Lawmakers to Convene Jan. 11 – May 30
The County Judges and Commissioners Association of Texas (CJCAT) has always approached legislative sessions with resolve. This time around, that resolve will be bolstered by momentum.
Since the last regular session of the Texas Legislature, 253 counties have adopted resolutions opposing unfunded mandates.
“I think we will be going into this legislative session with better momentum and more opportunity to pass a constitutional amendment than we’ve ever seen before,” said CJCAT general counsel Jim Allison. “The only effective way to avoid unfunded mandates is to put it in the constitution,” Allison told officials at a prelegislative conference in August 2004. “It’s not a commissioners court problem – it’s a county problem.”
During the 78th Session a proposed constitutional amendment to restrict state mandates upon counties was introduced in the form of H.J.R. 91 by former Rep. Glenn Lewis, D-Fort Worth. While the amendment was reported favorably from the House Committee on County Affairs, it did not reach the full House of Representatives.
During the interim, the CJCAT partnered with affiliate associations to garner support for another amendment to be introduced during the 79th Session.
Even more momentum was generated during the interim when Gov. Rick Perry proposed county revenue caps and appraisal caps as a component of his school finance plan. The CJCAT leadership encouraged officials via correspondence and lectures at regional and state conferences to unite in opposition to these caps, which would restrict the ability of counties to respond to local needs and priorities, especially without meaningful protection from unfunded mandates.
Counties and support organizations across the state, including the CJCAT, passed resolutions opposing the caps, and major newspapers in the Lone Star State editorialized against the governor’s proposal.
This momentum will no doubt carry over into the new session.
“It appears that Gov. Perry will certify the appraisal caps and county revenue caps as emergency issues, eligible for consideration in the first 60 days,” Allison said in the weeks leading up to the session. “We will aggressively oppose these issues while seeking opportunities to address other matters like the unfunded mandate constitutional amendment.”
Along with emergency issues, lawmakers will be asked to consider thousands of pieces of legislation. During the 78th Session, 5,754 bills were introduced, and 1,403 were passed.
Throughout the 79th Session, the CJCAT will closely monitor all proceedings to champion and protect county government. Officers and members of the CJCAT will accompany Allison in Austin during the session to provide needed testimony and present a united front.
“When called upon, every county official should be in contact with his or her senator or representative to voice concerns and come forward to speak for the good of county government,” said CJCAT First Vice President Gilbert Pargmann, DeWitt County commissioner.
Pargmann called upon new officials to become quickly educated on the issues, to stay informed, and “to become a part of the process.”
For up-to-date information on legislative progress and positions, judges and commissioners should monitor the Association Web site, www.cjcat.org. For more immediate updates, officials should submit their e-mail addresses to cjca@allison-bass.com.
Legislative Updates
Monday, Nov. 8, 2004
Prefiling of legislation for the 79th Legislature begins.
[House Rule 8, Sec. 7, and Senate Rule 7.04(a)]
Tuesday, Jan. 11, 2005 (1st day)
79th Legislature convenes at noon.
[Government Code, Sec. 301.001]
Friday, March 11, 2005 (60th day)
Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor.
[Sec. 5(b), Art. III, Texas Constitution; House Rule 8, Sec. 8; Senate Rule 7.07(b)]
Monday, May 30, 2005 (140th day)
Last day of 79th Regular Session.
[Sec. 24(b), Art. III, Texas Constitution]
Sunday, June 19, 2005 (20th day following final adjournment)
Last day governor can sign or veto bills passed during the previous legislative session.
[Sec. 14, Art. IV, Texas Constitution]
Monday, Aug. 29, 2005 (91st day following final adjournment)
Date that bills without specific effective dates (that could not be effective immediately) become law.
[Sec. 39, Art. III, Texas Constitution]
Prefiled Legislation
As of press time, the following county-related bills had been filed. To check the status of a bill, log on to http://www.capitol.state.tx.us/tlo/legislation/bill_status.htm.
HB 41 Author: Eissler
Last Action: 11/08/2004 H Filed
Relating to the authority of the Montgomery County Hospital District to
issue certain bonds or incur or assume other debt.
HB 47 Author: Keel
Last Action: 11/08/2004 H Filed
Relating to imposing a civil penalty on a county that fails to make
available to the public certain information with respect to an arrest or
search warrant.
HB 58 Author: Hughes
Last Action: 11/08/2004 H Filed
Relating to the jurisdiction of the statutory county court of Harrison
County over truancy cases.
HB 97 Author: West, George “Buddy”
Last Action: 11/10/2004 H Filed
Relating to the Ector County Hospital District.
HB 132 Author: Hilderbran
Last Action: 11/16/2004 H Filed
Relating to the rate of the county health services sales and use
tax.
HB 147 Author: Casteel
Last Action: 11/17/2004 H Filed
Relating to the composition of the Comal County Juvenile Board.
HB 192 Author: Eissler
Last Action: 12/06/2004 H Filed
Relating to the determination of the validity of certain Montgomery
County Hospital District election petitions.
SB 57 Author: Nelson
Last Action: 11/08/2004 S Filed
Relating to county regulation of billboards.
SJR9 Author: Shapleigh
Last Action: 11/19/2004 S Filed
Proposing a constitutional amendment to create a consolidated El
Paso Metro Government by consolidating El Paso County and the city
of El Paso.
Julie Anderson, Editor