Editor’s Note: The following email, accompanied by the De-Witt County Commissioner’s “Resolution Opposing Efforts to Prohibit County Legislative Communications” that was passed on July 28, was sent to state legislators in session the same day.
Greetings, Honorable State Leaders and County Judges, The De Witt County Commissioners Court believes that the enactment of Senate Bill 12 (89-1) could lead to unintended consequences.
The counties included in this email have all participated in the use of government consulting services since 2012 with the goal of relieving local taxpayers of the financial burden of repairing damaged fragile county roads that are consumed by unconventional drilling methods in the Eagle Ford Shale. We have sought, and continue to seek, state solutions to our county road funding shortfalls... because the current Voter Approved Tax Rate limitations fall short of our needs.
Senate Bill 1747 (83-R) was an answer to our outcries for financial assistance. The Legislature appropriated $225 million into the newly-created County Transportation Infrastructure Fund (CTIF) Grant, and created a Tax Reinvestment Zone to stabilize our plunging tax rates. The increment tax applied to the CETRZ provided us the necessary funds to start down the pathway to rebuilding roads that could sustain the development of the shale play, keep the wheels of the industry turning, and of most importance to state leadership, keep the Severance Tax flowing into the so-called Rainy Day Fund. The CETRZ was eventually declared unconstitutional, then repealed in the 84th Session.
Not until the 86th Session did the Legislature appropriate another $250 million at our request, by and through the combined efforts of our consultants, CJCAT, and TAC.
Our request for a budget appropriation in the 89th Regular Session was submitted by Senator Zaffirini, but was not funded.
How are we to be heard in the halls of the Capitol?
If we are unable to use taxpayer funds to lobby the Legislature for help, and to assist us in interpreting bills that are filed, then we are in a helpless, and potentially hopeless, situation.
Here is a recent example of the power of the industry lobby and the neglect we feel: House Bill 3159 will be effective on January 1, 2026.
We learned of this bill late in the Session. It is a giveaway to the oil and gas industry (lobby). For each (legacy) well recompleted the operating company gets up to $750,000 of Severance Tax relief. The restimulated well has the potential of adding taxable value to the tax roll which, in turn, forces tax rates down, which, in turn, hands the industry an abatement of local property tax on top of the Severance Tax relief provided in the law. The Fiscal Note stated that no negative impacts to the state budget were anticipated. BUT, NO ONE IN THE CAPITOL CALLED COUNTY OFFICIALS TO ASK HOW THE INCREASED DRILLING ACTIVITY (RESULTING FROM THIS STIMULIS) WOULD IMPACT OUR COUNTY ROAD BUDGETS!
Had we been consulted, we could have told you that 20 million pounds of frac sand moving down a fragile county road to recomplete a legacy well will consume the road in short time. The cost to rebuild a county road is close to $800,000 per mile in De Witt County.
In closing I wish to impart the wisdom of a friend of mine who has worked around the Capitol for 30 years. He is often quoted as saying, “If you can’t help us, please don’t hurt us.”
His sentiment is mine today.
The enactment of Senate Bill 12 (891) would be harmful to the energy sector counties of Texas. You should know that 25 counties are producing 85% of the Severance Tax. We need the authority to engage government consultants with taxpayer funds in order to lobby the Legislature when it is impossible for us to leave our courthouses, travel to Austin, and wait around until you are ready to invite us in to talk.
Respectfully submitted, Daryl L. Fowler De Witt County Judge
IN THE COMMISSIONERS COURT OF THE COUNTY OF DE WITT
RESOLUTION NO. 2025 – O28 RESOLUTION OPPOSING EFFORTS TO PROHIBIT COUNTY LEGISLATIVE COMMUNICATIONS WHEREAS, certain legislative proposals would prohibit the use of county funds to retain experts, consultants, and lobbyists to influence legislation, pay dues to associations that influence legislation, and to reimburse county officials for influencing legislation; and WHEREAS, any bills that would prohibit the use of county funds would effectively silence the voice of local officials and prevent effective communication and representation of their citizens and taxpayers; and WHEREAS, county officials require the ability to collectively develop and express their positions and information through associations; and WHEREAS, the inability to retain experienced representation before the federal and state legislative bodies and agencies would place our communities at a distinct disadvantage in efforts to obtain and retain federal and state projects and military bases; and WHEREAS, smaller counties especially need to be able to combine their resources to efficiently and effectively present their unique issues to state and federal government; and WHEREAS, requiring elected officials to personally expend personal resources to present the views of their citizens would impose an extreme hardship upon these public servants; and WHEREAS, such prohibition would stifle the basic tenets of democracy and open government; NOW, THEREFORE, BE IT RESOLVED that the DeWitt County Commissioners Court does hereby express its opposition to any legislation that attempts to silence the combined voices of the county officials of this state.
THIS RESOLUTION WAS READ, CONSIDERED, AND ADOPTED BY THE COMMISSIONERS COURT OF DE WITT COUNTY DURING AN OPEN PUBLIC MEETING CONFORMING TO GOVERNMENT CODE § 551, THE TEXAS OPEN MEETINGS ACT, ON THIS 28th DAY OF July 2025. FOR THE COUNTY OF DE WITT: The Honorable Daryl L. Fowler Its: County Judge Attest: Natale Carson. County Clerk Ryan Varela Commissioner, Precinct No. 1 James B. Pilchiek, Commissioner, Precinct No. 2 James Kaiser, Commissioner, Precinct No. 3 Brian Carson, Commissioner, Precinct No. 4
