Senate Bill 10 "has gone through a strange transformation," Jim Allison, general counsel for the County Judges and Commissioners Association of Texas, told about 115 participants who joined Tuesday's breakfast meeting. A substituted version of the bill, which would make it harder for local officials to effectively participate in the state policymaking process, was approved 5-4 on Monday, April 12, by the Senate Committee on Local Government, chaired by the bill's author, Sen. Paul Bettencourt (R-Houston). (The full Senate passed SB 10 on a 17-13 vote Thursday.) While the bill is now narrower than it was, Allison said, it continues to place "an unworkable burden on counties and their associations."
Allison continued, noting SB 10 would require county associations to hire their own in-house consultants rather than rely on outside assistance to help their elected officials track and understand the thousands of bills introduced each session that affect their constituents. The requirement is especially problematic for smaller associations, which would find it hard to retain a full-time advocate, Allison said. SB 10 would limit counties and their associations from presenting a collective position on pending legislation, he said.
Allison noted that SB 10 prohibits associations from discussing legislation related to property taxation. This provision reveals SB 10's real purpose, according to Allison — to stop counties from engaging in legislative conversations about local revenues. Talking about unfunded mandates without talking about county revenues would be quite the challenge, to say the least, Allison said.
Chambers County Sheriff Brian Hawthorne singled out House Bill 929 by Rep. Carl Sherman (D-DeSoto) in an update on what the Sheriffs' Association of Texas is monitoring. A law enforcement officer who turns off their body camera would face a potential third-degree felony charge under the bill, and the bill's data storage requirements for body camera footage would come with a large cost to counties, Hawthorne said. The bill was left pending in the House Committee on Homeland Security & Public Safety after a hearing on April 1.
Another bill that would represent a large unfunded mandate for counties is HB 3547, said Chambers County District Clerk Patti Henry, treasurer of the County and District Clerks' Association of Texas. The bill by Rep. Alma Allen (D-Houston) would require automatic nondisclosure for most misdemeanors and expand nondisclosure of certain felony offenses. It is was heard in the House Committee on Corrections on Wednesday, April 14 and left pending.
There continue to be lots of questions regarding the American Rescue Plan Act of 2021, which sets aside an estimated $5.6 billion in direct aid for Texas counties, surrounding its allowable uses, reconciliation of expenditures, and fund administration. Details are pending from the U.S. Treasury Department. In the meantime, TAC has created an American Rescue Plan resource webpage that collects available information about the act, including allocation estimates for individual Texas counties.
There are 44 days left in the 87th Texas Legislature. Stay up to date by visiting TAC’s legislative webpage and by joining TAC's virtual Tuesday Morning Breakfasts each week at 7:30 a.m.
Please register for the next breakfast on Tuesday, April 20, by 5 p.m. Monday, April 19. Login instructions will be sent with confirmation of your registration. Contact Amy Ruedas at AmyR@county.org or (800) 456-5974 with any questions about the breakfast meetings.