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BRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
Zu ` - I P 3: 31
) ��T
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 6 APRIL 2010 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM
OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE,
SUITE 106, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance — Judge Sims.
2. Call for citizen's input and/or concerns:
Consider and take action on agenda items 3 — 18:
3. Request from Juvenile Services for permission to transfer funds in Division 31000200
from Account 51610000 to Account 71030000 (employment services) to utilize Elite
Nursing Services, P.L.L.C. to employ a temporary Licensed Vocational Nurse (LVN).
4. Request from the Budget Office to rescind Budget Amendment 09/10 — 24.4 regarding
reallocation of funds for the April 2010 run -off election.
5. Budget Amendment 09/10 — 25.1 thru 25.4.
6. Personnel Change of Status.
7. Payment of Claims.
8. Proclamation 10 -018 with the Cities of Bryan and College Station proclaiming 20 April
2010 as Brazos County Arbor Day.
Office of the County Judge . 200 South Texas Ave. . Suite 332 . Bryan, Texas 77803 . Fax: (979) 361 -4503
vol. 1 P I
Commissioners Court Agenda
6 April 2010
Page 2
Resolution 10 -007 in support of Brazos County's grant application #1803306 for Drug
Court funding from the Criminal Justice Division of the Governor's Office, and
designation of the Director of the Community Supervision and Corrections Department
as the grantee's authorized official.
10. Establishment of a Magistrate's Fee of $50.00 /case, to be collected as court costs in any
case which is referred to a Magistrate in Brazos County, in accordance with Texas
Government Code §54.1116.
11. Appointment of the following individuals to the Homeland Security Advisory
Committee for 2010, representing Brazos County:
Reappointments
a. R. B. Alley, Fire Chief, City of College Station
b. Brian Hilton, Emergency Management Coordinator, City of College Station
c. Bart Humphreys, Public Information Officer, City of College Station
d. Michael Donoho, Fire Chief, City of Bryan
e. Jerry Henry, Emergency Management Coordinator, City of Bryan
f Betsy Godwin, Executive Director, Brazos County 911
g. Jim Barker, Deputy Fire Chief, South Brazos County Fire Department
h. Leslie Lutz, Emergency Planner, Texas A &M University
i. Kenny Mallard, Precinct 3 Commissioner, Brazos County
j. Chuck Frazier, Emergency Management Coordinator, Brazos County.
New Appointments
a. Bill Searles, Risk Manager, Brazos County
b. Mike Wilson, Chief Deputy, Brazos County Sheriff's Office
J 0h c. Donald Lampo, Precinct 2 Constable, Brazos County
, ► ref Er;c. jz5ile� I 6 4j oJ� 9(
12. Out of state travel request for Sheriff's Investigator David Villarreal to attend the
"Informant Management" training session sponsored by the Regional Counterdrug
Training Academy at the Naval Air Station in Meridian, Mississippi. Travel and
training dates include 9 -13 May 2010.
13. Treasurer's Report for the Month of February 2010.
14. Request for reimbursement of $171.70 from the FY10 Historical Commission budget to
Barbara Althaus for printing expenses incurred in FY09.
15. Tax Refund Applications for the following:
a. Linda Hughes TTE
b. C &M Billing
c. W. P. Barrett, HI
16. Request for permission to advertise Bid 2010 -30, Folding Walls for Expo Center
Expansion.
Vol.
153 Pg. a
Commissioners Court Agenda
6 April 2010
Page 3
17. Request from Purchasing for departments to be allowed to exercise discretionary
purchases up to $1000.00 instead of $500.00.
18. Request for permission to enter Steven Emert's property located off Tonkaway Lake
Road for the purpose of clearing underbrush, small trees and limbs to create better sight
distance around a curve in the roadway; for the health, safety and welfare of the general
public. Site is located in Precinct 3.
19. Recognition of County Arboretum Underwriter
20. Discussion regarding ongoing efforts with the CIRA Software Project.
21. Announcement of interest items and possible future agenda topics.
22. Call for citizen input and/or concerns.
23. Agency / Board / Committee reports by Court members.
24. Adjourn
Vol. 133 pg. 3
Commissioners Court Agenda
6 April 2010
Page 4
PUBLIC COMMENTS
Public Comment during the Comrission Meeting may be for all matters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section
18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct
themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
I. cancellation of a speaker's time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102.
Vol. )W pg. 4
COMMISSIONERS' COURT
REGULAR MEETING
APRIL 6, 2010
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, April 6, 2010 with the following members of the
Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
The County Judge gave the invocation and then led the
pledge of allegiance.
There was no citizen input /and or concerns.
The first matter before the Court was a request from
Juvenile Services for permission to transfer funds in Division
31000200 from Account 51610000 to Account 71030000 (employment
services) to utilized Elite Nursing Services, P.L.L.C. to
employ a temporary Licensed Vocational Nurse (LVN) . The
Vol 133 Page 5
Commissioners Court meeting April 6, 2010 2
position has been vacant for quite a while but he will
continue looking for a full time employee. The budget
amendment will allow for about eight (8) weeks of service.
Commissioner Mallard question liability coverage at which Dr.
Vance replied that the coverage was carried through the
service. Bill Jeanes, Risk Manager stated that he would like
to see the contract. Bill Ballard, Civil Attorney replied
that he has reviewed and approved the contract. He proceeded
to list the protection offered by the service. He went on to
say that the signed copy of the contract has not been returned
and that is the only reason it is not on today's agenda. On
motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the request.
The next matter for consideration was a request from the
Budget Officer to rescind Budget Amendment 09/10 -24.4
concerning the reallocation of funds for the April 2010 run-
off. This will not affect the dollar amount of the original
budget. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the request.
The Court next considered Budget Amendment #09/10 -25.1
through 25.4 that would reallocate funds for Non Departmental,
County Court at Law #2, Juvenile Services; and transfer funds
Vol 133 Page
Commissioners Court meeting April 6, 2010 3
from County Clerk DDEA to Primary Election Service. On motion
by Commissioner Peters, seconded by Commissioner Wassermann,
the Court voted unanimously to approve the budget amendment as
submitted. A copy each amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7072809 through 7073045
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of
Proclamation 10 -018 with the Cities of Bryan and College
Station proclaiming April 20, 2010 as Brazos County Arbor Day.
The Court joins with Keep Brazos Beautiful and the two cities
in their continuing commitment to a comprehensive, urban,
community tree care program. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to join with the mayors of the cities of Bryan and
Vol 63 Page 7
Commissioners Court meeting April 6, 2010 4
College Station in proclaiming April 20, 2010 as Brazos County
Arbor Day.
The Court next considered Resolution 10 -007 in support
of Brazos County's grant application #1803306 for Drug Court
funding from the Criminal Justice Division of the Governor's
Office, and the designation of the Brazos County Community
Supervision and Corrections Department as the grantee's
authorized official. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to approve submission of the grant application
#10803306 for the Brazos County Drug Court to the Office of
the Governor, Criminal Justice Division, to authorize the
Brazos County Community Supervision and Corrections Department
to accept such grant funds as may be tendered and to designate
the Director of the Community Supervision and Corrections
Department as the grantee's authorized official.
The next matter for consideration was the acknowledgement
of an Administrative Order signed by the three (3) District
Judges and two (2) County Court at Law Judges referring any of
the types of cases and proceedings described in Tex. Govt.
Code §54.1106 to any of the three Magistrates and the
collection of a Magistrate's Fee of $50.00 per case, to be
collected as court costs in any case that is referred to a
Vol 153 Page 3
Commissioners Court meeting April 6, 2010 5
Magistrate in Brazos County, in accordance with Texas
Government Code §54.1116. The County Judge moved to confirm
the $50.00 fee. Commissioner Mallard seconded the motion.
Commissioner Peters stated his concern that this might
discourage the use of the Magistrate Court. He also asked
about when there is a no fault divorce heard in that court.
Katie Conner, County Auditor stated if the loser of the case
has to pay, this was established when the Magistrate was
approved. This is merely confirming the fee. After some
discussion, the County Judge and Commissioner Mallard withdrew
their motion and second and went on to consider agenda item 11
while the Court awaited the arrival of Judge J.D. Langley to
answer some questions.
The next matter for consideration was the appointments
and reappointments of individuals to serve on the Homeland
Security Advisory Committee for 2010, representing Brazos
County. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to make the
following appointments, reappointments and one addition:
Reappointments:
a. R. B. Alley, Fire Chief, City of College Station
b. Brian Hilton, Emergency Management Coordinator, City
of College Station
C. Bart Humphreys, Public Information Officer, City of
College Station
d. Michael Donoho, Fire Chief, City of Bryan
Vol i 33 Page Cl
Commissioners Court meeting April 6, 2010
0
e. Jerry Henry, Emergency Management Coordinator, City of
Bryan
f. Betsy Godwin, Executive Director, Brazos County 911
g. Jim Barker, Deputy Fire Chief, South Brazos County
Fire Department
h. Leslie Lutz, Emergency Planner, Texas A &M University
i. Kenny Mallard, Precinct 3 Commissioner, Brazos County
j. Chuck Frazier, Emergency Management Coordinator,
Brazos County
New Appointments:
a. Bill Jeanes, Risk Manager, Brazos County
b. Mike Wilson, Chief Deputy, Brazos County Sheriff's
Office
C. Donald Lampo, Precinct 2 Constable, Brazos County
d. Eric Buske, Police Chief City of Bryan
The next matter for consideration by the Court was a
request submitted by Sheriff Chris Kirk seeking approval for
out of state travel for Investigator David Villarreal to
attend the "Informant Management" training session sponsored
by the Regional Counterdrug Training Academy (ROTA) at to
Naval Air Station in Meridian, Mississippi May 9 th through May
13 2010. On motion by Commissioner Wassermann, seconded by
Commissioner Peters, the Court voted unanimously to grant the
request from the Sheriff and approved payment of out of state
travel expense for Investigator David Villarreal.
On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
receive, approve and order filed as submitted the Treasurer's
Vol 03 Page 10
Commissioners Court meeting April 6, 2010 7
report for February 2010. A copy is attached to and made a
part of these minutes.
The Court next considered a reimbursement request from
Anne Boykin, Heritage Programs Coordinator for $171.70 from
the FY 2010 Historical Commission budget to reimburse Barbara
Althaus for printing expenses incurred in FY 2009. On motion
by the County Judge, seconded by Commissioner Cauley, the
Court voted unanimously to reimburse Mrs. Althaus the $171.70
with funds coming from Non Departmental since the Historical
Commission contract states for postage only.
The next matter for consideration was approval of tax
refund applications from the following individuals and /or
companies:
a. Linda Hughes TTE, over payment $1,207.54
b. C &M Billing, over payment $20.60
c. W. P. Barrett, III, over payment $252.42
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to approve the tax refund
applications.
The Court next considered advertising Bid 2010 -30,
Folding Walls for Expo Complex Expansion. On motion by
Commissioner Peters, seconded by Commissioner Wassermann, the
Court voted unanimously to advertise Bid 2010 -30, Folding
Walls for the Exposition Complex Expansion.
Vol 03 Page 0.
Commissioners Court meeting April 6, 2010
8
The Court next considered a request from the Purchasing
Department to allow each department to be able to exercise
discretionary purchases up to $1,000.00 instead of $500.00.
Katie Conner, County Auditor explained that this would mean no
quotes necessary for items $1,000.00 or below. The County
Judge asked why Purchasing was asking for this. Pat Howard,
Purchasing Agent replied that there is lots of employee time
wasted on quotes for a small amount of money. Most counties
she said are at $2,000 or above. Some are at $5,000.00 The
County Judge moved to approve the request. Commissioner
Peters seconded the motion. Commissioners Wassermann, Peters,
Mallard and the County Judge voted "Aye ". Commissioner Cauley
voted "No ". The motion carried.
The Court next considered authorizing work outside of
county rights -of -way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Steven Emert on
Tonkaway Lake Road in Precinct 3 to clear out underbrush,
small trees and limbs to create better sight distance around a
curve in the roadway. on motion by Commissioner Mallard,
seconded by Commissioner Peters, the Court voted unanimously
to authorize the work.
Vol 153 Page la
Commissioners Court meeting April 6, 2010 9
with the arrival of Judge J.D. Langley, the County Judge
resumed consideration of agenda item 10. Judge Langley
explained that indigent people only need to file an affidavit
with the clerk. This fee will help defray the cost of the
Magistrate. They have been charging the fee in criminal cases
but they are now adding designated civil cases. The
Magistrates have jurisdiction and are merely confirming it.
The payment of the fee is discretionary and up to the judge to
assign who will pay. In a no fault divorce the fee is usually
paid by the person filing the paperwork. On motion by the
County Judge, seconded by Commissioner Mallard, the Court
voted unanimously to acknowledge receipt of the Administrative
Order and authorize the $50.00 fee on all cases filed in the
Magistrates' Court.
The next matter for consideration was the recognition of
the County Arboretum Underwriter.
Horticulture Program Assistant was pres
Janis Atkins' gift, introduce her to the
Master Gardner's input, both financial
extended a personal invitation to the
dedication.
Charla Anthony,
ent to talk about Ms.
court and tell of the
and labor. She then
court to attend the
Vol 633 Page 13
Commissioners Court meeting April 6, 2010 10
The Court next heard a discussion presented by Eric
Caldwell, Director of the Information Technology Department on
the CIRA Software Project.
There were no announcements of interest items and
possible future agenda topics.
Under citizen input and /or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 512 inmates in jail, 71 have
electronic monitors and 82 are pending for
monitors.
Under Agency /Board /Committee reports by Court members
the following spoke:
Commissioner Cauley
a) asked to revisit agenda item # 8. Ms.
Anthony stated very clearly that
National Arbor Day was April 30 but
the Proclamation from the City states
that it is April 20 She asked if it
was a typo? Also can the County
designate their own Arbor Day at any
time they wish? Commissioner Cauley
then moved for approval of the
proclamation contingent on the 2p
being the correct date, but that if it
is a typo it be approved to coincide
with the date approved by the city.
Commissioner Mallard seconded the motion
and it carried unanimously.
There being no further business to come before the Court,
the meeting was adjourned.
Vol 15 3 Page I +
The foregoing minutes of the Commissioners Court meeting held
April 6, 2010 have been examined and are approved in open
Court this the ( day of �(J(? 4 2010, in Bryan,
Brazos County
Texas.
—&4d-- G- 4+
Lloyd Wfassermann
Commissioner, Precinct 1
Duane Peters
Commissioner, Precinct 2
Attest:
4a�-
K en McQueen
C unty Clerk
Kenny Mall r
Commissione , Precinct A 3
Vol 133 Page 15
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on 2010 @ 'I.'DD QM
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BRAZOS COUNTY COMMISSIONERS COURT
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Name
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21
PAGE c ,2 of °_
Vol. X p 0
TY TEXAS 5
BRAZOSCOUN ,
BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR
NO. 09/10 — 25.1 thru 25.4
On this the 6 day of April 2010 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 6 April 2010 the Court heard and approved a budget amendment for the
2009 -2010 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 21 September 2009, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 6 day of April 2010.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By
Randy ms, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. - 3 3— Pg•- --
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 25.1
4/6/2010
FUNDI
0100
DIV
11000500
ACCT
72590000
PROJ
1
DR/CR
CR
ACCOUNT NAME
Professional Fees
Increase
Decrease
6,060.00
0100
11000500
71025000
DR
Contract Services
6,060.00
Non De artmental:
To reallocate funds to pay for Park Hudson Pro ert Owners Association dues owed on pro purch sed from BISD.
This will cover two uarters this fiscal ear.
jP er pared €By r,
Vol.— Pg'— --
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 25.2
5 PIX161K
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 23100100 60600000 CR Office Su I 372.38
0100 23100100 67281000 DR Minor Equipment - Electronic 372.38
County Court at Law #2:
To Purchase a replacement Fax machine. Cost to re air old fax machine was greater than the cost to p urchase a new one.
Vol. l3 Pg. 9
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 25.3
416/2010
FUNDI
DIV
ACCT
PROJ
DR/CR
ACCOUNT NAME
Increase
Decrease
0100
21000100
59100000
CR
DDEA
5,800.00
0100
91350000
DR
Transfer to Primary Election Services
5,800.00
3500
49028000
CR
Transfer from General Fund
5,800.00
3500
211200
72590000
DR
Professional Fees
5,800.00
Primary Election Services and I Clerk:
To reallocate funds to cover the costs for programming, transporting equipment, pre - define & back up for the April 2010 Rep. &
Dem. runoff elections.
133
Vol. pg
21
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 09/10 - 25.4
4/6/2010
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 31000200 51610000 C Hourly -Staff 7,296.00
0100 31000200 71030000 DR Employment Services 7,296.00
Juvenile Services Department:
To reallocate funds to cover costs to utilize Elite Nursing Services, P.L.L.C. to employ a temporary licensed Vocational Nurse LVN .
Vol. 133 P9-
PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: April 6, 2010
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting Employee Request Action Requested
Request(s) Applies To
County Attorney
Transfer w /in Dept.
Transfer Win Dept.
Resignation
Transfer w /in Dept.
Bouis, Melissa
Casares, Rose
Dibrell, Allison
Perez, Cynthia
JP 2 -2 Lewis, Donna
Juvenile Gray, William
Resignation
Retirement
SO Jail
Approved in Commissioners' Court: April 6, 20
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
22
Vo1. _.
New Hire
Ortega, Gabriel
Brazos County
Bryan, TX
RESOLUTION
WHEREAS, the Brazos County Commissioners Court finds it in the best interest of the citizens of
Brazos County that the Brazos County Drug Court be operated for the 2011 Fiscal Year, September
1, 2010 — August 31, 2011; and
WHEREAS, the Brazos County Commissioners Court agrees that in the event of loss or misuse of the
Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will
be returned to the Criminal Justice Division in full; and
WHEREAS, the Brazos County Commissioners Court designates the Director of the Brazos County
Community Supervision and Corrections Department as the authorized official for this grant. The
authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf
of the applicant agency.
NOW THEREFORE, BE IT RESOLVED that the Brazos County Commissioners Court approves
submission of grant application number 1803306 for the Brazos County Drug Court to the Office of the
Governor, Criminal Justice Division.
Passed and approv� this (n day of �aIt�
Randy Sim
Lloyd Wasgerma Precinct 1 Commissioner
Duane Peters, Precinct 2 ommissioner
Grant Application Number: 1803306
Vol. Pg.��� Resolution 10-007
BRAZOSCOUNTY
BRYAN, TEXAS
#10
Establishment of a Magistrates' Fee
The Brazos County Commissioners Court does hereby set the Magistrates' Fee at
$50.00 /case to be collected in any case, civil or criminal, which is referred to a
Magistrate in Brazos County, in accordance with Texas Government Code
§54.1116.
APPROVED:
County Judge date
Office of the County Judge • 200 South Texa Suite 332 • Bryan-Texas 77803 • Fax: (979) 3614503
Vol. Pg.
IN THE 85"', 272 and 361 DISTRICT COURTS
and.
IN THE COUNTY COURTS AT LAW NOS. 1 & 2
OF
BRAZOS COUNTY, TEXAS
MAR 252010
M)1\TISTIRATIVE ORDER
-.
Three magistrates currently have been approved by the Commissioners Court of Brazos
County to serve all the District Courts and County Courts at Law in Brazos County, Texas. The
kinds of proceedings that may be referred to these magistrates is governed by Tex. Govt. Code
§54.1106. The judges of the district courts and the county courts at law are of the opinion that
the referral of any of the types of cases and proceedings described in Tex. Govt. Code §54.1106
to any of the three magistrates is appropriate and necessary for the expeditious and efficient
management of the courts' dockets.
IT IS THEREFORE ORDERED that any of the types of cases and proceedings
described in Tex. Govt. Code §54.1106 are referred to and may be heard by any magistrate
appointed under the authority of Tex. Govt. Code §54.1101 by the District Courts and County
Courts at Law and approved by the Commissioners Court of Brazos County, unless a separate
order negating or modifying this order in a particular case is signed.
Page 1 of 2 ^ r
V01. ���3 Pg. �j
This order shall apply to any case now pending in this court and to any cases filed in the
district courts and the county courts at law in Brazos County in the future until modified by
future order.
SIGNED on the '257 !� day of March, 20
D. LANGLEY STEVE SMITH
Presiding Judge Presiding Judge
85th District Court 361' District Court
VIS B. BRYAN, III
r e s iding Judge
272n District Court
?�RqANDA MATZKE
Presiding Judge
County Court at Law No. I
4 (X-
JIM LO(KV
PresidinVudge
County Court at Law No. 2
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3OVERNMENT CODE CHAPTER 54. MASTERS; MAGISTRATES... http: / /www.statutes.legis. state. tx .us /Docs /GV /htm/GV.54.htm#54.1116
APPEAL. Pending appeal of the magistrate's report to the referring
court, the decisions and recommendations of the magistrate's report have
the force and effect of, and are enforceable as, an order of the
referring court, except as provided by other law for a particular action
by the magistrate.
Added by Acts 2001, 77th Leg., ch.
Renumbered from Government Code Sec
ch. 1275, Sec. 2(56), eff. Sept. 1,
954, Sec. 1, eff. June 14, 2001.
54.1054 by Acts 2003, 78th Leg.,
2003.
Sec. 54.1115. JUDICIAL ACTION. (a) The referring court may
modify, correct, reject, reverse, or recommit for further proceedings
any action taken by the magistrate.
(b) If the referring court does not take any action, the actions
of the magistrate become the decree of the referring court on adoption
by that court.
Added by Acts 2001, 77th Leg., ch.
Renumbered from Government Code Sec
ch. 1275, Sec. 2(56), eff. Sept. 1,
954, Sec. 1, eff. June 14, 2001.
54.1055 by Acts 2003, 78th Leg.,
2003.
Sec. 54:1116. COSTS OF MAGISTRATE. (a) The court shall
determine if the nonprevailing party is able to defray the costs of the
magistrate. If the court determines that the nonprevailing party is able
to pay those costs, the court shall impose the magistrate's fees as
costs against the nonprevailing party.
(b) The Commissioners Court of Brazos County shall set the amount
of the magistrate's fees that may be imposed as costs. Unless a higher
fee is authorized by law for a particular action taken by the
magistrate, the magistrate's fees in a case may not exceed $50.
(c) The clerk of the referring court shall collect the
magistrate's fees and deposit the fees in the county treasury.
Added by Acts 2001, 77th Leg., ch.
Renumbered from Government Code Sec
ch. 1275, Sec. 2(56), eff. Sept. 1,
954, Sec. 1, eff. June 14, 2001.
54.1056 by Acts 2003, 78th Leg.,
2003.
P g .-
112 of 148 4/1/2010 9:38 AM
4 /3
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this ( # - 8— day of �y�, A.D. 2010
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this 6 It day of
201
Randy
Lloyd WAssermann, Commissioner Precinct #1
Treasurer's Report for the MONTH of FEBRUARY 2010
Duane eters, Commissioner Precinct #2
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