Upon taking their oaths of office, a slate of newly elected officials will join their veteran colleagues in a state-county partnership designed by the Texas Constitution. The March issue of County Progress Magazine will be dedicated to the newest members of Commissioners Court and will feature our special County Government 101 Section. Since Texas Legislature will already be in session, we consulted with your peers and Association staff to jumpstart our County 101 offering with an early discussion on the link between the county and the state.
As a part of the State of Texas, the structures and duties of county government are set forth in the Texas Constitution. As an arm of the state, Texas counties can only take those actions that are specifically authorized by Texas law. Equally important, Texas counties must take those actions that are required by law, such as maintain and operate the court and jail system, conduct elections, and provide for public safety. To make matters interesting, the state laws that authorize these actions are subject to change every two years.
The Texas Legislature convenes in a regular session on the second Tuesday in January of every odd-numbered year. These biennial sessions are limited to 140 days. The governor is authorized to call additional special sessions as necessary, which cannot exceed 30 days.
During its 2023 regular and four called special sessions, the 88th Texas Legislature passed 1,252 bills and adopted 14 joint resolutions after considering 8,616 measures filed.
The 89th Texas Legislature is set to meet Jan. 14 through June 2. Texas legislators began pre-filing bills on Nov. 12, 2024, filing 1,511 bills and resolutions on the first day alone.
How are County Judges and Commissioners expected to keep up with proposed legislation and the impact of passed legislation?
Some larger counties employ staff members or lobbyists to monitor the Texas Legislature. However, the majority of Texas counties and their elected officials rely on professional associations to comb through proposed bills, including last-minute amendments to legislation, and to help organize coordinated response when necessary.
The County Judges and Commissioners Association of Texas (CJCAT or the Association) is comprised of members of Commissioners Courts from across the Lone Star State. County Progress Magazine serves as the Association’s official publication. Page 4 features a message from CJCAT President Byron Ryder, Leon County Judge, and a listing of the CJCAT support staff. Page 6 includes the names of your State Association officers. These individuals are all part of the CJCAT legislative team, further described in Judge Ryder’s column on Page 4.
Of the thousands of bills and resolutions filed each year, an estimated 2,000 impact county government, reported CJCAT Senior General Counsel Jim Allison. Some bills need to be championed, while others need to be amended or opposed.
Allison writes a monthly column in County Progress that focuses on legislative issues during the session. Legislative team members also communicate with County Judges and Commissioners via a listserv, used to send general information and emergency alerts. To sign up for the listserv, sponsored by the Texas Association of Counties, email Michele Ewerz, michelee@county.org, or Michele Mund at michelem@county.org.
When an email is sent calling for a response from officials, the CJCAT support staff supplies contact information and talking points to consider. They also help coordinate visits with specific lawmakers and are available onsite to help navigate the halls of the Capitol, whether it be locating the right kiosk to register for or against a bill, registering to submit testimony, or finding the right hearing room.
What are the major county issues?
Professional associations usually develop a legislative platform, or a document that outlines an entity’s position on legislative matters and serves as a basis for support or opposition to proposed legislation.
Every year, the CJCAT conducts an annual conference. The membership votes on a set of Resolutions which become the Association’s Legislative Platform. The 2024 CJCAT Resolutions were passed by a unanimous vote in October and are available in this issue.
The Resolutions document is no doubt lengthy, but each Resolution originated from Commissioners Court, was discussed and developed by Resolutions Committee members, and addresses a high-impact issue, said CJCAT Program Director Rick Thompson.
To help explain the background of these resolutions, the CJCAT and County Progress have launched a series of Resolution Spotlights. This month’s installment addresses elections and countywide polling.
What are the specific roles of the County Judge and the County Commissioners in the Texas Legislature?
Perhaps the best person to answer this question is someone who has served both on Commissioners Court and in the Texas Legislature. Enter current State Sen. Sarah Eckhardt, a former County Commissioner and a former County Judge.
During the CJCAT conference in October, Eckhardt described Judges and Commissioners as representatives closest to the people, offering “boots-on-the-ground” leadership.
“You are the ones who get things done,” Eckhardt declared. “Most of the governing and innovation are happening at the local level.”
So back to the question at hand: What is your role? According to Eckhardt, the answer is communication.
Eckhardt urged Judges and Commissioners to reach out to their representatives and senators, communicate county concerns, explain how legislation will impact counties, be available to offer personal testimony, and when necessary, “turn out, show up, and speak out.”
Eckhardt addressed a tendency of state senators and representatives to make decisions that impact counties without first checking with counties, something she witnessed firsthand in her years in county government and continues to witness in Austin. Proactive communication may help mitigate this tendency.
While the relationship between the state and county can be tenuous at times, it doesn’t have to be. In fact, every year, the CJCAT applauds senators and representatives like Eckhardt for their hard work and dedication to local government.
“Certainly, in county government and at the legislature, we don’t do anything alone,” Allison observed. “We work as a team. County government is a subdivision of the state,” he reiterated. “A relationship with the legislature is critical.”
The CJCAT and its members are known in Austin for standing up for counties, Allison observed. Equally important is the reputation Judges and Commissioners have of working within the confines of courtesy and respect.
The communication between the state and county is ongoing. The interim period, or the months between legislative sessions, is ideal for not only developing personal relationships with lawmakers, but for entering into thorough dialogue on specific local concerns. The 140 days of the legislative session can become frenzied with little time for deep conversation. During the session, communication is often responsive in nature, letting lawmakers know quickly and concisely how proposed legislation will specifically impact taxpayers for good or for ill. In summary, this communication takes place through visits, phone calls, texts, emails, submission of written testimony, or presentation of personal testimony at the Capitol during hearings on specific bills.
“Please, when you are called upon to help, be willing to get involved,” Ryder urged. “It is very important that all of us participate in the legislative process.”
For more information on your role in the legislative process, email Rick Thompson at r.thompson@allison-bass.com.