South Texas County Judges and Commissioners Association
2011 Resolutions
The following resolutions were passed by the South Texas County Judges and Commissioners Association representing 67 counties in the State of Texas on June 8, 2011, during the Association’s annual conference.
1. Thanks to the Host Court
WHEREAS, the Annual Conference of the South Texas County Judges and Commissioners Association was conducted in McAllen, Texas, June 6-9, 2011; and
WHEREAS, the Honorable Commissioners Court of Hidalgo 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 expresses its wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Hidalgo County, sponsors, contributors, and exhibitors for their courteous and warm hospitality extended to each of us.
2. 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 conducted in McAllen, Texas, June 6-9, 2011; 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 Gene Terry; the Texas Association of Regional Councils and Director Penny Redington; the V.G. Young Institute of County Government, a part of Texas AgriLife Extension Service, and Director Richard O. Avery; the Texas 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.
3. Memorial to Deceased Officials and Special 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:
Bastrop County Commissioner Lee Dildy
Former San Patricio County Commissioner Carl Duncan
Wilson County Commissioner Robert Harold “Bobby” Lynn
Aransas County Commissioner Howard Murph
Former Brazoria County Commissioner James Wesley “Jim” Phillips
Former Burleson County Commissioner Bobby E. Schoppe
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.
4. Opposition to Appraisal Caps and Revenue Caps
WHEREAS, the Texas Legislature has considered proposals for lower revenue caps and lower appraisal 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, 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, the demands on county budgets continue to increase including motor fuel, road materials, and all other products and services purchased by counties; 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 to all non-residential properties; and
WHEREAS, appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in severe impact 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; and
WHEREAS, it is unfair that the Texas Legislature impose additional revenue caps on local governments without imposing similar caps on state government;
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, and the South Texas County Judges and Commissioners Association expresses its deep appreciation to all legislators who oppose these unsound measures.
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 South Texas County Judges and Commissioners Association and its 67 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. State-Imposed Property Tax Increases
WHEREAS, the Texas State Constitution prohibits the Texas Legislature from levying a property tax; and
WHEREAS, indigent health care is the state’s responsibility; and
WHEREAS, indigent criminal defense is the state’s responsibility; and
WHEREAS, the costly voting machines mandated and partially paid for by the federal government will be an added expense for county government from now on; and
WHEREAS, counties can implement some government programs and perform some duties more effectively than the state government, and counties should be reimbursed for their expenses for state responsibilities; and
WHEREAS, while we believe that indigent citizens should be helped and provided for, we do not believe this burden should be the responsibility of only the county property taxpayers; and
WHEREAS, a county’s primary source of raising money is through the property tax, and unfunded mandates require that the commissioners court levy additional property taxes to pay for state-mandated programs;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that any and all mandated programs be funded by the state; and
BE IT FURTHER RESOLVED, that we resist, by litigation if necessary, any further state attempts to compel local property tax increases and encourage the Legislature to study and authorize additional alternative revenue sources for counties.
7. 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;
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.
8. 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.
9. 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 more than 75 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.
10. Mandatory Attorney Fees in Child Protective Services Cases
WHEREAS, the 79th Legislature’s 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.
11. Local Option Development Authority
WHEREAS, Texas counties have very limited authority to implement a county development plan; and
WHEREAS, limited county land-use authority to regulate incompatible future uses would benefit Texas property owners; 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 to prevent incompatible uses, subdivision density controls, and impact fees to fairly distribute the infrastructure costs for new development.
12. 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 South Texas County Judges and Commissioners Association opposes the Legislature granting additional powers to municipal utility districts and special utility districts.
13. 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.
14. 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 South 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.
15. Support for Extension of the Resign-to-Run Rule
WHEREAS, the State Legislature has passed Senate Bill 100 to change the filing deadline for state and county offices to the second Monday in December (December 12, 2011); and
WHEREAS, this change will force county, district and precinct officers to resign if they become a candidate for another office, due to the resign-to-run rule in the state constitution; and
WHEREAS, SJR37 as approved by the Legislature will extend the resign-to-run rule by 30 days to avoid this automatic resignation; and
WHEREAS, SJR37 will be subject to approval by the voters on November 8, 2011;
NOW, THEREFORE, BE IT RESOLVED, that the South Texas County Judges and Commissioners Association does hereby suggest and request voter approval of SJR 37 to extend the resign-to-run rule by 30 days.
16. 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; and
WHEREAS, this decrease in mental health facilities and mental health services has forced counties to hold these patients in the county jail;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that the Texas Legislature increase the capacity in the state hospital system and increase the number of caseworkers and other professionals needed to provide mental health services to adequately meet the needs of the citizens of Texas, thus decreasing the transition time from local to state care.
17. 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 South Texas County Judges and Commissioners Association requests that the Texas Legislature abolish the additional driving license fees being assessed for certain criminal violations.
18. Emergency Services Program
WHEREAS, citizens of rural 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 South 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 that currently exist be utilized for the Emergency 9-1-1 Services Program as promised to, and expected by, the citizens of Texas.
19. Opposition to Mandated Offices
WHEREAS, local government is the government closest to the people;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association supports approval of House Bill 2949 by the governor and urges that all legislation implementing new programs such as collection departments and drug courts be at the option of each local county government.
20. Texas Youth Commission
WHEREAS, the State of Texas has reduced the capacity of the new Texas Department of Juvenile Justice and will close several facilities; and
WHEREAS, the State has not provided sufficient funding for local detention facilities to meet the increased need; and
WHEREAS, the reduced capacity of the Texas Department of Juvenile Justice may result in a lack of services for many delinquent juveniles;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that the State Legislature provide sufficient funding for the Texas Department of Juvenile Justice to meet the full requirements for secure detention of these juvenile offenders.
21. Livestock Protection
WHEREAS, there has been an increase in the loss of domestic livestock and wildlife due to predators; and
WHEREAS, almost every county in the State of Texas has a high degree of predation on domestic livestock and wildlife; and
WHEREAS, both domestic livestock production and wildlife production are vital to the Texas economy; and
WHEREAS, the costs of fighting predation are becoming greater;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association supports an increase in efforts to protect domestic animals and wildlife from predation.
22. Feral Hog Control
WHEREAS, feral hogs are a dangerous source of infectious disease among humans, wildlife, and domestic livestock; and
WHEREAS, the feral hog population is increasing dramatically as each sow can be responsible for 1,000 additional swine in a five-year period; and
WHEREAS, over 2 million feral hogs are occupying Texas counties and causing over $52 million in annual damages to Texas agriculture;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that the State of Texas provide adequate funding for the Texas Feral Hog Control Program.
23. 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 South 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.
24. Fireworks Regulation
WHEREAS, current law creates confusion among our citizens concerning the use of certain fireworks; and
WHEREAS, the determination of local conditions for the sale and use of fireworks should be a local decision; and
WHEREAS, under certain conditions, the use of any fireworks may constitute an extreme hazard; and
WHEREAS, the Legislature has imposed a 60-hour limitation on any local disaster declaration by a county judge to ban the sale or use of fireworks, other than aerial fireworks;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that the Legislature repeal this 60-hour limitation on county disaster declarations on fireworks.
25. Under-Valuation of Oil and Gas Properties
WHEREAS, in 2007 the Texas Legislature adopted a severance tax-based interpretation of the Texas Tax Code, Sec. 23.175 (commonly known as the market condition factor) to be applied to the valuation of oil and gas properties in the State of Texas; and
WHEREAS, the Texas State Comptroller’s severance tax-based estimate of the market condition factor results in the under-valuation of oil and gas property to the detriment of all other taxpayers; and
WHEREAS, many counties receive the vast majority of their tax revenues from the county’s oil and gas values; and
WHEREAS, these counties have been adversely and catastrophically affected by the market condition factor as interpreted by the Texas State Comptroller’s office; and
WHEREAS, these counties have been forced to underfund essential county government services or shift approximately $300 million in taxes to other taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association supports the implementation of Senate Bill 1505 to change Texas Tax Code Sec. 23.175 and bring all Texas taxpayers into an equitable position, and we commend the Texas Legislature for passage of this legislation.
26. County Transportation Funding
WHEREAS, county transportation funding sources are currently limited to property taxes, motor vehicle registration fees, and some minor permit fees; and
WHEREAS, funding for the Texas Department of Transportation is insufficient to meet the current requirements for the state transportation system; and
WHEREAS, counties should be able to utilize additional transportation funding methods to support our vital infrastructure systems;
NOW, THEREFORE, BE IT RESOLVED THAT:
The South Texas County Judges and Commissioners Association hereby requests that the Texas Legislature provide the following local option transportation funding authority to Texas counties:
1. Local toll authority for all counties;
2. Expanded authority to create Transportation Reinvestment Zones to utilize revenues from future development;
3. Extended comprehensive development agreement authority to enable counties to attract private participation in transportation projects; and
4. Local Option County Motor Fuel Tax authority for all counties.
South Texas County Judges and Commissioners Association
2011 Resolutions Committee
Cameron County Commissioner Sofia Benavides, Chairman
Jim Hogg County Commissioner Antonio Flores
Calhoun County Commissioner Roger Galvan
Brooks County Commissioner Tony Martinez
San Patricio County Commissioner Fred Nardini
In addition to the above-adopted resolutions, the South Texas County Judges and Commissioners Association 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:
Ø Remove the Interest and Sinking Fund amount from the General Revenue Tax Levy (GRTL) that is part of the 8 percent levy for indigent health care by approval of House Bill 2315 by the governor.
Ø Increase the State Indigent Health Care funding from 90 percent to 100 percent after a county has expended 8 percent of its GRTL.
Ø Allow counties to retain a proportionate amount of funds from fine and fee collections when the county collects from its own collections effort.
Ø 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.
Ø Support legislation to ensure that homeland security funds remain under local control.
Ø Support legislation to exempt courthouse security video tapes from the Public Information Act.
Ø Oppose any legislation to require that a justice of the peace or county judge be a licensed attorney.
Ø Support legislation to determine the taxpayer cost of health care including reporting the value of uncompensated care and the cost of health care provided to undocumented persons.
Ø Support legislation to adequately fund our state schools and MHMR programs.
Ø Support adequate funding and expeditious processing of DPS drug testing and DNA testing.
Ø Authorize member communications and announcements by political subdivisions by approval of House Bill 2313 by the governor.
Ø Authorize member participation in closed session by electronic means.