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.

Commissioners Court

May a commissioners court set rules for the submission of items to be placed on the agenda?

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?

May we sell the county's surplus or salvage property to another county without competitive bid or auction?

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?

Can the commissioners court regulate the use of personal vehicles while on county business?

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?

County Finances

May the county assist with the costs of burial for an honorably discharged veteran?

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

Does TAC Legal Services offer any continuing education resources to county officials?

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?

What are the bond filing requirements for county officers?

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?