Texas County Progress

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

Highlights From The Woodlands

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Texas Counties at Their Best

By Julie Anderson
Editor

Throughout the challenges of the last few years, Commissioners Courts have shown time and again what it takes to keep “Texas Counties at Their Best,” the theme of the 2018 Annual State Conference.

The County Judges and Commissioners Association of Texas convened in Montgomery County Oct. 8-11, where officials discussed the latest topics affecting grassroots government, passed a comprehensive slate of resolutions, and welcomed new Association officers.

Throughout the educational meeting, speakers offered their perspective on the character and determination county officials are known for.

TAC Executive Director Gene Terry received the County Service Award from the CJCAT. Terry, second from left, is pictured with 2017-18 CJCAT Officers Woody Gossom, Wichita County Judge; Alma Moreno, San Patricio County Commissioner; and Chuck Statler, Taylor County Commissioner.

“County government is compassionate,” declared Texas Association of Counties Executive Director Gene Terry. “You are compassionate.”

During his keynote address, Terry encouraged Judges and Commissioners to continue to demonstrate the value of local decision-making in the midst of a prolonged attack on local control.

Terry alluded to the contentious nature of the last legislative session and applauded members of Commissioners Court for remaining dedicated, honest, and courteous while striving to protect their local taxpayers.

The CJCAT presented Speaker of the House Joe Straus with the Outstanding Public Service Award. Straus, left, is pictured with 2018 CJCAT Legislative Committee Chairman Robert Johnston, Anderson County Judge.

Speaker of the House Joe Straus echoed Terry’s praise of local elected officials who are rising above politics and putting their constituents first.

“Most of you don’t have time to get caught up in the partisan fights playing out on cable TV because you’re too busy actually solving problems,” Straus told those gathered at the conference. “As many have said, there are no Republican roads or Democratic low-water crossings.

“But all of us do have a role to play in making politics better in this country, and it starts with men and women in the arena who speak with credibility,” Straus continued, “who can find the right balance between conviction and compromise, and who stay true to their principles.”

Former Grimes County Judge Ben Leman, now a state representative, shared his commitment to local control, saying he is looking forward to “bringing that piece of that puzzle, that lens, that perspective of how local laws affect county government” to the table in Austin.

“Local control, to me, is the cornerstone of our way of life,” Leman emphasized.

State Sen. John Whitmire closed the Opening General Session with an enthusiastic call to “rededicate yourselves coming out of this conference” to hold lawmakers accountable, to talk to them and educate them.

“Do your part,” Whitmire urged. “Right now, we’re not holding people accountable, so do your part!

Harris County Judge Ed Emmett, a former state representative, said his background as a legislator gave him insight on how to be “at your best” when working within Commissioners Court and with lawmakers.

“Get to know every one of your colleagues as a person – not as a Democrat or a Republican, but as a person,” Emmett recommended.

The former lawmaker acknowledged the tenuous relationship between some of those on the state level and local level.

“County government is an arm of the state,” he noted. “Since when has someone cut off their own arm?

“What happened to the idea that we are making the state better?” he asked. “Why are we the bad guy?”

In light of this tension, Emmett again suggested making a personal connection with those on the state level, all the while avoiding any temptation to permanentize an enemy and making sure to handle disagreements in a respectful manner.

While keeping an eye on Austin on behalf of local government, Commissioners Courts are diligently tending to the everyday needs of their communities whether it be the court system, emergency response, or infrastructure. The State Conference provided information on these important responsibilities, as well.

“You as Commissioners Courts have a duty to maintain a reasonably safe roadway, or warn the public of road hazards,” shared former Ector County Public Works Director Don Bonifay, P.E., during a session on the roles and responsibilities of the County Commissioner.

The county must take care of safety issues such as bridge ends, culvert ends, and edge drop-offs, Bonifay advised, but the county also has the authority to intervene when mail boxes, utility poles, trees, etc., placed by homeowners or business owners interfere with roadway safety.

Bonifay, now an engineering consultant for small West Texas counties, pointed to two attorney general opinions, in particular, that speak to specific road concerns:

  • Opinion GA-693 addresses the authority of a Commissioners Court to remove obstacles from a county right of way: “Pursuant to its general control over all roads, highways, and bridges in the county, as provided for in section 251.016 of the Transportation Code, Commissioners Courts may remove or order the removal of objects in the county road right of way that create a safety hazard to the public.”
  • Opinion JM-1,241 speaks to the authority of a county to trim, remove, or sell trees from county road rights of way, answering a specific question from Harris County: “Subject to the terms of the conveyance, dedication, condemnation judgment, etc. under which the right of way was acquired, the Harris County Commissioners Court generally has authority for right of way purposes, to remove and dispose of trees or shrubs from the public right of way easement of a county road or prevent their planting without compensation to the fee owner…”

Bonifay also addressed the pressing safety concerns in high-growth areas such as those affected by the current oil boom. For more information, you may view Bonifay’s presentation at https://www.county.org/Education-Training/Event-Presentations.

The 96th Annual Conference closed with the Association Business Meeting and Luncheon Banquet, where the membership thanked Immediate Past President Alma Moreno, San Patricio County Commissioner, for her years of dedicated service and welcomed incoming President Robert Johnston, Anderson County Judge.

The 97th Annual County Judges and Commissioners Association of Texas Conference will take place Oct. 7-10, 2019, at the Moody Gardens Hotel and Convention Center in Galveston County. HH

County Judges and Commissioners Association of Texas 2013 Resolutions

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The following resolutions were adopted by the County Judges and Commissioners Association of Texas representing 254 counties in the State of Texas on Oct. 10, 2013, during the Association’s Annual Conference.

 

1. Thanks to the Host Court

WHEREAS, the Annual Conference of the County Judges and Commissioners Association of Texas was conducted in Galveston County, Texas, Oct. 7-10, 2013; and

WHEREAS, the Honorable Commissioners Court of Galveston County has hosted the County Judges and Commissioners Association of Texas in the most entertaining and excellent manner;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas expresses its wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Galveston County, sponsors, contributors, and exhibitors for their courteous and warm hospitality extended to each of us.

 

2. Thanks to State and Local Associations and Friends of County Government

WHEREAS, the Annual Conference of the County Judges and Commissioners Association of Texas was conducted in Galveston County, Texas, Oct. 7-10, 2013; and

WHEREAS, the members of the County Judges and Commissioners Association of Texas wish to acknowledge the expertise of and thank the staff of: James Allison of Allison, Bass & Associates, LLP.; the Texas Association of Counties and Executive Director Gene Terry; the Texas Association of Regional Councils and Director Penny Redington; the V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and Director Richard O. Avery, Ph.D.; 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.

 

3. Memorial to Deceased Officials and Special Friends

WHEREAS, the following highly regarded members and friends of the County Judges and Commissioners Association of Texas are deceased; and

WHEREAS, the Association desires to pay appropriate respect to these members and friends; and

WHEREAS, since our last conference, the County Judges and Commissioners Association of Texas has mourned the passing of:

 

West Texas Association

Jeff Davis County Judge
Wanda Lou Adams

Former Tarrant County
Commissioner R.T. “Dick”
Andersen 

Former Upton County Judge Vikki Bradley 

Former Kent County
Commissioner and County Judge Donnie Wayne Carriker

Former Garza County Judge
Giles Wilson Dalby Sr.

Former Ector County
Commissioner Bill G. Elms

Collingsworth County
Commissioner Dan Langford

Former Pecos County
Commissioner
Richard Gregg McKenzie

Former Lubbock County
Commissioner Eliseo Solis

Former Swisher County
Commissioner James Vineyard 

Citizens of West, Texas

South Texas Association

Former Comal County
Commissioner
Jack Vaughn Dawson

Former Calhoun County Judge Arlene Marshall

Former Webb County
Commissioner Lilia “Lily” Perez

Former Kendall County Judge Gaylan L. Schroeder

Former Comal County
Commissioner
Morris “Moe” Schwab

Former Atascosa County
Commissioner
Tommy Dean Shearrer

Former Colorado County
Commissioner Louis W. Stiles

Former Bandera County
Commissioner
Stanley E. Tschirhart

North & East Texas Association

Former Morris County Judge Vanoy Troy Boozer

Former Rains County
Commissioner Hershel Bullard Jr.

Former Kaufman County
Commissioner Hal Lee Couch

Former Delta County
Commissioner
Tommie (Gaston) Dodd

Angelina County Commissioner Richard Earl “Rick” Harrison

Former Somervell County
Commissioner Billy C. Miller

Former Trinity County
Commissioner Wayne Odom

Fannin County Commissioner
Joe Strong

Former Hood County
Commissioner Joe Horace Swaim

Former Jasper County Judge and Jasper County Commissioner
Corbit Whitehead

 

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

 

4. 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 County Judges and Commissioners Association of Texas and its 254 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.

 

5. Opposition to Appraisal Caps and Revenue Caps 

WHEREAS, the Texas Legislature has considered proposals for additional revenue caps and additional appraisal caps on counties; and

WHEREAS, 60 percent of the average taxpayer’s property tax burden is due to school taxes while only 14 percent is due to county taxes; and

WHEREAS, appraisal caps or revenue caps would diminish local control and tie the hands of county officials and limit their ability to provide essential services to address the needs and emergencies of their citizens; and

WHEREAS, county government is already struggling to meet the demands of under-funded and unfunded state mandates such as indigent health care, indigent defense and federal mandates such as the Help America Vote Act and the Clean Air Act; and

WHEREAS, the demands on county budgets continue to increase including motor fuel, road materials, and all other products and services purchased by counties; and

WHEREAS, artificial appraisal caps or revenue caps will result in a shift of taxes from rapidly appreciating properties to those remaining relatively stable in value and to all non-residential properties; and

WHEREAS, appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in a severe impact on county services; and

WHEREAS, undermining a property tax system based upon fair market value is questionable public policy and will result in a distorted, inequitable taxation scheme under which identical homes could be taxed at vastly different amounts; and

WHEREAS, it would be unfair for the Texas Legislature to impose additional revenue caps on local governments without imposing similar caps on state government;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas does hereby express its opposition to efforts to limit local control and does hereby oppose any attempts to impose revenue caps or appraisal caps upon Texas counties, and the County Judges and Commissioners Association of Texas expresses its deep appreciation to all legislators who oppose these unsound measures.

 

6. Indigent Health Care

 WHEREAS, revisions have been proposed regarding the Texas system of indigent health care; and

WHEREAS, some revisions propose an assessment upon counties to support a regional indigent health care system; and

WHEREAS, such assessment would constitute an unfunded mandate, requiring property tax increases in those counties; and

WHEREAS, such regional systems would not be efficient or responsive to local taxpayers;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas opposes any attempt to impose a mandatory assessment upon Texas counties to fund a regional or statewide health care system.

 

7. 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 County Judges and Commissioners Association of Texas expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

 

8. Emergency Services Program

 WHEREAS, citizens of rural Texas desire access to 9-1-1 emergency services in an efficient manner, as evidenced by approval of the monthly fee on business and residential phone bills; and

WHEREAS, the 9-1-1 emergency services dispatch and response depends on equipment which must function reliably on a continuous basis; and

WHEREAS, older equipment reaches a point of being high maintenance and becomes unreliable; and

WHEREAS, technology continues to improve, necessitating upgrading hardware and software for reverse 9-1-1 services and other needs;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas urges our state legislators to provide full funding to the Emergency 9-1-1 Services Program for maintenance and improvement; and

BE IT FURTHER RESOLVED that funds generated by the 9-1-1 surcharge will not be used by the Legislature as money set aside to balance the state budget; and

 BE IT ALSO RESOLVED that any such funds set aside that currently exist be fully appropriated for the Emergency 9-1-1 Services Program.

 

9. 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 County Judges and Commissioners Association of Texas 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.

 

10. Mental Health Patients

WHEREAS, Texas counties have been forced to hold mentally incompetent prisoners for an average of 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 has 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 has 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 County Judges and Commissioners Association of Texas hereby requests that the State of Texas implement the additional funding for mental health services in S.B. 1, the General Appropriations Act, and implement the state mental health plan approved in H.B. 3793 to ensure the efficient and effective use of these resources.

 

11. County Road Repair Program

WHEREAS, Texas is currently experiencing record oil and gas drilling activity; and

WHEREAS, new drilling and exploration technology has tremendously increased the oil and gas truck traffic on county roads; and

WHEREAS, this truck traffic has literally destroyed many county roads, creating a safety hazard for the public; and

WHEREAS, Texas counties are dependent upon the property tax and have no source of funding to repair the damage from this oil and gas truck traffic; and

WHEREAS, immediate assistance is required to protect the public and prevent further deterioration of the county roads;

NOW, THEREFORE, BE IT RESOLVED that the County Judges and Commissioners Association of Texas requests that the Texas Transportation Commission approve grants to counties for the
$225 million appropriated in
H.B. 1025 for county road repair and implement S.B. 1747 to distribute these funds to meet this drastic need, and we also urge that Texas voters approve S.J.R. 1 in November 2014 to further address funding for our state and county transportation system.

 

12. 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 County Judges and Commissioners Association of Texas 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.

13. Resolution to Support Federal Legislation H.R. 1526 to Provide Payments in Lieu of Taxes to Local Governments for Federal Lands  

WHEREAS, the United States government established the four National Forests in Texas in 1934, setting aside more than 637,000 acres of forest lands which are located in 12 counties and 58 public school districts throughout East Texas; and

WHEREAS, when these lands were taken off the local property tax rolls, the federal government made a commitment to manage the lands for the benefit of the counties impacted by federal forestland, improve forest health and help prevent catastrophic wildfires; and

WHEREAS, beginning in the 1990s, federal policy changed which resulted in significant reduction in timber harvesting and, as a result, a significant reduction in funding to the impacted counties for public roads and public education; and

WHEREAS, the Secure Rural Schools and Communities Act was enacted in 2000 to partially restore lost funding to the National Forest counties and schools, but that funding has been reduced significantly and is set to expire after 2013; and

WHEREAS, the United State House of Representatives has passed H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act.  This legislation would restore critical funding by extending the Secure Rural Schools and Communities Act, and would renew the federal government’s commitment to manage federal forests for the benefit of counties impacted by federal forestland, improve forest health and help prevent catastrophic wildfires; and
WHEREAS, specifically, the legislation would:  (1) re-establish the priority of actively managing our forests and promote responsible timber production on Forest Service commercial timber land;  (2) improve forest health and prevent catastrophic wildfires by allowing significant state and local involvement;  (3) improve forest management by establishing Good Neighbor Authority, which allows state and federal authorities to work together on fire mitigation efforts even when project areas cross ownership boundaries; and (4) allow for a short-term extension of Secure Rural Schools payments to rural counties and schools; and

WHEREAS, enactment of H.R. 1526 would also create new jobs and economic development in the National Forest counties; and
WHEREAS, the Congressional Budget Office estimates that enactment of H.R. 1526 would result in an estimated reduction of the federal deficit of $269 million over a 10-year period;

NOW, THEREFORE, BE IT RESOLVED by the County Judges and Commissioners Association of Texas that we support the enactment of H.R. 1526, and we furthermore urge the Honorable John Cornyn and the Honorable Ted Cruz to support this important legislation in the United States Senate.

County Judges and Commissioners Association of Texas

2013 Resolutions Committee

Chairman: Woodrow
W. “Woody” Gossom Jr., Wichita County Judge

Tim Brown, Bell County Commissioner

Emma Bennett, Harrison County Commissioner

Roger Galvan, Calhoun County Commissioner

John L. Norman, Garza
County Judge

Joseph Rathmell, Zapata County Judge

Susan Redford, Ector
County Judge

 

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

  1. County ownership of mineral rights in county roads.
  2. County responsibility for cost of transport, autopsy, and disposition of dead bodies.
  3. County responsibility for drug-resistant tuberculosis cases.
  4. Recovery of cost of reproduction of clerk’s digitized records.
  5. Tax valuation of refineries and new oil and gas production facilities, and new oil and gas interests.
  6. Full funding for school vaccination program.
  7. Implement H.B. 2454 to allow counties to adopt an automatic procedure to qualify jail inmates as indigent for indigent health care.
  8. State assume full responsibility for transport cost of jail inmates to TDCJ.
  9. Implement S.B. 1510 to authorize counties to publish a single, simplified, combined tax rate and budget notice.
  10. Request voter approval of Proposition 6 (S.J.R. 1) from the Regular Session to support funding for water supply projects on the November 2013 ballot.
  11. Require vehicles to reduce speed and/or yield a traffic lane to county road and bridge vehicles and equipment.
  12. Require Commissioners Court representation on regional water planning groups.
  13. Request legislation to require state reimbursement for court-appointed attorneys in child protective services cases.

Lessons from the 82nd Session of the Texas Legislature: The Intrinsic Value of a Broken Record

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Legislature_TexasStateSealWhen a vinyl record suffers a scratch, the record needle jumps causing a section of the recording to repeat until the needle is removed or shifted.

Two years ago commissioners courts across the Lone Star State were looking to get scratched – or, more accurately, gouged. Facing a $27 billion deficit, the Texas Legislature proposed major shifts in public policy through the Appropriations Bill.  Many of these shifts would have stolen chunks of money necessary to continue mental health services, criminal justice programs, juvenile justice services, disaster relief, and other local assistance programs. Additional state proposals were set to divert dedicated revenues, in essence instituting policy changes that would renege on long-standing commitments to counties and their taxpayers.

Enter the broken record.

County judges and commissioners tag-teamed one another, accompanying the officers of the County Judges and Commissioners Association of Texas (CJCAT) and their general counsel, Jim Allison, as they traveled to the Capitol to present a united message to both champion and protect county government. Facing cut after cut, scratch after scratch, local elected officials showed up both literally and figuratively, sending e-mails and faxes, making phone calls, and putting in personal appearances to safeguard their county, their community, and their taxpayers.

Truth be told, this isn’t the first use of the broken record. For years, if not decades, commissioners courts have shown up protesting the use of unfunded mandates, and more recently, proposed revenue and appraisal caps.

“Believe me, I know how you feel about those unfunded mandates,” Sen. Royce West, D-Dallas, told an audience of county officials at an educational conference.

However, the 82nd Legislative Session presented a particular challenge, with lawmakers seeking deeper cuts and targeting dedicated funding. For example, proposed legislation originally zeroed out the Lateral Road Fund, meaning an elimination of $14.6 million, or 100 percent of the portion of the gasoline tax dedicated to county roads by the Transportation Code. Lawmakers also put forth elimination of Overweight Truck Permit Fees valued at $15 million; the fees from these TxDOT permits are dedicated to counties for partial reimbursement for overweight truck road damage.

Officials replied with a firm and consistent message: Infrastructure is critical. Roads carry our emergency vehicles, school buses, our employers and employees. When it comes to roads, we are in maintenance-mode, using every penny to support and repair an outdated and over-burdened transportation system. Officials repeated the message, broken-record style; when all was said and done, both funds were fully restored.

To ensure their message was not only heard but understood, officials took an extra communicative step last session, translating proposed cuts into actual impact.

For example, former Houston County Judge Lonnie Hunt prepared a detailed document titled:

What Happens in Austin 

Doesn’t Stay in Austin

Impact of House Bill 1 and Senate Bill 1

(Appropriations Bills) on Houston County

With regard to transportation, the communique stated the following:

Elimination of Lateral Road Distributions

Although these gasoline taxes are dedicated to county roads by state law, they would not be distributed during the next two years.  This would cost Houston County about $68,000.

Elimination of Distribution of Overweight Truck Permit Fees

Even though the fees from these TxDOT permits are dedicated by law to counties for partial reimbursement for overweight truck damage, House Bill 1 and Senate Bill 1 propose to retain these fees in the state treasury.  TxDOT would continue to issue the permits, and the overweight trucks would continue to tear up our county roads.  Direct loss to Houston County in the biennium: $64,000.

The Ector County auditor also put pen to paper and equated proposed cuts with actual impact:

Juvenile Probation: Estimated 15 percent cut in funding, or about $150,000. Number of juveniles served is increasing which will require Ector County to allocate additional tax revenues to this function. Current direct allocation is $2.6 million.

Law Enforcement: Criminal Justice Division grants down 55.8 percent. State funded programs such as drug enforcement will require additional local funding to support. Prior to FY2010, Ector County received an average of $150,000 per year.

Indigent Defense: Grant program to be cut 13.6 percent requiring additional local tax dollars to fund. FY2010 funding was $194,000. Program cut equates to approximately $27,000.

Jury Pay Reimbursement: To be cut 14.8 percent; again, additional local tax dollars will be required. Funding represents some $60,000. Cut represents approximately $9,000.

When the 82nd Session of the Texas Legislature adjourned sine die, commissioners courts breathed a collective sigh of relief, as the adopted version of the state budget partially restored funding to most county programs. In addition, revenue caps and most unfunded mandates were defeated.

“Our system worked this time like our system is supposed to work,” summarized CJCAT Legislative Committee Chairman and Polk County Judge John Thompson, during a follow-up conference. “We found the key, and now we just have to keep refining that key.”

Get Ready, Get Set…

With the 83rd Session of the Texas Legislature underway, it’s time to pull out that key and get out those broken records. As the session advances, time will tell if the messages require adjustment. No doubt the usual issues – unfunded mandates and caps – will make an appearance. However, as proposed legislation morphs its way through legislative channels, swift and sure response will be required as counties once again put pen to paper to determine the impact at the county level.

“Give us a true picture of what your concerns and needs are so we can address them,” stated Sen. Eddie Lucio Jr., D-Brownsville, during the last CJCAT educational conference.

Extra Education Effort

Along with data on specific legislative impact, Lucio suggested an overall education effort considering this year’s freshman class; approximately one third of the 83rd Texas Legislature is comprised of members who are new to either the House of Representatives or the Senate.

“It is our responsibility to seek out legislators – our senior partners in the state-county partnership – and educate them on our needs and responsibilities,” Allison echoed.

Perhaps a review of the basics is in order.

County Government 101

State and Local

As a part of the State of Texas, the structures and duties of county government are set forth in the Texas Constitution. As an arm of the State, Texas counties can only do those actions that are specifically authorized by Texas law. Equally important, Texas counties must do those actions that are required by law.

As a unit of state government, county government responsibilities include:

  • Conduct elections
  • Process and maintain voter registration
  • Maintain and construct county roads and bridges
  • Provide for public safety
  • Maintain and operate the court and jail system including provision for indigent legal defense
  • Provide medical care for indigent county citizens
  • Facilitate the issuance and recording of public documents
  • Process motor vehicle registration and title transfers
  • Collect and remit state motor vehicle taxes

Provide local support for state agencies such as Texas Department of Mental Health and Mental Retardation, Department of Public Safety, Texas Parks & Wildlife, and the Alcoholic Beverage Commission

As a unit of local government, the commissioners courts of Texas are often described as “grassroots government,” and county judges and commissioners are oft portrayed as “those closest to the people” who live and work where “the rubber meets the road.”

In his presentation on “County Expenditures Services,” Denton County Auditor James Wells writes, “…Texas counties have long operated under the idea that their primary purpose is to provide services to the citizens. All actions of county government and all expenditures of county funds are connected to the goal of providing services to the citizens.” In the majority of Texas counties this means going beyond the mandatory services and expanding into “discretionary” services, such as parks, community centers, libraries, senior centers, and emergency medical and family services – those special functions that enhance the quality of individual lives and the community as a whole.

As costs continue to increase, counties face the growing concern that they will have to focus solely on mandated expenditures and abandon existing discretionary programs – often referred to as “quality-of-life” services.

To complicate matters, taxpayers may not understand county government and the state/local dynamic. They only see diminished quality-of-life programs or the lack of pursuit of additional needed (yet discretionary) services. When election time comes around, voters seek change without realizing the true problem: LACK OF REVENUE.

County Revenue – The Property Tax

The property tax, or ad valorem tax, is inarguably the largest revenue source for Texas counties.

According to the Texas Constitution, Article VIII, Section 9, the county cannot levy a tax rate in excess of $.80 per $100 of property value for the county’s general fund, permanent improvement fund, road and bridge fund and jury fund.

On top of the $.80, the county is authorized to levy a $.15 road and bridge tax and a $.30 farm-to-market road/flood control tax; however, these taxes are subject to voter approval. In addition, counties on the Gulf of Mexico can levy a special tax for construction of sea walls, breakwaters, or sanitary purposes, not to exceed $.50 per $100 valuation.

Counties are also authorized by several statutes to levy certain special purpose taxes. However, these taxes when combined with the general fund tax may not total more than $.80 per $100 assessed valuation.

Property tax rates across the state are as varied as the counties themselves, with some counties hovering in the 20- to 30-cent range and others approaching or even reaching the maximum.

While county officials statewide are well aware of the overburdened property tax – and taxpayers’ frustration with their property tax bills – they are limited by law.

In addition to the property tax, counties rely on fines and fees, intergovernmental revenue, and interest, along with miscellaneous revenues or transfers.

Common Challenges

When it comes to Texas county government, the precariousness of county coffers is nothing new. In its April 2005 Local Government Survey, “The Challenges of Governing,” the Office of the Texas Comptroller asked participants two key questions:

What are the greatest internal obstacles to fulfilling your organizational goals?

What are the greatest external obstacles to fulfilling your organizational goals?

Some 44 percent of respondents cited lack of revenue as their greatest internal challenge, while 37 percent said inadequate funding from the State of Texas represented their most significant external obstacle.

According to the survey analysis, an overwhelming majority – 82 percent – of the 540 county, city and special-purpose district officials who voluntarily responded to the survey supported legislation to prohibit unfunded mandates on local governments. In addition, officials reported that declining and insufficient revenues were being met with an increasing demand for services, driven by population growth, newly identified needs in the community, additional state laws, and changes in the economic conditions.

Survey Question: Specific Challenges Facing Your Governmental Unit

Answer: Unfunded mandates, aging population with no new revenue sources, disappearance of opportunity to attract workforce and new ventures. Tax base used to fund basic services and regulated and mandated obligations thus eroding ambition and hope. 

Tough Choices

Many taxpayers do not understand the stress and strain on the counties across the Lone Star State that are inching closer and closer to the maximum tax rate of $.80 per $100 of property value. As costs continue to increase, some counties face the growing concern that they will have to focus solely on mandated expenditures and abandon existing discretionary programs. In the meantime, the State of Texas continues its age-old habit of issuing mandates without funding to support the required service.

CJCAT Past President and Oldham County Judge Don R. Allred explained the plight of many struggling counties as follows:

County budgets are driven by the laws that are implemented in Austin by the Texas Legislature.

Counties are limited to property taxes for their main revenue source.

Taxes, for the most part, are determined by mandates put on the county by the State Legislature.

Discretionary spending for local services is the first to be cut because spending for state-mandated services is just that, mandated.

If the state would fund the laws that they adopt, then our property taxes could be more closely tied to local services and therefore could legitimately be used by local taxpayers and local governments to indicate the need for higher or lower taxes based on their desire for services.

As things stand today, local governments tend to be the state’s scapegoat to blame for higher property taxes, when in reality higher budgets are, more often than not, the result of the state’s unfunded, mandated programs and services.

When this happens local officials must either raise taxes, cut local spending, or both.  Local taxpayers see higher taxes and fewer services, leading to frustration.

The State of Texas, by our Constitution, is prohibited from having a state property tax; however, the ability to require counties to spend local property taxes on state programs allows the state to circumvent this prohibition.

If we are ever to have complete truth in taxation, the state should fund the programs and services they require by mandate.  This will allow local property taxes to be used for local programs and services, the purpose for which they were designed.H

– By Julie Anderson

83rd Texas Legislature

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83rdTexLegislature_DatesThe County Judges and Commissioners Association of Texas (CJCAT) has always approached the Texas Legislature with resolve. For example, during the past few legislative sessions local government officials and associations such as the CJCAT voiced spirited opposition to appraisal and revenue caps and extreme budget cuts. Consequently, multiple regular and special sessions adjourned without imposing these restrictions and cuts, due in large part to the heightened presence and significant voice of county officials and their supporters. Lawmakers will be asked to consider thousands of bills throughout the 83rd Session, and the CJCAT will closely monitor all proceedings to champion and protect county government.  Officers and members of the CJCAT will accompany CJCAT General Counsel Jim Allison in Austin during the session to provide needed testimony and present a united front.

“We are going to spend most of our time making sure that the Legislature does not solve the state’s budget deficit by shifting responsibility and cost down to the counties,” said CJCAT Legislative Committee Chairman and Polk County Judge John Thompson. “All county officials should start now and stay close to their state elected officials and make sure they know where we stand.”

From indigent defense and indigent health care to inmate transfers and elections, costs continue to be pushed down to the local level, said CJCAT Immediate Past President and Hays County Commissioner Debbie Gonzales Ingalsbe.

“We need to foster a better understanding among public officials, in all levels of government, as to how these costs can impair a county’s ability to provide essential services to our public,” Ingalsbe maintained.

This resolve to connect with state officials is especially important considering the high turnover of lawmakers following the November 2012 elections. Approximately one third of the 83rd Texas Legislature is comprised of members who are new to either the House of Representatives or the Senate.

“In addition to the traditional issues, such as unfunded mandates, we will exert a major effort to restore funding to our dedicated accounts, like the 9-1-1 infrastructure fund,” Allison indicated. “For too many years the Legislature has balanced the state budget by using funds from these dedicated accounts.  Truth in taxation should require that these funds be used for the purposes promised to the voters.”  In fact, at its State Association conference in October 2012, the CJCAT membership passed a resolution focusing on this issue as follows:

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 County Judges and Commissioners Association of Texas expresses its opposition to any state diversion of dedicated funds and supports the state leadership’s commitment to end this practice.

Other resolutions spotlight important issues cited by officials as critical to the effective functioning of county government, such as caps and transportation funding.

“As always we will need to be vigilant concerning taxing authority,” emphasized Oldham County Judge Don R. Allred, a past president of the CJCAT. “Issues such as tax caps, revenue caps, as well as the state passing down costs to local government because of the budget crunch, will be at the forefront.”

Allred also cited road damage caused by increased weights and the number of trucks using county roads.

“This is an issue that is statewide and broadening each year,” Allred stressed.

Water is another heightened concern, with regard to shortage and usage including both groundwater and surface water.

“We also need some type of regulatory authority at the county level to deal with urban sprawl, as growth continues to creep into the unincorporated areas of the state,” Allred stated.

The best way to highlight these critical concerns is to become engaged in the legislative process.

“We become engaged by making our voices heard, engaged by informing our leaders of needed action, engaged by offering alternative legislation that is more just, and engaged by following throughout the process to ensure the outcome,” Allred recited.

Make phone calls, send e-mails, and meet with lawmakers in person, Ingalsbe urged, and “communicate our message.”

For up-to-date information on legislative positions and progress, judges and commissioners can monitor the Association website, www.cjcat.org. For more immediate updates, officials may submit their e-mail addresses to cjca@allison-bass.com.

– By Julie Anderson

 

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