By Laura Garcia
Associate General Counsel, Texas Association of Counties (TAC) in Austin
The Texas Association of Counties (TAC) was established over 50 years ago to serve as the representative voice for all Texas counties and county officials. TAC’s Board of Directors includes representatives from each of the official county associations; Jennifer Tharp, Criminal District Attorney in Comal County, currently serves as TDCAA’s rep on TAC’s Board.
TAC provides a variety of services, including pool coverage and risk management services, health benefits services, legislative support for county officials and their associations, and education and training services. Beyond that, however, TAC also provides an array of specific legal support resources available to district and county attorneys and staff that are highlighted in further detail below.[1]
Legal helpline (888/275-8224)
Since 1989, TAC’s Legal Department has operated a helpline to assist county officials and staff in researching issues and finding statutes, regulations, opinions, and court cases relevant to a particular county situation. Our team of attorneys and paralegals responds to more than 2,000 inquiries every year on various county issues, including matters relating to open government, roads and bridges, and purchasing, among many others. Please contact us via phone or online at county.org/helpline if we can provide research assistance or other resources on these and other county issues as they arise.
Legal publications
In addition to the helpline, we publish a series of legal publications on many of these issues that are available for download on our website.[2] Publications address topics such as procedure and decorum for commissioners court meetings, ethics and conflicts of interest, open meetings, public finance, bail bonds, disaster response, and more. You can also request printed copies of these publications for your office. If you have any thoughts on future publications that may be helpful for counties, please let us know.
LegalEase on-demand training
We also offer on-demand continuing education online for a small fee. It covers various civil legal topics specifically tailored to county government.[3] Courses address issues such as social media and the First Amendment, website considerations, and county procurement. Attorneys can earn continuing legal education credit upon completion.
Amicus briefs and appellate practice support
Additionally, TAC’s Legal Department assists many counties with civil rights and tort claims litigation questions. A number of those involve issues of special interest to prosecutors, including litigation about wrongful arrest and malicious prosecution. Sometimes that assistance may take the form of amicus briefs on significant issues that may impact prosecutors and counties.
TAC’s Risk Management Pool support has included reviewing and offering suggestions on briefs for members when asked. We also offer the opportunity to participate in practice appellate arguments with our legal staff before upcoming oral arguments.
One case in which TAC recently participated was support of an amicus brief in Wilson v. Midland County.[4] The case involved a conflict of interest with an assistant district attorney who doubled as a law clerk for a state court judge. A conviction was overturned, and that person subsequently sued the county under §1983, making multiple damages claims. Midland County won at the Fifth Circuit. (Wilson’s Petition for Certiorari to the United States Supreme Court is still pending.)
County Management and Risk Conference
TAC’s Legal Department also supports our Risk Management Pool with its annual County Management and Risk Conference. The conference addresses a variety of topics relevant to district and county attorneys, local law enforcement, and other criminal justice professionals, including liability issues, regulatory compliance, risk mitigation, and personnel and employment law matters.
We are here to help
Led by counties for counties, TAC regularly collaborates with TDCAA and is here to serve prosecutors and your offices. Please don’t hesitate to call on us. Whether it’s research assistance, resource guides, or appellate practice support and briefing, we look forward to continuing to provide timely and ongoing support for you whenever you need it.
[1] Please visit TAC’s website at www.county.org to learn more about TAC, our services, and resources.
[2] www.county.org/member-services/legal-services/legal-publications.
[3] www.county.org/member-services/legal-services/legalease-ce.
[4] 116 F. 4th 384 (5th Cir. 2024).