Untitled Texas Attorney General Opinion ( 1988 )

Honorable Gary Garrison Opinion No. JR-871
Ector County Attorney
Room 223, Courthouse Re: Whether the Ector County
Odessa, Texas 79761 Commissioners Court may meet in
the new county administration
building (RQ-1250)
Dear Mr. Garrison:
You state that Ector County has purchased a building
in Odessa, the county seat of Ector County, to serve as an
administration building for county agencies. The 'new
building includes facilities for meetings of the Ector
County Commissioners Court, and it is expected that the
commissioners court will meet there. The administration
buLlding is six blocks from the courthouse.
You ask the following question:
Can the commissioners court meet in
regular and special term in the Ector County
Courthouse AdministrationBuilding?
Section 81.005 of the Local Government Code provides
as follows:
(a) The commissioners court shall con-
vene in a regular term on the second Monday
of each month, except that if the completion
of the court's business does not require a
monthly term, the court need not hold more
than one term a quarter. A regular term may
continue for one week but may be adjourned
earlier if the court's business is com-
pleted.
(b) The county judge or three county
commissioners may call a special term of the
court. A special term may continue until
the court's business is completed.
p. 4221
Honorable Gary Garrison - Page 2 W-871)
Th rm shall be held at the county
sea!c!& th: te
courthouse.
(d) Any business of the commissioners
court that is required by law to be
conducted at a regular term may also be
conducted at any meeting of the court held
on a day on which the court routinely. and
periodically meets, regardless of whether
the periodic interval is weekly, monthly,
quarterly, annually, or some other interval.
(Emphasis added.)
This section recodified former article 2348, V.T.C.S.,
which provided as follows:
Sec. 1. The reoular terms of the commis-
sioners court shall be commenced and be held
eat the court house on the second Monday of
!aach month throughout the year and may
continue in session one week: provided the
court need not hold more than one session
each quarter if the business of the court
does not demand a session. Any session may
adjourn at any time the business of the
court is disposed of. Special terms may be
called by the county judge or three of the
commissioners, and may continue in session
until the business is completed.
Sec. 2. Any business of the commis-
sioners court that is required by law to be
conducted at a regular term may also be
conducted at any meeting of the court held
on a day on which the court routinely and
periodically meets, regardless of whether
the periodic interval is weekly, monthly,
quarterly, annually, or some other interval.
(Emphasis added.)
Acts 1876, 15th Leg., ch. 55, 513, at 53; amended by Acts
1911, 32d Leg., ch. 98, 91, at 198 and Acts 1985, 69th
Leg., ch. 428, 51, at 1555.
Section 81.005(c) of the Local Government Code states
that the term of the commissioners court "shall be held at
the county seat at the courthouse." The language is clear
and unambiguous, and requires the Ector County Commis-
sioners Court to meet in the courthouse.
p. 4222
Honorable Gary Garrison - Page 3 (JM-871)
'
Section 292.004 of the Local Government Code
authorizes the commissioners court to provide facilities
such as
(a) . . . an auxiliary courthouse,
jail, a parking garage, a facility fez
district, county, and precinct adminis-
trative and judicial offices and courtrooms,
or any facility related to the administra-
tion of civil or criminal justice. For the
p r-noses of this section, the municinalitv
disicrnated as the countv seat includes
territorv added to the municioalitv after it
became the countv seat but excludes anv Dart
of the municinalitv outside the countv.
. . . .
(c) If the commissioners court desig-
nates the facility as an auxiliary court-
house, the facility may not replace the
courthouse at the county seat.
(d) A court recruired bv law to hold its
terms at the countv seat, exceot the com-
dssioners court, mav hold its terms at a
court facility nrovided under this section.
(Emphasis added.)
Local Gov't Code 5292.004(a), (c), Cd). Subsection (d)
bars the commissioners court from meeting at a new court
facility provided under section 292.004 of the Local
Government Code and is thus consistent with the reguire-
ment in section 81.005(c) that the commissioners court
shall meet at the courthouse.
Section 292.021 of the Local Government Code allows
counties which meet certain criteria to acquire a building
to house county offices and provides that
.[t]he building may contain an auditorium,
which may be used by the commissioners
court. . . .
,- Local Gov't Code 5292.021(b).
Moreover, the county has authority to build a new
courthouse on a site within the boundaries of the county
h
seat that existed when the city was designated county
p. 4223
Honorable Gary Garrison - Page 4 (J&871)
Seat. w COUntV vi Clements, 49 Tex. 347 (Tex. 1878);
Cosbv v. County Commissioners of Randall Countv 712
S.W.2d 246 (Tex. App. - Amarillo 1986, writ ref'd n.r.e.).
See Uenerally Gov't Code 5442.008 (notice to Texas
Historical Commission by county required before county may
demolish, sell, or lease county courthouse).
SUMMARY
Section 81.005(c) of the Local Government
Code requires the Ector County Commissioners
Court to hold its meetings in the county
courthouse.
J bax
Very truly yo ,
A
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
.Prepared by Susan L. Garrison
Assistant Attorney General
-.
p. 4224