Resolution urges Texas Legislature to amend law so county can be reimbursed

The Lampasas County Commissioners Court voted unanimously Monday to adopt a resolution urging the governor and Texas Legislature to amend a statute that officials say has denied the county more than $1 million over the past five years.

State Rep. Brad Buckley and Candyce Speidel, district representative for State Sen. Dawn Buckingham, attended the meeting.

In 2009, Texas voters passed an amendment to the state constitution exempting 100% disabled veterans from paying homestead property taxes, and the legislature extended the exemption to surviving spouses of 100% disabled veterans in 2011.

In 2015, the legislature passed a statute granting reimbursement to counties and municipalities that lose 2% or more of their generalfund revenue due to the exemption. To be eligible, municipalities must border a military installation, and counties must contain all or part of a military installation.

Lampasas County has lost nearly $5 million since 2009 due to the exemption, each year missing out on more than 2% of its revenue, officials said. Yet the county is not eligible for reimbursement, because it does not abut Fort Hood. The county line ends 1.7 miles from the Army base.

Chief Appraiser Melissa Gonzales of the Lampasas Central Appraisal District previously told the Commissioners Court she has applied for more than $1 million in reimbursement from the state since 2015.

County Judge Randy Hoyer said the commissioners support the amendment and are proud many veterans have chosen Lampasas as their home, but the county’s taxpayers should not be unjustly burdened by a mandate ratified by voters statewide.

“The arbitrary requirement of physical contact with a military installation does not address the financial impact on jurisdictions such as Lampasas County,” Hoyer said. “If a county or municipality is disproportionately affected, it should qualify for the state reimbursement.

“The exemption was approved by the voters of Texas,” he said. “Therefore, all citizens of Texas should bear financial responsibility [for] the exemption, not just those in areas where a high percentage of veterans live.”

Precinct 1 Commissioner Bobby Carroll said the state should have reimbursed Lampasas County long ago, and the financial burden of the statute likely will increase as more veterans move to the county from Killeen.

“It’s really caused our tax rate to stay higher than it should,” Carroll said. “It’s going to get worse, and we’re going to have a harder time paying the bills. We really need it.”

Buckley said the Texas comptroller soon will complete a study assessing the impact on all communities affected by the 100% disabled veterans’ exemption.

“There are many communities that will be crafted into legislation,” Buckley said. “We will definitely work on this as hard as we can. Nobody’s going out for the exemption. The state of Texas made a promise. We want to honor those that served us so well, so let’s fund the mandate.”

Hoyer said it will be challenging for Buckley and Buckingham to attract support for amending the statute, as it affects so few communities within Texas.

“But we are asking you to do everything you can in your power to get this, because it’s huge for Lampasas,” he said.

Hoyer said the county could use the reimbursement funds to offset the expense of constructing a new jail.

Hoyer said he and Gonzales would be willing to testify on behalf of Lampasas County at the State Capitol.

PROPOSAL FOR RAILROAD OPERATIONS

In other business, Sean Smith of the J.C. Smith Company presented a proposal by the Brady Shippers Group to establish a rural rail district to oversee railroad operations in Lampasas, San Saba, Mills and McCulloch counties.

The Brady Shippers Group comprises three companies interested in restoring rail service to Brady.

Denver-based OmniTRAX owns the Central Texas & Colorado River Railway, which extends from Brady and Lometa, passing through four counties.

In 2019, OmniTRAX filed to abandon the track, discontinuing service on and maintenance of the track. The Brady Shippers Group hopes that, by establishing a rural rail district with authority over the track, the counties will encourage OmniTRAX to resume operations on the track.

Smith said operation of the track could create revenue for the counties and job opportunities for residents.

The rural rail district would be governed by a board of directors from all four counties.

The portion of the line located in Lampasas County mostly runs through the area represented by Precinct 2 Commissioner Jamie Smart, who said the line often causes fires, and its crossings are dilapidated.

Smart said he believes if landowners in Precinct 2 supported re-opening the railroad, they would “relish the thought of having the power to manage” it.

“If it’s there, we might as well do something with it,” he said. “Otherwise, it’s just an eyesore and a hazard.”

Precinct 4 Commissioner Mark Rainwater said he would consider supporting the formation of a rural rail district only if it would bring in tax revenue or otherwise benefit the county.

GRANT WRITING AND CONTACT TRACING Also on Monday, the

Also on Monday, the Commissioners Court appointed County Auditor Tragina Tallant as the county’s grant writer. The county will pay Tallant a $10,000 annual stipend for completing her grantwriting responsibilities.

The court plans to assess the value of employing a grant writer each year. The Commissioners Court

The Commissioners Court voted to pay Dr. Georgia Hay $3,500 for overseeing contact tracing in the county during the past seven weeks. The county will be reimbursed through a grant.

CHANGE ORDERS FOR JAIL PROJECT

And commissioners approved four change orders for the Lampasas County Sheriff’s Office and jail project.

They voted to accept a $5,755 change order for the construction of a concrete footing and a post at an antenna on the office. The change order will increase the project’s contract time by 14 days, costing the county an additional $1,000 daily.

Carroll opposed the change order.

The Commissioners Court also approved a $4,365 change order for electrical work and a $620 change order for the installation of J-hooks.

The court voted to approve a $4,084 change order for the installation of wall cuts and conduits for 16 digital phones throughout the office. The change order requested an addition of four days to the contract time, which the commissioners denied.

Hoyer opposed the vote, saying he, too, objected to the four-day addition, but he thought the Commissioners Court should approve the entire change order to hasten the project’s completion.

A $1,375 invoice for additional services from Burns Architecture, LLC, for work on the jail project was approved.

Ronnie Goodwin, who oversees the jail project on behalf of the county, said the new contractors Cooley Construction, LLC and Oak Commercial Construction, LLC “continue doing an excellent job,” and may complete the project by late December.

OTHER MATTERS

On another item, the court voted to reject three proposals for contracted custodial services for the two county annex buildings, the courthouse and the new jail/ sheriff’s office facility.

Hoyer said two bids were too high, and the “third scares me that maybe they missed something.”

The county will continue to employ its own full-time custodian.

On another matter, the Commissioners Court took no action on the final plat for River Hills Ranch phase III construction. The county’s regulatory engineer, Joe England, said the plans still do not meet county specifications.

Also during Monday’s meeting, Buckley thanked Lampasas County residents for supporting his re-election last week to the Texas House of Representatives.

“It will be an honor to serve you during this historic session,” he said.