“Houston, we have a problem.” This paraphrase of the 1975 message from Apollo 13 has become synonymous with recognition of a crisis situation. Fifty years ago, this crisp statement triggered the most incredible rescue effort in history. It required combined dedication from many participants to successfully recover and turn a disaster into triumph. Today, counties face a similar challenge.
The loss of oxygen on Apollo 13 threatened the continued existence of the crew and their ability to perform their duties. Today, a similar loss of essential support threatens the ability of counties to perform their duties for their citizens. Commander Lovell and his crew were dependent upon NASA to provide the tools and support to survive and complete their mission. Counties are dependent upon the legislature to provide the necessary tools for essential local services.
Under Article V, Section 18, Texas Constitution, the Commissioners Court “shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the state….” While the 1876 Constitution provides the basic structure of county government, the legislature controls the implementation of the constitutional structure through its power to adopt the laws of the state. Early decisions by the Texas Supreme Court held that counties have no independent ordinance power and must derive their authority from the constitution and statutes…