Texas Attorney General Opinion: LO97-077 Page: 1 of 4
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Office of the ttornep @eneral
State of cexas
DAN MORALES
ATTORNEY GENERAL
August 20, 1997
The Honorable Ben W. "Bud" Childers Letter Opinion No. 97-077
Fort Bend County Attorney
301 Jackson, Suite 621 Re: Whether a county clerk is authorized to mail
Richmond, Texas 77469-3506 materials relating to the clerk's campaign for
office in a private professional association at
county expense (ID# 39550)
Dear Mr. Childers:
Your letter states that the county clerk in your county is running for office in the County and
District Clerk's Association of Texas. Your office has been informed that the county clerk has used
the county's postage meter to mail campaign materials. For purposes of this opinion, we assume
these allegations are true. You ask whether a county clerk is authorized to mail such materials at
county expense. We conclude that a county clerk is not authorized to mail materials relating to the
clerk's campaign for office in a private professional association at county expense unless the
commissioners court has budgeted for and authorized the expenditure. In addition, any such
expenditure would have to comport with article III, section 52 of the Texas Constitution.
The county postage meter is county property and the use of the county postage meter
constitutes an expenditure of county funds. The Local Government Code vests control over the
expenditure of county funds in the county commissioners court. See generally Local Gov't Code
ch. 111. The commissioners court adopts the county budget and county funds may only be expended
in accordance with the county budget. See id. 111.039 - .041, .070(a), .092. In addition, the
commissioners court also sets the compensation of other county officials, including the county clerk.
See id. ch. 152, subch. A. We are aware of no statute or common-law rule that would give the
county clerk independent authority to appropriate county funds not budgeted by the commissioners
court.' You have provided us with no information that would lead us to believe that the
commissioners court has authorized the county clerk to use the county postage meter to mail the
campaign materials, either as part of the county clerk's compensation or as a separate county
expenditure. Assuming that the commissioners court did not budget for and authorize the
'See Attorney General Opinion H-1243 (1978) at 2 (county clerk "without authority to incur any expense on
behalf of the county without the approval of the commissioners court"); accord 36 DAVID B. BROOKS, COUNTY AND
SPECIAL DISTRICT LAW 7.13 (Texas Practice 1989) ("Although there has been no definitive opinion, county officials
perhaps lack the authority to independently incur necessary and reasonable expenses not budgeted by the commissioners
court.").
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View two places within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-077, text, August 20, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277259/m1/1/?q=%221997~%22&rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.