The following resolutions were passed by the West Texas County Judges and Commissioners Association, representing 118 counties in the state of Texas, on March 22, 2007, during the Association’s annual conference.
Thanks to the Host Court
WHEREAS, the annual conference of the West Texas County Judges and Commissioners Association was held in Kerrville, Texas, March 20-23, 2007; and
WHEREAS, the Honorable Commissioners Court of Kerr 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 has wholehearted thanks and deep appreciation to the Honorable Commissioners Court of Kerr County, the Y.O. Resort and Conference Center, sponsors, contributors and exhibitors for their courteous and warm hospitality extended to each of us.
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 held in Kerrville, Texas, March 20-23, 2007; 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 & Associates, L.L.P.; the Texas Association of Counties and interim Director Karen Norris; the Texas Association of Regional Councils and Director Penny Redington; the V.G. Young Institute of County Government, a part of Texas Cooperative Extension, Director Richard O. Avery, and Extension Program Specialist Stacy Morris; the Texas Cooperative Extension agents’ professional associations; County Progress magazine; 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.
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 Wise County Commissioner Farley Bridges
Former Moore County Commissioner George Brown
Former Borden County Commissioner Dee Burrows
Former Potter County Commissioner J. Pat Cunningham
Former Mason County Commissioner Mason Dobbs
Former Archer County Commissioner Bennie Fichte
Former Terrell County Judge Dudley Harrison
Former Hartley County Commissioner Bob Hunnicutt
Former King County Commissioner Darwin Marshall
Former Swisher County Commissioner F.L. McGavitt
Former Upton County Commissioner Morris E. “Mac” McKenzie
Former Armstrong County Commissioner Gladys Posey
Former Ward County Commissioner Lenora Price
Former Tarrant County Judge Doug Ribert
Former El Paso County Commissioner Rogelio Sanchez
Former Hutchison County Commissioner W.D. “Bill” Shipley
Cottle County Commissioner Gus Timmons
Former Donley County Commissioner Gene White
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.
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 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 members 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, including 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.
Indigent Health Care
WHEREAS, legislation has been proposed regarding the Texas system of indigent health care; and
WHEREAS, some previous bills have proposed 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 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.
Federal Funding for Indigent Health Care
WHEREAS, Texas has relied upon hospital districts, counties, and public and non-profit hospitals to provide health care to our indigent citizens; and
WHEREAS, the state of Texas has failed to fully access federal Medicaid funds; and
WHEREAS, this failure of the state of Texas has forced local taxpayers to assume this burden through property taxes; and
WHEREAS, these federal funds are being fully utilized by other states;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the state of Texas expand its Medicaid program to obtain federal matching funds for indigent health care and relieve the property taxpayer of this unfair burden.
Opposition to Appraisal Caps and Revenue Caps
WHEREAS, in Regular Session the Texas Legislature is expected to consider proposals for revenue caps on counties and lower appraisal caps; 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, 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
WHEREAS, appraisal caps or revenue caps will not necessarily result in a reduction of property taxes but will result in severe impacts 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;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby express its opposition to efforts to limit local control and does hereby oppose any attempts to impose revenue caps or appraisal caps upon Texas counties.
Indigent Criminal Defense
WHEREAS, indigent criminal defense legislation has required additional county taxpayer expense to provide indigent criminal defense services; and
WHEREAS, indigent criminal defense legislation has added administrative duties and reporting requirements to county offices; and
WHEREAS, the present appropriation is insufficient to reimburse the county for these mandated costs, with 65 percent of the costs being imposed on county taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the provisions of indigent criminal defense legislation be revised to simplify the administrative and reporting requirements and improve the efficiency of the indigent criminal defense program, and that formal criminal proceedings be initiated within 30 days in all criminal cases; and
BE IT FURTHER RESOLVED , that the Legislature appropriate sufficient funds to compensate counties for the full cost of implementing the indigent criminal defense program and submit the program to full Sunset Review in 2008.
Mandatory Attorney Fees in Child Protective Services Cases
WHEREAS, the 79th Legislature’s Senate Bill 6 was amended in Conference Committee to mandate that counties provide attorneys to represent indigent parents in all Child Protective Services cases; and
WHEREAS, this unfunded mandate was added to this legislation without any notice or public hearing; and
WHEREAS, this legislation provided no funding for these additional services; and
WHEREAS, this mandate has been imposed upon county property taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that mandatory representation in Child Protective Services cases be repealed unless fully funded by the state of Texas.
Local Option Development Authority
WHEREAS, Texas counties have very limited authority to implement a county development plan; and
WHEREAS, this lack of authority has caused inefficient and inequitable distribution of the transportation and infrastructure costs of new development;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that counties be granted local option authority to adopt county development plans and impose reasonable impact fees to fairly distribute the infrastructure costs for new development.
County Fees and Fines
WHEREAS, county fees and fines are a traditional source of funding for the support of local law enforcement, county detention facilities, and the court system; and
WHEREAS, counties have no other available sources of revenue except the over-burdened property tax; and
WHEREAS, the state of Texas has invaded these traditional county revenue sources by creating additional fees to be collected at the county level and forwarded to the state comptroller for state purposes;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that all fines and fees collected at the county level be retained by the county for local budget needs; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the West Texas County Judges and Commissioners Association requests that an interim study be conducted to determine if the current fines and fees are adequate to fund their original purposes.
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, Texas is expected to have a 75 million population at build-out; 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 Legislature granting additional powers to municipal utility districts and special utility districts.
Filing Deadline Conflict
WHEREAS, the current Election Code provisions result in filing date deadlines that occur on national and state holidays; and
WHEREAS, this results in considerable confusion and inconvenience to the public, candidates and filing officials;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the state Legislature amend the Election Code to prevent filing deadlines that coincide with national or state holidays.
State Hospital System
WHEREAS, Texas counties are required to provide inpatient psychiatric services to meet the needs of the citizens of Texas; and
WHEREAS, the state hospital system has not been able to service court-ordered confinement and voluntary commitment to these fragile individuals needing care for their mental illnesses because rooms formerly used by patients are now dormant or being used for criminal inmates; and
WHEREAS, the state hospital system is frequently on diversionary status requiring law enforcement and families to transport individuals and loved ones to hospitals far from their home community for care; and
WHEREAS, there has been a substantial decrease in the number of private psychiatric inpatient care facilities in Texas leaving the responsibility of this level of care to the state hospital system;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association requests that the Texas Legislature increase the capacity in the state hospital system to adequately meet the needs of the citizens of Texas.
Waste Tire Disposal Fee
WHEREAS, the state of Texas requires the collection of a waste tire disposal fee on all scrap tires left with a tire retailer; and
WHEREAS, the state of Texas does not utilize this fee for the recycling or disposal of waste tires; and
WHEREAS, the state of Texas terminated its waste tire recycling program in 1997; and
WHEREAS, the continued collection of this fee provides incentive to consumers to improperly dispose of scrap tires; and
WHEREAS, many of these scrap tires are being deposited in county road drainage ditches and other environmentally unsafe locations; and
WHEREAS, the cost of removing these scrap tires is being unfairly placed upon local taxpayers;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the state of Texas institute a program for the proper mandatory recycling or disposal of scrap tires and provide sufficient funding to operate the program.
State Driving License Fees
WHEREAS, the state of Texas has attempted to meet its budget needs by assessing additional fees on driving licenses for certain criminal violations; and
WHEREAS, this program has not produced the estimated revenue for the state; and
WHEREAS, this program has caused a tremendous increase in status offenses, such as driving while license suspended, driving while license invalid, and driving without insurance; and
WHEREAS, this program has resulted in additional pressure on the courts and the county jail; and
WHEREAS, this program is not beneficial to the citizens of Texas;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association does hereby request that the state Legislature abolish the additional driving license fees being assessed for certain criminal violations.
Support of House Bill 2227 Relating to Emergency Appropriations for Costs Associated with the Constitutional Amendment Election
WHEREAS, House Bill 2227 has been introduced in the Texas House of Representatives relating to emergency appropriations for costs associated with the special constitutional amendment election to be conducted in May 2007; and
WHEREAS, the cost of conducting this special election will be a burden to counties;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association supports House Bill 2227 which seeks to provide reimbursement to counties for expenses associated with the May 2007 special constitutional amendment election.
Support of the Designation of Appropriate Regions as Competitive Renewable Energy Zones and Support of Transmission Lines Needed to Deliver West Texas-Generated Wind Energy to Appropriate Markets in More Populated Regions in Texas
WHEREAS, the Texas Legislature adopted Senate Bill 20 in 2005 establishing a target of 10,000 megawatts of new renewable energy resources to be developed in Texas and directed the Public Utilities Commission to designate Competitive Renewable Energy Zones in areas throughout the state; and
WHEREAS, the West Texas region is blessed with a utility-grade wind regime verified by data compiled by the Alternative Energy Institute of West Texas A&M University, the National Renewable Energy Laboratory, and other reputable and objective scientific entities; and
WHEREAS, the West Texas region is blessed with the greatest quality of commercially viable wind resources in Texas; and
WHEREAS, wind power contributes to energy independence, an improvement in air quality, and the preservation of water resources; and
WHEREAS, wind power facilities provide significant tax dollars to school districts, counties and other local taxing entities; and
WHEREAS, the opportunities for establishing 21st Century industries in rural areas are extremely rare; and
WHEREAS, the citizens of the West Texas region support wind power as an industry which is compatible to this region for economic development;
NOW, THEREFORE, BE IT RESOLVED , that the West Texas County Judges and Commissioners Association supports the designation of Competitive Renewable Energy Zones in the West Texas region by the Public Utilities Commission of Texas; and,
BE IT FURTHER RESOLVED , that the West Texas County Judges and Commissioners Association supports the planning and building of transmission lines in the Panhandle which allow for the export of clean and renewable wind energy into the more populated regions of Texas.
Limitations on the Compensation for County Auditors
WHEREAS, county auditors are appointed in the state of Texas by state district judges in accordance with Chapter 84 of the Local Government Code; and
WHEREAS, a county auditor’s compensation and allowances are set by the state district judges in accordance with Chapter 152.031(a) of the Local Government Code; and
WHEREAS, according to this chapter, the amount of compensation and allowance of a county auditor generally may not exceed the amount of the compensation and allowances received from all sources by the highest paid elected county officer, other than a judge of a statutory county court, whose salary and allowances are set by the commissioners court; and
WHEREAS, the Local Government Code Chapter 152.032(d) states that a county with a population of 500,000 or more allows the amount of compensation and allowances of a county auditor to be set in an amount that exceeds the limit in Subsection (a) if the compensation and allowances are approved by the commissioners court of the county; and
WHEREAS, the auditors in many West Texas counties work closely with the commissioners court to maintain the financial integrity of the county;
NOW, THEREFORE, BE IT RESOLVED , that the West Texas County Judges and Commissioners Association does hereby support legislation amending Local Government Code Chapter 152.032 to specifically allow a county with a population of 120,000 or more to also set the compensation and allowances of the county auditor in an amount that exceeds the limit established in Subsection (a) if the compensation and allowances are approved by the commissioners court.
County Local Option Sales Tax
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 to reduce property taxes;
NOW, THEREFORE, BE IT RESOLVED , by the West Texas County Judges and Commissioners Association that the Legislature should amend the tax statute to allow the adoption of a county local option sales tax for the reduction of property taxes.
In Memory of Sam D. Seale
WHEREAS, Sam D. Seale passed away on February 7, 2007; and
WHEREAS, Sam Seale was truly our county leader for many years; and
WHEREAS, Sam Seale performed outstanding public service in many capacities, including County Judge of Jackson County, President of the South Texas County Judges and Commissioners Association, President of the County Judges and Commissioners Association of Texas, and Executive Director of the Texas Association of Counties; and
WHEREAS, the values and character of Judge Seale will continue to provide inspiration and guidance to all county officials;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association hereby expresses its deepest condolences to Sam’s beloved wife, Sylvia, and the Seale family, and that we dedicate this conference in honor of our friend Sam Seale.