Texas Attorney General Opinion: V-1151 Page: 3 of 4
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Hon. Tom Reavley, page 3 (V-1151)
The removal of the County Road Engineer by the
commissioners' court under the above statute is essen-
tially administrative or executive in nature. Under its
provisions a public hearing on the question of his re-
moval must be held if requested by him in writing, but
this does not change the nature of the proceeding.
The statute requires that notice be given to
the engineer by the commissioners' court of its inten-
tion to remove him, but it does not require that the rea-
sons for such removal be stated in the notice or prior to
the hearing. In fact, the record in the Dunbar case re-
flects that the engineer was not given the reasons for
the removal until the day of the hearing, and this fact
was brought to the attention of the Supreme Court in the
application for writ of error in that case. It is be-
lieved, however, that fair play would dictate that the
reasons be given in advance of the hearing in order that
he might have a reasonable time in which to secure wit-
nesses in his behalf. A public hearing would necessar-
ily imply that evidence should be presented in support of
the reasons assigned for removing the engineer from of-
fice and that the engineer be given the opportunity,
either in person or through counsel, to present witness-
es in his behalf.
SUMMARY
The commissioners' court in a county
operating under the provisions of the Op-
tional County Road Law of 1947 (Art. 6716-1,
V.C.S.) may raise the salaries or wages of
road department employees without the rec-
cmmendation and over the protest of the
County Road Engineer.
The removal of a County Road Engineer
by the commissioners' court under Section 7
of Article 6716-1, V.C.S., is administrative
or executive in nature. Notice must be given
to the engineer by the commissioners' court
of its intention to remove him, but the rea-
sons assigned for such removal are not re-
quired to be stated in the notice or prior
to the public hearing. A public hearing
implies that evidence should be presented
in support of the reasons assigned for re-
moving the engineer from office and that the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1151, text, February 14, 1951; (https://texashistory.unt.edu/ark:/67531/metapth265968/m1/3/?q=%221951~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.