We (Bexar County) are interested in determining if other counties submit private contracts executed by the local Community Supervision and Corrections Departments (Adult Probation) to the Commissioners Court for approval. We are of the view that if there is no county funding there is no need for Commissioners Court approval. We are seeking to obtain a definitive position on this issue from the Texas Department of Criminal Justice.

We have a three county district. I looked at this issue several years ago, and it was / is my opinion that - absent the direct invovlement of county funds - the contract does not go through Commissioners Court. The District Judge appoints the head of the office without (required) input from the counties. The funding is largely from the state; what little comes from us is not for a specific purpose but simply goes into the "pot" or is an in-kind contribution, such as office space.

Unless the contract is either one which directly impacts a county asset, such as remodeling a courthouse office, or one for which the CSCD is requesting a specific influx of money from the Commissioners, I don't think that they have to go to the Court.

Lisa L. Peterson
Nolan County Attorney

See if LGC 140.003(b) helps any.