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The Official Publication of the County Judges and Commissioners Association of Texas

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Attorney General Opinions

July 27, 2020 by County Progress

Bond Election for City Roads

     Re: Whether a county may call a bond election to fund the construction, repair,

improvement, and maintenance of city roads (RQ-0319-KP).

Submitted by Lilli A. Hensley

Sterling County Attorney

Summary, Opinion No. KP-311: A county may call a bond election under Texas Constitution article III, section 52(b) or (c) and expend bond funds for the construction, repair, improvement, and maintenance of city streets if the county has municipal consent and determines that the city streets are an integral part of or a connecting link to a county road or a state highway. Having satisfied those requirements, a county need not buy the roads and the city need not disincorporate in order for the county to expend bond proceeds on such city streets.

 

Hearing on Application for Mental Health Services

     Re: Whether a hearing on an application for court-ordered mental health services conducted pursuant to section 574.031 of the Health and Safety Code must be recorded by an official court reporter (RQ-0321-KP).

Submitted by Heather Stebbins

Kerr County Attorney

Summary, Opinion No. KP-312: Subsection 574.031(g) of the Health and Safety Code requires that a hearing on an application for court-ordered mental health services be on the record. A court would likely conclude that subsection 574.031(g) imposes a duty on a county court or court at law holding such a hearing in Kerr County to use its official court reporter to make a record of the proceedings.

 

Amended Service Contract

     Re: Application of article III, section 53 of the Texas Constitution to invoices submitted to a county under an amended service contract for services performed prior to the amendment (RQ-0323-KP).

Submitted by Roberto Serna

District Attorney

293rd Judicial District

Summary, Opinion No. KP-315: Article III, section 53 of the Texas Constitution prohibits a county or municipal authority from granting extra compensation “after service has been rendered, or a contract has been entered into, and performed in whole or in part.” A county’s payment of an amount owed under a contract for services required by that contract is not prohibited extra compensation. Though some services may have already been provided under an original contract, if an amended contract is supported by new consideration, payment of an invoice submitted thereunder would comply with article III, section 53 provided the new consideration is sufficient. A change in the scope of work to require additional services in exchange for an additional payment likely constitutes adequate consideration in support of the amendment, but that is a question for the Commissioners Court in the first instance.

Filed Under: Attorney General's Opinions, Feature Story Tagged With: amended service contract, bond election, city roads, mental health

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Dates of Interest for the 88th Regular Session of the Texas Legislature

Official deadlines will be set when the House and Senate adopt their rules, but until then, the Texas Legislative Council Drafting Manual provides the following general calendar: 

Bill pre-filing began:  Nov. 14, 2022 

1st day of session:  Jan. 10, 2023 

60-day bill filing deadline:  March 10, 2023  

Adjournment sine die:  May 29, 2023 

Post-session 20-day deadline for governor to sign or veto:  June 18, 2023 

Effective date (91st day after adjournment):  Aug. 28, 2023

Sample Rules of Procedure, Conduct, and Decorum at Meetings of the County Commissioners Court

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Unfunded Mandate Resolution

The latest resolutions passed by the County Judges and Commissioners Association of Texas and the three Regional Associations are available at the links below.

County Judges and Commissioners Association of Texas Resolutions 2022

North & East Texas Resolutions 2022

South Texas Resolutions 2022

West Texas Resolutions 2023

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