CHAPTER 291. GENERAL BUILDING PROVISIONS AFFECTING COUNTIES
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE B. COUNTY PUBLIC BUILDINGS
CHAPTER 291. GENERAL BUILDING PROVISIONS AFFECTING COUNTIES
Sec. 291.001. PROVIDING AND MAINTAINING COUNTY BUILDINGS. The
commissioners court of a county shall:
(1) provide, as soon as practicable after a county seat is
established or moved, a courthouse and offices for county
officers at the county seat;
(2) provide other necessary public buildings; and
(3) maintain the courthouse, offices, and other public
buildings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 291.002. OFFICES AT COUNTY SEAT. The county judge,
sheriff, clerks of the district and county courts, county
treasurer, tax assessor-collector, county surveyor, and county
attorney shall keep their offices at the county seat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 291.003. CONTROL OF COURTHOUSE. The county sheriff shall
have charge and control of the county courthouse, subject to the
regulations of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 291.004. PROVISION OF OFFICES, SUPPLIES, AND COURTROOMS TO
CERTAIN JUSTICES OF THE PEACE. (a) If requested by a justice of
the peace of a county who handles an average of more than 50
cases a month during the 12 months preceding the date of the
request, the commissioners court of the county shall furnish the
justice of the peace with suitable office space and necessary
telephones, equipment, and supplies. The commissioners court
shall furnish the items at the beginning of the first fiscal year
after the date the request is made. The items are in addition to
the compensation and expenses provided for by Subchapter B,
Chapter 152.
(b) The commissioners court may also provide a suitable
courtroom for each justice of the peace.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 291.005. MAINTENANCE EMPLOYEES IN COUNTIES WITH POPULATION
OF MORE THAN 500,000. (a) The commissioners court of a county
with a population of more than 500,000 shall direct and control
the employees needed to repair, maintain, and operate the
county's courthouses and criminal court buildings.
(b) The commissioners court may designate a building
superintendent to employ the personnel. Employments are subject
to approval by the commissioners court. An employment must:
(1) be in writing and signed by the employee; and
(2) state the nature of the duties to be performed, the period
of employment, the hours to be worked, and the amount to be paid.
(c) The employment of a person under this section ends January 1
of each year but may be renewed from year to year. The
commissioners court may discharge the employee at any time for
cause.
(d) The number of employees appointed under this section is
subject to the approval of the county auditor.
(e) Regardless of Subsections (a)-(d), the sheriff is
responsible for employing and discharging, as provided by other
law, the employees engaged in the operation of county jails. The
employees necessary for the proper conduct of the jails or the
safekeeping of prisoners are under the exclusive direction and
control of the sheriff.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 291.006. PRIVATE BUSINESS ON PUBLIC PROPERTY. (a) A
county official or an agent, deputy, or employee of a county
official may not operate a private business on public property
unless the person:
(1) keeps an accurate and detailed record of money that the
person receives and disburses;
(2) files with the county auditor or other county auditing
authority, on or before January 1 of each year, a report of
receipts and disbursements during the previous calendar year; and
(3) makes available to the county auditor all records of the
receipts and disbursements.
(b) An amount of money equal to the amount of receipts required
to be reported plus any interest paid by a financial institution
on deposits of this money, less the amount of disbursements
required to be reported, shall be delivered to the county
treasurer when the report required by Subsection (a) is filed or
in installments at regular intervals during the year as may be
prescribed by the county auditor or other county auditing
authority. This subsection does not apply to a person acting
under or by virtue of a written contract with the county.
(c) If a county official has not complied with this section by
February 1 of each year, the county auditor shall notify the
county or district attorney of the violation. The county or
district attorney shall, and any qualified voter of the county
may, file a petition in a district court of the county for a writ
of mandamus to compel compliance.
(d) A person who violates this section or falsifies a record or
report required by this section commits official misconduct and
may be removed under Chapter 87.
(e) This section does not apply to compensation that a justice
of the peace or official court reporter receives for performing
an act not required by law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 291.007. NONBINDING REFERENDUM ON COUNTY PROPERTY MATTER.
The commissioners court of a county with a population of less
than 40,000 may order a nonbinding referendum in the county on
any matter affecting county property. The referendum must be held
on an authorized uniform election date as provided by Chapter 41,
Election Code.
Added by Acts 1993, 73rd Leg., ch. 368, Sec. 1, eff. Aug. 30,
1993.
Sec. 291.008. FEE FOR SECURITY. (a) The commissioners court
may set a fee not to exceed $5 to be collected at the time of
filing in each civil case filed in a county court, county court
at law, or district court which shall be taxed as other costs.
The county is not liable for the costs.
(b) In any civil case brought by the state or a political
subdivision of the state in a county court, county court at law,
or district court in a county in which the commissioners court
has adopted a fee under Subsection (a) of this section in which
the state or political subdivision is the prevailing party, the
amount of that fee shall be taxed and collected as a cost of
court against each nonprevailing party.
(c) The clerks of the respective courts shall collect the costs
established by Subsections (a) and (b) of this section.
(d) If a commissioners court sets a security fee under
Subsection (a) of this section, the county and district clerks
shall collect a fee of $1 for filing any document not subject to
the security fee. The county is not liable for the costs. The
county or district clerk, as appropriate, shall collect this fee.
(e) Costs and fees collected under Subsection (c) or (d) of this
section shall be paid to the county treasurer, or to any other
official who discharges the duties commonly delegated to the
county treasurer, for deposit in the courthouse security fund
established by Article 102.017, Code of Criminal Procedure.
Added by Acts 1993, 73rd Leg., ch. 818, Sec. 2, eff. Sept. 1,
1993. Renumbered from Local Government Code Sec. 291.007 by Acts
1995, 74th Leg., ch. 76, Sec. 17.01(41), eff. Sept. 1, 1995.
Sec. 291.009. WEBB COUNTY SECURITY FEE. (a) In addition to any
other fee authorized by law, including a fee for security under
Section 291.008, the Webb County Commissioners Court may set a
fee not to exceed $20 to be collected at the time of filing in
each civil case filed in the county court, a county court at law,
or a district court in Webb County. The fee shall be taxed as
other costs. The county is not liable for the costs.
(b) In any civil case brought by the state or a political
subdivision of the state in which the state or political
subdivision is the prevailing party, the amount of a fee imposed
under Subsection (a) shall be taxed and collected as a cost of
court against each nonprevailing party.
(c) The clerks of the respective courts shall collect the costs
under Subsections (a) and (b).
(d) Costs and fees collected under this section shall be paid to
the county treasurer, or to any other official who discharges the
duties commonly delegated to the county treasurer, for deposit in
a special fund to be used by the commissioners court only for
courthouse security.
Added by Acts 1995, 74th Leg., ch. 465, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 1101, Sec. 1, eff.
June 15, 2001.
Sec. 291.010. SECURITY SERVICES IDENTIFICATION CARD. (a) The
commissioners court of a county with a population of 2.8 million
or more by order may:
(1) authorize the issuance of an identification card to
individuals permitting entrance into a county building that
houses a justice court, county court, county court at law, or
district court without passing through the security services
provided under Article 102.017, Code of Criminal Procedure; and
(2) set a reasonable fee for the issuance of the identification
card to individuals other than county employees.
(b) The commissioners court shall adopt standards for issuing an
identification card described by this section to ensure public
safety and security.
(c) This section does not authorize a person to possess a
firearm, as that term is defined by Section 46.01, Penal Code, in
a county building that houses a justice court, county court,
county court at law, or district court. A person who possesses a
firearm in any court described by this section or in any office
used by the court without the court's written authorization or
without complying with any written regulation of the court is
subject to the penalties provided by Chapter 46, Penal Code.
Added by Acts 1999, 76th Leg., ch. 754, Sec. 1, eff. Aug. 30,
1999.