with Statutory Citations & Explanation
Key Statute: Texas Local Government Code §391.006(b)
“At least two-thirds of the governing body of a commission must be elected officials of the participating counties or municipalities.”
Who Qualifies as an “Elected Official” for the RPC Governing Body?
- An individual who has been duly elected by the public to hold an official position within a participating county or municipality.
- The law does not distinguish between:
- Full-time vs. part-time
- Paid vs. unpaid
- High-compensation vs. low-compensation positions
Examples of Qualifying “Elected Officials” (§391.006(b))
- County Commissioner
- County Judge
- City Mayor (even if the mayor is unpaid or part-time)
- City Council Member / Alderman
- Justice of the Peace
- Constable
- Any other elected position in a participating local government (county or city)
Important:
The only requirement is that the person is an elected official of a participating unit of government.
Examples of Who Does Not Meet the “Elected Official” Requirement (§391.006(b))
- Appointed Officials (e.g., city managers, department heads)
- Hired Staff/Employees (e.g., planning staff, finance officers)
- Consultants or advisors
- Nonprofit representatives or private citizens
Even if these individuals are paid employees, they do not meet the legal definition of “elected officials.”
Does the Elected Official Have to Be a Paid Employee?
No.
The statute §391.006(b) is entirely silent on compensation or employment status.
There is no legal requirement that the elected official must be:
- A salaried or paid employee of the county or city
- Employed full-time
- Receiving any form of monetary compensation
Many small-town mayors, council members, or commissioners in Texas serve without pay or for a token stipend.
They still meet the definition of “elected official” because they were chosen by voters.
Who Decides on the Other Members? (§391.006(a))
The remaining one-third of the governing body can be anyone the participating governments agree upon, including:
- Non-elected appointed officials
- Private citizens
- Paid government staff
- Others with specialized knowledge
These individuals do not affect the two-thirds elected official requirement.
Key Points for Clarification and Shared Understanding
| Question | Answer | Legal Citation |
| Do the elected officials on the RPC need to be paid county employees? | No. There is no requirement for payment or employment status. The only legal requirement is that the person is an elected official of a participating county or municipality. | §391.006(b) |
| Do part-time or volunteer elected officials qualify? | Yes. All elected officials, regardless of whether they serve full-time, part-time, with or without compensation, meet the requirement. | §391.006(b) |
| Can paid staff or appointed officials fulfill the two-thirds elected official requirement? | No. Staff or appointed officials do not meet the statutory definition of “elected official” for this purpose. Only individuals elected by voters qualify. | §391.006(b) |
Summary Explanation
The two-thirds requirement in §391.006(b) is solely about holding elected office in the participating jurisdictions—not employment, salary, or hours worked.
Whether an official is paid or unpaid, full-time or part-time, is irrelevant under the statute.
Election by the public is the defining characteristic.