Bailey pushes back on Abbott tax message

Commissioner Rick Bailey pushed back this week against Gov. Greg Abbott’s criticism of local government spending, arguing that state mandates, population growth and rising costs are driving much of Johnson County’s increased property tax burden.

His comments followed the Johnson County Commissioners Court’s recent adoption of a property tax rate of 41.7 cents per $100 of valuation for the new fiscal year, up from 38.9 cents the previous year.

County Judge Chris Boedeker said inflation and current economic conditions contributed to the increase.

“Other banner items that led to the [increase] came about because our health insurance coverage costs are going to increase by about $2 million per year,” Boedeker said. “We’re also anticipating decreases in our jail lease revenue numbers of about $3 million in the coming year.”

Historically, the county has generated revenue by leasing jail space for inmates from other jurisdictions. As Johnson County’s own inmate population has increased, however, fewer beds have been available to lease.

Bailey added that the new tax rate, like last year’s, includes a 1-cent increase related to $60 million in transportation bonds approved by voters two years ago.

Bailey, who has frequently criticized what he views as attempts by state leaders to erode local control, then turned his attention to Abbott’s recent property tax proposals and messaging.

“The vicious attack that our governor is putting out needs to be addressed,” Bailey said. “It’s basically smoke and mirrors, if you will.

“There’s so many things in Abbott’s messaging that are really deceiving to the state of Texas, and I’ll call him out on it, and I plan to do so.”

Bailey said his concern goes beyond a personal disagreement with the governor.

“The way the governor is calling this out all across the state and blaming local governments for higher property taxes is a lie,” Bailey said. “And I’m sitting here to tell you so, and it’s just wrong. To have those kind of messages with that kind of power and money and to throw this kind of nonsense out is just wrong.”

Abbott has publicly argued that local governments must restrain spending as part of efforts to reduce property taxes. Under current Texas law, the voter-approval tax rate for most cities and counties generally allows for 3.5% growth in property tax revenue for operations before an election may be required.

Bailey countered that counties face numerous state-mandated expenses that must be paid with local tax dollars.

“Hidden costs such as the fact that the county has to provide funding for indigent defense and indigent healthcare,” Bailey said. “That alone, ladies and gentlemen, equates to about $5 million per year out of our local taxpayer funds that the state requires us to do but does not reimburse and send us money for. We’ll get about 8% of it back is all.”

Texas property tax law does recognize several state-mandated county expenses, including indigent defense, indigent health care and state criminal justice mandates, when calculating certain tax-rate limits.

Bailey also pointed to rising employee health insurance costs.

“That $2 million hit in increased insurance costs we got this year, we have to go to the local taxpayer to get that,” Bailey said.

Population growth has added further pressure, Bailey said, particularly at the Johnson County Jail.

“With the jail, we used to lease out bed space to other entities, which brought in money to help offset the costs of jail operations,” Bailey said. “Now, because of population growth, we have more of our local people in jail and less of that bed space to lease out. So, we’ve lost much of that income stream.”

Bailey also criticized proposals to further restrict how much additional property tax revenue counties can collect without voter approval. The current voter-approval calculation for most cities and counties generally allows 3.5% growth in maintenance and operations revenue, subject to other provisions in state law.

“We’ve managed to live within those means,” Bailey said. “But now the governor is calling to take counties to 0%, and it’s going to be a tragedy when that happens.”

Bailey also discussed a proposal that he said would require approval from three-fourths of voters to raise county tax rates.

“Which would mean the county would have to spend $150,000 to call a special election,” Bailey said. “And then, who’s going to vote, ‘Yes, I want a tax increase?’”

Commissioners said Johnson County has historically adopted conservative budgets designed to provide public safety and other required services without unnecessary spending.

“Counties are creatures of statute,” Boedeker said. “We are created by state law and we do the things that the state instructs us to do.”

Bailey said limitations on local control, combined with Johnson County’s lack of a county sales tax, make budgeting more difficult. Texas Comptroller records show counties may adopt certain local sales taxes for property tax relief if authorized under state law.

“So, under Abbott’s proposals, when our ambulance service contract comes up for renewal, when insurance costs rise again, when we completely run out of bed space at the jail to lease, that’s going to be a serious issue for counties like ours,” Bailey said.

Bailey said further restrictions on county revenue could eventually force reductions in services, including public safety.

“Any reductions in service by this county would be a reduction in a necessary service,” Boedeker said. “I don’t think counties need to be on the cutting edge. But the things we do are important to maintaining a community that we all feel safe in.”

Bailey said proposals from Abbott and other state leaders to dramatically reduce or eliminate property taxes may appeal to voters but fail to account for the responsibilities placed on local governments.

“That all sounds good to voters,” Bailey said. “But they’re telling you that you’re going to be taxed out of your houses by your local government, which just isn’t true.”

He returned to that point later.

“Abbott’s saying the state is not the reason for your property tax increases,” Bailey said. “He’s saying it’s your local government, your counties and cities and their spending habits. Those spending habits he’s referring to are unfunded mandates by the state and unexpected costs. The message he’s giving is all wrong.”

Bailey closed with some of his sharpest criticism of Abbott, also referencing the governor’s position on data centers.

“It’s just like [Abbott’s] current stance on data centers, and we’ll see where he sits on that after November,” Bailey said. “I would just say our governor is lying to the people just to stay elected, and you can quote me on that.”

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