Local Office Guide 2026

By JD Sanford | January 11, 2026

KBAD members have drafted this short guide to help voters understand the responsibilities of each local office that will appear on the ballot in Hays County in 2026.

Make sure you know understand each office to make an informed decision when voting!

 

TEXAS STATE REPRESENTATIVE

State representatives play a vital role in our democratic system, serving as the voice of their constituents and working towards the betterment of their respective states. Duties and responsibilities include:

  • Legislative Role: One of the primary responsibilities of state representatives is to propose, debate, amend, and vote on legislation that affects their constituents. They work closely with other lawmakers to draft bills that address pressing issues facing their communities.
  • Constituent Services: State representatives act as liaisons between their constituents and various government agencies. They assist individuals in navigating bureaucratic processes, addressing concerns related to education, healthcare, transportation, public safety, and more.
  • Budgetary Oversight: State representatives play a crucial role in the budgetary process by reviewing state agencies’ proposed budgets and advocating for funding priorities that align with the needs of their districts.
  • Committee Work: State legislatures typically have committees dedicated to specific policy areas such as education or transportation. Representatives serve on these committees to analyze proposed bills related to their assigned topic areas and make recommendations for or against them.

 

COUNTY JUDGE

The county judge in Hays County is the presiding officer of the governing body of a county government - the five-member county commissioners court.

Together with the four county commissioners, the county judge sets the tax rate, policies, and budget of the county. Each county judge is a voting member of the commissioners court.

Additionally, the county judge is the ceremonial head of county government and wields certain administrative and emergency powers.

Additional Powers and Duties include:

  • proposing and voting on county budgets, policies and practices,
  • appointing the members of countywide boards and commissions.
  • calling elections, posting election notices, and receiving and canvassing election returns.
  • performing marriages.
  • receiving and approving bonds and sureties for various county concerns.

 

COUNTY COMMISSIONER

Commissioners courts are the governing bodies of Texas counties, akin to county councils or boards of supervisors in other states. The county commissioners court conducts the general business of the county, including:

  • proposing and voting on county policies and practices,
  • adopting and overseeing the execution of the county’s budget and tax rate,
  • building and maintaining county roads & bridges,
  • authorizing and overseeing execution of contracts,
  • filling vacancies, and
  • setting salaries and benefits of county employees.

Each commissioners court in Texas has five members: the county judge and four commissioners. The commissioners court fulfills a mix of legislative and executive functions, and the judge may fulfill judicial functions. Despite the name, Commissioners Courts do not have judicial powers. The County Judge, while presiding at the Commissioners Court, does not render judicial rulings.

 

DISTRICT ATTORNEY

District attorneys handle and prosecute criminal cases in all the state district courts and in appeals from those courts to appellate courts.

Specific tasks of districts attorneys include:

  • Advise law enforcement on legal procedures and due process matters.
  • Review police reports to determine if charges should be filed.
  • Determine whether to dismiss cases due to lack of evidence.
  • Draft and file formal charges in court.
  • Present evidence to grand juries to obtain indictments in felony cases.
  • Interview and prepare witnesses.
  • Negotiate plea deals with defense attorneys.
  • Argue appeals in appellate courts when necessary.
  • Ensure compliance with due process rights.
  • Supervise junior prosecutors, investigators, and administrative staff.
  • Manage the office budget, funding allocations, and resource distribution.

District attorneys generally do not handle misdemeanor criminal cases, which are prosecuted by county attorneys in county courts.

In addition to their primary role as criminal prosecutors, District Attorneys play a role in certain family law cases. Specifically, they may represent the Department of Family and Protective Services in child protection cases. They also can act on behalf of victims in cases of domestic violence, by asking courts to issue protective orders.

 

DISTRICT CLERK

The District Clerk provides several services for the residents of Hays County. The district clerk is the custodian of court records and supports the operations of district courts.

Comprised of an elected District Clerk and staff, the office is responsible for:

  • Providing records of the District Courts’ proceedings.
  • Processing legal documents.
  • collecting filing fees.
  • Administratively supporting the respective courts and judges.
  • Manages jury services, including summoning jurors and maintaining jury records.
  • Assists the public with access to court records and information.
  • Processes requests for certified copies of documents and manages public information requests.
  • Coordinates the logistics of court proceedings, including scheduling hearings.
  • Works closely with judges and attorneys to facilitate court operations.

 

COUNTY TREASURER

The elected Hays County Treasurer acts as the chief liaison between the County and

depository banks.

The Treasurer:

  • is the custodian of all money collected by the county
  • is the custodian of all taxes collected to pay principal of and interest on bonds issued.
  • works closely with the Hays County Auditor’s Office to maintain

an accountable checks and balances system.

  • is designated as the County’s investment officer.
  • is required to submit regular reports on County finances to the

Commissioners Court.

 

COUNTY CLERK

The Hays County Clerk serves as the Clerk of the Hays County Commissioners Court and attends all regular and special meetings as the ex officio (or non-voting) member of the court.

The responsibilities of the County Clerk are:

  • Records all important public records including deeds, property records, marriage licenses, birth and death certificates.
  • Post notices of the agenda for each meeting
  • Register public speakers
  • Manage live video stream of court meetings
  • Take minutes of all court actions
  • Authenticate official acts of the court with the official Commissioners Court seal
  • Maintain all contracts, records, and formal actions taken by the court

 

JUDGE, HAYS COUNTY COURT-AT-LAW

The Hays County Courts at Law Judges have jurisdiction over all class A and B misdemeanor

criminal cases, juvenile matters, and civil cases filed in the County Courts.

These Courts also have jurisdiction in:

  • Probate matters.
  • Guardianship matters.
  • Mental commitments.
  • Traffic and other appeals from Justice and Municipal Courts.

Additionally, the County Courts at Law and the District Courts of Hays County have concurrent jurisdiction over civil cases in which the matter in controversy

exceeds $500.00 and does not exceed $250,000.00, excluding interest, statutory, or punitive damages and penalties, and attorney’s fees and costs, or alleged on the face of the petition, and all family law matters.

 

428TH JUDICIAL DISTRICT JUDGE

The 428th Judicial District Court Judge has original jurisdiction in all felony criminal cases, divorce cases, land title disputes, election contests, civil matters in which at least $200 is disputed or claimed in damages, as well as other matters. Duties include:

  •  Preside over criminal, civil, and family court cases
  • Interpret and enforce laws, regulations, and court decisions
  • Issue rulings, judgments, and orders
  • Conduct hearings, trials, and other legal proceedings
  • Ensure courtroom procedures are followed
  • Review legal briefs and other case-related documents
  • Instruct juries on applicable laws and legal standards
  • Evaluate evidence and witness testimony
  • Supervise court staff and administrative matters
  • Maintain judicial decorum and ensure a fair trial process

 

JUSTICE OF THE PEACE

Justice of the Peace Courts, also called justice courts, are lower courts that handle traffic cases and minor civil cases, including evictions and other landlord-tenant disputes, small claims, and debt claims. Each justice court is presided over by an elected Justice of the Peace (“JP”).

Constables serve as bailiffs (court security) for JP courts and serve civil papers on their behalf, unlike district and county courts, which rely on sheriffs.

Justices of the Peace have jurisdiction within the justice precinct in which they are elected, which is a subdivision of a county.

Justices of the Peace Courts have subject-matter jurisdiction over the following types of cases:

  • Traffic Misdemeanors
  • Minor Crimes punishable by fine only.
  • Small Claims: Cases where the amount in dispute is less than $20,000
  • Debt Claims: Cases where the amount concerned is less than $20,000
  • Repair and remedy
  • Evictions
  • Foreclosure of mortgages and enforcement of liens
  • Animal Control Cases
  • Truancy

Ceremonial and Administrative Duties include:

  • Performing wedding ceremonies.
  • Serving as the coroner in counties where there is no medical examiner.
  • Serving as an ex officio notary public.
  • Issuing occupational driver licenses.
  • Administering oaths and affirmations in various situations.
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