ornER No. c6713
ORDER DESIGNHTIN6 Dl-7Y OE WEEF:
COURT WILL CON'JENE= IN RE6ULf)R TERM
(TEXGIS LOCRL GOVERNMENT' CODE SECTION 8I.0ib5(i~i) )
On this 'the cCr'd day of O~_.I;ober ct'~Nk'~, upon motion made by
Commissioner Let z, seconded try Comiiusioner Willie~ms, the
Court unanimously, 6y a vote of 4-Qr-Qr, approved arr ~rder•
design_~.tiny the aecond Monday of eacl~ month :_zs thre Regulsr
Term.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henne~~~ OFFICE: County Judge
MEETING DATE: October 23.2000 TIME PREFERRED:
SUBJECT: {PLEASE BE SPECIFIC)
Consider and discuss Order designating day of week on which court will convene in
a regular term. (Texas Local Government Code § 81.005(a))
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Govenunent Code, is as follows:
Meeting scheduled for Mondays: 5:00 P,M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's OlTice to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
Local Government Code -CHAPTER 81
SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS
CHAPTER 81. COMMISSIONERS COURT
SUBCHAPTER A. ORGANIZATION AND PROCEDURE
§ 81.001. Composition, Presiding Officer
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(a) The members of the commissioners court are the county judge and the county commissioners.
(b) If present, the county judge is the presidmg officer of the commissioners court.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 81.002.Oath, Bood
(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 of 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.
Amended by 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.
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(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 forwazd 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 1.5 million or more;
(2) has served continuously for 12 yeazs 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 Comnvssioners 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 yeazs 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. I, 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.
§ 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 in suitable books the proceedings of each term of the
court. After each term the county judge or the presiding member of the court shall read and sign and
the clerk shall attest this record.
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(c) The clerk shall record the court's authorized proceedings between terms. On the first day of the
first term aRer these proceedings, the county judge or the presiding member of the court shall read and
sign this record.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
§ 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) afive-pointed staz 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, § I, eff. Sept. 1, 1987.
§ 81.005. Terms of Court, Meetings
(a) At the last regulaz term of each fiscal yeaz 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 yeaz. 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.
(c) Except as provided by Subsection (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:
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(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 ofpersons; 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 buflding owned by the county is large enough to accommodate the
expected number ofpersons.
(d) At the first regular term of each calendaz year, the commissioners court may select, on no less
than seven days notice, a new site at which terms aze to be held during that year pursuant to
Subsection (c)(2}.
(e) On initial enactment of this legislation the county comrrtissioners court may select a new site
pursuant to Subsection (c)(2) on seven days notice and passage at a regular meeting of commissioners
court.
(fj 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, regazdless 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. I, 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.
Amended by Acts 1999, 76th Leg., ch. 62, § 13.13, eff. Sept. 1, 1999.
§ 81.006. Quorum; Vote Required for Tax Levy
(a) Three members of the commissioners court constitute a quorum for conducting courny business
except the levying of a county tax.
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(b) A county tax may be levied at any regulazly scheduled meeting of the court when at least four
members ofthe court are present.
(c) A county may not lery 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 conmilssioners 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 boundazies shall be held in the precincts as
they will exist on that effective date. A person who has resided in the azea included in a new precinct
for the period required for ehgibility 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
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(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. I, 1987.
§ 81.023. Contempt
The commissioners court shall punish a person held in contempt by a fine of not more than $25 or
by conSnement 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, § I3.03(d), eff. Sept. 1, 1999.
§ 81.026. Commissioners Court Membership on Associations and Nonprofit Organizations
A county judge or county comrnissioner 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 boazd 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 boazd
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 boazd 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 1984, 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,
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1999.
§ 81.027. Support of Paupers
Each commissioners court may provide for the support of paupers, residents of their county, who
aze 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), ]3.11(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 wunty 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
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wanly or a county officer.
Added by Acts 1999, 76th Leg., ch. 172, § 1, eff. Aug. 30, 1999.
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