MARK WHITE 

Attorney General 

The Attorney General of Texas 

April 3, 1980 

Honorable Billy Fred Lacy 

Potter County Auditor 

Courthouse 

Amarillo, Texas 79101 

Opinion No. Nw-158 

Re: Whether a county is liable for 

court costs assessed against the 

district attorney. 

Dear Mr. Lacy: 

You ask whether the commissioners court of Potter County should 

reimburse the district attorney under article 6252-19b, V.T.C.S:, for court 

costs assessed against him by the court of civil appeals. The suit arose out 

of the district attorney’s decision to deny a particular newspaper access to 

official news sources in his office without an appointment. Other 

newspapers were not subject to the same rule. The paper sued to enjoin this 

practice. In Southwestern Newspapers Corporation v. Curtis, 584 S.W.2d 362 

(Tex. Civ. App. - Amarillo 1979, no writ), the court of civil appeals 

reversed the trial court denial of a temporary injunction. See also Curtis v. 

Nobles, 588 S.W.2d 687 (Tex. Civ. App. - Amarillo 1979, no wrn 

court of civil appeals assessed the costs of the appeal against the district 

attorney. He has paid them and now seeks reimbursement from the county. 

You specifically ask whether the following provision enacted by the 

66th Legislature permits the county to pay the costs assessed against the 

district attorney in defense of this suit: 

Section 1. In this Act ‘employee’ includes en 

elected official and any other officer or employee, a 

former officer or employee or their estates, of a 

county, city, town, special purpose district, or any 

other political subdivision of this state. 

Sec. 2. (a) A county, city, town, special purpose 

district, or any other political subdivision of the state 

may pay actual dameges, court costs, and attorney’s 

fees adjudged against its employee, if damages are 

based on an act or omission by the employee in the 

course and scope of his or her employment for such 

political subdivision and if the damages arise out of a 

cause of action for negligence, except a wllful or 

p. 508 
Honorable Billy Fred Lacy - Page Two (~~-158) 

wrongful act or omission or an act or omission constituting gross 

negligence or for official misconduct. 

Acts 1979, 66th Leg., ch. 744, at 1830, to be codified as V.T.C.S. art. 6252-19b. We note 

initially that this provision permits, but does not require, the political subdivision to pay 

court costs under certain conditions. Compare V.T.C.S. art. 6252-26 (state shall pay 

actual damages, court costs, and attorney fees). Thus, even if all conditions necessary for 

payment of expenses are present, the county may choose not to pay them. 

In the case you inquire about, at least one prerequisite for reimbursement of the 

district attorney’s court costs is absent. We do not believe the suit arose out of a cause of 

action for negligence. Rather, it was a suit for a temporary injunction based upon the 

deprivation of a constitutionally protected right. The decision of the court to grant the 

temporary injunction was not based upon any allegations or proof of negligence on the part 

of the district attorney. Unlike article 6252-26, V.T.C.S., which provides for the 

payment of damages, costs and attorney’s fees adjudged against an officer or employee 

arising out of a cause of action for &privation of a constitutional right under certain 

circumstances, article 6252-19b, V.T.C.S., contains no such provision and is restricted in 

its scope to negligence actions. Consequently, the recently enacted statute does not allow 

payment of the district attorney’s court costs. You do not inquire about and we do not 

address any other possible bases for reimbursing these costs. See V.T.C.S. art. 332~; 

Attorney General Opinions H-887 (1976); H-544 (1975); Letter AdviGy No. 24 (19731. 

SUMMARY 

Article 6252-l9b, V.T.C.S., does not permit the county to pay court 

costs incurred by the district attorney in defending an injunction 

suit arising out of his intentional restriction on the access of a 

newspaper publisher to official news sources in his office. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Susan Garrison 

Assistant Attorney General 

p. 509 
Honorable Billy Fred Lacy - Page Three (~~-158) 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

Jim Allison 

David B. Brooks 

Walter Davis 

Susan Garrison 

Rick Gilpin 

Bruce Youngblood 

P. 510