The Texas county commissioners court is the five-member elected body that governs each of the state’s 254 counties. It sets the county budget, adopts the property tax rate, maintains roads and county buildings, runs elections, regulates land development outside city limits, and fills vacancies in other county offices. Despite the name, it is not a courtroom and does not hear cases.
Who Sits on the Court
Article 5, Section 18 of the Texas Constitution divides every county into four commissioner precincts. Voters in each precinct elect one commissioner to a four-year term. The county judge, elected countywide, presides over the court and votes on every matter, which brings the total to five voting members.1State of Texas. Texas Constitution Article 5 – Judicial Department
Two labels confuse people. The “county judge” in this role is an executive and legislative officer who runs meetings and manages county government; the title does not mean the person decides lawsuits. The “court” itself passes policy, approves contracts, and oversees operations rather than ruling on disputes. Think of it as a county board of directors with a chair who happens to be called a judge.
Each commissioner tends to focus on the roads, drainage, and local projects within their own precinct, but all five members vote together on countywide matters like the budget, the tax rate, and large contracts.
What the Commissioners Court Does
The Texas Local Government Code gives the court broad jurisdiction over “all county business.” In practice, that authority breaks down into several concrete areas residents actually encounter.
Roads, Bridges, and County Buildings
Maintaining county roads and bridges is the court’s most visible job. Each commissioner typically oversees road crews and equipment inside their precinct, and the full court approves the budget that pays for the work. The court also owns and maintains the county’s buildings, including the courthouse, jails, and administrative offices, and decides when to repair, expand, or replace them.
Elections
The court designates polling locations, arranges for voting equipment, and canvasses the results to certify final vote counts. Every election cycle puts the court at the center of local logistics.
Health, Welfare, and County Services
The court authorizes funding for indigent health care and emergency assistance programs, and it sets the funding levels for the departments that deliver county services.
Filling Vacancies
When a sheriff, tax assessor-collector, or other elected county officer leaves before the term ends, the commissioners court appoints a replacement to serve until the next election. The appointee still has to face voters when the term expires.
Land Use Outside City Limits
Outside incorporated cities, the court regulates how land is subdivided. Under Local Government Code Chapter 232, anyone splitting a tract into two or more pieces for sale must submit a plat for the court’s approval. The court can require road construction standards, drainage, and emergency access, and it can reject a plat that falls short. For large residential subdivisions of 1,000 or more lots, the court must require at least two routes for emergency vehicles and evacuations.2State of Texas. Texas Local Government Code Chapter 232 – County Regulation of Subdivisions
What It Cannot Do
The commissioners court does not supervise the daily work of other independently elected county officials. The sheriff, county clerk, district clerk, county attorney, and other constitutional officers answer to voters, not to the court. The court controls each office’s budget, which is real leverage, but it cannot tell those officials how to run their departments.
Budget, Taxes, and Contracts
The court is the county’s chief financial manager. Its biggest annual decision is adopting the county budget, which sets spending limits for every office and department.3State of Texas. Texas Local Government Code Chapter 111 – County Budget Once adopted, spending must stay within those limits except in a narrowly defined emergency: a “grave public necessity to meet an unusual and unforeseen condition” that reasonable planning could not have anticipated. Any emergency amendment must be filed with the county clerk and attached to the original budget.4Office of the Attorney General of Texas. Letter Opinion No. 97-051
To fund the budget, the court sets the county property tax rate each year through a process that requires public hearings and specific notice periods. In a county with a population of 75,000 or more, if the court adopts a rate that would raise more than 3.5 percent above the previous year’s revenue (adjusted for new property), voters automatically get the chance to reject it at the next election. Smaller counties face a higher threshold before an automatic election is triggered.3State of Texas. Texas Local Government Code Chapter 111 – County Budget
On the spending side, the County Purchasing Act requires sealed bids or competitive proposals for any purchase exceeding $50,000. Splitting a large purchase into smaller pieces to stay below that line is illegal. The court approves major contracts and authorizes bonds or other debt for large infrastructure projects.
Emergency Declarations
When a hurricane, flood, wildfire, or other disaster hits, the county judge serves as the county’s emergency management director. Under Government Code Section 418.108, the county judge can declare a local state of disaster, which activates emergency response powers. That declaration lasts no more than seven days unless the commissioners court votes to extend it.5State of Texas. Texas Government Code Section 418.108 – Declaration of Local State of Disaster The judge handles the immediate response; the full court decides whether the emergency powers keep going. Any emergency spending outside the approved budget still has to go through the budget amendment process.
Open Meetings and Public Participation
The Texas Open Meetings Act, in Government Code Chapter 551, requires the commissioners court to do its business in public. The court must post a formal agenda at least 72 hours before any scheduled meeting, and every item up for discussion or a vote must appear on that agenda.6Office of the Attorney General of Texas. Open Meetings Act Handbook 2026 Residents have the right to attend and to address the court on agenda items during public comment.
The court can meet behind closed doors only for specific reasons the statute lists, such as consulting a lawyer about pending litigation, negotiating the purchase of land, discussing contract terms where openness would weaken the county’s bargaining position, evaluating a specific employee, or reviewing security plans. Before going into executive session, the presiding officer has to publicly announce which statutory section authorizes the closed meeting. No votes or final decisions happen behind closed doors; the court must return to open session for any official action.6Office of the Attorney General of Texas. Open Meetings Act Handbook 2026
Violations carry real consequences. An action taken in violation of the Act is voidable, so a court can invalidate it. Members who take part in a prohibited series of private communications to secretly deliberate county business face a misdemeanor charge punishable by a fine of $100 to $500, jail time of one to six months, or both.7State of Texas. Texas Government Code 551.143 – Prohibited Series of Communications; Offense; Penalty Members or residents can also seek a mandamus or injunction to stop or reverse a violation, and the prevailing side may be awarded attorney fees.6Office of the Attorney General of Texas. Open Meetings Act Handbook 2026
Conflicts of Interest
Local Government Code Chapter 171 defines when a commissioner or county judge has a financial conflict that disqualifies them from voting. A member has a “substantial interest” in a business if they own 10 percent or more of its voting stock, own 10 percent or more (or $15,000 or more) of its fair market value, or received more than 10 percent of their gross income from the business in the previous year. The same thresholds apply if a spouse, parent, or child holds the interest.
A member with a substantial interest in a business or real property that comes before the court must file a written affidavit disclosing the interest before any vote and then sit out the discussion and the vote. There is one exception: if a majority of the court’s members all share a substantial interest in the same matter and all file affidavits, none of them has to abstain.
Removing a Commissioner or County Judge
Commissioners and county judges are not untouchable between elections. Under Local Government Code Chapter 87, a county officer can be removed for incompetency, official misconduct, or habitual intoxication caused by alcohol.8State of Texas. Texas Local Government Code Chapter 87 – Removal of County Officers from Office; Filling of Vacancies The statute defines “incompetency” to include gross ignorance of official duties, gross carelessness in performing them, or a serious physical or mental condition that prevents the officer from functioning. “Official misconduct” means intentional, unlawful behavior connected to the officer’s duties.
Removal starts with a written petition filed in the district court of the county where the officer lives, and the officer has the right to a jury trial. A conviction for any felony, or for a misdemeanor involving official misconduct, triggers automatic removal without a separate proceeding.8State of Texas. Texas Local Government Code Chapter 87 – Removal of County Officers from Office; Filling of Vacancies Article 5, Section 24 of the Texas Constitution separately authorizes district judges to remove county officers on the same grounds.9Justia. Texas Constitution Article V, Section 24