FORT BEND COUNTY, Texas – Fort Bend County’s Commissioners Court does have the legal authority to hire an outside law firm to help redraw precinct boundaries, according to a new opinion issued by the Texas Attorney General.
The ruling settles months of back-and-forth inside county government over who can select legal counsel for the upcoming redistricting process.
Attorney General Ken Paxton’s office confirmed that commissioners may contract with outside attorneys because redistricting is a legislative action, not a court proceeding. That means it does not fall under the county attorney’s exclusive authority.
The opinion comes after County Attorney Bridgette Smith-Lawson questioned whether the court could choose its own firm. She argued that only her office had the power to appoint outside counsel. Commissioners asked the Attorney General to clarify after voting to move forward with hiring a firm to correct precinct maps that lawmakers said were out of compliance.
BACKGROUND: Fort Bend County advances five new redistricting maps amid political debate
In the opinion, the AG stated that the Commissioners Court is responsible for managing county business and entering into contracts on the county’s behalf. Because redistricting is not litigation, the court does not interfere with the county attorney’s statutory duties by selecting outside representation.
The AG also noted that no law grants the county attorney independent authority to hire a firm for the redistricting work, meaning that responsibility rests solely with commissioners.
The ruling effectively clears the way for Fort Bend County to move forward with hiring outside legal support to revise precinct maps ahead of upcoming elections. Commissioners have said the redistricting work is needed after a state lawmaker pointed out population imbalances in the precincts.