COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
1~/ /'
MADE BY: H.A. "Buster" Baldwin ~`' /
MEETING DATE: January 27, 2003
SUBJECT: (PLEASE BE SPECIFIC)
OFFICE: Commissioners' Court
TIME PREFERRED:
Consider and discuss having the February 24th, 2003 Commissioners' Court 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:
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 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.
Commissioner Pct. # 1
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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
January 16, 2003
CA Opinion 03-001
To: Buster Baldwin
Kerr County Commissioner
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 building. 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. Nevertheless, the Court may hold a special term
meeting at this location if the Court so agrees and there are adequate accommodations for those
persons attending.
Respectfully,
p,~-
Don Bonner
Assistant County Attorney
Cc: Hon. Pat Tinley, Kerr County Judge
Commissioner's Loetz, Williams, and Nicholson
David Motley, Kerr County Attorney
Thea Sovil, Linda Hamilton
MAIN NUMBER (830) 792-2220 HOT CHECKS (830) 792-2221 - FAX (830) 792-2228