CHAPTER 292. AUXILIARY COUNTY BUILDINGS
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE B. COUNTY PUBLIC BUILDINGS
CHAPTER 292. AUXILIARY COUNTY BUILDINGS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 292.001. AUTHORITY FOR BUILDINGS OTHER THAN COURTHOUSE;
LEASE TO OTHER PERSONS; LOCATION OF JUSTICE OF PEACE COURT. (a)
The commissioners court of a county may purchase, construct, or
provide by other means, including a lease or a lease with an
option to purchase, or may reconstruct, improve, or equip a
building or rooms, other than the courthouse, for the housing of
county or district offices, county or district courts, justice of
the peace courts, county records or equipment (including voting
machines), or county jail facilities, or for the conducting of
other public business, if the commissioners court determines that
the additional building or rooms are necessary. The commissioners
court may purchase and improve the necessary site for the
building or rooms.
(b) The building or rooms must be located in the county seat.
However, if the building or rooms are for housing county jail
facilities, the building or rooms may be located anywhere in the
county at the discretion of the commissioners court.
(c) The commissioners court may lease or rent to any person any
part of the building or rooms that are not necessary for the
purposes described by Subsection (a).
(d) A justice of the peace court may not be housed or conducted
in a building located outside the court's precinct except as
provided by Section 27.051(f), Government Code, or unless the
justice of the peace court is situated in the county courthouse
in a county with a population of at least 242,000 persons but no
more than 248,000 persons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 64(b), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1223, Sec. 2, eff. June 16, 1989;
Acts 1989, 71st Leg., 1st C.S., ch. 31, Sec. 1, eff. Oct. 18,
1989; Acts 1993, 73rd Leg., ch. 825, Sec. 1, eff. Sept. 1, 1993;
Acts 2001, 77th Leg., ch. 669, Sec. 84, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1409, Sec. 6, eff. Sept. 1, 2001.
Sec. 292.002. FACILITIES OUTSIDE COUNTY SEAT. (a) The
commissioners court of a county may provide an office building or
a jail facility at a location in the county outside the county
seat in the same manner that is applicable to such a building or
facility at the county seat. The commissioners court may provide
for the building or facility through the issuance of bonds as
provided by Subtitles A, C, and D, Title 9, Government Code, or
through the issuance of other evidences of indebtedness in the
same manner as bonds or evidences of indebtedness applicable to a
courthouse or jail at the county seat. The commissioners court
may provide office space in the building or facility for any
county or precinct office except a court required by law to sit
at the county seat. However, a county officer who is provided
space in the building or facility shall maintain an office at the
county seat and shall keep the original records of office at that
office.
(b) The commissioners court may authorize places located in the
county but outside the municipality designated as the county seat
as auxiliary courts for the holding of court proceedings and may
designate those places as auxiliary county seats for this
purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 419, Sec. 1, eff. May 28,
1997; Acts 2001, 77th Leg., ch. 1420, Sec. 8.304, eff. Sept. 1,
2001.
Sec. 292.0025. FACILITIES OUTSIDE COUNTY SEAT IN CERTAIN
COUNTIES. (a) This section applies only to a county that has a
population of 18,000 or less.
(b) The commissioners court of a county may provide an auxiliary
court, office building, or jail facility at a location in the
county and within five miles of the boundaries of the county seat
in the same manner that is applicable to a court, building, or
facility at the county seat. The commissioners court may provide
for the building or facility through the issuance of bonds or
other evidences of indebtedness as provided under Section 292.002
and may provide office space in the building or facility for any
county or precinct office.
(c) The auxiliary court may be used for the holding of court
proceedings, including district court proceedings. For the
purpose of the court proceedings, the commissioners court may
designate the location of the auxiliary court as an auxiliary
county seat.
(d) The records of a county officer who is provided space at a
court, building, or facility under this section and the records
of the auxiliary court may be kept at the court, building, or
facility.
Added by Acts 2003, 78th Leg., ch. 169, Sec. 1, eff. May 27,
2003.
Sec. 292.003. FACILITIES IN CERTAIN MUNICIPALITIES OUTSIDE
COUNTY SEAT. (a) The commissioners court of a county may
provide, maintain, and repair a branch office building or a
branch jail in a municipality with a population of 15,000 or
more, other than the county seat, in the same manner as the court
may take those actions at the county seat. The commissioners
court may finance those actions through the issuance of bonds as
provided by Subtitles A, C, and D, Title 9, Government Code, or
through the issuance of evidences of indebtedness in the same
manner as evidences of indebtedness applicable to a courthouse or
jail at the county seat. Taxes may be levied for the bonds or
evidences of indebtedness in the same manner and subject to the
same limitations applicable to a courthouse or jail at the county
seat. The cost of the facility may not exceed two percent of the
taxable value of the property in the county in the previous year.
The commissioners court has custody of and shall care for the
facility.
(b) On provision of a facility under this section, the
commissioners court may allow a county officer, except the
district clerk, a county or district judge, the county clerk, and
the county treasurer, to maintain a branch office and provide
deputies in the municipality where the facility is located, in
the manner authorized by Sections 292.024, 292.026, and 292.028.
The commissioners court may limit the authorization and
maintenance of branch offices.
(c) A county officer shall keep the original records of office
at the county seat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 64(c), eff. Aug. 28,
1989; Acts 2001, 77th Leg., ch. 1420, Sec. 8.305, eff. Sept. 1,
2001.
Sec. 292.004. FACILITIES WITHIN MUNICIPALITY DESIGNATED AS
COUNTY SEAT. (a) The commissioners court of a county may
provide, inside the municipality designated as the county seat,
an auxiliary courthouse, a jail, a parking garage, a facility for
district, county, and precinct administrative and judicial
offices and courtrooms, or any facility related to the
administration of civil or criminal justice. For the purposes of
this section, the municipality designated as the county seat
includes territory added to the municipality after it became the
county seat but excludes any part of the municipality outside the
county.
(b) The commissioners court may:
(1) acquire a necessary site;
(2) purchase, construct, equip, or enlarge the facility; and
(3) repair and maintain the facility.
(c) If the commissioners court designates the facility as an
auxiliary courthouse, the facility may not replace the courthouse
at the county seat.
(d) A court required by law to hold its terms at the county seat
may hold its terms at a court facility provided under this
section.
(e) A district, county, or precinct officer required by law to
maintain an office at the county seat may maintain an office and
keep official records at a facility provided under this section.
The officer must also keep an office at the county seat.
(f) This section does not limit the authority of the
commissioners court under any other law relating to the providing
of county facilities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 601, Sec. 2, eff. June 14,
1989.
Sec. 292.005. ISSUANCE OF BOAT AND OUTBOARD MOTOR CERTIFICATES
AT BRANCH OFFICES. Each office of the tax assessor-collector
away from the courthouse that maintains a permanent, full-time
employee shall accept applications for and issue boat
certificates of number, boat certificates of title, and outboard
motor certificates of title, as provided for by Subchapters B and
B-1, Chapter 31, Parks and Wildlife Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 292.006. BRANCH OFFICE OF COUNTY CLERK. (a) On the
request of the county clerk, the commissioners court of a county
may provide by any means, operate, and maintain one or more
branch offices at any place in the county for the county clerk.
(b) If a branch office is provided under this section in a
building owned by the county, the commissioners court shall
operate and maintain the building in the same manner that it
operates and maintains the county courthouse. The commissioners
court shall have care and custody of the building and may place
any limitations on the use and maintenance of the building it
finds necessary.
(c) The county clerk may authorize one or more of the clerk's
deputies to work in the branch office to conduct any business as
determined by the county clerk and in accordance with Subsection
(d).
(d) If the recording of instruments or documents in the county's
official records is permitted at a branch office by the county
clerk, the recording must be by electronic means and the
electronically recorded instruments or documents must be
available without delay to members of the public in the county
clerk's office at the county seat. For purposes of this
subsection, an instrument or document is available if it is
capable of being:
(1) electronically examined by a member of the public in the
county clerk's office at the county seat; and
(2) placed into a format and medium that a member of the public
can electronically process using technology that is generally
available and nonproprietary.
(e) On a daily basis, as directed by the county clerk, a deputy
at a branch office shall file all original records made at that
office during the previous day with the county clerk's office at
the county seat not later than the start of the next business
day.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 65(a), eff. Aug. 28,
1989. Amended by Acts 1999, 76th Leg., ch. 121, Sec. 1, eff. Aug.
30, 1999.
SUBCHAPTER B. AUXILIARY FACILITIES IN CERTAIN COUNTIES
Sec. 292.021. FACILITIES IN CERTAIN COUNTIES WITH POPULATIONS OF
90,001 TO 225,000. (a) This section applies only to a county
that has:
(1) a population of 90,001 to 225,000;
(2) an assessed valuation on property for property tax purposes
of more than $125 million;
(3) four or more municipalities; and
(4) a municipality with a population of more than 50,000.
(b) If the commissioners court of a county determines that the
courthouse is inadequate to properly house all county offices,
that the jail is inadequate to properly confine prisoners, or
that an agricultural building is necessary, the commissioners
court may purchase, construct, or acquire in another manner a
building and, when necessary, a site for the building to satisfy
the determined need at any location in the county. The building
may contain an auditorium, which may be used by the commissioners
court or a county office or officer for any proper county or
public purpose. The building or site must be paid for from the
permanent improvement fund.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 292.022. FACILITIES IN CERTAIN COUNTIES WITH POPULATIONS
OVER 110,000. (a) This section applies only to a county with a
population of more than 110,000.
(b) The commissioners court of a county may acquire land for a
branch county office building, may purchase, construct, repair,
equip, or improve the building, and may acquire the building
through a lease or lease with an option to purchase, at a
location in a municipality that:
(1) has a population of 10,000 or more;
(2) is not the county seat; and
(3) is not contiguous to the county seat.
(c) The commissioners court may issue bonds or certificates of
indebtedness and may levy and collect taxes to implement this
section. Bonds and certificates of indebtedness issued under this
section are negotiable instruments and may be paid from the
permanent improvement fund of the county.
(d) Bonds and certificates of indebtedness issued under this
section must:
(1) be authorized by order of the commissioners court;
(2) be signed by the county judge, attested by the county clerk,
and registered by the county treasurer;
(3) mature in 40 years or less;
(4) bear interest at a rate not to exceed the interest rate
prescribed by Chapter 1204, Government Code; and
(5) have attached coupons evidencing the interest.
(e) Bonds under this section must be issued in compliance with
Subtitles A and C, Title 9, Government Code.
(f) The commissioners court shall submit bonds and certificates
issued under this section and records relating to their issuance
to the attorney general. If the attorney general approves the
bonds or certificates as issued in accordance with state law, the
comptroller of public accounts shall register them. On approval,
registration, and delivery to the purchaser, the bonds or
certificates are incontestable.
(g) This section does not permit the establishment of a branch
office away from the county seat if this establishment is
forbidden by other law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1409, Sec. 7, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1420, Sec. 8.306, eff. Sept. 1,
2001.
Sec. 292.023. FACILITIES IN CERTAIN COUNTIES. (a) This section
applies only to a county with a population of:
(1) 35,500 to 36,000; or
(2) 76,500 to 77,000.
(b) The commissioners court of a county may provide for,
operate, and maintain a branch courthouse outside the county
seat. The commissioners court may provide for the branch
courthouse by constructing a building or by purchasing, renting,
or leasing office space. The expense of operating and maintaining
the branch courthouse must be paid from county funds used to
operate and maintain other county buildings.
(c) If the branch courthouse is in a county-owned building, the
commissioners court has care and custody of the building. The
commissioners court:
(1) shall operate and maintain the building as it operates and
maintains the county courthouse; and
(2) may limit the use and maintenance of the building as it
finds necessary.
(d) On approval of the commissioners court, an office, a
department, a facility, a court, or other agency of the county
may maintain a branch office in the branch courthouse.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 96, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 85, 86, eff. Sept. 1,
2001.
Sec. 292.0231. FACILITIES IN COUNTIES WITH POPULATIONS UNDER
30,000. (a) This section applies only to a county with a
population of less than 30,000.
(b) The commissioners court of a county may provide for,
operate, and maintain a branch courthouse outside the county
seat. The commissioners court may provide for a branch courthouse
by constructing a building or by purchasing, renting, or leasing
office space. The expense of operating and maintaining the branch
courthouse must be paid from county funds used to operate and
maintain other county buildings.
(c) If the branch courthouse is in a county-owned building, the
commissioners court:
(1) has care and custody of the building;
(2) may operate and maintain the building as it operates and
maintains the county courthouse; and
(3) may limit the use and maintenance of the building as it
finds necessary.
(d) On approval of the commissioners court, an office, a
department, a facility, a court, or another agency of the county
or of a judicial district may:
(1) maintain a branch office in the branch courthouse; and
(2) conduct any function at the branch courthouse that the
entity is authorized to conduct at the courthouse located inside
the county seat.
Added by Acts 1995, 74th Leg., ch. 15, Sec. 1, eff. Aug. 28,
1995.
Sec. 292.024. TAX ASSESSOR-COLLECTOR FACILITIES IN COUNTIES WITH
LARGE MUNICIPALITIES. The commissioners court of a county may by
order authorize the tax assessor-collector to maintain a branch
office in a municipality with a population of 5,000 or more,
other than the county seat, and to appoint a deputy
assessor-collector for the branch office. The salary of a deputy
assessor-collector and the expenses of the branch office are
necessary expenses of the tax assessor-collector and shall be
paid as the expenses of the tax assessor-collector are paid.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(r), eff. Aug. 28,
1989.
Sec. 292.025. FACILITIES IN CERTAIN COUNTIES. (a) This section
applies only to a county with a population of 32,250 to 32,350.
(b) The commissioners court of a county may construct, operate,
and maintain a branch office building or a branch jail in a
municipality other than the county seat in the same manner as the
court may take those actions at the county seat. The
commissioners court may finance those actions through the
issuance of bonds as provided by Subtitles A, C, and D, Title 9,
Government Code, or through the issuance of evidences of
indebtedness in the same manner as evidences of indebtedness
applicable to a courthouse or jail at the county seat. Taxes may
be levied for the bonds or evidences of indebtedness in the same
manner and subject to the same limitations applicable to a
courthouse or jail at the county seat. The commissioners court
has custody of and shall care for the building.
(c) The commissioners court may allow the tax assessor-collector
to maintain a branch office in the building. The commissioners
court may allow the maintenance of a jail and justice court in
the building. The commissioners court may limit the authorization
and maintenance of facilities under this subsection as it
considers proper. The expenses incidental to maintaining these
facilities are expenses of the county.
(d) A county officer shall keep the original records of office
at the county seat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 64(d), eff. Aug. 28,
1989; Acts 1991, 72nd Leg., ch. 597, Sec. 97, eff. Sept. 1, 1991;
Acts 2001, 77th Leg., ch. 669, Sec. 87, 88, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1420, Sec. 8.307, eff. Sept. 1, 2001.
Sec. 292.026. TAX ASSESSOR-COLLECTOR FACILITIES IN CERTAIN
COUNTIES WITH POPULATIONS OVER 70,000. (a) This section applies
only to a county with a population of more than 70,000.
(b) The commissioners court of a county may allow the tax
assessor-collector to maintain a branch office in a municipality
with a population of more than 1,000, other than the county seat.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 292.027. TAX ASSESSOR-COLLECTOR FACILITIES IN CERTAIN
COUNTIES. (a) This section applies only to a county with a
population of 54,000 to 57,000.
(b) The commissioners court of a county may provide for,
operate, and maintain a branch office for the tax
assessor-collector. The commissioners court may provide for the
branch office by constructing a building or by purchasing,
renting, or leasing office space.
(c) If the branch office is in a county-owned building, the
commissioners court has custody of and shall care for the
building. The commissioners court:
(1) shall operate and maintain the building as it operates and
maintains the county courthouse; and
(2) may limit the use and maintenance of the building as it
finds necessary.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 98, eff. Sept. 1,
1991; Acts 2001, 77th Leg., ch. 669, Sec. 89, 90, eff. Sept. 1,
2001.
Sec. 292.028. MAINTENANCE OF CERTAIN TAX OFFICES. (a) The
commissioners court of a county that establishes a branch office
under Section 292.025, 292.026, or 292.027 may appoint a deputy
assessor-collector for that office.
(b) The deputy assessor-collector may collect taxes from persons
wishing to pay at the branch office and may issue a valid receipt
for those taxes. The deputy assessor-collector is subject to the
law relating to deputy tax collectors.
(c) The deputy assessor-collector shall enter into a bond
payable to the county judge and conditioned that the deputy will
faithfully perform the duties of the position. The terms of the
bond must be in accordance with the requirements of the tax
assessor-collector and commissioners court.
(d) The commissioners court shall fix the period of service of
the deputy assessor-collector and the period that a branch office
may be maintained. The salary of the deputy assessor-collector
and the expenses of the branch office are necessary expenses of
the tax assessor-collector and shall be paid as the expenses of
the tax assessor-collector are paid.
(e) This section does not limit the liability of the bonds of
the tax assessor-collector or the deputy assessor-collector. The
tax assessor-collector is liable on the assessor-collector's bond
for the taxes collected by the deputy assessor-collector.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 292.029. COURT FACILITIES IN POPULOUS COUNTIES. (a) This
section applies only to a county with a population of 2.2 million
or more.
(b) The commissioners court of a county may designate a specific
geographical location in the county other than the county
courthouse as an auxiliary county seat for the holding of nonjury
court proceedings.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 669, Sec. 91, 92, eff. Sept.
1, 2001.
Sec. 292.030. FACILITIES IN UNINCORPORATED AREA OF COUNTY. (a)
The commissioners court of a county may purchase, construct,
reconstruct, improve, equip, or provide for by other means,
including by lease or lease with an option to purchase, a branch
office in the unincorporated area of the county.
(b) Any county officer may maintain an office and the county may
provide any county service at the branch office authorized by
this section. The maintenance of an office or the provision of a
service at the branch office must be in addition to an office
maintained or service provided at any other location required by
law.
Added by Acts 2005, 79th Leg., Ch.
502, Sec. 1, eff. June 17, 2005.
Added by Acts 2005, 79th Leg., Ch.
1094, Sec. 30, eff. September 1, 2005.