ORDER NO. 29728
REQUEST TEXAS COMPTROLLER TO ALLOCATE A PORTION OF
UNCLAIMED CAPITAL CREDITS RECEIVED FROM ELECTRIC
COOPERATIVES WITHIN KERR COUNTY COOPERATIVE SERVICE
AREA
Came to be heard this the 12th day of June, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 4-0-0 to:
Approve the request to the Texas Comptroller to allocate a portion of
unclaimed capital credits received from electric cooperatives within Kerr
County cooperative service area, and authorize the County Judge to contact
the Comptroller's office and request for our portion of electric co-ops
considered capital credits.
a~~a~
~~ ~ ~ COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Pat Tinley OFFICE: County Judg~
MEETING DATE: June 12, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to request the Texas
Comptroller to allocate a portion of unclaimed capital credits received from electric
cooperatives within the Kerr County cooperative service area and authorize County Judge
to request for same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the CounTy Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
z _
O~P~E OFT
I ~
I s
~ .r"
Co~n1y o1 Kx j
COUNTY JUOOE
PAT TINLCY
COMMISSIONERS COURT
H.A. "BUS$R° BALDW W, Pcr. 1
WILLIAM °BILL° WILLIAMS, PCL }.
JONATHAN LET2. PCT. S
DAVE Nlcxolson, Pcr. A
June 12, 2006
THE COUNTY COURT
of
KERRCOUNTY,TEXAS
7OO M/,IN RLHRVILLL, TI!%AS ]BOTH
Tn_ (830)792-2211
Fns: (810)792-2218
E-Mnn kertcocc 2ktc com
Texas Comptroller of Public Accounts
P.O. Box 13528
Austin, Texas 78711-3528
Re: Request for unclaimed Capital Credits received from Electric Cooperatives
Pursuant to Section 74.602 of the Texas Property Code.
Gentlemen:
CLERx
JANRETT PIEPER
COURT COORDIrvAT
KwtxY MlTCxel
Pursuant to the revisions of Section 74.602 of the Texas Property Code, Kerr County
herewith submits a request that the Texas Comptroller allocate and remit to Kerr
County a portion of the unclaimed capital credits received from electrical cooperatives
within the Kerr County cooperative service area.
The complete name, address and federal tax identification number of the Kerr County
Commissioners' Court is as follows:
Kerr County Commissioners' Court
700 Main Street
Kerrville, Texas 78028
Federal Tax Identification Number: 74-6001494
Kerr County, as the requestor of such funds, herewith certifies that the purpose and
use of the funds to be received pursuant to this request is and will be in compliance
with the provisions of Section 381.004 of the Texas Local Government Code.
Yours very truly,
..__~
Pat Tinley, County Judge
cc: Commissioners
~.~KE COn~l.
y° '~ TEXAS COMPTROLLER OF PUBLIC ACCOUNTS
o ~ P.O. BOX 13528
~ >'exAS " AUSTIN, TX 78711-3528
CAROIE KEETON STRAVHORN
Texas Comptroller
May 24, 2006
The Honorable Pat Tinley
County Judge
Kerr County
700 Main Street, Suite 101
Kerrville, Texas 78028-5327
Dear Judge Tinley
As you may know, Section 74.602 of the Texas Property Code authorizes the Comptroller to allocate a portion
of the unclaimed capital credits received from electric cooperatives back to counties in the cooperatives service
area. The Code further provides that the money may only be used to fund an appropriate program under Section
381.004 of the Local Government Code (see enclosed).
The Commissioners' Court is the primary governing body and ultimate decision-making authority regazding the
legitimacy of requests for funds under this provision. The amount available to each county will be based on
total capital credits remitted this reporting year, less anticipated claims as determined by the Comptroller.
If your office anticipates submitting a request for these funds, please refer to the following guidelines:
]. Requests aze to be submitted by the Commissioners' Court, in writing, to the Texas Comptroller of
Public Accounts only during June and July of each year.
2. The requests must include the complete name, address, and federal tax identification number of the
Commissioners' Court. Funds will be paid directly to the Court.
3. All requests must include certification that the purpose of the funds is in compliance with the
provisions of Section 381.004 of [he Texas Local Government Code.
Please mail your request to: Texas Comptroller of Public Accounts
Unclaimed Property Holder Reporting
Past Office Box 12019
Austin, Texas 78711-2019
If you have any questions concerning these procedures, please contact Alice Sanchez by a-mail at
alice.sanchez@cpa.state.tx.us or by phone at 1-800-321-2274, extension 3-1072.
Sincere
s~--==.~~.le.J
Kay Tuggle, Supervisor
Holder Reporting Section
Unclaimed Property Division
Enclosure
c: Alice Sanchez
Page 3 of 4
court enters into a contract with a local workforce development
board for the provision of services authorized by Chapter 2308,
Government Code. The commissioners court may collect fees for the
services performed and for unreimbursed costs associated with the
provision of the services unless:
(1) state law prohibits the collection of the fee or
unreimbursed cost; or
(2) the service provided is a service described by
Subsections (a) and (b), 29 U.S.C. Section 49f.
(d) This section does not authorize a commissioners court to
exercise any ordinance-making authority not otherwise specifically
granted by state law.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1991, 72nd Leg., ch. 140, § 1, eff. Aug. 26, 1991; Acts
1997, 75th Leg., ch. 826, § 3, eff. June i8, i997.
§ 381.004. COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS IN
CERTAIN COUNTIES. (a) In this section:
(1) "Another entity" includes the federal government,
the State of Texas, a municipality, school or other special
district, finance corporation, institution of higher education,
charitable or nonprofit organization, foundation, board, council,
commission, or any other person.
(2) "Minority" includes blacks, Hispanics, Asian
Americans, American Indians, and Alaska natives.
(3) "Minority business" means a business concern, more
than 50 percent of which is owned and controlled in management and
daily operations by members of one or more minorities.
(4) "Women-owned business" means a business concern,
more than 50 percent of which is owned and controlled in management
and daily operations by one or more women.
(b) To stimulate business and commercial activity in a
county, the commissioners court of the county may develop and
administer a program:
(1) for state or local economic development;
(2) for small or disadvantaged business development;
(3) to stimulate, encourage, and develop business
location and commercial activity in the county;
(4) to promote or advertise the county and its
vicinity or conduct a solicitation program to attract conventions,
visitors, and businesses;
(5) to improve the extent to which women and minority
businesses are awarded county contracts;
(6) to support comprehensive literacy programs for the
benefit of county residents; or
(7) for the encouragement, promotion, improvement,
and application of the arts.
(c) The commissioners court may:
http://www.capitol.state.tx.us/statutes/docs/LG/content/htm/Ig.012.00.000381.00.htm 5/23/2006
Page 4 of 4
(1) contract with another entity for the
administration of the program;
(2) authorize the program to be administered on the
basis of county commissioner precincts;
(3) use county employees or funds for the program; and
(4) accept contributions, gifts, or other resources to
develop and administer the program.
(d) A program established under this section may be designed
to reasonably increase participation by minority and women-owned
businesses in public contract awards by the county by establishing
a contract percentage goal for those businesses.
(e) The legislature may appropriate unclaimed money the
comptroller receives under Chapter 74, Property Code, for a county
to use in carrying out a program established under this section. To
receive money for that purpose for any fiscal year, the county must
request the money for that fiscal year. The amount a county may
receive under this subsection for a fiscal year may not exceed an
amount equal to the value of the capital credits the comptroller
receives from an electric cooperative corporation on behalf of the
corporation's members in the county requesting the money less an
amount sufficient to pay anticipated expenses and claims. The
comptroller shall transfer money in response to a request after
deducting the amount the comptroller determines to be sufficient to
pay anticipated expenses and claims.
(f) The commissioners court of a county may support a
children's advocacy center that provides services to abused
children.
(g) The commissioners court may develop and administer a
program authorized by Subsection (b) for entering into a tax
abatement agreement with an owner or lessee of a property interest
subject to ad valorem taxation. The execution, duration, and other
terms of the agreement are governed, to the extent practicable, by
the provisions of Sections 312.204, 312.205, and 312.211, Tax Code,
as if the commissioners court were a governing body of a
municipality.
(h) The ecemnissioners court may develop and administer a
program authorized by Subsection (b) for making loans and grants of
public money and providing personnel and services of the county.
Added by Acts 1989, 71st Leg., ch. 1060, § 3, eff. Aug. 28, 1989.
Amended by Acts 1997, 75th Leg., ch. 1037, § 3, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 254, § 1, eff. May 22, 2001;
Acts 2001, 77th Leg., ch. 1154, § 1, eff. June 15, 2001; Acts
2003, 78th Leg., ch. 1275, § 2(109), eff. Sept. 1, 2003.
http://www.capitol.state.tx.us/statutes/docs/LG/content/htm/1g.012.00.000381.00.htm 5/23/2006