Untitled Texas Attorney General Opinion, GA-0994

This opinion addresses whether a county sheriff must present the sheriff's office policy manual to the county commissioners court for approval.
Texas counties have elected constitutional officers, including the sheriff and the commissioners court, with powers derived from the Constitution and statutes.
The commissioners court has powers conferred by the Constitution/statutes and implied authority to perform duties, but not to micromanage every official’s duties.
A sheriff's principal duties include enforcing the law in the county and keeping the county jail, with powers to make and enforce rules and policy and to define objectives and means of achieving them.
There is no statute authorizing the commissioners court to approve or disapprove the sheriff's office policy manual; it falls within the sheriff's area of responsibility and authority.
Consequently, the court would likely hold that the county commissioners court is not authorized to approve or disapprove the sheriff's office policy manual.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the commissioners court may approve the sheriff's policy manual.	Slagle argues the commissioners court has authority to approve policies.	Hodge argues the sheriff has virtually absolute sway over policy within the sheriff's office.	Not authorized; commissioners court likely cannot approve/disapprove.

Fort Bend Cnty. Wrecker Ass'n v. Wright, 39 S.W.3d 421 (Tex. App.-Houston [1st Dist.] 2001) (sheriff powers to define objectives and means; internal policy matters within sheriff’s control)
Turner v. Upton County, 915 F.2d 133 (5th Cir. 1990) (federal authority supports sheriff's policymaking power)
Hooten v. Enriquez, 863 S.W.2d 522 (Tex. App.-El Paso 1993) (elected county officials have broad sway over entrusted responsibilities)
Familias Unidas v. Briscoe, 619 F.2d 391 (5th Cir. 1980) (virtually absolute sway over areas of responsibility)