax to finance (counties over 500,000);
Sec. 1477.252
May issue revenue bonds if authorized in election to
finance acquisition of water;
Sec. 1477.051 et seq.
May issue bonds or time warrants to finance
acquisition of fire-fighting equipment;
Sec. 1477.151 et seq.
Counties with a city over 275,000 may issue bonds to
erect public health administration buildings and acquire
sites and equipment;
Sec. 1473.171 et seq.
Counties over 1.5 million may issue bonds and levy
taxes for acquisition/construction of county workhouses
and farms for prisoners;
Sec. 1473.191 et seq.
Counties over 1.5 million may issue certificates of
indebtedness for acquiring, constructing, and repairing
crime detention facilities;
Sec. 1473.231 et seq.
Approve road district bonds;
Sec. 1471.001
May fix period of maturity for bonds not to exceed 40
years and may redeem;
Sec. 1201.021 et seq.
Observe statutory limits of issues for specific type
bonds, courthouse bonds, jail bonds, bridge bonds,
and for purposes specified;
Sec. 1301.003
May invest sinking fund in specified securities with
maturity dates no later than due date of bond
redemption; road bonds
Sec. 1471.026
Interest on investments accrues to sinking fund;
Sec. 1471.026
May call bond election for road and turnpike bonds
(procedures);
Sec. 1471.015
Issue bonds upon approval of 2/3 of voters;
Sec. 1471.019
22
COUNTY COMMISSIONERS COURT
AUTHORITY
5. BONDING AUTHORITY, continued
Government Code
Retain custody of bonds until sold to highest bidder
and place purchase price in county treasury to credit of
road fund;
Sec. 1471.023
Upon petition of voters may call election to determine
issuance of compensation bonds;
Sec. 1471.082
Observe statutory procedures set out for exchange of
bonds between district and county;
Sec. 1471.083
May issue bonds not to exceed 1/4 of assessed
valuation of real property in order to construct/maintain
facilities for reclamation and irrigation purposes; may
levy and collect taxes to retire bonds and create
sinking fund;
Sec. 1474.001 et seq.
Observe statutory procedures for issuance, form, and
requisites of compensation bonds;
Sec. 1471.084
May hold election on repurchase and cancellation of
bonds sold but proceeds unexpended;
Sec. 1471.029
May issue refunding bonds, procedure;
Sec. 1207.001 et seq.
May hold election and order for issuances of navigation
bonds;
Sec. 1475.004
Election required to issue bonds;
Sec. 1251.001
Set maturity dates (30-year limit) for road bonds;
Sec. 1471.021
Must include tax levy when submitting bond issue to
voters;
Sec. 1251.004
Post time and place of bond election and publish in
newspaper;
Sec. 1251.003
May provide for levy and collection of tax to pay annual
interest on bonds and provide sinking fund;
Sec. 1251.004
May obtain declaratory judgment concerning validity of
issuance of securities;
Sec. 1205.001 et seq.
Procedures for bond issue to refund outstanding
causeway revenue bonds;
Sec. 1472.001 et seq.
County bonds, generally;
Chapter 1301
Issuance of anticipation notes;
Sec. 1431.001 et seq.
Issuance of revenue anticipation notes in certain
counties;
Sec. 1477.351 et seq.
Issuance of bonds for athletic and sports centers;
Sec. 1432.001 et seq.
Issuance of higher education improvement bonds;
Chapter 1434
Issuance of bonds for parks and fairground facilities;
Chapter 1435
23
COUNTY COMMISSIONERS COURT
AUTHORITY
5. BONDING AUTHORITY, continued
Government Code
Issuance of bonds for fire fighting equipment;
Sec. 1477.151 et seq.
Issuance of bonds for county water supply;
Sec. 1477.051 et seq.
Payment of interest on county bonds;
Sec. 1301.004
Economic development bonds;
Sec. 1433.001 et seq.
May call election on cancellation or revocation of
authority to issue bonds and refund bonds;
Sec. 1252.001 et seq.
May refund outstanding debt if approved by attorney
general;
Sec. 1207.001 et seq.
Issuance of bonds for county buildings;
Chapter 1473
Issuance of private activity bonds;
Sec. 1372.001 et seq.
Issuance of bonds for employment, industrial, and
health resources purposes;
Chapter 1433
Public Funds Investment Act;
Chapter 2256
Filing of official bonds;
Sec. 604.001
Surety requirements of official bonds;
Sec. 604.002
Person aggrieved entitled to payments under official
bonds;
Sec. 604.006
May issue bonds to purchase or otherwise acquire a
public library building;
Sec. 1473.001 et seq.
Vernon’s Revised Civil
Statutes
Federal farm loan bonds as lawful investments;
Art. 842
Federal and state securities as lawful investments;
Arts. 842a; 842a-1
Transportation Code
Counties or portions of counties may join together to
form road districts and issue bonds for road
construction, maintenance, and operation—can levy
tax to pay road district bonds;
Sec. 257.112
Must levy tax to pay interest and provide sinking fund
before selling bonds;
Sec. 256.051
May authorize bonds for causeways, bridges, tunnels,
turnpikes, or highways (bracket legislation);
Chapter 284
Health & Safety Code
May issue bonds for solid waste facilities;
Chapter 364
Have bonding authority related to clean air financing;
Chapter 383
24
COUNTY COMMISSIONERS COURT
AUTHORITY
5. BONDING AUTHORITY, continued
Health & Safety Code
Have bonding authority for creating hospital districts
(counties of 75,000 or less);
Chapter 282
Have authority to levy tax for optional hospital district;
Chapter 283
Have bonding authority for establishment of hospital
and/or other health facilities;
Chapter 263
County hospital authority may issue revenue bonds;
Chapter 264
Agriculture Code
May call election for authorization to issue bonds to
acquire land or make improvements on agricultural
experiment station;
Sec. 43.007
Texas Constitution
May issue bonds for construction and maintenance of
roads;
Art. III, Sec. 52
Election Code
Promulgation of compliant debt obligation election
notice in connection with bond approval by the voters.
Sec. 3.009
6. CONTRACTING AUTHORITY
Commissioners have the general business
responsibility for the county as well as contracting
authority. Counties may enter into contracts or
cooperative agreements with other local governments
to accomplish mutually beneficial purposes, with the
state for various services, and with private entities for
services or supplies.
Local Government Code
Make bond and take oath of office concerning use of
county funds and contracts;
Sec. 81.002
May contract with certain agencies to accomplish flood
control and soil conservation;
Sec. 561.003
May furnish fire protection and firefighting equipment;
also may contract with incorporated area to provide
services;
Secs. 352.001; 352.002
May contract with other political subdivisions for
purpose of flood control;
Sec. 561.002
25
COUNTY COMMISSIONERS COURT
AUTHORITY
6. CONTRACTING AUTHORITY, continued
Local Government Code
May enter into joint agreement for construction,
ownership, and maintenance of buildings;
Sec. 305.001
May allocate 50 percent of monies collected from
federal forests for benefit of public roads;
Sec. 130.906
May contract for joint financing, construction, and
maintenance of jail between counties under 20,000
and cities;
Sec. 361.041
May cooperate among counties through contracts to
furnish and operate jail;
Sec. 351.031
Counties on state line may contract outside the state
for justice centers;
Sec. 361.022
May contract for donation of a fixed amount to a crime
stoppers organization;
Sec. 351.901
Counties may operate auditorium and other facilities
jointly with city;
Sec. 301.001
May contract with cities for use of county library;
Sec. 323.008
May contract with established library to provide
service;
Sec. 323.001
Require contract for deposit of public funds;
Sec. 116.021 et seq.
Required to submit contracts for competitive bidding;
Sec. 262.023
May require submission of bids by electronic
transmission in lieu of hard-copy bid;
Sec. 262.0225(c-1)
May exempt food items from competitive bidding;
Sec. 262.024
May contract for insurance, high technology items,
landscape maintenance, travel management, and
recycling services through competitive proposals;
Sec. 262.030
May purchase without competitive bids property sold
by another local government or the state;
Sec. 262.024
May contract with a nongovernmental association for
provision of law enforcement services by the county on
a fee basis;
Sec. 351.061
May purchase road machinery and equipment through
state purchasing commission;
Sec. 262.002
May participate in cooperative purchasing programs;
Sec. 271.101 et seq.
May participate in regional business certification
programs with other counties, cities, and political
subdivisions;
Sec. 280.004
May sell surplus or salvage property by competitive bid
or auction, recycling and other means;
Sec. 263.151 et seq.
26
COUNTY COMMISSIONERS COURT
AUTHORITY
6. CONTRACTING AUTHORITY, continued
Local Government Code
May sell law enforcement patrol cars after removing
insignia;
Sec. 272.006
May approve change orders in contracts not exceeding
$50,000;
Sec. 262.031
May exchange any county real estate interest for any
private real estate interest;
Sec. 263.006
May sell surplus or salvage property without auction or
bidding to another county;
Sec. 263.152
May lease land formerly owned by state MH/MR to
other governmental entity or nonprofit organization for
human services activities;
Sec. 263.007
May lease land held by county for building of hotel in
conjunction with county convention center in counties
over 1.3 million;
Sec. 263.101
May provide for the sale of county-developed computer
software;
Sec. 270.007
May authorize expenditure of funds for membership in
nonprofit association or organization of counties;
Sec. 81.026
May rent or provide office space for agencies of federal
government engaged in unemployment assistance;
Sec. 272.003
May convey land to U.S. government for certain
purposes;
Sec. 263.201 et seq.
May adopt resolution of participation in state
purchasing program on annual basis;
Sec. 271.083
May acquire land singly or jointly with city for use by
U.S. government;
Sec. 280.001
Require publication of notice of intended sale of tract of
land;
Sec. 272.001
Mandatory pre-bid conference for purchasing
contracts;
Secs. 262.0256; 271.0565
Suits against county on construction contracts;
Sec. 262.007
Issuance of COs pursuant to Certificate of Obligation
Act;
Sec. 271.041 et seq.
Commitment of current revenue only in contracts to
acquire real or personal property with contractual right
to terminate at end of budget year;
Sec. 271.903
Consideration of bidder’s principal place of business in
awarding contracts;
Sec. 271.905
Notice of lawsuit against county or county official;
Sec. 89.0041
27
C
OUNTY COMMISSIONERS COURT
AUTHORITY
6. CONTRACTING AUTHORITY, continued
Local Government Code
May authorize district, county or precinct official to
receive money or property belonging to another county
official;
Sec. 113.903
Contract with law firms and collection agencies for
amounts owed to county with addition of 30 percent
fee;
Sec. 140.009
Government Code
Development of public and private facilities and
infrastructure for qualifying projects;
Chapter 2267
Alternative project delivery methods including design-
build contracts and design-build firms, including
architects and engineers;
Chapter 2269
Use of facsimile signatures;
Chapter 618
International cooperation agreements with Mexico;
Sec. 792.001 et seq.
Interlocal cooperation agreements;
Chapter 791
Collective bargaining and public strikes prohibition;
Chapter 617
May acquire (not through eminent domain) a natural
gas system and sell any natural gas not needed by
county (counties with unincorporated seat over 5,000);
Sec. 1477.101 et seq.
Must abide by Professional Services Procurement Act
when contracting for professional services;
Chapter 2254
May contract with other local governments or state
agencies for the purchase of goods and services
without competitive bidding;
Sec. 791.025
May enter governmental support agreement with
federal government for support services to military
installations;
Chapter 793
Transportation Code
Counties or portions of counties may join together to
form road districts;
Sec. 257.112
May erect bridges in city limits and may cooperate with
city in erecting bridges;
Sec. 251.083
May operate airport jointly with city;
Sec. 22.001 et seq.
May contract for enforcement of certain traffic warrants
with a city;
Sec. 702.001 et seq.
28
COUNTY COMMISSIONERS COURT
AUTHORITY
6. CONTRACTING AUTHORITY, continued
Transportation Code
May purchase or hire necessary road machinery, tools,
implements, teams, etc. for road work;
Chapter 251
May let contracts for road work;
Sec. 252.005
May use road equipment and employees to assist
another governmental entity if the cost does not
exceed $15,000;
Sec. 251.015
May contract with other counties for extension of farm
to market roads;
Sec. 251.055
Health and Safety Code
Joint establishment and operation of hospital by
counties and cities or towns;
Sec. 265.011
May sell county hospital and use proceeds for county
health care fund;
Sec. 263.029
May contract with city of 10,000 for establishment
and/or maintenance of hospital;
Sec. 265.001
May cooperate with municipal authorities to promote
public health;
Chapter 121
Two or more counties (each under 15,000) may join
together to establish hospital;
Sec. 263.001
May cooperate with cities and other counties for
provision of emergency medical services;
Sec. 774.001
May execute cooperative agreements to ensure air
quality management, inspection, and enforcement;
Sec. 382.115
Contracts with alcoholism programs and centers;
Sec. 464.032 et seq.
Utilities Code
Two or more political subdivisions may jointly finance,
construct, etc., electric utility facilities;
Sec. 164.001 et seq.
Human Resources Code
May cooperate with other counties to provide better
probation services and detention and diagnostic
facilities for juveniles;
Sec. 62.002
Civil Practice and
Remedies Code
Recognition of venue for trial litigation;
Chapter 15
Establishment of alternative dispute resolution centers;
Chapter 152
County liability under Texas Tort Claims Act;
Chapter 101
29
COUNTY COMMISSIONERS COURT
AUTHORITY
6. CONTRACTING AUTHORITY, continued
Civil Practice and
Remedies Code
Liability under recreational use statute;
Chapter 75
Liability for sexual exploitation by a mental health
service provider;
Chapter 81
Limitation on right to bring suit to recover damages in
connection with the sale or manufacture of firearms
and ammunition;
Chapter 128
Abstain from confidential settlement agreements;
Chapter 116
Parks and Wildlife Code
May execute agreements with local, state, and federal
agencies for planning, constructing, maintaining, and
operating public recreational facilities and necessary
access roads;
Sec. 13.304
Vernon's Revised Civil
Statutes
May cooperate with state and federal government in
construction of canneries for relief of unemployed;
Art. 2372e
Election Code
May cooperate in holding joint election with other
political subdivisions;
Sec. 271.001 et seq.
May contract for election administration;
Secs. 31.091-31.100
Labor Code
May contract with state employment service;
Sec. 307.002
Code of Criminal
Procedure
Contracts with private attorneys and private vendors
for collection of unpaid fines, fees, and court costs;
Art. 103.0031
Agriculture Code
May operate cooperatively experiment and home
economics program;
Secs. 43.031-43.033
Cooperate with state Agriculture Department in
eradication of insects, pests and disease in citrus-
bearing counties;
Sec. 73.001 et seq.
In certain counties may rent county machinery to
landowners for soil conservation (bracket legislation);
Sec. 201.151
30
COUNTY COMMISSIONERS COURT
AUTHORITY
6. CONTRACTING AUTHORITY, continued
Natural Resources Code
May lease land for mineral development after public
notice and hearing;
Sec. 71.002 et seq.
Tax Code
May contract with any “competent attorney” to
represent the unit to enforce the collection of
delinquent taxes;
Sec. 6.30(c)
Water Code
May enter into cooperative agreements to promote
water quality.
Sec. 26.175
7. ELECTIONS
The commissioners court is responsible for the holding
of general and special elections of the county. Special
elections include those authorizing creation of special
districts, issuance of bonds, and other purposes.
Local Government Code
May call election for moving the location of the county
seat;
Sec. 73.011 et seq.
Voter approval required to make water resources
survey--counties with river flowing through or forming
part of boundary;
Sec. 562.013
Voter approval required to appropriate funds to
advertise for growth and development;
Sec. 381.002
Voter approval required for zoning and building
construction ordinances around certain lakes;
Sec. 231.075
Receipt of election returns for detachment or
attachment of territory to a county;
Sec. 71.011 et seq.
May hold referendum concerning property in counties
under 40,000;
Sec. 291.007
Election to authorize tax to retire bonds funding
construction of seawalls;
Sec. 571.007
31
COUNTY COMMISSIONERS COURT
AUTHORITY
7. ELECTIONS, continued
Government Code
Terms of office beginning on January 1
st
following
general election;
Sec. 601.003
May call election on revocation or cancellation of
authority to issue bonds;
Sec. 1252.001 et seq.
Call election on bonds to fund road and turnpike
construction;
Sec. 1471.015
Conduct hearing and approve or disapprove holding of
election;
Sec. 1471.015
Determine place to hold election;
Sec. 1471.015
Upon petition of voters may call election to determine
issuance of compensation bonds;
Sec. 1471.082 et seq.
Upon petition, hold election on issuing bonds to finance
irrigation projects (procedure);
Sec. 1474.052 et seq.
Hold election to authorize additional bond issue to
alter, complete, or supplement original irrigation project
(procedure);
Sec. 1474.002 et seq.
Order election on issuance of bonds to finance
navigation projects;
Sec. 1475.004 et seq.
May hold election on repurchase and cancellation of
bonds sold but proceeds unexpended;
Sec. 1471.029
May, after authorized by voters, issue bonds to finance
acquisition of water;
Sec. 1477.051 et seq.
Must include tax levy when submitting bond issue to
voters;
Sec. 1251.004
Post time and place of bond election in public places
and publish in newspaper;
Sec. 1251.003
Election required for bond issue;
Sec. 1251.001
Agriculture Code
Upon petition, hold election to create district for
noxious weed control in certain counties;
Secs. 78.011-78.021
Shall order election to establish agricultural experiment
farm and station when requested by 10 percent of
voters;
Secs. 43.003-43.006
May call election for authorizing issuance of bonds to
acquire land or make improvements on agricultural
experiment station;
Sec. 43.007
32
COUNTY COMMISSIONERS COURT
AUTHORITY
7. ELECTIONS, continued
Agriculture Code
Hold election to determine animals permitted to run at
large;
Secs. 143.021; 143.051;
143.071
Transportation Code
Upon approval of voters may appoint county road
engineer to be responsible for construction
maintenance of county roads;
Chapter 252
Upon petition, shall hold election to determine if county
should enact a special road tax; procedure and result;
Sec. 256.052
Election Code
Appoint election judges;
Sec. 32.002
May authorize county clerk or some person other than
tax assessor-collector to register voters;
Sec. 12.001 et seq.
Approve payment of expenses for election;
Sec. 1.014
Required to adopt voting system;
Sec. 123.001 et seq.
Canvass votes;
Secs. 67.002-67.005
Any two or more commissioners may act for county
judge relating to election duties when office is vacant
or judge fails to act;
Sec. 31.121
May contract for election administration;
Secs. 31.091-31.100
Voting hours;
Sec. 41.031
Voting after polls close;
Sec. 41.032
Uniform dates for holding general and special
elections;
Sec. 41.001
May cooperate in holding joint elections with other
political subdivisions;
Sec. 271.001
Formation of election precincts;
Secs. 42.001-42.064
Designation of polling places;
Secs. 43.031-43.033
Designate buildings for polling places;
Secs. 43.031-43.033
Provide polling places that are accessible to elderly
and persons with physical disabilities;
Sec. 43.034
Fair Campaign Practices Act;
Chapter 258
Qualifications for general voting;
Chapter 11
Candidacy for public office;
Chapter 141
Determination of voter registrar for county;
Chapter 12
Voter registration, cancellation, and renewal;
Chapters 13, 14, 15, 16
33
COUNTY COMMISSIONERS COURT
AUTHORITY
7. ELECTIONS, continued
Election Code
Write-in candidates;
Chapter 146
Regulation of political campaigns and advertising;
Title 15
Judicial Campaign Fairness Act;
Sec. 253.151 et seq.
Local option elections for sale of alcoholic beverages;
Chapter 501
Compliance with voter ID law;
Chapter 63
Posting election information on Internet;
Secs. 4.009; 65.016
Tax Code
Call election, upon petition by voters, to consolidate tax
assessing and collection functions;
Sec. 6.26
Agriculture Code
Carry out election required for authorization of weather
modification activities;
Sec. 301.001 et seq.
Water Code
Election to dissolve levee improvement districts;
Secs. 57.326-57.328
Upon petition, hold election to create single county
navigation district.
Secs. 61.033; 61.034
8. REGULATORY RESPONSIBILITY
Counties have statutorily specified regulatory
responsibilities. Additionally, in some cases they have
an advisory role with state agencies.
Local Government Code
May adopt and enforce subdivision regulations;
Sec. 232.001 et seq.,
Sec. 242.001
Must provide for the timely approval of subdivision
plats;
Sec. 232.0025
May require digital maps for subdivision plats;
Secs. 232.023; 232.072
May regulate subdivision development and provide
water and wastewater services in counties bordering
Mexico;
Sec. 232.021 et seq.
May acquire certification of adequate groundwater
availability for subdivision plat applications;
Sec. 232.0032
Regulate land use through subdivision platting
requirements in economically distressed counties;
Sec. 232.071 et seq.
34
COUNTY COMMISSIONERS COURT
AUTHORITY
8. REGULATORY RESPONSIBILITY, continued
Local Government Code
May cancel platted subdivisions of undeveloped land
likely to become colonias;
Sec. 232.0085
May adopt building or set back lines on the public
roads in the county;
Sec. 233.031 et seq.
May regulate outdoor lighting and subdivisions near
major astronomical observations;
Sec. 240.031 et seq.
May regulate outdoor lighting within five miles of
military installations;
Sec. 240.032 et seq.
May regulate parking on county-owned or leased
property;
Sec. 615.001
May regulate the placement and height of amateur
radio antennae;
Sec. 250.002
May regulate massage establishments and sexually-
oriented businesses;
Chapters 234, 243
Authorize privileges and concession operations in
county parks;
Sec. 331.006
May hold hearing to determine if park should be closed
and abandoned;
Secs. 317.001-317.004
Counties with public beaches may close portion for
special events and fees may be charged;
Sec. 240.902
Padre Island zoning;
Sec. 231.011 et seq.
Regulation of explosives, firearms, bows and arrows;
Chapter 235
Issuance of permits based on regulations in place at
time of application;
Chapter 245
Amistad Recreation Area zoning;
Sec. 231.031 et seq.
May enact and enforce regulations to regulate, restrict,
or control management and use in land, structures,
and other development in flood or rising water prone
areas--Gulf Coast counties to facilitate participation in
federal flood insurance programs;
Sec. 240.901
May adopt certain zoning regulations related to
elimination of airport hazards;
Secs. 241.001-241.903
Call election, upon petition by voters, to grant authority
to the county to adopt zoning and building ordinances
for the area around lakes;
Secs. 231.071-241.083
In certain Gulf Coast counties, may regulate clear-
cutting of live oak trees;
Sec. 240.909
May regulate keeping of wild animals;
Sec. 240.001 et seq.
35
COUNTY COMMISSIONERS COURT
AUTHORITY
8. REGULATORY RESPONSIBILITY, continued
Local Government Code
May regulate use of public platform scales;
Sec. 270.003
Regulation of automotive wrecking and salvage yards;
Sec. 234.001 et seq.
Regulation of slaughterers;
Sec. 234.031 et seq.
Regulation of water wells in counties with a population
of 1.8 million;
Sec. 240.041 et seq.
Regulation of cellphone towers in counties of 1.8
million;
Sec. 240.081 et seq.
May designate where water corporation should place
line along right-of-way on county roads;
Sec. 552.101 et seq.
Property Code
May take tangible, personal property on county
property presumed abandoned after 120 days;
Sec. 72.104
Utilities Code
Hold hearings on telegraph service.
Sec. 181.064
May designate where lines should be placed in right-of-
way on county roads for gas distribution;
Sec. 181.021 et seq.
Transportation Code
May adopt ordinance that requires a junkyard to be
licensed by the county and may require location to be
approved by the commissioners court;
Sec. 396.001 et seq.
Authorized to pay for relocation of water lines owned
by water control and improvement districts when
necessary to complete farm-to-market roads;
Sec. 251.103
May make and enforce all reasonable and necessary
rules and orders for the working and repairing of public
roads;
Sec. 251.003
May enact ordinances to ensure the safe use of county
roads by aircraft;
Sec. 24.022
Regulation of automobile wrecking and salvage yards;
Chapters 396, 397
Regulate all charges and tolls for crossing bridges or
ferries;
Sec. 342.201
Grant approval to a toll road authority to abate county
property taxes on signs regulated by the authority;
Chapter 395
36
COUNTY COMMISSIONERS COURT
AUTHORITY
8. REGULATORY RESPONSIBILITY, continued
Vernon’s Revised Civil
Statutes
Certify application for creation of housing corporations;
Art. 1524c
Regulate operation of such housing corporations
outside city limits;
Arts. 1524e; 1524f; 1525g
Property Code
County planning and zoning commission may adopt
supplemental rules and regulations governing
condominiums.
Sec. 81.003
Health & Safety Code
May make recommendation to TCEQ and may bring
enforcement actions under clean air act;
Sec. 382.111 et seq.
Enforce laws to promote public health;
Sec. 121.003
May make regulations in certain areas for collection
handling, storage, and disposal of solid waste;
Sec. 364.001 et seq.
May require license for solid waste disposal site;
Sec. 361.154
May adopt order requiring permits for food service
establishments, roadside food vendors, etc., in order to
enforce state law;
Chapter 437
May adopt standards for on-site sewage disposal
(septic tanks);
Sec. 366.001 et seq.
May license and regulate waste haulers;
Sec. 368.011
May adopt procedures for abatement and removal of
junked vehicles and parts as public nuisances;
Chapter 365
May prohibit refuse or junk accumulating near public
highways;
Sec. 365.034
Identify and enforce extermination of prairie dogs by
landowners;
Sec. 825.036
May appropriate funds to cooperate with state and
federal efforts at predatory animal and rodent control
work;
Sec. 825.001 et seq.
Regulation of dangerous dogs;
Sec. 822.041 et seq.
Regulation of dangerous wild animals;
Sec. 822.101 et seq.
Registration and regulation of dogs;
Sec. 822.021 et seq.
Regulation of cemeteries;
Sec. 713.021 et seq.
May buy poison for destruction of animal pests;
Sec. 825.021
37
COUNTY COMMISSIONERS COURT
AUTHORITY
8. REGULATORY RESPONSIBILITY, continued
Health & Safety Code
May establish license procedures for private sewage
facility;
Chapter 366
Provide bounties for destruction of certain animals in
certain counties;
Sec. 825.031 et seq.
Alcoholic Beverage
Code
May not impose stricter standards on premises
licensed to sell alcoholic beverages;
Sec. 109.57
May prohibit sale of alcoholic beverages by dealer
within 300/1000 feet of any church, school or public
hospital;
Sec. 109.33
Water Code
May set standards regarding construction in flood
plains;
Sec. 16.311 et seq.
Regulation of water rates and services;
Chapter 13
Enforcement of water quality controls;
Sec. 26.171 et seq.
Development of local and regional water plans;
Sec. 16.051 et seq.
May inspect public waters for certain purposes;
Sec. 26.171 et seq.
Parks and Wildlife Code
May acquire land, construct facilities for public
recreation;
Sec. 13.304
May issue water safety regulations for lakes within
county but outside city authority;
Sec. 31.092
May regulate operations and equipment of boats in
public waters and may designate certain areas for
swimming and fishing;
Sec. 31.092
May require owner of public or private dam or other
obstruction to construct or repair fishways or fish
ladders;
Sec. 66.109
Agriculture Code
Regulate sale of produce and other duties of director of
experimental farm and station;
Secs. 43.014-43.017
Provide the appointment or election of a county
weigher;
Sec. 13.251 et seq.
38
COUNTY COMMISSIONERS COURT
AUTHORITY
8. REGULATORY RESPONSIBILITY, continued
Agriculture Code
May request state agriculture commission to
investigate reports of insect pests and plant disease--
may establish control and eradication zone for
treatment after report;
Sec. 71.008
Cooperate with state agriculture commission with
eradication of insect pests and disease in citrus-
bearing counties;
Sec. 73.001 et seq.
May order change in status of county or portion of
county in regulation of sale, use, and transportation of
herbicides;
Sec. 76.144
May establish, implement, and conduct program for
control and eradication of fire ants;
Sec. 77.001 et seq.
Hold election to determine if animals may run at large;
Secs. 143.021; 143.051;
143.071
Natural Resource Code
Report by county attorney to the attorney general the
name and address of each person who has taken
minerals or other things of value from public land;
Sec. 11.071
Gulf Coast counties may regulate mass gatherings
attracting 200 or more persons on beach areas;
Sec. 61.251 et seq.
Authority to license mobile business establishments on
public beaches;
Sec. 61.164 et seq.
In counties bordering Gulf Coast may regulate traffic
and animals on beaches and may prohibit littering of
beaches;
Sec. 61.122
Responsible for issuing permit for removal of sand,
marl, gravel, or shell;
Sec. 61.213
Regulation of signs and barriers around quarries and
pits, in counties of 3.3 million population;
Sec. 133.091 et seq.
In certain counties bordering Gulf of Mexico, may
establish a dune protection line after public notice and
hearing;
Sec. 63.011
Shall appoint a local committee of three real property
owners to advise Veterans Land Board on applications.
Sec. 161.217
39
COUNTY COMMISSIONERS COURT
AUTHORITY
9. FISCAL OPERATION
The commissioners court has financial responsibility
for the county, setting the tax rate, authorizing
expenditures, and issuing bonds. Statutes related to
the bond process are covered in a separate section.
This enumeration includes other statutes related to the
commissioners' responsibility for fiscal operation of the
county.
Local Government Code
Adoption of budget by counties with population of
225,000 or less;
Sec. 111.001 et seq.
Adoption of budget by counties over 225,000;
Sec. 111.031 et seq.
Adoption of budget by counties over 125,000;
Sec. 111.061 et seq.
Must comply with disclosure requirements in adoption
of county budget;
Secs. 111.008; 111.039;
111.068
May relieve county clerk of financial record keeping
duties related to issuing of warrants;
Sec. 113.023
Publication of county budget on Internet website;
Sec. 111.069
Receive monthly and annual reports on receipts and
disbursements from auditor;
Secs. 114.024; 114.025
Receive report of treasurer or auditor on examination
of accounts and dockets of other county officials who
collect money;
Sec. 115.901
Examine report of collection of money submitted by
auditor;
Sec. 115.002
Receive report at every regular term from treasurer on
all money received and disbursed and of all debt due
to and from the county;
Sec. 114.026
Approval of report of treasurer to be entered in
minutes;
Sec. 115.022
Sale or lease of county property;
Chapter 263
Financing of capital improvements with impact fees;
Chapter 395
Sale of county computer software;
Sec. 270.007
Approve reports of treasurer on all money paid out and
coming into the treasury;
Sec. 112.054
Accept quarterly statement of financial accounts
submitted by treasurer;
Sec. 114.021
Accept and enter in minutes lists of indigent and
delinquent taxpayers submitted by tax assessor-
collector;
Sec. 112.033
40
COUNTY COMMISSIONERS COURT
AUTHORITY
9. FISCAL OPERATION, continued
Local Government Code
Examine and approve for entry in finance ledger
reports submitted by county officers who collect or
handle money;
Sec. 114.044
Settle and pay any judgment rendered against county;
Sec. 89.006
Decide on payment of warrant when requested by
treasurer;
Sec. 113.041
Direct disbursement from treasury by treasurer in
accordance with law;
Sec. 113.041
May contract with bank to act as depository for a 2-
year or 4-year contract term;
Sec. 116.021
May invest funds in direct debt securities of the United
States or in certain repurchase agreements;
Sec. 116.112
Designate clearinghouse when one or more
depositories used;
Sec. 116.115
May revoke depository contract for cause;
Sec. 116.155
May sell or dispose of judgments belonging to county;
Sec. 130.901
May transfer money from one fund to another except
that may not transfer leaving less than enough to pay
claims on a particular fund;
Sec. 113.004
May appropriate percentage of assessed valuation for
purpose of advertising and promoting growth of county
when authorized by voters;
Sec. 381.002
May employ accountant for independent audit;
Sec. 115.031
In certain counties, shall pay county clerk for work in
keeping the finance ledger;
Sec. 153.002
Approve efforts of justice of peace to collect fines or
judgments imposed;
Sec. 112.052
Must notify comptroller of fees determined by
commissioners court for county officials;
Sec. 118.131
Allow credits to outgoing tax assessor-collector in
forwarding tax rolls to successor;
Sec. 112.034
Competitive bidding requirements of County
Purchasing Act;
Sec. 262.021 et seq.
Set fee for collection in civil cases (except cases for
delinquent taxes) for law library fund;
Sec. 323.023
Commissioners court to fix maximum amount of
expenditure by counties with river flowing through or as
a boundary to survey water resources after referendum
of citizens;
Sec. 562.013
41
COUNTY COMMISSIONERS COURT
AUTHORITY
9. FISCAL OPERATION, continued
Local Government Code
May authorize payment of fees, fines, and other
charges by credit card or electronic means;
Sec. 132.001 et seq.
May authorize the creation of a change fund for use by
county officials who collect money;
Sec. 130.902
May, in counties over 3.3 million population, establish
petty cash fund in amount approved by auditor;
Sec. 130.909
Order payment for publishing of exhibit showing
amounts paid out of each fund for year;
Sec. 114.022
May withhold payments to persons indebted to the
county;
Sec. 154.025
County financial reports;
Chapter 114
File annual report with comptroller reflecting county
debt;
Sec. 140.008
Authority to establish petty cash funds for county and
district officials and department heads;
Sec. 130.909
Participation in comptroller’s least cost review program;
Sec. 140.007
May accept gifts, grants, donations, bequests, and
devises of money and other property for any county
purpose;
Sec. 81.032
Occupations Code
May levy occupation tax on coin-operated machine, up
to 1/4 of state tax;
Sec. 2153.451
May charge fee for releasing machine sealed for failure
to pay tax;
Sec. 2153.453
Transportation Code
Shall state the rate of toll or ferriage when establishing
a ferry;
Sec. 342.202
Shall limit rate to 1 cent per head of cattle or horses
swimming a river at licensed ferries;
Sec. 342.203
May impose a county fee for vehicle registration;
Sec. 502.197 et seq.
Make and enter in minutes a list of assessments
against landowners affected by drainage construction;
Sec. 254.017
May levy taxes for flood control;
Sec. 256.054
May transfer surplus funds from registration fees to
other county funds;
Sec. 256.007
42
COUNTY COMMISSIONERS COURT
AUTHORITY
9. FISCAL OPERATION, continued
Health and Safety Code
Receive five percent of gross receipts for transfer from
compact waste disposal facility license holder pursuant
to Texas Radiation Control Act;
Sec. 401.244
Levy tax to fund mosquito control districts where
created;
Chapter 344
Civil Practice and
Remedies Code
Payment of tort claims by county;
Chapter 102
Tax Code
May impose county sales and use tax in certain
counties for landfill or criminal detention center
purposes;
Chapter 325
May levy hotel occupancy tax to fund the construction
of convention centers.
Chapter 352
Implementation of Tax Increment Financing Act;
Chapter 311
County Sales and Use Tax Act;
Chapter 323
County health services sales and use tax;
Chapter 324
Government Code
May invest funds in obligations of the United States,
obligations of the State of Texas, certificates of
deposit, and other specific obligations;
Chapter 2256
Adopt rules governing investment of local funds and
designate officer or employee responsible for
investment;
Chapter 2256
Must adopt written policy for investment of county
funds; financial officers must attend training;
Chapter 2256
Prompt payment for goods and services;
Chapter 2251
Provide funding through collection of fines and other
sources to finance court administration system in
certain counties;
Sec. 75.401
Authorize biweekly payments of salary for judicial
officials;
Secs. 25.0005; 31.004;
32.001
43
COUNTY COMMISSIONERS COURT
AUTHORITY
9. FISCAL OPERATION, continued
Labor Code
Authorities to enter into agreements with state
regarding establishment and maintenance of
employment service officers;
Chapter 307
Payment of minimum wage by contractors of county;
Sec. 62.0515
Property Code
Escheat of abandoned or unclaimed property.
Chapter 76
10. PUBLIC HEALTH AND WELFARE
A general responsibility of the commissioners court is
to provide for the public health and welfare. Provision
for public welfare may include social services, libraries,
and parks and recreation. Specific statutes affect
some activities in this general area.
Local Government Code
May prohibit or regulate keeping of wild animals;
Sec. 240.001 et seq.
May in certain counties prohibit slaughter houses near
schools or residence;
Sec. 234.031 et seq.
In counties over 5,000 may establish Board of Park
Commissioners to oversee county parks;
Sec. 320.001 et seq.
May provide for annual exhibits and establish museum,
and other improvements;
Sec. 319.001 et seq.
All counties may operate and maintain parks,
playgrounds, and historical museums and sites;
Sec. 331.001
May charge admission fee to county park upon voter
approval;
Sec. 316.001
May cooperate with cities in acquisition and
management of parks, etc.;
Sec. 331.008
Support of paupers;
Sec. 81.027
Building and setback line authority over housing and
other structures;
Sec. 233.031 et seq.
Authority to order repair, removal, or demolition of
dangerous structures in certain Gulf Coast counties;
Sec. 233.001
Counties with beaches may close portion of public
beach for special events;
Sec. 240.902
44
COUNTY COMMISSIONERS COURT
DUTY/RESPONSIBILITY
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Local Government Code
Establish suitability of parks in counties on Gulf Coast
with islands; authorize roads on such island parks and
issue bonds;
Sec. 321.001 et seq.
May, in certain Gulf Coast counties, provide for county
park rangers;
Sec. 351.081
May provide for the creation of a sports facility district;
Chapter 325
May jointly establish and operate recreational facilities
with other political subdivisions;
Sec. 332.021
Counties and cities may jointly establish and operate an
auditorium;
Sec. 301.001
May establish, maintain, and operate county free
libraries;
Sec. 323.001
May set aside from tax income funds to maintain
libraries;
Sec. 323.002
May receive gifts on behalf of library;
Sec. 323.003
May adopt general rules for operation of library;
Sec. 323.005
Accept annual report by librarian on operation and
finances of library;
Sec. 323.005
Has general supervision of library;
Sec. 323.006
May contract with private libraries to provide service;
Sec. 323.012
May contract with established library to provide service;
Sec. 323.011
May contract with cities for use of county library;
Sec. 323.008
May, upon termination of existing contracts for library
service, call in all books and movable property;
Sec. 323.013
May contract with other county to use or cooperatively
operate library;
Secs. 323.009; 323.010
Authorization of library fines and civil penalties in
operation of county library;
Secs. 323.071; 323.072
May furnish fire protection and firefighting equipment;
Sec. 352.001
May regulate outdoor burning during drought
conditions;
Sec. 352.081
May require removal of unsafe buildings in certain
counties;
Sec. 233.001
May authorize creation of library districts governed by a
board of trustees;
Chapter 326
May authorize fire inspection fees to be collected by
county fire marshal;
Sec. 352.016
45
COUNTY COMMISSIONERS COURT
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Local Government Code
May contract with any incorporated volunteer fire
department outside of the city limits for services;
Sec. 352.001
In counties under 20,000, may contract with
municipalities for fire protection;
Sec. 352.003
May in counties over 250,000 population and adjacent
counties adopt a fire code;
Sec. 233.061 et seq.
May declare need for housing authority; may include
other counties in regional housing authority;
Sec. 392.012
May set and collect fees for the use of county
recreational facilities and services;
Sec. 316.001
May administer or engage in certain community and
economic development projects;
Sec. 381.003
May participate in the financing of sports and
community venues and related infrastructure;
Chs. 334, 335
Reports of use and accidents involving equipment in
counties with a population of 500,000 or more;
Sec. 270.006 et seq.
Engagement in water supply and distribution, and
wastewater collection and treatment, in counties with a
population under 10,000;
Chapter 563
May provide monetary assistance from the county’s
general fund for individuals affected by disasters
declared by county judge;
Sec. 130.910
Regulation of archery hunting;
Sec. 235.041 et seq.
Designation of region for participation under Property
Assessed Clean Energy Act;
Chapter 399
Government Code
Colonia self-help centers;
Sec. 2306.581 et seq.
Texas Disaster Act of 1975 for emergency
management;
Chapter 418
Maintenance of county emergency management
programs;
Sec. 418.102
Rendering aid to other political subdivisions under
mutual aid agreements;
Sec. 418.107
Emergency mutual aid;
Sec. 418.109
Historic courthouse preservation and maintenance,
grants and loans;
Sec. 442.0081 et seq.
46
COUNTY COMMISSIONERS COURT
DUTY/RESPONSIBILITY
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Government Code
Funding of community supervision and corrections
departments;
Chapter 76
Authority to establish a mental health court program for
persons charged with criminal offenses;
Chapter 125
May acquire land for and purchase and construct
county buildings; may issue bonds;
Sec. 1473.001 et seq.
Health and Safety Code
Authority of county to engage in cleanup programs for
contaminated brownfields and economic
redevelopment;
Sec. 361.901 et seq.
Regulation of public swimming pools;
Sec. 341.064
Appointment of commissioners for health care funding
districts created in counties along Mexican border and
with a population of 1.8 million;
Chapters 288, 289, 290
Compliance with Public Employer Community Right-
To-Know Act;
Chapter 506
Contracts for local drug and alcohol education
program;
Sec. 464.031 et seq.
Financing of hospital improvements pursuant to
Hospital Project Financing Act;
Chapter 223
Adoption of performance standards for building energy
efficiency;
Chapter 388
Contract with Texas Board of Health regarding
inspection of milk and milk products;
Sec. 435.005
Responsibility of county for indigent residents not
admissible to state mental health hospital;
Sec. 615.001
Disposal of animal carcasses on county roads;
Sec. 361.117
Enforcement of state laws and rules regarding mobile
food units and roadside food vendors in counties of 3.4
million population;
Sec. 121.0035
Management of solid waste and issuance of bonds
pursuant to County Solid Waste Control Act;
Chapter 364
Indigent Health Care Act;
Chapter 61
Establishment of recycling program;
Sec. 361.425
Regulation of septic tanks;
Chapter 366
47
COUNTY COMMISSIONERS COURT
DUTY/RESPONSIBILITY
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Health and Safety Code
County funding of public health and sanitation,
generally;
Sec. 122.001
May establish and operate a community mental health
center for MHMR services;
Chapter 534
Accept annual report of board of hospital managers;
Sec. 263.053
Contract with city for establishment and maintenance
of hospital;
Secs. 265.001; 265.002
Make provisions for facilities for treatment of
tuberculosis;
Sec. 263.023
Two or more counties may join together to establish
hospital;
Sec. 263.001
May jointly establish and operate hospitals (counties,
cities or towns);
Sec. 265.011
May sell or lease county hospital and use proceeds for
county health care fund;
Sec. 263.029
Sale and lease back of land, buildings, equipment,
etc., for hospital district purposes;
Sec. 281.052
May establish public hospital districts in counties of
75,000 or less;
Chapter 282
May cooperate with cities and other counties for
provision of emergency medical services;
Chapter 773
May contract with state hospitals for medical and
dental care;
Sec. 551.041
May cooperate with municipal authorities to promote
public health;
Chapter 121
May appropriate funds to hospital to provide medical
care for indigents;
Sec. 122.004
Observe requirement of hospital project financing act
and county hospital authority act;
Chapters 223, 264
May cooperate in establishment of nonprofit health
facilities development corporations;
Chapter 221
Provide for indigent health care and treatment;
Chapter 61
May provide for the burial or other disposition of
deceased paupers;
Sec. 694.002
May create and support with county money a
commission for promoting drug and alcohol education
and treatment;
Chapter 464
48
COUNTY COMMISSIONERS COURT
DUTY/RESPONSIBILITY
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Health & Safety Code
May set aside facilities for quarantined person; may
provide transportation to state chest hospital; may
donate or convey land to state chest hospital;
Sec. 13.031 et seq.
May establish hospital and other health facilities;
Sec. 263.021
May maintain more than one hospital;
Sec. 263.002
Appoint board of hospital managers;
Sec. 263.041
May establish hospital district-optional process;
Chapter 283
May create and dissolve county hospital authority;
Chapter 264
May provide for the creation of health services districts;
Chapter 287
May participate in county health care provider program,
in certain counties;
Chapters 291, 291A, 292,
292A, 292B, 292C, 293,
293A, 293C, 294, 296,
296A and 297
May use solid waste fee revenue collected by state in
accordance with approved regional plans;
Sec. 361.014
May establish mosquito control districts;
Chapter 344
May regulate the disposal of litter and may regulate the
disposal of recycled materials;
Sec. 365.017
May operate solid waste facilities;
Chapter 364
Community mental health and mental retardation
centers operated on behalf of county perform
governmental function;
Sec. 534.001
May adopt rabies control requirements;
Chapter 826
May authorize creation of perpetual trust fund to
provide for maintenance and upkeep of cemeteries;
Chapter 713
May provide maintenance of 50-year-old cemeteries
for historical and other reasons;
Sec. 713.028
Must purchase playground equipment for parks that
complies with federal Consumer Products Safety
Commission guidelines;
Sec. 756.061
Appoint members to a board of managers for
emergency communications districts (certain counties);
Chapter 772
May participate in regional emergency communications
system;
Chapter 771
May designate local rabies control authority;
Sec. 826.017
49
COUNTY COMMISSIONERS COURT
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Health & Safety Code
May provide for the registration of dangerous wild
animals, including lions, tigers, monkeys, baboons, and
others;
Sec. 822.101 et seq.
Participate in task force of border health officials;
Chapter 120
Human Resources Code
Authorize salaries for juvenile probation personnel;
may contract for services;
Chapter 152
Varying responsibilities in area of juvenile probation
contained in bracket legislation;
Chapter 152
May contract with Texas Juvenile Justice Department
for county provision of juvenile probation services;
Sec. 245.001
May establish detention homes and parental schools
for juveniles;
Sec. 62.001
May cooperate with other counties to provide better
probation services and detention and diagnostic
facilities for juveniles;
Sec. 62.002
County funding for public welfare, child welfare, and
relief services;
Sec. 11.003
May provide for long term residential facility for
detention of juvenile offenders;
Chapter 63
Family Code
Child welfare boards;
Sec. 264.005
Local Government Code
May create cultural educational facilities finance
corporation;
Chapter 337
Transportation Code
May determine speed limits on county roads within
ranges up to 70 miles per hour;
Sec. 545.355
Property Code
May enforce deed restrictions in counties with a
population exceeding 200,000;
Ch. 203
50
COUNTY COMMISSIONERS COURT
AUTHORITY
10. PUBLIC HEALTH AND WELFARE, continued
Agriculture Code
May employ a veterinarian and cooperate with Texas
Animal Health Commission in protecting livestock and
domestic animals from diseases;
Sec. 161.003
Adoption of county herbicide regulations;
Sec. 76.144
Receive reports from slaughterhouses;
Sec. 148.012
Nomination of local inspectors for tick eradication;
Sec. 167.101 et seq.
Adoption of ordinances restricting the planting, sale, or
distribution of invasive plant species;
Sec. 71.153
May not purchase beef products imported from outside
United States;
Sec. 150.012
Natural Resources Code
Issuance of permits for “mass gathering” on public
beaches attracting more than 200 persons;
Sec. 61.251 et seq.
In counties bordering on Gulf of Mexico, may create
Beach Park Board of Trustees to improve, equip,
finance, maintain, and operate public park;
Chapter 62
Regulations for quarries in counties of 3.3 million;
Sec. 133.091 et seq.
Water Code
May publish notices of declaration of state of disaster
due to drought conditions;
Sec. 16.055
Participation in national flood insurance program;
Sec. 16.3145
Protection of water quality;
Chapter 26
Civil Practice and
Remedies Code
May provide for the abatement of public nuisances.
Chapter 125
11. ADMINISTRATIVE DUTIES
Various statutes affect the administrative operation of
the commissioners court.
Local Government Code
Shall have seal of court and use on all official acts;
Sec. 81.004
Form for process issued by court executed at least five
days before return date specified in process;
Sec. 81.022
May post notice on courthouse door when unable to
have it published as required by law;
Sec. 81.007
51
COUNTY COMMISSIONERS COURT
AUTHORITY
11. ADMINISTRATIVE DUTIES, continued
Local Government Code
Shall meet at courthouse or auxiliary building each
month--meet at other times also;
Sec. 81.005
Member of commissioners court may serve as a
director or officer of a corporation doing business with
the county subject to chapter 171;
Sec. 81.002
Take oath of office and post bond with treasurer;
Sec. 81.002
County commissioners must complete 16-hour
continuing education course each year; may be online;
Sec. 81.0025
Three members of court constitute quorum except in
levying of tax which needs presence of four members;
Sec. 81.006
Any member may serve on committees and related
bodies in conjunction with association of counties;
Sec. 81.026
Shall hold commissioners court at courthouse;
Sec. 81.005
Requirement of presentation of claim to court before
filing suit against county or county official after 60 days;
Sec. 89.004
Designation of terms for meeting at county courthouse
or other authorized meeting places;
Sec. 81.005
Punishment for contempt of court at $25 or 24 hours
confinement;
Sec. 81.023
Authority of county to offer advertising space on county
building, vehicle, or web site;
Sec. 263.251
Delegation of county judge duties in counties with a
population of 1.5 million;
Sec. 81.028
Authority of county to secure a patent, copyright, or
trademark;
Sec. 270.009
May provide information and the payment of fees and
taxes over the Internet;
Sec. 132.007
Acceptance of gifts;
Sec. 81.032
Receive and review application for property tax
exemptions for historical purposes;
Sec. 318.012
Require clerk to keep minutes of meetings and submit
for approval at next meeting;
Sec. 81.003
May require testimony before commissioners court to
be given under oath;
Sec. 81.030
Financial disclosure may be required of county
officials;
Chapter 159
Implementation of court reminder program;
Secs. 75.601 et seq.
52
COUNTY COMMISSIONERS COURT
AUTHORITY
11. ADMINISTRATIVE DUTIES, continued
Local Government Code
When office of county judge is vacant, any two county
commissioners may act in his stead relevant to
historical organization of counties;
Sec. 71.023
Set out regulations for control of courthouse by sheriff;
Sec. 291.003
May establish central mailing system in counties over 1
million population;
Sec. 89.003
May require clerk to have translated into English any
part of records in Spanish;
Sec. 193.007
Exercise of county condemnation powers;
Chapter 261
Approve effort of sheriff to collect judgments, fines,
fees, and forfeitures where no collection made;
Sec. 112.051
Creation of corporations pursuant to Texas Housing
Finance Corporations Act;
Chapter 394
County Purchasing Act;
Sec. 262.021 et seq.
Conduct meetings at authorized locations including at
alternative sites to accommodate large attendance;
Sec. 81.005
May designate day of week for regular court session;
Sec. 81.005
Risk management pools;
Chapter 119
Tax Code
Implementation of Property Redevelopment and Tax
Abatement Act;
Chapter 312
Government Code
May broadcast open meetings over the Internet;
Sec. 551.128
May require trustee of real property acquired by county
to submit trust documents;
Sec. 2252.091 et seq.
Open Meetings Act, generally;
Chapter 551
Open Records Act, generally;
Chapter 552
Open Records Act allowed to be suspended during a
catastrophe;
Sec. 552.233
Nepotism, generally;
Chapter 573
Whistleblower Act, generally;
Chapter 554
Recognition of federal census figures;
Chapter 2058
May participate in Texasonline project for electronic
transmission of documents, licenses, permits, and
payments;
Sec. 2054.251 et seq.
Allow public testimony at meetings under time limits;
Sec. 551.007
May meet in emergency sessions without notice under
a declared state of disaster or state of emergency;
Sec. 551.091
53
COUNTY COMMISSIONERS COURT
AUTHORITY
11. ADMINISTRATIVE DUTIES, continued
Health and Safety Code
License waste haulers transporting in unincorporated
areas in counties under 375,000 population;
Sec. 368.012
Transportation Code
Issue license for persons to operate ferry for hire;
Sec. 342.103
Direct amount of bond for such license;
Sec. 342.104
Creation of local government corporation;
Chapter 431
Education Code
Common school districts;
Chapter 22 [Appendix]
Creation, consolidation, and abolishment of school
districts;
Chapter 19 [Appendix]
Rural high school districts;
Chapter 25 [Appendix]
County administration of public free schools by board
of county school trustees;
Chapter 17 [Appendix]
Property Code
Escheat of abandoned property valued at not more
than $100;
Sec. 76.001 et seq.
Exercise of condemnation powers;
Chapter 21
Agriculture Code
Receive and publish report on activities of agricultural
experiment farm and station;
Sec. 43.013
Natural Resources Code
May order records of surveyor transcribed;
Sec. 23.055
Tax Code
Adopt a tax rate;
Sec. 26.05
Post required notice and hold hearing on proposal to
increase taxes;
Sec. 26.06(b)
Water Code
Hold hearing on creation of single county water control
and improvement district, fresh water supply district
levee improvement district, navigation districts;
Chapters 51, 53, 57,
61-63,
Petition the Texas Environmental Quality Commission
for creation of a storm water control district.
Sec. 66.014
54
COUNTY COMMISSIONERS COURT
AUTHORITY
12. JUDICIAL RESPONSIBILITIES
The commissioners court has certain responsibilities to
the judicial operations at the county level.
Local Government Code
May provide office buildings or jails outside county
seat;
Sec. 292.001 et seq.
May own, construct, equip, enlarge, and maintain
buildings as criminal justice centers (bracket
legislation);
Sec. 361.001 et seq.
Shall provide safe suitable jails, definition;
Sec. 351.001
May require review of jail commissary accounts by
county auditor;
Sec. 351.0415
May cooperate among counties through contracts to
furnish and operate jail;
Sec. 351.031
May contract for joint financing, construction, and
maintenance of jail between counties and cities under
20,000;
Sec. 361.041
May increase salaries in sheriff’s department upon
voter petition in counties over 25,000 population;
Sec. 152.072
Allow or disallow claims against the county;
Sec. 89.004
In counties over 1.25 million may employ special
counsel to represent the county in suits brought
against the county;
Sec. 89.001
Approve efforts of justice of peace to collect fines or
judgments imposed by him;
Sec. 112.052
May sell rights to judgment proceeds belonging to
county;
Sec. 130.901
May establish and provide for maintenance of county
law library;
Sec. 323.021
May contract with private detention facilities for county
inmates;
Sec. 351.101 et seq.
In metropolitan counties may provide for the creation of
a crime control and prevention district;
Sec. 363.001 et seq.
55
COUNTY COMMISSIONERS COURT
AUTHORITY
12. JUDICIAL RESPONSIBILITIES, continued
Family Code
May contract with a private entity for the receipt and
disbursement of child support payments.
Sec. 204.001 et seq.
May establish a visitation center for purposes of
enforcing court orders regarding child custody and
access.
Sec. 153.014
Transportation Code
May appoint persons with authority to file charges for
enforcement of handicap parking laws;
Sec. 681.0101
Government Code
Observe requirements of Texas Commission on Jail
Standards;
Chapter 511
Provide funding through collection of fines and other
sources to finance court administration system;
Sec. 75.401
May provide for additional terms for county court when
needed;
Sec 26.002
Must provide interpreters for deaf jury members in
district, county, and justice courts;
Sec. 62.1041
Set aside places in courthouse for use by prospective
jurors;
Sec. 62.018
Compliance with public information statute requiring
disclosure to public and containing exemptions;
Chapter 552
May hold meetings by means of telephone conference
calls if necessary;
Sec. 551.125
May apply for grants and loans to the state historical
commission pursuant to historic courthouse
preservation program;
Sec. 442.0081
Shall provide facilities, equipment, and utilities for adult
probation department;
Chapter 76
Provide for public safety employees treatment court
program;
Chapter 129
56
COUNTY COMMISSIONERS COURT
AUTHORITY
12. JUDICIAL RESPONSIBILITIES, continued
Civil Practices and
Remedies Code
Recognition of religious freedom in connection with
exercise of governmental authority;
Chapter 110
May establish an alternative system for resolving
citizen disputes;
Sec. 152.001 et seq.
Texas Tort Claims Act;
Chapter 101
Spanish language interpreters;
Sec. 21.021 et seq.
Liability for recreational facilities;
Chapter 75
Recognition of constitutional right to petition, free
speech, and right of association pursuant to Citizens
Participation Act;
Chapter 27
Texas Family Code
Shall provide a suitable place for detention of court-
related children.
Sec. 51.12
13. PUBLIC WORKS
The commissioners court has responsibilities relating
to water supply, irrigation and drainage, waste
disposal, clean air, and agriculture.
Local Government Code
Counties with a taxable value greater than $290 million
are authorized to spend up to $15,000 per year in
preliminary engineering survey relating to drainage,
reclamation, conservation, levee improvement, and
water control;
Sec. 561.004
May contract with political subdivisions for joint right-of-
way, construction, maintenance of canals, drains, and
levees for flood control;
Sec. 561.002
May establish public improvement districts.
Chapter 372
Ordinance-making powers of certain counties along
Rio Grande River with no incorporated territory;
Sec. 81.033
May contract with various federal, state, and local
entities for carrying out flood control and soil
conservation programs;
Sec. 561.003
57
COUNTY COMMISSIONERS COURT
AUTHORITY
13. PUBLIC WORKS, continued
Local Government Code
In counties bordering on Gulf of Mexico may determine
water prone areas; regulate management and use of
land and structures;
Sec. 240.901
Participation in Texas Association of Counties;
Sec. 89.002
Participation in county government risk management
pool;
Chapter 119
Creation of a county civil service system in counties
with a population of 190,000 or more;
Sec. 158.001 et seq.
Zoning authority over certain lakes, military zones,
Padre Island, etc.;
Chapter 231
Closing of Gulf Coast beaches for nonprofit three-day
festivals;
Sec. 240.902
Zoning authority around airports;
Chapter 241
Acquisition of property pursuant to Public Property
Finance Act;
Sec. 271.001 et seq.
Acting as a sponsor to create corporations under
Public Facility Corporation Act for purpose of acquiring
and renovating public property;
Chapter 303
Establishment of library districts;
Chapter 326
Establishment of sports facility districts;
Chapter 325
Creation of county historical commission;
Chapter 318
Economic development corporations;
Chapters 501 et seq.
May in certain counties on border construct and
maintain museums;
Chapter 330
Creation of Crime Control and Prevention Districts;
Chapter 363
Stimulation of economy with community and economic
development programs;
Sec. 381.004
Creation of county development districts;
Chapter 383
Creation of county assistance districts;
Chapter 387
Participation in regional planning commissions;
Chapter 391
Establishment of county housing authorities;
Chapter 392
Competitive bidding on public works contracts;
Sec. 271.021 et seq.
May acquire, own, or operate water or wastewater
utility system to serve unincorporated territory;
Sec. 562.016
May provide for annual exhibits of horticultural and
agricultural products, livestock, and mineral products;
Sec. 319.001 et seq.
May contract for energy conservation consumption
reduction in governmental facilities;
Chapter 302
58
COUNTY COMMISSIONERS COURT
AUTHORITY
13. PUBLIC WORKS, continued
Government Code
May issue bonds by election and levy and collect taxes
for the purpose of constructing and maintaining pools,
lakes, reservoirs, waterways, dams, and canals for
irrigation and for purchasing improvements;
Sec. 1474.001 et seq.
County is authorized to own and construct reservoirs,
dams, levees, wells and canals, and other
improvements and to acquire the necessary rights-of-
way and other lands by purchasing or condemnation;
Sec. 1474.151
Shall exercise control and management of affairs and
operation of the irrigation system and shall operate
under the powers assigned to directors of water
improvements districts;
Sec. 1474.152
May issue bonds for the improvement of rivers, creeks,
and streams to prevent overflow and for all necessary
drainage purposes;
Sec. 1474.004
May recover legal fees in government contracts for
public works, supplies, materials, or equipment;
Sec. 2252.904
In counties under 125,000, may participate in rural
technology center grant program of state office of Rural
Affairs;
Sec. 487.751 et seq.
May participate in regional planning for delivery of
mutual aid during disasters;
Chapter 418
Enterprise zones;
Chapter 2303
Prevailing wage rates for public works;
Chapter 2258
Comply with limitations and procedures for use of
eminent domain power in acquisition of property;
Chapter 2206
Transportation Code
Annual report submitted by auditor to state comptroller
regarding county road expenditures;
Sec. 256.009
May create commuter rail district for service to border
counties;
Chapter 174
59
COUNTY COMMISSIONERS COURT
AUTHORITY
13. PUBLIC WORKS, continued
Natural Resources Code
Creation of beach park board of trustees for Gulf Coast
counties;
Chapter 62
Lease of county property for mineral development
including coal and lignite;
Chapter 71
Protection of Gulf Coast beach dunes;
Chapter 63
Parks and Wildlife Code
Regulation of wildlife through development of regional
habitat conservation plans for endangered species;
Sec. 83.011 et seq.
Property Code
Notice of possible public improvement district
assessments for districts under Local Government
Code chapter 372;
Sec. 5.014
Exemption of real property held by the county from
attachment, execution, and forced sale;
Sec. 43.002
Government Code
Annual reports to comptroller for eminent domain
databases;
Sec. 2206.151 et seq.
Health and Safety Code
May acquire land on which to locate public dumping
and garbage disposal grounds through use of general
fund;
Sec. 364.014
May operate solid waste facilities;
Sec. 361.151 et seq.
May acquire, construct, operate, or maintain all or part
of one or more solid waste disposal systems and may
contract for its collection, transportation, and handling
by a person for the county;
Sec 364.013
May make recommendations to Environmental Quality
Commission to bring enforcement actions for clean air
act;
Sec. 382.112
A county may execute a cooperative agreement with
the Texas Environmental Quality Commission or with
local governments (1) to provide for the performance of
air quality management, inspection, and (2) for the
transfer of money or property for the functions cited;
Sec. 382.115
May issue revenue bonds for the purpose of acquiring,
constructing, and improving air pollution control
facilities and their real property;
Sec. 383.021
60
COUNTY COMMISSIONERS COURT
AUTHORITY
13. PUBLIC WORKS, continued
Health and Safety Code
Regulation of litter under Texas Litter Abatement Act;
Chapter 365
Establishment of local health units and health
authorities pursuant to Local Public Health
Reorganization Act;
Chapter 121
Establishment of county hospital authority;
Chapter 264
May establish license procedures for private sewage
facilities;
Chapter 366
Agriculture Code
May use county equipment in soil conservation and to
prevent erosion;
Sec. 201.151
May establish agricultural experiment farm and station;
Sec. 43.002
May issue bonds with voter approval for acquiring land
and construction thereon for an agricultural experiment
station and lease such to the state or US government;
Sec. 43.017
May establish and conduct cooperative demonstration
work in agricultural and home economics with Texas
A&M;
Secs. 43.031–43.033
May solely establish, implement, and conduct a
program for the eradication or control of the fire ant or
work in conjunction with other public or private
programs;
Sec. 77.001 et seq.
Water Code
Upon petition, may create water control and
improvement districts for improvements and
construction for irrigation, navigation, drainage, and the
preservation and conservation of natural resources
within the county;
Chapter 51
May conduct hearing and election, upon petition, for
creation of fresh water supply districts to conserve,
transport, and distribute fresh water from any sources
for domestic and commercial uses;
Chapter 53
May conduct hearing and election to create water
improvement districts to provide for irrigation and
furnish water for domestic and commercial uses;
Chapter 55
61
COUNTY COMMISSIONERS COURT
AUTHORITY
13. PUBLIC WORKS, continued
Water Code
May conduct hearing and election to create levee
improvement districts to construct and maintain levees
along rivers, creeks, and streams; reclaim lands from
stream overflows; provide for proper drainage;
Chapter 57
May conduct hearing and election to create navigation
districts to improve rivers, bays, canals and other
inland water; construct canals and waterways to permit
navigation;
Chapter 61
May conduct hearing and election to create navigation
districts to improve and conserve inland and coastal
water for navigation;
Chapter 62
May conduct hearing and election to create self-
liquidating navigation districts;
Chapter 63
May have the opportunity to submit an opinion to the
Texas Environmental Quality Commission for
consideration prior to passing on a MUD request for a
bond issue to finance a district project;
Sec. 54.5161
Conduct hearing to create irrigation districts;
Chapter 58
Conduct hearings to create drainage districts;
Chapter 56
Shall adopt orders necessary for eligibility to participate
in the National Flood Insurance Program;
Sec. 16.3145
Eligibility for grants and loans under the state flood
infrastructure fund program.
Sec. 15.531 et seq
14. JUVENILES
Local Government Code
May impose juvenile curfews for unincorporated
territory of county;
Sec. 351.903
Human Resources Code
May accept state aid for the acquisition of post-
adjudication residential or day-treatment juvenile
centers;
Sec. 223.006
Establishment of detention homes and parental
schools for delinquent juveniles;
Chapters 62, 63
Creation and funding of juvenile boards;
Chapter 152
May review budget for juvenile probation departments
submitted by juvenile board;
Sec. 152.0012
62
COUNTY COMMISSIONERS COURT
AUTHORITY
14. JUVENILES, continued
Texas Family Code
May create local data advisory board in connection
with juvenile justice information system;
Sec. 58.111
Appointment of child welfare board;
Sec. 264.005
Establishment of children’s advocacy centers;
Sec. 264.402 et seq.
Contracts with state Department of Family and
Protective Services for foster care;
Sec. 264.101 et seq.
Child abuse prevention and protection plan required for
state expenditures;
Sec. 264.010
County participation in integrated statewide system for
enforcement of child support and medical support;
Chapter 231
Participation in county advisory work group for Title IV-
D services;
Sec. 231.012
Education Code
Requirements of juvenile board regarding student code
of conduct, juvenile justice alternative education
programs; state approval required for counties over
125,000 population.
Chapter 37
63
COUNTY JUDGE
Overview .....................................................................................
64
1. Description of Office ....................................................................
65
2. Elections ......................................................................................
General Responsibility
Purpose of Elections
Conditions of Elections
65
3. Financial Responsibilities ............................................................
Budgets and Reports
Fees and Accounts
66
4. Personal Bond and Sureties ........................................................
68
5. Administration of County Court ...................................................
68
6. Mental Health ..............................................................................
69
7. Special Districts ...........................................................................
70
8. General Administrative Duties .....................................................
71
64
COUNTY JUDGE
The county judge is both presiding officer of the commissioners court (Tex. Const.
Art. V, Sec. 18) and judge of the county court (Tex. Const. Art. V, Sec. 15). As
such, the judge is often thought of as the chief executive officer of the county.
The duties of the county judge vary depending on the population of the county. In
most rural counties, the judge has broad judicial responsibilities and is often the
principal source of information and assistance.
The judge's duties as part of the commissioners court are detailed in the section
on the court. It is incumbent upon the judge, as presiding officer of the
commissioners court, to carefully abide by statutes requiring that meetings of
governmental bodies be open to the public. Additional specific statutory charges
are enumerated in the following: elections, finance, bonds and sureties, court
operations, mental health, special districts, and general administration.
65
COUNTY JUDGE
AUTHORITY
1. DESCRIPTION OF OFFICE
Government Code
Post bond, payable to treasurer, to be approved by
commissioners court;
Sec. 26.001
Appointment of special judges;
Secs. 26.011 - 26.028
Appointment of acting county judge by commissioners
court if incumbent suspended;
Sec. 26.017
Texas Constitution
Vacancies in judicial offices.
Art. V, Sec. 28
2. ELECTIONS
The county judge has a variety of responsibilities
associated with the holding of elections.
Local Government Code
Issue certificate of election to officers elected in
creation and organization of new county;
Sec. 71.023
Declare office of treasurer vacant if elected person fails
to make bond within specified time;
Sec. 83.004
Call election related to change in county territory;
Sec. 71.011
Call election in newly created county by judge from
which county derived;
Sec. 71.023
Receive results of election; certify and transmit to
speaker of house of representatives;
Sec. 71.012
Declare results of election to relocate county seat;
Sec. 73.014
Election Code
May not certify ineligible persons as elected;
Sec. 67.016
Serve as member of county election board;
Sec. 51.002
May order elections;
Sec. 3.004
May declare election void in case of a tie and order
another election;
Sec. 2.002
Receive returns from election for use in official canvass
of results;
Chapter 66
Canvassing procedures;
Chapter 67
Certify elections after votes canvassed;
Sec. 67.016
May verify petition signatures;
Sec. 141.069
66
COUNTY JUDGE
AUTHORITY
2. ELECTIONS, continued
Election Code
Provide bilingual election materials in English and
Spanish;
Chapter 272
Order county election stating date, offices, etc.;
Sec. 3.004
Require posting of notice of election;
Secs. 4.001−4.007
Have order for election delivered to precinct judges;
Sec. 4.007
Hold special elections for US Congress and for
members of legislature;
Chapters 203, 204
Certification of runoff candidates in election;
Sec. 2.027
Supervise the casting of lots for tie vote in runoff;
Sec. 2.028
Ordering elections;
Chapter 3
Giving notice of upcoming election;
Chapter 4
May contract with political subdivisions or parties to
hold elections;
Secs. 31.091−31.100
Water Code
Accept petition for election of directors for levee
improvement districts;
Sec. 57.060
Call meeting for election of navigation district
commissioners;
Sec. 61.158
Agriculture Code
Carry out election required for weather modification
activities;
Sec. 301.001 et seq.
3. FINANCIAL RESPONSIBILITIES
The county judge has certain financial responsibilities.
Local Government Code
Receive applications for designation as county
depository;
Sec. 116.023
Include revenue estimate from taxes in proposed
budget;
Sec. 111.004
File copy of proposed budget with clerk;
Sec. 111.006
May require information from any county officer when
necessary to budget preparation;
Sec. 111.005
Serve as budget officer assisted by auditor and county
clerk;
Sec. 111.002
67
COUNTY JUDGE
AUTHORITY
3. FINANCIAL RESPONSIBILITIES, continued
Local Government Code
Make report at each regular meeting of commissioners
court of any money collected for county;
Sec. 114.044
Report on money collected must follow statutory
format;
Sec. 114.044
Sign or attest order for payment issued against county
treasurer or have clerk perform this responsibility;
Sec. 113.042
Sign and approve requisition for purchase of materials
before claim can be honored by auditor;
Sec. 113.901
Approve resolution by commissioners court to hire
accountant for independent audit;
Sec. 115.031
Keep accounts of all monies accruing to office;
Sec. 114.041
Charge fees as specified in statute;
Sec. 118.101
Government Code
Sign statement prepared each term reporting all jury
fees and fines collected;
Art. 51.402
Sign bonds issued by county before delivery;
Sec. 1301.002
Must keep fee book and observe other regulations;
Chapter 603
Health and Safety Code
Pay bounties authorized by commissioners for
destruction of certain animals in certain counties;
Chapter 825
Set allowable fees for court-appointed attorneys and
physicians in mental health proceedings;
Sec. 571.017
Agriculture Code
Approve payment on expenses of county agricultural
experiment farm and station.
Sec. 43.016
68
COUNTY JUDGE
AUTHORITY
4. PERSONAL BOND AND SURETIES
The county judge has specific responsibilities for
setting and receiving bond or sureties for certain
county officials and other persons.
Local Government Code
Approve bond from commissioners;
Sec. 81.002
Accept bond of tax assessor-collector deputies for
branch offices;
Sec. 292.028
Approve oath and bond for county surveyors;
Sec. 72.005
Accept bond from county treasurer;
Sec. 83.002
Receive bond for subdivision road construction set by
commissioners court;
Sec. 232.004
Transportation Code
Accept bond from road commissioners;
Sec. 252.104
Accept bond from road superintendent;
Sec. 252.204
Accept bond from operator of ferry;
Sec. 342.104
Water Code
Accept appeal bond regarding levee improvement
districts;
Sec. 57.022
Accept bond for navigation district commissioners.
Sec 61.076
5. ADMINISTRATION OF COUNTY COURT
The county judge has certain administrative
responsibilities associated with the operation of the
county court.
Local Government Code
Hold commissioners court at county seat;
Sec. 81.005
Maintain offices at county seat, keep records at county
seat;
Sec. 291.002 et seq.
Presiding officer of commissioners court;
Sec. 81.001
Practice of law in connection with a substantial interest
of a business entity;
Sec. 171.010
May hold court in auxiliary courthouses;
Sec. 292.002
69
COUNTY JUDGE
AUTHORITY
5. ADMINISTRATION OF COUNTY COURT (continued)
Occupations Code
Serve as member of county bail bond board in counties
over 110,000;
Sec. 1704.053
Government Code
Constitutional county court, generally;
Chapter 26
Participate in selection of jury lists;
Sec. 62.004 - 62.007
Select jury panel; require additional prospective jurors
to be notified;
Sec. 62.015
May appoint counsel for any party making affidavit in
inability to employ counsel;
Sec. 26.049
Employ stenographers or clerks where approved by
commissioners court;
Sec. 55.001
Not permitted to practice law in court with original or
appellate jurisdiction;
Sec. 82.064
Appoint clerk pro tem when county clerk is party to
proceeding;
Sec. 51.401
Appoint court reporter.
Sec. 52.041
6. MENTAL HEALTH
The county judge has certain duties in the area of
preservation or promotion of mental health.
Health and Safety Code
Determine relative private/public nature of records filed
with clerk in allowing or prohibiting inspection of
records of mentally ill;
Sec. 571.015
Request county attorney to represent state in
commitment hearing;
Sec. 571.016
Set allowable fees for court-appointed attorneys and
physicians;
Sec. 571.017
May file application for temporary hospitalization on
behalf of person;
Sec. 574.001 et seq.
Require examination by two physicians;
Sec. 574.009
70
COUNTY JUDGE
AUTHORITY
6. MENTAL HEALTH (continued)
Health and Safety Code
In indefinite commitment proceeding may:
Hold hearing;
Set new trial;
Stay order for commitment;
Direct clerk to issue writ of commitment;
Hold hearings for commitment of drug abusers;
Return to home county person released from state
mental retardation facility;
Conduct hearing to determine liability for payment for
care of child in state institution.
Sec. 574.031; 574.032
Sec. 574.067
Sec. 574.070
Sec. 574.046
Sec. 462.061
Sec. 571.008
Sec. 552.019
7. SPECIAL DISTRICTS
The county judge has certain responsibilities
associated with creation and operation of special
districts.
Health and Safety Code
Participate in creation of hospital districts, sign bonds
issued, sell bonds;
Chapters 282, 283
Water Code
Designate cemetery for re-interment necessitated by
eminent domain proceedings of waters districts;
Sec. 49.224
Call hearing on creation of single-county water control
and improvement district;
Sec. 51.017
Duties regarding levee improvement district; set
hearing if commissioners court not in session;
Sec. 57.014
Accept appeal bond;
Sec. 57.022
Creation of district;
Sec. 57.011 et seq.
Accept petition for election of levee directors;
Sec. 57.060
Call meeting for election of navigation district
chairman;
Sec. 61.158
May not have interest in contract with navigation
district when serving on board.
Sec. 61.119
71
COUNTY JUDGE
AUTHORITY
8. GENERAL ADMINISTRATIVE DUTIES
The county judge has various general administrative
responsibilities.
Local Government Code
Preside over commissioners court;
Sec. 81.001 and Tex.
Const. Art. V, Sec. 18
In border counties over 800,000, may delegate duties
to a county commissioner;
Sec. 81.029
Fill vacancy in commissioners position;
Sec. 87.042
Upon petition order election to relocate county seat;
Secs. 73.011; 73.013
Order election for location of county seat;
Sec. 73.001
Maintain offices at county seat, keep all records at
county seat;
Secs. 291.002; 292.003
Execute conveyance of land to US Government as
prescribed by commissioners court;
Sec. 263.201 et seq.
May appoint a county industrial commission;
Sec. 381.001
In conjunction with district judges of the county may
appoint a purchasing agent;
Sec. 262.011
Transportation Code
May issue temporary license to operator of ferry until
next meeting of commissioners court;
Sec. 342.106
Government Code
Give notice of meetings; prohibit illegal closed
meetings;
Chapter 551
Serve on county emergency board when created by
governor for purposes of drafting state militia;
Sec. 431.072
Declaration of local disasters;
Sec. 418.108
May receive copies of Texas Register containing state
rules and regulations;
Sec. 2002.015
Request legal assistance from the attorney general
following disasters;
Sec. 418.195
Human Resources Code
Serve on juvenile board when created;
Chapter 152
72
COUNTY JUDGE
AUTHORITY
8. GENERAL ADMINISTRATIVE DUTIES, continued
Health and Safety Code
Pay bounties authorized by commissioners for
destruction of certain animals in certain counties;
Chapter 825
Permit removal of organs of deceased persons upon
qualified request of organ procurement organization;
Sec. 693.002
Mass gathering permits;
Sec. 751.001 et seq.
Appoint local registrar of births, as representative of
State Department of Health;
Sec. 191.022
Alcoholic Beverage
Code
May protest application for alcoholic beverage permit
or license;
Secs. 11.432; 61.314
Texas Family Code
May conduct marriage ceremonies.
Sec. 2.202
73
COUNTY TAX ASSESSOR-COLLECTOR
Overview .....................................................................................
74
1. Description of Office ....................................................................
75
2. Calculation of Taxes ....................................................................
Property General
Special Purpose Property
75
3. General Law Districts ..................................................................
77
4. Motor Vehicle Registration ..........................................................
77
5. Voter Registration........................................................................
78
6. Taxing and Financial Responsibilities .........................................
78
7. Operation of Office ......................................................................
79
8. Collection and Reporting of Taxes Collected ..............................
80
9. Tax Delinquency, Deferred Payments, Seizure of Property .......
81
10. Postappeal Administrative Procedures .......................................
82
11. Miscellaneous ..............................................................................
82
74
COUNTY TAX ASSESSOR-COLLECTOR
The tax assessor-collector is a constitutionally required office for counties over
10,000 population (Tex. Const. Art. VIII, Sec. 14). In smaller counties the office
may be created by a majority of the voters, or, as is the case in some Texas
counties, the sheriff may perform the duties (Tex. Const. Art. VIII, Sec. 16, 16a).
In the past, the tax assessor-collector determined the value of property and
collected taxes within the county. This office could also contract with other
governmental units to perform the same services. However, effective on January
1, 1982, state law required that counties participate in a single appraisal district
(Tex. Const. Art. VIII, Sec. 18). Under the revision, many duties regarding property
taxes which were performed by the county tax assessor-collector, such as
appraisal, became duties of the office of the chief appraiser of the districts.
Currently, the county tax assessor-collector is to assess and collect taxes on
property in the county for the county and, under certain conditions, for another
taxing unit (Tax Code Sec. 6.23).
Tax assessor-collector functions under Texas Tax Code, as enacted in 1979 and
amended in later years, are enumerated on the following pages. Also listed are the
office's responsibilities for motor vehicle registration, voter registration, and other
taxing and financial duties.
75
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
1. DESCRIPTION OF OFFICE
Duties of assessor and collector in local administration.
Tax Code
Assessor-collector shall assess and collect taxes on
property in county for county (under certain conditions
for other taxing units);
Sec. 6.23(a)
Collection and assessment may be done for county by
another taxing unit by contract with the approval of the
assessor-collector and the commissioners court;
Sec. 6.24(b)
Receive from chief appraiser certified estimate of total
appraised value of all property in district; have access
to appraisal records;
Sec. 25.20
Satisfy continuing education requirements.
Sec. 6.231
2. CALCULATION OF TAXES
The county tax assessor-collector calculates taxes on
property in the county, including county tax on
agricultural land, timberland, and railroad rolling stock.
Tax Code
A. Property in General
Receives from chief appraiser the appraisal roll for
county taxes;
Sec 26.01(b)
On receipt of appraisal roll, assessor shall determine
total appraised, assessed, and taxable value of
property in taxing unit, plus value of new property;
Sec 26.04(a)
Shall submit appraisal roll for tax purposes showing
total appraised, assessed, and taxable values of all
properties including new property;
Sec. 26.04(b)
Shall add properties and values of Chapter 24
(agriculture, timber, rolling stock) to appraisal rolls and
use combined values to calculate county taxes;
Sec. 26.09(b)
Shall enter amount of tax appraisal roll and submit to
governing body to constitute the unit's tax roll;
Sec. 26.09(e)
76
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
2. CALCULATION OF TAXES, continued
Tax Code
Shall submit, to governing body of taxing unit within
practicable time after receipt from the chief appraiser,
appraisal roll for new units created during tax year;
Sec. 26.12(c)
Assess and collect taxes on a consolidated unit;
Sec. 26.13(c)
Shall enter changes made on appraisal roll to tax roll
as provided by Sec. 25.25 of the Property Tax Code;
Sec. 26.15(b)
May motion for changes to correct mathematical errors
to governing body of tax unit and enter corrections
ordered;
Sec. 26.15(c)
Shall prepare and make corrected statement with
explanation to taxpayer;
Sec. 26.15(d)
After tax is paid, assessor shall prepare and mail
corrections which increase tax liability;
Sec. 26.15(e)
Changes may be made to tax roll at any time to correct
name, address, or description of property, or other
clerical errors not affecting amount of tax liability; after
the chief appraisal roll prepared;
Sec. 25.25
Posting of county tax rate on Internet website;
Sec. 26.16
B. Special Purpose Property
Agricultural Land
Calculate the tax that could be imposed on market
value as well as tax on agricultural value;
Sec. 23.46(b)
If designation of land changed to nonagricultural use,
calculate tax deferred for three years before, plus
interest, prepare and deliver a statement for those
additional taxes plus interest;
Sec. 23.46(c)
Prepare statements for additional taxes if land use
changes;
Sec. 23.55(e)
Timberland
Prepare statements for additional taxes for change in
use of land;
Sec. 23.76(e)
Railroad Rolling Stock
May not change apportioned values certified by the
Comptroller;
Sec. 24.39
Add rolling stock value apportioned to county to tax
rolls;
Sec. 24.39
Calculate county taxes on rolling stock;
Sec. 24.39
77
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
3. GENERAL LAW DISTRICTS
The county tax assessor-collector may serve several
general law districts.
Water Code
Subject to certain provisions for disqualification;
Sec. 49.059
Assess and collect taxes for navigation district.
Sec. 61.237; 62.251
4. MOTOR VEHICLE REGISTRATION
The county tax assessor-collector is responsible for
motor vehicle registration.
Transportation Code
Collect the extra vehicle registration fee if imposed by
commissioners court;
Sec. 502.401
Register motor vehicle for TxDOT;
Chapter 502
Issue certificate of title for automobile purchasers and
owners;
Sec. 501.027
May temporarily invest motor vehicle fees before
remittance to the state;
Sec. 501.138
May deputize individual or business to register motor
vehicles and transfer titles;
Sec. 520.0071
Transfer of vehicle registration on second-hand autos;
Sec. 501.145 et seq.
Parks and Wildlife Code
Receive applications and issue certificates of numbers
(and renewal certificates) for motorboats;
Secs. 31.024; 31.025;
31.0341
Issue certificates of title for motorboats or outboard
motors;
Secs. 31.046
Disposition of fees collected for certificate of title;
Sec. 31.048
Government Code
May have access to criminal history information for
motor vehicle title service license;
Sec. 411.14065
78
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
4. MOTOR VEHICLE REGISTRATION, continued
Tax Code
Collect motor vehicle sales and use tax;
Sec. 152.041
Register motor vehicle purchased for rental;
Sec. 152.061
Affidavits, sales invoices, and any substantiating
materials as to required statements;
Sec. 152.062
Calculation of county retention of motor vehicle sales
tax collections;
Sec. 152.123
Receipts and disposition of collections.
Sec. 152.064
5. VOTER REGISTRATION
The county tax assessor-collector may be responsible
for voter registration.
Government Code
Provide list of voters to use in selecting names for jury
wheel;
Sec. 62.001
Election Code
Register voters unless otherwise directed by
commissioners court with approval of county clerk and
assessor-collector;
Sec. 12.001
Procedures for voter registration.
Secs. 13.001 - 13.146
6. TAXING AND FINANCIAL RESPONSIBILITIES
Local Government Code
Deposit all taxes collected in designated county
depository;
Sec. 116.002
Accounts of tax collector kept in treasury;
Sec. 112.031
Receipts due to clerk from tax assessor-collector;
Sec. 112.032
Commission due collector;
Sec. 112.032
Receipt for commissions paid by county;
Sec. 112.032
Treasurer receipt for money deposited;
Sec. 112.032
Compile and submit list of delinquent tax accounts to
commissioners court;
Sec. 112.033
Collect occupation tax;
Sec. 112.035
79
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
6. TAXING AND FINANCIAL RESPONSIBILITIES,
continued
Local Government Code
Deliver tax rolls and records to the successor;
Sec. 112.034
Keep accounts of all monies accruing to office;
Sec. 114.041
May accept check or credit card for payment of certain
taxes;
Sec. 130.002
Government Code
Collect taxes assessed to pay for road bonds in same
manner as other taxes;
Chapter 1471
Payments in lieu of taxes made by federal government
may be remitted through comptroller;
Sec. 403.0121
Health and Safety Code
Assess and collect taxes for hospital district;
Chapters 282, 283
Tax Code
File reports with governmental units on collections;
Sec. 31.10
Refund overpayment or erroneous payments;
Sec. 31.11
May disregard exemptions (elderly, disability,
homestead) for tax pledged for payment of a debt;
Sec. 11.13(i)
May collect taxes on tangible personal property as
approved by commissioners court.
Sec. 11.14
7. OPERATION OF OFFICE
Miscellaneous statutes affect the operation of county
tax assessor-collector's office.
Local Government Code
Must maintain an office at county seat;
Sec. 291.002
May have branch office;
Sec. 292.003
Government Code
Serve on county emergency board when created by
governor for purpose of drafting militia.
Sec. 431.072
80
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
8. COLLECTION AND REPORTING OF TAXES
COLLECTED
The county tax assessor-collector is responsible for the
collection of taxes on property within the county and for
reporting the taxes collected.
Tax Code
Prepare and mail tax bill to property owners;
Sec. 31.01
Mail bill for Permanent University Fund land to state
comptroller (and collects tax from comptroller);
Sec. 31.01(b)
May include taxes due for more than one unit in one
bill, but must include information about tax for each
unit;
Sec. 31.01(e)
Notifies governing taxing bodies if delinquency date
postponed because of late mailing;
Secs. 31.04(b)
May adopt policy accepting partial payment;
Sec. 31.07(c)
May accept payment by credit card;
Sec. 31.06
Upon request, issue certificate showing amount of
delinquent taxes, penalties, interest, and charges fee
for certificate (for treasury of taxing unit);
Sec. 31.08(a)
Each month, prepares and submits written report to
governing body for all taxes collected in previous
month;
Sec. 31.10(a)
Prepares annual report for collected and delinquent
taxes for past year;
Sec. 31.10(b)
Deposits taxes at least monthly in unit's depository;
Sec. 31.10(c)
Issues tax receipt to any person authorized to pay
another's taxes; notes other person making payment
and keeps record of tax liens transferred;
Sec. 32.06(b)
Local Government Code
Preparation of budget for special funds maintained and
controlled by tax assessor;
Sec. 111.095
Maintenance of accounts and tax roll records.
Sec. 112.031 et seq.
81
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
9. TAX DELINQUENCY, DEFERRED PAYMENTS,
SEIZURE OF PROPERTY
The county tax assessor-collector is responsible for
delinquency notification, deferred payment collection,
and initiating action for seizure of property for unpaid
tax bills.
Tax Code
A. Delinquent Taxes
May make 36-month agreement for payment of
delinquent taxes;
Sec. 33.02(a)
Prepares current and cumulative delinquent tax roll
each year;
Sec. 33.03
Delivers notice of delinquency to each person on list
at least once a year;
Sec. 33.04
B. Seizure of Property
If taxable property is about to be removed or no
other personal property is available to satisfy the
tax, collector determines property is subject to
seizure;
Sec. 33.21
May apply for tax warrant in any court in the county
in which person is liable (several collectors may
apply together);
Sec. 33.22(a)
May apply for warrant at any time;
Sec. 33.22(b)
Under tax warrant, seizes personal property;
Sec. 33.23(a)
Takes possession of such property pending its sale;
Sec. 33.23(c)
Must approve collection of cash or surety bond to
prevent seizure of property;
Sec. 33.24
After seizure, makes reasonable inquiry to
determine any person with interest in property other
than delinquent taxpayer and delivers notice of time
and place of sale, and description of property to be
sold to interested parties;
Sec. 33.25
May receive payment for redemption of land by
owner who cannot locate tax-sale purchaser; on
demand, shall pay money back to purchaser.
Sec. 34.21
82
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
10. POST APPEAL ADMINISTRATIVE PROCEDURES
The county tax assessor-collector is responsible for
certain post appeal administrative procedures.
Tax Code
Shall correct tax roll and other records to reflect final
determination;
Sec. 42.41
Shall prepare corrected tax bill after appeal, plus
explanation (when taxes are increased and the smaller
amount was paid previously).
Sec. 42.42
11. MISCELLANEOUS
Tax Code
Definition of assessor--officer or employee responsible
for assessing property taxes as provided by Chapter
26 for a taxing unit;
Sec. 1.04(14)
Definition of collector--officer or employee responsible
for collecting property taxes for a taxing unit;
Sec. 1.04(15)
Assessor may have appraisal roll or tax roll of a taxing
unit retained in electronic data equipment (but must
retain physical document);
Sec. 1.10
Standards, education, and training for appraisal office
are the responsibility of comptroller, which is also
responsible for professional and technical assistance
to assessor-collector;
Secs. 5.03; 5.04; 5.08
Assessor of taxing unit is chief appraiser if taxing unit
performs the duties of an appraisal office pursuant to a
contract;
Sec. 6.05(c)
County assessor-collector determined by Article VIII,
Sections 14,16, 16a, of Texas Constitution. For other
than county or for home-rule city, see exceptions in
Sec. 6.22(a) and (b);
Sec. 6.21(a)
Entitled to reasonable fee (not exceeding actual costs
incurred) for collecting taxes for another taxing unit;
Sec. 6.27(b)
Elected or appointed assessor-collector must give
bonds to state and county (amounts vary for state
taxes, county taxes, and other taxing units--see Sec.
6.28(b)-(c) and 6.29(b).
Sec. 6.28
83
COUNTY TAX ASSESSOR-COLLECTOR
AUTHORITY
11. MISCELLANEOUS, continued
Civil Practice and
Remedies Code
Authority to acknowledge written instruments.
Sec. 121.001
84
County Clerk
Overview .....................................................................................
85
1. Description of Office ....................................................................
86
2. Elections ......................................................................................
86
3. Recording Duties .........................................................................
Budgets
Real Estate Instruments
Bonds and Licenses
Other
88
4. Financial Records........................................................................
Budgets
Fees
Funds and Deposits
Accounts of County Officials
92
5. Administrative Duties...................................................................
95
6. Miscellaneous ..............................................................................
97
85
COUNTY CLERK
The county clerk is the clerk for the county courts, including probate courts, and
the commissioners court. The clerk is also the recorder for the county (Tex. Const.
Art. V, Sec. 20). All instruments filed for record are done so in the clerk's office.
The clerk carries out elections for the county, issues marriage licenses, and
maintains vital statistics.
86
COUNTY CLERK
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Make bond, take oath of office, secure errors and
omissions insurance;
Secs. 82.001; 82.003
May appoint deputies;
Sec. 82.005
Serve as clerk of commissioners court;
Sec. 81.003
Maintain office at county seat;
Sec. 291.002
Maintain office at auxiliary courthouse and facilities but
also keep office at county seat;
Sec. 292.004
Government Code
May issue marriage licenses; administer all oaths and
affirmation; take affidavits and depositions;
Sec. 51.402
Use seal of county court by joint clerk to authenticate
actions of county clerk;
Sec. 51.502
In counties with fewer than 8,000 population, office of
district clerk is combined with county clerk unless
voters authorize separate offices (counties between
5,800 and 5,900 excepted);
Sec. 51.501
Not permitted to practice law in court with original or
appellate jurisdiction.
Sec. 82.064
2. ELECTIONS
The county clerk has overall responsibility for the
holding of elections.
Local Government Code
Hold election for authorization to create civil service
commission;
Sec. 158.001 et seq.
May hold referendum concerning property in counties
under 40,000;
Sec. 291.007
Government Code
Notify secretary of state of county and precinct officers
elected;
Sec. 601.006
Publish and post notice of road district; petition for
bond election;
Sec. 1471.016
Post notice of road district bond election;
Sec. 1471.018
87
COUNTY CLERK
AUTHORITY
2. ELECTIONS, continued
Election Code
Receive necessary forms from secretary of state;
Secs. 31.002; 67.009
Receive certified list of candidates from secretary of
state;
Sec. 161.008
May contract with political subdivisions or parties to
hold election;
Secs. 31.091–31.100
Furnish secretary of state with map showing
boundaries of election precincts;
Sec. 42.037
May conduct training program for election officers;
(Title 3 of Election Code enumerates election officers);
Secs. 32.113; 32.114
Early voting procedures;
Title 7
Maintain record for public inspection of persons
applying for early ballot;
Sec. 81.004
May register voters when authorized by commissioners
court with approval of the tax assessor-collector;
Sec. 12.031
Serve as chairman of election board;
Sec. 51.002
Tabulate unofficial returns;
Sec. 66.056
Receive election returns from precinct and hold in
office for public inspection for 60 days (except when
federal office is on ballots, records must be maintained
for 22 months);
Secs. 66.051–66.058
Receive all unused election supplies;
Secs. 66.062
Transmit copy of returns after votes canvassed to
secretary of state in certain elections;
Secs. 67.007; 67.017
On election day, transmit periodically to the secretary
of state the results of races;
Secs. 68.034
Certify name of elected party precinct chairman;
Sec. 172.118
Work with executive committees of political parties in
nomination process and primary election;
Sec. 172.111 et seq.
Use rules to determine residence;
Sec. 1.015
Procedures for voter registration;
Secs. 13.001–13.146
Procedures relating to official ballot;
Secs. 52.001–52.095
Procedures in arrangement and expenses of election
including voting booths and ballot boxes;
Secs. 51.001–51.036
88
COUNTY CLERK
AUTHORITY
2. ELECTIONS, continued
Election Code
Receive lists of party county chairmen and precinct
chairmen certified by chairmen of the county
committee;
Sec. 172.118
Receive appointment of campaign treasurer for filing;
Sec. 252.005
File financial statements from candidates;
Sec. 254.066
Determination of validity of signatures on petition;
Chapter 277
Conduct joint elections with other political subdivisions;
Secs. 271.001–271.014
Agriculture Code
Carry out election required for authorization of weather
modification activities.
Sec. 301.156
3. RECORDING DUTIES
The county clerk has extensive recording
responsibilities. (Financial records are enumerated
under the clerk’s financial responsibilities.)
Local Government Code
Must keep records in conformance with the Local
Government Records Act;
Chapter 201
File copy of proposed budget and make available for
inspection by taxpayers;
Secs. 111.006;111.037;
111.066
File copy of approved budget (and city budgets) and
any subsequent amendments;
Secs. 102.009; 111.009;
111.040; 111.069
File records in condemnation proceedings regarding
conveyance of land to U.S. government for flood
control;
Sec. 263.201
Appointment of members of Board of Park
Commissioners to be filed with county clerk;
Sec. 320.024
Record appointment of deputy sheriffs;
Sec. 85.003
Maintain records in a single class, or divide records
into seven categories for microfilming and keep
indexed;
Secs. 193.002; 193.008
Use seal of county court as seal of county recorder in
official acts;
Sec. 191.001
Provide attested copies of all papers recorded in office
as demanded and charge fees as law provides;
Sec. 191.004
89
COUNTY CLERK
AUTHORITY
3. RECORDING DUTIES, continued
Local Government Code
Transcribe records for newly created county;
Sec. 192.003
Shall reflect changes in municipal boundaries on any
official county map kept;
Sec. 41.0015
Require specification of legal papers for filing and
recording;
Sec. 191.007
Accept records for electronic filing in compliance with
rules adopted by State Library and Archives
Commission.
Sec. 191.009
Filing of financial disclosures by county officers
pursuant to electronic mail;
Chapter 159
Family Code
Furnish and record marriage licenses;
Sec. 2.001 et seq.
Issuance of certificates of informal marriage;
Sec. 2.402
Issuance of marriage licenses and permits;
Sec. 2.009
Occupations Code
File affidavits regarding posting of bailbond;
Sec. 1704.207
Receive notice from state regarding practicing
midwives in county;
Sec. 203.157
Transportation Code
File statement of intent, including location and
description, to build bridge, causeway, etc., over any
arm of the Gulf of Mexico;
Sec. 341.004
Issue notice directing landowners affected by
neighborhood roads to be summoned and file orders
establishing;
Sec. 251.053
Receipt of notice from Transportation Commission
regarding issuance of oversized or overweight vehicle
permits;
Sec. 623.013
File petition of taxpayers requesting drainage work;
Sec. 254.002
Government Code
File and record bond of district clerk;
Sec. 51.302
90
COUNTY CLERK
AUTHORITY
3. RECORDING DUTIES, continued
Property Code
Duties as recorder; Subject to penalty for failing to
record;
Sec. 11.004
May accept for recording documents properly
acknowledged or sworn to;
Sec. 11.004
Instruments to be filed with clerk: all deeds, mortgages,
conveyances, deeds of trust, bonds for title, covenants,
defeasances, or other instruments concerning lands,
tenements, or goods, and chattels or movable property
of any description;
Sec. 12.001 et seq.
Maintain condominium record-books recording master
deeds, leases, or declarations;
Sec. 81.103
Maintain book of liens on property--record affidavits for
securing lien, index, cross-index records;
Sec. 53.052
Record master form of mortgage and deeds of trust;
Sec. 12.009
May not file maps or plats of subdivisions without
approval of commissioners court or of city governing
body;
Sec. 12.002
Contract filed with clerk necessary for lien on
homestead;
Sec. 53.254
File contract and bond to pay lien and claims;
Sec. 53.203
File declaration of homestead for exemption purposes;
designation;
Secs. 41.022; 41.023
Receive judgment in justice of the peace court and
partition of land under court order; file in office;
Secs. 12.005; 12.015
Receive lis pendens notice of suit for land to be filed;
Sec. 12.007
File record of injuries related to hospital or clinic lien for
services;
Secs. 55.005; 55.006
File, index, and number certificates of redemption of
US government;
Sec. 12.011
May accept filings of federal tax and other liens;
Chapter 14
Must accept for recording executory contracts for deed;
Sec. 5.076
Accept for recording any paper or tangible copy of an
electronic record;
Sec. 12.0013
Business Organizations
Code
File decree on revocation of certificate of authority,
foreign nonprofit corporations;
Sec. 9.161
91
COUNTY CLERK
AUTHORITY
3. RECORDING DUTIES, continued
Health and Safety Code
File all application, petitions, and certificates related to
mental competency hearings;
Sec. 571.014
When commitment appeal filed, send transcript to court
of appropriate jurisdiction;
Sec. 574.070
File acquisition of property for use as cemetery,
crematorium, mausoleum, etc.;
Sec. 711.033
Register all births, deaths, and fetal deaths; certify
adoptions;
Chapter 191
File affidavit on unclaimed bodies;
Sec. 691.025
Natural Resources Code
Enter statement of forfeiture or contract to purchase
land under Veterans Land Program;
Sec. 161.315
Shall keep records in office if there is no county
surveyor;
Sec. 23.057
Keep record of sale of public land within county;
Sec. 51.065
File lease of public lands within county;
Sec. 51.127
Tax Code
Maintain records of state tax liens;
Secs. 113.004; 113.005
File tax lien releases;
Sec. 113.009
Receive petition from voters for election to consolidate
assessing and collecting functions;
Sec. 6.26
Water Code
Record permit issued to take and use water;
Sec. 11.136
File information on water control and improvement
districts;
Sec. 51.015
File notice of creation of multi-county water control and
improvement districts;
Sec. 51.032
Transfer records of levee improvement district to
district clerk;
Sec. 57.024
File oath of navigation district commissioners;
Sec. 61.075
92
COUNTY CLERK
AUTHORITY
3. RECORDING DUTIES, continued
Business and Commerce
Code
File and index financing statement of security interest
in loan transactions, fees;
Secs. 9.501; 9.519
File and index amendment to financing statements,
fees;
Sec. 9.502
File and index termination statement;
Sec. 9.513
File and index financial statement of assignment of
security interest in collateral fees;
Sec. 9.514
Acceptance for filing of secured transactions;
Sec. 9.501
Report on filed statements on request.
Sec. 9.523
4. FINANCIAL RECORDS
The county clerk has certain financial responsibilities
including maintaining certain financial records.
Local Government Code
File copy of proposed budget and make available for
inspection by taxpayers;
Secs. 111.006; 111.037;
111.066
File copy of approved budget and any subsequent
amendments;
Secs. 111.009; 111.040;
111.069
File copy of budgets of cities within boundaries;
Sec. 102.009
Assist county judge in preparation of budget;
Secs. 111.003; 111.033
Collect fees as specified in statute;
Sec. 118.051 et seq
Hold funds deposited relating to condemnation
proceedings to acquire land for use by US government;
Sec. 280.001
Orders for payment issued on county treasury must be
signed by judge or clerk of court issuing order for
payment;
Sec. 113.042
Make reports to auditor on monthly basis on trust
funds; all checks on trust funds to be co-signed by
auditor (counties over 190,000);
Sec. 117.058
Observe procedures set out by auditor for accounting
and for depositing money in county depository
(counties over 190,000);
Sec. 112.002
Unless commissioners court adopts order relieving
clerk of duties, clerk issues all deposit warrants for
county treasury in triplicate;
Sec. 113.023
93
COUNTY CLERK
AUTHORITY
4. FINANCIAL RECORDS, continued
Local Government Code
Issue triplicate warrants for all deposits made on
county treasury (except in counties over 2.2 million);
Sec. 113.023
Keep accounts of all monies accruing to office;
Sec. 114.041
Keep finance ledger for commissioners court with
account for each county officer who receives or
collects money for county;
Sec. 112.004
Keep account of tax collector according to statute;
Sec. 112.031
Accept receipt specifying amounts of tax rolls;
Sec. 112.032
Credit collector’s account when tax rolls passed to
successor;
Sec. 112.034
Authority to collect records archive fee;
Secs. 118.011; 118.025
Authority of counties with a population of 3.3 million to
renovate buildings and facilities without notice to the
city or obtain a building permit;
Sec. 245.007
Keep separate account for sheriff;
Sec. 112.051
Make full report of collections to commissioners court--
also enter reports of other county officers on finance
ledger;
Sec. 114.044
Make reports in form specified by statutes;
Sec. 114.044
Keep account of justice of peace fines imposed and/or
collected;
Sec. 112.052
Use prescribed procedure in recording and handling
estray accounts;
Sec. 112.053
Keep record of county indebtedness based on reports
submitted at each month's end;
Sec. 114.061
File commissioners court's affidavits attesting to
compliance to inspect accounts of county treasurer;
Sec. 114.026
All reports to be filed and sworn to within five days of
month's end;
Sec. 114.001
Must use forms prescribed by auditor for collection of
county revenues, funds, fees, and other money, and
keep accounts according to prescribed forms;
Secs. 112.001; 114.002
Furnish auditor with itemized report specifying orders
for payment issued, numbers, amounts, persons, and
purpose on forms supplied by auditor;
Sec. 113.046
Wherever auditor's duties imposed by statutes overlap
the clerk's, clerk is relieved of duties;
Sec. 112.009
File receipts for collector’s credits;
Sec. 112.032
94
COUNTY CLERK
AUTHORITY
4. FINANCIAL RECORDS, continued
Local Government Code
Enter names of indigent and delinquent taxpayers in
minutes of commissioners court meeting;
Sec. 112.033
Fee schedule;
Secs. 118.011 et seq;
118.051 et seq.
Disclosure requirements of relationships to vendors
and contractors of county;
Chapter 176
Collect fees attached to cases due to county law library
funds and transmit to treasurer;
Sec. 323.023
Government Code
Countersign bonds issued by county before delivery;
Sec. 1301.002
May not charge fees in certain cases;
Sec. 51.606
May take acknowledgment fees in certain cases;
Sec. 603.005
Must keep fee book and observe other regulations of
fees as specified;
Sec. 603.006
Prepare written statement on jury fees and fines at
each term, and transmit all jury fees and fines to
county treasurer;
Sec. 51.402
Health and Safety Code
Keep record of bonds issued in public hospital district;
Chapter 283
Parks and Wildlife Code
Transmit fines collected for violation of wildlife
regulations to Texas Park and Wildlife Department;
Sec. 12.107
Tax Code
Receive judgments for unpaid taxes (sales, excise and
use tax) to be filed as lien against person's real
property;
Sec. 151.608
Natural Resources Code
Entitled to fees for recording county surveyor
documents;
Sec. 23.060
95
COUNTY CLERK
AUTHORITY
4. FINANCIAL RECORDS, continued
Water Code
Accept deposit filed with petition to create levee
improvement district;
Sec. 57.013
Accept deposit with petition to form navigation district;
Sec. 61.026
Civil Practice and
Remedies Code
Collect interpreter fees as court costs when necessary.
Sec. 21.051
5. ADMINISTRATIVE DUTIES
The county clerk has certain general administrative
duties.
Local Government Code
Shall be clerk of commissioners court;
Sec. 81.003
Keep and certify minutes for commissioners court
meeting;
Sec. 81.003
Record appointment of county auditor in minutes of
commissioners court;
Sec. 84.003
Verify a petition, when received from the
commissioners court, for an election granting the
county the authority to adopt zoning and building
construction ordinances around certain lakes;
Sec. 231.076
Occupations Code
Serve as a member of the county bail bond board in
counties over 110,000;
Sec. 1704.053
Transportation Code
Post notice of hearing on petition of taxpayers
requesting drainage work;
Secs. 254.002; 254.003
Government Code
Participate in selection of jurors;
Sec. 62.001
96
COUNTY CLERK
AUTHORITY
5. ADMINISTRATIVE DUTIES, continued
Property Code
Post notice of foreclosure sales on county website;
Sec. 51.002
Agriculture Code
Issue certificates and receive bond from public
warehouse operator;
Secs. 14A.002; 14A.003;
14A.004
Receive registration of persons engaging in business
of slaughtering;
Sec. 148.002
Maintain and post affidavits and records concerning
the impoundment and sale of animals;
Sec. 142.009 et seq.
Tax Code
Participate in the selection of directors for appraisal
district board; determine number of votes to which
taxing unit is entitled, count votes;
Sec. 6.03
File resolution for changes in the appraisal board
membership or selection;
Sec. 6.031
Water Code
Prepare notice of hearing on single-county water
control and improvement district;
Secs. 51.017; 51.018
Post notice of hearing on certain of levee improvement
districts;
Sec. 57.015
Post notice of hearing on petition to form navigation
district;
Sec. 61.028
Civil Practice and
Remedies Code
Acknowledgement of written instruments;
Sec. 121.001 et seq.
Authority to take depositions.
Sec. 20.001
97
COUNTY CLERK
AUTHORITY
6. MISCELLANEOUS
The county clerk serves as clerk for county criminal,
civil, and probate courts. Primary statutory provisions
for this support come from the Texas Penal Code, the
Code of Criminal Procedure, and the Rules of Civil
Procedure not covered in this enumeration. A few
miscellaneous statutes affecting the clerk's judicial
functions are listed below.
Government Code
When case transferred, make out transcript of
proceedings and transmit to district clerk with bill of
costs accrued and transmit to district clerk certified
copy of unsatisfied judgments;
Sec. 51.403
Health and Safety Code
Issue writ of commitment when directed by county
judge;
Sec. 574.046
Prepare transcript on indefinite commitment for
hospital.
Sec. 574.047
98
COUNTY TREASURER
Overview .....................................................................................
99
1. Description of Office ....................................................................
100
2. Responsibility for Monies Collected ............................................
100
3. Disbursement of Funds ...............................................................
102
4. Recordkeeping and Reporting ....................................................
103
99
COUNTY TREASURER
The county treasurer is elected by the voters of each county for a term of four
years and must maintain an office at the county seat (Tex. Const. Art. XVI, Sec.
44; Local Government Code Chapter 83). Legislatively prescribed duties fall into
three basic categories: receipt of funds, disbursement of funds, and accounting for
funds in custody. The following compilation lists specific statutory responsibilities
under these three general categories. A fourth category includes legislation
qualifying the treasurer to serve and other miscellaneous statutes.
100
COUNTY TREASURER
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Before assuming duties must make bond payable to
county judge in amount set by commissioners court;
Sec. 83.002
Must make another bond or bonds if required by
commissioners court;
Sec. 83.002
Must complete continuing education courses;
Sec. 83.003
May appoint person to act in treasurer’s place with
commissioners court approval;
Sec. 83.005
Written appointment of assistant treasurer under seal
of county court;
Sec. 83.009
Failure to provide required bonds results in removal
from office;
Secs. 83.002; 83.004
Vacancy filled by commissioners court by majority
vote;
Sec. 87.041
Appointed treasurer must take oath and make bond
within 20 days of notification;
Sec. 83.004
Keep office at county seat;
Sec. 291.002
Can have auxiliary offices under certain circumstances;
Sec. 292.001 et seq.
Removal from office by district judge for incompetence;
Secs. 83.003; 87.012;
87.013
Government Code
May administer oaths;
Sec. 602.002
Health and Safety Code
With voter approval may register dogs, issue tags, and
collect tax;
Chapter 822
Texas Constitution
Hold office for four years.
Sec. Art. XVI, Sec. 44
2. RESPONSIBILITY FOR MONIES COLLECTED
Local Government Code
Responsibility for receiving all money due the county
from whatever source;
Sec. 113.003
Responsibility for all money coming into the treasury;
Sec. 113.001 et seq.
Chief custodian of county funds;
Sec. 113.001
101
COUNTY TREASURER
AUTHORITY
2. RESPONSIBILITY FOR MONIES COLLECTED,
continued
Local Government Code
Issue receipt to tax collector for monies deposited into
treasury from property tax;
Sec. 112.032
Recovery of legal fees and other costs incurred by
county in prosecution to collect debt;
Sec. 113.902
Issue receipt to tax collector for monies deposited into
treasury from occupation tax;
Sec. 112.035
Issue receipt for money collected by sheriff in
judgments, fines, forfeitures, and penalties and
deposited into treasury;
Sec. 112.051
Issue receipt to justice of the peace for deposit of
collected fines into treasury;
Sec. 112.052
Issue receipt for money received in sale of estray and
keep records of transaction;
Sec. 112.053
Procedure for receipt of money for deposit in treasury;
Sec. 113.023
Collect fees for returned checks, stop payment orders,
copies of certain records;
Secs. 118.141–118.144
May accept gift or donation of salary of county or
precinct official;
Sec. 152.002
Serve as custodian of funds collected from tax levy to
retire bonds funding seawall construction;
Sec. 571.010
Transportation Code
Issue receipt of fee payment for license to operate
ferry;
Sec. 342.103
Government Code
Receive jury fees and fines collected by county clerk;
Sec. 51.402
Receive bond from county judge;
Sec. 26.001
Direct prospective juror donations of reimbursement to
specified agencies and programs.
Sec. 61.003
Investment training for county treasurers;
Sec. 2256.008
Health and Safety Code
Receive money from sale of bonds for public hospital
district;
Sec. 282.078
102
COUNTY TREASURER
AUTHORITY
2. RESPONSIBILITY FOR MONIES COLLECTED,
continued
Agriculture Code
Deposit and disburse funds from the sale of
impounded animals;
Sec. 142.013
Natural Resources Code
Accept filing fee for application for permit to excavate
sand, marl, gravel, or shale;
Sec. 61.214
Water Code
Serve as treasurer of navigation district.
Sec. 61.078
3. DISBURSEMENT OF FUNDS
The county treasurer is responsible for disbursement of
all funds in the county treasury.
Local Government Code
All orders for payment issued against treasurer must
be signed and attested by clerk of judge of issuing
court;
Sec. 113.042
All orders for payment on county treasurer except
orders for payment for jury service must be counter-
signed by auditor;
Secs. 113.043; 113.065;
113.901
Responsible for expending money from the treasury in
accordance with the directions of the commissioners
court and honoring orders for payment issued by
authorized county officials;
Sec. 113.041
Shall not pay any money out of treasury except in
pursuance of certificates of authorized county officials;
Sec. 113.041
Follow specified procedure for handling orders for
payment;
Sec. 113.042
Maintain claim register of all claims against county--no
payment until registered.
Sec. 113.061
103
COUNTY TREASURER
AUTHORITY
4. RECORDKEEPING AND REPORTING
The county treasurer is responsible for accounting for
all funds in the county treasury and submits periodic
reports to the commissioners court for approval.
Local Government Code
Make available to auditor on request records and cash
in custody of treasurer for inspection;
Sec. 115.003
File monthly report in clerk's office showing amount of
claims and classification;
Sec. 114.061
Presentation to commissioners court of tabular
statement, if no county auditor;
Sec. 114.021
If no county auditor, publish annual exhibit reflecting
amounts paid from county funds as well as
indebtedness;
Sec. 114.022
Issue receipt for report of claims required to be
submitted to treasurer;
Sec. 113.063
Keep detailed accurate accounts showing all
transactions of the office, vouchers accompanying
report to commissioners court for comparison;
Secs. 113.002; 113.045
Treasurer's reports to be approved by commissioners
court each regular term and affidavit filed with the clerk
and record in minutes;
Sec. 114.026
Keep true account of receipts and expenditures of
money and of debts due to and from county;
Secs. 113.002; 113.902
Provide detailed report of all monies received and
disbursed to commissioners court each regular term;
Sec. 114.026
Examine accounts, dockets, and records of clerks,
sheriff, justices of peace, constables, and tax collectors
and make report to commissioners court;
Sec. 115.901
Keep accounts of all monies accruing to office;
Sec. 114.041
Report to commissioners court at each regular term on
all money collected and expended;
Sec. 114.044
Classify funds into three classes;
Sec. 113.004
Transfer money from one fund to another at direction
of commissioners court;
Sec. 113.004
Maintain separate fund for county library;
Sec. 323.007
Maintain separate County Law Library Fund;
Sec. 323.023
Deliver all money, securities, and other property of
county to successor;
Sec. 83.004
104
COUNTY TREASURER
AUTHORITY
4. RECORDKEEPING AND REPORTING, continued
Local Government Code
Not responsible for loss of funds due to negligence of
depository.
Sec. 113.005
Receive and reconcile canceled checks and orders for
payment from county depository;
Sec. 113.008
Place court fees and interest from registry funds in
general fund;
Secs. 117.054; 117.055
Transfer funds to designated depository;
Sec. 116.113
May collect reasonable research fee relating to
collection of overdue county orders for payment and
checks;
Sec. 116.120
Account of county treasurer charged with amount of
each fund for which receipts are issued, and for money
paid out;
Sec. 112.054
Classify claims and maintain register of all claims
against county; follow specified procedure for
registration of claims;
Sec. 113.061
Government Code
Register bonds issued by county before delivery and
keep account of the amount of principal and interest
paid on each;
Sec. 1301.002
Property Code
Enforcement of escheat law;
Chapter 76
Water Code
Keep bond record for levee improvement district.
Sec. 57.212
105
DISTRICT CLERK
Overview ..........................................................................................
106
1. Description of Office .........................................................................
107
2. Recordkeeping .................................................................................
107
3. Financial Responsibility ....................................................................
108
4. Administrative Duties ........................................................................
109
106
DISTRICT CLERK
The office of district clerk is created by the Texas Constitution, Article V, Section 9.
The district clerk is an elected official whose term of office is four years. Duties of
the district clerk in each county revolve around the district court. Specific statutory
responsibilities are arranged in the following four categories: administrative,
recordkeeping, finance, and miscellaneous.
107
DISTRICT CLERK
AUTHORITY
1. DESCRIPTION OF OFFICE
Government Code
In counties with fewer than 8,000 population, office of
district clerk is combined with county clerk unless
voters authorize separate offices (counties between
5,800 and 5,900 excepted);
Sec. 51.501
May administer oath and affirmations, and take
depositions;
Sec. 51.303; Chapter 602
District clerks, generally;
Chapter 51
Vacancy to be filled by appointment of district judge;
Sec. 51.301
May be temporarily replaced when party to pending or
proposed suit;
Sec. 51.308
Must make bond, file, and record with county clerk,
approved by commissioners court; obtain errors and
omission insurance policy;
Sec. 51.302
Must complete continuing education courses.
Sec. 51.605
2. RECORDKEEPING
The district clerk has specified recordkeeping duties.
Business Organizations
Code
Claims against corporation in receivership to be filed
with clerk;
Sec. 11.401 et seq.
File certified copy of decree of dissolution of a
corporation with secretary of state;
Sec. 11.315
File certified copy of decree of revocation of certificate
with secretary of state;
Sec. 9.161
Government Code
Record all acts and proceedings of district court and
report all money received for jury fees or fines;
Sec. 51.303
Provide plan to microfilm or otherwise reproduce all
records;
Sec. 51.304
May provide for the storage of court records by
technological means;
Sec. 51.304
108
DISTRICT CLERK
AUTHORITY
2. RECORDKEEPING, continued
Government Code
Keep civil proceeding minutes separate from criminal—
may combine minutes of civil proceedings with other
civil recordings and criminal minutes with criminal
business in a separate record;
Sec. 51.306
Maintain index to judgments;
Sec. 51.303
Record in minutes disqualification and appointment or
election of special district judges;
Sec. 24.004
Civil Practice and
Remedies Code
Acknowledgement of written instruments;
Sec. 121.001 et seq.
Authority to take depositions.
Sec. 20.001
3. FINANCIAL RESPONSIBILITY
The district clerk has certain responsibilities related to
finances.
Local Government Code
Report any money collected to commissioners court
and file report in county clerk’s office; report must
follow statutory format;
Sec. 114.044
Orders for payment issued on county treasury must be
signed and attested by clerk or judge;
Sec. 113.042(f)
Use forms prescribed by auditor for reports on
collection and disbursement of funds (counties over
190,000);
Sec. 114.043
Report to auditor in counties over 190,000 on all
registry funds, secure auditor’s signature on all checks
written on registry funds;
Sec. 117.058
Collect fees attached to civil cases due to county law
library funds and transmit to treasurer;
Sec. 323.023
Keep account of all money accruing to office;
Sec. 114.041
Disposition of and accounting for fees received by
district clerk;
Sec. 114.044
Issue orders for payment when authorized by
commissioners court to pay interpreters;
Sec. 152.903
109
DISTRICT CLERK
AUTHORITY
3. FINANCIAL RESPONSIBILITY, continued
Local Government Code
Receive annual report from county officers
compensated on fee basis;
Sec. 114.046
Government Code
Collect fees as specified;
Secs. 51.317 – 51.319
Collect court reporter’s fees;
Sec. 51.601
May collect jury fee in civil cases;
Sec. 51.604
Arrange pay of jurors from jury fund.
Sec. 61.001
4. ADMINISTRATIVE DUTIES
The district clerk has certain general administrative
duties.
Local Government Code
Maintain office at county seat;
Sec. 291.002
May have office at auxiliary courthouse but must also
maintain office at county seat;
Sec. 292.004
Certify and transmit to commissioners court actions of
district judge(s) in appointing auditor in various
counties;
Sec. 84.003
Bond and oath of county clerk to be deposited in office
of district clerk;
Sec. 82.001
Occupations Code
Serve as member of the county bail bond board in
counties over 110,000;
Sec. 1704.053
Government Code
Joint clerk uses district clerk seal to authenticate acts
as district clerk;
Sec. 51.502
May appoint deputies;
Sec. 51.309
Participate in selecting names from jury wheel,
reconstituting jury wheels, certifying jury lists, and
arranging for juries;
Secs. 62.001–62.010
May process applications for U.S. passports;
Sec. 51.3031
110
DISTRICT CLERK
AUTHORITY
4. ADMINISTRATIVE DUTIES, continued
Election Code
Duties in election contests; in case of contested
elections, case to be filed in district court and clerk
shall docket case as having precedence;
Title 14, Sec. 221.001 et
seq.; Sec. 231.001 et seq.
Property Code
Prepare abstract of judgment rendered when
requested.
Secs. 52.002−52.003
111
SHERIFF
Overview .....................................................................................
112
1. Description of Office ....................................................................
113
2. Law Enforcement and Judicial Policy ..........................................
114
3. Personnel Duties .........................................................................
116
4. State Agencies ............................................................................
116
5. Fees, Compensation, and Financial Transactions ......................
117
6. Payment of Debts and Seizure of Property .................................
119
7. General Welfare ..........................................................................
120
8. Service of Process and Notices ..................................................
120
112
SHERIFF
Sheriff is a constitutionally created office with duties to be prescribed by the
legislature (Tex. Const. Art. V, Sec. 23). The sheriff is the chief law enforcement
officer for the county and is responsible for operating the county jails, investigating
crimes, enforcing judgments, and maintaining communications with other law
enforcement organizations. The sheriff has countywide jurisdiction, but in practice,
most sheriff departments concentrate their activities outside city limits where
municipal officers cannot operate. Counties may have a substantial staff and
budget. The sheriff is elected every four years and is responsible for security in
both the county and district courts. The sheriff also sets bail bond policy for the
county except where there is a Bail Bond Board, which establishes the rules and
regulations for making bail by bondsmen.
Constitutionally, sheriffs in counties of less than 10,000 population serve as tax
assessor-collector (Art. VIII, Sec. 16) unless the voters elect to keep the jobs
separate. In several Texas counties the sheriff is also the tax assessor-collector
and carries those additional responsibilities.
113
SHERIFF
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Location of office to be at county seat;
Sec. 291.002
Removal from office by the district judge for
incompetence or official misconduct;
Secs. 87.012–87.014
Oath and bond;
Sec. 85.001
Failure to give new bond (condition and penalty
described);
Sec. 85.002
Vacancies filled by commissioners court;
Sec. 87.041
Removal from office for failure to give bond;
Sec. 87.014
Shall complete unfinished business of predecessor;
Sec. 85.023
May be required to attend 40 hours of instruction;
Sec. 85.0025
Occupations Code
Serve as a member of county bail bond board in
counties over 110,000;
Sec. 1704.053
Transportation Code
Must display badge before enforcing traffic laws;
Sec. 720.001
Government Code
Eligible for payments of assistance by state to
survivors of law enforcement officers and others killed
in performance of duties;
Chapter 615
Official bonds for officers; sureties (procedure
described);
Chapter 604
Texas Constitution
Transition from two-year to four-year terms of office;
Art. XVI, Sec. 65; Art. V
Sec. 23
Civil Practice and
Remedies Code
Liable for damages to persons injured by neglect or
refusal of duties.
Sec. 7.001
114
SHERIFF
AUTHORITY
2. LAW ENFORCEMENT AND JUDICIAL POLICY
The sheriff is the chief peace officer of the county and
additionally has certain judicial responsibilities.
Local Government Code
May assist other law enforcement officers under
interlocal agreements;
Sec. 362.002
Oversee county jail;
Sec. 351.041
May operate jail commissary with private vendor;
Sec. 351.0415
May employ guards, with approval;
Sec. 85.005
Has charge and control of courthouse subject to
commissioners court regulations;
Sec. 291.003
Voter approval required for defunding law enforcement
agencies;
Chapter 120
Transportation Code
Receive reports of traffic accidents in county;
Sec. 550.026
May investigate certain categories of traffic accidents
in county and file charges;
Sec. 550.041
May impound vehicles involved in illegal racing on
public roadway;
Sec. 545.420(i)
Government Code
Record behavior of a prisoner imprisoned in a county
jail after a conviction of an offense punishable by
imprisonment in the Texas prison system;
Chapter 499
Transport prisoners from county jails to state
institutions (if willing to perform such services as
cheaply as Texas prison board can have it done);
Sec. 500.006
Commission on Jail Standards, generally;
Chapter 511
Not permitted to practice law in court with original or
appellate jurisdiction;
Sec. 82.064
Participates in selecting names for jury wheel and
safeguards jury selection process;
Secs. 62.001–62.004
May adjourn court when county judge fails to appear
and there is no special election of a special judge;
Sec. 26.003
May purchase firearm or uniform from county upon
honorable retirement;
Chapter 614
Provide court security officers;
Chapter 158
May not participate in the filming of reality television
programs;
Sec. 614.232
115
SHERIFF
AUTHORITY
2. LAW ENFORCEMENT AND JUDICIAL POLICY,
continued
Parks and Wildlife Code
Assist federal government with law enforcement in
parks and recreational areas owned by Army;
Sec. 11.019 note
Code of Criminal
Procedure
Send in missing children reports to clearinghouse at
Texas Department of Public Safety;
Chapter 63
Commute time for good behavior for prisoners in
county jail;
Art. 42.032
Attempt to find work for county inmates;
Art. 42.031
When transferring a defendant to the Texas
Department of Criminal Justice, provide director with
written report about nature and seriousness of offense;
Art. 42.09, Sec. 8
Investigate death of any person in jail or other custody
and file written report of cause of death with attorney
general no later than 20 days after death occurs;
Art. 49.18
May allow volunteer pretrial detainees or state inmates
to labor on public works;
Art. 43.101
May request prosecuting attorney to seek judicial
approval of interception of certain communications;
Art. 18.21 [repealed 2017]
Confiscation and disposition of seized criminal
property;
Art. 18.17 et seq.
Intervention required to prevent use of excessive force;
prohibition of neck restraints during search or arrest;
Arts. 2.1387; 2.33
Duty to request and render aid to injured individuals;
Art. 2.33
Penal Code
Seek felony prosecution for assaults or threats against
deputies and jailers;
Sec. 22.02
May seek prosecution for interference (other than
speech) with the exercise of official duties;
Sec. 38.15
May seek prosecution for taking firearms from a peace
officer;
Sec. 38.14
Health and Safety Code
Screening for tuberculosis in county jail.
Chapter 89
116
SHERIFF
AUTHORITY
3. PERSONNEL DUTIES
The sheriff has duties regarding other county
personnel.
Local Government Code
May appoint deputies;
Sec. 85.003
May appoint reserve deputies;
Sec. 85.004
May appoint guards, with approval;
Sec. 85.005
Appoint county police in counties over 210,000;
Sec. 85.006
Responsible for acts of deputies and may require
bond;
Sec. 85.003
Shall not incur liability for personal injury of reserve
deputy sheriff;
Sec. 85.004
Establishment of civil service system in counties of
500,000 or more;
Sec. 158.031 et seq.
Apply to commissioners court for deputies, assistants,
or clerks (appointment, compensation, salaries
described);
Secs. 151.001–151.004
Authority of county to prohibit use of private vehicles
for law enforcement duties;
Sec. 170.001
Transportation Code
Employ county traffic officers (procedure and salary
described);
Sec. 701.001 et seq.
Government Code
Assign deputy to assist jury panel;
Sec. 62.019
Benefits and financial assistance for survivors of peace
officers killed in line of duty.
Chapter 615
Exercise authority under statute allowing the transfer of
service animals, including horses and dogs, to former
handlers.
Sec. 614.211 et seq.
4. STATE AGENCIES
The sheriff has duties and responsibilities related to
state agencies.
Local Government Code
Execute legislative process or subpoena;
Sec. 85.022
Transportation Code
Enforce certain vehicle weight limitations;
Sec. 621.401 et seq.
117
SHERIFF
AUTHORITY
4. STATE AGENCIES, continued
Government Code
Made associate member of Texas Department of
Public Safety;
Sec. 411.009
Cooperate with director of Department of Public Safety
in crime prevention and public safety;
Sec. 411.009
Call in writing for aid from commanding officer of the
state military forces (procedure described);
Sec. 431.112
Execute orders and serve process of State
Commission on Judicial Conduct;
Sec. 33.028
Occupations Code
Subject to rules developed by Commission on Law
Enforcement;
Chapter 1701
Agriculture Code
May assist in the enforcement of the Nursery Stock Act
(diseased plants);
Sec. 71.049
Receive reports and impound, sell, or return animals
according to estray act;
Secs. 142.001–142.015
May assist state entomologist to serve all papers,
orders, summons, and writs.
Sec. 131.104
5. FEES, COMPENSATION, AND FINANCIAL
TRANSACTIONS
The county sheriff has duties related to the collection of
fees, keeping accounts of the financial transactions of
his office, and responsibilities in regard to the
provisions and expenses of his office.
Local Government Code
Charge for account of judgments, fines, forfeitures, and
penalties payable to and rendered in any court of the
county;
Sec. 112.051
Must report collections (types and process described)
to commissioners court; format for reporting
collections;
Sec. 114.044
Keep accounts of fees, justice funds, fees of office,
commissions (procedure described);
Sec. 114.041
118
SHERIFF
AUTHORITY
5. FEES, COMPENSATION, AND FINANCIAL
TRANSACTIONS, continued
Local Government Code
May not receive payment of fees and commission for
services performed;
Sec. 154.004
Make monthly expense account report (type of
transaction described);
Sec. 154.024
Compensation of sheriff for serving process issued by
supreme court or court of appeals;
Sec. 118.132
Longevity pay for deputy sheriffs in counties of not less
than 150,000;
Sec. 152.074
Allowed provision of insurance by commissioners
court;
Secs. 157.041; 157.042
Maximum and minimum salaries for sheriff fixed by
commissioners court;
Secs. 152.012; 152.071
Sheriff’s accounts subject to examination by county
auditor or treasurer;
Sec. 115.901
Accounting forms used by sheriff to be prescribed by
county auditor;
Secs. 112.001; 112.002
Maintenance of petty cash fund;
Sec. 130.904
Budget for office of sheriff to be prepared by budget
officer of county;
Secs. 111.003; 111.033;
111.063
Government Code
Post fees of office for public inspection;
Sec. 603.008
Subject to authority of county courts to hear and
determine all motions against officers of court for
failure to pay over monies collected or defalcation of
duty;
Sec. 26.048
Code of Criminal
Procedure
Overtime compensation paid for traveling or testifying
in criminal trials paid by defendant.
Art. 102.011
Receive payments for reimbursement of confinement
expenses of defendants convicted of misdemeanors.
Art. 42.038
119
SHERIFF
AUTHORITY
6. PAYMENT OF DEBTS AND SEIZURE OF
PROPERTY
The sheriff has duties regarding the seizure of property
for payment of debts and notice thereof.
Transportation Code
Seize license plates of persons who paid for
registration fee by check without funds, if they refuse to
redeem the check;
Sec. 502.193
Tax Code
May give deed for land sold for delinquent taxes;
Sec. 34.01
Property Code
Responsibilities and duties relating to property exempt
from forced sale, and excess over homestead set
apart;
Secs. 41.021–41.024
May convey real estate under judgment of sale;
Sec. 5.004
Shall notify landowner against whom execution is held
of need to separate excess land from exempted
homestead;
Sec. 41.021
Accept notice of separation from defendant in
execution;
Sec. 41.022
May sell excess beyond exempted homestead;
Sec. 41.024
Texas Rules of Civil
Procedure
May sell seized perishable goods upon order of court;
Rule 600, 615, 710, 711
Make written return of such sale and pay proceeds to
county clerk or justice of the peace;
Rules 604, 618
Make report concerning disposition of property;
Rule 607
Execute and return distress warrant.
Rules 610, 612, 613
120
SHERIFF
AUTHORITY
7. GENERAL WELFARE
The sheriff has miscellaneous duties related to the
general welfare of the public.
Local Government Code
Serve on the salary grievance committee;
Sec. 152.014
May in counties of 1 million population enforce
explosives regulations;
Chapter 235
Transportation Code
Post notice of meeting regarding drainage system
adjacent to public road;
Sec. 254.003
May confiscate illegally placed outdoor signs;
Sec. 393.003
Government Code
Member of county board of emergency;
Sec. 431.072
Health and Safety
May apply to justice court for a warrant to seize
animals being treated cruelly;
Chapter 821
Agriculture Code
Seize and impound animals and notify owner, if known;
give proper notice and sell impounded animals at
public auction;
Sec. 142.001 et seq.
Election Code
Serve on election board;
Secs. 51.001–51.009
Code of Criminal
Procedure
Operate centralized sex offender registration office as
designated by commissioners court;
Art. 62.0045
8. SERVICE OF PROCESS AND NOTICES
The county sheriff serves a variety of judicial process
and notices, provides for their return, collects fees for
such services, and is responsible for property held or
seized under such actions.
121
SHERIFF
AUTHORITY
8. SERVICE OF PROCESS AND NOTICES, continued
Transportation Code
Post notice of meeting regarding drainage system
adjacent to county roads;
Sec. 254.003
Local Government Code
Execute all process directed at him by legal authority
(penalty for non-compliance);
Sec. 85.021
Execute process issued by commissioners court;
Sec. 81.022
Serve notice of termination of surety of public officials;
Chapter 88
Government Code
Execute process issued by proper officer of any court
martial in state military forces;
Sec. 432.188
Notify persons for jury service verbally or at direction of
judge;
Secs. 62.013; 62.0131
Summon juror when insufficient number;
Sec. 62.015
Agriculture Code
Seize and impound animals and notify owner, if known;
give proper notice and sell impounded animals at
public auction;
Sec. 142.001 et seq.
Water Code
Notice of hearing for water improvement district
(procedure described);
Sec. 55.026
Texas Rules of Civil
Procedure
Writs and process directed at sheriff or constable (form
described);
Rules 15, 16, 17
Serve issued citations by means of publication;
Rules 116, 117
All civil process may be served by a sheriff of the
county in which party to be served is found;
Rule 103
Execute subpoenas;
Rule 176.5
Carry out execution of judgment;
Rule 637
Execute and return writ of garnishment;
Rule 663
Serve temporary restraining orders;
Rules 688, 689
Execute writ of sequestration;
Rule 696 et seq.
Summon persons to complete jury;
Rule 225
122
SHERIFF
AUTHORITY
8. SERVICE OF PROCESS AND NOTICES, continued
Estates Code
Serve notices and citations in probate matters, and return;
Sec. 51.051 et seq
123
J
USTICE OF THE PEACE
Overview ......................................................................................
124
1. Judicial Responsibilities ..............................................................
Justice Court
Small Claims Court
Issuance of Writs
Evidence Proceedings
125
2. Miscellaneous Judicial Duties .....................................................
127
3. Description of Office and Regulation of Justice Courts ...............
129
4. Financial Duties and Transactions ..............................................
130
124
JUSTICE OF THE PEACE
The justice of the peace is elected for a term of four years from each justice
precinct in the county (a precinct may have more than one justice of the peace).
The justice of the peace is the presiding officer of the justice court and the small
claims court. The justice of the peace has jurisdiction over minor misdemeanor
offenses (Class C), and in civil matters where the amount in controversy does not
exceed $10,000. A variety of civil process, as well as arrest and search warrants,
can be issued by the justice of the peace. The justice of the peace also sits as
judge of the small claims courts, in actions for the recovery of money, which does
not exceed $10,000.
The justice of the peace may also preside over hearings pertaining to suspension
of driver licenses and conduct other hearings and inquests. The justice of the
peace may conduct marriage ceremonies and serves as ex officio notary public for
the precinct. The justice of the peace has administrative and financial duties
concerning the keeping of records and fee and expense reports.
In November 1983, voters approved a constitutional amendment authorizing fewer
justices of the peace in certain counties. The number of precincts in each county
will be determined by the population according to the most recent federal census.
The amendment of Article V, Section 18 of the Texas Constitution took effect
January 1, 1984.
In addition, a manual on justice court procedures is published by the Justice Court
Training Center at Southwest Texas State University, San Marcos, Texas.
125
JUSTICE OF THE PEACE
AUTHORITY
1. JUDICIAL RESPONSIBILITIES
The most important duties of the justice of the peace
(JP) are judicial: holding justice court, acting as judge
of small claims court, issuing a variety of process and
writs in situations where justice court has jurisdiction,
holding court for minor misdemeanor offenses, and
assisting in evidence proceedings.
Vernon’s Revised Civil
Statutes
Examine witnesses upon application of the attorney
general, district or county attorney, in relation to
violation of labor act;
Art. 5202
Local Government Code
May enforce regulation of use of aerial fireworks during
drought conditions;
Sec. 352.051
Government Code
Limits of jurisdiction of JP courts: amounts of which
original jurisdiction not given to county or district courts
not over $20,000, exclusive of interest; forcible entry
and detainer, foreclosure of mortgages, enforcement of
liens on personal property, where amount is within their
jurisdiction;
Sec. 27.031
Justice court, generally;
Chapter 27
Small claims court, generally;
Sec. 27.060
Hold term of justice court once a month for civil
business; and hold regular term as prescribed by
commissioners court, and may hold justice court from
day to day for unfinished business or adjourn to a
particular day; have place for holding court;
Sec. 27.051
Justice court clerk may maintain dockets, and index of
court judgments;
Sec. 27.056
Arrange and keep all dockets, books, and papers of
predecessor and all papers filed in any case for
inspection of parties at interest; delivery upon demand;
Sec. 27.004
May not have jurisdiction in divorce, slander or
defamation, trial to title of land, or enforcement of liens
on land, and suits to recover penalties, forfeitures, and
escheats on behalf of the state;
Sec. 27.031
126
JUSTICE OF THE PEACE
AUTHORITY
1. JUDICIAL RESPONSIBILITIES, continued
Government Code
May not issue writs of injunction for deed restrictions;
Sec. 27.034
Enforce residential subdivision deed restriction;
Sec. 27.034
Order sheriff or constable to summon sufficient number
of jurors;
Secs. 62.411; 62.412
Pay of jurors in justice court;
Sec. 61.001
May not preside in cases in which he has an interest or
where related to either of the parties;
Sec. 21.005
Issue writs of sequestration, garnishment, attachment
within limits of jurisdiction;
Sec. 27.032
Proceed with unfinished business;
Sec. 27.033
Property Code
Has jurisdiction in cases arising out of forcible entry
and detainer;
Sec. 24.004
Receive application for and issue distress warrant;
Secs. 54.006; 54.025
Government Code
Justice court jurisdiction to enforce deed restrictions in
residential subdivisions;
Sec. 27.034
Texas Family Code
May conduct marriage ceremonies;
Sec. 2.202
Texas Code of Criminal
Procedure
Jurisdiction of justice court defined to include offenses
punishable by fine or other sanction not requiring
confinement or imprisonment;
Art. 4.11
Keep criminal docket of trials;
Art. 45.017
May maintain criminal docket by use of electronic data
processing equipment;
Art. 45.017
May issue warrant for arrest for criminal offense
committed in his presence (which he has jurisdiction to
try);
Art. 45.103
Shall issue warrant of arrest upon proper form of
complaint;
Art. 45.014
Issue writ to summon jury for criminal matters in which
a jury trial is desired;
Art. 45.027
May adjourn in the event of criminal mistrial;
Art. 45.035
127
JUSTICE OF THE PEACE
AUTHORITY
1. JUDICIAL RESPONSIBILITIES, continued
Texas Code of Criminal
Procedure
May order party demanding trial and not appearing to
pay costs;
Art. 45.026
Order autopsy as requested by district attorney,
criminal district attorney, or county attorney;
Art. 49.10
Conduct inquests;
Chapter 49
May defer proceedings against minor student who
attends teen court;
Art. 45.052
Civil Practice &
Remedies Code
May order party demanding civil jury trial and failing to
appear to pay cost of impaneling jury;
Sec. 30.008
Texas Rules of Civil
Procedure
May cause notice of publication for summoning party
for interrogatories; may take answers to interrogatories
upon appearance of witness and certify contents
(function as notary); may receive return of depositions.
Rule 200.1 et seq.
2. MISCELLANEOUS JUDICIAL DUTIES
The justice of the peace has various miscellaneous
duties related to the judicial function.
Occupations Code
May conduct hearing to determine whether probable
cause existed for the towing and storage of a motor
vehicle without the owner’s consent;
Sec. 2308.451 et seq.
Transportation Code
May conduct hearing concerning financial responsibility
under the Motor Vehicle Safety Responsibility Law;
Chapter 601
Has jurisdiction to hold hearing to determine if driver’s
license should be revoked or suspended; reports
findings to the Department of Public Safety;
Sec. 521.291 et seq.
128
JUSTICE OF THE PEACE
AUTHORITY
2. MISCELLANEOUS JUDICIAL DUTIES, continued
Transportation Code
May receive fine from ferry owners for failure to post
rates and excessive rates, on complaint of any person;
Sec. 342.303 et seq.
Must report traffic fatalities to TxDOT in absence of
medical examiner’s office;
Sec. 550.081
Government Code
May administer and certify oaths and affidavits;
Chapter 602
Health and Safety Code
May receive referral for inquest into cause of death;
Sec. 193.005
Permit removal of organs of deceased persons upon
qualified request of organ procurement organization;
Sec. 693.002
Under certain conditions, may permit the taking of body
parts and body tissue for transplant or other therapy;
Chapter 693
Property Code
Make and return abstract of judgment lien rendered in
JP court;
Secs. 52.002–52.003
Make complete transcript of judgment in cases of
execution or order of sale issuing out of justice court,
certify correctness, and submit to county clerk for
recording;
Sec. 12.015
Education Code
May receive complaint from attendance officers for
violation of compulsory school attendance law;
Sec. 25.091 et seq.
Texas Rules of Civil
Procedure
May order sale of seized perishable goods, when
necessary.
Rules 600, 615, 710, 711
129
JUSTICE OF THE PEACE
AUTHORITY
3. DESCRIPTION OF OFFICE AND REGULATION OF
JUSTICE COURTS
The justice of the peace is subject to various statutes
concerning the conditions and requirements of the
office, liabilities for failure to perform duties, and
regulation of justice courts.
Local Government Code
Subject to immediate removal from office for conviction
of official misconduct;
Sec. 87.031
May be removed from office by district judge for
incompetence, official misconduct, intoxication, after
trial;
Sec. 87.011 et seq.
Commissioners court divides counties into precincts for
the election of JPs;
Secs. 81.021; 71.022
Vacancy filled by commissioners court;
Sec. 87.041
Must be notified if sureties relieved from bond;
Sec. 88.003
Requirement of new bond or additional security;
Sec. 88.007
Government Code
Business may be conducted by first assistant or chief
deputy when physical vacancy occurs in public office
until vacancy is filled;
Sec. 601.002
Designation of time and place of holding justice court;
Sec. 27.051
Place in courthouse for JP court to be provided by
commissioners court in any city over 75,000;
Sec. 27.051
Responsible for office records, dockets, books, or
papers;
Sec. 27.004
Bond required; all monies coming into office to be
turned over to person entitled;
Sec. 27.001
The JP is commissioned as justice of the peace of his
precinct and ex officio notary public;
Sec. 27.002
The nearest JP may perform duties temporarily for
vacancy, absence, or unwillingness of a JP;
Sec. 27.052
May not sit in a case if either of the parties is related by
affinity or consanguinity within the third degree;
Sec. 21.005
May exchange benches within a county;
Sec. 27.054
130
JUSTICE OF THE PEACE
AUTHORITY
3. DESCRIPTION OF OFFICE AND REGULATION OF
JUSTICE COURTS, continued
Government Code
Temporary JP may be appointed by county judge if
regular justice is disqualified or temporarily unable to
perform duties;
Sec. 27.055
Must continue education notwithstanding being a
licensed attorney;
Sec. 27.005
Sureties for bond required of each county officer;
Chapter 604
Texas Constitution
Vacancies in judicial offices;
Art. V, Sec. 28
Transition from two-year to four-year term of office;
Art. XVI, Sec. 65
Holding more than one office, exceptions;
Art. XVI, Sec. 40
Compensation on a salary basis.
Art. XVI, Sec. 61
4. FINANCIAL DUTIES AND TRANSACTIONS
The justice of the peace has duties related to the
collection of fees, keeping account of the financial
transactions of the office, and responsibilities in regard
to the provisions, expenses, and compensation of the
office.
Local Government Code
Keep account of fees earned and have it examined by
county auditor;
Sec. 114.041
Make sworn statement of expenses at end of month;
Sec. 153.003
Make payment to Officers Salary Fund (General Fund)
by end of month;
Secs. 113.021; 154.001 et
seq.
Report collections of fines, judgments, and jury fees to
commissioners court;
Sec. 114.044
Accounts, dockets, and records of JP to be examined
by county auditor or treasurer and reported to
commissioners court;
Sec. 115.901
Duties for which fees must be collected listed;
Sec. 118.121–118.1235
131
JUSTICE OF THE PEACE
DUTY/RESPONSIBILITY
AUTHORITY
4. FINANCIAL DUTIES AND TRANSACTIONS,
continued
Local Government Code
May receive certain fees in addition to salary;
Sec. 154.005
Telephones, offices, furniture, and supplies will be
furnished by commissioners court; if caseload is
significant, courtrooms may be furnished;
Sec. 291.004
Additional office buildings housing justice courts to be
located in justice precinct by commissioners court;
Sec. 292.001
JP salaries fixed by commissioners court;
Sec. 152.011 et seq.
Fees collected for marriage ceremonies not counted as
fees of office;
Sec. 154.005
Not entitled to fee for examination or filing of papers or
records, motions for security of costs, or handling
bonds;
Sec. 118.124
Comply with financial statement reporting
requirements;
Chapter 159
Government Code
Keep fee book subject to all inspection;
Sec. 603.006
Keep fees posted in office;
Sec. 603.008
Parks and Wildlife Code
Transmit fines collected for violations of wildlife
regulations to Texas Parks and Wildlife Department.
Sec. 12.107
132
CONSTABLE
Overview .....................................................................................
133
1. Description of Office ....................................................................
134
2. Service of Process .......................................................................
Service of Notices & Writs
Seizure of Property
Jury Summons
Liabilities
134
3. Law Enforcement Duties .............................................................
136
4. Personnel Duties .........................................................................
137
5. State Agencies ............................................................................
138
6. Recordkeeping, Compensation, and Financial Transactions ......
139
133
CONSTABLE
The constable is elected to a constitutionally created office (Tex. Const. Art. V,
Sec. 18) for four years within each justice precinct. The constable is an authorized
peace officer and is the chief process server of the justice court. The constable
has statewide jurisdiction to execute any criminal process, and countywide
jurisdiction to execute any civil process. The constable may also execute process
issued by some state agencies.
The constable also has duties related to keeping accounts of the financial
transactions of the office and is responsible for property seized or money collected
by court order.
In November 1983, voters approved a constitutional amendment authorizing fewer
constable precincts in certain counties. The number of justice of the peace and
constable precincts in each county is to be determined by the population
according to the most recent federal census. The amendment of Article V, Section
18 of the Texas Constitution took effect January 1, 1984.
134
CONSTABLE
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Effect of boundary change term of office;
Secs. 81.021; 86.001
Bond with sureties required to take office;
Sec. 86.002
May be removed from office for failure to give new
bond when required;
Sec. 86.003
Must maintain permanent peace officer license status
while in office;
Sec. 86.0021
Office no longer deemed vacant for failure or refusal to
give bond and take oath;
Sec. 86.002
Vacancy filled by commissioners court;
Sec. 87.041
Removal from office by district judge for incompetence
or official misconduct;
Secs. 87.012–87.014
Complete unfinished business of predecessor;
Sec. 86.025
Commissioners court divide county into precincts for
election of constable;
Secs. 81.021; 71.022
Texas Constitution
Transition from two-year to four-year term;
Art. XVI, Sec. 65
Elected in justice precinct for four years;
Art. V, Sec. 18
Civil Practice and
Remedies Code
Liable for damages resulting from neglect of duties.
Sec. 7.001
2. SERVICE OF PROCESS
The constable is the chief process server of the justice
of the peace court, serves a variety of judicial
processes and notices, and is responsible for property
seized under such actions.
135
CONSTABLE
AUTHORITY
2. SERVICE OF PROCESS, continued
Local Government Code
Shall execute and return all processes, warrants, and
precepts directed by lawful officers; attend upon all
justice courts in his precinct;
Sec. 86.021
May serve eviction notices out of uniform as a private
process server.
Sec.154.005(d)
May execute any civil or criminal process, throughout
county and otherwise;
Sec. 86.021
Subject to fine for contempt (fine for benefit of party
injured) for failure or refusal to execute or return
process;
Sec. 86.024
Responsible on his bond for failure to pay money
collected;
Sec. 86.023
Execute process issued by commissioners court;
Sec. 81.022
Serve notice of termination of surety of public officials;
Sec. 88.003
Government Code
Execute process issued by proper officer of any court
martial in state military forces;
Sec. 432.188
Summon jurors for justice court in counties of
2.8 million;
Sec. 62.411
Agriculture Code
Seize and impound animals and notify owner, if known;
give proper notice and sell impounded animals at
public auction;
Sec. 142.001 et seq.
Civil Practices and
Remedies Code
Subject to suit within five years for not returning
execution;
Sec. 16.007
Texas Rules of Civil
Procedure
All civil process may be served by a constable (or
sheriff) of the county in which party to be served is
found;
Rule 103
Writs and process directed at constable or sheriff
(form);
Rules 15, 16, 17
Serve issued citation by means of publication;
Rules 116, 117
136
CONSTABLE
AUTHORITY
2. SERVICE OF PROCESS, continued
Texas Rules of Civil
Procedure
Serve and return temporary injunction;
Rules 688, 689
Execute subpoenas;
Rule 176 et seq.
Summon persons to complete jury;
Rule 504.2
May sell perishable, seized personal property upon
order of justice of the peace;
Rule 600
Make written return of such sale and pay proceeds to
county clerk or justice of the peace;
Rule 604
Make report concerning disposition of property;
Rule 607
Execute and return distress warrant;
Rule 610 et seq.
Sell perishable property seized under distress warrant
or writ of sequestration;
Rules 615, 710
Make written return of such;
Rule 618
Carry out execution of judgment;
Rule 637
Execute and return writ of garnishment;
Rule 663
Execute writ of sequestration;
Rule 699
Estates Code
Serve and return notices and citations in probate
matters;
Sec. 51.051 et seq
3. LAW ENFORCEMENT DUTIES
The constable has several law enforcement duties as
peace officer.
Local Government Code
May assist other law enforcement officers under
interlocal agreements;
Secs. 362.001; 362.002;
362.003
Transportation Code
May confiscate illegally placed outdoor signs;
Sec. 393.003
137
CONSTABLE
AUTHORITY
3. LAW ENFORCEMENT DUTIES, continued
Transportation Code
May enforce state traffic regulations;
Chapter 541 et seq.
Must display badge before enforcing traffic laws;
Sec. 720.001
Designation by commissioners court of constable or
deputy as a weight enforcement officer for county
roads;
Sec. 621.4015
Health and Safety Code
May obtain warrant to impound cruelly-treated animals;
Chapter 821
Parks and Wildlife Code
Assist federal government with law enforcement in
parks and recreational areas owned by Army;
Sec. 11.019 note
Texas Code of Criminal
Procedure
May arrest without warrant for felonies or offenses
against public peace committed in his view;
Art. 14.01
May arrest without a warrant by order of magistrate for
offenses committed in magistrate's view;
Art. 14.02
May request prosecuting attorney to seek judicial
approval of interception of certain communications;
Art. 18.21 [repealed 2017]
Penal Code
May seek prosecution for interference (other than
speech) with the exercise of official duties;
Sec. 38.15
May seek prosecution for taking a firearm from a peace
officer.
Sec. 38.14
4. PERSONNEL DUTIES
The constable has duties regarding other county
personnel.
138
CONSTABLE
AUTHORITY
4. PERSONNEL DUTIES, continued
Local Government Code
Apply to commissioners court for deputies, assistants,
or clerks (appointment, salaries described);
Sec. 151.001 et seq.
May appoint deputy constables (with application to
commissioners court);
Sec. 86.011
Responsible for official acts of deputies and may
require bond and security;
Sec. 86.011
Shall not incur liability for personal injury of reserve
deputy constable;
Sec. 86.012
May be authorized by commissioners court to appoint
reserve deputy constables (number may be limited by
court);
Sec. 86.012
Complete unfinished business of predecessor;
Sec. 86.025
Government Code
May adjourn court (at default of sheriff) if county judge
fails to appear;
Sec. 26.003
Benefits and financial assistance for survivors of peace
officers killed in line of duty;
Chapter 615
May purchase firearm from county upon honorable
retirement;
Chapter 614
Provide court security officers.
Chapter 158
Exercise authority under statute allowing the transfer of
service animals, including horses and dogs, to former
handlers.
Sec. 614.211 et seq.
5. STATE AGENCIES
The constable has duties and responsibilities related to
state agencies.
Occupations Code
Subject to standards developed by the Commission on
Law Enforcement;
Sec. 1701.003
Government Code
Made associate member of Texas Department of
Public Safety;
Sec. 411.009
Cooperate with director of public safety in crime
prevention and public safety;
Sec. 411.009
Comply with order for cooperation from director of
public safety;
Sec. 411.009
139
CONSTABLE
AUTHORITY
5. STATE AGENCIES, continued
Government Code
Execute process issued by proper officer of any court
martial in state military forces;
Sec. 432.188
Serve process and execute orders of State
Commission on Judicial Conduct;
Sec. 33.028
Agriculture Code
May assist in the enforcement of the Nursery Stock Act
(diseased plants);
Sec. 71.049
May assist state entomologist to serve all papers,
orders, summons, and writs;
Sec. 131.104
Natural Resources Code
Execute all processes issued by the Texas Railroad
Commission.
Sec. 81.092
6. RECORDKEEPING, COMPENSATION, AND
FINANCIAL TRANSACTIONS
The constable has duties related to keeping accounts
of the financial transactions of his office, collecting
fees, and compensation.
Local Government Code
Accounting forms used by constable to be prescribed
by county auditor;
Secs. 112.001;112.002
Constable's accounts subject to examination by county
auditor or treasurer;
Sec. 115.901
Make settlement of accounts and fees collected into
salary fund (general fund);
Sec. 154.001 et seq.
Keep a correct statement of all fees, deposits, and trust
funds;
Sec. 114.041
Entitled to charge expenses for conduct of office;
Secs. 154.024; 154.044
Itemize fees charged for person chargeable;
Sec. 118.131 et seq.
Vernon’s Revised Civil
Statutes
May receive reduced transportation rate for official
business;
Art. 4015d
140
CONSTABLE
AUTHORITY
6. RECORDKEEPING, COMPENSATION, AND
FINANCIAL TRANSACTIONS, continued
Government Code
Post complete list of fees in office;
Sec. 603.008
Liable to aggrieved party for excessive fees charged;
Sec. 603.010
Texas Constitution
Constables to be compensated on salary basis;
Art. XVI, Sec. 61
Texas Code of Criminal
Procedure
Keep fee book.
Art. 103.009
141
COUNTY ATTORNEY
Overview .....................................................................................
142
1. Description of Office ....................................................................
Requirements of Office
Compensation and Personnel
143
2. Administrative and Advisory Duties .............................................
Financial Accounts
Representation for County
Assistance to Attorney General
144
142
COUNTY ATTORNEY
The county attorney is elected from each county in which there is not resident
criminal district attorney. A county attorney serves a term of four years. The duties
of the county and district attorney may frequently coincide. In some counties, the
county attorney is the chief prosecuting officer for the county courts. The county
attorney usually handles only criminal misdemeanor cases, as well as civil suits
affecting the county and other matters such as child support cases, revocation of
probation, bond forfeitures, and commitment proceedings. The district attorney
prosecutes felony cases in district court and represents state agencies, when
requested to do so by the Attorney General's Office, in initiating court proceedings.
However, this division of duties may vary; the district attorney may prosecute
misdemeanor cases, and a county attorney may appear in district court.
The county attorney is the chief legal advisor to the county. The county attorney's
office generally handles county requests for legal opinions from the Attorney
General's Office. The county attorney may also represent the county in suits
affecting payment of taxes and eminent domain.
143
COUNTY ATTORNEY
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Subject to removal for failure to give bond;
Sec. 87.014
Maintain office at county seat; keep all original records;
Sec. 291.002
Vacancy filled by commissioners court;
Sec. 87.041
May be removed from office by district judge for cause;
Secs. 87.012; 87.013
Government Code
Physical vacancy to be filled by first assistant until
election or appointment of new officer;
Sec. 601.002
Legislation concerning creation of county attorneys,
their salaries, expenses, and bond;
Chapters 41 and 45
Execute bond with sureties (depositing and recording);
Sec. 45.001
Compensation and duties of assistants;
Sec. 41.106
Appointment of investigators;
Sec. 41.109
Employment and qualifications of assistants and other
personnel for prosecuting (county) attorney;
Secs. 41.102; 41.103
Shall not receive rewards, gifts, fees from any person
to prosecute;
Sec. 41.004
Completion of continuing education requirements
regarding disclosure of exculpatory or mitigating
evidence;
Sec. 41.111
Admissions made by county attorney in any suit or
action to which the state is a party shall not prejudice
rights of state;
Sec. 41.003
May participate in retirement system for county
employees;
Chapters 841-845
General provisions;
Chapter 41
County attorneys, generally;
Chapter 45
Texas Code of Criminal
Procedure
Duties of county attorney;
Art. 2.02
Present information to court regarding neglect or failure
of duty of any officer;
Art. 2.03
Draw up complaints about offenses committed in
county to be sworn to by complaint;
Art. 2.04
May administer oaths (for complaints made);
Art. 2.06
Attorney pro tem may be appointed by judge of court
for county attorney disqualified or absent from county;
Art. 2.07
144
COUNTY ATTORNEY
AUTHORITY
1. DESCRIPTION OF OFFICE, continued
Texas Code of Criminal
Procedure
May not counsel adversely to the state in any case;
Art. 2.08
May seek forfeiture of assets proved to be criminal
contraband.
Chapter 59
2. ADMINISTRATIVE AND ADVISORY DUTIES
The county attorney has certain administrative and
advisory duties not directly related to his public
prosecuting and judicial functions.
Local Government Code
Keep statement of all fees, deposits, and trust funds to
be examined by county auditor (or commissioners
court);
Sec. 114.041
May represent county officials and employees in suits
affecting official duties;
Secs. 157.901; 157.9015
May bid for and sell state property;
Sec. 270.002
May assist a county or regional housing authority;
Sec. 392.040
Assist county park board, if one created;
Sec. 320.048
Representation of state in actions to remove county
officials from office; heard in district court;
Chapter 87
Occupations Code
May seek to enjoin unlawful raffles;
Chapter 2002
Civil Practice and
Remedies Code
Right to bring action to enjoin violations of revenue
laws;
Sec. 65.016
Prosecution of common and public nuisances;
Chapter 125
Education Code
Repayment assistance by state coordinating board for
law school loans of prosecutors in rural counties;
Sec. 61.9601 et seq.
145
COUNTY ATTORNEY
AUTHORITY
2. ADMINISTRATIVE AND ADVISORY DUTIES,
continued
Transportation Code
Represent county in suits against drivers for damages
to county roads (when road closed to traffic);
Sec. 251.160
May exempt vehicles from identification requirement;
Sec. 721.005
File suit for collection of drainage assessments against
any land or landowner;
Sec. 254.017
Government Code
Assist Attorney General in nepotism suits involving
removal of officers;
Sec. 573.082
Request legal opinions from Attorney General
(concerning county business); request allowed by
attorneys in the civil legal department of certain
counties;
Sec. 402.043
Keep proper books of official acts and reports open to
inspection by the governor's office or commissioners
court;
Sec. 41.008
Pay all money collected for state or county into
treasury of state or county and file report of all money
received in office yearly with comptroller or county
treasurer;
Sec. 41.005
Upon request, give legal opinion in writing to any
county officer concerning official duties;
Sec. 41.007
Institute proceedings to prosecute any county officer
for neglect or abuse of duties over public funds;
Sec. 41.009
Report information to Attorney General concerning
criminal matters and interests of state in county;
Sec. 41.006
Allow to continue in office if mobilized or deployed by
the military;
Sec. 41.015
Tax Code
May, if requested, represent the county to enforce
collection of delinquent taxes;
Sec. 6.30(a)
Property Code
Authority to enforce subdivision deed restrictions, in
counties with a population of 200,000 or more;
Chapter 203
146
COUNTY ATTORNEY
AUTHORITY
2. ADMINISTRATIVE AND ADVISORY DUTIES,
continued
Penal Code
Authority to carry concealed handgun;
Sec. 46.15
Prosecution of criminal offenses of public bribery,
corrupt influence, obstructing governmental operations,
abuse of official capacity, official oppression, and
misuse of official information;
Chapters 36, 38, 39
Business and Commerce
Code
Lend assistance to consumer protection division of
Attorney General's Office and receive assistance from
them.
Sec. 17.48
147
DISTRICT ATTORNEY
Overview .....................................................................................
148
1. Description of Office ....................................................................
Requirements of Office
Compensation and Personnel
149
2. Administrative Duties...................................................................
Financial Accounts
Advisory Functions
Assistance to Attorney General
150
148
DISTRICT ATTORNEY
The district attorney is elected from a judicial district for four years. The district
attorney is primarily an attorney for the state and attends the state district court,
although not exclusively. The district attorney may represent various state
agencies when the Attorney General does not do so. In addition, the district
attorney may assist the Attorney General's Office in enforcing the rule and
regulations of state agencies and the conduct of state officials (for example, the
Public Integrity Unit in Travis County).
In some counties, the duties of the district attorney are centered primarily on
prosecution of felony criminal offenses; in others, the district attorney may be
responsible for civil suits concerning the state, as well as misdemeanor offenses.
The district attorney also has an advisory function in regard to county and state
officials. The various statutes regulating the prosecuting and judicial duties of the
district attorney, as well as the court-related functions regarding state agencies,
are outside the scope of this guide.
149
DISTRICT ATTORNEY
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Subject to removal for failure to give bond;
Sec. 87.014
May be removed from office by district judge;
Secs. 87.012; 87.013
Venue of proceedings against district attorney;
Sec. 87.015
Special counsel may be employed in counties of more
than 1.25 million;
Sec. 89.001
Government Code
Physical vacancy to be filled by first assistant until
election or appointment of new officer;
Sec. 601.002
Creation of the offices of district attorney and criminal
district attorney in judicial districts and legislation
regarding salaries, expenses, and bond;
Chapters 43 and 44
Compensation for staff;
Sec. 41.106
May remove assistants;
Sec. 41.105
Receive no salary for time of failure to attend court;
Sec. 43.003
Qualifications of district attorney and employment of
assistants;
Secs. 41.001; 41.101 et
seq.
Shall not receive rewards, gifts, fees from any person
for prosecution;
Sec. 41.004
Admissions made by district attorney in any suit or
action to which the state is a party shall not prejudice
rights of the state;
Sec. 41.003
Participate in retirement system for state employees;
Sec. 812.002
General provisions;
Chapter 41
District attorneys, generally;
Chapter 43
Criminal district attorneys, generally;
Chapter 44
Professional prosecutors;
Chapter 46
Secure self-insured coverage in lieu of official bond
where authorized;
Sec. 43.002
Code of Criminal
Procedure
Duties of district attorney;
Art. 2.01
May not be counsel adversely to the state in any case;
Art. 2.08
Use of forfeiture fund consisting of criminal contraband.
Chapter 59
150
DISTRICT ATTORNEY
AUTHORITY
2. ADMINISTRATIVE DUTIES
The district attorney has certain administrative duties
not directly related to his public prosecuting and judicial
functions.
Local Government Code
Shall make report to commissioners court on fees
collected;
Sec. 114.044
Accounting regulations to be used by district attorney
prescribed by county auditor in counties of 190,000
population;
Sec. 112.002
May represent county officials and employees;
Sec. 157.901
May bid for and sell state property;
Sec. 270.002
May make purchase in conformance with county
purchasing laws;
Sec. 140.003
Purchasing and financial accounting requirements as a
“specialized local entity”;
Sec. 140.003
Occupations Code
May seek to enjoin unlawful raffles;
Sec. 2002.058
Education Code
Repayment assistance by state coordinating board for
law school loans of prosecutors in rural counties;
Sec. 61.9601 et seq.
Government Code
Shall assist Attorney General in nepotism quo warranto
proceedings whenever ordered to do so;
Sec. 573.082
Receive advice from Attorney General upon request;
Sec. 402.043
Notification of Attorney General after election;
Sec. 41.002
Keep proper books of official acts and reports open to
inspection by the governor's office or commissioners
court;
Sec. 41.008
Pay money collected into state or county treasury and
file reports in office of comptroller yearly for all monies
received by his office;
Sec. 41.005
Give legal opinions in writing to county or precinct
officers regarding their official duties;
Sec. 41.007
151
DISTRICT ATTORNEY
AUTHORITY
2. ADMINISTRATIVE DUTIES, continued
Government Code
Report to the Attorney General, when required,
information about criminal matters and interests of
state in his district;
Sec. 41.006
Institute proceedings against any officer of county
abusing or neglecting duties over public funds;
Sec. 41.009
Allow to continue in office if mobilized or deployed by
the military;
Sec. 41.015
Penal Code
Authority to carry concealed handgun;
Sec. 46.15
Prosecution of criminal offenses of public bribery,
corrupt influence, obstructing governmental operations,
abuse of official capacity, official oppression, and
misuse of official information;
Chapters 36, 38, 39
Texas Code of Criminal
Procedure
Present information to court regarding neglect or failure
of duty of any officer;
Art. 2.03
Draw up complaints about offenses committed in
district to be sworn to by complainant;
Art. 2.04
May administer oaths (for complaints made);
Art. 2.06
May seek forfeiture of criminal contraband assets;
Chapter 59
Comply with authorized expenditure of forfeiture fund,
to include office equipment, supplies, training, witness
costs, etc.;
Art. 59.06
Attorney pro tem may be appointed by judge of court
for district attorney disqualified or absent from district;
Art. 2.07
Tax Code
May, if requested, represent the county to enforce
collection of delinquent taxes;
Sec. 6.30(a)
152
DISTRICT ATTORNEY
AUTHORITY
2. ADMINISTRATIVE DUTIES, continued
Business and Commerce
Code
Lend assistance to consumer protection division of
Attorney General's Office and receive assistance from
them;
Sec. 17.48
Civil Practice and
Remedies Code
Right to bring action to enjoin violations of revenue
laws.
Sec. 65.016
153
COUNTY AUDITOR
Overview .....................................................................................
154
1. Description of Office ....................................................................
155
2. Financial Operation of County Offices ........................................
155
3. Recordkeeping ............................................................................
157
4. Supervision of Improvement Districts ..........................................
158
5. Miscellaneous Budget-related Duties ..........................................
158
154
COUNTY AUDITOR
The county auditor is appointed by the district judge or judges in counties with a
population over 10,200 (Local Government Code, Sec. 84.002). The following
duties and responsibilities of the county auditor are arranged according to several
categories. The first category includes a few miscellaneous statutes related to the
general description of the office. The second category covers those statutes
related to the auditor's budgetary functions.
The auditor serves as a check on the financial operations of other county offices
and has certain financial accounting and recordkeeping responsibilities, as well as
certain duties related to the operation of improvement districts.
155
COUNTY AUDITOR
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Auditors for counties over or under 10,200;
Sec. 84.002
Joint auditors for other counties;
Sec. 84.008
Qualification of auditor includes, good moral character
and intelligence, competent business ability, and two
years experience as accountant;
Sec. 84.006
Must take oath and make bond within 20 days of
appointment;
Sec. 84.007
May appoint assistants and organize office with
consent of district judge;
Sec. 84.021
Gets mileage for use of personal car in connection with
county business;
Sec. 152.035
Salary set by district judges; not to exceed salary of
highest paid elected county official;
Secs. 152.031; 152.032
May have salary set by district judges following public
hearing;
Sec. 152.905
Term of office is two years; term begins on January 1
of each odd numbered year (bracket legislation).
Secs. 84.004; 84.005
2. FINANCIAL OPERATION OF COUNTY OFFICES
The county auditor serves as a check on the financial
operations of other county offices.
Local Government Code
Serve as a check on treasurer in recordkeeping of
deposit of funds and examining reports to
commissioners courts on finances; count or examine
money or accounts on deposit with treasurer on
occasion without notice;
Sec. 115.003
Relieve county clerk of duties;
Sec. 112.009
Request and receive reports or other financial
information from other county officials;
Sec. 114.003
Appointment of assistants;
Sec. 84.021
Public hearing conducted by district judge before
setting salary of auditor and assistants;
Sec. 152.905
Determination of compensation and expenses;
Sec. 152.031 et seq.
156
COUNTY AUDITOR
DUTY/RESPONSIBILITY
AUTHORITY
2. FINANCIAL OPERATION OF COUNTY OFFICES,
continued
Local Government Code
Have general oversight of all books and records of the
county related to collection of money and responsible
for strict enforcement of laws governing county
finances;
Sec. 112.006
Have access to all financial accounts of other officers
and the commissioners court to determine correctness
of same;
Sec. 115.001
May not approve order for payment to a person owing
the state or county money;
Sec. 154.045
Examine all reports on collection of money made to the
commissioners court;
Sec. 115.002
May examine accounts, dockets, and records of JP's
constables, sheriffs, and tax collector;
Sec. 115.901
Keep records from copies of warrants issued for
deposit in county treasury;
Sec. 113.023
Examine and approve all claims, bills, and accounts
against the county before submission to
commissioners court;
Sec. 113.064
Adhere to statutory requisites for approval of claims;
Sec. 113.065
Keep account of all monies accruing to offices and
examine such accounts of other county officials;
Sec. 114.041
May audit all accounts of county and district official
including forfeitures;
Sec. 115.0035
Conduct of independent audits;
Secs. 115.031 et seq;
115.041 et seq.
Maintain current audit of all money and funds of Board
of Park Commissioners;
Sec. 320.043
Shall, with approval of the commissioners court,
establish a procedure for administering an electronic
funds transfer system for the payment of salaries,
compensation, and reimbursement to officers and
employees;
Sec. 156.001
Human Resources Code
Audit collections and disbursements of money made by
certain juvenile probation officers;
Chapter 152
157
COUNTY AUDITOR
AUTHORITY
2. FINANCIAL OPERATION OF COUNTY OFFICES,
continued
Tax Code
Refund erroneous overpayment of taxes.
Sec. 31.11
3. RECORDKEEPING
The county auditor has certain recordkeeping
responsibilities.
Local Government Code
Keep a register of all orders for payment issued by
judges or clerks on county treasury;
Sec. 113.046
Keep account for officers collecting funds and in so
doing relieve county clerk of keeping finance ledger;
Sec. 112.005
Maintain general set of books showing all transactions
of county relating to accounts, contracts, indebtedness,
receipts, and disbursements;
Sec. 112.007
Receive report of receipts and disbursements of
private business operations on public property;
Sec. 291.006
Make monthly and annual report to commissioners
court and to district judge;
Sec. 114.025
Prescribe system of accounting; determine time and
manner for reports;
Secs. 112.002; 114.002
Keep records from copies of warrants issued for
deposits in county treasury;
Sec. 113.023
Act as purchasing agent in certain counties;
Sec. 262.012 et seq.
Keep account of all monies accruing to office and
examine such accounts of other county officials;
Sec. 114.041
Responsible for equipment and personnel records in
counties over 500,000 (includes employees of flood
control district);
Sec. 151.903
Make payroll deductions for authorized purpose on
request;
Sec. 155.001 et seq
Place interest from registry funds in general fund;
Sec. 117.054
Maintain payroll records for county officers who elect
not to be paid for their services;
Secs. 152.051; 152.052
158
COUNTY AUDITOR
AUTHORITY
3. RECORDKEEPING, continued
Local Government Code
May accept affidavit from county officials elected on a
platform advocating abolishment of office.
Sec. 152.052
4. SUPERVISION OF IMPROVEMENT DISTRICTS
The county auditor has certain responsibilities over the
finances of various improvement districts.
Local Government Code
Relieve county clerk of duties;
Sec. 112.009
Responsible for equipment and personnel records in
counties over 500,000 including flood control districts;
Sec. 151.903
Access to special district records whose budget is
approved by commissioners court.
Sec. 115.0036
5. MISCELLANEOUS BUDGET--RELATED DUTIES
In certain counties the auditor has budget-related
responsibilities.
Local Government Code
Prepare estimate of revenues and expenses for
commissioners court for budget purposes;
Sec. 111.033
Serve as budget officer in counties over 225,000 and
certify to commissioners court receipt of all public or
private grant or aid money;
Sec. 111.032 et seq.
May assist county judge in preparation of budget
(counties of 225,000 or less).
Sec. 111.003
159
COUNTY SURVEYOR
Overview .....................................................................................
160
1. Description of Office ....................................................................
161
2. Examination and Recording of Surveys and Records.................
161
160
COUNTY SURVEYOR
The county surveyor is elected in a general election for a term of four years to
maintain the survey records of the county. The county surveyor usually receives
no salary, but may be compensated on a fee basis (Tex. Const. Art. XVI, Sec. 61)
and may receive office space. If the person is a duly registered and licensed state
land surveyor, he may have responsibilities outside the county. Many counties in
Texas do not have an elected county surveyor but may appoint a licensed
surveyor to fill those duties.
161
COUNTY SURVEYOR
AUTHORITY
1. DESCRIPTION OF OFFICE
Local Government Code
Vacancy filled by commissioners court;
Sec. 87.041
May be removed for failure to give bond;
Sec. 87.014
May be removed from office by district judge, for
cause;
Sec. 87.012
Fees of county surveyor for services listed;
Sec. 118.161
Occupations Code
Election eligibility;
Sec. 1071.254
If acting as state land surveyor, must be duly
registered, licensed, or exempted in order to practice
state land surveying;
Sec. 1071.251
A licensed surveyor may have jurisdiction outside
county, although elected county surveyor;
Sec. 1071.357
Field notes of licensed surveyor in any county are
admissible as are field notes of county surveyor;
Sec. 1071.359
A licensed surveyor may perform the duties of county
surveyor if elected;
Sec. 1071.357
Natural Resources Code
Must be registered professional land surveyor;
Sec. 23.011
Reside in county;
Sec. 23.012
Execute bond, amount fixed by commissioners court;
Sec. 23.013
Locate office at courthouse or other building in county
seat;
Sec. 23.016
Texas Constitution
Hold office for four years.
Art. XVI, Secs. 44, 65
2. EXAMINATION AND RECORDING OF SURVEYS
AND RECORDS
The county surveyor has duties related to the
examination and recording of field notes, surveys, and
plats in his county, and receiving applications for the
right to prospect in certain areas.
162
COUNTY SURVEYOR
AUTHORITY
2. EXAMINATION AND RECORDING OF SURVEYS
AND RECORDS, continued
Local Government Code
Appointment of surveyor to run a sufficiently definite
county line;
Sec. 72.001 et seq.
Occupations Code
May provide regulations for examination of survey
records by any licensed surveyor;
Sec. 1071.361
Natural Resources Code
Shall perform duties required by law;
Sec. 23.051
Receive and examine all field notes of surveys in
county for which patents are obtained; certify and
record them;
Sec. 23.052
Record all surveys and plats in county, private or
official;
Sec. 23.053
Field records of surveyor's office may be examined by
any interested person; fee charged;
Sec. 23.054
May be ordered by commissioners court to bind
records;
Sec. 23.055
In absence of elected county surveyor, county clerk
has charge of records;
Sec. 23.057
Shall deliver all records, books, and other materials of
office to successor;
Sec. 23.058
May appoint deputy surveyor as necessary; administer
official oath and take bond;
Sec. 23.014(a), (b)
Deputy may perform all acts of county surveyor;
Sec. 23.014(c)
May employ persons 16 or older as chain carriers or
markers, and administer oath;
Sec. 23.015
File, with date and hour recorded, applications to
purchase or lease vacant public school land;
Sec. 51.173 et seq.
May be appointed to survey a vacancy by land
commissioner;
Sec. 51.171 et seq
Entitled to fees for recording documents with county
clerk and for issuance of certified copies;
Sec. 23.060
Form of survey of vacancy prescribed;
Sec. 51.185
Liable for damages to injured parties for failure to make
or have survey made;
Sec. 23.059
163
COUNTY SURVEYOR
AUTHORITY
2. EXAMINATION AND RECORDING OF SURVEYS
AND RECORDS, continued
Civil Practice and
Remedies Code
Presumption of accurate boundary line descriptions in
state disputes.
Sec. 18.033