THE ATTORNEY GEXERAL 

OF TEXAS 

May 25, 1987 

Honorable Rex N. Leach 

District Attorney 

200 West State Street 

Groesbeck, Texas 76642 

Opinion No. JM-708 

Re: Supervisory control of a district 

court over a county commissioners 

court under article V. section 8, of 

the Texas Constitution 

Dear Mr. Leach: 

You ask about the interpretation of article V, section 8, of the 

Texas Constitution, which provides: 

District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of 

all actions, proceedings, and remedies, except in 

cases where exclusive, appellate, or original 

jurisdiction may be conferred by this Constitution 

or other law on some other court, tribunal, or 

administrative body. District Court judges shall 

have the power to issue writs necessary to enforce 

their jurisdiction. 

The District Court shall have appellate jurisdiction and general supervisory control over the 

County Camissioners Court, with such exceptions 

and under such regulations as may be prescribed by 

law. - (Emphasis added). 

Specifically, you ask whether a lawsuit must be filed in order to 

invoke a district court's "general supervisory control" over a 

commissioners court. 

Cases interpreting article V, section 8, of the Texas Constitution make clear that a district court nay exercise "general 

supervisory control" over a commissioners court only when the district 

court's jurisdiction is properly invoked by the filing of a lawsuit. 

In Scott v. Graham, 292 S.W.Zd 324, 328 (Tex. 1956). for example, the 

Texas Supreme Court discussed the meaning of article V, section 8. 

The court pointed out that although the legislature had established 

procedures for appealing orders of comeissioners courts relating to 

certain matters, the legislature had not established a procedure for 

invoking the general supervisory control of district courts over 

actions of commissioners court. The Texas Supreme Court stated, 

however, that it was well settled that an equitable proceeding brought 

p. 3274 
Eonorable Rex N. Leach - Page 2 (JM-708) 

in district court for the purpose of reviewing au order of a comissioners court was within the power granted by article V, section 8. 

Id. See also Count 

AT. 

y of Rays v. Alexander, 640 S.W.Zd 73, 78 (Tex. 

- Austin 1982, no writ); Rarris County v. Bassett, 139 S.W.Zd 

180, 182 (Tex. Civ. App. - Galveston 1940, writ ref'd). 

A treatise on the Texas Constitution contains the following 

discussion of article V, section 8: 

Section 8 gives the district court 'appellate 

jurisdictioa and general supervisory control' over 

the comissionrrs court. . . . [Tlh= 'control' 

phrase adds nothing. Indeed, in this provision 

the phrase 'general supervisory control' is 

demonstrably inaccurate because the district court 

does not have any kind of general control over 

cowmissioners courts; the courts have held that 

the district court may exercise its jurisdiction 

over commissioners courts only if a commissioners 

court has acted without legal authority or abused 

its discretion, and even then it may uot review 

actions of the commissioners court unless a 

statute provides for such review or unless an 

independent equitable action is brought in the 

district court. (See Garcia v. State, 290 S.W.2d 

555 (Tex. Civ. App. YSan Antonio 1956, writ ref'd 

n.r.e.).) This principle was reaffirmed recently 

in Atlantic Richfield Co. v. Liberty-Dauville 

Fresh Water Supply Dist. No. 1 (506 S.W.Zd 931 

(Tex. Civ. App. - Tyler 1974, uo writ)). 

1 G. Braden, The Constitution of the State of Texas: An Annotated and 

Comparative Analysis 415-16 (1977). We think that this treatise 

correctly interpreted the relevant case law and that a district 

court's "general supervisory control" over a commissioners court 

exists only when the district court's jurisdiction is properly invoked 

by the filing of a lawsuit. 

SUMMARY 

A district court may exercise "general supervisory contro1" over the actions of a commissioners 

court only when a lawsuit is brought in district 

court seeking review of the cowmissioners court's 

actions. 

Jzh 

JIM MATTOX 

Attorney General of Texas 

p. 3275 
, 

Honorable Rex N. Leach - Page 3 (B-f-708) 

JACK HIGHTOWER 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKL~ 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Sarah Woelk 

Assistant Attorney General 

p. 3276