The Texas Attorney General ruled that county commissioners courts may adopt policies restricting the use of county-owned law enforcement vehicles for private security jobs outside the county, clarifying the scope of county authority under the state constitution.
According to Opinion KP-0524, any such policy must ensure that a clear public benefit results from preventing free use of county vehicles and that a legitimate public purpose predominates over any benefits to private parties. The county must also retain control over vehicle use to accomplish the public purpose.
The opinion also addressed whether county policies can apply to sheriff's and constable offices, finding that commissioners courts may adopt vehicle-use policies for those offices as long as the policies do not prevent them from performing their core constitutional or statutory duties. Conversely, sheriffs and constables may adopt their own vehicle-use policies provided they do not prevent the commissioners court from performing its responsibilities.
The attorney general said whether any specific policy meets these standards involves factual questions that cannot be resolved in an opinion.