The following resolutions were passed by the South Texas County Judges and Commissioners Association, representing 68 counties in the state of Texas, on June 28, 2006, during the Association’s annual conference.
Thanks to the Host Court
WHEREAS, the annual conference of the South Texas County Judges and Commissioners Association was held in Galveston, Texas, June 26-29, 2006; and
WHEREAS, the Honorable Commissioners Court of Galveston County has hosted the South Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association has wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Galveston County, Moody Gardens Hotel and Conference Center, 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 South Texas County Judges and Commissioners Association was held in Galveston, Texas, June 26-29, 2006; and
WHEREAS, the members of the South Texas County Judges and Commissioners Association 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 South 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 South Texas County Judges and Commissioners Association has mourned the passing of:
Former Goliad County Commissioner Jim Farley
Former Brazoria County Commissioner John P. Gayle
Former Medina County Commissioner Royce Hartmann
Willacy County Commissioner Jose Jimenez
Former Wharton County Judge Delfin Edward Marek
Former Austin County Commissioner Roland Remmert
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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association and its 68 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 South 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.
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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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 South Texas County Judges and Commissioners Association 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.
Wildfire Damage
WHEREAS, the current drought conditions have created extremely hazardous conditions; and
WHEREAS, uncontrolled fires have caused extensive property damage and loss of human life; and
WHEREAS, Texas counties have incurred tremendous costs to mitigate the damage from wildfires;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association hereby requests that the state and federal governments provide all possible assistance to reimburse Texas counties and their citizens for the damage incurred by wildfires.
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 South Texas County Judges and Commissioners Association does hereby request that the state Legislature amend the Election Code to prevent filing deadlines that coincide with federal, state or local holidays.
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 South Texas County Judges and Commissioners Association wholeheartedly supports our president and our troops in the war on terrorism.
