AUSTIN - While the Fort Bend Commissioners Court may hire an outside law firm of its own choice to assist it in redistricting duties, the county attorney may not, according to Attorney General Ken Paxton.
Back in April, Rep. Gary Gates, District 28, requested a legal opinion from the AG Office regarding the authority of a commissioners court to select a firm to assist with the redrawing of precinct lines.
The request letter states that another representative brought to light the Fort Bend Commissioners Court failure to fulfill their obligation to redistrict precincts, resulting in maps that had not been updated since Jan. 1, 2022.
Soon after, the commissioners court took action to redraw the maps and allocated the necessary funds, but a “concerning” development arose: the county attorney asserting that the commissioners court lacks the authority to choose the firm that would assist with redrawing the precincts.
“This stance undermines the authority of the democratically elected government and attempts to concentrate that power with the County Attorney’s office,” the request letter states. “My office firmly believes that the legal authority to make this decision rests solely with the Commissioners Court, unless that authority is delegated to another person.”
Bridgette Smith-Lawson is the current county attorney for Fort Bend.
On Nov. 19, the Office of the Attorney General found a commissioners court may employ an outside law firm of its own choice to assist in fulfilling its redistricting duties under Chapter 42 of the Election Code without interfering with or usurping the county attorney’s statutory duties.
The OAG further found that a county attorney may not unilaterally contract with a law firm to “assist” with that duty.
“The County Attorney may not unilaterally contract with an outside law firm of her choice to assist the Commissioners Court in carrying out its redistricting duties under Chapter 42 of the Election Code,” the opinion states.
Opinion No. KP-0504
