Agenda Packet TC 03/09/2009 - Supplement1
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32
59
February 19, 2009
Number 7
BILLS WOULD REQUIRE A MAILED NOTICE IN
ADDITION TO THE POSTINGS REQUIRED BY THE
OPEN MEETINGS ACT
House Bill 554 (Menendez) and its companion, S.B. 820 (Duncan), would require cities
to mail, at the cities’ expense, some council meeting notices to anyone who requests
them.
The bills relate to model building codes. The first part of each bill provides that a city
may establish a Model Building Codes Advisory Board to review and recommend the
adoption of or amendments to a building code. If the city establishes such a board, the
board must include:
1) a builder registered with the state;
2) an architect registered with the state or a building designer;
3) a commercial building contractor;
4) a building facilities manager;
5) an owner or representative of multifamily housing;
6) an owner or manager of an industrial, manufacturing, or warehouse facility;
7) a licensed engineer;
8) a licensed mechanical, electrical or plumbing engineer;
9) a heating, ventilation, and air conditioning contractor;
10) a licensed master electrician;
11) a licensed master plumber; and
12) a developer active in property development.
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It is unlikely that any small Texas city has all these people living anywhere near the city.
The second part of the bills provides that if a city doesn’t establish a Model Building
Codes Advisory Board (and, of course, most small cities couldn’t), then the city must:
1) allow any and all persons to register with the city secretary to receive written
notice from the city whenever the city will consider the adoption of, or an
amendment to, a national model code; and
2) provide such written notice at least 30 days in advance of any action by the city’s
governing body.
The bills provide no funding source for preparing or mailing the notices, even if
thousands of people register with the city secretary.
The final section of the bills provides that a code or code amendment may generally not
go into effect until 30 days have passed.
If these bills are enacted, it is likely that many other groups will want to receive written
notification of impending city council actions. Pet owners, for example, will certainly
want advance notice when the council plans to adopt or amend a leash law. Sign owners
would certainly want advance, written notice of certain actions. So would neighborhood
groups, tow truck operators, city vendors, people who water their lawns, and on and on.
In short, these bills could be impossible to carry out in small cities and extremely costly
in larger cities.
Why are the notice provisions of the Open Meetings Act not enough?
CITY-RELATED BILLS FILED
H.B. 9 (Truitt) – Transportation Funding: would enact the Texas Local Option
Transportation Act, which as filed would affect a limited number of cities. The bill
would:
1. Authorize several new transportation funding methods, including: (a) a county tax
on the sale of motor vehicle fuel, at a rate not to exceed ten cents per gallon, a rate
that would be annually adjusted according to the producer price index; (b) a local-
option mobility improvement fee in an amount not to exceed $60; (c) a parking
regulation and management fee in the amount of $1 per hour/per vehicle for use
of a parking space; (d) an annual motor vehicle emissions fee based on the
amount of pollutants released by a vehicle, not to exceed $15; (e) a fee for the
renewal of a driver's license issued to a county resident; and (f) a new resident
roadway impact fee, in an amount not to exceed $250, which would not be limited
to the uses of other impact fees in current law.
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2. Provide that the commissioners court of a county by order may call an election on
the issue of authorizing one or more funding methods under the bill for one or
more mobility or transportation improvement projects located in the county,
including passenger rail, transit, roadway, and freight rail projects.
3. Provide that the commissioners court shall call an election on the issue of
authorizing one or more funding methods under the bill on receipt of: (a) a
resolution requesting that the election be called that was adopted by the governing
bodies of at least two cities that are located partially or completely in the county
and contain at least 60 percent of the county's total population; or (b) a petition
requesting that the election be called signed by a number of registered voters of
the county equal to at least 10 percent of the total number of votes cast in the
county for all candidates for governor in the most recent gubernatorial general
election.
4. Provide that the commissioners court may not call an election without holding a
public hearing on the matter.
5. Provide that the election order and ballot must contain specific information about
each funding option and projects to be funded.
6. Provide that an election called under the bill must be held on a uniform election
date in May or November or on a general primary election date in March.
7. Limit an election under the bill to no more often than once per year.
8. Provide that the commissioners court may fund a mobility or transportation
improvement project under the bill only if the project is determined to be
necessary and appropriate by the metropolitan planning organization for the
region in which the county is located, and that the court should use its best efforts
to ensure that each project selected for inclusion on a ballot benefits contributing
political subdivisions in approximate proportion to the amount of revenue
collected from each political subdivision.
9. Provide that, at a minimum, the order imposing the method or methods of local-
option funding shall specify: (a) the rate or amount of the method or methods
approved at the election; and (b) the manner in which each method will be
administered, collected, and enforced.
10. Provide that for any method authorized by the bill, the commissioners court, after
conducting a public hearing, may by order establish an exemption, waiver, or
partial reduction for individuals of low or moderate income who demonstrate
significant financial hardship.
11. Mandate that the county establish a Local Option Transportation Fund and shall
deposit in the fund the proceeds of any funding method imposed by the county
into separate accounts.
12. Limit the use of the money in the Local Option Transportation Fund to: (a)
reimbursing or paying the costs of planning, acquiring, establishing, developing,
constructing, or renovating a mobility or transportation improvement project for
which a method of local option funding was imposed; (b) paying the principal of,
interest on, or other costs relating to bonds or other obligations issued by the
county or to refund bonds, notes, or other obligations issued by a transit or
transportation authority for a mobility or transportation improvement project for
which a method of local-option funding was imposed; (c) refunding the costs of
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operating or maintaining a mobility or transportation improvement project for
which a method of local-option funding was imposed; and; (d) funding various
other specifically enumerated items.
13. Provide that a county may not be penalized with a reduction in traditional
transportation funding because of the imposition of a method of local-option
funding under the bill.
(Companion is S.B. 855 by Carona. It is likely that legislators will attempt to broaden
the applicability of this legislation to more areas of the state.)
H.B. 1194 (Dukes) – Propane Utilities: would provide that a propane utility is
considered a “gas utility” for purposes of the Gas Utilities Regulatory Act. (Note: the
effect of the bill would be to grant a city original jurisdiction over the rates and services
of a propane utility and allow a city’s decisions to be appealed to the Texas Railroad
Commission.)
H.B. 1202 (Rose) – Property Tax: would: (1) require a person seeking a delay,
because of hardship, in payment of property taxes pending appeal to give notice of the
required court hearing to the tax collector for each taxing entity; and (2) permit a taxing
unit to intervene in the court proceeding at which the hardship is considered.
H.B. 1205 (Button) – Property Tax: would permit tax collectors to make refunds of
erroneously paid property taxes in amounts up to $5,000 without approval by the city
council in a city located in a county over 2,000,000 population. (Companion bill is S.B.
797 by Carona.)
H.B. 1206 (Vo) – Cell Phone Ban: would: (1) prohibit a driver from using a cell phone
while driving unless the vehicle is stopped or the cell phone is used with a hands-free
device; (2) create affirmative defenses for those situations in which the cell phone was
being used in an emergency; and (3) provide that the prohibition does not apply to uses in
connection with the official duties of emergency response personnel and police.
H.B. 1207 (Vo) – Cell Phone Ban: would prohibit a person from reading, writing, or
sending a text message while operating a motor vehicle, bicycle, or electric personal
assistive mobility device.
H.B. 1208 (McClendon) – Rail Relocation Funding: would provide that some of the
proceeds from the collection of state franchise and sales taxes on the purchase of taxable
items by a rail carrier shall be deposited to the credit of the Texas rail relocation and
improvement fund.
H.B. 1211 (C. Howard) – Property Tax: would reduce the annual property tax
appraisal cap from ten percent to five percent. (Note: please see H.J.R. 61, below.)
5
H.B. 1213 (Rios Ybarra) – Golf Carts: would require the commissioner of the General
Land Office to establish rules regarding the way in which a city may regulate the use of
golf carts by disabled persons on public beaches. (Companion bill is S.B. 804 by Lucio.)
H.B. 1221 (C. Howard) – Property Tax: would do the following: (1) eliminate the
requirement that appraisal value notices must include estimated tax liability based on an
application of last year’s tax rate to this year’s appraised value; (2) require tax assessors
to submit the appraisal roll to a city not later than 21 days after the date the appraisal roll
is certified to the assessor; (3) require a city to calculate its effective tax rate not later
than 30 days after it receives the certified appraisal roll from the assessor; (4) require the
person who calculates the effective tax rate to submit the rate to the city council within
five days of making the calculation; (5) require the chief appraiser, after receipt of
preliminary tax rate information by the city, to send a notice to property owners
indicating detailed proposed tax information; (6) extend from 60 to 90 days the deadline
for a city to adopt its tax rates after receiving a late certified appraisal roll; (7) provide
that if the requirements of number 5, above, are not met due to circumstances beyond the
city’s control, such as a natural disaster, the city must adopt a default property tax rate for
the year that is the lower of the effective tax rate or last year’s adopted rate; (8) eliminate
the application of the default tax rate provision in cases where the city council fails to
meet the statutory deadline for adopting a tax rate (Note: it appears that the confusing
provisions in numbers 7 and 8, above, may be unintended features of this bill); and (9)
require a city council, before giving notice of tax increase hearings, to take a record vote
on the proposal to increase taxes and that the motion for that vote must be as follows: “I
move that a proposal to increase property taxes by the adoption of a tax rate of (specify
tax rate) be placed on the agenda for the meeting to be held on (date at which the
governing body anticipates adopting the tax rate).”
H.B. 1224 (Laubenberg) – Sex Offenders: would authorize a general law city to
determine the area, surrounding a premise where children commonly gather, within
which a registered sex offender may not reside.
H.B. 1227 (Mallory Caraway) – Gas Utility Billing: would provide that a gas utility or
municipally-owned utility providing service to a retail customer may not disconnect
service or pursue any other collection options for nonpayment of a balance due before the
30th day after the date on which the statement is issued.
H.B. 1228 (Jackson) – Law Enforcement: would expand the rights of victims of felony
property offenses with regard to access to information regarding the criminal case
involving their property, including a requirement that law enforcement agencies involved
in the investigation must provide requested information regarding the case to the victim.
H.B. 1229 (C. Howard) – Property Tax: would provide that appraisal review board
members shall be appointed by the county commissioners court rather than by the
appraisal district’s board of directors as current law provides.
6
H.B. 1234 (Menendez) – Graffiti: would: (1) allow a city to require a person who sells
aerosol paint to require proof of identification before making a sale; (2) allow the city to
require that the sale be recorded in a log to be maintained for at least two years; and (3)
make it a crime for a person who purchases aerosol paint to fail to take reasonable steps
to prevent access to the paint by a minor.
H.B. 1236 (Menendez) – Court Fines: would: (1) increase the maximum fine to $4,000
for the offense of failure to yield the right-of-way to a pedestrian when the pedestrian is
disabled or visually impaired and when a collision causes serious injury or death; (2)
require offenders to complete community service in an organization that primarily serves
disabled or visually impaired persons; (3) require a court to keep separate records of the
money collected under this provision; and (4) require a court to remit ten percent of the
total fine money collected under this provision to the state.
H.B. 1245 (Brown) – Water and Sewer Ratemaking: would: (1) remove the ability of
a party appealing a ratemaking decision by a city’s governing body, including an
investor-owned water utility and utility customers in the ETJ, to request interim rates
during a ratemaking appeal to the Texas Commission on Environmental Quality (TCEQ);
and (2) permit the executive director of the TCEQ to establish interim rates during a
ratemaking appeal. (Companion bill is S.B. 719 by Nichols.)
H.B. 1247 (Jackson) – Property Tax: would: (1) provide that requests for refunds of
property tax overpayments shall be made to the tax collector rather than to the auditor as
current law requires; and (2) in a city located in a county over 2 million in population,
streamline the process for taxpayers to apply for refunds of property taxes if the amount
to be refunded does not exceed $5,000. (Companion bill is S.B. 798 by Carona.)
H.B. 1254 (Callegari) – Red Light Cameras: would require a city with a red light
camera system to attach a flashing caution light to the sign that indicates the presence of a
red light camera.
H.B. 1256 (Allen) – Elections: would require an election judge to post notice at one or
more locations at a polling place regarding whom to contact to complain about the
conduct of the election.
H.B. 1257 (Legler) – Property Tax: would permit certain small businesses (defined
generally in the bill as businesses with less than $5 million in yearly gross receipts) that
are located in a disaster area and were damaged by the disaster to pay property taxes in
four equal installments over an eight-month period.
H.B. 1260 (Hopson) – DWI Offender Registration Program: would create a DWI
offender registration program requiring, among other things, that local law enforcement
authorities must serve as the primary registration point for those individuals subject to
registration.
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H.B. 1267 (Turner) – Cell Phones: would prohibit a driver from using a wireless
communication device to read, write, or send a text message unless the vehicle is
stopped. (This bill is identical to H.B. 1179 by Chavez.)
H.B. 1268 (P. King) – Impact Fees: would provide that a school district is not required
to pay fees for an individual meter connection to a city's water or wastewater system,
unless the board of trustees of the district consents to the payment of the fees by entering
into a contract with the political subdivision that imposes the fees.
H.B. 1269 (Hughes) – Property Tax: would make certain organizations that are
engaged primarily in charitable activities (typically fraternal organizations) automatically
eligible to receive a charitable tax exemption, whereas current law requires action by the
city council or an election to grant the exemption. (Companion bill is S.B. 475 by
Wentworth.)
H.B. 1283 (Eiland) – Property Tax: would: (1) permit the owner of any property that
is located in a disaster area and is damaged by the disaster to pay property taxes in four
equal installments over an eight-month period (Note: current law only permits owners of
residential homesteads to pay in installments); and (2) lower from twelve to eight percent
the penalty on taxes paid after the due date under such an installment plan.
H.B. 1287 (Eiland) – Property Tax: would require appraisal districts to biennially
adopt a plan for the reappraisal of property following a natural disaster. (Companion bill
is S.B. 590 by Jackson.)
H.B. 1290 (Oliveira) – Mandatory Health Benefits: would require the issuer of a
health benefit plan, including a local government risk pool, to provide coverage for
certain tests for the detection of cardiovascular disease.
H.B. 1292 (Eiland) – Property Tax: would: (1) permit a city to adopt a complete
homestead property tax exemption for active duty military personnel serving at least 60
miles from their homestead for longer than six months; and (2) provide that a city adopts
the exemption either by council action or by an election called upon receipt of a petition
signed by 20 percent of the qualified voters who voted in the most recent city election.
(Note: please see H.J.R. 64, below.)
H.B. 1301 (Frost) – Firearms: would: (a) preclude an employer from prohibiting an
employee who has a concealed handgun license from transporting or storing a firearm or
ammunition in a locked, privately-owned vehicle in a parking lot, garage, or parking area
provided for employees; but (b) provide that the bill’s restriction on an employer do not
apply to a vehicle owned or leased by the employer and used by the employee, unless the
employee is required to transport or store a firearm in the course and scope of duty.
(Companion bill is S.B. 730 by Hegar.)
H.B. 1305 (Aycock) – DWI: would remove legal liability for a person who takes a blood
alcohol specimen (except in cases of negligence in the taking of the specimen) if the
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specimen is taken pursuant to a search warrant or at the request or order of a peace
officer.
H.B. 1315 (Ortiz) – Child Abuse Reports: would: (1) require a law enforcement
agency to provide reports of child abuse or neglect in response to a request from either
the child who is the subject of the reported abuse or the child’s parent or guardian, unless
the parent or guardian is alleged to have committed the abuse or neglect; (2) require a law
enforcement agency to redact any personally identifiable information regarding a victim
or witness under 18 years of age who is not the child requestor or other child of the parent
or guardian; and (3) require a law enforcement agency to redact any information that is
otherwise excepted from required disclosure under law.
H.B. 1328 (McClendon) – Property Tax: would provide that once granted, a property
tax exemption for certain solar and wind-powered energy devices located on land that
qualifies for a homestead exemption need not be reapplied for in subsequent tax years.
(Companion bill is S.B. 832 by Wentworth.)
H.B. 1338 (Leibowitz) – Retaliatory Lawsuits: would: (1) allow a person to file suit
and recover damages, including exemplary damages, against a complainant who files a
claim, in bad faith, with a governmental or quasi-governmental agency against the
person; (2) allow a complainant to recover damages, including exemplary damages, from
a person who files suit under the above provision in an effort to intimidate or harass the
complainant, when the complainant filed the complaint with the governmental or quasi-
governmental agency in good faith; and (3) disallow a cause of action against a
governmental or quasi-governmental agency in such cases.
H.B. 1341 (B. Brown) – Water and Sewer Utilities: would prohibit a city’s governing
body or other regulatory authority from considering legal expenses incurred by a non-
municipal water or sewer utility in a contested ratemaking case, or an appeal of that case,
except for certain cost reimbursements outlined in current state law.
H.B. 1342 (Menendez) – Health Benefit Plan Information: would require health
benefit plan providers, including intergovernmental risk pools, to use technology that
provides: (1) real-time information, at the point of service, concerning deductibles and
the enrollee’s potential total financial responsibility; and (2) real-time adjudication of
claims at the point-of-service. The bill also prohibits a plan from charging a fee for such
information services. (Companion bill is S.B. 863 by Harris.)
H.B. 1343 (Menendez) – Court Fines: this bill is substantially the same as H.B. 1236
by Menendez, above. (Companion bill is S.B. 647 by Van de Putte.)
H.B. 1344 (Menendez) – Texas Municipal Retirement System (TMRS): would
require the TMRS Board to establish a nine-member advisory committee. (Note: TMRS
has had an advisory committee for many years. This bill would establish the committee
in state law.)
9
H.B. 1354 (Vaught) – DWI: would allow any magistrate who is a licensed attorney to
issue a search warrant to collect a blood specimen from individuals arrested for certain
intoxication offenses.
H.B. 1360 (Anchia) – Public Information Act: would allow an attorney representing
the state to release information to defense counsel regarding a pending or reasonably
anticipated criminal case without waiving the right to assert that the information is
excepted from disclosure under the Public Information Act in the future.
H.B. 1373 (D. Howard) – Sovereign Immunity: would waive sovereign immunity to
permit nurses to sue local governments, including cities, for retaliation. (Companion bill
is S.B. 886 by Nelson.)
H.B. 1376 (Thompson) – Sales Tax: would do the following regarding intrastate
sourcing of city sales taxes: (1) eliminate sourcing at the location from which an item is
shipped if an order is placed at another location in the state that is also a place of business
of a retailer; and (2) generally source city sales taxes at the location where an order is
received when there is more than one place of business of the retailer. (Companion bill is
S.B. 852 by Patrick.)
H.B. 1377 (Thompson) – Sales Tax: would do the following regarding the reallocation
of city sales tax revenues due to a mistake: (1) reduce the statute of limitations (also
known as the “look back” provision) for reallocation of city sales taxes from four years to
one year; (2) grant cities a right to notification and hearing regarding reallocation
decisions, as well as a right of appeal to a Travis County district court; and (3) prohibit
cities from using reallocated sales tax proceeds for certain economic development grants.
(Companion bill is S.B. 851 by Patrick.)
H.B. 1378 (Thompson) – Electric Utilities: would allow an electric utility to include in
a base rate proceeding the utility’s “system restoration costs” and “self-insurance
reserves” following weather-related events or natural disasters. (Companion bill is S.B.
769 by Williams.)
H.J.R. 9 (Truitt) – Rail Funding: would provide that the state motor fuels tax may be
used for the purpose of constructing, maintaining, and operating passenger rail, transit,
and freight rail. (Companion bill is S.J.R. 24 by Carona.)
H.J.R. 61 (C. Howard) – Property Tax: would amend the Texas Constitution to permit
the legislature to reduce the property tax appraisal cap from ten percent to five percent.
(Note: please see H.B. 1211, above.)
H.J.R. 64 (Eiland) – Property Tax: would amend the Texas Constitution to do the
following: (1) permit a city to adopt a complete homestead property tax exemption for
active duty military personnel serving at least 60 miles from their homestead for longer
than six months; and (2) provide that a city adopts the exemption either by council action
10
or by an election called upon receipt of a petition signed by 20 percent of the qualified
voters who voted in the most recent city election. (Note: please see H.B. 1292, above.)
S.B. 777 (Ogden) – Law Enforcement: would require a city police department to report
information to the Texas Department of Public Safety regarding: (1) the number of
arrests the department made for intoxication offenses relating to the operation of a motor
vehicle while intoxicated; and (2) how many of those arrests resulted in a release with no
charges.
S.B. 792 (Nelson) – Sales Tax: would permit the board of directors of a fire control
district, an emergency services district, or a crime control and prevention district to repeal
the sales tax exemption on residential gas and electricity in the portion of the district that
is located in a city that has also acted to repeal the exemption.
S.B. 797 (Carona) – Property Tax: this bill is the same as H.B. 1205 by Button, above.
S.B. 798 (Carona) – Property Tax: this bill is the same as H.B. 1247 by Jackson,
above.
S.B. 801 (Hegar) – Property Tax: would move the timber production property tax
exemption from the wildlife management section of the Tax Code to the open-space
management section of the Tax Code. (Note: cities with significant numbers of timber
production property tax exemptions should examine the effect of the proposed bill.)
S.B. 804 (Lucio) – Golf Carts: this bill is the same as H.B. 1213 by Rios Ybarra,
above.
S.B. 820 (Duncan) – Building Codes: would: (1) provide that the governing body of a
city may establish a model building codes advisory board to review and recommend the
adoption of and amendment or addition to national model codes to govern the
construction, renovation, use, or maintenance of buildings and building systems in the
city; (2) mandate that the board have twelve members representing specific groups in the
city; (3) force a city that has not established a board under (1) above (or that has not
established a substantially similar advisory body) before the effective date of the bill to
provide to any person who registers with the city secretary written notice when the city
considers the adoption of or amendment or addition to an ordinance or a national model
code that is intended to govern the construction, renovation, use, or maintenance of
buildings and building systems in the city; (4) mandate that the notice be sent at least 30
days before the date the governing body takes action to consider the adoption of or
amendment or addition to an ordinance or code provision; (5) provide that, if a delay in
the adoption of or amendment or addition to an ordinance or code provision would cause
imminent harm to the health or safety of the public, the city may provide alternative
reasonable notice to each person who registers; and (6) mandate that a city that adopts an
ordinance or national model code provision that is intended to govern the construction,
renovation, use, or maintenance of buildings and building systems in the city shall delay
implementing and enforcing the ordinance or code provision for at least 30 days after
11
final adoption to permit persons affected to comply with the ordinance or code provision,
unless the delay would cause imminent harm to the health or safety of the public.
(Companion is H.B. 554 by Menendez.)
S.B. 828 (Whitmire) – Criminal Law: would provide that multiple financial
transactions must be accumulated for purposes of enhancing punishment under the
criminal offense of abuse of official capacity.
S.B. 832 (Wentworth) – Property Tax: this bill is the same as H.B. 1328 by
McClendon, above.
S.B. 851 (Patrick) – Sales Tax: this bill is the same as H.B. 1377 by Thompson, above.
S.B. 852 (Patrick) – Sales Tax: this bill is the same as H.B. 1376 by Thompson, above.
S.B. 855 (Carona) – Transportation Funding: this bill is the same as H.B. 9 by Truitt,
above.
S.B. 863 (Harris) – Health Benefit Plan Information: this bill is the same as H.B.
1342 by Menendez, above.
S.B. 873 (Harris) – Property Tax: would require an appraisal district that operates an
Internet Web site to implement a system for electronic filing of appraisal protests.
S.B. 877 (Ellis) – Mandatory Health Benefits: would generally require health benefit
plans to provide coverage for HIV tests.
S.B. 883 (Carona) – Transportation Funding: would prohibit the Texas Department of
Transportation from pledging or otherwise encumbering money deposited in the state
highway fund to: (1) guarantee a loan obtained by a public or private entity for costs
associated with a toll facility of the public or private entity; or (2) insure bonds issued by
a public or private entity for costs associated with a toll facility of the public or private
entity.
S.B. 886 (Nelson) – Sovereign Immunity: this bill is the same as H.B. 1373 by D.
Howard, above.
S.B. 894 (Nelson) – Public Funds Investment: would permit a city to invest revenues
from oil, gas, and mineral leases in any investment that is legal under the Texas Trust
Code.
S.B. 898 (Shapleigh) – Rail Funding: would, among other things, add the enhancement
of a city's ability to provide for freight or passenger rail facilities or systems to the
permissible purposes of a municipal transportation reinvestment zone.
12
S.B. 901 (Deuell) – Regulation of Health Benefit Plans: would establish procedures
under which the state would regulate the rates charged for health benefit coverage.
S.B. 907 (Williams) – Flags: would require that: (1) a U.S. flag purchased by a city
must be manufactured in the United States; and (2) a Texas flag purchased by a city must
be manufactured in Texas.
S.B. 908 (Williams) – Texas Municipal Retirement System (TMRS): would make the
following changes to the TMRS statute: (1) guarantee an annual interest credit of at least
five percent to member accounts and set the annuity purchase rate for retirees at a
minimum of five percent; (2) allow the crediting of unrealized income to certain
accounts; and (3) allow city accounts to receive annual interest at a rate different from the
member rate, including negative interest. (This bill is identical to H.B. 360 by
Kuempel.)
S.B. 922 (Harris) – Magistrates: would: (1) allow a judge to refer criminal cases to
district-court-appointed magistrates for proceedings including bail, agreed orders of
expunction, asset forfeiture hearings, agreed orders of nondisclosure, and hearings on
motions to revoke probation, as well as civil cases arising out of certain criminal
proceedings; (2) prohibit a district-court-appointed magistrate from hearing a jury trial on
the merits of a bond forfeiture; (3) allow a district-court-appointed magistrate to accept a
negotiated plea on a probation revocation, conduct a contested probation revocation
hearing, and sign a dismissal in a misdemeanor case; and (4) allow certain district-court-
appointed magistrates to issue certain types of search warrants.
S.J.R. 24 (Carona) – Rail Funding: this bill is the same as H.J.R. 9 by Truitt, above.
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.
February 26, 2009
Number 8
UPDATE ON THE FEDERAL STIMULUS PACKAGE
Many city officials have questions about what the American Recovery and Reinvestment Act
means for Texas cities. In coordination with the National League of Cities, the Texas
Municipal League is closely monitoring the implementation of the bill, but details are sketchy
at best.
The Texas House of Representatives has created a committee, the Select Committee on
Federal Economic Stabilization Funding, to monitor the Act’s implementation in Texas. The
committee met for the first time last week, and the first meeting showed that state agencies
and legislators have precious little information on how money will actually flow to the state
(or to Texas cities).
The committee chairman, Jim Dunnam (D – Waco), indicated at the meeting that a major part
of the committee’s role is ensuring that cities know what funds may be available.
According to documents obtained from the committee, it appears that the majority of the
stimulus funds will be spent on tax cuts and social services programs. However, the
following stimulus programs may be of particular interest to cities:
• Transportation – Over $2 billion for state, local, and federal highway and bridge
construction projects and certain other uses. According to the Texas Department of
Transportation (TxDOT) representatives who have provided testimony to the House
Select Committee on Federal Economic Stabilization Funding, cities will be
reimbursed for the amount spent on programs approved pursuant the Act. An
additional $1.5 billion in discretionary transportation funds will be made available to
2
local communities nationwide, but the U.S. Department of Transportation has not yet
adopted rules for the allocation of these funds.
• Transit Programs - $372 million for urban and rural capital transit. (To be allocated
according to existing Federal Transit Administration formulas.)
• Byrne Justice Assistance Grants - $140 million for law enforcement efforts to fight
crime. (To be allocated 60 percent to the state and 40 percent directly to local
entities.)
• The Act includes $13.61 billion for projects and programs administered by the
Department of Housing and Urban Development (HUD). Texas should receive
approximately $517 million of these funds. Nearly 75 percent of the funds were
allocated to state and local recipients on February 25, 2009. Those programs include
the following: (1) Community Development Block Grants; (2) Project-Based Rental
Assistance; (3) Lead Hazard Reduction/Healthy Homes; (4) Homelessness
Prevention Fund; (5) Tax Credit Assistance Program; (6) Native American Housing
Block Grant; and (7) Public Housing Capital Fund. The allocations for each program
can be viewed at www.hud.gov/recovery. The remaining 25 percent of funds will be
awarded by competition in the coming months.
• Weatherization Assistance Program - $236 million for the Weatherization
Assistance Program through the Texas Department of Housing and Community
Affairs (TDHCA.)
• HOME Program - $148 million for increasing the supply of affordable housing
through TDHCA.
• Clean Water State Revolving Fund - $181 million for the state to capitalize its low-
interest loan programs for water projects and stormwater/non-point source pollution
control projects.
• Safe Drinking Water State Revolving Fund - $164 million for the state to
capitalize its low-interest loan programs for drinking water infrastructure
improvements.
• On February 25, 2009, TxDOT released a list of projects that could be developed
using $1.2 billion in funds available to the state under the Act, as well as an
additional list of maintenance and preservation projects that would represent
approximately $500 million in stimulus money. Project lists and more information
are available on the TxDOT website, www.txdot.gov (keyword: stimulus). Citizens
may comment on TxDOT’s proposal to implement the Act through the Web site, by
fax (512-463-9896), by email (askTxDOT@dot.state.tx.us) or by writing to the
department (125 East 11th Street, Austin, Texas 78701).
3
The numbers above are estimates provided by the Texas legislative budget board and HUD,
and have not been independently verified. It is unclear at this time what action cities should
take to ensure a chance at any available funds that may be competitively awarded.
The National League of Cities (NLC) has invited any city official (including non-NLC
members) to view an online Web cast about the Act. The Web cast gives an overview of the
Act and provides access to the most current information held by NLC. To view the Web cast
and accompanying materials, please go to www.nlctv.org. Click on the “02/25/06” program
entitled “National League of Cities – The Federal Recovery Package: What’s In It for Cities
and How to Access the Resources.” You will be asked to register, but doing so is free.
TML will provide more information as it comes available.
FUNDS AVAILABLE FOR ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM
As a part of the Energy Independence and Security Act passed on December 19, 2007, the
U.S. Department of Energy was given the authority to administer the Energy Efficiency and
Conservation Block Grant (EECBG) Program. The purpose of this money is to reduce fossil
fuel emissions and improve energy efficiency through grants that will fund local initiatives,
including building and home energy conservation programs, energy audits, fuel conservation
programs, building retrofits to increase energy efficiency, “smart growth” planning and
zoning, and alternative energy programs.
Pursuant to the recent passage of the American Recovery and Reinvestment Act of 2009,
more commonly referred to as the economic stimulus package, the EECBG program has
received $3.2 billion dollars to be awarded to eligible cities. Of that amount, 68 percent
would flow to cities and counties, while 28 percent would go to the states. Cities over 35,000
in population must apply directly to the U.S. Department of Energy for grants; a city under
35,000 must apply to the state for funding under the program (each state must pass through to
local governments at least 60 percent of its share of funding). In Texas, the State Energy
Conservation Office will be administering the program but has not yet developed a method to
make the funding available.
A city with more than 35,000 inhabitants must register and apply for EECBG funds by using
the FedConnect web portal. More information on using FedConnect can be found at:
https://www.fedconnect.net/FedConnect/PublicPages/FedConnect_Ready_Set_Go.pdf.
4
APRIL IS CHILD SAFETY MONTH IN TEXAS
This April, communities across Texas will do their part to help keep children safe. Passed by
the Texas Legislature in 2007, House Bill 1045 designates April as Child Safety Month,
recognizing the need to educate the community about the problem of childhood injuries and
to disseminate information on preventative measures. Your Texas legislators encourage you
to join thousands across Texas and sponsor or take part in child safety events in April and
throughout the year to increase awareness and educate parents and children about the
importance of child safety.
For cities that are interested, the following is a sample resolution to recognize Child Safety
Month:
CITY COUNCIL RESOLUTION
WHEREAS, Children are this state’s most precious resource, and their protection and care
are the concerns of all; and
WHEREAS, Traumatic brain injury is the dominant cause of death and permanent
disability among children nationwide, and an increased public awareness of the means of
preventing these tragedies is surely a worthwhile priority; and
WHEAREAS, The risk of accidental injury and death to children can be greatly reduced
by the use of such commonsense measures as bicycle helmets, seat belts, safety and booster
seats, and smoke alarms, and disseminating helpful information about such measures is an
efficient and economical means of preserving the health and well being of our youth;
moreover, more lives can be spared if the public becomes better informed about the dangers
presented to children by unattended and unlocked vehicles; and
WHEREAS, Ensuring that the young people of our community grow up in a safe and
supportive environment is a goal that is both attainable and desirable, and we join such
public-spirited institutions as the Texas Office for Prevention of Developmental Disabilities
in seeking to further this vital mission; now, therefore, be it
RESOLVED, That the Council of [insert name of city], hereby designates April 2009 as
Child Safety Month.
5
TML LEGISLATOR-OF-THE-MONTH FOR
FEBRUARY 2009
Representative Rene Oliveira is the TML Legislator-of-the-Month for
February 2009. Mr. Oliveira represents House District 37, which
includes Brownsville, Los Fresnos, Port Isabel, Laguna Vista, and
Bayview.
Currently serving in his 13th term in the Texas House, Representative
Oliveira is Chairman of the powerful House Ways and Means
Committee and serves on the House State Affairs Committee.
Throughout his tenure, Chairman Oliveira has been instrumental in
establishing job creation tax credits and economic development
incentives. Chairman Oliveira has recently filed H.B. 773, which
would extend the authority of taxing units, including cities, to grant tax
abatements until September 1, 2021. Current authority to do so will
expire on September 1, 2009.
We hope that city leaders across Texas, and particularly those in Representative Oliveira’s
district, will express their appreciation to this outstanding lawmaker.
CITY-RELATED BILLS FILED
H.B. 1379 (Y. Davis) – Mandatory Health Benefits: would require health benefit plans to
provide coverage for HIV tests. (Companion bill is S.B. 877 by Ellis.)
H.B. 1380 (Y. Davis) – Mandatory Health Benefits: this bill is substantially the same as
H.B. 1379, above.
H.B. 1383 (Y. Davis) – Public Information Act: would provide that: (1) the home address,
home telephone number, social security number, or family member information of a current
or former employee of a governing body or a current or formal official of the governing body
is excepted from disclosure regardless of whether the individual elected to keep the
information confidential; and (2) information that could compromise the safety of a public
officer or employee is confidential if the individual applies to the governmental body’s public
information officer and asserts that disclosure of certain information could compromise the
individual’s safety, and the public information officer determines that the individual’s safety
would be compromised if such information were released to the public. (Companion bill is
S.B. 331 by Carona).
6
H.B. 1385 (Y. Davis) – Eminent Domain: would provide that the special commissioners in
a condemnation proceeding shall admit evidence on the financial injury to the property owner
including—if the condemnation makes relocation of a homestead or farm necessary—the
financial damages associated with the cost of relocating from the condemned property to
another property that allows the property owner, without the necessity of incurring additional
debt, to: (1) have a standard of living comparable to the property owner's standard of living
immediately before the condemnation; or (2) operate a comparable farm, if the condemned
property is a farm.
H.B. 1389 (Y. Davis) – Eminent Domain: would provide that: (1) the term "blighted area"
means an area that presents four or more of the following conditions for one year after a
property owner receives notice of the condition: (a) the area contains uninhabitable, unsafe,
or abandoned structures; (b) the area has inadequate provisions for sanitation; (c) there exists
at the area an imminent harm to life or other property caused by fire, flood, hurricane,
tornado, earthquake, storm, or other natural catastrophe declared to be a disaster; (d) the area
has been identified by the federal Environmental Protection Agency as a Superfund site or as
environmentally contaminated to an extent that the property requires remedial investigation
or a feasibility study; (e) the area has been the location of substantiated and repeated illegal
activity of which the property owner knew or should have known; (f) the maintenance of the
property is below county or municipal standards; (g) the property is abandoned and contains
a structure that is not fit for its intended use because the utilities, sewerage, plumbing, or
heating or a similar service or facility of the structure has been disconnected, destroyed,
removed, or rendered ineffective; or (h) the property presents an economic liability to the
immediate area because of deteriorating structures or hazardous conditions; (2) the current
statutory provisions permitting condemnation for urban renewal apply only to “blighted”
areas (as opposed to "slum" areas); (3) a municipal governing body must determine that each
unit of property (as opposed to an “area,” as provided in current law) be designated as
blighted; (4) notwithstanding any other law, an area may not be considered a blighted area on
the basis of a condition described in number (1) above unless the city has given notice in
writing to the property owner regarding the imminent harm to life or other property caused
by the condition of the property, and the property owner fails to take reasonable measures to
remedy the harm caused by the property; (5) an area may not be considered blighted solely
for aesthetic reasons; (6) the special commissioners in a condemnation proceeding shall
admit evidence on the financial injury to the property owner including—if the condemnation
makes relocation of a homestead or farm necessary—the financial damages associated with
the cost of relocating from the condemned property to another property that allows the
property owner to: (a) have a standard of living comparable to the property owner's standard
of living immediately before the condemnation; or (b) operate a comparable farm, if the
condemned property is a farm; (7) a city shall provide a relocation advisory service for an
individual, a family, a business concern, a farming or ranching operation, or a nonprofit
organization that is compatible with the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act; and (8) a city shall, as a cost of acquiring real property,
pay moving expenses and rental supplements, make relocation payments, provide financial
assistance to acquire replacement housing, and compensate for expenses incidental to the
transfer of the property if an individual, a family, the personal property of a business, a
farming or ranching operation, or a nonprofit organization is displaced in connection with the
acquisition.
7
H.B. 1399 (Guillen) – Municipal Judges: would authorize a municipal judge to conduct an
inquest into the death of a person who died in the city.
H.B. 1401 (Villarreal) – Property Tax: would do the following: (1) permit property
owners to appeal equity matters through binding arbitration; (2) establish procedures for
“expedited” appraisal arbitration that would limit argument and testimony by both sides to
one hour in length; (3) permit an arbitrator to lower a property’s value to an amount less than
the amount established by the appraisal review board (ARB) (Note: current law permits the
arbitrator to award a lower value only if the amount determined by the arbitrator is closer to
the property owner’s opinion as to the value than it is to the value determined by the ARB);
(4) extend from 45 to 60 days the deadline for a property owner to judicially appeal a final
appraisal; (5) provide that district courts may use, and shall give preference to, a “master in
chancery” in determining judicial appeals of appraisals; (6) provide that a final appraisal
order of a district court shall include mandatory mediation; (7) provide that in a district court
appeal of appraised value, there is a rebuttable presumption against the consideration of
comparable properties if the comparable would require an adjustment of more than 25
percent in value; and (8) prohibit property tax consultants from appearing at certain court
proceedings and from soliciting clients for an attorney for the purpose of certain judicial
appeals.
H.B. 1402 (Villarreal) – Taxes: would create a “select commission on periodic tax review”
and a “joint legislative tax review,” both charged with periodically reviewing all state and
local taxes and other revenue sources and making recommendations as to whether the taxes
or revenue sources should be continued or repealed.
H.B. 1407 (Geren) – Property Tax: would: (1) provide that certain affidavits in support of
a former property owner’s tax sale redemption claim are conclusive as to the facts they state;
and (2) provide that a tax assessor-collector is not liable to any person for acting in reliance
on such affidavits.
H.B. 1413 (Bohac) – Junked Vehicles: would change the definition of junked vehicle to
include a vehicle that is missing an unexpired license plate or a valid motor vehicle
inspection certificate.
H.B. 1414 (Bohac) – Elections: would: (1) require a voter to present to an election officer at
the polling place a voter registration certificate and an acceptable form of identification; (2)
modify the types of acceptable voter identification documents; (3) provide that a voter who
presents a voter registration certificate indicating that the voter is currently registered in the
precinct, but whose name is not on the precinct list of registered voters, shall be accepted for
voting if the voter’s identity can be verified from the proof presented; and (4) provide for the
acceptance of a provisional ballot only if the voter presents identification at the time the
ballot was cast or within ten business days of the election.
H.B. 1417 (Leibowitz) – Sales Tax: would exempt from sales taxes the sale of solar or
wind-powered renewable energy systems for installation at a farm or residential homestead.
8
H.B. 1418 (Rose) – Mandatory Health Benefits: would require a health benefit plan,
including a plan issued by an intergovernmental risk pool, to provide coverage for the
diagnosis and treatment of eating disorders.
H.B. 1421 (Corte) – Municipal Court Fees: would permit a city less than 850,000 in
population to use child safety court fees for general public safety and security programs.
(Companion bill is S.B. 446 by Wentworth.)
H.B. 1424 (Leibowitz) – Disannexation: would: (1) provide that a petition for
disannexation for failure to provide services may be submitted by a number of voters in an
annexed area that equals more than 50 percent of the number of voters of the area who voted
in the most recent municipal election; (2) require the city council to certify whether such a
petition is valid; (3) provide that if the petition is certified as valid, the city shall disannex the
area within 60 days after the date the petition is certified, unless within that period the city
brings a cause of action in a district court to request that the area remain annexed; and (4)
provide that the district court shall enter an order disannexing the area if the court finds that a
valid petition was filed, unless the court finds the city performed its obligations in accordance
with the service plan and state law.
H.B. 1431 (Bohac) – Sales Tax: would exempt from sales tax certain renewable energy
technology equipment and devices.
H.B. 1432 (Jackson) – Eminent Domain: would modify current-law procedures for the
repurchase of condemned property by the original owner as follows:
1. An entity with eminent domain authority shall disclose in writing to the property
owner, at the time of acquisition of the property through eminent domain, that: (a) the
former owner or the owner's heirs, successors, or assigns may be entitled to
repurchase the property under the bill’s provisions or request from the entity certain
information relating to the use of the property and any actual progress made toward
that use; and (b) the repurchase price is the price paid to the former owner by the
entity at the time the entity acquired the property through eminent domain.
2. A person from whom property is acquired by eminent domain for a public use is
entitled to repurchase the property if: (a) the public use for which the property was
acquired through eminent domain is canceled; (b) no “actual progress” is made
toward the public use for which the property was acquired between the date of
acquisition and the fifth anniversary of that date; or (c) the property becomes
unnecessary for the public use for which the property was acquired.
3. Define "actual progress" as the completion of two or more of the following actions:
(a) the performance of a significant amount of labor to develop the property; (b) the
furnishing of a significant amount of materials to develop the property; (c) the hiring
of and performance of a significant amount of work by an architect, engineer, or
surveyor to prepare a plan or plat that includes the property; (d) application for state
or federal funds to develop the property; (e) voter approval of a proposition
authorizing the issuance of bonds or other public securities or the issuance of revenue
bonds related to funding the public use project for which the property was acquired;
or (f) the acquisition of a tract or parcel of real property adjacent to the property for
the same public use project for which the owner's property was acquired.
9
4. Not later than the 180th day after the date a condemning entity determines that the
former property owner is entitled to repurchase the property, the entity shall send by
certified mail to the property owner or the owner's heirs, successors, or assigns a
notice containing certain information.
5. On or after the fifth anniversary of the date on which real property was acquired by
an entity through eminent domain, a former property owner or the owner's heirs,
successors, or assigns may request that the condemning entity make a determination
and provide a statement and other relevant information regarding, among other
things, whether the public use for which the property was acquired has been canceled
and whether any actual progress has been made toward the public use.
6. Not later than the 90th day following the receipt of the request for information
described in number 5, above, the entity shall send a written response by certified
mail to the requestor.
7. Not later than the 180th day after the date of the postmark on a notice described in
number 4, above, or a response to a request described in number 5, above, that
indicates that the former property owner or the owner's heirs, successors, or assigns is
entitled to repurchase the property interest, the former property owner or the owner's
heirs, successors, or assigns must notify the entity of the person's intent to repurchase
the property interest.
8. As soon as practicable after receipt of a notice of intent to repurchase, the entity shall
offer to sell the property interest to the person for the price paid to the owner by the
entity at the time the entity acquired the property through eminent domain.
9. The person's right to repurchase the property expires on the 90th day after the date on
which the entity makes the offer.
H.B. 1433 (Lucio) – Water Quality Fees: would increase the cap on the annual water
quality fee imposed on a city by the Texas Commission on Environmental Quality from
$75,000 to $200,000.
H.B. 1439 (Bolton) – Transportation Funding: would provide that a toll project entity may
not finance any part of the construction of a toll project using county or municipal bond
proceeds unless the use of the proceeds for the construction of the project was specifically
listed in the ballot proposition to authorize the bonds.
H.B. 1443 (Hancock) – Fire/Police Civil Service: would provide that the civil service
provision in Chapter 143 of the Local Government Code that prohibits a person who is 36
years of age or older from filling a beginning position in a civil service fire department does
not apply in a city with a population of 25,000 or less.
H.B. 1451 (Rodriguez) – Hotel Occupancy Tax: would permit the expenditure of hotel
occupancy tax revenues on affordable housing.
H.B. 1465 (Paxton) – Property Tax: would do the following: (1) require a city to join into
a tax collection lawsuit a third-party transferee of a tax lien (typically known as a “mortgage
lender”); (2) permit the mortgage lender to file for foreclosure; (3) as an alternative to
number 2 above, permit the mortgage lender to pay all taxes and interest owed to the city,
thereafter requiring the city to enter a disclaimer in the tax suit; and (4) after transfer of the
10
lien or the filing of a disclaimer, permit the mortgage lender to foreclose on the property even
if payment on any loan made by the mortgage lender to the property owner isn’t delinquent.
H.B. 1478 (Bohac) – Debt Collection: would provide that a person who provides necessary
medical treatment for a life-threatening condition and who furnishes information to a
consumer reporting agency regarding an amount owed by the patient shall be liable to the
patient for: (1) the greater of three times the amount of actual damages or $1000; (2)
reasonable attorney’s fees; and (3) court costs. (Companion bill is S.B. 977 by Ellis).
H.B. 1483 (Pitts) – Eminent Domain: would make various changes to eminent domain
laws, including (among other things) the following: (1) define a “public use” as one that
allows the state, a political subdivision, or the general public to possess, occupy, and enjoy
the property, including the specifically-enumerated public projects in current law; (2) provide
that a governmental entity may not take private property through the use of eminent domain
if the taking: (a) confers a private benefit on a particular private party through the use of the
property; (b) is for a public use that is merely a pretext to confer a private benefit on a
particular private party; (c) is for economic development purposes, unless the economic
development is a secondary purpose resulting from municipal community development or
municipal urban renewal activities, or (d) is not for a public use as defined by the bill; (3)
require a record vote with specific wording to take each parcel of land through the use of
eminent domain; (4) require an entity that wants to acquire real property for a public use to
make a “bona fide offer” to acquire the property voluntarily, and to certify in the
condemnation petition that the offer was made; (5) define “bona fide offer” as one that is not
arbitrary or capricious and is based on a reasonably thorough investigation and honest
assessment of the amount of the just compensation due to the landowner as a result of the
taking; (6) provide that if a court finds that a condemnor failed to make a bona fide offer, the
court shall abate the suit and order that an offer be made; (7) provide that if a court finds that
a condemnor filed frivolous pleadings, the condemnor shall pay the property owner’s costs
and attorney’s fees; (8) change the evidentiary standard used for determining market value to
mean “the price a property will bring when offered for sale by a person who desires to sell
the property, but is not obliged to sell the property, and is bought by a person who desires to
buy the property, but is not under a necessity to buy the property”; (9) provide that the special
commissioners shall admit, subject to the Texas Rules of Evidence, evidence on the market
value of the property before the condemnation and the net change in market value to the
remaining property, considering both injury and benefit to the property owner; (10) for
individuals or entities displaced by eminent domain, require a city to provide a relocation
advisory service that is compatible with the Federal Uniform Relocation Assistance Advisory
Program; (11) require a city, as a cost of acquiring real property, to pay moving expenses and
rental supplements, make relocation payments, provide financial assistance to acquire
replacement housing, and compensate for expenses incidental to the transfer of the property if
an individual, a family, the personal property of a business, a farming or ranching operation,
or a nonprofit organization is displaced in connection with the acquisition; (12) modify the
current provisions that allow a property owner to repurchase the property if it isn’t used by
the condemnor within ten years of the condemnation by providing that the repurchase price is
the price paid to the condemnee at the time the property was condemned, and provide that the
right is activated if the condemnor fails to begin the operation or construction of the project
in the ten-year period; (13) add additional court costs in a condemnation proceeding; (14)
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provide that a person whose property is taken by eminent domain for an easement may
construct streets or roads up to 40 feet wide over the easement; and (15) provide that, for
property condemned for the state highway system or a county toll project, the special
commissioners shall consider any diminished access to the highway and to or from the
remaining property to the extent that it affects the present market value of the real property.
(Note: this bill is the same as H.B. 402 by Woolley.)
H.B. 1491 (Driver) – Law Enforcement: would exempt police chiefs or other chief
administrators of a law enforcement agency from the regulations of the Private Security Act.
H.B. 1493 (T. King) – Elections: would allow a person who is employed at the location at
which a polling place is located to use a wireless communication device if the use of the
device is in connection with the person’s employment.
H.B. 1511 (Otto) – Fire Sprinklers: would provide that: (1) a requirement of the state or a
political subdivision that an automatic fire sprinkler system be installed in a new one-family
or two-family dwelling may not be enforced with respect to a dwelling under 7,500 square
feet in size; (2) a prospective owner of a one-family or two-family dwelling under 7,500
square feet in size in a jurisdiction in which an automatic fire sprinkler system would
otherwise be required may choose whether or not to have the system installed; (3) a builder in
a jurisdiction in which an automatic fire sprinkler system is required to be installed in any
new one-family or two-family dwelling shall offer a person with whom the builder contracts
for the construction of a new one-family or two-family dwelling under 7,500 square feet in
size the option of installing an approved automatic fire sprinkler system in accordance with
the International Residential Code; and (4) the bill does not apply to a state requirement or an
ordinance or order of a political subdivision adopted before January 1, 2009.
H.B. 1513 (W. Smith) – Construction Contracts: would provide that the Texas
Construction Fund Trust Act applies to a public construction contract, regardless of whether
the contract is covered by a statutory or common law payment bond. (Note: The Texas
Construction Trust Fund Act provides that any funds paid to a contractor, subcontractor, or
supplier are held in trust for all parties in the construction chain. It is generally designed to
protect subcontractors and suppliers from the default of a general contractor. This bill would
overturn a recent court decision, Dealers Electrical Supply Company v. Scoggins
Construction Company, Inc., which held that a supplier’s only remedy is under a
performance or payment bond.)
H.B. 1526 (Crownover) – Gas Pipelines: would provide that a common purchaser (e.g., a
gas pipeline company or gas purchaser) has the right to lay and maintain a pipeline over,
under, across, and along a public road or a municipal street or alley; and (2) a common
purchaser may exercise authority under the bill in relation to a municipal street or alley only
with the consent of and subject to the direction of the governing body of the city.
H.B. 1531 (Bolton) – Court Fines: would increase from $50 to $75 the fee charged to a
defendant when a police officer is required to execute or process an arrest warrant, capias, or
capias pro fine.
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H.B. 1534 (Burnam) – Eminent Domain: would provide that: (1) a governmental entity
with eminent domain authority that acquires property for public use or a person with eminent
domain authority that produces, gathers, transports, distributes, or sells natural gas (both
defined as a “person” under the bill) who wants to use eminent domain authority to acquire
real property shall provide, by certified mail, to the property owner a copy of any and all
existing appraisal reports produced or acquired by the person; (2) a property owner shall
provide to the acquiring person a copy of any and all existing appraisal reports produced or
acquired by the property owner relating specifically to the owner's property and used in
determining an opinion regarding value; (3) the property owner shall provide each copy
within 10 days of receipt of appraisal reports but no later than 10 days prior to the special
commissioner's hearing; (4) the initial offer to purchase made by the acquiring person must
also include: (a) a copy of the section of law detailing the information in numbers 1-3, above,
(b) a written estimate of the fair market value of the property the acquiring person is offering
to acquire or lease and the amount of damages to the property owner's remaining property, if
any, that will result from the acquisition or lease; and (c) a statement that the property owner
has a right to make a written request to the acquiring person for an appraisal of the property,
at the acquiring person's expense, and information described in number 5, below, regarding
transactions involving the acquiring person for property the acquiring person intends to use
for a similar purpose; and (5) on a property owner's written request, the acquiring person
shall disclose each appraisal report completed, offer to purchase or lease made, and
negotiated purchase or lease price paid by the acquiring person for property acquired or
leased by the acquiring person for a purpose related to the purpose for which the acquiring
person seeks to acquire or lease the property owner's property and that is adjacent to the
property owner's property.
H.B. 1535 (Burnam) – Gas Pipelines: would, in certain populous counties located over the
Barnett Shale, prevent a gas corporation from using eminent domain for the purpose of
constructing a gas pipeline unless the gas corporation applies for and receives a permit from
the Railroad Commission of Texas that authorizes the pipeline and the route of the pipeline.
H.B. 1536 (Burnam) – Gas Pipelines: would provide that a gas corporation may not
condemn or appropriate property for a project related to constructing a gathering or
transmission pipeline for transporting gas for a single producer in certain populous counties
located over the Barnett Shale.
H.B. 1537 (Burnam) – Gas Pipelines: would impose certain safety requirements on gas
pipelines in certain populous counties located over the Barnett Shale.
H.B. 1538 (Burnam) – Gas Pipelines: would provide that certain cities in certain populous
counties located over the Barnett Shale may impose safety requirements regarding gas
pipelines.
H.B. 1544 (Miklos) – Municipal Court: would require a municipal court to dispose of a
case without requiring any additional appearance by the defendant if the defendant mails or
delivers in person a plea of guilty or no contest or a waiver of jury trial at any time before the
date on which the trial is to begin.
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H.B. 1545 (Miklos) –Fire/Police Civil Service: would amend Chapter 143 of the Local
Government Code 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. (Companion bill is S.B. 1045 by Gallegos.)
H.B. 1546 (Creighton) – Property Tax: would permit the commissioners court of
Montgomery County to call a county-wide election to lower the residential property tax
appraisal cap for all taxing units in the county from ten percent to a percentage of not less
than three percent. (Note: please see H.J.R. 67, below).
H.B. 1547 (Creighton) – Property Tax: would: (1) require every appraisal district to
operate an Internet Web site; and (2) require the district to post on the Web site information
relating to homestead exemptions, the right to inspect records, and the appraisal methodology
used by the district.
H.B. 1548 (Creighton) – Property Tax: would permit the commissioners court of a county
to require that each member of an appraisal district board of directors must: (1) be a resident
of the district; (2) be an elected official of a taxing unit in the district; and (3) have resided in
the district for at least two years before taking office.
H.B. 1556 (Ortiz) – Public Safety: would direct the Texas Department of Public Safety to
create a system for cities to issue local public health and public safety alerts through the
existing system of dynamic message signs.
H.B. 1558 (Martinez Fischer) – Graffiti: would: (1) require a court to order a defendant
convicted of a graffiti offense to make restitution to the victim; (2) make changes to the way
in which graffiti restitution may be made; (3) require a court granting probation for a graffiti
offense to require community service as a condition; and (4) require a juvenile court to bar a
child found to have engaged in a graffiti offense from receiving a driver's license for a certain
period.
H.B. 1560 (Aycock) – Irrigation Systems: would remove the requirement that certain cities
must require a permit for irrigation systems built in the city's ETJ.
H.B. 1566 (England) – Natural Gas Facilities: would provide that: (1) the governing body
of a city by ordinance may adopt zoning regulations applicable to natural gas compressor
stations; (2) in adopting zoning such regulations, the governing body shall consider the
proximity of the station's location to residential areas, the height and size of the station
relative to surrounding improvements, the aesthetic compatibility of the station with the
surrounding area, and compliance with the municipality's comprehensive plan; (3) the
governing body by ordinance may adopt safety standards applicable to natural gas
compressor stations by agreement with or through certification from the United States
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Department of Transportation as provided by the federal Pipeline Safety Act; and (4) to the
extent consistent with federal law, the governing body of a municipality by ordinance may
adopt safety standards applicable only to aboveground features of natural gas compressor
stations without entering into an agreement or obtaining certification.
H.B. 1575 (Isett) – Property Tax: would do the following: (1) provide that homestead
exemptions are effective on January 1 of the tax year in which the person qualifies for the
exemption; (2) extend from one year to five years the deadline for filing certain late
homestead exemptions; (3) limit property tax appraisals to an amount based on the current
use of the property rather than the potential “highest and best use” use of the property; (4)
require appraisal notices to include additional comparative information based on the past five
years of appraisal history; (5) lower the property tax rollback rate from eight percent to five
percent; (6) provide that a city must hold a ratification election to adopt a tax rate that
exceeds the five-percent rollback rate (as opposed to current law, which requires an
election only if a petition is received from the citizens); (7) permit the electronic filing of
certain appraisal protests; (8) permit appeals of appraisals to small claims court, instead of
district court, if the amount in dispute is within the jurisdictional amount of the small claims
court; and (9) provide that decisions on appraisal appeals to small claims court are not further
appealable. (Companion bill is S.B. 700 by Patrick.)
H.B. 1576 (Isett) – Property Tax: would: (1) lower the property tax rollback rate from
eight percent to three percent; and (2) provide that a city must hold a ratification election to
adopt a tax rate that exceeds the three-percent rollback rate (as opposed to current law, which
requires an election only if a petition is received from the citizens).
H.B. 1578 (Isett) – Health Plan Reinsurance: would: (1) prohibit a reinsurer from selling
reinsurance to a self-funded health benefit plan; (2) create the “Texas Medical Reinsurance
System” under the supervision and control of the state insurance commissioner; and (3)
require all health benefit plans to purchase reinsurance from the Texas Medical Reinsurance
System.
H.B. 1583 (Flynn) – Office of State-Federal Relations: would, among other things: (1)
abolish the state’s Office of State-Federal Relations as an independent agency and transfer
the duties and functions of that agency to the office of the governor; (2) require a political
subdivision of the state to report to the office on any contract between the subdivision and a
federal lobbyist; (3) mandate that a political subdivision shall submit one report under the bill
not later than the 30th day after the date the contract is executed and a second report not later
than the 30th day after the date the contract is terminated; (4) provide that the report must
include the name of the lobbyist or firm, the issue for which the lobbyist was hired, and the
amount of compensation paid or to be paid to the lobbyist under the contract; and (5) provide
that a political subdivision contracting with a federal lobbyist before September 1, 2009,
shall, if the contract has not terminated before that date, submit a report not later than
September 30, 2009. (Companion bill is S.B. 1003 by Deuell.)
H.B. 1585 (Rose) – Property Tax: would provide a $5,000 residential homestead property
tax exemption for persons who have served as any of the following for at least one year: (1)
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volunteer firefighter, (2) volunteer EMS worker, or (3) foster parent. (Note: please see
H.J.R. 68, below.)
H.B. 1591 (Hamilton) – Sales Tax: would create a ten-day sales tax holiday in June for
certain hurricane preparation items sold in first and second-tier coastal counties.
H.B. 1606 (Branch) – Construction Manager-Agents: would apply to a governmental
entity, including a city and any entity owned by a city, and would modify the way in which
the services of a construction manager-agent are procured by providing that: (1) a person may
not engage in the practice of construction and program management as a construction
manager-agent for a governmental entity in this state unless the person holds a certificate of
registration issued under the bill by the Texas Department of Licensing and Regulation; (2) a
person must meet certain criteria prior to being registered; (3) a governmental entity may use
the construction manager-agent method for the construction, rehabilitation, alteration, or
repair of a facility in a construction project or a program of multiple construction projects; (4)
a construction manager-agent is a sole proprietorship, partnership, corporation, or other legal
entity that complies with the registration requirements of the bill and that provides
consultation to the governmental entity regarding construction, rehabilitation, alteration, or
repair of the facility; (5) a construction manager-agent is not a contractor, and a
governmental entity may not require a construction manager-agent to provide performance
and payment bonds; (6) a governmental entity using the construction manager-agent method
shall procure, in accordance with applicable law, a general contractor, trade contractors, or
subcontractors who will serve as contractors for their specific portion of the work and will
provide performance and payment bonds to the governmental entity in accordance with
applicable law; (7) a construction manager-agent may not: (a) perform any aspect of the
construction, rehabilitation, alteration, or repair of a facility; (b) be a party to a construction
subcontract; or (c) provide project bonding; and (8) the bill’s provisions would not apply to a
professional architect or professional engineer who is licensed in this state and is providing
construction or program management services as a construction manager-agent to a
governmental entity, but the firm employing the person must maintain professional liability
insurance in the amount of at least $1 million for each occurrence. (Companion bill is S.B.
1090 by Deuell.)
H.B. 1616 (Kuempel) – Impact Fees: would prohibit a city from taking an adverse action or
penalizing a school district that, pursuant to a statute passed in 2007, does not consent to
paying city impact fees. (Neither “adverse action” nor “penalize” is defined in the bill.)
H.B. 1632 (Christian) – Engineering Services: would: (1) apply to a building or other
facility that is occupied exclusively by a volunteer fire department in a county with a
population of 80,000 or less and is not routinely used by the public; and (2) exempt such a
building or facility from the requirement that the engineering plans, specifications, and
estimates have been prepared by an engineer, and the requirement that the engineering
construction is to be performed under the direct supervision of an engineer.
H.B. 1633 (Walle) – Graffiti: would require a juvenile court or a court granting community
supervision to a defendant convicted of a graffiti offense to require a juvenile defendant to
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perform a certain number of hours of community service depending on the amount of
pecuniary loss resulting from the commission of the offense.
H.B. 1634 (T. Smith) – Public Information: would make a motor vehicle accident report
and any personal identifying information contained therein confidential to all but certain
enumerated parties during the first 30 days following the accident.
H.B. 1635 (T. Smith) – Texas Residential Construction Commission (TRCC): would
abolish the TRCC and repeal section 214.906 of the Local Government Code, which requires
a city, before issuing a building permit, to verify that the builder is registered with the TRCC.
H.B. 1638 (F. Brown) – Elections: would prohibit a city from making a deduction from the
salary, wages, or accrued leave of an officer or employee of the city because that individual
serves as an election judge or clerk.
H.B. 1644 (Dukes) – Municipal Court: would require certain language to be added to
citations for class C misdemeanors and certain court proceedings.
H.B. 1648 (Menendez) – Fire/Police Civil Service: would amend Chapter 143 of the Local
Government Code to limit the way in which a civil service city may investigate a complaint
against a police officer or firefighter, including: (1) limiting to times at which a police officer
or firefighter may be interrogated; (2) not allowing interrogation of a police officer or
firefighter at his/her home; (3) specifying the individuals who may perform the investigation;
and (4) limiting the way in which an interrogation of a police officer or firefighter may be
conducted.
H.B. 1649 (Menendez) – Cell Phones: would: (1) prohibit a person under 18 years of age
from operating a motor vehicle while using a wireless communications device; (2) prohibit a
person under 17 years of age from operating a moped or motorcycle while using a wireless
communications device; (3) enhance the penalty for such an offense when the violation is
committed within a school zone; and (4) create an affirmative defense to these offenses in the
case of certain emergencies.
H.B. 1658 (P. King) – Sales Tax: would exempt from sales taxes certain
telecommunications equipment. (Note: this bill is the same as H.B. 468 by Paxton.)
H.B. 1660 (P. King) – Central Appraisal District (CAD) Board: would provide that a
CAD board shall be made up of five directors: four appointed by the county’s local
administrative judge and one elected by the county’s voters. The bill also repeals the
authority of the taxing units in the CAD to disapprove an action by the CAD board.
H.B. 1661 (P. King) – Property Tax: would provide a $60,000 residential homestead
property tax exemption for active duty military personnel. (Note: please see H.J.R. 69,
below.)
H.B. 1663 (King) – Search Warrants: would allow any magistrate who is also an attorney
to issue a search warrant for a blood specimen in intoxication offenses.
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H.B. 1669 (Callegari) – Certificates of Convenience and Necessity: would provide that:
(1) if a city refuses to provide services to property located in the city's extraterritorial
jurisdiction (ETJ), a retail public utility may apply to the Texas Commission on
Environmental Quality (TCEQ) for a certificate of public convenience and necessity (CCN)
to serve the property, and the TCEQ may grant the certificate irrespective of whether the city
consents to the certification; (2) the TCEQ may not extend a city’s CCN beyond its ETJ
without the written consent of the landowner who owns the property in which the CCN is to
be extended, and the portion of any CCN that extends beyond the ETJ without the consent of
the landowner is void; (3) as an alternative to decertification, the owner of a tract of land that
is at least 50 acres in size and that is not in a platted subdivision actually receiving water or
sewer service may petition the TCEQ for expedited release of the area from a CCN so that
the area may receive service from another retail public utility, and the fact that a CCN-holder
is a borrower under a federal loan program is not a bar to such a request; (4) a petitioner
under number 3, above, must demonstrate that a written request for service, other than a
request for standard residential or commercial service, has been submitted to the CCN-holder
identifying, among other things, the approximate cost of the alternative service and whether
the petitioner intends for fire protection to be part of the requested level of service; and (5) if
the CCN-holder has never provided service to the area the petitioner seeks to have released,
the TCEQ is not required to find that the proposed alternative provider is capable of
providing better service than the certificate holder, but only that the proposed alternative
provider is capable of providing the requested service.
H.B. 1677 (W. Smith) – Geospatial Data: would require a city to provide certain notice on
each geospatial data product that: (1) is created or hosted by the city; (2) appears to represent
property boundaries; and (3) was not produced using information from an on-the-ground
survey conducted under the supervision of a registered professional land surveyor.
H.B. 1681 (Gallego) – Sex Offenders: would permit a general law city to prohibit a
registered sex offender from going in, on, or within a specified distance of a child safety zone
within the city.
H.B. 1702 (Laubenberg) – Information Related to Bonds: would provide that: (1) at least
thirty days prior to a general obligation bond election, a city must submit to the state
comptroller, for publication on the comptroller’s Web site, information regarding the amount
of the bonds, the way in which the bond proceeds will be used, the effect of the bonds on the
tax rate, the city’s total bonded indebtedness, and more; and (2) each calendar quarter, a city
must prepare a report, for posting on the state comptroller’s Web site, detailing the city’s
bonded indebtedness.
H.B. 1715 (Gonzalez Toureilles) – Rural Economic Development: would: (1) create the
“Texas Rural Development Fund” as an account in the state’s general revenue fund; and (2)
provide that money in the account may be spent in rural areas of the state on entrepreneurship
programs, regional planning, rural leadership enhancement, and rural youth corps programs.
(Companion bill is S.B. 684 by Lucio.)
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H.B. 1720 (Bohac) – Political Advertising: would make it an offense for a city official or
employee to spend public funds on a communication describing an election measure if the
communication contains material information that the official or employee knows is false.
H.B. 1724 (Menendez) – Casinos and Gaming: would authorize: (1) the establishment of
up to twelve casinos in Texas, (2) the placement of slot machines at racetracks, and (3)
gaming on the lands of three recognized Indian tribes in Texas. A casino would be
authorized in a county only if that county’s voters approve it at an election called by the
county’s commissioners court or mandated by a citizens’ petition. Finally, the bill provides
that a casino shall pay a tax of fifteen percent of the gross gaming revenue and that one-
thirtieth of that revenue shall be allocated to the city in which the casino is located.
(Companion bill is S.B. 1084 by Ellis.)
H.B. 1726 (Chavez) – Property Tax: would modify the Super-Freeport property tax
exemption to clarify that the exemption is not available for goods stored at a warehouse that
is in “any way” owned or controlled by the owner of the goods. (Companion bill is S.B. 947
by Duncan.)
H.B. 1727 (W. Smith) – Fireworks: would provide that a city may not prohibit the transport
of fireworks in unopened and original packaging in a motor vehicle within the city limits.
H.B. 1747 (T. Smith) – Public Information: this bill is identical to H.B. 1634 (above), also
by T. Smith.
H.B. 1751 (Leibowitz) – Property Tax: would exempt from property taxes the portion of a
homestead or agricultural property that represents the value attributable to the installation of
renewable energy devices, structures, or systems that were installed after October 1, 2007.
H.B. 1753 (Leibowitz) – Graffiti: would require a child who has been found to have
engaged in a graffiti offense on multiple occasions to perform not less than 100 hours of
community service.
H.B. 1759 (Thompson) – Mandatory Health Benefits: would require the issuer of a health
benefit plan, including a local government risk pool, to provide coverage for orally
administered anticancer medication.
H.J.R. 65 (Y. Davis) – Eminent Domain: would amend the Texas Constitution to provide
that adequate compensation for the taking of property that is a homestead or farm, if the
taking makes relocation of the homestead or farm necessary, includes the cost of relocation
from the condemned property to another property that allows the property owner to: (1) have
a standard of living comparable to the property owner's standard of living immediately before
the taking, if the property taken is a homestead; or (2) operate a comparable farm, if the
property taken is a farm.
H.J.R. 67 (Creighton) – Property Tax: would amend the Texas Constitution to permit the
commissioners court of Montgomery County to call a county-wide election to lower the
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residential property tax appraisal cap for all taxing units in the county from ten percent to a
percentage of not less than three percent. (Note: please see H.B. 1546, above.)
H.J.R. 68 (Rose) – Property Tax: would amend the Texas Constitution to permit the
legislature to provide a $5,000 residential homestead property tax exemption for persons who
have served as any of the following for at least one year: (1) volunteer firefighter, (2)
volunteer EMS worker, or (3) foster parent. (Note: please see H.B. 1585, above.)
H.J.R. 69 (P. King) – Property Tax: would amend the Texas Constitution to permit the
legislature to provide a $60,000 residential homestead property tax exemption for active duty
military personnel. (Note: please see H.B. 1661, above.)
H.J.R. 70 (Menendez) – Slot Machines/Casino Gaming: would amend the Texas
constitution to, among other things, provide that all or part of the state's net revenue from the
regulation and taxation of casino gaming and slot machines shall be used to fund
transportation and to provide additional financial aid for higher education students.
(Companion bill is S.J.R. 31 by Ellis.)
H.J.R. 72 (Leibowitz) – Property Tax: would amend the Texas Constitution to permit the
legislature to exempt from property taxes certain renewable energy devices. (Note: please
see H.B. 1751, above.)
S.B. 926 (Huffman) – Red Light Cameras: would prohibit a city from imposing a civil
penalty on an emergency vehicle for running a red light that is monitored by a red light
camera. (Companion bill is H.B. 998 by Fletcher).
S.B. 927 (Huffman) – Electronic Voting Machines: would allow the attorney general, with
the consent of the local county or district attorney, to investigate and prosecute the offense of
tampering with an electronic voting machine.
S.B. 935 (Seliger) – Municipal Judges: would authorize municipal judges to perform
wedding ceremonies. (Companion bill is H.B. 423 by Guillen.)
S.B. 938 (Carona) – Street Gangs: would require: (1) certain gang members to register
with the local law enforcement agency at least annually; (2) certain gang members who
operate online businesses to register the business with the agency; and (3) a city police
department to forward all registration information to the Texas Department of Public Safety.
S.B. 942 (Wentworth) – Transportation Funding: would authorize several new local
transportation infrastructure funding options. Specifically, the bill would provide that:
1. Several transportation funding options would be available at the county level: a
county gasoline and diesel fuel tax; a county motor vehicle sales; an additional
county sales and use tax; a real estate transfer fee; an additional vehicle registration
fee; a passenger motor vehicle sales tax; a fee on each new resident of the county; a
nonresident commuter fee on nonresidents who commute into the county; a fee
based on the number of miles traveled by a motor vehicle registered to a resident of
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the county; a fee on each motor vehicle inspected in the county; and a high
congestion area fee imposed during peak traffic times in designated areas.
2. A county may exercise a funding option under the bill if the commissioners court
imposes the option or if the commissioners court calls an election and the
imposition of the option is approved by a majority of the voters of the county.
3. The ballot must designate each funding option and specify the rate or amount of
each funding option, the effective date of the imposition of each funding option,
the manner in which each funding option will be administered, collected, and
enforced, and must allow the voters to vote for or against each funding option
separately.
4. The order calling the election may specify one or more county transportation
projects or services to which revenue from a proposed funding option will be
dedicated or provide that a funding option will expire when the associated
transportation project is completed.
5. A commissioners court may: (1) abolish one or more funding options previously
imposed; (2) increase or decrease the rate or amount of one or more funding
options previously imposed; (3) decrease the rate or amount of one or more
funding options previously approved at an election; or (4) call an election on any of
these options.
6. A commissioners court shall call an election under number 5(4), above, if the
commissioners court receives a citizen petition.
7. A county shall use the money only for county transportation purposes.
S.B. 947 (Duncan) – Property Tax: this bill is the same as H.B. 1726 by Chavez, above.
S.B. 951 (Shapleigh) – Property Tax: would: (1) permit the owner of certain historic
property to receive a special property tax appraisal for ten years based on the property’s
historic status; (2) provide that the appraised value of such property shall be the market value
minus the cost needed to rehabilitate the property; and (3) provide a rollback penalty for
property that ceases to qualify for the reduced appraisal.
S.B. 977 (Ellis) – Debt Collection: this bill is the same as H.B. 1478 by Bohac, above.
S.B. 978 (West) – Public Improvement Districts: this bill is a substantial re-write of the
law governing municipal public improvement districts (PIDs). Among other changes, the bill
would: (1) require a city to specifically designate the boundaries of a PID; (2) define the
“qualified costs” that may be funded by PID assessments; (3) provide that a PID is not a
“separate body politic” from the city that created it; (4) permit entities other than cities and
counties to create PIDs; (5) permit the city council to directly create a PID, rather than
waiting for a petition of landowners as current law provides; (6) permit projects to be pursued
outside the PID; (7) prohibit the narrowing of streets using PID assessment revenue; (8)
provide that only publicly-owned streets may be benefited using PID assessment revenue; (9)
permit PID projects in the ETJ of a city; (10) permit light rail transit to be improved with PID
assessment revenue; (11) expand the use of PID assessment revenue for parks to include open
spaces and trails; (12) permit school facilities to be funded by PID assessment revenue; (13)
allow cities more discretion in the methodology of levying assessments in a PID; (14) give
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property owners increased ability to petition into or out of a PID; (15) allow payment of
assessments in installments; and (16) provide that PID assessments run with the land.
S.B. 990 (Ellis) – Rural Land Bank: would allow a rural city to be part of a land bank
program to acquire land for low income affordable housing.
S.B. 1003 (Deuell) – Office of State-Federal Relations: this bill is the same as H.B. 1583,
above.
S.B. 1023 (Ogden) – Eminent Domain: would provide that: (1) a public or private entity
that obtains through the use of eminent domain a property interest that is less than fee simple
title must, with respect to the property owner from whom the interest is obtained, use the
least intrusive means for achieving the purpose for which the interest is obtained; (2) the
court in which the property interest was condemned has continuing jurisdiction over the
condemning entity's use of the property interest condemned for the purpose of ensuring
compliance of the entity with the bill’s provisions; (3) a property owner from whom a
property interest subject to the bill was taken may petition the court in which the property
interest was condemned at any time for injunctive relief to obtain compliance by the
condemning entity; (4) a condemnation petition must state that the facts to be proven are that:
(a) the petitioner is authorized to condemn property for the purpose for which the property is
sought; (b) the use for which the property is sought is a public use; (c) the property sought is
necessary to accomplish that public use; and (d) with respect to the property owner, the
petitioner will use the least intrusive means for achieving that public use; (5) in a
condemnation proceeding subject to the bill, a property owner may submit evidence that a
less intrusive means of achieving the purpose for which the condemning entity seeks the
property interest exists; (6) if the property owner submits evidence under number 5, above,
the condemning entity has the burden of proving that the means sought through the
condemnation is less intrusive than the means proposed by the property owner; (7) if a
condemning entity fails to prove any of the facts or meet the entity's burden under the bill, the
court shall deny the condemnation and award to the property owner the owner's court costs
and reasonable attorney's fees incurred in relation to the condemnation proceeding; and (8) if
the special commissioners award greater damages than the condemnor offered to pay before a
condemnation proceedings began or if the decision of the commissioners is appealed and a
court awards greater damages than the commissioners awarded, the condemnor shall pay all
costs and the property owner's reasonable attorney's fees and expert witness fees.
S.B. 1025 (Ogden) – Elections: would provide that for a non-federal office, the candidate
that receives the highest number of votes must defeat the candidate with the second highest
number of votes by one percent or more, or else the candidates are considered to have tied for
the highest number of votes.
S.B. 1041 (Patrick) – Sovereign Immunity: would lower from $100,000 to $10,000 the
maximum amount for which an individual public servant, including a city official, may be
liable for certain property damages.
S.B. 1045 (Gallegos) – Civil Service: this bill is the same as H.B. 1545, above.
22
S.B. 1068 (Wentworth) – Public Information: would allow a city to redact certain types of
personal information under the Public Information Act without first requesting a decision
from the attorney general.
S.B. 1069 (Wentworth) – Search Warrants: would allow any magistrate to issue certain
types of search warrants.
S.B. 1078 (Carona) – Graffiti: would: (1) make it a state jail felony to make an alteration to
railroad property, property of the U.S. Postal Service, a street sign, or an official traffic-
control device; (2) allow a city to require the owner of property within the city limits to
remove graffiti from the property within 30 days of receiving notice from the city; and (3)
allow a city to remove the graffiti and charge the expenses of removal to the property owner
either upon request of the property owner, or if the property owner fails to remove the graffiti
within 30 days of receiving notification from the city.
S.B. 1081 (Huffman) – Criminal History Record Information: would entitle the attorney
general to obtain from a law enforcement agency criminal history record information that
relates to either an applicant for a position of employment with the office of attorney general
or to a person who proposes to enter into a contract with the office of attorney general.
S.B. 1084 (Ellis) – Casinos and Gaming: this bill is the same as H.B. 1724, above.
S.B. 1087 (Shapleigh) – Graffiti: would: (1) create a state jail felony offense for the
burglary of a building to create graffiti; (2) require a county court, district court, or juvenile
court to collect a juvenile prevention and graffiti eradication fee from an individual convicted
of a graffiti offense in the amount of $50 to $500, depending on the amount of pecuniary loss
resulting from the commission of the offense and the number of previous graffiti convictions;
(3) allow a city to regulate the sale of aerosol paint by requiring identification and logging by
businesses of each sale of aerosol paint; (4) allow a city to require a surcharge not to exceed
one dollar on each sale of aerosol paint to be used for graffiti abatement; (4) allow a city to
require the owner of property within the city limits to remove graffiti from the property
within seven days of receiving notice from the city; and (5) allow a city to remove the graffiti
and charge the expenses of removal to the property owner if the property owner fails to
remove the graffiti within seven days of receiving notification from the city.
S.B. 1090 (Deuell) – Construction Manager-Agents: this bill is the same as H.B. 1606,
above.
S.B. 1101 (Watson) – Motor Fuels Tax: would exempt gas and diesel sold to volunteer fire
departments from motor fuels taxes.
S.B. 1102 (Watson) – Energy Security Technology: would provide that: (1) when
constructing or extensively renovating a critical governmental facility (such as a command
and control center, shelter, jail, or police or fire station), the entity with charge and control of
the facility shall evaluate whether it is cost-beneficial to equip the facility with a combined
heating and power system (i.e., a system that can provide all the electricity needed to power
the facility's critical emergency operations for at least fourteen days); and (2) provide that
23
the entity may equip the facility with a combined heating and power system if the expected
energy savings exceed the expected costs.
S.B. 1110 (Jackson) – Alternative Procurement Methods: would: (1) prohibit the use of a
reverse auction procedure for a public works contract for which a performance or payment
bond is required; (2) consolidate the provisions of current law relating to alternative delivery
systems for construction projects (e.g., competitive sealed proposals, construction manager-
agent, construction manager at-risk, design-build, and job order contracting) by most
governmental entities, including cities; (3) provide procedures and criteria for a governmental
entity to use when selecting a construction contractor using a method other than competitive
bidding; (4) authorize the use of any alternative delivery method, except design-build, for any
improvement to real property; (5) for a city under 100,000 population, limit the use of
design-build to buildings and associated structures; (6) for a city over 100,000 population,
authorize the use of design-build for a limited number of civil works projects (such as roads,
bridges, and utilities) in any fiscal year, based on population; (7) for a city over 100,000 that
chooses to use the design-build method for a civil works project, provide that the city shall
assume all risks associated with the project; (8) for a city over 100,000 that chooses to use the
design-build method for a civil works project, provide that the city may offer a stipend of
one-half of one percent to an unsuccessful offeror to offset the offeror’s costs in preparing its
proposal; (9) for a city over 100,000 that chooses to use the design-build method for a civil
works project, provide that if the city does not pay a stipend to an unsuccessful offeror, the
governmental entity may not use or disclose in any way the work product contained in the
offer; (10) if a change order for a public works contract in a city with a population of 500,000
or more involves a decrease or an increase of $100,000 or less, or a lesser amount as
provided by ordinance, the governing body may grant general authority to an administrative
official to approve the change order; (11) allow the use of alternative procurement methods
for a project financed with certificates of obligation; (12) for a project financed by certificates
of obligation, impose certain limits on change orders; and (13) expressly provide that certain
entities may not use the alternative procurement methods in the bill.
S.B. 1117 (Nichols) – Property Tax: would extend the appraisal arbitration process to
tangible personal property value appeals.
S.B. 1120 (West) – Racial Profiling: would: (1) provide that if a law enforcement agency
intentionally fails to submit a required racial profiling report, the Texas Commission on Law
Enforcement Officer Standards and Education (TCLEOSE) shall initiate disciplinary action
against that agency’s chief administrator; (2) expand the required contents of a peace
officer’s report on a vehicle search; (3) require that the annual compilation of the vehicle
search reports shall be submitted to TCLEOSE; (4) retain the current-law exemption from
these reporting requirements for any agency in which vehicles are equipped with video
cameras; (5) impose a new 15-cent court fee on any person convicted in municipal court of a
moving violation; (6) allow a municipal court to retain ten percent of that fee revenue; and
(7) require that the remaining fee revenue be remitted to the state for placement in the “Civil
Justice Data Repository” for use by TCLEOSE.
S.J.R. 26 (Wentworth) – Transportation Funding: would amend the Texas Constitution to
provide that the legislature may: (1) authorize a county to enact a local tax on the sale of
24
gasoline and diesel fuel in the county, to impose an additional vehicle registration fee on a
vehicle registered in the county, and to prescribe the types of transportation projects for
which the revenue may be used; and (2) authorize an additional annual ad valorem tax not to
exceed 15 cents per hundred dollars valuation to be levied and collected for transportation
projects, provided that a majority of the qualified voters of the county approve the tax at an
election.
S.J.R. 31 (Ellis) – Slot Machines/Casino Gaming: this joint resolution is the same as
H.J.R. 70, above.
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.
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