The following resolutions were passed by the West Texas County Judges and Commissioners Association, representing 118 counties in the state of Texas, on March 24, 2005, during the Association’s annual conference.
No. 1: Thanks to the Host Court
WHEREAS, the 76th annual conference of the West Texas County Judges and Commissioners Association was held in Odessa, Texas, March 22-25, 2005; and
WHEREAS, the Honorable Commissioners Court of Ector 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 Ector County, the MCM Grande, sponsors, contributors and exhibitors for their courteous and warm hospitality extended to each of us.
No. 2: Thanks to State and Local Associations and Friends of County Government
WHEREAS, the 76th annual conference of the West Texas County Judges and Commissioners Association was held in Odessa, Texas, March 22-25, 2005; and
WHEREAS, the members of the West Texas County Judges and Commissioners Association wish to acknowledge the expertise of, and thank the staff of, the Texas Association of Counties and Executive Director Sam Seale; the staff of the Texas Association of Regional Councils and Director Jim Ray; Mr. James Allison of Allison, Bass & Associates; Mr. Richard O. Avery and Ms. Stacy Hoefling of the V.G. Young Institute of County Government, Texas Cooperative Extension; the Texas Cooperative Extension agents’ professional associations; County Progress magazine; and the many other state and local associations, concerns 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.
No. 3: Memorial to Deceased Officials and 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 Moore County Commissioner M.O. Jack Bain
Former Texas Association of Counties Executive Director Buck Douglas
Former Roberts County Commissioner Willis N. Clark
Former Collingsworth County Judge Jim “Tank” Forrester
Former Gray County Commissioner Jim Green
Former Wichita County Commissioner H.C. “Bud” Greer
Former Callahan County Commissioner Charlie Grider
Former Roberts County Commissioner Clyde “Bud” Hodges
Former Llano County Commissioner Bill Kinney
Former Irion County Commissioner Jeff McCutchen
Former Ward County Commissioner James Harold Raglin
Former Cochran County Commissioner H.H. “Hobbs” Rosson
Former Swisher County Commissioner Billy Settle
Former Kerr County Commissioner Bill Stacey
Former Brewster County Judge Sam Dee Thomas
Former Stephens County Judge Miller Tuttle
Former Ector County Judge Gary Watkins
Former Winkler County Commissioner James Winn
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.
No. 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 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.
No. 5. Indigent Health Care
WHEREAS, legislation has been proposed regarding the Texas system of indigent health care; and
WHEREAS, some 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.
No. 6. Opposition to Appraisals Caps and Revenue Caps
WHEREAS, the Texas Legislature has begun its 79th Regular Session and is expected to address the method by which public education is funded; and
WHEREAS, the state of Texas has during the past decade retreated from its historic level of funding for public education, thereby requiring local school districts to increase property taxes to fund education; 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, Texas homeowners and businesses need meaningful property tax relief, and
WHEREAS, the governor’s proposal to lower the existing cap from 10 percent to 3 percent on all property appraisals is not a true solution to the school property tax problem; and
WHEREAS, appraisal caps or revenue caps would diminish local control and tie the hands of county officials and limit their ability 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, reducing 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 urge the 79th Legislature to reduce the school property tax burden by again assuming the state’s historic share of support for public education.
No. 7: Indigent Criminal Defense
WHEREAS, Senate Bill 7 has required additional county taxpayer expense to provide indigent criminal defense services; and
WHEREAS, Senate Bill 7 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 Senate Bill 7 be revised to simplify the administrative and reporting requirements and improve the efficiency of the indigent criminal defense program; 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 or repeal Senate Bill 7.
No. 8. Request to Postpone HAVA Requirements
WHEREAS, the Help America Vote Act was adopted by the U.S. Congress to encourage greater voter participation and more accurate election results; and
WHEREAS, the U.S. Congress has failed to appropriate sufficient funds to cover the cost of purchasing, programming, operating and maintaining the required handicap-accessible voting machines; and
WHEREAS, without sufficient funding, the requirements of HAVA will constitute an unfunded mandate and force an increase in county property taxes;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association urges the U.S. Congress to delay the mandatory provisions of HAVA until sufficient funding is provided.
No. 9: Support of our President and Troops in War on Terrorism
WHEREAS, our nation is presently embroiled in a war on terrorism; and
WHEREAS, the security of our nation and our freedom is at risk;
NOW, THEREFORE, BE IT RESOLVED that the West Texas County Judges and Commissioners Association wholeheartedly supports our president and our troops in the war on terrorism.