reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.003. Clerk

Sec. 81.003.  CLERK.  (a)  The county clerk is the clerk of the commissioners court.  The clerk shall:
(1)  serve the court during each of its terms;
(2)  keep the court's books, papers, records, and effects;  and
(3)  issue the notices, writs, and process necessary for the proper execution of the court's powers and duties.
(b)  The court shall require the clerk to record the proceedings of each term of the court.  This record may be in a paper or electronic format.  After each term the clerk shall attest to the accuracy of this record.
(c)  The clerk shall record the court's authorized proceedings between terms.  This record may be in a paper or electronic format.  The clerk shall attest to the accuracy of the record.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2003, 78th Leg., ch. 301, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.004. Seal

Sec. 81.004.  SEAL.  (a)  The commissioners court shall have a seal on which is engraved:
(1)  the words "Commissioners Court, (name of county) County, Texas";  and
(2)  a five-pointed star or a design selected by the court and approved by the secretary of state.
(b)  The clerk shall keep the seal and use it to authenticate official acts of the court or its presiding officer or clerk that require a seal for authentication.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.006. Quorum; Vote Required for Tax Levy

Sec. 81.006.  QUORUM; VOTE REQUIRED FOR TAX LEVY.  (a)  Three members of the commissioners court constitute a quorum for conducting county business except the levying of a county tax.
(b)  A county tax may be levied at any regularly scheduled meeting of the court when at least four members of the court are present.
(c)  A county may not levy a tax unless at least three members of the court vote in favor of the levy.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter A. Organization and Procedure › Section 81.007. Notice

Sec. 81.007.  NOTICE.  (a)  If the commissioners court is unable to obtain publication of a notice or report as required by law, the court may post a copy of the notice or report at the courthouse door and post one copy at a public place in each commissioner's precinct.  However, not more than one copy may be posted in the same municipality.
(b)  Posting must continue for the 30 days preceding the date the next court term begins.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.021. Change in Precinct Boundaries

Sec. 81.021.  CHANGE IN PRECINCT BOUNDARIES.  (a)  A commissioners court that orders a change in the boundaries of commissioner or justice precincts may specify in its order an effective date of the change that is not later than January 1 following the next general election.  An election for precinct office occurring after the date that the order is issued but before the effective date of the change in boundaries shall be held in the precincts as they will exist on that effective date.  A person who has resided in the area included in a new precinct for the period required for eligibility to hold office is not made ineligible on the ground that the precinct has not existed for that period.
(b)  The term of office of a commissioner, justice of the peace, or constable who holds office at the time a change in precinct boundaries becomes effective is not affected by the change, regardless of whether the change places the officer's residence outside the precinct for which the officer was elected.  The officer is entitled to serve for the remainder of the term to which the officer was elected.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.022. Process

Sec. 81.022.  PROCESS.  (a)  The commissioners court shall issue the notices, citations, writs, and process necessary for the proper execution of its powers and duties and the enforcement of its jurisdiction.  A notice, citation, writ, or process must:
(1)  be in the name of the "State of Texas";
(2)  be directed to the sheriff or a constable of a county;
(3)  be dated and signed officially by the clerk;  and
(4)  be impressed with the court seal.
(b)  Unless otherwise provided by law, process must be executed before the fifth day before its return date.  The return date shall be specified in the process.
(c)  A subpoena for a witness may be executed and returned immediately if necessary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.023. Contempt

Sec. 81.023.  CONTEMPT.  The commissioners court shall punish a person held in contempt by a fine of not more than $25 or by confinement for not more than 24 hours.  A person fined under this section may be confined until the fine is paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.024 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.024. District and County Court Seals

Sec. 81.024.  DISTRICT AND COUNTY COURT SEALS.  The commissioners court shall provide the seals required by law for district and county courts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Sec. 81.025 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.025. County Risk Management Pool Coverage Instead of Bonds

Sec. 81.025.  COUNTY RISK MANAGEMENT POOL COVERAGE INSTEAD OF BONDS.  (a)  Instead of a bond required by law to be executed by a county officer before taking office, the commissioners court may authorize the officer to obtain coverage from a county government risk management pool created under Chapter 119.
(b)  Coverage obtained under this section must:
(1)  be in an amount that is at least equal to the amount of the bond that would otherwise be required by law;
(2)  satisfy all other conditions applicable to the bond; and
(3)  be approved, recorded, and filed in the manner required by law for the bond.
(c)  An officer who obtains coverage instead of a bond under this section satisfies the bond requirements that are imposed on the individual by other law.
(d)  To the extent of a conflict between this section and other law, this section controls.
(e)  This section does not apply to coverage obtained under Section 43.002 or 44.002, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 439 (S.B. 1243), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.026. Commissioners Court Membership on Associations and Nonprofit Organizations

Sec. 81.026.  COMMISSIONERS COURT MEMBERSHIP ON ASSOCIATIONS AND NONPROFIT ORGANIZATIONS.  A county judge or county commissioner may serve on the governing body of or any committee serving an association of counties created or operating pursuant to the provisions of Section 89.002.  A county judge or county commissioner may serve as a member of any board of trustees or board of directors or other governing body of any trust or other entity created pursuant to interlocal contract for the purpose of forming or administering any governmental pool, self-insurance pool, insurance pool, or any other fund or joint endeavor created for the benefit of member counties and political subdivisions.  In addition, a county judge or county commissioner may serve as a member of the board of directors of any nonprofit corporation that is created and exists solely for the purpose of providing administrative or other services to such trust or other entity.  A county judge or county commissioner, acting as a member of any such board or committee, may perform any act necessary or appropriate for the rendition of such service, including the casting of votes and deliberations concerning and execution of contracts or claims with or against any county.  A county judge or commissioner may participate in deliberations concerning and cast any vote on any matter before the commissioners court affecting the execution of any contract with or the payment of claims, premiums, dues, or contributions to any such trust, association, nonprofit corporation, or entity or any related matter.
Added by Acts 1989, 71st Leg., ch. 1133, Sec. 1, eff. Aug. 28, 1989.  Renumbered from Sec. 81.027 and amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(c), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.027. Support of Paupers

Sec. 81.027.  SUPPORT OF PAUPERS.  Each commissioners court may provide for the support of paupers, residents of their county, who are unable to support themselves.
Added by Acts 1993, 73rd Leg., ch. 1042, Sec. 1, eff. Sept. 1, 1993.  Renumbered from Sec. 81.028 and amended by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), 13.11(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.028. Delegation of Duties of a County Judge in Counties With Population of More Than 1

Sec. 81.028.  DELEGATION OF DUTIES OF A COUNTY JUDGE IN COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION.  (a)  This section applies exclusively to a county judge in a county with a population of more than 1.5 million.
(b)  A county judge may file an order with the commissioners court of the county delegating to another county officer or an employee of the county the ability to sign orders or other official documents associated with the county judge's office.  The delegating order shall clearly indicate the types of orders or official documents that the officer or employee may sign on behalf of the county judge.
(b-1)  A county judge may file a standing order of emergency delegation of authority that clearly indicates the types of orders or official documents that the officer or employee may sign on behalf of the county judge in the event of an emergency or disaster.
(c)  An order or official document signed by a county officer or county employee acting under the delegated authority of the county judge in accordance with this section has the same effect as an order of the county judge.
(d)  The county judge may at any time revoke the delegated authority or transfer it to a different county officer or county employee by filing an order with the commissioners court of the county.
Added by Acts 1995, 74th Leg., ch. 143, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Sec. 81.029 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 13, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 65, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 66, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.029. Delegation of Duties of a County Judge in Certain Counties

Sec. 81.029.  DELEGATION OF DUTIES OF A COUNTY JUDGE IN CERTAIN COUNTIES.
Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 640 (H.B. 784), Sec. 1
(a)  This section applies only to a county judge in a county that has a population of more than 800,000 and is located on the international border, other than a county to which Section 81.0291 applies.
Text of subsection as amended by Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 125
(a)  This section applies only to a county judge in a county that is located on the international border and contains a municipality with a population of 500,000 or more.
(b)  A county judge may file an order with the commissioners court of the county delegating to a county commissioner of the commissioners court the ability to sign orders or other official documents associated with the county judge's office.  The delegating order must clearly indicate the types of orders or official documents that the county commissioner may sign on behalf of the county judge.
(c)  A county judge may file a standing order of emergency delegation of authority that clearly indicates the types of orders or official documents that the county commissioner may sign on behalf of the county judge in the event of an emergency or disaster.
(d)  An order or official document signed by the county commissioner under the delegated authority of the county judge under this section has the same effect as an order of the county judge.
(e)  The county judge may at any time revoke the delegated authority or transfer the authority to a different county commissioner by filing an order with the commissioners court.
Added by Acts 2009, 81st Leg., R.S., Ch. 708 (H.B. 2835), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 67, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 640 (H.B. 784), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 125, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.0291. Delegation of Certain Authority of County Judge or Commissioners Court in Certain Counties

Sec. 81.0291.  DELEGATION OF CERTAIN AUTHORITY OF COUNTY JUDGE OR COMMISSIONERS COURT IN CERTAIN COUNTIES.  (a)  This section applies only to a county that:
(1)  has a population of more than 800,000;
(2)  is located on the international border; and
(3)  borders another state.
(b)  A county judge may file an order with the commissioners court of a county delegating to a county commissioner of the commissioners court, a chief administrator, or another county officer or employee the ability to sign orders or other official documents associated with the county judge's office.  The delegating order must clearly indicate the types of orders or official documents that the county commissioner, chief administrator, officer, or employee may sign on behalf of the county judge.
(c)  A county judge may file a standing order of emergency delegation of authority that clearly indicates the types of orders or official documents that the county commissioner, chief administrator, officer, or employee may sign on behalf of the county judge in the event of an emergency or disaster.
(d)  An order or official document signed by the county commissioner, chief administrator, officer, or employee under the delegated authority of the county judge under this section has the same effect as an order of the county judge.
(e)  The county judge may at any time revoke the delegated authority or transfer the authority to a different county commissioner, chief administrator, officer, or employee by filing an order with the commissioners court.
(f)  The commissioners court by order may delegate managerial authority of the commissioners court to a county chief administrator.  The delegating order must clearly indicate the specific managerial authority delegated to the administrator.  By subsequent order, the commissioners court may revoke or modify the managerial authority delegated to the administrator.
Added by Acts 2023, 88th Leg., R.S., Ch. 640 (H.B. 784), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.030. Testimony Before Commissioners Court

Sec. 81.030.  TESTIMONY BEFORE COMMISSIONERS COURT.  The commissioners court may require that testimony before the court be given under oath.  A person who makes a false statement under oath is subject to prosecution under Section 37.02, Penal Code.
Added by Acts 1997, 75th Leg., ch. 390, Sec. 1, eff. May 28, 1997.  Renumbered from Sec. 81.031 by Acts 1999, 76th Leg., ch. 62, Sec. 13.03(d), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.032. Acceptance of Donations and Bequests

Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS.  (a)  The commissioners court may accept a donation of labor or services, gift, grant, donation, bequest, or devise of money or other property on behalf of the county, including a donation under Chapter 38, Government Code, for the purpose of performing a function conferred by law on the county or a county officer.
(b)  The commissioners court may not accept a donation described in Subsection (a) of over $1,000 for use in administering elections without the written consent of the secretary of state.
(c)  The secretary of state may grant consent under Subsection (b) only if:
(1)  the secretary consults with the governor, the lieutenant governor, and the speaker of the house of representatives on the proposed donation; and
(2)  the governor, the lieutenant governor, and the speaker of the house of representatives unanimously agree to the secretary's grant of consent.
Added by Acts 1999, 76th Leg., ch. 172, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 40, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 24.002(11), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1081 (H.B. 3470), Sec. 1, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1000 (H.B. 2283), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 81 - Commissioners Court › Subchapter B. Duties and Powers › Section 81.034. Eligibility of County With No Incorporated Territory to Participate in Municipal Assistance Programs

Sec. 81.034.  ELIGIBILITY OF COUNTY WITH NO INCORPORATED TERRITORY TO PARTICIPATE IN MUNICIPAL ASSISTANCE PROGRAMS.  A county that contains no incorporated territory of a municipality is eligible to apply on behalf of locations in the county that are census designated places as if the places were municipalities for the purpose of participating in any federal or state program that provides grants, loans, or other assistance to municipalities.
Added by Acts 2007, 80th Leg., R.S., Ch. 314 (H.B. 2095), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 331 (H.B. 807), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 82 - County Clerk › Subchapter A. General Provisions › Section 82.001. Surety Bond and Oath of County Clerk; Self-Insurance

Sec. 82.001.  SURETY BOND AND OATH OF COUNTY CLERK;  SELF-INSURANCE.  (a)  The county clerk must, before beginning to perform the duties of office, execute a bond either with four or more good and sufficient sureties or with a surety company authorized to do business in the state as a surety.
(b)  In lieu of the clerk obtaining the bond, the county may self-insure against losses that would have been covered by the bond.
(c)  The bond must be:
(1)  approved by the commissioners court;
(2)  made payable to the county;
(3)  conditioned that the clerk will faithfully perform the duties of office; and
(4)  in an amount equal to at least 20 percent of the maximum amount of fees collected in any year during the term of office preceding the term for which the bond is to be given, but not less than $5,000 or more than $500,000.
(d)  The clerk must take and subscribe the official oath, which must be endorsed on the bond if the bond is required.  The bond and oath shall be recorded in the county clerk's office and deposited in the office of the clerk of the district court.
(e)  An injured party in a suit to which the county is a party may use and enter in the record in the suit a certified copy of the bond.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 9(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 82 - County Clerk › Subchapter A. General Provisions › Section 82.002. Surety Bond on Deputy Clerks and Employees; Self-Insurance

Sec. 82.002.  SURETY BOND ON DEPUTY CLERKS AND EMPLOYEES;  SELF-INSURANCE.  (a)  Except as provided by Subsection (b), the county clerk shall execute one or more surety bonds in accordance with this section to cover each deputy clerk or other employee.  The county clerk shall execute:
(1)  an individual bond for each deputy clerk and other employee in an amount for each bond that is equal to the county clerk's bond; or
(2)  a schedule surety bond or a blanket surety bond to cover all deputy clerks and all other employees in a total amount that is equal to the county clerk's bond.
(b)  In lieu of a clerk obtaining a bond as required by Subsection (a), the county may self-insure against losses that would have been covered by the bond.
(c)  A bond covering a deputy clerk or other employee must be conditioned in the same manner as the county clerk's bond. A bond covering a deputy clerk or other employee must be made payable to the county for the use and benefit of the county clerk.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 9(a), eff. Aug. 28, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 179 (H.B. 1494), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 82 - County Clerk › Subchapter A. General Provisions › Section 82.003. Errors and Omissions Insurance; Contingency Fund

Sec. 82.003.  ERRORS AND OMISSIONS INSURANCE;  CONTINGENCY FUND.  (a)  The county clerk shall obtain an insurance policy or similar coverage from a governmental pool operating under Chapter 119 covering the clerk and each deputy clerk against liability incurred through errors and omissions in the performance of their official duties.
(b)  The policy or other coverage document must be in an amount equal to the maximum amount of fees collected in any year during the term of office preceding the term for which the policy is to be obtained.  However, the policy or other coverage document must be in an amount of at least $10,000 but is not required to exceed $500,000.  If the policy or other coverage document provides coverage for other county officials, the policy or other coverage document must be in an amount of at least $1 million.
(c)  The commissioners court may establish a contingency fund to provide the coverage required by this section if it is determined by the county clerk that insurance coverage is unavailable at a reasonable cost.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 9(a), eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 561, Sec. 3, eff. Aug. 30, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 3.01, eff. January 1, 2022.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 82 - County Clerk › Subchapter A. General Provisions › Section 82.004. Premiums

Sec. 82.004.  PREMIUMS.  The commissioners court of a county shall pay out of the general fund of the county the premiums for a bond or insurance policy required by this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 82 - County Clerk › Subchapter A. General Provisions › Section 82.005. Appointment, Oath, and Powers of Deputy Clerk

Sec. 82.005.  APPOINTMENT, OATH, AND POWERS OF DEPUTY CLERK.  (a)  An appointment by the county clerk of a deputy clerk must be in writing, be signed by the county clerk, and bear the seal of the county court.  The county clerk shall record the appointment in the county clerk's office and shall deposit it in the office of the district clerk.
(b)  A deputy clerk must take the official oath.
(c)  A deputy clerk acts in the name of the county clerk and may perform all official acts that the county clerk may perform.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 82 - County Clerk › Subchapter B. Miscellaneous Powers and Duties › Section 82.051. Electronic Display of Official and Legal Notices by County Clerk

Sec. 82.051.  ELECTRONIC DISPLAY OF OFFICIAL AND LEGAL NOTICES BY COUNTY CLERK.  (a)  In this section, "electronic display" includes a display:
(1)  by the use of an electronic kiosk, electronic bulletin board, or other similar device designed to provide readily accessible information; or
(2)  on a county's public Internet website.
(b)  A county clerk may post an official and legal notice by electronic display instead of posting a physical document.  An electronic display of information posted under this section using a device described by Subsection (a)(1) must meet the location, time, and accessibility requirements provided by law for the posting of the notice.  An electronic display of information posted under this section on a county's public Internet website must meet the time requirements provided by law for the posting of the notice.
Added by Acts 2009, 81st Leg., R.S., Ch. 968 (H.B. 3601), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.001. Election

Sec. 83.001.  ELECTION.  The county treasurer is elected at each general election in which the office of governor is to be filled for a full term.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.002. Bond

Sec. 83.002.  BOND.  (a)  The county treasurer, before beginning to perform the duties of office, must execute a bond with a surety company authorized to do business in this state as a surety.  The bond must be:
(1)  approved by the commissioners court;
(2)  made payable to the county judge in an amount established by the commissioners court not to exceed one-half of one percent of the largest amount budgeted for general county maintenance and operations for any fiscal year of the county beginning during the term of office preceding the term for which the bond is to be given except that the amount may not be less than $5,000 or more than $500,000; and
(3)  conditioned that the treasurer will  faithfully execute the duties of office.
(b)  The treasurer must take and subscribe the official oath, which must be endorsed on the bond.  The bond and the oath shall be recorded in the county clerk's office.  The commissioners court may, at any time, require the treasurer to obtain a new or additional bond if the court considers the existing bond insufficient or doubtful.  The bond may not exceed the maximum amount provided by Subsection (a).  The bond must be acquired within 20 days after the date notice of the requirement has been given by the commissioners court.  The failure of a treasurer to obtain a bond required by this subsection subjects the treasurer to removal under Section 83.004.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 605, Sec. 1, eff. Aug. 30, 1999;  Acts 1999, 76th Leg., ch. 1097, Sec. 2, eff. Aug. 30, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 335 (S.B. 1108), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.003. Continuing Education

Sec. 83.003.  CONTINUING EDUCATION.  (a)  A county treasurer must successfully complete an introductory course of instruction in the performance of the duties of county treasurer:
(1)  within one year after the date on which the person is first elected if elected to a full term; or
(2)  at the earliest available date after appointment or election, as applicable, if appointed by the commissioners court or elected to an unexpired term of county treasurer.
(b)  After completion of the first year in office, a county treasurer must successfully complete in each 12-month period at least 20 hours of continuing education in the performance of the duties of county treasurer.
(c)  The introductory course required by Subsection (a) and the continuing education required by Subsection (b) must be sponsored or cosponsored by an accredited public institution of higher education.
(d)  To satisfy the requirement of Subsection (b), a county treasurer may carry forward from one 12-month period to the next not more than 10 continuing education hours that the county treasurer completes in excess of the required 20 hours.
(e)  For purposes of removal under Subchapter B, Chapter 87, "incompetency" in the case of a county treasurer includes the failure to complete a course in accordance with this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 42, Sec. 1, eff. Sept. 1, 1989;  Acts 2001, 77th Leg., ch. 313, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 875 (S.B. 1106), Sec. 1, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 15, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 3, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 66 (S.B. 435), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.004. Removal From Office; Filling of Vacancy

Sec. 83.004.  REMOVAL FROM OFFICE;  FILLING OF VACANCY.  (a)  If a person elected to the office of county treasurer fails to provide an adequate bond as required by Section 83.002(a) and to take the official oath on or before assuming the office, the county judge may declare the office vacant.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 876, Sec. 2, eff. September 1, 2005.
(c)  A vacancy in the office of county treasurer shall be filled as provided by Section 87.041.  The person appointed to fill the vacancy shall, on or before entering upon the discharge of the duties of office, take the official oath and obtain the same surety bond as required by Section 83.002(a) for an elected county treasurer.
(d)  A person vacating the office of county treasurer shall deliver to the successor to the office any money, securities, documents, books, and other property in the person's possession that belong to the county as well as any documents and books in the person's possession that are for the use of the county.  The person shall perform any other acts as the commissioners court may require.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 876 (S.B. 1107), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 876 (S.B. 1107), Sec. 2, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 16, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 49, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.005. Appointment of Person to Act in Treasurer's Place

Sec. 83.005.  APPOINTMENT OF PERSON TO ACT IN TREASURER'S PLACE.  (a)  In a county in which the county treasurer does not have a deputy, the county treasurer may appoint a person, subject to the approval of the commissioners court, to act in the treasurer's place.  The appointed person may act in the treasurer's place only if the treasurer is absent, unavoidably detained, incapacitated, or unable to act.
(b)  The treasurer shall provide the commissioners court with the details justifying an appointment under this section.  The commissioners court may require proof of any detail provided by the treasurer.
(c)  The appointed person may act for the treasurer only after:
(1)  the commissioners court approves the appointment;
(2)  the appointment is recorded in the minutes of the court;  and
(3)  the appointed person gives a surety bond in favor of the county and the county treasurer, as their interests may appear, in an amount determined by the commissioners court.
(d)  If the treasurer appoints a person other than a regularly employed county employee, the appointed person may not receive any compensation from the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 103, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.006. Funding of Treasurer's Office

Sec. 83.006.  FUNDING OF TREASURER'S OFFICE.  The commissioners court may provide funds for adequate personnel and supplies that enable the county treasurer to perform the duties of office.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.007. Statutory Reference: Function of Treasurer in County That Has Abolished Office

Sec. 83.007.  STATUTORY REFERENCE: FUNCTION OF TREASURER IN COUNTY THAT HAS ABOLISHED OFFICE.  In a county for which the office of county treasurer has been abolished, a reference in this code or other state statute to the county treasurer means the person who performs the powers or duties of the county treasurer in that county.
Added by Acts 2007, 80th Leg., R.S., Ch. 934 (H.B. 3439), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.008. Surety Bond on Assistant Treasurers, Deputies, and Employees; Self-Insurance

Sec. 83.008.  SURETY BOND ON ASSISTANT TREASURERS, DEPUTIES, AND EMPLOYEES; SELF-INSURANCE.  (a)  If a county treasurer employs only one assistant or deputy, the county treasurer shall execute a surety bond to cover the assistant or deputy and shall execute a schedule surety bond or a blanket surety bond to cover all other employees of the office.  If a county treasurer employs more than one assistant or deputy, the county treasurer shall execute a blanket surety bond to cover the assistants or deputies and all other employees of the office.
(b)  Instead of a county treasurer obtaining a bond as required by Subsection (a), the county may self-insure against losses that would have been covered by the bond.
(c)  The bond under this section must be conditioned in the same manner and must be for the same amount as the bond for the county treasurer under Section 83.002.  The bond must be made payable to the county judge for the use and benefit of the county treasurer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 83 - County Treasurer › Section 83.009. Assistant Treasurer or Treasury Deputy

Sec. 83.009.  ASSISTANT TREASURER OR TREASURY DEPUTY.  (a)  The appointment of an assistant treasurer or treasury deputy must be in writing, be signed by the county treasurer, and bear the seal of the county court.
(b)  A person appointed as an assistant treasurer or treasury deputy, before beginning to perform the duties of office, must take and subscribe the official oath, which, together with the certificate of the officer administering the oath, must be endorsed on the appointment.  The appointment and oath shall be deposited and recorded in the county clerk's office.
(c)  An assistant treasurer or treasury deputy acts in the name of the county treasurer as directed by the county treasurer and may perform all official acts that the county treasurer may perform at the discretion of the county treasurer.
Added by Acts 2011, 82nd Leg., R.S., Ch. 606 (S.B. 373), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.001. Effect of Reference to "District Judges"; Majority Vote Required

Sec. 84.001.  EFFECT OF REFERENCE TO "DISTRICT JUDGES";  MAJORITY VOTE REQUIRED.  (a)  In this chapter, a reference to district judges means the district judges having jurisdiction in the county.
(b)  A majority vote of the district judges is required to perform an act required or permitted of the district judges unless the law specifically provides otherwise.  If only one district judge has jurisdiction in the county, the judge may act alone.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.002. Appointment of County Auditor

Sec. 84.002.  APPOINTMENT OF COUNTY AUDITOR.  (a)  In a county with a population of 10,200 or more, the district judges shall appoint a county auditor.
(b)  In a county with a population of less than 10,200:
(1)  the district judges may appoint a county auditor if the judges determine that the county's financial circumstances warrant the appointment;  and
(2)  the district judges shall appoint a county auditor if:
(A)  the commissioners court finds that a county auditor is necessary to carry out county business and enters an order in its minutes stating the reason for this finding;
(B)  the order is certified to the district judges;  and
(C)  the district judges find the reason stated by the commissioners court to be good and sufficient.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1167, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.003. Procedure for Appointment

Sec. 84.003.  PROCEDURE FOR APPOINTMENT.  (a)  The district judges shall appoint the county auditor at a special meeting held for that purpose.  If a majority of the judges cannot agree on the selection of a person as county auditor, one of the judges shall certify that fact to the governor, who shall appoint another district judge to act and vote with the district judges to select the county auditor.
(b)  The clerk of the district court shall record the judges' action in the minutes of the court and certify it to the commissioners court.  The commissioners court shall record in its minutes the judges' action and an order directing the payment of the auditor's salary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.004. Term

Sec. 84.004.  TERM.  The term of office of a county auditor is two years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.005. Procedure for Appointment and Term in Populous County

Sec. 84.005.  PROCEDURE FOR APPOINTMENT AND TERM IN POPULOUS COUNTY.  (a)  In a county with a population of 3.3 million or more, the district judges shall hold a meeting for the purpose of appointing a county auditor.  For a county auditor to be appointed, a majority of the district judges must be present at the meeting and a candidate for the office must receive at least a two-thirds vote of the district judges who are present and voting at the meeting.  Each judge may nominate any number of candidates for the office.
(b)  The term of office of the county auditor begins on January 1 of each odd-numbered year.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 10(a), eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 669, Sec. 48, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.006. Qualifications

Sec. 84.006.  QUALIFICATIONS.  (a)  A county auditor must be:
(1)  a competent accountant with at least two years' experience in auditing and accounting;
(2)  thoroughly competent in public business details; and
(3)  a person of unquestionably good moral character and intelligence.
(b)  Before making an appointment the district judges shall carefully investigate and consider the person's qualifications.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 11(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.007. Bond and Oath

Sec. 84.007.  BOND AND OATH.  (a)  Before taking office and within 20 days after the date of a county auditor's appointment, the county auditor must execute a bond.  The bond must be:
(1)  a good and sufficient surety bond or a bond secured by two or more good and sufficient personal sureties;
(2)  in the amount of $5,000 or more;
(3)  payable to the district judges;
(4)  conditioned on the faithful performance of the duties of county auditor;  and
(5)  approved by the district judges.
(b)  The county auditor must take the official oath and a written oath that lists the positions of public or private trust previously held and the length of service in each of those positions and that states:
(1)  that he has the qualifications required by this chapter;  and
(2)  that he will not be personally interested in a contract with the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.008. Joint Employment of County Auditor

Sec. 84.008.  JOINT EMPLOYMENT OF COUNTY AUDITOR.  (a)  Except as provided by Section 84.005, the commissioners courts of two or more counties may agree to jointly employ and compensate a county auditor.
(b)  After the commissioners courts have determined that an auditor is necessary in the disposition of county business and after the agreement is made, the commissioners court of each county shall enter in its minutes an order stating its determination of the necessity and shall certify the order to the district judges of the county.  If the judges find the orders good and sufficient, they shall appoint the county auditor by an order recorded in the minutes of the district courts of all counties party to the agreement.  The district clerk of each county shall certify the order to the commissioners court of that county, who shall record the order in its minutes.
(c)  The county auditor is appointed for a term beginning on the day of appointment.
(d)  In matters required by this section to be done by the district judges, a majority vote of the judges controls.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 541, Sec. 1, eff. May 31, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 16.001, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 3 - Organization of County Government › Subtitle B - Commissioners Court and County Officers › Chapter 84 - County Auditor › Subchapter A. General Provisions › Section 84.0085. Continuing Education

Sec. 84.0085.  CONTINUING EDUCATION.  (a)  During each full term of office, a county auditor must successfully complete at least 40 classroom hours of instruction in courses relating to the duties of the county auditor and accredited by the Texas State Board of Public Accountancy as continuing professional education credits for certified public accountants.  On the completion of the courses and the accumulation of the continuing professional education credits, the county auditor must certify that fact to the district judges.
(b)  For purposes of removal for incompetency under another law, "incompetency" in the case of a county auditor includes the failure to complete the courses in accordance with this section.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 11(b), eff. Aug. 28, 1989.