SEPULVEDA IN NO HURRY TO REPLACE DAN SANCHEZ "AS SOON AS POSSIBLE" BEFORE TRZ VOTE FEATHERS HIS NEST

To: Cameron County Judge and Commissioners Court
From: County Watch [mailto:females4cameroncountywatch@gmail.com] 

Our group understands County Commissioner Sanchez automatically resigned yesterday at the political event held in front of the courthouse. We understand that the Texas Constitution requires an appointment and Judge (Pete) Sepulveda must appoint a suitable resident of the precinct. We put our trust in you sir and hope Judge Sepulveda will follow the law and be reminded of his MANDATORY duties.

Under article XVI, section 65 of the Texas Constitution, certain officers, including county commissioners, automatically resign their current office if they "shall announce their candidacy, or shall in fact become a candidate" in an election for another office when the remaining term of their current office exceeds one year. Tex. Const. art. XVI, § 65 (the "resign-to-run provision").

Texas Attorney General Opinion
Texas Attorney General declared that a County Commissioner who voluntarily resigns his office to become a Candidate for another office or who automatically resigns his office by becoming a candidate for another office IS NOT eligible, during such candidacy, for appointment to fill the vacancy created by his resignation where there is more than one year remaining in the unexpired term of the office from which he resigns.


Texas Attorney General Opinion
Section 65 of Article XVI of the Constitution of Texas makes it the mandatory duty to fill a vacancy. In a conflict between a state statute and the Texas Constitution, the Constitution prevails. In this instance, the Constitution directs the county judge to fill the vacancy as soon as possible for public policy reasons consistent with not allowing such a candidate to be re-appointed to fill that vacancy.

Sec. 87.042. COUNTY COMMISSIONER VACANCY. If a vacancy occurs in the office of county commissioner, the county judge shall appoint a suitable resident of the precinct in which the vacancy exists to fill the vacancy until the next general election.

By Juan Montoya

As the letter to county commissioners from the groups called Females For Cameron County Watch states, last Tuesday, during a supposed Celebration for Vets events hosted by Pct. 4 commissioner Dan Sanchez and his brother, 44th District Court Judge, the commissioner announced his candidacy for county judge before the public assembled there.

Now it's up to Sepulveda to interpret what "as soon as possible" means in the Texas Attorney General's opinion.

Here's where it gets tricky.

In Tuesday's meeting of the Cameron County Commissioner's Court, there is an item placed on the agenda by county administrator David Garcia where the commissioners are being asked to approve the holding of public hearings for the establishment of Transportation Reinvestment Zone and its boundaries.

Confronted with Texas Attorney General's opinions that question the constitutionality of the five existing TRZs in the county, these public hearings will seek to establish a countywide TRZ encompassing the entire county.

In a nutshell, using the county taxes generated by property in the county, a percentage (from 10 to 25 percent) of any increment to those taxes, will go directly to the Cameron County Regional Mobility Authority.

For example, if in 2015 you paid $100 in taxes for a certain property, and the appraisal district next year said it went up in value and you must pay $101, 25 cents will go to the CCRMA from this year on. The TRZ would also get 25 percent (or 10 or 15, or 20, whatever is decided) from new construction not on the books yet. These TRZ projects last anywhere from 30 to 50 years. Take the 3.1 billion LNG plants coming online. The CCRMA would get from 15 to 25 percent of any taxes since they are new and there is no 2015 benchmark.

The CCRMA stands profit handsomely. Therein lies the proverbial rub.

Since he effectively resigned from office by announcing his candidacy, Sanchez has sat in on one meeting of the court under the "holdover" provision of the Texas Election Code. He can remain in that condition (and vote) until Sepulveda names his replacement. We understand that representatives of various power brokers have already beaten a path to his door. 

Among those are people associated with City of Brownsville Mayor Tony Martinez and representatives of Texas Democratic party Chairman Gilberto Hinojosa.

Meanwhile, back at the ranch, the commissioners are considering establishing the countywide TRZ that would put millions of extra dollars in the CCRMA coffers. Sepulveda just happens to be the CEO of the CCRMA at a $230,000 salary not paid by the county. If the TRZ proposal is passed by the commissioners, he (and his CCRMA budget) will profit directly (if not handsomely). 

In the previous meeting of Nov. 3, Sanchez and Pct. 3 commissioner David Garza spoke out in favor of the TRZ, as did Sepulveda, by the way. In tomorrow's meeting, Sanchez – as a "holdover" – will be allowed to vote. He already attended a special meeting Nov. 12 where he cast votes on items on the special and supplemental agenda items. 

The CCRMA got its initial funding from a $10 surcharge on vehicle registration fees (las placas) staring in 2007-2008 until today. If they get the TRZ passed by the court, they will get those monies in addition to the millions from county license plates they already receive. Below is the "take" from the county even without the passage of the TRZ. A passage of the countywide TRZ would ties the hands of countless county commissioners courts to come and place the CCRMA funds in the hands of a non-elected board.  

Below is an eye-opening view of the "take.":

Lic. Tags:

2007-2008: $896,913

2008-2009: $2,189,945

2009-2010: $2,516,338

2010-2011: $2,725,570

2011-2012: $2,800,570

2012-2013: $2,828,020

2014-2015: $2,905,980

Total: $19,785,142

Ad the take from the existing TRZs ($708,532) and county property owners and motorists have given the CCRMA a tidy $20, 493,674.

County values have gone up between 2.8 to 3.5 percent in the last three years. This has resulted in an increase of some $1,126,395 to the county's general fund. If the TRZ was adopted using 2015 as a benchmark, the CCRMA stood to get an additional $281,000 a year.

However, if only three of the planned five LNG companies come in, that means an estimated $10 billion in value of which the county would get $39,929,100 in taxes and the CCRMA would rake in $9,982,275 every year at 25 percent, not including the license tag money.

That's why most observers don't believe that the commissioners will pass a tax abatement to the LNG plants since neither the county nor the CCRMA would get any money.

Will Sepulveda keep Sanchez on board until he feathers his CCRMA nest?