Commissioners Court

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Commissioners Court Standing

Pictured from left:  Smith County Commissioners Pam Frederick (Precinct 1) and Terry Phillips (Precinct 3),

County Judge Neal Franklin, and Commissioners John Moore (Precinct 2) and  Ralph Caraway Sr. (Precinct 4) 

 

At the heart of each of the 254 Texas counties is the Commissioners Court. 

Each county has four Precinct Commissioners and a County Judge. These five elected officials make up the Commissioners Court, with the County Judge acting as the Chairman of the Court.

This body conducts the general business of the county and oversees county financial matters, including formulation of the annual budget.

The Commissioners Court usually meets at 9:30 a.m. every Tuesday in the Commissioners Courtroom, in the Annex Building, first floor, 200 E. Ferguson in Tyler.

While most functions are administered by these elected officials, others are managed by department heads, which are appointed by the Commissioners Court. Department heads include the County Engineer, Elections Administrator, Pre-Trial Release Director, Human Resources Director, Veteran Services Officer, Communications Director, Animal Control and Shelter Supervisor, Judicial Compliance/Collections Director, Law Librarian, Fire Marshal, Information Technology Director, Facilities Services Director, Purchasing Director, Records Services Director.

Members of the public who wish to speak during the public comment portion of a Smith County Commissioners Court must be present at the meeting. Online public participation forms may be filled out online before the meeting but the speaker must attend the meeting in-person.

Responsibilities

Among other responsibilities, the Commissioners Court:

  • Sets the yearly property tax rate and approves the budget and employment level for the county;
  • Sets commissioners and justice of the peace precinct boundaries;
  • Calls, conducts and certifies elections, including bond elections;
  • Sets employment and benefit policy;
  • Establishes long-range thoroughfare, open space, land use, financial and law enforcement/jail needs and plans;
  • Acquires property for rights-of-way or other uses determined to be in the public's best interest;
  • Provides rural ambulance services and subsidizes rural fire protection;
  • Oversees the construction, maintenance and improvement of county roads and bridges;
  • Appoints non-elected department heads and standing committees;
  • Supervises and controls the county courthouse, county buildings, and facilities;
  • Adopts a county budget;
  • Fills vacancies in elective and appointive positions; and
  • Has exclusive authority to authorize contracts in the name of the county.

Texas County Judge and the Commissioners Court

The county judge is the most visible official in county government. Often thought of as the county's chief executive officer, a county judge has broad judicial and administrative powers, including serving as the presiding officer of the county's policy-making body, the Commissioners Court.

County judges are elected every four years on a countywide basis.

Although they must be well informed in the law, there is no requirement for county judges to have a formal legal education or a license to practice law. After election, however, a county judge is required to attain 30 hours of judicial education during their first year in office and 16 hours every year thereafter in order to remain up to date regarding new laws and procedures related to their judicial responsibilities.

The county judge resides over the Constitutional County Court. While responsibilities vary from county to county, a judge may consider criminal, civil, probate, juvenile and mental competency matters. In larger counties like Smith County, County Courts-at-Law have been created with separate judges to handle the large amount of work these cases generate.

The county judge is the presiding officer of the Commissioners Court. In the judge's absence, any commissioner may preside over the court. It is incumbent upon the county judge to carefully abide by statutes requiring that meetings of governmental bodies be open to the public.

The judge is also a voting member of the Commissioners Court and works with the other four members of the court to approve the county budget and exercise administrative authority over county government operations.

A major responsibility of the Commissioners Court relates to setting the county budget. In counties with a population under 225,000, the judge serves as budget officer of the Commissioners Court. During budget development, the judge, along with the commissioners, considers the funding necessary for the other county offices to carry out their duties.

The county judge also serves as the county's Emergency Management Director and has the authority to designate an Emergency Management Coordinator to serve as an assistant for emergency management issues. The Smith County's Emergency Management Coordinator works within the Smith County Fire Marshal.

The county judge may also represent the county at ceremonial occasions and on various boards and committees such as regional councils and governments. The may also serve as a member of the governing body or as an officer or director of another entity, except as publicly traded corporation or a subsidiary affiliate, or subdivision of a publicly traded corporation that does business with the county.

Contact Information

commissioner's Precinct full name phone
Countywide Commissioner's Court Fax (903) 590-4615
Countywide County Judge Neal Franklin (903) 590-4625
1 Commissioner Pam Frederick (903) 590-4601
2 Commissioner John Moore (903) 590-4602
3 Commissioner Terry Lee Phillips (903) 590-4603
4 Commissioner Ralph Caraway Sr. (903) 590-4604

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