ORDER NO. 30018
RESOLUTION OPPOSING STATE LEGISLATION IMPOSING
REVENUE AND APPRAISAL CAPS
Came to be heard this the 13th day of November, 2006, with a motion made
by Commissioner Williams, seconded by Commissioner Baldwin. The
Court unanimously approved by vote of 4-0-0 to:
Adopt Resolution opposing State Legislation that would impose revenue and
appraisal caps and/or unfunded mandates on Texas Counties and Cities.
f~~ ~~~/ ~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST
AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Commissioner Williams OFFICE: Precinct 2
MEETING DATE: November 13, 2006 TIME PREFERRED:
SUBJECT: (Please be specific).Consider, discuss and take appropriate action to adopt a
Resolution opposing State Legislation that would impose revenue and appraisal caps
and/or unfunded mandates on Texas Counties and Cities.
EXECUTIVE SESSION REQUESTED:
NAME OF PERSON(S) ADDRESSING THE COURT: Commissioners Williams.
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
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's fom~al consideration and action at time of Court
meetings. Your cooperation is appreciated and contributes towazd your request being addressed
at the eazliest opportunity. See Agenda Request Rule adopted by Commissioners Court.
ITEM 6.D.1-2
2007 AACOG LEGISLATIVE PRIORITIES
- Oppose legislation that provides for revenue and appraisal caps and for the
restructuring of local appraisal districts.
- Oppose legislation of any state mandate that does not provide adequate funding to local
governments for implementation.
- Support legislation that provides Counties through a local option the authority to enact
ordinances and codes to regulate growth and land development in unincorporated areas
and oppose any legislation that reduces the authority of Cities to govern their own areas
of jurisdiction.
- Support full funding of the Texas Emissions Reduction Plan (TERP) and TCEQ's
Legislative Appropriations Request (LAR) that allows for air quality planning activities
to reduce ozone in the neaz non attainment and eazly action compact areas of the state.
2007 AACOG LEGISLATIVE POSITIONS
Support restoration of the State Planning Assistance Grant through the Office of the
Governor and if not fully funded remove any state mandates.
Support legislation that creates a statewide mutual aid system to allow a planned
deployment of assets throughout the State in response to natural disasters or other
hazardous conditions that aze declazed a state of emergency.
Support legislation that provides for the most effective administration of the CDBG and
rural health grant programs and that provides for the continuing role of the COGS in the
local administration of those grants. Monitor sunset legislation related to the Office of
Rural Community Affairs (ORCA).
:• Support full funding for the criminal justice planning grants (Section 421) to the Office
of the Governor and authority to carry forward funds within the biennium by grantees.
:• Support full funding of tipping fees for Municipal Solid Waste Planning grants through
TCEQ.
•> Monitor legislation related to the role of the rural planning organizations (RPOs) in
transportation planning and land use coordination.
:• Monitor legislation related to any consolidation efforts and/or delivery of health and
social services.
:• Monitor legislation related to any consolidation efforts and/or delivery of mental health
and mental retardation services.
#30018
RESOLUTION
WHEREAS Since the 2000 U. S. Census, the population of the Texas
Hill Country in particular and South Texas in general
has continued to grow at a steady rate; and
WHEREAS this growth presents extraordinary challenges to Texas Counties as
they strive to provide needed services to constituents, and
WHEREAS Texas Counties have always shown a strong commitment to meet
these challenges in a responsible and accountable manner; and
WHEREAS to continue to be effective in meeting their local responsibilities,
Counties must have the ability to raise the necessary funding as
provide by law; and
WHEREAS the imposition of Revenue and Appraisal Caps would seriously
impair Texas Counties ability to adequately address local needs as
does the continued imposition of State Unfunded Mandates; now
therefore be it
RESOLVED that the Kerr County Commissioners' Court does hereby oppose
any new State Legislation that would impose any type of revenue
caps or reduce the current Appraisal growth cap; and be it further
RESOLVED that Kerr County stands with sister counties in stating our
continued opposition to State Unfunded Mandates, and urges the
State Legislature to take the necessary measures to end this
practice; and be it further
RESOLVED that copies of this Resolution be forwarded to State Senator Troy
Fraser and State Representative Harvey Hilderbran.
ADOPTED THIS 13TH Day of November, 2006
~~-T--e~
it ~~ ~ /~Jy~Z~.~(//y~~-~Pa~~ ~m~ ly ~, County Ju a ~,
~W~i'.r ~i ~C/~IItiIMVI/ ~ T 1 ~
H. A. "Buster" Baldwin, Commissioner illiam H. Williams, Commissioner
Precinct 1
Jonathan L ommissioner
Precinct 3
Pre 'nct 2
o~
G~~
Dave Nicholson, Commissioner
Precinct 4
~-^ General Counsel
--L'Il~ ~ ~ l ~C~'"l~H 1 Z ~ (continued J'romPa$e 6)
S. What do counties provide with
our taxes?
Over50 percent of the county budg
is used for jails and law enforceme:
Over 65 percent ofthe county budg
is used for state-required service
The largest local option expenditu
is for roads and transportation.
6. How much of the county
budget is funded by property
faxes?
Approximately 78 percent, wii
fines and fees providing most c
General CounsePs Repa-rt ~ remainder The state of Tex:
requires many services, but provide
no funding.
Questions & Answers
on Appraisals and
Property Taxes
I recently participated in a panel discussion on
property appraisals and taxes at the Texas Farm Bateau
Legislative Conference. Other panelists represented
the Governor's Commission on Appraisal Reform and
a taxpayer association. Since my time was limited, I
prepared the following information for the participants.
L If property is appraised at a higher value, do the properly taxes
automatically increase?
No.To collect more taxes, the political subdivision must publish two newspaper
notices, hold two hearings, and adopt a motion to increase taxes by a record vote.
There is no hidden appraisal tax creep in Texas.
2. What actually causes higher appraisals?
The local appraisal district is required by the state of Texas to appraise prop-
erly within 5 percent of market value. Failure to meet this standard results in
financial penalties on local schools by the state.
3. Is the present appraisal system fair?
Unfortunately, no. Studies have shown that residenfial property is consistently
appraisedclosertomarketvaluethancommen^ialandindustrialproperty. This
shifts the tax burden to homeowners. Mandatory sales price disclosure would
help.
4. Who collects properly taxes in Texas?
• Counties -14 percent
• Cities -15 percent
• School Districts - 60 percent
• Special Districts -11 percent
(carttirueed on page 59)
7. Why are Texas county propert
faxes so high?
A. The Texas Legislature mandatF
services, such as indigent trim
tial defense, indigent health can
and other programs, withot
state funding. Many other state
prohibit unfunded mandates.
B. The state does not allow othe
local-option funding source'
Other than a Yz cent sales tax v
some counties, the property tax i
the only available funding source
Floridacountieshave 15differen
local options; their property ta;
provides 10 percent of the count,
budget.
C. Budget costs are soaring. Healtl
benefits for county personnel
indigents, and jail imnates hav
increased by 70 percent over th
past five years. Motor fuel, tva
maintenance supplies, and othe
essentials have incteassed at twit
the Consumer Price Index.
8. Can we Izelp?
Yes. Support mandatory sales pri<
disclosure, a constitutional amen:
went prohibiting unfunded ma:
dates, and local option altemativ~
to the property tax.
For more infornuuion, please a
meat 1-~0-733-0699. >fr
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ieaenl Gosel