Attorney General Opinion JM-0871

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 building includes for county agencies. The 'new 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 sea!c!& th: te rm shall be held at the county 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, which provided as follows: V.T.C.S., 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 adjourn at may 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 and periodically meets, court routinely 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." and unambiguous, The language is clear and requires the Ector County Commis- sioners Court to meet in the courthouse. p. 4222 ,- h 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 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. Very truly yo , J bax 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