Commissioners courts are the governing bodies of Texas counties, akin to the boards of county commissioners, county councils, or county boards of supervisors in other states.
Each county commissioners court in Texas has five members: the county judge and four commissioners. The commissioners court fulfills a mix of legislative and executive functions, and the judge may fulfill judicial functions.
The commissioners court conducts the general business of the county, including adopting the county’s budget and tax rate, authorizing contracts, filling vacancies, and setting salaries and benefits of county employees.
In Texas, “county commissioners court” is customarily spelled without an apostrophe.
Role of Members
The county judge serves as the chief administrator of the county. In smaller Texas counties, the county judge may also serve as the presiding judge for justice and county courts.
Each county commissioner, in addition to serving as a voting member of the court, may be charged with overseeing county roads and bridges within his or her precinct. Commissioners are sometimes also responsible for solid waste collection, parks, or other services within the precinct.
In rural counties, the role of the county commissioner outside of the commissioners court tends to be quite substantial, while in urban counties, the delivery of county services is frequently consolidated in county-wide departments, with the bulk of a commissioner’s time being devoted to meetings and other business of the commissioners court.
In all, Texas has 254 counties, which means that there are about 1,000 county commissioners serving in Texas at any given time, and 254 county judges, if all the positions are filled.
Structure and Conduct of Business
County commissioners courts in Texas operate similarly to the “weak” mayor-council system; the county judge has no veto power over the court and votes along with the other commissioners. In most instances, a simple majority of court members is sufficient to take action.
Three voting members of the court constitute a quorum. The county judge serves as the presiding officer of the commissioners court, while the county clerk is charged with keeping the minutes of the court.
State law requires, except in cases of emergency, that an agenda of the items to be considered by the court be posted at least 72 hours prior to its meeting.
Elections
Each county judge is elected countywide to a four-year term coinciding with the term of the governor. Each of the four county commissioners represents a precinct within the county. The commissioners are elected to staggered, four-year terms, with two taking office every other year.
Plural Leadership
Although each commissioners court controls the budget and finances of a county, it has only limited powers over certain executives within the county government.
That’s because tax assessor-collectors, sheriffs, clerks, and certain other county executives are elected independently–not hired. As such, these officials are politically accountable to the voters, not to the county judge or commissioners court, though they must comply with the budget and policies set by the latter.