Texas County Progress

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

COVID-19 Pandemic – Part 2

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Commissioners Courts Navigate Uncharted Territory

County Judges, statutorily tasked with emergency preparedness and response, are on the frontlines as they seek to protect their communities from the Coronavirus.

“We hope to defeat this virus and to one day look back at it as a battle fought and won by Texans who gave of themselves for their state, their counties, and their citizens,” Jasper County Judge Mark Allen shared with County Progress. (Hear more from Judge Allen and fellow officials at https://countyprogress.com/covid-19-pandemic.)    With details changing by the hour, Judges have responded to recommendations from the Centers for Disease Control and President Donald Trump and executive orders from Governor Greg Abbott while declaring their own local disasters and passing emergency orders to protect their individual jurisdictions.

Jim Allison, general counsel of the County Judges and Commissioners Association of Texas, has fielded around-the-clock questions as Commissioners Courts equip themselves to navigate county government during the pandemic. Allison encouraged officials to monitor the listservs; questions asked and answered and additional advice have included:

  1. Can the County Judge close the Commissioners Court meetings to the public? The governor has suspended the requirements for in-person public meetings. Under the governor’s orders, the Commissioners Court may only close its meetings to the public if two-way telecommunications are provided for public observation and participation. In addition to other sources, you may consider LogMeIn and its GoToMeeting and GoToWebinar solutions which are capable of providing muting/unmuting after the public comment period to avoid disruptive background noise or interruptions.
  2. Can the County Judge close the courthouse? While in-person visits to most county offices could be limited, the constitutional provisions of the Open Courts Provision must be observed. The Texas Supreme Court and the Court of Criminal Appeals have adopted emergency orders for all courts, providing for limited court proceedings to meet constitutional requirements during this emergency.
  3. Can statutory deadlines be suspended? The governor may suspend all statutory deadlines, and we are compiling a proposed list for his consideration. Under Section 418.1075, Government Code, the County Judge can suspend a deadline “imposed by local law” during a disaster declared by the governor. “Local law” is not defined.
  4. Can municipal officers enforce directives or orders issued by the County Judge? Yes, under Section 418.108(h), Government Code, after a declaration of local disaster by the County Judge, “the jurisdiction and authority of the County Judge includes the incorporated and unincorporated areas of the county.” Under Section 418.173, violations of the declaration and orders may be punishable by a fine not to exceed $1,000 or imprisonment in the jail not to exceed 180 days. This language needs to be included in the declaration or order. Of course, voluntary compliance is needed, not arrests. Uniform declarations and mutual support after consultation by all local officials are essential to obtain the maximum compliance.
  5. Has the Texas Commission on Jail Standards removed any requirements for the county jail? The TCJS has issued a directive suspending the requirements for jail visitation.
  6. Since the governor has declared a disaster in all 254 counties, a local declaration is not required to qualify for state or federal assistance, but the Texas Department of Emergency Management does require a local declaration before processing an application for reimbursement of expenses. A declaration of local disaster is required before the County Judge can enter orders under Chapter 418, Government Code. The only advantages to issuing the declaration in advance of any orders is 1) to activate the local emergency management plan; 2) obtain Commissioners Court approval at a regularly scheduled meeting; and 3) provide assurance to the public that the county is prepared to respond as needed. Consultation with other community leaders is most important.
  7. The Commissioners Court may conduct an emergency meeting with a one-hour notice to approve the declaration of a local disaster. Include in the meeting notice that an emergency exists because of the continuing need to consider implementation of the local emergency management plan and other orders and directives to properly respond to the Coronavirus disaster.
  8. In the absence of any written clarification from the state, refer questions concerning the meaning of “social gatherings” in the Executive Order by Governor Abbott to the Texas Department of Emergency Management.