Texas County Progress

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

Financing Routine Capital Expenditures

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Each year as counties prepare their budgets, along with the routine maintenance and operational costs, counties inevitably face the need to budget for some routine capital items.  Law enforcement vehicles or road grading equipment may need replacement; radios, computers or office equipment may have worn out; gravel and road base material may be needed to repair county roads; or the courthouse roof may need patching. All of these are, technically, capital expenditures – that is, they can benefit the county over a period of time. While financing these items over a period that matches the useful life is possible, many times the county acquires these items by simply paying cash for the items as part of the annual budget or by leasing.

Two problems arise from such treatment. First, to the extent the entire cost of the item is paid for in one budget year, taxpayers incur a disproportionate cost in the current year for the item which ultimately benefits potentially different taxpayers in later years. Second, to the extent the county leases the item or acquires it through a lease purchase arrangement, there are built-in transaction costs in each lease or lease purchase agreement, and the cumulative cost of those individual purchases will be much more expensive than if the county financed all of the capital items it needs for the year with one transaction.

Some counties have used tax notes to consolidate the acquisition of all of these capital items during a year with one loan. This has allowed the county to reduce its M&O costs and realize the benefit of more efficient (cheaper) transaction costs for buying these items. Counties typically implement the program in the following manner: At the time the county sets the budget, it identifies all of the eligible capital items. Then it can issue one tax note at the beginning of the year to pay for these items as needed during the year. Alternatively, the county adopts a reimbursement resolution at the beginning of the year listing eligible items and then either pays for them with the available fund balance during the year or issues the notes and reimburses the fund balance for expenditures at year-end.

An effective tax note program requires coordination among the members of the Commissioners Court, the county auditor, the financial adviser, and bond counsel. The tax notes may be issued based on a recommendation of the county auditor. The financial adviser can “run the numbers” and show what savings can be accomplished through the program as opposed to buying the items on an ad hoc basis. Because of the size and short maturity schedule for tax notes, these may be attractive to local banks which may offer good borrowing rates to the county.  Bond counsel will build the legal documents and get the transaction through the attorney general’s office.

Tax notes can be issued to mature over any time period up to seven years, and so the tax notes can be fine-tuned to match up with the expected useful life of the capital items the county is buying. By issuing one note for all these routine capital purchases for the year (and then buying each item with cash), the county minimizes its borrowing costs. The county sets the I&S tax rate for the notes each year and can have a corresponding reduction in its M&O rate.  Counties that have used this program over a number of years have been able to develop and maintain a level I&S rate adding notes and structuring the maturities to keep the rate level for taxpayers over time.

For more information on the county’s use of tax notes, see the Public Finance Handbook published by the Texas Association of Counties, http://www.bickerstaff.com/wp-content/uploads/2017-Public-Finance-Final.pdf – Information provided by David Mendez, Bickerstaff Heath Delgado Acosta LLP

West Texas County Judges and Commissioners Association 2018 Resolutions

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The following resolutions were passed by the West Texas County Judges and Commissioners Association representing 118 counties in the State of Texas on
April 26, 2018, during the Association’s Annual Conference.

1. Thanks to the Host Court
WHEREAS, the Annual Conference of the West Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on April 24-27, 2018; and
WHEREAS, the Honorable Commissioners Court of Collin County has hosted the West Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its wholehearted thanks and deep appreciation to the Honorable Court of Collin County for its courteous and warm hospitality extended to each of us.

2. Thanks to the Conference Sponsors and Exhibitors
WHEREAS, the Annual Conference of the West Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on April 24-27, 2018; and
WHEREAS, the many sponsors and exhibitors provide significant financial support for the conference and the Association; and
WHEREAS, the sponsors and exhibitors provide valuable information to our members;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its deep appreciation to our generous conference sponsors and exhibitors.

3. Thanks to State and Local Associations and Friends of County Government
WHEREAS, the Annual Conference of the West Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on April 24-27, 2018; and
WHEREAS, the members of the West Texas County Judges and Commissioners Association wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Magee, LLP; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Executive Director Ginny Lewis; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Executive Director Dr. Peter McGuill; the Texas A&M 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.

4. Memorial to Deceased Officials and Special Friends
WHEREAS, the following highly regarded members and friends of the West 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 West Texas County Judges and Commissioners Association has mourned the passing of:

Former Ector County Commissioner Bob Bryant
Crane County Judge John Farmer
Former Lipscomb County Commissioner John David Fritzlen
Hall County Commissioner James Fuston Sr.
Wilbarger County Commissioner Richard Jacobs
Former Hutchinson County Commissioner Murry Jennings
Former Terry County Judge and Commissioner Don Robertson
Former Irion County Commissioner Elder Wayne Smith
Lipscomb County Commissioner Johnie Dale Steele
Former Palo Pinto County Judge Mickey Dayle West

NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association members pause for a moment of silence and meditation to honor the memory of these respected individuals.

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 West Texas County Judges and Commissioners Association and its 118 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. Support for Local Decision Making and Opposition to Revenue Caps
WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; and
WHEREAS, 54 percent of the average taxpayer’s property tax burden is due to school taxes while only 16 percent is due to county taxes; and
WHEREAS, revenue caps would diminish local decision making 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 and 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 health care, motor fuel, road materials, and all other products and services purchased by counties; and
WHEREAS, artificial revenue caps will result in a shift of taxes from fluctuating properties to those remaining relatively stable in value, such as residential properties; and
WHEREAS, revenue caps will not necessarily result in a reduction of property taxes but will result in a severe impact on county services; and
WHEREAS, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without alternative funding sources;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local decision making and does hereby oppose any attempts to impose revenue caps upon Texas counties, and the West Texas County Judges and Commissioners Association expresses its deep appreciation to all legislators who oppose these unsound measures.

7. 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 West 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.

8. 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; and
WHEREAS, the present Section 1115 Waiver provides voluntary opportunities to participate in health care innovation projects;
NOW, THEREFORE, BE IT RESOLVED that the West 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 and instead supports the continuation of the voluntary Section 1115 grants.

9. State Funds for Indigent Criminal Defense
WHEREAS, the right to assistance by legal counsel is guaranteed by the U.S. Constitution; and
WHEREAS, the State of Texas is required to implement this right and provide legal counsel to indigent criminal defendants; and
WHEREAS, the Texas Fair Defense Act, adopted by the Texas Legislature in 2001, implements this right and requires certain procedures and attorney appointments; and
WHEREAS, the Texas Legislature has failed to provide sufficient funding to offset the costs of the Fair Defense Act and has shifted this cost to county taxpayers; and
WHEREAS, county expenditures for indigent criminal defense have increased over 140 percent since the adoption of the Fair Defense Act; and
WHEREAS, the state funding is totally inadequate, providing approximately 12 percent of the indigent defense costs; and
WHEREAS, indigent criminal defense is a state responsibility that should be adequately funded on a statewide basis, not a burden overwhelmingly borne by local property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of indigent criminal defense which has cost local taxpayers over $2.6 billion from 2001 through 2017.
10. Juvenile Probation Funding
WHEREAS, the supervision of juvenile offenders is a responsibility of the State of Texas; and
WHEREAS, the Texas Legislature has consistently failed to appropriate sufficient funding to meet this responsibility; and
WHEREAS, Texas counties have increasingly met this burden by funding juvenile probation services and facilities; and
WHEREAS, Texas counties and their local taxpayers are now providing over 75 percent of the costs of juvenile probation; and
WHEREAS, current state funding formulas will continue to shift additional costs to county taxpayers unless addressed by the State of Texas;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of supervision of juvenile offenders, including the costs for juvenile probation services.

11. Mental Health Patients
WHEREAS, Texas counties have been forced to hold mentally incompetent prisoners for up to six months while awaiting court-ordered transfer to a state mental facility for treatment; and
WHEREAS, each of these pre-trial inmates costs the local taxpayer approximately $9,000 during this period of incarceration; and
WHEREAS, the county jail is not an appropriate facility for the mentally ill, and these prisoners pose a high risk of injury to themselves, the jail staff and other prisoners; and
WHEREAS, a State District Court in Travis County ordered the Department of Health Services to receive these prisoners within 21 days of a judge’s order; and
WHEREAS, instead of accepting its responsibility, the State appealed this order; and
WHEREAS, this delay by the State is increasing the cost to our taxpayers and continuing this improper practice;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association hereby requests that the State of Texas implement additional funding for mental health services and implement the state mental health plan to ensure the efficient and effective use of these resources.

12. Opposition to Diversion of Dedicated Funds
WHEREAS, the Legislature has committed certain funds for dedicated purposes; and
WHEREAS, unfortunately these funds have been improperly withheld from these needed functions and used to balance the general state budget; and
WHEREAS, the state leadership has proposed to end this diversion of funds;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

13. Emergency Services Program
WHEREAS, citizens of 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 West 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 be fully appropriated for the Emergency 9-1-1 Services Program.

14. 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 West Texas County Judges and Commissioners Association opposes the granting of additional powers to municipal utility districts and special utility districts and requests that the approval of the county be required before any further districts are created.

15. Support for County Road Grant Fund
WHEREAS, constitutional amendments have been approved by the voters to increase dedicated funding for public roadways; and
WHEREAS, these constitutional amendments will provide additional funding to be used only for constructing, maintaining, and acquiring right of way for public roadways other than toll roads; and
WHEREAS, these constitutional amendments provide needed support for public highways without increasing taxes; and
WHEREAS, the county road system is eligible for assistance from this funding; and
WHEREAS, county roads are being devastated by overweight trucks to enhance the production of oil and gas; and
WHEREAS, the oil and gas severance tax should be equitably shared with counties to repair this damage;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that additional funding be appropriated to support the county road grant program.

16. 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 West 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.

17. Sludge Waste Disposal
WHEREAS, human waste and other toxic materials are contained in municipal, domestic and commercial sludge; and
WHEREAS, this sludge waste contains harmful bacteria, viruses and chemicals that may contaminate local water supplies; and
WHEREAS, the current rules of the Texas Commission on Environmental Quality are inadequate to protect the water supply and adjacent landowners from the improper disposal of sludge waste; and
WHEREAS, disposal of these materials should be a matter of local regulation;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association hereby requests that no permits be issued for the disposal of sludge waste without the approval of the Commissioners Court and that the Texas Legislature clearly authorize local control of all sludge waste permits.

18. Fireworks Regulations
WHEREAS, counties currently have limited authority to regulate fireworks; and
WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association is opposed to any legislative action that would remove current county authority to regulate fireworks.

19. Oil and Gas Waste Disposal Facilities
WHEREAS, the Texas oil and gas industry is a vital part of our economy; and
WHEREAS, this industry requires the use of disposal facilities, such as waste injection wells, to operate in an efficient manner; and
WHEREAS, the operation of these disposal facilities can pose a substantial risk to the groundwater supply; and
WHEREAS, protection of the groundwater is also essential to the economy and health and safety of Texas citizens; and
WHEREAS, adequate information should be provided to Texas counties and their citizens to ensure the safe operation of oil and gas waste facilities and protection of the groundwater;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the Texas Legislature and the Texas Railroad Commission require that Texas counties, their citizens and groundwater conservation districts be provided all available information concerning proposed oil and gas waste facilities in their area and a full opportunity to participate in the evaluation of any application for additional facilities; and
BE IT FURTHER RESOLVED that the Texas Railroad Commission be required to evaluate and consider the full local infrastructure impact and effect on local communities before voting on any such permit.

20. Rural Public Transit
WHEREAS, 37 Rural Transit District serve all the counties throughout Texas; and
WHEREAS, Rural Transit Districts provide access to needed goods and services, jobs and medical services throughout the rural counties of Texas; and
WHEREAS, Rural Transit Districts traveled 31,381,803 miles and provided 6,336,451 one-way trips to the citizens of rural Texas in 2014; and
WHEREAS, Rural Transit Districts have not received an increase in state funding since the year 2000; and
WHEREAS, on average, bus fleets for Rural Transit Districts are at 130 percent of their established lifecycle; and
WHEREAS, funding opportunities for large federal and state grants have historically left qualified rural projects underfunded; and
WHEREAS, without increased funding, in order to meet increasing service demands and costs in rural areas, services to those most in need in rural Texas will suffer;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association expresses its support for a meaningful increase in funding for Rural Transit Districts

21. Opposition to Rules Adopted by the Texas Department of Motor Vehicles That Decrease County Revenues, Increase County Costs, and Reduce Local Control and Local Services
WHEREAS, the county tax assessor-collector is charged with collecting vehicle registration fees which provide for certain legislative authorized revenues to offset costs associated with collecting and dispersing these fees for the Texas Department of Motor Vehicles; and
WHEREAS, the 83rd State Legislature created the Texas Department of Motor Vehicles Fund, authorized the Texas Department of Motor Vehicles to establish certain fees by board rule, authorized the board to direct certain fees to the fund, and allowed for county revenues to be set by board rule: and
WHEREAS, the Texas Department of Motor Vehicles has adopted rules setting title transfer and registration processing and handling fees for its own funding and has further adopted fees and changes for the county tax assessor-collectors and the various deputy classification types; and
WHEREAS, the county tax assessor-collector may deputize full-service title companies to provide titling and registration services and limited service companies to provide registration services, which increases access and locations for these services by citizens; and
WHEREAS, the rules adopted by the Texas Department of Motor Vehicles will decrease county revenues, increase county cost, and reduce local control and local services;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association opposes the rules as adopted by the Texas Department of Motor Vehicles amending Title 43 of the Texas Administrative Code Chapter 217.

22. Full Funding of DPS Labs
WHEREAS, the State of Texas through the Texas Department of Public Safety (DPS) provides for the testing of controlled and illegal substances for criminal cases; and
WHEREAS, while the service is valuable to the prosecutorial process, it is not timely as most tests require 6-9 months before results are rendered; and
WHEREAS, many alleged and formerly convicted violators must be released after 90 days with the high probability that they will reoffend and further endanger the public and further burden law enforcement; and
WHEREAS, the recent reduction in state funding will reduce the effectiveness of the DPS labs and result in further delays in the administration of justice;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests full funding, staffing and equipping of the labs to return results in the required legal time to serve justice.

23. County Homestead Exemption
WHEREAS, the current constitutional provisions limit the ability of counties to a percentage of the appraised value of homesteads; and
WHEREAS, the current limitations prevent the adoption of a homestead exemption to provide greater benefit to lower-priced properties; and
WHEREAS, additional discretion should be granted to counties to determine the homestead exemption;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that a constitutional amendment be adopted to allow counties to grant discretionary homestead exemptions based upon a dollar amount of the taxable value of the property.

24. Texas Department of Criminal Justice Inmates
WHEREAS, currently counties are required to hold inmates who have been committed to the Texas Department of Criminal Justice (TDCJ) for up to 45 days; and
WHEREAS, counties are required to hold parolees who are awaiting a revocation hearing before the TDCJ Parole Board; and
WHEREAS, the TDCJ does not provide adequate transportation of its inmates from county jails to its facilities; and
WHEREAS, the cost to county taxpayers for the failure of the State of Texas to meet its responsibilities for state inmates is approximately $100 million per year;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the State of Texas fully reimburse counties for all costs incurred for the confinement and transport of TDCJ inmates.

25. Optional County Road and Bridge Fee
WHEREAS, the current maximum county optional road and bridge fee has been frozen at $10 since 1991; and
WHEREAS, the cost of construction and maintenance of the county road system has increased tremendously in recent years; and
WHEREAS, as the population of Texas continues to grow, the need for efficient county transportation systems will increase;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the maximum county optional road and bridge fee be raised to $20 per vehicle.

26. Voting Machine Costs
WHEREAS, the Federal Help America Vote Act requires that counties provide an electronic voting system at each voting location; and
WHEREAS, the current voting systems have serious security and maintenance issues; and
WHEREAS, replacement of these systems will require a great expenditure of public funds; and
WHEREAS, the purchase, programming of, and maintenance of these systems is a state and federal responsibility;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests full funding from the federal and state government for the replacement of all voting systems, programming, and maintenance.

West Texas County Judges and Commissioners Association
2018 Resolutions Committee

Tarrant County Judge Glen Whitley – Chairman
Oldham County Judge Don Allred
Parmer County Commissioner Kirk Frye
Wichita County Judge Woodrow W. “Woody” Gossom Jr.
Hale County Commissioner Harold King
Taylor County Commissioner Chuck Statler

In addition to the above-adopted resolutions, the West Texas County Judges and Commissioners Association Resolutions Committee requests that the following items be recommended for future study and consideration.

1. County responsibility for cost of transport, autopsy and disposition of dead bodies.
2. State responsibility for drug-resistant tuberculosis cases and HIV medications.
3. Maintain local control and recovery of cost of reproduction of clerk’s digitized records and e-filing.
4. Proper tax valuation of compressor equipment, refineries and new oil and gas production facilities, and exclusion of new oil and gas interests from the effective tax rate.
5. Full funding for school vaccination program.
6. Require vehicles to reduce speed and/or yield a traffic lane to county road and bridge vehicles and equipment.
7. Require Commissioners Court representation on Regional Water Planning Groups.
8. Request legislation to require state reimbursement for court-appointed attorneys in child protective services cases.
9. Restore full funding for the Texas Historic Courthouse Preservation Grant Program.
10. State funding for all state special elections.
11. Additional funding for sales tax support on fireworks dedicated for local use.
12. More local authority on the regulation of fireworks.
13. Additional county authority over vehicle inspection and licensing procedures.
14. Local retention of asset forfeiture funds.
15. Abuse of the Public Information Act.
16. Abolish the excessive driver’s license fees assessed under the Driver Responsibility Act while maintaining support for trauma centers and EMS.
17. Support and restore county authority to regulate all county buildings and property.
18. Support an exemption from state motor fuel taxes for county equipment and vehicles.
19. Affirm county control of weapons in county courthouses.
20. Support full state funding for lost revenue from disabled veterans and surviving spouses exemption.
21. Review of the equity of ad valorem tax exemptions and the property appraisal process to facilitate a more equitable tax system.
22. State provide transportation for female prisoners or full reimbursement of the cost.
23. Change the day of statewide elections to Saturday.

North & East Texas County Judges and Commissioners Association 2018 Resolutions

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The following resolutions were passed by the North & East Texas County Judges and Commissioners Association representing 74 counties in the State of Texas on
May 17, 2018, during the Association’s Annual Conference.

1. Thanks to the Host Court
WHEREAS, the Annual Conference of the North & East Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on May 14-17, 2018; and
WHEREAS, the Honorable Commissioners Court of Collin County has hosted the North & East Texas County Judges and Commissioners Association in the most entertaining and excellent manner;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its wholehearted thanks and deep appreciation to the Honorable Court of Collin County for its courteous and warm hospitality extended to each of us.

2. Thanks to the Conference Sponsors and Exhibitors
WHEREAS, the Annual Conference of the North & East Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on May 14-17, 2018; and
WHEREAS, the many sponsors and exhibitors provide significant financial support for the conference and the Association; and
WHEREAS, the sponsors and exhibitors provide valuable information to our members;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its deep appreciation to our generous conference sponsors and exhibitors.

3. Thanks to State and Local Associations and Friends of County Government
WHEREAS, the Annual Conference of the North & East Texas County Judges and Commissioners Association was conducted in Collin County, Texas, on May 14-17, 2018; and
WHEREAS, the members of the North & East Texas County Judges and Commissioners Association wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Magee, LLP; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Executive Director Ginny Lewis; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Executive Director Dr. Peter McGuill; the Texas A&M 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.

4. Memorial to Deceased Officials and Special Friends
WHEREAS, the following highly regarded members and friends of the North & East 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 North & East Texas County Judges and Commissioners Association has mourned the passing of:

Grimes County Commissioner Gary Alan Husfeld
Former Trinity County Commissioner Jessie Dean Price
Former Kaufman County Commissioner Jerry Rowden
Former Lamar County Commissioner Jackie Wheeler

NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association members pause for a moment of silence and meditation to honor the memory of these respected individuals.

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 North & East Texas County Judges and Commissioners Association and its 74 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. Support for Local Decision-Making and Opposition to Revenue Caps
WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; and
WHEREAS, 54 percent of the average taxpayer’s property tax burden is due to school taxes while only 16 percent is due to county taxes; and
WHEREAS, revenue caps would diminish local decision-making 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 and 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 health care, motor fuel, road materials, and all other products and services purchased by counties; and
WHEREAS, artificial revenue caps will result in a shift of taxes from fluctuating properties to those remaining relatively stable in value, such as residential properties; and
WHEREAS, revenue caps will not necessarily result in a reduction of property taxes but will result in a severe impact on county services; and
WHEREAS, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without alternative funding sources;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local decision-making and does hereby oppose any attempts to impose revenue caps upon Texas counties, and the North & East Texas County Judges and Commissioners Association expresses its deep appreciation to all legislators who oppose these unsound measures.

7. 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 North & East 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.

8. 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; and
WHEREAS, the present Section 1115 Waiver provides voluntary opportunities to participate in health care innovation projects;
NOW, THEREFORE, BE IT RESOLVED that the North & East 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 and instead supports the continuation of the voluntary Section 1115 grants.

9. State Funds for Indigent Criminal Defense
WHEREAS, the right to assistance by legal counsel is guaranteed by the U.S. Constitution; and
WHEREAS, the State of Texas is required to implement this right and provide legal counsel to indigent criminal defendants; and
WHEREAS, the Texas Fair Defense Act, adopted by the Texas Legislature in 2001, implements this right and requires certain procedures and attorney appointments; and
WHEREAS, the Texas Legislature has failed to provide sufficient funding to offset the costs of the Fair Defense Act and has shifted this cost to county taxpayers; and
WHEREAS, county expenditures for indigent criminal defense have increased over 140 percent since the adoption of the Fair Defense Act; and
WHEREAS, the state funding is totally inadequate, providing approximately 12 percent of the indigent defense costs; and
WHEREAS, indigent criminal defense is a state responsibility that should be adequately funded on a statewide basis, not a burden overwhelmingly borne by local property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of indigent criminal defense which has cost local taxpayers over $2.6 billion from 2001 through 2017.

10. Juvenile Probation Funding
WHEREAS, the supervision of juvenile offenders is a responsibility of the State of Texas; and
WHEREAS, the Texas Legislature has consistently failed to appropriate sufficient funding to meet this responsibility; and
WHEREAS, Texas counties have increasingly met this burden by funding juvenile probation services and facilities; and
WHEREAS, Texas counties and their local taxpayers are now providing over 75 percent of the costs of juvenile probation; and
WHEREAS, current state funding formulas will continue to shift additional costs to county taxpayers unless addressed by the State of Texas;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of supervision of juvenile offenders, including the costs for juvenile probation services.

11. Mental Health Patients
WHEREAS, Texas counties have been forced to hold mentally incompetent prisoners for up to six months while awaiting court-ordered transfer to a state mental facility for treatment; and
WHEREAS, each of these pre-trial inmates costs the local taxpayer approximately $9,000 during this period of incarceration; and
WHEREAS, the county jail is not an appropriate facility for the mentally ill, and these prisoners pose a high risk of injury to themselves, the jail staff and other prisoners; and
WHEREAS, a State District Court in Travis County ordered the Department of Health Services to receive these prisoners within 21 days of a judge’s order; and
WHEREAS, instead of accepting its responsibility, the State appealed this order; and
WHEREAS, this delay by the State is increasing the cost to our taxpayers and continuing this improper practice;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association hereby requests that the State of Texas implement additional funding for mental health services and implement the state mental health plan to ensure the efficient and effective use of these resources.

12. Opposition to Diversion of Dedicated Funds
WHEREAS, the Legislature has committed certain funds for dedicated purposes; and
WHEREAS, unfortunately these funds have been improperly withheld from these needed functions and used to balance the general state budget; and
WHEREAS, the state leadership has proposed to end this diversion of funds;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

13. Emergency Services Program
WHEREAS, citizens of 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 North & East 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 be fully appropriated for the Emergency 9-1-1 Services Program.

14. 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 North & East Texas County Judges and Commissioners Association opposes the granting of additional powers to municipal utility districts and special utility districts and requests that the approval of the county be required before any further districts are created.

15. Support for County Road Grant Fund
WHEREAS, constitutional amendments have been approved by the voters to increase dedicated funding for public roadways; and
WHEREAS, these constitutional amendments will provide additional funding to be used only for constructing, maintaining, and acquiring right of way for public roadways other than toll roads; and
WHEREAS, these constitutional amendments provide needed support for public highways without increasing taxes; and
WHEREAS, the county road system is eligible for assistance from this funding; and
WHEREAS, county roads are being devastated by overweight trucks to enhance the production of oil and gas; and
WHEREAS, the oil and gas severance tax should be equitably shared with counties to repair this damage;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that additional funding be appropriated to support the county road grant program.

16. 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 North & East 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.

17. Sludge Waste Disposal
WHEREAS, human waste and other toxic materials are contained in municipal, domestic and commercial sludge; and
WHEREAS, this sludge waste contains harmful bacteria, viruses and chemicals that may contaminate local water supplies; and
WHEREAS, the current rules of the Texas Commission on Environmental Quality are inadequate to protect the water supply and adjacent landowners from the improper disposal of sludge waste; and
WHEREAS, disposal of these materials should be a matter of local regulation;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association hereby requests that no permits be issued for the disposal of sludge waste without the approval of the Commissioners Court and that the Texas Legislature clearly authorize local control of all sludge waste permits.

18. Fireworks Regulations
WHEREAS, counties currently have limited authority to regulate fireworks; and
WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association is opposed to any legislative action that would remove current county authority to regulate fireworks.

19. Oil and Gas Waste Disposal Facilities
WHEREAS, the Texas oil and gas industry is a vital part of our economy; and
WHEREAS, this industry requires the use of disposal facilities, such as waste injection wells, to operate in an efficient manner; and
WHEREAS, the operation of these disposal facilities can pose a substantial risk to the groundwater supply; and
WHEREAS, protection of the groundwater is also essential to the economy and health and safety of Texas citizens; and
WHEREAS, adequate information should be provided to Texas counties and their citizens to ensure the safe operation of oil and gas waste facilities and protection of the groundwater;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association does hereby request that the Texas Legislature and the Texas Railroad Commission require that Texas counties, their citizens and groundwater conservation districts be provided all available information concerning proposed oil and gas waste facilities in their area and a full opportunity to participate in the evaluation of any application for additional facilities; and
BE IT FURTHER RESOLVED that the Texas Railroad Commission be required to evaluate and consider the full local infrastructure impact and effect on local communities before voting on any such permit.

20. Rural Public Transit
WHEREAS, 37 Rural Transit District serve all the counties throughout Texas; and
WHEREAS, Rural Transit Districts provide access to needed goods and services, jobs and medical services throughout the rural counties of Texas; and
WHEREAS, Rural Transit Districts traveled 31,381,803 miles and provided 6,336,451 one-way trips to the citizens of rural Texas in 2014; and
WHEREAS, Rural Transit Districts have not received an increase in state funding since the year 2000; and
WHEREAS, on average, bus fleets for Rural Transit Districts are at 130 percent of their established lifecycle; and
WHEREAS, funding opportunities for large federal and state grants have historically left qualified rural projects underfunded; and
WHEREAS, without increased funding, in order to meet increasing service demands and costs in rural areas, services to those most in need in rural Texas will suffer;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association expresses its support for a meaningful increase in funding for Rural Transit Districts

21. Opposition to Rules Adopted by the Texas Department of Motor Vehicles That Decrease County Revenues, Increase County Costs, and Reduce Local Control and Local Services
WHEREAS, the county tax assessor-collector is charged with collecting vehicle registration fees which provide for certain legislative authorized revenues to offset costs associated with collecting and dispersing these fees for the Texas Department of Motor Vehicles; and
WHEREAS, the 83rd State Legislature created the Texas Department of Motor Vehicles Fund, authorized the Texas Department of Motor Vehicles to establish certain fees by board rule, authorized the board to direct certain fees to the fund, and allowed for county revenues to be set by board rule: and
WHEREAS, the Texas Department of Motor Vehicles has adopted rules setting title transfer and registration processing and handling fees for its own funding and has further adopted fees and changes for the county tax assessor-collectors and the various deputy classification types; and
WHEREAS, the county tax assessor-collector may deputize full-service title companies to provide titling and registration services and limited service companies to provide registration services, which increases access and locations for these services by citizens; and
WHEREAS, the rules adopted by the Texas Department of Motor Vehicles will decrease county revenues, increase county cost, and reduce local control and local services;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association opposes the rules as adopted by the Texas Department of Motor Vehicles amending Title 43 of the Texas Administrative Code Chapter 217.

22. Full Funding of DPS Labs
WHEREAS, the State of Texas through the Texas Department of Public Safety (DPS) provides for the testing of controlled and illegal substances for criminal cases; and
WHEREAS, while the service is valuable to the prosecutorial process, it is not timely as most tests require 6-9 months before results are rendered; and
WHEREAS, many alleged and formerly convicted violators must be released after 90 days with the high probability that they will reoffend and further endanger the public and further burden law enforcement; and
WHEREAS, the recent reduction in state funding will reduce the effectiveness of the DPS labs and result in further delays in the administration of justice;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests full funding, staffing and equipping of the labs to return results in the required legal time to serve justice.

23. County Homestead Exemption
WHEREAS, the current constitutional provisions limit the ability of counties to a percentage of the appraised value of homesteads; and
WHEREAS, the current limitations prevent the adoption of a homestead exemption to provide greater benefit to lower-priced properties; and
WHEREAS, additional discretion should be granted to counties to determine the homestead exemption;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that a constitutional amendment be adopted to allow counties to grant discretionary homestead exemptions based upon a dollar amount of the taxable value of the property.

24. Texas Department of Criminal Justice Inmates
WHEREAS, currently counties are required to hold inmates who have been committed to the Texas Department of Criminal Justice (TDCJ) for up to 45 days; and
WHEREAS, counties are required to hold parolees who are awaiting a revocation hearing before the TDCJ Parole Board; and
WHEREAS, the TDCJ does not provide adequate transportation of its inmates from county jails to its facilities; and
WHEREAS, the cost to county taxpayers for the failure of the State of Texas to meet its responsibilities for state inmates is approximately $100 million per year;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that the State of Texas fully reimburse counties for all costs incurred for the confinement and transport of TDCJ inmates.

25. Optional County Road and Bridge Fee
WHEREAS, the current maximum county optional road and bridge fee has been frozen at $10 since 1991; and
WHEREAS, the cost of construction and maintenance of the county road system has increased tremendously in recent years; and
WHEREAS, as the population of Texas continues to grow, the need for efficient county transportation systems will increase;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests that the maximum county optional road and bridge fee be raised to $20 per vehicle.

26. Voting Machine Costs
WHEREAS, the Federal Help America Vote Act requires that counties provide an electronic voting system at each voting location; and
WHEREAS, the current voting systems have serious security and maintenance issues; and
WHEREAS, replacement of these systems will require a great expenditure of public funds; and
WHEREAS, the purchase, programming of, and maintenance of these systems are state and federal responsibilities;
NOW, THEREFORE, BE IT RESOLVED that the North & East Texas County Judges and Commissioners Association requests full funding from the federal and state government for the replacement of all voting systems, programming, and maintenance.

North & East Texas County Judges and Commissioners Association
2018 Resolutions Committee
Cass County Commissioner Paul Cothren – Chairman
Navarro County Judge H.M. Davenport
Ellis County Commissioner Lane Grayson
Johnson County Judge Roger Harmon
Rains County Commissioner Patsy Marshall
Grimes County Commissioner Barbara Walker
Kaufman County Judge Bruce Wood

In addition to the above-adopted resolutions, the North & East Texas County Judges and Commissioners Association Resolutions Committee requests that the following items be recommended for future study and consideration.

1. County responsibility for cost of transport, autopsy and disposition of dead bodies.
2. State responsibility for drug-resistant tuberculosis cases and HIV medications.
3. Maintain local control and recovery of cost of reproduction of clerk’s digitized records and e-filing.
4. Proper tax valuation of compressor equipment, refineries and new oil and gas production facilities, and exclusion of new oil and gas interests from the effective tax rate.
5. Full funding for school vaccination program.
6. Require vehicles to reduce speed and/or yield a traffic lane to county road and bridge vehicles and equipment.
7. Require Commissioners Court representation on Regional Water Planning Groups.
8. Request legislation to require state reimbursement for court-appointed attorneys in child protective services cases.
9. Restore full funding for the Texas Historic Courthouse Preservation Grant Program.
10. State funding for all state special elections.
11. Additional funding for sales tax support on fireworks dedicated for local use.
12. More local authority on the regulation of fireworks.
13. Additional county authority over vehicle inspection and licensing procedures.
14. Local retention of asset forfeiture funds.
15. Abuse of the Public Information Act.
16. Abolish the excessive driver’s license fees assessed under the Driver Responsibility Act while maintaining support for trauma centers and EMS.
17. Support and restore county authority to regulate all county buildings and property.
18. Support an exemption from state motor fuel taxes for county equipment and vehicles.
19. Affirm county control of weapons in county courthouses.
20. Support full state funding for lost revenue from disabled veterans and surviving spouses exemption.
21. Review of the equity of ad valorem tax exemptions and the property appraisal process to facilitate a more equitable tax system.
22. State provide transportation for female prisoners or full reimbursement of the cost.
23. Change the day of statewide elections to Saturday.
24. Increase the County Lateral Road Fund.

South Texas County Judges and Commissioners Association 2018 Resolutions

by

The following resolutions were passed by the South Texas County Judges and Commissioners Association representing 63 counties in the State of Texas on
June 13, 2018, 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 Hidalgo County, Texas, on June 11-14, 2018; 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 Court of Hidalgo County for its courteous and warm hospitality extended to each of us.

2. Thanks to the Conference Sponsors and Exhibitors
WHEREAS, the Annual Conference of the South Texas County Judges and Commissioners Association was conducted in Hidalgo County, Texas, on June 11-14, 2018; and
WHEREAS, the many sponsors and exhibitors provide significant financial support for the conference and the Association; and
WHEREAS, the sponsors and exhibitors provide valuable information to our members;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association expresses its deep appreciation to our generous conference sponsors and exhibitors.

3. 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 Hidalgo County, Texas, on June 11-14, 2018; 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 & Magee, LLP; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Executive Director Ginny Lewis; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Executive Director Dr. Peter McGuill; the Texas A&M 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.

4. 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:

Atascosa County Commissioner Lon “Lonnie” Gillespie
Starr County Commissioner Raul (Roy) Peña, Jr.
Former Jim Wells County Judge L. Arnoldo Saenz

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.

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 63 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. Support for Local Decision-Making and Opposition to Revenue Caps
WHEREAS, the Texas Legislature has previously considered and rejected proposals for additional revenue caps on counties; and
WHEREAS, 54 percent of the average taxpayer’s property tax burden is due to school taxes while only 16 percent is due to county taxes; and
WHEREAS, revenue caps would diminish local decision-making 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 and 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 health care, motor fuel, road materials, and all other products and services purchased by counties; and
WHEREAS, artificial revenue caps will result in a shift of taxes from fluctuating properties to those remaining relatively stable in value, such as residential properties; and
WHEREAS, revenue caps will not necessarily result in a reduction of property taxes but will result in a severe impact on county services; and
WHEREAS, it would be inequitable for the Texas Legislature to impose additional revenue caps on local governments without alternative funding sources;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local decision-making and does hereby oppose any attempts to impose revenue 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.

7. 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.

8. 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; and
WHEREAS, the present Section 1115 Waiver provides voluntary opportunities to participate in health care innovation projects;
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 and instead supports the continuation of the voluntary Section 1115 grants.

9. State Funds for Indigent Criminal Defense
WHEREAS, the right to assistance by legal counsel is guaranteed by the U.S. Constitution; and
WHEREAS, the State of Texas is required to implement this right and provide legal counsel to indigent criminal defendants; and
WHEREAS, the Texas Fair Defense Act, adopted by the Texas Legislature in 2001, implements this right and requires certain procedures and attorney appointments; and
WHEREAS, the Texas Legislature has failed to provide sufficient funding to offset the costs of the Fair Defense Act and has shifted this cost to county taxpayers; and
WHEREAS, county expenditures for indigent criminal defense have increased over 140 percent since the adoption of the Fair Defense Act; and
WHEREAS, the state funding is totally inadequate, providing approximately 12 percent of the indigent defense costs; and
WHEREAS, indigent criminal defense is a state responsibility that should be adequately funded on a statewide basis, not a burden overwhelmingly borne by local property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of indigent criminal defense which has cost local taxpayers over $2.6 billion from 2001 through 2017.

10. Juvenile Probation Funding
WHEREAS, the supervision of juvenile offenders is a responsibility of the State of Texas; and
WHEREAS, the Texas Legislature has consistently failed to appropriate sufficient funding to meet this responsibility; and
WHEREAS, Texas counties have increasingly met this burden by funding juvenile probation services and facilities; and
WHEREAS, Texas counties and their local taxpayers are now providing over 75 percent of the costs of juvenile probation; and
WHEREAS, current state funding formulas will continue to shift additional costs to county taxpayers unless addressed by the State of Texas;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association does hereby request that the Texas Legislature fully fund the costs of supervision of juvenile offenders, including the costs for juvenile probation services.

11. Mental Health Patients
WHEREAS, Texas counties have been forced to hold mentally incompetent prisoners for up to six months while awaiting court-ordered transfer to a state mental facility for treatment; and
WHEREAS, each of these pre-trial inmates costs the local taxpayer approximately $9,000 during this period of incarceration; and
WHEREAS, the county jail is not an appropriate facility for the mentally ill, and these prisoners pose a high risk of injury to themselves, the jail staff and other prisoners; and
WHEREAS, a State District Court in Travis County ordered the Department of Health Services to receive these prisoners within 21 days of a judge’s order; and
WHEREAS, instead of accepting its responsibility, the state appealed this order; and
WHEREAS, this delay by the State is increasing the cost to our taxpayers and continuing this improper practice;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association hereby requests that the State of Texas implement additional funding for mental health services and implement the state mental health plan to ensure the efficient and effective use of these resources.

12. Opposition to Diversion of Dedicated Funds
WHEREAS, the Legislature has committed certain funds for dedicated purposes; and
WHEREAS, unfortunately these funds have been improperly withheld from these needed functions and used to balance the general state budget; and
WHEREAS, the state leadership has proposed to end this diversion of funds;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

13. Emergency Services Program
WHEREAS, citizens of 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 be fully appropriated for the Emergency 9-1-1 Services Program.

14. 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 granting of additional powers to municipal utility districts and special utility districts and requests that the approval of the county be required before any further districts are created.

15. Support for County Road Grant Fund
WHEREAS, constitutional amendments have been approved by the voters to increase dedicated funding for public roadways; and
WHEREAS, these constitutional amendments will provide additional funding to be used only for constructing, maintaining, and acquiring right of way for public roadways other than toll roads; and
WHEREAS, these constitutional amendments provide needed support for public highways without increasing taxes; and
WHEREAS, the county road system is eligible for assistance from this funding; and
WHEREAS, county roads are being devastated by overweight trucks to enhance the production of oil and gas; and
WHEREAS, the oil and gas severance tax should be equitably shared with counties to repair this damage;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association does hereby request that additional funding be appropriated to support the county road grant program.

16. 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.

17. Sludge Waste Disposal
WHEREAS, human waste and other toxic materials are contained in municipal, domestic and commercial sludge; and
WHEREAS, this sludge waste contains harmful bacteria, viruses and chemicals that may contaminate local water supplies; and
WHEREAS, the current rules of the Texas Commission on Environmental Quality are inadequate to protect the water supply and adjacent landowners from the improper disposal of sludge waste; and
WHEREAS, disposal of these materials should be a matter of local regulation;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association hereby requests that no permits be issued for the disposal of sludge waste without the approval of the Commissioners Court and that the Texas Legislature clearly authorize local control of all sludge waste permits.

18. Fireworks Regulations
WHEREAS, counties currently have limited authority to regulate fireworks; and
WHEREAS, due to the continued danger of drought and the concern for public safety, such regulations are necessary to protect life and property;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association is opposed to any legislative action that would remove current county authority to regulate fireworks.

19. Oil and Gas Waste Disposal Facilities
WHEREAS, the Texas oil and gas industry is a vital part of our economy; and
WHEREAS, this industry requires the use of disposal facilities, such as waste injection wells, to operate in an efficient manner; and
WHEREAS, the operation of these disposal facilities can pose a substantial risk to the groundwater supply; and
WHEREAS, protection of the groundwater is also essential to the economy and health and safety of Texas citizens; and
WHEREAS, adequate information should be provided to Texas counties and their citizens to ensure the safe operation of oil and gas waste facilities and protection of the groundwater;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association does hereby request that the Texas Legislature and the Texas Railroad Commission require that Texas counties, their citizens and groundwater conservation districts be provided all available information concerning proposed oil and gas waste facilities in their area and a full opportunity to participate in the evaluation of any application for additional facilities; and
BE IT FURTHER RESOLVED that the Texas Railroad Commission be required to evaluate and consider the full local infrastructure impact and effect on local communities before voting on any such permit.

20. Rural Public Transit
WHEREAS, 37 Rural Transit District serve all the counties throughout Texas; and
WHEREAS, Rural Transit Districts provide access to needed goods and services, jobs and medical services throughout the rural counties of Texas; and
WHEREAS, Rural Transit Districts traveled 31,381,803 miles and provided 6,336,451 one-way trips to the citizens of rural Texas in 2014; and
WHEREAS, Rural Transit Districts have not received an increase in state funding since the year 2000; and
WHEREAS, on average, bus fleets for Rural Transit Districts are at 130 percent of their established lifecycle; and
WHEREAS, funding opportunities for large federal and state grants have historically left qualified rural projects underfunded; and
WHEREAS, without increased funding, in order to meet increasing service demands and costs in rural areas, services to those most in need in rural Texas will suffer;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association expresses its support for a meaningful increase in funding for Rural Transit Districts

21. Opposition to Rules Adopted by the Texas Department of Motor Vehicles That Decrease County Revenues, Increase County Costs, and Reduce Local Control and Local Services
WHEREAS, the county tax assessor-collector is charged with collecting vehicle registration fees which provide for certain legislative authorized revenues to offset costs associated with collecting and dispersing these fees for the Texas Department of Motor Vehicles; and
WHEREAS, the 83rd State Legislature created the Texas Department of Motor Vehicles Fund, authorized the Texas Department of Motor Vehicles to establish certain fees by board rule, authorized the board to direct certain fees to the fund, and allowed for county revenues to be set by board rule: and
WHEREAS, the Texas Department of Motor Vehicles has adopted rules setting title transfer and registration processing and handling fees for its own funding and has further adopted fees and changes for the county tax assessor-collectors and the various deputy classification types; and
WHEREAS, the county tax assessor-collector may deputize full-service title companies to provide titling and registration services and limited service companies to provide registration services, which increases access and locations for these services by citizens; and
WHEREAS, the rules adopted by the Texas Department of Motor Vehicles will decrease county revenues, increase county cost, and reduce local control and local services;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association opposes the rules as adopted by the Texas Department of Motor Vehicles amending Title 43 of the Texas Administrative Code Chapter 217.

22. Full Funding of DPS Labs
WHEREAS, the State of Texas through the Texas Department of Public Safety (DPS) provides for the testing of controlled and illegal substances for criminal cases; and
WHEREAS, while the service is valuable to the prosecutorial process, it is not timely as most tests require 6-9 months before results are rendered; and
WHEREAS, many alleged and formerly convicted violators must be released after 90 days with the high probability that they will reoffend and further endanger the public and further burden law enforcement; and
WHEREAS, the recent reduction in state funding will reduce the effectiveness of the DPS labs and result in further delays in the administration of justice;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests full funding, staffing and equipping of the labs to return results in the required legal time to serve justice.

23. County Homestead Exemption
WHEREAS, the current constitutional provisions limit the ability of counties to a percentage of the appraised value of homesteads; and
WHEREAS, the current limitations prevent the adoption of a homestead exemption to provide greater benefit to lower-priced properties; and
WHEREAS, additional discretion should be granted to counties to determine the homestead exemption;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that a constitutional amendment be adopted to allow counties to grant discretionary homestead exemptions based upon a dollar amount of the taxable value of the property.

24. Texas Department of Criminal Justice Inmates
WHEREAS, currently counties are required to hold inmates who have been committed to the Texas Department of Criminal Justice (TDCJ) for up to 45 days; and
WHEREAS, counties are required to hold parolees who are awaiting a revocation hearing before the TDCJ Parole Board; and
WHEREAS, the TDCJ does not provide adequate transportation of its inmates from county jails to its facilities; and
WHEREAS, the cost to county taxpayers for the failure of the State of Texas to meet its responsibilities for state inmates is approximately $100 million per year;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that the State of Texas fully reimburse counties for all costs incurred for the confinement and transport of TDCJ inmates.

25. Optional County Road and Bridge Fee
WHEREAS, the current maximum county optional road and bridge fee has been frozen at $10 since 1991; and
WHEREAS, the cost of construction and maintenance of the county road system has increased tremendously in recent years; and
WHEREAS, as the population of Texas continues to grow, the need for efficient county transportation systems will increase;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests that the maximum county optional road and bridge fee be raised to $20 per vehicle.

26. Voting Machine Costs
WHEREAS, the Federal Help America Vote Act requires that counties provide an electronic voting system at each voting location; and
WHEREAS, the current voting systems have serious security and maintenance issues; and
WHEREAS, replacement of these systems will require a great expenditure of public funds; and
WHEREAS, the purchase, programming of, and maintenance of these systems are state and federal responsibilities;
NOW, THEREFORE, BE IT RESOLVED that the South Texas County Judges and Commissioners Association requests full funding from the federal and state government for the replacement of all voting systems, programming, and maintenance.

South Texas County Judges and Commissioners Association
2018 Resolutions Committee

Victoria County Judge Ben Zeller – Chairman
Refugio County Judge Bob Blaschke
DeWitt County Judge Daryl Fowler
Brooks County Commissioner Gloria Garza
Aransas County Commissioner Brian Olsen

In addition to the above-adopted resolutions, the South Texas County Judges and Commissioners Association Resolutions Committee requests that the following items be recommended for future study and consideration.

1. County responsibility for cost of transport, autopsy and disposition of dead bodies.
2. State responsibility for drug-resistant tuberculosis cases and HIV medications.
3. Maintain local control and recovery of cost of reproduction of clerk’s digitized records and e-filing.
4. Proper tax valuation of compressor equipment, refineries and new oil and gas production facilities, and exclusion of new oil and gas interests from the effective tax rate.
5. Full funding for school vaccination program.
6. Require vehicles to reduce speed and/or yield a traffic lane to county road and bridge vehicles and equipment.
7. Require Commissioners Court representation on Regional Water Planning Groups.
8. Request legislation to require state reimbursement for court-appointed attorneys in child protective services cases.
9. Restore full funding for the Texas Historic Courthouse Preservation Grant Program.
10. State funding for all state special elections.
11. Additional funding for sales tax support on fireworks dedicated for local use.
12. More local authority on the regulation of fireworks.
13. Additional county authority over vehicle inspection and licensing procedures.
14. Local retention of asset forfeiture funds.
15. Abuse of the Public Information Act.
16. Abolish the excessive driver’s license fees assessed under the Driver Responsibility Act while maintaining support for trauma centers and EMS.
17. Support and restore county authority to regulate all county buildings and property.
18. Support an exemption from state motor fuel taxes for county equipment and vehicles.
19. Affirm county control of weapons in county courthouses.
20. Support full state funding for lost revenue from disabled veterans and surviving spouses exemption.
21. Review of the equity of ad valorem tax exemptions and the property appraisal process to facilitate a more equitable tax system.
22. State provide transportation for female prisoners or full reimbursement of the cost.
23. Change the day of statewide elections to Saturday.
24. Increase the County Lateral Road Fund.
25. Improvements to the state’s disaster response including:
a) a single state agency for disaster response and recovery;
b) state funding and training for EMCs in all counties; and
c) a state fund for immediate county disaster responses.

Rules of Procedure, Conduct and Decorum at Meetings of the County Commissioners Court

by

All Regular, Special, Emergency and Executive Session Meetings of the __________ County Commissioners Court will be called and conducted in accordance with the provisions of the Texas Open Meetings Act, Chapter 551, Government Code.

Regular, Special and Emergency Meetings of the _________ County Commissioners Court are open to the public and to representatives of the press and media. Executive Sessions of the Commissioners Court are not open to the public, the press or the media and only those individuals expressly requested or ordered to be present are allowed to attend Executive Sessions.

The ______________ County Commissioners Court meets in Regular Session on the second and fourth Mondays of each month. In order for a matter or issue to appear as an agenda item on the Agenda of any Regular Meeting of the Commissioners Court, a request must be filed with and approved by at least one member of the Commissioners Court and/or the County Judge by 12:00 p.m. (noon) on the Wednesday immediately preceding the next Regular Meeting of the Commissioners Court.

The business of __________ County is conducted by and between the members of the ___________ County Commissioners Court and by those members of the county staff, elected officials, department heads, consultants, experts and/or members of the public requested to be present and participate. While the public is invited to attend all meetings of the Commissioners Court (except Executive Sessions) the public’s participation therein is limited to that of observees unless a member (or members) of the public is requested to address the Commissioners Court on a particular issue (or issues) or unless the member (or members) of the public completes a Public Participation Form and submits same to the county clerk prior to the time the agenda item (or items) is addressed by the Court. A sample of the _______________ County Commissioners Court Public Participation Form is attached hereto as Exhibit “A.”

Each member of the public who appears before the Commissioners Court shall be limited to a maximum of five (5) minutes to make his/her remarks. Time for each speaker shall be maintained by the County Clerk or such other designated representative of the Commissioners Court.

Maximum discussion on any agenda item, regardless of the number of members of the public wishing to address the Commissioners Court on such agenda item (or items) shall be limited to thirty (30) minutes. In the event that more than six (6) members of the public wish to address a particular agenda item (or items), then only the first six (6) members of the public recognized to speak shall be divided equally between those members of the public wishing to speak for the agenda item (or items) and those members of the public wishing to speak against the agenda item (or items).

In matters of exceptional interest, the Court may, by the majority vote of the members of the Court in attendance at the meeting, either shorten or lengthen the time allocated for a particular member of the public, all members of the public and/or the amount of time allocated for all agenda items and/or a specific agenda item.

It is the intention of the Court to provide an open access to the citizens of __________ County to address the Commissioners Court and to express themselves on issues of county government. Members of the public are reminded that the ________________ County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the ______________ County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, all members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Proper attire for men, women and children is mandatory. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court’s order and/or continued disruption of the meeting may result in a Contempt of Court Citation.

It is not the intention of the ________________ County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court’s presence and/or racial, ethnic, or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:

cancellation of a speaker’s remaining time;
removal from the Commissioners Courtroom;
a Contempt Citation; and/or
such other civil and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas.

The County Judge is the presiding officer of the _____________ County Commissioners Court and is a fully participating member thereof. In the event of the absence of the County Judge, the senior member of the Commissioners Court (in terms of total number of years as an elected representative) present at the Regular, Special, Emergency meeting or Executive Session, shall serve as the Judge Pro-Tem of the Court. However, nothing herein shall prevent the senior member of this Commissioners Court from delegating this duty to another member of the Commissioners Court.

The County Judge (or the designated Judge Pro-Tem of the Commissioners Court), as presiding officer of the Commissioners Court, is responsible for conducting all meetings and members of the public who have properly completed a Public Participation Form and submitted same to the County Clerk must wait to be recognized before they will be allowed to address the Court.

Special rules for the press and media:

No media personnel or equipment, including lights, cameras or microphones will be located on the Commissioners Court bench nor closer than five (5′) feet in front of the Commissioners Court bench.

Reporters and media technicians are required to structure their movements, equipment setup and take-down and adjustments, etc., in such a manner as to not disrupt the Commissioners Court deliberations or the ability of the public to see, hear, and participate in the proceedings.

Interview shall not be conducted inside the Commissioners Courtroom during the time the Court is in session.

Media interviews which are conducted outside the Commissioners Courtroom should be conducted in such a manner that the interview does not disturb, impede or disrupt the proceedings of any regular, special, or emergency and/or executive session of the court.

The Sheriff of ______________ County, Texas, or his designated deputy, shall serve as the bailiff at all regular, special, and emergency meetings of the Court. However, in the event of the absence of the sheriff, or in the event that there exists a conflict of interest between the sheriff, any member of the sheriff’s department, and the Commissioners Court, or in the event of an Executive session of the Court in which the Sheriff is not an authorized participant, then in such event, the Court shall appoint such other commissioned peace officers to serve as bailiff as may be necessary.
From time to time, the Commissioners Court shall conduct town meetings and public hearings. These rules of procedure, conduct and decorum shall also apply to such town meetings and public hearings; however, the Commissioners Court may adopt such additional and supplemental rules for such meetings as may be necessary and appropriate to conduct such meetings in an orderly, efficient and proper manner.

These Rules of Procedure, Conduct and Decorum at Meetings of the _____________ County Commissioners Court shall be effective immediately upon adoption by the Court and shall remain in full force and effect until amended or repealed by a majority vote of the Commissioners Court.

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