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 James Warren Smith, Jr. Opinion No. JM-63 

Frio County Attorney 

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 commissioners court, 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 through him 

items may be placed on the agenda for consideration by the 

commissioners court. In other counties, the commissioners court has 

either designated a deputy county clerk to perform 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 commissioners court and has no independent 

authority to exercise his judgment as to matters which may or may not 

be considered by the commissioners court. 

The county commissioners court in Texas is established by 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 conferred by this Constitution and the laws 

of the State, or as may be hereafter prescribed. 

The statutory corollary of section 18 is article 2342, V.T.C.S.: 

The several commissioners, together with the 

county judge, shall compose the "Commissioners 

p. 272 
Honorable James Warren Smith, Jr. - Page 2 (~~-63) 

Court," and the county judge, when present, shall 

be the presiding officer of said court. 

Article 2351, V.T.C.S., provides in part that 

[e]ach commissioners court 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 find no authority for the county judge alone to control the 

contents, preparation and posting of the agenda required by the Texas 

Open Meetings Act, article 6252-17, V.T.C.S. Section 3a provides for 

the required notice of meetings of the commissioners court: 

Written notice of the date,, hour, place, and 

subject of each meeting held by a governmental 

body shall be given before the meeting as 

prescribed by 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. (Emphasis added). 

In the event of emergency called meetings, 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 authority and duties to 

"preside" over ,meetings of the county commissioners court grants him 

authority to prepare and limit, in his sole discretion, the items to 

be considered by the commissioners court. To preside has been defined 

as follo"s: 

to occupy the place of authority, as of president, 

chairman, moderator, etc.; to direct, control, OI 

regulate proceedings as chief officer . . . 

Webster's New International Dictionary; 2d Edition (1947). 

p. 273 
. .A 

Honorable James Warren Smith, Jr. - Page 3 (JM-63) 

The duties of the county clerk do not encompass the preparation 

or alteration of the commissioners court agenda. The county clerk is 

directed by statute to 

attend upon each term of said commissioners court; 

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 

commissioners court . . . 

V.T.C.S. art. 2345; see also V.T.C.S. art. 1940 (ex officio clerk). 

A commissioners court speaks through its minutes at any lawfully 

called meeting 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 

Rheuark V. Shaw, 628 F.2d 297 (5th Cir. 1980), cert. denied, sub nom. 

Rheuark V. Texas, 450 U.S. 931 (1980). Therefore, the commissioners 

court may control its own agenda much in the same way as the court may 

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 

court may also prescribe the manner in which items are to be submitted 

for such inclusion. Each member of the court, of course, must be 

permitted to place 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 

commissioners court. The cormnissioners court as a 

whole has the authority to determine and amend its 

own agenda. 

Very truly your J A 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

p. 274 
- 

Honorable James Warren Smith, Jr. - Page 4 (JM-63) 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by David Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Acting Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Moellinger 

Nancy Sutton 

p. 275