The following resolutions were passed by the County Judges and Commissioners Association of Texas, representing 254 counties in the state of Texas, on September 21, 2006, during the Association’s annual conference.
Thanks to the Host Court
WHEREAS, the annual conference of the County Judges and Commissioners Association of Texas was held in Addison, Texas, September 18-21, 2006; and
WHEREAS, the Honorable Commissioners Court of Dallas 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 has wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Dallas County, Intercontinental Dallas Hotel, sponsors, contributors and exhibitors for their courteous and warm hospitality extended to each of us.
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 held in Addison, Texas, September 18-21, 2006; 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 & Associates, L.L.P.; the Texas Association of Counties and Executive Director Sam Seale; the Texas Association of Regional Councils and Director Penny Redington; the V.G. Young Institute of County Government, a part of Texas Cooperative Extension, Director Richard O. Avery, and Extension Program Specialist Stacy Morris; the Texas Cooperative Extension agents’ professional associations; County Progress magazine; 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 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:
Cochran County Commissioner Joe Bob Allen
Former Midland County Commissioner Winn Brown
Former Borden County Commissioner Dee Burrus
Former Hockley County Commissioner Dutch Chesser
Former Wise County Commissioner Vernon Clower
Former Yoakum County Commissioner Johnnie L. Fitzgerald
Former Wise County Commissioner Jerry Flusche
Former Floyd County Commissioner Craig Gilly
Former Roberts County Judge Charles E. Haynes
Former Palo Pinto County Commissioner Robert Smith Jones
Former Garza County Commissioner Ronald Mason McClellan
Former Upton County Judge Jacob Allen Moore
Former Runnels County Judge Michael Murchison
Brewster County Commissioner J.W. “Red” Pattillo
Former Haskell County Judge Beverly O. Roberson
Former Shackelford County Judge Barbara Marie Smith
Former Runnels County Commissioner Gilbert Smith
Former Parmer County Commissioner Johnny Tannahill
Former Wilbarger County Commissioner O.J. Walker
Hardeman County Commissioner C.L. Wall
Former Tom Green County Commissioner E.W. Wilson
Former Upton County Commissioner Thomas David (Tommy) Workman Jr.
Former Cochran County Judge Robert Yeary
Former Tom Green County Commissioner Ervin “Junior” Young
North and East Texas Region:
Madison County Commissioner Jim Andrus
Madison County Commissioner Don Farris
Williamson County Commissioner Tom McDaniel
Former Angelina County Commissioner Charles “Bo” Shofner
Polk County Commissioner Jack Bob “Bobby” Smith
South Texas Region:
Former DeWitt County Commissioner Bonnie Buenger
Former Goliad County Commissioner Jim Farley
Former Brazoria County Commissioner John P. Gayle
Former Bee County Commissioner Adam Gonzales
Former Medina County Commissioner Royce Hartmann
Willacy County Commissioner Jose Jimenez
Former Wharton County Judge Delfin Edward Marek
Former Bee County Commissioner Toby Ortiz
Former Austin County Commissioner Roland Remmert
Former Travis County Commissioner Ann Richards
Former Blanco County Judge Charles Scott
Former Jackson County Commissioner Erwin Skalicky
Former Atascosa County Commissioner Smith Tausch
Former Waller County Judge Glenn Taylor
Former Medina County Commissioner Leon F. Tschirhart Sr.
Former Hays County Commissioner Benjamin “Benny” Wranitzky
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 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 members 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, including 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.
Indigent Health Care
WHEREAS, legislation has been proposed regarding the Texas system of indigent health care; and
WHEREAS, some previous bills have proposed 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;
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.
Federal Funding for Indigent Health Care
WHEREAS, Texas has relied upon hospital districts, counties, and public and non-profit hospitals to provide health care to our indigent citizens; and
WHEREAS, the state of Texas has failed to fully access federal Medicaid funds; and
WHEREAS, this failure of the state of Texas has forced local taxpayers to assume this burden through property taxes; and
WHEREAS, these federal funds are being fully utilized by other states;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the state of Texas expand its Medicaid program to obtain federal matching funds for indigent health care and relieve the property taxpayer of this unfair burden.
Opposition to Appraisal Caps and Revenue Caps
WHEREAS, in Regular Session the Texas Legislature is expected to consider proposals for revenue caps on counties and lower appraisal caps; 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, appraisal caps or revenue caps would diminish local control 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, artificial appraisal caps or revenue caps will result in a shift of taxes from rapidly appreciating properties to those remaining relatively stable in value; and
WHEREAS, appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in severe impacts on county services; and
WHEREAS, undermining a property tax system based upon fair market value is questionable public policy and will result in a distorted, inequitable taxation scheme under which identical homes could be taxed at vastly different amounts;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby express its opposition to efforts to limit local control and does hereby oppose any attempts to impose revenue caps or appraisal caps upon Texas counties.
Indigent Criminal Defense
WHEREAS, indigent criminal defense legislation has required additional county taxpayer expense to provide indigent criminal defense services; and
WHEREAS, indigent criminal defense legislation has added administrative duties and reporting requirements to county offices; and
WHEREAS, the present appropriation is insufficient to reimburse the county for these mandated costs, with 65 percent of the costs being imposed on county taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the provisions of indigent criminal defense legislation be revised to simplify the administrative and reporting requirements and improve the efficiency of the indigent criminal defense program, and that formal criminal proceedings be initiated within 30 days in all criminal cases; and
BE IT FURTHER RESOLVED that the Legislature appropriate sufficient funds to compensate counties for the full cost of implementing the indigent criminal defense program and submit the program to full Sunset Review in 2008.
Mandatory Attorney Fees in Child Protective Services Cases
WHEREAS, Senate Bill 6 was amended in Conference Committee to mandate that counties provide attorneys to represent indigent parents in all Child Protective Services cases; and
WHEREAS, this unfunded mandate was added to this legislation without any notice or public hearing; and
WHEREAS, this legislation provided no funding for these additional services; and
WHEREAS, this mandate has been imposed upon county property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that mandatory representation in Child Protective Services cases be repealed unless fully funded by the state of Texas.
Local Option Development Authority
WHEREAS, Texas counties have very limited authority to implement a county development plan; and
WHEREAS, this lack of authority has caused inefficient and inequitable distribution of the transportation and infrastructure costs of new development;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that counties be granted local option authority to adopt county development plans and impose reasonable impact fees to fairly distribute the infrastructure costs for new development.
County Fees and Fines
WHEREAS, county fees and fines are a traditional source of funding for the support of local law enforcement, county detention facilities, and the court system; and
WHEREAS, counties have no other available sources of revenue except the over-burdened property tax; and
WHEREAS, the state of Texas has invaded these traditional county revenue sources by creating additional fees to be collected at the county level and forwarded to the state comptroller for state purposes;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that all fines and fees collected at the county level be retained by the county for local budget needs.
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, Texas is expected to have a 75 million population at build-out; 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 Legislature granting additional powers to municipal utility districts and special utility districts.
County Support of Hurricane Victims
WHEREAS, Texas counties have provided generous support to relieve the suffering and meet the needs of the victims of Hurricane Katrina and Hurricane Rita; and
WHEREAS, the services, facilities and support provided by Texas counties have severely impacted local county budgets; and
WHEREAS, these costs have been incurred to respond to an immediate national emergency; and
WHEREAS, these emergency services are essential to maintain our nation and respond to natural disasters or acts of terrorism;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the federal and state governments provide full and complete reimbursement to Texas counties for all costs incurred for hurricane relief efforts; and
BE IT FURTHER RESOLVED that the County Judges and Commissioners Association of Texas requests that the federal and state governments provide sufficient funding for the acquisition, installation and maintenance of emergency generators to maintain electrical power for public water supply and sewer systems during disaster disruptions.
Filing Deadline Conflict
WHEREAS, the current Election Code provisions result in filing date deadlines that occur on national, state and local holidays; and
WHEREAS, this results in considerable confusion and inconvenience to the public, candidates and filing officials;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that the state Legislature amend the Election Code to prevent filing deadlines that coincide with federal, state or local holidays.
State Hospital System
WHEREAS, Texas counties are required to provide inpatient psychiatric services to meet the needs of the citizens of Texas; and
WHEREAS, the state hospital system has not been able to service court-ordered confinement and voluntary commitment to these fragile individuals needing care for their mental illnesses because rooms formerly used by patients are now dormant or being used for criminal inmates; and
WHEREAS, the state hospital system is frequently on diversionary status requiring law enforcement and families to transport individuals and loved ones to hospitals far from their home community for care; and
WHEREAS, there has been a substantial decrease in the number of private psychiatric inpatient care facilities in Texas leaving the responsibility of this level of care to the state hospital system;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the Texas Legislature increase the capacity in the state hospital system to adequately meet the needs of the citizens of Texas.
Waste Tire Disposal Fee
WHEREAS, the state of Texas requires the collection of a waste tire disposal fee on all scrap tires left with a tire retailer; and
WHEREAS, the state of Texas does not utilize this fee for the recycling or disposal of waste tires; and
WHEREAS, the state of Texas terminated its waste tire recycling program in 1997; and
WHEREAS, the continued collection of this fee provides incentive to consumers to improperly dispose of scrap tires; and
WHEREAS, many of these scrap tires are being deposited in county road drainage ditches and other environmentally unsafe locations; and
WHEREAS, the cost of removing these scrap tires is being unfairly placed upon local taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that the state of Texas institute a program for the proper mandatory recycling or disposal of scrap tires and provide sufficient funding to operate the program.
State Driving License Fees
WHEREAS, the state of Texas has attempted to meet its budget needs by assessing additional fees on driving licenses for certain criminal violations; and
WHEREAS, this program has not produced the estimated revenue for the state; and
WHEREAS, this program has caused a tremendous increase in status offenses, such as driving while license suspended, driving while license invalid, and driving without insurance; and
WHEREAS, this program has resulted in additional pressure on the courts and the county jail; and
WHEREAS, this program is not beneficial to the citizens of Texas;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby request that the state Legislature abolish the additional driving license fees being assessed for certain criminal violations.
Bobby Smith Memorial Resolution
WHEREAS, Bobby Smith passed away on October 19, 2005, at the age of 59; and
WHEREAS, Bobby Smith left a legacy of public service and personal integrity that will always be admired by those who knew him; and
WHEREAS, Bobby Smith served as Precinct 2 Polk County Commissioner for almost 20 years and devoted his life to the improvement of his community with the Onalaska Volunteer Fire Department, Houston Livestock Show and Rodeo, Onalaska Youth Sports Association, the Polk County Area Go Texan Committee and other civic organizations; and
WHEREAS, Bobby Smith provided leadership to numerous county organizations as an officer and board member for the Texas Association of Counties, the Deep East Texas Council of Governments, the V. G. Young Institute of County Government; and the North and East Texas County Judges and Commissioners Association of Texas; and
WHEREAS, the County Judges and Commissioners Association of Texas was especially blessed to have Bobby Smith serve as its State President for 2004-2005; and
WHEREAS, our friend, Bobby Smith, is deeply missed by all of our members, who fondly remember his kind demeanor, lively wit, practical wisdom and indomitable spirit;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas expresses its deep sense of loss at the passing of Bobby Smith; and
BE IT FURTHER RESOLVED that this annual conference be dedicated to remembrance and celebration of the life of Bobby Smith.
Support of our President and Troops in War on Terrorism
WHEREAS, our nation is presently embroiled in a war on terrorism; and
WHEREAS, the security of our nation and our freedom is at risk;
NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas wholeheartedly supports our president and our troops in the war on terrorism.
CJCAT Resolutions Committee
Wichita County Judge Woodrow W. Gossom Jr., Chairman
Rockwall County Commissioner Bruce Beaty
Tom Green County Judge Mike Brown
Roberts County Judge Vernon Cook
Johnson County Judge Roger Harmon
In addition to the above-adopted resolutions, the County Judges and Commissioners Association of Texas Resolutions Committee requests that:
the State Executive Board establish criteria and policy to recognize retiring judges and commissioners at the Annual State Conference.
In addition, the Resolutions Committee requests that the following items of legislative interest be assigned to the Association’s general counsel to be developed as amendments to other legislation:
Remove the Interest and Sinking Fund amount from the General Revenue Tax Levy that is part of the 8 percent levy for indigent health care.
Allow counties to retain a proportionate amount of funds from fine and fee collections when the county collects from its own collections effort.
Direct a study by the CJCAT general counsel, the Texas Association of Counties, or the Legislature to determine the amount of local resources that are spent for the support of state agencies such as Community Corrections and Supervision (Adult Probation), Department of Public Safety, Texas Cooperative Extension, etc.
Revise the definition in Chapter 387 of the Local Government Code regarding “Special Assistance Districts” to allow any county to be eligible to collect sales tax in the areas that have not reached the 8.25 percent cap.
Oppose the closure of local Department of Human Services (DHS) offices and any further regionalization of human services including mental health and mental retardation (MHMR) and aging programs.
Support additional funding for county transportation needs and local control of overweight trucks on county roads and urge the state to refrain from diverting funds to non-transportation programs.
Support legislation to ensure that homeland security funds remain under local control.
Urge the Legislature to provide sufficient space in the Texas Department of Criminal Justice for all state offenders.
Support continuation of the Office of Rural Community Affairs.
Support legislation to exempt volunteer fire departments from the state motor fuel tax.