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.
What is the process for enacting range restrictions?
How does the county sheriff notify the public of the impoundment of estrays when the owner of the animal can't be identified?
Does the county have any authority to regulate the ownership of a wild animal?
What procedures are there in the case an estray animal dies or escapes while impounded?
Does the commissioners court have any authority to exterminate animal pests?
What authority does the county have over the treatment of animals?
Is there a requirement to appoint the candidate who came in second in the most recent election for the office to fill a vacancy?
May a sitting member of the commissioners court be appointed to fill a vacancy?
May the commissioners court appoint a relative of a commissioner to a county position?
Can the county judge or commissioners court appoint someone to temporarily fill a county commissioner’s vacancy?
Where may the commissioners court meet if the posted location is unavailable due to an emergency?
What are the requirements for someone to establish a family cemetery on their own property?
May the county judge refuse to put an item on the agenda?
Does TAC Legal Services have guidelines for running commissioners court meetings?
Can American Rescue Plan Act of 2021 (ARPA) State and Local Fiscal Recovery Funds (SLFRF) "premium pay" be used to compensate county officials?
Could a commissioners court award premium pay to elected officials prior to the clarifying Final Rule's effective date of April 1, 2022?
Does the Texas AG's opinion KP-0413 say giving premium pay to elected officials is consistent with state law?
What is the process for the lease or sale of advertising space?
Can the county require bids or proposals to be submitted electronically only, or does the county have to accept hard copies?
Can the county use public funds to maintain an historical cemetery?
Is the county required to prepare a written takings impact assessment before increasing the minimum lot size for on-site sewage facilities?
What are the deadlines the county needs to meet when setting the budget?
What regulatory authority does the county have related to particular types of gathering?
Is the county judge a voting member of the commissioners court?
May a commissioners court regulate game rooms within the county?
What authority does the commissioners court have to stop disruptions from court attendees?
May the commissioners court adopt uniform personnel policies for the entire county?
What is the county's authority to dispose of surplus property as salvage or waste?
What are the reporting requirements for economic development agreements?
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?
Is a vendor required to file a conflicts of interest disclosure statement?
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?
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 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?
Is the county responsible for training election workers for the primary election?
What resources does TAC's Legal Department know about or provide to help county officials with election website requirements?
Are election judges considered public officers?
May a county official purchase and put up political advertising signs?
May a presiding election judge employ a relative to serve as a clerk at the polling place?
May the commissioners court place non-binding referenda on the ballot to gauge the public's opinion?
Is there a prohibition against an election worker having a candidate's sign in their yard or otherwise expressing political opinions prior to their service at the polling place?
If a candidate runs for office claiming they will abolish it, must they actually do so if elected?
What protocols should voters and election officials follow during elections due to COVID-19?
Does the public have the right to petition to implement or repeal the regulation of fireworks?
Can the commissioners court permit public displays of fireworks during certain times and at certain locations?
What kinds of restrictions can the commissioners court impose on the sale or use of fireworks? What kinds of penalties can be imposed for violating the county’s order?
When may fireworks be sold, and what authority does the commissioners court have to regulate them?
How is a declaration of local disaster different from a burn ban?
Can a burn ban restrict the use of fireworks?
If drought conditions still exist, must a new burn ban be adopted at the end of each 90 day period?
When can the commissioners court regulate holiday season fireworks?
Is there a penalty for violating a burn ban?
How can the county obtain a drought determination from the Texas Forest Service?
How is the mass gathering permit process initiated?
May a county order private landowners to remove graffiti from their property?
May the county enter private property to remove litter?
What are the requirements of an emergency management plan?
Is the county required to hold public hearings to discuss the county emergency management plan?
Do citizens have to use the solid waste services provided in unincorporated areas of the county?
What resources are available to counties on COVID-19?
What can a county official say publicly about local cases of COVID-19?
Is there an exception to the nepotism rules for a tenured employee?
May an elected official hire the relative of another elected official?
May the county treasurer hire his niece-in-law for a clerk position in his office?
Can an elected official hire a relative?
May a member of the public film an open meeting?
May commissioners court meet by phone if members can't attend due to an emergency?
Are the COVID-19 disaster-related suspensions of the Open Meetings Act still in effect?
Can all of the members of the commissioners court attend a conference together, without violating the Open Meetings Act?
Can commissioners court meet without the county judge present?
Is it a violation of the Open Meetings Act if a quorum of the commissioners court is present at a ribbon cutting ceremony?
What resources are available to counties on the Texas Open Meetings Act during the COVID-19 pandemic?
Does the commissioners court have to reconvene an open meeting the next day?
Does a request for information have to contain certain language to trigger the Public Information Act?
If a former employee’s personally owned mobile device contains county information, is their device still subject to the Public Information Act?
Does the county have to fulfill redundant open records requests from a requestor?
May the e-mail address of a member of the public be released in a response to a public information act request?
May the county designate a mailing address or email address to receive PIA requests?
Is it possible to withdraw a resignation?
Does an elected official have to resign to run for a new office?
What constitutes an automatic resignation?
How does the county determine the price of a firearm when a retiring deputy wants to purchase it?
How does the county know if a vehicle has been permitted by the state to operate an overweight vehicle under Transportation Code §623.011 or §623.402?
Can the county purchase and install upgraded culverts on private drives?
Is a unanimous vote of the commissioners court required to open a new road?
May a commissioners court open a new road on its own motion, or is a landowner petition required?
May the commissioners court charge a fee for cutting a road for cable installation, utilities, or other purposes?
May campaign signs be placed in the state highway right-of-way? If not, who may remove the sign?
Does a county have the authority to enforce weight limits on county roads?
May a county perform maintenance work on private property?
May a county perform work on a private road?
May the county use the lateral road fund for any purpose, including buying office supplies?
If a county spends subdivision bond funds to complete or repair new subdivision streets that were improperly constructed or never completed, is the county obligated to accept the subdivision roads into the county road system and maintain them?
Can the county barter work on a private road for road material from the site where the road is located?
May a county perform maintenance work on private property?
May a commissioners court accept private donations for road maintenance and repair?
How are public members of the salary grievance committee selected?
Is the county required to publish notice of the salary increase for a county judge when the increase is a result of a state supplement?
Is a salary grievance committee subject to the Open Meetings Act?
May the salary grievance committee meet in closed session?
Can an elected official serving on the grievance committee participate in and vote on their own salary grievance?
Do elected officials have any recourse if they are unhappy with their proposed salary?
If the county passes a final budget without providing the statutory notice of a salary change to the impacted elected officials, what is the effect on the salary?
How does a county official refuse part of their salary?
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?
How may justice court technology funds be spent?
Who has the authority to provide courthouse security?
What is the purpose of the court facility fee fund?
How may commissary funds be spent?
Are purchases made with forfeiture funds subject to the County Purchasing Act?
What does the county do if a citizen claims they did not receive notice of their taxes? Can the county waIve the late fees?
What are the deadlines the county needs to meet when setting the budget?
What can the county do when an elected official resigns before another can be appointed?
Is there a deadline to appoint a replacement once an elected official has resigned?
Can the county judge or commissioners court appoint someone to temporarily fill a county commissioner's vacancy?
Is there a statutorily mandated process for making an appointment?
What vacancies may a commissioners court fill by appointment?
Need assistance researching statutes, regulations, opinions and court cases relevant to a particular county situation?