LOCAL GOVERNMENT CODE
SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS
CHAPTER 81. COMMISSIONERS COURT
SUBCHAPTER A. ORGANIZATION AND PROCEDURE
§ 81.001. COMPOSITION, PRESIDING OFFICER. (a) The
members of the commissioners court are the county judge and the
county commissioners.
(b) If present, the county judge is the presiding officer of
the commissioners court.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 81.002. OATH, BOND. (a) Before undertaking the
duties of the county judge or a county commissioner, a person must
take the official oath and swear in writing that the person will not
be interested, directly or indirectly, in a contract with or claim
against the county except:
(1) a contract or claim expressly authorized by law;
or
(2) a warrant issued to the judge or commissioner as a
fee of office.
(b) A commissioner must execute a bond, payable to the
county treasurer, in the amount of $3,000. The bond must be
approved by the county judge and must be conditioned on the faithful
performance of the commissioner's official duties. The bond must
also be conditioned that the commissioner:
(1) will reimburse the county for all county funds
illegally paid to the commissioner; and
(2) will not vote or consent to make a payment of
county funds except for a lawful purpose.
(c) Subject to the provisions of Chapter 171, the county
judge or a county commissioner may serve as a member of the
governing body of or as an officer or director of an entity that
does business with the county, excluding a publicly traded
corporation or a subsidiary, affiliate, or subdivision of a
publicly traded corporation.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 475, § 1, eff. Aug. 28, 1989; Acts
1999, 76th Leg., ch. 62, § 13.02, eff. Sept. 1, 1999.
§ 81.0025. CONTINUING EDUCATION. (a) A county
commissioner must successfully complete at least 16 classroom hours
of continuing education in the performance of the duties of county
commissioners at least once in each 12-month period.
(b) Continuing education instruction required by this
section must be certified by an accredited public institution of
higher education.
(c) To satisfy the requirement of this section, a
commissioner is entitled to carry forward from one 12-month period
to the next not more than eight continuing education hours that the
commissioner completes in excess of the required 16 hours.
(d) For the purposes of removal under Subchapter B, Chapter
87, "incompetency" in the case of a county commissioner includes
the failure to complete hours of continuing education in accordance
with this section.
(e) This section does not apply to a county commissioner
who:
(1) serves in a county with a population of 1.3 million
or more;
(2) has served continuously for 12 years or more; and
(3) attends at least 15 hours of staff briefing on
continuing education subjects in each 12-month period as approved
by the County Judges and Commissioners Association of Texas.
(f) In addition to the exceptions under Subsection (e), this
section does not apply to a county commissioner who serves in a
county with a population of 225,000 or more and who:
(1) has served continuously for 12 years or more; and
(2) in the 12-month period, completes at least three
semester credit hours of graduate-level course work in a field of
study directly related to county government with a grade of B or
higher in each course completed during the period.
Added by Acts 1989, 71st Leg., ch. 413, § 1, eff. Jan. 1, 1990.
Amended by Acts 1991, 72nd Leg., ch. 111, § 1, eff. Jan. 1, 1992;
Acts 1995, 74th Leg., ch. 294, § 1, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 1235, § 1, eff. Jan. 1, 1998; Acts 2003,
78th Leg., ch. 454, § 1, eff. Jan. 1, 2004.
§ 81.003. CLERK. (a) The county clerk is the clerk of
the commissioners court. The clerk shall:
(1) serve the court during each of its terms;
(2) keep the court's books, papers, records, and
effects; and
(3) issue the notices, writs, and process necessary
for the proper execution of the court's powers and duties.
(b) The court shall require the clerk to record the
proceedings of each term of the court. This record may be in a paper
or electronic format. After each term the clerk shall attest to the
accuracy of this record.
(c) The clerk shall record the court's authorized
proceedings between terms. This record may be in a paper or
electronic format. The clerk shall attest to the accuracy of the
record.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 2003, 78th Leg., ch. 301, § 4, eff. Sept. 1, 2003.
§ 81.004. SEAL. (a) The commissioners court shall
have a seal on which is engraved:
(1) the words "Commissioners Court, (name of county)
County, Texas"; and
(2) a five-pointed star or a design selected by the
court and approved by the secretary of state.
(b) The clerk shall keep the seal and use it to authenticate
official acts of the court or its presiding officer or clerk that
require a seal for authentication.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 81.005. TERMS OF COURT, MEETINGS. (a) At the last
regular term of each fiscal year of the county, the commissioners
court by order shall designate a day of the week on which the court
shall convene in a regular term each month during the next fiscal
year. If the completion of the court's business does not require a
monthly term, the court need not hold more than one term a quarter.
A regular term may continue for one week but may be adjourned
earlier if the court's business is completed.
(b) The county judge or three county commissioners may call
a special term of the court. A special term may continue until the
court's business is completed. A special term may be held at a
meeting place located in the county and outside the county seat if:
(1) the commissioners court agrees to meet in that
location; and
(2) the meeting place is in a building providing
public access that can accommodate the number of persons expected
to attend the meeting.
(c) Except as provided by Subsections (b) and (f) of this
section, the term shall be held at:
(1) the county seat at the courthouse;
(2) an auxiliary courthouse, courthouse annex, or
another building in the county acquired by the county under Chapter
292, 293, or 305 or another law, that houses county administration
offices or county or district courts, located inside the municipal
limits of the county seat;
(3) the regular meeting place of another political
subdivision if:
(A) the commissioners court meets with the
governing body of that political subdivision located wholly or
partly within the county; and
(B) the regular meeting place of that political
subdivision is in the county;
(4) a meeting place in the county in a building owned
by another political subdivision located wholly or partly in the
county if:
(A) the commissioners court meets with the
governing body of that political subdivision;
(B) the places where the commissioners court and
the governing body of the political subdivision regularly hold
their meetings are not large enough to accommodate the number of
persons expected to attend the meeting; and
(C) the meeting place in the building owned by
the political subdivision is large enough to accommodate the
expected number of persons; or
(5) a meeting place in the county in a building owned
by the county if:
(A) the place where the commissioners court
regularly holds its meetings is not large enough to accommodate the
number of persons expected to attend the meeting; and
(B) the meeting place in the building owned by
the county is large enough to accommodate the expected number of
persons.
(d) At the first regular term of each calendar year, the
commissioners court may select, on no less than seven days notice, a
new site at which terms are to be held during that year pursuant to
Subsection (c)(2).
(e) On initial enactment of this legislation the county
commissioners court may select a new site pursuant to Subsection
(c)(2) on seven days notice and passage at a regular meeting of
commissioners court.
(f) If the commissioners court determines that in the
interest of public safety the term should be held at a site other
than the site selected under Subsection (d), the commissioners
court may, after notice, hold a term at a different site as
determined by the commissioners court.
(g) Any business of the commissioners court that is required
by law to be conducted at a regular term may also be conducted at any
meeting of the court held on a day on which the court routinely and
periodically meets, regardless of whether the periodic interval is
weekly, monthly, quarterly, annually, or some other interval.
(h) The commissioners court may designate a day of the week
on which the court shall convene in a regular term each month other
than the day of the week designated under Subsection (a).
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 601, § 1, eff. June 14, 1989; Acts
1991, 72nd Leg., ch. 16, § 19.01(33), eff. Aug. 26, 1991; Acts
1995, 74th Leg., ch. 643, § 1, eff. Aug. 28, 1995; Acts 1997,
75th Leg., ch. 391, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 13.13, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 593, § 1, eff. June 11, 2001.
§ 81.006. QUORUM; VOTE REQUIRED FOR TAX
LEVY. (a) Three members of the commissioners court constitute a
quorum for conducting county business except the levying of a
county tax.
(b) A county tax may be levied at any regularly scheduled
meeting of the court when at least four members of the court are
present.
(c) A county may not levy a tax unless at least three members
of the court vote in favor of the levy.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 81.007. NOTICE. (a) If the commissioners court is
unable to obtain publication of a notice or report as required by
law, the court may post a copy of the notice or report at the
courthouse door and post one copy at a public place in each
commissioner's precinct. However, not more than one copy may be
posted in the same municipality.
(b) Posting must continue for the 30 days preceding the date
the next court term begins.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
SUBCHAPTER B. DUTIES AND POWERS
§ 81.021. CHANGE IN PRECINCT BOUNDARIES. (a) A
commissioners court that orders a change in the boundaries of
commissioner or justice precincts may specify in its order an
effective date of the change that is not later than January 1
following the next general election. An election for precinct
office occurring after the date that the order is issued but before
the effective date of the change in boundaries shall be held in the
precincts as they will exist on that effective date. A person who
has resided in the area included in a new precinct for the period
required for eligibility to hold office is not made ineligible on
the ground that the precinct has not existed for that period.
(b) The term of office of a commissioner, justice of the
peace, or constable who holds office at the time a change in
precinct boundaries becomes effective is not affected by the
change, regardless of whether the change places the officer's
residence outside the precinct for which the officer was elected.
The officer is entitled to serve for the remainder of the term to
which the officer was elected.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 81.022. PROCESS. (a) The commissioners court shall
issue the notices, citations, writs, and process necessary for the
proper execution of its powers and duties and the enforcement of its
jurisdiction. A notice, citation, writ, or process must:
(1) be in the name of the "State of Texas";
(2) be directed to the sheriff or a constable of a
county;
(3) be dated and signed officially by the clerk; and
(4) be impressed with the court seal.
(b) Unless otherwise provided by law, process must be
executed before the fifth day before its return date. The return
date shall be specified in the process.
(c) A subpoena for a witness may be executed and returned
immediately if necessary.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 81.023. CONTEMPT. The commissioners court shall
punish a person held in contempt by a fine of not more than $25 or by
confinement for not more than 24 hours. A person fined under this
section may be confined until the fine is paid.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.024 by Acts 1999, 76th Leg., ch. 62, §
13.03(d), eff. Sept. 1, 1999.
§ 81.024. DISTRICT AND COUNTY COURT SEALS. The
commissioners court shall provide the seals required by law for
district and county courts.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.025 by Acts 1999, 76th Leg., ch. 62, §
13.03(d), eff. Sept. 1, 1999.
§ 81.026. COMMISSIONERS COURT MEMBERSHIP ON
ASSOCIATIONS AND NONPROFIT ORGANIZATIONS. A county judge or
county commissioner may serve on the governing body of or any
committee serving an association of counties created or operating
pursuant to the provisions of Section 89.002. A county judge or
county commissioner may serve as a member of any board of trustees
or board of directors or other governing body of any trust or other
entity created pursuant to interlocal contract for the purpose of
forming or administering any governmental pool, self-insurance
pool, insurance pool, or any other fund or joint endeavor created
for the benefit of member counties and political subdivisions. In
addition, a county judge or county commissioner may serve as a
member of the board of directors of any nonprofit corporation that
is created and exists solely for the purpose of providing
administrative or other services to such trust or other entity. A
county judge or county commissioner, acting as a member of any such
board or committee, may perform any act necessary or appropriate
for the rendition of such service, including the casting of votes
and deliberations concerning and execution of contracts or claims
with or against any county. A county judge or commissioner may
participate in deliberations concerning and cast any vote on any
matter before the commissioners court affecting the execution of
any contract with or the payment of claims, premiums, dues, or
contributions to any such trust, association, nonprofit
corporation, or entity or any related matter.
Added by Acts 1989, 71st Leg., ch. 1133, § 1, eff. Aug. 28, 1989.
Renumbered from § 81.027 and amended by Acts 1999, 76th Leg., ch.
62, § 13.03(c), eff. Sept. 1, 1999.
§ 81.027. SUPPORT OF PAUPERS. Each commissioners court
may provide for the support of paupers, residents of their county,
who are unable to support themselves.
Added by Acts 1993, 73rd Leg., ch. 1042, § 1, eff. Sept. 1, 1993.
Renumbered from § 81.028 and amended by Acts 1999, 76th Leg., ch.
62, § 13.03(d), 13.11(a), eff. Sept. 1, 1999.
§ 81.028. DELEGATION OF DUTIES OF A COUNTY JUDGE IN
COUNTIES WITH POPULATION OF MORE THAN 1,000,000. (a) This
section applies exclusively to a county judge in a county with a
population of more than 1,000,000.
(b) A county judge may file an order with the commissioners
court of the county delegating to another county officer or an
employee of the county the ability to sign orders or other official
documents associated with the county judge's office. The
delegating order shall clearly indicate the types of orders or
official documents that the officer or employee may sign on behalf
of the county judge.
(c) An order or official document signed by a county officer
or county employee acting under the delegated authority of the
county judge in accordance with this section has the same effect as
an order of the county judge.
(d) The county judge may at any time revoke the delegated
authority or transfer it to a different county officer or county
employee by filing an order with the commissioners court of the
county.
Added by Acts 1995, 74th Leg., ch. 143, § 1, eff. Aug. 28, 1995.
Renumbered from § 81.029 by Acts 1999, 76th Leg., ch. 62, §
13.03(d), eff. Sept. 1, 1999.
§ 81.030. TESTIMONY BEFORE COMMISSIONERS COURT. The
commissioners court may require that testimony before the court be
given under oath. A person who makes a false statement under oath
is subject to prosecution under Section 37.02, Penal Code.
Added by Acts 1997, 75th Leg., ch. 390, § 1, eff. May 28, 1997.
Renumbered from § 81.031 by Acts 1999, 76th Leg., ch. 62, §
13.03(d), eff. Sept. 1, 1999.
§ 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The
commissioners court may accept a gift, grant, donation, bequest, or
devise of money or other property on behalf of the county for the
purpose of performing a function conferred by law on the county or a
county officer.
Added by Acts 1999, 76th Leg., ch. 172, § 1, eff. Aug. 30, 1999.
§ 81.033. POWER OF COMMISSIONERS COURT IN COUNTY WITH NO
INCORPORATED TERRITORY. (a) This section applies only to a
commissioners court of a county that has a population of more than
7,500, is located on an international boundary, and contains no
incorporated territory of a municipality.
(b) If approved at an election held in the county for that
purpose, the commissioners court has, in addition to the powers
given to it under this code or other law, all the powers of the
governing body of a Type A general-law municipality, including the
powers contained in Subtitle A, Title 7, except that:
(1) the commissioners court may not regulate an
activity outside the county;
(2) the commissioners court may not regulate a tract
of land that is appraised as agricultural or open-space land by the
appraisal district;
(3) the commissioners court may not exercise the
powers of a municipality under Chapter 211 or 213; and
(4) if this code or other law provides for a procedure
by which a county exercises a power, the commissioners court must
use that procedure.
(c) For an election under this section, the ballot shall be
prepared to permit voting for or against the proposition:
"Granting (name of county) County the authority to enact ordinances
in the same manner as a general-law municipality."
(d) If a majority of the votes cast at the election favor the
proposition, the commissioners court has the powers described by
Subsection (b).
(e) If territory of the county becomes incorporated in a
municipality:
(1) in the area outside the municipality and outside
the municipality's extraterritorial jurisdiction, the authority of
the commissioners court to exercise a power under this section:
(A) expires, on the date of the incorporation,
with regard to a subject on which the court has not previously acted
under this section; and
(B) continues with regard to a subject on which
the court has previously acted under this section; and
(2) in the area in the municipality or in the
extraterritorial jurisdiction of the municipality, the authority
of the commissioners court to exercise a power under this section
expires on the 180th day after the date of the municipal
incorporation.
(f) On receipt of a petition signed by at least 10 percent of
the county's registered voters, the commissioners court shall call
an election on the repeal of an order or ordinance authorized by
this section on the first uniform election date that occurs after
the 90th day after the date the petition is filed. The order or
ordinance is repealed if a majority of the votes cast at the
election favor repeal. A petition requiring an election under this
subsection may not be filed sooner than the fifth anniversary of the
date of an election held under this subsection.
Added by Acts 2003, 78th Leg., ch. 1029, § 1, eff. Sept. 1, 2003.
