Although some case law has been interpreted to deem commissioners courts subject to the "open courts" provision, the most often cited cases do not expressly state that proposition. See Rowan v. Pickett, 237 S.W.2d 734 (Tex.Civ.App.-San Antonio 1951, no writ); Swaim v. Montgomery, 154 S.W.2d 695 (Tex.Civ.App.-Amarillo 1941, writ ref'd w.o.m.); Tarrant County v. Smith, 81 S.W.2d 537 (Tex.Civ.App.-Fort Worth 1935, writ ref'd). Each of these cases held that commissioners cannot bind the county by their separate, individual action.
The district court correctly determined that the separate actions of individual members of the Board are not sufficient to bind the Board as an entity. Bee County v. Roberts, 437 S.W.2d 62, 64 (Tex.Civ.App. — Corpus Christi 1968, no writ); Rowan v. Pickett, 237 S.W.2d 734, 738 (Tex.Civ.App.-San Antonio 1951, no writ). Pursuant to the Bail Bond Act, the Board can take action only when a quorum of four members is present. Bail Bond Act § 5(d).