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

January 8, 2018 by admin

All Regular, Special, Emergency and Executive Session Meetings of the __________ County Commissioners Court will be called and conducted in accordance with the provisions of the Texas Open Meetings Act, Chapter 551, Government Code.

Regular, Special and Emergency Meetings of the _________ County Commissioners Court are open to the public and to representatives of the press and media. Executive Sessions of the Commissioners Court are not open to the public, the press or the media and only those individuals expressly requested or ordered to be present are allowed to attend Executive Sessions.

The ______________ County Commissioners Court meets in Regular Session on the second and fourth Mondays of each month. In order for a matter or issue to appear as an agenda item on the Agenda of any Regular Meeting of the Commissioners Court, a request must be filed with and approved by at least one member of the Commissioners Court and/or the County Judge by 12:00 p.m. (noon) on the Wednesday immediately preceding the next Regular Meeting of the Commissioners Court.

The business of __________ County is conducted by and between the members of the ___________ County Commissioners Court and by those members of the county staff, elected officials, department heads, consultants, experts and/or members of the public requested to be present and participate. While the public is invited to attend all meetings of the Commissioners Court (except Executive Sessions) the public’s participation therein is limited to that of observees unless a member (or members) of the public is requested to address the Commissioners Court on a particular issue (or issues) or unless the member (or members) of the public completes a Public Participation Form and submits same to the county clerk prior to the time the agenda item (or items) is addressed by the Court. A sample of the _______________ County Commissioners Court Public Participation Form is attached hereto as Exhibit “A.”

Each member of the public who appears before the Commissioners Court shall be limited to a maximum of five (5) minutes to make his/her remarks. Time for each speaker shall be maintained by the County Clerk or such other designated representative of the Commissioners Court.

Maximum discussion on any agenda item, regardless of the number of members of the public wishing to address the Commissioners Court on such agenda item (or items) shall be limited to thirty (30) minutes. In the event that more than six (6) members of the public wish to address a particular agenda item (or items), then only the first six (6) members of the public recognized to speak shall be divided equally between those members of the public wishing to speak for the agenda item (or items) and those members of the public wishing to speak against the agenda item (or items).

In matters of exceptional interest, the Court may, by the majority vote of the members of the Court in attendance at the meeting, either shorten or lengthen the time allocated for a particular member of the public, all members of the public and/or the amount of time allocated for all agenda items and/or a specific agenda item.

It is the intention of the Court to provide an open access to the citizens of __________ County to address the Commissioners Court and to express themselves on issues of county government. Members of the public are reminded that the ________________ County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the ______________ County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, all members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Proper attire for men, women and children is mandatory. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court’s order and/or continued disruption of the meeting may result in a Contempt of Court Citation.

It is not the intention of the ________________ County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court’s presence and/or racial, ethnic, or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:

cancellation of a speaker’s remaining time;
removal from the Commissioners Courtroom;
a Contempt Citation; and/or
such other civil and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas.

The County Judge is the presiding officer of the _____________ County Commissioners Court and is a fully participating member thereof. In the event of the absence of the County Judge, the senior member of the Commissioners Court (in terms of total number of years as an elected representative) present at the Regular, Special, Emergency meeting or Executive Session, shall serve as the Judge Pro-Tem of the Court. However, nothing herein shall prevent the senior member of this Commissioners Court from delegating this duty to another member of the Commissioners Court.

The County Judge (or the designated Judge Pro-Tem of the Commissioners Court), as presiding officer of the Commissioners Court, is responsible for conducting all meetings and members of the public who have properly completed a Public Participation Form and submitted same to the County Clerk must wait to be recognized before they will be allowed to address the Court.

Special rules for the press and media:

No media personnel or equipment, including lights, cameras or microphones will be located on the Commissioners Court bench nor closer than five (5′) feet in front of the Commissioners Court bench.

Reporters and media technicians are required to structure their movements, equipment setup and take-down and adjustments, etc., in such a manner as to not disrupt the Commissioners Court deliberations or the ability of the public to see, hear, and participate in the proceedings.

Interview shall not be conducted inside the Commissioners Courtroom during the time the Court is in session.

Media interviews which are conducted outside the Commissioners Courtroom should be conducted in such a manner that the interview does not disturb, impede or disrupt the proceedings of any regular, special, or emergency and/or executive session of the court.

The Sheriff of ______________ County, Texas, or his designated deputy, shall serve as the bailiff at all regular, special, and emergency meetings of the Court. However, in the event of the absence of the sheriff, or in the event that there exists a conflict of interest between the sheriff, any member of the sheriff’s department, and the Commissioners Court, or in the event of an Executive session of the Court in which the Sheriff is not an authorized participant, then in such event, the Court shall appoint such other commissioned peace officers to serve as bailiff as may be necessary.
From time to time, the Commissioners Court shall conduct town meetings and public hearings. These rules of procedure, conduct and decorum shall also apply to such town meetings and public hearings; however, the Commissioners Court may adopt such additional and supplemental rules for such meetings as may be necessary and appropriate to conduct such meetings in an orderly, efficient and proper manner.

These Rules of Procedure, Conduct and Decorum at Meetings of the _____________ County Commissioners Court shall be effective immediately upon adoption by the Court and shall remain in full force and effect until amended or repealed by a majority vote of the Commissioners Court.

Texas Attorney General’s Opinions

November 30, 2012 by admin

Tax Freeze

Re: Implementing a
tax freeze by a county, city or town, or junior college district for persons
with disabilities or persons 65 years of age or older (RQ-0171-GA).

Submitted by Frank Madla

Chair, Intergovernmental
Relations Committee

Texas State Senate

Summary, Opinion No.
GA-222: Article VIII, section 1-b(h) of the Texas Constitution authorizes a
governing body of a home-rule municipality to call an election to adopt a tax
freeze for persons who are disabled or who are 65 years of age or older by
official action on its own motion and without a petition from the city’s
voters. A tax freeze adopted by a home-rule municipality under article VIII,
section 1-b(h) may not be repealed by an election
called pursuant to a petition of the city’s voters. Article VIII, section 1-b(h) does not permit a county, city or town, or junior
college district implementing that provision to use a year prior to
implementation as the base tax year.

Regulating Condominium
Development

Re: Whether a
condominium development is a subdivision subject to county regulation
under Local Government Code chapter 232 (RQ-0177-GA).

Submitted by Michael S.
Wenk

Hays County Criminal
District Attorney

Summary, Opinion No. GA-223: Local Government
Code chapter 232, subchapter A authorizes a county to determine that a
condominium development is a subdivision of land for which the landowner must
prepare and file a plat. Subchapter E of chapter 232 authorizes an urban county
to regulate a condominium development that constitutes a subdivision under
subchapter A.

Early Payment Discount

Re: Whether a school district may offer an early
payment discount to its taxpayers if the school district has contracted with a
county for tax collection services and the county has discontinued early
payment discounts (RQ-0179-GA).

Submitted by Jeff
Wentworth

Chairman, Senate
Jurisprudence Committee

Texas State Senate

Summary, Opinion No.
GA-225: A school district may not offer an early payment discount to its
taxpayers if the school district contracts with a county for tax collection
services and the county does not offer early payment discounts for county
taxes.

Paper Copy of Electronic
Record

Re: Whether a county
clerk must accept for recording a paper copy, containing printed images of
signatures or a printed image of a notary seal, of an electronic record of a
real estate transaction (RQ-0186-GA).

Submitted by Eugene D.
Taylor

Williamson County Attorney

Summary, Opinion No. GA-228: Nothing in the
E-Sign Act, 15 United States Code chapter 96, or the Uniform Electronic
Transactions Act (the “UETA”), chapter 43 of the Texas Business and
Commerce Code, requires a county clerk to accept real estate filings that
contain copies of electronic signatures. Similarly, nothing in the UETA, nor in section 406.013 of the Government Code, requires a
county clerk to accept real estate filings containing a copy of an
electronically transmitted notary public seal. Neither the UETA nor section
406.013 requires a county clerk to accept faxed real estate filings.
Furthermore, current statutory requirements in the Property Code appear to
prohibit a county clerk’s recording of an electronically generated record or a
copy of such a record, including an electronically generated signature or
notary public seal or a faxed document. Finally, a county clerk who refuses to
accept an electronically generated real estate filing is not liable for civil
penalties under section 11.004(b) of the Property Code.

Sheriff and County Contract

Re: Whether a county
sheriff is authorized to enter into a contract to house federal prisoners or to
accept and dispose of federal surplus property (RQ-0181-GA).

Submitted by Matt
Bingham

Smith County Criminal
District Attorney

Submitted by GA-229: In the absence of a statute
authorizing another county official to enter into a contract, the commissioners court has the sole authority to enter into
contracts binding the county. Section 351.043 of the Local Government Code does
not authorize a county sheriff to contract to house federal prisoners in the
county jail. Generally, a contract made by a county is valid and binding only
if made under the authority of a resolution or order duly passed at a meeting
of the commissioners court and entered in the minutes.
Under state law, a county sheriff is not authorized to contract for or to
accept federal surplus property as consideration for housing federal prisoners
in the county jail. In the absence of a controlling federal statute, title to
any personal property paid by the federal government as consideration for
housing federal prisoners in the county jail would vest in the county rather
than the sheriff, the jail, or the sheriff’s department. Section 81.032 of the
Local Government Code generally authorizes the commissioners
court of a county to accept donations on behalf of the county and would
authorize a commissioners court to accept a donation of property to be used by
the sheriff in performing that office’s statutory functions.

Generally, in the absence of a controlling federal
statute, federal surplus property paid to the county as consideration for
housing federal prisoners in the county jail would be included in county
inventory and disposed of like any other county property. Even if title has not
been transferred to the county or the county must obtain federal agency
approval before disposing of the property, federal surplus property received by
a county officer for county use would be included in county inventory. While
section 263.152 of the Local Government Code generally authorizes a commissioners
court to sell, trade in, donate, destroy or otherwise dispose of county salvage
or surplus personal property, the authority to donate, sell, trade, or destroy
particular county property would need to be resolved on a case-by-case basis.

Subdivision Regulation
Agreement

Re: Determining the
applicable deadline for a municipality and a county to complete their certified
subdivision regulation agreement as required in section 242.0015, Local
Government Code (RQ-0182-GA).

Submitted by Bryan
Goertz

Bastrop County Criminal
District Attorney

Summary, Opinion No.
GA-230: Deadlines for completing a certified subdivision regulation
agreement between a county and a municipality under section 242.0015 of the
Local Government Code are based on whether the municipality’s extraterritorial
jurisdiction extends 3.5 miles or more from its corporate boundaries, including
the extraterritorial jurisdiction established at the request of contiguous
property owners.

Family Protection Fee

Re: Whether the family protection fee, which
section 51.961 of the Government Code authorizes a commissioners
court to adopt, violates the open courts provision, article I, section 13 of
the Texas Constitution (RQ-0166-GA).

Submitted by Mike
Stafford

Harris County Attorney

Summary, Opinion No. GA-231: To avoid
contravening the open courts provision, article I, section 13 of the Texas
Constitution, revenues from the family protection fee, which a county may adopt
under section 51.961 of the Government Code, may be used only for court-related
purposes. Many uses that are consistent with those listed in section 51.961,
“family violence prevention, intervention, mental health, counseling,
legal, and marriage preservation services,” may be found to be court
related. The county commissioners court must determine
whether any particular use of family protection fee revenues is court related,
however.

Interment of Paupers

Re: Whether a county
may acquire and operate property for the exclusive interment of deceased
paupers (RQ-0185-GA).

Submitted by Yolanda de
Le?n

Cameron County District
Attorney

Summary, Opinion No.
GA-235: Pursuant to its duty under Health and Safety Code section 694.002
to provide for the disposition of the body of a deceased pauper, a commissioners court has implied authority to purchase and
maintain land for the exclusive interment of deceased paupers. The commissioners court may adopt a rule under this provision
authorizing the county to acquire and operate property for this purpose.

Roads & Bridges

March 1, 2012 by admin

Parker County Celebrates Road Project

Parker County officially opened the first segment of the Ric Williamson Memorial Highway (RWMH), the largest of the 35 projects comprising the Parker County Transportation Bond Program approved by voters in 2008. The county celebrated with a ribbon-cutting ceremony on Jan. 27.

The RWMH will be completed in five sections comprised of three road segments and two intersections. The recently completed section will extend south from FM 51 through the FM 920 intersection. In subsequent project segments, the RWMH will extend to an intersection with U.S. 180 and further south to an interchange with IH-20. The five segments will form the northwest quadrant of a loop around the city of Weatherford.

The $26.44 million project broke ground in April 2011. With phase one of the project now open to the public, construction continues on phases two and three. The entire 5.6-mile project is expected to be finished in early 2014.

The highway was named in honor of Ric Williamson, a Parker County resident who served as the chairman of the Texas Department of Transportation’s Highway Commission. He also represented Parker County in the Texas House of Representatives from 1985 to 1999. Williamson passed away in December 2007.

From the General Counsel

March 1, 2012 by admin

Mentally Ill Jail Inmate Issues

Travis County District Judge Orlinda Naranjo recently ordered the Texas Department of State Health Services to admit mentally incompetent county jail inmates within 21 days of receipt of the commitment order. While the order is not final and may be appealed by the attorney general, it has revealed the increasing problem of underfunded state hospital beds at the Texas Department of State Health Services.

The Texas Legislature has provided funding for only 800 hospital beds for statewide treatment of incompetent jail inmates. These inmates are awaiting trial, but have been found to be unable to participate in their defense because of mental illness. Since 2005, these inmates have been subjected to an average wait of six months in the county jail before transfer to a state hospital. During this delay the county is solely responsible for the costs of their confinement. These inmates often require separation and additional supervision at increased cost to the county.

Of course, confinement in the county jail without treatment is also detrimental to the mental health of the inmate.

“Keeping incompetent pretrial criminal defendants confined in county jail for unreasonable periods of time prior to being admitted to a state mental health facility or residential health facility violates the incompetent detainees’ due process rights as guaranteed by the Texas Constitution” stated Naranjo.

The effect of this unfunded mandate comes as no surprise to sheriffs and commissioners courts who have urged adequate state mental health funding for many years. Since Texas ranks last in the nation in per capita spending on mental health, conditions are unlikely to improve without additional appropriations from the state. Whether this court ruling will stimulate action or more delay remains to be seen.

For more information, please call me at 1-800-733-0699.

From the President

February 1, 2012 by admin

Greetings! I hope we are all settling into the new year well and winding down from all the excitement the holidays bring. If you are like most, and I am, the holidays have been good to us, and we see and feel that a little in our wasteline. Oh well, we now have this new year to work it all off, hopefully get into better shape, and become more healthy doing it.

Well…seems for those who are up for re-election and for elections in general, this redistricting situation has sprung disappointment, frustration and confusion. Not sure I fully understand it all myself. Thank goodness for our general counsel, Jim Allison, along with the Conference of Urban Counties and the Texas Association of Counties who have been keeping up with the issue and have been sending out updates informing us of what has transpired. A Joint Advisory has also been filed with the federal court. A few weeks back, a conference call was conducted regarding the issues and concerns the redistricting process and plans have caused, and some 20 counties participated to share their concerns. Below is a list of some timing concerns expressed by our elections administrators, which is included in the Joint Advisory:

· After issuance of redistricting plans, one to three weeks are required to prepare election precinct boundaries for adoption by commissioners courts. This time includes ensuring that there is an available polling place for each precinct.

· After approval of election precinct boundaries by commissioners courts, three to four weeks are required to update voter registration information to be able to print voter certificates and ballots. While part of this delay is caused by the required DOJ pre-clearance, a minimum of two weeks is required due to the required manual entry of voter data into the voter registration system to account for the new precinct boundaries.

· After updating voter registration information, two to three weeks are required to print voter certificates and ballots. Once the precincts and candidates are set, counties generally need 10 days to two weeks for the ballot generation, proofing, review by the political parties, and equipment testing before ballots can be printed and mailed. Counties that rely on a vendor to print their absentee ballots or program their voting equipment probably need three full weeks.

The maps finally issued by the court will determine the actual amount of time needed by

counties. If the final maps differ substantially from both the maps approved by the Texas Legislature and the maps previously ordered by the federal court, then counties impacted by those differences will require more time than set forth above. For that reason, counties are requesting that any election schedule ordered by the court at this time be contingent on final maps that are substantially similar to the maps approved by the Texas Legislature or the maps previously entered by the court.

Our county organizations are simply advocating for sufficient time in the adopted schedule for counties to physically be able to comply by conducting the elections. Counties should not have to spend significant staff time and expense making changes to voter registration records and mailing voter registration certificates for election precincts that are ultimately rejected by the Department of Justice.

There are other facts, requests, and concerns that I have not included in this column, but I hope you have received and read the e-mails that have been sent to commissioners court members from Jim Allison and the other organizations listed above. If you would like additional information, please contact us or speak to your elections administrator and/or county clerk. And now, a little humor I came across regarding this issue: “Texas always strives to be the biggest and best; AND now, we’ve got the biggest ‘election mess’ since Chad got hung in Florida. Dear Lord…just wake me up when it’s all over.”

Have a Blessed Day!

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