Case Information
*1 The Attorney General of Texas August 17, 1983 JIM MATTOX
Attorney General
Supreme Telex 5121475-2501 Austin. Telecopier P. 0. aox 12548 9101674~1367 TX. 78711. Court Building [51214750266] [2546] Honorable James Warren Smith, Jr. P. 0. Box V Frio County Attorney Pearsall. Texas 78061 Opinion No. JM-63 county judge controls prepara- Re: Whether county clerk or tion of agenda for commissioners court Dear Mr. Smith: 1607 Main St., Suite 1400 Dallas, TX. 75201-4709
You have asked whether the county judge or the county clerk 2141742-6944
controls the preparation of the agenda for the commissioners court. 4624 Alberta Ave.. Suite El Paso. TX. 799052793 915/5X-3464 [160] county officials controls the agenda, but rather, as a matter of law, Our answer to your question is that neither of those two individual the commissioners court, as a whole, controls its own agenda. We are fully aware that it is the common practice in many counties of this ,220 Dallas Ave., suite Houston, 7131650-0666 TX. 77002-6986 [202] state for the county judge to act as the agenda clerk and through him items may be placed on the agenda for consideration by the commissioners court. In other counties, the commissioners court has either designated a deputy county clerk to perform these functions, or has separately hired an employee under the supervision of the 606 Broadway. Suite 312 commissioners court. The clerk serves only as the keeper of the Lubbock, TX. 79401-3479 minutes and records of the commissioners court and has no independent 6061747-5238 authority to exercise his judgment as to matters which may or may not
be considered by the commissioners court. 4309 N. Tenth. Suite McAllen. 5121682.4547 TX. 78501.1685 [6] V. section 18, of the Texas Constitution: The county commissioners court in Texas is established by article Each county shall . . . be divided into four 200 Main Plaza. Suite 400 San Antonio. TX. 76205-2797 commissioners precincts . . . . The County 5121225~4191 Commissioners so chosen, with the County Judge as
presiding officer, shall compose the County Commissioners Court, which shall exercise such A” Equal opportunityi powers and jurisdiction over all county business, Affirmative Action Employer
as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed.
The statutory corollary of section 18 is article 2342, V.T.C.S.: The several commissioners, together with the county judge, shall compose the "Commissioners *2 Honorable James Warren Smith, Jr. - Page 2 (~~-63)
Court," and the county judge, when present, shall be the presiding officer of said court.
Article 2351, V.T.C.S., provides in part that
[e]ach commissioners court shall: . . . (14) Issue all such notices, citations, writs and process as may be necessary for the proper execution of the powers and duties imposed by such court and to enforce its jurisdiction.
We believe that the commissioners court agenda is a "notice" under this provision which is "necessary" by virtue of the Texas Open Meetings Act for the proper execution of the official duties of the court. We find no authority for the county judge alone to control the contents, preparation and posting of the agenda required by the Texas Open Meetings Act, article 6252-17, V.T.C.S. Section 3a provides for the required notice of meetings of the commissioners court:
Written notice of the date,, hour, place, and subject of each meeting held by a governmental body shall be given before the meeting as prescribed by this section . . . . . .
(d) A county governmental body shall have a notice posted on a bulletin board located at a place convenient to the public in the county courthouse. (Emphasis added).
In the event of emergency called meetings, the presiding officer, that is, the county judge, may be required to notify the news media. Id. §3a(h).
We do not believe that the county judge's authority and duties to "preside" over ,meetings of the county commissioners court grants him authority to prepare and limit, in his sole discretion, the items to be considered by the commissioners court. To preside has been defined as follo"s:
to occupy the place of authority, as of president, chairman, moderator, etc.; to direct, control, OI regulate proceedings as chief officer . . .
Webster's New International Dictionary; 2d Edition (1947). .A
The duties of the county clerk do not encompass the preparation or alteration of the commissioners court agenda. The county clerk is directed by statute to
attend upon each term of said commissioners court; preserve and keep all books, papers, records and effects belonging thereto, issue all notices, writs and process necessary for the proper execution of the powers and duties of the commissioners court . . .
V.T.C.S. art. 2345; see also V.T.C.S. art. 1940 (ex officio clerk).
A commissioners court speaks through its minutes at any lawfully called meeting at which there is a quorum. Arts. 2343 (Quorum). 2348 (Regular terms), V.T.C.S.; Hill Farm, Inc. V. Hill County, 425 S.W.2d 414 (Tex. Civ. APP. - Waco 1968) aff'd, 436 S.W.2d 320 (Tex. 1969) (co&issioners coyrt acts only throughits minutes). See generally Rheuark V. Shaw, 628 F.2d 297 (5th Cir. 1980), cert. denied, sub nom. Rheuark V. Texas, 450 U.S. 931 (1980). Therefore, the commissioners court may control its own agenda much in the same way as the court may limit the comment of citizens at a public hearing.. Attorney Generai Opinion H-188 (1973).
We believe that the court may designate an agenda clerk who is responsible for compiling the items to be placed on the agenda. The court may also prescribe the manner in which items are to be submitted for such inclusion. Each member of the court, of course, must be permitted to place on this agenda any item of his choosing.
SUMMARY Neither the county judge nor the county clerk controls the preparation of the agenda for the commissioners court. The cormnissioners court as a whole has the authority to determine and amend its own agenda.
Very truly your J A JIM MATTOX Attorney General of Texas TOM GREEN
First Assistant Attorney General
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DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Acting Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
Nancy Sutton