Court hears legislative update on bills that could affect county operations and investments

3074636 · April 21, 2025

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Summary

County staff briefed the court on two bills: one (HB 4620) would limit elected county attorneys from practicing locally and is seen as constitutionally vulnerable; another (SB 404) would restrict local investment choices and require use of state‑managed pools, which county staff oppose.

County administration briefed the Commissioners Court on several bills in the ongoing legislative session that could affect county operations if enacted.

Deputy County Administrator Russell Schauffner summarized HB 4620 (filed by a Denton County representative), saying it would bar a member of a commissioners court who is an attorney from practicing law in the county where they are elected. “Any law. So, as an example … hypothetically, Commissioner Webb … could not go to JP court, or to municipal court, and fight that traffic ticket,” Schauffner said, describing some practical effects. Schauffner said the bill has raised concerns statewide about its reach and that many in the legal community believe it would face constitutional challenges.

Schauffner also described SB 404, sponsored by Senator Middleton, which would limit the types of pooled funds counties can invest in and would effectively require counties to place investments into state‑managed pools such as a comptroller‑run pool or a Texas Treasury Safekeeping Corporation vehicle. “The long story short is that we would be more or less having to take all of our funds and investments to a single basket rather than look at a number of different things and options that are available to us,” Schauffner said. He told the court he is opposed to SB 404 because it would reduce diversification and competition in the county’s investment options.

Court reaction and context: Commissioners discussed the bill’s potential effects on rural counties and small jurisdictions where an elected official might be the only attorney locally. One commissioner publicly thanked Commissioner Webb for his service and noted the bill’s broad potential effect on attorneys who serve in elected roles. Schauffner said the county will monitor the bills and follow committee action.

Ending: The briefing was informational; the court took no formal action on either bill during the meeting.