Attorney General Opinions
KP-0492 6/25/25
Issue:
May a county commissioners court create a new legal-support position and transfer funding or positions away from the county attorney’s office?
Conclusion:
Yes. A commissioners court has authority to delegate to any appropriate county official a function that is not a core duty of another county official. To the extent the duties of the contract and procurement specialist position are not core duties of the Aransas County Attorney’s Office, the position and its associated funding may be transferred from the County Attorney to another appropriate county office. The specific office to which this position and funding may be reassigned is a determination for the Commissioners Court in the first instance, as long as other conflicts are not created with the transfer of duties.
A commissioners court has authority to hire legal counsel to assist with county responsibilities so long as the statutory duties of other county officials are not thereby usurped. To the extent it does not usurp or interfere with the statutory duties of other county officials, including the County Attorney, the Aransas Commissioners Court is authorized to create a new attorney position concerning the affairs of Aransas County. To the extent it does not usurp or interfere with the County Attorney’s core duties, the Commissioners Court has, in some circumstances, authority through the exercise of its budgetary power to defund an existing civil attorney position to finance the new attorney position. Read opinion.
Requested by:
Jacky Cockerham, Aransas County Auditor
KP-0490 6/25/25
Issue:
Does the Texas Supreme Court have authority to require district and county clerks to integrate their case management systems with the proprietary re:SearchTX database?
Conclusion:
Yes. Making court records easily accessible to the public in an electronic filing system flows directly from the substantive powers of the judicial department to manage the operation of the court system and ensure efficient and uniform administration of justice. The Court’s order is also within its express statutory authority to enact rules that efficiently administer justice and impact the operation and management of the judicial branch. To carry out both its constitutional and statutory purposes, the Court must be able to enact rules that may impact, directly or indirectly, court records—documents born within the judicial department. The Court’s order therefore falls within the heartland of judicial power and does not infringe on or conflict with the Legislature’s lawmaking function. Read opinion.
Requested by:
Kimberly M. Buchanan, Tarrant County Auditor