LegalEase FAQs by Subject


In addition to the TAC Helpline and legal handbooks, the Legal Services Division produces LegalEase, a monthly email highlighting timely, relevant and interesting topics affecting county government. We hope you find it helpful and occasionally entertaining.

Questions addressed in LegalEase have been sorted by subject matter for your reference below.

County Finances

What is the county's authority to dispose of surplus property as salvage or waste?

What are the reporting requirements for economic development agreements?

What are the deadlines the county needs to meet when setting the budget?

Is the county responsible for buying cowboy hats for sheriff's deputies?

Does TAC have any information on the American Rescue Plan?

Can the county accept donations?

Does the commissioners court have any authority over expenditures made by those officials who were not renominated or reelected to office?

May the county commissioners adopt a special budget for the limited purpose of spending unexpected revenue for general purposes?

Does a county have to follow the competitive bidding requirement to hire a financial consultant?

Is a deceased public official entitled to their last bi-weekly paycheck or should it be prorated to the day of her death?

May the county assist a school district within its boundaries with tree debris removal?

Must Commissioners Court declare a totaled vehicle surplus before it is scrapped by the insurance carrier?

Must the county comply with the County Purchasing Act during an emergency?​

May the county expend public funds to replace private property?

May the county refuse to enter into a contract with a person indebted to the county?

Can the county buy a uniform to be worn by a commissioner who regularly spends his time working with his road and bridge crew?

Can the county restrict its bids to local businesses?

Must the county comply with the County Purchasing Act during an emergency?

Does the commissioners court have any authority over expenditures made by those officials who were not renominated or reelected to office?

County Officials

If an appointed officer was bonded upon appointment, should that officer renew their bond with the other elected officials to be up on the regular schedule?

Where and when does a member of a commissioners court or a purchasing agent file a conflicts disclosure statement in a county?

What are the limits on a public servant accepting honorarium? Are there any exceptions?

Who is responsible for ensuring newly elected officials complete their oaths and bonds on time?

Does TAC’s Legal Department have any resources to help counties with population-bracketed laws?

What are the notification requirements when an individual’s sensitive personal information is exposed?

What legal resources does TAC’s Legal Department provide to county officials?

May a resignation of a county office be set to take effect at a future date?

May a District Clerk serve as a reserve deputy sheriff?

Can a marriage license issued in Texas be used in another state?

May a sitting member of the commissioners court be appointed to fill a vacancy?

Is it possible to withdraw a resignation?​

Is the county required to pay an official who was suspended during an unsuccessful removal action for the time someone else was appointed to the office?​

If a candidate runs for office claiming they will abolish it, must they actually do so if elected?

Can the county pay for the expenses for a county official-elect?

What training is required of newly elected officials?

When may an elected official take their oath of office?

Who may administer oaths of office?

May a county constable also serve as a bailiff?

Is a deceased public official entitled to their last bi-weekly paycheck or should it be prorated to the day of her death?

Is the county required to furnish office space to the county attorney in the courthouse?

If an officeholder refuses their salary, are they exempt from dual office holding provisions?

May a Justice of the peace serve as a jailer?