2018 State Association Resolutions

January 1, 2019 by County Progress

The following resolutions were passed by the County Judges and Commissioners Association of Texas representing 254 counties in the State of Texas on October 11, 2018, during the Association’s Annual Conference.

1. Thanks to the Host Court

WHEREAS, the Annual Conference of the County Judges and Commissioners Association of Texas was conducted in Montgomery County, Texas, on Oct. 8-11, 2018; and

WHEREAS, the Honorable Commissioners Court of Montgomery County has hosted the County Judges and Commissioners Association of Texas in the most entertaining and excellent manner;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas expresses its wholehearted thanks and deep appreciation to the Honorable Court of Montgomery County for its courteous and warm hospitality extended to each of us.

Thanks to the Conference Sponsors and Exhibitors

WHEREAS, the Annual Conference of the County Judges and Commissioners Association of Texas was conducted in Montgomery County, Texas, on Oct. 8-11, 2018; and

WHEREAS, the many sponsors and exhibitors provide significant financial support for the conference and the Association; and

WHEREAS, the sponsors and exhibitors provide valuable information to our members;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas expresses its deep appreciation to our generous conference sponsors and exhibitors.

Thanks to State and Local Associations and Friends of County Government

WHEREAS, the Annual Conference of the County Judges and Commissioners Association of Texas was conducted in Montgomery County, Texas, on Oct. 8-11, 2018; and

WHEREAS, the members of the County Judges and Commissioners Association of Texas wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Magee, LLP; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Executive Director Ginny Lewis; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Executive Director Dr. Peter McGuill; the Texas A&M AgriLife Extension Service agents’ professional associations; County Progress Magazine and Editor Julie Anderson; and the many other state and local associations and people who have all been so helpful to county government;

NOW, THEREFORE, BE IT RESOLVED that this Association thanks all of these individuals and their staffs for their past, present and future help on behalf of county government.

Memorial to Deceased Officials and Special Friends

WHEREAS, the following highly regarded members and friends of the County Judges and Commissioners Association of Texas are deceased; and

WHEREAS, the Association desires to pay appropriate respect to these members and friends; and

WHEREAS, since our last conference, the County Judges and Commissioners Association of Texas has mourned the passing of:

West Texas Region

Former Ector County Commissioner Bob Bryant

Former Taylor County Commissioner Nowlin ‘Corky’ Cox

Crane County Judge John Farmer

Former Lipscomb County Commissioner John David Fritzlen

Hall County Commissioner James Fuston Sr.

Wilbarger County Commissioner Richard Jacobs

Former Hutchinson County Commissioner Murry Jennings

Former Potter County Commissioner Iris Elaine Sanders Lawrence

Former Terry County Judge and Commissioner Don Robertson

Former Irion County Commissioner Elder Wayne Smith

Lipscomb County Commissioner Johnie Dale Steele

Former Palo Pinto County Judge Mickey Dayle West

North & East Texas Region

Hunt County Judge John Lyman Horn

Grimes County Commissioner Gary Alan Husfeld

Cooke County Commissioner Billy Carl “B.C.” Lemons

Former Trinity County Commissioner Jessie Dean Price

Former Kaufman County Commissioner Jerry Rowden

Former Hamilton County Commissioner Raymond Eldor Wenzel

Former Lamar County Commissioner Jackie Wheeler

South Texas Region

Atascosa County Commissioner Lon “Lonnie” Gillespie

Former Blanco County Commissioner Robert Arvene Mauck Sr.

Starr County Commissioner Raul (Roy) Pena, Jr.

Former Jim Wells County Judge L. Arnoldo Saenz

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas members pause for a moment of silence and meditation to honor the memory of these respected individuals.

Opposition to Unfunded Mandates

WHEREAS, Texas counties are responsible for the operation and management of many and various governmental programs as required or authorized by state law; and

WHEREAS, some county government programs are fully or partially supported with funds disbursed by the State of Texas pursuant to the state appropriations process; and

WHEREAS, the State of Texas, acting through the Texas Legislature or through a state agency or executive order, may enact laws or promulgate rules that have the effect of imposing mandatory financial obligations upon Texas counties; and

WHEREAS, the State of Texas, through the Texas Legislature or through a state agency or executive order, mandates that counties implement certain governmental programs or perform certain duties and obligations including financial commitments by a county to expend county funds in connection therewith; and

WHEREAS, during each regular session of the Texas Legislature, all state funds that support county programs are reviewed through the state appropriation process and by other state budgetary review systems; and

WHEREAS, the aforementioned review process may result in a reduction, or cessation, of state financial support of county government programs causing an unforeseeable disruption and reduction of the county budget and operations; and

WHEREAS, Texas counties cannot achieve reliable financial planning and the necessary bond ratings sufficient to support county-related obligations when the state mandates a new program that is not fully funded or under conditions where the state reduces or fully withdraws prior funding and disbursement for county government programs;

NOW, THEREFORE, the County Judges and Commissioners Association of Texas and its 254 current member counties do hereby resolve that for the foregoing reasons, it is in the best interests of Texas counties and their taxpayers to support and favor the passage of legislation in the form of an amendment to the Constitution of the State of Texas that would expressly prohibit the imposition of a mandatory governmental program on Texas counties, whether by an act of the Texas Legislature or a state agency or by executive order, unless the State of Texas has fully funded and disbursed all necessary funds to enable Texas counties to operate said governmental program.

Support for Local Decision-Making and Opposition to Revenue Caps

WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; and

WHEREAS, 54 percent of the average taxpayer’s property tax burden is due to school taxes while only 16 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 and 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 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, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without alternative funding sources and unfunded mandate relief;

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

County Local Option Revenue Sources

WHEREAS, county revenue sources are extremely limited; and

WHEREAS, under current statutes, counties are forced to rely upon property taxes to fund necessary services; and

WHEREAS, county taxpayers should have the option to adopt a local sales tax, a local severance tax, a local motor fuel tax, an increase in local vehicle registration fees, and other revenue sources to reduce property taxes;

NOW, THEREFORE, BE IT RESOLVED, that the County Judges and Commissioners Association of Texas requests that the Legislature amend the tax statutes to allow the adoption of a county local option sales tax, a local option severance tax, a local option motor fuel tax, an increase in local vehicle registration fees, and other revenue sources for the reduction of property taxes without imposing any additional revenue caps.

Indigent Health Care

WHEREAS, revisions have been proposed regarding the Texas system of indigent health care; and

WHEREAS, some revisions propose an assessment upon counties to support a regional indigent health care system; and

WHEREAS, such assessment would constitute an unfunded mandate, requiring property tax increases in those counties; and

WHEREAS, such regional systems would not be efficient or responsive to local taxpayers; and

WHEREAS, the present Section 1115 Waiver provides voluntary opportunities to participate in health care innovation projects;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas opposes any attempt to impose a mandatory assessment upon Texas counties to fund a regional or statewide health care system and instead supports the continuation of the voluntary Section 1115 grants.

State Funds for Indigent Criminal Defense

WHEREAS, the right to assistance by legal counsel is guaranteed by the U.S. Constitution; and

WHEREAS, the State of Texas is required to implement this right and provide legal counsel to indigent criminal defendants; and

WHEREAS, the Texas Fair Defense Act, adopted by the Texas Legislature in 2001, implements this right and requires certain procedures and attorney appointments; and

WHEREAS, the Texas Legislature has failed to provide sufficient funding to offset the additional costs of the Fair Defense Act and has shifted this cost to county taxpayers; and

WHEREAS, county expenditures for indigent criminal defense have increased over 140 percent since the adoption of the Fair Defense Act; and

WHEREAS, the state funding is totally inadequate, providing approximately 12 percent of the indigent defense costs; and

WHEREAS, indigent criminal defense is a state responsibility that should be adequately funded on a statewide basis, not a burden overwhelmingly borne by local property taxpayers; and

WHEREAS, the Texas Legislature has failed to appropriate current funds that are committed by statute to the Indigent Defense Fund;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that the Texas Legislature fully fund the costs of indigent criminal defense, which has cost local taxpayers over $2.6 billion from 2001 through 2017, and immediately release all funds in the Indigent Defense Fund for distribution.

Juvenile Probation Funding

WHEREAS, the supervision of juvenile offenders is a responsibility of the State of Texas; and

WHEREAS, the Texas Legislature has consistently failed to appropriate sufficient funding to meet this responsibility; and

WHEREAS, Texas counties have increasingly met this burden by funding juvenile probation services and facilities; and

WHEREAS, Texas counties and their local taxpayers are now providing over 75 percent of the costs of juvenile probation; and

WHEREAS, current state funding formulas will continue to shift additional costs to county taxpayers unless addressed by the State of Texas;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that the Texas Legislature fully fund the costs of supervision of juvenile offenders, including the costs for juvenile probation services.

Mental Health Patients

WHEREAS, Texas counties are being forced to hold mentally incompetent prisoners for up to six months while awaiting court-ordered transfer to a state mental facility for treatment; and

WHEREAS, each of these pre-trial inmates costs the local taxpayer approximately $9,000 during this period of incarceration; and

WHEREAS, the county jail is not an appropriate facility for the mentally ill, and these prisoners pose a high risk of injury to themselves, the jail staff and other prisoners; and

WHEREAS, a State District Court in Travis County ordered the Department of Health Services to receive these prisoners within 21 days of a judge’s order; and

WHEREAS, instead of accepting its responsibility, the state appealed this order; and

WHEREAS, this delay by the State is increasing the cost to our taxpayers and continuing this improper practice;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas hereby requests that the State of Texas implement additional funding for mental health services and implement the state mental health plan to ensure the efficient and effective use of these resources, and accept all mentally incompetent inmates within 21 days of their court-ordered transfer.

Opposition to Diversion of Dedicated Funds

WHEREAS, the Legislature has committed certain funds for dedicated purposes; and

WHEREAS, unfortunately these funds have been improperly withheld from these needed functions and used to balance the general state budget; and

WHEREAS, the state leadership has proposed to end this diversion of funds;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

Emergency Services Program

WHEREAS, citizens of Texas desire access to 9-1-1 emergency services in an efficient manner, as evidenced by approval of the monthly fee on business and residential phone bills; and

WHEREAS, the 9-1-1 emergency services dispatch and response depend on equipment which must function reliably on a continuous basis; and

WHEREAS, older equipment reaches a point of being high maintenance and becomes unreliable; and

WHEREAS, technology continues to improve, necessitating upgrading hardware and software for reverse 9-1-1 services and other needs;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas urges our state legislators to provide full funding to the Emergency 9-1-1 Services Program for maintenance and improvement; and

BE IT FURTHER RESOLVED that funds generated by the 9-1-1 surcharge will not be used by the Legislature as money set aside to balance the state budget; and

BE IT ALSO RESOLVED that any such funds set aside be fully appropriated for the Emergency 9-1-1 Services Program.

Opposition to Granting Powers to Municipal Utility Districts and Special Utility Districts

WHEREAS, Texas is one of the fastest-growing states in the Union; and

WHEREAS, city government and county government should have appropriate authority to regulate growth in their respective counties and cities; and

WHEREAS, special water districts and private water corporations have the means to furnish water and provide for growth in rural areas of the counties; and

WHEREAS, municipal utility districts and special utility districts have been improperly used by certain developers to avoid compliance with county and city infrastructure plans;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas opposes the granting of additional powers to municipal utility districts and special utility districts and requests that the approval of the county be required before any further districts are created.

Support for County Road Grant Fund

WHEREAS, constitutional amendments have been approved by the voters to increase dedicated funding for public roadways; and

WHEREAS, these constitutional amendments provide additional funding to be used only for constructing, maintaining, and acquiring right of way for public roadways other than toll roads; and

WHEREAS, these constitutional amendments provide needed support for public highways without increasing taxes; and

WHEREAS, the county road system is eligible for assistance from this funding; and

WHEREAS, county roads are being devastated by overweight trucks to enhance the production of oil and gas; and

WHEREAS, the oil and gas severance tax should be equitably shared with counties to repair this damage; and

WHEREAS, the Economic Stabilization (Rainy Day) Fund has reached record levels through deposits from the oil and gas severance tax; and

WHEREAS, the appropriations from this Fund can be utilized to fund the repair and rehabilitation of county roads;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that additional funding be appropriated to support the county road grant program.

Uranium Mining Regulation

WHEREAS, uranium mining creates a special hazard for local groundwater; and

WHEREAS, uranium mining places a high demand upon local groundwater resources; and

WHEREAS, groundwater pollution by uranium mining cannot be recovered or rehabilitated and creates a permanent loss of groundwater; and

WHEREAS, county and groundwater conservation districts have very limited power to regulate uranium mining under current law;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that state law be amended to require a due process permit proceeding and approval by the local Commissioners Court and groundwater conservation district before any permit is granted for uranium mining.

Sludge Waste Disposal

WHEREAS, human waste and other toxic materials are contained in municipal, domestic, and commercial sludge; and

WHEREAS, this sludge waste contains harmful bacteria, viruses and chemicals that may contaminate local water supplies; and

WHEREAS, the current rules of the Texas Commission on Environmental Quality are inadequate to protect the water supply and adjacent landowners from the improper disposal of sludge waste; and

WHEREAS, disposal of these materials should be a matter of local regulation;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas hereby requests that no permits be issued for the disposal of sludge waste without the approval of the Commissioners Court and that the Texas Legislature clearly authorize local control of all sludge waste permits.

Fireworks Regulations

WHEREAS, counties currently have limited authority to regulate fireworks; and

WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas is opposed to any legislative action that would remove current county authority to regulate fireworks.

Oil and Gas Waste Disposal Facilities

WHEREAS, the Texas oil and gas industry is a vital part of our economy; and

WHEREAS, this industry requires the use of disposal facilities, such as waste injection wells, to operate in an efficient manner; and

WHEREAS, the operation of these disposal facilities can pose a substantial risk to the groundwater supply; and

WHEREAS, protection of the groundwater is also essential to the economy and health and safety of Texas citizens; and

WHEREAS, adequate information should be provided to Texas counties and their citizens to ensure the safe operation of oil and gas waste facilities and protection of the groundwater;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that the Texas Legislature and the Texas Railroad Commission require that Texas counties, their citizens, and groundwater conservation districts be provided all available information concerning proposed oil and gas waste facilities in their area and a full opportunity to participate in the evaluation of any application for additional facilities; and

BE IT FURTHER RESOLVED that the Texas Railroad Commission be required to evaluate and consider the full local infrastructure impact and effect on local communities before voting on any such permit.

Rural Public Transit

WHEREAS, 37 Rural Transit Districts serve all the counties throughout Texas; and

WHEREAS, Rural Transit Districts provide access to needed goods and services, jobs, and medical services throughout the rural counties of Texas; and

WHEREAS, Rural Transit Districts traveled 31,381,803 miles and provided 6,336,451 one-way trips to the citizens of rural Texas in 2014; and

WHEREAS, Rural Transit Districts have not received an increase in state funding since the year 2000; and

WHEREAS, on average, bus fleets for Rural Transit Districts are at 130 percent of their established lifecycle; and

WHEREAS, funding opportunities for large federal and state grants have historically left qualified rural projects underfunded; and

WHEREAS, without increased funding, in order to meet increasing service demands and costs in rural areas, services to those most in need in rural Texas will suffer;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas expresses its support for a meaningful increase in funding for Rural Transit Districts

Opposition to Rules Adopted by the Texas Department of Motor Vehicles That Decrease County Revenues, Increase County Costs, and Reduce Local Control and Local Services

WHEREAS, the county tax assessor-collector is charged with collecting vehicle registration fees which provide for certain legislative authorized revenues to offset costs associated with collecting and dispersing these fees for the Texas Department of Motor Vehicles; and

WHEREAS, the 83rd State Legislature created the Texas Department of Motor Vehicles Fund, authorized the Texas Department of Motor Vehicles to establish certain fees by board rule, authorized the board to direct certain fees to the fund, and allowed for county revenues to be set by board rule; and

WHEREAS, the Texas Department of Motor Vehicles has adopted rules setting title transfer and registration processing and handling fees for its own funding and has further adopted fees and changes for the county tax assessor-collectors and the various deputy classification types; and

WHEREAS, the county tax assessor-collector may deputize full-service title companies to provide titling and registration services and limited service companies to provide registration services, which increases access and locations for these services by citizens; and

WHEREAS, the rules adopted by the Texas Department of Motor Vehicles will decrease county revenues, increase county cost, and reduce local control and local services;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas opposes the rules as adopted by the Texas Department of Motor Vehicles amending Title 43 of the Texas Administrative Code Chapter 217.

Full Funding of DPS Labs

WHEREAS, the State of Texas through the Texas Department of Public Safety (DPS) provides for the testing of controlled and illegal substances for criminal cases; and

WHEREAS, while the service is valuable to the prosecutorial process, it is not timely as most tests require 6-9 months before results are rendered; and

WHEREAS, many alleged and formerly convicted violators must be released after 90 days with the high probability that they will reoffend and further endanger the public and further burden law enforcement; and

WHEREAS, the recent reduction in state funding will reduce the effectiveness of the DPS labs and result in further delays in the administration of justice;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests full funding, staffing and equipping of the DPS labs to return results in the required legal time to serve justice.

County Homestead Exemption

WHEREAS, the current constitutional provisions limit the ability of counties to a percentage of the appraised value of homesteads; and

WHEREAS, the current limitations prevent the adoption of a homestead exemption to provide greater benefit to lower-priced properties; and

WHEREAS, additional discretion should be granted to counties to determine the homestead exemption;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that a constitutional amendment be adopted to allow counties to grant discretionary homestead exemptions based upon a dollar amount of the taxable value of the property.

Texas Department of Criminal Justice Inmates

WHEREAS, currently counties are required to hold inmates who have been committed to the Texas Department of Criminal Justice (TDCJ) for up to 45 days; and

WHEREAS, counties are required to hold parolees who are awaiting a revocation hearing before the TDCJ Parole Board; and

WHEREAS, the TDCJ does not provide adequate transportation of its inmates from county jails to its facilities; and

WHEREAS, the cost to county taxpayers for the failure of the State of Texas to meet its responsibilities for state inmates is approximately $100 million per year;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the State of Texas fully reimburse counties for all costs incurred for the confinement and transport of TDCJ inmates.

Optional County Road and Bridge Fee

WHEREAS, the current maximum county optional road and bridge fee has been frozen at $10 since 1991; and

WHEREAS, the cost of construction and maintenance of the county road system has increased tremendously in recent years; and

WHEREAS, as the population of Texas continues to grow, the need for efficient county transportation systems will increase;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the maximum county optional road and bridge fee be raised to $20 per vehicle.

Voting Machine Costs

WHEREAS, the Federal Help America Vote Act requires that counties provide an electronic voting system at each voting location; and

WHEREAS, the current voting systems have serious security and maintenance issues; and

WHEREAS, replacement of these systems will require a great expenditure of public funds; and

WHEREAS, the purchase, programming of, and maintenance of these systems are state and federal responsibilities;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests full funding from the federal and state government for the replacement of all voting systems, programming, and maintenance.

Limitations on Registered Sex Offenders in Counties

WHEREAS, home rule municipalities have the authority by ordinance to provide for the public safety of their citizens to restrict a registered sex offender from going in, on, or within a specified distance of a child safety zone in the municipality; and

WHEREAS, general law municipalities now have the authority with the passage of HB 1111, enacted by the 85th Texas Legislature, effective September 1, 2017, to provide for the public safety of its citizens to restrict a registered sex offender from going in, on, or within a specified distance of a child safety zone in the municipality; and

WHEREAS, Texas counties should also be able to provide for the public safety of their citizens living outside the boundaries of any municipality by restricting a registered sex offender from going in, on, or within a specified distance of a child safety zone in the county; and

WHEREAS, no current statute authorizes a Texas county to enact an ordinance or order establishing a “Child Safety Zone” and restricting a registered sex offender from going in, on, or within a specified distance of a child safety zone in the county; and

WHEREAS, legislation is necessary to authorize counties to enact an ordinance or order to provide public safety for its citizens by placing limitations on registered sex offenders in the county;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas respectfully requests that the 86th Texas Legislature pass legislation providing Texas counties the authority to enact an ordinance or order regarding limitations on registered sex offenders in counties.

County Judges and Commissioners Association of Texas

2018 Resolutions Committee

Anderson County Judge Robert Johnston – Chairman

Yoakum County Commissioner Tim Addison

Jasper County Judge Mark Allen

Cass County Commissioner Paul Cothren

Glasscock County Judge Kim Halfmann

Cherokee County Commissioner Byron Underwood

Kaufman County Judge Bruce Wood

In addition to the above-adopted resolutions, the County Judges and Commissioners Association of Texas Resolutions Committee requests that the following items be recommended for future study and consideration.

State funding to meet county cost of transport, autopsy, and disposition of dead bodies.
State responsibility for drug-resistant tuberculosis cases and HIV medications.

Maintain local control and recovery of cost of reproduction of clerk’s digitized records and e-filing.

Proper tax valuation of compressor equipment, refineries, and new oil and gas production facilities, and proper classification of new oil and gas interests to exclude such property from the effective tax rate.
Full funding for school vaccination program.
Require vehicles to reduce speed and/or yield a traffic lane to county road and bridge vehicles and equipment.
Require Commissioners Court representation on Regional Water Planning Groups.
Request legislation to require state reimbursement for court-appointed attorneys in child protective services cases.
Restore full funding for the Texas Historic Courthouse Preservation Grant Program.
State funding for all state special elections.
Additional funding for sales tax support on fireworks dedicated for local use.
More local authority on the regulation of fireworks.
Additional county authority over vehicle inspection and licensing procedures.
Local retention of asset forfeiture funds.
Prohibit abuse of the Public Information Act by excessive and burdensome requests.
Abolish the excessive driver’s license fees assessed under the Driver Responsibility Act while maintaining support for trauma centers and EMS.
Support and restore county authority to regulate all county buildings and property.
Support an exemption from state motor fuel taxes for county equipment and vehicles.
Affirm county control of weapons in county courthouses.
Support full state funding for lost revenue from disabled veterans and surviving spouses exemption.
Review of the equity of ad valorem tax exemptions and the property appraisal process to facilitate a more equitable tax system.
State provide transportation for female prisoners or full reimbursement of the cost.
Change the day of statewide elections to Saturday.
Increase the County Lateral Road Fund.
Improvements to the state’s disaster response including:
a single state agency for disaster response and recovery;
state funding and training for EMCs in all counties;
a state fund for immediate county disaster responses; and
immediate state-funded property tax relief for disaster victims.

Welcome to Grassroots Government

January 1, 2019 by County Progress

County ‘Resolutions’ Depict Depth, Breadth of Responsibilities

By Julie Anderson
Editor

Some 265-plus new County Judges and County Commissioners joined Commissioners Courts across the Lone Star State in January and are quickly learning the requirements and expectations of their office: Get educated. Do more with less. Make a difference. Serve. Improve communities.

With the New Year barely behind us, perhaps many officials, whether new or seasoned, are still fine-tuning their 2019 resolutions; when it comes to Commissioners Court, the list practically creates itself.

Fulfill My Mandated Court Duties

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.

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

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.

During a conference presentation on the roles and responsibilities of the County Commissioner, Bell County Commissioner Tim Brown highlighted the complex nature of the job.

Commissioners Courts do not live in a democracy. Rather, county government is actually an agency of the state, and everything Commissioners Courts do is rooted in state law.
A college professor could attempt to teach a college class on the applicable body of law and not completely cover it. In addition, these laws pertaining to the Commissioners Court’s authority can be redundant and confusing.
The Commissioners Court is the governing body of a county, similar to the chief executive officer of a corporation, addressing fiscal policy, compliance, and enforcement, a “complicated group of responsibilities.”

As part of his training course, Brown provided attendees with a compilation of statutes summarizing the general responsibilities and statutory authorizations for each function of the Court. The document cited hundreds of statutes authorized by the following:

Agriculture Code
Civil Practice and Remedies Code
Code of Criminal Procedure
Education Code
Election Code
Government Code
Health and Safety Code
Human Resources Code
Labor Code
Local Government Code
Natural Resources Code
Occupations Code
Parks and Wildlife Code
Property Code
Tax Code
Texas Constitution
Texas Family Code
Transportation Code
Utilities Code
Vernon’s Revised Civil Statutes
Water Code

Set Discretionary Goals

As a unit of local government, the Commissioners Courts of Texas are often described as “grassroots government,” and County Judges and Commissioners are oft portrayed as “those closest to the people” who live and work where “the rubber meets the road.”

In his presentation on “County Expenditures and Services,” Denton County Auditor James Wells wrote, “…Texas counties have long operated under the idea that their primary purpose is to provide services to the citizens. All actions of county government and all expenditures of county funds are connected to the goal of providing services to the citizens.” In the majority of Texas counties this means going beyond the mandatory services and expanding into “discretionary” services, such as parks, community centers, libraries, senior centers, and emergency medical and family services – those special functions that enhance the quality of individual lives and the community as a whole.

The Texas Constitution and statutes assign roads as a county responsibility, confirmed Jim Allison, general counsel to the County Judges and Commissioners Association of Texas (CJCAT). However, the funding level is discretionary with the Commissioners Court.

When it comes to prioritizing funding, the county road system has risen to the top of the list in Anderson County, shared County Judge Robert Johnston, president of the CJCAT.

When working on the 2016 county budget, Johnston noted the immediate need for a long-term plan to address the county road system. Johnston broached the topic of a bond issue to fund road and bridge initiatives, and then he allowed time for the idea to sink in. At the next budget workshop, the decision was made to move forward, and on Nov. 8, 2016, Anderson County voters passed a $20 million bond issue dedicated to county roads and bridges.

“The projects include problem drainage issues that we are fixing as we work on the roads,” Johnston detailed. “By addressing these problems with enough money to be able to fix the problem instead of putting a Band-Aid on, we will get on top of the situation and keep it in good shape for years to come.”

Many of the roads in Anderson County have not been reworked from the ground up in the last 25 to 30 years, the Judge specified. The Commissioners Court hopes to repair more than 350 miles of the county’s 1,000-mile road system.

“With the county keeping our roads in top shape, it will bring an economic benefit to Anderson County through reduced repairs to vehicles traveling our roads and hopefully increased property values,” Johnston offered.

The county has completed 159 miles of road repair in the first two years of the project, Johnston reported.

“We have spent around $1 million on pipe and culvert for drainage projects to go along with the resurfacing work,” Johnston continued. “Before the bond issue, we could do a maximum of 20 miles a year between the four precincts.”

What goals and priorities have you set for your county?

Conduct Effective Meetings

Issues such as infrastructure needs are addressed at meetings of the Commissioners Court. What about a goal to improve the effectiveness of your meetings?

No legal requirement obligates Commissioners Court meetings to be conducted under a formal parliamentary procedure. According to Attorney General Opinion DM-228: “A Commissioners Court may adopt reasonable rules that are consistent with relevant provisions of law to govern the conduct of its meetings. If the court wishes to use Robert’s Rules of Order or some other formal rules, the method chosen must be consistent with law, adopted by a majority vote of the court and applied to all court members.”

The Opinion refers to Sections 81.005 and 81.006 of the Local Government Code which address the time, location, and quorum requirements of Commissioners Court meetings.

In addition, the Opinion states: “The court is also subject to the Open Meetings Act, but we have found no statute setting out comprehensive procedures for the conduct of Commissioners Court meetings.”

Legal requirements aside, some counties have decided that it is in their best interest to formally adopt rules of procedure, conduct, and decorum for meetings of the Commissioners Court.

These can be helpful when correcting common misconceptions of the public. For instance, people often think the Commissioners Court meeting is a public hearing. The public is allowed to come and watch but does not have the automatic authority to speak. However, counties may allow members of the public to appear before the court, if the county so chooses, in which case a set of procedures governing public participation is advisable.

Trinity County adopted such procedures regarding public participation. For example, those who make an appearance are allowed five minutes and must guard their language and manner of speaking.

Another misconception some people have is that they can call the county office and have something put on the agenda, said recently retired Bell County Judge Jon Burrows, who led Commissioners Court meetings for 20 years.

“This sometimes occurs when someone has an issue with another elected official and wants to air it in court,” Burrows explained. Only members of Commissioners Court can place an item on the agenda.

Issues such as public participation and the meeting agenda are addressed in a model set of rules of procedure, conduct, and decorum for meetings of the County Commissioners Court recommended by Allison.

“Rules of procedure and decorum are very important for an efficient, productive Commissioners Court meeting,” Allison stated. “The rules provide a framework for the transaction of business and inform the public on the proper procedure for presenting comments to the meeting.”

During Bell County meetings, Burrows said he always strived to maintain a light-hearted atmosphere coupled with “firm/business-like control.”

Pursue My Continuing Education

The Texas Constitution spells out the education requirements for members of Commissioners Court. What better time than now to set your educational calendar?

Per Government Code Section 74.025, County Judges are required to earn 30 credit hours during their first year of office, and 16 credit hours for each 12-month reporting period following the first year in office. For additional information, including exemptions, see http://www.txcourts.gov/media/253241/rulesofjudedu112513.pdf.

According to this document, “Instruction credit completed during any fiscal year in excess of the minimum number of hours required may be applied to the following fiscal year’s requirement.”

Per Local Government Code Section 81.0025, County Commissioners must earn 16 hours for each 12-month period in office; eight surplus hours may be carried from one 12-month period to the next.

The County Judges and Commissioners Association of Texas is committed to providing a variety of educational opportunities, per Article II, Section 4 of the CJCAT Constitution: “This Association shall sponsor and co-sponsor educational conferences, seminars and other programs for county officials and county employees to study information relative to county affairs and assist those officials in need of Continuing Education credits, as required by law.”

Planning is well underway for the 2019 CJCAT region and state conferences, with specific details available on our County Calendar, Page?

The conference agendas are dedicated to both the mandated responsibilities of the Commissioners Court and the discretionary duties Commissioners Courts endeavor to provide.

Go Above and Beyond (INSERT Blue CCAC Symbol)

Pursue Commissioners Court Advanced Curriculum Certification

Earning your Commissioners Court Advanced Curriculum certification is a worthy resolution that has already been achieved by over 500 officials.

Commissioners Court Advanced Curriculum (CCAC) is a comprehensive educational program designed specifically for members of the Commissioners Court.

CCAC was adopted by the County Judges and Commissioners Association of Texas in 1992 to provide curriculum for an advanced study in county government. The program is continually updated, as foundational information provided in the original program is merged with material necessitated by legislative changes and the new and varied challenges faced by a rapidly growing state.

The development of CCAC is a combined effort of the CJCAT, V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and the Texas Association of Counties.

“The Commissioners Court Advanced Curriculum Program offers County Judges and Commissioners advanced training beyond the state mandated educational requirements, explained Hays County Commissioner Debbie Gonzales Ingalsbe, chairman of the CJCAT County Commissioners Education Committee. “The program helps us gain a greater understanding of every elected office, including their duties and responsibilities, which equips us to provide the needed resources for services that benefit our county residents.”

CCAC provides a comprehensive course of study as follows:

Phase I Orientation – Hours presented at LBJ School of Public Affairs

Phase II Basics – 16 hours

Phase III Advanced Instruction – 32 hours

Phase I Orientation courses currently are offered at the LBJ School of Public Affairs Seminar for Newly Elected County Judges and Commissioners, which is conducted in Austin every January following an election year. Attendance at this seminar has traditionally been limited and restricted to new Judges and Commissioners. Since it is not feasible to require County Judges and Commissioners to retroactively attend the LBJ Orientation Seminar, County Judges and Commissioners who assumed office prior to Jan. 1, 1995, are permitted to substitute 16 hours of other approved instruction for the orientation course.

Phase II County Government Basics includes instruction concerning the duties and responsibilities of all county officers and departments. Phase III includes advanced instruction in the functions of county government. These courses are offered at the annual County Judges and Commissioners Association of Texas regional and state conferences and the annual V.G. Young Institute of County Government School for County Commissioners Courts.

Offer to Serve My Association

Every Texas County is a member of the County Judges and Commissioners Association of Texas.

The CJCAT is divided into three regional associations, with several subgroups within the regional organizations.

The North & East Texas County Judges and Commissioners Association is comprised of 74 counties.
The South Texas County Judges and Commissioners Association includes 63 counties. (Chambers County is a member of both the North & East and South associations.)
The West Texas County Judges and Commissioners Association serves 118 counties.
The Deep East Texas County Commissioners and County Judges Association is a subgroup of North & East Texas, made up of 15 counties from Far East Texas.
On the opposite side of the state, the Far West Texas County Judges and Commissioners Association represents the western-most counties, with a total membership of 36.
Also a part of the West Texas group, the Panhandle County Judges and Commissioners Association claims 34 member counties.

Each Association, from the State Association down to the subregions, has elected officers. Most have committees that conduct important Association business, including the development and presentation of resolutions, discussion of conference sites, nomination of future officers, and selection of scholarship recipients.

How will you serve your Association during 2019? HH

Panhandle County Judges and Commissioners Association of Texas 2018 Resolutions

November 1, 2018 by County Progress

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

West Texas County Judges and Commissioners Association 2018 Resolutions

July 10, 2018 by County Progress

The following resolutions were passed by the West Texas County Judges and Commissioners Association representing 118 counties in the State of Texas on
April 26, 2018, during the Association’s Annual Conference.

1. Thanks to the Host Court
WHEREAS, the Annual Conference of the West Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on April 24-27, 2018; and
WHEREAS, the Honorable Commissioners Court of Collin County has hosted the West Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its wholehearted thanks and deep appreciation to the Honorable Court of Collin County for its courteous and warm hospitality extended to each of us.

2. Thanks to the Conference Sponsors and Exhibitors
WHEREAS, the Annual Conference of the West Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on April 24-27, 2018; and
WHEREAS, the many sponsors and exhibitors provide significant financial support for the conference and the Association; and
WHEREAS, the sponsors and exhibitors provide valuable information to our members;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its deep appreciation to our generous conference sponsors and exhibitors.

3. Thanks to State and Local Associations and Friends of County Government
WHEREAS, the Annual Conference of the West Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on April 24-27, 2018; and
WHEREAS, the members of the West Texas County Judges and Commissioners Association wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Magee, LLP; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Executive Director Ginny Lewis; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Executive Director Dr. Peter McGuill; the Texas A&M AgriLife Extension Service agents’ professional associations; County Progress Magazine and Editor Julie Anderson; and the many other state and local associations and people who have all been so helpful to county government;
NOW, THEREFORE, BE IT RESOLVED that this Association thanks all of these individuals and their staffs for their past, present and future help on behalf of county government.

4. Memorial to Deceased Officials and Special Friends
WHEREAS, the following highly regarded members and friends of the West Texas County Judges and Commissioners Association are deceased; and
WHEREAS, the Association desires to pay appropriate respect to these members and friends; and
WHEREAS, since our last conference, the West Texas County Judges and Commissioners Association has mourned the passing of:

Former Ector County Commissioner Bob Bryant
Crane County Judge John Farmer
Former Lipscomb County Commissioner John David Fritzlen
Hall County Commissioner James Fuston Sr.
Wilbarger County Commissioner Richard Jacobs
Former Hutchinson County Commissioner Murry Jennings
Former Terry County Judge and Commissioner Don Robertson
Former Irion County Commissioner Elder Wayne Smith
Lipscomb County Commissioner Johnie Dale Steele
Former Palo Pinto County Judge Mickey Dayle West

NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association members pause for a moment of silence and meditation to honor the memory of these respected individuals.

5. Opposition to Unfunded Mandates
WHEREAS, Texas counties are responsible for the operation and management of many and various governmental programs as required or authorized by state law; and
WHEREAS, some county government programs are fully or partially supported with funds disbursed by the State of Texas pursuant to the state appropriations process; and
WHEREAS, the State of Texas, acting through the Texas Legislature or through a state agency or executive order, may enact laws or promulgate rules that have the effect of imposing mandatory financial obligations upon Texas counties; and
WHEREAS, the State of Texas, through the Texas Legislature or through a state agency or executive order, mandates that counties implement certain governmental programs or perform certain duties and obligations including financial commitments by a county to expend county funds in connection therewith; and
WHEREAS, during each regular session of the Texas Legislature, all state funds that support county programs are reviewed through the state appropriation process and by other state budgetary review systems; and
WHEREAS, the aforementioned review process may result in a reduction, or cessation, of state financial support of county government programs causing an unforeseeable disruption and reduction of the county budget and operations; and
WHEREAS, Texas counties cannot achieve reliable financial planning and the necessary bond ratings sufficient to support county-related obligations when the state mandates a new program that is not fully funded or under conditions where the state reduces or fully withdraws prior funding and disbursement for county government programs;
NOW, THEREFORE, the West Texas County Judges and Commissioners Association and its 118 current member counties do hereby resolve that for the foregoing reasons, it is in the best interests of Texas counties and their taxpayers to support and favor the passage of legislation in the form of an amendment to the Constitution of the State of Texas that would expressly prohibit the imposition of a mandatory governmental program on Texas counties, whether by an act of the Texas Legislature or a state agency or by executive order, unless the State of Texas has fully funded and disbursed all necessary funds to enable Texas counties to operate said governmental program.

6. Support for Local Decision Making and Opposition to Revenue Caps
WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; and
WHEREAS, 54 percent of the average taxpayer’s property tax burden is due to school taxes while only 16 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 and 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 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, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without alternative funding sources;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local decision making and does hereby oppose any attempts to impose revenue caps upon Texas counties, and the West Texas County Judges and Commissioners Association expresses its deep appreciation to all legislators who oppose these unsound measures.

7. County Local Option Revenue Sources
WHEREAS, county revenue sources are extremely limited; and
WHEREAS, under current statutes, counties are forced to rely upon property taxes to fund necessary services; and
WHEREAS, county taxpayers should have the option to adopt a local sales tax, a local severance tax, a local motor fuel tax, an increase in local vehicle registration fees, and other revenue sources to reduce property taxes;
NOW, THEREFORE, BE IT RESOLVED, that the West Texas County Judges and Commissioners Association requests that the Legislature amend the tax statutes to allow the adoption of a county local option sales tax, a local option severance tax, a local option motor fuel tax, an increase in local vehicle registration fees, and other revenue sources for the reduction of property taxes without imposing any additional revenue caps.

8. Indigent Health Care
WHEREAS, revisions have been proposed regarding the Texas system of indigent health care; and
WHEREAS, some revisions propose an assessment upon counties to support a regional indigent health care system; and
WHEREAS, such assessment would constitute an unfunded mandate, requiring property tax increases in those counties; and
WHEREAS, such regional systems would not be efficient or responsive to local taxpayers; and
WHEREAS, the present Section 1115 Waiver provides voluntary opportunities to participate in health care innovation projects;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association opposes any attempt to impose a mandatory assessment upon Texas counties to fund a regional or statewide health care system and instead supports the continuation of the voluntary Section 1115 grants.

9. State Funds for Indigent Criminal Defense
WHEREAS, the right to assistance by legal counsel is guaranteed by the U.S. Constitution; and
WHEREAS, the State of Texas is required to implement this right and provide legal counsel to indigent criminal defendants; and
WHEREAS, the Texas Fair Defense Act, adopted by the Texas Legislature in 2001, implements this right and requires certain procedures and attorney appointments; and
WHEREAS, the Texas Legislature has failed to provide sufficient funding to offset the costs of the Fair Defense Act and has shifted this cost to county taxpayers; and
WHEREAS, county expenditures for indigent criminal defense have increased over 140 percent since the adoption of the Fair Defense Act; and
WHEREAS, the state funding is totally inadequate, providing approximately 12 percent of the indigent defense costs; and
WHEREAS, indigent criminal defense is a state responsibility that should be adequately funded on a statewide basis, not a burden overwhelmingly borne by local property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of indigent criminal defense which has cost local taxpayers over $2.6 billion from 2001 through 2017.
10. Juvenile Probation Funding
WHEREAS, the supervision of juvenile offenders is a responsibility of the State of Texas; and
WHEREAS, the Texas Legislature has consistently failed to appropriate sufficient funding to meet this responsibility; and
WHEREAS, Texas counties have increasingly met this burden by funding juvenile probation services and facilities; and
WHEREAS, Texas counties and their local taxpayers are now providing over 75 percent of the costs of juvenile probation; and
WHEREAS, current state funding formulas will continue to shift additional costs to county taxpayers unless addressed by the State of Texas;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of supervision of juvenile offenders, including the costs for juvenile probation services.

11. Mental Health Patients
WHEREAS, Texas counties have been forced to hold mentally incompetent prisoners for up to six months while awaiting court-ordered transfer to a state mental facility for treatment; and
WHEREAS, each of these pre-trial inmates costs the local taxpayer approximately $9,000 during this period of incarceration; and
WHEREAS, the county jail is not an appropriate facility for the mentally ill, and these prisoners pose a high risk of injury to themselves, the jail staff and other prisoners; and
WHEREAS, a State District Court in Travis County ordered the Department of Health Services to receive these prisoners within 21 days of a judge’s order; and
WHEREAS, instead of accepting its responsibility, the State appealed this order; and
WHEREAS, this delay by the State is increasing the cost to our taxpayers and continuing this improper practice;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association hereby requests that the State of Texas implement additional funding for mental health services and implement the state mental health plan to ensure the efficient and effective use of these resources.

12. Opposition to Diversion of Dedicated Funds
WHEREAS, the Legislature has committed certain funds for dedicated purposes; and
WHEREAS, unfortunately these funds have been improperly withheld from these needed functions and used to balance the general state budget; and
WHEREAS, the state leadership has proposed to end this diversion of funds;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

13. Emergency Services Program
WHEREAS, citizens of Texas desire access to 9-1-1 emergency services in an efficient manner, as evidenced by approval of the monthly fee on business and residential phone bills; and
WHEREAS, the 9-1-1 emergency services dispatch and response depends on equipment which must function reliably on a continuous basis; and
WHEREAS, older equipment reaches a point of being high maintenance and becomes unreliable; and
WHEREAS, technology continues to improve, necessitating upgrading hardware and software for reverse 9-1-1 services and other needs;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association urges our state legislators to provide full funding to the Emergency 9-1-1 Services Program for maintenance and improvement; and
BE IT FURTHER RESOLVED that funds generated by the 9-1-1 surcharge will not be used by the Legislature as money set aside to balance the state budget; and
BE IT ALSO RESOLVED that any such funds set aside be fully appropriated for the Emergency 9-1-1 Services Program.

14. Opposition to Granting Powers to Municipal Utility Districts and Special Utility Districts
WHEREAS, Texas is one of the fastest-growing states in the Union; and
WHEREAS, city government and county government should have appropriate authority to regulate growth in their respective counties and cities; and
WHEREAS, special water districts and private water corporations have the means to furnish water and provide for growth in rural areas of the counties; and
WHEREAS, municipal utility districts and special utility districts have been improperly used by certain developers to avoid compliance with county and city infrastructure plans;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association opposes the granting of additional powers to municipal utility districts and special utility districts and requests that the approval of the county be required before any further districts are created.

15. Support for County Road Grant Fund
WHEREAS, constitutional amendments have been approved by the voters to increase dedicated funding for public roadways; and
WHEREAS, these constitutional amendments will provide additional funding to be used only for constructing, maintaining, and acquiring right of way for public roadways other than toll roads; and
WHEREAS, these constitutional amendments provide needed support for public highways without increasing taxes; and
WHEREAS, the county road system is eligible for assistance from this funding; and
WHEREAS, county roads are being devastated by overweight trucks to enhance the production of oil and gas; and
WHEREAS, the oil and gas severance tax should be equitably shared with counties to repair this damage;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that additional funding be appropriated to support the county road grant program.

16. Uranium Mining Regulation
WHEREAS, uranium mining creates a special hazard for local groundwater; and
WHEREAS, uranium mining places a high demand upon local groundwater resources; and
WHEREAS, groundwater pollution by uranium mining cannot be recovered or rehabilitated and creates a permanent loss of groundwater; and
WHEREAS, county and groundwater conservation districts have very limited power to regulate uranium mining under current law;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that state law be amended to require a due process permit proceeding and approval by the local Commissioners Court and groundwater conservation district before any permit is granted for uranium mining.

17. Sludge Waste Disposal
WHEREAS, human waste and other toxic materials are contained in municipal, domestic and commercial sludge; and
WHEREAS, this sludge waste contains harmful bacteria, viruses and chemicals that may contaminate local water supplies; and
WHEREAS, the current rules of the Texas Commission on Environmental Quality are inadequate to protect the water supply and adjacent landowners from the improper disposal of sludge waste; and
WHEREAS, disposal of these materials should be a matter of local regulation;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association hereby requests that no permits be issued for the disposal of sludge waste without the approval of the Commissioners Court and that the Texas Legislature clearly authorize local control of all sludge waste permits.

18. Fireworks Regulations
WHEREAS, counties currently have limited authority to regulate fireworks; and
WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association is opposed to any legislative action that would remove current county authority to regulate fireworks.

19. Oil and Gas Waste Disposal Facilities
WHEREAS, the Texas oil and gas industry is a vital part of our economy; and
WHEREAS, this industry requires the use of disposal facilities, such as waste injection wells, to operate in an efficient manner; and
WHEREAS, the operation of these disposal facilities can pose a substantial risk to the groundwater supply; and
WHEREAS, protection of the groundwater is also essential to the economy and health and safety of Texas citizens; and
WHEREAS, adequate information should be provided to Texas counties and their citizens to ensure the safe operation of oil and gas waste facilities and protection of the groundwater;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature and the Texas Railroad Commission require that Texas counties, their citizens and groundwater conservation districts be provided all available information concerning proposed oil and gas waste facilities in their area and a full opportunity to participate in the evaluation of any application for additional facilities; and
BE IT FURTHER RESOLVED that the Texas Railroad Commission be required to evaluate and consider the full local infrastructure impact and effect on local communities before voting on any such permit.

20. Rural Public Transit
WHEREAS, 37 Rural Transit District serve all the counties throughout Texas; and
WHEREAS, Rural Transit Districts provide access to needed goods and services, jobs and medical services throughout the rural counties of Texas; and
WHEREAS, Rural Transit Districts traveled 31,381,803 miles and provided 6,336,451 one-way trips to the citizens of rural Texas in 2014; and
WHEREAS, Rural Transit Districts have not received an increase in state funding since the year 2000; and
WHEREAS, on average, bus fleets for Rural Transit Districts are at 130 percent of their established lifecycle; and
WHEREAS, funding opportunities for large federal and state grants have historically left qualified rural projects underfunded; and
WHEREAS, without increased funding, in order to meet increasing service demands and costs in rural areas, services to those most in need in rural Texas will suffer;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its support for a meaningful increase in funding for Rural Transit Districts

21. Opposition to Rules Adopted by the Texas Department of Motor Vehicles That Decrease County Revenues, Increase County Costs, and Reduce Local Control and Local Services
WHEREAS, the county tax assessor-collector is charged with collecting vehicle registration fees which provide for certain legislative authorized revenues to offset costs associated with collecting and dispersing these fees for the Texas Department of Motor Vehicles; and
WHEREAS, the 83rd State Legislature created the Texas Department of Motor Vehicles Fund, authorized the Texas Department of Motor Vehicles to establish certain fees by board rule, authorized the board to direct certain fees to the fund, and allowed for county revenues to be set by board rule: and
WHEREAS, the Texas Department of Motor Vehicles has adopted rules setting title transfer and registration processing and handling fees for its own funding and has further adopted fees and changes for the county tax assessor-collectors and the various deputy classification types; and
WHEREAS, the county tax assessor-collector may deputize full-service title companies to provide titling and registration services and limited service companies to provide registration services, which increases access and locations for these services by citizens; and
WHEREAS, the rules adopted by the Texas Department of Motor Vehicles will decrease county revenues, increase county cost, and reduce local control and local services;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association opposes the rules as adopted by the Texas Department of Motor Vehicles amending Title 43 of the Texas Administrative Code Chapter 217.

22. Full Funding of DPS Labs
WHEREAS, the State of Texas through the Texas Department of Public Safety (DPS) provides for the testing of controlled and illegal substances for criminal cases; and
WHEREAS, while the service is valuable to the prosecutorial process, it is not timely as most tests require 6-9 months before results are rendered; and
WHEREAS, many alleged and formerly convicted violators must be released after 90 days with the high probability that they will reoffend and further endanger the public and further burden law enforcement; and
WHEREAS, the recent reduction in state funding will reduce the effectiveness of the DPS labs and result in further delays in the administration of justice;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests full funding, staffing and equipping of the labs to return results in the required legal time to serve justice.

23. County Homestead Exemption
WHEREAS, the current constitutional provisions limit the ability of counties to a percentage of the appraised value of homesteads; and
WHEREAS, the current limitations prevent the adoption of a homestead exemption to provide greater benefit to lower-priced properties; and
WHEREAS, additional discretion should be granted to counties to determine the homestead exemption;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that a constitutional amendment be adopted to allow counties to grant discretionary homestead exemptions based upon a dollar amount of the taxable value of the property.

24. Texas Department of Criminal Justice Inmates
WHEREAS, currently counties are required to hold inmates who have been committed to the Texas Department of Criminal Justice (TDCJ) for up to 45 days; and
WHEREAS, counties are required to hold parolees who are awaiting a revocation hearing before the TDCJ Parole Board; and
WHEREAS, the TDCJ does not provide adequate transportation of its inmates from county jails to its facilities; and
WHEREAS, the cost to county taxpayers for the failure of the State of Texas to meet its responsibilities for state inmates is approximately $100 million per year;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the State of Texas fully reimburse counties for all costs incurred for the confinement and transport of TDCJ inmates.

25. Optional County Road and Bridge Fee
WHEREAS, the current maximum county optional road and bridge fee has been frozen at $10 since 1991; and
WHEREAS, the cost of construction and maintenance of the county road system has increased tremendously in recent years; and
WHEREAS, as the population of Texas continues to grow, the need for efficient county transportation systems will increase;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the maximum county optional road and bridge fee be raised to $20 per vehicle.

26. Voting Machine Costs
WHEREAS, the Federal Help America Vote Act requires that counties provide an electronic voting system at each voting location; and
WHEREAS, the current voting systems have serious security and maintenance issues; and
WHEREAS, replacement of these systems will require a great expenditure of public funds; and
WHEREAS, the purchase, programming of, and maintenance of these systems is a state and federal responsibility;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests full funding from the federal and state government for the replacement of all voting systems, programming, and maintenance.

West Texas County Judges and Commissioners Association
2018 Resolutions Committee

Tarrant County Judge Glen Whitley – Chairman
Oldham County Judge Don Allred
Parmer County Commissioner Kirk Frye
Wichita County Judge Woodrow W. “Woody” Gossom Jr.
Hale County Commissioner Harold King
Taylor County Commissioner Chuck Statler

In addition to the above-adopted resolutions, the West Texas County Judges and Commissioners Association Resolutions Committee requests that the following items be recommended for future study and consideration.

1. County responsibility for cost of transport, autopsy and disposition of dead bodies.
2. State responsibility for drug-resistant tuberculosis cases and HIV medications.
3. Maintain local control and recovery of cost of reproduction of clerk’s digitized records and e-filing.
4. Proper tax valuation of compressor equipment, refineries and new oil and gas production facilities, and exclusion of new oil and gas interests from the effective tax rate.
5. Full funding for school vaccination program.
6. Require vehicles to reduce speed and/or yield a traffic lane to county road and bridge vehicles and equipment.
7. Require Commissioners Court representation on Regional Water Planning Groups.
8. Request legislation to require state reimbursement for court-appointed attorneys in child protective services cases.
9. Restore full funding for the Texas Historic Courthouse Preservation Grant Program.
10. State funding for all state special elections.
11. Additional funding for sales tax support on fireworks dedicated for local use.
12. More local authority on the regulation of fireworks.
13. Additional county authority over vehicle inspection and licensing procedures.
14. Local retention of asset forfeiture funds.
15. Abuse of the Public Information Act.
16. Abolish the excessive driver’s license fees assessed under the Driver Responsibility Act while maintaining support for trauma centers and EMS.
17. Support and restore county authority to regulate all county buildings and property.
18. Support an exemption from state motor fuel taxes for county equipment and vehicles.
19. Affirm county control of weapons in county courthouses.
20. Support full state funding for lost revenue from disabled veterans and surviving spouses exemption.
21. Review of the equity of ad valorem tax exemptions and the property appraisal process to facilitate a more equitable tax system.
22. State provide transportation for female prisoners or full reimbursement of the cost.
23. Change the day of statewide elections to Saturday.

North & East Texas County Judges and Commissioners Association 2018 Resolutions

July 10, 2018 by County Progress

The following resolutions were passed by the North & East Texas County Judges and Commissioners Association representing 74 counties in the State of Texas on
May 17, 2018, during the Association’s Annual Conference.

1. Thanks to the Host Court
WHEREAS, the Annual Conference of the North & East Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on May 14-17, 2018; and
WHEREAS, the Honorable Commissioners Court of Collin County has hosted the North & East Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its wholehearted thanks and deep appreciation to the Honorable Court of Collin County for its courteous and warm hospitality extended to each of us.

2. Thanks to the Conference Sponsors and Exhibitors
WHEREAS, the Annual Conference of the North & East Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on May 14-17, 2018; and
WHEREAS, the many sponsors and exhibitors provide significant financial support for the conference and the Association; and
WHEREAS, the sponsors and exhibitors provide valuable information to our members;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its deep appreciation to our generous conference sponsors and exhibitors.

3. Thanks to State and Local Associations and Friends of County Government
WHEREAS, the Annual Conference of the North & East Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on May 14-17, 2018; and
WHEREAS, the members of the North & East Texas County Judges and Commissioners Association wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Magee, LLP; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Executive Director Ginny Lewis; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Executive Director Dr. Peter McGuill; the Texas A&M AgriLife Extension Service agents’ professional associations; County Progress Magazine and Editor Julie Anderson; and the many other state and local associations and people who have all been so helpful to county government;
NOW, THEREFORE, BE IT RESOLVED that this Association thanks all of these individuals and their staffs for their past, present and future help on behalf of county government.

4. Memorial to Deceased Officials and Special Friends
WHEREAS, the following highly regarded members and friends of the North & East Texas County Judges and Commissioners Association are deceased; and
WHEREAS, the Association desires to pay appropriate respect to these members and friends; and
WHEREAS, since our last conference, the North & East Texas County Judges and Commissioners Association has mourned the passing of:

Grimes County Commissioner Gary Alan Husfeld
Former Trinity County Commissioner Jessie Dean Price
Former Kaufman County Commissioner Jerry Rowden
Former Lamar County Commissioner Jackie Wheeler

NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association members pause for a moment of silence and meditation to honor the memory of these respected individuals.

5. Opposition to Unfunded Mandates
WHEREAS, Texas counties are responsible for the operation and management of many and various governmental programs as required or authorized by state law; and
WHEREAS, some county government programs are fully or partially supported with funds disbursed by the State of Texas pursuant to the state appropriations process; and
WHEREAS, the State of Texas, acting through the Texas Legislature or through a state agency or executive order, may enact laws or promulgate rules that have the effect of imposing mandatory financial obligations upon Texas counties; and
WHEREAS, the State of Texas, through the Texas Legislature or through a state agency or executive order, mandates that counties implement certain governmental programs or perform certain duties and obligations including financial commitments by a county to expend county funds in connection therewith; and
WHEREAS, during each regular session of the Texas Legislature, all state funds that support county programs are reviewed through the state appropriation process and by other state budgetary review systems; and
WHEREAS, the aforementioned review process may result in a reduction, or cessation, of state financial support of county government programs causing an unforeseeable disruption and reduction of the county budget and operations; and
WHEREAS, Texas counties cannot achieve reliable financial planning and the necessary bond ratings sufficient to support county-related obligations when the state mandates a new program that is not fully funded or under conditions where the state reduces or fully withdraws prior funding and disbursement for county government programs;
NOW, THEREFORE, the North & East Texas County Judges and Commissioners Association and its 74 current member counties do hereby resolve that for the foregoing reasons, it is in the best interests of Texas counties and their taxpayers to support and favor the passage of legislation in the form of an amendment to the Constitution of the State of Texas that would expressly prohibit the imposition of a mandatory governmental program on Texas counties, whether by an act of the Texas Legislature or a state agency or by executive order, unless the State of Texas has fully funded and disbursed all necessary funds to enable Texas counties to operate said governmental program.

6. Support for Local Decision-Making and Opposition to Revenue Caps
WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; and
WHEREAS, 54 percent of the average taxpayer’s property tax burden is due to school taxes while only 16 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 and 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 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, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without alternative funding sources;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local decision-making and does hereby oppose any attempts to impose revenue caps upon Texas counties, and the North & East Texas County Judges and Commissioners Association expresses its deep appreciation to all legislators who oppose these unsound measures.

7. County Local Option Revenue Sources
WHEREAS, county revenue sources are extremely limited; and
WHEREAS, under current statutes, counties are forced to rely upon property taxes to fund necessary services; and
WHEREAS, county taxpayers should have the option to adopt a local sales tax, a local severance tax, a local motor fuel tax, an increase in local vehicle registration fees, and other revenue sources to reduce property taxes;
NOW, THEREFORE, BE IT RESOLVED, that the North & East Texas County Judges and Commissioners Association requests that the Legislature amend the tax statutes to allow the adoption of a county local option sales tax, a local option severance tax, a local option motor fuel tax, an increase in local vehicle registration fees, and other revenue sources for the reduction of property taxes without imposing any additional revenue caps.

8. Indigent Health Care
WHEREAS, revisions have been proposed regarding the Texas system of indigent health care; and
WHEREAS, some revisions propose an assessment upon counties to support a regional indigent health care system; and
WHEREAS, such assessment would constitute an unfunded mandate, requiring property tax increases in those counties; and
WHEREAS, such regional systems would not be efficient or responsive to local taxpayers; and
WHEREAS, the present Section 1115 Waiver provides voluntary opportunities to participate in health care innovation projects;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association opposes any attempt to impose a mandatory assessment upon Texas counties to fund a regional or statewide health care system and instead supports the continuation of the voluntary Section 1115 grants.

10. Juvenile Probation Funding
WHEREAS, the supervision of juvenile offenders is a responsibility of the State of Texas; and
WHEREAS, the Texas Legislature has consistently failed to appropriate sufficient funding to meet this responsibility; and
WHEREAS, Texas counties have increasingly met this burden by funding juvenile probation services and facilities; and
WHEREAS, Texas counties and their local taxpayers are now providing over 75 percent of the costs of juvenile probation; and
WHEREAS, current state funding formulas will continue to shift additional costs to county taxpayers unless addressed by the State of Texas;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of supervision of juvenile offenders, including the costs for juvenile probation services.

11. Mental Health Patients
WHEREAS, Texas counties have been forced to hold mentally incompetent prisoners for up to six months while awaiting court-ordered transfer to a state mental facility for treatment; and
WHEREAS, each of these pre-trial inmates costs the local taxpayer approximately $9,000 during this period of incarceration; and
WHEREAS, the county jail is not an appropriate facility for the mentally ill, and these prisoners pose a high risk of injury to themselves, the jail staff and other prisoners; and
WHEREAS, a State District Court in Travis County ordered the Department of Health Services to receive these prisoners within 21 days of a judge’s order; and
WHEREAS, instead of accepting its responsibility, the State appealed this order; and
WHEREAS, this delay by the State is increasing the cost to our taxpayers and continuing this improper practice;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association hereby requests that the State of Texas implement additional funding for mental health services and implement the state mental health plan to ensure the efficient and effective use of these resources.

12. Opposition to Diversion of Dedicated Funds
WHEREAS, the Legislature has committed certain funds for dedicated purposes; and
WHEREAS, unfortunately these funds have been improperly withheld from these needed functions and used to balance the general state budget; and
WHEREAS, the state leadership has proposed to end this diversion of funds;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

13. Emergency Services Program
WHEREAS, citizens of Texas desire access to 9-1-1 emergency services in an efficient manner, as evidenced by approval of the monthly fee on business and residential phone bills; and
WHEREAS, the 9-1-1 emergency services dispatch and response depends on equipment which must function reliably on a continuous basis; and
WHEREAS, older equipment reaches a point of being high maintenance and becomes unreliable; and
WHEREAS, technology continues to improve, necessitating upgrading hardware and software for reverse 9-1-1 services and other needs;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association urges our state legislators to provide full funding to the Emergency 9-1-1 Services Program for maintenance and improvement; and
BE IT FURTHER RESOLVED that funds generated by the 9-1-1 surcharge will not be used by the Legislature as money set aside to balance the state budget; and
BE IT ALSO RESOLVED that any such funds set aside be fully appropriated for the Emergency 9-1-1 Services Program.

14. Opposition to Granting Powers to Municipal Utility Districts and Special Utility Districts
WHEREAS, Texas is one of the fastest-growing states in the Union; and
WHEREAS, city government and county government should have appropriate authority to regulate growth in their respective counties and cities; and
WHEREAS, special water districts and private water corporations have the means to furnish water and provide for growth in rural areas of the counties; and
WHEREAS, municipal utility districts and special utility districts have been improperly used by certain developers to avoid compliance with county and city infrastructure plans;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association opposes the granting of additional powers to municipal utility districts and special utility districts and requests that the approval of the county be required before any further districts are created.

15. Support for County Road Grant Fund
WHEREAS, constitutional amendments have been approved by the voters to increase dedicated funding for public roadways; and
WHEREAS, these constitutional amendments will provide additional funding to be used only for constructing, maintaining, and acquiring right of way for public roadways other than toll roads; and
WHEREAS, these constitutional amendments provide needed support for public highways without increasing taxes; and
WHEREAS, the county road system is eligible for assistance from this funding; and
WHEREAS, county roads are being devastated by overweight trucks to enhance the production of oil and gas; and
WHEREAS, the oil and gas severance tax should be equitably shared with counties to repair this damage;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that additional funding be appropriated to support the county road grant program.

16. Uranium Mining Regulation
WHEREAS, uranium mining creates a special hazard for local groundwater; and
WHEREAS, uranium mining places a high demand upon local groundwater resources; and
WHEREAS, groundwater pollution by uranium mining cannot be recovered or rehabilitated and creates a permanent loss of groundwater; and
WHEREAS, county and groundwater conservation districts have very limited power to regulate uranium mining under current law;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that state law be amended to require a due process permit proceeding and approval by the local Commissioners Court and groundwater conservation district before any permit is granted for uranium mining.

17. Sludge Waste Disposal
WHEREAS, human waste and other toxic materials are contained in municipal, domestic and commercial sludge; and
WHEREAS, this sludge waste contains harmful bacteria, viruses and chemicals that may contaminate local water supplies; and
WHEREAS, the current rules of the Texas Commission on Environmental Quality are inadequate to protect the water supply and adjacent landowners from the improper disposal of sludge waste; and
WHEREAS, disposal of these materials should be a matter of local regulation;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association hereby requests that no permits be issued for the disposal of sludge waste without the approval of the Commissioners Court and that the Texas Legislature clearly authorize local control of all sludge waste permits.

18. Fireworks Regulations
WHEREAS, counties currently have limited authority to regulate fireworks; and
WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association is opposed to any legislative action that would remove current county authority to regulate fireworks.

19. Oil and Gas Waste Disposal Facilities
WHEREAS, the Texas oil and gas industry is a vital part of our economy; and
WHEREAS, this industry requires the use of disposal facilities, such as waste injection wells, to operate in an efficient manner; and
WHEREAS, the operation of these disposal facilities can pose a substantial risk to the groundwater supply; and
WHEREAS, protection of the groundwater is also essential to the economy and health and safety of Texas citizens; and
WHEREAS, adequate information should be provided to Texas counties and their citizens to ensure the safe operation of oil and gas waste facilities and protection of the groundwater;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that the Texas Legislature and the Texas Railroad Commission require that Texas counties, their citizens and groundwater conservation districts be provided all available information concerning proposed oil and gas waste facilities in their area and a full opportunity to participate in the evaluation of any application for additional facilities; and
BE IT FURTHER RESOLVED that the Texas Railroad Commission be required to evaluate and consider the full local infrastructure impact and effect on local communities before voting on any such permit.

20. Rural Public Transit
WHEREAS, 37 Rural Transit District serve all the counties throughout Texas; and
WHEREAS, Rural Transit Districts provide access to needed goods and services, jobs and medical services throughout the rural counties of Texas; and
WHEREAS, Rural Transit Districts traveled 31,381,803 miles and provided 6,336,451 one-way trips to the citizens of rural Texas in 2014; and
WHEREAS, Rural Transit Districts have not received an increase in state funding since the year 2000; and
WHEREAS, on average, bus fleets for Rural Transit Districts are at 130 percent of their established lifecycle; and
WHEREAS, funding opportunities for large federal and state grants have historically left qualified rural projects underfunded; and
WHEREAS, without increased funding, in order to meet increasing service demands and costs in rural areas, services to those most in need in rural Texas will suffer;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its support for a meaningful increase in funding for Rural Transit Districts

21. Opposition to Rules Adopted by the Texas Department of Motor Vehicles That Decrease County Revenues, Increase County Costs, and Reduce Local Control and Local Services
WHEREAS, the county tax assessor-collector is charged with collecting vehicle registration fees which provide for certain legislative authorized revenues to offset costs associated with collecting and dispersing these fees for the Texas Department of Motor Vehicles; and
WHEREAS, the 83rd State Legislature created the Texas Department of Motor Vehicles Fund, authorized the Texas Department of Motor Vehicles to establish certain fees by board rule, authorized the board to direct certain fees to the fund, and allowed for county revenues to be set by board rule: and
WHEREAS, the Texas Department of Motor Vehicles has adopted rules setting title transfer and registration processing and handling fees for its own funding and has further adopted fees and changes for the county tax assessor-collectors and the various deputy classification types; and
WHEREAS, the county tax assessor-collector may deputize full-service title companies to provide titling and registration services and limited service companies to provide registration services, which increases access and locations for these services by citizens; and
WHEREAS, the rules adopted by the Texas Department of Motor Vehicles will decrease county revenues, increase county cost, and reduce local control and local services;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association opposes the rules as adopted by the Texas Department of Motor Vehicles amending Title 43 of the Texas Administrative Code Chapter 217.

22. Full Funding of DPS Labs
WHEREAS, the State of Texas through the Texas Department of Public Safety (DPS) provides for the testing of controlled and illegal substances for criminal cases; and
WHEREAS, while the service is valuable to the prosecutorial process, it is not timely as most tests require 6-9 months before results are rendered; and
WHEREAS, many alleged and formerly convicted violators must be released after 90 days with the high probability that they will reoffend and further endanger the public and further burden law enforcement; and
WHEREAS, the recent reduction in state funding will reduce the effectiveness of the DPS labs and result in further delays in the administration of justice;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests full funding, staffing and equipping of the labs to return results in the required legal time to serve justice.

23. County Homestead Exemption
WHEREAS, the current constitutional provisions limit the ability of counties to a percentage of the appraised value of homesteads; and
WHEREAS, the current limitations prevent the adoption of a homestead exemption to provide greater benefit to lower-priced properties; and
WHEREAS, additional discretion should be granted to counties to determine the homestead exemption;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that a constitutional amendment be adopted to allow counties to grant discretionary homestead exemptions based upon a dollar amount of the taxable value of the property.

24. Texas Department of Criminal Justice Inmates
WHEREAS, currently counties are required to hold inmates who have been committed to the Texas Department of Criminal Justice (TDCJ) for up to 45 days; and
WHEREAS, counties are required to hold parolees who are awaiting a revocation hearing before the TDCJ Parole Board; and
WHEREAS, the TDCJ does not provide adequate transportation of its inmates from county jails to its facilities; and
WHEREAS, the cost to county taxpayers for the failure of the State of Texas to meet its responsibilities for state inmates is approximately $100 million per year;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that the State of Texas fully reimburse counties for all costs incurred for the confinement and transport of TDCJ inmates.

25. Optional County Road and Bridge Fee
WHEREAS, the current maximum county optional road and bridge fee has been frozen at $10 since 1991; and
WHEREAS, the cost of construction and maintenance of the county road system has increased tremendously in recent years; and
WHEREAS, as the population of Texas continues to grow, the need for efficient county transportation systems will increase;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that the maximum county optional road and bridge fee be raised to $20 per vehicle.

26. Voting Machine Costs
WHEREAS, the Federal Help America Vote Act requires that counties provide an electronic voting system at each voting location; and
WHEREAS, the current voting systems have serious security and maintenance issues; and
WHEREAS, replacement of these systems will require a great expenditure of public funds; and
WHEREAS, the purchase, programming of, and maintenance of these systems are state and federal responsibilities;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests full funding from the federal and state government for the replacement of all voting systems, programming, and maintenance.

North & East Texas County Judges and Commissioners Association
2018 Resolutions Committee
Cass County Commissioner Paul Cothren – Chairman
Navarro County Judge H.M. Davenport
Ellis County Commissioner Lane Grayson
Johnson County Judge Roger Harmon
Rains County Commissioner Patsy Marshall
Grimes County Commissioner Barbara Walker
Kaufman County Judge Bruce Wood

In addition to the above-adopted resolutions, the North & East Texas County Judges and Commissioners Association Resolutions Committee requests that the following items be recommended for future study and consideration.

2018 State Association Resolutions

The following resolutions were passed by the County Judges and Commissioners Association of Texas representing 254 counties in the State of Texas on October 11, 2018, during the Association’s Annual Conference.

1. Thanks to the Host Court

Welcome to Grassroots Government

County ‘Resolutions’ Depict Depth, Breadth of Responsibilities

Panhandle County Judges and Commissioners Association of Texas 2018 Resolutions

Appreciation to Hosts and Sponsors

Resolution

Resolution

Resolution

Resolution

Resolution

Resolution

Resolution

Resolution

Resolution

West Texas County Judges and Commissioners Association 2018 Resolutions

North & East Texas County Judges and Commissioners Association 2018 Resolutions

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