Cameron County v. Lone Star National Bank
In Cameron County v. Lone Star National Bank, 107 S.W.3d 853 (Tex. App.--Corpus Christi 2003, no pet.), the Court analyzed whether the Cameron County Attorney, one of appellee's predecessors, had standing to intervene in an action brought by a bank against Cameron County. 107 S.W.3d at 854-55.
Specifically, the Cameron County Attorney argued that she was entitled to intervene in the lawsuit without express approval of the Commissioners Court under section 41.009 of the government code, which allows the County Attorney to initiate proceedings against County officials who are entrusted with the collection or safekeeping of public funds and who neglect or abuse the trust confided in them. Id.; see TEX. GOV'T CODE ANN. 41.009 (Vernon 2004).
The dispute, brought in the form of a declaratory judgment action, centered on whether a depository contract between the bank and Cameron County was valid and legally binding. See Lone Star Nat'l Bank, 107 S.W.3d at 854.
The Court concluded that section 41.009 did not authorize the County Attorney to intervene in the suit because the record did not demonstrate that the Commissioners Court--using the Cameron County Civil Legal Division to defend against the declaratory judgment action--impinged upon the County Attorney's statutory duties. Id. at 854-55.