Texas County Progress

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

86th Texas Legislature

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County Judges and Commissioners will have the opportunity to actively exercise their role as partner to the State of Texas as the 86th Texas Legislature opens its 140-day session on Jan. 8.

By Julie Anderson, Editor

The Texas Legislature meets in a regular session every two years, convening on the second Tuesday in January of every odd-numbered year. These biennial sessions are limited to 140 days. The governor is authorized to call additional special sessions as necessary, which cannot exceed 30 days. The 86th Texas Legislature is set to meet Jan. 8 through May 27. Texas legislators began pre-filing bills on Nov. 12, 2018, filing 428 bills on the first day alone.

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From left: TAC legislative liaison Rick Thompson, CJCAT general counsel Jim Allison, and Wichita County Judge Woody Gossom, then president of the CJCAT, make their way to the Capitol building to visit with Rep. Garnet Coleman during the 85th Legislative Session.

Barely a week after taking their oaths of office, a slate of newly elected officials will join their veteran counterparts in exercising the county’s role as partner to the State of Texas.

“In taking this oath comes the responsibility of not only upholding the laws of our great state, but also to help guide lawmakers in the process of creating new laws,” shared Anderson County Judge Robert Johnston, president of the County Judges and Commissioners Association of Texas (CJCAT) and chairman of the CJCAT Legislative Committee.

Lawmakers will be asked to consider thousands of bills throughout the 86th Session, and the CJCAT will closely monitor all proceedings to champion and protect county government. As has been pointed out by lawmakers in the past, this Association and its Legislative Committee have a reputation for approaching every session of the Texas Legislature with resolve. For example, during the past few legislative sessions, local government officials and associations such as the CJCAT voiced spirited opposition to revenue caps. Consequently, multiple regular and special sessions adjourned without imposing these restrictions and cuts, due in large part to the heightened presence and significant voice of county officials and their supporters.

If early indications ring true, County Judges and Commissioners will need to rally once more.

“Based upon current information, revenue caps and unfunded mandates will again be the issues of primary concern,” reported Jim Allison, CJCAT general counsel. “Revenue caps have been proposed for each of the past nine sessions. While there is no justification for this proposed intrusion into local decision-making, it appears that the state leadership will continue to use this issue to blame local officials for rising property taxes,” Allison continued. “While school property taxes remain the greatest cost to local taxpayers, the state continues to shift more of the cost of education onto local property taxes.”

For the first time, a proposed constitutional amendment to prohibit future unfunded mandates passed the House of Representatives last session, Allison added.

“Whether the Senate will consider this proposal to limit the unfunded cost of state legislative actions remains to be seen,” he noted.

As indicated by the recap of previous sessions below, members of Commissioners Court who become engaged in the legislative process can make a difference.

“County Judges and Commissioners need to contact their state legislators before the start of the session to inform them of the effects of proposed legislation, especially revenue caps and unfunded mandates,” Allison urged.

One educational tool available to Commissioners Court members is the slate of resolutions passed by the CJCAT at the annual conference in October 2018. These resolutions can be adapted for local consideration and submitted to legislators (see page ?).

“However, there is no substitute for a personal visit, a phone call, or a letter from a county official,” Allison emphasized.

Jim Allison offers testimony on House Bill 4117 relating to the creation of a county jail telemental health fund in April 2017.

A Look Back at the 85th Session

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During its 2017 regular session, the 85th Texas Legislature enacted 1,211 bills and adopted nine joint resolutions after considering 6,631 measures filed. The Legislature enacted a further 12 bills during the special session held in the summer.

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Perhaps the best way to paint a picture of the last legislative session is to remember what several state lawmakers said both before and after the gavel fell. In October 2016 on the opening day of the CJCAT State Conference, then-Sen. Sylvia R. Garcia, a former Harris County Commissioner, issued words of caution to some 200 officials gathered in Galveston County’s Moody Gardens.

Garcia, now a member of the U.S. Congress, told Judges and Commissioners that she “has never before seen” such a predisposition against local control among state lawmakers and urged the audience to organize, engage, and “make sure you are heard” during the 85th Legislative Session.

Officials took Garcia’s message to heart, traveling by the dozens to the Capitol when called upon to testify against proposed revenue caps and other issues that would have a negative impact on counties. Members of Commissioners Court joined first responders and other city leaders for a press conference to explain how revenue caps could affect public safety and the ability to respond to disasters. County Judges and Commissioners drove hours and then waited hours – some staying well into the night – to make sure their voices were heard.

Fast forward to the 2017 CJCAT Conference. While the 85th session was in the books and revenue caps were defeated, local officials and lawmakers who appreciate the value of local decision-making were still discussing the contentious nature of the session.

Rep. Phil Stephenson and Sen. Juan “Chuy” Hinojosa, who each received the 2017 Legislative Award from the State Association for standing strong for counties, offered their perspective.

The State of Texas has forgotten that “local control is from the bottom up,” Stephenson shared. “Somewhere along the line we lost the point.”

Hinojosa echoed Stephenson, stating emphatically that legislators “have to give flexibility and authority to local communities to govern themselves.”

84th Session County Snapshot

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During its 2015 regular session, the 84th Texas Legislature enacted 1,323 bills and adopted seven joint resolutions after considering 6,476 measures filed.

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As far as county government was concerned, the introduction of revenue caps and an early hearing date set a negative tone as some lawmakers seemed intent on restricting local government. However, members of Commissioners Courts quickly jumped in.

“You packed the room, you got on the phones, and you sent faxes and emails,” Allison declared in a conference legislative recap. “With your work and the work of a great team in Austin, we escaped this session without revenue caps.

“You’re not known around the capitol as being potted plants,” Allison continued. “You speak up. You are heard.”

Thanks to the county voice, a negative tone was not synonymous with a negative outcome; rather, the session was a success for counties in that caps were defeated and very few unfunded mandates passed, Allison summarized. In addition, during this session lawmakers did authorize additional funding for mental health, indigent defense, and courthouse preservation.

TAC legislative liaison Rick Thompson joins Wichita County Judge Woody Gossom and CJCAT general counsel Jim Allison as they work the 85th Legislative Session.

A Glance at the 83rd Session

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During its 2013 regular session, the 83rd Texas Legislature enacted 1,437 bills and adopted 10 joint resolutions after considering more than 6,061 measures filed. The Legislature also enacted three bills during the first called session, two bills during the second called session, and one bill during the third called session.

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As with every legislative session, the CJCAT came to Austin with the overall goal of playing defense.

“No additional revenue caps, no additional appraisal caps, and the defeat of most unfunded mandates were important defensive accomplishments,” reported Allison after the session. However, the Association went on the offensive as well, making plays on mental health funding and transportation.

“We had a win-win,” Allison declared.

Lawmakers earmarked some $225 million to a transportation infrastructure fund via the 83rd Texas Legislature’s Senate Bill 1747.

DeWitt County Judge Daryl L. Fowler, who traveled to and from Austin multiple times to testify before lawmakers, described it as an “unprecedented move.”

“I argued for this in Austin until I was blue in the face,” Fowler later told fellow officials at an educational conference.

In a second offensive win for the CJCAT, legislators addressed mental health via House Bill 3793.

“When the largest mental hospital in a particular area is the county jail, then we have a problem,” Allison stated emphatically. “We had two priorities – mental health and transportation. Your emails, phone calls, and personal visits are what pulled us through, resulting in one of the best sessions we’ve ever had.”

Counties and the 82nd Session

Witnesses may sign in and register support or opposition to a bill using Senate kiosks located in the Capitol Extension hallway.

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During its 2011 regular session, the 82nd Texas Legislature enacted 1,379 bills and adopted 11 joint resolutions after considering more than 6,000 measures filed. The Legislature also enacted eight bills during the first called session.

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What a difference two years makes. While the 83rd Legislature would open with a budget surplus, a daunting deficit loomed over the 82nd. Experts predicted the 2011 Legislative Session would be defined by two issues: redistricting and the state budget deficit. They were right.

“These two issues will be the driving force and determining factor in all other issues,” maintained then-CJCAT President Don R. Allred, Oldham County Judge.

Because of the $20 billion-plus deficit, “we will be bombarded with all types of unfunded mandates,” predicted then-CJCAT Second Vice President Roger Harmon, Johnson County Judge. “All I can say is to batten down the hatches and be willing to fight like we have never had to in the past.”

The 82nd Legislative Session presented a particular challenge, with lawmakers seeking deep cuts and targeting dedicated funding. For example, proposed legislation originally zeroed out the Lateral Road Fund, meaning an elimination of $14.6 million, or 100 percent of the portion of the gasoline tax dedicated to county roads by the Transportation Code. Lawmakers also put forth elimination of Overweight Truck Permit Fees valued at $15 million; the fees from these TxDOT permits are dedicated to counties for partial reimbursement for overweight truck road damage.

County Judges and County Commissioners tag-teamed one another, accompanying CJCAT officers and Allison to the Capitol to present a united message. Facing cut after cut, local elected officials showed up both literally and figuratively, sending emails and faxes, making phone calls, and putting in personal appearances to safeguard their counties, their communities, and their taxpayers.

Officials sent a firm and consistent message: Infrastructure is critical. Roads carry our emergency vehicles, school buses, employers, and employees. When it comes to roads, we are in maintenance-mode, using every penny to support and repair an outdated and over-burdened transportation system. Officials repeated the message, broken-record style; when all was said and done, both funds were fully restored.

When the 82nd Session of the Texas Legislature adjourned sine die, Commissioners Courts breathed a collective sigh of relief, as the adopted version of the state budget partially restored funding to most county programs. In addition, revenue caps and most unfunded mandates were defeated.

Comfortable shoes required! Tracking down lawmakers to offer the county perspective on legislation means a great deal of brisk walking.

Prep Work

     As evidenced by these legislative recaps, involvement in the legislative process is crucial, and never more so than when there is significant turnover. The Texas Senate is composed of 31 members and the Texas House includes 150 members. There are 29 new members in the House of Representatives, and 27 of those members are freshmen, according to the office of the chief clerk of the House; the 86th Legislature will include six brand new senators, according to the office of the secretary of the Senate.

“It is our responsibility to seek out legislators – our senior partners in the state-county partnership – and educate them on our needs and responsibilities,” Allison told officials throughout last year’s CJCAT educational conference classes.

“Each of us is a vital link in having a successful year with the Legislature,” declared Wichita County Judge Woodrow W. “Woody” Gossom Jr., past president of the CJCAT and former chairman of the CJCAT Legislative Committee.

Communicating the County Message

     Resolutions from the CJCAT and individual Commissioners Courts, letters, emails, telephone calls, and personal contacts are the most effective methods of informing legislators and their staff on important county issues, Allison maintained.

If your senator or representative is new, perhaps a simple review of the county and state dynamic would be helpful.

While some Senate committees offer electronic registration, others still use paper format.

State and Local

As a part of the State of Texas, the structures and duties of county government are set forth in the Texas Constitution. As an arm of the State, Texas counties can only do those actions that are specifically authorized by Texas law. Equally important, Texas counties must do those actions that are required by law, such as maintain and operate the court and jail system, conduct elections, and provide for public safety.

County Revenue – The Property Tax          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.

 

 

Jim Allison and Judge Woody Gossom visit with Rep. DeWayne Burns to offer support for Burns’ House Joint Resolution 73 proposing a constitutional amendment to prohibit unfunded mandates.

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.

When all is said and done, the development of the county budget is by nature a rigorous process that requires thoughtful decisions and tough choices.

  • County budgets are driven by the laws that are implemented in Austin by the Texas Legislature.
  • Counties are limited to property taxes as their main revenue source.
  • Taxes, for the most part, are determined by mandates put on the county by the Texas Legislature.
  • Discretionary spending for local services is the first to be cut because spending for state-mandated services is just that, mandated.
  • If the state would fund the laws that they adopt, then property taxes could be more closely tied to local services.

The CJCAT leadership is poised and prepared to address legislation that could further impact the ability of Commissioners Courts to fulfill state mandates and provide other needed services.

     “As county-related bills are introduced, do your best to determine how these bills will impact you on the local level,” Allison urged.

As you communicate with lawmakers, be specific. Check your facts and figures, and help the state understand that what happens in Austin doesn’t stay in Austin.

85th Legislature to Reconvene July 18 for Special Session

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OVERTIME

85th Legislature to Reconvene July 18 for Special Session

Limiting Local Control Remains Front and Center  

 

On June 6, Gov. Greg Abbott told lawmakers to prepare to return to Austin. For counties, this means taking a collective deep breath and prepping for round two in the battle to protect local control.

The governor’s call for a special session – a convening of state lawmakers outside the constitutionally mandated 140-day regular session – did not come as a surprise to most considering the contentious and divisive nature of round one.

Only the governor can call a special session, and only the governor can decide what issues will be addressed. After the Texas Senate ushers through a Sunset bill to keep five state agencies from shutting down – including the Texas Medical Board – Abbot said he will add 19 items to the call, several of which could have a profound impact on Texas counties.

“In addition to the revenue caps proposals under the guise of property tax reform, the governor will submit an issue to limit local government spending to population and inflation, regardless of the increases required by state unfunded mandates,” stated Jim Allison, general counsel for the County Judges and Commissioners Association of Texas (CJCAT).

The special session will begin on July 18, last up to 30 days, and address the following, as stated on the governor’s website, https://gov.texas.gov/news/post/governor-abbott-announces-special-session:

  1. Sunset legislation.
  2. Teacher pay increase of $1,000.
  3. Administrative flexibility in teacher hiring and retention practices.
  4. School finance reform commission.
  5. School choice for special needs students.
  6. Property tax reform.
  7. Caps on state and local spending.
  8. Preventing cities from regulating what property owners do with trees on private land.
  9. Preventing local governments from changing rules midway through construction projects.
  10. Speeding up local government permitting process.
  11. Municipal annexation reform.
  12. Texting while driving pre-emption.
  14. Prohibition of taxpayer dollars to collect union dues.
  15. Prohibition of taxpayer funding for abortion providers.
  16. Pro-life insurance reform.
  17. Strengthening abortion reporting requirements when health complications arise.
  18. Strengthening patient protections relating to do-not-resuscitate orders.
  19. Cracking down on mail-in ballot fraud.
  20. Extending maternal mortality task force.

 

Every legislative session has an issue or two that rises to the top, Allison offered during the North & East Association Conference, which took place during the final weeks of the regular legislative session. For example, law enforcement, water and education have surfaced in previous sessions. For the 85th Legislature, one overriding issue was the budget and the discrepancy between the Senate and House versions. Lawmakers passed Senate Bill 1 on May 27, appropriating $216.8 billion in total spending for the state’s budget during the 2018-19 biennium. Texas Comptroller Glenn Hegar certified the budget on June 1.

“The other major issue developing in the session concerns the degree of control over local governments to be exercised by the state,” Allison continued during his conference presentation. “While counties are completely subject to legislative control, traditionally the Legislature has recognized the need to allow local discretion, particularly in budget matters. However, there has been a significant change in attitude among some state leaders toward dictating policies upon local governments and mandating services without funding.

“For example, Senate Bill 2, creating a 4 percent revenue cap with a mandatory referendum, is the most obvious intrusion into local responsibilities,” Allison elaborated in his conference legislative update. “Without relieving any part of the increasing cost of unfunded mandates, S.B. 2 would impose fiscal handcuffs on counties, relegating the Commissioners Court to solely funding mandated services. Transportation, law enforcement, mental health services and other local needs would be reduced and ignored to meet these artificial caps.”

During the press conference announcing the special session, Abbott referred specifically to S.B. 2 and called for its passage.

As during the regular session, the CJCAT will partner with other associations to monitor the special session and communicate county concerns to lawmakers. Allison will provide updates and calls to action on the County Judges listserv and the Commissioners Court listserv. Stay tuned.

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How a Bill Becomes a Law

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The following is an excerpt from The House Research Organization Focus Report released in February 2017. To view the report in full, including information on introducing legislation, committees, and the calendar system, go to http://www.hro.house.state.tx.us/pdf/focus/hwbill85.pdf. This portion of the report includes floor consideration through the veto process.

 

Floor Consideration

Once a bill is placed on a calendar, it may be debated and voted upon on the House floor. House rules govern the consideration of bills on the floor.

 

Voting

The House has three ways of voting: voice, division and recorded. For a voice vote, the chair asks separately for the “ayes” and “nays” and determines which side prevailed. If the chair (the speaker or a designate) is in doubt as to the result of the voice vote, a division vote may be used. For a division vote, the “ayes” and “nays” are registered on the voting machine but printed in the House Journal only if a record vote is ordered (Rule 1, sec. 7). On a question for which a record vote has not been ordered, members may record their votes and have them printed in the journal if they inform the journal clerk before the House adjourns or recesses to another day (Rule 5, sec. 52).

If requested by any member present, a record vote must be taken on any question (Rule 5, sec. 51(a)). A record vote automatically is taken on final passage of any bill or any joint resolution proposing a constitutional amendment. Final passage means third reading, second reading if the three-reading requirement has been suspended or dispensed with, concurring with Senate amendments, or adopting a conference committee report (Constitution, Art. 3, sec. 12(b); Rule 5, sec. 51(c)). Record votes must be made available to the public on the Internet or any televised broadcast of the House proceedings in real time to the extent possible (Rule 5, sec. 51A).

A member may change a vote any time before the chair announces the result (Rule 5, sec. 53). Members absent for a vote may have a statement printed in the House Journal saying how they would have voted had they been present. Members also may have their reasons for voting a certain way published in the journal by submitting a statement to the journal clerk (Rule 5, sec. 49).

The speaker may vote on any bill or resolution but customarily does not vote (Rule 1, sec. 8). The speaker most often votes in cases when the vote would affect the outcome, such as to break or create a tie vote. A tie means that the motion fails (Rule 5, sec. 54). The speaker generally votes last.

 

Three Readings

The Constitution requires that a bill be read before the House on three separate days in order to be passed. First reading occurs when the bill caption is read and the speaker refers it to a committee (Rule 8, sec. 6). Second reading gives the House its first chance to debate and vote on the bill. A simple majority can amend a bill on second reading. On third reading, amendments require a two-thirds vote (Rule 11, sec. 5).

Bills passed on second reading usually are set for third reading on the next day’s supplemental calendar (Rule 6, sec. 16(a)(1)). Approval on second reading is referred to as “passage to engrossment” (Rule 8, sec. 17). A bill is “engrossed” when it finally passes on third reading. A bill that is finally approved by both houses is “enrolled.”

 

Senate Bills

When the House comes to a House bill on the daily calendar, and a Senate bill on the same subject has been reported from a House committee, the Senate bill takes precedence. In such cases, the Senate bill will be considered in lieu of the House bill, which is laid on the table subject to call (Rule 6, sec. 10).

 

Senate Procedures

After the House approves a House bill, it is sent to the Senate. To be considered in the Senate, a House bill must have a Senate sponsor (vice versa for Senate legislation in the House). The chair of the Senate committee from which a House bill is reported determines, in consultation with the House author, the Senate sponsor. The House has a similar procedure for determining House sponsors of Senate bills. The chair may designate a primary sponsor, up to four joint sponsors, and an unlimited number of cosponsors (Rule 8, sec. 5(d); Senate Rule 11.14). Identical or companion bills often are introduced in both houses.

SR 3 by Hancock, adopted by the Senate on January 11, 2017, contains modifications to the Senate Rules for the 85th Legislature.

 

Committee of the Whole

The Senate sometimes sits as a committee of the whole Senate. The lieutenant governor, as president of the Senate, is a member of the committee of the whole and may debate and vote. When the Senate is not meeting in committee of the whole, the lieutenant governor may vote only to break ties. A senator, rather than the lieutenant governor, chairs the committee of the whole (Constitution, Art. 4, sec. 16; Senate Rules, Art. 13). The House also may meet as a committee of the whole, but rarely does (Rule 4, secs. 51-55).

 

Senate Order of Business

Each Senate day typically begins with the “morning call,” which includes petitions and memorials, introduction of bills and resolutions and their referral to committee, acceptance of messages, and consideration of motions, such as to concur with House amendments to Senate bills or to adopt conference committee reports. After the morning call, the president may recognize a senator for a motion to suspend the regular order of business to take up a bill on second reading. If the motion receives the necessary three-fifths vote, the bill is considered on second reading (Senate Rule 5.13). Amendments and approval on second reading require only majority approval.

After a bill on second reading passes to engrossment (to third reading), the Senate often suspends the constitutional requirement that a bill be read on three separate days. This motion must be approved by at least a four-fifths vote of the members present (Senate Rule, 7.18). If the motion to suspend the three-day reading requirement fails, three-fifths of the members present must suspend the regular order of business again on a subsequent legislative day for the bill to be considered on third reading.

 

After Passage by Both Houses

Senate Amendments

Senate amendments to a House bill must be printed and given to House members at least 24 hours before the House may act on them (Rule 13, sec. 5). The House may vote to concur with some amendments and not with others, unless the amendment is a single substitute amendment (Rule 13, sec. 3). A fiscal note must accompany Senate amendments for them to be considered (Rule 13, sec. 5(b)). The Texas Legislative Council must prepare an analysis of Senate amendments and distribute it to the members electronically or in printed form at least 12 hours before the House takes action (Rule 13, sec. 5(c)). The House also may not vote on Senate amendments unless a tax equity note prepared by the Legislative Budget Board (LBB), if required, has been distributed to the members (Rule 13, sec. 5(d)).

The speaker, with the primary author’s permission, may return to the Senate any House bill or resolution with Senate amendments that the speaker determines to be not germane to the measure, regardless of whether it is eligible for House consideration. The speaker must attach a statement explaining how the amendments returned to the Senate are not germane and enter the statement in the House Journal as soon as practicable (Rule 13, sec. 5A).

 

Conference Committees

If the Senate has amended a House bill, the House may either concur with the amendments or request the appointment of a conference committee to reconcile differences between versions of a measure (Rule 13, sec. 3). If the Senate fails to approve appointment of a conference committee, either by voting down the motion or by taking no action, the bill dies.

Conference committees have five House members appointed by the speaker and five senators appointed by the lieutenant governor. Approval of a conference committee report requires the signatures of a majority of the committee members from each house (Rule 13, sec. 6).

Conference committees are prohibited from making two types of changes: changing or omitting parts of a bill that are the same in both House and Senate versions and adding language not found in either version of the bill (Rule 13, sec. 9(a)).

The House may lift the limits on a conference committee by adopting an “outside the bounds” resolution granting special permission. The resolution must specify in detail the exact language proposed, what rules would be suspended, the reasons for the suspension, and the conference committee action contemplated. It also must include a fiscal note. Such resolutions are privileged and may be brought up three hours after a copy has been distributed to each member. They require a majority vote for approval (Rule 13, sec. 9(f)).

Conference committee reports must be distributed to members at least 24 hours before consideration by the House. Conference committee reports may not be considered without a fiscal note, which must be distributed with the committee report on its printing (Rule 13, sec. 10(c)). If required, a tax equity note estimating the effect of the conference report must be submitted to the chief clerk and made available to each member before the House may vote on the conference report (Rule 13, sec. 10(d)). Other requirements apply for appropriations, taxation, redistricting, and recodification bills (Rule 13, sec. 9).

The House may accept or reject, but not amend, a conference committee report. If the House rejects a conference report and takes no further action, the bill dies. The House may elect, however, to recommit the conference report to the same conference committee for further consideration, request the appointment of a new conference committee, or give specific instructions to the House conferees (Rule 13, secs. 12, 13).

 

The Governor’s Role

After both houses have approved a bill or concurrent resolution in the same form, it is printed in final form (enrolled) and signed by the speaker and by the lieutenant governor in the presence of the members of their respective houses (Constitution, Art. 3, sec. 38). The chief clerk of the House (for Senate bills, the Senate enrolling clerk) prepares a final, official copy of the bill, which then goes to the governor.

 

Vetoes

The governor has 10 days (not counting Sundays) after receiving a bill to sign it or veto it and return it to the originating house with reasons for the veto. If neither action is taken within 10 days, the bill becomes law without the governor’s signature. The governor also may veto specific line items in an appropriations bill (Constitution, Art. 4, sec. 14).

For bills presented to the governor fewer than 10 days (not counting Sundays) before final (sine die) adjournment, or after adjournment, the governor has 20 days (counting Sundays) after the final day of the session to act.

 

Veto Overrides

Art. 4, sec. 14 of the Constitution specifies that the Legislature may override a veto if the originating house, which votes first, approves the override motion by a two-thirds record vote of the members present. The other house must override by a vote of “two-thirds of the members.”

Senate Rule 6.20 requires a vote of two-thirds of all members present to override the veto of a Senate bill (when the Senate votes first) and a vote of two-thirds of the members (21 votes) to override the veto of a House bill (when the Senate votes second). House rules make no specific provision for the vote required for veto overrides. The most recent ruling is two-thirds of the members (100 votes) are required to override a veto when the House votes second (on Senate bills).

The constitutional provision for overriding vetoes of line items of appropriations bills specifies a vote of two-thirds of the members present, for both houses. On the final day of a regular session, neither the House nor the Senate may vote to override a veto (Rule 8, sec. 13; Senate Rule 7.25). If the governor vetoes a bill after sine die adjournment of a session, the bill is dead because the Legislature has no opportunity to override the veto (Constitution, Art. 4, sec. 14).

 

Excerpts from this article were reprinted with permission from the House Research Organization, a nonpartisan department of the Texas House of Representatives that examines state issues and analyzes legislation being considered by the Texas Legislature. To view the report in full, go to http://www.hro.house.state.tx.us/pdf/focus/hwbill85.pdf

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Writing the State Budget: 85th Legislature

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The following are excerpts taken from The House Research Organization Focus Report No. 83-5 released in February 2017. To view the report in full, go to http://www.hro.house.state.tx.us/pdf/focus/writing85.pdf.

 

Writing a two-year budget is one of the Texas Legislature’s main tasks. During the 2017 regular session, the 85th Legislature will consider a budget for fiscal 2018-19, the two-year period (“biennium”) from Sept. 1, 2017, through Aug. 31, 2019.

 

Comptroller’s Revenue Estimate

      Before each regular legislative session, the comptroller must estimate the revenue and expenditures for the current fiscal year and anticipated revenue for the upcoming biennium. (Art. 3, sec. 49a of the Constitution) A supplemental estimate is required before any special session.

The revenue estimate issued in January 2017 projected the 85th Legislature would have $104.9 billion available for general-purpose spending for the next biennium. This is a 2.7 percent decrease from last biennium. The comptroller projected the state will have a beginning balance of $1.5 billion from fiscal 2016-17. Added to this are collections from taxes, fees, and other income, estimated at $106.5 billion, of which $3.1 billion of severance tax revenue will be transferred to the Economic Stabilization Fund (“rainy day fund”) and the State Highway Fund. The revenue estimate takes into account that under Proposition 7, a Constitutional amendment approved in 2015, $4.7 million of sales tax revenue will be sent to the State Highway Fund. The comptroller may revise the initial revenue estimate at any time. The only revenue estimate that applies in determining if the state budget is balanced is the one made when the comptroller certifies the general appropriations bill.

 

Rainy Day Fund

      The Economic Stabilization Fund (“rainy day fund”) is expected to reach $11.9 billion by the end of fiscal 2018-19, absent appropriations from the fund, according to the comptroller’s biennial revenue estimate. Revenue for the rainy day fund comes almost entirely from oil and natural gas production taxes. Before fiscal 2015, the rainy day fund received 75 percent of any oil or natural gas production tax revenue that exceeded the amount collected in fiscal 1987. A constitutional amendment adopted in 2014 requires the comptroller to send one-half of this amount to the State Highway Fund (Fund 6), with the rest continuing to go to the rainy day fund.

The rainy day fund may not exceed 10 percent of the total amount deposited into general revenue (minus certain types of income and funds) during the previous biennium. The cap for fiscal 2018-19 is $16.9 billion. Money drawn from the rainy day fund counts toward the state’s constitutional spending limit, according to the Legislative Budget Board.

Spending money from the rainy day fund requires legislative approval. At least three-fifths of the members present in each house of the Legislature must approve spending from the fund to cover but not exceed an unanticipated deficit in a current budget or offset a decline in revenue for a future budget. However, any amount from the fund may be spent for any purpose if approved by at least two-thirds of the members present in each house.

The Legislature has appropriated money from the rainy day fund during six legislative sessions, including four times since 2000.

 

 

General Appropriations Bill

 

The Senate and the House general appropriations bills for fiscal 2018-19, SB 1 by Nelson and HB 1 by Zerwas, are the starting points for the Legislature to prescribe agency spending and to set state accounting and performance measures and other budgetary provisions.

 

Legislative Action

While the House and the Senate each works on the budget and holds hearings simultaneously, they traditionally take turns originating the general appropriations bill and chairing the budget conference committee. For the 2017 regular session, the bill is expected to originate in the Senate so the final version of the bill would be SB 1.

 

House Action

      In the House, the Appropriations Committee (HAC) has jurisdiction over appropriations bills.  The chair of the HAC usually appoints standing subcommittees to consider different parts of the budget, such as general government, health and human services, education, criminal justice, and business and economic development. Subcommittees hold public hearings and make recommendations on budget proposals for agencies, programs, or funding under its jurisdiction.

 

Time Constraints

      House Rule 8, sec. 21(g) requires the HAC to report the general appropriations bill to the House by the 90th day of the session, which will be April 9 for the 2017 session. Under House Rule 8, sec. 21(a), during the first 118 days of the session the speaker may not lay before the House any bill appropriating money unless the general appropriations bill already has been enacted and the comptroller has certified it. If the HAC does not meet its 90th-day reporting deadline, this rule is suspended. The 118th day of the 2017 session is May 7.

House Rule 8, secs. 21(b) and (f) further restrict consideration of certain appropriations bills. To ensure compliance with the constitutional limit on spending from state tax revenue not dedicated by the Constitution, no bill appropriating such revenue may be considered before final approval of the general appropriations bill, and no bills may be considered that, when added to amounts previously appropriated, would exceed the limit.

 

Limit on Amendments

      The House Calendars Committee usually adopts a special rule limiting floor amendments to the appropriations bill to changes that do not increase the budget’s overall expenditures. The rule generally has required that any amendment adding or increasing an appropriation item must contain an equal or greater reduction in one or more other appropriation item. For a special rule proposed by the Calendars Committee concerning a general appropriations bill to take effect, House members must adopt it by a majority vote (House Rule 6, sec. 16(f)). Second-reading amendments must be filed at least 72 hours before the calendar on which the bill appears is eligible for consideration (House Rule 11, sec. 6(h)). The House usually considers numerous floor amendments before approving its version of the budget.

 

Senate Action

      The Senate Finance Committee develops the Senate budget proposal. Budget hearings often have occurred before the entire committee, although in past sessions workgroups have heard testimony on specific areas of the budget. Unlike in the House, the Senate Finance Committee version of the budget often passes the full Senate without floor amendments.

 

Conference Committee Action

After both chambers adopt their versions of the general appropriations bill, the speaker appoints House members and the lieutenant governor appoints senators to a conference committee to reconcile differences between the bills. The conference committee usually includes the chairs and four other members of the House Appropriations and Senate Finance committees, although the rules do not restrict who may be chosen.

      House Rule 13, sec. 9(b) and Senate Rule 12.04 allow conferees to reconcile only points on which the House and Senate bills differ. They may not alter figures that are identical in both bills. On any given spending item included in both bills, the conferees may not set the amount lower than the smaller of the two amounts nor increase it above the larger amount. If an item appears in only one bill, the conferees may include or delete it.

      The conferees may not include an item in the conference committee bill that does not appear in either the House or the Senate bill. However, House Rule 13, sec. 9(b)(5) and Senate Rule 12.04(5) allow the conference committee to add contingent appropriations for purposes or programs authorized by bills that have been passed by at least one house. The conference committee may seek permission from the House and the Senate to make changes otherwise prohibited by the rules –

“outside the bounds” – by means of a resolution specifying the changes.

House Rule 13, sec. 10(a) requires that the conference committee report on any bill, including the general appropriations act, be distributed to members at least 24 hours before it may be considered. Senate Rule 12.09(a) requires that the conference committee report be laid out for 48 hours before being considered in a regular session and 24 hours before being considered in a special session. HH – Excerpts from this article were reprinted with permission from the House Research Organization, a nonpartisan department of the Texas House of Representatives that examines state issues and analyzes legislation being considered by the Texas Legislature. To view the report in full, go to http://www.hro.house.state.tx.us/pdf/focus/writing85.pdf.

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Testifying Before the Texas Legislature

by

By Julie Anderson, Editor

Lee Norman
Garza County Judge

Garza County Judge Lee Norman has talked the talk and walked the walk – through the Capitol halls that is. In fact, Norman makes his way to Austin some six-10 times every legislative session.

Norman launched his county career in 1993 as a County Commissioner and served for 12 years, during which time he traveled to the Capitol on various occasions including County Government Day.

“These trips helped me have a working knowledge of the legislative process,” Norman stated. “I had the benefit of traveling with my mentor, then-County Judge Giles Dalby, during those years.”

Norman has served as County Judge for the past 10 years, and he has continued his involvement in the legislative process testifying before committees during sessions and speaking before traveling committees.

“I learned from the County Judges and Commissioners Association of Texas about the importance of testifying,” Norman emphasized. “I work closely with our legislators and try and get to know more of them at every opportunity.”

Norman calls his senator and representative to discuss important issues and makes personal requests asking them to carry legislation. For example, during the last session lawmakers representing Garza County, Sen. Charles Perry and Rep. Drew Springer, co-sponsored a joint resolution raising the population cap on a constitutional amendment to help rural counties, Normal detailed.

“They helped me research issues relating to the bill, and then I prepared notes to have available during testimony,” Norman shared. “I have also testified on school property tax issues and revenue cap issues and helped facilitate a meeting for area Judges to discuss legislative issues.”

During the 2016 West Texas Conference, Springer served on a legislative panel that also included Rep. Drew Darby and Rep. Andrew Murr.

Springer, Darby and Murr, former Kimble County Judge, encouraged officials to stay connected with their lawmakers and let them know either personally or through correspondence exactly what resources counties need to serve their constituents.

“Nothing is too small to bring to us,” Springer emphasized. “Email us. Call us. Come see us.”

If the lawmaker is not available, Norman makes contact with a legislative aid or the chief of staff.

“I enjoy making the contacts with both legislators and staff,” Norman offered, “and I have found them to be very engaging and supportive whenever I want to share a county issue.”

Those who are unable to make the trip to the Capitol can still play a valuable role in the legislative process.

“Constituents in House District 82 should contact my Austin office where my staff keeps track of all calls on issues and makes me aware of who has called in and about what topic,” advised State Rep. Tom Craddick.

“Form letters and form emails are an easy way for constituents to communicate and promote an agenda, but not effective,” Craddick elaborated. “I am more invested in constituents’ concerns when they take the time to write me and use their own words to express their concerns about a legislative issue.”

For those who do travel to Austin to formally testify on an issue, Craddick offered the following advice:

  • Everyone testifying before a committee should have visited the committee members’ offices prior to the meeting and briefed them on their position.
  • Be truthful, succinct and to the point. “After office visits, it is fair to assume everyone on the committee is informed and will know what you are testifying about,” Craddick said, “therefore a quick summary is successful, and your position is on the official record.”

 

Preparing to Testify Before the Legislative Committees

The Texas Association of School Boards has developed a guide to help witnesses prepare for testimony and feel comfortable in front of legislative committees, https://www.tasb.org/Legislative/Legislative-Information/documents/witness_guide.aspx.

The Legislature works through a committee process to pass legislation. Committee members are selected by the presiding officer of each chamber – the speaker of the house and the lieutenant governor, who oversees the Senate.

Once a legislator files a bill, it is sent to the appropriate committee for a hearing. The committee assignment is determined by the subject matter of the bill. Each committee holds hearings on its assigned bills. Under the Open Meetings Act, legislative committees must post the issues and/or proposed bills they intend to discuss at least five days prior to a hearing. During a special session, committees must post hearing notices at least 24 hours prior to a hearing. When hearings are called from the floor of either the House or Senate, a committee must give notice at least two hours before a hearing.

Once the committee hearing has been scheduled, the legislators on the committee may request that certain witnesses testify on a bill or an issue under consideration. Additionally, the committee allocates time during the hearing for the public to provide testimony. Since legislative committee meetings and state agency hearings are open meetings, all proceedings and testimony are public record and are documented. Additionally, committee hearings are generally broadcast via the Internet.

 

What Happens During a Committee Hearing?

Once you arrive at a committee hearing to testify, you will be required to sign a witness affirmation form stating your name, the organization you are representing, your contact information, the bill or issue on which you are testifying, and whether you support, oppose or wish to remain neutral on that bill or issue.

When the hearing begins, the committee chair will announce the bill number being considered and will then begin calling witnesses who have signed up to testify on the bill. When you are called up to testify, it is important to keep three things in mind:

  • Begin your comments by thanking the committee.
  • Limit your comments to between three to five minutes or the time limit imposed by the chair.
  • Be ready to answer questions.

Bring several copies of your testimony, as it is customary to provide hard copies of your testimony for each member of the committee.

Once testimony has been heard on a bill, the committee may vote on the bill, amend it, delay it for further discussion, or ask for more information. Bills delayed for discussion or voted down may reappear as another bill or an amendment to another bill, so it is advisable to monitor communications for updates on legislative and regulatory activities.

 

Tips for Preparing Testimony

As you develop your testimony, keep these important points in mind:

  • Develop a concise message.
  • Focus on three or four message points you want to emphasize. Prioritize those points and deliver the most important ones first in case there is not enough time to deliver all of them.
  • Focus on local impact. Illustrate your message points with data, statistics, or a brief anecdote about how the proposed bill/issue will affect you. The point of your testimony is to tell your specific story.
  • Get the facts straight. Be as accurate as possible and give credit to the source of information to increase your credibility and protect yourself if the details turn out to be incorrect.

 

Tips for Testifying

As you prepare to testify, keep these tips in mind:

  • Build rapport.
  • Acknowledge the committee members and thank them for allowing you to testify.
  • Try to keep good eye contact with and address your comments directly to the members.
  • Summarize points. Avoid reading written testimony. Simply summarize the key points verbally and provide copies of written testimony to all members of the committee, staff, news media and other observers.
  • Avoid repetition. Legislators often hear much boring, repetitious testimony, so make yours memorable.
  • Be sincere. Be yourself. Don’t become too emotional or dramatic.
  • Waive the opportunity to speak if several others have already said what you wanted to say, but remember to distribute written copies of your testimony.
  • Be honest and helpful. Often, the committee members will ask questions of people who testify. Answer questions as honestly as you can. If you don’t know the answer, say so or defer to another expert.
  • Avoid confrontation. If a member of the committee asks a hostile question, diffuse the hostility by remaining poised. Even if the committee seems opposed to your perspective, your testimony may earn their respect, educate those attending the hearing, and/or at least prove that opposition exists.
  • Dress conservatively. You do not want to distract legislators from listening to your message. Business attire is appropriate.

At any state office building, security guards may require you to show picture identification and the contents of your belongings (i.e., your purse or briefcase) upon entering the building. Be prepared for increased security measures during the legislative session or after any national security alert.

For more information including getting around the Capitol, parking, eating and sleeping accommodations and other important details, go to https://www.tasb.org/Legislative/Legislative-Information/documents/witness_guide.aspx.

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