Could a Texas commissioners court require independently elected county officials to keep specified office hours, including lunch?

Texas AG Opinion JM-182: Elected County Office Hours

Plain-English summary

JM-182 concluded that the Lampasas County Commissioners Court lacked authority to establish office hours for other independently elected county officials.

"The commissioners court of Lampasas County does not have the authority to establish office hours for other elected county officials."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

The opinion therefore rejected an enforceable order, backed by contempt, requiring those offices to remain open during specified hours such as the lunch period.

"The commissioners court lacks authority to enter an enforceable order, punishable under the court's contempt authority, which instructs independently elected county officials to maintain specified office hours."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

JM-182 distinguished independent elected officials from county employees and from counties covered by special statutes authorizing personnel rules on work hours and other conditions.

"There is, however, no general statute applicable to counties which specifies office hours or gives the commissioners court the authority to determine such hours."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Currency note

This opinion was issued in 1984. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the commissioners court require elected offices to stay open during lunch?

No. That was the specific example in the request, and the opinion found no general authority to dictate those hours.

"You have asked specifically whether the commissioners court has authority to order offices to be open during the lunch hour."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Could the county auditor dock an elected official's salary for not following the court's schedule?

The opinion relied on prior guidance that the auditor lacked authority to make such deductions when the officeholder did not keep hours ordered by the commissioners court.

"The county auditor did not have authority to deduct amounts from the salary checks for those officers not maintaining office hours 'ordered by the commissioners court.'"
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Could a commissioners court set a justice of the peace's pay by the hours actually worked?

The cited prior opinion said no, because the required compensation structure did not include hourly pay and the court could not use compensation to establish the office's hours.

"The commissioners court did not have the authority to establish the office hours for the office of justice of the peace by the means of compensating him on an hourly basis."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Why did the court lack this power?

JM-182 applied the rule that a commissioners court had only authority granted expressly or by necessary implication and could not interfere with the duties of independent county officials.

"The commissioners court does not have the authority to interfere with or usurp the duties and performance of independent county officials and employees."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Were county employee schedules treated the same way?

Not necessarily. The opinion identified special statutes for larger counties that authorized rules on work hours, leave, working conditions, and related employee matters.

"Counties over 200,000 population may establish a civil service commission which has the authority, among other things, to adopt rules relating to the 'rights, benefits, and working conditions' of county employees which we believe may include the authority to adopt office hours."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Did any statewide law prescribe ordinary county office hours?

No general law did so at the time of the opinion.

"There is no general state law which dictates office hours or the work week to be observed by county officials and employees."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Background and statutory framework

The request concerned the commissioners court's power to dictate office hours observed by other elected county officials.

"You have requested our opinion regarding the authority of the commissioners court to dictate the office hours to be observed by other elected county officials."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

The opinion discussed earlier AG conclusions that a commissioners court could not impose a six-day, 48-hour work week across all county offices and that an elected constitutional officer could close on Saturdays without the court's consent.

"A constitutional county official could close his office on Saturdays without the consent and approval of the commissioners court."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

It also noted election-law and other narrow statutes that prescribed hours for particular offices or employees, reinforcing that the legislature knew how to enact specific scheduling rules.

"Other statutes of narrow applicability concern the hours of work for persons employed by a county."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Citations and references

• Article XVI, section 10 supplied legislative authority for pay deductions when public officials neglected official duties, but JM-182 found no implementing law allowing the commissioners court to dock pay for noncompliance with its chosen office hours.

"There is no enabling legislation under this provision of the constitution which allows a commissioners court to reduce the pay of county officials who do not observe specified office hours."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

• The special populous-county statutes supplied employee work-hour authority that did not establish a general rule for Lampasas County elected officials.

"A second statute gives commissioners courts of counties over 500,000 population the authority to adopt and enforce reasonable regulations ... governing the hours of work."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0182
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1984/jm0182.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.

The Attorney General of Texas

JIM MATTOX
July 26, 1984
Attorney Gerikral

  Supreme Court Building         Honorable Larry W. ~illison           Opinion No. JM-182

P. 0. Box 12546
Lampasas County Atwmey
Aus!in. TX. 76711.2546 P. 0. Box 95 Ret Whether a commissioners
512/47&2501 Lampasas, Texas ?li550 court is authorized to estab-
Telex 9101674-1387
Telecopier 512/475-0266 lish working hours for elected county officials

714 Jackson, Suite 700 Dear Mr. Allison:
Dallas, TX. 75202-4506
214/742-6944
You have requtsted our opinion regarding the authority of the commissioners court to dictate the office hours to be observed by 4624 Alberta Ave., Suite 160 other elected county officials. You have asked specifically whether El Paso, TX. 799052793 the commissioners I:ourt has authority to order offices to be open
Q15/533-3464
during the lunch hollr. It is our opinion that the commissioners court
lacks authority tc' enter an enforceable order, punishable under the rc-
.Wl Texas, Suite 700 court's contempt authority, which instructs independently elected Houston. TX. 77002-3111 county officials to maintain specified office hours.

Attorney Gene::al Opinion O-6679 (1945) determined that the commissioners court, being of limited jurisdiction, lacked authority 606 Broadway, Suite 312
Lubbock, TX: 79401-3479 to adopt a 6-day! 48-hour work week for all county offices. It
6061747-5236
further concluded that the county auditor did not have authority to
deduct amounts fcm the salary checks for those officers not maintaining office hours "ordered by the commissioners court." See 4309 N. Tenth. Suite S generally Tex. Const. art. XVI, 910 (authority of legislature= McAllen, TX. i6501-1665
512/662-4547 provide for deduct,lonsin pay for public officials neglecting official duties). There is no enabling legislation under this provision of the constitution which allows a commissioners court to reduce the pay of 200 Main Plaza, Suite 400 county officials who do not observe specified office hours. Cf.
San Antonio, TX. 76205-2797
Miller v. James, 366 S.W.2d 118 (Tex. Civ. App. - Austin. 1963,x 512/2254191
writ) (court may not provide deductions in pay in absence of enabling legislation); but cf., &torney General Opinion MW-438 (1982) An Equal Opportunityl (authority of commissioners court to control conditions of employment Alflrmative Action Employer for county employeet:1).

Attorney Ger.fral opinion C-350 (1964) concluded that a constitutional cocrty official could close his office on Saturdays without the consent and approval of the commissioners court. The opinion relived on Attorney General Opinion O-6679 (1945) and the fundamental propoxtion that a commissioners court has only that authority which is conferred upon it either explicitly or by Honorable Larry W. Allison - Page 2 (JM-182)

Implication by the state constitution and statutes. Canales v. Laughlin, 214 S.W.2d 451 (Ter. 1948).

Attorney General Opinicn M-1197 (1972) held that a commissioners court did not have the autt,crityto compensate a justice of the peace on an hourly ba,sis for tt,cse hours actually worked for the reason that, in 1972, a justica! of the peace was required under the constitution to be compensated on either a fee basis or a salary basis and that an hourly rate of compensation was neither. See Tex. Const. art. XVI, $61. The opiniclr. further reasoned that th~ommissioners court did not have the authority to establish the office hours for the office of justice of the pc!s:ceby the means of compensating him on an hourly basis. The commisslcners court does not have the authority to interfere with or usurp the duties and performance of independent county officials and employees. Pritchard and Abbott v. HcKenna, 350 S.W.2d 333 (Tex. 1961) I:c:ontractwith private firm to appraise property in county).

There is no general state law which dictates office hours or the work week to be observed by county officials and employees. In counties over 500,000 population the commissioners court, pursuant to special statute, has explicit authority to adopt
rules and regulatlnrs governing the hours of work, vacations, holidir:s, sick leave, medical care, hospitalisation, compensation and accident insurance, and inductions for absences . . . .
(Emphasis added).

V.T.C.S. art. 237211, 01. Counties over 200,000 population may establish a civil service commission which has the authority, among other things, to adopt rules relating to the "rights, benefits, and working conditions" of count:yemployees which we believe may include the authority to adopt offix hours. V.T.C.S. art. 2372h-6. 68(s)(7); see also V.T.C.S. art. 237,!h-8 (sheriff's department civil service system in counties of more t'ran950,000 population). A second statute gives commissioners courts of counties over 500,000 population the authority to adopt and enfor:e
reasonable regulations applying to all such deputies, assistants. employees or department heads governing the hours of work, vacations, and sick leaves, in the interest of obtaining uniform restrictions, ~:~nrditions, and regulations governing all such deputies, assistants, employees or department heads in the manner now provided by law.

V.T.C.S. art. 3912e-4a, 14.
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--
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• Honorable I.arryW. All~ison-.Page 3 (JM-182)

other statutes of narrow applicability concern the hours of work for persons employed by a county. See, e.g., V.T.C.S. arts. 6871, 5165.1, 5167a. See also Elt:c.Code art. 5.09c; Elec. Code art. 5.24a, subdivision 10 (office of tcunty elections administrator required to remain open on election day). There is, however, no general statute applicable to counties which specifies office hours or gives the commissioners court the autt.crityto determine such hours. See, e.g., V.T.C.S. art. 5165a (full-l::lme state employees required to work 40 hours per week; normal sta':tzoffice hours set at 8:00 a.m. to 5:00 p.m., Monday through Friday); V.T.C.S. art. 6871; see also V.T.C.S. art. 5167a (peace officers ir counties over 500,000 population may not be required to work more than the normal county work week). We conclude therefore that the commissioners court of Lampasss County has no authority to establish office hours for other elected county officials.

SUMMARY

The commissioners court of Lampasas County does not have the authority to establish office hours for other elected county officials.

JIM MATTOX
Attorney General of Texas

TOM GREEN
First Assistant Attorney General

DAVID R. RICHARDS
Executive Assistant Attorney General

Prepared by David Brooks
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton

p. 802