Agenda Packet TC 04/20/2009 - SupplementSA
L
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50
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900.00 441.00 3,026.47 110.00 19.16 2,524.50
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600.00 294.00 3,080.18 163.22 - 1,734.12
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To
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5
April 2, 2009
Number 13
REMINDER: BE SURE TO CHECK COMMITTEE ACTIONS
AND FLOOR ACTIONS
In this issue (and in the weeks ahead), readers will find “Significant Committee Actions” and
“Significant Floor Actions.” These sections of the update are extremely important because
they summarize bills that have momentum. You are encouraged to read these sections
carefully and to contact TML if you have questions or concerns.
SENATE BILL WOULD ERODE POLICE CHIEFS’
AUTHORITY
Senate Bill 2196 by Senator Tommy Williams (R–The Woodlands) would substantially erode
local control of police departments. The bill would apply to a state, county, or municipal law
enforcement agency but would not affect an agency covered by a collective bargaining or meet
and confer agreement. For all other police departments, regardless of size, S.B. 2196 would have
dramatic effects.
First, the bill would provide that a police chief may appoint only the number of “command staff”
needed to “successfully administer” the department. It is not clear how that number would be
determined or if it could be the subject of a court challenge.
Second, the bill would require each police department to adopt hiring, promotion, and
disciplinary policies that include specific criteria laid out in the bill.
2
Third, a suspended or demoted police officer would have the right to appeal a suspension or
demotion to a third party hearing examiner as described in Section 143.057 of the Local
Government Code (fire/police civil service). Under the bill, the hearing examiner could not
recommend a lesser penalty, but apparently could set the penalty aside entirely and reverse the
chief’s decision.
Fourth, the bill would provide that any person who claims to be a victim of a violation of the
bill’s provisions may bring a legal action for a declaratory judgment or an injunction, and the
district or county attorney or the Texas attorney general may bring an action against the law
enforcement agency.
S.B. 2196 would impose on virtually all police departments in the state practices and procedures
that are similar or identical to the civil service provisions in Chapter 143 of the Local
Government Code. Particularly troubling is the peace officer’s right to appeal to a third party
hearing examiner, a process that has often produced shocking results for police administrators
across the state.
Under current law, civil service can be adopted only in a city that has a population of at
least 10,000, and only by a popular vote. (The legislature established these adoption
procedures because many civil service provisions erode local control of police departments, and
such a substantial change should be put to the voters.) S.B. 2196 would impose at least one
significant civil service provision on every city, including those in which voters have rejected the
adoption of civil service.
Any city that is troubled by the provisions of S.B. 2196 should express its concerns to its
senators.
TEXAS MUNICIPAL LEAGUE MAKES CONTRIBUTION TO
TEXAS GOVERNOR’S MANSION
RESTORATION FUND
On Friday, March 27, 2009, the Texas Municipal League and its 1,110 member cities made a
$25,000 donation to the Texas Governor’s Mansion Restoration Fund.
TML President John Cook, Mayor of the City of El Paso, presented the check to Pam Willeford,
Vice Chair of the Texas Governor’s Mansion Restoration Fund, during the TML Board of
Directors meeting in Austin.
The Board voted during its December meeting to make the donation to restore the National
Historic Landmark after a fire in June 2008 nearly destroyed the mansion. Designed by
prominent architect Abner Cook in the Greek Revival style, the mansion has served as the
official residence of Texas governors and their families since 1856.
3
“Texas cities want to assist with the restoration because the Governor’s Mansion is an important
part of the heritage of all Texans,” Mayor Cook said. “We make this contribution in recognition
of city firefighters throughout our state whose professionalism is exemplified by the Austin Fire
Department’s quick and effective response that prevented the total destruction of this state
landmark so that it can be restored.”
FEDERAL STIMULUS PACKAGE UPDATES
The League’s American Recovery and Reinvestment Act (ARRA) Web page can be accessed at
www.tml.org, by clicking on “Federal Stimulus Information.” Since last week, various
information on the TML Web page has been updated, including information relating to
additional guidance released by various federal agencies on ARRA programs.
The League staff will continue to monitor the implementation of the ARRA.
RED LIGHT CAMERA LAWSUIT DISMISSED
As reported in the December 30, 2008, edition of the TML Legislative Update, those who oppose
the use of red light camera systems recently trotted out a novel argument as to why the cameras
should not be operating in Texas. Recent lawsuits allege that the Texas law governing private
investigators applies to the vendors that operate the systems, and that the law requires a vendor
that operates a camera system to obtain a license as a private investigator.
The Private Security Bureau of the Texas Department of Public Safety (which oversees
licensing) does not appear to agree with that interpretation because: (1) the city, rather than the
vendor, actually secures the evidence (the photograph); (2) the Texas Transportation Code
expressly authorizes the use of the systems; and (3) the Private Security Act exempts
photographs taken for criminal justice purposes on behalf of a governmental entity.
One of those lawsuits, Steven Bell, TXPS, Inc., and Mohammed Al Musa on behalf of others
similarly situated v. Redflex Traffic Systems, Inc., involving notices of violation issued by Plano
and Duncanville, was dismissed last week on procedural grounds by the United States District
Court for the Eastern District of Texas.
FAVORABLE DECISION FOR MUNICIPAL
ZONING AUTHORITY
A federal district court in Austin recently issued an opinion favorable to cities in the case of
NAACP et al. v. The City of Kyle. In the case, the Home Builders Association of Greater Austin,
the National Association of Homebuilders, and the National Association for the Advancement of
4
Colored People sued the City of Kyle regarding amendments to the city’s zoning and subdivision
regulations. The plaintiffs claimed that the ordinances violated the federal Fair Housing Act by
discriminating against minority homebuyers.
The ordinance amendments that formed the basis of the lawsuit included such items as:
• One single-family district that allows homes with a minimum of 1,600 square feet of
living area, on a minimum lot size of 8,190 square feet.
• Another single-family district that allows homes with a minimum of 1,200 square feet of
living area, on a minimum lot size of 6,825 square feet.
• All buildings and structures are required to have four sides of brick, stone, fiber cement
siding, or other approved masonry product.
• Each home must have an attached garage with a minimum of 480 square feet.
These regulations would not be considered overly burdensome to most observers. However, the
plaintiffs claimed that they “significantly” increase the price of entry-level homes, thus placing
them beyond the financial reach of many potential minority homebuyers. (The plaintiffs offered
speculative evidence that the possible increase in the price of an entry-level home could rise
from approximately $100,000 to $133,000.)
In attempting to show that the increased cost put the homes out of reach for minority
homebuyers, the plaintiffs submitted statistical data regarding median incomes compared to the
price of a new home in and around the city. The court concluded that the statistics were
misleading. Specifically, it held that using the plaintiffs’ “incomplete analysis” would:
Restrict municipalities’ ability to engage in zoning changes in an inflationary economy,
as any change to an ordinance that resulted in a price increase would arguably impact
minorities more than the ethnic majority in the area examined. To be persuasive, the
statistical data must reflect or predict that there will be an actual shortage of housing
available to the area’s minorities.
The provision of affordable housing should certainly be a component of land use planning.
However, the sustainability of a city through thoughtful development regulations is also
important.
The court’s decision says less about affordable housing than it does about the authority of locally
elected officials to decide what is best for their city. Certain groups continually attack municipal
building regulations because of the costs that they impose. What those groups fail to recognize
is that municipal regulations and, more importantly, services make a community viable to begin
with.
5
TML LEGISLATOR-OF-THE-MONTH FOR MARCH 2009
Senator John Carona is the TML Legislator-of-the-Month for March 2009. Mr. Carona
represents Senate District 16 which includes Dallas, Garland, Highland Park, Richardson, and
University Park.
First Elected in 1990, Senator Carona is now in his fourth term
in the Texas Senate. He serves as Chairman of the powerful
Senate Committee on Transportation and Homeland Security
and as a member of the Senate Criminal Justice, State Affairs,
and Jurisprudence committees.
Senator Carona has filed several bills of importance to cities
this session. One bill, S.B. 298, would authorize certain law
enforcement agencies to operate a temporary checkpoint to
determine whether persons operating motor vehicles are
intoxicated. He has also filed S.B. 855, which would create the
Texas Local Option Transportation Act, a local option tool with
which metropolitan areas could generate new revenue for
roadways, passenger rail service, and bridges. Under the bill,
all fees would be approved by the voters.
We hope that city leaders across Texas, and particularly those
in Senator Carona’s district, will express their appreciation to this outstanding leader.
CITY-RELATED BILLS FILED
H.B. 3078 (Deshotel) – Jury Formation: would: (1) authorize a party to request that a jury list
that is not racially or ethnically representative of the community according to the most recent
census be discarded or reorganized; and (2) require a court to make the information in a
completed jury questionnaire available to the other party not later than three days before a trial
starts.
H.B. 3212 (Edwards) – Expunction: would require a court to enter an order of expunction after
30 days in any case where the person is acquitted or pardoned or when charges are otherwise
dismissed in a specific manner.
H.B. 3244 (Riddle) – Sex Offenders: would: (1) authorize a commissioners court in a county
with a population greater than 100,000 to designate a city police chief's office as the mandatory
centralized sex offender registration site for the entire county; and (2) require a department thus
appointed to register all sex offenders in the county, regardless of specific residency, and then
report that information back to the other cities in the county. (Companion bill is S.B. 2048 by
Williams.)
6
H.B. 3290 (Chisum) – Elections: would: (1) require an election officer who determines not to
accept a voter to provide the voter with a signed statement listing the reasons for not accepting
the voter and the circumstances under which a voter may vote a provisional ballot; and (2)
require the election officer to keep a copy of the signed statement to submit to the general
custodian of election records.
H.B. 3310 (Gattis) – Property Tax: would repeal certain statutory caps on attorney’s fees that
may be awarded to a property owner following judicial appeals of appraisal arbitration orders.
H.B. 3341 (Miklos) – Transportation: would provide that: (1) certain populous counties may
create a “Transportation Development Corporation” that has the same authority as a city to
operate a public transportation system and has the powers of a regional transportation authority;
(2) the board of the corporation may call an election on the issue of authorizing a sales and use
tax for one or more public transportation system projects; (3) an authorizing city may adopt a
sales and use tax for the benefit of a corporation if the tax is approved by a majority of the voters
of the city; (4) the rate of the tax imposed must be equal to one-eighth, one-fourth, three-eighths,
one-half, five-eighths, three-fourths, or seven-eighths of one percent or one percent; (5) the rate
of a sales and use tax imposed under the bill is not counted toward the two-percent cap in any
area; (6) an authorizing city or corporation may also allow the voters to vote on a ballot
proposition to limit the period for imposition of a sales and use tax; and (7) an authorizing city or
merged corporation may also allow the voters to vote on a ballot proposition to limit the use of
the sales and use tax to a specific project.
H.B. 3454 (Otto) – Property Tax: would: (1) provide that “all available evidence” relating to
the value of property must be taken into account in appraising property; and (2) provide detailed
requirements before an appraiser may consider comparable sales, including a requirement that a
comparable sale must have been completed within 24 months of the date of the appraisal.
H.B. 3458 (Branch) – Charter Amendments: would require a city’s governing body to submit
a proposed charter amendment to an election upon receipt of a petition signed by ten percent of
the registered voters in the city. (Companion bill is S.B. 690 by Wentworth.)
H.B. 3460 (Bolton) – Mandatory Health Benefits: would require that health benefit plans
provide coverage for the diagnosis and treatment of a serious mental illness under terms at least
as favorable as those provided for the diagnosis and treatment of medical and surgical
conditions.
H.B. 3462 (T. Smith) – Transportation Funding: would provide that: (1) on October 1 of each
year, the rate of the state gasoline tax and the state diesel tax shall be adjusted to reflect any
change in the producer price index for the preceding fiscal year, and (2) money that must be used
for public roadways under the Texas Constitution or federal law and that is deposited in the state
treasury to the credit of the state highway fund may be used only: (a) to improve the state
highway system; (b) to mitigate adverse environmental effects that result directly from
7
construction or maintenance of a state highway; or (c) by the Department of Public Safety to
administer state laws relating to traffic and safety on public roads.
H.B. 3475 (J. Davis) – Peace Officers: would require a local law enforcement agency to allow
a retired peace officer of the agency, or a retired peace officer who resides in the jurisdiction of
the agency, the opportunity to annually demonstrate his/her requisite level of proficiency in order
to maintain a license to carry a concealed handgun.
H.B. 3481 (Veasey) – Expunction: would broaden the conditions under which a city police
department must expunge arrest records to include the quashing of indictments or dismissal of
certain cases. (Companion bill is S.B. 920 by Harris.)
H.B. 3484 (Coleman) – Special Districts: would, among other things, provide that: (1) a
county commissioners court has oversight authority over virtually every type of special purpose
district created or operating inside the county's boundaries (including those created by a city and
within the city’s boundaries); (2) a special purpose district may not be created inside a county's
boundaries unless the commissioners court of the county is given notice and express oversight of
the district; (3) the boundaries of a special purpose district may not be altered inside a county's
boundaries unless the commissioners court of the county is given notice of the intention to alter
the boundaries and an opportunity to comment on the alteration; and (4) bonds to be issued by or
on behalf of a special purpose district or internal district are subject to the approval of a county
commissioners court.
H.B. 3509 (Dunnam) – Commercial Driver’s Licenses: would provide that a person who
holds a commercial driver's license is disqualified from operating a commercial motor vehicle
for a certain period of time if convicted of certain traffic offenses, but only if the convictions are
for offenses committee while driving a commercial vehicle.
H.B. 3522 (Ortiz) – Public Information Act: would: (1) require a governmental body to send
to an open records requestor a copy of any written comments submitted to the attorney general
within fifteen business days of receiving a written request for information; and (2) provide that a
suit by a governmental body challenging the determination of the attorney general must be filed
in a Travis County district court.
H.B. 3550 (T. King) – Water and Sewer Utilities: would: (1) require the Texas Commission
on Environmental Quality (TCEQ) to allow a city to pay a penalty in installments; (2) authorize
the executive director of the TCEQ to set interim rates during a contested rate case before the
TCEQ; (3) authorize a city to provide sewer service without a certificate of convenience and
necessity (CCN) in certain limited cases; and (4) authorize many types of special districts to
convert to municipal utility districts (MUDs) without a hearing.
H.B. 3609 (D. Miller) – Fire Flow: would: (1) require a special utility district whose territory
includes land in the corporate limits or ETJ of a city with a population of more than 10,000 to
maintain and make available for fire protection a system that is capable of producing water
pressure sufficient for fire suppression; and (2) permit the TCEQ to revoke a CCN held by a
8
special utility district that does not provide water pressure sufficient for fire suppression to a city
with a population of 10,000 or its ETJ. (Companion bill is S.B. 2099 by Wentworth.)
H.B. 3636 (Hughes) – Elections: would prohibit the use of an electronic voting machine in an
election unless the machine: (1) has been certified or otherwise approved by means of
qualification testing by a nationally recognized test laboratory; (2) meets certain voluntary
standards developed and adopted by the Federal Election Commission, the Election Assistance
Commission, or the National Institute of Standards and Technology; and (3) creates a
contemporaneous auditable paper record copy of each electronic ballot that allows a voter to
confirm the choices the voter made through both a visual and a non-visual method. Additionally,
the bill would require an election authority using electronic voting machines to: (1) submit, at the
request of the secretary of state, complete documentation relating to all hardware, software, and
firmware components for the system, as well as all documents relating to the federal
qualification process; (2) submit a physical security plan for the system to the secretary of state
not later than the 90th day before a system using electronic voting machines will be used in an
election; (3) submit a list of all changes and modifications to the system, a training plan, and a
communication plan explaining how election officers at each polling place will communicate on
election day to the secretary of state not later than the 46th day before a system using electronic
voting machines will be used in an election; and (4) provide notice of the penalties for tampering
with an electronic voting machine in each language used at a polling place at which an electronic
voting machine is used for voting.
H.B. 3731 (Coleman) – Sales Tax: would permit a county commissioners court to adopt a
county assistance district sales tax without an election of the residents of the county.
(Companion bill is S.B. 1996 by Gallegos.)
H.B. 3735 (Coleman) – County Ordinance Authority: would provide that: (1) the
commissioners court of a county may enact ordinances to protect the public health, safety, or
welfare in the unincorporated area of the county; and (2) if an ordinance adopted under the bill
conflicts with a municipal ordinance, the municipal ordinance prevails within the city's
jurisdiction to the extent of the conflict.
H.B. 3756 (D. Howard) – Texas State Library and Archives Commission: would: (1) allow a
major resource system of libraries to expand its membership to include non-public libraries that
are operated by a unit of local government; (2) allow a library operated by a unit of local
government to become a member of a regional library system; (3) make records retention
schedules apply to records relating to the conduct of official business from periods before Texas
was a state; and (4) abolish the local government records committee, which currently reviews
and approves any changes made to local government records retention schedules. (Companion
bill is S.B. 2042 by Ellis.)
H.B. 3783 (Gattis) – Court Fees: would increase the current municipal court jury fee from $3
to $10 and eliminate the jury request withdrawal fee.
9
H.B. 3874 (Phillips) – Crime Laboratories and Forensic Evidence: would provide that: (1)
the Texas Forensic Science Commission shall adopt standards for all postconviction forensic
DNA testing; (2) the Department of State Health Services (DSHS) by rule shall establish an
accreditation process for crime laboratories and other entities conducting forensic analyses of
physical evidence for use in criminal proceedings; and (3) in consultation with the Texas
Forensic Science Commission, the DSHS shall establish a DNA laboratory audit program to
conduct periodic unannounced audits of DNA laboratories that conduct forensic analyses of
physical evidence for use in criminal proceedings.
H.B. 3881 (Alonzo) – Expunction: would expand the conditions under which a city police
department could be ordered by a district court to expunge records and files relating to a certain
arrest.
H.B. 3904 (Paxton) – Public Information Act: would require a person who has a special right
of access to certain information to provide evidence to a city’s officer for public information that
the person has such a special right of access.
H.B. 3912 (Madden) – Red Light Cameras: would authorize the attorney general to enforce
the state statute regulating the minimum change interval for a yellow light in an intersection
where a photographic traffic monitoring system is in place.
H.B. 3917 (W. Smith) – Transportation: would create the Texas Local Participation
Transportation Program to encourage “local project sponsors” (e.g., a city, county, regional
mobility authority, or regional tollway authority) to participate in pass-through toll transportation
projects. Specifically, the bill would provide that: (1) the Texas local participation transportation
fund is created as a dedicated account in the state’s general revenue fund; (2) the fund is
composed of money transferred to the fund at the direction of the legislature; gifts and grants
contributed to the fund; interest and earnings received from investments of money in the fund;
and money repaid by a local project sponsor under a loan made under the bill; (3) the state
comptroller shall administer a program to encourage local project sponsors to participate in the
delivery of eligible projects by providing the sponsors disbursements from the fund; (4) the
comptroller shall develop a process for certifying the eligibility of transportation projects
nominated by local project sponsors for disbursements from the fund; (5) a local project sponsor
must submit a proposed plan for funding a project that, among many other things, specifically
identifies the contribution of local sources to the total project cost; (6) an eligible project may not
receive more than 50 percent of the total project cost from the fund; and (7) for purposes of
determining the amount contributed by local sources to the total project cost, a local project
sponsor may include funds on hand, ad valorem taxes, local option taxes or fees dedicated to the
project, economic development grants, other project-specific gifts and grants, and, if the project
is planned as a toll facility, toll revenues. (Companion bill is S.B. 1383 by Carona.)
H.B. 3956 (C. Turner) – Economic Development Corporations: would permit the
expenditure of 4A economic development sales tax revenue on certain college scholarships and
job training.
10
H.B. 3965 (Dunnam) – Property Tax: would amend the community housing development
organization (CHDO) property tax exemption by automatically granting the exemption for
certain equipment installed under a contract with a governmental entity for the capture and
conversion of certain waste, including gas, on or from public property.
H.B. 3966 (Dunnam) – Property Tax: would allow for the granting and proration of
homestead property tax exemptions during the same year the owner qualifies for the exemption.
H.B. 3970 (Dunnam) – Cable Franchises: would provide that: (1) beginning September 1,
2009, a cable service provider or a video service provider that currently has or had previously
received a municipal franchise to provide cable service or video service may elect to terminate
that municipal franchise and seek a state-issued certificate of franchise authority by providing
written notice to the Public Utility Commission and the affected city before January 1, 2010, and
that the municipal franchise is terminated on the date the commission issues the state-issued
certificate of franchise authority; (2) a cable service provider that elects to terminate an existing
municipal franchise is responsible for remitting to the affected city any accrued but unpaid
franchise fees due under the terminated franchise; (3) a cable service provider or video service
provider that has been granted a state-issued certificate of franchise authority may not deny
access to service to any group of potential residential subscribers in its video service area
because of the race or income of the residents in the local area in which such group resides; (4)
in a proceeding brought by an affected person, including a city, to enforce the requirements in
number 3, above, the commission may not order enforcement of the requirements if the cable
service provider or video service provider demonstrates that certain percentages of its subscribers
are low income; and (5) at the end of the first, third, fifth, and tenth years after the issuance of a
state-issued certificate of franchise authority, the holder of a state-issued certificate of franchise
authority shall provide the commission with evidence certifying compliance with number 3,
above.
H.B. 3975 (Hunter) – Waste Tire Recycling: would provide that the Texas Commission on
Environmental Quality by rule shall adopt and implement a waste tire recycling program to be
operated and enforced in the same manner that the state's former waste tire recycling program
was operated and enforced.
H.B. 4016 (Weber) – Higher Education Financing: would, among other things, provide that a
home rule city with a population of 25,000 or more that has an institution of higher education
located within its boundaries or has entered into an agreement with an institution of higher
education relating to the provision of educational services within the city by the institution of
higher education may issue public securities, including certificates of obligation, to acquire,
construct, or improve land, buildings, or other permanent improvements for use by the institution
of higher education. (Companion bill is S.B. 1952 by Jackson.)
H.B. 4062 (Gonzalez Toureilles) – Background Checks: would, among other things, authorize
the operation of video lottery games by licensed horse and greyhound racetrack operators and
certain Indian tribes. Of particular interest to cities, the bill would provide that the Department
of Public Safety or any other state or local law enforcement agency in this state, at the State
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Lottery Commission's request and in accordance with an interagency agreement, shall perform a
full criminal background investigation of a prospective racing deputy or investigator, and the
commission shall reimburse the agency for the actual costs of an investigation.
H.B. 4092 (Farrar) – Homeland Security: would designate the Department of Public Safety as
the only state agency that may determine the recipients of state and federal funds that concern
homeland security or border operations.
H.B. 4118 (Bohac) – Sex Offenders: would require a registered sex offender who does not
reside or intend to reside in a city in Texas but who is physically present in the city (or a
registered sex offender who does not have a home address after release from a penal institution)
to register with the city police department every fourteen days until the person establishes
residency.
H.B. 4120 (Coleman) – Nuisances: would provide that an odor nuisance ordinance enacted by
a city under the Texas Clean Air Act: (1) must be consistent with the Act and Texas
Commission on Environmental Quality rules and orders; (2) may not make unlawful a condition
or act approved or authorized under the Act or the commission's rules or orders; and (3) must
establish objective, ascertainable, and measurable standards for any nuisance odor restrictions.
H.B. 4147 (Rose) – Public Information Act: would provide that a newspaper of general
circulation that is published on the Internet by a news medium engaged in the business of
disseminating news or information to the public, or a magazine that is published at least once a
week or on the Internet by a news medium engaged in the business of disseminating news or
information to the general public, is exempt from the required prepayment of personnel costs
incurred by a governmental body in responding to certain requests that require large amounts of
personnel time. (Companion bill is S.B. 1629 by Wentworth.)
H.B. 4177 (Christian) – Intoxication Offenses: would require that when a peace officer takes a
driver’s license from a person suspected of an intoxication offense and issues and temporary
permit, the officer shall make a photocopy of the driver’s license and attach it to the temporary
driving permit.
H.B. 4184 (Christian) – Property Tax: would abolish all property taxes in Texas as of January
1, 2014.
H.B. 4188 (Rose) – Child Protective Services: would require an entity that receives a report of
child abuse or neglect over the telephone to maintain an audio recording of each report.
H.B. 4190 (Gonzales) – Municipal Courthouse Security Fee: would raise the municipal
courthouse security fee from $3 to $8.
H.B. 4193 (Herrero) – Joint Elections: would provide that an election for trustees of an
independent school district shall be held on the same date as: (1) the election for the members of
the governing body or other city-wide elected board of a municipality located in the school
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district; (2) the general election for state and county officers; or (3) the election for the members
of the governing body of a hospital district in certain counties.
H.B. 4207 (Giddings) – Public Information Act: would: (1) allow a city to redact the date of
birth of a current or former official or employee from any information the city publicly discloses
without the necessity of requesting a decision from the attorney general; and (2) require the
comptroller to perform an analysis of the amount and types of personally identifiable information
collected by state governmental bodies. (Companion bill is S.B. 1912 by Duncan.)
H.B. 4212 (Callegari) – Groundwater Conservation Districts: would provide that: (1) a
groundwater conservation district or a subsidence district may institute an action against any
person (including a city) in a district court in the district for injunctive relief to restrain the
person from continuing the violation or threat of violation, for an assessment and recovery of a
civil penalty, or for both injunctive relief and civil penalties; (2) at the request of the district’s
board, or the general manager if authorized by the board, the attorney general shall institute and
conduct an action against any person in the name of the district for injunctive relief or to recover
a civil penalty or both; and (3) in a suit to recover a civil penalty or a suit for injunctive relief and
a civil penalty against a political subdivision of the state or any agency thereof, if the court finds
that the political subdivision or agency has violated or is violating a provision of this chapter or a
rule, permit, or order of the district, the court shall assess a civil penalty as provided by the bill.
(Note: this bill attempts to overrule the recent appellate court decision of City of Aspermont v.
Rolling Plains Groundwater Conservation District.)
H.B. 4218 (S. Turner) – Water Rates and Services: would provide that the attorney general or
municipal attorney, as appropriate, shall represent a regulatory authority (including a city) in all
water rate and service matters before the state courts and any court of the United States.
H.B. 4232 (Ritter) – Property Tax: would provide that the community housing development
organization (CHDO) property tax exemption is not available for industrial equipment used for
the production of goods or provision of services.
H.B. 4235 (Maldonado) – Electric Transmission Lines: would provide that: (1) the Public
Utility Commission shall not grant a certificate for a transmission line if, among other things, the
line is located within certain distances of a public school building or certain cities, depending on
the voltage of the line; (2) for purposes of calculating transmission line route impact, the
commission shall consider residential lots that do not contain residential units as if the lot had a
residential unit and was occupied by residents if certain conditions are met; and (3) in selecting
route alternatives for transmission line certificates, the commission shall give preference to route
designs that place transmission structures adjacent to or within major highway corridor rights-of-
way.
H.B. 4240 (Mallory Caraway) – Red Light Cameras: would prohibit a city from imposing a
civil penalty under a photographic red light enforcement system on a vehicle that was turning
right or left at an intersection and failed to stop at a stop line or before entering the crosswalk.
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H.B. 4263 (S. Turner) – Texas Recovery Accountability and Transparency Board: would
create the Texas Recovery Accountability and Transparency Board to oversee the expenditure of
funds distributed to Texas through the American Recovery and Reinvestment Act of 2009.
H.B. 4293 (Branch) – Litigation: would: (1) require a party or amicus curiae to an action, suit,
or proceeding (not including the state, a state agency, or a state officer) to notify the attorney
general if a challenge is asserted to the validity of a state statute or rule; and (2) allow the state to
intervene in an action, suit, or proceeding to present evidence and argument on the question of
the validity of the challenged statute or rule. (Companion bill is S.B. 1162 by Hegar).
H.B. 4299 (Rose) – Rainwater Harvesting: would: (1) “encourage” all cities to promote
rainwater harvesting through incentives; (2) require a city to consider harvested rainwater as an
on-site water supply source when considering exemptions or credits against the city’s impervious
cover or density restrictions; (3) require members of certain cities’ permitting staffs to attend a
rainwater harvesting seminar to be held by the Texas Water Development Board; and (4) prohibit
a city from denying a building permit solely because a building will implement rainwater
harvesting.
H.B. 4325 (Strama) – Texas Recovery and Reinvestment Fund: would create the Texas
Recovery and Reinvestment Fund to be used to provide matching grants to entities that
successfully receive competitive grants for investments in Texas through the American Recovery
and Reinvestment Act of 2009.
H.B. 4363 (Y. Davis) – Property Tax: would permit appeals of property value equity to
appraisal review boards. (Companion bill is S.B. 2366 by Ellis.)
H.B. 4375 (Ritter) – Property Tax: would expand the list of equipment eligible to receive the
heavy equipment inventory property tax exemption to include certain equipment weighing
between 1,500 and 3,000 pounds. (Note: current law allows the exemption only for equipment
weighing over 3,000 pounds.) (Companion bill is S.B. 1640 by Harris.)
H.B. 4396 (Deshotel) – Graffiti: would: (1) authorize the state to collect a 25-cent fee for each
can of aerosol spray paint sold; and (2) use the money to help local jurisdictions with funding for
values education, anti-graffiti law enforcement, graffiti abatement, and other directly related uses
and to finance statewide efforts in graffiti prevention and prevention education.
H.B. 4402 (Martinez Fischer) – Mandatory Health Benefits: would prohibit a health benefit
plan from: (1) removing a prescription drug from coverage if an insured is taking the drug; or (2)
increasing the cost of a drug to the insured if the insured is already taking the drug.
H.B. 4411 (Taylor) – Drug Enforcement: would create a program requiring drug dealers to
register with local law enforcement agencies, similar to the sex offender registration program.
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H.B. 4496 (P. King) – Property Tax: would provide that portable oil drilling rigs are taxable at
the site on which they are located on January 1 of a tax year. (Companion bill is S.B. 949 by
Estes.)
H.B. 4514 (Coleman) – Toll Roads: would provide that, prior to proceeding with a toll
highway project, the Texas Department of Transportation must demonstrate to the legislature's
satisfaction that it has afforded meaningful involvement to, and given consideration to input
from, local elected officials and the public, and that the selected toll project is the most cost-
effective and least environmentally harmful alternative.
H.B. 4592 (Ritter) – Property Tax: would exempt from property taxes land that is leased to a
person to be used as a school.
H.B. 4606 (Guillen) – Municipal Jails: would place a city jail that contracts to house or begins
to house only federal prisoners under the jurisdiction of the Texas Commission on Jail Standards.
H.B. 4610 (Oliveira) – Electric Rates: would provide that, as an alternative to a rate case in
which all costs and revenues are considered, a regulatory authority shall allow a transmission and
distribution utility, at the transmission and distribution utility's option, to adjust its rates to ensure
timely recovery of distribution investment and operations and maintenance expense related to
distribution according to Public Utility Commission rules.
H.B. 4614 (Oliveira) – Community Land Trusts: would provide that the governing body of a
city or county by ordinance or order may create or designate one or more community land trusts
(CLTs), including a housing finance corporation or a land trust operated by a community
housing development organization certified by the city or county, to operate in the city or county.
(Note: A CLT is an affordable housing tool generally used in gentrifying areas in which the CLT
acquires title to land, sells or leases housing units located on the land, and leases the land through
ground leases with terms of at least 50 years.) Land in a CLT would be property-tax-exempt.
(Companion is S.B. 1205 by West.)
H.J.R. 124 (Hilderbran) – Parks Funding: would amend the Texas Constitution to require that
sporting goods sales taxes may be appropriated only for the funding of state and local parks.
S.B. 1018 (Deuell) – Law Enforcement: would: (1) require the Texas Commission on Law
Enforcement Standards and Education (TLCEOSE) to develop and establish rules for the
electronic submission of forms; (2) require local law enforcement agencies to submit all required
documents to TCLEOSE electronically; (3) require TLCEOSE to list the offenses for which
placement on deferred adjudication community supervision would constitute grounds for
TCLEOSE to suspend or revoke an officer’s license; and (4) require TCLEOSE to establish a
comprehensive procedure for each phase of TCLEOSE’s complaint enforcement process.
(Companion bill is H.B. 3389 by Harper-Brown).
S.B. 1611 (W. Davis) – Health Benefits: would: (1) restrict the instances under which a health
benefit plan issuer could cancel a policy; (2) place additional procedural requirements on a health
15
benefit plan issuer when it chooses to cancel a policy; (3) require a health benefit plan issuer to
continue to pay claims while a cancellation is in dispute; and (4) require a health benefit plan
issuer to pay for the costs involved in an independent review of a cancellation decision.
(Companion bill is H.B. 1748 by T. Smith.)
S.B. 1629 (Wentworth) – Public Information Act: this bill is the same as H.B. 4147 by Rose,
above.
S.B. 1714 (Hegar) – Groundwater Control Districts (GWCDs): would: (1) prohibit water in
a GWCD from being transferred outside the district for municipal use except in specific
situations; and (2) require "evidence of beneficial use" before a well could be approved by a
district.
S.B. 1733 (West) – Mandatory Health Benefits: would require a health benefit plan issuer to
provide coverage for: (1) a physical examination for the detection of prostate cancer; and (2) a
prostate-specific antigen test used for the detection of prostate cancer for each male who is at
least 40 years of age.
S.B. 1771 (Duncan) – Continuation of Health Coverage: would allow an individual whose
coverage is cancelled for certain reasons to have: (1) 60 days to sign up for continuation
coverage; (2) 30 days to pay the premium when a premium is due; and (3) continuation coverage
for eighteen months.
S.B. 1828 (Averitt) – Truck Idling: would: (1) create a new TCEQ certification for optional
idling emissions standards; and (2) exempt a truck meeting those standards from any idling
restrictions, including city ordinances. (Companion bill is H.B. 3317 by Chisum.)
S.B. 1884 (Ellis) – Security Breach Notification: would: (1) require a city to promptly
disclose a breach of system security to any individual whose personal information is believed to
have been acquired as a result of the breach; (2) allow a city to delay notification at the request
of a law enforcement agency that determines that notification will impede its investigation or
jeopardize homeland security; and (3) provide for alternate forms of notice if the cost of
providing notice would exceed $50,000 or the number of people affected exceeds 100,000.
(Companion bill is H.B. 2004 by McCall).
S.B. 1911 (Carona) – Identify Theft: would require a person, including a city, that handles
sensitive information of an individual to provide notice of a breach of the individual's data. The
bill would require that the notice: (1) be clear and, if in writing, conspicuous; (2) include a
general description of the incident; (3) describe the type of sensitive personal information
accessed and acquired; (4) include a general description of the measures the business has taken
to protect against a further breach of system security; (5) include a telephone number that the
affected person may call for further information and assistance; and (6) include a statement
advising the affected person to review account statements and access and monitor free credit
reports available to the person. The bill would also require the city to inform a consumer
16
reporting agency regarding the breach if more than 1,000 individuals' information is breached
and would provide a private right of action for breach of the bill’s provisions.
S.B. 1924 (Watson) – Workers’ Compensation: would require a city or a risk pool to: (1)
provide the same notice of workers’ compensation benefits as an insurance company, including
network requirements; and (2) receive a written acknowledgement from each employee
regarding the required notice. (Companion bill is H.B. 2198 by Solomons).
S.B. 1943 (West) – Affordable Housing: would provide, among other things, that each city
shall administer municipal programs and activities relating to housing and urban development in
a manner that affirmatively furthers the goals of fair housing. (Companion bill is H.B. 4094 by
Y. Davis.)
S.B. 2018 (Watson) – Golf Carts: would allow a city to regulate golf carts on city streets in the
same manner as it regulates neighborhood electric vehicles, including prohibiting them on
certain streets if the city finds that prohibition is necessary for the purpose of safety.
S.B. 2042 (Ellis) – Texas State Library and Archives Commission: this bill is the same as
H.B. 3756, above.
S.B. 2099 (Wentworth) – Certificates of Convenience and Necessity: this bill is the same as
H.B. 3609, above.
S.B. 2137 (Wentworth) – Lobbying: would: (1) permit certain vendors who currently file
disclosure statements with a city the option to file a lobbying report with the Texas Ethics
Commission whenever the vendor makes expenditures in relation to lobbying the city; and (2)
permit cities to use Texas Ethics Commission electronic services and software.
S.B. 2147 (Patrick) – Property Tax: would provide that property tax liens that are transferred
to third parties become inferior to other liens and encumbrances.
S.B. 2295 (Lucio) – Red Light Cameras: would require a traffic light at an intersection
equipped with photographic red light enforcement to be set to the maximum allowable yellow
change interval duration established in the Texas Manual on Uniform Traffic Control Devices.
S.B. 2311 (Averitt) – Water Infrastructure Assistance: would provide that the Texas Water
Development Board many not accept an application for a loan or grant of financial assistance
from the water infrastructure fund, the state participation account of the water development fund,
or the disadvantaged rural community water and wastewater financial assistance fund if the
applicant has failed to satisfactorily complete a request by the executive administrator or a
regional planning group for information relevant to the project.
S.B. 2332 (Duncan) – Health Benefits: would require a health benefit insurer to: (1) provide
notice to its insureds when physicians at a preferred provider hospital change from in-network to
17
out-of-network; and (2) reimburse the out-of-network physicians at a preferred provider hospital
if certain conditions are met.
H.B. 2370 (Uresti) – Mandatory Health Benefits: would increase from 25 to 29 the
mandatory age limit for dependants who may be covered under most health benefit plans.
S.B. 2372 (Ellis) – Evidence Technicians: would, among other things, provide that the state or
a political subdivision of the state may not appoint or employ a person to act as an evidence
technician and/or court clerk, unless the person has had at least eight hours of evidence
technician training as determined by the state.
S.B. 2401 (Davis) – Gas Pipeline Safety: would provide that: (1) an operator of a gas
distribution system shall promptly respond to any notification it receives of a gas leak or gas
odor emanating from any of its pipeline facilities or damage to the facilities caused by excavators
or other outside sources; (2) an operator must respond to a reported gas leak in a specified way;
(3) if the leak is determined to be “Grade 1”, which is defined in the bill, the operator shall
immediately take certain prescribed actions; (4) an operator shall submit to the Railroad
Commission a list of all Grade 1 leaks, using the commission's online reporting system, by July
15 and January 15 of each calendar year; and (5) the commission shall report its findings in
connection with the reporting under number 4, above, to the city councilmember and county
commissioner who represent the area in which the Grade 1 leak is located and the operator of the
pipeline facility where the leak occurred. (Note: Cities with gas utility systems should
carefully review the provisions of this bill.)
S.B. 2433 (Davis) – Eminent Domain/Gas Pipelines: would provide that: (1) a pipeline
operator with eminent domain authority who wants to acquire an easement for a public use on
real property owned by a city shall provide notice to the city of the proposed placement of the
pipeline; (2) not later than the 60th day after the date the pipeline operator notifies the city, the
city shall consent to the pipeline placement or suggest a feasible alternative placement for the
pipeline based on the city's comprehensive plan, corridor development and planning for the area,
transit development and planning for the area, and economic development and planning for the
area; (3) if a pipeline operator and a city are unable to agree on the placement of a pipeline, the
pipeline operator may file a condemnation petition; (4) a city that has proposed an alternative
placement for the pipeline may move that the court determine whether that proposed placement
is more reasonable than the placement proposed by the pipeline operator; and (5) a city by
ordinance may regulate the placement, inspections, construction materials, and maintenance of
gas pipelines used as gathering lines, pumps, compressors, separators, dehydration units, and
tank batteries within the city’s corporate boundaries.
S.B. 2442 (Uresti) – Property Tax: would alter the charitable organization property tax
exemption as follows: (1) provide that exempt charities must provide support to certain
beneficiaries without regard to ability to pay; and (2) allow the exemption for charities that
include training and employment in the production of commodities and charities that assist the
blind. (Companion bill is H.B. 3133 by Gallego.)
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S.B. 2482 (Harris) – Alcohol Sales: would provide specific instructions for measuring the
distance between a place of business that sells alcohol and a church, school, hospital, day care
center, or child-care facility.
S.J.R. 40 (Patrick) – Freedom of Conscience: would amend the Texas Constitution to provide
that the right to act or refuse to act in a manner that is substantially motivated by a sincerely held
religious belief may not be substantially burdened unless the government proves it has a
compelling governmental interest in infringing on the specific act or refusal to act and has used
the least restrictive means in furthering that interest. (Note: this bill could substantially impact
city zoning and other authority.)
S.J.R. 42 (Duncan) – Eminent Domain: would amend the Takings Clause of the Texas
Constitution to provide that a "public use" does not include the acquisition of a private property
interest for the primary purpose of economic development when the acquired property interest is
transferred to the benefit of a private person or entity.
S.J.R. 46 (Lucio) – Affordable Housing: would amend the Texas Constitution to provide that:
(1) the legislature may authorize the Texas Department of Housing and Community Affairs or its
successor to issue general obligation bonds of the State of Texas in an amount not to exceed
$300 million and to enter into related bond enhancement agreements; and (2) the proceeds from
the sale of the bonds shall be deposited to the credit of the housing trust fund or its successor
fund and shall be used only to provide affordable housing in accordance with law.
S.J.R. 48 (Williams) – Property Tax: would amend the Texas Constitution to permit the
legislature to provide that appraisals of residential homesteads shall be limited to the highest
possible appraised value when used only as a homestead. (Note: current law can permit appraisal
at the level of "highest and best use" of the property, which might include uses other than
residential.) (Companion legislation is H.J.R. 36 by Otto.)
S.J.R. 49 (Williams) – Property Tax: would amend the Texas Constitution to permit the
legislature to provide uniform standards and methodologies for appraising property.
SIGNIFICANT COMMITTEE ACTIONS
H.B. 528 (Vaught), requiring a municipal court to remit to the state the entire fine imposed
on a person convicted of transporting a child without a proper safety seat. Reported from
the House Criminal Jurisprudence Committee.
H.B. 806 (Gallego), requiring that health benefit plans provide coverage for prosthetics.
Reported from the House Insurance Committee.
H.B. 1290 (Oliveira), requiring that health benefit plans provide coverage for certain tests for
the early detection of cardiovascular disease. Reported from the House Insurance Committee.
19
H.B. 1511 (Otto), prohibiting cities from enforcing an ordinance that requires fire sprinkler
systems in residences under 7,500 square feet in size unless the ordinance existed prior to
January 1, 2009. Reported from the House Insurance Committee.
H.B. 1583 (Flynn), requiring that any city that contracts with a federal-level government
relations consultant shall report that fact to the Office of State-Federal Relations. Reported from
the House Border and Intergovernmental Affairs Committee. (Companion bill is S.B. 1003 by
Deuell.)
H.B. 1644 (Dukes), relating to a written admonishment that a peace officer must give to a person
charged with a misdemeanor. Reported from the House Criminal Jurisprudence Committee.
(Police chiefs and municipal court clerks should review this bill thoroughly.)
H.B. 1759 (Thompson), requiring that health benefit plans provide coverage for certain anti-
cancer medications. Reported from the House Insurance Committee.
H.B. 1998 (McCall), relating to housing and emergency shelters provided by a political
subdivision for disaster victims. Reported from the House Defense and Veterans’ Affairs
Committee.
S.B. 257 (Estes), relating to the sale or delivery of salvia divinorum to a child. Reported from
the Senate Criminal Justice Committee.
S.B. 375 (Carona), relating to the release of information in accident reports. Reported from the
Senate Transportation and Homeland Security Committee. As reported from committee, list
bill includes a lengthy list of pieces of information that may not be released (i.e., must be
redacted). Municipal court clerks and city secretaries should carefully review this bill as it
was approved by the committee.
S.B. 638 (Nichols), relating to the collateralization of public funds. Reported from the Senate
Finance Committee.
S.B. 968 (West), relating to municipal regulation of “interactive water features.” Reported from
the Senate Intergovernmental Relations Committee.
S.B. 1354 (Jackson), relating to the licensing and regulation of plumbers. Reported from the
Senate Business and Commerce Committee. As reported, this bill would: (1) allow plumbing
by someone who is not a licensed plumber in a city of less than 5,000 in a county of less
than 50,000 if the city or county has authorized non-licensed plumbing; and (2) provide
that a city that requires a plumbing contractor to have a local permit must verify, through
an Internet site, that the contractor has insurance; and (3) provide that a plumber who is
required to have a local permit need not pay a local fee. The bill’s fiscal note states that “a
local entity that does not have Internet capabilities… could incur a large expense to comply
with the provisions of the bill.”
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SIGNIFICANT FLOOR ACTIONS
H.B. 773 (Oliveira), continuing tax abatement authority until September 1, 2019. Passed the
House.
H.B. 1038 (Paxton), requiring that the appraisal of a residence homestead reflect a reduced
market value brought about by a declining economy. Passed the House.
S.B. 298 (Carona), authorizing sobriety checkpoints. Passed the Senate.
S.B. 769 (Williams), relating to the recovery by an electric utility of certain expenses relating to
weather-related events or natural disasters. Passed the Senate. (Companion bills is H.B. 1378
by Thompson.)
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part
of this document without the written authorization of the
Texas Municipal League.
April 9, 2009
Number 14
SENATE VERSION OF STATE BUDGET
WOULD IMPACT CITIES
Although the state’s budget for the next two fiscal years (the 2010-11 biennium) is far from complete, the
version adopted by the Senate gives city officials some indication of priorities in at least one chamber.
For cities, there are three priority issues in the budget: (1) the diversion of transportation-related revenue to
non-transportation spending; (2) revenue available for local parks grants; and (3) general fund revenue for
the Texas Commission on Environmental Quality (TCEQ).
Diversion of Transportation-Related Revenue
A substantial part of the transportation-related fee revenue and tax revenue generated in Texas (more than $1
billion per biennium) is removed from the “Highway Fund” to support other state activities, principally the
Department of Public Safety. The 2009 TML legislative program calls for support of legislation that “would
discontinue the diversion of transportation revenues to non-transportation purposes and appropriate all
revenues from highway user fees and taxes to fund transportation.”
The Senate version of the budget does very little to end these diversions of revenue. Some lawmakers,
however, are working on a proposed constitutional amendment that would phase out the diversions over
several years.
Local Parks Grants
Funding for local parks grants is more than 36 percent less than the funding for the 2008-09 biennium, when
a substantial one-time balance was appropriated. However, total funding is $30.7 million, nearly three times
the amount appropriated two sessions ago.
2
TCEQ Funding
As regular readers of the TML Legislative Update know, the TCEQ has proposed an increase in each of three
water-related fees. When these rules become final, municipal fees paid to the TCEQ will increase unless the
state appropriates more of its general fund revenue to support TCEQ activities.
The Senate version of the state budget does not appear to increase state funding for the TCEQ. Unless this
changes before the budget is finally adopted, the fees imposed by the TCEQ on cities will increase in July
2009. Most cities, of course, will have no option other than increasing rates charged on water and
wastewater customers. This is, once again, a shift in revenue-raising responsibility from the state to cities.
FEDERAL STIMULUS PACKAGE UPDATES
The League’s American Recovery and Reinvestment Act (ARRA) Web page can be accessed at
www.tml.org by clicking on “Federal Stimulus Information.” Since last week’s TML Legislative Update,
various information on the TML Web page has been updated, including information relating to additional
guidance released by various federal agencies on ARRA programs.
In addition, the National League of Cities (NLC) will host a Webcast titled “Implementation of the Economic
Recovery Act: The Energy Efficiency and Conservation Block Grant” on Tuesday, April 14, 2009, from
11:00 a.m. – noon (CDT). Go to www.NLCTV.org. By April 15, 2009, the webcast will be fully
archived for viewing at the same address.
The League staff will continue to monitor the implementation of the ARRA.
SIGNIFICANT COMMITTEE ACTIONS
H.B. 502 (England), providing that a local law enforcement agency is eligible for peace office training funds
only if it annually submits a detailed personnel training report to the state comptroller. Reported from the
House Public Safety Committee.
H.B. 987 (Creighton), providing that if a change order involves a decrease or increase of $50,000 or less and
is for work within the original bid, the city’s governing body may authorize an administrative official to
approve the change order. (Note: the current limit is $25,000.) Reported from the House State Affairs
Committee.
H.B. 1545 (Miklos), amending Chapter 143 of the Local Government Code (fire/police civil service) to
provide that: (1) if a civil service commission finds that a period of disciplinary suspension should be
reduced, the commission may order a reduction in the period of suspension; and (2) if the commission or a
hearing examiner orders that a suspended firefighter or police officer be restored to the position or class of
service from which the person was suspended, the firefighter or police officer is entitled to immediate
reinstatement to the position or class of service from which the person was suspended, notwithstanding any
action filed in a court by the city or department head challenging the commission’s decision. Reported from
the House Urban Affairs Committee.
3
H.B. 1831 (Corte), more narrowly and clearly identifying city officials who must receive emergency
management training. Reported from the House Defense and Veterans’ Affairs Committee.
H.B. 2113 (Walle), allowing a police officer or firefighter, in a city with more than 25,000 in population, to
treat September 11 as a paid day off if the officer substitutes another holiday or uses other paid time off and
is not required by the city to work to maintain minimum staffing levels. Reported from the House Urban
Affairs Committee.
S.B. 39 (Zaffirini), requiring health benefit plans to cover certain expenses related to clinical trials.
Reported from the House Insurance Committee.
S.B. 181 (Gallegos), relating to reentry procedures for essential personnel entering an evacuated area during
a disaster or other emergency. Reported from the Senate Intergovernmental Relations Committee.
S.B. 338 (Van de Putte), creating a “plastic checkout bag” recycling program that would preempt local
ordinances on the same topic. Reported from the Senate Business and Commerce Committee.
S.B. 769 (Williams), relating to the recovery by an electric utility of certain expenses relating to weather-
related events or natural disasters. Reported from the House State Affairs Committee. (Companion bill is
H.B. 1378 by Thompson.)
S.B. 855 (Carona), creating a variety of local-option, voter-approved funding sources for mobility
improvement projects in certain counties. Reported from the Senate Transportation and Homeland Security
Committee.
S.B. 968 (West), relating to regulating “interactive water features and fountains” that are maintained for
public recreation. Reported from the Senate Intergovernmental Relations Committee. As reported, this bill
would give cities authority over privately owned water features, but could also give the state or county
authority over any city-owned water feature.
S.B. 1320 (Wentworth), requiring that certain geospatial data (for example, a map) that has not been
prepared by a professional surveyor and is provided by a city must have a notice indicating that the data is
for “informational purposes only.” Reported from the Senate Intergovernmental Relations Committee.
S.B. 1447 (West), relating to civil remedies of health and safety ordinances. Reported from the Senate
Intergovernmental Relations Committee.
S.B. 1619 (Wentworth), providing that certain actions of a home rule city are not subject to referendum.
Reported from the Senate Intergovernmental Relations Committee.
S.B. 1732 (West), requiring the Texas Health and Human Services commission to adopt swimming pool
safety standards that are at least as stringent as federal law (the Virginia Graeme Baker Pool and Spa
Safety Act). Reported from the Senate State Affairs Committee.
S.B. 1742 (Shapiro), placing tighter restriction on the discharge of firearms in a city’s extraterritorial
jurisdictions. Reported from the Senate Intergovernmental Relations Committee.
S.B. 1947 (West), relating to the authority of two or more cities to designate a joint tax increment financing
reinvestment zone. Reported from the Senate Economic Development Committee.
4
S.J.R. 18 (Ogden), proposing a constitutional amendment that would authorize the legislature to permit the
Texas Transportation Commission to designate the area adjacent to a state highway project as a
transportation finance zone and dedicating the proceeds of the state sales tax in the zone to the Texas
Mobility Fund. Reported from the Senate Finance Committee.
SIGNIFICANT FLOOR ACTIONS
H.B. 806 (Gallego), requiring that health benefit plans provide coverage for prosthetics. Passed the House.
S.B. 39 (Zaffirini), requiring health benefit plans to cover certain expenses related to clinical trials. Passed
the Senate.
S.B. 257 (Estes), relating to the sale or delivery of salvia divinorum to a child. Passed the Senate.
S.B. 461 (Gallegos), relating to eligibility to take a firefighter entrance exam in a civil service (Chapter 143)
city. Passed the Senate.
S.B. 638 (Nichols), relating to the collateralization of public funds. Passed the Senate.
S.B. 769 (Williams), relating to the recovery by an electric utility of certain expenses relating to weather-
related events or natural disasters. Passed the House.
S.B. 872 (Lucio), relating to health benefits for certain survivors of peace officers or firefighters killed in the
line of duty. Passed the Senate. As passed, this bill provides that when a surviving spouse obtains
health coverage from the entity for which the deceased peace officer or firefighter had worked, the
spouse “may not be required to pay a premium amount for the coverage that is greater than the
premium amount that a current employee of the employing entity without a spouse is required to pay
to cover the employee alone or to cover the employee and the employee’s dependent children, as
applicable to the eligible survivor.” This would mean that if the city pays the premiums for active
employees, the surviving spouse would pay nothing for his/her coverage. Under the bill, the surviving
spouse would be eligible for this benefit until he/she is eligible for Medicare. The city would incur
costs in these relatively rare instances.
S.B. 1003 (Deuell), requiring that any city that contracts with a federal-level government relations consultant
shall report that fact to the Office of State-Federal Relations. Passed the Senate.
S.B. 1354 (Jackson), relating to the licensing and regulation of plumbers. Passed the Senate. As passed,
this bill would: (1) allow plumbing by someone who is not a licensed plumber in a city of less than 5,000 in
a county of less than 50,000 if the city or county has authorized non-licensed plumbing; and (2) provide that
a plumber who is required to have a local permit need not pay a local fee. The bill no longer provides that a
city must use the Internet to verify that a plumbing contractor has insurance.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the
Texas Municipal League.
y COMffiIItIILAatil0X3chter
April 1, 2009
Mr. Brandon Emmons
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
Re: Charter Communications, Inc. Restructuring
Dear Mr. Emmons:
Over the past few months we have been communicating with you about our
financial restructuring process. In February, Charter Communications, Inc. ("Charter"),
the ultimate parent corporation of your franchisee, announced that it had reached
agreements with certain of its key bondholders to significantly reduce its debt and
provide new capital to Charter. In order to implement the restructuring plan as
expeditiously as possible, on March 27, 2009, Charter voluntarily began a Chapter 11
reorganization process. As you may know, the Chapter I 1 process is specifically
designed to enable companies to continue to operate while they develop and implement
financial restructuring plans.
While in reorganization pursuant to Chapter 11, Charter and its subsidiaries will
continue to provide services to their customers as usual. To that end Charter sought and
obtained interim authority from the Bankruptcy Court to use its cash for normal business
operations. On March 30, 2009, Charter received interim authorization from the
Bankruptcy Court to continue paying franchise fees and amounts due under its franchise
agreements. At a hearing scheduled for April 15, 2009, Charter will seek final approval
from the Bankruptcy Court to pay such fees and amounts. Charter also received
permission from the Bankruptcy Court to continue to honor all of its current customer
programs and is seeking approval to pay all of its vendors in the normal course of
business. We are pleased to have completed these important early steps in our financial
restructuring.
The agreements between Charter and its key bondholders and principal
stockholder, Paul G. Allen, contemplate that upon completion of the reorganization,
Charter's current stock will be cancelled and replaced by new stock. Some of those
bondholders and Mr. Allen (who will continue to have the largest individual voting
interest in Charter), will be issued new voting stock in Charter in exchange for their
current claims and interests. Pursuant to the agreements, some of the bondholders will
invest $3 billion of capital in Charter to support the overall refinancing.
11720 Amber Park Dr., Suite 160 - Alpharetta, Georgia 30009
www.charfersom
Charter's current Chief Executive Officer and Chief Operating Officer, as well as
its local management and employees, are expected to remain in place. All of the cable
television franchises held by Charter entities will continue to be held by those same
entities.
In the next few weeks, Charter will provide FCC consent forms to certain local
franchise authorities whose consent to this transaction might be required by the terms of
their municipal ordinances, state law and applicable bankruptcy law. Where franchise
documents and applicable bankruptcy law indicate that consent is not required, Charter
will not be providing formal consent forms. However, you can find all of Charter's court
filed documents and regular updates on the bankruptcy case at www.kccllc.net/charter.
You may also obtain information about Charter's financial restructuring at our website at
www.charter.com.
Charter's operations are strong, and we continue to focus on enhancing our
products and services. We are a proud and dedicated team of over 16,000 employees
who are focused on delivering superior products, such as advanced video services, faster
Internet speeds, and a choice for telephone service, all at a great value and supported by a
best -in -class customer experience. Charter is committed to emerging from this process as
a stronger company. We look forward to being a valuable member of the communities we
serve and to serving our customers for many years to come.
If you have additional questions, please do not hesitate to contact me at 770-754-
5269 or Kevin Allen, Charter's Director of Government Relations, at 817-298-3597.
Sincerely,
Ad , 1� .
Marls Brown
Senior Director & Counsel
Legal & Government Affairs
Charter Communications, Inc.
�FvA/1�L
sFederal Emergency Management Agency
Washington, D.C. 20472
�`�ND SEA
CERTIFIED MAIL 1N REPLY REFER TO:
RETURN RECEIPT REQUESTED
March 25, 2009
The Honorable Nick Sanders
Mayor, Town of Trophy Clnb
100 Municipal Drive
Trophy Club, Texas 76262
Dear Mayor Sanders:
19P-N-NFP
Community: Town of Trophy Club, Texas
Community No.: 481606
Map Panels Affected: See FIRM Index
This is to formally notify you of the final Flood hazard determination for your community in compliance
with Title 44, Chapter 1, Part 67, Code of Federal Regulations. Recently, FEMA completed are -
evaluation of flood hazards within Tarrant County. Texas and Incorporated Areas, and portions of your
community were identified within Tarrant County. These portions of your conununity are shown for
informational purposes only.
Based on the flood hazard information available at this time and as shown on the Preliminary copies of the
FIRM and FIS report, FEMA has determined that your community is not subject to inundation by the base
flood within Tarrant County only. This does not preclude future SFHA designations necessitated by
changed conditions affecting your community or the availability of new scientific or technical data about
flood hazards.
'file countywide FIRM and FIS report will become effective on September 25, 2009. Before the effective
date, FEMA will send you final printed copies of the FIRM panels affecting your conununity and the FIS
report. We will provide complete sets of the FIRM panels to county officials, where they will be available
for review by your conununity.
The effects of this determination are as follows:
I. Any regulation ofthe NFIP with which your comnumity is complying remains unchanged, and no
additional conditions must be met as a condition ofyour community's participation in the NFIP.
However, your commmnity should recognize that floods larger than the base flood, do occur, and
your community should exercise care in evaluating new development that could aggravate or
create flood problems in your comnumity or in adjacent conununities.
2. The portion ofyour community within Tarrant County will be placed in Zone X (unshaded).
3. The maximum coverage available under the Regular Phase of the NFIP will continue to be
available.
The Flood Disaster Protection Act of 1973 (Public Law 93 234) and various regulations of the NFIP (42
U.S.C. Section 4001-4128) are based on base flood elevations. FEMA has determined that no Base Flood
Elevations are known to exist in your community within Tarrant County.
The FIRM panels have been computer -generated. Once the FIRM and FIS report are printed and
distributed, the digital files containing the flood hazard data for the entire county can be provided to your
community for use in a computer mapping system. These files can be used in conjunction with other
thematic data for floodplain management purposes, insurance purchase and rating requirements, and many
other planning applications. Copies of the digital files or paper copies of the FIRM panels may be
obtained by calling our Map Service Center, toll free, at 1-800-358-9616. In addition, your community
may be eligible for additional credits under our Community Rating System if you implement your activities
using digital mapping files.
If you have any floodplain management questions or questions concerning the NFIP in general, please call
Frank Pagano, Director, Federal Insurance and Mitigation Division of FEMA in Denton, Texas, at (940)
898-5127, for assistance. If YOU have any questions concerning mapping issues in general, please call our
Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). Additional information and resources your
community may find helpful regarding the NFIP and floodplain management, such as The National Flood
Insurance Program Code of Federal Revelations, Answers to Ouestions About the National Flood
Insurance Program, Frequently Asked Questions Regarding the Effects that Remised Flood Hazards have
on Existing Structure, Use of Flood Insurance Stuc(p (FIS) Data cis Available Data, and National Flood
Insurance Program Elevation Certificate and Instructions, can be found on our website at
htip://www.flooclmaps.1'eina.Qov/lfcl. Paper copies of these documents may also be obtained by calling our
Map Assistance Center.
Sincerely,
William R. Blanton Jr., CFM, Chief
Engineering Management Branch
Mitigation Directorate
cc: Community Map Repository
Mary Moore
Environmental Coordinator, Town of Trophy Club
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