Texas Counties at Their Best

Throughout the challenges of the last few years, Commissioners Courts have shown time and again what it takes to keep “Texas Counties at Their Best,” the theme of the 2018 Annual State Conference.

The County Judges and Commissioners Association of Texas convened in Montgomery County Oct. 8-11, where officials discussed the latest topics affecting grassroots government, passed a comprehensive slate of resolutions, and welcomed new Association officers.

Throughout the educational meeting, speakers offered their perspective on the character and determination county officials are known for.

TAC Executive Director Gene Terry received the County Service Award from the CJCAT. Terry, second from left, is pictured with 2017-18 CJCAT Officers Woody Gossom, Wichita County Judge; Alma Moreno, San Patricio County Commissioner; and Chuck Statler, Taylor County Commissioner.

“County government is compassionate,” declared Texas Association of Counties Executive Director Gene Terry. “You are compassionate.”

During his keynote address, Terry encouraged Judges and Commissioners to continue to demonstrate the value of local decision-making in the midst of a prolonged attack on local control.

Terry alluded to the contentious nature of the last legislative session and applauded members of Commissioners Court for remaining dedicated, honest, and courteous while striving to protect their local taxpayers.

The CJCAT presented Speaker of the House Joe Straus with the Outstanding Public Service Award. Straus, left, is pictured with 2018 CJCAT Legislative Committee Chairman Robert Johnston, Anderson County Judge.

Speaker of the House Joe Straus echoed Terry’s praise of local elected officials who are rising above politics and putting their constituents first.

“Most of you don’t have time to get caught up in the partisan fights playing out on cable TV because you’re too busy actually solving problems,” Straus told those gathered at the conference. “As many have said, there are no Republican roads or Democratic low-water crossings.

“But all of us do have a role to play in making politics better in this country, and it starts with men and women in the arena who speak with credibility,” Straus continued, “who can find the right balance between conviction and compromise, and who stay true to their principles.”

Former Grimes County Judge Ben Leman, now a state representative, shared his commitment to local control, saying he is looking forward to “bringing that piece of that puzzle, that lens, that perspective of how local laws affect county government” to the table in Austin.

“Local control, to me, is the cornerstone of our way of life,” Leman emphasized.

State Sen. John Whitmire closed the Opening General Session with an enthusiastic call to “rededicate yourselves coming out of this conference” to hold lawmakers accountable, to talk to them and educate them.

“Do your part,” Whitmire urged. “Right now, we’re not holding people accountable, so do your part!

Harris County Judge Ed Emmett, a former state representative, said his background as a legislator gave him insight on how to be “at your best” when working within Commissioners Court and with lawmakers.

“Get to know every one of your colleagues as a person – not as a Democrat or a Republican, but as a person,” Emmett recommended.

The former lawmaker acknowledged the tenuous relationship between some of those on the state level and local level.

“County government is an arm of the state,” he noted. “Since when has someone cut off their own arm?

“What happened to the idea that we are making the state better?” he asked. “Why are we the bad guy?”

In light of this tension, Emmett again suggested making a personal connection with those on the state level, all the while avoiding any temptation to permanentize an enemy and making sure to handle disagreements in a respectful manner.

While keeping an eye on Austin on behalf of local government, Commissioners Courts are diligently tending to the everyday needs of their communities whether it be the court system, emergency response, or infrastructure. The State Conference provided information on these important responsibilities, as well.

“You as Commissioners Courts have a duty to maintain a reasonably safe roadway, or warn the public of road hazards,” shared former Ector County Public Works Director Don Bonifay, P.E., during a session on the roles and responsibilities of the County Commissioner.

The county must take care of safety issues such as bridge ends, culvert ends, and edge drop-offs, Bonifay advised, but the county also has the authority to intervene when mail boxes, utility poles, trees, etc., placed by homeowners or business owners interfere with roadway safety.

Bonifay, now an engineering consultant for small West Texas counties, pointed to two attorney general opinions, in particular, that speak to specific road concerns:

• Opinion GA-693 addresses the authority of a Commissioners Court to remove obstacles from a county right of way: “Pursuant to its general control over all roads, highways, and bridges in the county, as provided for in section 251.016 of the Transportation Code, Commissioners Courts may remove or order the removal of objects in the county road right of way that create a safety hazard to the public.”
• Opinion JM-1,241 speaks to the authority of a county to trim, remove, or sell trees from county road rights of way, answering a specific question from Harris County: “Subject to the terms of the conveyance, dedication, condemnation judgment, etc. under which the right of way was acquired, the Harris County Commissioners Court generally has authority for right of way purposes, to remove and dispose of trees or shrubs from the public right of way easement of a county road or prevent their planting without compensation to the fee owner…”

Bonifay also addressed the pressing safety concerns in high-growth areas such as those affected by the current oil boom. For more information, you may view Bonifay’s presentation at https://www.county.org/Education-Training/Event-Presentations.

The 96^th Annual Conference closed with the Association Business Meeting and Luncheon Banquet, where the membership thanked Immediate Past President Alma Moreno, San Patricio County Commissioner, for her years of dedicated service and welcomed incoming President Robert Johnston, Anderson County Judge.

The 97th Annual County Judges and Commissioners Association of Texas Conference will take place Oct. 7-10, 2019, at the Moody Gardens Hotel and Convention Center in Galveston County. HH