CHAPTER 81. COMMISSIONERS COURT - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 81. COMMISSIONERS COURT

SUBCHAPTER A. ORGANIZATION AND PROCEDURE

Sec. 81.001. COMPOSITION, PRESIDING OFFICER. (a) The members

of the commissioners court are the county judge and the county

commissioners.

(b) If present, the county judge is the presiding officer of the

commissioners court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 81.002. OATH, BOND. (a) Before undertaking the duties of

the county judge or a county commissioner, a person must take the

official oath and swear in writing that the person will not be

interested, directly or indirectly, in a contract with or claim

against the county except:

(1) a contract or claim expressly authorized by law; or

(2) a warrant issued to the judge or commissioner as a fee of

office.

(b) A commissioner must execute a bond, payable to the county

treasurer, in the amount of $3,000. The bond must be approved by

the county judge and must be conditioned on the faithful

performance of the commissioner's official duties. The bond must

also be conditioned that the commissioner:

(1) will reimburse the county for all county funds illegally

paid to the commissioner; and

(2) will not vote or consent to make a payment of county funds

except for a lawful purpose.

(c) Subject to the provisions of Chapter 171, the county judge

or a county commissioner may serve as a member of the governing

body of or as an officer or director of an entity that does

business with the county, excluding a publicly traded corporation

or a subsidiary, affiliate, or subdivision of a publicly traded

corporation.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 475, Sec. 1, eff. Aug. 28,

1989; Acts 1999, 76th Leg., ch. 62, Sec. 13.02, eff. Sept. 1,

1999.

Sec. 81.0025. CONTINUING EDUCATION. (a) A county commissioner

must successfully complete at least 16 classroom hours of

continuing education in the performance of the duties of county

commissioners at least once in each 12-month period.

(b) Continuing education instruction required by this section

must be certified by an accredited public institution of higher

education.

(c) To satisfy the requirement of this section, a commissioner

is entitled to carry forward from one 12-month period to the next

not more than eight continuing education hours that the

commissioner completes in excess of the required 16 hours.

(d) For the purposes of removal under Subchapter B, Chapter 87,

"incompetency" in the case of a county commissioner includes the

failure to complete hours of continuing education in accordance

with this section.

(e) This section does not apply to a county commissioner who:

(1) serves in a county with a population of 1.3 million or more;

(2) has served continuously for 12 years or more; and

(3) attends at least 15 hours of staff briefing on continuing

education subjects in each 12-month period as approved by the

County Judges and Commissioners Association of Texas.

(f) In addition to the exceptions under Subsection (e), this

section does not apply to a county commissioner who serves in a

county with a population of 225,000 or more and who:

(1) has served continuously for 12 years or more; and

(2) in the 12-month period, completes at least three semester

credit hours of graduate-level course work in a field of study

directly related to county government with a grade of B or higher

in each course completed during the period.

Added by Acts 1989, 71st Leg., ch. 413, Sec. 1, eff. Jan. 1,

1990. Amended by Acts 1991, 72nd Leg., ch. 111, Sec. 1, eff. Jan.

1, 1992; Acts 1995, 74th Leg., ch. 294, Sec. 1, eff. Aug. 28,

1995; Acts 1997, 75th Leg., ch. 1235, Sec. 1, eff. Jan. 1, 1998;

Acts 2003, 78th Leg., ch. 454, Sec. 1, eff. Jan. 1, 2004.

Sec. 81.003. CLERK. (a) The county clerk is the clerk of the

commissioners court. The clerk shall:

(1) serve the court during each of its terms;

(2) keep the court's books, papers, records, and effects; and

(3) issue the notices, writs, and process necessary for the

proper execution of the court's powers and duties.

(b) The court shall require the clerk to record the proceedings

of each term of the court. This record may be in a paper or

electronic format. After each term the clerk shall attest to the

accuracy of this record.

(c) The clerk shall record the court's authorized proceedings

between terms. This record may be in a paper or electronic

format. The clerk shall attest to the accuracy of the record.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2003, 78th Leg., ch. 301, Sec. 4, eff. Sept. 1,

2003.

Sec. 81.004. SEAL. (a) The commissioners court shall have a

seal on which is engraved:

(1) the words "Commissioners Court, (name of county) County,

Texas"; and

(2) a five-pointed star or a design selected by the court and

approved by the secretary of state.

(b) The clerk shall keep the seal and use it to authenticate

official acts of the court or its presiding officer or clerk that

require a seal for authentication.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 81.005. TERMS OF COURT, MEETINGS. (a) At the last regular

term of each fiscal year of the county, the commissioners court

by order shall designate a day of the week on which the court

shall convene in a regular term each month during the next fiscal

year. If the completion of the court's business does not require

a monthly term, the court need not hold more than one term a

quarter. A regular term may continue for one week but may be

adjourned earlier if the court's business is completed.

(b) The county judge or three county commissioners may call a

special term of the court. A special term may continue until the

court's business is completed. A special term may be held at a

meeting place located in the county and outside the county seat

if:

(1) the commissioners court agrees to meet in that location; and

(2) the meeting place is in a building providing public access

that can accommodate the number of persons expected to attend the

meeting.

(c) Except as provided by Subsections (b) and (f) of this

section, the term shall be held at:

(1) the county seat at the courthouse;

(2) an auxiliary courthouse, courthouse annex, or another

building in the county acquired by the county under Chapter 292,

293, or 305 or another law, that houses county administration

offices or county or district courts, located inside the

municipal limits of the county seat;

(3) the regular meeting place of another political subdivision

if:

(A) the commissioners court meets with the governing body of

that political subdivision located wholly or partly within the

county; and

(B) the regular meeting place of that political subdivision is

in the county;

(4) a meeting place in the county in a building owned by another

political subdivision located wholly or partly in the county if:

(A) the commissioners court meets with the governing body of

that political subdivision;

(B) the places where the commissioners court and the governing

body of the political subdivision regularly hold their meetings

are not large enough to accommodate the number of persons

expected to attend the meeting; and

(C) the meeting place in the building owned by the political

subdivision is large enough to accommodate the expected number of

persons; or

(5) a meeting place in the county in a building owned by the

county if:

(A) the place where the commissioners court regularly holds its

meetings is not large enough to accommodate the number of persons

expected to attend the meeting; and

(B) the meeting place in the building owned by the county is

large enough to accommodate the expected number of persons.

(d) At the first regular term of each calendar year, the

commissioners court may select, on no less than seven days

notice, a new site at which terms are to be held during that year

pursuant to Subsection (c)(2).

(e) On initial enactment of this legislation the county

commissioners court may select a new site pursuant to Subsection

(c)(2) on seven days notice and passage at a regular meeting of

commissioners court.

(f) If the commissioners court determines that in the interest

of public safety the term should be held at a site other than the

site selected under Subsection (d), the commissioners court may,

after notice, hold a term at a different site as determined by

the commissioners court.

(g) Any business of the commissioners court that is required by

law to be conducted at a regular term may also be conducted at

any meeting of the court held on a day on which the court

routinely and periodically meets, regardless of whether the

periodic interval is weekly, monthly, quarterly, annually, or

some other interval.

(h) The commissioners court may designate a day of the week on

which the court shall convene in a regular term each month other

than the day of the week designated under Subsection (a).

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 601, Sec. 1, eff. June 14,

1989; Acts 1991, 72nd Leg., ch. 16, Sec. 19.01(33), eff. Aug. 26,

1991; Acts 1995, 74th Leg., ch. 643, Sec. 1, eff. Aug. 28, 1995;

Acts 1997, 75th Leg., ch. 391, Sec. 1, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 62, Sec. 13.13, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 593, Sec. 1, eff. June 11, 2001.

Sec. 81.006. QUORUM; VOTE REQUIRED FOR TAX LEVY. (a) Three

members of the commissioners court constitute a quorum for

conducting county business except the levying of a county tax.

(b) A county tax may be levied at any regularly scheduled

meeting of the court when at least four members of the court are

present.

(c) A county may not levy a tax unless at least three members of

the court vote in favor of the levy.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 81.007. NOTICE. (a) If the commissioners court is unable

to obtain publication of a notice or report as required by law,

the court may post a copy of the notice or report at the

courthouse door and post one copy at a public place in each

commissioner's precinct. However, not more than one copy may be

posted in the same municipality.

(b) Posting must continue for the 30 days preceding the date the

next court term begins.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. DUTIES AND POWERS

Sec. 81.021. CHANGE IN PRECINCT BOUNDARIES. (a) A

commissioners court that orders a change in the boundaries of

commissioner or justice precincts may specify in its order an

effective date of the change that is not later than January 1

following the next general election. An election for precinct

office occurring after the date that the order is issued but

before the effective date of the change in boundaries shall be

held in the precincts as they will exist on that effective date.

A person who has resided in the area included in a new precinct

for the period required for eligibility to hold office is not

made ineligible on the ground that the precinct has not existed

for that period.

(b) The term of office of a commissioner, justice of the peace,

or constable who holds office at the time a change in precinct

boundaries becomes effective is not affected by the change,

regardless of whether the change places the officer's residence

outside the precinct for which the officer was elected. The

officer is entitled to serve for the remainder of the term to

which the officer was elected.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 81.022. PROCESS. (a) The commissioners court shall issue

the notices, citations, writs, and process necessary for the

proper execution of its powers and duties and the enforcement of

its jurisdiction. A notice, citation, writ, or process must:

(1) be in the name of the "State of Texas";

(2) be directed to the sheriff or a constable of a county;

(3) be dated and signed officially by the clerk; and

(4) be impressed with the court seal.

(b) Unless otherwise provided by law, process must be executed

before the fifth day before its return date. The return date

shall be specified in the process.

(c) A subpoena for a witness may be executed and returned

immediately if necessary.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 81.023. CONTEMPT. The commissioners court shall punish a

person held in contempt by a fine of not more than $25 or by

confinement for not more than 24 hours. A person fined under this

section may be confined until the fine is paid.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 81.024 by Acts 1999, 76th Leg., ch. 62, Sec.

13.03(d), eff. Sept. 1, 1999.

Sec. 81.024. DISTRICT AND COUNTY COURT SEALS. The commissioners

court shall provide the seals required by law for district and

county courts.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 81.025 by Acts 1999, 76th Leg., ch. 62, Sec.

13.03(d), eff. Sept. 1, 1999.

Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON ASSOCIATIONS AND

NONPROFIT ORGANIZATIONS. A county judge or county commissioner

may serve on the governing body of or any committee serving an

association of counties created or operating pursuant to the

provisions of Section 89.002. A county judge or county

commissioner may serve as a member of any board of trustees or

board of directors or other governing body of any trust or other

entity created pursuant to interlocal contract for the purpose of

forming or administering any governmental pool, self-insurance

pool, insurance pool, or any other fund or joint endeavor created

for the benefit of member counties and political subdivisions. In

addition, a county judge or county commissioner may serve as a

member of the board of directors of any nonprofit corporation

that is created and exists solely for the purpose of providing

administrative or other services to such trust or other entity. A

county judge or county commissioner, acting as a member of any

such board or committee, may perform any act necessary or

appropriate for the rendition of such service, including the

casting of votes and deliberations concerning and execution of

contracts or claims with or against any county. A county judge or

commissioner may participate in deliberations concerning and cast

any vote on any matter before the commissioners court affecting

the execution of any contract with or the payment of claims,

premiums, dues, or contributions to any such trust, association,

nonprofit corporation, or entity or any related matter.

Added by Acts 1989, 71st Leg., ch. 1133, Sec. 1, eff. Aug. 28,

1989. Renumbered from Sec. 81.027 and amended by Acts 1999, 76th

Leg., ch. 62, Sec. 13.03(c), eff. Sept. 1, 1999.

Sec. 81.027. SUPPORT OF PAUPERS. Each commissioners court may

provide for the support of paupers, residents of their county,

who are unable to support themselves.

Added by Acts 1993, 73rd Leg., ch. 1042, Sec. 1, eff. Sept. 1,

1993. Renumbered from Sec. 81.028 and amended by Acts 1999, 76th

Leg., ch. 62, Sec. 13.03(d), 13.11(a), eff. Sept. 1, 1999.

Sec. 81.028. DELEGATION OF DUTIES OF A COUNTY JUDGE IN COUNTIES

WITH POPULATION OF MORE THAN 1,000,000. (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.

(b-1) A county judge may file a standing order of emergency

delegation of authority that clearly indicates the types of

orders or official documents that the officer or employee may

sign on behalf of the county judge in the event of an emergency

or disaster.

(c) An order or official document signed by a county officer or

county employee acting under the delegated authority of the

county judge in accordance with this section has the same effect

as an order of the county judge.

(d) The county judge may at any time revoke the delegated

authority or transfer it to a different county officer or county

employee by filing an order with the commissioners court of the

county.

Added by Acts 1995, 74th Leg., ch. 143, Sec. 1, eff. Aug. 28,

1995. Renumbered from Sec. 81.029 by Acts 1999, 76th Leg., ch.

62, Sec. 13.03(d), eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 13, eff. September 1, 2005.

Sec. 81.029. DELEGATION OF DUTIES OF A COUNTY JUDGE IN CERTAIN

COUNTIES. (a) This section applies only to a county judge in a

county that has a population of more than 600,000 and is located

on the international border.

(b) A county judge may file an order with the commissioners

court of the county delegating to a county commissioner of the

commissioners court the ability to sign orders or other official

documents associated with the county judge's office. The

delegating order must clearly indicate the types of orders or

official documents that the county commissioner may sign on

behalf of the county judge.

(c) A county judge may file a standing order of emergency

delegation of authority that clearly indicates the types of

orders or official documents that the county commissioner may

sign on behalf of the county judge in the event of an emergency

or disaster.

(d) An order or official document signed by the county

commissioner under the delegated authority of the county judge

under this section has the same effect as an order of the county

judge.

(e) The county judge may at any time revoke the delegated

authority or transfer the authority to a different county

commissioner by filing an order with the commissioners court.

Added by Acts 2009, 81st Leg., R.S., Ch.

708, Sec. 1, eff. June 19, 2009.

Sec. 81.030. TESTIMONY BEFORE COMMISSIONERS COURT. The

commissioners court may require that testimony before the court

be given under oath. A person who makes a false statement under

oath is subject to prosecution under Section 37.02, Penal Code.

Added by Acts 1997, 75th Leg., ch. 390, Sec. 1, eff. May 28,

1997. Renumbered from Sec. 81.031 by Acts 1999, 76th Leg., ch.

62, Sec. 13.03(d), eff. Sept. 1, 1999.

Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The

commissioners court may accept a gift, grant, donation, bequest,

or devise of money or other property on behalf of the county for

the purpose of performing a function conferred by law on the

county or a county officer.

Added by Acts 1999, 76th Leg., ch. 172, Sec. 1, eff. Aug. 30,

1999.

Sec. 81.033. POWER OF COMMISSIONERS COURT IN COUNTY WITH NO

INCORPORATED TERRITORY. (a) This section applies only to a

commissioners court of a county that has a population of more

than 5,000, is located within 100 miles of an international

boundary, and contains no incorporated territory of a

municipality.

(b) If approved at an election held in the county for that

purpose, the commissioners court has, in addition to the powers

given to it under this code or other law, all the powers of the

governing body of a Type A general-law municipality, including

the powers contained in Subtitle A, Title 7, except that:

(1) the commissioners court may not regulate an activity outside

the county;

(2) the commissioners court may not regulate a tract of land

that is appraised as agricultural or open-space land by the

appraisal district;

(3) the commissioners court may not exercise the powers of a

municipality under Chapter 211 or 213; and

(4) if this code or other law provides for a procedure by which

a county exercises a power, the commissioners court must use that

procedure.

(c) For an election under this section, the ballot shall be

prepared to permit voting for or against the proposition:

"Granting (name of county) County the authority to enact

ordinances in the same manner as a general-law municipality."

(d) If a majority of the votes cast at the election favor the

proposition, the commissioners court has the powers described by

Subsection (b).

(e) If territory of the county becomes incorporated in a

municipality:

(1) in the area outside the municipality and outside the

municipality's extraterritorial jurisdiction, the authority of

the commissioners court to exercise a power under this section:

(A) expires, on the date of the incorporation, with regard to a

subject on which the court has not previously acted under this

section; and

(B) continues with regard to a subject on which the court has

previously acted under this section; and

(2) in the area in the municipality or in the extraterritorial

jurisdiction of the municipality, the authority of the

commissioners court to exercise a power under this section

expires on the 180th day after the date of the municipal

incorporation.

(f) On receipt of a petition signed by at least 10 percent of

the county's registered voters, the commissioners court shall

call an election on the repeal of an order or ordinance

authorized by this section on the first uniform election date

that occurs after the 90th day after the date the petition is

filed. The order or ordinance is repealed if a majority of the

votes cast at the election favor repeal. A petition requiring an

election under this subsection may not be filed sooner than the

fifth anniversary of the date of an election held under this

subsection.

Added by Acts 2003, 78th Leg., ch. 1029, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

797, Sec. 1, eff. June 15, 2007.

Sec. 81.034. ELIGIBILITY OF COUNTY WITH NO INCORPORATED

TERRITORY TO PARTICIPATE IN MUNICIPAL ASSISTANCE PROGRAMS. A

county that contains no incorporated territory of a municipality

is eligible to apply on behalf of locations in the county that

are census designated places as if the places were municipalities

for the purpose of participating in any federal or state program

that provides grants, loans, or other assistance to

municipalities.

Added by Acts 2007, 80th Leg., R.S., Ch.

314, Sec. 1, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

331, Sec. 1, eff. September 1, 2009.