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September / October 2009
Volume 21, Number 5
Made by Officials, for Officials
How TAC Grew in Its Early Years
By Jim Lewis
The surprise of learning about a new mandate long after it was considered by the Legislature is what persuaded Navarro County Judge
Kenneth A. “Buck” Douglas that Texas counties needed a single statewide association
to look out for county interests.
In 1963, Douglas recalled, county budgets across the state were disrupted by a legislative
requirement that counties supplement the pay of juvenile judges by $4,000 a year.
In 1963 dollars, “that was a lot,” said Douglas, who nine years later would become the
first paid executive director of the texas Association of Counties.
“As far as my own county was concerned, it (the pay raise) might have been okay with
me, but what bothered me was that they passed it without anyone asking the counties,”
he said. “We didn’t know a damn thing about it.”
At the time, each of the independent county officials could join one of the associations
that represented that breed of official. These independent groups had been started during
the previous century, going back to 1874 when the Sheriff ’s Association was called together by
McLennan County Sheriff Sul Ross (later known as Governor Ross). Most were formed in the
1930s and ‘40s.
But no one spoke for all the county officials.
The autonomy of each organization of officials caused confusion, “without any coming together
at the top,” according to a letter written by a businessman at the time.
“
…(W)hen our lawmakers inquire from one of the county officials associations as to what
is needed for county government, they get one set of answers and when they inquire from another
county association, they get another set of answers, etc.,” stated the letter that was read at
the organization’s first meeting in 1969.
Some of those who remember the events back then said what got the sometimes quarrelsome
relatives of the courthouse family to thinking alike was a movement to alter how counties
would operate.
Warren G. Harding, then-Dallas County treasurer and later State treasurer, remembered
that after the people of Miami consolidated city government with Dade County’s structure in
the late 1950s, “there was kind of an undertow to do away with several county offices, or
even to combine some whole offices.”
Harding said the pot was stirred when then-Governor John Connally in 1965 asked the
independent texas Research League (TRL) to take a look at texas’ urban counties.
A research organization funded by business groups, TRL was asked “to undertake a
study of local government structures and services in the metropolitan areas of texas,” according
to the TRL report.
When completed, the study proposed a constitutional amendment to create a special
category of “urban county” that could levy additional types of taxes and enact city-type
ordinances affecting only their unincorporated areas.
Under the proposed amendment, the Legislature would have authority to make special provisions
for these new types of counties to create larger commissioners courts (up to nine).
Perhaps of more interest to the rest of the family, these counties would be allowed to propose that appointed administrative heads replace elected officials, with voter
approval in local referenda.
The TRL proposals were submitted by Connally to the 1967 session
of the Legislature in the form of two constitutional amendments and five
bills, but “none of the bills was reported out of committee,” TRL said
in a later version of its study, titled “texas County Government: Let the
People Choose.”
A bill that did pass the Legislature that year was a measure to set up the County and District
Retirement System; credit for that law apparently belonged to Dallam County Judge W.D.
Henson and Gregg County Commissioner Bill Owens.
These two, who were successive presidents of the County Judges and Commissioners Association,
spent two days a week in Austin working on the retirement bill that passed and two
others that failed. of the two failed bills, one they called a victory; the other a setback.
As often occurs in legislative battles, the fate of one unsuccessful bill determined the fate of
another for a simple legislative fact of life known as “revenge.”
While supporting a bill to allow counties to pay dues to create an association of counties,
the county leaders were fighting a bill to strengthen regional councils of government
(CoGs). In the context of the Connally/ TRL proposals, CoGs were apparently perceived
as the “camel’s nose under the tent,” as longtime Harris County Commissioner E.A.
“Squatty” Lyons put it.
In his presidential address the following year, Judge owens explained the tradeoff to the
judges and commissioners assembled in Austin.
“We all know that politics is a give-and-take proposition. For example, in retribution for
our opposition to the CoG bills, the bill establishing an organization of counties was killed,”
he said. “It appears rather petty and vindictive that the counties should be denied the urgent
legislation necessary to establish an organization similar to the Municipal League just for the
sake of revenge, but that’s the way the game is played.”
The previous year, in Forth Worth, judges and commissioners voted 95 to 15 to adopt a
resolution that asserted the Connally/ TRL proposals would “encourage corruption and political
machines,” according to a Dallas Morning News article.
The News quoted the resolution as stating that the proposals “could result in county managers
and other appointive officials getting ‘broad powers,’ which should be wielded only by elective
officials. This would be a big step away from local self-government, the resolution declared.”
The Fort Worth Star Telegram quoted Squatty Lyons as saying, “Some people are advocating
change for change’s sake. They ought to just leave things alone.”
Among those opposing the resolution were Dallas County Commissioner Mel Price and
Lubbock County Judge Rod Shaw, who termed the resolution “inflammatory” and without
“useful purpose.”
The reform proposals eventually faded into the background among other pressing legislative
business; treasurer Harding said it was Dallas County Judge Lew Sterrett who privately
persuaded Connally to back off.
But the county officials intent on a new organization kept at work, campaigning for support
among the different organizations of officials.
In September 1967, the Volume 1, number 1 issue of Treasury Notes, the “Voice of the
CTA” (County Treasurers Association) reported that Commissioner owens addressed the
treasurers’ annual meeting “and briefly hinted about the prevalent complexities of county
government and about his unique idea of a texas organization of counties, which would
be an instrument of dissolving many county problems simply by unified efforts to solve and upgrade by education and comprehensive legislative action.”
In the Legislature, it was Sen. Ralph Hall who was carrying the counties’ load. As
Rockwall County Judge from 1950 to 1963, Hall had been president of the County
Judges and Commissioners Association from 1958-59.
In the Senate, he had successfully carried the retirement system bill as well as a number
of other measures for various associations, but his first attempt at an organization
of counties bill failed.
Hall, a member of Congress since 1980, said in 1994 that “counties were my first love, and
still, the love of my life is local government.”
After the first defeat in 1967, Hall assigned two staff members the task of passing the
counties’ bill. one was a veteran of legislative intrigue; the other knew counties like the back
of her hand.
Donna Conn (then Donna Andrews) worked for Hall as clerk of the Local and uncontested
Committee; she had been around the Legislature long enough to know how to get
things done.
New to the game was Cay House (then Cay Braziel), who served Hall as clerk of the County,
District and urban Affairs Committee. (Hall chaired both committees.)
Braziel was the link to counties; after all, both her mom and dad were county judge of
Rains County.
Here’s how that happened: Her father, Sam Braziel, was president of the Judges and Commissioners
Association in 1964, when he died of a heart attack in El Paso while preparing for
their annual convention. Then, Rains County commissioners appointed his wife Marguerite
Braziel as his successor. Her seven years as judge complemented Sam’s nine years.
As the county bill progressed through the legislative process, Cay House remembered
some interference from the Realtor lobby and the texas Municipal League, who were
concerned that an association of counties might infringe on their interests. Those concerns
were eventually brushed aside, she said.
But the big problem that Hall’s bill faced was a fear among House members that future
opponents would criticize them for voting to create another lobby organization, supported by
taxpayers’ money.
“A long line” of county officials raised their hands in support of the bill at the committee
hearing, House said, but passage was not assured until Hall and the legislative sponsors agreed
to accept an amendment that prohibited the new organization from engaging in lobbying or
promoting any candidate for office.
Donna Conn credited Judge Henson and Commissioner owens as the officials who did
the lion’s share of the work, although she remembered Midland County Commissioner Winn
Brown, Randall County Commissioner Jim Fletcher and Dalhart Commissioner Bernard Eads
as the officials who she got to know among the dozens who worked on the bill.
“Mainly, I thought they were a bunch of nuts,” she laughed, explaining that she meant they
were “a bunch of fun-loving guys, fun to work with.” Conn went to work for the Teachers
Retirement System.
What Cay House remembered was the nervousness they both felt standing on the floor
of the House of Representatives when the bill came up for a vote; Senate passage had
previously occurred “rather easily.”
But “when the voting lights came on the board, it was so red (signifying “no” votes), we
thought it had failed,” she said.
But it passed, and when Governor Preston Smith signed Senate Bill 167 into law, standing
with him were Conn and House, along with Sen. Hall, Judge Henson, Commissioner owens
and the House sponsors, who included Reps. Bill Clayton of Springlake, Dean Cobb of Dumas
and Henry Sanchez of Brownsville.
Shortly thereafter, presidents or designated representatives of the 11 county official associations were called together for a meeting at the Baker Hotel in Dallas on June 19, 1969.
To kick things off , the new law was read aloud, then Sen. Hall was introduced as “a true
friend” of county government, according to the minutes of the meeting.
“I would really like to see this organization get off the ground and fly – not a political
organization in Austin, but a place where all the county associations could flow to the Legislature,”
Hall said. “I have sat down there through committee hearings and noted the lack
of cooperation.”
County Progress, the publication of the County Judges and Commissioners Association,
quoted Hall as saying “I know real work is being done to promote better government but it
is not being conveyed to the Senate. There is lost each year some of our precious rights due to
the gradual chipping away at them in Austin. I would like for you to have someone there to
represent 90 percent of government.”
Sen. Hall estimated that three out of four senators of the day were willing to abolish the
office of Justice of the Peace.
“They do not realize how important these people are,” he said. “They (JPs) are father
confessors, advisors, etc., and they are very important.”
The senator then excused himself to head off to campaign for lieutenant governor
(he lost in 1972), and the meeting turned to the business at hand.
Judge Henson read a proposed constitution for the new texas Association of Counties
and then fielded questions from the assembled officials.
He explained that the board of directors would be made up of one representative of each
organization, with judges and commissioners also designating members from four regional
organizations and the statewide association.
According to an account printed in County Progress, one question that was asked by several
people was why there should be more directors from the County Judges and Commissioners
Association than from their own individual associations.
“It was explained that there are five members of the commissioners court in the courthouse
and only one from each other others,” the publication reported. “Also, it was explained that the
commissioners court was the one that determined if the county joined the organization. one
must remember that they control the purse strings and thus must not completely lose control.
That is just the facts of life.”
It was also pointed out that each individual organization was expected to continue to thrive
as before.
“There was not bitterness or ill will shown by anyone and little, if any, disagreement on changes that should be made,” according to
the County Progress report.
According to a partial transcript of the session,
Judge Henson, who was elected as the
first T AC president, suggested that initially,
the organization should operate “out of a
Poor Boy office” and someone made the remark,
“Longview would be a good place.”
A few minutes later, the judge from the
Longview courthouse, Bill O wens, was appointed
“acting executive director and Poor
Boy.” The initial T AC mailing address was
a post office box in Owens’ hometown,
Gladewater.
In Austin, a trailer house on the edge of
town served as both office and sleeping quarters
for Henson and Owens, and when they
were at home, Cay Braziel would run out
there periodically to collect the mail and forward
it to Gladewater.
Supporters of the new organization set out
to convince commissioners courts to join
up and pay dues to TAC and by November
1970, 122 of the 254 had joined.
But minutes of the December 1971 meeting
indicated that the ongoing membership
drive had stalled at 123.
Judge Henson encouraged the group to
continue the membership efforts because
“if we did not have the full support, Austin
would eat us up and then Washington would
eat Austin and us up.”
A month later, Navarro County Judge Buck
Douglas, who was immediate past president
of the judges and commissioners group, was
elected over Henson for the T AC presidency
and took over the organization in the middle of the meeting. (Sen. Hall dropped by to say
hello, according to the minutes.)
Douglas said the effort to get counties to
join had lagged “because counties weren’t
satisfied with how things were going.”
Seven months later, a committee to screen
applicants for the job of paid, full-time executive
director recommended Douglas be
hired. The following day, August 25, 1972,
the board voted by acclimation to approve
the hiring, effective Sept. 5, when Douglas
formally resigned the Navarro County
judgeship.
Over the next few months, Douglas rented
an Austin office on Interstate 35 (by the
“round Holiday Inn”) and hired an assistant
named Marilyn Snipes, who had been highly
recommended by the Advisory Commission
on Intergovernmental Relations.
Membership numbers began to grow, he
said, especially after a chartered plane expedition
in 1974.
“Most Texas county officials had never
been too involved with the National Association
of Counties, so we chartered a plane
to take our Texas people to Washington,
D.C., to visit NACo and our congressmen
from Texas,” Douglas said, adding that the
179 airplane seats were full. “A hell of a lot of
the people on that plane had not been T AC
members, but they joined after that.”
Douglas maintained his Corsicana residency,
staying two days a week in Austin and
spending the rest of his time traveling the
state or at home with his family. In 1976, he
resigned to run for district judge. (He won.)
“TAC is the best thing that’s happened to
Texas county government,” Douglas said.
“There is no way that county officials can
keep up with what’s going on without some
organization to keep them informed.”
Editor’s Note: This is a reprint of an article
originally published in County magazine in
1994 in celebration of TAC’s 25th Anniversary. |