With a total of 8,898 bills and joint resolutions filed, the legislative session will definitely include numerous bills with significant effect on counties. Bills often undergo major changes as they progress through the committee and floor process. To receive timely updates, please monitor the Texas Association of Counties listserv.
Under Section 5, Article III, Texas Constitution, the House and Senate may only consider emergency items submitted by the governor during the first 60 days of the session. This limitation can be suspended by a four-fifths vote of the body. After March 14, all bills are subject to consideration, and the calendar quickly becomes crowded. Since the only mandatory action is the adoption of the state budget, the appropriations bills will receive consideration.
The lieutenant governor and the speaker of the house exert great influence over the progress of various issues. The lieutenant governor reserves Senate Bill Nos. 1-31 for his priorities. House Bills Nos. 1-99 are reserved for the speaker’s primary issues. When there are differences in adopted House and Senate versions, they are resolved by a conference committee of House and Senate members appointed by the presiding officers.
There are some county-related bills that are already receiving high consideration. An update of important bills will be posted on the listserv. The following is an abbreviated list of critical bills:
Good Bills That Need Support:
H.B. 1/S.B. 1 – Appropriation Bills. Contact the state leadership to identify and request continued funding for all state grants received by your county plus additional funding of Transportation Infrastructure Grants for county road repair.
S.B. 253 by Sen. Flores, referred to Senate Local Government Committee – Corrects plat requirement statute to eliminate flag lots.
S.B. 468 by Sen. Sparks, referred to Senate Criminal Justice/H.B. 355 by Rep. Craddick, referred to House Juvenile Justice – Reimbursement to counties from TJJD for state juveniles not accepted within 30 days.
S.B. 1173 by Sen. Perry, referred to Senate Local Government/H.B. 1998 by Rep. Spiller – Increases the bid limit to $100,000.
Problem Bills That Need Work:
S.B. 19 by Sen. Middleton, reported favorably from Senate State Affairs – Prohibits counties from supporting a nonprofit association, such as the CJCAT, that provides legislative representation and communication.
S.B. 76 by Sen. Hall, referred to Senate State Affairs – Eliminates the countywide polling system.
S.B. 404 by Sen. Middleton, referred to Senate Local Government – Limits counties to state-managed investment pools.
S.B. 776 by Sen. Hughes, referred to Senate Business and Commerce/H.B. 2463 by Rep. Leach – Unlimited county liability to contractors for construction delays.
S.B. 982 by Sen. Hughes, referred to Senate Local Government – Allows appraisal appeals to J.P. court.
March Legislative Update:
With the selection of the House leadership and creation of committees, the legislative session is formally organized. While bill filing will continue until March 14, many important issues are already being addressed. As bills are referred to committees, hearings will be scheduled. Under the Texas Constitution, bills cannot be finally passed in the first 60 days of the session unless declared an emergency by Gov. Abbott.
In his State of the State address, Gov. Abbott endorsed several emergency items, including prohibiting any increase in county tax revenue unless approved by a two-thirds vote in a referendum election. The governor criticized counties for increasing tax revenues without any mention of the escalating cost of state mandates and inflation. With this emergency declaration, this onerous, expanded revenue cap can be considered by the legislature at any time.
The state budget is the only required item of legislative business, and both the House and Senate have introduced their base-budget bills. Normally, these initial filings continue present programs and are revised during the session to add additional items. However, both versions already include $1 billion for a new private school voucher program, also declared an emergency item by the governor. With a record budget surplus of $23.8 billion, there will be a multitude of proposals for new and increased funding.
The County Judges and Commissioners Association of Texas (CJCAT) has identified rural ambulance grants and increased state funding for indigent defense and CPS cases as priority budget items. Sen. Charles Perry and Rep. Ken King will sponsor rural ambulance grant proposals. With the support of these experienced legislators, the prospects for this critical service are good.
Lt. Gov. Dan Patrick has released his 25 top priorities for the legislative session and reserved bill numbers for these priorities. Since the lieutenant governor controls the Senate agenda, these bills are almost certain to receive approval by the full Senate. Senate Bill 19 has been reserved for “Stopping Taxpayer Dollars for Lobbyists.” This legislation would silence the voice of local officials and prohibit county support of nonprofit associations that represent their members before the legislature.
Fortunately, there are numerous bills that would enhance the ability of Commissioners Courts to provide efficient, effective services to our taxpayers, as endorsed by CJCAT resolutions. These helpful bills include: H.B. 790, increasing the bid limit to $200,000; H.B. 1109/S.B. 677, exempting counties from the state motor fuels tax; H.B. 1461, providing state reimbursement for mental health inmates, juveniles, and parole violators; S.B. 253, eliminating flag lot subdivisions; H.B. 1928/S.B. 302, county reimbursement for statutory probate court judges; and H.B. 1367/S.B. 652, authorizing a $100,000 county local option homestead exemption.
Of course, there are also numerous bills that would limit the discretion of Commissioners Courts or mandate the expenditure of county funds. These problem bills include: H.B. 325/H.B. 774, limiting county budget increases to rate of inflation and population growth; H.B. 919, prohibiting counties from providing information on referendum issues; H.B. 1031, eliminating Commissioners Court authority over salaries of the court coordinator and the court administrator; H.B. 1246/S.B. 690, eliminating Commissioners Court authority over law enforcement contracts; S.B. 76, eliminating the countywide polling program; and S.B. 404, eliminating county choice of investment pools
These are only a few of the thousands of bills that will affect counties. Additional information will be posted on the Texas Association of Counties listervs as these bills progress. Please keep CJCAT Legislative Director Rick Thompson informed as you communicate with your legislators, the governor, lieutenant governor, and speaker concerning county-related legislation. You may email Rick at r.thompson@allison-bass.com.