LOCAL GOVERNMENT CODE
CHAPTER 89. GENERAL PROVISIONS RELATING TO COUNTY ADMINISTRATION
§ 89.001. SPECIAL COUNSEL IN COUNTIES WITH POPULATION OF
MORE THAN ONE MILLION. (a) The commissioners court of a county
with a population of more than one million may employ an attorney as
special counsel.
(b) The special counsel may be employed to:
(1) represent the county in any suit brought by or
against the county;
(2) prepare necessary documents and otherwise assist
the court, the county engineer, and other county employees in the
acquisition of rights-of-way for the county and for state highways;
or
(3) represent the county in condemnation proceedings
for the acquisition of rights-of-way for highways and other
purposes for which the county has the right of eminent domain.
(c) The county attorney shall select the special counsel.
If the county does not have a county attorney, the district attorney
or criminal district attorney shall select the special counsel.
The selecting officer shall determine the terms and duration of
employment of the special counsel, subject to the court's approval.
Acts 1987, 70th Leg.,ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 597, § 85, eff. Sept. 1, 1991.
Renumbered from § 81.023 by Acts 1999, 76th Leg., ch. 62, §
13.03(b), eff. Sept. 1, 1999.
§ 89.002. STATE ASSOCIATION OF COUNTIES. (a) The
commissioners court may spend, in the name of the county, money from
the county's general fund for membership fees and dues of a
nonprofit state association of counties if:
(1) a majority of the court votes to approve
membership in the association;
(2) the association exists for the betterment of
county government and the benefit of all county officials;
(3) the association is not affiliated with a labor
organization;
(4) neither the association nor an employee of the
association directly or indirectly influences or attempts to
influence the outcome of any legislation pending before the
legislature, except that this subdivision does not prevent a person
from providing information for a member of the legislature or
appearing before a legislative committee at the request of the
committee or the member of the legislature; and
(5) neither the association nor an employee of the
association directly or indirectly contributes any money,
services, or other valuable thing to a political campaign or
endorses a candidate or group of candidates for public office.
(b) If any association or organization supported wholly or
partly by payments of tax receipts from political subdivisions
engages in an activity described by Subsection (a)(4) or (5), a
taxpayer of a political subdivision that pays fees or dues to the
association or organization is entitled to appropriate injunctive
relief to prevent any further activity described by Subsection
(a)(4) or (5) or any further payments of fees or dues.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.026 by Acts 1999, 76th Leg., ch. 62, §
13.03(b), eff. Sept. 1, 1999.
§ 89.003. CENTRAL MAILING SYSTEM IN COUNTIES WITH
POPULATION OF MORE THAN ONE MILLION. The commissioners court of a
county with a population of more than one million may establish a
central mailing system to serve:
(1) district and county courts in the county,
including the office of the clerk of the court;
(2) offices in the county of the judicial district in
which the county is located; and
(3) offices and departments of the county.
Added by Acts 1995, 74th Leg., ch. 146, § 1, eff. May 19, 1995.
Renumbered from V.T.C.A., Local Government Code § 81.029 by Acts
1997, 75th Leg., ch. 165, § 31.01(65), eff. Sept. 1, 1997.
Renumbered from § 81.030 by Acts 1999, 76th Leg., ch. 62, §
13.03(b), eff. Sept. 1, 1999.
§ 89.004. PRESENTATION OF CLAIM. (a) Except as
provided by Subsection (c), a person may not file suit on a claim
against a county or an elected or appointed county official in the
official's capacity as an appointed or elected official unless the
person has presented the claim to the commissioners court and the
commissioners court neglects or refuses to pay all or part of the
claim before the 60th day after the date of the presentation of the
claim.
(b) If the plaintiff in a suit against a county does not
recover more than the commissioners court offered to pay on
presentation of the claim, the plaintiff shall pay the costs of the
suit.
(c) A person may file a suit for injunctive relief against a
county. After the court's ruling on the application for temporary
injunctive relief, any portion of the suit that seeks monetary
damages shall be abated until the claim is presented to the
commissioners court and the commissioners court neglects or refuses
to pay all or part of the claim by the 60th day after the date of the
presentation of the claim.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.041 by Acts 1999, 76th Leg., ch. 62, §
13.03(b), eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch.
1203, § 1, eff. Sept. 1, 2003.
§ 89.0041. NOTICE OF SUIT AGAINST COUNTY. (a) A person
filing suit against a county or against a county official in the
official's capacity as a county official shall deliver written
notice to:
(1) the county judge; and
(2) the county or district attorney having
jurisdiction to defend the county in a civil suit.
(b) The written notice must be delivered by certified or
registered mail by the 30th business day after suit is filed and
contain:
(1) the style and cause number of the suit;
(2) the court in which the suit was filed; and
(3) the date on which the suit was filed.
(c) If a person does not give notice as required by this
section, the court in which the suit is pending shall dismiss the
suit on a motion for dismissal made by the county or the county
official.
Added by Acts 2003, 78th Leg., ch. 1203, § 3, eff. Sept. 1, 2003.
§ 89.005. JURORS AND WITNESSES. In a suit brought by or
against a county, a resident of the county may be a juror or witness
if the resident is otherwise competent.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.042 by Acts 1999, 76th Leg., ch. 62, §
13.03(b), eff. Sept. 1, 1999.
§ 89.006. SATISFACTION OF JUDGMENT. The commissioners
court shall settle and pay a judgment against the county in the same
manner and pro rata as other similar claims are settled and paid by
the court. Execution may not be issued on a judgment against a
county.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.
Renumbered from § 81.043 by Acts 1999, 76th Leg., ch. 62, §
13.03(b), eff. Sept. 1, 1999.
