FAQs
What are the duties of all Texas county officials?
Neighbors Serving Neighbors
It’s a good system that leaves your neighbors in charge of the decisions that determine how much you pay in taxes to support your roads, your court system, your local criminal law enforcement and your public records, including the records establishing property ownership and those documenting you and your family's most important milestones - including births, marriages and deaths.
Public Transparency
County officials live in a fishbowl. County financial records are available for public inspection and county commissioners court meetings are open to the public. County officials expect to respond to your opinions, ideas and questions about local government, whether it's during office hours or when you run into them at church, the grocery story or the local football game. People talk a lot about transparency; county officials live it.
County government is not only government by the people and government for the people, it is government among the people.
Accountable to Voters
In Texas, county government delivers services through a variety of elected officials rather than through one central authority. The Texas Constitution provides a checks and balances system in which none of the county’s elected officials is controlled by any other elected official; they answer only to the voters.
Texas County Officials’ Duties
Learn about the required duties of each county office.
What is a County Judge?
Depending on the size of the county, the county judge has a wide range of judicial and administrative duties and is the presiding officer of the commissioners court.
What Does a County Judge Do in Texas?
- Presiding officer of the commissioners court.
- Represents the county in many administrative functions.
- Serves as budget officer in counties with fewer than 225,000 residents.
- Most have broad judicial duties, such as presiding over misdemeanor criminal and small civil cases, probate matters and appeals from the Justice of the Peace Court.
- Serves as head of emergency management.
For more complete information about the responsibilities of a county judge and other county officials see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
County Judge Requirements
New judges must obtain 30 credit hours in their first 12 months and 1.33 hours (16 hours/12 months) for each month afterward until the end of the current reporting period.
See the full continuing education requirements and moreCounty Judge Qualifications1
The County Judge must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: Government Code, Section 74.025 (effective Sept. 1, 1987)
1Vernon’s Ann. Texas Const. Art. 5, §15; V.T.C.A., Election Code §141.001
What is a County Commissioner?
The county commissioner is responsible for roads and bridges within their precinct and makes policy-making budget decisions. Four commissioners, elected from a quarter of the county's population, serve along with the county judge on the commissioner’s court.
What does a County Commissioner Do in Texas?
A county commissioner in Texas has the following duties:
- As member of the commissioners court, exercises broad policy-making authority.
- Represents one of four precincts within the county.
- Typically responsible for building and maintaining county roads and bridges within the precinct.
Commissioners Court
The commissioners court conducts the general business of the county and consists of the county judge and four commissioners.
The commissioners court has the following duties:
- Adopts the county’s budget and tax rate.
- Approves all budgeted purchases of the county.
- Fills vacancies in elective and appointive offices.
- Sets all salaries and benefits.
- Has exclusive authority to authorize contracts.
- Provides and maintains all county buildings and facilities.
For more complete information about the responsibilties of a county commissioner and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
County Commissioner Requirements
Commissioners are required to attain 16 hours every 12-month period and may carry forward up to eight hours. Some exceptions apply.
See the full continuing education requirements and moreCounty Commissioner Qualifications2
A County Commissioner must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the precinct for at least six consecutive months.
- Registered to vote in the commissioners precinct.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal Source: Local Government Code Sec. 81.0025, Section (e).
2Vernon’s Ann. Texas Const. Art. 5, §18; V.T.C.A., Election Code §141.001
What is a County Attorney?
The county attorney represents the state in the justice of the peace and county courts, defends suits in which the county is interested, and serves as legal advisor to county and precinct officials. If the county has no district attorney, the county attorney also represents the state in district courts.
What Does a County Attorney Do in Texas?
A county attorney in Texas has the following duties:
- Represents the state in prosecuting misdemeanor criminal cases.
- Works with law enforcement officers in the investigation of criminal cases.
- Provides legal advice to the Commissioners Court and to other elected officials.
- Brings civil enforcement actions on behalf of the state or county.
For more complete information about the responsibilities of a county attorney and other county officials, see the "Guide to Texas Laws for County Officials."
Note: Some counties do not have both a county attorney and a district attorney. These counties have either a criminal district attorney or a combination county and district attorney. In these counties, one office performs the functions of both the county attorney and the district attorney.
County Attorney Requirements
Attorneys are required to attain 15 hours every 12-month period, with that 12-month period being based on your birth month, 10 hours must be earned in a formal classroom setting and up to five hours may be earned in self-study. Three hours must be devoted to legal ethics/professional responsibility and one of the three hours may be earned in self-study.
See the full continuing education requirements and moreCounty Attorney Qualifications3
The County Attorney must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Practicing lawyer or judge.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: V.T.C.A., Tex. Gov’t. Code, Title 2, Subt. G, App. A, State Bar of Texas Rules, Art. 12, Sec. 6
3Vernon’s Ann. Texas Const. Art. 5, §21; V.T.C.A., Election Code §141.001; Government Code §41.001
What is a District Attorney?
The district attorney analyzes and gathers evidence to determine if there are grounds for criminal prosecution of cases within their districts and presents cases at trial.
What Does a District Attorney Do in Texas?
A district attorney in Texas has the following duties:
- Represents the state in prosecuting felony criminal cases.
- Works with law enforcement officers in the investigation of criminal cases.
- Presents cases to the grand jury.
- Represents victims of violence in protective orders and represents the state in removing children from abusive households.
For more complete information about the responsibilities of a district attorney and other county officials, see the "Guide to Texas Laws for County Officials."
Note: Some counties do not have both a County Attorney and a District Attorney. These counties have either a Criminal District Attorney or a combination County and District Attorney. In these counties, one office performs the functions of both the County Attorney and the District Attorney.
District Attorney Requirements
Attorneys are required to attain 15 hours every 12-month period, with that 12-month period being based on your birth month, 10 hours must be earned in a formal classroom setting and up to five hours may be earned in self-study. Three hours must be devoted to legal ethics/professional responsibility and one of the three hours may be earned in self-study.
See the full continuing education requirements and more
See the full continuing education requirements and moreDistrict Attorney Qualifications4
The District Attorney must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 months.
- Resident of the district for at least six months.
- Registered to vote in the district.
- At least 18 years of age.
- Practicing lawyer or judge.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: V.T.C.A., Tex. Gov’t. Code, Title 2, Subt. G, App. A, State Bar of Texas Rules, Art. 12, Sec. 6
4Vernon’s Ann. Texas Const. Art. 5, §21; V.T.C.A., Election Code §141.001; Government Code §41.001
What is a County Clerk?
The main duties of the county clerk are to serve as clerk of the county court and the county commissioners court, act as recorder of deeds and other instruments, issue marriage licenses and take depositions. The clerk is also responsible for conducting countywide special and general elections and for handling absentee voting.
What Does a County Clerk Do in Texas?
- Serves as clerk and custodian of records for the commissioners court, constitutional county court and statutory county courts.
- Acts as a recorder and custodian of important public records, including all bonds, deeds, birth and death certificates, assumed names and livestock brands, ensuring that records are maintained in a secure, archival manner.
- Issues marriage licenses.
- Serves as chief elections officer in most counties.
For more complete information about the responsibilities of a county clerk and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties. In Texas Counties with a population of fewer than 8,000 (unless there has been a special election) the county clerk also serves as the district clerk and assumes all constitutional and statutory duties of both positions.
County Clerk Requirements
County clerks are required to attain 20 hours of continuing education during each calendar year that begins after election or appointment.
See the full continuing education requirements and moreCounty Clerk Qualifications5
The County Clerk must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: Government Code, Section 51.605
5Vernon’s Ann. Texas Const. Art. 5, §20; V.T.C.A., Election Code §141.001
What is a District Clerk?
The district clerk performs the duties assigned by the Texas Constitution as registrar, recorder and custodian of all court pleadings, instruments and papers that are part of any legal cause of action in the district courts.
What Does a District Clerk Do in Texas?
- Serves as clerk and custodian of all records for the District Courts.
- Indexes and secures all court records, collects filing fees, and handles funds held in litigation and money awarded to minors.
- Coordinates the jury panel selection process.
- May process passport applications.
- Manages court registry funds.
For more complete information about the responsibilities of a district clerk and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties. In Texas Counties with a population of fewer than 8,000 (unless there has been a special election) the county clerk also serves as the district clerk and assumes all constitutional and statutory duties of both positions.
District Clerk Requirements
District clerks are required to attain 20 hours of continuing education during each calendar year that begins after election or appointment.
See the full continuing education requirements and moreDistrict Clerk Qualifications6
The District Clerk must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: Government Code, Section 51.605
6Vernon’s Ann. Texas Const. Art. 5, §9; V.T.C.A., Election Code §141.001
What is a County Treasurer?
The county treasurer is the chief custodian of county finance and is charged with the safekeeping and investing of county funds. This includes the maintenance and reconciliation of all checking accounts under the care of the county treasurer and the disbursement of funds.
What Does a County Treasurer Do in Texas?
A county treasurer in Texas has the following duties:
- Receives and deposits all county revenues.
- Acts as chief liaison between the county and depository banks.
- Disburses funds upon the order of the Commissioners Court.
- Records receipts and expenditures and reconciles bank statements.
- May prepare the payroll.
- May be designated as the county's investment officer and required to submit regular reports on county finance to the members of the Commissioners Court.
- May also act as the county’s human resources officer, employee benefits coordinator, risk manager and insurance coordinator.
- May have some audit responsibilities in counties with no Auditor.
For more complete information about the responsibilities of a county treasurer and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
County Treasurer Requirements
County Treasurers are required to attain 20 hours of continuing education during each calendar year that begins after election or appointment.
See the full continuing education requirements and moreCounty Treasurer Qualifications7
The County Treasurer must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal Source: Local Government Code, Sec. 83.003.
7Vernon's Ann. Texas Const. Art. 16, §44; V.T.C.A., Election Code §141.001
What is a Sheriff?
The sheriff acts as a conservator of the peace and the executive officer of the county and district courts, serve writs and processes of the courts, seizes property after judgment, enforce traffic laws on county roads and supervises the county jail and prisoners. In counties of fewer than 10,000 residents, they may also serve as ex officio tax assessor and collector.
What Does a Sheriff Do in Texas?
A sheriff in Texas has the following duties:
- Serves as a licensed peace officer and is responsible for enforcing the criminal laws of the state.
- Manages and operates the county jail.
- Provides security for the courts.
- Serves warrants and civil papers.
- Regulates bail bondsmen in counties with no bail bond board.
For more complete information about the responsibilities of a county sheriff and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
Sheriff Requirements
Sheriffs are required to attain 40 hours of continuing education every two years.
See the full continuing education requirements and moreCounty Sheriff Qualifications8
The County Sheriff must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: Local Government Code, Section 85.0025
8Vernon's Ann. Texas Const. Art. 5, §23; V.T.C.A., Election Code §141.001; Local Government Code §85.0011
What is a Tax Assessor-Collector?
The tax assessor-collector calculates property tax rates for the county, collects taxes for the county (and sometimes for additional local taxing entities) and collects various other fees for the state and county.
What Does a Tax Assessor-Collector Do in Texas?
A tax assessor-collector in Texas has the following duties:
- Calculates property tax rates for the county.
- Collects property taxes for the county.
- May collect taxes for cities, schools and other local taxing entities.
- Processes motor vehicle title transfers.
- Issues motor vehicle registration and licenses.
- May process boat titles and registrations.
- Registers voters and may conduct elections.
- Collects various other fees for the state and county.
For more complete information about the responsibilities of the tax assessor-collector and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
Tax Assessor-Collector Requirements
A county assessor-collector must successfully complete 20 hours of continuing education before each anniversary of the date on which the county assessor-collector takes office.
See the full continuing education requirements and moreCounty Tax Assessor-Collector Qualifications9
The County Tax Assessor-Collector must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the county for at least six consecutive months.
- Registered to vote in the county.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: Tax Code, Sec. 6.231
What is a Justice of the Peace?
The justice of the peace presides over the justice court in cases involving misdemeanors, small civil disputes, landlord/tenant disputes and more. They also conduct inquests and may perform marriage ceremonies.
What Does a Justice of the Peace Do in Texas?
A justice of the peace in Texas has the following duties:
- Hears traffic and other Class C misdemeanor cases punishable by fine only.
- Hears civil cases with up to $20,000 in controversy.
- Hears landlord and tenant disputes.
- Hears truancy cases.
- Performs magistrate duties.
- Conducts inquests.
For more complete information about the responsibilities of a justice of the peace and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
Justice of the Peace Requirements
Justices of the peace are required to obtain 80 hours of continuing education during their first year in office and 20 hours annually thereafter.
See the full continuing education requirements and moreCounty Justice of the Peace Qualifications10
A Justice of the Peace must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the precinct for at least six consecutive months.
- Registered to vote in the precinct.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: Government Code, Section 27.005
10Vernon's Ann. Texas Const. Art. 5, §18; V.T.C.A., Election Code §141.001
What is a Constable?
A constable is a licensed peace officer who performs various law enforcement functions. They also serve legal documents and perform other duties.
What does a Constable Do in Texas?
A county constable in Texas has the following duties:
- Serves as a licensed peace officer and performs various law enforcement functions, including issuing traffic citations.
- Serves warrants and civil papers such as subpoenas and temporary restraining orders.
- Serves as bailiff for Justice Court.
For more complete information about the responsibilities of a constable and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
Constable Requirements
Constables are required to attain 40 hours of continuing education biannually, 20 hours of which must be in civil process. Per 2013 Texas Senate Bill No. 686, Texas Eighty-Third Legislature.
See the full continuing education requirements and moreCounty Constable Qualifications11
A County Constable must meet the following qualifications at the time of appointment or election:
- U.S. Citizen.
- Resident of Texas for at least 12 consecutive months.
- Resident of the district for at least six consecutive months.
- Registered to vote in the area of office sought.
- At least 18 years of age.
- Not have been finally convicted of a felony from which they have not been pardoned or otherwise released from the resulting disabilities.
- Not have been determined by a court with probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote.
- An active or inactive licensed peace officer12.
Candidates for this office generally must meet the above qualifications at the time of filing.
For more information, see the Secretary of State Elections Division website.
Legal source: V.T.C.A., Tex. Occ. Code, Sec. 1701.3545
11Vernon's Ann. Texas Const. Art. 5, §18; V.T.C.A., Election Code §141.001; Local Government Code §86.0021; Occupations Code §1701.3545
12or be eligible to be licensed under Sections 1701.309 and 1701.312 of the Occupations Code and have at least an associate’s degree from an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board, or be a special investigator under Article 2.122(a) of the Code of Criminal Procedure, or be an honorably retired peace officer or honorably retired federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357 of the Occupations Code.
What is a County Auditor?
The county auditor is appointed by the district judge(s). They countersign all warrants on the county treasury, examine the treasurer's reports and all claims against the county, advertise for bids on county supplies, and exercise general oversight over the financial books and records of the county.
What Does a County Auditor Do in Texas?
A county auditor in Texas has the following duties:
- Prepares and administers accounting records for all county funds.
- Audits the records and accounts of the various county departments.
- Verifies the validity and legality of all county disbursements.
- Forecasts financial data for budgetary formulation purposes.
- Serves as budget officer in counties with more than 225,000 residents (Counties with more than 125,000 residents may opt for an appointed budget officer.).
For more complete information about the responsibilities of the county auditor and other county officials, see the "Guide to Texas Laws for County Officials."
Please note: Some duties performed by officials may vary within individual counties.
County Auditor Requirements
County Auditors/CPA's are required to attain 40 hours during each two-year appointment.
See the full continuing education requirements and moreCounty Auditor Qualifications13
The County Auditor must meet the following qualifications at the time of appointment:
- Have at least 2 years of experience in auditing and accounting.
- Thoroughly competent in public business details.
- Unquestionably good moral character and intelligence.
Legal source: V.T.C.A., Tex. Local Gov’t. Code, Sec. 84.0085
13Local Government Code §84.006