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Legislative Package For the

82nd Legislative Session



HIDALGO COUNTY
www.co.hidalgo.tx.us
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° 2009 Population: 741,152
° Location: South Texas, Bordering Mexico
° Area: 1,569 square miles
° Eighth most populated county in Texas, growing
30% since 2000, with a population density of
472 persons/sq. mi.
° Population growth is 1.6 times faster than that of
Texas and 3.3 times that of the U.S.
° The McAllen-Edinburg-Mission MSA includes all
of Hidalgo Countyand is one of the fastest
growing MSAs in the nation.



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° Elections
° Sheriff·s Courthouse Security
° Public Health & Public Safety
° Transportation & Infrastructure
° Planning
° Veteran Affairs
° Emergency Management
° Other Supported Items
 COUNTY OPERATIONS




 

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° Issue: Elections Administrator

D The Elections Administrator position is one that requires
knowledge of the governmental structure, election administration
laws, and voter rights.
D It is necessary that eligibility requirements be revised to ensure
that a qualified person direct the Elections Office.
D There is no provision that allows the Elections Committee to
remove or suspend the Elections Administrator if unlawful activity
is being investigated or if there is a violation of the law.
° Recommendation:
D Increase eligibility requirements for Election Administrator
position; grant authority to the Elections Committee for removal
and suspension of Elections Administrator.
 
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° Issue: Voter Assistance

D Numerous complaints regarding who can provide assistance to a
voter at a voting station have been made at recent elections.
D Current law allows any person (including non-citizens, felons, minors,
etc) to assist voters at the voter·s request without a limit on the
number of voters assisted.
° Recommendation:
D Support HB 304 by Pena which requires that a person selected by
a voter for assistance is a registered voter of the county in which
the election is being held, that the person provide photo I.D. to an
election officer and that the name be recorded by the officer, and
that the person may not assist more than two voters per day.
D In lieu of the recommendation above, support a change that would
allow only election officers to provide voter assistance.
 
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° Issue: Voter Assistant Oath

D Current law requires a person selected by a voter for assistance to
take an oath prior to rendering assistance in pertinent part swearing
that he will not persuade in any manner how the voter should vote.
D The oath is a measure provided by the Election Code to discourage
and combat voter fraud. The oath could be enhanced by adding
language whereby a voter assistant would swear that he is not the
voter·s employer, an agent of his employer, or an officer or agent of
a labor union to which the voter belongs (a provision found at
64.032(c) of the Election Code).
° Recommendation:
D Add to the voter assistant·s oath that he ´is not the voter·s employer,
an agent of the voter·s employer, or an officer or agent of a labor
union to which the voter belongs.µ
 
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° Issue: Poll Watchers

D Current law allows a poll watcher to be present at the voting station
when the voter is being assisted by an elections officer and allows
the poll watcher to examine the voter·s ballot before it is deposited
in the ballot box.
D These provisions in effect reduce the sanctity of the secret ballot and
allow an avenue for voter intimidation.
° Recommendation:
D Repeal the provisions found at Sec. 33.057(a), Texas Elections
Code which allow poll watchers to be present at a voting station
and allow poll watchers to examine the voter·s ballot.
 
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° Issue: Electioneering
D Current law prohibits electioneering within 100 feet of a polling
location.
D The law does not provide for the prohibition of electioneering within
100 feet of a polling place if the electioneering takes place on
private property.
° Recommendation:
D Require that a governing body choose polling places that allow
for the 100 foot electioneering provision.
 
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° Issue: Voter I.D.

D The lack of a photo identification requirement to be eligible to vote
increases the degree of voter fraud in Texas.

° Recommendation:
D Require that a voter present an acceptable photo I.D. to an election
officer prior to being admitted for voting.
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° Issue:
D Costs for courthouse security continuously exceed the revenues
derived from the Courthouse Security Fee.
D Additional revenue is needed to support the growing needs and
additional costs.
° Recommendation:
D Increase the Courthouse Security Fees authorized under the Code
of Criminal Procedures. =

 
 
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° Issue: County Approval of Tire Reclamation Centers

D Tire reclamation centers pose various health and safety hazards
when situated near residential areas or aquifers
D The law does not require solicitors of a tire reclamation permit to
attain County approval.
D The Texas Commission on Environmental Quality (TCEQ) is the sole
authority.
D Lack of communication between TCEQ and local entities can result
in exposure to hazardous conditions for residents.
° Recommendation:
D Require solicitors of a tire reclamation center permit to attain
County approval prior to State approval.
D Require TCEQ to certify that County approval has been granted
before a TCEQ permit is granted.





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° Issue: Allow Primary Care at County Clinics

D Many Hidalgo County residents do not have medial insurance or
a primary physician.
D Many residents go untreated or go to hospitals· emergency
rooms for treatment.
D Lack of primary health care services results in greater and more
severe cases of diabetes, high cholesterol, and tuberculosis.
D Lack of a primary physician or medical insurance leads to
overcrowding at emergency rooms.
° Recommendation:
D Authorize the county to provide primary care services through its
health clinics. =
  
  
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° Issue: Abandoned Properties & Mowing Liens

D When properties are abandoned in the county area, they
become a haven for trespassers, a hazard for residents, and an
eyesore for the community.
D Properties outside city jurisdictions in county area can be left
with minimal maintenance, resulting in overgrown lawns and
possible rodent infestation.
D Currently the county does not have the authority to enforce
codes or impose fines to keep these properties clean.
° Recommendation:
D Authorize the county to implement property maintenance codes,
including the authority to tear down hazardous structures, clean
and mow private properties, and issue bills and mowing liens for
enforcement of collection.
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° Issue:
D Due to the proximity of the ´border regionµ to the border of
Mexico, the border areas from El Paso down to Brownsville have
increased susceptibility to diseases, infections, and viruses specific
to this geographic area.
° Recommendations:
D Obtain state/federal approval to declare the ´border regionµ a
special needs jurisdiction under the Centers for Disease Control
(CDC).
D Advocate to pass resolution or necessary action to declare the
´border regionµ as a special needs jurisdiction.
D By this designation the CDC would be enabled to distribute funds
directly to the region without passing through state first, allowing
for immediate relief as special needs arise.
 
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° Issue
D On December 16, 2008 Hidalgo County approved the creation
of the first Transportation Reinvestment Zone
D Areas adjacent to the Transportation Reinvestment Zone are
undeveloped and can positively or negatively impact the
development of the region
D Hidalgo County needs some zoning authority which will allow it
to promote growth that will be beneficial to all residents
° Recommendation:
D Grant the county zoning authority relating to the development
within an established Transportation Reinvestment Zone
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D Appropriate funding for the U.S. 281projects of Ben

Bolt, George West and Premont.
D Authorize the Hidalgo County Drainage District No. 1 to
obtain a no-interest loan from the TX Water
Development Board for Raymondville Drain Project.
D Authorize the HCDD No. 1 to recapture storm and
underground water to reprocess and sell for reuse.
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° Issue: Allow Fee & Expand Penalty
D The 81st Legislature passed a law which allows counties to require
building code standards, inspections and notices for certain residential
construction in unincorporated areas of a county.
D The new law prohibits a county to impose fees to fund the
implementation of the provisions.
D The law also excludes individuals who build their own home from the
penalty (Class C Misdemeanor) for failure to provide notice to a county
of certain building schedules and inspection results.
° Recommendation:
D Amend the law to allow a county to impose fees, not to exceed $100
per project, to fund the implementation of the provisions.
D Amend the law to extend the Class C Misdemeanor to individuals who
build their own home.
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° Issue: One Single Family Dwelling per Lot

D Hidalgo County currently has the authority to regulate its ´one
single family dwelling per lotµ rule, but having to go through the
County Attorney or District Attorney to enforce the rule is timely
and inefficient.
D Allowing the county to go to a Justice of the Peace for
enforcement of the rule would expedite the process and free
County & District Attorneys of the case load.
° Recommendation:
D Amend the law to allow the county to go to a Justice of the Peace
for enforcement of the ´one single family dwelling per lotµ rule.
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° Issue: Roadside Vendors

D Hidalgo County considers the solicitation of business by unregulated
roadside vendors a major problem in unincorporated areas of the
county.
D The vendors create traffic and other health & safety issues, encroach
into right-of-ways and skirt sales tax laws.
D Although current law provides regulatory authority to the County, having
to go through the County Attorney or District Attorney for enforcement is
timely and inefficient.
° Recommendation:
D Amend the law to allow a county employee to issue citations and submit
to a Justice of the Peace for enforcement of the violation.
  
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° Issue:
D Hidalgo County was recently offered a tract of land by a
landowner for public use.
D The law requires the property owners to subdivide his land to
divide the portion he wishes to separate/donate and pay the
platting costs.
D This requirement imposes an expense on an individual making a
donation to a public entity.
° Recommendation:
D Include a provision that allows commissioners court to exempt land
donated for public use from platting requirements.
 
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° Issue:
D The Transportation Code grants counties the authority to provide
street lighting along a county road and to impose a fee on
benefiting landowners for the street lights.
D No enforcement authority was given for non-payment of such
fees.
D Lack of enforcement authority has kept Hidalgo County from
pursuing more street lighting projects because of the prospect of
having to cover the expenses.
° Recommendation:
D Amend the Transportation Code to provide the county with
enforcement authority for non-payment of fees imposed for street
lights established in subdivisions located in the county.
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° Issue
D Proposition 9 granted exemption from ad valorem property
taxes to disabled veterans, which was part of 81st Legislative
Agenda.
D In the event of death, the exemption currently does not carry
over to the unwed surviving spouse.
° Recommendation:
D Amend legislation passed (Proposition 9) that granted a full
exemption from ad valorem property taxes on a residential
homestead to veterans who are classified as totally disabled
due to circumstances related to their military service. Authorize
exemption to be extended to surviving spouse in the event of
veteran·s death.
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° Issue
D Currently, Hidalgo County residents must travel outside the Rio
Grande Valley for medical treatment from a Veteran·s Hospital.
D It presents a financial burden on local veteran·s and it is
impractical in some cases for veteran·s to travel, considering their
current state of health.
° Recommendation:
D Support action on Prop. 8 passed Nov. 2009 by voters. HB55
filed by Rep. Martinez advocating for construction of a Veteran·s
Hospital in the Valley or expanding the existing surgery center in
Harlingen into a Veteran·s Hospital.
 

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° Issue: Fee to Fund Plan Management

D The Hidalgo County Emergency Management Office currently
employs its resources to monitor and manage emergency plans
required of home health care agencies and adult day care
centers.
D The mandate to monitor these emergency plans was imposed on
counties without any funding to implement and maintain the
effort.
° Recommendation:
D Allow the county to impose a fee to offset the cost of the
emergency plan management mandate.
 


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° Issue: Allow Peace Officer Status to Certain Emergency Managers

D Hidalgo County Emergency Managers often respond to crisis situations
involving damage to resident·s personal property and high emotions.
D Negotiating through these situations often requires emergency managers to
request the presence of a peace officer, further drawing on county
resources and delaying response to the emergency at hand.
° Recommendation:
D Allow the county commissioner·s court to authorize peace officer status to its
emergency managers on a case by case basis only after all state and
federal commissioning requirements have been satisfied.
 
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° Issue: Allow Fee to Fund Radio Interoperability

D The lack of radio interoperability continues to plague emergency
management response, resulting in increased damage to property and
endangering lives.
D Funding the improvement of radio interoperability would allow emergency
managers to readily communicate with other governmental agencies, health
care professionals, police, fire and EMS services, in turn allowing better
coordinated emergency response efforts, placing the appropriate resources
at the right place in a more timely manner ² saving lives and preventing
additional property & infrastructure damage.
° Recommendation:
D Allow the county commissioner·s court to authorize the allocation of $1 of
each vehicle registration fee to fund radio interoperability improvements.
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° Issue: Continue Disaster Funding

D Support continued funding for the Disaster Contingency Fund
established by the 80th Legislature by HB 2694 to provide
local governments and State agencies assistance for
responding to disasters that are declared by both local
governments and the Governor.
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° SB 294 by Senator Hinojosa (81st Legislature) which

expands to all counties the ability to impose
additional vehicle registration and road and bridge
fees for mobility projects (Transportation Code
§502.172)
° Creation of a medical school and a law school in
the Rio Grande Valley
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° Increase funding for childcare services for drop out

recovery programs (i.e., PSJA ² College, Career &
Technology Academy)
° Support increased funding for adult education
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