Texas County Progress

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

Highlights From The Woodlands

by

Texas Counties at Their Best

By Julie Anderson
Editor

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 96th 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

Panhandle County Judges and Commissioners Association of Texas 2018 Resolutions

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Appreciation to Hosts and Sponsors

WHEREAS, the Panhandle County Judges and Commissioners Association semi-annual meeting was held on September 6, 2018; and,

WHEREAS, the Texas A&M AgriLife Extension Service hosted the Panhandle County Judges and Commissioners Association in the most efficient and hospitable manner; and

WHEREAS, the law firm of Perdue Brandon Fielder Collins & Mott sponsored the catered lunch for the conference attendees and guests; and

WHEREAS, the Panhandle Chapters of the professional associations of County Extension Agents and Warren Cat sponsored the breaks for conference attendees and guests; and

WHEREAS, the businesses iDocket.com, Advanced Drainage Systems, Alliance for Community Solutions, Driskill Halfway House, Computer Transition Services, Inc. and Burns Architecture, LLC provided sponsorships for the conference; and,

NOW, THEREFORE, be it resolved that the Panhandle County Judges and Commissioners Association thanks all of the hosts, professional associations, sponsors and vendors cited above for their support and sponsorship of this conference.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

Resolution

Appreciation to Support Organizations

          WHEREAS, conducting the business of county government has become so complicated, affecting multi-million-dollar budgets, that it has become imperative that we, as elected officials, have sound, knowledgeable advice and assistance to navigate through the complex maze of state and federal laws, rules and regulations; and,

WHEREAS, the members of the Panhandle County Judges and Commissioners Association wish to acknowledge the expertise of, and thank the staff of, the Texas Association of Counties and its Executive Director, Gene Terry; Mr. Jim Allison, of Allison, Bass & Magee, LLP; the V. G. Young Institute of County Government; the Texas Association of Extension Agents; and, our local Extension Agents who have all been most helpful to county government;

NOW, THEREFORE, be it resolved that the Panhandle County Judges and Commissioners Association thanks these individuals and their staffs for their past, present and future help on behalf of county government.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Securing Borders

          WHEREAS, illegal immigration poses a threat to security,

NOW, THEREFORE, be it resolved that the Panhandle County Judges and Commissioners Association supports that the highest priority is to secure the borders from all foreign countries; and, urges the state and federal governments to make it a priority to secure the borders from all foreign countries.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

MEMORIAL TO DECEASED OFFICIALS AND FRIENDS

PANHANDLE COUNTY JUDGES AND COMMISSIONERS ASSOCIATION

Whereas, the following highly regarded members and friends of the Panhandle 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, Panhandle County Judges and Commissioners have mourned the passing of:

 

NAME OFFICE
Sandy Whittington Wife of Eddie Whittington, Hutchinson County

 

Now, Therefore, be it resolved that the Panhandle County Judges and Commissioners Association pause for a moment of silence and meditation to honor the memory of these respected individuals.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

RESOLUTION REGARDING MENTALLY ILL DEFENDANTS

          WHEREAS, Texas county jails, and especially rural county jails, are not equipped or staffed to handle mentally ill defendants; and,

          WHEREAS, the burden of housing mentally ill defendants has caused a hardship on county jail personnel and resulted in a budget strain on rural counties; and,

          WHEREAS, the constitutional duty to house and provide services to mentally ill defendants is the responsibility of the State of Texas; and,

NOW, THEREFORE, BE IT RESOLVED that the Panhandle County Judges and Commissioners Association requests that the State of Texas expeditiously handle cases where defendants have been deemed mentally ill to reduce the financial burden to the county and to provide needed services to mentally ill defendants; and, further requests that the State of Texas reimburse counties and their taxpayers for the costs incurred to provide services for mentally ill defendants.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution 

Resolution Opposing Encroachment on Local Decision Making

          WHEREAS, it is detrimental to local county governments when the state or federal government attempts to encroach on local decision making;

NOW, THEREFORE, be it resolved that the Panhandle County Judges and Commissioners Association opposes any attempt by the state or federal government to encroach on local decision making.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Resolution Opposing Unfunded and Under-Funded Mandates

          WHEREAS, state mandates without funding either increase property taxes or require a county to decrease services;

NOW, THEREFORE, be it resolved that the Panhandle County Judges and Commissioners Association supports a state constitutional amendment allowing a state mandate imposed on a county to have effect only if the state provides for payment to the county for the cost of the mandate.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Opposition to Revenue Caps

WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; 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, revenue caps would diminish local decision making 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, the demands on county budgets continue to increase including health care, motor fuel, road materials, and all other products and services purchased by counties; and

WHEREAS, artificial revenue caps will result in a shift of taxes from fluctuating properties, such as oil and gas, to those remaining relatively stable in value, such as residential properties; and

WHEREAS, revenue caps will not necessarily result in a reduction of property taxes but will result in a severe impact on county services; and

WHEREAS, proposed revenue cap legislation contains many provisions that will undermine a property tax system based upon fair market value and will result in a distorted, inequitable appraisal scheme under which higher value properties will avoid their fair share of the tax burden; and

WHEREAS, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without funding, repealing and prohibiting state under-funded and unfunded mandates;

NOW, THEREFORE, BE IT RESOLVED that the Panhandle County Judges and Commissioners Association does hereby express its opposition to revenue cap legislation and its efforts to limit local decision making and does hereby oppose any attempts to impose additional revenue caps upon Texas counties, and the Panhandle County Judges and Commissioners Association expresses its deep appreciation to all legislators who oppose these unsound measures.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Support of Increased Funding for Indigent Defense from the State

          WHEREAS, the U.S. and Texas Constitution require that legal counsel be provided to indigent defendants; and,

          WHEREAS, the state has failed to meet its obligation required by the U.S. and Texas Constitution and has mandated that county taxpayers absorb proportionately 88% of the state’s responsibility; and,

NOW, THEREFORE, BE IT RESOLVED that the Panhandle County Judges and Commissioners Association supports the Texas Indigent Defense Commission’s efforts to increase the current funding levels by the State of Texas for indigent defense.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Support of Law Enforcement Officials

          WHEREAS, our law enforcement community is under attack across the nation; and,

          WHEREAS, the Panhandle County Judges and Commissioners Association wants to acknowledge our support for all law enforcement agencies (including Border Patrol and Immigration Customs Enforcement (ICE) officials); and,

NOW, THEREFORE, BE IT RESOLVED that the Panhandle County Judges and Commissioners Association wants to pay our respect to these dedicated public servants, and to express our respect and support as they put their lives in danger to uphold the laws of The State of Texas and the United States Constitution.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Support of Military Troops

          WHEREAS, our nation is presently embroiled in a war on terrorism and the security of our nation is a high priority; and,

          WHEREAS, it appears that the Trump Administration is supportive of our military troops; and,

          WHEREAS, the world is continuing to be a dangerous place; and,

NOW, THEREFORE, be it resolved that the Panhandle County Judges and Commissioners Association, supports our troops in all conflicts in the war on terrorism;

BE IT FURTHER RESOLVED that the Panhandle County Judges and Commissioners Association supports the Trump Administration in its effort to strengthen our military efforts in defending our country and borders.

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

Resolution

Supporting Rural Texas as a Valuable Part of the State’s Economy,
Production and Export of both Traditional and Renewable Energy

(Including Chapter 312 of the Texas Tax Code) and

Food and Fiber for our State and the World

WHEREAS, rural Texas population is greater than 20 of the United States, our 3,000,000 plus population is very important to Texas;

WHEREAS, rural Texas is where Texas Energy is produced, transported to market by trucks, railroads, pipelines and transmission lines, and infrastructure of all types are very important to our needs;

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 including the costly regulations being enacted by the EPA;

WHEREAS, the Texas Legislature has also recognized the need for development of new sources of energy to meet Texas’ growing demand for electricity, by directing the Public Utility Commission to designate Competitive Renewable Energy Zones in areas throughout the State that had the potential for production of cost-effective renewable energy;

WHEREAS, the Texas Legislature directed the PUC to ensure that transmission infrastructure was built as needed to transmit electricity to market and they accomplished that goal by having private companies build the CREZ transmission lines that travel 3,600 miles across rural Texas with no cost to the State.  These costs of approximately 7 billion dollars will be paid to the private builders over time by electricity users of the ERCOT grid and this initiative should be fully completed;

WHEREAS, rural communities across the State of Texas have seen their population get older and many of our young people are leaving to find jobs elsewhere, our greatest need is good jobs for our citizens;

WHEREAS, the Texas Economic Development Act, sometimes known as Chapter 312 and Chapter 313 of our tax code is the only effective tool we have to incent good jobs in rural Texas because small counties to not have the assets to hire professional economic development organizations;

WHEREAS, the Texas Panhandle, South Plains, West Texas and Rolling Plains and some South Texas counties need the energy activity, especially compared to the areas with higher population density, and are more attractive and suitable for it because this is where the energy is and we have less barriers and need for jobs;

THEREFORE, we pray that the current energy policies for wind, oil and gas and other commodities remain unchanged as well as renewal of Chapter 312 of the tax code, the Texas Economic Development Act;

NOW, THEREFORE, BE IT RESOLVED by the Panhandle County Judges and Commissioners Association that our Legislature hear our plea.

 

            PASSED on September 6, 2018.

 

PANHANDLE COUNTY JUDGES AND

COMMISSIONERS ASSOCIATION

 

__________________________________________

Commissioner Floyd French, President

 

__________________________________________

Judge DJ Wagner, Vice-President

 

__________________________________________

Commissioner Leon Church, Secretary/Treasurer

 

 

 

Sandra Bland Act

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Jail Commission, Counties Navigate New Mandates

By Julie Anderson
Editor

The Sandra Bland Act, passed by the 85th Texas Legislature, calls for a multitude of changes that are affecting and will affect Texas county jail operations and Minimum Jail Standards including education requirements, installation of specific equipment, and inmate access to health and mental health professionals.

Throughout the last year, the Texas Commission on Jail Standards (Commission) and Texas counties have been working diligently to comply with the new mandates including the adoption of rules and procedures and completion of required training.

To view the statute and the bill analysis in full, go to http://www.capitol.state.tx.us/, click on (85)R, and key in SB1849.

Important elements of the Sandra Bland Act, required deadlines, and actions taken to date are as follows:

Identification and Notification of Defendant Suspected of Having Mental Illness or Intellectual Disability to Magistrate

The Code of Criminal Procedure was amended to require the sheriff, “not later than 12 hours, rather than 72 hours, after receiving credible information that may establish reasonable cause to believe that a defendant committed to the sheriff’s custody has a mental illness or is a person with an intellectual disability, including observation of the defendant’s behavior immediately before, during, and after the defendant’s arrest and the results of any previous assessment of the defendant, to provide written or electronic notice of the information to the magistrate.”

     Key Change: The notification requirement is now 12 hours rather than 72 hours; this change went into effect on Sept. 1, 2017.

Diversion of Those Suffering Mental Health Crisis or Substance Abuse

The Code of Criminal Procedure was amended to require each law enforcement agency to make a “good faith effort” to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency’s jurisdiction if:

  1. there is an available and appropriate treatment center in the agency’s jurisdiction to which the agency is authorized to divert the person;
  2. it is reasonable to divert the person;
  3. the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and
  4. the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.

This new requirement went into effect on Sept. 1, 2017.

Grant Money for Community Collaboratives

The Sandra Bland Act amended the Government Code to require the Department of State Health Services to, depending on appropriated funds, make grants available to certain entities for the establishment or expansion of collaboratives to provide services to those experiencing homelessness, substance abuse issues, or mental illness. Language was also added to the statute requiring the development of plans for certain community collaboratives.

As of press time, these plans were still in development.

Release on Personal Bond of Certain Defendants with Mental Illness or Intellectual Disability

The Code of Criminal Procedure was amended to require a magistrate to “release a defendant on personal bond unless good cause is shown otherwise if the defendant is examined by the local mental health or intellectual and developmental disability authority or a certain other mental health expert, and an applicable expert, in a certain written assessment, concludes that the defendant has a mental illness or is a person with an intellectual disability and is nonetheless competent to stand trial, and recommends mental health treatment or intellectual disability treatment for the defendant, as applicable.”

This new requirement took effect on Sept. 1, 2017.

Safety of Prisoners

The Sandra Bland Act requires county jails to:

  1. give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day;
  2. give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day, or if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional; and
  3. install automated electronic sensors or cameras to ensure accurate and timely in-person checks of cells or groups of cells confining at-risk individuals. The Legislature created an account titled the Prisoner Safety Fund, and counties that operate a jail that is 96 beds or less may apply for grants to assist in paying for the capital improvement upgrades, such as electronic sensors and possibly cameras.

The Commission has “been provided direction from the authors” that any funds that are left over after fulfilling the installation of sensors or cameras may be used to assist counties (96 beds or less) with the equipment for the other two mandates, but not the ongoing operational cost, reported Brandon Wood, executive director of the Commission.

The deadline for the Commission to adopt rules and procedures regarding these new requirements was Sept. 1, 2018. The county must comply with these new requirements by Sept. 1, 2020.

     The Commission adopted rules §273.2(13) and (14) and §275.1, effective Aug. 26, 2018, which implement these components of the Sandra Bland Act as follows:

  • (13) provide procedures that shall give prisoners the ability to access a mental health professional at the jail through a telemental health service 24 hours a day and approved by the Commission by Aug. 31, 2020;
  • (14) provide procedures that shall give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional and approved by the Commission by Aug. 31, 2020.

On Oct. 2, the Commission sent a Technical Assistance Memo to all County Judges discussing telemental health care. The memo included the following language: In the coming months, the Commission will hold workshops to develop policies that will define compliance with this new rule and will inform jails of the policies. Some of the policies to be determined will be:

  1. What will inspectors look for to determine compliance?
  2. What is a telemental health service, and where can this service be found?
  3. Will a phone call to a mental health professional be compliant?
  4. Must the telemental health care be delivered via computer?
  5. Must the inmate be able to see a live video of the mental health professional?
  6. Must the Commission approve the equipment?
  7. Must jails comply if they currently have onsite mental/medical?

Prisoner Safety Fund

Approximately $1 million was appropriated to the Commission for the Prisoner Safety Fund; the grant fund became operational in September 2017 with the first disbursement going to Bosque County in June 2018. Counties are being reimbursed on a case-by-case basis upon review of itemized documentation indicating the cost of equipment and installation.

The Commission has contacted County Judges, jailers, and sheriffs in eligible counties regarding the grant application and reimbursement process, explained Bobby Ratra, grant coordinator for the Commission.

As of press time, there were 50 counties already in compliance without requesting funding, reported William Turner, research specialist with the Commission. Eight counties have received a total of $38,500 in funding. Over 50 counties have submitted or are in the process of submitting requests for funding, which will total approximately $155,000.

For more information on the Prisoner Safety Fund, please contact Ratra at bobby.ratra@tcjs.state.tx.us or Jason Ross at jason.ross@tcjs.state.tx.us.

Continuity of Medications

The Commission shall adopt reasonable rules and procedures establishing minimum standards regarding the continuity of prescription medications for the care and treatment of prisoners.

The Commission adopted rule §273.2(12), effective Jan. 1, 2018, which implemented this component of the Sandra Bland Act as follows: Provide procedures that shall require that a qualified medical professional shall review as soon as possible any prescription medication a prisoner is taking when the prisoner is taken into custody.

Serious Incident Report

On or before the fifth day of each month, the sheriff of each county must report to the Commission any of the following incidents that happened in the county jail during the prior month:

  • suicide;
  • attempted suicide;
  • death;
  • serious bodily injury, as that term is defined by Section 1.07, Penal Code;
  • assault;
  • escape;
  • sexual assault; and
  • any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal Code.

The new rule became effective Jan. 1, 2018, and the first reports were due on Feb. 5, 2018, covering the previous month, Wood said.

Death in Custody Investigation

On the death of a prisoner in a county jail, the Commission shall appoint a law enforcement agency, other than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible.

While counties may have their own criminal investigators or internal affairs divisions investigate deaths in custody, the Commission is mandated to appoint an independent, outside agency to investigate the death.

The Commission adopted rules 269.5(A), (B), and (C) effective Jan. 1, 2018, as follows:

Deaths in Custody

(A) The Texas Commission on Jail Standards shall be notified of all deaths of inmates while in the custody of sheriff/operator within 24 hours of the death.

(B) The Commission shall appoint a law enforcement agency, other than the local law enforcement agency that operates the county jail, to investigate the death.

(C) Upon conclusion of the investigation by the designated law enforcement agency, the report shall be submitted to the Texas Commission on Jail Standards.

The Commission also approved and is implementing a list of independent investigators.

Jail Administrator Examination

The Government Code was amended to require the Texas Division on Law Enforcement (TCOLE) to develop and the Commission to approve an examination for county jail administrators.

The sheriff of a county must perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this new section of law.

Anyone serving as a jail administrator on or before March 1, 2018, will be grandfathered and not required to take the exam. However, if a jail administrator transfers to another county, or a new or incoming sheriff appoints the existing jail administrator to the same position, the exemption does not apply, and the administrator must take the exam.

The Commission adopted rule 275.8, effective March 1, 2018:

  • Jail Administrator Examination. A person appointed to the position of Jail Administrator after March 1, 2018, is required to satisfy the requirements of the Jail Administrator Examination as required by Texas Government Code §511.00905. A person appointed as Jail Administrator must satisfy this requirement within 180 days of his/her appointment. If the person appointed as jail administrator is unable to satisfy the requirements of the examination, he/she shall be immediately removed and may not serve as the jail administrator until he/she satisfies the examination requirements of this section.

As of press time, 323 jailers had taken and passed the exam.

Jail Training – Mental Health Course

The Occupations Code was amended to require that county jailer training include at least eight hours of mental health training approved by TCOLE and the Commission. Current license holders have until Aug. 31, 2021, to take an approved eight-hour course.

The new law requires the Commission to employ three mental health trainers who will be responsible for teaching the mental course in their assigned regions.

The training will be at no cost to the county.

The Commission has hired three staff members to conduct the training. As of press time, 6,298 actively appointed jailers (temporary and permanent) had completed the TCJS Mental Health training. To put this in context, there are 23,058 licensed jailers in Texas and 2,621 with a Temporary Jailer License, Turner explained.

New Training Requirement for Law Enforcement Officers

The Occupations Code was amended to require TCOLE, as part of the minimum curriculum requirements, to require an officer to complete a 40-hour statewide education and training program on de-escalation and crisis intervention techniques to facilitate interaction with persons with mental impairments. The new language also requires TCOLE, as part of the minimum curriculum requirements, to require an officer to complete a statewide education and training program on de-escalation techniques to facilitate interaction with members of the public, including techniques for limiting the use of force resulting in bodily injury.

To read more about this requirement, please see the statute: http://www.capitol.state.tx.us/, click on (85)R, and key in SB1849.

Important Reminders

Wood has fielded a multitude of questions from officials across the state and has offered the following suggestions:

  1. The law does not require electronic sensors or cameras for each and every cell, “so be mindful of that statement from vendors,” Wood emphasized. The agency will be conducting a survey to assist counties in determining if they already comply or what they will need in order to comply.
  2. Regarding the eight-hour course for jailers: This course is free and will be conducted across the state over the next four years. “Make sure your jailers do not wait until the last moment to attend one of the classes,” Wood cautioned. Regarding jail administrators who are grandfathered in, “we encourage all of them to take the exam as it helps promote professionalism within their profession and demonstrates competency.”

To view the Minimum Jail Standards, go to https://www.tcjs.state.tx.us/ and click on TCJS Resources. *

What You Wish Your Constituents Knew

by

About County Government, the County Budget, and the Property Tax

Per reader request, we publish this article several times a year. We receive regular calls asking for permission to reprint and/or share this story with local community groups and constituents. We welcome you to use this article to help educate the public you work so diligently to serve.

By Julie Anderson

Editor

What is County Government?

In the State of Texas, county government is a unit of state government often referred to as “an arm of the state.” However, county government also acts as a unit of local government. Consequently, county governments in Texas perform two basic functions:

  1. Carry out administrative and judicial responsibilities for the State of Texas.
  2. Carry out local government responsibilities for county residents.

County governments can only take those actions specifically authorized by state law. Equally important, Texas counties must do those actions required by state law. Unlike cities, counties have no general ordinance-making authority.

As a unit of state government, mandatory county government responsibilities include:

  • Set budget and appropriate tax rate to fund local government.
  • Conduct elections.
  • Process and maintain voter registration.
  • Provide for public safety.
  • Maintain and operate the court and jail system including provision for indigent legal defense.
  • Provide medical care for indigent county citizens.
  • Facilitate the issuance and recording of public documents.
  • Process motor vehicle registration and title transfers.
  • Collect and remit state motor vehicle taxes.
  • Provide local support for state agencies such as the Texas Department of State Health Services, Department of Public Safety, Texas Parks & Wildlife, and the Alcoholic Beverage Commission.

As part of their commitment to the local community, Texas county governments traditionally seek to provide more than mandatory services. County governments also provide funding for authorized discretionary or optional services, such as parks, community centers, libraries, senior centers, emergency medical and family services, and county fairs. Funds also may be used to support tax increment reinvestment zones, certain non-profits, and other special programs that enhance the quality of individual lives and the community as a whole.

Who is in Charge of County Government?

County government is governed by the County Commissioners Court, comprised of one County Judge and four County Commissioners. A major responsibility of the Commissioners Court relates to setting the county budget. As explained in Chapter 111 of the Local Government Code, Subchapters A, B, and C, the county budget officer may be the County Judge, the county auditor, or an appointee, depending on population. During budget development, the Judge and the Commissioners consider the funding necessary for county offices to carry out their mandatory duties. The Commissioners Court must fund these responsibilities first before deciding which discretionary services to provide.

Who Pays for County Government?

The taxpayer funds the majority of county government via the property tax, or ad valorem tax, which is the largest revenue source for Texas counties. About half of Texas’ 254 counties also receive funding from a local county sales tax, which when adopted allowed them to lower their property tax rate.

The county cannot levy an ad valorem tax in excess of 80 cents per $100 of property value for the county’s general fund, permanent improvement fund, road and bridge fund, and jury fund, combined. On top of the 80 cents, the county is authorized to levy a special road and bridge tax not to exceed 15 cents, and a farm-to-market/flood control tax not to exceed 30 cents; however, these taxes are subject to voter approval and must be credited to separate funds. The 80-cent general ad valorem tax and the 15-cent special road and bridge tax are authorized by Article VIII, Section 9, Texas Constitution. The 30-cent farm-to-market/flood control tax is authorized by Article VIII, Section 1-a, Texas Constitution.

Counties are also authorized by several statutes to levy certain special purpose taxes. However, these taxes when combined with the general fund tax may not total more than 80 cents per $100 assessed valuation.

Property tax rates across the state are as varied as the counties themselves, with some counties hovering in the 20- to 30-cent range, and others approaching or reaching the maximum.

In addition to the property tax and county sales tax, counties rely on fines and fees; intergovernmental revenue such as federal and state grants, contractual money, and statutory money from the State of Texas; miscellaneous revenues or transfers; and interest. However, the property tax is the most significant funding source of county government.

Sometimes, the State of Texas provides counties the necessary funds to administer state-mandated services. However, this is not always the case. When the State of Texas requires a service of a county but does not provide the necessary funding, this is called an “unfunded mandate,” whereby the county is forced to produce the necessary funding on its own.  This may present a challenge to counties when working on the county budget and may impact the final property tax rate.

The property tax rate is determined after county properties are appraised.

(For more on unfunded mandates, see the Unfunded Mandates Survey Report, published in the February 2018 issue of County Progress, also available at www.countyprogress.com.)

Who Conducts Property Appraisals?

Property appraisals are conducted by appraisal districts, which are charged with identifying and listing the value of all property in the county for taxation. The appraisal district is not part of the city, county, or school district. Rather, the appraisal district is an independent government. While state law created “centralized” appraisal districts, many counties retained the word “county” in their title, sometimes creating the perception that appraisal districts are part of county government. Again, appraisal districts are not a part of county government.

After identifying, listing, and appraising all taxable property within the county, the appraisal district certifies the tax roll. When the roll is certified, it means the property value has been agreed to or has not been challenged by the property owner. The Commissioners Court is not involved in any portion of the appraisal process.

How Does the County Set the Tax Rate?

The Commissioners Court approves the budget and sets the tax rate on the appraised properties to help fund the county budget and service any county debt.

Beginning in early August, taxing units take the first step toward adopting a tax rate by calculating and publishing the effective and rollback tax rates.

  • Effective tax rate. The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. If property values rise, the effective tax rate will go down and vice versa. The effective tax rate is a starting place. Commissioners Courts review how much money they required the previous year and determine if they need more or less.
  • Rollback tax rate. The rollback rate is a calculated maximum rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day-to-day operations, plus an extra 8 percent increase for those operations, in addition to sufficient funds to pay debts in the coming year. If a unit adopts a tax rate higher than the rollback rate, voters in the unit can circulate a petition calling for an election to limit the size of the tax increase.
  • Actual tax rate. Commissioners Courts set the tax rate based on how much money they will need to fund the county budget and service any county debt. In some cases, this may be the calculated effective tax rate or the rollback rate, but not necessarily so.
  • A concept called “truth in taxation” requires the taxing entity to post the proposed tax rate and conduct hearings if the proposed rate brings in any additional revenue to the entity.

This process is admittedly confusing and has created some common misperceptions:

Incorrect:   The county conducts appraisals.

Correct:     Central appraisal districts, which are not part of county government, conduct appraisals.

Incorrect:   Taxpayers should contact the Commissioners Court if they have problems with their appraisal values.

Correct:     Taxpayers should contact their central appraisal district.

Incorrect:   If the appraised value of my property goes down, then my taxes will automatically go down.

Correct:     If the county adopts the calculated effective tax rate, then the tax rate will be adjusted to bring in the same amount of money for the coming year that was on the tax roll in the last year. In this case, even though the appraised value went down, taxes would go up in order to bring in the same amount of revenue as the previous year.

Incorrect:   An increase in appraisal values is an automatic windfall for counties and other taxing jurisdictions.

Correct:     An increase in value is offset by an automatic lowering of the tax rate that the county must begin with, which is the effective tax rate.

Incorrect:   Counties can raise taxes as high as they want.

Correct:     The amount of taxes needed depends on how much the county needs to fund the county budget and service any county debt. If appraised values go down but budget needs go up, the tax rate will be adjusted to reflect this need. If a county adopts a tax rate higher than the rollback rate, voters can circulate a petition calling for an election to limit the size of the tax increase. **

 

Texas County News Reviews

by

North & East Texas

Bell County Commissioners Court approved an agreement with home security company Ring for the sheriff’s department to access video from residents who have installed the company’s cameras at their homes. “This allows us to go into a portal and ask to look at video from some of these neighbors…It’s turned into an effective law enforcement tool,” Deputy Chuck Cox told the Killeen Daily Herald.

Bowie County received a grant of $350,000 from the Northeast Texas Regional Mobility Authority for a feasibility study to connect Interstate 369 to I-30 and major U.S. highways.

Brazos County Commissioners Court approved a contract with Dallas architectural firm TreanorHL for design and construction management for a new kitchen at the detention center.

Coryell County Commissioners Court approved grants totaling $66,269 to nine fire departments in the county after the recent Harmon Road fire.

Denton County Commissioners Court awarded a contract to Arizona-based Sundt Construction to build Phase III of a new administrative complex – a $41 million office building of 89,225 square feet for several departments, Precinct 1 offices, and the Commissioners Court courtroom.

Grayson County Commissioners Court approved an agreement that will permit county dispatchers to work with Whitewright ISD’s newly formed, two-person police department.

Gregg County received a donation of equipment from the Christus Good Shepherd Health System that will substantially boost the storage capacity of the county’s information technology system and add multiple storage locations.

Harrison County converted the patrol division of the sheriff’s office from 9- to 12-hour shifts, according to the Longview News Journal. “I think (it) is a real benefit for public safety for Harrison County,” Sheriff Tom McCool said. The county received a grant of $150,000 from the Northeast Texas Regional Mobility Authority for a highway relief route through Marshall.

Jefferson County completed the first phase of its Hurricane Harvey restoration project in drainage district No. 6 with funding and technical assistance from the emergency watershed protection program of the USDA-Natural Resources Conservation Service.

Kaufman County Commissioners Court approved seven school resource officers from the sheriff’s office for the 14 campuses of Forney ISD. Commissioners Court also increased funding for Senior Connect to eliminate a wait list for Meals on Wheels.

Lamar County Commissioners Court approved an agreement with NCIC Inmate Communications of Longview for a telephone system at the county jail.

Leon County Commissioners Court was host to several members of the 4-H club who reported on their experiences in the local program. In other news, Commissioners Court approved a grant to the Brazos Valley Council on Alcohol and Substance Abuse.

Liberty County Commissioners Court approved a new security plan for the courthouse that will consolidate public entrances into one near the tax office that will be manned with security personnel and equipped with metal detectors and X-ray machines. The Liberty Vindicator said other doors will be emergency exits.

Milam County has an interim sheriff. Chief deputy Chris White was appointed by Commissioners Court after the death of Sheriff David Greene. The Temple Daily Telegram said Greene died July 20 while on vacation in Portland, Ore. In other business, Commissioners Court approved a total of $24,000 in donations to fire departments in the county and to the child protective services board from the district attorney forfeiture funds. Finally, tax abatements were awarded to Bitmain Technologies for its new $500 million data center in Rockdale.

Montgomery County Commissioners Court approved the addition of a deputy for the Precinct 1 constable’s office to serve as a school resource officer for Willis ISD.

Panola County Commissioners Court approved a tax reinvestment zone at the site of a proposed $125 million gas processing plant in Antioch by Enterprise Products Partners.

Smith County Commissioners Court approved tax abatements for Dragline Service Specialties, a division of Wyoming Machinery Co., for a $14.9 million project near Tyler that creates 88 new jobs. Commissioners Court also approved the purchase of fleet management software FleetWave from Fitchburg, Mass.-based Chevin and created a disaster relief fund to be administered by the East Texas Communities Foundation.

Upshur County renewed its agreement with Keefe Commissary Network as provider for the jail commissary.

Van Zandt County received a planning grant of $600,000 from the Texas State Historical Commission for restoration of the courthouse.

 

South Texas

Austin County Commissioners Court approved $9.5 million in certificates of obligation for renovation of the sheriff’s office and jail.

Bastrop County Commissioners Court approved $9.3 million in certificates of obligation to finance construction of a community center of 12,500 square feet and emergency shelter near Mayfest Park.

Bexar County enlisted 245 employees in the eight-week Walk Across Texas Health and Wellness Program. The participants walked more than 44,000 miles, including 2,730 miles by leading team Lady Bexars and 731 by leading individual Shannon Washington.

Brazoria County Commissioners Court approved $8.725 million in certificates of obligation to fund capital projects, including construction of a new satellite county office, rebuild of the animal control facility, renovations of the county museum, and a new parking lot.

Caldwell County Commissioners Court approved $6 million in certificates of obligation for capital improvements, including the sheriff’s office, voting equipment, and other projects. Commissioners Court approved purchase of ExpressVote, including hardware, software, pollbooks, and maintenance, from Election Systems & Software.

Galveston County Commissioners Court approved 24 additional sheriff’s deputies to serve as school resource officers at three school districts in the county – 15 additional deputies at Clear Creek ISD, eight at Texas City ISD, and one at Dickinson ISD. In addition, the Moody Foundation donated 200 ballistic helmets and 200 tourniquet kits for county deputies and constables.

Guadalupe County was declared a Purple Heart County. The Seguin Gazette Enterprise said Guadalupe is the 15th county in Texas (along with 38 cities) for this designation. “The contributions of men and women from Guadalupe County have been vital to maintaining the way of life for our citizens,” Commissioner Greg Seidenberger said. In other business, tax abatements were approved for an expansion by local manufacturer Minigrip.

Hays County Commissioners Court selected CP&Y Inc. to conduct an environmental study for expansion of State Highway 21. Commissioners Court also approved the purchase of an election management system with local and state funds from Tenex Software Solutions. In other news, Commissioners Debbie Gonzales Ingalsbe and Lon Shell are members of the new Community Partnership Committee for collaboration with the city of San Marcos and San Marcos ISD.

Medina County selected Houston-based Valdarrama Energy Services to conduct a survey of county buildings to determine possible budget savings on energy. Commissioners Court also selected Community Solutions to provide an intrusion detection system and fire and smoke detectors.

Nueces County Commissioner Carolyn Vaughn is chairing a committee working to restore the historic Ritz Theatre in downtown Corpus Christi.

Travis County opened its sobering center in partnership with the city of Austin. The center gives law enforcement and emergency medical staff an alternative destination for intoxicated individuals other than jail or a hospital. The county is providing a building and $1.7 million in annual funds.

Uvalde County officials expect the county’s new flood early-warning system to begin operating this fall. Sensors and monitors are being placed along the Frio, Nueces, and Sabinal rivers. The $554,000 project was partially funded by a grant from the Texas Water Development Board.

Victoria County Commissioners Court approved a contract with architecture and engineering firm PGAL to renovate a former downtown fire station, built in 1916, into a public safety building for the sheriff’s office.

Williamson County Commissioners Court approved a parks master plan that includes a proposed regional trail system. The parks department oversees 27 miles of hiking, biking, and running trails, and another 12 miles will be added in 2019.

 

West Texas

Andrews County Commissioners Court authorized $18 million in certificates of obligation to finance a new jail and sheriff’s office.

Archer County was approved for countywide vote centers for the Nov. 6 general election. The Archer County News said Archer is one of four counties in Texas with less than 100,000 people to receive approval.

Childress County Commissioners Court approved tax abatements for Misae Solar Park II by Excel Advantage, a project of 515 MW that the Red River Sun said will be the largest of its kind in the world. Construction on the first park was scheduled to start in September.

Crockett County Commissioners Court approved a reinvestment zone for High Lonesome Wind Power and the installation of a security system at the wellness center.

Gaines County Commissioners Court renewed the county’s contract for CodeRED emergency telecommunications service from Ormond Beach, Fla.-based OnSolve.

Garza County Commissioners Court approved an agreement with Flatland Abstract Co. to digitize and index property and land records prior to 2007.

Hockley County Commissioners Court approved an additional $200,000 for Covenant Hospital Levelland.

Lampasas County Commissioners Court approved the purchase of justice of the peace software iCon from NET Data of Sulphur Springs.

Midland County Commissioners Court approved the purchase and installation of additional software from TechShare for $900,000 for case management and electronic filing. In other news, Commissioners Court approved $11.8 million to organizations with written agreements from better-than-expected sales tax collections, including $5 million to Midland ISD, $2.5 million each to Midland College and Midland Memorial Hospital, $700,000 to the Midland Humane Coalition, and $100,000 to Chris Davidson Opportunity Park.

Moore County Commissioners Court authorized several maintenance projects at the airport partially funded with $50,000 from the Routine Airport Maintenance Program (RAMP) of the Texas Department of Transportation.

Parker County leads the state in new water wells drilled, according to the Weatherford Democrat. Upper Trinity Groundwater Conservation District general manager Doug Shaw said the district processed about 600 new well applications in 2017 compared to less than 50 for most counties. “There is a tremendous amount of water down there,” Shaw told the Democrat. “Does that mean it’s going to run empty any time soon? No. But it is something to be concerned about.”

Wichita County officials told the Times Record News they are finalizing a list of polling places to replace 16 schools previously used for casting votes. Wichita Falls ISD told Commissioners Court that schools were not available after the May 2018 elections for security reasons.

Wilbarger County Commissioners Court approved the use of FEMA’s Integrated Public Alert and Warning System for emergency notifications and warnings.

Young County Commissioners Court approved an agreement with the city of Olney to place a sheriff’s deputy in Olney while the city has only one full-time police officer.  Commissioners Court also transferred the county’s agricultural activity center with 1.35 acres to the city of Graham for possible use by parks and recreation. **

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