THEATTORNEYGENERAL 

OP-XAS 

September 20, 1960 

Honorable Charles J. Lieck, Jr, Opinion No.WW-942 

Criminal District Attorney 

Rexar County Courthouse Re: Validity of an order of 

San Antonio, Texas the Commissioners' Court 

providing that voting 

abstentions shall be recorded in the Minutes of 

the Commissioners' Court 

Dear Mr. Lieck: as negative votes. 

You have requested an opinion on the validity of an 

order of the Commissioners 1 Court of Bexar County dated August 

1, 1960, reading as follows: 

"ORDER ADOPTING A RULE OF PROCEDURE 

OF COMMISSIONERS' COURT ON VOTING. 

"A motion .was presented by County Commissioner Sam Jorrie, duly seconded by County 

Commissioner A. J. Ploch, which motion was voted 

as follows: Commissioners Pena, Jorrie and Ploch 

voting 'Aye': Commissioner Wurzbach and Judge 

Anderson voting 'Nay': It is ordered by the 

Court that the following be adopted as a rule of 

procedure of Commissioners' Court: 'In any case 

where any member of Commissionersf Court (County 

Judge or County Commissioner) abstains from voting or fails to vote when present, the minutes 

of Commissioners' Court shall hereafter be marked 

to indicate that the member of Commissioners' 

Court who abstained or failed to vote when present, voted 'No.'" 

The Commissioners' Court is a court of record and 

speaks through its minutes. Maples v. Henderson County, 259 

S.W.2d 264 (Civ.App. 1953), err. ref. n.r.e. 

Article 2349, Revised Civil Statutes of Texas, 1925, 

requires the County Clerk to keep a record of the proceedings 

of the Commissioners' Court in a suitable book kept for that 

purpose. Brown, et al v. Reese, 67 Tex. 318, 3 S.W.292 (1887). 

In Drown v. Reese, supra, the court held that the best evidence of a proceeding of the Commissioners' Court is "either 

the record itself or a certified copy as provided for by 
Honorable Charles J. Lieck, Jr. Page '2 (WW-942) 

statute under the hand and seal of the Clerk." 

Thus, it is our opinion that it is the mandatory duty 

of the County Clerk under the provisions of Article 2349 to 

keep an accurate record of the proceedings of the Commissioners' 

Court. The order quoted above would require the Clerk to record 

a "No" vote in those instances where a member of the Commissioners' Court abstains from voting, rather than casting a "No" vote. 

If the Clerk abided by the order under consideration, the minutes of a Commissioners' Court would reflect such erroneous 

matter. You are, therefore, advised that insofar as the order 

of the Commissioners' Court referred to in your request requires 

the Clerk of the Commissioners' Court to record erroneous matter 

in the Minutes of the Commissioners' Court, such order is invalid. 

----_-- SUMMARY 

It is the duty of the County Clerk to 

keep an accurate record of the proceedings 

of the Commissioners' Court in a suitable 

book kept for that purpose and any order of 

the Commissioners' Court which would require 

the County Clerk to record a voting,abstention as a "No" vote is invalid to the extent 

that it requires the County Clerk to violate 

such mandatory duty. 

Very truly yours, 

WILL WILSON 

Attorney General of Texas 

JR:ms:zt 

APPROVED: 

OPINION COMMITTEE 

w. v. Gwpert, Chairman 

C. Dean Davis 

Wm. R. Hemphill 

Iola Wilcox 

By, 

F 

/lcLwd 

John Reeves 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore