stating that article V, section 18 of the Texas Constitution permits a commissioners court to exercise broad discretion to conduct county business, although "the legal basis for any action taken must be grounded ultimately in the constitution or statutes"
How later courts described this case
- stating that article V, section 18 of the Texas Constitution permits a commissioners court to exercise broad discretion to conduct county business, although "the legal basis for any action taken must be grounded ultimately in the constitution or statutes"
- determining that commissioners court could establish a civil legal department because the county attorney does not have exclusive duty to represent the county in civil matters
- stating that a county with authority to hire legal counsel could set terms of a contract with outside counsel in the exercise of its implied authority
- stating that district attorneys have no legal duty "to represent the county in its general legal business or the conduct of ordinary civil actions"
Written by the judges who cited it.
The opinion
ON MOTION FOR REHEARING
Rehearing Overruled.