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Texas County Progress

Texas County Progress

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

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Changes in County Government Legal Requirements

September 1, 2021 by Sarah L

Counties are governed by the Texas Constitution, legislative statutes, court decisions, and orders and regulations from the governor and state agencies. This column will discuss some recent changes affecting Commissioners Courts.

VIRTUAL MEETINGS OF COMMISSIONERS COURTS

In March 2020, Gov. Greg Abbott suspended certain provisions of the Texas Open Meetings Act to allow telephonic or video conference meetings of Commissioners Courts during the COVID-19 epidemic. Effective September 1, 2021, this suspension is terminated, and all meetings of Commissioners Court must be conducted in full compliance with the Open Meetings Act. Please note that Section 551.127, Government Code does permit a member to participate by video conference call if a quorum is physically present at the meeting.

COMMISSIONERS ONLINE CONTINUING EDUCATION

In July 2020, Gov. Abbott suspended the “classroom” requirement for mandatory Commissioners education to allow interactive distance learning during the COVID-19 epidemic. However, S.B. 230, 87th Legislature, amended Section 81.0025(a), Local Government Code, to authorize online continuing education for Commissioners upon approval of the Commissioners Court, except for a County Commissioner in the first 12-month period of the Commissioner’s first term. The Commissioners Court needs to adopt an order to permit CJCAT credit for online continuing education for its Commissioners.

PROPOSITION 2 – COUNTY TRANSPORTATION REINVESTMENT ZONES

The Texas Constitution permits cities to finance transportation projects by pledging the increased tax revenues received from property adjacent to the project. On November 2, 2021, Texas voters will be able to extend this option to counties. Proposition 2 would provide Commissioners Court with the option to finance transportation projects without increasing taxes on other property owners. Please request support for Proposition 2 in the November election.

SPECIAL SESSION UNFUNDED MANDATES

Gov. Abbott has announced that special sessions will continue until action is taken on the items that he has submitted, including election reform and bail bond reform. The proposed legislation in these areas will increase the need for county services and personnel. These new requirements will become effective after county budgets and tax rates are adopted. Please contact your legislators and request that full funding be provided for any new requirements adopted by the Legislature in special session.

For additional information, please call me at 1-800-733-0699.

Filed Under: Feature Story, From the General Counsel Tagged With: 87th Legislative Session, commissioners court, education, Jim Allison, S.B. 230, unfunded mandates

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Important 2022 Election Dates

July 23, 2022 – First Day to File a Declaration of Write-in Candidacy

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Resolutions

The latest resolutions passed by the County Judges and Commissioners Association of Texas and the three Regional Associations are available at the links below.

County Judges and Commissioners Association of Texas Resolutions 2021

North & East Texas Resolutions 2021

South Texas Resolutions 2022

West Texas Resolutions 2022

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