KEN PAXTON 

ATTORNEY GENERAL OF TEXAS 

The Honorable Nicholas "Nico" LaHood 

Bexar County Criminal District Attorney 

101 West Nueva, 7th Floor 

San Antonio, Texas 78205-3030 

Dear Mr. LaHood: 

April 17, 2017 

Opinion No. KP-0141 

Re: Authority to appoint associate judges to 

preside over proceedings for court-ordered 

mental health services · pursuant to section 

574.0085 of the Health and Safety Code 

(RQ-0135-KP) 

You request an opinion addressing which public official appoints associate judges pursuant 

to subsection 574.0085(a) of the Health and Safety Code. 1 Chapter 574·ofthe Health and Safety 

Code governs court-ordered mental health services. See TEX. HEAL TH & SAFETY CODE 

§§ 574.001-.203. Through this chapter, the Legislature authorized certain judges to commit 

individuals to involuntary psychiatric care in specific circumstances. See id. §§ 574.034-.035 

(authorizing a judge to order a proposed patient to receive court-ordered inpatient mental Health 

services upon making certain findings). Specifically, the law requires that the "statutory or 

constitutional county court that has the jurisdiction of a probate court in mental illness matters" 

conduct the proceedings for court-ordered mental health services. Id. § 574.008(a). In addition, 

the Legislature authorized the appointment of associate judges to preside over such proceedings: . 

The county judge may appoint a full-time or a part-time associate 

judge to preside over the proceedings for court-ordered mental 

health services if the commissioners court of a county in which the 

court has jurisdiction au~horizes the employment of an associate 

judge. 

Id.§ 574.0085(a). You ask about the meaning of the term "county judge" as used in this provision. 

Request Letter at . 1. You explain that it could mean the presiding officer of the county 

commissioners court or, alternatively, the presiding judge of the county. probate court with 

jurisdiction over mental illness matters. Id. at 2-4. 

1

See Letter from Honorable Nicholas "Nico" LaHood, Bexar Cty. Crim. Dist. Att'y, to Honorable Ken 

Paxton, Tex. Att'y Gen. at 1 (Oct. 12, 2016), https://www.texasattomeygeneral.gov/opinion/requests-for-opinion-rqs 

("Request Letter"). 
The Honorable Nicholas "Nico" LaHood - Page 2 (KP-0141) 

Texas law establishes both constitutional and statutory county courts, and the presiding 

officers of both can be referred to as "county judges." See, e.g., TEX. HEAL TH & SAFETY CODE 

§ 574.0085(b) (explaining that persons eligible to serve as an associate judge include "a retired 

county judge, statutory or constitutional"); TEX. EST. CODE§ 22.007(b) (defining "county court" 

for purposes of the Estates Code to include both constitutional and statutory courts with probate 

jurisdiction). With regard to constitutional county courts, article V, section 15 of the Texas 

Constitution establishes a "County Court" for each county and the position of "County Judge" to 

preside over those courts. TEX. CONST. art. V, § 15. The constitutional county court judge also 

serves as presiding officer of the county commissioners court. Id. art. V, § 18(b). These courts 

are commonly referred to as "constitutional county courts" to distinguish them from county-level 

courts created by statute. See Tex. Pipe Line Co. v. Hunt, 228 S.W.2d 151, 153 (Tex. 1950) 

(referring to courts created by article V, section 15 as "constitutional county courts"). 

Constitutional county courts have "jurisdiction as provided by law," including concurrent 

jurisdiction with justice courts and district courts in some civil cases. TEX. CONST. art V, § 16; see 

also TEX. Gov'T CODE §§ 26.041 (explaining that a constitutional county court has jurisdiction 

conferred by subchapter D, chapter 26 of the Government Code and other law), .042 (outlining the 

general civil jurisdiction of the constitutional county court). Relevant to your request, some but 

not all constitutional county courts have jurisdiction over mental health proceedings. See TEX. 

Gov'T CODE § 26.052(b) (authorizing the constitutional county court judge to elect not to have 

jurisdiction over mental health proceedings). 

Chapter 25 of the Government Code establishes statutory county courts. See id. 

§§ 25.0001-.2702; see also TEX. CONST. art. V, § 1 (authorizing the Legislature to "establish such 

other courts as it may deem necessary"). Statutory county courts may have "jurisdiction over all 

causes and proceedings, civil and criminal, original and appellate, prescribed by law for county 

courts." TEX. Gov'T CODE § 25.0003(a). "The judge of a statutory county court may appoint the 

personnel necessary for the operation of the court ... if the commissioners court has approved the 

creation of the position." Id. § 25.00lO(e). In addition to general statutory county courts, the 

Legislature established statutory probate courts, which have jurisdiction over probate matters and 

certain proceedings instituted under the Health and Safety Code. Id. § 25. 0021. Some but not all 

statutory county courts have jurisdiction over mental health proceedings under the Mental Health 

Code. See TEX. HEALTH & SAFETY CODE § 574.008(a) (explaining that proceedings under the 

Mental Health Code must be held in the county court with jurisdiction of a probate court in mental 

illness matters). "In a county in which there i$ a statutory probate court, the statutory probate court 

has exclusive jurisdiction of all probate proceedings" and mental health proceedings. TEX. EST. 

CODE § 32.005( a); see also 48B Robert P. Schuwerk & Lillian B. Hardwick, Texas Practice Series: 

Tex. Lawyer & Judicial Ethics § 40.61 (2016 ed.) (explaining that statutory probate courts have 

exclusive jurisdiction over mental health commitments in the counties where such courts exist). 

Chapter 574 of the Health and Safety Code does not define "county judge." Given that the 

term is capable of multiple meanings, we must construe the statute to effectuate the Legislature's 

intent. See Liberty Mut. Ins. Co. v. Adcock, 412 S.W.3d 492, 494 (Tex. 2013) (explaining that the 

"primary objective in construing a statute is to ascertain and give effect to the Legislature's 

intent"). In doing so, we must construe the words of the statute in the context ofits surrounding 

provisions. In re Office of the Att'y Gen., 456 S.W.3d 153, 155-56 (Tex. 2015); Jaster v. Comet II 
The Honorable Nicholas "Nico" LaHood - Page 3 (KP-0141) 

Constr., Inc., 438 S.W.3d 556, 562 (Tex. 2014) ("While we must consider the specific statutory 

language at issue, we must do so while looking to the statute as a whole."). 

Section 574.008 of the Health and Safety Code provides that proceedings for court-ordered 

mental health services and post-commitment proceedings "must be held in the statutory or 

constitutional county court that has the jurisdiction of a probate court in mental illness matters." 

TEX. HEALTH & SAFETY CODE § 574.008(a). The next section, the one about which you ask, 

provides that the "county judge may appoint ... [an] associate judge to preside over the 

proceedings for court-ordered mental health services if the commissioners court of a county in 

which the court has jurisdiction authorizes the employment of an associate judge." Id. 

§ 574.0085(a) (emphasis added). Reading the provisions as a whole, the "court" refers to the 

statutory or constitutional county court that has jurisdiction of mental illness matters, and "county 

judge" consequently refers to the judge of that court.2 Consistent with this construction, subsection 

( d) further provides that "[a ]n associate judge who serves a single court serves at the will of the 

judge of that court." Id.§ 574.0085(d) (emphasis added). Thus, read in the full context of these 

sections, a court would likely conclude that "county judge," as used in subsection 574.0085(a), 

refers to the statutory or constitutional county court judge with jurisdiction over mental illness 

matters.3 

Subchapter C, Chapter 54A of the Government Code, which relates to the appointment of 

statutory probate court associate judges, supports this construction. That subchapter authorizes 

2You direct us to In re L.L., 821 S. W.2d 247 (Tex. App.-San Antonio 1991, writ denied), and suggest the 

court in that case construed the term "county judge" as the constitutional county court judge and that we should do 

likewise. In re L.L. involved the predecessor statute to subsection 574.008(b), which at the time stated: 

Where a proceeding is to be held in the county court under Section 40 of this 

code and the county judge of that court is not a licensed attorney, the person or 

his attorney may request that such proceeding be transferred to a court with a 

judge that is an attorney licensed to practice law in this state. The proceeding 

shall then be transferred by the county judge to such court and be heard as if 

originally filed in such court. 

Id. at 249. In re L.L. involved a request to transfer mental health proceedings from the constitutional county court to 

a court with a judge who was a licensed attorney, and you are correct that in that case the "county judge" transferring 

the case was the constitutional county court judge. Id. at 248. However, no language in the decision purports to 

construe the term "county judge" or suggests the phrase could not also be applied to statutory county court judges 

when appropriate. 

3You suggest that because section 574.0085 "only contemplates a single party having the authority to 

appoint associate judges," and because an associate judge may serve more than one judge, the phrase must refer to 

the single presiding officer of the commissioners court. Request Letter at 4. However, along with the possibility of 

serving multiple courts, an associate judge may, in some instances, serve multiple counties. See TEX. HEAL TH & 

SAFETY CODE§ 574.0085(c). In such instances, multiple county judges-regardless of whether that term refers to 

the presiding officer of the commissioners court or the presiding judge of the court With jurisdiction over mental 

illness matters-will appoint the associate judge. The fact that the Legislature chose to make the term "county judge" 

singular in section 574.0085(a) is therefore not dispositive to the question you raise. See TEX. Gov'T CODE 

§ 311.012(b) (explaining that in construing words and phrases in a statute, "[t]he singular includes the plural and the 

plural includes the singular"). 
The Honorable Nicholas "Nico" LaHood - Page 4 (KP-0141) 

the judge of a statutory probate court to appoint associate judges to hear "any aspect of a suit over 

which the probate court has jurisdiction." TEX. Gov'T CODE§ 54A.207(a); see also id.§ 54A.203. 

Significant to your question, an associate judge appointed pursuant to subchapter C "may serve as 

an associate judge appointed under Section 574.0085, Health and Safety Code." Id.§ 54A.203(e). 

Construing section 574.0085(a) to authorize the judge of the constitutional county court to appoint 

the associate judge rather than the judge of the statutory probate court, when one exists, would 

directly contradict this provision. See In re United Servs. Auto. Ass 'n, 307 S.W.3d 299, 311 (Tex. 

2010) (directing courts to construe statutes to harmonize with other relevant laws whenever 

possible); City of Round Rock v. Rodriguez, 399 S.W.3d 130, 137 (Tex. 2013) ("In construing a 

statute, ... we presume that the Legislature acted with knowledge of the background law[.]"). 

Rather, section 54A.203 further demonstrates the Legislature's intent to authorize the judge with 

jurisdiction of a probate court over mental illness matters to appoint an associate judge under 

section 574.0085(a). See TEX. Gov'T CODE § 54A.203. 

The predecessor statutes to the current Mental Health Code also support this construction. 

Prior to its codification in the Health and Safety Code, the Mental Health Code expressly defined 

both county court and county judge: "The term 'county court' is used in this code to mean the 

'probate court' or the court having probate jurisdiction, and the term 'county judge' means the 

judge of such court."4 In 1991, the Legislature adopted "a nonsubstantive revision of the statutes 

relating to mental health. "5 While the Legislature did not preserve the express definitions of county , 

court and county judge in the recodification, the statutes as revised do not change the meaning of 

those terms as historically used in relation to the Mental Health Code. See id § 311.023( 4) ("In 

construing a statute, whether or not the statute is considered ambiguous on its face, a court may 

consider ... former statutory provisions, including laws on the same or similar subjects[.]"). 

4

Act of Apr. 21, 1983, 68th Leg., R.S., ch. 47, § 1, sec. 10, 1983 Tex. Gen. Laws 211, 215-16, repealed by 

Act of Apr. 29, 1991, 72d Leg., R.S., ch. 76, § 19, 1991 Tex. Gen. Laws 515, 647. 

5 Act of Apr. 29, 1991, 72d Leg., R.S., ch. 76, § 1, 1991 Tex. Gen. Laws 515, 515. 
The Honorable Nicholas "Nico" LaHood - Page 5 (KP-0141) 

SUMMARY 

A court would likely conclude that the statutory or 

constitutional county court judge with jurisdiction over mental 

illness matters has authority to appoint the associate judge under 

subsection 574.0085(a) of the Health and Safety Code. 

JEFFREY C. MATEER 

First Assistant Attorney General 

BRANTLEY STARR 

Deputy First Assistant Attorney General 

VIRGINIA K. HOELSCHER 

Chair, Opinion Committee 

Very truly yours, 

KEN PAXTON 

Attorney General of Texas