The following resolutions were passed by the North & East Texas County Judges and Commissioners Association, representing 78 counties in the state of Texas, on June 8, 2005, during the Association’s annual conference.
No. 1: Thanks to the Host Court
WHEREAS, the annual conference of the North & East Texas County Judges and Commissioners Association was held in Nacogdoches, Texas, June 5-8, 2005; and
WHEREAS, the Honorable Commissioners Court of Nacogdoches County has hosted the North & East Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association has wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Nacogdoches County, the Fredonia Hotel & Convention Center, sponsors, contributors and exhibitors for their courteous and warm hospitality extended to each of us.
No. 2: Thanks to State and Local Associations and Friends of County Government
WHEREAS, the annual conference of the North & East Texas County Judges and Commissioners Association was held in Nacogdoches, Texas, June 5-8, 2005; and
WHEREAS, the members of the North & East Texas County Judges and Commissioners Association wish to acknowledge the expertise of the following and thank the following: Mr. James Allison of Allison, Bass & Associates, L.L.P.; County Progress Magazine; the Texas Association of Counties and Executive Director Sam Seale; Mr. Richard O. Avery and Ms. Stacy Hoefling of the V.G. Young Institute of County Government, Texas Cooperative Extension; the Texas Cooperative Extension agents’ professional associations; and the many other state and local associations, concerns 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.
No. 3: Memorial to Deceased Officials and Friends
WHEREAS, the following highly regarded members and friends of the North & East 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 North & East Texas County Judges and Commissioners Association has mourned the passing of:
Former San Augustine County Commissioner Jimmy Craig
Former Rockwall County Judge Harold E. Crawford
Former Coryell County Commissioner Hy Davidson
Former Bowie County Commissioner Paul Fannin
Former Cass County Commissioner Berry Frost
Former Milam County Commissioner V.W. Hauk
Navarro County Commissioner Olin Nickelberry
Smith County Commissioner Don Pinkerton
Former Camp County Commissioner Curtis Wall
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association members pause for a moment of silence and meditation to honor the memory of these respected individuals.
No. 4: 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 North & East Texas County Judges and Commissioners Association and its 78 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.
No. 5. Indigent Health Care
WHEREAS, legislation has been proposed regarding the Texas system of indigent health care; and
WHEREAS, some bills have 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 North & East 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 and alternatively requests that the state of Texas obtain additional federal funds through the Medicaid program.
No. 6. Opposition to Appraisal Caps and Revenue Caps
WHEREAS, the Texas Legislature is expected to return in Special Session to address the method by which public education is funded; and
WHEREAS, the state of Texas has during the past decade retreated from its historic level of funding for public education, thereby requiring local school districts to increase property taxes to fund education; 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, Texas homeowners and businesses need meaningful property tax relief, and
WHEREAS, the governor’s proposal to lower the existing cap from 10 percent to 3 percent on all property appraisals is not a true solution to the school property tax problem; and
WHEREAS, appraisal caps or revenue caps would diminish local control and tie the hands of county officials and limit their ability 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
WHEREAS, reducing appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in severe impacts 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 North & East Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local control and does hereby urge the Texas Legislature to reduce the school property tax burden by again assuming the state’s historic share of support for public education.
No. 7: 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 North & East 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
BE IT FURTHER RESOLVED that the Legislature appropriate sufficient funds to compensate counties for the full cost of implementing the indigent criminal defense program or repeal the program.
No. 8: Support of our President and Troops in War on Terrorism
WHEREAS, our nation is presently embroiled in a war on terrorism; and
WHEREAS, the security of our nation and our freedom is at risk;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association wholeheartedly supports our president and our troops in the war on terrorism.
No. 9. Special Commendation to Certain Legislators
WHEREAS, during the recent legislative session, certain legislators provided extraordinary leadership; and
WHEREAS, the courage of these legislators was demonstrated in the deliberations on appraisal caps and revenue caps; and
WHEREAS, these efforts prevented the imposition of these inequitable, inefficient proposals;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association extends its special commendation to all members of the Legislature who courageously opposed appraisal caps and revenue caps; and
BE IT FURTHER RESOLVED that Rep. Fred Hill, Rep. Carter Casteel, and Rep. Mike Villarreal be especially recognized for their leadership on this important issue.