# The Attorney General of Texas
August 17, 1983 JIM MATTOX Attorney General
Supreme Court Building P. 0. aox 12548 Austin. TX. 78711. 2546 5121475-2501 Telex 9101674~1367 Telecopier 51214750266

1607 Main St., Suite 1400 Dallas, TX. 75201-4709 2141742-6944

4624 Alberta Ave.. Suite 160 El Paso. TX. 799052793 915/5X-3464
,220 Dallas Ave., suite 202 Houston, TX. 77002-6986 7131650-0666

606 Broadway. Suite 312 Lubbock, TX. 79401-3479 6061747-5238

4309 N. Tenth. Suite 6 McAllen. TX. 78501.1685 5121682.4547

200 Main Plaza. Suite 400 San Antonio. TX. 76205-2797 5121225~4191

A” Equal opportunityi Affirmative Action Employer Honorable JamesWarren Smith, Jr. OpinionNo.JM-63 Frio CountyAttorney P. 0. Box V Re: Whether county clerk or Pearsall.Texas 78061 county judge controls preparation of agenda for commissioners court Dear Mr. Smith: You have asked whether the county judge or the county clerk controls the preparation of the agenda for the commissioners court. Our answer to your question is that neither of those two individual county officials controls the agenda, but rather, as a matter of law, the commissionerscourt, as a whole, controls its own agenda. We are fully aware that it is the common practice in many counties of this state for the county judge to act as the agenda clerk and throughhim items may be placed on the agenda for consideration by the commissioners court. In other counties, the commissioners court has either designateda deputy county clerk toperform these functions,or has separately hired an employee under the supervision of the commissioners court. The clerk serves only as the keeper of the minutes and records of the commissionerscourt and has no independent authority to exercisehis judgment as to matterswhich may or may not be consideredby the commissionerscourt. The county commissionerscourt in Texas is establishedby article V. section 18, of the Texas Constitution:

Each county shall . . . be divided into four commissioners precincts . . . . The County Commissioners so chosen,with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferredby this Constitutionand the laws of the State, or as may be hereafterprescribed. The statutory corollaryof section 18 is article 2342,V.T.C.S.:

The several commissioners, together with the county judge, shall compose the "Commissioners

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Court," and the county judge, when present, shall be thepresiding officer of said court. Article 2351,V.T.C.S.,provides in part that

[e]achcommissionerscourt shall: . . . (14) Issue all such notices, citations,writs and process as may be necessary for the proper execution of the powers and duties imposed by such court and to enforce its jurisdiction. We believe that the commissioners court agenda is a "notice" under this provision which is "necessary" by virtue of the Texas Open Meetings Act for the proper execution of the official duties of the court. We findno authority for the county judge alone to control the contents,preparationand posting of the agenda requiredby the Texas Open Meetings Act, article 6252-17,V.T.C.S. Section 3a provides for the requirednotice ofmeetings of the commissionerscourt:

Written notice of the date,,hour, place, and subject of each meeting held by a governmental body shall be given before the meeting as prescribedby this section . . .

. . . . (d) A county governmental body shall have a notice posted on a bulletin board located at a place convenient to the public in the county courthouse. (Emphasisadded). In the event of emergency calledmeetings, the presiding officer, that is, the county judge, may be required to notify the news media. Id. §3a(h). We do not believe that the county judge's authorityand duties to "preside" over ,meetingsof the county commissioners court grants him authority to prepare and limit, in his sole discretion, the items to be consideredby the commissionerscourt. To presidehas been defined as follo"s:

to occupy theplace of authority,as of president, chairman,moderator, etc.; to direct, control, OI regulateproceedingsas chief officer . . . Webster'sNew InternationalDictionary; 2d Edition (1947).

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The duties of the county clerk do not encompass the preparation or alteration of the commissionerscourt agenda. The county clerk is directedby statute to

attendupon each term of said commissionerscourt; preserve and keep all books, papers, records and effects belonging thereto, issue all notices, writs and process necessary for the proper execution of the powers and duties of the commissionerscourt . . . V.T.C.S. art. 2345; see also V.T.C.S. art. 1940 (ex officio clerk). A commissionerscourt speaks through itsminutes at any lawfully calledmeeting at which there is a quorum. Arts. 2343 (Quorum).2348 (Regular terms),V.T.C.S.; Hill Farm, Inc.V. Hill County, 425 S.W.2d 414 (Tex. Civ. APP. - Waco 1968) aff'd, 436 S.W.2d 320 (Tex. 1969) (co&issioners coyrt acts only throughits minutes). See generally RheuarkV. Shaw, 628 F.2d 297 (5th Cir. 1980), cert. denied, sub nom. Rheuark V. Texas, 450 U.S. 931 (1980). Therefore, the commissioners courtmay control its own agendamuch in the sameway as the courtmay limit the comment of citizens at a public hearing.. Attorney Generai Opinion H-188 (1973). We believe that the court may designate an agenda clerk who is responsible for compiling the items to be placed on the agenda. The courtmay also prescribe themanner inwhich items are to be submitted for such inclusion. Each member of the court, of course, must be permitted toplace on this agenda any item of his choosing. SUMMARY Neither the county judge nor the county clerk controls the preparation of the agenda for the commissionerscourt. The cormnissioners courtas a whole has the authority to determineand amend its own agenda. Very trulyyour 

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A JIM MATTOX Attorney General of Texas TOM GREEN FirstAssistantAttorney General

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DAVID R. RICHARDS ExecutiveAssistantAttorney General Preparedby David Brooks AssistantAttorney General APPROVED: OPINION COMMITTEE Rick Gilpin,Acting Chairman Jon Bible David Brooks Colin Carl Jim Moellinger Nancy Sutton

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