The Terry County commissioners Court met Monday morning September 26, 2022, to discuss several things that were on the agenda. There were no public comments on the agenda and after they approved the minutes and examined and paid the bills, the Court heard from County Judge JD “Butch” Wagner on his monthly reports. According to Judge Wagner, he had 34 new cases in the month of August and he closed 25 cases.
The court moved to the next item of business which was to adopt a resolution for the immediate funding request for state government-mandated services. During the 2019 State legislature, the state passed a law that cities and counties can only go up to a 3.5% cap on the property tax revenue. Although the cities and counties have this cap that has not kept the state from passing mandated services that need to be paid for.
The immediate funding request for state government-mandated services that was adopted by the Terry County Commissioners Court, shows that Terry County continues to struggle to finance essential services under the 3.5% revenue cap, while the state is failing to meet statutory obligations and state government-mandated services which threaten to overwhelm county resources with an escalating backlog of state felony inmates, mentally ill defendants, and felony juvenile offenders.
According to the Terry County Commissioners Court, the Texas Department of Criminal Justice (TDC) has been closing facilities and reducing its capacity while the state leadership has transferred funding from TDC for other programs. According to the Texas Commissions on Jail Standards (TCJS), the backlog of paper-ready state inmates awaiting transfer to TC has increased from 1521 in June 2021 to 3608 in June 2022 which is a 137% increase in one year. At a rate of $50 a day, the state inmates have cost local property tax players $65,846,000 per year across the State of Texas.
The Court also went on to say that the North Texas State Hospital in Vernon Texas, which is the primary state facility to receive and treat criminal defendants who are incompetent to stand trial. When these defendants are denied admission to the state facilities they must be confined in the county jail, which can create a danger to other inmates and staff while depriving needed mental health services to these defendants. At this time the North Texas State Hospital has completely stopped receiving new admissions. The backlog was already delaying the transfer of these patients from the county jail to the state facility for two years for a violent offender in one year for all other patients. Even prior to the shut down with a total of 2,435 patients awaiting transfer in the county jails at $100 per day this backlog was costing county taxpayers throughout Texas at least $88,877,500 per year.
Also, the resolution passed by the Court, shows the Texas Juvenile Justice Department (TJJD) is responsible for the incarceration and rehabilitation of felony juvenile offenders who are not suitable for the juvenile probation system. This includes violent offenders who cannot be safely housed with other juveniles. From its forced merger with the Texas youth commission, TYC to the present this program under TJJD has experience deficiencies in its operations and administration. This past month the TJJD announced that it would refuse any new admissions. This is forcing counties to hold these serious offenders in facilities designed and staffed for nonviolent offenders. This failure by the state exposes county staff in other juveniles to a greater risk of injury or death while interrupting the rehabilitation of these other offenders. Each offender refused admission by TJJD will cost county taxpayers approximately $250 per day or $91,250 per year.
The immediate funding request for state government-mandated services resolution finally talked about the failures of state agencies to meet their statutory responsibilities are the result of administrative neglect and lack of funding. The Terry county Commissioners Court feels while it is essential to the safety of the citizens, the services are not considered a priority by the State of Texas. Judge Wagner did say that all counties in the State of Texas are going through the exact same thing. Also according to the resolution, TDC funding has been transferred to other programs and facilities closed, and after prior budget increases, mental health funding has been reduced by 2% in the current state budget. The budget for TJJD was reduced by 5% before some interim relief for salaries.
The Commissioner’s Court feels that these state failures to meet its financial obligations have resulted in county property tax increases to provide these unfunded but mandated services in the county jail’s in juvenile facilities. There was an extraordinary increase in state revenue providing a $27 billion surplus according to comptroller Glenn Hagar, there is no excuse for continuing these backlogs. Commissioner Mike Swain made the motion to approve the resolution and Commissioner Ernesto Elizardo seconded the resolution with all four commissioners approving the resolution.
The Court then moved on to approve the O’Donnell ISD Board of Trustees joint election resolution for the Terry County Joint Elections Administrator Krystal Valentin. The court approved the joint resolution and also approved the election judges and alternate judges for the upcoming Midterm General Election. The election judge for precinct 101 which is at the Coleman Park party House will be Lisa Zambrano the alternate judge will be Bobbye Jo Floyd. For precinct 201 which is at the Senior Center, the judge will be Kathy Granger and the alternate judge will be Sandra Morin, in precinct 202 which is at the Meadow community center the judge is Sandy Hunt an alternate judge is Dan Powers. In precinct 301 which is at the Terry County Annex on Main Street, the election judge is Adriana Moya and the alternate judge is Cynthia Jacquez, in precinct 401 which is at the American Legion Hall the judge is Maria Chacon and alternate judge is Tyra Nolan, and in precinct 402 which will be at Wellman the judge will be Pat Bennett and the alternate judge Maria Chavez. Also for early voting, it will be held at the Terry County Annex and the judge will be Valerie Castaneda and the alternate will be Faye Newsom.
They went to the next item of business and that was to approve the Texas indigent defense commission formula grant program resolution for fiscal year 2023. According to Judge Wagner, the county receives $27,000 of the $150,000 used.
Before the court went into executive (closed-door) session they approved the county clerk to rehire an employee because one employee has retired and they also approve the 2023 renewal of medical dental and life insurance premiums with the Texas Association of Counties.
The Court return to open session and took action to take bids on the sale of the American Legion Hall which Terry County owns.
The court was adjourned and the next Terry County Commissioner’s Court meeting is slated for Monday, October 10, 2022, at 9 AM downstairs in the commissioner’s court meeting room.
