Texas Constitution

Welcome to Grassroots Government

January 1, 2019 by County Progress

County ‘Resolutions’ Depict Depth, Breadth of Responsibilities

By Julie Anderson
Editor

Some 265-plus new County Judges and County Commissioners joined Commissioners Courts across the Lone Star State in January and are quickly learning the requirements and expectations of their office: Get educated. Do more with less. Make a difference. Serve. Improve communities.

With the New Year barely behind us, perhaps many officials, whether new or seasoned, are still fine-tuning their 2019 resolutions; when it comes to Commissioners Court, the list practically creates itself.

Fulfill My Mandated Court Duties

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.
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 the Texas Department of State Health Services, Department of Public Safety, Texas Parks & Wildlife, and the Alcoholic Beverage Commission.

During a conference presentation on the roles and responsibilities of the County Commissioner, Bell County Commissioner Tim Brown highlighted the complex nature of the job.

Commissioners Courts do not live in a democracy. Rather, county government is actually an agency of the state, and everything Commissioners Courts do is rooted in state law.
A college professor could attempt to teach a college class on the applicable body of law and not completely cover it. In addition, these laws pertaining to the Commissioners Court’s authority can be redundant and confusing.
The Commissioners Court is the governing body of a county, similar to the chief executive officer of a corporation, addressing fiscal policy, compliance, and enforcement, a “complicated group of responsibilities.”

As part of his training course, Brown provided attendees with a compilation of statutes summarizing the general responsibilities and statutory authorizations for each function of the Court. The document cited hundreds of statutes authorized by the following:

Agriculture Code
Civil Practice and Remedies Code
Code of Criminal Procedure
Education Code
Election Code
Government Code
Health and Safety Code
Human Resources Code
Labor Code
Local Government Code
Natural Resources Code
Occupations Code
Parks and Wildlife Code
Property Code
Tax Code
Texas Constitution
Texas Family Code
Transportation Code
Utilities Code
Vernon’s Revised Civil Statutes
Water Code

Set Discretionary Goals

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 and Services,” Denton County Auditor James Wells wrote, “…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.

The Texas Constitution and statutes assign roads as a county responsibility, confirmed Jim Allison, general counsel to the County Judges and Commissioners Association of Texas (CJCAT). However, the funding level is discretionary with the Commissioners Court.

When it comes to prioritizing funding, the county road system has risen to the top of the list in Anderson County, shared County Judge Robert Johnston, president of the CJCAT.

When working on the 2016 county budget, Johnston noted the immediate need for a long-term plan to address the county road system. Johnston broached the topic of a bond issue to fund road and bridge initiatives, and then he allowed time for the idea to sink in. At the next budget workshop, the decision was made to move forward, and on Nov. 8, 2016, Anderson County voters passed a $20 million bond issue dedicated to county roads and bridges.

“The projects include problem drainage issues that we are fixing as we work on the roads,” Johnston detailed. “By addressing these problems with enough money to be able to fix the problem instead of putting a Band-Aid on, we will get on top of the situation and keep it in good shape for years to come.”

Many of the roads in Anderson County have not been reworked from the ground up in the last 25 to 30 years, the Judge specified. The Commissioners Court hopes to repair more than 350 miles of the county’s 1,000-mile road system.

“With the county keeping our roads in top shape, it will bring an economic benefit to Anderson County through reduced repairs to vehicles traveling our roads and hopefully increased property values,” Johnston offered.

The county has completed 159 miles of road repair in the first two years of the project, Johnston reported.

“We have spent around $1 million on pipe and culvert for drainage projects to go along with the resurfacing work,” Johnston continued. “Before the bond issue, we could do a maximum of 20 miles a year between the four precincts.”

What goals and priorities have you set for your county?

Conduct Effective Meetings

Issues such as infrastructure needs are addressed at meetings of the Commissioners Court. What about a goal to improve the effectiveness of your meetings?

No legal requirement obligates Commissioners Court meetings to be conducted under a formal parliamentary procedure. According to Attorney General Opinion DM-228: “A Commissioners Court may adopt reasonable rules that are consistent with relevant provisions of law to govern the conduct of its meetings. If the court wishes to use Robert’s Rules of Order or some other formal rules, the method chosen must be consistent with law, adopted by a majority vote of the court and applied to all court members.”

The Opinion refers to Sections 81.005 and 81.006 of the Local Government Code which address the time, location, and quorum requirements of Commissioners Court meetings.

In addition, the Opinion states: “The court is also subject to the Open Meetings Act, but we have found no statute setting out comprehensive procedures for the conduct of Commissioners Court meetings.”

Legal requirements aside, some counties have decided that it is in their best interest to formally adopt rules of procedure, conduct, and decorum for meetings of the Commissioners Court.

These can be helpful when correcting common misconceptions of the public. For instance, people often think the Commissioners Court meeting is a public hearing. The public is allowed to come and watch but does not have the automatic authority to speak. However, counties may allow members of the public to appear before the court, if the county so chooses, in which case a set of procedures governing public participation is advisable.

Trinity County adopted such procedures regarding public participation. For example, those who make an appearance are allowed five minutes and must guard their language and manner of speaking.

Another misconception some people have is that they can call the county office and have something put on the agenda, said recently retired Bell County Judge Jon Burrows, who led Commissioners Court meetings for 20 years.

“This sometimes occurs when someone has an issue with another elected official and wants to air it in court,” Burrows explained. Only members of Commissioners Court can place an item on the agenda.

Issues such as public participation and the meeting agenda are addressed in a model set of rules of procedure, conduct, and decorum for meetings of the County Commissioners Court recommended by Allison.

“Rules of procedure and decorum are very important for an efficient, productive Commissioners Court meeting,” Allison stated. “The rules provide a framework for the transaction of business and inform the public on the proper procedure for presenting comments to the meeting.”

During Bell County meetings, Burrows said he always strived to maintain a light-hearted atmosphere coupled with “firm/business-like control.”

Pursue My Continuing Education

The Texas Constitution spells out the education requirements for members of Commissioners Court. What better time than now to set your educational calendar?

Per Government Code Section 74.025, County Judges are required to earn 30 credit hours during their first year of office, and 16 credit hours for each 12-month reporting period following the first year in office. For additional information, including exemptions, see http://www.txcourts.gov/media/253241/rulesofjudedu112513.pdf.

According to this document, “Instruction credit completed during any fiscal year in excess of the minimum number of hours required may be applied to the following fiscal year’s requirement.”

Per Local Government Code Section 81.0025, County Commissioners must earn 16 hours for each 12-month period in office; eight surplus hours may be carried from one 12-month period to the next.

The County Judges and Commissioners Association of Texas is committed to providing a variety of educational opportunities, per Article II, Section 4 of the CJCAT Constitution: “This Association shall sponsor and co-sponsor educational conferences, seminars and other programs for county officials and county employees to study information relative to county affairs and assist those officials in need of Continuing Education credits, as required by law.”

Planning is well underway for the 2019 CJCAT region and state conferences, with specific details available on our County Calendar, Page?

The conference agendas are dedicated to both the mandated responsibilities of the Commissioners Court and the discretionary duties Commissioners Courts endeavor to provide.

Go Above and Beyond (INSERT Blue CCAC Symbol)

Pursue Commissioners Court Advanced Curriculum Certification

Earning your Commissioners Court Advanced Curriculum certification is a worthy resolution that has already been achieved by over 500 officials.

Commissioners Court Advanced Curriculum (CCAC) is a comprehensive educational program designed specifically for members of the Commissioners Court.

CCAC was adopted by the County Judges and Commissioners Association of Texas in 1992 to provide curriculum for an advanced study in county government. The program is continually updated, as foundational information provided in the original program is merged with material necessitated by legislative changes and the new and varied challenges faced by a rapidly growing state.

The development of CCAC is a combined effort of the CJCAT, V.G. Young Institute of County Government, a part of Texas A&M AgriLife Extension Service, and the Texas Association of Counties.

“The Commissioners Court Advanced Curriculum Program offers County Judges and Commissioners advanced training beyond the state mandated educational requirements, explained Hays County Commissioner Debbie Gonzales Ingalsbe, chairman of the CJCAT County Commissioners Education Committee. “The program helps us gain a greater understanding of every elected office, including their duties and responsibilities, which equips us to provide the needed resources for services that benefit our county residents.”

CCAC provides a comprehensive course of study as follows:

Phase I Orientation – Hours presented at LBJ School of Public Affairs

Phase II Basics – 16 hours

Phase III Advanced Instruction – 32 hours

Phase I Orientation courses currently are offered at the LBJ School of Public Affairs Seminar for Newly Elected County Judges and Commissioners, which is conducted in Austin every January following an election year. Attendance at this seminar has traditionally been limited and restricted to new Judges and Commissioners. Since it is not feasible to require County Judges and Commissioners to retroactively attend the LBJ Orientation Seminar, County Judges and Commissioners who assumed office prior to Jan. 1, 1995, are permitted to substitute 16 hours of other approved instruction for the orientation course.

Phase II County Government Basics includes instruction concerning the duties and responsibilities of all county officers and departments. Phase III includes advanced instruction in the functions of county government. These courses are offered at the annual County Judges and Commissioners Association of Texas regional and state conferences and the annual V.G. Young Institute of County Government School for County Commissioners Courts.

Offer to Serve My Association

Every Texas County is a member of the County Judges and Commissioners Association of Texas.

The CJCAT is divided into three regional associations, with several subgroups within the regional organizations.

The North & East Texas County Judges and Commissioners Association is comprised of 74 counties.
The South Texas County Judges and Commissioners Association includes 63 counties. (Chambers County is a member of both the North & East and South associations.)
The West Texas County Judges and Commissioners Association serves 118 counties.
The Deep East Texas County Commissioners and County Judges Association is a subgroup of North & East Texas, made up of 15 counties from Far East Texas.
On the opposite side of the state, the Far West Texas County Judges and Commissioners Association represents the western-most counties, with a total membership of 36.
Also a part of the West Texas group, the Panhandle County Judges and Commissioners Association claims 34 member counties.

Each Association, from the State Association down to the subregions, has elected officers. Most have committees that conduct important Association business, including the development and presentation of resolutions, discussion of conference sites, nomination of future officers, and selection of scholarship recipients.

How will you serve your Association during 2019? HH

Comptroller Raises Revenue Estimate by More than $2.8 Billion

September 19, 2018 by County Progress

Texas Comptroller Glenn Hegar has revised the Certification Revenue Estimate (CRE). In a July 11 letter to state leadership, Hegar said the state will have $110.17 billion in General Revenue-Related (GR-R) funds available for general purpose spending for the 2018-19 biennium, resulting in a projected fiscal 2019 ending balance of $2.67 billion, an increase from the $94 million ending balance projected in the October 2017 CRE. The ending balance does not account for any 2018-19 supplemental appropriations the Legislature may make.

“An economic expansion exceeding our expectations from last year has resulted in revenue collections this fiscal year outpacing CRE projections,” Hegar said. “Texas in particular benefited from rising oil prices and production and the consequent increase in economic activity. The best ongoing indicator of the robust Texas economy is the state’s rate of job growth. Texas added more than 350,000 new jobs in the 12 months ending in May 2018, and the state’s unemployment rate has been at or near historic lows in recent months.”

Through June of fiscal 2018, sales and use tax collections, Texas’ largest source of state tax revenue, are up 10 percent from June of fiscal 2017. The Comptroller increased the sales tax revenue projection for fiscal 2018 by more than $1.2 billion.

Total tax collections through June, buoyed in part by oil and natural gas production tax collections exceeding last year’s totals by more than 50 percent, are up 11.8 percent compared to a year ago. Total GR-R collections are up 9.8 percent compared to last year.

Proposition 7, an amendment to the Texas Constitution approved by Texas voters in 2015, provides that the first $2.5 billion in sales tax collections exceeding $28 billion in any fiscal year be deposited to the State Highway Fund (SHF). Sales tax collections in fiscal 2018 are likely to exceed $30.5 billion, meaning that Hegar will allocate the full $2.5 billion to the SHF from fiscal 2018 collections.

The Economic Stabilization Fund (ESF; the state’s “Rainy Day Fund”) and the SHF both receive funding from oil and natural gas severance taxes. In November 2017, Hegar deposited $734 million in each of those funds. Hegar estimates a deposit of $1.37 billion in each fund in November 2018, up from the October CRE estimate of $777 million. The ESF will have a balance of $11.85 billion at the end of fiscal 2019, the largest ending balance in the fund’s history.

“Though nearly all current economic indicators remain positive and revenue collections have exceeded our previous expectations, there are significant risks to the forecast,” Hegar said. “A trade war, a withdrawal from the North American Free Trade Agreement or a significant downturn in the price of oil would reduce our potential economic growth. The current outlook, however, is for continued growth through fiscal 2019 for both the economy and state revenue.”

For more information, please visit the Comptroller’s website at http://bit.ly/2nqDnXB.

A Glimpse in the Life of a Texas County Judge

September 13, 2018 by County Progress

Every so often, County Progress asks our distinguished Judges and Commissioners to allow us a glimpse into their public lives, giving us a fresh appreciation for the myriad of roles and responsibilities they shoulder every day. Our thanks to Uvalde County Judge William R. Mitchell for taking the time to visit with us.

HISTORY:

My family moved to Uvalde County at the beginning of World War II because my dad, H.J. Mitchell, was assigned as a flight instructor at Garner Air Field in Uvalde by the Army Air Corps. After the war ended and the flight training field was closed, my parents, like so many other airmen that were stationed in Uvalde, chose to stay here.

By the time the war concluded, my dad’s parents had moved from the angora ranch country of Edwards County and also settled in Uvalde County. My family owned and operated a dry cleaners, an antique shop, and the Gulf Oil Distributorship, and ranched in both Uvalde and Real counties.

My mother, Hazel Powers, was from neighboring Real County where her dad, Ross Powers, served as the Real County district/county clerk as well as the Real County attorney.

It has been my personal pleasure to have been an elected office holder in this community for the past 44 years. I first served eight years as a member of the Uvalde City Council, then four years as Uvalde County justice of the peace, Precinct 1. I have served as Uvalde County Judge for the past 32 years. I am seeking re-election and will be on the November ballot.

After graduating from Uvalde High School in 1966, I attended Southwest Texas Junior College in Uvalde before transferring to East Texas State University. After two years at Commerce, I transferred to Southwest Texas State University where I earned a degree in journalism.

I am a veteran of the U.S. Army having served during the Vietnam era. My military service included assignments to an infantry company, an engineering company, and a military police company.

After discharging from the military, I returned to Uvalde and joined my family in business and in ranching. I also became active in real estate investments.

Being an advocate for and supporting our youth has always been a top priority for me. I enjoyed officiating high school football and basketball games for about 15 years. For the past 19

seasons, I have served as the public address announcer for all home football games played by the Uvalde Coyotes.

Since the 1800s, Uvalde County has been known as the honey capital of the world, and Uvalde Honey was awarded the grand prize at the 1900 Paris World’s Fair. My wife, Katie, is the current owner of Uvalde Honey, so when I’m not performing County Judge duties, I help her with packaging and delivery of honey.

TYPICAL DAY:

It is difficult for me to say there is such a thing as a “typical day.” Perhaps that is one of the reasons this job is so interesting and rewarding.

In this position, you can literally find yourself visiting with the president of the United States on one day, and the next day find yourself pulling a stranded motorist from a flooded vehicle.

So, when I get home in the evening and Katie asks about my day, it’s often a long and complex answer.

I usually arrive at the office about 6:30 each morning. It’s not unusual for constituents to be waiting to discuss their particular needs or wants. I have always operated with an open-door policy, ready to listen and respond to citizens and their concerns. In fact, I believe we can often serve our constituents best by listening more and talking less.

We work closely with all other government entities to better serve each and every citizen. The county will join with cities and school districts stressing to the taxpayers that working together makes us all stronger and better.

While we all have meetings and functions to attend daily, it is how we approach those meetings that makes them successful. Many times, the tone of a meeting can affect the meeting’s outcome. Those attending a meeting will frequently follow the leadership of the County Judge when it comes to behavior.

Because of our rural location, I spend many hours driving. With the improvement of technology, we are capable of conducting a tremendous amount of business while out of the office. I do believe current communication devices have been a blessing when it comes to conducting county business.

BIGGEST CHALLENGE:

Unfunded mandates as they apply to the county budget process has constantly been the biggest challenge for Uvalde County. This is perhaps the one issue that all 254 Texas County Judges can agree upon. It is an issue now, and it was an issue when I first took office in 1987. We have continued to stress to our legislators that unfunded mandates place an unfair burden on county government. Removal of unfunded mandates would make my job as the county budget officer so much easier.

Uvalde County has been fortunate in being able to consistently provide for our constituents. Much of that success can be attributed to the excellent group of elected officials and staff members who we have in our organization. Our support staff continues to work hard and recognize the importance of serving the public.

We are a strong advocate of working together. We make sure that local issues are totally understood among ourselves. The county coordinates with other entities such as the city, school districts, local colleges, the hospital authority, and the health clinic on major issues. Our collaboration allows us to make a united presentation to our elected officials in Austin and in Washington.

During the legislative session, our community is represented well as we walk the halls advocating for the good of our citizens.

IS IT WHAT YOU EXPECTED?

The roles and responsibilities of a Texas constitutional County Judge have changed during the past 30 years. What we were expected to do has been compounded. It is almost like the legislature says, “if we can’t find someone else to do it, let’s give the responsibility to the County Judge.” And guess what…we can do it.

We have seen more expectation on our emergency management operations, on our economic development efforts, and on our conservation efforts. The expectations are great. The challenges are real.

As our state and our county continue to change and grow, our expectations will continue to change and grow. We welcome the growth, and we welcome the change in expectations. That’s why we are here, willing and able to serve and to provide.

County business is serious business. We are one of the largest businesses in the county, and we have one of the largest budgets. We know who we work for, and we recognize each and every one of them has needs and wants. It is our goal to continue to serve each citizen in the best way we can.

FAVORITE PART OF BEING A COUNTY JUDGE:

That’s the easiest question of all. The answer is simply working for the citizens of Uvalde County. Each morning when I place the county lapel pin in my suit jacket, I realize the honor and responsibility that has been given to me by God and by the citizens of Uvalde County.

I cannot imagine living in any other place. Uvalde County is my home. It is where I want to be, and it is where I feel I can better serve God and my country. My favorite part of being County Judge is knowing that I have helped others in some way.

The days are long and at times challenging, but when a dad stops you in the grocery store and tells you “thanks for saving my son’s life,” all of a sudden you realize why you are where you are in life and you realize why you are a County Judge.

WORDS OF WISDOM:

It is important for all of us to remember who we work for and who we represent. Kindness and compassion go a long way. This is an important job, and we represent all of the people of our county – even those who may not have voted for us. Remember, strong leaders often find themselves listening more and talking less.

KEY CONCEPT: How do you amend the Texas Constitution?

October 1, 2013 by Christi Stark

KEY QUESTION:

How do you amend the Texas Constitution?

REFERENCE POINT:

Texas Constitution
ARTICLE 17. MODE OF AMENDING THE CONSTITUTION OF THIS STATE
Sec. 1. PROPOSED AMENDMENTS; PUBLICATION; SUBMISSION TO VOTERS; ADOPTION

TALKING POINTS:

The current Texas Constitution was adopted in 1876, and since that time Texas voters have approved 474 amendments. When Texans go to the polls on Nov. 5, 2013, they will consider nine proposed constitutional amendments (see page 17).
Amendments to the Texas Constitution come in the form of joint resolutions instead of bills. These joint resolutions originate in either the House of Representatives or the Senate.
Amendments may be proposed in regular sessions of the Texas Legislature or in special sessions.
The amendments require a vote of two-thirds of the entire membership in each house for adoption.
Joint resolutions are not sent to the governor for approval, but are filed directly with the secretary of state.
A joint resolution proposing an amendment to the Texas Constitution does not become effective until it is approved by Texas voters in a general election.
The Legislature may call an election for consideration of proposed constitutional amendments on any date, as long as election authorities have enough time to provide notice to the voters and print the ballots. Most proposals have been submitted at the November general election held in odd-numbered years.
The secretary of state conducts a random drawing to assign each proposition a ballot number if more than one proposition is being considered.
Article 17, Sec. 1 of the Texas Constitution requires that a brief explanatory statement of the nature of each proposed amendment, along with the ballot wording for each, be published twice in each newspaper in the state that prints official notices. The first notice must be published 50 to 60 days before the election. The second notice must be published on the same day of the following week. Also, the secretary of state must send a complete copy of each amendment to each county clerk, who must post it in the courthouse at least 30 days before the election.
The secretary of state prepares the explanatory statement, which must be approved by the attorney general, and arranges for the required newspaper publication.
If voters reject an amendment proposal, the Legislature may resubmit the amendment proposal.
Some constitutional amendments enact themselves and do not require additional legislation. Other amendments grant discretionary authority to the Legislature to enact legislation in a particular area or within certain guidelines. These amendments require “enabling” legislation to fill in the details of how the amendment would operate. The Legislature often adopts enabling legislation in advance, making the effective date of the legislation contingent on voter approval of a particular amendment. If voters reject the amendment, the legislation dependent on the constitutional change does not take effect.
Constitutional amendments take effect when the official vote canvass confirms statewide majority approval, unless a later date is specified. Statewide election results are tabulated by the secretary of state and must be canvassed by the governor 15 to 30 days following the election. H

Welcome to Grassroots Government

County ‘Resolutions’ Depict Depth, Breadth of Responsibilities

A Glimpse in the Life of a Texas County Judge

KEY CONCEPT: How do you amend the Texas Constitution?

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