Texas County Progress

The Official Publication of the County Judges and Commissioners Association of Texas

Tornadoes Leave Devastating Wake in East Texas

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On April 29, nine tornadoes, some with winds as high as 160 mph, left a trail of destruction through Van Zandt, Henderson and Rains counties killing four people and injuring dozens. Hundreds lost everything.

“Where do I go for help/donations?” one victim posted on the Van Zandt County Tornado 2017 Facebook Page. “I lost my entire home/ranch and some animals.”

Van Zandt County created an official Tornado 2017 page sharing numbers for a Tornado Crisis Hotline and offering a list of resources including information on donations, shelters, victim assistance, volunteers, public housing and even chain saw sharpening.

As quickly as the tornadoes came, so did the volunteers.

“There is no way possible to thank all of the people helping with this disaster,” Van Zandt County shared May 5 on the Tornado page. “At the county’s command center this week we have endured hearing many painful disaster-related stories. Thankfully, those stories are quickly yielding to the reports of the many just amazing things that people from far and near are doing here in Van Zandt County.”

As of press time, the community was still in the midst of recovery, asking for specific items for the Donations Warehouse at the Van Zandt County Fairgrounds. For information on how you can help, please visit the Van Zandt County Tornado 2017 Facebook Page.

‘We Are Family’

Johnson County Commissioner Rick Bailey is well familiar with the devastating effects of such storms and offered the following thoughts to his fellow county officials:

North and East Texas has had its share of severe weather in recent years including large hail, damaging winds and tornadoes. The storms experienced in April by Van Zandt, Henderson, and Rains counties were a stark reminder of what we had here in Johnson County in May 2013 and again April 2015. We experienced an outpouring of help from volunteers, donations, and most importantly, the prayers of neighbors near and far. Various organizations, churches and local retail all came to the aid of victims and responders.

We in the North and East are family, and we know it could easily be any of us at any time. The devastation takes years to overcome. Our heartfelt prayers are with those in the affected counties.

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We Simply Wanted to Help

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 ‘Small’ Dream Creates Special Space for Medina County Children in Need

 

By Julie Anderson

Editor

Some thoughts are fleeting, while others burrow into our psyche until edged back to the surface by a person, place or thing. For Medina County Treasurer Debbie Southwell, the initial thought was inspired by a billboard.

According to the National CASA Association, more than 700,000 children experience abuse or neglect each year.

“Instead of playing with neighbors and making happy family memories, they’re attending court hearings, adjusting to new foster homes, and transitioning to new schools,” as explained on www.casaforchildren.org/. “That’s a heavy burden for a child to carry. With a Court Appointed Special Advocate (CASA) or guardian ad litem (GAL) volunteer dedicated to their case, America’s most vulnerable children will have someone speaking up for their best interests.”

The above message was encapsulated on a highway billboard in Medina County, and one day as Debbie Southwell drove by the billboard, the call for CASA volunteers gave her pause for thought.

“I should do that,” she kept telling herself.

Some 12 months after seeing the billboard for the first time, Southwell was attending a meeting at church. The scheduled speaker had to cancel, and the replacement presenter was the volunteer coordinator from the local CASA program.

“After the meeting, I called John from the parking lot and told him I was going to do it,” Southwell recalled, referring to her husband. “He said he wanted to become a CASA as well.”

“I should do this” turned into “I must do this,” and the Southwells began a journey that would have a powerful impact on the neediest of children in Medina County.

 

Helping Abused and Neglected Kids

“Debbie and John Southwell have a passion for children,” declared Medina County Judge Chris Schuchart, who first met the Southwells when he was a local attorney and John and Debbie became involved in CASA.

The relationship has carried over into their current roles – Schuchart as County Judge and the Southwells as co-founders and directors of Helping Abused and Neglected Kids, (HANK), a

501(c)(3) nonprofit corporation that grew out of the Southwell’s CASA connection.

While going through CASA training, John asked CASA’s executive director about Christmas plans for the children. The director said the money simply wasn’t there.

“We sent a fundraising letter to our friends and family about the situation and were able to raise $10,000, more than enough for Christmas presents for each child,” Debbie recounted.       On another occasion Debbie was visiting with some foster children when a little girl brought out her favorite toy to show Debbie.

“She proceeded to tell me that she had gotten it from a dumpster,” Debbie remembered. “It was broken, and it tore at my heart. I thought about the overabundance of toys the children in our families had, and this little girl was getting her toys out of a dumpster.”

Debbie visited with John about starting an organization to help these needy children, going a step beyond their CASA involvement.

“Our dreams were small in the beginning,” Debbie shared. “We simply wanted to help these unfortunate kids to have something ‘normal’ in their lives.

“Our idea was to pay for all the many things the state does not provide – band instruments, camp, graduation rings and photos – the kinds of things other children take for granted,” Debbie continued. However, the Southwells soon learned that beds to sleep in and clothes to wear were among the most requested items.

As they explored ways to help, the couple became aware of yet another plight these children often endured – removal from not only their homes, but also from their communities.

Abused children picked up by law enforcement and Child Protective Services (CPS) very quickly end up in licensed foster facilities or with relatives. At any given time during the year, Medina County has 160 to 280 children in foster care. Because of the lack of foster facilities in the immediate area, those children who aren’t placed with relatives are sent to San Antonio or other locations outside of Medina County, Schuchart reported.

“The loss of their friends, school, family, community – everything familiar to them – is very damaging to a child who is already physically or mentally damaged,” the Southwells stated.

The dream grew yet again, and boldly: Build eight group homes to allow the children to remain in familiar areas, attend their same schools, and stay close to non-offending family members and friends.

The first HANK home opened in Devine on April 28, 2016, and the second home is set to open this month in Hondo.

Here’s how it all began and continues to unfold:

  • October 2009 – submitted application for 501(c)(3) to form HANK.
  • May 2010 – received 501(c)(3) approval.
  • Early 2013 – John suggests opening foster homes in Medina County to keep the children in their hometowns.
  • April 2016 – foster home in Devine opened.
  • June 2017 – foster home in Hondo opened.
  • Current: Fundraising to begin for the third foster home to be located in Castroville. All homes are budgeted at approximately $150,000 each and are built to house foster parents and six children.

 

As the foster homes are being built, HANK also continues to serve its original purpose. HANK was designed to work very closely with the Department of Family and Protective Services and Bluebonnet Children’s Center, which includes the Tri-County CASA program and the Children’s Advocacy Center, to help provide items when other resources are not available – items such as beds, sporting equipment, band instruments, Christmas and birthday presents, school supplies, graduation invitations, etc.

“Every year since conception, we have fulfilled every request from CPS and Bluebonnet Advocacy Center,” Debbie detailed. “We have also provided school supplies and a Christmas party with gifts every year. HANK averages about $60,000 per year on all of this.”

Everyone involved in the HANK organization is a volunteer. The Southwells office at home with John running the organization and making purchases for the children and Debbie taking care of the bookkeeping.

County Connection

Schuchart had known the Southwells for years, and when he learned about the foster home initiative he found a way for the county to lend a hand.

Medina County purchased 3.5 acres located next to the jail from the city of Hondo and offered a long-term lease to HANK for roughly half an acre at a cost of $25 a year. A five-bedroom manufactured home is located on the site with ample space for a yard, parking and playground area.

“That’s our contribution,” Schuchart noted, “but the biggest part of the work is what the Southwells do and what their HANK board members do. They are all great people.”

These great people continue to boldly follow through on their dream for Medina County’s neediest, with two foster homes now established, a third in sight, and five more planned for the future.

For more information on HANK, visit http://hankforkids.org/hank-homes.html.

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155 Counties Receive $6.6 Million in Tobacco Money

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The Tobacco Settlement Permanent Trust Account Investment Advisory Committee (the Committee) approved $67 million for the 2017 tobacco settlement distribution. According to the distribution report published by the Department of State Health Services (DSHS), 155 counties received approximately $6.6 million in reimbursements during the month of April. Last year, 157 counties received $5.3 million.

Under the terms of a historic settlement negotiated in the summer of 1998, tobacco companies agreed to create a $2.275 billion fund for the benefit of “all hospital districts, other local political subdivisions owning and maintaining public hospitals, and counties of the State of Texas responsible for providing indigent care to the general public.”

At the outset, $450 million of the nearly $2.3 billion was deposited into a “lump sum trust account” and distributed to local entities over a three-year period. The remainder, approximately $1.8 billion, was deposited into a “permanent trust account” with local entities receiving yearly disbursements each spring from investment earnings.

In response to the economic challenges faced in 2009, the Committee recommended updates to rules related to the Tobacco Settlement Permanent Trust Account.  The revised rules, Texas Administrative Code, 34 TAC §18.2, were effective on March 24, 2011, regarding trust account distributions.

“These measures taken by the Committee serve to safeguard the trust during economic downturns such as the one experienced in 2009,” said Elaine McHard, manager of the DSHS Funds Coordination and Management Branch.

DSHS adds up eligible expenditures from all statements received to obtain a statewide total, according to the DSHS Tobacco Settlement Frequently Asked Questions/Answers at http://www.dshs.texas.gov/tobaccosettlement/faq.shtm. DSHS then divides that total into the individual statement amount submitted by each political subdivision. This determines the percentage that the political subdivision will receive out of the available tobacco settlement proceeds for that year. The use of the money is unrestricted, as the settlement agreement does not require that it be spent for a particular purpose.

DSHS certified the 2016 expenditure statements submitted by the eligible political subdivisions and published its distribution report in May 2017. According to the report identifying 2016 unreimbursed health care expenditures, hospital districts reported $2,971,377,728.30; eligible cities reported $1,495,074.00; and counties reported $327,815,024.80. Total expenditures reported by all eligible political subdivisions for 2016 were $3,300,687,827.10. The total 2016 distribution was $67 million.

For more information on the tobacco settlement, go to http://www.dshs.state.tx.us/tobaccosettlement/default.shtm.

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County Focus: District Clerk

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District clerks are called on to assure that the affairs of the district courts are maintained objectively with the full confidence of judicial authorities. Even though district courts are state offices, they have become an integral part of county government. The duties of the office are virtually all judicial and pertain to the district court. These duties are extensive and interface with each phase of the judicial process.

In counties with populations less than 8,000, a combination county/district clerk may be elected unless voters authorize separate offices. All new clerks, their deputies and employees must be bonded and insured against liabilities incurred through errors or omissions and loss from burglary, theft, robbery, counterfeit currency or destruction.

The primary role of the office is supporting the district court system; this role is essential to the court’s smooth operation. Depending on the makeup of the judicial districts in a county, a district clerk may serve one or more district courts whose districts include the clerk’s county. However, a single district court whose district includes multiple counties would be served by the various district clerks of each county.

The district court hears many types of cases including felony criminal, family, juvenile, delinquent tax and greater value civil cases. The district clerk is the official recorder, registrar and custodian of all court pleadings, instruments and papers that are part of any district court case.

Other duties include indexing and securing all court records, recording all court verdicts, collecting filing fees, and handling funds held in litigation and money awarded to minors. Often present in the courtroom, a district clerk files documents; administers oaths to defendants, witnesses and jurors; and assists the judge in managing the docket.

After a court case is filed, the clerk may be requested by an attorney or directed by court order to issue certain documents. Some of the documents issued may include a citation to notify a party that a case was filed, a warrant to have someone arrested, a protective order to keep someone from harm, a writ to garnish wages, an order to sell property, or an execution to have someone put to death. Any payable fees for processing these documents also are collected by the clerk’s office. These fees are then distributed to the proper state and local agencies on a monthly basis. The district clerk performs all of these duties from the time a case is filed through disposition, appeal and ancillary proceedings that may occur for many years after judgment.

Additional responsibilities include maintaining a list of court fines and jury fees. Included in the statement is the name of the party from whom a fine or jury fee was received, the name of each juror who served during the term, the number of days served, and the amount due the juror for the services.

The district clerk is the officer of the court in charge of the jury selection process and acts as a liaison between the jurors, courts and employers. This responsibility includes summoning, selecting, swearing and impaneling both petit and grand juries for district courts.

A significant number of miscellaneous duties are assigned to this office. These include accepting passport applications, taking depositions of witnesses, and administering oaths and affirmations. According to statutory requirements, the district clerk also gathers data and reports to many state and local agencies. This extensive reporting assists the county, the state and the Legislature in determining the proper operation of the courts, the effectiveness of the statutes, and the need for changes.

The office of the district clerk is responsible for receiving and disbursing child support payments in cases filed prior to 1994. With the implementation of Federal Welfare Reform legislation in 1996, district clerks have been working in cooperation with the Office of the Attorney General to implement a centralized State Disbursement Unit (SDU) for child support. Offices have the option to maintain customer involvement through local customer service, state case registry, and/or local disbursement of child support checks.

District clerks are required to attain 20 hours of continuing education during each calendar year that begins after election or appointment.

– By Richard O. Avery, Ph.D., County Relations Officer, Texas Association of Counties, Former Director, V.G. Young Institute of County Government, Texas A&M AgriLife Extension Service, The Texas A&M University System

County Focus: County Clerk

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County clerks perform various duties including serving as clerk of the county and Commissioners Courts and as the recorder of the county. In counties with populations less than 8,000, a combination county/district clerk may be elected unless the voters choose to elect separate offices. County clerks must be bonded prior to assuming office and must obtain an errors and omissions insurance policy for themselves and all deputies.

Most of the current duties of the office stem from an 1846 law that required county clerks to record “all deeds, mortgages, conveyances, deeds of trust, bonds, covenants, defeasances, or other instruments of writing, of or concerning any lands, and tenements, or goods and chattels, or moveable property of any description…” This law also stated that all marriage contracts, powers of attorney, and official bonds be recorded. Today, the majority of the duties still pertain to the receipt, custody and issuance of a wide array of documents, instruments, certificates, licenses and other official papers in addition to the clerk’s duties to the county courts.

As clerk for the County Commissioners Court, the county clerk or designated representative is required to attend all sessions and record all proceedings. The office is charged with keeping all books, papers, records and effects belonging to the Commissioners Court. Other duties may include assisting the County Judge in preparing the court agenda and posting notice for each court meeting. In addition, the clerk may handle correspondence for the court, assist the Commissioners Court members as they sit on special committees, and perform other services requested by the court.

As the clerk of the constitutional county court and county courts at law, the county clerk works with judges, defendants and jurors. These courts include at-law probate courts, mental health courts, juvenile courts and county criminal courts. The clerk’s duties in these courts are varied and include filing cases, issuing processes, maintaining minutes of proceedings, collecting costs and fines, and arranging for commitments and appeals. Jurisdictional transfers between county and district courts are also handled by the county clerk’s office.

The county clerk is responsible for administering all county and state elections, including early voting and primaries, unless the Commissioners Court has transferred this function to the tax assessor-collector or county elections administrator.

Various statutes, court opinions, and attorney general opinions detail the county clerk’s duty to serve as the county recorder. As the county’s recorder, the clerk’s role is to determine if a document is suitable for filing, and to file, record and index many different documents. The clerk also is responsible for developing and administering a records management program, ensuring the preservation of valuable and essential records, and cooperating and complying with the Texas State Library. All birth and death certificates as well as marriage licenses are maintained in this office. Additionally, the clerk acts as the liaison to the Bureau of Vital Statistics, a division of the Texas Department of Health.

Other record-keeping duties of the county clerk include recording all real estate instruments, subdivision maps/plats, financial records, elected officials’ monthly reports, federal and state tax liens, abstract judgments, juvenile records and military records. This position requires knowledge of a great many laws, recording fees, acknowledgment requirements and indexing.

The clerk also handles probate records, mental/chemical dependency proceeding records, and doing business under assumed names. The county records manager is in charge of filming and storage of all required county records from 1856 to present and must comply with state records retention mandates.

If a county does not have a county surveyor, the county clerk is to act as the custodian of the county surveyor records. All county officials who are required to execute a bond before undertaking the duties of office must have their bond kept and recorded in the county clerk’s office. Other responsibilities include maintaining records on all wills, probates, deed records, deeds of trust, liens and abstracts. Identification methods for all livestock must be recorded with the clerk of the county in which the animals are located.

A great deal of money is collected by this office in the form of fines, fees of court, and marriage license fees. Other collected fees include filing fees, costs for certified copies, court fees that stay in the county, miscellaneous copies, and beer license fees.

County clerks are required to attain 20 hours of continuing education during each calendar year that begins after election or appointment.

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