ORDER N0. c7931
REFER DECISION TO HOLD FEHRURRY 1@TH MEETING
RT THE UNION CHURCH
On this the 13th day of January, ?0Q~3, ~.~pon motion made by
Commissioner Haldwin, seconded by Commissioner Nicholson, the
Co~_ir't unanimously approved by a vote of 4-0-Q~, referring the
issue of having the Febr~_iary 10th Meeting at the Union Ch~_irch
~.int i l January c7 Meeting and having the County Rt tor•ney' s
Office review the legalities, circ~_imstances, conditions, and
types of notices regi_iired.
~7y3r
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DO(:UMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: H.A. "Buster" Baldwin `~~ OFFICE: Commissioners' Court
MEETING DATE: January 13, 2003 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss having the January 27`h or February 10`h meeting at the Union Church.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Commissioner Pct. #1
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Cour[ Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
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KERB COUNTY ATTORNEY DAVID M. M O T L E Y
COUNTY COURTHOUSE, SUITE BA-103 ~ 700 MAIN STREET KERRVILLE, TEXAS 78028
To: Buster dwin
Ke ounty Commissioner
January 28, 2003
First Amended
CA Opinion 03-001
Re: Whether or not the Commissioners Court can legally meet at a place other than the
county courthouse.
Dear Commissioner Baldwin,
At the January 13, 2003 Commissioners Court meeting, you proposed a future meeting at the
Union Church in Kerrville. During this discussion, a question was raised regarding the Court's
ability to legally meet at a place other than the Kerr County courthouse.
After reviewing Section 81.005 of the Texas Local Government Code, it is my belief that that the
Court must meet for a regular term in the courthouse of the county seat. Alternatively, at the first
regular term of the calendar year, the Court may elect to meet at one of the following places: an
auxiliary courthouse, courthouse annex, or other county owned administrative building located
inside the municipal limits of the county seat. The Court may hold a regular term at the regular
meeting place of another political subdivision but only under certain circumstances that do not
apply in this case. There is also a provision that allows the Court to meet at an alternative
location if it is in the interest of public safety. However, a special term of the Court may be held
at a location inside the county and outside the county seat as long as the Court agrees and the
location can accommodate the attendees.
In summary, I do not believe it is legal for the Court to meet during a regular term outside of the
county courthouse. The proposed meeting at the Union Church does not appear to meet any of
the above-mentioned statutory exceptions. Also, this statute would be prohibit the Court from
holding a special meeting at the Union Church assuming it is located outside the municipal limits
of Kerrville.
Respectfully,
///I~--
Don Bonner
Assistant County Attorney
Cc: Hon. Pat Tinley, Ken County Judge
Commissioner's Loetz, Williams, and Nicholson
David Motle ,Kerr County Attorney
Thea Sovil~inda Hamilton
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 FAX (830) 792-2228