Texas Attorney General Opinion: JM-1070 Page: 4 of 5
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Honorable Jimmy F. Davis - Page 4 (JM-1070)
and materials, and the employment of person-
nel are consummated by actions of the commis-
sioners court acting as a body. In practice,
however, individual commissioners have sub-
stantial influence over contracts awarded,
personnel hired, and the purchase of road
material. They do not, however, have any
authority to legally bind the county for the
The commissioners court can employ
personnel, execute contracts, and purchase
equipment for a commissioner's precinct over
his objection. [Attorney General Opinion
V-1424 (1952).] The employment of road per-
sonnel and the execution of road contracts
must be acted upon by the commissioners court
as a body and is an authority that cannot be
delegated to another such as the county
judge. [Attorney General Opinion V-532
(1948).] In short, even though each county
commissioner is responsible for supervising
road work in his precinct and keeping himself
informed as to road conditions, he generally
has little further authority.
The commissioners court sets the amount of compensation
for county and precinct employees paid wholly from county
funds. Local Gov't Code 152.011 (formerly V.T.C.S. art.
3912k, i). In Attorney General Opinion MW-438 (1982) it
was concluded that sick leave benefits, vacation entitlement
and paid holidays for county and precinct employees
constitute a form of compensation (under then article 3912k,
V.T.C.S.) and that the determination of same is within the
sole province of the commissioners court.
In Attorney General Opinion JM-182 (1984) it was con-
cluded that the commissioners court is not authorized to
establish working hours for elected county officials. In
that opinion it was stated that there is no general state
law which dictates office hours or the work week to be
observed by county officials and employees. While there is
no express state law authorizing the commissioners court to
determine the working hours for road employees, we believe
the control granted the commissioners court in the matters
of hiring road employees, setting compensation, determining
sick leave, vacation entitlement and paid holidays for all
county and precinct employees necessarily gives the commis-
sioners court implied authority to establish working hours
and holidays for road employees.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1070, text, 1989; (texashistory.unt.edu/ark:/67531/metapth273508/m1/4/: accessed September 25, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.