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BUDGET COMMITTEE
DIVISION: Administrative Affairs DIV
#: 5 DIVISION OFFICER: Roger W. McDonald
COMMITTEE: Budget Committee
CHAIRMAN REPORTING: Roger W. McDonald
Committee Charge –
Budget and Finance.
1. Study the financial structure of
the Society.
2. Prepare and present to the Board of
Directors for their approval, a budget for the control of the expenditure
of money by the Society.
3. Review before each regular meeting
of the Board of Directors the approved budget and the record of
expenditures being made by the Society and call to the attention of the
Board of Directors any expenditure in excess of those provided for in the
budget.
4. Examine and audit the books of
accounts of the Society when requested.
The Budget committee completed its
work in February with the presentation and adoption of the budget at the
board meeting on February 5, 2005.
LEGAL COUNSEL’S REPORT
Listed below are the significant
developments which have occurred since our 2004 Annual Meeting. Upcoming
events include the Texas Title Insurance Biennial Rate Hearings and a
potential Special Session of the Texas Legislature to consider school
finance reform and related tax reform proposals.
(1)
Title Insurance –
On July 23,
2004, the Texas Department of Insurance issued its Notice of Call
requesting a detailed description of any subjects and matters that any
association, title insurance company, title insurance agent, or any member
of the public would like for the Commissioner to consider at the 2004
Title Insurance Biennial Hearing. All requests were required to be
submitted no later than September 7, 2004. On December 15, 2004, the
Commissioner of Insurance held a hearing to consider all rulemaking
proposals, which included the consideration of rules, forms, endorsements,
and related matters not having rate implications. There were no requests
which proposed changes to Rule P-2 regarding the exception to area and
boundaries. However, the Texas Land Title Association did propose a new
procedural rule/survey endorsement to insure that the surveyed land is the
same as the insured property. On August 9, 2005, the Commissioner issued
Official Order No. 05-0688 disapproving the TLTA proposal because there is
insufficient evidence of the necessity for such an endorsement given the
current language of the policy forms and the use of surveys in title
insurance coverage. The ratemaking phase of the 2004 Title Insurance
Biennial Hearing will be held after the conclusion of the 79th
Session of the Texas Legislature. TSPS filed a motion for admission as a
party for the ratemaking phase of the hearing on October 26, 2004, and was
admitted as a party via Prehearing Order No. 1 dated November 16, 2004.
It is anticipated that the 2004 ratemaking hearings will be held in
December, 2005.
(2)
Title Plants –
Over recent
years the marketplace has produced a variety of new techniques for posting
title plants. Several of these techniques involve the assembly of title
plants from electronic copies of name indices (commonly referred to as a
“grantor/grantee index”) acquired from county clerks. The developers of
these plants run the grantor/grantee indices through computer programs in
an attempt to convert them to geographic indices. The result is
electronically assembled title records which largely rely on the work
product of a county clerk. Plants produced using these techniques are
commonly referred to in the industry as “thin” plans. Current TDI
regulations governing title plants were developed before the widespread
use of computerized title plants. Accordingly, on August 31, 2004, the
Commissioner of Insurance announced that he would assemble an informal
working group to study issues raised by the emergence of so-called “thin”
title plants. TSPS was invited to participate as a member of the informal
working group. The first meeting was held on October 26, 2004.
Additional meetings may be held in the future.
Additionally, during the
Biennial rulemaking hearing that was held on December 14, 2004, the
Commissioner considered a rule proposed by a group of national title
insurance underwriters which would have adversely impacted thin title
plants. On August 9, 2005, the Commissioner issued Official Order No.
05-0688 disapproving this proposal because Departmental testing has not
revealed sufficient basis for adopting the rule at this time.
(3)
Meeting with GLO
– On November 30, 2004, representatives from TSPS met with Land
Commissioner Jerry Patterson to discuss the concept of attaching TBPLS
administratively to the GLO. Commissioner Patterson and his staff were
supportive and draft legislation was submitted for their consideration.
However, once the 79th Session of the Texas Legislature
convened in January, 2005, it became apparent that “agency
consolidation” was not going to be a priority. Accordingly, TSPS and
the GLO agreed not to pursue the matter further at this time.
(4)
79th
Legislative Session –
The 79th
Session of the Texas Legislature convened January 11, 2005, and adjourned
sine die on May 30, 2005. TSPS proposed three bills relating to
(1) design surveys (H.B. 2179), (2) civil actions for negligence against
surveyors (H.B. 854) and (3) the elimination of the sales tax on surveying
services (H.B. 748). H.B. 2179 and H.B. 854 passed. H.B. 748 did not
pass. TSPS successfully opposed legislation (H.B. 2673) which would have
eliminated the current qualification-based selection process (QBS) for
governmental entities contracting for architectural, engineering, and
surveying services. TSPS did not oppose H.B. 207 which provides that the
Texas Board of Professional Land Surveying may adopt reduced license and
renewal fees for land surveyors who are at least 65 years of age. H.B.
207 passed..B. 21 Finally, TSPS was
instrumental in obtaining additional funding for the Texas Board of
Professional Land Surveying in the amount of $87,340 for the next
biennium.
(5)
Chapter 16 Meeting
– On January 27, 2005, President Kuehlem and I attended the Chapter 16
Meeting in Amarillo to report on items of interest and respond to
questions from those in attendance.
(6)
City of Dallas
Request for Bids
– In January, 2005, the City of Dallas published a request for bids for
professional surveying services. On January 14, 2005, TSPS notified the
City of Dallas that the Texas Professional Services Procurement Act
provides that a governmental entity may not select a provider of land
surveying services, or award a contract for those services, on the basis
of competitive bids, but instead must utilize the “two-step”
selection process required by the Act. Subsequently, the request for bids
was withdrawn.
(7)
City of Round Rock
Request for Bids–
In March, 2005, the City
of Round Rock published a request for bids for professional land surveying
services. On March 24, 2005, TSPS notified the City of Round Rock that
the Texas Professional Services Procurement Act provides that a
governmental entity may not select a provider of land surveying services,
or award a contract for those services, on the basis of competitive bids,
but instead must utilize the “two-step” selection process required
by the Act. Soon thereafter TSPS received the following response from the
City of Round Rock:
Dear
Mr. Hanna,
I
believe you may have received incorrect information. The City of Round
Rock is not soliciting bids for professional land surveying services.
The RFQ
you refer to (05-013) was for:
1. Data
acquisition and database development for the following project: "GPS
Collection of Water/Wastewater Utility Features And Development of a GIS
Database"
2. Digital
mapping for the development of the following project: "Water/Wastewater
Utility Systems Mapping"
We did not request that any vendor submit a bid on these projects.
Additionally, this RFQ solicitation was cancelled on 3/23/05.
Randy
Barker
Purchasing
Supervisor
City of
Round Rock
221 East
Main Street
Round Rock,
Texas 78664
Office:
(512) 218-3295
(8)
79th
Legislature – First Called Special Session –
The First Called Special
Session convened on June 20, 2005, to consider property tax and school
finance reform. The House and Senate approved different versions of H.B.
3, which reduces property taxes, increases the general sales tax, and
makes the franchise tax applicable to 10,000 more companies. House and
Senate Conferees were unable to adjust the differences between the two
versions and the Special Session adjourned “sine die” on July 20,
2005.
(9)
79th
Legislature – Second Called Special Session –
The Governor immediately
called the Legislature back for a Second Special Session on July 21,
2005. However, no consensus could be reached on school finance and
property tax reform issues and the Second Called Special Session adjourned
“sine die” on August 20, 2005.
(10)
Subdivision
Platting Enforcement – Cherokee County –
Pat Smith and Mark Hanna
met with Bob Lemmons, General Counsel, Texas Association of Counties, to
discuss this issue on July 6, 2005. Discussions are ongoing with
appropriate professional associations and Legislators.
(11)
School Finance and
Property Tax Reform –
It is anticipated that
the Texas Supreme Court will issue its opinion regarding the
constitutionality of the State’s method for funding public education in
October, 2005. If the Court determines that the current system is
unconstitutional, we may see additional Special Sessions in 2006.
Respectfully submitted,
/ S /
Mark J. Hanna
TSPS Legal Counsel
NOMINATING
DIVISION: Administrative Affairs
DIV #: 5 DIVISION OFFICER: Roger McDonald
COMMITTEE: Nominating
CHAIRMAN REPORTING: Michael Haberer
The
Nominating committee met formally three times during the year as well as
communicating numerous times by phone and email. The committee members
were:
John Pierce
Mike Haberer
Jim Flowers
Gerry Curtis
Jerry Goodson
Robby Christopher
The committee completed
its list of candidates. Candidates were then contacted to confirm their
commitment to TSPS. After the commitments were made the attached list of
nominees was submitted. The membership has had a chance to vote on the
candidates and the final results will be announced by the Teller’s
Committee.
Charge to Committee
The Charge to this
committee to provide a viable list of qualified candidates was completed.
Respectfully submitted,
Michael
Haberer
SOUND & VIDEO
DIVISION: Administrative Affairs
DIV #: 5 DIVISION OFFICER: Roger McDonald
COMMITTEE: Sound & Video CHAIRMAN
REPORTING: Joe Higle/Butch Holland
All sound equipment is in good
condition.
Looking forward to State
Convention in Austin, Texas.
Submitted By:
Joe Higle
Butch Holland
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