The following resolutions were passed by the West Texas County Judges and Commissioners Association, representing 118 counties in the State of Texas, on March 27, 2008, during the Association’s annual conference.
Thanks to the Host Court
WHEREAS, the annual conference of the West Texas County Judges and Commissioners Association was held in Fort Worth, Texas, March 25-28, 2008; and
WHEREAS, the Honorable Commissioners Court of Tarrant County has hosted the West Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association has wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Tarrant County, Hilton Downtown Fort Worth, sponsors, contributors and exhibitors for their courteous and warm hospitality extended to each of us.
Thanks to State and Local Associations and Friends of County Government
WHEREAS, the annual conference of the West Texas County Judges and Commissioners Association was held in Fort Worth, Texas, March 25-28,
2008; and
WHEREAS, the members of the West Texas County Judges and Commissioners Association wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Associates, L.L.P.; the Texas Association of Counties and Executive Director Karen Norris; the Texas Association of Regional Councils and Director Penny Redington; the V.G. Young Institute of County Government, a part of Texas AgriLife Extension Service, Director Richard O. Avery, and Extension Program Specialist Stacy Morris; the Texas AgriLife Extension Service agents’ professional associations; County Progress Magazine; and the many other state and local associations and people who have all been so helpful to county government;
NOW, THEREFORE, BE IT RESOLVED that this Association thanks all of these individuals and their staffs for their past, present and future help on behalf of county government.
Memorial to Deceased Officials and Special Friends
WHEREAS, the following highly regarded members and friends of the West Texas County Judges and Commissioners Association are deceased; and
WHEREAS, the Association desires to pay appropriate respect to these members and friends; and
WHEREAS, since our last conference, the West Texas County Judges and Commissioners Association has mourned the passing of:
Former Dawson County Commissioner J.E. Airhart
Former Gray County Judge Don Ezell Cain Sr.
Former Dallam County Judge Wilson Cowen
Former Floyd County Commissioner Kay Crabtree
Former Borden County Commissioner Frank Currey
Former Dallam County Commissioner Bernard Eads
Former Hansford County Commissioner Weldon Green
Former Bandera County Commissioner Adren R. Heisler
Former Ector County Commissioner Bryan Henderson
Callahan County Commissioner Tommy Holland
Lynn County Commissioner Don Wayne Morton
Former Stonewall County Commissioner J.D. Parker
Former Ward County Commissioner Bill Welch
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association members pause for a moment of silence and meditation to honor the memory of these respected individuals.
Opposition to Unfunded Mandates
WHEREAS, Texas counties are responsible for the operation and management of many and various governmental programs as required or authorized by law; and
WHEREAS, some county government programs are fully or partially supported with funds disbursed by the State of Texas pursuant to the state appropriations process; and
WHEREAS, the State of Texas, acting through the Texas Legislature or through a state agency or executive order, may enact laws or promulgate rules that have the effect of imposing mandatory financial obligations upon Texas counties; and
WHEREAS, the State of Texas, through the Texas Legislature or through a state agency or executive order, mandates that counties implement certain governmental programs or perform certain duties and obligations including financial commitments by a county to expend county funds in connection therewith; and
WHEREAS, during each regular session of the Texas Legislature, all state funds that support county programs are reviewed through the state appropriation process and by other state budgetary review systems; and
WHEREAS, the aforementioned review process may result in a reduction, or cessation, of state financial support of county government programs causing an unforeseeable disruption and reduction of the county budget and operations; and
WHEREAS, Texas counties cannot achieve reliable financial planning and the necessary bond ratings sufficient to support county-related obligations when the state mandates a new program that is not fully funded or under conditions where the state reduces or fully withdraws prior funding and disbursement for county government programs;
NOW, THEREFORE, the West Texas County Judges and Commissioners Association and its 118 current members do hereby resolve that for the foregoing reasons, it is in the best interests of Texas counties and their taxpayers to support and favor the passage of legislation, including an amendment to the Constitution of the State of Texas, that would expressly prohibit the imposition of a mandatory governmental program on Texas counties, whether by an act of the Texas Legislature or a state agency or by executive order, unless the State of Texas has fully funded and disbursed all necessary funds to enable Texas counties to operate said governmental program.
State-Imposed Property Tax Increases
WHEREAS, the Texas State Constitution prohibits the Texas Legislature from levying a property tax; and
WHEREAS, indigent health care is the state’s responsibility; and
WHEREAS, indigent criminal defense is the state’s responsibility; and
WHEREAS, the costly voting machines mandated and partially paid for by the federal government will be an added expense from now on; and
WHEREAS, counties can implement some government programs and perform some duties more effectively than the state government, and counties should be reimbursed for their expenses for state responsibilities; and
WHEREAS, while we believe that indigents should be helped and provided for, we do not believe this burden should be the responsibility of only the county property taxpayers; and
WHEREAS, a county’s primary source of raising money is through property tax, and this is, in effect, the state levying a property tax to pay for mandated programs;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that any and all mandated programs be funded by the state; and
BE IT FURTHER RESOLVED, that we resist, by litigation if necessary, any further state attempts to compel local property tax increases and encourage the Legislature to study and authorize additional alternative revenue sources for counties.
Indigent Health Care
WHEREAS, during the past legislative session, revisions were proposed regarding the Texas system of indigent health care; and
WHEREAS, some bills proposed an assessment upon counties to support a regional indigent health care system; and
WHEREAS, such assessment would constitute an unfunded mandate, requiring property tax increases in those counties; and
WHEREAS, such regional systems would not be efficient or responsive to local taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association opposes any attempt to impose a mandatory assessment upon Texas counties to fund a regional or statewide health care system.
Federal Funding for Indigent Health Care
WHEREAS, Texas has relied upon hospital districts, counties, and public and non-profit hospitals to provide health care to our indigent citizens; and
WHEREAS, the State of Texas has failed to fully access federal Medicaid funds; and
WHEREAS, this failure of the State of Texas has forced local taxpayers to assume this burden through property taxes; and
WHEREAS, these federal funds are being fully utilized by other states;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the State of Texas expand its Medicaid program to obtain federal matching funds for indigent health care and relieve the property taxpayer of this unfair burden.
Opposition to Appraisal Caps and Revenue Caps
WHEREAS, in Regular Session the Texas Legislature considered proposals for revenue caps on counties and lower appraisal caps; and
WHEREAS, 60 percent of the average taxpayer’s property tax burden is due to school taxes while only 14 percent is due to county taxes; and
WHEREAS, appraisal caps or revenue caps would diminish local control and tie the hands of county officials and limit their ability to provide essential services to address the needs and emergencies of their citizens; and
WHEREAS, county government is already struggling to meet the demands of under-funded and unfunded state mandates such as indigent health care, indigent defense and federal mandates such as the Help America Vote Act and the Clean Air Act; and
WHEREAS, artificial appraisal caps or revenue caps will result in a shift of taxes from rapidly appreciating properties to those remaining relatively stable in value and to all non-residential properties; and
WHEREAS, appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in severe impact on county services; and
WHEREAS, undermining a property tax system based upon fair market value is questionable public policy and will result in a distorted, inequitable taxation scheme under which identical homes could be taxed at vastly different amounts;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local control and does hereby oppose any attempts to impose revenue caps or appraisal caps upon Texas counties; and the West Texas County Judges and Commissioners Association expresses its deep appreciation to Rep. Fred Hill, Rep. Jim Dunham, and all other legislators who opposed these unsound measures.
Indigent Criminal Defense
WHEREAS, indigent criminal defense legislation has required additional county taxpayer expense to provide indigent criminal defense services; and
WHEREAS, indigent criminal defense legislation has added administrative duties and reporting requirements to county offices; and
WHEREAS, the present appropriation is insufficient to reimburse the county for these mandated costs, with 65 percent of the costs being imposed on county taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the provisions of indigent criminal defense legislation be revised to simplify the administrative and reporting requirements and improve the efficiency of the indigent criminal defense program, and that formal criminal proceedings be initiated within 30 days in all criminal cases; and
BE IT FURTHER RESOLVED that the Legislature appropriate sufficient funds to compensate counties for the full cost of implementing the indigent criminal defense program and submit the program to full Sunset Review in 2009.
Mandatory Attorney Fees in Child Protective Services Cases
WHEREAS, the 79th Legislature’s Senate Bill 6 was amended in Conference Committee to mandate that counties provide attorneys to represent indigent parents in all Child Protective Services cases; and
WHEREAS, this unfunded mandate was added to this legislation without any notice or public hearing; and
WHEREAS, this legislation provided no funding for these additional services; and
WHEREAS, this mandate has been imposed upon county property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that mandatory representation in Child Protective Services cases be repealed unless fully funded by the State of Texas.
Local Option Development Authority
WHEREAS, Texas counties have very limited authority to implement a county development plan; and
WHEREAS, this lack of authority has caused inefficient and inequitable distribution of the transportation and infrastructure costs of new development;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that counties be granted local option authority to adopt county development plans, including subdivision density controls, and impose reasonable impact fees to fairly distribute the infrastructure costs for new development.
County Fees and Fines
WHEREAS, county fees and fines are a traditional source of funding for the support of local law enforcement, county detention facilities, and the court system; and
WHEREAS, counties have no other available sources of revenue except the over-burdened property tax; and
WHEREAS, the State of Texas has invaded these traditional county revenue sources by creating additional fees to be collected at the county level and forwarded to the state comptroller for state purposes;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that all fines and fees collected at the county level be retained by the county for local budget needs; and
BE IT FURTHER RESOLVED that the West Texas County Judges and Commissioners Association requests that an interim study be conducted to determine if the current fees and fines are adequate to fund their original purposes.
County Local Option Sales Tax
WHEREAS, county revenue sources are extremely limited; and
WHEREAS, under current statutes, counties are forced to rely upon property taxes to fund necessary services; and
WHEREAS, county taxpayers should have the option to adopt a local sales tax to reduce property taxes;
NOW, THEREFORE, BE IT RESOLVED, that the West Texas County Judges and Commissioners Association requests that the Legislature should amend the tax statute to allow the adoption of a county local option sales tax for the reduction of property taxes without imposing any additional revenue cap.
Opposition to Granting Powers to Municipal Utility Districts and Special Utility Districts
WHEREAS, Texas is one of the fastest-growing states in the Union; and
WHEREAS, Texas is expected to have a 75 million population at build-out; and
WHEREAS, city government and county government should have appropriate authority to regulate growth in their respective counties and cities; and
WHEREAS, special water districts and private water corporations have the means to furnish water and provide for growth in rural areas of the counties; and
WHEREAS, municipal utility districts and special utility districts have been improperly used by certain developers to avoid compliance with county and city infrastructure plans;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association opposes the Legislature granting additional powers to municipal utility districts and special utility districts.
Filing Deadline Conflict
WHEREAS, the current Election Code provisions result in filing date deadlines that occur on national and state holidays; and
WHEREAS, this results in considerable confusion and inconvenience to the public, candidates and filing officials;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature amend the Election Code to prevent filing deadlines that coincide with national or state holidays.
State Hospital System
WHEREAS, Texas counties are required to provide inpatient psychiatric services to meet the needs of the citizens of Texas; and
WHEREAS, the state hospital system has not been able to service court-ordered confinement and voluntary commitment to these fragile individuals needing care for their mental illnesses because rooms formerly used by patients are now dormant or being used for criminal inmates; and
WHEREAS, the state hospital system is frequently on diversionary status requiring law enforcement and families to transport individuals and loved ones to hospitals far from their home community for care; and
WHEREAS, there has been a substantial decrease in the number of private psychiatric inpatient care facilities in Texas leaving the responsibility of this level of care to the state hospital system;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the Texas Legislature increase the capacity in the state hospital system and increase the number of caseworkers and other professionals needed to provide mental health services to adequately meet the needs of the citizens of Texas.
Waste Tire Disposal Fee
WHEREAS, the State of Texas requires the collection of a waste tire disposal fee on all scrap tires left with a tire retailer; and
WHEREAS, the State of Texas does not utilize the full amount of this fee for the recycling or disposal of waste tires; and
WHEREAS, the continued collection of this fee provides incentive to consumers to improperly dispose of scrap tires; and
WHEREAS, many of these scrap tires are being deposited in county road drainage ditches and other environmentally unsafe locations; and
WHEREAS, the cost of removing these scrap tires is being unfairly placed upon local taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the State of Texas expand its program for the proper mandatory recycling or disposal of scrap tires and provide sufficient funding to operate the program.
State Driving License Fees
WHEREAS, the State of Texas has attempted to meet its budget needs by assessing additional fees on driving licenses for certain criminal violations; and
WHEREAS, this program has not produced the estimated revenue for the state; and
WHEREAS, this program has caused a tremendous increase in status offenses, such as driving while license suspended, driving while license invalid, and driving without insurance; and
WHEREAS, this program has resulted in additional pressure on the courts and the county jail; and
WHEREAS, this program is not beneficial to the citizens of Texas;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature abolish the additional driving license fees being assessed for certain criminal violations.
Appreciation for Emergency Appropriations for Costs Associated with the Constitutional Amendment Election
WHEREAS, the Texas Legislature included $5 million in emergency appropriations for costs associated with the special constitutional amendment election conducted in May 2007; and
WHEREAS, the cost of conducting this special election was an unfunded mandate and a burden to counties;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its appreciation for the $5 million appropriated to provide reimbursement to counties for expenses associated with the May 2007 special constitutional amendment election, and the West Texas County Judges and Commissioners Association especially commends Sen. Steve Ogden, Sen. Robert Duncan, Rep. Warren Chisum, Rep. Leo Berman, and Rep. Joe Heflin for their efforts to obtain this funding.
Supporting Expedited Development of Competitive Renewable Energy Zones in West Texas Including Infrastructure to Export Wind Power From West Texas
WHEREAS, the need for the United States to decrease its reliance on foreign sources of energy is widely recognized, and President Bush and Congressional leaders from both parties have called for increased development of renewable energy and other domestic sources of energy; and
WHEREAS, the cost of energy resources upon which Texas and the United States most heavily depend has increased dramatically during the past 12 months, including a 75 percent increase in the cost of crude oil and a 35 percent increase in the cost of natural gas; and
WHEREAS, the United States benefits from adding renewable resources such as wind energy to its portfolio of electric generation sources, as wind energy consumes no water, produces no emissions, and can provide low-cost electricity at stable pricing, providing a hedge against volatile pricing of fossil fuel-fired generation; and
WHEREAS, the Texas Legislature also recognizes the need for development of new sources of energy to meet Texas’ growing electricity demands, and the desirability of having some portion of such new energy come from renewable resources, which are abundant in Texas; and
WHEREAS, the Texas Legislature adopted Senate Bill 20 in 2005 directing the Public Utility Commission to designate Competitive Renewable Energy Zones in areas throughout the State with strong potential for production of cost-effective renewable energy, and further directing the PUC to ensure that transmission infrastructure gets built as needed to transmit electricity to market from such zones; and
WHEREAS, West Texas is blessed with a wind resource ideally suited for wind energy production that ranks West Texas among the best regions in the nation for cost-effective production of electricity from wind; and
WHEREAS, citizens of West Texas generally welcome large energy and infrastructure projects and the increased property tax base and economic development benefits such projects produce, and have limited alternative opportunities for economic development; and
WHEREAS, the current lack of transmission infrastructure to export wind energy from West Texas is preventing Texas from taking advantage of this abundant and inexhaustible natural resource, and depriving electricity consumers in Texas and elsewhere in the United States from the savings which can be achieved by tapping into this cost-effective resource; and
WHEREAS, delays in proceeding with the development of needed transmission infrastructure are beginning to diminish wind investor interest in West Texas and are beginning to undermine efforts to recruit the wind industry to West Texas;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association:
supports designation of Competitive Renewable Energy Zones in West Texas and requests that state officials act to develop these zones as expeditiously as possible; and
supports development of wind energy and other renewable energy projects in the county and in West Texas; and
supports construction of new transmission lines to transmit wind power from West Texas to consumers of electricity throughout ERCOT; and
supports construction of new transmission lines being contemplated by the Southwest Power Pool to export wind power from West Texas to consumers of electricity elsewhere in the United States; and
stands ready to help facilitate siting, permitting and development of such transmission lines and wind energy projects in West Texas.
Increase in Purchase Limit
WHEREAS, Texas counties are currently required to utilize competitive bidding or competitive proposal procedures for contract expenditures exceeding $25,000; and
WHEREAS, the competitive purchase limit for Texas cities was increased from $25,000 to $50,000 by the Legislature, effective September 1, 2007; and
WHEREAS, the county bid limit has not been changed since 1999; and
WHEREAS, due to the effects of inflation and costs of implementation of current purchasing procedures, the present bid limit has been rendered inefficient and burdensome; and
WHEREAS, the difference in bid limits between cities and counties has caused confusion among citizens, vendors, and public officials;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association of Texas does hereby request that the State Legislature increase the county purchase limit to $50,000, consistent with the limit for cities.
Opposition to Mandated Offices
WHEREAS, local government is the government closest to the people;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association urges that all legislation implementing new programs such as collection departments and drug courts be at the option of each local county government.
Texas Youth Commission
WHEREAS, the State of Texas has recently reduced the capacity of the Texas Youth Commission and closed several facilities; and
WHEREAS, the State has not provided sufficient funding for local detention facilities to meet the increased need; and
WHEREAS, the reduced capacity of the Texas Youth Commission has resulted in a lack of services for many delinquent juveniles;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the State Legislature provide sufficient funding for the Texas Youth Commission to meet the full requirements for secure detention of these juvenile offenders.
Livestock Protection
WHEREAS, there has been a tenfold increase in the loss of domestic livestock and wildlife due to predators; and
WHEREAS, almost every county in the State of Texas has a high degree of predation on domestic livestock and wildlife; and
WHEREAS, both domestic livestock production and wildlife production are vital to the Texas economy; and
WHEREAS, the costs of fighting predation are becoming greater;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association supports a $2.00 increase in the hunting license fees, with funds raised from the increase to be used to supplement efforts by the Texas Parks and Wildlife Department to protect domestic animals and wildlife from predation.