2005 Texas Local Government Code CHAPTER 291. GENERAL BUILDING PROVISIONS AFFECTING COUNTIES

LOCAL GOVERNMENT CODE

SUBTITLE B. COUNTY PUBLIC BUILDINGS

CHAPTER 291. GENERAL BUILDING PROVISIONS AFFECTING COUNTIES


	§ 291.001. PROVIDING AND MAINTAINING COUNTY 
BUILDINGS.  The commissioners court of a county shall:
		(1)  provide, as soon as practicable after a county 
seat is established or moved, a courthouse and offices for county 
officers at the county seat;
		(2)  provide other necessary public buildings;  and                           
		(3)  maintain the courthouse, offices, and other public 
buildings.          

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 291.002. OFFICES AT COUNTY SEAT.  The county judge, 
sheriff, clerks of the district and county courts, county 
treasurer, tax assessor-collector, county surveyor, and county 
attorney shall keep their offices at the county seat.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 291.003. CONTROL OF COURTHOUSE.  The county sheriff 
shall have charge and control of the county courthouse, subject to 
the regulations of the commissioners court.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 291.004. PROVISION OF OFFICES, SUPPLIES, AND COURTROOMS 
TO CERTAIN JUSTICES OF THE PEACE.  (a) If requested by a justice of 
the peace of a county who handles an average of more than 50 cases a 
month during the 12 months preceding the date of the request, the 
commissioners court of the county shall furnish the justice of the 
peace with suitable office space and necessary telephones, 
equipment, and supplies.  The commissioners court shall furnish the 
items at the beginning of the first fiscal year after the date the 
request is made.  The items are in addition to the compensation and 
expenses provided for by Subchapter B, Chapter 152.
	(b)  The commissioners court may also provide a suitable 
courtroom for each justice of the peace.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 291.005. MAINTENANCE EMPLOYEES IN COUNTIES WITH 
POPULATION OF MORE THAN 500,000.  (a) The commissioners court of a 
county with a population of more than 500,000 shall direct and 
control the employees needed to repair, maintain, and operate the 
county's courthouses and criminal court buildings.
	(b)  The commissioners court may designate a building 
superintendent to employ the personnel.  Employments are subject to 
approval by the commissioners court.  An employment must:
		(1)  be in writing and signed by the employee;  and                           
		(2)  state the nature of the duties to be performed, the 
period of employment, the hours to be worked, and the amount to be 
paid.
	(c)  The employment of a person under this section ends 
January 1 of each year but may be renewed from year to year.  The 
commissioners court may discharge the employee at any time for 
cause.
	(d)  The number of employees appointed under this section is 
subject to the approval of the county auditor.
	(e)  Regardless of Subsections (a)-(d), the sheriff is 
responsible for employing and discharging, as provided by other 
law, the employees engaged in the operation of county jails.  The 
employees necessary for the proper conduct of the jails or the 
safekeeping of prisoners are under the exclusive direction and 
control of the sheriff.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 291.006. PRIVATE BUSINESS ON PUBLIC PROPERTY.  (a) A 
county official or an agent, deputy, or employee of a county 
official may not operate a private business on public property 
unless the person:
		(1)  keeps an accurate and detailed record of money 
that the person receives and disburses;
		(2)  files with the county auditor or other county 
auditing authority, on or before January 1 of each year, a report of 
receipts and disbursements during the previous calendar year;  and
		(3)  makes available to the county auditor all records 
of the receipts and disbursements.
	(b)  An amount of money equal to the amount of receipts 
required to be reported plus any interest paid by a financial 
institution on deposits of this money, less the amount of 
disbursements required to be reported, shall be delivered to the 
county treasurer when the report required by Subsection (a) is 
filed or in installments at regular intervals during the year as may 
be prescribed by the county auditor or other county auditing 
authority.  This subsection does not apply to a person acting under 
or by virtue of a written contract with the county.
	(c)  If a county official has not complied with this section 
by February 1 of each year, the county auditor shall notify the 
county or district attorney of the violation.  The county or 
district attorney shall, and any qualified voter of the county may, 
file a petition in a district court of the county for a writ of 
mandamus to compel compliance.
	(d)  A person who violates this section or falsifies a record 
or report required by this section commits official misconduct and 
may be removed under Chapter 87.
	(e)  This section does not apply to compensation that a 
justice of the peace or official court reporter receives for 
performing an act not required by law.

Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987.                    


	§ 291.007. NONBINDING REFERENDUM ON COUNTY PROPERTY 
MATTER.  The commissioners court of a county with a population of 
less than 40,000 may order a nonbinding referendum in the county on 
any matter affecting county property.  The referendum must be held 
on an authorized uniform election date as provided by Chapter 41, 
Election Code.

Added by Acts 1993, 73rd Leg., ch. 368, § 1, eff. Aug. 30, 1993.           


	§ 291.008. FEE FOR SECURITY.  (a) The commissioners court 
may set a fee not to exceed $5 to be collected at the time of filing 
in each civil case filed in a county court, county court at law, or 
district court which shall be taxed as other costs.  The county is 
not liable for the costs.
	(b)  In any civil case brought by the state or a political 
subdivision of the state in a county court, county court at law, or 
district court in a county in which the commissioners court has 
adopted a fee under Subsection (a) of this section in which the 
state or political subdivision is the prevailing party, the amount 
of that fee shall be taxed and collected as a cost of court against 
each nonprevailing party.
	(c)  The clerks of the respective courts shall collect the 
costs established by Subsections (a) and (b) of this section.
	(d)  If a commissioners court sets a security fee under 
Subsection (a) of this section, the county and district clerks 
shall collect a fee of $1 for filing any document not subject to the 
security fee.  The county is not liable for the costs.  The county or 
district clerk, as appropriate, shall collect this fee.
	(e)  Costs and fees collected under Subsection (c) or (d) of 
this section shall be paid to the county treasurer, or to any other 
official who discharges the duties commonly delegated to the county 
treasurer, for deposit in the courthouse security fund established 
by Article 102.017, Code of Criminal Procedure.

Added by Acts 1993, 73rd Leg., ch. 818, § 2, eff. Sept. 1, 1993.  
Renumbered from V.T.C.A., Local Government Code § 291.007 by 
Acts 1995, 74th Leg., ch. 76, § 17.01(41), eff. Sept. 1, 1995.


	§ 291.009. WEBB COUNTY SECURITY FEE.  (a) In addition to 
any other fee authorized by law, including a fee for security under 
Section 291.008, the Webb County Commissioners Court may set a fee 
not to exceed $20 to be collected at the time of filing in each civil 
case filed in the county court, a county court at law, or a district 
court in Webb County.  The fee shall be taxed as other costs.  The 
county is not liable for the costs.
	(b)  In any civil case brought by the state or a political 
subdivision of the state in which the state or political 
subdivision is the prevailing party, the amount of a fee imposed 
under Subsection (a) shall be taxed and collected as a cost of court 
against each nonprevailing party.
	(c)  The clerks of the respective courts shall collect the 
costs under Subsections (a) and (b).
	(d)  Costs and fees collected under this section shall be 
paid to the county treasurer, or to any other official who 
discharges the duties commonly delegated to the county treasurer, 
for deposit in a special fund to be used by the commissioners court 
only for courthouse security.

Added by Acts 1995, 74th Leg., ch. 465, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2001, 77th Leg., ch. 1101, § 1, eff. June 15, 
2001.


	§ 291.010. SECURITY SERVICES IDENTIFICATION CARD.  (a) 
The commissioners court of a county with a population of 2.8 million 
or more by order may:
		(1)  authorize the issuance of an identification card 
to individuals permitting entrance into a county building that 
houses a justice court, county court, county court at law, or 
district court without passing through the security services 
provided under Article 102.017, Code of Criminal Procedure;  and
		(2)  set a reasonable fee for the issuance of the 
identification card to individuals other than county employees.
	(b)  The commissioners court shall adopt standards for 
issuing an identification card described by this section to ensure 
public safety and security.
	(c)  This section does not authorize a person to possess a 
firearm, as that term is defined by Section 46.01, Penal Code, in a 
county building that houses a justice court, county court, county 
court at law, or district court.  A person who possesses a firearm 
in any court described by this section or in any office used by the 
court without the court's written authorization or without 
complying with any written regulation of the court is subject to the 
penalties provided by Chapter 46, Penal Code.

Added by Acts 1999, 76th Leg., ch. 754, § 1, eff. Aug. 30, 1999.