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Agenda Packet TC 04/04/2011 - AMENDEDTown Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, April 4, 2011 AMENDED Call to order and announce a quorum. REGULAR SESSION EXECUTIVE SESSION - 6:00 P.M. 1.2011-174-T Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Secretary Shannon DePrater RECONVENE INTO REGULAR SESSION 2.2011-175-T Consider and take appropriate action regarding the Executive Session. Invocation Pledges: Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." Citizen Presentations: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 3.2011-165-T Receive an update from Cathy Hernandez, President - Arts Council Northeast, on Arts Council projects within the area; discussion of same. Town Council 1 of 231 Meeting Date: April 4, 2011 April 4, 2011Town Council Meeting Agenda 4.2011-166-T Consider and take appropriate action regarding a Proclamation proclaiming April 25, 2011 as the 6th annual Parental Alienation Awareness Day and Bubbles of LOVE Day. PRO 2011-02 PARENTAL ALIENATION AWARENESS DAY.pdfAttachments: 5.2011-172-T Consider and take appropriate action regarding an Ordinance amending Chapter 11 “Public Works”, Article VI, “Stormwater Runoff”, Section 6.05, “Runoff from Construction Activity” of the Code of Ordinances to clarify the regulation of airborne pollutants; providing a penalty; and providing an effective date. ORD 2011-11 Amending Chap 11-Art VI Sec 6 05.pdfAttachments: 6.2011-177-T Consider and take appropriate action regarding a proposal to enlarge the buffer zone between Independence Park East and Royal Troon Neighborhood. Landscape Plan.pdfAttachments: 7.2011-121-T Consider and take appropriate action regarding a request for replat of Lot 8 to Lot 8-R, Block 1, Waters Edge at Hogan's Glen, Phase I. Applicant: Mark Carr (RP-11-017) Staff Report - TC 040411.pdf Application.pdf Water's Edge - 2000 Plat.pdf Attachments: 8.2011-171-T Consider and take appropriate action regarding an Ordinance repealing Article 1, "Flood Damage Prevention", of Chapter 4, "Flood Damage Prevention", of the Code of Ordinances of the Town and adopting a new Article 1 entitled "Flood Damage Prevention" of Chapter 4 providing new rules regulations and standards regarding flooding; providing a penalty; and providing an effective date. ORD 2011-12 Flood Damage Prevention.pdfAttachments: 9.2011-176-T Consider and take appropriate action regarding an Ordinance amending Ordinance 2011-08 of the Town Council ordering and calling a General Election and a Special Election to be held on May 14, 2011; amending the Ordinance to include the Joint Election Agreement between The Town of Trophy Club and Tarrant County and providing a list of Early Voting polling locations for Tarrant County voters; and providing an effective date. A. Consider and approve a Joint Election Agreement with Tarrant County ORD 2011-13 Amendment to ORD 2011-08.pdfAttachments: 10.2011-173-T Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" by adopting Article XV, entitled “Special Events” for the purpose of regulating Special Events held within the Town and requiring a Special Event Permit; amending Chapter 5, "General Land Use", Article IV, "Sign Regulations", Section 4.05(E) “Special Purpose Signs” to adopt provisions regulating Special Event Signage; providing a penalty; and providing an effective date. ORD 2011-14 Special Events.pdfAttachments: Town Council 2 of 231 Meeting Date: April 4, 2011 April 4, 2011Town Council Meeting Agenda 11.2011-153-T Consider and take appropriate action regarding a Resolution of the Town Council establishing a Keep Trophy Club Beautiful Committee comprised of citizen volunteers; and providing an effective date. Keep Trophy Club Beautiful Committee.pdf RES 2011-06 Adopting a Keep Trophy Club Beautiful Committee.pdf Attachments: 12.2011-154-T Consider and take appropriate action regarding a Resolution of the Town Council establishing a Sustainability Committee comprised of citizen volunteers; and providing an effective date. Environmental Sustainability.pdf Environmental Sustainability Committee.pdf RES 2011-07 Adopting a Sustainability Committee.pdf Attachments: 13.2011-168-T Town Manager Slye's update regarding the following; discussion of the same. - Regional Council Workshop Recap - Town Survey Update - TML Board Meeting - Friday, April 8, 2011 14.2011-178-T Town Council Liaison Updates; discussion of same: - March 30, 2011 - COY Committee - Mayor Pro Tem Rose 15.2011-169-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Neighbor Helping Neighbor - Baseball Opening Day - Regional Joint Council Workshop - Mayors Roundtable - Mayors for Meals on Wheels - Family Camp Out 16.2011-170-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council 3 of 231 Meeting Date: April 4, 2011 April 4, 2011Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, April 1, 2011 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ______________________________ Shannon DePrater, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2011. ________________________________, Title: ___________________________ Town Council 4 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-174-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Secretary Shannon DePrater Attachments: Action ByDate Action ResultVer. TITLE Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee relating to: A. The annual evaluation of Town Secretary Shannon DePrater Town Council 5 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-175-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Title Consider and take appropriate action regarding the Executive Session. Town Council 6 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-165-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Receive an update from Cathy Hernandez, President - Arts Council Northeast, on Arts Council projects within the area; discussion of same. Attachments: Action ByDate Action ResultVer. TITLE Receive an update from Cathy Hernandez, President - Arts Council Northeast, on Arts Council projects within the area; discussion of same. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 7 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-166-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding a Proclamation proclaiming April 25, 2011 as the 6th annual Parental Alienation Awareness Day and Bubbles of LOVE Day. Attachments:PRO 2011-02 PARENTAL ALIENATION AWARENESS DAY.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Proclamation proclaiming April 25, 2011 as the 6th annual Parental Alienation Awareness Day and Bubbles of LOVE Day. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities Town Council 8 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB PROCLAMATION 2011-02 Parental Alienation Awareness Day - April 25, 2011 WHEREAS, Parental Alienation deprives children of their right to love and be loved by both parents and it is considered a form of child abuse; WHEREAS, behaviors such as speaking negatively about a parent to, or in front of, a child can destroy the bond between a loving parent and child; WHEREAS, with awareness comes education, understanding and the power to stop the abuse of innocent children caught in the crossfire of the people they love; WHEREAS, this year is the 6th annual Parental Alienation Awareness Day and the caring citizens of our community will gather together, joining others around the world for 10 minutes at 12:00 noon on April 25, 2011 to blow bubbles for LOVE; NOW THEREFORE, I Connie White, Mayor of the Town of Trophy Club, for the sake of the precious children of our community and the world, do hereby proclaim April 25, 2011 as “Parental Alienation Awareness Day” in Trophy Club, Texas. PROCLAIMED THIS THE 4th DAY OF APRIL 2011. _______________________________ ________________________________ Connie White, Mayor Shannon DePrater, Town Secretary Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 9 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-172-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 11 “Public Works”, Article VI, “Stormwater Runoff”, Section 6.05, “Runoff from Construction Activity” of the Code of Ordinances to clarify the regulation of airborne pollutants; providing a penalty; and providing an effective date. Attachments:ORD 2011-11 Amending Chap 11-Art VI Sec 6 05.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Chapter 11 “Public Works”, Article VI, “Stormwater Runoff”, Section 6.05, “Runoff from Construction Activity” of the Code of Ordinances to clarify the regulation of airborne pollutants; providing a penalty; and providing an effective date. EXPLANATION: In the current ordinance, airborne pollutants are described as “dirt, sand, and concrete/brick dust” and the ordinance states that these “are to be kept under containment so as to not harm the life, health, or welfare of other workers, residents, or animals.” This is difficult to measure and virtually impossible to wholly contain in a construction area. Removal of this description is requested. The Building Inspector will enforce the utilization of wet saws or a dust collection system on all brick/concrete cutting as required in the current ordinance. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Staff recommends approval of Ordinance 2011-XX, amending Chapter 11 “Public Works”, Article VI, “Stormwater Runoff”, Section 6.05, “Runoff from Construction Activity” to clarify the regulation of airborne pollutants. Town Council 10 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED “PUBLIC WORKS”, ARTICLE VI, ENTITLED “STORMWATER RUNOFF”, SECTION 6.05 ENTITLED “RUNOFF FROM CONSTRUCTION ACTIVITY”, SUBSECTION B ENTITLED “RESPONSIBILITIES” TO CLARIFY REGULATION OF AIRBORNE POLLUTANTS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, in June of 2009, staff reviewed Section 6.05 of Article VI of Chapter 6 of the Code of Ordinances and made certain recommendations regarding the regulation of runoff from construction activity; and WHEREAS, having operated under and enforced the provisions of Section 6.05 of Article VI, staff has determined it appropriate to make certain revisions to clarify standards and facilitate enforcement; and WHEREAS, having determined that amending Section 6.05 in accordance with the provisions set forth below is an appropriate and beneficial governmental function, Council hereby determines that the adoption of this Ordinance serves the health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Town Council 11 of 231 Meeting Date: April 4, 2011 SECTION 2. AMENDMENTS 2.01. Subsection “B” entitled “Responsibilities” of Section 6.05 entitled “Runoff From Construction Activity” of Article VI, entitled “Stormwater Runoff”, of Chapter 11 entitled “Public Works”, of the Code of Ordinances of the Town of Trophy Club is hereby amended so that the first paragraph of Section 6.05(B) entitled “Responsibilities” is amended and shall be and read in its entirety as set forth below: Section 6.05 Runoff From Construction Activity “B. Responsibilities All Persons shall be accountable for any erosion of their real property or construction site, whether such real property is owned or otherwise under the direct or indirect control of such Person, when the result of such activity is the accumulation of sediment, including soil, rock, mud, or debris which washes, slides or otherwise is moved from the real property or construction site onto dedicated streets, alleys, any waterways, utility facilities, right-of- way, easements or onto other private properties. Any accumulation or deposit of soil material beyond the limits of such premises or in Town streets, alleys or drainage facilities or other private property in an amount sufficient to constitute a threat to public safety and comfort as determined by the Designated Official, shall constitute a violation of this Article. This includes off-site tracking by vehicles entering and exiting the site, paints, solvents, cleaners, wind blown debris, or other materials associated with construction activity at a site. Utilization of wet saws or a dust collection system is required on all brick/concrete cutting. Moisture content of worksite shall be sufficient so as to not allow erosion by air.” SECTION 3. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting accessory structures which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in Town Council 12 of 231 Meeting Date: April 4, 2011 court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. Town Council 13 of 231 Meeting Date: April 4, 2011 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of April, 2011. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 14 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-177-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/30/2011 Town Council On agenda:Final action: Title:Consider and take appropriate action regarding a proposal to enlarge the buffer zone between Independence Park East and Royal Troon Neighborhood. Attachments:Landscape Plan.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a proposal to enlarge the buffer zone between Independence Park East and Royal Troon Neighborhood. EXPLANATION: The Town Manager met with Neighborhood 9 (Royal Troon) representatives on Thursday, March 31, 2011. In attendance were: Mike Buck, 2401 Lilyfield Drive Julie Folley, 2407 Lilyfield Drive Sue Fitzgerald, 2421 Lilyfield Drive Chuck Boedeker, 2422 Lilyfield Drive The Town Manager and the representatives agreed to the following: 1) The Town will provide an additional $10,000 in landscape buffering along the south side of Independence Park East. 2) For no additional cost, Parks and Recreation Director, Adam Adams will review and rework the existing landscape plan to provide better buffering along the south side of Independence Park East. 3) Staff will approach the property owner of Lot 2, Tract 2, Village Center (current property owner is LDS Church) to explore the possibility of a walkway easement. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Town Manager recommends approval of the negotiated settlement. Town Council 15 of 231 Meeting Date: April 4, 2011 Town Council 16 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-121-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/8/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding a request for replat of Lot 8 to Lot 8-R, Block 1, Waters Edge at Hogan's Glen, Phase I. Applicant: Mark Carr (RP-11-017) Attachments:Staff Report - TC 040411.pdf Application.pdf Water's Edge - 2000 Plat.pdf Action ByDate Action ResultVer. Planning & Zoning Commission3/17/2011 1 TITLE Consider and take appropriate action regarding a request for replat of Lot 8 to Lot 8-R, Block 1, Waters Edge at Hogan's Glen, Phase I. Applicant: Mark Carr (RP-11-017) EXPLANATION: Theowner of this lot brings this replat request before Council to ask that the drainage easementon his lot be removed so that when building a house on the lot he will have greater flexibility with placement of the house on the lot. The staff report outlines the history of the creation of the lot and drainage easement. The previous developer’s decision to abandon plans to build a lake to the north of Lot 8, Block 1, seems to have removed the need for a drainage easement along the northwest corner of this lot, therefore, Staff recommends approval of the replat of Lot 8-R, Block 1, Waters Edge at Hogan’s Glen, Phase I. TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Town Council 17 of 231 Meeting Date: April 4, 2011 TOWN COUNCIL STAFF REPORT April 4, 2011 Case No. RP-11-017 Replat Lot 8, Block 1 to Lot 8-R, Block 1 Waters Edge at Hogan’s Glen, Phase I SUBJECT: Consider and Take Appropriate Action regarding a request for approval of a Replat for Lot 8 to Lot 8-R, Block 1, Waters Edge at Hogan’s Glen, Phase I. Applicant: Mark Carr (RP- 11-017) ZONING: Planned Development No. 22, Estate Lot. LOT SIZE: An Estate Lot for any permitted single family use shall have a minimum area of fifteen thousand (15,000) square feet. Mr. Carr’s lot is 18,328 sq. ft. SETBACKS: Front Yard: 25-ft. minimum Rear Yard: 20-ft. minimum Side Yard: 5-ft. minimum; must maintain a minimum of twenty (20) feet between buildings of adjacent houses. HISTORY: This lot was originally platted in 2000. That plat shows a drainage easement along the northwest corner of the lot. A structure cannot be built in a drainage easement and the owner of the lot, Mark Carr, desires to have the drainage easement removed in order to have greater flexibility with placement of a house on the lot. Research of the 2000 plat indicates that the drainage easement was placed on the lot because the original owner did not plan to build a house on that lot but instead planned to build a lake to the north of the lot, in and adjacent to Town Council 18 of 231 Meeting Date: April 4, 2011 floodplain, and use Lot 8 as possible overflow from the lake. Those plans were not brought forward for development and the lot was eventually sold to the present owner. The land to the north of this lot was eventually sold to another developer, Centurion American. In 2007, Centurion submitted a Conditional Letter of Map Revision (CLOMR) to FEMA to request changes to the floodplain and floodway to the north of this lot. FEMA granted approval of the CLOMR and noted that “no property owners have been affected by the changes made to the floodplain/floodway based on this CLOMR request”. On September 13, 2010, the Town Council granted approval of a 27 lot subdivision, Waters Edge at Hogan’s Glen, Phase 2A, which will extend Hogan’s Drive, placing an additional 27 “estate” lots to the north and east of this lot. An engineered wall adjacent to floodplain will support the extension of Hogan’s Drive. SUMMARY: The previous developer’s decision to abandon plans to build a lake to the north of Lot 8, Block 1, seems to have removed the need for a drainage easement along the northwest corner of this lot. Staff recommends approval of the replat of Lot 8-R, Block 1, Waters Edge at Hogan’s Glen, Phase I. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission heard this request on March 17, 2011, and by unanimous vote recommended approval. A motion was made by Commissioner Sheridan, seconded by Vice Chair Stephens, that this Agenda Item be Recommended for Approval to the Town Council, on 4/4/2011. The motion carried by the following vote. Aye: Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan, Chairman Hill, Commissioner Reed, and Commissioner Richert. Attachments: Application Plat of Water’s Edge at Hogan’s Glen – filed in 2000 Replat – Hardcopy Only Town Council 19 of 231 Meeting Date: April 4, 2011 T o w n C o u n c i l 2 0 o f 2 3 1 M e e t i n g D a t e : A p r i l 4 , 2 0 1 1 To w n Co u n c i l 21 of 23 1 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-171-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding an Ordinance repealing Article 1, "Flood Damage Prevention", of Chapter 4, "Flood Damage Prevention", of the Code of Ordinances of the Town and adopting a new Article 1 entitled "Flood Damage Prevention" of Chapter 4 providing new rules regulations and standards regarding flooding; providing a penalty; and providing an effective date. Attachments:ORD 2011-12 Flood Damage Prevention.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance repealing Article 1, "Flood Damage Prevention", of Chapter 4, "Flood Damage Prevention", of the Code of Ordinances of the Town and adopting a new Article 1 entitled "Flood Damage Prevention" of Chapter 4 providing new rules regulations and standards regarding flooding; providing a penalty; and providing an effective date. EXPLANATION: Prior to April 18, 2011, the Town of Trophy Club is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt floodplain management regulations that meet the standards of the NFIP regulations. The attached regulations have been revised as recommended by FEMA. TOWN COUNCIL GOAL(S): Goal #4: Picturesque and Environmentally Sound Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Hire, develop, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval to adopt updated floodplain regulations in accordance with FEMA Flood Insurance Rate Maps in order to remain eligible to participate in the National Flood Insurance Program. Town Council 22 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-12 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING ARTICLE ONE ENTITLED “FLOOD DAMAGE PREVENTION” OF CHAPTER FOUR ENTITLED “FLOOD DAMAGE PREVENTION” OF THE CODE OF ORDINANCES OF THE TOWN AND ADOPTING A NEW ARTICLE ONE ENTITLED “FLOOD DAMAGE PREVENTION” OF CHAPTER ONE OF THE CODE OF ORDINANCES. PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO CHAPTER FOUR AS SET FORTH IN THE ORDINANCE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING THAT ANY PERSON WHO VIOLATES ARTICLE I OF CHAPTER 4 OF THE CODE OR ORDINANCES, SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND THAT EACH DAY THE VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with the National Flood Insurance Program/Federal Emergency Management Association to regulate the development of land and property development within the Town; and, WHEREAS, due to changes in the Texas Water Code, revisions to the Town’s Flood Damage Prevention Ordinance have become necessary; and WHEREAS, after consulting with the Town’s Flood Plain Administrator, staff has determined that the revisions as set forth below are necessary and appropriate to comply with The Flood Control Insurance Act; and WHEREAS, the Town Council hereby finds that the repeal of the existing Article 1 entitled “Flood Damage Prevention” of Chapter 4 of the Code of Ordinances of the Town and the adoption of a new Article 1 entitled “Flood Damage Prevention” of Chapter 4 of the Code of Ordinances of the Town as set forth below is in the best interests of the health, safety and welfare of the citizens of the Town. Town Council 23 of 231 Meeting Date: April 4, 2011 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article I entitled “Flood Damage Prevention” of Chapter 4 entitled “Flood Damage Prevention” of the Code of Ordinances of the Town of Trophy Club is hereby repealed and a new Article 1 entitled “Flood Damage Prevention” of Chapter 4 of the Code of Ordinances of the Town is hereby adopted and shall be and read in its entirety as follows: Section 1.01 Findings of Fact A. The Flood Hazard Areas of Trophy Club are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for Flood protection and relief, all of which adversely affect the public health, safety and general welfare. B. These Flood losses are created by the cumulative effect of obstructions in Floodplains which cause an increase in Flood heights and velocities, and by the occupancy of Flood Hazard Areas by uses vulnerable to Floods and hazardous to other lands because they are inadequately elevated, Flood-proofed or otherwise protected from Flood damage. Section 1.02 Statement of Purpose It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize public and private losses due to Flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of future public money for costly Flood control projects; 3. Minimize the need for rescue and relief efforts associated with Flooding and generally undertaken at the expense of the general public; Town Council 24 of 231 Meeting Date: April 4, 2011 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, storm drainage and sanitary sewer lines, streets and bridges located in a SFHA; 6. Help maintain a stable tax base by providing for the sound use and Development of Flood-prone areas in such a manner as to minimize future Flood-blight areas; and 7. Insure that potential buyers are notified when a property is in a Flood Area. Section 1.03 Methods of Reducing Flood Losses In order to accomplish its purposes, this Ordinance employs the following methods, techniques, and/or provisions: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of Flood, or cause excessive increases in Flood heights or velocities; 2. Require that uses vulnerable to Floods, including facilities that serve such uses, be protected against Flood damage at the time of initial construction; 3. Control the alteration of natural Floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; 4. Control filling, grading, dredging and other Development, which may increase Flood damage; 5. Prevent or regulate the construction of Flood barriers which will unnaturally divert floodwaters or which may increase Flood hazards to other lands. Section 1.04 Definitions Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. Alluvial Fan Flooding: Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by Town Council 25 of 231 Meeting Date: April 4, 2011 high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex: A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appurtenant Structure: A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure Area of Future Conditions Flood Hazard: The land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. Area of Shallow Flooding: A designated AO, AH, AR/AO, AR/AH, or VO zone on a Town's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard: The land in the floodplain within a Town subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1- 30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. Base Flood: The Flood having a one percent (1%) chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE): The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-30, or VE that indicates the water surface elevation resulting from the flood that has a one-percent (1%) chance of equaling or exceeding that level in any given year – also called the Base Flood. Basement: Any area of the building having its floor subgrade (below ground level) on all sides. Breakaway Wall: A wall that is not part of the structural support of the building and is intended through its design and construction to collapse Town Council 26 of 231 Meeting Date: April 4, 2011 under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Critical Feature: An integral and readily identifiable part of a Flood Protection System, without which the Flood protection provided by the entire system would be compromised. Development: Any man-made change in improved and unimproved real estate, including but not limited to buildings or other Structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated Building: Means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Elevation Certificate: FEMA Form 81-31. An administrative tool of the NFIP used to provide elevation information necessary to ensure Compliance with Town Floodplain management Ordinances, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment or Revision (LOMA or LOMR-F). Existing Construction: For the purpose of determining rates, Structures for which the “Start of Construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. “Existing Construction” may also be referred to as “existing Structures.” Existing Manufactured Home Park or Subdivision: A Manufactured Home park or subdivision for which the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the Floodplain Management Regulations adopted by the Town. Expansion to an Existing Manufactured Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the Manufactured Homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA): The federal agency responsible for the emergency evaluation and response to natural disasters caused by earthquakes, hurricanes, Floods, tornadoes, snowstorms, hail, forest fires, drought and weather-related phenomenon. Town Council 27 of 231 Meeting Date: April 4, 2011 Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters, 2. The unusual and rapid accumulation of runoff of surface waters from any source. Flood Elevation Study or Flood Insurance Study: An examination, evaluation and determination of Flood hazards and, if appropriate, corresponding Water Surface Elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or Flood-related erosion hazards. Flood Insurance Rate Map (FIRM): An official map of the Town, on which the Federal Emergency Management Agency (FEMA) has delineated both the Areas of Special Flood Hazards and the risk premium zones applicable to the Town. Floodplain Administrator: The Floodplain Administrator of the Town of Trophy Club, or their designee. Floodplain or Flood-Prone Area: Any land area susceptible to being inundated by water from any source (see definition of Flooding). Floodplain Management: The operation of an overall program of corrective and preventive measures for reducing Flood damage, including but not limited to emergency preparedness plans, Flood control works and Floodplain Management Regulations. Floodplain Management Regulations: Zoning Ordinances, subdivision regulations, building codes, health regulations, special purpose Ordinances (such as a Floodplain Ordinance, grading Ordinance and erosion control Ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of Flood damage prevention and reduction. Flood Protection System: Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify Flooding in order to reduce the extent of the areas within the Town subject to a “special flood hazard” and the extent of the depths of associated Flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. Town Council 28 of 231 Meeting Date: April 4, 2011 Flood Proofing: Any combination of structural and non-structural additions, changes, or adjustments to Structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, Structures and their contents. Floodway or Regulatory Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the Water Surface Elevation more than a designated height. Functionally Dependent Use: A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic Structure: Any Structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the Natural Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district of a district preliminarily determined by the Secretary to qualify as a registered historic district. 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either; a. By an approved state program as determined by the Secretary of the Interior, or b. Directly by the Secretary of the Interior in states without approved programs. Town Council 29 of 231 Meeting Date: April 4, 2011 Levee: A man-made Structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary Flooding. Levee System: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOMR – Letter of Map Revision: A letter from FEMA officially revising the current FIRM to show changes to Floodplains, Floodways, or Flood elevations. Lowest Floor: The Lowest Floor of the lowest enclosed area (including Basement). An unfinished or Flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a Basement area is not considered a building’s Lowest Floor; provided that such enclosure is not built so as to render the Structure in Violation of the applicable non-elevation design requirement of Section 60.03 of the National Flood Insurance Program regulations. Manufactured Home: A Structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “Manufactured Home” does not include a “Recreational Vehicle.” Manufactured Home Park or Subdivision: A parcel (or contiguous parcels) of land divided into two or more Manufactured Home lots for rent or sale. Mean Sea Level (MSL): For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which Base Flood elevations shown on the Town’s Flood Insurance Rate Map are referenced. National Flood Insurance Program (NFIP): The program of Flood insurance coverage and Floodplain Management administered under the National Flood Insurance Act of 1968 and any amendments to it. and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B. New Construction: For the purpose of determining insurance rates, Structures for which the “Start of Construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such Structures. For Town Council 30 of 231 Meeting Date: April 4, 2011 Floodplain Management purposes, “New Construction” means Structures for which the “Start of Construction” commenced on or after the effective date of a Floodplain Management regulation adopted by the Town and includes any subsequent improvements to such Structures. New Manufactured Home Park or Subdivision: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the Town. Recreational Vehicle: A vehicle that is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projections; 3. Designed to be self-propelled or permanently towable by a light-duty truck; and, 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory Floodway: See definition for Floodway. Riverine: Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special Flood Hazard Area (SFHA): see definition for Area of Special Flood Hazard Start of Construction: (For other than New Construction or Substantial Improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), Includes Substantial Improvement and means the date the building permit was issued, provided the actual Start of Construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one- hundred eighty (180) days of the permit date. The actual start means either the first placement of Permanent Construction of a Structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a Manufactured Home on a foundation. Permanent Construction does not include land preparation, such as clearing, grading and filing; nor does it include the installation of streets and/or walkways; nor does it include excavation for Basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of Town Council 31 of 231 Meeting Date: April 4, 2011 accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main Structure. For a Substantial Improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, than is principally above ground, as well as a Manufactured Home. Substantial Damage: Damage of any origin sustained by a Structure whereby the costs of restoring the Structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the Structure before the damage occurred. Substantial Improvement: Any reconstruction, rehabilitation, addition, or other improvement of a Structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the Structure before “Start of Construction” of the improvement. This includes Structures that have incurred “Substantial Damage,” regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a Structure to correct existing Violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or, 2. Any alteration of a “Historic Structure,” provided that the alteration will not preclude the Structure’s continued designation as a “Historic Structure.” Town: The Town of Trophy Club, Texas. Variance: A grant of relief by the Town from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations which are incorporated herein by reference.) Water Surface Elevation: The height, in relation to the National American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of Floods of various magnitudes and frequencies in the Floodplains of coastal or Riverine areas. Town Council 32 of 231 Meeting Date: April 4, 2011 Section 1.05 General Provisions A. Lands to Which This Ordinance Applies This ordinance shall apply to all areas of special flood hazard in the jurisdiction of Trophy Club, Texas. B. Basis For Establishing Areas of Special Flood Hazard The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Denton County, Texas and Incorporated Areas,” dated April 18, 2011, with Flood Insurance Rate Map (FIRM), dated April 18, 2011; and any revisions thereto are hereby adopted by reference and declared to be a part of this Ordinance. C. Development in Trophy Club Floodplain Development in Trophy Club Floodplain shall meet applicable FEMA regulations and all Town ordinances. D. Compliance No Structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable laws, codes or regulations. E. Abrogation and Greater Restrictions This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where a term or provision of this Article and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. Interpretation In the interpretation and application of this Ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State law. Town Council 33 of 231 Meeting Date: April 4, 2011 G. Warning and Disclaimer of Liability The degree of Flood protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions, greater Floods can and will occur and Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the Areas of Special Flood Hazards or uses permitted within such areas will be free from Flooding or Flood damage. This Ordinance shall not create liability on the part of the Town or any official or employee thereof for any Flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. H. Dumping and Obstructions Prohibited The placement or dumping of any material (including but not limited to dirt, rock, construction debris, rubbish, refuse, tree and brush cuttings, grass clippings, or any other waste, material, or device which may obstruct or impede flow) in a SFHA that regularly or periodically carries surface water is prohibited. Section 1.06 Administration A. Designation of the Floodplain Administrator The Town Manager or designee is hereby appointed as the Floodplain Administrator to administer and implement the provisions of this Ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this Ordinance. 2. Review proposed development applications to determine whether proposed building sites, including the placement of Manufactured Homes, will be reasonably safe from flooding. 3. Review, approve, or deny all applications for development required by this Ordinance. Town Council 34 of 231 Meeting Date: April 4, 2011 4. Review proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the Areas of Special Flood Hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. a. When such interpretation results in a determination that an area is NOT in a Special Flood Hazard Area, the issuance of a building permit for any part of the area subsequent thereto shall be subject to the applicant’s agreement to indemnify, hold harmless, and defend the Town of Trophy Club, the Town Engineer, and the Floodplain Administrator for any adverse consequences resulting from or related to such determination. 6. Notify in Riverine situations, adjacent communities, and the State Coordinating Agencies, which are Texas Commission on Environmental Quality (TCEQ), and the Texas Water Commission, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 7. Assure that the Flood-carrying capacity with the altered or relocated portion of any watercourse is maintained or increased. 8. When Base Flood Elevation data has not been provided in accordance with Section 1.06. B. the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and Floodway data available from a Federal, State or other source, in order to administer the provisions of Section 1.08. 9. When a Regulatory Floodway has not been designated, the Floodplain Administrator must require that no New Construction, Substantial Improvements, or other Development (including fill) shall be permitted within Zones A1-30 and AE on the Town’s FIRM, unless it is demonstrated that the cumulative effect of the proposed Development, when combined with all other existing and anticipated Development, will not increase the Water Surface Elevation of the Base Flood more than one foot (1’) at any point within the Town. 10. Under the provisions of 44 CFR Chapter 1, Section 65.12 of the National Flood Insurance Program regulations, the Town, in its sole discretion, Town Council 35 of 231 Meeting Date: April 4, 2011 may choose to exercise, or decline to exercise, its authority to approve certain development in Zones A1-30, AE, AH, on the Town’s FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the Town first completes all of the provisions required by Section 65.12. C. Permit Procedures 1. Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the exact location, dimensions, and elevation of proposed landscape alterations, existing and proposed Structures, including the placement of Manufactured Homes, and the location of the foregoing in relation to Areas of Special Flood Hazard. Additionally, the following information is required: a. Elevation (in relation to Mean Sea Level) of the Lowest Floor (including Basement) of all new and substantially improved Structures. b. Elevation in relation to Mean Sea Level to which any nonresidential Structure shall be Floodproofed; c. A Certificate from a registered professional engineer or architect that the non-residential Floodproofed Structure shall meet the Floodproofing criteria of Section 1.08, Subsection B. 2.; d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed Development; e. Maintain a record of all such information in accordance with Section 1.07, Subsection B.1. 2. Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this Ordinance and the following relevant factors: a. The danger of life and property due to Flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to Flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of other persons or property; Town Council 36 of 231 Meeting Date: April 4, 2011 d. The compatibility of the proposed use with existing and anticipated Development; e. The safety of access to the property in times of Flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after Flood conditions including maintenance and repair of streets, bridges, public utilities; and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to Flooding or erosion damage, for the proposed use. D. Variance Procedures 1. The Building Appeals Board as appointed by the Town Council shall hear and render judgment on requests for Variances from the requirements of this Article. Upon consideration of the factors noted in this Section and the intent of this Article, the Building Appeals Board may attach such conditions to the granting of Variances, as it deems necessary to further the purpose and objectives of this Article. 2. The Building Appeals Board shall hear and render judgment on an Appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Article provided that written notice of such Appeal is filed with the Floodplain Administrator within ten (10) business days of the date of the decision or a determination by the Floodplain Administrator. 3. Any person or persons aggrieved by the decision of the Building Appeals Board may Appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an Appeal and shall report Variances to the Federal Emergency Management Agency upon request. 5. Variances may be issued for the reconstruction, rehabilitation, or restoration of Structures listed on the National Register of Historic Town Council 37 of 231 Meeting Date: April 4, 2011 Places or the State Inventory of History Places, without regard to the procedures set forth in the remainder of this Ordinance. 6. Variances may be issued for New Construction and Substantial Improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing Structures constructed below the Base Flood level, providing the relevant factors in Section C.2 of this Section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Variance increases. 7. Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article (Section 1.03). 8. Variances shall not be issued within any designated Floodway if any increase in Flood levels during the Base Flood discharge would result. 9. Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the Structure’s continued designation as a Historic Structure and the Variance is the minimum necessary to preserve the historic character and design of the Structure. 10. Prerequisites for granting Variances are as follows: a. Variances may only be issued upon a determination that the Variance is the minimum necessary, considering the Flood hazard, to afford relief. b. Variances may only be issued upon, i. Showing a good and sufficient cause; ii. A determination that failure to grant the Variance would result in exceptional hardship to the applicant, and, iii. A determination that the granting of a Variance will not result in increased Flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances. c. Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest Town Council 38 of 231 Meeting Date: April 4, 2011 floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.11 Variances may be issued by the Town for New Construction and Substantial Improvements and for other Development necessary for the conduct of a Functionally Dependent Use provided that: a. The criteria outlined in Section 1.07, Subsection D (1) to (-9) are met, and b. The Structure or other Development is protected by methods that minimize Flood damages during the Base Flood and create no additional threats to public safety. Section 1.07 Provisions for Flood Reduction A. General Standards In all Areas of Special Flood Hazards, the following provisions are required for all New Construction and Substantial Improvements: 1. All New Construction or Substantial Improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movements of the Structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All New Construction or Substantial Improvements shall be constructed by methods and practices that minimize Flood damage; 3. All New Construction or Substantial Improvements shall be constructed with materials resistant to Flood damage; 4. All New Construction or Substantial Improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of Flooding; 5. All new and replacement water supply systems shall be designated to minimize or eliminate infiltration of floodwaters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and Town Council 39 of 231 Meeting Date: April 4, 2011 7. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during Flooding. 8. All new critical facilities, such as emergency centers, hospitals, fire stations, power stations, hazardous materials storage sites or other sites determined by the Town are prohibited from the 500-year Floodplain. B. Specific Standards In all Areas of Special Flood Hazards where Base Flood Elevation data has been provided as set forth in (i) Section 1.06, Subsection B, (ii) Section 1.07, Subsection B. 8, or (iii) Section 8, Subsection C. 3, the following provisions are required: 1. Residential Construction: New Construction and Substantial Improvement of any residential Structure shall have the Lowest Floor (including Basement), elevated a minimum of two feet (2’) or more above the Base Flood Elevation. A registered professional engineer or land surveyor shall submit a FEMA Floodplain elevation certification to the Floodplain Administrator that the standard of this subsection, as proposed in Section 1.07, Subsection C. 1. a. is satisfied. 2. Nonresidential Construction: New Construction and Substantial Improvements of any commercial, industrial or other nonresidential Structure shall either have the Lowest Floor (including Basement) elevated two feet (2’) or more above the Base Flood level or together with attendant utility and sanitary facilities, shall be designed so that below this level (minimum two feet (2’) above the Base Flood Elevation) the Structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification, which includes the specific elevation (in relation to Mean Sea Level) to which such Structures are Floodproofed, shall be maintained by the Floodplain Administrator. 3. Enclosures: New Construction and Substantial Improvements, with fully enclosed areas below the Lowest Floor that are usable solely for parking of vehicles, building access or storage in any area other than a Basement and which are subject to Flooding shall be designed to automatically equalize hydrostatic Flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this Town Council 40 of 231 Meeting Date: April 4, 2011 requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two (2) openings on separate walls having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to Flooding shall be provided. b. The bottom of all openings shall be no higher than one foot (1’) above grade. c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes a. Require that all Manufactured Homes to be placed within Zone A on a Town’s FHBM or FIRM shall be installed using methods and practices that minimize Flood damage. For the purposes of this requirement, Manufactured Homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. b. Require that Manufactured Homes that are placed or substantially improved within Zones A1-30, AH, and AE on the Town’s FIRM on sites: i. Outside of a Manufactured Home park or subdivision, ii. In a new Manufactured Home park or subdivision, iii. In an expansion to an Existing Manufactured Home Park or Subdivision, or iv. In an Existing Manufactured Home Park or Subdivision on which a Manufactured Home has incurred “Substantial Damage” as a result of a Flood, be elevated on a permanent foundation such that the Lowest Floor of the Manufactured Home is elevated to a minimum of two feet (2’) above the Base Flood Elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Town Council 41 of 231 Meeting Date: April 4, 2011 c. Require that Manufactured Homes be placed or substantially improved on sites in an Existing Manufactured Home Park or Subdivision with Zones A1-30, AH and AE on the community’s FIRM that are not subject to the provisions of Subsection 4 of this Section be elevated so that either: i. The Lowest Floor of the Manufactured Home is a minimum of two feet (2’) at or above the Base Flood Elevation, or ii. The Manufactured Home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than thirty-six inches (36”) in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 5. Recreational Vehicles a. Require that Recreational Vehicles placed on sites within Zones A1- 30, AH, and AE on the Town’s FIRM either: i. Be on the site for fewer than one-hundred eighty (180) consecutive days or ii. Be fully licensed and ready for highway use, or iii. Meet the permit requirements of Section 1.07, Subsection C. 1, and the elevation and anchoring requirements for “Manufactured Homes” in Subsection 4 of this section. A Recreational Vehicle is ready for highway use if it is on its wheels or jacking system; is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Floodplain Compensation a. Whenever any portion of a Floodplain is authorized for use, the space occupied by the authorized fill or Structure below the Base Flood Elevation shall be compensated for by a hydraulically equivalent volume of excavation taken from below the Base Flood Elevation. All such excavations shall be constructed to drain freely to the watercourse. 7. Foundation Protection a. Engineered Fill – All new buildings constructed in Zone A, A1-30, AH and AE on the Town’s FIRM must be constructed on properly designed and compacted fill. Town Council 42 of 231 Meeting Date: April 4, 2011 C. Standards For Subdivision Proposals 1. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall be consistent with Sections 2, 3, and 4 of this Article. 2. All proposals for the Development of subdivisions including the placement of Manufactured Home Parks and Subdivisions shall meet Floodplain Development Permit requirements of Section 1.06, Subsection C; Section 1.07, Subsection C; and the provisions of Section 1.08 of this Ordinance. 3. Base-Flood Elevation data shall be generated for subdivision proposals and other proposed Development including the placement of Manufactured Home parks and subdivisions which are greater than fifty (50) lots or five (5) acres, whichever is lesser, if not otherwise provided pursuant to 1.06, Subsection B or Section 1.07, Subsection B. 8. of this Article. 4. Base-Flood Elevation data, with the establishment of a floodway, shall be generated by a detailed engineering study for all Zone A areas, within 100 feet of the boundary lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the Town’s FIRM. 5. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have adequate drainage provided to reduce exposure to Flood hazards. 6. All subdivision proposals including the placement of Manufactured Home Parks and Subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate Flood damage. 7. Compensatory Storage requirement (cut and fill) is required by developers to compensate for the loss of conveyance (storage) caused by filling in the Floodplain fringe by removing the hydraulically equivalent amount of material in the Floodplain near the proposed Development. This will help to maintain Flood storage and ensure that floodwaters will not be displaced onto another property as the result of a Floodplain fill. D. Standards for Areas of Shallow Flooding (AO/AH Zones) Located within the areas of special flood hazard established in Section 1.06, Subsection B, are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is Town Council 43 of 231 Meeting Date: April 4, 2011 characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to two (2) feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the Town's FIRM (at least 2 feet if no depth number is specified). 2. All new construction and substantial improvements of non-residential structures; (a) have the lowest floor (including basement) elevated to two (2) feet above the base flood elevation or the highest adjacent grade at least as high as the depth number specified in feet on the Town's FIRM (at least 2 feet if no depth number is specified), or (b) together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone level, the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 1.07, Subsection C are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. E. Floodways Floodways located within Areas of Special Flood Hazard established in 1.06, Subsection A, are areas designated as Floodways. Since the Floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, New Construction, Substantial Improvements and any other Development within the adopted Regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would Town Council 44 of 231 Meeting Date: April 4, 2011 not result in any increase in flood levels within the Town during the occurrence of the base flood discharge. 2. If Section 1.08, Subsection E. 1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 1.08. 3. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program Regulations, the Town of Trophy Club may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the Town of Trophy Club first completes all of the provisions required by Section 65.12. Section 1.08 Violations A. No Structure, land, or Development shall hereafter be constructed, located, extended, converted or altered without full Compliance with the terms of this Article and other applicable regulations. B. A Structure or other Development without the Elevation Certificate, other certifications, or other evidence of Compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) and is presumed to be in Violation until such time as that documentation is provided. Section 3. Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person-violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. The remedy provided herein shall be cumulative of all other remedies authorized by law. Section 4. Cumulative Repealer Clause This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated Town Council 45 of 231 Meeting Date: April 4, 2011 or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. Section 5. Severability If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. Savings All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all Violations of the provisions of any other Ordinance affecting Flood damage prevention regulations which have secured at the time of the effective date of this Ordinance; and, as to such accrued Violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 7. Publication The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. Section 8. Engrossment and Enrollment The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. Section 9. Effective Date This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. Town Council 46 of 231 Meeting Date: April 4, 2011 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 4th day of April, 2011. ________________________________ Connie White, Mayor Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: ______________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ______________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 47 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-176-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding an Ordinance amending Ordinance 2011-08 of the Town Council ordering and calling a General Election and a Special Election to be held on May 14, 2011; amending the Ordinance to include the Joint Election Agreement between The Town of Trophy Club and Tarrant County and providing a list of Early Voting polling locations for Tarrant County voters; and providing an effective date. A. Consider and approve a Joint Election Agreement with Tarrant County Attachments:ORD 2011-13 Amendment to ORD 2011-08.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Ordinance 2011-08 of the Town Council ordering and calling a General Election and a Special Election to be held on May 14, 2011; amending the Ordinance to include the Joint Election Agreement between The Town of Trophy Club and Tarrant County and providing a list of Early Voting polling locations for Tarrant County voters; and providing an effective date. A. Consider and approve a Joint Election Agreement with Tarrant County EXPLANATION: On February 24, 2011 the Town Council approved Ordinance 2011-08 calling for both a General Election and a Special Election. Council’s action is to amended Exhibits B and C of the Ordinance to include the Joint Election Agreement with Tarrant County and the Early Voting polling locations for Tarrant County Voters. RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of this Ordinance. Town Council 48 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE 2011-08 ORDERING AND CALLING A GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB TO BE HELD ON MAY 14, 2011 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM, ONE (1) COUNCIL MEMBER FOR PLACE #1 FOR A THREE (3) YEAR TERM, AND ONE (1) COUNCIL MEMBER FOR PLACE #2 FOR A THREE (3) YEAR TERM AND; ORDERING AND CALLING A SPECIAL ELECTION FOR THE LEGALIZATION OF THE SALE OF ALL ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY; PROVIDING THAT THIS ORDINANCE SHALL ONLY AMEND EXHIBIT B FOR THE PURPOSE OF ATTACHING AND INCORPORATION THE “JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB AND TARRANT COUNTY” AND FOR THE PURPOSE OF AMENDING EXHIBIT “C” TO ADD EARLY VOTING POLLING LOCATIONS FOR TARRANT COUNTY VOTERS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 24, 2011, the Town Council of the Town of Trophy Club adopted Ordinance No. 2011-08 calling General Election for the purpose of electing one (1) Mayor for a three (3) year term, one (1) Council member for Place #1 for a three (3) year term, and one (1) Council member for Place #2 for three (3) year term to the Town of Trophy Club Town Council and to call a Special Election with a combined ballot for the purpose of submitting to the legally qualified voters of the Town the determination of the legalization of the sale of all alcoholic beverages for off-premise consumption only; and WHEREAS, at the time of approval of Ordinance No. 2011-08, Tarrant County advised the Town that it would not proffer a Joint Election Agreement until after the passage of the deadline for cancellation of elections; WHEREAS, since the deadline for cancellation of elections has passed, Tarrant County is now able to determine polling places and costs of election for each of the entities holding and election; WHEREAS, the purpose of this amendment to Ordinance No. 2011-08 is to include the “Joint Election Agreement Between the Town of Trophy Club, Texas and Tarrant County as Exhibit “B” thereto and to amend Exhibit “C” to set forth the early voting polling locations available to Tarrant County voters; and Town Council 49 of 231 Meeting Date: April 4, 2011 WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. Exhibit “B” to Ordinance No. 2011-08 is hereby amended to include the Joint Election Agreement between the Town of Trophy Club, Texas and Tarrant County (“the Contract”). A copy of the Contract is attached hereto as Exhibit “B and is incorporated herein. Section 3. Exhibit “C” to Ordinance No. 2011-08, is hereby amended to list early voting polling locations for Tarrant County voters. A copy of the revised Exhibit “C” is attached hereto and incorporated herein. Section 4. The Town Manager or the Town Manager’s designee is authorized to amend or supplement the Contract (Exhibit “B”) to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. Section 5. The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. Section 6. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 4th day of April, 2011. ________________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: _____________________________ Town Secretary, Shannon DePrater Town of Trophy Club, Texas [SEAL] Town Council 50 of 231 Meeting Date: April 4, 2011 APPROVED AS TO FORM: ___________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas Town Council 51 of 231 Meeting Date: April 4, 2011 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Town Council 52 of 231 Meeting Date: April 4, 2011 Page 1 of 10 THE STATE OF TEXAS COUNTY OF TARRANT JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Tarrant County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Tarrant County: City of Arlington City of Bedford City of Benbrook City of Blue Mound City of Colleyville City of Everman Town of Flower Mound City of Forest Hill City of Fort Worth City of Grapevine City of Haltom City City of Keller Town of Lakeside City of Lake Worth City of Mansfield City of North Richland Hills City of Pelican Bay City of Richland Hills City of River Oaks City of Southlake Town of Trophy Club City of Watauga Arlington Independent School District Carroll Independent School District Crowley Independent School District Eagle Mountain-Saginaw Independent School District Grapevine-Colleyville Independent School District Hurst-Euless-Bedford Independent School District Keller Independent School District Lewisville Independent School District Lake Worth Independent School District Mansfield Independent School District Northwest Independent School District White Settlement Independent School District This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 14, 2011 election to be administered by Steve Raborn, Tarrant County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 14, 2011. Tarrant County plans to hold a local option election within the City of Arlington on May 14, 2011. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: Town Council 53 of 231 Meeting Date: April 4, 2011 Page 2 of 10 I. ADMINISTRATION The parties agree to hold a “Joint Election” with Tarrant County and each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Tarrant County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Tarrant County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Tarrant County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. It is understood that other political subdivisions may wish to participate in the use of the County’s electronic voting system and polling places, and it is agreed that the Elections Administrator may enter into other contracts for election services for those purposes on terms and conditions generally similar to those set forth in this contract. In such cases, costs shall be pro-rated among the participants according to Section XI of this contract. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances. Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Tarrant County Elections Administrator. The Elections Administrator shall prepare a submission, on behalf of all participating authorities, to the United States Department of Justice for preclearance of the joint election procedures and polling places, pursuant to the Voting Rights Act of 1965, as amended. The Elections Administrator will provide to each participating authority a photocopy of the joint submission and any correspondence from the Department of Justice. The joint submission prepared by the Elections Administrator will not include submission of information for any special elections held by the participating authorities. Participating authorities are hereby notified and encouraged to prepare their own submissions to the United States Department of Justice for special election procedures, or any changes that are specific to their own political subdivision. By signing this agreement, each participating authority certifies that it has no unresolved preclearance or voting rights issues known to it that would preclude or delay Department of Justice preclearance of the joint election. The Elections Administrator will file an amended submission to the United States Department of Justice in the event that any polling places are changed after the original submission is filed, including changes resulting from the withdrawal of one or more participating authorities pursuant to Section XII of this contract. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all election day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections Town Council 54 of 231 Meeting Date: April 4, 2011 Page 3 of 10 conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 14, 2011 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 13, 2011 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 14, 2011 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Tarrant County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2000 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Tarrant County pursuant to Texas Election Code Section 32.091. The election judge will receive an additional sum of $25.00 for picking up the election supplies prior to election day and for returning the supplies and equipment to the central counting station after the polls close. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the same hourly rate that they are to be paid on election day. The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on election day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Tarrant County in accordance with Election Code Sections 87.005, 127.004, and 127.006. Town Council 55 of 231 Meeting Date: April 4, 2011 Page 4 of 10 V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, official ballots, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), College District, and other political subdivisions. Early Voting by Personal Appearance shall be conducted exclusively on Tarrant County’s eSlate electronic voting system. On election day, voters shall have a choice between voting on the eSlate electronic voting system or by a paper ballot that is scanned at the polling place using Tarrant County’s eScan voting system. Provisional ballots cast on election day will be cast only on the eSlate electronic voting system to prevent the possibility of paper provisional ballots from being immediately counted via the eScan ballot scanner. The number of paper ballots printed for election day voting shall be, at a minimum, equal to the same election day turnout as in the last comparable election plus 25 percent of that number, with the final number of ballots ordered per polling place or precinct adjusted upward to end in a number divisible by 50. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Tarrant County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Tarrant County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. Town Council 56 of 231 Meeting Date: April 4, 2011 Page 5 of 10 As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The Elections Administrator shall post on the county website each participating authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the county website no later than 8:00 AM each business day. VII. EARLY VOTING BALLOT BOARD Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central and remote counting stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Steve Raborn, Tarrant County Elections Administrator Tabulation Supervisor: Stephen Vickers, Tarrant County Elections Operations Manager Presiding Judge: Jeanne Lyon Alternate Judge: Bobbie Cornelison The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Tarrant County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. Each participating authority shall be responsible for the official canvass of its respective election(s). The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority unless requested otherwise. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. Town Council 57 of 231 Meeting Date: April 4, 2011 Page 6 of 10 IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY The Elections Administrator agrees to administer the entire City of Mansfield election including that portion of the City of Mansfield that is within Ellis and Johnson Counties. The Elections Administrator agrees to administer the entire Crowley ISD election including that portion of Crowley ISD that is within Johnson County. The Elections Administrator agrees to administer the entire Mansfield ISD election including that portion of Mansfield ISD that is within Johnson County. For all other political subdivisions having territory outside Tarrant County, the Elections Administrator shall administer only the Tarrant County portion of those elections. The City of Mansfield, Crowley ISD, and Mansfield ISD all agree to make other arrangements for election services for their voters outside Tarrant County in subsequent elections. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or election day voting locations in a runoff election. If necessary, any voting changes made by a participating authority between the original election and the runoff election shall be submitted by the authority making the change to the United States Department of Justice for the preclearance required by the Federal Voting Rights Act of 1965, as amended. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 14, 2011 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 18, 2011. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for election day judges and clerks and election day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated Town Council 58 of 231 Meeting Date: April 4, 2011 Page 7 of 10 with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non- temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by Mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Tarrant County, and that do not have an election day polling place or early voting site within their jurisdiction shall pay a flat fee of $400 for election expenses. Each participating authority agrees to pay the Tarrant County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Tarrant County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Tarrant County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Tarrant County Elections Center, may be dropped from the joint election unless one or more of the remaining participating authorities agree to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS Town Council 59 of 231 Meeting Date: April 4, 2011 Page 8 of 10 A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the Tarrant County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Tarrant County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. Each participating authority agrees to pay the Tarrant County Elections Administrator a deposit of approximately 75% of this estimated obligation no later than 15 days after execution of this agreement. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 14, 2011 election (or runoff election, if applicable), and if the amount of an authority’s total obligation exceeds the amount deposited, the authority shall pay to the Elections Administrator the balance due within 30 days after the receipt of the final invoice from the Elections Administrator. However, if the amount of the authority’s total obligation is less than the amount deposited, the Elections Administrator shall refund to the authority the excess amount paid within 30 days after the final costs are calculated. Town Council 60 of 231 Meeting Date: April 4, 2011 Page 9 of 10 The total estimated obligation and required deposit for each participating authority under the terms of this agreement shall be as follows: Actual # Billed # Estimated Deposit Political Subdivision Polls Polls Cost Due Estimated costs to be inserted here when available THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Town Council 61 of 231 Meeting Date: April 4, 2011 Page 10 of 10 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to-wit: (1) It has on the _______ day of _______________, 2011 been executed by the Tarrant County Elections Administrator pursuant to the Texas Election Code so authorizing; (2) It has on the _______ day of _______________, 2011 been executed on behalf of the REPLACE WITH NAME OF POLITICAL SUBDIVISION HERE pursuant to an action of the REPLACE WITH NAME OF POLITICAL SUBDIVISION HERE so authorizing; ACCEPTED AND AGREED TO BY THE TARRANT COUNTY ELECTIONS ADMINISTRATOR: APPROVED: ___________________________________________ STEVE RABORN ACCEPTED AND AGREED TO BY THE REPLACE WITH NAME OF POLITICAL SUBDIVISION HERE: APPROVED: ATTEST: ---DRAFT VERSION--DO NOT SIGN--- ---DRAFT VERSION--DO NOT SIGN--- ___________________________________________ __________________________________________ REPLACE WITH NAME, TITLE REPLACE WITH NAME, TITLE IMPORTANT NOTE: THIS IS A DRAFT VERSION ONLY. A SEPARATE FINALIZED VERSION OF THIS AGREEMENT WILL BE SENT TO ALL PARTICIPANTS ONCE EVERYONE HAS APPROVED THE DRAFT VERSION. DO NOT SIGN THIS VERSION. Town Council 62 of 231 Meeting Date: April 4, 2011 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, May 2 Tuesday, May 3 Wednesday, May 4 Thursday, May 5 Friday, May 6 Saturday, May 7 Monday, May 9 Tuesday, May 10 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Tarrant County Trophy Club Tarrant County voters may vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. Town Council 63 of 231 Meeting Date: April 4, 2011 Page 1 of 3 Revised 3/25/2011 2:39:50 PM EARLY VOTING FOR MAY 14, 2011 (VOTACIÓN ADELANTADA DE 14 DE MAYO DE 2011) JOINT – GENERAL AND SPECIAL ELECTIONS (ELECCIONES GENERALES Y ESPECIALES CONJUNTAS) EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS (DÍAS Y HORAS DE VOTACIÓN TEMPRANO POR APARICIÓN PERSONAL) May (Mayo) 2 - 6 Monday - Friday (Lunes - Viernes) 8:00 a.m. - 5:00 p.m. May (Mayo) 7 Saturday (Sábado) 7:00 a.m. - 7:00 p.m. May (Mayo) 8 Sunday (Domingo) 11:00 a.m. - 4:00 p.m. May (Mayo) 9 - 10 Monday - Tuesday (Lunes - Martes) 7:00 a.m. - 7:00 p.m. SEE LIST OF LOCATIONS ON BACK (VER LA LISTA DE CASETAS AL REVERSO) EARLY VOTING BY MAIL (VOTACIÓN TEMPRANO POR CORREO) TO RECEIVE A BALLOT APPLICATION OR FOR MORE INFORMATION CALL TARRANT COUNTY ELECTIONS ADMINISTRATION: 817-831-8683 (PARA RECIBIR UNA SOLICITUD PARA BOLETA O MAS INFORMACIÓN LLAMAR AL ADMINISTRADOR DE ELECCIONES DEL CONDADO DE TARRANT: 817-831-8683) Applications for a ballot by mail must be submitted between March 15, 2011 and May 6, 2011 with one of the following requirements: (Solicitudes para una boleta por correo pueden ser sometidas durante el 15 de Marzo de 2011, y 6 de May de 2011, con uno de los siguientes requisitos:) 1. Age of voter is 65 or over on Election Day. (Edad del votante es 65 o mas el Día de Elección.) 2. Voter is disabled. (Votante está incapacitado.) For #1 or #2, the ballot must be mailed to the voter registration residence address/mailing address or to a hospital, nursing home/long-term care facility, retirement center or address of a relative. The relationship of the relative must be indicated. (Para #1 o #2 la boleta debe ser enviada a la dirección residencial/dirección de correo de registro de votante o á un hospital, clinica para convalecientes ó ancianos/facilidad de cuidado de término largo, centro de jubilación o dirección de un pariente. Debe indicar el parentesco del pariente.) 3. Voter is confined in jail - ballot must be mailed to the jail or address of a relative. The relationship of the relative must be indicated. (Votante esta encarcelado - boleta debe ser enviada á la cárcel o a la dirección de un pariente. Debe indicar el parentesco del pariente.) 4. Voter expects to be out of the county on Election Day and during the regular hours for conducting early voting - ballot must be mailed to an address outside the county. (Votante espera estar afuera del condado el Día de Elección y durante las horas regulares de conducir votación temprano - boleta debe ser enviada á una dirección afuera del condado.) Applications must be received at the following address NO LATER THAN FRIDAY, MAY 6, 2011 (Las solicitudes deben ser recibidas por correo a la dirección siguiente NO MAS TARDAR DEL VIERNES, 6 de MAYO de 2011) STEVE RABORN, EARLY VOTING CLERK (Secretario De Votación Adelantada, Steve Raborn) PO BOX 961011 FORT WORTH, TEXAS 76161-0011 FOR VOTERS WITH ONSET OF AN ILLNESS ON OR AFTER MAY 5, 2011, EMERGENCY BALLOT APPLICATIONS MUST BE RETURNED NO LATER THAN 5 PM, ELECTION DAY, AT THE ELECTIONS CENTER, 2700 PREMIER STREET, FORT WORTH, TX 76111 (SEC. 102.001, TEXAS ELECTION CODE.) (PARA VOTANTES CON PRINCIPIOS DE UNA ENFERMEDAD EN O DESPUES DEL 5 DE MAYO DE 2011, SOLICITUDES PARA BOLETA DE EMERGENCIA DEBE SER REGRESADA NO MAS TARDAR DE LAS 5 PM, EL DÍA DE ELECCIÓN, EN EL CENTRO DE ELECCIONES, 2700 PREMIER ST., FORT WORTH, TX 76111 (SEC. 102.001, CÓDIGO DE ELECCIÓN DE TEJAS.) Town Council 64 of 231 Meeting Date: April 4, 2011 Page 2 of 3 Re v i s e d 3 / 2 5 / 2 0 1 1 2 : 3 9 : 5 0 P M Lo c a t i o n s l i s t e d o n t h i s p a g e o n l y a r e o p e n F u l l D a y s a n d H o u r s So l a m e n t e l a s c a s e t a s l i s t a d a s e n é s t a p á g i n a e s t a n ab i e r t a s l o s d í a s y h o r a s d e v o t a c i ó n a d e l a n t a d o EA R L Y V O T I N G F O R M A Y 1 4 , 2 0 1 1 – J O I N T - G E N E R A L A N D S P E C I A L E L E C T I O N S (V O T A C Í O N A D E L A N T A D A D E 1 4 D E M A Y O D E 2 0 1 1 - E L E C C I O N E S G E N E R A L E S Y E S P E C I A L E S C O N J U N T A S ) 1. M A I N E A R L Y V O T I N G S I T E , Ta r r a n t C o u n t y E l e c t i o n s C e n t e r 2 7 0 0 P r e m i e r S t r e e t Fo r t W o r t h , T e x a s 7 6 1 1 1 *E m e r g e n c y b a l l o t s a v a i l a b l e a t t h i s l o c a t i o n o n l y . ( B o l e t a s d e e m e r g e n c i a s o l a m a n t e e s t á n d i s p o n i b l e s e n e s t a c a s e t a . ) Ar l i n g t o n 2 . B o b D u n c a n C e n t e r 2 8 0 0 S o u t h C e n t e r S t r e e t A r l i n g t o n , T e x a s 7 6 0 1 4 Ar l i n g t o n 3 . E l z i e O d o m R e c r e a t i o n C e n t e r 1 6 0 1 N E G r e e n O a k s B o u l e v a r d A r l i n g t o n , T e x a s 7 6 0 0 6 Ar l i n g t o n 4 . F i r e T r a i n i n g C e n t e r 55 0 1 R o n M c A n d r e w D r i v e A r l i n g t o n , T e x a s 7 6 0 1 3 Ar l i n g t o n 5 . S o u t h S e r v i c e C e n t e r 11 0 0 S W G r e e n O a k s B o u l e v a r d A r l i n g t o n , T e x a s 7 6 0 1 7 Ar l i n g t o n 6 . T a r r a n t C o u n t y S u b - C o u r t h o u s e i n A r l i n g t o n 70 0 E A b r a m S t r e e t Ar l i n g t o n , T e x a s 7 6 0 1 0 7 . B e d f o r d P u b l i c L i b r a r y 2 4 2 4 F o r e s t R i d g e D r i v e B e d f o r d , T e x a s 7 6 0 2 1 Be d f o r d 8 . P a t M a y C e n t e r 18 4 9 B C e n t r a l D r i v e B e d f o r d , T e x a s 7 6 0 2 2 9 . B e n b r o o k C o m m u n i t y C e n t e r 22 8 S a n A n g e l o A v e n u e B e n b r o o k , T e x a s 7 6 1 2 6 10 . C o l l e y v i l l e C i t y H a l l 1 0 0 M a i n S t r e e t C o l l e y v i l l e , T e x a s 7 6 0 3 4 11 . C r o w l e y C o m m u n i t y C e n t e r 9 0 0 E a s t G l e n d a l e S t r e e t C r o w l e y , T e x a s 7 6 0 3 6 12 . E u l e s s P u b l i c L i b r a r y 2 0 1 N o r t h E c t o r D r i v e E u l e s s , T e x a s 7 6 0 3 9 Fo r e s t H i l l 13 . M a h a n e y C o m m u n i t y C e n t e r 68 0 0 F o r e s t H i l l D r i v e Fo r e s t H i l l , T e x a s 7 6 1 4 0 Fo r t W o r t h 14 . D i a m o n d H i l l / Ja r v i s L i b r a r y 1 3 0 0 N o r t h e a s t 3 5 t h S t r e e t F o r t W o r t h , T e x a s 7 6 1 0 6 15 . F o r t W o r t h M u n i c i p a l B u i l d i n g 10 0 0 T h r o c k m o r t o n S t r e e t F o r t W o r t h , T e x a s 7 6 1 0 2 Fo r t W o r t h 16 . G r i f f i n S u b - C o u r t h o u s e 32 1 2 M i l l e r A v e n u e F o r t W o r t h , T e x a s 7 6 1 1 9 Fo r t W o r t h 17 . H a n d l e y - M e a d o w b r o o k C o m m u n i t y C e n t e r 62 0 1 B e a t y S t r e e t Fo r t W o r t h , T e x a s 7 6 1 1 2 Fo r t W o r t h 18 . J P S H e a l t h C e n t e r V i o l a M . P i t t s / C o m o Lo w e r L e v e l , A u d i t o r i u m 1 4 7 0 1 B r y a n t I r v i n R o a d N . F o r t W o r t h , T e x a s 7 6 1 0 7 Fo r t W o r t h 19 . N o r t h w e s t B r a n c h L i b r a r y 6 2 2 8 C r y s t a l L a k e D r i v e F o r t W o r t h , T e x a s 7 6 1 7 9 Fo r t W o r t h 20 . R i v e r s i d e C o m m u n i t y C e n t e r 3 7 0 0 E a s t B e l k n a p S t r e e t F o r t W o r t h , T e x a s 7 6 1 1 1 Fo r t W o r t h 2 1 . S o u t h s i d e C o m m u n i t y C e n t e r 95 9 E a s t R o s e d a l e S t r e e t Fo r t W o r t h , T e x a s 7 6 1 0 4 Fo r t W o r t h 2 2 . S o u t h w e s t R e g i o n a l L i b r a r y 40 0 1 L i b r a r y L a n e Fo r t W o r t h , T e x a s 7 6 1 0 9 Fo r t W o r t h 2 3 . S o u t h w e s t S u b - C o u r t h o u s e 65 5 1 G r a n b u r y R o a d F o r t W o r t h , T e x a s 7 6 1 3 3 Fo r t W o r t h 2 4 . S u m m e r g l e n B r a n c h L i b r a r y 4 2 0 5 B a s s w o o d B o u l e v a r d F o r t W o r t h , T e x a s 7 6 1 3 7 Fo r t W o r t h 2 5 . T a r r a n t C o u n t y P l a z a B u i l d i n g 20 1 B u r n e t t S t r e e t Fo r t W o r t h , T e x a s 7 6 1 0 2 Fo r t W o r t h 2 6 . W o r t h H e i g h t s C o m m u n i t y C e n t e r 35 5 1 N e w Y o r k A v e n u e Fo r t W o r t h , T e x a s 7 6 1 1 0 Gr a n d P r a i r i e 2 7 . S t a r r e t t E l e m e n t a r y S c h o o l 26 7 5 F a i r m o n t D r i v e G r a n d P r a i r i e , T e x a s 7 5 0 5 2 28 . G r a p e v i n e - C o l l e y v i l l e I n d e p e n d e n t S c h o o l Di s t r i c t A d m i n i s t r a t i o n B u i l d i n g 30 5 1 I r a E . W o o d s A v e n u e Gr a p e v i n e , T e x a s 7 6 0 5 1 29 . G r a p e v i n e C o m m u n i t y A c t i v i t i e s C e n t e r 1 1 7 5 M u n i c i p a l W a y G r a p e v i n e , T e x a s 7 6 0 5 1 3 0 . H a l t o m C i t y C i v i c C e n t e r 32 0 1 F r i e n d l y L a n e H a l t o m C i t y , T e x a s 7 6 1 1 7 31. Hurst Recreation Center 700 Mary Drive Hurst, Texas 76053 32. Keller Town Hall 1100 Bear Creek Parkway Keller, Texas 76248 Lake Worth 33. Sheriff’s Office North Patrol Division 6651 Lake Worth Boulevard Lake Worth, Texas 76135 34. Mansfield Sub-Courthouse 1100 East Broad Street Mansfield, Texas 76063 35. North Richland Hills Recreation Center 6720 Northeast Loop 820 North Richland Hills, Texas 76180 36. Richland Hills Community Center 3204 Diana Drive Richland Hills, Texas 76118 37. River Oaks City Hall 4900 River Oaks Boulevard River Oaks, Texas 76114 38. Saginaw-Log Cabin Senior Center 405 South Belmont Street Saginaw, Texas 76179 39. Southlake Town Hall 1400 Main Street Southlake, Texas 76092 40. Watauga City Hall 7105 Whitley Road Watauga, Texas 76148 41. White Settlement Public Library 8215 White Settlement Rd White Settlement, Texas 76108 To w n Co u n c i l 65 of 23 1 Meeting Date: April 4, 2011 Page 3 of 3 Re v i s e d 3 / 2 5 / 2 0 1 1 2 : 3 9 : 5 0 P M B l u e M o u n d C i t y H a l l Da l w o r t h i n g t o n G a r d e n s C i t y H a l l Pa n t e g o T o w n H a l l Se n d e r a R a n c h E l e m e n t a r y S c h o o l 3 0 1 S o u t h B l u e M o u n d R o a d 2 6 0 0 R o o s e v e l t D r i v e 1 6 1 4 S o u t h B o w e n R o a d 1 2 1 6 D i a m o n d B a c k L a n e B l u e M o u n d , T e x a s 7 6 1 3 1 D a l w o r t h i n g t o n G a r d e n s , Te x a s 7 6 0 1 6 P a n t e g o , T e x a s 7 6 0 1 3 Ha s l e t , T e x a s 7 6 0 5 2 TC U – T e x a s C h r i s t i a n U n i v e r s i t y UT A – U n i v e r s i t y o f T e x a s a t A r l i n g t o n Vi l l a g e s o f W o o d l a n d S p r i n g s Br o w n – L u p t o n U n i v e r s i t y U n i o n E . H . H e r e f o rd U n i v e r s i t y C e n t e r Am e n i t y B u i l d i n g 29 0 1 S t a d i u m D r i v e 30 0 W . 1 st S t r e e t 12 2 0 9 T i mb e r l a n d B o u l e v a r d Fo r t W o r t h , T e x a s 7 6 1 2 9 Ar l i n g t o n , T e x a s 7 6 0 1 9 Fo r t W o r t h , T e x a s 7 6 2 4 4 Ea s t R e g i o n a l L i b r a r y H a s l e t P u b l i c L i b r a r y P e l i c a n B a y C i t y H a l l 6 3 0 1 B r i d g e S t r e e t 1 0 0 G a m m i l S t r e e t 1 3 0 0 P e l i c a n C i r c l e Fo r t W o r t h , T e x a s 7 6 1 1 2 H a s l e t , T e x a s 7 6 0 5 2 A z l e , T e x a s 7 6 0 2 0 Ma y 1 4 , 2 0 1 1 - T e m p o r a r y B r a n c h E a r l y V o t i n g L o c a t i on s – P l e a s e N o t e V a r i o u s D a y s a n d H o u r s o f V o t i n g (1 4 d e M a y o d e 2 0 1 1 – C a s e t a s t e m p o r a l e s p a r a V o t a c i ó n A d e l a n t a d a – F a v o r d e n o t a r d í a s y h o r a s d i v e r s o s ) Ti m b e r l i n e E l e m e n t a r y S c h o o l Si l v e r L a k e E l e m e n t a r y S c h o o l Be a r C r e e k E l e m e n t a r y S c h o o l Gl e n h o p e E l e m e n t a r y S c h o o l Bransford Elementary School 3 2 2 0 T i m b e r l i n e D r i v e 1 3 0 1 N . D oo l e y S t r e e t 4 0 1 B e a r C r e e k D r iv e 6 6 0 0 G l e n h o p e C i r c l e 6 0 1 G l a d e R o a d G r a p e v i n e , T e x a s 7 6 0 5 1 G r a p e v in e , T e x a s 7 6 0 5 1 E u l e s s , T e x a s 7 6 0 3 9 C o l l e y v i l l e , T e x a s 7 6 0 3 4 C o l l e y v i l l e , T e x a s 7 6 0 3 4 Ha r w o o d J u n i o r H i g h S c h o o l Be d f o r d H e i g h t s E l e m e n t a r y S c h o o l So u t h E u l e s s E l e m e n t a r y S c h o o l L . D . B e l l H i g h S c h o o l Lakewood Elementary School 3 0 0 0 M a r t i n D r i v e 1 0 0 0 C u m m i n g s R o a d 6 0 5 S o u t h M a in S t r e e t 1 6 0 1 B r o w n T r a i l 1 6 0 0 D o n l e y D r i v e B e d f o r d , T e x a s 7 6 0 2 1 B e d f o r d , T e x a s 7 6 0 2 1 E u l e s s , T e x a s 7 6 0 4 0 H u r s t , T e x a s 7 6 0 5 4 E u l e s s , T e x a s 7 6 0 3 9 Gr a p e v i n e H i g h S c h o o l He r i t a g e E l e m e n t a r y S c h o o l GC I S D P r o f e s s i o n a l D e v e l o p m e n t E d u c a t i o n C e n t e r 32 2 3 M u s t a n g D r i v e 45 0 0 H e r i t a g e Av e n u e 58 0 0 C o l l e y v i l l e B o u l e v a r d Gr a p e v i n e , T e x a s 7 6 0 5 1 Gr a p e v i n e , T e x a s 7 6 0 5 1 Co l l e y v i l l e , T e x a s 7 6 0 3 4 Pe n n i n g t o n F i e l d Tr i n i t y H i g h S c h o o l Ri v e r T r a i l s E l e m e n t a r y 15 0 1 C e n t r a l D r i v e 50 0 N o r t h I n d u s t r i a l B o u l e v a r d 88 5 0 E l b e T r a i l Be d f o r d , T e x a s 7 6 0 2 2 Eu l e s s , T e x a s 7 6 0 3 9 Fo r t W o r t h , T e x a s 7 6 1 1 8 Ma y (M a y o ) 3 – 5 Tu e s d a y – T h u r s d a y (M a r t e s – J u e v e s ) 8: 0 0 a . m . – 5 : 0 0 p . m . Ma y (Ma y o ) 9 - 1 0 M o n d a y – T u e s d a y (L u n e s – M a r t e s ) 7: 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 2 Mo n d a y (L u n e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 3 Tu e s d a y (M a r t e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 4 We d n e s d a y (M i é r c o l e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 5 Th u r s d a y (J u e v e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . May (Mayo) 6 Friday (Viernes) 11:00 a.m. – 7:00 p.m. Ma y (M a y o ) 7 Sa t u r d a y (S á b a d o ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 8 Su n d a y (D o m i n g o ) 11 : 0 0 a . m . – 4 : 0 0 p . m . Ma y (M a y o ) 9 Mo n d a y (L u n e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . Ma y (M a y o ) 1 0 Tu e s d a y (M a r t e s ) 11 : 0 0 a . m . – 7 : 0 0 p . m . To w n Co u n c i l 66 of 23 1 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-173-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" by adopting Article XV, entitled “Special Events” for the purpose of regulating Special Events held within the Town and requiring a Special Event Permit; amending Chapter 5, "General Land Use", Article IV, "Sign Regulations", Section 4.05(E) “Special Purpose Signs” to adopt provisions regulating Special Event Signage; providing a penalty; and providing an effective date. Attachments:ORD 2011-14 Special Events.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending Chapter 10, "Public Safety" by adopting Article XV, entitled “Special Events” for the purpose of regulating Special Events held within the Town and requiring a Special Event Permit; amending Chapter 5, "General Land Use", Article IV, "Sign Regulations", Section 4.05(E) “Special Purpose Signs” to adopt provisions regulating Special Event Signage; providing a penalty; and providing an effective date. EXPLANATION: A special events ordinance is needed at this time due to growth within the Town, which has caused an increase in events held in Trophy Club that impact various Town departments. Issues such as traffic control and public safety involve the Police and Fire/EMS Departments, but sanitation, trash pick up, street closures, and other uses of Town assets are also a concern. On March 21, 2011, Council discussed a draft Special Events Ordinance. Based on feedback and suggestions from Council, a Special Events Ordinance is attached for Council action. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Enhance citizen volunteer opportunities Expand and promote recreational / active live style opportunities for all ages Forge collaborative relationships with other governmental and public entities RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council 67 of 231 Meeting Date: April 4, 2011 File #: 2011-173-T, Version: 1 Town Council 68 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB ORDINANCE NO. 2011-14 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB BY ADDING ARTICLE XV, ENTITLED “SPECIAL EVENTS” TO CHAPTER 10 ENTITLED “PUBLIC SAFETY”, REGULATING SPECIAL EVENTS HELD WITHIN THE TOWN AND REQUIRING A SPECIAL EVENT PERMIT AND AMENDING ARTICLE IV ENTITLED “SIGN REGULATIONS” OF CHAPTER 5 ENTITLED “GENERAL LAND USE” OF THE CODE OF ORDINANCES OF THE TOWN BY REPEALING EXISTING SUBSECTION “E” ENTITLED “SPECIAL PURPOSE SIGNS” OF SECTION 4.05 ENTITLED “TEMPORARY SIGNS” AND ADOPTING A NEW SECTION 4.05, SUBSECTION (E) “SPECIAL PURPOSE SIGNS” TO ADOPT PROVISIONS REGULATING SPECIAL EVENT SIGNAGE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS TO ADD ARTICLE XV TO CHAPTER 10 AND TO AMEND ARTICLE IV OF CHAPTER 5 AS SET FORTH IN THE ORDINANCE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER 10, ARTICLE XV OR CHAPTER 5, ARTICLE IV, SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) AND THAT EACH DAY THE VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE FOR EACH VIOLATION; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town serves as a prime location for many types of community activities and events; and WHEREAS, the Town has determined it necessary and appropriate for the protection of the general health, safety, and welfare of the public to adopt provisions regulating the manner in which Special Events are conducted and requiring compliance with minimum standards to ensure the safety of the attendees and the citizens of Trophy Club; and WHEREAS, the regulations adopted in this amendment to Chapter 10, “Public Safety” of the Code of Ordinances establish a permit process whereby Town departments, including the Police Department and Fire Department, evaluate proposed Town Council 69 of 231 Meeting Date: April 4, 2011 special event requests and assess those events to determine necessary Town resources; and WHEREAS, the provisions in Chapter 5 “General Land Use”, Article IV “Sign Regulations”, Section 4.05 (E) relating to signage for special events are impacted by the adoption of Article XV of Chapter 10 “Public Safety”, it is necessary to repeal the existing Section 4.05(E) related to Special Purpose Signs and to adopt new provisions regulating signs used for Special Events; and WHEREAS, by the adoption of this Ordinance, the Town can properly regulate special events and require those parties holding such events to pay for the costs of public services expended; and WHEREAS, the Town Council of the Town of Trophy Club, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having been found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS 2.01 Article XV entitled “Special Events” of Chapter 10 entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall be and read in its entirety as follows: Section 15.01. Definitions When used in this Article, the following words and phrases shall be defined as follows: A. Applicant: A Person requesting a Special Event Permit seeking to hold the Special Event and to whom the Special Event Permit is issued. B. Block Party: The use of a street for a residential neighborhood function or event where traffic control is required or which involves the temporary barricading of one or more streets. Town Council 70 of 231 Meeting Date: April 4, 2011 C. Carnival: An event that includes amusement activities, rides, merry-go- rounds, booths for the conduct of games of skill, food dispensary facilities, and side-shows and/or a combination thereof. D. Circus: An event that includes performers, animals or other such means of entertainment and is performed in the open, in a tent, or in any other temporary structure, but does not include performances held inside a permanent building or on government-owned property. E. Concession: A facility at a Special Event where food, drink or other merchandise is offered to the public. F. Non-Profit Organization: An organization or entity that is exempt from the payment of tax pursuant to Section 501 (c) (3) of the Internal Revenue Code. G. Off-Site Parking: Parking immediately adjacent to the site of the Event or at a location outside of the boundaries of the area approved by the Town for the location of the Special Event. H. On-Site Parking: Parking within the boundaries of the area approved by the Town for the location of the Special Event. I. Parade: The assembly of persons whose gathering is the common design and purpose of traveling or marching in procession from one location to another location on a public thoroughfare or right-of-way for the purpose of advertising, fund raising, promoting, celebrating, or commemorating a thing, person, date, or event or point of view on political, religious or social issues. J. Permit Holder: The Person to whom a Special Events Permit is issued. K. Person: An individual(s), corporation, a governmental entity, a nonprofit organization, a sole proprietorship, a partnership, a wholesaler, a retailer, an association, or any other legal entity. L. Reimbursable Costs: All costs and expenses incurred by the Town for activities associated with staging and conducting of an Event, as specifically set forth in this Article. M. Sidewalk: That portion of a street intended for the primary use of pedestrians that is located between the curb lines, or lateral lines of a roadway, and the adjacent property lines. N. Special Event or Event: A planned temporary aggregation of people or attractions for a common purpose, including, but not limited to, street Town Council 71 of 231 Meeting Date: April 4, 2011 fairs, arts and crafts shows, rallies, public entertainments, fun runs, walks, relays, marathons, block parties, parades, or other similar events or attractions, that: 1. Are conducted primarily outdoors; and 2. Interfere with the normal flow or regulation of pedestrian or vehicular traffic; or 3. Require special government services, including, but not limited to, street closure, provision of barricades, refuse services, stages, special parking arrangements, special electrical services or special police services or protection. O. Special Events Coordinator: The person designated by the Town Manager who shall serve as the point of contact for Applicants and Permit Holders and who shall serve as chair the Special Event Review Committee. P. Special Event Permit or Permit: Written authorization from the Town authorizing a Permit Holder to conduct a Special Event. Q. Special Event Review Committee: A committee consisting of Town Staff from the Police Department, Fire Department, Community Development, Code Enforcement, Parks & Recreation, Streets, and such additional departments as determined necessary by the Town Manager. R. Street: The entire width of the publicly or privately owned right-of-way, when any part thereof is open to the use of the public for purposes of vehicular traffic. S. Town Manager: The Town Manager of the Town of Trophy Club or his designee. Section 15.02. Permit Required / Exemptions A. Permit Required. Unless expressly exempted from the requirements of this Article, a Person shall obtain a Special Event Permit prior to commencing, holding or conducting a Special Event within the Town. A Person commits an offense if he commences, holds, or conducts a Special Event or causes or allows the commencement, holding or conducting of a Special Event without a valid Special Event Permit in place for the Special Event. Town Council 72 of 231 Meeting Date: April 4, 2011 B. Events Exempt from Permit. The following Special Events shall be exempt from the Permit requirement of this Article: 1. A Town or MUD1 sponsored event; 2. An event wholly contained on privately owned property specifically designed or suited for the Event which holds a Certificate of Occupancy for such use and which has sufficient on-site parking space to accommodate the Event; 3. A Funeral procession. C. Council Approval Prerequisite. Applicants for Permits shall first receive the approval of the Planning and Zoning Commission and Council as a condition precedent to the filing of an application for a Special Event Permit for any of the following types of Event: 1. Carnivals 2. Circuses 3. Community Festivals (not including the community garage sale or a Town sponsored festival) 4. Community Garage Sales Section 15.03. Application Procedure A. Application. An Applicant seeking to conduct a Special Event within the Town shall submit an application meeting the requirements of this Article and shall pay all fees and costs required under this Article. Permit applications shall be submitted to the Town’s Permit Department, and at minimum, applications shall provide the following information: 1. Name, address, and contact information for the Applicant. If the Special Event is to be conducted for, on behalf of, or by any person or organization other than the Applicant, then the name, address and contact information for that person or organization; 2. Date(s) and hours for which the Permit is requested; 3. Type of proposed use or activity; 4. Type and location of proposed signage; 5. Number of participants and anticipated number of attendees; Town Council 73 of 231 Meeting Date: April 4, 2011 6. Proposed location of the Special Event, including any and all public areas for which use is requested; 7. Number, type and proposed locations of Concession booths or structures that will be used for the sale of goods or services; 8. Number and location of parking spaces or where parking spaces are not available, area designated to accommodate parking for the Event, including an On-Site parking plan showing available parking that meets the requirements of this Article, and where required by this Article, an Off-Site parking plan; 9. Site map showing the location and size of tents, staging, and all other temporary structures, location of fire lanes, and ingress and egress points, 10. Location and number of sanitary facilities; 11. Number and location of loudspeakers and/or other sound amplification devices that will be used for the Event and planned hours of usage; 12. Need for water service, disposal of wastewater, and collection and disposal of solid waste, including the plan for each; 13. List of all other governmental and regulatory approvals needed for the Special Event; and 14. All other information as required on the Town’s Permit application. B. Proof of Compliance with all Governmental Regulations. As a condition precedent to the issuance of a Special Event Permit, an Applicant shall submit written documentation that all permits and approvals required by other governmental agencies have been obtained. C. Deadline for Submission. Applications for a Special Event Permit shall be filed not less than thirty (30) days before the commencement date of the proposed Special Event. Applications received less than thirty (30) days prior to the proposed commencement date of the Special Events may be considered where the Special Events Coordinator determines that the Town has sufficient advance notification to obtain and to provide the resources and services necessary to support the Event. Decisions of the Special Events Coordinator under this Section may be appealed to the Town Manager in accordance with Section 15.11 of this Article. Section 15.04. Special Events Coordinator Town Council 74 of 231 Meeting Date: April 4, 2011 The Special Events Coordinator shall be the authority responsible for administration and enforcement of this Article. The Special Events Coordinator shall: 1. Review all Permit applications submitted and impose requirements as necessary for public health, safety, and welfare based upon the scope and nature of a proposed Event and the responses provided in the Town’s Permit application. Requirements of the Special Events Coordinator shall be conditions precedent to the issuance of a Permit; 2. Convene meetings of the Special Event Review Committee and serve as Chair of the Committee; 3. Have the authority to issue, deny, revoke, and/or suspend a Permit; 4. Have the authority to require a Permit Holder to add additional resources or take additional actions during or after an Event when determined necessary for public safety and welfare; and 5. Take actions necessary for the enforcement of this Article, including without limitation, causing the issuance of citations for violations of this Article. As expressly authorized in this Article, decisions of the Special Events Coordinator are subject to appeal pursuant to Section 15.11 of this Article. Section 15.05. Permit Fees and Costs A. Permit Fee. A Permit fee of Fifty Dollars ($50.00) shall be paid in order to cover the costs of Permit Review and the administration of the Permit. The amount of Permit fee specified herein shall control unless such fee is expressly modified by an amendment to the Town’s Schedule of Fees codified in Chapter 1 of the Code of Ordinances of the Town. B. Reimbursable Costs. In addition to the Permit fee required in Section A, all Reimbursable Costs, including without limitation the following, shall be paid as specifically set forth in this Section: 1. Utilities services provided to the Special Event, including all of the costs of installation, maintenance, and connection. 2. Barricades and cones. 3. Special Event parking. Town Council 75 of 231 Meeting Date: April 4, 2011 4. Food services inspection. 5. Repair, maintenance and removal of facilities in the event of a failure of applicant/promoter. 6. Repair of streets, alleys, sidewalks, parks and other public property. 7. Police protection. 8. Fire protection. 9. Emergency medical service. 10. Garbage disposal and cleanup. 11. Traffic control. 12. Equipment including, but not limited to, bleachers, sound equipment, tents, tables, and chairs; 13. Other direct and indirect costs associated with the Special Event C. Payment of Reimbursable Costs. In addition to applicable Permit fees, the Permit Holder shall be required to pay all Reimbursable Costs associated with the Special Event. The Special Event Coordinator shall provide an estimate of such Reimbursable Costs at least ten (10) days prior to the Event. As security for payment of the identified Reimbursable Costs, the Permit Holder shall post cash deposit in the full amount of the Reimbursable Cost estimates. Within seven (7) days following the Event, the Special Event Coordinator shall provide the Permit Holder with written notice of the total amount of the Reimbursable Costs actually incurred as a result of the Event. If the amount of the actual Reimbursable Costs is less than the amount of the written estimate, then the Town shall issue a refund within seven (7) days after the Event. If the actual Reimbursable Costs are greater than the written estimate of Reimbursable Costs, the Permit Holder shall pay the balance in full on or before the date specified in the written notice from the Town. If a Permit Holder fails to pay the full amount of all Reimbursable Costs, future Permits may be denied by Town or the Town may require two times the amount of the estimated Reimbursable Costs on any and all future Permit applications. Decisions of the Special Events Coordinator under this Section may be appealed to the Town Manager in accordance with Section 15.11 of this Article. Section 15.06. Indemnification, Insurance, and Bonding. Town Council 76 of 231 Meeting Date: April 4, 2011 A. Indemnification. When a Special Event is partially or fully contained on property owned, leased, or controlled by the Town, Applicants shall sign an agreement to indemnify and hold harmless the Town, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the Special Event. Further, such Applicant shall provide insurance and bonding as specifically set forth in this Section. B. Insurance and Bonding Required. When a Special Event is partially or fully contained on the Town rights-of-way or on property owned, leased, or controlled by the Town, the Applicant for a Special Event Permit shall furnish the Town with a certificate of insurance and a surety bond complying with standards established by the Town. The amount of the surety bond and the amount of insurance required may be increased or reduced based upon the type of Special Event, equipment, machinery, location, number of people or animals involved and other pertinent factors or risks associated with the Special Event. An application shall be denied if a valid certificate of insurance and/or a valid surety bond meeting Town specifications and approved by the Town is not provided. C. Refund/Cost Overage. The surety bond shall be returned to the Permit Holder within ten (10) days after his Special Event Permit expires, upon certification by the Town Manager that all conditions of this Article have been met and the Town has been compensated for all costs associated with or incurred as a result of the Event. Should actual costs be less than the amount of the surety bond posted by the Permit Holder, the remainder shall be refunded to the Permit Holder by the Town. In the event that actual costs exceed this amount, the Permit Holder shall pay such additional sum to the Town within ten (10) days from the date of written notice by Town. If all amounts due are not timely paid, no future permits shall be issued to the same Permit Holder for a period not to exceed two (2) years. Nothing herein shall preclude the Town from enforcing any legal or equitable remedy against the Permit Holder in addition to the bond. D. Appeal. Decisions of the Special Events Coordinator under this Section may be appealed to the Town Manager in accordance with Section 15.11 of this Article. Section 15.07. Number of Events, Hours of Operation, and Duration of Event A Special Event may be conducted only between the hours of 7:00 a.m. and 10:00 p.m. daily for a maximum of three (3) consecutive days. Only six (6) Special Event Permits per year may be issued to a Person or for a specific Town Council 77 of 231 Meeting Date: April 4, 2011 location within the Town. Appeals of time limit restrictions shall be made directly to the Town Council pursuant to Section 15.11 of this Article. In determining if the issuance of a Permit will exceed the maximum number of Permits allowed per Person or per location, the Town may include in that count Permits issued for Events that have been held or sponsored by a Person, associated with or affiliated with or related to a previous Permit Applicant. Section 15.08. Event Parking Requirements A. On-Site Parking. An Applicant shall submit evidence that sufficient on- site parking will be available to accommodate the projected number of users plus ten-percent (10%). If parking is to be on private property adjacent to the Special Event, written evidence that the Applicant has a right of possession of the property through ownership, lease, license, or other property interest shall be provided. When the location is not an established parking area, a plan shall be submitted which shall show how required parking will be achieved and arranged. The number of parking spaces and layout of the parking area, including aisle widths, size of parking spaces and number of parking attendants provided shall be included in the submittal. B. Off-Site Parking. When adequate On-Site Parking is not available, a proposed plan for Off-Site Parking shall be provided by the Applicant for approval by Town. Such plan shall show how Off-Site Parking and transfer of attendees is proposed to be accomplished. C. Fire Lanes. Fire lanes for emergency equipment shall be provided (if not already existing at the site of the Event), and under the direction of the Fire Chief, the site shall be prepared in a manner so as not to create a fire hazard. D. Parking – Authority of Town. Notwithstanding the existence of a Special Event Permit, the Town shall have the authority when reasonably necessary for the health, safety, and welfare of the public to prohibit or restrict the parking of vehicles along a street or highway or part thereof adjacent to the site of the Special Event. It shall be unlawful for any person to park or leave unattended any vehicle in a location where a sign is placed restricting or prohibiting the parking of a vehicle. Section 15.09. Miscellaneous A. Notice to Abutting Property Owners. The Town Manager shall have authority to require that an Applicant or Permit Holder send notice of a Special Event to abutting property owners when, in the Town Manager’s Town Council 78 of 231 Meeting Date: April 4, 2011 judgment, the Special Event is of a scope and nature that will impact those owners. B. Amusement Rides. Rides and/or attractions associated with Special Event shall conform to the statutory rules and regulations set forth in chapter 2151 of the Texas Occupations Code, designated the “Amusement Ride Safety Inspection and Insurance Act,” as amended. C. Tents and Temporary Structures. Any Special Event which includes the use of a stage, seating, tent, canopy, or other temporary structure shall meet the requirements of the Town’s fire code and building code except that a separate permit is not required when a Special Event permit has been obtained. D. Food and Beverage Service. Where food or beverage is provided or sold, such operation shall be in compliance with all provisions of the food and food establishment ordinances of the Town, as well as all other applicable state and local laws. E. Animal Waste. Waste from animals used in a Special Event shall be removed daily from the grounds. Should animals be kept within the Town limits past 10:00 p.m., they shall be kept not less than five hundred (500) feet from the property line of all developed residential property and not less than three hundred (300) feet from the property line of developed commercial property. F. Water Service. Any Special Event or related activity desiring use of water from the Municipal Utility District 1 (MUD 1) water system must coordinate with the utilities department to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with ordinances of the MUD 1. G. Solid Waste Collection and Disposal. The Applicant shall make appropriate arrangements for the collection of all waste resulting from such Special Event, and commercial solid waste dumpsters must be provided on site at all outdoor Special Events. The Applicant shall make arrangements for the provision of such dumpsters with a commercial solid waste disposal company currently having a franchise agreement with the Town. H. Loudspeakers. When the use of loudspeakers or other sound amplification device is approved in conjunction with the Special Event, the decibel sound level from the loudspeaker shall not exceed 80 decibels at the property line of the Event site for stationary Events and may only be used between the hours of 9:00 a.m. and 6:00 p.m., unless Town Council 79 of 231 Meeting Date: April 4, 2011 otherwise approved by the Town Council. The Town’s Noise Ordinance shall control all other noises generated by or attributable to the Event. I. Signage. Signage used in accordance with the Special Event shall comply with the sign regulations of the Town under the provisions of the Sign Ordinance codified in Chapter 5-General Land Use, Article IV-Sign Regulations, Section 4.05 Temporary Signs, Subsection E. Special Purpose Signs. Signs advertising the Special Event or directing potential customers to the Special Event site are expressly prohibited in the medians of a public or private roadway. J. Sanitary Facilities. Unless indoor facilities are provided by the Applicant, Town may require a Permit Holder to provide portable-type sanitary facilities for the Event in the number and at the location(s) determined necessary and appropriate by Town given the nature and scope of the Event and the estimated number of participants and attendees. Section 15.10. Denial or Revocation A. Permit Denial. The Special Events Coordinator may deny a Special Event Permit if: 1. The Special Event will conflict in time and/or location with another Special Event, parade or assembly for which a Permit has already been granted or for which a Permit application has already been filed and is under review; 2. The Applicant fails to comply with or the Special Event will violate an ordinance of the Town or any other applicable law; 3. The Applicant makes, causes, allows or permits the making of a false or misleading statement or omission of material fact on an application for a Special Event Permit; 4. The Applicant has been convicted of violating this Article, has had a Special Event Permit revoked within the twelve (12) month period preceding the date of the proposed Special Event, or has failed to pay any Reimbursable Costs or other costs or fees assessed by the Town for a previous Special Event within the two (2) year period preceding the date of the proposed Special Event; 5. The Applicant fails to provide proof of a license or permit required by this Article, by another Town ordinance or by state law; Town Council 80 of 231 Meeting Date: April 4, 2011 6. The Special Event, in the opinion of one (1) or more Town departmental directors, would unduly hinder or compromise the delivery or performance of normal services, including previously scheduled construction or maintenance services, or of emergency services, or constitutes a public threat, hazard, or nuisance; 7. The Applicant is unable or unwilling to provide any insurance or bond required under this Article; 8. The Applicant is unable or unwilling to pay any additional costs as may be required by the Town Manager; 9. The Applicant fails to submit a complete application or fails to provide any additional information requested by the Special Events Coordinator; or 10. The Special Events Coordinator determines that the proposed date or time for the Special Event or the location of the Special Event or parking for such Special Event would unduly interfere with or disrupt the educational activities of a school when such school is in session. B. Notice of Denial. If the Special Events Coordinator denies a Permit, the Town shall notify the Applicant in writing of the denial or appealable determination within five (5) days of such determination, and such notice shall state the reason(s) for the denial of the application. C. Permit Revocation. A Special Event Permit shall be revoked by the Special Events Coordinator upon the occurrence of one or more of the following conditions: 1. In the event that the Police Chief, Fire Chief, MUD 1 Manager, other Town officials or their designated representatives find that any of the provisions of this Article, of any Town ordinance, or of state law is being violated, such person shall immediately notify the Special Events Coordinator. The Special Event Permit issued hereunder shall be revoked if the Permit Holder fails to take immediate corrective action upon notification by the Special Events Coordinator; or 2. Notwithstanding the foregoing, when in the judgment of the above- named officials, a violation exists which requires immediate abatement, the Special Events Coordinator shall have the authority to immediately revoke a Special Event Permit; or Town Council 81 of 231 Meeting Date: April 4, 2011 3. The Permit Holder provided false or misleading information on a Permit application, and a Permit was issued based upon that false or misleading information. D. Notice of Permit Revocation – Prior to Commencement of Event. When revocation occurs prior to the commencement of an Event, notice of Permit revocation pursuant to Section C of this Section shall be made in writing immediately upon determination that revocation is proper. Appeals shall be allowed in accordance with Section 15.11 below. E. Notice of Permit Revocation – During Event. When revocation of a Permit occurs at any time after the commencement of, or during, an Event, notice of Permit revocation pursuant to Section C of this Section shall be made verbally to the Permit Holder, and within five (5) days after the date of revocation, written notice shall be provided to the Permit Holder. Appeals shall be allowed in accordance with Section 15.11 of this Article. Section 15.11. Appeals A. Appeal Process. As expressly allowed in this Article, the Applicant or Permit Holder may appeal. All appeals shall be conducted in accordance with the following procedures: 1. If the Special Events Coordinator denies an application or makes a determination under this Article for which appeal is authorized, the Town shall notify the Applicant, or Permit Holder, where applicable, in writing of the denial or appealable determination within five (5) days of such determination. Such Town notice shall state the reason(s) for the denial of the application or the appealable determination. Any Person aggrieved shall have the right to appeal to the Town Manager. 2. If the Special Events Coordinator revokes a Permit, the Town shall notify the Permit Holder as set forth in Section (1) above, and if the Permit Holder elects to appeal that determination, he shall file written notice of appeal to the Town Manager. 3. An appeal to the Town Manager shall be filed in writing and shall be filed with the Town Secretary within five (5) calendar days after receipt of the Town’s notice of denial, revocation, or other appealable decision. The Town Manager shall have five (5) business days after receipt of the written notice of Appeal to make a written determination to uphold, modify, or overturn the decision of the Special Events Coordinator. Decisions of the Town Manager shall be final. Town Council 82 of 231 Meeting Date: April 4, 2011 B. Appeal to Town Council Expressly Authorized. Where an appeal to Town Council is expressly authorized by this Article, such appeal shall be made in writing within five (5) days of written notice to Applicant of such appealable determination. The Town Council shall hear the appeal at its next regularly scheduled Council meeting following the date of receipt of the written appeal and for which State law posting and notice requirements can be met by Town. The decision of the Town Council shall be final. 2.02 Article IV entitled “Sign Regulations” of Chapter 5 entitled “General Land Use” of the Code of Ordinances of the Town of Trophy Club is hereby amended so that Section 4.05 entitled “Temporary Signs”, Subsection E entitled “Special Purpose Signs” of Article IV is repealed in its entirety and a new Section 4.05 (E) entitled “Special Purpose Signs” is hereby adopted and shall be and read in its entirety as follows: E. Special Purpose Signs Special Purpose Signs complying with the provisions of this Section shall be allowed in conjunction with Special Events provided that a Special Event Permit issued pursuant to Article XV of Chapter 10 of the Code of Ordinance has been obtained for the Event. Special Purpose Signs may be posted for Events that are expressly exempt from the Requirements of Article XV of Chapter 10 provided however that all such signs shall comply with the requirements of this Section and other applicable provisions of the Sign Ordinance. 1. Number, Size and Placement a. Banner Signs. One (1) Banner, not to exceed fifty (50) square feet, shall be allowed on the Special Event site. Placement of the Banner shall be subject to the requirements of the Special Event Permit or the approval of the Community Development Director when a Special Event Permit is not required. A Banner shall not be strung between trees, but shall be securely attached to a building, or securely strung between two temporary poles. b. Informational and Directional Signs. Informational and/or Directional Signs advertising the Special Event shall be placed no closer than three (3) feet from the edge of a street, curb or the edge of pavement in a public street right- of-way. In the event that the Town determines that any such sign impedes visibility at intersections, fails to comply with the Special Events Ordinance or Special Event Permit, or that the placement of signage is a nuisance (for instance, obstructing a sprinkler head), Town may remove the sign Town Council 83 of 231 Meeting Date: April 4, 2011 without obligation to return the sign to the owner. No sign shall exceed four (4) square feet. The total number of signs shall not exceed the number specified on the Special Event Permit. Spacing between each sign shall be a minimum of four hundred feet (400’) and shall only be allowed along the following streets: Trophy Club Drive, Indian Creek Drive, Village Trail, Durango Drive and Trophy Wood Drive. Informational and directional signs shall not be allowed on any other streets in Trophy Club. Signs shall not be erected in the center median of any divided roadway. 2. Duration Special Purpose Signs authorized by this Section in accordance with a valid Special Event Permit shall be allowed up to fourteen (14) days prior to the date of the Event. All signage shall be removed within twenty-four (24) hours following the conclusion of the Event. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Town Council 84 of 231 Meeting Date: April 4, 2011 Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person-violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 4th day of April, 2011. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Town Council 85 of 231 Meeting Date: April 4, 2011 Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 86 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-153-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/15/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding a Resolution of the Town Council establishing a Keep Trophy Club Beautiful Committee comprised of citizen volunteers; and providing an effective date. Attachments:Keep Trophy Club Beautiful Committee.pdf RES 2011-06 Adopting a Keep Trophy Club Beautiful Committee.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council establishing a Keep Trophy Club Beautiful Committee comprised of citizen volunteers; and providing an effective date. Town Council 87 of 231 Meeting Date: April 4, 2011 Keep Trophy Club Beautiful Committee General Purpose/Possibilities:  Consider and promote Public Art – for example: o Encourage the selection of art that is accessible to the public and respects the cultural landscape o Encourage role of public art in enhancing economic development and cultural tourism o Encourage the role of public art in the functional design of eligible projects o Encourage the exhibition of art in designated facilities for the enjoyment of the public and to heighten awareness and an appreciation for art  Potential fund raising for art, etc.  Organize Town Cleanup  Holiday Decorations  Consider potential for grant funding  Look at possibility of pocket parks  Consider small garden areas and maintain  Recommend/implement programs  Education programs Term of Office: Recommend 2 years Keep Texas Beautiful Our MISSION is to educate and engage Texans to take responsibility for improving their community environment. We do this through programming and education addressing our three focus areas: Litter Prevention Beautification Waste Reduction Town Council 88 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF A KEEP TROPHY CLUB BEAUTIFUL COMMITTEE COMPRISED OF VARIOUS CITIZEN VOLUNTEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, Section I entitled “Creation of Committees, Boards and Commissions” of Article VI entitled “Town Council Rules of Procedure” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club provides that the Council may, create Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify; and WHEREAS, the Town of Trophy Club desires to improve the physical quality of community life; and WHEREAS, a clean environment contributes to the emotional, physical, and economic well-being of the Town and our residents; and WHEREAS, the Town Council has determined that the creation of a Keep Trophy Club Beautiful Committee will assist greatly in accomplishing its goal of improving the quality of life in the Town; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a Keep Trophy Club Beautiful Committee consisting of ____ members who shall each serve for a term of one (1) year. Section 2. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 21st day of March 2011. _____________________________ Connie White, Mayor Town of Trophy Club, Texas Town Council 89 of 231 Meeting Date: April 4, 2011 ATTEST: ________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 90 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-154-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/15/2011 Town Council On agenda:Final action:3/21/2011 Title:Consider and take appropriate action regarding a Resolution of the Town Council establishing a Sustainability Committee comprised of citizen volunteers; and providing an effective date. Attachments:Environmental Sustainability.pdf Environmental Sustainability Committee.pdf RES 2011-07 Adopting a Sustainability Committee.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council establishing a Sustainability Committee comprised of citizen volunteers; and providing an effective date. Town Council 91 of 231 Meeting Date: April 4, 2011 Environmental Sustainability How do you define environmental sustainability? It’s a subject that many find tough to get a handle on, since there is no one definition that entities and individuals alike agree on. KTB is working to become a leading resource in sustainability issues, and as part of that process, we’d like to share the thoughts, goals and accomplishments of some of our affiliates, along with how they measure up to the ideals of several major players. In 1987, the United Nations’ Brundtland Commission, formerly the World Commission on Environment and Development, defined sustainability as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. The entry on Wikipedia defines environmental sustainability as the process of making sure current processes of interaction with the environment are pursued with the idea of keeping the environment as pristine as naturally possible based on ideal-seeking behavior. And finally, the Environmental Protection Agency, building on the United Nations stance, posits, part, sustainable development reflects not the trade-off between business and the environment but the synergy between them. Town Council 92 of 231 Meeting Date: April 4, 2011 Environmental Sustainability Committee General Purpose/Possibilities  Consider potential programs to be initiated in Trophy Club regarding o Water Conservation o Recycling o Energy Conservation  Organize events/education regarding sustainability options  Make recommendations for town  Promote recycling efforts, particularly at events  Investigate grant opportunities. Town Council 93 of 231 Meeting Date: April 4, 2011 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2011-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF A SUSTAINABILITY COMMITTEE COMPRISED OF VARIOUS CITIZEN VOLUNTEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, Section I entitled “Creation of Committees, Boards and Commissions” of Article VI entitled “Town Council Rules of Procedure” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club provides that the Council may create Committees, Boards and Commissions to assist in the conduct of the operation of the Town government with such duties as the Council may specify; and WHEREAS, the Town Council desires to ensure that our community maintain a balance between our environment, economic development and the social fabric of Trophy Club; and WHEREAS, the Town Council has determined it necessary and appropriate to establish a Sustainability Committee to engage in tasks and projects to accomplish the foregoing objective; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a Sustainability Committee which shall consist of ____ members who shall each serve for a term of one (1) year. Section 2. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 21st day of March 2011. _____________________________ Connie White, Mayor Town of Trophy Club, Texas Town Council 94 of 231 Meeting Date: April 4, 2011 ATTEST: ________________________________ Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 95 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-168-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Town Manager Slye's update regarding the following; discussion of the same. - Regional Council Workshop Recap - Town Survey Update - TML Board Meeting - Friday, April 8, 2011 Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of the same. - Regional Council Workshop Recap - Town Survey Update - TML Board Meeting - Friday, April 8, 2011 Town Council 96 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-178-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/31/2011 Town Council On agenda:Final action:4/4/2011 Title:Town Council Liaison Updates; discussion of same: - March 30, 2011 - COY Committee - Mayor Pro Tem Rose Attachments: Action ByDate Action ResultVer. TITLE Town Council Liaison Updates; discussion of same: - March 30, 2011 - COY Committee - Mayor Pro Tem Rose Town Council 97 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-169-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Neighbor Helping Neighbor - Baseball Opening Day - Regional Joint Council Workshop - Mayors Roundtable - Mayors for Meals on Wheels - Family Camp Out Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Neighbor Helping Neighbor - Baseball Opening Day - Regional Joint Council Workshop - Mayors Roundtable - Mayors for Meals on Wheels - Family Camp Out Town Council 98 of 231 Meeting Date: April 4, 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-170-T Name: Status:Type:Agenda Item Regular Session File created:In control:3/28/2011 Town Council On agenda:Final action:4/4/2011 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. Title Items for Future Agendas. Town Council 99 of 231 Meeting Date: April 4, 2011 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose, 2/1/10) 2. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 3. Consider and take appropriate action regarding placing policies and procedures on the Town web site. (Rose, 2/1/10) 4. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 5. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts, 6/21/10) 6. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 7. Consider and take appropriate action regarding Planning & Zoning readiness if Local Option Election Petition is successful. (Cantrell, 1/3/11) 8. Explore the feasibility of combining the EDCs and improved ways of expending EDC funds. (Strother, 2/24/2011) 9. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) Town Council 100 of 231 Meeting Date: April 4, 2011 Supplemental Information Town Council 101 of 231 Meeting Date: April 4, 2011 T o w n C o u n c i l 1 0 2 o f 2 3 1 M e e t i n g D a t e : A p r i l 4 , 2 0 1 1 T o w n C o u n c i l 1 0 3 o f 2 3 1 M e e t i n g D a t e : A p r i l 4 , 2 0 1 1 1 March 11, 2011 Number 10 POLICE UNIONS OPPOSE PROHIBITION ON UNFUNDED MANDATES At a committee hearing on March 9, a representative from the Combined Law Enforcement Association of Texas (CLEAT) testified against H.J.R. 56 by Rep. Burt Solomons. That’s the resolution that would let voters decide in November whether to nullify state laws enacted after January 1, 2012, that would impose mandates on cities or counties without providing state funds to pay for those mandates. Why would police unions oppose limits on unfunded mandates, especially when such mandates cut into the revenue available to pay police salaries? The answer is simple: the state law that pumps up police salaries and benefits the most – collective bargaining – is itself a type of unfunded mandate, especially the provision that bargaining impasses can be sorted out by district judges. Outlaw unfunded mandates, the police unions must reason, and you outlaw the ability to tie cities’ hands when it comes to expensive employment contracts and retirement benefits. City officials opposed to unfunded mandates should contact their legislators in strong support of H.J.R. 56. On balance, DON’T MISS THE LEAGUE’S 2011 LEGISLATIVE WORKSHOPS The League is pleased to offer live and online seminars regarding the 2011 legislative session: • Online on March 25. • Online on April 15. • Online on May13. • Live in Austin on June 27. Please go to www.tml.org and click on “Training.” Town Council 104 of 231 Meeting Date: April 4, 2011 2 cities can do more – not less – to provide for local law enforcement and other essential services in the absence of costly mandates from state government. TEXAS HOUSE PUTS COURT FEE BILL ON THE FAST TRACK For several weeks, city officials and municipal advocates have expected to see legislation that would raise the “state traffic fine” (a state fee imposed on certain convictions in municipal court), but no one expected what occurred on Monday, March 7. First, some background. In 2003, the legislature imposed a “state traffic fine” of $30 on each traffic violation conviction. That fine, which is really nothing more than a state-imposed tax on municipal court convictions, was in addition to many other state fees that had previously been tacked onto municipal court fines. (Today, the numerous state fees imposed on traffic fines total more than $80.) The state traffic fine is a way for the state to raise money by relying on some other entity (in this case, local governments) to actually generate the revenue. The fee produces approximately $90 million annually. Roughly 62 percent of the total goes to the state’s general fund, 33 percent goes to trauma centers, and five percent is kept by the cities and counties that collect the fee revenue. Prior to the 2011 session, the Legislative Budget Board recommended a 50-percent increase in the state traffic fine: a bump from $30 to $45. This, of course, was an attractive option for lawmakers facing a huge budget-balancing problem. And so it was that H.B. 258 was filed by Rep. Naomi Gonzalez (D-El Paso) on Wednesday, March 2; the bill was referred to the House Ways and Means Committee the next day. None of this came as a surprise. The surprise came two business days later (Monday, March 7) when the House voted to suspend the posting rule and have an immediate committee hearing on H.B. 258. The proponents of the bill (representatives of trauma centers) had clearly been informed in advance and were present at the hearing with prepared testimony. The TML staff was, as always, monitoring House actions, had learned of the rules suspension, and rushed over to the hearing to oppose the bill. Why would TML oppose? Again, some background. The fiscal note on H.B. 258 indicates that the bill will generate roughly $28.5 million in additional annual revenue for the state general fund, $14 million for trauma centers, and $2.4 million for local governments: the cities and counties that must impose and collect the fee. But that fiscal note is very misleading. City officials know that as the state imposes more and more fees on municipal fines, the revenues generated for the city from the fines themselves will decrease. If a municipal judge normally imposes a total charge of $250 for a traffic conviction, each dollar that goes to the state is a dollar that won’t go into municipal coffers. And as the state share goes up, the local share goes down. Thus, contrary to what the H.B. 258 fiscal note says, it is most likely that the bill will reduce municipal revenue. Town Council 105 of 231 Meeting Date: April 4, 2011 3 That’s why city officials should have been given fair and ample notice of the committee hearing on H.B. 258. The League released the following press release on the issue on March 8, the day after the hearing: State tax on cities is highway robbery AUSTIN – The State of Texas takes the first $82 from every municipal traffic fine collected by cities, which amounted to $235 million in 2010. Monday, the House Ways and Means Committee considered a bill to increase the state’s take from every city traffic ticket, skimming off an additional $42 million per year from city traffic fines. H.B. 258 by Rep. Naomi Gonzalez would increase the amount the state siphons off of every municipal traffic violation by $15 – from $82 to $97 – an 18-percent increase. Two-thirds of the revenue from the increase would go to the state’s general fund, and one-third would go to a fund for trauma care and emergency medical services. “Trauma care is certainly an important and worthy service but if the state wants to increase funding for trauma care by $14 million a year, the legislature should do what every city council has to do: cut somewhere else or vote to raise taxes,” said Texas Municipal League President Robert Cluck, Mayor of Arlington. “Taking money out of city treasuries to pay for state services is simply highway robbery that forces cities to cut services or raise property taxes.” Since 2002, the state tax on every municipal traffic violation has risen from $40 to $82. Regardless of the amount a city is able to collect on a traffic violation, the state gets $82 before the city gets any fine money. “In defense of city taxpayers, we have to draw the line and strongly oppose any further increases in this state money grab,” Mayor Cluck said. “It wouldn’t be so bad if the state helped pay for the cost of enforcing municipal traffic laws by providing cities with funding for police salaries, health insurance and retirement benefits or helped pay for the cost of municipal courts. But that’s never going to happen in Texas.” THE CURIOUS COST OF THE SALES TAX REALLOCATION PROPOSAL The House Ways and Means Committee recently heard testimony on proposed legislation that would increase transparency in the sales tax reallocation process for Texas cities. In addition to hearing from several city officials about the benefits of providing due process to cities prior to reallocating tax revenue, the committee heard testimony from the comptroller’s office about the alleged expense of the bill. Under current law, Texas cities are not afforded an opportunity to dispute decisions made by the state comptroller to reallocate sales tax revenue between cities due to reporting errors. House Bill 590, by Town Council 106 of 231 Meeting Date: April 4, 2011 4 State Representative Senfronia Thompson, would grant cities the ability to request an independent audit review by the comptroller regarding sales tax reallocation decisions, while also allowing cities to view certain basic information concerning the pending reallocation. In short, the bill would give cities a limited degree of input to make sure the comptroller correctly reallocates sales tax revenue. Oddly, the comptroller’s office has informed the Legislative Budget Board that the combined cost of providing reallocation information to cities and accommodating a relatively small number of independent audits would exceed ten million dollars over the next five years. Even more perplexing is the comptroller’s estimate that the passage of H.B. 590 would necessitate the hiring of 31 full-time employees to comply with the bill’s requirements. It must be noted that the fiscal note on H.B. 590 is identical to the fiscal note on a different reallocation bill filed by Rep. Thompson last legislative session. That bill (H.B. 1377) would have made dramatically different changes to the reallocation process. Last session’s proposal required the comptroller’s office to conduct formal administrative hearings to settle reallocation disputes, and granted cities the right to appeal the comptroller’s final reallocation decision to Travis County district court. Common sense dictates that the costs of conducting an administrative hearing and paying costs associated with a lawsuit would far exceed the expense to the comptroller of conducting a less involved audit. Nonetheless, the comptroller’s office has indicated that both bills would cost the office the exact same amount in money and added personnel. The meticulous forecasting by the comptroller with regard to every dime spent and the number of full-time employee added under H.B. 590 is difficult to reconcile with the comptroller’s difficulty in producing other expenditure amounts of interest to Texas cities. It is commonly known that the comptroller administers local sales taxes. For this service, the comptroller deducts two percent of the local share of the sales tax and deposits that amount in the state’s general revenue fund. The two- percent fee generates over $100 million annually, of which cities pay close to $79.52 million. As reported in previous issues of the Legislative Update (http://www.tml.org/leg_updates/legis_update012111a_reverse_intergovernmental_aid.asp), the comptroller’s office has been unable to even approximate how much money it has cost the office to provide these services. How can the future cost of a not-yet-enacted bill be so precisely determined? Earlier this year, TML established a Sales Tax Committee to determine the cost to the comptroller for administering local sales taxes. Preliminary findings show that the cost of that function is approximately $27.7 million, resulting in a “profit” of $51.82 million to the State of Texas. Even assuming the fiscal note on H.B. 590 accurately reflects the expected costs to be imposed on the comptroller’s office providing more transparency and due process, is it too much to ask that the state use a small portion of the excess revenue generated from the two-percent fee to support a more equitable sales tax reallocation process for Texas cities? EMERGENCY MEETING OF THE TEXAS COMMISSION ON FIRE PROTECTION: FEE INCREASES LOOMING The Texas Commission on Fire Protection is responsible for providing examinations and certifications to fire personnel and regulating fire training facilities. Under state law, the fees for certification must be paid by a city if the certificate is required for the appointment of the fire Town Council 107 of 231 Meeting Date: April 4, 2011 5 personnel. Also, the fees are limited to an amount that reflects the cost to the commission of providing the examination, certification, or inspection. The commission has announced, with little additional information, that it will hold an emergency meeting regarding the possibility of “raising fees” on Monday, March 14, at 9:00 a.m. in Room 1-104 of the Travis Building, located at 1701 N. Congress in Austin. For more information on this meeting or on the commission, please go to www.tcfp.state.tx.us. The League plans to submit comments on the proposal and to attend the hearing. SIGNIFICANT COMMITTEE ACTIONS S.B. 122 (Ellis), relating to photograph and live lineup identification procedures in criminal cases. Reported from the Senate Jurisprudence Committee. S.B. 173 (West), relating to civil remedy of violations of certain municipal health and safety ordinances. Reported from the Senate Intergovernmental Relations Committee. S.B. 244 (Patrick), relating to the continuing education requirements for certain peace officers. Reported from the Senate Criminal Justice Committee. S.B. 316 (Whitmire), relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition. Reported from the Senate Criminal Justice Committee. S.B. 328 (Carona), relating to notice of a hospital lien. Reported from the Senate State Affairs Committee. As reported, the bill would: (1) require an emergency medical services provider (EMS) to provide written notice to an injured individual of a lien by: (a) not later than the fifth business date that EMS receives notice that a lien has been recorded in the county records, sending written notice to the injured individual or his or her legal representative, by regular mail, informing the individual of the lien and its consequences; or (b) providing written notice at the time of the services that includes information of the billing in 14-point, bolded type on authorization form and the signature of the individual unless consent for emergency care of the individual is not required; and (2) provide that the failure to send the written notice does not affect the validity of the lien. S.B. 360 (Fraser), relating to the composition and use of money in the rural water assistance fund. Reported from the Senate Natural Resources Committee. S.B. 361 (Duncan), relating to indemnification provisions in construction contracts. Reported from the Senate State Affairs Committee. As reported from committee, the bill would essentially eliminate “broad form” indemnification in construction contracts by, among other things, providing: (1) that a provision in a construction contract, or in an agreement collateral to or affecting a construction contract, is void and unenforceable as against public policy to the extent that it requires an indemnitor to indemnify, hold harmless, or defend another party to the Town Council 108 of 231 Meeting Date: April 4, 2011 6 construction contract or a third party against a claim caused by the negligence or fault, the breach or violation of a statute, ordinance, governmental regulation, standard, or rule, or the breach of contract of the indemnitee, its agent or employee, or any third party under the control or supervision of the indemnitee, other than the indemnitor or its agent, employee, or subcontractor of any tier; (2) for an exception to (1), above, for a provision in a construction contract that requires a person to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim for the bodily injury or death of an employee of the indemnitor, its agent, or its subcontractor of any tier; (3) that provision in a construction contract that requires the purchase of additional insured coverage, or any coverage endorsement or provision within an insurance policy providing additional insured coverage, is void and unenforceable to the extent that it requires or provides coverage the scope of which is prohibited for an agreement to indemnify, hold harmless, or defend; (4) for certain exclusions from (1), above; and (5) that the provisions of the bill may not be waived by contract or otherwise. S.B. 396 (Deuell), Relating to the state fire marshal’s investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident. Reported from the Senate Intergovernmental Relations Committee. CITY-RELATED BILLS FILED H.B. 4 (Pitts) – Park Funding: This supplemental appropriations bill would cut parks grants from proceeds of the sporting good sales during the current 2010-2011 biennium by $300,000. H.B. 256 (HIlderbran) – Cable and Video Service: would provide that: (1) beginning September 1, 2011, a cable service provider or video service provider that was not allowed to or did not terminate a municipal franchise under the current state franchise law (S.B. 5 (2005)) may elect to terminate that franchise and seek a state-issued certificate of franchise authority for the area served under the municipal franchise by providing written notice to the Public Utility Commission and the affected city before January 1, 2012; (2) a cable service provider that elects to terminate an existing municipal franchise is responsible for remitting to the affected city, before the 91st day after the date the municipal franchise is terminated, any accrued but unpaid franchise fees due under the terminated franchise; (3) a city may review the business records of a cable service provider or video service provider to the extent necessary to ensure compensation in accordance with a state-issued franchise, provided that the city may only review records that relate to the 48-month period preceding the date of the last franchise fee payment; (4) if a city uses the one-percent public, education, and governmental (PEG) channel fee for a purpose that is not authorized by federal law, the fees are chargeable as a credit against the state-issued franchise fee payments; (5) a city that receives PEG fees: (a) shall maintain revenue from the fees in a separate account established for that purpose; (b) may not commingle revenue from the fees with any other money; (c) shall maintain a record of each deposit to and disbursement from the separate account, including a record of the payee and purpose of each disbursement; and (d) not later than January 31 of each year, shall provide to each certificate holder that pays a fee to the Town Council 109 of 231 Meeting Date: April 4, 2011 7 city a detailed accounting of the deposits to and disbursements from the separate account made in the preceding calendar year; (6) once a local franchise is terminated under the bill, cable services to community public buildings, such as municipal buildings and public schools, no longer must be provided; (7) on the expiration or termination of a local franchise agreement, a provider that provides such services may deduct from the franchise fee to be paid to the city an amount equal to the actual incremental cost of the services in (6) if the city requires the services after that date; and (8) where technically feasible, the holder of a state- issued certificate of franchise authority that is not an incumbent cable service provider and an incumbent cable service provider, including an incumbent cable service provider that holds a state-issued certificate of franchise authority issued after terminating pursuant to the bill, shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG programming. (S.B. 1089 is substantially similar to this bill.) H.B. 257 (Hilderbran) – Utility Deposits: would reduce the amount of time that must pass before an unclaimed utility deposit or other unclaimed personal property is presumed abandoned. (This bill is identical to H.B. 1764 by Harper-Brown.) H.B. 258 (N. Gonzalez) – State Traffic Fine: would increase the amount of the “state traffic fine” on convictions in municipal court from $30 to $45. (This bill is identical to H.B. 1233 by N. Gonzalez.)(Note: See lead article in this edition for more information on this bill.) H.B. 259 (Eiland) – Assessment on Video Providers: would: (1) impose on each video provider (e.g., cable television services and similar services, as well as satellite service) a state “assessment” of 6-1/4 percent of gross revenues derived from the provision of subscription video services in this state (but excluding Internet service); (2) define “gross revenues;” (3) provide that each video provider is entitled to a credit against the assessment imposed under this bill for state or local franchise fees paid to cities; (4) provide that the total credit claimed on an assessment report may not exceed the amount of the assessment due for the report; (5) provide that the assessment imposed by the bill is due and payable to the comptroller on or before the last day of the first month following the end of each calendar quarter; (6) require a provider on whom the assessment is imposed by the bill to maintain the necessary records (which shall be open to the comptroller at all times), and any other information required by the comptroller, to determine the amount of the assessment that the provider is required to remit and any credit that the provider is entitled to claim, the number of subscription video service subscribers in each incorporated area and in the unincorporated area of each county; (7) provide various penalties against a provider that violates the provisions of the bill; (8) require that three-fourths of the revenue collected from the assessment imposed by the bill shall be deposited to the credit of the general revenue fund and one-fourth of the revenue shall be deposited to the credit of the subscription video assessment clearance fund created under the bill; (9) provide that the subscription video assessment clearance fund is a special fund in the state treasury outside the general revenue fund; (10) provide that, effective on January 1, 2012, not later than the last day of the second month following a calendar quarter, the comptroller shall calculate the pro rata share of total subscription video service subscribers for each city and the unincorporated area of each county according to the most recent subscription report filed by each provider; and (11) Town Council 110 of 231 Meeting Date: April 4, 2011 8 require the comptroller to distribute the balance of the amount in the subscription video assessment clearance fund, less up to a five percent administrative fee in certain circumstances, by issuing a warrant drawn on the fund to each city with subscription video service subscribers in an amount equal to the city's pro rata share of the amount in the fund as of the date the warrant is issued and each county with subscription video service subscribers outside of an incorporated area in an amount equal to the county’s pro rata share of the amount in the fund as of the date the warrant is issued. (Note: this bill is apparently meant to be part of a “paired package” with S.B. 1087, below) H.B. 667 (S. Miller) – Groundwater: would: (1) recognize a landowner’s or landowner’s lessee’s ownership of groundwater in place and right to produce groundwater; and (2) permit a landowner’s or landowner’s lessee’s groundwater rights to be limited only by a rule promulgated by a groundwater conservation district if the rule is consistent with Sections 3, 17, and 19, Article I, of the Texas Constitution and the Fifth and Fourteenth Amendments to the U.S. Constitution. H.B. 1820 (R. Anderson) – Texas Municipal Retirement System: would change the definition of “employee” for purposes of participation in the Texas Municipal Retirement System to require that an employee work 1,500 hours per year instead of 1,000 hours a year. (Note: This summary has been revised from a previous edition.) H.B. 2040 (Hamilton) – Emergency Management: would: (1) make crisis incident stress management services provided to emergency response team members confidential; and (2) limit liability for any loss related to an emergency response team member’s provision of critical incident stress management services. (Companion bill is S.B. 1065 by Williams.) H.B. 2042 (Menendez) – Defense Base Development Authorities: would provide that a defense base development authority may charge for the use, lease, or sale of an open space or a facility and various financial and professional services, and would exempt certain commercial aircraft that are under construction inside the authority from ad valorem taxation in certain instances. H.B. 2043 (Menendez) – Property Tax: would provide that a commercial aircraft or tangible personal property that the owner intends to incorporate into, or attach to, a commercial aircraft that is located inside a defense base development authority is not to be considered tangible personal property that is subject to taxation. H.B. 2045 (Berman) – Sales Tax: would provide that a taxpayer may deduct and withhold three-fourths of one percent of the amount of taxes due from the taxpayer on a timely return as reimbursement for the cost of collecting sales taxes, so long as the total amount deducted does not exceed certain specified limits per month, quarter, and year. H.B. 2048 (Lyne) – Hotel Occupancy Taxes: would: (1) allow a city to directly perform an audit, or to contract with another person to perform an audit, to determine any delinquency in hotel occupancy tax payments to the city; (2) require the city to notify the comptroller if the Town Council 111 of 231 Meeting Date: April 4, 2011 9 results of an audit reveal a failure of a hotel to collect or pay hotel taxes; (3) require the comptroller to review the information submitted by a city to determine whether to proceed with collection and enforcement efforts, and distribute 20 percent of any additional amount collected as a result of the audit to the city to defray the cost of the audit; and (4) provide that a city may not receive a percentage of the amount collected if the information submitted to the comptroller was obtained as a result of an audit performed on a contingent fee basis. H.B. 2049 (Lavender) – Property Tax: would make land used for raising or keeping bees for pollination or for the production of human food or other tangible products eligible for appraisal as open-space land for property tax purposes. H.B. 2050 (Pena) – Elections: would allow a poll watcher to use a mechanical or electronic means of recording images or sound while serving as a watcher only if: (1) the device is used to report an irregularity or violation of law relating to the election; or (2) the device is used to contact the authority holding the election, the secretary of state, the attorney general, or a law enforcement officer. H.B. 2051 (Pena) – Elections: would add additional language to the oath administered by an election officer to a person selected to provide assistance to a voter. H.B. 2053 (Pena) – Elections: would provide that a person may not serve as a poll watcher if the person has been convicted of a felony. H.B. 2055 (Pena) – Elections: would require the secretary of state to establish rules to allow counties to use countywide polling places as an alternative election system. H.B. 2056 (Pena) – Elections: would require the early voting clerk of an authority holding an election that does not use as an early voting polling place a location used in the preceding election to notify a person who represents that location of the change as soon as practicable after the authority determines the location of each early voting polling place. H.B. 2057 (Pena) – Elections: would create the offense of criminal conspiracy to interfere with an election for any offense relating to the registration of voters, voting procedures, application for a ballot, or voting by mail. H.B. 2058 (Pena) – Elections: would provide that a person assisting an individual in the completion of an early voting ballot application commits an offense if the person does not sign and print his or her name on the application, regardless of whether the person is in the presence of the applicant. H.B. 2065 (Allen) – Law Enforcement: would: (1) authorize a city to create a pretrial victim-offender mediation program for certain first-time offenders; (2) outline the requirements for the program; (3) provide that victim-offender mediation does not have to be performed by a trained mediator; (4) outline the requirements for a mediation agreement between the parties in a victim-offender mediation; (5) require a city that establishes a Town Council 112 of 231 Meeting Date: April 4, 2011 10 mediation program to notify the attorney general's office; (6) authorize a city to charge a fee for participation in the mediation program, to be based on the defendant’s ability to pay, used only for program purposes, and in an amount not to exceed $500; (7) create a $15 on all property offenses to be sent to the comptroller quarterly for deposit in a special fund; (8) authorize a city with a pretrial victim-offender mediation program to retain 40 percent of the $15 fee collected for maintenance of the program; and (9) authorize any other city to keep ten percent of the fee, so long as the fee is remitted properly. H.B. 2075 (Martinez) – Disease Presumption: would provide that: (1) a firefighter or emergency medical technician (EMT) that has a heart attack or stroke while on duty is presumed to have suffered the illness or death during the course and scope of employment, which means he or she would be covered by workers' compensation for that condition; (2) a firefighter or EMT who contracts acquired immune deficiency syndrome (AIDS), human immunodeficiency vicrus (HIV), hepatitis B, or hepatitis C is presumed to have contracted the disease during the course and scope of employment, which means he or she would be covered by workers' compensation for that condition, if – while on duty: (a) the firefighter or EMT was exposed to a person with these diseases who received treatment from the firefighter or EMT; or (b) the firefighter or EMT regularly responded to scenes or calls involving exposure to blood or other bodily fluids; and (3) a firefighter or EMT who contracts methicillin-resistant staphylococcus aureus (MRSA) resulting in illness or death is presumed to have suffered the illness or death during the course and scope of employment, which means he or she would be covered by workers' compensation for that condition – if, while on duty, the firefighter or EMT was exposed to a person with MRSA who received treatment from the firefighter or EMT. H.B. 2076 (Rodriguez) – Debt Collection: would: (1) authorize a city to contract with a public or private vendor for the collection of a debt related to a civil case, including an unpaid fine, fee, or court cost (but not a commercial bail bond), if the debt is more than 60 days overdue; and (2) allow a city with a vendor described in (1), above, to authorize a collection fee of not more than 30 percent of the amount of the debt collected to be used to compensate the vendor. H.B. 2078 (Villarreal) – Property Tax: would: (1) prohibit appraisal districts and appraisal review boards from conducting their own training for board members; (2) prohibit appraisal districts and appraisal review boards from instructing board members to disregard matters taught by the comptroller or to conduct themselves differently from the manner in which they have been instructed by the comptroller; (3) allow the chief appraiser or employee of an appraisal district or appraisal review board to contact a board member only to discuss administrative, clerical, or logistical matters related to the scheduling and operation of hearings, the processing of documents, the issuance of orders, notices, and subpoenas, and the operation of the appraisal review board; (4) require the appraisal district to provide the appraisal review board with independent counsel of the appraisal review board’s own choosing; and (5) prohibit attorneys from representing an appraisal review board if they or any member of their law firm has represented a property owner, an appraisal district, or a governmental entity on an appraisal issue within the prior twelve months. Town Council 113 of 231 Meeting Date: April 4, 2011 11 H.B. 2084 (Kolkhorst) – Food Regulation: would: (1) prohibit a local health department from regulating a cottage food production operation; (2) allow a local health department to investigate a cottage food production operation if the local health department receives a complaint regarding the operation; and (3) require the Department of Agriculture to develop a program to regulate farmers markets to allow individuals receiving food assistance from the state to use that assistance at farmers market. H.B. 2093 (Thompson) – Construction Insurance: would: (1) authorize the use of a “consolidated insurance program” under which a principal provides insurance on a construction project for several contractors; and (2) provide specific procedures that must be followed to use such a program. H.B. 2100 (Lewis) – Property Tax: would provide that the property of a local government corporation that is located within the boundaries of a local government that the local government corporation was created to aid and act on behalf of, and a transaction to acquire that property, are exempt from taxation in the same manner as a housing finance corporation. (Companion bill is S.B. 1120 by Seliger.) H.B. 2101 (Hernandez Luna) – Municipal Court Records: would require a court, upon the motion of any involved party in a case, to seal identifying financial information or personal identifying information which is included in the court’s record unless the court finds good reason to not do so. H.B. 2102 (Hernandez Luz) – Mandatory Health Benefit: would require a health benefit provider, including a benefits pool, to cover the cost of mammography, low dose mammography, and physician-recommended supplemental breast cancer screening. H.B. 2103 (Jackson) – Public Funds Collateral Act: would establish a letter of credit issued by a federal home loan bank as “eligible security” for collateral to secure public funds. H.B. 2105 (Y. Davis) – Procurement: would provide that: (1) a city may not award a contract to a vendor, bidder, contractor, or subcontractor that will perform the work related to the contract with workers located outside the United States, unless the city first obtains a waiver from the state auditor; and (2) a public agency, including a city, may not award or provide a public subsidy to an applicant that will perform any work related to the subsidy with workers located outside the United States, unless the public agency first obtains a waiver from the state auditor. H.B. 2106 (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 Town Council 114 of 231 Meeting Date: April 4, 2011 12 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. H.B. 2107 (Anchia) – Sexually Oriented Businesses: would require a sexually oriented business to post an outdoor sign if the business applies for a license or permit for a location that is not currently licensed or permitted. (Companion bill is S.B. 1030 by Carona). H.B. 2111 (Woolley) – Gambling: would: (1) provide for the operation of video lottery games by licensed horse and greyhound racetrack operators; (2) prohibit a political subdivision from imposing: (a) a tax, fee, or other assessment on consideration paid to play a video lottery game; and (b) a tax or fee for attendance or admission to a video lottery establishment or a racetrack at which a video lottery establishment is located unless specifically authorized by statute; (3) require a local law enforcement agency, at the Racing Commission’s request and in accordance with an interagency agreement, to conduct criminal background checks on prospective deputies or investigators of the department of security; (4) Town Council 115 of 231 Meeting Date: April 4, 2011 13 require video lottery terminal provider applicants to comply with all local ordinances and rules; and (5) require an applicant for a video lottery terminal establishment license to ensure compliance with all applicable building codes. (Companion bill is S.B. 1118 by Hinojosa.) H.B. 2112 (Price) – Priority Groundwater Management Districts: would allow the Texas Commission on Environmental Quality to adopt rules regarding the inclusion of all or part of the land within certain existing priority groundwater management areas in a new or existing special district. (This bill is identical to S.B. 313 by Seliger.) H.B. 2114 (Coleman) – Recycling: would: (1) create a deposit system for recyclable beverage containers in the state; (2) create a grant program to assist curbside recycling programs and municipal recycling facilities in handling increased recycling rates; (3) require that cans and bottles be recycled through licensed redemption centers or curbside recycling programs in order to receive a deposit refund; (4) authorize a city to open a redemption center; (5) require a redemption center to be licensed by the comptroller, which may establish rules for required hours of operation and remove its approval at any time; and (6) set up a system by which redemption centers and curbside recycling programs may be reimbursed for collection of eligible recyclables. (Companion bill is S.B. 1119 by Ellis). H.B. 2116 (Coleman) – Restraint of Dogs: would strengthen regulations regarding keeping dogs in enclosures, including prohibiting leaving a dog outside and unattended in a small enclosure. H.B. 2128 (Geren) – Certificates of Convenience and Necessity: would authorize a city to designate a “public utility” as defined in Chapter 13 of the Texas Water Code as the retail public utility that is authorized to serve in a newly annexed or incorporated area in a single certification process before the Texas Commission on Environmental Quality. H.B. 2130 (Fletcher) – Coin-Operated Machines: would: (1) require the owners of certain coin-operated machines to display the owner’s name, address, and phone on each machine that is exhibited or displayed; (2) increase the occupation tax that cities can imposes on certain coin-operated machines; (3) increase the fee that a city can charge for releasing a coin-operated machine that has been sealed for failure to pay an occupation tax; and (4) repeal Occupations Code Section 2153.403, which provides for the prorated tax on a coin- operated machine. H.B. 2134 (Solomons) – Public Utility Commission: this is the Public Utility Commission sunset bill. The bill would extend the commission for 12 years, and make various administrative changes to the commission. (In its current form, the bill would not directly affect cities.) H.B. 2139 (Guillen) – Libraries: would require the Library and Archives Commission to establish an “Adopt a Library” program to encourage private investment in and donations to public libraries throughout the state. Town Council 116 of 231 Meeting Date: April 4, 2011 14 H.B. 2141 (Guillen) – Law Enforcement: would commission game wardens as the sole officers responsible for enforcing recreational water safety. H.B. 2144 (Garza) – Uniform Election Dates: would: (1) except the initial election of the members of the governing body of a newly incorporated city from the uniform election date requirement; (2) provide that a newly incorporated city may, not later than the second anniversary of the date of incorporation, change the date on which it holds its general election for officers to another authorized uniform election date; and (3) require a newly incorporated city to select a uniform election date for the general election of its governing body not later than the first anniversary of the date of its incorporation. H.B. 2153 (Eiland) – Automobile Theft Prevention Fee: would: (1) raise the Automobile and Burglary and Theft Prevention Authority fee from $1 to $2; and (2) require that fifty percent of the fee collected for the authority be used for the purposes of automobile burglary and theft prevention. H.B. 2156 (T. King) – Driving Without Insurance: would repeal the state annual surcharges on convictions of driving with an invalid license and driving without insurance. H.B. 2157 (Coleman) – Cell Phone Ban: would: (1) prohibit the use of a wireless communication device while operating a motor vehicle, including use to read, write, or send a text-based communication; and (2) repeal current requirements to post signs at school crossing zones regarding the prohibited use of wireless communication devices. H.B. 2161 (C. Howard) – Municipal Utility Districts: would provide that a city may provide in its written consent for the inclusion of land in a municipal utility district that a contract (e.g., an “allocation agreement”) between the district and the city be entered into prior to the first issue of bonds, notes, warrants, or other obligations of the district. The bill would also provide that the allocation agreement shall contain, among other things, an allocation of the taxes or revenues of the district or the city which will assure that, if the district is located outside the corporate limits of the city on the date its creation is confirmed by the voters, following the date of the inclusion of all the district’s territory within the corporate limits of the city, the total annual ad valorem taxes collected by the city and the district from taxable property within the district does not exceed an amount greater than the city's ad valorem tax upon such property. H.B. 2169 (Aycock) – Property Tax: would: (1) allow a city council to rescind a property tax discount previously adopted by the city council; and (2) provide that the rescission takes effect beginning in the year in which the discount was rescinded, unless the discount was rescinded after September 1, in which case the rescission takes place the following year. H.B. 2174 (Hartnett) – Court Fees: would: (1) create a $5 fee for judicial access and improvement to be collected on certain offenses and remitted to the comptroller for deposit in a judicial access and improvement account; and (2) authorize a city to keep five percent of the fee. Town Council 117 of 231 Meeting Date: April 4, 2011 15 H.B. 2180 (Isaac) – Disorderly Conduct: would provide, in relation to the offense of disorderly conduct, that a noise is presumed unreasonable if the noise exceeds a decibel level of 60. H.B. 2185 (Harper-Brown) – Municipal Court: would: (1) allow deferred disposition for certain motor vehicle offenses for individuals with commercial driver’s licenses (CDLs); (2) extend the time period since the last driver safety course when assigning a driving safety course from twelve months to forty-eight months for CDL holders; (3) authorize a CDL holder to take a driver safety course under a deferred disposition agreement, in certain circumstances and with certain conditions. H.B. 2191 (Elkins) – Elections: would require an application for a ballot to be voted by mail to contain a box for the applicant to choose a language in which the applicant would prefer the ballot to be printed, as well as a notice that if the applicant fails to choose the ballot will be delivered in English. (Companion bill is S.B. 1199 by Patrick.) H.B. 2194 (L. Taylor) – Elections: among other things, would: (1) prohibit a government official who oversees, manages, or administers the elections process from being a candidate for public office or an office of a political party, hold a public office, or hold an office or position in a political party; (2) allow a presiding judge or alternate presiding judge to observe assistance being provided to a voter under certain circumstances; (3) require unofficial election results to be released as soon as they are available after polls close, except that the presiding judge of the central counting station may withhold the release of unofficial election results until the last voter has voted; and (4) provide that the nepotism laws do not apply to an appointment of an election clerk who is not related in the first degree by consanguinity or affinity to an elected official of the authority that appoints the election judges for that election. (Companion bill is S.B. 1128 by Jackson.) H.B. 2196 (Rodriguez) – Theft of Service: would provide, in regard to the offense of theft of service, that if compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period, and the partial payment of wages alone is not sufficient evidence to negate the actor’s intent to avoid full payment for a service. (Companion bill is S.B. 1024 by Rodriguez.) H.B. 2203 (Otto) – Property Tax: would extend a pilot program authorizing a property owner to appeal an appraisal review board determination to the State Office of Administrative Hearings to Collin, Denton, Fort Bend, Montgomery, and Nueces Counties. H.B. 2204 (Oliveira) – Motor Vehicle Registration: would: (1) authorize a city to enter into a contract with the county assessor-collector to provide information so that the assessor- collector can make a determination of whether to refuse to register a motor vehicle because of an outstanding warrant for failure to pay a fine for violation of a traffic law; and (2) authorize a city that has a contract described in (1), above, to impose an additional $20 fee on a person who has an outstanding warrant to use to reimburse the Department of Motor Town Council 118 of 231 Meeting Date: April 4, 2011 16 Vehicles or the county assessor-collector for its expenses for providing services under the contract. H.B. 2208 (Oliviera) – Property Tax: would allow a chief appraiser or collector to waive penalties for the failure to file certain documents only if: (1) the taxpayer seeking the waiver files a written application for the waiver with the chief appraiser or collector, as applicable, not later than the 30th day after the date the declaration or statement was required to be filed; and (2) the taxpayer’s failure to file or timely file was a result of a natural disaster that rendered it impossible to comply with the filing requirement, or an event beyond the control of the taxpayer that destroyed the property or records. H.B. 2209 (Farias) – Sales Tax: would impose a tax on the sale to a retailer of certain sweetened beverages and ingredients used to make certain sweetened beverages, and use the revenue generated by the tax for the promotion of children’s health programs. H.B. 2213 (Farias) – Sales Tax: would impose a tax on the sale to a retailer of certain sweetened beverages and ingredients used to make certain sweetened beverages, and use 40% of the revenue generated by the tax for the promotion of children’s health programs, with the remainder to the credit of the general revenue fund. H.B. 2214 (Farias) – Sales Tax: would impose a tax on the sale to a retailer of certain sweetened beverages and ingredients used to make certain sweetened beverages, and allocate 80 percent of the revenue generated by the tax to the Texas Education Agency, with the remaining 20 percent going to the Department of State Health Services. H.B. 2215 (Paxton) – Property Tax: would require a city that adopts a budget that will require raising more revenue from property taxes than in the previous year to create a cover page that: (1) contains a statement in 18-point or larger font using specific language about the property tax increase; (2) contains the record vote of each member of the governing body regarding the adoption of the budget, the ratification of the property tax increase, and the setting of the property tax rate; and (3) the property tax rates for the preceding and current fiscal years. The bill would also require a city that maintains a Web site to post the record votes of each member of the governing body as stated in (2), above, on the Web site for at least one year from the adoption of the budget. H.B. 2218 (Oliveira) – Property Tax: would change the amount of interest that a city making a refund of property taxes following a judicial proceeding must pay from eight percent to an annual rate of interest paid by the bank on funds deposited in the account maintained by the tax collector for the taxing unit from which refunds are disbursed as of the date on which the final determination of the appeal is made, so long as that rate does not exceed eight percent. H.B. 2220 (Y. Davis) – Property Tax: would provide that: (1) a delinquency date applies only to the amount of taxes required to be paid on the portion of taxable value of the property that is the subject of a motion to change the appraisal role to correct an error that is not in Town Council 119 of 231 Meeting Date: April 4, 2011 17 dispute before the delinquency date; and (2) after filing an oath of inability to pay the taxes at issue, a property owner may be excused from the requirement of prepayment of tax as a prerequisite to the determination of a motion if the appraisal review board finds that such prepayment would constitute an unreasonable restrain on the property owner’s right of access to the board. H.B. 2221 (Y. Davis) – Property Tax: would allow an administrative law judge to award reasonable attorney’s fees in an appeal relating to the appraised or market value of property in an amount that does not exceed the greater of $15,000 or twenty percent of the total amount by which the property owner’s tax liability is reduced as a result of the appeal. H.B. 2225 (Y. Davis) – Eminent Domain: would provide that, if a taking makes relocation of a homestead or farm necessary, the special commissioners in a condemnation proceeding shall admit evidence on 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 that is habitable; or (2) operate a comparable farm, if the property taken is a farm. H.B. 2226 (Truitt) – Public Funds Investment: among other things, would: (1) require a city’s investment policy to include procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments; (2) require a city’s investment officer to attend a training session not less than once each state fiscal biennium; (3) provide that an obligation that is fully guaranteed or insured by the FDIC or by the explicit full faith and credit of the United States is an authorized investment; (4) provide that certain investment in certificates of deposit using a broker are authorized investments; (5) authorize an investment pool to invest its funds in money market mutual funds to the extent permitted by and consistent with state law and the investment policies and objectives adopted by the pool. H.B. 2227 (Coleman) – Municipal Court: would require a municipal judge to make an affirmative finding of fact to be entered into the judgment of the case if an individual is found to have committed the offense of criminal mischief against a specific piece of property because of the defendant's bias or prejudice against a group identified by gender identity or expression. H.B. 2228 (Coleman) – Mandatory Health Benefit: would require health benefit provider, including a pool to provide coverage for self-inflicted injuries to a minor who has a serious mental illness or in an attempt to commit suicide. H.B. 2242 (Munoz) – Property Tax: would include cancer, diabetes, multiple sclerosis, or epilepsy in the definition of “disabled” for purposes of eligibility for a local property tax exemption or local property tax freeze on the residence homestead of a disabled person. Town Council 120 of 231 Meeting Date: April 4, 2011 18 H.B. 2257 (Phillips) – Emergency Notification: would: (1) allow a public service provider, including a city, to use an emergency notification system to notify the provider’s customers, governmental entities and other affected persons of: (a) a disaster or emergency; and (b) actions to take during a disaster or emergency; (2) require an emergency notification system to use a dynamic information database for simultaneous transmission of the information; and (3) give a provider the right to receive confidential 9-1-1 contact information to use the emergency notification system. H.B. 2260 (Zedler) – Immigration: would: (1) require a governmental entity, including a city, to verify the lawful presence of an individual before providing any public benefit including a license, food assistance, educational assistance, unemployment benefit, or other similar benefit if the benefit requires lawful presence under state or federal law or local ordinance or rule; (2) allow a city to offer certain benefits without asking immigration status including: (a) temporary disaster or emergency benefits; (b) emergency health care services; (c) immunizations; and (d) some short term shelter services; (3) allow a city to use the Systematic Alien Verification for Entitlements (SAVE) program, an equivalent program, or adopt its own rules and procedures for determining immigrations status; (4) require a city to make a report regarding the accuracy of its verification program; and (5) require a city to report a false and willful representation of citizenship to the United States attorney in its district. H.B. 2261 (Zedler) – Public Retirement Systems: would prohibit the inclusion of overtime in the amount of a member's compensation under a public retirement system including the Texas Municipal Retirement System and other city retirement systems. H.B. 2262 (Dutton) – Building Permits: would provide that a building permit fee is abolished on the 10th anniversary after the date the fee is adopted or most recently reauthorized unless the governing body of the city that adopted or reauthorized the fee: (1) holds a public hearing on the reauthorization of the fee; and (2) reauthorizes the fee by vote of the governing body. H.B. 2268 (Hancock) – MTBEs: would create an affirmative defense for a person who is subject to an action brought for nuisance or trespass stemming from certain environmental offenses if the person’s actions that resulted in the alleged nuisance or trespass were authorized by a rule, permit, order, license, certificate, registration, approval, or other form of authorization issued by the Texas Commission on Environmental Quality (TCEQ) or the federal government or a federal agency, and: (1) the person was in general compliance with that rule, permit, order, license, certificate, registration, approval, or other form of authorization while the alleged nuisance or trespass was occurring; or (2) the person received enforcement discretion from the TCEQ or federal government or an agency of the federal government for the actions that resulted in the alleged nuisance or trespass. (This bill is identical to S.B. 875 by Fraser.) H.B. 2274 (Eiland) – Elections: would require a city to pay for the expenses of an election Town Council 121 of 231 Meeting Date: April 4, 2011 19 contest for a person elected to the city council, including reasonable attorney’s fees, court costs, and similar related expenses. H.B. 2279 (Eiland) – Prop 2: would add representatives of school districts that are required to take action under the state’s Equalized Wealth Level law to the permanent advisory committee to the Texas Commission on Environmental Quality regarding the implementation of the ad valorem tax exemption for pollution control property. H.B. 2280 (Eiland) – Prop 2: would add at least one representative of a school district or junior college district in which property is located that is subject to an ad valorem tax exemption for pollution control to the permanent advisory committee to the Texas Commission on Environmental Quality regarding the implementation of the ad valorem tax exemption for pollution control property. H.B. 2284 (Hardcastle) – Engineering: would provide that: (1) for purpose of the Engineering Practices Act, the practice of engineering includes the design, conceptual design, or conceptual design coordination of engineering works or systems, including buildings or related structures; and (2) for purposes of the Architect’s Practices Act, and engineer may perform the planning, designing, or supervising work on the features of buildings or related structures. H.B. 2289 (Crownover) – Gas Pipelines/Rights-of-Way: would provide that a gas corporation has the right to lay and maintain lines over, along, under, and across a public road, a canal or stream, or a municipal street or alley and over, under, and across a railroad, a railroad right-of-way, an interurban railroad, or a street railroad only if certain conditions are met. H.B. 2290 (Paxton) – Debt: would: (1) require the comptroller, in consultation with the Bond Review Board, to develop and maintain a computerized database on the comptroller’s Web site that lists the bond and other debt obligations issued by each city and that is searchable by zip code; and (2) require cities to provide information necessary for the database to the comptroller at times required by the comptroller. H.B. 2291 (Callegari) – Regulation of Occupations: would prohibit a governmental entity, including a city, from regulating an individual's right to engage in an occupation if the regulation: (1) substantially burdens the right to engage in the occupation; and (2) the burden is not necessary to protect against a present and recognizable harm. H.B. 2294 (Hunter) – Sovereign Immunity: would state that the declaratory judgment act does not waive sovereign immunity. H.B. 2300 (Coleman) – Mandatory Health Benefit: would: (1) expand the definition of mental illness for insurance purposes; (2) require a health benefit plan to cover mental illness to the same extent, for the same amount of inpatient and outpatient treatment, and under the Town Council 122 of 231 Meeting Date: April 4, 2011 20 same deductibles and limits as coverage for physical injuries; and (3) prohibit exclusion for a mental disorder H.B. 2308 (Cook) – Texas Forest Service: would: (1) allow the Texas Forest Service (TFS) to provide incident management training to local fire personnel to develop the all-hazard response capability of the state; (2) allow the director of the TFS to establish guidelines for volunteer fire departments to assist TFS with wildfires when local firefighting resources are exhausted; (3) allow TFS to compensate volunteer firefighters if resources are available; (4) require TFS to enact a wildfire protection plan; (5) require TFS to review the frequency, size, and severity of past wildfires or future wildfires when determining funding to volunteer fire departments; and (6) allow TFS to designate a portion of the volunteer fire department assistance fund to be used by local volunteer fire departments to be federal matching grant requirements. (Companion bill is S.B. 646 by Nichols.) H.B. 2312 (Coleman) – Mandatory Health Benefit: would require a local health department to provide testing and counseling for sickle cell disease for free to anyone who requests it. H.B. 2317 (Miller) – County Development Authority: would expand county authority to regulate development in certain counties located west of Austin and San Antonio, commonly known as the Texas Hill Country. H.B. 2318 (Kolkhorst) – Expunction: would expand the situations in which an individual is entitled to have all records and files relating to an arrest expunged. H.B. 2321 (C. Howard) – Property Tax: would provide that the “market value” of land for property tax appraisal purposes is frozen at the 2009 appraised value until the land is sold or new construction takes place. H.B. 2327 (McClendon) – Bus Only Lanes: would create a motor-bus-only lane pilot program for state highways with shoulders of sufficient width in Bexar, Denton, El Paso, and Travis counties. (Companion bill is S.B. 1102 by Wentworth). H.B. 2331 (P. King) – Appraisals: would provide that an appraisal review board shall seriously consider evidence provided by a property owner of the price paid by the owner for a residence homestead in a protest of the determination of the appraised value of the homestead. H.B. 2338 (Paxton) – Property Tax: would require the chief appraiser of an appraisal district or the county assessor-collector to publish on an Internet Web site certain specified tax rate information for each taxing unit that imposes property in the county. H.B. 2347 (Bonnen) – Property Tax: would allow a property owner to apply for an extension of a residence homestead exemption for up to three tax years following the tax year in which the owner ceases to occupy a residence if the former residence homestead: (1) Town Council 123 of 231 Meeting Date: April 4, 2011 21 is not occupied or leased to any person; (2) is being actively offered for sale; and (3) is not used for any business or commercial purpose. H.B. 2355 (Madden) – Sales Tax: would provide that an employer who employs a person who obtains a high school diploma or high school equivalency certificate while employed by that employer is entitled to a credit or refund of sales taxes up to a certain amount. H.B. 2357 (Pickett) – Motor Vehicles: would, among many other things, provide that a vehicle used by law enforcement under an alias for covert criminal investigations is exempt from the payment of a registration fee. H.B. 2358 (Landtroop) – Water Rights: would repeal the statute that makes any proposed transfer of all or a portion of a water right junior in priority to water rights granted before the time application for transfer is accepted for filing. H.B. 2359 (Hopson) – Political Contributions: would change the regulation of political contributions by: (1) repealing provisions disallowing direct campaign expenditures; (2) repealing the provision limiting when a corporation or labor organization can make direct campaign expenditures for an election measure; and (3) creating new provisions relating to individual’s making campaign contributions that exempt the person from filing a report if the person already has to file a report under another provision in law. H.B. 2361 (Truitt) – Automated Traffic Enforcement: would, among other things, modify the current prohibition against using automated speed camera traffic enforcement to provide that a city may use a device that records the speed of a motor vehicle and obtains photographs or other recorded images or rely on evidence obtained from using the device in the prosecution of a criminal offense if: (1) the device is used by a peace officer who personally observes the violation and issues a citation to the operator of the vehicle at the time of the violation or is unable to issue the citation because of events beyond the control of the peace officer; or (2) the device is used by a peace officer working in a team of peace officers engaged in a localized collective effort to enforce compliance with posted speed limits, the peace officer personally observes the violation, and another peace officer working in the same team issues a citation to the operator of the vehicle at the time of the violation or is unable to issue the citation because of events beyond the control of the peace officer. H.B. 2369 (Quintanilla) – Emergency Medical Personnel Training: would: (1) prohibit the Department of State Health Services (DSHS) from requiring an emergency medical services course or training to be accredited by a national organization before 2018; (2) require DSHS to partner with a testing entity for paramedic examines; and (3) require the testing entity to charge any cost or fee to the examinee. H.B. 2376 (Hamilton) – Plumbing: would, among other things, provide that a political subdivision that requires a responsible master plumber or an agent of a responsible master plumber to obtain a permit before performing plumbing in the political subdivision shall verify through the board’s Internet Web site, or by contacting the board by telephone, that Town Council 124 of 231 Meeting Date: April 4, 2011 22 the responsible master plumber has on file with the board a certificate of insurance. (Companion bill is S.B. 1075 by Jackson.) H.B. 2390 (S. Davis) – Confidential Information: would provide that certain information collected, assembled, or maintained by an emergency response provider relating to preventing, detecting, responding to, or investigating an act of terrorism, criminal activity, or a natural disaster is confidential. H.B. 2400 (D. Miller) – Water and Sewer Utilities: would make certain changes to the process of city regulation of water rates assessed by non-city-owned water utilities within city limits, including: (1) requiring a utility to deliver a statement of intent to each ratepayer and the city, acting as regulatory authority over rates, at least 120 days before the proposed effective date of the proposed rate change; (2) repealing a city's authority to suspend the effective date of a proposed rate change during the city's review of the proposal; (3) requiring a city to suspend the date that a proposed rate change would be effective until the date that the city issues a final decision on the rate; (4) making the approval of rates automatic if no hearing is scheduled by the city within the time allotted; and (5) authorizing the Texas Commission on Environmental Quality to allow a city to provide sewer service without a certificate of convenience and necessity if certain requirements are met. H.B. 2403 (Otto) – Sales Tax: would provide that a retailer is engaged in business in this state if the retailer: (1) utilizes a Web site on a server in this state from which digital goods are sold or delivered; (2) holds a substantial ownership interest in, or is owned in whole or in substantial party by, a person who maintains a location in this state from which business is conducted if: (a) the retailer sells a substantially similar product as the related retailer and does so under a substantially similar name; and (2) the facilities or employees of the related retailer are used to advertise, promote, or facilitate sales by the retailer; or (3) holds a substantial ownership interest in, or is owned in whole or in substantial part by, a person that maintains a distribution center, warehouse, or similar location in the state that delivers property sold by the retailer. H.B. 2406 (J. Davis) – Energy Efficiency Programs: would transfer certain energy assistance programs, including the state low income energy assistance program, from the Texas Department of Housing and Community Affairs to the Public Utility Commission of Texas. H.B. 2411 (Miles) – Emergency Management: would require emergency management directors to determine whether leased dwellings are inhabitable after a disaster within 30 days of receiving a request to do so by a tenant. H.B. 2413 (Miles) – Municipal Court: would enable an individual who holds a commercial driver’s license to take a driver safety class as a condition of deferred disposition of a traffic offense. Town Council 125 of 231 Meeting Date: April 4, 2011 23 H.B. 2424 (Thompson) – Gambling: would: (1) provide for the operation of video gaming by authorized organizations and commercial operators that are licensed to conduct bingo or lease bingo premises; (2) preempt any conflicting zoning law that impedes the implementation of video gaming at a location where bingo was conducted on January 1, 2011, and where a video gaming retailer is authorized to conduct video gaming; (3) prohibit a city from imposing a tax or fee for attendance or admission to a video gaming premises unless specifically authorized by statute; (4) allow a video gaming retailer to conduct video gaming at a premises other than the licensed bingo premises if the city in which the premises is located holds an election in which a majority of the voters favor prohibiting bingo and the other premises are located in a jurisdiction in which a majority of the voters voting in an election held before January 1, 2011, voted in favor of legalizing bingo games; (5) authorize law enforcement personnel to be present at a retailer’s video gaming premises at any time and authorize municipal peace officers to enter and inspect the premises where video gaming is conducted or video gaming equipment is found; and (6) create certain misdemeanor offenses for video gaming by individuals young than 21 years of age. (Companion bill is S.B. 1212 by Van de Putte.) H.B. 2425 (Thompson) – Litigation: would: (1) require a party to litigation who files a petition, motion, or other pleading challenging the constitutionality of a Texas statute to notify the attorney general; and (2) prohibit a court from entering a final judgment on the constitutionality of a state statute before the 60th day after the date the notice is served on the attorney general. H.B. 2428 (Strama) – Property Tax: would provide that a person who installs or constructs a solar or wind-powered energy device on land or on a building or other permanent structure is entitled to a property tax exemption. H.B. 2431 (W. Smith) – TCEQ Enforcement: would make several changes to the classification, evaluation, and use of compliance history by the Texas Commission on Environmental Quality. H.B. 2432 (J. Davis) – Public/Private Partnerships: would create a program with detailed criteria to encourage public and private facilities and infrastructure. (Companion bill is S.B. 1048 by Jackson.) H.B. 2434 (Y. Davis) – Tax: would repeal certain property tax and sales tax exemptions, including property tax exemptions for property owned by cities that is used for public purposes, and sales tax exemptions for taxable items sold, leased, rented to, or consumed by cities. H.B. 2435 (Deshotel) – Gas Rates: would provide that, in establishing a gas utility’s rates, the regulatory authority may and is encouraged to approve a tariff or rate schedule in which the rate for gas utility service is adjusted based on changes in the gas utility’s revenues, expenses, or investments. Town Council 126 of 231 Meeting Date: April 4, 2011 24 H.B. 2443 (Price) – Parking on Highway: would: (1) prohibit a person to remain or park a vehicle on a state highway right-of-way except in case of an emergency or for highway construction or maintenance purposes; and (2) provide that such parking is a class C misdemeanor. H.B. 2446 (Allen) – Law Enforcement: would authorize the release of certain confidential physician-patient communications during certain internal law enforcement investigations having to do with the use of force by a peace officer. H.B. 2449 (Aliseda) – Elections: would allow ballots or carrier envelopes that are possessed pursuant to a continuous course of conduct by a person over one or more days to be aggregated in order to assess the number of ballots or carrier envelopes for the purposes of determining if an offense was committed. (Companion bill is H.B. 2585 by Pena.) H.B. 2451 (Zedler) – Public Retirement Systems: would require a member of a public retirement system, including the Texas Municipal Retirement System but not individual city retirement systems, who leaves a position but is reemployed to resume making contributions to the applicable retirement system. H.B. 2452 (Zedler) – Health Care Institutions: would require a health care institution owned by a political subdivision, including a hospital district, to provide written notice to certain individuals disclosing the liability limits applicable to a health care liability claim against the institution and whether a doctor or health care provider is covered by malpractice insurance or another form of financial responsibility. H.B. 2456 (Zedler) – Property Tax: would reduce the property tax rollback rate from 108 percent to the inflation rate as determined by the state comptroller. H.B. 2460 (Truitt) – Public Retirement Systems: would: (1) make a public retirement system, including a municipal retirement system, subject to the Public Information Act; and (2) preempt any statute making information held by a public retirement system confidential. H.B. 2461 (Bonnen) – Property Tax: would provide that property tax arbitrators are immune from civil liability based on the arbitrator’s determination of the value of property or the appropriate award of any remedy or relief. H.B. 2462 (Bonnen) – Motor Vehicle Tax: would exempt motor vehicles used or sold by trauma service area regional advisory councils from motor vehicle taxes and the costs of vehicle registration. H.B. 2466 (Phillips) – Cell Phone Ban: would prohibit a person under eighteen years of age from operating a motor vehicle while using a wireless communications device. H.B. 2471 (Phillips) – Animal Control: would limit the civil liability of animal control agencies and their employees who, within the scope of employment and in good faith, take Town Council 127 of 231 Meeting Date: April 4, 2011 25 custody of certain animals that are abandoned, running at large, or stray and are obtained from a person that certifies that they took reasonable steps to locate the owner. H.B. 2476 (Harless) – Property Tax: would: (1) expand the term “dealer’s heavy equipment inventory” to include items of heavy equipment that a dealer holds for lease or rent for purposes of appraisal for property tax purposes; and (2) require a person who engages in the sale, lease, ore rental of more than five items of heavy equipment in a calendar year to register with the comptroller. H.B. 2479 (Perry) – Litigation: would include cities and other governmental units as parties who may be referred to a court alternative dispute resolution system if the city is a party to a lawsuit in a district or county court with such a system. (Companion bill is S.B. 1271 by Duncan.) H.B. 2483 (Pena) – DNRs and Advance Directives: would make various revisions to the law relating to in-hospital and out-of-hospital do-not-resuscitate orders, including those contained in an advance directive. H.B. 2487 (Murphy) – Elections: would provide that a person is not eligible to register to vote at a residence address if: (1) bathing and sleeping facilities are not available at the residence address; or (2) the person claims a different residence address as the person’s homestead on the person’s Texas driver’s license or personal identification card. H.B. 2489 (Scott) – Litigation: would prohibit the use in court of statements made by a health care provider, including emergency services health care providers, of statements of apology, sympathy, explanation of medical treatment, or explanation of future actions to prevent similar occurrences. H.B. 2507 (Chisum) – Irrigation Systems: would create a class C misdemeanor if a person who is required to be licensed by the Texas Commission on Environmental Quality in order to install an irrigation system does so without the required license. H.B. 2529 (Price) – Property Tax: would: (1) provide that an appraisal district is governed by a board of five directors, four of whom are appointed by the commissioners court of the county in which the appraisal district is established, with the county assessor-collector serving as a non-voting director; (2) repeal other laws authorizing a city council, in conjunction with other taxing units in an appraisal district, to appoint board members, to force an audit of the district, to disapprove of board actions, and to reject an appraisal district’s budget; and (3) prevent an individual that is an employee of a taxing unit in the appraisal district from being appointed to the board of directors. H.B. 2530 (Legler) – Foundation Repair Contractors: would: (1) establish a foundation repair contractors advisory board, the membership of which must include one city official; (2) require the Texas Commission of Licensing and Regulation to establish standards for the practice of foundation repair, insurance requirements, licensure requirements, and prohibited Town Council 128 of 231 Meeting Date: April 4, 2011 26 practices; (3) authorize the Department of Licensing and Regulation to contract with political subdivisions for enforcement; (4) require licensees to provide notice to a city that the person has a license and authorize a city to charge a related fee; (5) exempt certain persons from licensure but not from city permit, inspection, or approval requirements; (6) provide that an individual who holds a license is not required to hold a license issued by a city to engage in foundation repair contracting in the city; and (7) provide that a person commits a class C misdemeanor if the person knowingly engages in foundation repair contracting without holding a license. H.B. 2532 (Veasey) – Life Insurance: would: (1) allow a local government, including a city, or an assignee or designee of a local government to be designated as a beneficiary in a policy that insures the life of an employee or retired employee of the local government at the time the life insurance policy was issued but subsequently ceased employment for any reason; and (2) establish the circumstance allowed in (1), above, as an authorized investment if the policy allows the employee or retired employee to designate a beneficiary for a portion of the policy and the local government allows the employee or retired employee to decline coverage under the policy. H.B. 2543 (W. Smith) – Professional Services: would consolidate the licensing and regulation of architecture, engineering, landscape architecture, and land surveying into one new state agency known as the Texas Board of Professional Services. H.B. 2551 (Chisum) – Grit Trap Waste: would permit land application of grit trap waste to be considered recovery, recycling, or reuse, but only in specific situations. H.B. 2563 (Christian) – Elections : would provide that a city with a population of less than 5,000 is exempt from certain electronic voting machine requirements. The exemption would not apply during an election held jointly with a county election. H.B. 2566 (N. Gonzalez) – Parking: would prohibit the holder of a dealer distinguishing number for a location from consigning vehicles for sale in an area adjacent to the location that is on a public roadway, easement, right-of-way, or driveway, unless the governing body of the entity that owns the roadway, easement, right-of-way, or driveway consents in writing. H.B. 2567 (N. Gonzalez) – Motor Vehicle Complaints: would require the Department of Motor Vehicles to make information about how to submit a complaint about a motor vehicle dealer available to be posted in various public areas, including a city attorney’s office. H.B. 2570 (Martinez) – Low Speed Vehicles: would require a city to prohibit the use of “low-speed vehicles” to transport passengers for compensation. H.B. 2583 (Walle) – Gangs: would require the attorney general to establish a gang remediation task force to be made up of representatives from various entities, including cities and local law enforcement agencies. Town Council 129 of 231 Meeting Date: April 4, 2011 27 H.B. 2585 (Pena) – Elections: would allow ballots or carrier envelopes that are possessed pursuant to a continuous course of conduct by a person over one or more days to be aggregated in order to assess the number of ballots or carrier envelopes for the purposes of determining if an offense was committed. (Companion bill is H.B. 2449 by Aliseda.) H.B. 2587 (Pena) – Elections : would provide that a person providing assistance to a voter: (1) must be a registered voter of the county in which the election is being held; (2) shall provide photo identification to an election officer at the polling place; (3) may not assist more than two voters in a day, which includes early voting and voting by mail; and (4) commits a class C misdemeanor if the person assists more than two voters in a day. H.B. 2588 (Pena) – Elections : would provide that a poll watcher is entitled to be present at the voting station when a voter is being assisted by a person of the voter’s choice. H.B. 2596 (Garza) – Speed Limits: would authorize a city to lower the speed limit of a one-lane or two-lane highway in the city that is not an official part of the state highway system to not less than twenty miles per hour, if the governing body determines that the prima facie speed limit is unreasonable or unsafe. H.B. 2598 (Garza) – Property Tax : would provide that a property owner may be awarded reasonable attorney’s fees if the owner prevails in an appeal to the court of a protest of the modification or denial of a tax exemption. H.B. 2601 (Nash) – Political Signs: would: (1) prohibit a public official, including a city official, from removing a political sign from private real property, if the sign is placed on the property in compliance with an applicable law; (2) prohibit a property owner association from prohibiting political signs; and (3) provide penalties for violations. H.B. 2605 (L. Taylor) – Workers’ Compensation: would: (1) provide for a contested case hearing if a party has a medical dispute regarding workers compensation that is not resolved by an independent review; (2) allow judicial review of the case after the contested case hearing if there is still a dispute; (3) change the authority on who can allow an employee to seek an alternate doctor from the workers’ compensation division to the workers’ compensation insurance carrier; (4) change the authority on who can accelerate workers compensation benefits from the workers’ compensation division to the workers’ compensation insurance carrier; (5) subject to administrative review: (a) denial of an alternate doctor subject to administrative review; (b) denial of accelerated benefits; (c) a dispute as to the amount of benefits; (d) denial of supplemental benefits; (e) medical fee dispute; and (6) change the way administrative violations by workers’ compensation insurance carriers are treated. H.B. 2606 (Nash) – Political Expenditures: would authorize a corporation or labor organization to designate a trade association or member organization as the recipient of political expenditures to finance the establishment or administration of a general-purpose committee. Town Council 130 of 231 Meeting Date: April 4, 2011 28 H.B. 2607 (Beck) – Property Tax : would provide that the surviving spouse of a firefighter or peace officer killed in the line of duty is entitled to a property tax exemption for the total appraised value of the surviving spouse’s residence homestead for a period of five consecutive years. H.J.R. 110 (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. 111 (Woolley) – Gambling: would amend the Texas Constitution to: (1) authorize a state video lottery system to operate video lottery games at certain horse and greyhound racetracks; (2) prohibit political subdivisions from taking action to repeal or revoke a previous authorization by its voters approving the legalization or conduct of pari-mutuel wagering on horse or greyhound races at a racetrack in the political subdivision if the track may be authorized to operate video lottery games; and (3) provide that generally recognized Indian tribes are not prohibited from conducting games of chance on certain Indian lands. (Please see S.J.R. 33, below, and H.B. 2111, above.) H.J.R. 112 (Menendez) – Gambling: would provide for an election for a constitutional amendment that would: (1) authorize forms of casino gaming; (2) give 1/30th of the revenue received by the state for gaming to the city in which the casino is located; (3) preempt any city ordinance or regulation that would disallow a gaming establishment within the city; (4) allow a city to regulate a gaming establishment through building codes and health and safety ordinances; (5) disallow a casino from being located in an area zoned exclusively residential; (6) prohibit a city from imposing a tax or fee on a gaming establishment; (7) require a county wide vote before a casino can be located in a county; and (8) require that state revenue from regulation of gaming, after paying for administrative costs go to the property tax relief fund in the general revenue fund. (Companion joint resolution is S.J.R. 112 by Ellis). H.J.R. 114 (Munoz) – Property Tax: would amend the Texas Constitution to authorize the legislature to define the term “disabled” for purposes of eligibility for a local property tax exemption or local property tax freeze on the residence homestead of a disabled person. H.J.R. 117 (Bonnen) – Property Tax: would amend the Texas Constitution to authorize the legislature to adopt a statute allowing a property owner to apply for an extension of a residence homestead exemption for up to three tax years following the tax year in which the owner ceases to occupy a residence if the former residence homestead: (1) is not occupied or leased to any person; (2) is being actively offered for sale; and (3) is not used for any business or commercial purpose. Town Council 131 of 231 Meeting Date: April 4, 2011 29 H.J.R. 119 (Thompson) – Gambling: would amend the Texas Constitution to: (1) authorize the operating of video gaming by persons and organizations licensed to conduct bingo or lease bingo premises; (2) limit video gaming operations to gaming operations in certain locations, including incorporated cities and towns, that have held elections in which the conduct of bingo games in the jurisdiction was approved by the voters; and (3) provide that federally recognized Indian tribes are not prohibited from conducting gaming on certain Indian lands. (Companion resolution is S.J.R. 35 by Van de Putte.) (Note: please see H.B. 2424, above.) H.J.R. 120 (Munoz) – Vacancy on Governing Body: would amend the Texas Constitution to authorize a home-rule city to provide in its charter the procedure to fill a vacancy on the city council where the unexpired term is 24 months or less. H.J.R. 128 (Beck) – Property Tax: would amend the Texas Constitution to allow the legislature to provide that the surviving spouse of a firefighter or peace officer killed in the line of duty is entitled to a property tax exemption for the total appraised value of the surviving spouse’s residence homestead for a period of five consecutive years. S.B. 9 (Wentworth) – Law Enforcement: would: (1) require a police officer to verify the immigration status of any person who is arrested based on being charged with an offense; (2) require an officer verifying the immigration status to notify the federal government if the officer is unable to verify a person's immigration status; (3) add a $100 law enforcement fee to a conviction for a misdemeanor drug offenses; (4) require a city to keep separate records of the law enforcement fee and send the fees to the state comptroller for law enforcement purposes; (5) require a city to file a report to the comptroller regardless of whether any fee is collected; and (6) allow the Department of Public Safety to create driver's license and financial responsibility checkpoints in conjunction with local law enforcement authorities. S.B. 655 (Hegar) – Texas Railroad Commission: would abolish the Texas Railroad Commission, create the Texas Oil and Gas Commission, transfer of the powers and duties of the Railroad Commission to the new commission, and provide for various administrative changes. S.B. 1051 (Ellis) – Taxes: would create a “select commission on periodic tax review” and charge the commission 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. (Companion bill is H.B. 1308 by Villarreal.) S.B. 1060 (Van de Putte) – Law Enforcement: would: (1) authorize a city to create a first offender prostitution prevention program; and (2) authorize such a program to collect a fee not to exceed $1,000 to cover the costs of the program, five percent of which would go to the police department in the city in order to provide training on domestic violence, prostitution, and human trafficking. (This bill is identical to H.B. 1994 by Weber.) Town Council 132 of 231 Meeting Date: April 4, 2011 30 S.B. 1061 (Harris) – Property Tax: would require a court to issue a tax warrant authorizing the seizure of personal property for the payment of property taxes if the applicant for the warrant has reason to believe that personal property owned by the property owner will be sold at a liquidation sale in connection with the cessation of a business. (Companion bill is H.B. 930 by Darby.) S.B. 1065 (Williams) – Emergency Management: this bill is the same as H.B. 2040, above. S.B. 1070 (Jackson) – Prop 2: would provide that representatives of school districts required to take action to equalize the district’s wealth level must sit on TCEQ’s permanent advisory committee regarding property tax exemptions for pollution control property. S.B. 1073 (M. Jackson) – Rainwater: would authorize the use of harvested rainwater for potable indoor purposes, so long as the structure in which it is used has appropriate cross- connection safeguards. S.B. 1075 (Jackson) – Plumbing: would, among other things, provide that a political subdivision that requires a responsible master plumber or an agent of a responsible master plumber to obtain a permit before performing plumbing in the political subdivision shall verify through the board’s Internet Web site, or by contacting the board by telephone, that the responsible master plumber has on file with the board a certificate of insurance. S.B. 1076 (Ellis) – Law Enforcement: would expand the situations in which certain drug offenders may petition the court for an order prohibiting a police department from disclosing to the public criminal history record information related to the original drug-related offense. S.B. 1080 (Williams) – Texas Department of Rural Affairs: would transfer the Texas Department of Rural Affairs to the Office of Rural Affairs within the Department of Agriculture and abolish the board of the Texas Department of Rural Affairs. (Companion bill is H.B. 1912 by Bonnen.) S.B. 1082 (Hegar) – Special Districts: would: (1) provide that a city may enter into a strategic partnership agreement only with certain conservation and reclamation districts; and (2) to be annexed for limited purposes under a strategic partnership agreement, an area must be in the city’s extraterritorial jurisdiction and contiguous to the corporate or limited purpose boundaries unless the district consents to noncontiguous annexation pursuant to a strategic partnership agreement with the city. (Companion bill is H.B. 1979 by Laubenberg.) S.B. 1083 (Hegar) – Development Agreements: would amend the current law relating to development agreements (which includes by reference non-annexation agreements for agriculture-exempt property) to: (1) provide that a city may make a written contract with an owner of land that is located in the extraterritorial jurisdiction of the city; and (2) provide that the contract may include only those lawful terms and conditions that the city and the land owner agree to, including among other things: (a) a guarantee of the continuation of the Town Council 133 of 231 Meeting Date: April 4, 2011 31 extraterritorial status of the land and its immunity from annexation for any period up to 45 years (i.e., the bill would delete the 15-year term limit in current law); and (b) providing that the total duration of the contract may not exceed 45 years. (Companion bill is H.B. 1643 by Zerwas.) S.B. 1087 (Carona) – Cable and Video Service: would provide that: (1) beginning September 1, 2011, a cable service provider or video service provider that was not allowed to or did not terminate a municipal franchise under the current state franchise law (S.B. 5 (2005)) may elect to terminate that franchise and seek a state-issued certificate of franchise authority for the area served under the municipal franchise by providing written notice to the Public Utility Commission and the affected city before January 1, 2012;(2) a cable service provider that elects to terminate an existing municipal franchise is responsible for remitting to the affected city before the 91st day after the date the municipal franchise is terminated any accrued but unpaid franchise fees due under the terminated franchise;(3) a city may review the business records of a cable service provider or video service provider to the extent necessary to ensure compensation in accordance with a state-issued franchise, provided that the city may only review records that relate to the 48-month period preceding the date of the last franchise fee payment; (4) if a city uses the one-percent public, education, and governmental (PEG) channel fee for a purpose that is not authorized by federal law, the fees are chargeable as a credit against the state-issued franchise fee payments;(5) a city that receives PEG fees: (a) shall maintain revenue from the fees in a separate account established for that purpose; (b) may not commingle revenue from the fees with any other money; (c) shall maintain a record of each deposit to and disbursement from the separate account, including a record of the payee and purpose of each disbursement; and (d) not later than January 31 of each year, shall provide to each certificate holder that pays a fee to the city a detailed accounting of the deposits to and disbursements from the separate account made in the preceding calendar year; (6) once a local franchise is terminated under the bill, cable services to community public buildings, such as municipal buildings and public schools, no longer have to be provided; (7) on the expiration or termination of a local franchise agreement, a provider that provides such services may deduct from the franchise fee to be paid to the city an amount equal to the actual incremental cost of the services if the city requires the services after that date; and (8) where technically feasible, the holder of a state-issued certificate of franchise authority that is not an incumbent cable service provider and an incumbent cable service provider, including an incumbent cable service provider that holds a state-issued certificate of franchise authority issued after terminating pursuant to the bill, shall use reasonable efforts to interconnect their cable or video systems for the purpose of providing PEG programming. (Note: this bill is apparently meant to be part of a “paired package” with H.B. 259, above. In addition, H.B. 256 is substantially similar to this bill.) S.B. 1089 (Rodriguez) – Property Tax: would: (1) provide that the surviving spouse of a member of the armed forces of the United States who dies while on active duty is entitled to an exemption from property taxation of the total assessed value of the property; and (2) provide that an exemption from taxation to which a surviving child of the deceased active duty member of the armed forces is entitled is computed by dividing the greater of the assessed value of the property or $5,000 by the number of eligible children. Town Council 134 of 231 Meeting Date: April 4, 2011 32 S.B. 1095 (Rodriguez) – Cell Phone Ban: would: (1) except a city from the requirement to post a sign at a school crossing zone regarding the prohibited use of a wireless communication device if the city prohibits the use of a wireless communication device while operating a motor vehicle throughout its jurisdiction; and (2) authorize political subdivisions, including a city, to regulate the use of a wireless communication device by the operator of a motor vehicle. (Companion bill is H.B. 1899 by Pickett.) S.B. 1097 (Eltife) – Certificates of Convenience and Necessity: would modify the law allowing a city to obtain single certification to provide water service in an annexed area to allow the city to obtain the certificate for that area from any public utility, rather than only non-profit water supply corporations, special utility districts, or fresh water supply districts. S.B. 1099 (Van de Putte) – Smoke Alarms and Fire Extinguishers: would make several changes to the law regarding smoke alarms and fire extinguishers in residential rental units, including that: (1) a local ordinance could not require that a smoke alarm powered by alternating current, rather than battery, be installed in a dwelling unit built before September 1, 1987, unless: (a) the interior of the unit is repaired, remodeled, or rebuilt at a projected cost of more than $5,000 and requires a building permit; or (b) an addition occurs to the unit at a projected cost of more than $5,000; (2) if a dwelling unit was occupied as a residence before September 1, 2011, or a certificate of occupancy was issued before that date, a smoke alarm may be powered by battery, alternating current, or other power source and is not required to be interconnected with other smoke alarms but that the alarm must comply with any local ordinance in effect at the time the unit was first occupied or a certificate of occupancy was issued requiring the alarm be powered by alternating current or other power source. (Companion bill is H.B. 1168 by D. Miller.) S.B. 1102 (Wentworth) – Bus Only Lanes: this bill is the same as H.B. 2327, above. S.B. 1106 (Harris) – Juveniles: would require school districts and other agencies and courts that deal with juveniles and juvenile offenders to share more records with other agencies and courts that deal with juveniles and juvenile offenders. S.B. 1108 (W. Davis) – Child Pornography: would require a computer technician to report images of child pornography to a local or state law enforcement agency or a “Cyber Tipline” and provide a criminal penalty for failure to make such a report. S.B. 1115 (Wentworth) – “Qui Tam” Lawsuits: would authorize a private individual to sue a city on behalf of the State of Texas, alleging that the city defrauded the state by making a false claim for state funds or property. S.B. 1117 (Whitmire) – Failure to Attend School: would require a parent to intentionally fail to require a child to attend school as required by law in order to commit the offense of contributing to the nonattendance of a public school student. Town Council 135 of 231 Meeting Date: April 4, 2011 33 S.B. 1118 (Hinojosa) – Gambling: this bill is the same as H.B. 2111, above. S.B. 1119 (Ellis) – Recycling: this bill is the same as H.B. 2114, above. S.B. 1120 (Seliger) – Property Tax: this bill is the same as H.B. 2100, above. S.B. 1122 (Estes) – Property Tax: would: (1) allow a city to sell a delinquent tax receivable at any time through a negotiated sale or competitive bidding on terms that the city determines are in its best interest; and (2) provide that the sale of a delinquent tax receivable does not alter or affect the duty or authority of a local government to collect a delinquent tax receivable. (Companion bill is H.B. 1903 by Keffer.) S.B. 1128 (Jackson) – Elections: this bill is the same as H.B. 2194, above. S.B. 1133 (Hegar) – Electric Generation: would provide that the Public Utility Commission, in consultation with the Electric Reliability Council of Texas, shall prepare a report on the weatherization and preparedness of generators within the Electric Reliability Council of Texas to be available prior to the summer and winter of each year. S.B. 1134 (Hegar) – Oil and Gas Regulation: would: (1) require the Texas Commission on Environmental Quality (TCEQ) to perform certain environmental and air quality analyses before adopting a new permit or amending an existing permit relating certain oil and gas facilities; and (2) authorize the TCEQ to authorize planned maintenance, startup, or shutdown activities from certain oil and gas facilities. S.B. 1135 (Hegar) – Gas Pipelines/Municipal Jurisdiction: would create the Gas Pipeline Regulatory Act, which would – among other things – provide that: (1) the Railroad Commission has exclusive original jurisdiction over the rates and services of a gas pipeline that transmits, transports, delivers, or sells natural gas or synthetic natural gas to a gas utility that distributes the gas to the public; (2) the commission is vested with all the authority and power of the state to ensure compliance with the obligations of gas pipelines; (3) detailed requirements apply to, among other things, records, audits, inspections, establishment of rates, services standards, and other facets of gas pipelines; (4) a city maintains the rights and powers of a city to grant or refuse a franchise to use the streets and alleys in the city or to make a statutory charge for that use; (5) a city that performs a regulatory function may make each charge that is authorized by a state law or the applicable franchise agreement; (6) a franchise agreement may not limit or interfere with a power conferred on the commission by the bill; (6) the governing body of a city participating in a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to: (a) conduct investigations, present evidence, and advise and represent the governing body; and (b) assist the governing body with litigation or a gas pipeline ratemaking proceeding before the railroad commission or court.; (7) the gas pipeline in the ratemaking proceeding shall reimburse the governing body of the city for the reasonable cost of the services of a such person to the extent the commission determines reasonable; (8) provide that: (a) a city has standing in each case before the commission that relates to a gas pipeline's rates and services Town Council 136 of 231 Meeting Date: April 4, 2011 34 in the city; (b) a city's standing is subject to the right of the commission to consolidate that city with another party on an issue of common interest; and (c) a city is entitled to judicial review of a commission order relating to a gas pipeline's rates and services; (8) with regard to a gas pipeline’s costs of relocating a facility to accommodate construction or improvement of a highway, road, street, public way, or other public work by or on behalf of the United States, this state, a political subdivision, or another entity having the power of eminent domain, a gas pipeline may recover its relocation costs through a surcharge on gas volumes sold and transported to customers in the service area where the relocation occurred by applying to the commission for a new rate schedule or tariff; (9) a surcharge application must include sufficient documentation to demonstrate the requirement for each relocation, the entity requiring the relocation, costs incurred for relocation of comparable facilities, surcharge computations, and that reasonable efforts have been made to receive reimbursement from the entity requiring the relocation, if applicable; (10) not later than the 35th day after the date a surcharge application is received, the commission shall administratively grant or deny the application, or the application is automatically approved. (Companion bill is H.B. 1968 by Chisum.) S.B. 1156 (Lucio) – Fireworks: would: (1) authorize a retail fireworks permit holder to sell fireworks beginning on the fourteenth day preceding Memorial Day and ending at midnight on Memorial Day; (2) require the Texas Forest Service to make its services available each day during the Memorial Day fireworks season to determine whether drought conditions exist; and (3) require that an order of a commissioners court prohibiting or restricting the sale or use of fireworks be adopted before May 5 for the Memorial Day fireworks season. S.B. 1160 (Seliger) -- Trespassers: would provide that an owner, lessee, or occupant of land: (1) owes a duty to refrain from injuring a trespasser willfully, wantonly, or through gross negligence; and (2) may, under certain circumstances, be liable for injury to a child younger than 16 years of age caused by a highly dangerous artificial condition on the land. (Companion bill is H.B. 1971 by J. Jackson). S.B. 1162 (Wentworth) – Law Enforcement: would: (1) require a mental health professional to report to law enforcement personnel and disclose confidential information relating to a patient if the professional has reason to believe and does believe that the patient or another person is mentally ill and intends to attempt suicide by provoking a lethal response by a police officer or cause serious bodily injury to a government official or other individual; (2) authorize a peace officer to take a person into custody without a warrant if the officer receives such a report from a mental health professional; (3) require a peace officer who takes a person into custody upon receipt of a report from a mental health professional to file a written report with the Department of Public Safety; and (4) require a local police department to establish departmental procedures to ensure that each officer has adequate access to reports of individuals who have been reported as a risk to themselves or others. S.B. 1164 (Wentworth) – Texas Municipal Retirement System: would give the members of the Texas Municipal Retirement System (TMRS) another option when calculating Town Council 137 of 231 Meeting Date: April 4, 2011 35 possible increases in annuities or supplemental benefits given to retirees and beneficiaries of deceased retirees. S.B. 1172 (Deuell) – Sales Tax: would require the comptroller to establish guidelines allowing for the use of an automated sales tax remittance system for retailers to remit sales taxes. S.B. 1174 (Deuell) – Workers Compensation: would require that a city ensure that a police officer or firefighter who is injured in the line of duty be provided with necessary medical care, compensation to pay for health care services to cure or relieve the injury and any effects naturally resulting from the injury, and any necessary artificial body part within ten days of receiving notice of a compensable injury. (Companion bill is H.B. 1961 by Deshotel). S.B. 1187 (Watson) – Eminent Domain: would provide that a notice of lis pendens is effective only from the time it is indexed by the county clerk. S.B. 1191 (Gallegos) – Arsonist Registration: would create a program for registration of convicted arsonists with local police departments very similar to that in place for sex offenders. S.B. 1199 (Patrick) – Elections: this bill is the same as H.B. 2191, above. S.B. 1201 (Patrick) – Regulatory Takings: would make most city regulations subject to the Private Real Property Rights Preservation Act, which would: (1) waive sovereign immunity to suit and liability for a regulatory taking; (2) authorize a private real property owner to bring suit to determine whether the governmental action of a city results in a taking; (3) require a city to prepare a “takings impact assessment” prior to imposing certain regulations; and (4) require a city to post 30-days notice of the adoption of most regulations prior to adoption. The bill would also define a “taking” as: (a) a governmental action or series of actions that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the federal or state constitutions, affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action, and is the cause of a reduction of at least 25 percent in the market value of the affected private real property; or (b) a governmental action or series of actions that has the effect of limiting the overall impervious cover of any development or use of an owner's private real property to less than 35 percent of the surface area of the property in most instances. The bill would also: (1) provide that the Act does not apply to certain governmental actions, such as an action taken to prohibit or restrict a condition or use of private real property if the governmental entity proves that the condition or use constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state; an action taken out of a reasonable good faith belief that the action is necessary to prevent a grave and immediate threat to life or property; or an action that is designed to significantly advance a health and Town Council 138 of 231 Meeting Date: April 4, 2011 36 safety purpose; (2) extend the statute of limitations for a claim under the Act from 180 days to two years; (3) change the current remedies in the Act to allow for a property owner to seek invalidation of the governmental regulation and money damages from the governmental entity that imposes the regulation; (4) provide that a court shall award a governmental entity that prevails in a suit or contested case filed under the Act reasonable and necessary attorneys’ fees and court costs, but only if the court determines that the private real property owner knew that the suit or contested case had no merit at the time the owner filed the suit; and (5) provide that a proposed governmental action that requires a takings impact assessment may be stayed by a court if an assessment is not prepared or if the assessment is not in compliance with guidelines developed by the attorney general under the Act. S.B. 1205 (Jackson) – Property Tax: would provide that a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage is not considered to be a new improvement for property tax purposes if a building code, fire code, local ordinance, or government assistance program requires: (1) the square footage of the replacement structure to exceed that of the replaced structure; or (2) the exterior of the replacement structure be of higher quality construction and composition than that of the replaced structure. S.B. 1210 (Whitmire) – Peace Officer Identification Card: would make various changes to the peace officer identification card requirements, including requiring a law enforcement agency to provide an identification card to any honorably retired peace officer and allow the card to be issued without an expiration date. S.B. 1212 (Van de Putte) – Gambling: this bill is the same as H.B. 2424, above. S.B. 1216 (Estes) – Arbitration: would: (1) require a court to promptly determine whether an agreement to arbitrate is valid and enforceable against a party seeking to avoid arbitration; and (2) allow a court to order arbitration only if the court determines the agreement to arbitrate is valid and enforceable. S.B. 1217 (Estes) – Underground Excavations: would provide, among other things, that the “call before you dig” requirements in current law do not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property, and provide procedures and increased penalties for certain violations under the bill. S.B. 1224 (Estes) – Gift to Public Servant: would: (1) generally provide for the treatment of contributions made and personal services rendered to public servants; and (2) provide that an individual’s personal service, if the individual receives no compensation for the service, does not constitute a gift to a public servant or the offer of a gift to a public servant under the Penal Code. S.B. 1237 (Williams) –Driver’s License Information: would provide that a person who is certified, or otherwise authorized, to take or analyze a breath specimen is not prohibited from accessing or using electronically readable information derived from a driver’s license, Town Council 139 of 231 Meeting Date: April 4, 2011 37 commercial driver’s license, or personal identification certificate. (Companion bill is H.B. 1391 by Deshotel.) S.B. 1238 (Carona) – Emergency Notification: would: (1) allow a public service provider, including a city, to use an emergency notification system to notify the provider’s customers, governmental entities and other affected persons of: (a) a disaster or emergency; and (b) actions to take during a disaster or emergency; (2) require an emergency notification system to use a dynamic information database for simultaneous transmission of the information; and (3) give a provider the right to receive confidential 9-1-1 contact information to use the emergency notification system. S.B. 1240 (West) – Substandard Housing: would provide that, if a city or a county revokes a certificate of occupancy for a leased premises because of the landlord’s failure to maintain the premises, the landlord is liable to a tenant who is not in default under the lease for: (1) the full amount of the tenant’s security deposit; (2) the pro rata portion of any rental payment the tenant has paid in advance; (3) the tenant’s actual damages, including any moving costs, utility connection fees, storage fees, and lost wages; and (4) court costs and attorney’s fees arising from any related cause of action by the tenant against the landlord. (Companion bill is H.B. 1862 by Anchia.) S.B. 1241 (West) – Juveniles: would authorize a municipal court exercising jurisdiction over a juvenile in a truancy case to access confidential information from the Department of Public Safety’s juvenile justice information system. S.B. 1245 (Zaffirini) – Eight Liners: would: (1) authorize a commissioners court and – in some instances – a city, to order, on proper petition, a local option election to legalize or prohibit the operation of eight-liners; and (2) authorize the imposition of a fee on eight-liner owners and provide for the allocation of the fee revenue as follows: (a) thirty percent to the state’s general revenue fund; and (b) seventy percent to a city in which the eight-liner is located. (Companion bill is H.B. 1183 by Raymond.) S.B. 1246 (Eltife) – Population Classifications: would update the hundreds of provisions in state law that bracket certain legislation to cities of a certain population. S.B. 1252 (Williams) – Fiscal Notes and Unfunded Mandates: would: (1) require that a resolution granting permission to sue the state be accompanied by a fiscal note; (2) require the Legislative Budget Board to establish a system of fiscal notes identifying the probable costs of a joint or concurrent resolution; (3) require that, upon request, state agencies prepare fiscal notes for pending concurrent resolutions; (4) define the term “mandate,” for purposes of Government Code Chapter 320, to include restrictions, rules enacted by state agencies, and required reports and exclude a provision of additional flexibility for allocating resources; (5) authorize the Sunset Advisory Commission, in its review of a state agency that affects political subdivisions, to include its report information about mandates on political subdivisions; (6) allow political subdivisions to present information to the Sunset Advisory Commission about mandates and conduct periodic reviews of mandates and recommend Town Council 140 of 231 Meeting Date: April 4, 2011 38 changes; (7) provide that a fiscal note that affects a political subdivision include a statement that evaluates whether the proposed rule creates an additional requirement or restriction on a political subdivision and, if so, whether any additional time or expenditures will be required; and (8) repeal various statutes, including Government Code Section 320.003 which requires the interagency work group to prepare a list of unfunded mandates on political subdivisions. S.B. 1269 (Wentworth) – Honoraria: would: (1) remove an honorarium from the definition of a “political contribution,” and (2) would create an exemption for honoraria under the offenses relating to offering gifts to public servants and accepting gifts by public servants. S.B. 1270 (Wentworth) – Public Information: among other things, would: (1) make confidential a report required by the federal Bank Secrecy Act that is obtained by a governmental body for a law enforcement purpose; and (2) allow a governmental body to sign a confidentiality agreement that covers information in a report required by the federal Bank Secrecy Act that requires: (a) the information not be disclosed outside the governmental body; (b) the information be labeled as confidential; and (c) the information be kept secure. S.B. 1271 (Duncan) – Litigation: this bill is the same as H.B. 2479, above. S.B. 1276 (Williams) – Energy Efficiency: this bill is the same as H.B. 2406, above. S.B. 1283 (Watson) – Elections: would provide that a person commits a first-degree felony if the person knowingly: (1) impersonates or uses the identity of another person and attempts to vote as that other person; (2) removes the name of an eligible voter from the list of registered voters or the poll list for an election precinct; (3) prevents the deposit of a marked and properly folded ballot in the ballot box; (4) provides false information to a voter about voting procedures resulting in the voter being prevented from casting a ballot that may be legally counted; (5) places restrictions on a voter’s exercise of the right to vote resulting in the voter being prevented from casting a ballot that may be legally counted; or (6) impersonates a law enforcement officer or provides false information about law enforcement procedures for the purpose of intimidating voters regardless of whether the voter casts a vote. S.B. 1292 (Hegar) – Driver’s Licenses for Peace Officers: would require the Department of Public Safety to adopt procedures for the issuance of a driver’s license to a peace officer that omits the officer’s actual residence address and includes, as an alternative, an address that is in the city or county of the peace officer’s residence. S.B. 1298 (Hinojosa) – Enterprise Zones: would allow a county commissioners court to nominate a project or activity of a qualified business as an enterprise project if the business is located both in the county and in the extraterritorial jurisdiction of a city primarily located in another county. (Companion bill is H.B. 1560 by Scott .) Town Council 141 of 231 Meeting Date: April 4, 2011 39 S.B. 1301 (Deuell) – MTBEs: would: (1) provide standards for a manufacturer, processor, distributor, recycler, or seller of certain anti-freeze or engine coolant additives; (2) limit the liability of an entity listed in (1), above; and (3) provide that a political subdivision may not adopt or enforce an ordinance that is inconsistent with or more restricted than the standards in the bill. (Companion bill is H.B. 437 by E. Rodriguez .) S.B. 1302 (Deuell) – Elections : would provide that a person commits a class A misdemeanor if the person: (1) compensates another person based on the number of voters assisted by that person; (2) presents another person with a quota of voters to be assisted; (3) engages in another practice that causes another person’s compensation from or employment status with the person to be dependent on the number of voters assisted; or (4) accepts compensation for (1), (2), or (3), above. S.B. 1306 (Hegar) – Groundwater: would make significant changes to the process for determining desired future conditions and managed available groundwater. S.J.R. 32 (Rodriguez) – Property Tax: would amend the Texas Constitution to allow the spouse and children of any member of the United States Armed Forces who dies while on active duty to be granted an exemption from taxation for property valued at up to the total assessed value of the property. S.J.R. 33 (Hinojosa) – Gambling: this resolution is the same as H.J.R. 111, above. (Note: please see S.B. 1118, above.) S.J.R. 34 (Ellis) – Gambling: would provide for an election for a constitutional amendment that would: (1) authorize forms of casino gaming; (2) give 1/30th of the revenue received by the state for gaming to the city in which the casino is located; (3) preempt any city ordinance or regulation that would disallow a gaming establishment within the city; (4) allow a city to regulate a gaming establishment through building codes and health and safety ordinances; (5) disallow a casino from being located in an area zoned exclusively residential; (6) prohibit a city from imposing a tax or fee on a gaming establishment; (7) require a county wide vote before a casino can be located in a county; and (8) require that state revenue from regulation of gaming, after paying for administrative costs go to the property tax relief fund in the general revenue fund. (Companion joint resolution is H.J.R. 112 by Menendez). S.J.R. 35 (Van de Putte) – Gambling: this resolution is the same as H.J.R. 119, above. (Note: please see S.B. 1212, above.) S.J.R. 37 (Van de Putte) – Resign to Run: would amend the constitution to repeal the provision that requires the automatic resignation of certain municipal officeholders if they announce their candidacy for another public office with more than one year remaining in their current term. Town Council 142 of 231 Meeting Date: April 4, 2011 40 CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following: • Andrew Icken, Chief Development Officer, City of Houston • Charles McClellan, Chief of Police, Houston • Melissa Northern, Mayor, Flower Mound • Art Acevedo, Police Chief, Austin • Gary Lindsay, Assistant Police Chief, Dallas • Silvia Firth, Intergovernmental Relations, El Paso • Rufus Honeycutt, Councilmember, Round Rock • Annise Parker, Mayor, Houston • John Bierschwale, Assistant City Attorney, Schertz • Kathryn Wilemon, City Councilmember, Arlington • Michael Kelly, Engineer, Austin • Norbert Hart, Assistant City Attorney, San Antonio • Scott Kerwood, Fire Chief, Hutto • Jerry Gardner, Fire Chief, Killeen • Jim Jones, Police Department, San Antonio While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. 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. Town Council 143 of 231 Meeting Date: April 4, 2011 1 March 18, 2011 Number 11 HEARING SET ON REVENUE AND AP PRAISAL CAP BILLS The Senate Finance Committee will hold a hearing on Monday, March 21, at 10:00 a.m. in Room E1.036 of the State Capitol. The committee will consider one revenue cap bill and four appraisal cap bills, as summarized below. • S.B. 720 (Williams) – Revenue Cap: would: (1) reduce the property tax rollback rate from 108 percent to 105 percent; and (2) permit an individual city to raise its rollback rate back to 108 percent if: (a) any part of the city is located in an area declared a disaster by the governor or president; or (b) the city council finds that the higher rate is necessary to protect the health, safety, or property of persons in the city, provided such finding is in the form of a resolution, includes a description of the expected harm, and is approved by a record vote of the council. • S.B. 129 (Patrick) – Appraisal Cap: would reduce the property tax appraisal cap on homesteads from ten to five percent. (Note: please see S.J.R. 7, below.) Town Council 144 of 231 Meeting Date: April 4, 2011 2 • S.J.R. 7 (Patrick) - Appraisal Cap: would amend the Texas Constitution to authorize the legislature to reduce the property tax appraisal cap on homesteads from ten to five percent. • S.B. 175 (Nichols) - Appraisal Cap: would: (1) reduce the property tax appraisal cap on homesteads from ten percent to five percent; (2) authorize a county commissioners court to call an election to increase the homestead appraisal cap for all taxing jurisdictions in the county back to some percentage between six and ten; and (3) prohibit a subsequent election from occurring for ten years after such an election is held. (Note: please see S.J.R. 11, below.) • S.J.R. 11 (Nichols) - Appraisal Cap: would amend the Texas Constitution to permit the legislature to: (1) reduce the property tax appraisal cap on homesteads from ten percent to five percent; and (2) authorize a county commissioners court to call an election to increase the homestead appraisal cap for all taxing jurisdictions in the county back to some percentage between six and ten. The following article explains that property taxes have increased only minimally of late: http://www.tml.org/leg_updates/legis_update012111d_property_tax_numbers.asp The following press release explains the results of a recent survey of Texas cities that shows significant fiscal restraint with respect to property taxes: http://www.tml.org/legal_pdf/TMLsurveynewsrelease.pdf Concerned city officials should attend and testify at the hearing. BILL-FILING NUMBERS DOWN In the final three days before the March 11 bill-filing deadline, Texas lawmakers went into their usual bill-filing frenzy. However, the numbers were down substantially from previous sessions. This time, they introduced roughly 1,700 bills and joint resolutions in the final three days (compared to 2,900 in the same period in 2009). That brings the 60-day total to an unofficial 5,873 (compared to 7,340 in 2009). There will be more; legislators can still file bills if they can persuade their colleagues to suspend the rules on a bill-by-bill basis. Even though 1,400 fewer bills were introduced this time, almost 6,000 bills is still a huge number and virtually guarantees that: (1) at the end of the session, hundreds of bills will die in a massive logjam; and (2) in the final days, many lawmakers will be voting on bills they have not read and do not understand. As is always the case, hundreds of bills are city-related and would do great harm to cities. Given the fact that so many bills were filed in the days leading up to the deadline, most – but Town Council 145 of 231 Meeting Date: April 4, 2011 3 not all – city-related bills are included in this issue of the Legislative Update; some will appear in the next issue. In addition, some bill summaries will, of necessity, be brief. Future editions of the update will expand on the most important bills if and when they progress through the legislative process. E-LISTS ARE AN INVALUABLE GRASS ROOTS TOOL The TML staff has been gathering e-mail addresses from city officials (elected or appointed) who are willing to provide testimony during the 2011 legislative session, want to be kept “in the loop” on certain subject matters, or are willing to simply provide their perspective on a particular legislative matter. These “E-lists” are the primary way that TML staff contacts city officials regarding harmful legislation. In many cases, bills will be set for committee hearings with essentially no notice. When that happens, an e-mail will go out to the appropriate E-list asking for information or action on your part. If you can, please respond as indicated. Legislators need to hear from their constituents more than from TML staff. It’s not too late to participate in the E-List project; simply go to http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any questions, please contact JJ Rocha at jj@tml.org or 512-231-7400. OPEN GOVERNMENT AND THE LEGISLATURE: BEATING A DEAD HORSE ? What is most interesting about the Texas Open Meetings Act? Probably the fact that, while it applies to local governmental bodies, it does not apply to the Texas House or the Texas Senate. Both houses of the legislature take the position that their rules of procedure, which are adopted pursuant to the constitution, trump the Act. Under those rules, the members can discuss public business freely amongst themselves, groups of their members, or even as a “caucus of the whole Senate” outside of the public’s view. Legislative standing committees are supposed to comply with the Act as well. But the members frequently suspend the law to allow them to meet with little notice. Case in point? S.B. 751, which was reported on in a previous edition of the Legislative Update. The bill amends the law relating to committee procedures to provide that “the attendance at a legislative caucus meeting by members of a standing committee who constitute a quorum of the committee is not considered a meeting of the standing committee under other law [e.g., the Act] or under the rules of procedure for the house creating the standing committee.” In addition to caucus meetings, legislative committee members commonly visit in private break Town Council 146 of 231 Meeting Date: April 4, 2011 4 rooms behind committee chambers to come to agreements on legislation that is before the committee. Contrast that with a later-filed bill, H.B. 2977. That bill would provide that a member or group of members of a local governmental body – including a city council – commits an offense if the member or group of members knowingly transmits an electronic communication during a public meeting. (The bill defines an “electronic communication” as an e-mail, text message, instant message, or posting on an Internet Web site, and does not apply to an electronic communication that contains only administrative or ministerial information or that is sent in relation to an emergency situation.) Anyone who has ever sat in the gallery of the House or Senate chamber knows that legislators furiously send text messages during floor debates. Should it be a crime for them to do so? Well, “if it’s good for the goose…” More philosophically, should members of a governmental body of any type and at any level be prohibited from using technology to communicate? In today’s new world of technology, text messages and Facebook posts are almost akin to casual, in-person, conversations. The next thing you know, open government advocates will ask that local government officials carry around a digital recorder and archive every conversation they have with anyone about public business. The work of government should be done in the public view, there is no doubt about that. But prohibiting members of governing bodies from discussing their business with each other, and expecting them to learn about an issue in the few hours per month that they are actually in a public meeting, makes little sense. Just ask almost any member of the Texas House or Senate. For doing what those members do every day, a city official is subject to six months in jail. As we’ve printed before, many legislators seem to believe strongly in open government, so long as it doesn’t apply to them. Stop beating a dead horse? Maybe when the press points out that the legislature should be subject to the Act just like local officials. EVEN MORE ON THE STATE BUDGET: FEE AND FINE INCREASE AUTHORITY ABOUNDS Previous editions of the Legislative Update have reported on the drastic cuts proposed for the state budget. Those cuts will affect cities through direct cuts to various programs that benefit cities. Those cuts are probably just the beginning of the effects on cities from state-level cuts. For example, state agency fees on cities and city officials and employees will likely increase after this session. We got a glimpse of this last session with increases in fees imposed by the Texas Commission on Environmental Quality (TCEQ). Those 2009 TCEQ fee increases Town Council 147 of 231 Meeting Date: April 4, 2011 5 were necessary because the state refused to increase funding for the agency with general revenue. The exact same scenario is shaping up this session, as well. League staff, while reviewing bills, have seen several bills relating to state agencies – most commonly sunset bills – that would essentially give those agencies carte blanche to increase fees to cover the costs of operations. In fact, the process of “fixing” state budget gaps with fee increases on the backs of cities and city officials has already begun. Under existing authority, the Texas Commission on Fire Protection (TCFP) announced last week, with little additional information, that it would hold an emergency meeting regarding the possibility of “raising fees” on Monday, March 14. Even with the short notice, the League submitted comments on the proposal, and several fire departments showed up in opposition. In spite of opposition, the TCFP approved the proposal to raise firefighter certification fees from $35 to $85 per firefighter. To listen to the hearing, go to http://www.tcfp.state.tx.us/calendar/archive/2011/comm0311-am.wma. (Technically, the TCFP approved the fee increase for publication. The proposal will now go to the Texas Register for a 30-day comment period, and the TCFP will consider it for final adoption at its April 28, 2011, meeting.) The TCFP is hardly to blame. With the state’s budget woes, it simply can’t afford to pay for many of the essential services it currently provides. Many legislators have sworn to not raise taxes. Where does that leave them? In many cases, it leaves them to balance their budgets on the backs of cities and city officials. To add insult to injury, many state lawmakers will probably proudly proclaim that they balanced the state budget “without raising taxes.” From the city perspective, “a rose by any other name…” CITIES SHARE LOCAL CONTROL MESSAGE ON ELECTRONIC BILLBOARDS The Senate Committee on Transportation and Homeland Security held a public hearing on S.B. 971 on Wednesday, March 16. The bill would, among other things: (1) require the governor’s Emergency Management Division, with cooperation from the Texas Department of Transportation and emergency management directors, to create an emergency information network system consisting of at least 200 digital displays to display local public health and safety information and availability of fuel, food, lodging, and pharmacy services in certain urban areas; (2) require the division to contract with vendors who will erect and maintain the signs within city limits or within extraterritorial jurisdiction of a city; (3) allow the vendors to display commercial messages when emergency information is not being displayed; and (4) Town Council 148 of 231 Meeting Date: April 4, 2011 6 allow the erection of such signs without requiring compliance with municipal sign ordinances or permission from the city in which the sign is located. Under the guise of public safety emergency messaging, it appears that the bill would actually allow commercial sign companies to build digital billboards in urban areas to be used for commercial advertising when emergency messages are not being displayed. Even more disturbing, the bill would expressly preempt city and state sign regulations. At the hearing, several city officials testified about the importance of local control over signs and emphasized the important safety and aesthetic considerations the cities have made when choosing whether to allow electronic signs on a local level. The witnesses agreed that emergency messaging is valuable, but they testified that present signage and other media outlets adequately serve this purpose. Due to a substantial amount of opposition, the bill was left pending in committee. To watch the hearing, go to http://www.senate.state.tx.us/75r/senate/commit/c640/c640.htm. DOES YOUR CITY HAVE A PRIVATE SPORT SHOOTING RANGE? If so, you will want to carefully review the provisions of S.B. 766 (and its companion bill, H.B. 1595). Certain legislators would like to remove municipal authority over sport shooting ranges. S.B. 766 would: (1) prohibit a city from bringing suit against a sport shooting range or the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operated, for the lawful discharge of firearms on the sport shooting range; (2) prohibit a city from regulating the discharge of a firearm at a sport shooting range; and (3) provide that a city may bring an action against a sport shooting range, or the owners or operators of a sport shooting range, or the owners of real property on which a sport shooting range is operating, for injunctive relief to enforce a valid ordinance, statute, or regulation, or to require a sport shooting range to comply with generally accepted standards followed in the sport shooting range industry in Texas at the time of the sport shooting range’s construction, if the sport shooting range is within the city’s limits and began operation after September 1, 2011. At a March 7 hearing of the Senate Committee on Agriculture and Rural Affairs, the author of S.B. 766 explained the need for the bill to deal with “outcry from sport shooting range owners to end legal harassment that has gone hand in hand with our increasing urbanization.” It appears that the “outcry” may be over municipal regulations relating to noise mitigation and hours of operation. In addition, the author and a witness who testified on behalf of the Texas State Rifle Association (TSRA) commented that – in a state full of concealed handgun license holders – sport shooting ranges in city limits are essential so that people don’t carry concealed handguns without enough practice. The TSRA representative mentioned several Town Council 149 of 231 Meeting Date: April 4, 2011 7 cities by name as being the reason for the bill, including the cities of Waco, Valley Mills, Amarillo, Beaumont, Garland, Austin, and Leander. “Increasing urbanization” of this state is a fact that is not going to go away. Most city officials – regardless of their position on guns or shooting ranges – would agree that decisions about the welfare and safety of city residents are best made by the city council. League staff testified to that fact at the hearing. S.B. 766 is reminiscent of legislation that passed in 2005 prohibiting a city from regulating the discharge of firearms or other weapons outside its city limits or in an area annexed by the city after September 1, 1981, if the firearm or other weapon is: (1) a shotgun, air rifle or pistol, BB gun, or bow and arrow that is discharged on a tract of land of ten acres or more; (2) a center fire or rim fire rifle or pistol of any caliber that is discharged on a tract of land fifty acres or more. Obviously, the 2005 legislature did not believe that city officials know how to act in the interests of their citizens. S.B. 766 was voted out of the Senate Agriculture and Rural Affairs Committee on March 14. If your city regulates sport shooting ranges, and wishes to retain that authority, please contact your state legislators and let them know of your concerns with the bill. SIGNIFICANT COMMITTEE ACTIONS H.B. 183 (Solomons), relating to the duty of a law enforcement agency to verify the immigration status of an arrested person. Reported from the House Committee on State Affairs. As reported, this bill would provide that not later than 48 hours after a person is arrested and before the person is released on bond, the law enforcement agency that has custody of the person shall: (1) request information regarding the person’s immigration status from a peace officer or other law enforcement officer of the state who is authorized under federal law to verify a person’s immigration status or from a federal law enforcement officer, in accordance with federal law; and (2) notify United States Immigration and Customs Enforcement that the person is in the custody of the law enforcement agency if information received following a request under (1), above, reveals that the person is not a citizen or national of the United States and is unlawfully present in the United States according to the terms of the federal Immigration Reform and Control Act of 1986. H.B. 215 (Gallego), relating to photograph and live lineup identification procedures in criminal cases. Reported from the House Committee on Criminal Jurisprudence. H.B. 478 (Orr), relating to certain court costs associated with the offense of failing to secure a child passenger in a motor vehicle. Reported from the House Committee on Transportation. Town Council 150 of 231 Meeting Date: April 4, 2011 8 H.B. 563 (Pickett), relating to the purposes and designation of a transportation reinvestment zone. Reported from the House Committee on Transportation. S.B. 350 (Williams), relating to the restructuring of fund obligations and accounts of the Texas Municipal Retirement System and related actuarial and accounting procedures. Reported from the Senate State Affairs Committee. S.B. 355 (Ellis), relating to the elimination of smoking in certain workplaces and public places. Reported from the Senate Health and Human Services Committee. As reported, this bill would: (1) preempt and supersede a local ordinance, rule, or regulation adopted by any political subdivision relating to smoking; but (2) provide that, to the extent that a local ordinance, rule, or regulation adopted by a political subdivision prohibits or restricts smoking to a greater degree than the bill, the ordinance, rule, or regulation is not preempted or superseded. S.B. 370 (Seliger), relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project. Reported from the Senate Natural Resources Committee. S.B. 396 (Deuell), relating to the state fire marshal’s investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident. Reported from the Senate Intergovernmental Relations Committee. S.B. 545 (Seliger), relating to employment records for law enforcement officers, including procedures to correct employment termination reports. Reported from the Senate Criminal Justice Committee. SIGNIFICANT FLOOR ACTION S.B. 121 (Ellis), relating to photograph and live lineup identification procedures in criminal cases. Passed the Senate. CITY-RELATED BILLS FILED H.B. 263 (Hilderbran) – Underground Excavations: would provide, among other things: (1) that the “call before you dig” requirements in current law do not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property; and (2) for procedures and increased penalties for certain violations under the bill. (Companion bill is S.B. 1217 by Estes.) Town Council 151 of 231 Meeting Date: April 4, 2011 9 H.B. 268 (Hilderbran) – Sales Tax: would require a person to apply for and obtain an exemption number from the comptroller in order to qualify for a sales tax exemption for certain agricultural items. H.B. 270 (Hilderbran) – Sales Tax: would require the state comptroller, upon request, to provide to a city information relating to the amount of sales tax paid to the city during the preceding calendar year by each entity doing business in the city that remits annual sales tax payments of more than $5,000 to the comptroller. H.B. 274 (Creighton) – Litigation : this is omnibus tort reform legislation and would make various procedural changes to civil litigation regarding attorney’s fees, early dismissal, expedited trials, and certain remedies and procedures. (Note: city attorneys need to review this bill carefully.) H.B. 303 (McClendon) – Commuter Rail Districts: would provide, among other things, that: (1) an agreement to create an intermunicipal commuter rail district may establish one or more transportation infrastructure tax increment zones, which may consist of a contiguous or noncontiguous geographic area in the territory of one or more local governments; (2) a district and a local government may agree that, at one or more specified times, the local government will pay to the district an amount that is calculated on the basis of increased ad valorem tax collections in a zone that are attributable to increased values of property located in the zone resulting from an infrastructure project; and (3) money received by a district may be used to, among other things, pay economic development costs associated with district projects, including a portion of the cost of affordable housing in a zone, assistance to a private entity to provide affordable housing in the zone, or for acquiring property rights for underdeveloped lands in the zone to be preserved for the benefit of the public. H.B. 800 (C. Anderson) – Purchasing: would provide that an interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase roofing materials or services, including materials or services for construction, repair, or replacement of a roof. H.B. 2398 (S. Miller) – Groundwater: would: (1) recognize a landowner’s or landowner’s lessee’s ownership of groundwater in place and right to produce groundwater; and (2) permit a landowner’s or landowner’s lessee’s groundwater rights to be limited only by a rule promulgated by a groundwater conservation district if the rule is consistent with Sections 3, 17, and 19, Article I, of the Texas Constitution and the Fifth and Fourteenth Amendments to the U.S. Constitution. H.B. 2447 (Hartnett) – Sales Tax: would provide that, for sales tax purposes, the sales price of telecommunications services does not include the following assessments and fees, if the assessment or fee is passed through to the purchaser of the service: (1) the utility gross receipts assessment; (2) the state universal service fund assessment; (3) the federal universal service fund charge; or (4) a municipal franchise fee or right-of-way fee. H.B. 2490 (Solomons) – Precious Metals: would, among many new provisions regarding the sale of precious crafted metals, provide that: (1) the Texas Finance Commission shall regulate Town Council 152 of 231 Meeting Date: April 4, 2011 10 and license persons in the business of purchasing and selling crafted previous metal; (2) a peace officer who has reasonable suspicion to believe that an item of crafted precious metal in the possession of a dealer is stolen may place the item on hold by issuing to the dealer a written notice that specifically identifies the item alleged to be stolen and subject to the hold and informs the dealer of the bill’s requirements; and (3) on receiving the notice, the dealer may not melt, deface, alter, or dispose of the identified crafted precious metal until the hold is released in writing by a peace officer or a court order. H.B. 2527 (Harper-Brown) – Transportation Funding: would provide that, beginning in ten percent increments in 2013 and being complete in 2022, the net revenue derived from the state sales tax imposed on the sale of a motor vehicle sold in this state shall be deposited to the credit of the state highway fund. (Companion bill is S.B. 523 by Nichols.) H.B. 2571 (Martinez) – Transportation Reinvestment Zones: would authorize a city or a county to establish a transportation reinvestment zone to provide commuter rail services in counties adjacent to the Texas-Mexico border and from the Rio Grande Valley to San Antonio. H.B. 2608 (Harper-Brown) – Department of Housing and Community Affairs: this is the Texas Department of Housing and Community Affairs (TDHCA) sunset bill. It would, among many other things, provide that: (1) TDHCA is continued for 12 years; (2) pursuant to the Texas Disaster Act, each local and interjurisdictional agency shall prepare and keep current an emergency management plan for its area providing for disaster mitigation, preparedness, response, and recovery that identifies any requirements or procedures that local agencies and officials must satisfy or implement to qualify for long-term federal disaster recovery funding, prepare for long-term disaster recovery, and any appropriate state or local resources available to assist the local agencies and officials in satisfying or implementing those requirements or procedures; (3) TDHCA, in consultation with the Texas Department of Rural Affairs and the office of the governor, shall develop – in consultation with local government officials and others – a long-term disaster recovery plan to administer money received for disaster recovery from the federal government or any other source; and (4) if an application for low income housing tax credits satisfies TDHCA’s threshold criteria, TDHCA shall score and rank the application using a point system that takes into account – among other things – quantifiable community participation with respect to the development evaluated on the basis of a resolution concerning the development that is voted on and adopted by the governing body of a city whose boundaries contain the proposed development site or by the commissioners court of a county whose boundaries contain the proposed development site. (Companion bill is S.B. 665 by Hinojosa.) H.B. 2612 (Aliseda) – Elections : would require the county or district attorney to notify the attorney general of allegations of criminal conduct in connection with an election if no prosecution is initiated. H.B. 2619 (Callegari) – Water and Wastewater Facilities: would provide that: (1) each water and wastewater utility, including a municipally owned utility, shall submit certain infrastructure information to each retail electric provider that sells electric power to the utility, each electric utility that provides transmission and distribution service to the utility, the office of emergency management of each county in which the utility has water and wastewater facilities that qualify Town Council 153 of 231 Meeting Date: April 4, 2011 11 for critical load status under rules adopted by the Public Utility Commission (PUC), and to the PUC and the division of emergency management of the governor; and (2) if an electric utility determines that a water or wastewater utility’s facilities do not qualify for critical load status, the electric utility and the retail electric provider shall provide a detailed explanation of the electric utility’s determination to the affected utility and to the office of emergency management of the county in which the water and wastewater facilities are located. H.B. 2620 (Hancock) – Telecommunications: would provide, among other things, that: (1) a city may not by rule, order, or other means directly or indirectly regulate rates charged for, service or contract terms for, conditions for, or requirements for entry into the market for Voice over Internet Protocol services or other Internet Protocol enabled services; and (2) the limitation in (1), above, does not: (a) affect payment of municipal right-of-way fees applicable to Voice over Internet Protocol services; (b) affect any person’s obligation to provide video service as defined by S.B. 5 (2005)(the state video franchise law) under any applicable state or federal law; or (c) require or prohibit assessment of enhanced 9-1-1, relay access service, or universal service fund fees on Voice over Internet Protocol service. (Companion bill is S.B. 980 by Carona.) H.B. 2623 (Beck) – Critical Governmental Facilities: would require the State Energy Conservation Office to establish guidelines for the evaluation required by state law when a critical governmental facility (including a jail, police or fire station, and water or wastewater facility, among others) is constructed, renovated, or major heating, ventilation, and air- conditioning equipment is replaced in order to determine whether installing a combined heating and power system would result in energy cost savings over a twenty-year period. H.B. 2628 (Branch) – Cell Phone Ban: would: (1) repeal current requirements to post signs at school crossing zones regarding the prohibited use of wireless communication devices while operating a motor vehicle; and (2) remove the provision in current law that makes the absence of such a sign an affirmative defense to prosecution. H.B. 2629 (Branch) – Gifts to Public Servants: would exempt honorariums from the list of political contributions and prohibited gifts that may be given to a public official. H.B. 2641 (Burnam) – Waiver of Immunity: would subject a person, including a city, to liability for damages if the city deprives a person of any immunities, rights, or privileges provided to the person under state law. H.B. 2651 (Allen) – Public Transportation: would provide that a public transportation provider that provides services designed for people with disabilities who are unable to use the provider’s bus or rail services shall determine if an individual who resides outside of the provider’s service area and who seeks to use the provider’s services while visiting the provider’s service area is eligible to use the services not later than 48 hours after the individual gives the provider the appropriate notice and submits any required documentation. H.B. 2653 (V. Taylor) – Retirement Benefits: would allow an employer, including a city, to adopt a pension revocation policy in an employment contract that would revoke an employee’s Town Council 154 of 231 Meeting Date: April 4, 2011 12 pension if the employee is finally convicted of a felony or misdemeanor of moral turpitude as specified in the employment contract. H.B. 2656 (S. Miller) – Private Security: would limit the exemptions for individuals required to comply with the Private Security Act to current peace officers who are currently employed by a law enforcement agency. (The bill is unclear as to whether all officers, or only the heads of law enforcement agencies, retain the exemption.) H.B. 2661 (Kleinschmidt) – Litigation: would: (1) allow governmental units, including cities, to elect to use settlement procedures in state law, including written settlement offer and acceptance requirements; and (2) if a city elects to use these provisions as a defendant and has a settlement offer rejected, the city could recover litigation costs from a plaintiff if the court judgment is more favorable to the defendant than the settlement offered by the defendant. H.B. 2663 (Chisum) – LP Gas: would provide that the rules and standards promulgated and adopted by the Railroad Commission preempt and supersede any ordinance, order, or rule adopted by a political subdivision relating to any aspect or phase of the liquefied petroleum gas industry. H.B. 2665 (P. King) – Plumbing: would transfer the regulatory authority of the Texas State Board of Plumbing Examiners to the Texas Department of Licensing and Regulation. H.B. 2668 (Miles) – TCEQ Penalties: would increase the range of penalties for statute and rule violations under the jurisdiction of the Texas Commission on Environmental Quality. H.B. 2669 (Miles) – Urban Farming: would create an advisory committee to study urban farming. H.B. 2672 (Dutton) – Culverts and Drainage Systems : would, in relation to culverts and other enclosed flood or drainage systems, require a local government entity to: (1) ensure that the system is protected by a bar, grate, or covering; (2) post a sign warning of the hazard for a child; and (3) provide a hinged or similar opening to permit emergency services personnel to access the system. H.B. 2673 (Dutton) – Tree Mitigation Fees: would provide that, if a city requires as a condition for the approval of a permit that the applicant pay to the city or to a third party a tree mitigation fee to offset the impacts of the activity that the permit will authorize, the amount of the tree mitigation fee shall be roughly proportionate to the impacts of the activity on the public. H.B. 2675 (Harper-Brown) – Department of Transportation: this is the Texas Department of Transportation (TxDOT) sunset bill. Among many other things, it would: 1. replace the Texas Transportation Commission with a single appointed commissioner who is appointed by the governor with the advice and consent of the Senate for a term of two years that expires February 1 of each odd-numbered year; Town Council 155 of 231 Meeting Date: April 4, 2011 13 2. require TxDOT to develop a statewide transportation plan covering a period of 24 years and that is updated every four years that contains all modes of transportation; 3. provide that the plan must contain specific, long-term transportation goals for the state and measurable targets for each goal, identify priority corridors, projects, or areas of the state that are of particular concern in meeting the plan goals, and contain a participation plan specifying methods for obtaining formal input on the plan’s goals and priorities with input from, among others, political subdivisions; 4. require TxDOT to establish a project information reporting system that makes available in a central location on the Internet easily accessible and searchable information regarding all of TxDOT’s transportation plans; 5. require TxDOT to develop a process to identify and distinguish between the transportation projects that are required to maintain the state infrastructure and the transportation projects that would improve the state infrastructure in a manner consistent with the statewide transportation plan; 6. require TxDOT to evaluate and publish a report about the status of each transportation goal for this state and to provide a copy of each district’s report to the political subdivisions located in the district that is the subject of the report; 7. require TxDOT to develop and implement a policy for public involvement that guides and encourages public involvement with TxDOT; 8. require TxDOT to develop a unified transportation program covering a period of 10 years and updated each year to guide the development of and authorize construction of transportation projects; 9. provide that the commission shall develop criteria for major transportation projects, program priority categories, and funding allocation and distribution; 10. provide that any fines or fees received under the Texas highway Beautification Act go to the state highway fund, as opposed to the state highway beautification account; 11. create additional administrative procedures, fees, and civil penalties relating to outdoor advertising that is subject to state law; 12. provide that the combined license and permit fees may not exceed $10 for an off-premise sign erected and maintained by a nonprofit organization in a city or a city’s extraterritorial jurisdiction if the sign relates to or promotes only the city or a political subdivision whose jurisdiction is wholly or partly concurrent with the city; and 13. require TxDOT, in cooperation with local governments, to actively manage a system of changeable message signs located on highways under the jurisdiction of TxDOT to mitigate traffic congestion by providing current information to the traveling public, including information about traffic incidents, weather conditions, road construction, and alternative routes when applicable. (Companion bill is S.B. 1420 by Hinojosa.) H.B. 2677 (Shelton) – Municipal Electric Utilities: would provide that a school district served by a municipally owned electric utility that has not chosen to participate in customer choice shall, within the certificated retail service area of the utility, have the right of customer choice as if the utility had chosen to participate in customer choice. Town Council 156 of 231 Meeting Date: April 4, 2011 14 H.B. 2679 (T. Smith) – Dangerous Dogs: would: (1) provide for a jury trial for dangerous dog trials in any court; (2) allow an appeal to county court for an animal control authority determination or a municipal court or justice court order regarding a dangerous dog; and (3) require a dog owner who utilizes the appeal process to post a bond in the amount of the cost to house the animal during the appeal. H.B. 2683 (Lucio) – Collective Bargaining: would: (1) allow a city to negotiate changes to retirement benefits under the Texas Municipal Retirement System (TMRS) with employees covered by certain collective bargaining and meet and confer agreements; and (2) require that a change made to the TMRS benefits through certain collective bargaining or meet and confer agreements can only apply to those employees covered by the agreement. H.B. 2685 (Lucio) – DWI : would: (1) prohibit a city or city officer, employee, or department from adopting a policy that prohibits or impedes the enforcement of driving while intoxicated (DWI) laws; (2) prohibit a city from receiving state grant funds for a certain amount of time if the city adopts a rule, order, ordinance, or policy that prohibits or impedes the enforcement of DWI laws; and (3) authorize the attorney general to take certain legal action against a city that violates (1), above. H.B. 2686 (Lucio) – Uninsured Motor Vehicle : would: (1) require a peace officer to impound the vehicle of a person who operates a vehicle without insurance and is involved in an accident; (2) require notice of impoundment under (1), above, to the registered owner and lienholder; and (3) provide for the return of the vehicle in (1), above, to the owner or lienholder under certain circumstances or, alternatively, disposition of the vehicle by law enforcement. H.B. 2687 (Lucio) – County Noise Regulation: would authorize a county to regulate noise in the unincorporated areas of the county. H.B. 2690 (Deshotel) – Sale of Real Property: would provide that a political subdivision may – without bidding or auctioning – donate or sell for less than fair market value a designated parcel of land or an interest in real property to another political subdivision if: (1) the land or interest will be used by the political subdivision to which it is donated or sold in carrying out a purpose that benefits the public interest of the donating or selling political subdivision; (2) the donation or sale of the land or interest is made under terms that effect and maintain the public purpose for which the donation or sale is made; and (3) the title and right to possession of the land or interest revert to the donating or selling political subdivision if the acquiring political subdivision ceases to use the land or interest in carrying out the public purpose. H.B. 2693 (Deshotel) – Manufactured Housing: would transfer regulation of manufactured housing from the Texas Department of Housing and Community Affairs to the Texas Department of Licensing and Regulation. H.B. 2694 (W. Smith) – TCEQ: this is the TCEQ sunset bill. The bill would, among other things: (1) require the Texas Commission on Environmental Quality (TCEQ) to develop and implement a policy to encourage the use of negotiated rulemaking and alternative dispute resolution procedures; (2) require the TCEQ to develop and implement a program to improve Town Council 157 of 231 Meeting Date: April 4, 2011 15 public access to information about the TCEQ and the matters the agency regulates; (3) make changes to narrow the scope of the mission of the office of public interest council; (4) authorize the TCEQ to consider additional factors when reviewing compliance history; (5) increase the penalties for statute and rule violations under the jurisdiction of the TCEQ, including increasing minimum daily fines; (6) authorize the TCEQ to approve a city’s supplemental environmental project in lieu of a fine that is necessary to bring the city into compliance with environmental laws or remediate environmental harm caused by the city’s alleged violation; (7) require the TCEQ to develop a policy to prevent a regulated entity from systematically avoiding compliance through the use of supplemental environmental projects; (8) make changes to the fees, penalties, and authorized TCEQ action for underground storage tanks; (9) require any water right holder who impounds, diverts, or otherwise uses state water to maintain water use information on a monthly basis to be made available to the TCEQ during an emergency water shortage, upon request; and (10) authorize the TCEQ to order suspension and reallocation of water rights during a drought or other emergency water shortage. (Companion is S.B. 657 by Huffman.) H.B. 2696 (Eiland) – Property Tax: would provide that a replacement structure for a structure that was rendered uninhabitable or unusable by casualty or by wind or water damage is not considered to be a new improvement for property tax purposes if a building code, fire code, local ordinance, or government assistance program requires: (1) the square footage of the replacement structure to exceed that of the replaced structure; or (2) the exterior of the replacement structure be of higher quality construction and composition than that of the replaced structure. (Companion bill is S.B. 1205 by Jackson.) H.B. 2702 (Solomons) – Population Classifications: would update the hundreds of provisions in state law that brackets certain legislation to cities of a certain population. (Companion bill is S.B. 1246 by Eltife.) H.B. 2707 (Burnam) – Alcoholic Beverage License: would prohibit the Texas Alcoholic Beverage Commission from issuing or renewing a permit for on-premises consumption to a person with a financial interest in the permit or the premises who, within the three preceding years, held a license or permit that was canceled or not renewed because of a shooting, stabbing, or other violent act or an offense involving drugs, prostitution, or human trafficking. H.B. 2713 (Thompson) – Loans: would allow refinancing of loans made with disaster recovery funds, including a government loan, if the new loan has a lower interest rate, fees, and points than the refinanced loan. (Companion bill is S.B. 1391 by Gallegos.) H.B. 2714 (Thompson) – Affordable Housing: would allow a participant in a federal housing tenant-based assistance program to seek judicial review of a decision by a housing authority to terminate the tenant-based assistance. (Companion bill is S.B. 925 by Ellis.) H.B. 2719 (Harper-Brown) – Sales Tax: would provide that a dealer, distributor, supervisor, or employer may not be regarded as a retailer or seller for sales tax purposes if the entity, directly or indirectly, only maintains, occupies, operates, or uses a fulfillment center or a computer server. Town Council 158 of 231 Meeting Date: April 4, 2011 16 H.B. 2729 (Callegari) – Procurement: would provide that: (1) a city may contract with a private entity to act as the city’s agent in the design, development, financing, maintenance, operation, or construction, including oversight and inspection, of a facility (any improvement to real property) or civil works project; and (2) a city entering into such a contract shall select a private entity on the basis of the entity’s qualifications and experience and enter into a project development agreement with the entity. (Companion bill is S.B. 1654 by Watson.) H.B. 2731 (Truitt) – Public Retirement Systems: would: (1) prohibit a public retirement system, including the Texas Municipal Retirement System (TMRS), from reducing the rate of member or employer contributions, provide a cost-of-living adjustment, or otherwise increasing retirement benefits, unless the system can show it is funded as required by the bill; (2) limit the calculation of a retirement benefit of a member of a public retirement system, including TMRS, to 125 percent of a period five years from the period that is used to calculate the benefits; (3) allow the pension review board or the attorney general to review complaints against a person who provides management or investment services to a public retirement system, including TMRS and other city systems; (4) require TMRS to receive pension board approval before entering into a contract with an investment managers or other contracts; (5) provide for ethical and conflict of interest requirements for members of the governing body of a public retirement system, including TMRS; and (6) change the way the assets and liabilities of a public retirement system, including TMRS, are made. H.B. 2732 (Oliveira) – Permit Vesting: would provide that, for purposes of the permit vesting statute, “fair notice” means the minimum amount of information necessary to enable a reasonably prudent person to understand the general nature and objective of a project. (Companion bill is S.B. 1442 by Shapiro.) H.B. 2733 (Madden) – Animal Control: would expand the drugs an animal control officer or other appropriate official may use to euthanize an animal. H.B. 2737 (N. Gonzalez) – Public Housing: would: (1) allow a criminal justice agency to disclose certain criminal history record information (CHRI) to a housing authority; (2) provide that a person who employs individuals to work at a residential dwelling project may: (a) obtain from the Department of Public Safety (DPS) the employee’s CHRI; and (b) request the employee to disclose the employee’s CHRI and, with authorization from the employee, verify that information with DPS; and (3) authorize DPS to adopt rules requiring an affidavit from the employer with a statement from the employee authorizing the employer to obtain the CHRI. (Companion bill is S.B. 1553 by Rodriguez.) H.B. 2738 (N. Gonzalez) – Public Housing: would: (1) allow a criminal justice agency to disclose certain criminal history record information (CHRI) to a housing authority or housing project; and (2) provide that a housing authority is entitled to obtain CHRI from the Department of Public Safety relating to a person who is a tenant, an applicant for housing, or a “covered person.” H.B. 2746 (Martinez Fischer) – Property Tax: would provide that real property transferred to a charitable organization for the improvement of the property for low-income housing is not Town Council 159 of 231 Meeting Date: April 4, 2011 17 subject to an additional tax for the change of the use of the property if the new use of the property would otherwise be exempt from property taxes. H.B. 2754 (Martinez Fischer) – Legislative Testimony: would require the Texas Legislative Council to provide certain means by which a person can submit electronic testimony regarding a bill or resolution that is pending before a committee or subcommittee of the Senate or House of Representatives. H.B. 2756 (Lavender) – Carrying of Handguns: would authorize any person who is licensed to openly carry a handgun. H.B. 2760 (Garza) – Sales Tax: would, among other provisions: (1) authorize a quarter-cent sales tax to be imposed by election to fund species-protection programs in certain parts of the Edwards Aquifer, Guadalupe River Basin, San Antonio River Basin, and San Antonio Bay and estuary system; (2) designate the Edwards, Guadalupe-Blanco, and San Antonio River Authorities as the taxing authorities; and (3) exempt the tax from the two-cent sales tax cap within a city’s limits. (Companion is S.B. 1595 by Wentworth.) H.B. 2763 (Farrar) – Solid Waste: would prohibit the Department of Public Safety from denying the renewal of a driver’s license because of an underlying offense related to a local solid waste or heavy trash requirement. H.B. 2774 (Bohac) – Property Tax: would allow the city council of a city in Harris County to reduce the property tax appraisal cap on homesteads from ten percent to five percent. H.B. 2778 (Bohac) – Water Utility Rates: would require a city that is the regulatory authority for a non-municipally-owned water and sewer utility’s rates or the Texas Commission on Environmental Quality (TCEQ) to set a ratemaking hearing if at least ten percent of the ratepayers living in the same subdivision or zip code submit a complaint about the proposed rate change. H.B. 2780 (Bohac) – Burglary of a Vehicle: would provide, with regard to the offense of burglary of a vehicle, that: (1) the offense is a state jail felony if the defendant has previously been convicted of that same offense or the vehicle broken into is a rail car; (2) the amount of community service work ordered by the judge may not exceed 600 hours; and (3) provisions providing for the minimum period of community supervision for an offense punishable as a misdemeanor are repealed. (Companion bill is S.B. 203 by Huffman.) H.B. 2782 (Callegari) – Sales Tax: would exempt certain firearms, hunting equipment, ammunition, and related accessories from sales taxes if the sale takes place over the second weekend in October. (Companion bill is S.B. 1411 by Hegar.) H.B. 2798 (Bonnen) – Electric Discounts: would, among other things, provide that a municipally owned electric utility shall discount charges for electric service provided to a school district that is a 20-percent reduction of the utility’s base rates. Town Council 160 of 231 Meeting Date: April 4, 2011 18 H.B. 2803 (Raymond) – Colonias: would: (1) provide that the secretary of state shall establish and maintain a statewide system for identifying colonias that must include a method for a city or county to nominate an area for identification as a colonia and may provide for the review of a nominated area by the Texas Water Development Board, the office of the attorney general, or any other appropriate state agency as determined by the secretary of state; (2) to augment regulatory compliance by political subdivisions, provide that the model subdivision rules may impose requirements for platting, replatting, or any other method authorized by law; (3) notwithstanding any other law to the contrary, a political subdivision that has adopted the model rules may impose the platting requirements of Local Government Code Chapter 212 (city platting authority) or 232 (county platting authority) to a division of real property that is required to be platted or replatted by the provisions of the model rules; and (4) before an application for certain funding may be considered by the Water Development Board, if the applicant is located: (a) in a city, the city must adopt and enforce the model subdivision rules; (b) in the extraterritorial jurisdiction of a city, the applicant must demonstrate that the model subdivision rules have been adopted and are enforced in the extraterritorial jurisdiction by either the city or the county; or (c) outside the extraterritorial jurisdiction of a city, the county must adopt and enforce the model subdivision rules. (Companion bill is S.B. 1816 by Zaffirini.) H.B. 2810 (S. Miller) – Sales Tax: would exempt from sales taxes tangible personal property incorporated into a commercial dairy-free stall barn, commercial dairy structures, or commodity structures used to process feed for dairy cows. H.B. 2811 (Coleman) – Drugs: would allow a city or county to prohibit the sale of any abusable drug or chemical so long as the drug is not approved by the Federal Food and Drug Administration. H.B. 2813 (Christian) – Sales Tax: would require the comptroller to provide notice to a person who the comptroller considers to be a retailer or seller for sales tax purposes. H.B. 2815 (L. Taylor) – Prop 2: would exempt from property taxes an energy storage system or technology used as a facility, device, or method for the control of air pollution. H.B. 2817 (L. Taylor) – Elections: would, among other things: (1) eliminate the current provision in state law that requires the secretary of state to either prescribe the terms that a county elections administrator must accept, or instruct the county elections administrator to decline to enter into a contract with a city, if a city and county are unable to initially reach an agreement to furnish election services; (2) provide that an election watcher may not be accepted for service if the watcher has possession of a device capable of recording images or sound unless the watcher agrees to disable or deactivate the device; (3) provide that the custodian of keys to early voting ballot boxes must retain possession of the keys until delivered to the presiding judge of the central counting station; (4) require that a plan for counting votes cast on an electronic voting system include a process for comparing the number of voters who signed the combination form with the number of votes cast for the entire election; (5) require a city to post notice of dates of the filing period for an application for a place on the ballot not later than the 30th day before: (a) the first day on which a candidate may file an application; or (b) the last day on which a candidate may file the application, if the election code does not designate a first day on which Town Council 161 of 231 Meeting Date: April 4, 2011 19 the candidate may file the application: (6) provide that a withdrawal from an election that is not made in writing and signed by the candidate, or is not timely filed with the appropriate authority or agent of an authority, has no legal effect and is not considered filed; and (7) require a notice relating to a local option liquor election that is published in a newspaper to include: (a) the individual or entity that is applying for the petition to gather signatures for a local option liquor election; (b) the type of local option liquor election; (c) the name of the political subdivision in which the petition will be circulated; and (d) the name and title of the person with whom the application will be filed. (Companion bill is S.B. 849 by Duncan.) H.B. 2823 (Coleman) – Peace Officer Training: would require a peace officer to complete eight hours of training on ethical decision making every two years. (Companion bill is S.B. 1676 by Ellis.) H.B. 2826 (Murphy) – Municipal Setting Designations: would, among other provisions: (1) require a city with a population of more than two million to give notice and 120 days to pass a resolution in opposition to a municipal settings designation (MSD) to any city or public utility within a certain distance from the proposed MSD; and (2) require that no resolution has been filed in opposition for the MSD to be issued. H.B. 2833 (White) – Working Dogs: would exempt working dogs, including those used for police, therapy, or livestock handling, from any ordinance or law regulating: (1) spaying or neutering; (2) number of pets in households; (3) housing of dogs; (4) insurance requirements; or (5) breed restrictions. H.B. 2849 (Simpson) – Mineral Estates: would grant considerable new rights to an owner of the surface estate in land in connection with mineral exploration and production operations on the land. H.B. 2850 (Mallory Caraway) – Law Enforcement Vehicles: would prohibit a city from selling or transferring a marked patrol car or other law enforcement vehicle to the public unless the city first removes any equipment or insignia that could mislead a reasonable person into believing the vehicle is a law enforcement vehicle. H.B. 2852 (Mallory Carraway) – Red Light Cameras: would provide that: (1) a city shall install a sign at each intersection at which a photographic traffic monitoring system is in active use and at which turning right is permissible; and (2) the sign must indicate the location at which the operator of the vehicle must stop the vehicle when facing a steady red signal. H.B. 2853 (J. Davis) – Tax Increment Financing: among other things, would: (1) repeal the requirement that a city adopting a reinvestment zone financing plan mail a copy of the plan to the governing body of each taxing unit that levies taxes in the proposed zone; (2) allow a city to designate a reinvestment zone so long as: (a) less than 30 percent of the property in the proposed zone is used for residential purposes; or (b) the total appraised value of taxable real property in the proposed zone and in existing zones is less than 25 percent of the total appraised value for a city with a population of 100,000 or more, or 50 percent of the total appraised value for a city with a population of less than 100,000; (3) allow a city council that designated a reinvestment Town Council 162 of 231 Meeting Date: April 4, 2011 20 zone by ordinance or resolution to adopt an ordinance or resolution extending the term of all or a portion of the zone after notice and a hearing; (4) authorize a city council to appoint a reinvestment board of directors consisting of nine members if fewer than seven taxing units other than the city are eligible to appoint members of the board of directors; (5) provide that if at least seven taxing units other than the city are eligible to appoint members of the reinvestment zone’s board of directors, then the city creating the zone may appoint only one member; (6) allow an agreement to specify the projects to which a participating taxing unit’s tax increment will be dedicated and that the taxing unit’s participation may be computed with respect to a base year later than the original base year of the zone; and (7) provide that an act or proceeding of a city, a reinvestment zone board, or other entity acting pursuant to a reinvestment zone financing plan is conclusively presumed valid after two years have passed and a lawsuit to annul or invalidate the act or proceeding has not been filed. H.B. 2856 (Gallego) – Felony Forfeiture: would: (1) prohibit prosecutors from executing a plea bargain agreement that would waive a person’s interest in property seized under the felony forfeiture laws; (2) provide that post-judgment interest on money seized under the felony forfeiture laws shall be used for the same purposes as the principal; (3) prohibit the use of felony forfeiture funds for: (a) political campaigns; (b) donations to certain organizations that do not assist in the detection, investigation, or prosecution of crime or provide rehabilitation services; (c) judicial training; (d) certain travel expenses; (e) alcoholic beverages; (f) any expenditure not approved by the city council if the law enforcement agency head holds elective office and is not running for reelection or did not prevail in a reelection bid; or (g) a salary, expense, or allowance increase for an employee of the law enforcement agency that was not approved by the city council; (3) require more detailed local audits of the expenditure of felony forfeiture funds; (4) permit the state auditor to investigate at any time the expenditure of felony forfeiture funds; (5) permit the attorney general to sue a law enforcement agency or prosecutor who misuses felony forfeiture funds; and (6) permit up to a $100,000 civil fine for misuse of felony forfeiture funds. (Companion bill is S.B. 316 by Whitmire.) H.B. 2860 (Y. Davis) – Public Improvement Districts: would provide that: (1) a city may establish a public improvement district in noncontiguous areas if the areas share a common characteristic or use; (2) a petition for the establishment of a public improvement district must state the proposed assessment schedule, the appraised value of taxable real property that is liable for assessment, and an estimate of property value appreciation for real property in the district for the period after the district is created and before the deferred assessment will be assessed; (3) if a proposed assessment schedule in a petition includes a deferred assessment, a city council must use the services of city employees before the hearing to estimate the appraised value of taxable real property liable for assessment in the district and the cost of improvement; and (4) the cost of an improvement may be assessed as a percentage of sales or receipts, or as a percentage of increased property value attributable to the improvement. H.B. 2866 (Harper-Brown) – Public Information: would: (1) allow open records letter ruling requests to be filed electronically with the attorney general’s office; and (2) allow notices, decisions, and other public information documents to be transmitted electronically by the attorney general’s office. (Companion bill is S.B. 933 by Ellis). Town Council 163 of 231 Meeting Date: April 4, 2011 21 H.B. 2871 (Aliseda) – Tire Disposal: would require a person who sells new or used motor vehicle tires to collect at the time of sale a tire disposal fee to be used only for the purpose of properly disposing of or recycling used or scrap tires. H.B. 2874 (Geren) – Telecommunications: would provide that: (1) a city may not by rule, order, or other means directly or indirectly regulate rates charged for, service or contract terms for, conditions for, or requirements for entry into the market for Voice over Internet Protocol services or other Internet Protocol enabled services; and (2) the limitation in (1) does not: (a) affect payment of municipal right-of-way fees applicable to Voice over Internet Protocol services; (b) affect any person’s obligation to provide video service as defined by S.B. 5 (2005)(the state video franchise bill) under any applicable state or federal law; or (c) require or prohibit assessment of enhanced 9-1-1, relay access service, or universal service fund fees on Voice over Internet Protocol service. (Companion bill is S.B. 985 by Carona.) H.B. 2875 (S. Davis) – Elections: would: (1) provide that a voter who presents a voter registration certificate indicating that the voter is registered in a different precinct in the same county in the precinct in which the voter is offering to vote, or a voter who does not present a voter registration certificate, shall be accepted for provisional voting only if the voter executes an affidavit; (2) require an election officer to enter the voter’s registration number beside the voter’s name on the poll list, if applicable; (3) require an election officer to indicate beside the voter’s name on the poll list that the voter was accepted for provisional voting and enter the voter’s address; and (4) require a copy of the poll list to be included in Envelope No. 4. H.B. 2878 (Berman) – Immigration: would: (1) make a person liable to the state for actual damages for employing or contracting with an unauthorized alien; (2) authorize a private individual to sue on behalf of the State of Texas for a violation of (1), above (a “qui tam lawsuit”); (3) identify as contraband and require forfeiture of certain property in relation to certain criminal offenses involving unauthorized aliens; (4) create the felony offense of criminal trespass by an unauthorized alien; and (5) create the felony offense of employing or contracting with an unauthorized alien. H.B. 2879 (P. King) – Texas Historical Commission: would abolish the Texas Historical Commission and transfer its duties to the Parks and Wildlife Commission, the General Land Office, and the Texas State Library and Archives Commission. H.B. 2885 (Workman) – Liquid Propane Tanks: would prohibit a city from enacting or enforcing an ordinance that prohibits, restricts, or has the effect of prohibiting or restricting a property owner from installing a liquid propane gas tank of a reasonable size to service the property above ground on residential property, except that a city may require the owner to screen the tank from view with reasonable screening materials. H.B. 2886 (Workman) – Immigration: would: (1) create a resident alien card program for undocumented immigrants; (2) require an employer, including a city, who employs someone with a resident alien card to: (a) deduct a state tax equal to the federal income tax from the individual’s wages; and (b) provide the same benefits to the individual as other employees; (3) give an employer, including a city, an affirmative defense from federal prosecution for hiring an Town Council 164 of 231 Meeting Date: April 4, 2011 22 undocumented immigrant if the employee has a resident alien card; (4) require a city to give preference to a lawful resident over a resident alien card holder; (5) create a fine of $10,000 for hiring an undocumented immigrant who does not have a resident alien card; and (6) give the taxes collected to local governments, including cities, which provide services to resident aliens. H.B. 2888 (Munoz) – Certificates of Convenience and Necessity (CCNs): would: (1) expand the situations in which a landowner would be able to petition the Texas Commission on Environmental Quality for release from a CCN; (2) remove a landowner in a platted subdivision receiving water or sewer service from a rural water supply corporation that has federal debt from the group of landowners entitled to contest an involuntary certification of property; and (3) authorize a landowner whose property is within city limits and is receiving water or sewer service from a rural water supply corporation that has federal debt and has refused or is not capable of providing service in the same manner that the city would be required to if it held the certificate to the property to petition for expedited release from a CCN. H.B. 2889 (Madden) – Expunction of Arrest Records: would require a police department to expunge all records of the arrest of a person when the office of the attorney who is authorized to prosecute the offense for which the person was arrested declines to prosecute and does not object to the court entering an order of expunction. (Companion is S.B. 1473 by Hinojosa.) H.B. 2891 (Sheets) – Elections: would require the early voting clerk to include a disposable fingerprint inked strip and instructions for use with balloting materials that are mailed to a voter. H.B. 2895 (D. Miller) – Water Ratemaking: would: (1) authorize a city council that is the regulatory authority for water rates for a non-city-owned utility within city limits to authorize reduced rates for a minimal level of service to be provided to a class or classes of low-income or elderly customers; and (2) require a city acting as a regulatory authority for water rates to allow the utility in question to choose whether to have a forward-looking or historical test year used as part of the calculation of the utility’s expenses during a ratemaking determination. H.B. 2896 (T. King) – Peace Officer: would require a peace officer to remain at the location of a damaged fence if: (1) the officer responds to a car accident that damages the fence; and (2) the officer believes that the fenced area contains livestock. H.B. 2897 (Naishtat) – Driver Education Courses: would: (1) create requirements for a driver education course specifically for individuals under twenty-five years of age; and (2) require that a driver under the age of twenty-five who commits a moving violation and receives a deferred adjudication or deferred disposition complete a driver education course for drivers under the age of twenty-five. (Companion is S.B. 1330 by Watson.) H.B. 2901 (D. Miller) – Property Tax: would provide that a transferee holding a tax lien assumes the lien priority of the taxing unit for funds advanced to pay taxes, penalties, interest, and collection costs. Town Council 165 of 231 Meeting Date: April 4, 2011 23 H.B. 2920 (Reynolds) – Elections: would provide that the city council of a type C general law city with a population of over 10,000 may adopt an ordinance to determine if commissioners may be elected in alternate years or in the same election year. H.B. 2925 (Farias) – Consumer Credit: would require a creditor that extends consumer credit to certain members of the United States armed forces or a member of the Texas National Guard and their dependents give those persons the same benefits and protections that the creditor is required to apply to persons covered under the federal John Warner National Defense Authorization Act. H.B. 2927 (Farias) – Property Tax: would: (1) provide that, for a property that qualifies for a residence homestead exemption that was acquired by a property owner as a bona fide purchaser in the preceding year, the appraised value of the property for the first tax year may not exceed the lesser of: (a) the market value of the property; (b) the appraised value of the property; or (c) an amount equal to the sum of the purchase price paid by the owner and the market value of all new improvements to the property; (2) limit re-appraisals of residential homesteads to no more often than once every three years; and (3) prevent taxable value increases in years in which homesteads are not re-appraised. H.B. 2934 (Castro) – Texas Municipal Retirement System: would give the members of the Texas Municipal Retirement System another option when calculating possible increases in annuities or supplemental benefits given to retirees and beneficiaries of deceased retirees. (Companion bill is S.B. 1164 by Wentworth). H.B. 2943 (Coleman) – Debt Instruments: would require a city to report all proposed bond initiatives and debt to the Bond Review Board, but only if the legislature appropriates state money for the payment or reimbursement of costs incurred by the city in complying with the mandate. H.B. 2944 (Coleman) – Debt Instruments: would require the Bond Review Board to establish on its Web site a database of outstanding bonds and other debt obligations issued by each local government. H.B. 2946 (Coleman) – Mandatory Health Benefit: would require coverage for care and treatment of loss of language or impairment of speech. H.B. 2949 (Cook) – Municipal Court: would repeal the penalty prohibiting a city from withholding its ten percent of many state court fines if the city is not in compliance with state fee reporting and remitting rules. H.B. 2952 (Cain) – Property Tax: would provide that a city council may not adopt a budget that exceeds the revenue adopted in the previous year by the lesser of: (1) the growth in the state’s gross state product; or (2) population growth in the local government plus inflation. The bill would allow the voters in a city to nullify a limitation on the growth of the budget as provided by the bill if a majority of the voters in the city vote in a referendum election in favor of nullification. Town Council 166 of 231 Meeting Date: April 4, 2011 24 H.B. 2957 (J. Davis) – Law Enforcement: would adopt the Law Enforcement Officers’ Due Process Act, which includes provisions that: (1) limit the way in which a city may conduct a disciplinary investigation or question an officer; (2) limit the times and places that a peace officer may be questioned; (3) give the right to counsel to a peace officer under investigation or questioning; (4) give the right to access to documents related to the investigation to peace officers; (5) require the employing city to give a notice of investigation or questioning within a specific period of time; (6) provide for hearing procedures for peace officer investigations and the resulting employment action; (7) require a written or taped record of any proceedings; and (7) prohibit peace officers from engaging in political activity while the officer is on duty, in uniform, or acting in an official capacity. H.B. 2958 (Paxton) – Property Tax: would provide that: (1) if changes in the items subject to sales tax would result in an average increase in the amount of sales tax revenue received by a city, the effective tax rate and rollback tax rate of a city that also imposes a sales tax are reduced by a rate that would impose an amount of taxes equal to the amount of revenue gained because of the changes; and (2) if changes in the items subject to sales tax would result in an average decrease in the amount of sales tax revenue received by a city, the effective tax rate and rollback tax rate of a city that also imposes a sales tax are increased by a rate that would impose an amount of taxes equal to the amount of revenue lost because of the changes. H.B. 2961 (Darby) – Solar Energy: would apply to a municipally owned electric utility (MOU) with retail sales of more than 500,000 megawatt hours in 2009 and provide – among many other things – that, beginning not later than March 1, 2012, an MOU shall annually report to the Public Utility Commission information regarding the efforts of the MOU with regard to its efforts to promote solar energy generation incentive programs goals. H.B. 2962 (Bohac) – Certificates of Convenience and Necessity: would (1) create a process allowing sixty percent of the customers in a geographic area to file a petition with the Texas Commission on Environmental Quality to be released from a certificated area; and (2) make the decision final, unappealable, and not subject to judicial review. H.B. 2966 (Naishtat) – Public Information: would make confidential any communication or record that contains identifying information regarding a person who receives a forensic medical examination that is created by, provided to, or in the control of the Department of Public Safety in reference to certain sexual assault survivors. H.B. 2972 (T. Smith) – Street Maintenance Sales Tax: would: (1) allow a city that has already held two reauthorization elections in which at least 66 percent of the voters in the last two consecutive elections approved of the tax to call an election to reauthorize the tax for eight years; and (2) allow revenue from the street maintenance sales tax to be used to maintain and repair sidewalks. H.B. 2973 (Hunter) – Litigation: would: (1) provide for the dismissal of a lawsuit if shown by a preponderance of the evidence that the legal action is based on, relates to, or is in response to the exercise of the defendant’s right of free speech, right to petition, or right of association; (2) Town Council 167 of 231 Meeting Date: April 4, 2011 25 prohibit dismissal as described in (1), above, if the party bringing the action establishes by clear and specific evidence a prima facie case for each essential element of the claim; (3) require a court, if dismissal is ordered as described in (1), above, to award court costs, attorney’s fees, and expenses, and impose sanctions against the person and attorney who brought the legal action; (4) require a court, if a motion under (1), above, is found to be frivolous, to award court costs and attorney’s fees to the responding party; and (5) exempt from the application of this bill: (a) an enforcement action brought by a city; and (b) certain legal action brought against a person who sells or leases goods or services. (Companion bill is S.B. 1565 by Ellis.) H.B. 2974 (Hunter) – Litigation: would: (1) allow a party to a lawsuit to file a motion to dismiss if the lawsuit relates to the party’s exercise of the right of free speech, right to petition, or right of association; and (2) award attorney’s fees and expenses to the party if the lawsuit is dismissed based on the motion. H.B. 2977 (Hunter) – Open Meetings: would provide that a member or group of members of a governmental body commits an offense if the member or group of members knowingly: (1) conspires to circumvent the Open Meetings Act by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of the Act; or (2) transmits an electronic communication during a public meeting. The bill defines an “electronic communication” as an e-mail, text message, instant message, or posting on an Internet Web site, and does not apply to an electronic communication that contains only administrative or ministerial information or that is sent in relation to an emergency situation. H.B. 2980 (Hunter) – Public Information: would require a court to consider, when assessing costs of litigation and reasonable attorney’s fees for a suit brought by a governmental body seeking declaratory relief from an open records letter ruling issued by the attorney general, whether the conduct of the governmental body had a reasonable basis in law or whether the litigation was brought in good faith. H.B. 2981 (Hunter) – Traffic Safety: would provide that, with some exceptions, a person commits an offense if the person operates a motor vehicle on a highway or street and another person occupies a boat or personal watercraft being drawn by the motor vehicle. H.B. 2986 (Parker) – Union Political Expenditures: would: (1) require a union to: (a) segregate any funds to be used for political expenditures, including expenditures for lobbying, political advertising, and other political activities; (b) ensure that any contribution to a political fund is voluntary; (c) ensure that no union dues are used for political expenditures; and (d) maintain records showing that the union has not engaged in any prohibited practices; (2) prohibit a public employer, including a city, from deducting from wages any amount for certain political expenditures including for a union fund created for political expenditures; and (3) allow a public employer, including a city, to deduct from wages for certain political expenditures if the employer receives written authorization with specific language. H.B. 2989 (Deshotel) – Construction Employees: would: (1) require any person who contracts for construction services, including a city, to ensure that each individual is classified correctly as either an employee or an independent contractor; (2) provide an administrative penalty if an Town Council 168 of 231 Meeting Date: April 4, 2011 26 individual is incorrectly classified; (3) require a contract between a city and a construction contractor to include an affidavit that each individual performing services under the construction contract has been correctly classified as either an employee or independent contractor; and (4) allow a city to rescind a contract if the city finds that the contractor has incorrectly classified its workers. H.B. 2994 (Miles) – Urban Farming: would provide for the creation, operation, and funding of the urban farm microenterprise support program by the Texas Agricultural Finance Authority. H.B. 2995 (Miles) – Wastewater Fees: would prohibit a city-owned water or sewer utility from receiving compensation for wastewater service provided to an owner or operator of an urban farm when the wastewater is used for farming purposes. H.B. 2996 (Miles) – Urban Farming: would provide for the creation of the Texas Urban Agricultural Innovation Authority and, among other things, implement an urban farmer interest rate reduction program and an urban farmer grant program for certain individuals in cities with a population of at least 1.5 million. H.B. 2997 (Miles) – Urban Farming: would require the Texas Department of Agriculture to establish the urban farming pilot program and would create the Select Committee on Urban Farming to study the program, urban farming trends, and various related topics. H.B. 2998 (Miles) – Property Tax: would require the Department of Agriculture to develop standards for determining whether: (1) an urban farm qualifies for a property tax appraisal as open-space land; (2) an urban farm or green roof qualifies for a property tax credit; or (3) an urban farm or green roof qualifies for an abatement of property taxes. H.B. 3001 (Thompson) – Sex Offenders: would, among several other provisions: (1) require a city police department designated as the primary registration authority for certain sex offenders to use a required monitoring system to verify the authenticity of any geographically verifiable information contained in the offender’s registration form; and (2) require the manufacturer or vendor of a monitoring system to provide training to a city police department on the equipment. H.B. 3012 (Giddings) – Sales Tax: would exempt certain school art supplies from sales tax during limited periods of time. H.B. 3014 (Oliveira) – Hotel Occupancy Tax: would provide that local hotel occupancy taxes do not apply to an individual who has the right to use or possess a room in a hotel for at least thirty consecutive days, so long as there is no interruption of payment during that period of time. H.B. 3019 (Gutierrez) – Elections: would require an election officer to provide a paper ballot to a voter who requests one. H.B. 3020 (Gutierrez) – Personnel: would: (1) require a city who has a contract for construction services to include in a contract with a contractor to: (a) provide at least a 15-minute rest break for every four hours of work its employees perform; and (b) ensure that employees do Town Council 169 of 231 Meeting Date: April 4, 2011 27 not work more than three-and-a-half hours without receiving a break; (2) require a city to develop procedures for administering the bill’s provisions; and (3) allow a city to impose an administrative penalty if a contractor violates these provisions. (Companion bill is S.B. 1765 by Rodriguez.) H.B. 3034 (McClendon) – Warrants: would authorize any magistrate to issue: (1) search and seizure warrants; and (2) warrants for contraband subject to forfeiture. H.B. 3036 (Alvarado) – Street Maintenance Sales Tax: would authorize a city to hold an election to reauthorize the street maintenance sales tax for a ten-year period. H.B. 3039 (Chisum) – Property Tax: would exempt from property taxes real property used to provide housing to certain persons with disabilities. H.B. 3046 (Lucio) – Law Enforcement: would require a city police department to: (1) follow a plan and procedure enacted by the county commissioners court to monitor the retention, preservation, and disposition of physical evidence seized in a criminal investigation; and (2) allow the county commissioners court or its appointee to perform inspections as necessary to ensure compliance with the procedures enacted by the county. H.B. 3050 (Lucio) – Forfeiture: would: (1) require a law enforcement agency that seizes or helps seize property identified as or alleged to be contraband to follow the forfeiture procedures in Code of Criminal Procedure Article 59.03 or obtain written consent of the attorney representing the state before submitting the property to a forfeiture proceeding provided by another law; (2) require an agency that violates (1), above, to forfeit its claim to any proceeds; (3) provide that the attorney representing the state must enforce (2), above, by filing necessary legal proceedings. H.B. 3054 (Pena) – Political Advertising: would: (1) prohibit a person from knowingly causing to be posted on an in Internet Web site political advertising that does not explain that it is political advertising and to include information about who paid for or authorized the advertising; and (2) provide when a payment for posting on an Internet website is considered payment for political advertising and when such payment must be reported as an expenditure. H.B. 3055 (Pena) – Elections: would make it a state jail felony for anyone to knowingly provide false information on an application for an early voting ballot. H.B. 3056 (Pena) – Elections: would expand the definition of contraband to include any property involved in the commission of certain election offenses. H.B. 3064 (P. King) – Disabled Parking Placards: would: (1) impose various requirements to prevent the fraudulent issuance and use of disabled parking placards; (2) require the owners of a building or facility used by the public that is constructed, renovated, or modified, in whole or in part, on or after January 1, 1970, using funds from the state, county, or city to: (a) designate a person to inspect disabled parking placards of each person who parks a vehicle in parking space designated for disabled persons to ensure the placard is for the person operating the vehicle or a Town Council 170 of 231 Meeting Date: April 4, 2011 28 person being transported in the vehicle; and (b) limit the use of any van accessible parking spaces to a person who must use a wheelchair, unless no other parking space designated specifically for persons with disabilities are available. H.B. 3066 (Burnam) – Oil and Gas Drilling: would include a structure, device, item, equipment, enclosure, or appurtenance associated with an oil or gas well in the definition of “facility” under the Texas Clean Air Act. H.B. 3072 (Veasey) – Elections: would require a poll watcher to present a form of photo identification along with the certificate of appointment to the early voting clerk or deputy clerk at a polling place. H.B. 3082 (Isaac) – Elections: would, for early voting in an city election that includes a bond proposition in a county with a population of more than one million: (1) require any mobile voting station used in early voting to not change locations during a single day within the early voting period; and (2) require the station to move around the territory covered by the election in order to allow all of the voters in the territory the same access to the mobile voting station during the early voting period. H.B. 3090 (Creighton) – Drinking Water Audits: would: (1) require a city water utility that provides drinking water to perform and file with the Texas Water Development Board (TWDB) a water audit computing the utility’s system water loss during the preceding year; and (2) require a similar audit from a city water utility that provides drinking water to a population of 3,300 or fewer and that does not receive any form of financial assistance from the TWDB to perform and file with the TWDB once every five years a water audit computing the utility’s most recent annual system water loss. H.B. 3092 (Rodriguez) – Local Option Transportation Funding: would authorize Travis County to utilize various local funding mechanisms to fund specific local projects if approved at an election in the county. H.B. 3093 (Lewis) – Elections: would provide that: (1) a person who files a semiannual report of political contributions and expenditures may amend the report; (2) a semiannual report that is amended before the eighth day after the date the original report was filed is considered to have been filed on the date on which the original was filed; and (3) a semiannual report that is amended on or after the eighth day after the original report was filed is considered to have been filed on the date on which the original was filed if: (a) the amendment is made before a complaint is filed regarding the subject of the amendment; and (b) the original report was made in good faith without the intent to mislead. H.B. 3095 (Farias) – Graffiti: would require a municipal court to require a juvenile repeat graffiti offender who made markings on public property to, with the juvenile’s parent or guardian, restore the public property by removing or painting over any marks made by the child, with the consent of the governmental entity. Town Council 171 of 231 Meeting Date: April 4, 2011 29 H.B. 3103 (Anchia) – Elections: would provide that a person commits a first-degree felony if the person knowingly: (1) impersonates or uses the identity of another person and attempts to vote as that other person; (2) removes the name of an eligible voter from the list of registered voters or the poll list for an election precinct; (3) prevents the deposit of a marked and properly folded ballot in the ballot box; (4) provides false information to a voter about voting procedures resulting in the voter being prevented from casting a ballot that may be legally counted; (5) places restrictions on a voter’s exercise of the right to vote resulting in the voter being prevented from casting a ballot that may be legally counted; or (6) impersonates a law enforcement officer or provides false information about law enforcement procedures for the purpose of intimidating voters regardless of whether the voter casts a vote. (Companion is S.B. 1283 by Watson.) H.B. 3104 (Simpson) – Sales Tax: would exempt from sales taxes the sale of any gold, silver, or numismatic coins, or platinum, gold, or silver bullion. H.B. 3105 (Keffer) – Regulatory Takings/Oil and Gas: would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act, which would: (1) waive sovereign immunity to suit and liability for a regulatory taking; (2) authorize a private real property owner to bring suit to determine whether the governmental action of a city results in a taking; (3) require a city to prepare a “takings impact assessment” prior to imposing certain regulations; and (4) require a city to post 30-days notice of the adoption of most regulations prior to adoption. H.B. 3106 (Keffer) – Texas Railroad Commission: would abolish the Texas Railroad Commission, create the Texas Oil and Gas Commission, transfer of the powers and duties of the Railroad Commission to the new commission, and provide for various administrative changes. (Companion bill is S.B. 655 by Hegar.) H.B. 3108 (Deshotel) – Ambulance Service: would require the Health and Human Services Commission to ensure that any ambulance service provided to a Medicaid managed care plan beneficiary is paid for regardless of whether the ambulance provider is in the plan’s network. H.B. 3114 (V. Gonzales) – County Development Authority: would authorize certain border counties to regulate development in the unincorporated areas of the county and authorize a city in those counties to regulate development in the city’s extraterritorial jurisdiction. (Companion bill is S.B. 1363 by Lucio.) H.B. 3115 (V. Gonzales) – Colonias: would authorize certain border counties to regulate development in the unincorporated areas of the county and authorize a city in those counties to regulate development in the city’s extraterritorial jurisdiction. (Companion bill is S.B. 1364 by Lucio.) H.B. 3120 (Thompson) – Sales Tax: would provide that: (1) neither a religious, educational, or public service organization, nor an individual acting on behalf of the organization, is considered to be a salesman, representative, peddler, or canvasser for sales tax purposes; and (2) a religious, educational, or public service organization that holds an authorized tax-free sale or auction is the Town Council 172 of 231 Meeting Date: April 4, 2011 30 seller of a taxable item if the organization purchased the item as evidenced by a contract, purchase order, invoice, receipt, or other similar document. H.B. 3126 (Naishtat) – Electricity: would provide, among other things, that the Public Utility Commission by rule shall require an electric utility, municipally owned utility, electric cooperative, qualifying facility, power generation company, exempt wholesale generator, or power marketer to give to the following the same priority that it gives to a hospital in its emergency operations plan for restoring power after an extended power outage: (1) a nursing facility; (2) an assisted living facility; and (3) a facility that provides hospice services. (Companion bill is S.B. 937 by Lucio.) H.B. 3129 (Price) – E-verify: would: (1) require an employer, including a city, to enroll in and use E-verify to verify immigration information about new employees; and (2) provide an administrative penalty for failure to use E-verify. H.B. 3133 (Rodriguez) – Property Tax: would: (1) provide that property transferred by an organization that received a property tax exemption as an organization constructing or rehabilitating low-income housing to a charitable organization may not be exempted as property of the charitable organization after the fifth anniversary of the date the transferring organization acquired the property; (2) require the chief appraiser to take into account how any limitations and/or resale restrictions on property sold to a low-income individual or family reduce the overall market value of the property; and (3) a change in the use of property transferred to a charitable organization to improve for low-income housing does not result in an additional tax as otherwise provided by the Tax Code. H.B. 3138 (Hardcastle) – Property Tax: would allow a dealer of heavy equipment to apply to the chief appraiser to have the dealer’s heavy equipment inventory appraised for property tax purposes in a similar way as other types of inventory. H.B. 3142 (Pickett) – Utility Payments: would provide that a municipally owned electric or gas utility or a third party acting on the utility’s behalf may not charge a fee for credit card, debit card, or automated bank draft payment conducted through the Internet for reoccurring charges. H.B. 3147 (McClendon) – Evidence of Sexual Assault: would: (1) require a law enforcement agency that receives sexual assault evidence to submit that evidence to an accredited crime lab for analysis not later than the tenth day after the date on which the evidence is received; (2) require a law enforcement department that handles sexual assault evidence to maintain the chain of custody from the time of collection until the time the evidence is destroyed; and (3) require a law enforcement agency in possession of sexual assault evidence that has not been submitted for lab analysis to: (a) not later than October 15, 2011, submit to the Department of Public Safety (DPS) a list of active criminal cases for which sexual assault evidence has not been submitted for lab analysis; and (b) not later than April 1, 2012, submit to DPS all sexual assault evidence pertaining to those active cases that have not been submitted for lab analysis. H.B. 3158 (V. Taylor) – Elections: would require the general custodian of election records to adopt procedures for testing direct recording electronic voting machine systems to verify that Town Council 173 of 231 Meeting Date: April 4, 2011 31 each contested position, as well as each precinct and ballot style, on the ballot can be voted and is accurately counted. (Companion bill is S.B. 1398 by Patrick.) H.B. 3160 (V. Taylor) – Elections: would require an individual to verify citizenship in order to become a registered voter. H.B. 3166 (Callegari) – State Agencies: would abolish and consolidate various state agencies and function, including, among others: (1) transferring the regulatory functions of the Texas Board of Plumbing Examiners to the Department of Licensing and Regulation; and (2) consolidating the licensing and regulation of architecture, engineering, landscape architecture, and land surveying into one new state agency known as the Texas Board of Professional Services. H.B. 3170 (Coleman) -- Historic Site Tax Exemption: would: (1) require notice to a historic site 30 days before any action by a taxing unit, including a city, on a tax exemption related to the historic site; and (2) void any action taken by a taxing unit if action is taken without the required notice. H.B. 3181 (Johnson) – Expunction: would expand the circumstances under which a person may request expunction of all records of an arrest. H.B. 3182 (Ritter) – Sales Tax: would provide that manufactured homes used as an oilfield portable unit are subject to sales taxes. H.B. 3186 (Paxton) – Property Tax: would provide that a city council may not adopt a tax rate that exceeds the rollback tax rate without first receiving voter approval. H.B. 3187 (Dutton) – Matters Affecting Cities: would provide that: (1) a city shall complete its plan annexation inventory and make it available for public inspection on or before the 90th day after the date the city receives the required information from the service providers; (2) the provisions that allow a referendum on time warrants issued by a city of more than 50,000 population apply if the time warrants exceed $150,000; (3) a city imposing an impact fee shall update the land use assumptions and capital improvements plan at least every three years; (4) in a city that creates a parking authority, a petition protesting the creation must be signed by a number of registered voters equal to at least 15 percent of the number of votes cast at the most recent general municipal election. H.B. 3188 (Larson) – Air Quality: would prohibit a state agency from implementing or adopting rules that would implement a greenhouse gas emissions regulatory program required by federal statute or agency rule. H.B. 3190 (Oliveira) – County Development Authority/Municipal Building Codes: would authorize counties to regulate development and impose building codes in certain circumstances in the unincorporated areas of the county and authorize a city in those counties to regulate development and impose building codes in certain circumstances in the city’s extraterritorial jurisdiction. (Companion bill is S.B. 1392 by Lucio.) Town Council 174 of 231 Meeting Date: April 4, 2011 32 H.B. 3200 (Y. Davis) – Electric Reregulation: would, among other things: (1) grant to the Texas Public Utility Commission (Commission) all necessary jurisdiction to take any action necessary to effectuate the reregulation of retail electric service in an area in which customer choice was introduced before January 1, 2012; (2) require the Commission to develop by rule an integrated resource planning process to provide reliable energy service at the lowest reasonable system cost; and (3) provide that the Commission may review the state’s transmission system and make recommendations to electric utilities on the need to build new power lines, upgrade power lines, and make other necessary improvements and additions. H.B. 3201 (Y. Davis) – Property Tax: would require the Sunset Commission to evaluate each property tax exemption provided by state statute at least once every six years and make recommendations for retaining, repealing, or amending each exemption. H.B. 3209 (Harless) – Computer Recycling: would create a penalty for the owner or operator of a municipal solid waste landfill or incinerator who intentionally or knowingly accepts for disposal or incineration used computer equipment that is eligible for collection under a manufacturer’s recovery plan. H.B. 3213 (Burnam) – Electric Aggregation: would provide that an electric aggregator may not charge a residential customer a fee for consuming less than a minimum electricity consumption amount set by the aggregator. H.B. 3215 (Button) – Economic Development: would prohibit a type A or type B economic development corporation from using revenue for the purpose of recruiting or relocating to the corporation’s authorizing city a business located in a city in the same or an adjacent county as the authorizing city. H.B. 3216 (Otto) – Property Tax: would allow any notice, rendition, application form, or completed application to be delivered in electronic format between a chief appraiser, an appraisal district, or an appraisal review board and a property owner or person designated by a property owner. H.B. 3218 (Philips) – State Infrastructure Bank: would make various changes to the administration, financing, and use of the State Infrastructure Bank, which provides loans to public entities, including cities, to construct, maintain, or finance certain transportation projects. Of particular interest to cities, the bill would provide that a public entity receiving financial assistance waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of the terms of the financial assistance agreement. (Companion bill is S.B. 1395 by Williams.) H.B. 3219 (Thompson) – Criminal Information: would require a law enforcement agency that collects, maintains, or discloses intelligence data to: (1) follow extensive procedures when collecting, maintaining, or disseminating information about individuals and criminal activity; (2) send an annual report about this information and its use to the criminal justice committees of the house and the senate; and (3) be subject to attorney general oversight. Town Council 175 of 231 Meeting Date: April 4, 2011 33 H.B. 3223 (Hernandez Luna) – Elections: would provide that: (1) if an election judge cannot practically direct any voters waiting to enter the polling place at closing time to vote while closing the poll to others, the election judge shall compile a list of the names of each voter in line at the time of closing and only permit entry to a person on the list; and (2) the presiding election judge at a polling place must make an announcement at 6:45 p.m. to voters waiting to enter the polling place that the time for closing the polls is in 15 minutes. H.B. 3224 (Hernandez Luna) – Elections: would provide that an applicant’s voter registration is effective on election day if: (1) the applicant’s registration application is approved; (2) the applicant submitted the application not later than the 14th day before the first day of early voting by personal appearance for that election; and (3) the applicant will be 18 years or older on election day. H.B. 3227 (Hernandez Luna) – Felony Forfeiture: would permit a law enforcement agency to set aside up to ten percent of felony forfeiture funds for scholarships for the children of local officers killed in the line of duty. (Companion bill is S.B. 168 by West.) H.B. 3228 (Hernandez Luna) – DNA Records: would require a law enforcement agency that submits a person’s DNA sample to the DNA laboratory of the U.S. Department of Justice or to a public or private crime laboratory in the state to: (1) inform the laboratory as to whether the person remains a suspect in a criminal investigation within two years of when the specimen is submitted; and (2) seek the expunction of any DNA records of a person who is no longer considered a suspect, if the suspicion of the person was the sole reason for the inclusion of those records in a database. H.B. 3229 (Hernandez Luna) – Employee Leave: would require an employer, including a city, to: (1) allow an employee paid leave to attend court proceedings related to the crime of which the employee was a victim; (2) not deduct such paid leave from the employee’s vacation time, compensatory time off, or personal leave, unless required by a collective bargaining agreement; and (3) not discriminate, suspend, or terminate an employee based on use of such paid leave. (Companion is S.B. 64 by Zaffirini). H.B. 3240 (Y. Davis) – E-verify: would: (1) require an employer, including a city: (a) to enroll in E-verify; (b) receive E-verify training; and (c) post a notice regarding enrollment in E-verify; (2) provide a complaint process for violations of E-verify requirements; (3) provide a civil penalty and civil cause of action for violation of E-verify requirements; and (4) make it an unlawful employment practice if an employer, including a city, that is participating in E-verify makes an employment decision without following E-verify procedures. H.B. 3242 (Woolley) – Seized Weapons: would: (1) require that a law enforcement agency that seizes a weapon in connection with an offense under Chapter 46 of the Penal Code, which establishes various weapons offenses, or that seizes a weapon while apprehending a person believed to be mentally ill, shall hold the weapon and provide for disposition of the weapon in accordance with Article 18.19 of the Code of Criminal Procedure, unless the weapon is a prohibited weapon; (2) require prohibited weapons, as listed in Section 46.05 of the Penal Code, to be disposed of pursuant to Article 18.18 of the Code of Criminal Procedure; (3) require that a Town Council 176 of 231 Meeting Date: April 4, 2011 34 law enforcement officer provide written notice to a magistrate of weapons seized while apprehending a person believed to be mentally ill, regardless of whether the seizure was pursuant to a search warrant; (4) require a magistrate to make a determination about whether the return of a weapon seized from a person believed to be mentally ill will pose a substantial risk of harm; (5) provide that weapons seized and not requested to be returned and weapons that a magistrate determines will pose a substantial risk of harm under (4), above, shall be destroyed or forfeited; (6) establishes when a weapon may be returned to certain persons placed on deferred adjudication for an offense involving the use of the weapon or convicted of certain weapons offenses. H.B. 3243 (Elkins) – Law Enforcement: would: (1) create a duty for a merchant to reasonably cooperate with a police department in the investigation of a fraudulent or unauthorized transaction on a debit, credit, or stored value card; (2) define “reasonably cooperate,” and (3) authorize a financial institution to bring an action against a merchant that willfully refuses to reasonably cooperate with a police department in an investigation of a fraudulent or unauthorized charge. H.B. 3246 (Elkins) – Public Improvement Districts: among other things, would: (1) allow a public improvement district to include two or more noncontiguous areas separated by: (a) right- of-way or other land dedicated to or owned, leased, or used by a political subdivision or other governmental entity, tax-exempt entity, public or private utility, or railroad; or (b) not more than 1,000 feet, as measured in a straight line, between the nearest points on the property lines of the closest situated noncontiguous areas; (2) add to the list of proper public improvement projects: (a) the right to receive or provide utility service; (b) recreation facilities; (c) facilities and equipment for firefighters, police, sheriffs, and emergency service providers; and (d) acquisition, construction, maintenance, or improvement of buildings and other facilities commonly used for teaching, research, or the preservation of knowledge by an institution of higher education or for auxiliary purposes of the institution, including administration, student services and housing, athletics, performing arts, and alumni support; and (3) authorize a city council to issue certificates of obligation and revenue bonds, in addition to general obligation bonds that are allowed under current law, to pay costs or refund any bonds or obligations relating to installment sales contracts, reimbursement agreements, temporary notes, and time warrants. H.B. 3248 (Elkins) – Electric Market: would provide that an entity – including municipally owned utility – that offers to sell electricity in a wholesale energy market at a price of more than $499 per megawatt hour shall disclose the offer to ERCOT at the time the entity makes the offer; and (2) not more than 48 hours later, ERCOT shall post on its publicly-available Internet Web site the identity of the entity that made the offer, the price at which the offer was made, and the market location and period for which the offer was made. H.B. 3252 (Chisum) – Immigration: would: (1) prohibit an employer, including a city, from employing an undocumented immigrant; (2) create a complaint process, including hearings and penalties, for employers that employ undocumented immigrants; and (3) provide immunity from this type of violation if a city either: (a) received and documented information required by federal law from the employee within four days of employment; or (b) used E-verify to verify immigrant status. Town Council 177 of 231 Meeting Date: April 4, 2011 35 H.B. 3253 (Martinez Fischer) – Property Tax: would require the chief appraiser to determine that the market value of temporary production aircraft located in the state is ten percent of the published “list price” for property tax purposes. H.B. 3260 (Strama) – Energy Loans: would provide that a public utility, including a municipally owned utility, may enter into a loan agreement with a customer to finance the purchase and installation of an energy improvement for a commercial or residential building to which the public utility provides service; and (2) provide certain limitations on the amount and term of such a loan. H.B. 3269 (Callegari) – Traffic-Control Signalization: would: (1) require grants awarded under the Texas Commission on Environmental Quality’s new technology research and development program (Health and Safety Code Chapter 387) be directed toward a balanced mix of technologies including traffic-control signalization technologies and programs; and (2) require the Department of Public Safety to conduct a study regarding the improvement of traffic-control signalization that takes into account, among other things, the funding sources available to cities wishing to implement new traffic control programs. H.B. 3271 (Veasey) – Elections: would prohibit an election officer from removing electronic voting system equipment or any component of the equipment from the polling place until the close of voting. H.B. 3273 (Ritter) – State Water Implementation Fund: would create a state water implementation fund to be administered by the Texas Water Development Board (TWDB) to pay the principal of and interest on, or to make payments under a bond enhancement agreement entered into by the TWDB with respect to the principal of or interest on, bonds issued for certain projects included in the state water plan. (Note: please see H.J.R. 138, below.) H.B. 3275 (Coleman) – Special Districts: would: 1. with regard to a municipal management district (MMD): (1) allow an MMD to be included in a tax increment reinvestment zone, a tax abatement reinvestment zone, an enterprise zone, or an industrial district; and (2) provide that a governmental act or proceeding of an MMD is presumed valid after the third anniversary of the effective date if no litigation is pending in regard to the act or proceeding; 2. with regard to a public improvement district (PID), allow PIDs in certain counties to annex or exclude land and require consent by a city if certain powers have been delegated to the PID; 3. with regard to county assistance districts: (1) provide that the order calling the election to create a county assistance district may not authorize a tax rate that would exceed the maximum combined rate of sale and use taxes imposed by political subdivisions prescribed by the Tax Code; (2) allow an area to be included in a county assistance district upon petition by the owners of the land in the area; (3) authorize county assistance districts to enter into agreements with cities including agreements regarding the duration, rate, and allocation of sales and use taxes; (4) authorize a county assistance Town Council 178 of 231 Meeting Date: April 4, 2011 36 district to define specific areas to pay for improvements, facilities or services and impose different rates of sales and use tax in those areas; and (5) allow a county assistance district to increase the rate of sales and use by order if the increased rate does not exceed the rate approved at an election; 4. with regard to municipal utilities: (1) authorize a city to enter into a contract with a water district or nonprofit corporation under which the district or corporation will acquire for the benefit of and convey to the city one or more projects including a water supply or treatment system, a water distribution system, a sanitary sewage collection nor treatment system, works or improvements necessary for drainage of land, recreation facilities, roads and improvements in aid of roads, or facilities to provide firefighting services; and (2) allow a city to make payments under a contract described in (1), above, with revenues from city sales and use tax; 5. with regard to reinvestment zones: (1) prohibit a city from designating a reinvestment zone if: (a) more than 30 percent of the property is used for residential purposes; or (b) the total appraised value of real property in the zone and existing zones exceeds 25 percent of the total appraised value of real property in the city and in industrial districts created by the city, if the city has a population of 100,000 or more, or 50 percent of the total appraised value of taxable real property in the city and industrial districts created by the city, if the city has a population of less than 100,000; (2) prohibit a city from changing the boundaries of an existing reinvestment zone to include property in excess of the restriction on composition of a zone described in (1), above; (3) make changes regarding the composition of the board of directors of a reinvestment zone; (4) provide that a taxing unit’s payments into a tax increment fund may specify projects to which the taxing unit’s tax increment will be dedicated and that the taxing unit’s participation may be computed with respect to a base year later than the original base year of the zone; (5) change the amount certain school districts must pay into a tax increment fund dependent upon receipt of state aid to the district; (6) provide that a governmental act or proceeding of a city, the board of directors of a reinvestment zone, or an entity acting to operate or administer a reinvestment zone or implement a project plan or reinvestment zone financial plan under Chapter 311 of the Tax Code is presumed valid on the second anniversary of the effective date of the act or proceeding if there is no pending litigation regarding the act or proceeding; and 6. with regard to special districts operating under Chapter 49 of the Water Code, provide that a peace officer contracted by the district through a city is an independent contractor and the district is responsible for the actions or omissions of the peace officer only to the extent provide by law for other independent contractors. H.B. 3283 (Guillen) – Development Corporations: would expand the term “project,” in relation to certain development corporations, to include the land, buildings, equipment, facilities, improvements, and expenditures required for the development, operation, or expansion of community libraries. H.B. 3291 (Harper-Brown) – Health Benefits: would make it a deceptive trade practice for a health benefit provider, including a government sponsored plan provider, to knowingly make a false, misleading, or intimidating statement to an insured that would induce the consumer to obtain prescription drugs from a specific pharmacy. Town Council 179 of 231 Meeting Date: April 4, 2011 37 H.B. 3300 (Cain) – Unfunded Mandates: would: (1) establish the membership of an unfunded mandates interagency work group; (2) provide that a political subdivision must comply with a mandate only if the legislature has provided reimbursement; (3) require a state agency that proposes to adopt or amend a rule that directly affects a political subdivision to solicit comments and advice regarding the probable cost of the rule from advisory panels with expertise of the affected subdivision and statewide organizations representing a substantial number of members of each effected class of political subdivision; and (4) require the Legislative Budget Board to establish procedures to examine each bill or constitutional amendment to identify and estimate the impact of any unfunded mandates. H.B. 3301 (Price) – Elections: would repeal the requirement that the general custodian of election records conduct a manual count of all the races in at least one-percent of the election precincts or in three precincts, whichever is greater, in which an electronic voting system was used in order to ensure the accuracy of the tabulation of electronic voting system results. H.B. 3306 (Marquez) – Expunction: would expand the situations in which a person convicted of an offense may have all records and files expunged that relate to the arrest leading to that conviction. H.B. 3315 (Schwertner) – Property Tax: would provide that: (1) in order to qualify for a property tax freeze for the elderly or disabled adopted by a city, and individual’s residence homestead must both qualify: (a) for either the mandatory exemption of an additional $10,000 by the school district or an optional exemption of at least an additional $3,000 by any other taxing unit; and (b) for either the mandatory $3,000 exemption by the county for all homeowners or the optional exemption of up to 20 percent of value by any other taxing unit for all homeowners; and (2) if an individual who qualifies for either a mandatory exemption of an additional $10,000 by the school district or an optional exemption of at least an additional $3,000 by any other taxing unit dies in the first year in which the individual qualified for the exemption, the surviving spouse of the individual is entitled to a property tax freeze if one has been adopted by a city. (Note: please see H.J.R. 139, below) H.B. 3320 (Hunter) – Vehicle Towing: would repeal Article 18.23 of the Code of Criminal Procedure, which provides that a law enforcement agency must, in some circumstances, pay the cost of towing and storing a motor vehicle when the agency directs the towing and storage for evidentiary or examination purposes. H.B. 3324 (McClendon) – Criminal Information: would require a law enforcement agency that collects, maintains, or discloses intelligence data to: (1) follow extensive procedures when collecting, maintaining, or disseminating information about individuals and criminal activity; (2) send an annual report about this information and its use to the criminal justice committees of the house and the senate; and (3) be subject to attorney general oversight. H.B. 3332 (Pena) – Elections: would allow a poll watcher to serve at the polling place during the hours the watcher chooses. Town Council 180 of 231 Meeting Date: April 4, 2011 38 H.B. 3334 (Pena) – Vehicle Towing: would provide, in relation to an incident management tow when the operator of the vehicle is present, that the tow truck operator: (1) present a schedule of fees to the owner or operator of the vehicle; (2) obtain the name, phone, and address of the owner or operator of the vehicle; (3) give the owner or operator of the vehicle an information statement including the name and address of the tow company, the permit number of the tow truck certificate, the license plate number of the tow truck, the person authorizing the tow, the total charged for the tow, and the daily rate for vehicle storage and recovery fees associated with the tow; (4) keep the statement describe in (3), above, for one year after the tow and make it available to law enforcement upon request; and (5) submit a monthly report to the Texas Department of Licensing and Regulation regarding each commercial carrier vehicle towed. (Companion bill is S.B. 1321 by Hinojosa.) H.B. 3337 (V. Gonzales) – Emergency Medical Services: would provide that an emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical services for injuries caused by an accident that is attributed to the negligence of another person. H.B. 3338 (Smithee) – Texas Municipal Retirement System: would: (1) allow a participating Texas Municipal Retirement System (TMRS) city to adopt a non-retroactive flat rate Cost of Living Adjustment (COLA); (2) to comply with federal law applicable to qualified plans, provide that any increased payment to an annuitant resulting from such a COLA adopted by a city would be limited to the cumulative increase the annuitant would have been entitled to receive if the 70 percent of CPI limit under TMRS’s existing law had been applied to the annuity; and (3) require that, if a city adopts an ordinance to either discontinue an annually repeating COLA or to reduce an annually repeating COLA, the city must give written notice to members and annuitants at least 60 days prior to the effective date of the change adopted in the ordinance. (Companion bill is S.B. 642 by Seliger.) H.B. 3367 (White) – Sales Tax: would repeal all laws relating to the imposition of property taxes and expand the applicability of state and local sales and use taxes to replace property tax revenue. H.B. 3372 (T. King) – Harvested Rainwater: would authorize the use of harvested rainwater for drinking water and other potable uses in a structure connected to a public water supply system. H.B. 3383 (Madden) – DNA Evidence: would: (1) authorize a police department to send DNA evidence from certain property crimes to a private, accredited DNA laboratory for analysis; (2) require the police department to pay all costs of the analysis if it is sent to a private lab under that provision; (3) require a public DNA laboratory to do quality assurance reviews of the private DNA laboratories in the area, to be paid for in forensic analysis services by the private DNA laboratory, if the public laboratory lacks the resources. H.B. 3385 (Madden) – Juveniles: would require school districts and other agencies and courts that deal with juveniles and juvenile offenders to share more records with other agencies and courts that deal with juveniles and juvenile offenders. (Companion bill is S.B. 1106 by Harris.) Town Council 181 of 231 Meeting Date: April 4, 2011 39 H.B. 3387 (Rodriguez) – Farmers’ Markets: would: (1) regulate various aspects of the preparation, storage, distribution and sale of food at farmers’ markets; (2) prohibit a local enforcement agency from mandating a specific method for complying with temperature control requirements for food prepared on-site or transported to the farmers’ market; and (3) prohibit a local enforcement agency from adopting a rule requiring the farmers’ market to pay a permit fee for conducting a cooking demonstration or providing samples of food for educational purposes. H.B. 3388 (Fletcher) – Fireworks: would provide that the transport of fireworks in unopened and original packaging may not be prohibited or regulated. H.B. 3391 (D. Miller) – Harvested Rainwater: would: (1) encourage a city to promote rainwater harvesting through incentives such as the provision at a discount of rain barrels or rebates for water storage facilities; (2) require any city that has adopted impervious cover or density restrictions to consider the use of harvested rainwater as an on-site water supply source in determining whether to grant the development a credit against or exemption from the restrictions; (3) require each member of the permitting staff of a city located wholly or partly in an area designated as a priority groundwater management area or any city with a population of more than 100,000 to receive mandatory training on rainwater harvesting at least once every five years; and (4) prohibit a city from denying a building permit solely because the facility will implement rainwater harvesting. H.B. 3394 (Oliveira) – County Development Authority: would make various changes to the statute that allows certain counties to enforce building codes in certain circumstances, including provisions that would provide that: (1) if a city located within a county to which the bill applies has adopted a building code in the city’s extraterritorial jurisdiction, the building code adopted by the city controls and county building codes have no effect in the city’s extraterritorial jurisdiction, provided that the city actively and diligently enforces its adopted building code within its extraterritorial jurisdiction; and (2) a utility may not serve or connect a residential dwelling or unit of a residential dwelling with water, sewer, electricity, or gas service unless the entity receives a determination from the commissioners court that the residential dwelling or unit is in compliance with the county’s regulations. (Companion bill is S.B. 1362 by Lucio.) (Note: please see S.J.R. 40, below.) H.B. 3396 (Hernandez Luna) -- Security Breach: would increase the penalty for the offense of breach of computer security if the breach involves a government-owned computer facility or a critical infrastructure facility. (Companion bill is S.B. 808 by Seliger). H.B. 3402 (Coleman) -- Mandatory Health Benefit: would: (1) create a health insurance exchange; (2) require certain health benefits carriers to pay the same rate or have the same cost- sharing arrangements for non-network providers of emergency care as network providers; (3) prohibit some health benefits carriers from requiring preauthorization for emergency services; (4) require certain health care plans to allow an individual to use any primary care physician they choose; (5) limit the reasons why an insurer can rescind health insurance; (6) prohibit a health benefit provider, including a risk pool, from denying or limiting coverage for a preexisting condition with respect to an individual who is 19 years of age or younger; (7) require a health Town Council 182 of 231 Meeting Date: April 4, 2011 40 benefit provider, including a risk pool: (a) to approve enrollment for a minor child of an enrollee; (b) to offer child only plans or lose the ability to offer any plans; (c) to require a deductible or other cost sharing provision applicable to a preventative item or service, an immunization, or screenings; or (d) impose a lifetime maximum benefit or coverage amount. (Companion bill is S.B. 1782 by Ellis). H.B. 3405 (Chisum) – Scrap Tires: would, before a land reclamation project using scrap tires may begin, require: (1) a permit for the project from the Texas Commission on Environmental Quality (TCEQ); (2) notice to the governing body of a city if the project is located in its corporate limits or ETJ; and (3) comments or suggestions from the city’s governing body to the TCEQ regarding the project. (Companion bill is S.B. 1471 by Hinojosa.) H.B. 3407 (L. Taylor) – Gas Rates: would provide that: (1) in establishing a gas utility’s rates, the regulatory authority (e.g., a city or the Public Utility Commission) may not allow the utility to recover through its rates the attorney’s fees or other expenses incurred by any party in a rate proceeding or in an appeal of a rate proceeding; and (2) a court may not award to a party the right to recover through a gas utility’s rates the attorney’s fees or other expenses incurred by any party in a rate proceeding conducted or in an appeal of a rate proceeding. H.B. 3411 (L. Gonzales) – Sales Tax: would expand the definition of “tangible personal property” to include a computer program and a telephone prepaid calling card for sales tax purposes. (Companion bill is S.B. 1519 by Uresti.) H.B. 3422 (Lozano) – Law Enforcement: would allow a city law enforcement agency to use unclaimed proceeds from the sale of certain motor vehicles to compensate property owners whose property is damaged as a result of a pursuit involving the law enforcement agency, regardless of the agency’s liability. H.B. 3434 (Raymond) – Municipal Court Education: would: (1) prohibit the court of criminal appeals from adopting rules that require judges to complete continuing judicial training more frequently than every two years; (2) create requirements for the timing and contents of judicial training; and (3) prohibit the court of criminal appeals from approving an organization to sponsor continuing judicial training for judges in the state unless the organization provides training to municipal, county court, statutory county court, and district judges. H.B. 3442 (J. Jackson) – Juveniles: would authorize a municipal court exercising jurisdiction over a juvenile in a truancy case to access confidential information from the Department of Public Safety’s juvenile justice information system. (Companion bill is S.B. 1241 by West.) H.B. 3448 (Aliseda) – Elections: would require an application form for an early voting mail ballot to include: (1) a statement informing the applicant of the eligibility requirements for early voting by mail; and (2) a statement informing the applicant of the offense and penalty associated with providing false information on an application. H.B. 3449 (Christian) – Oil and Gas Waste: would require any person who applies for a permit to use land application to treat and dispose of certain oil and gas wastes to provide written Town Council 183 of 231 Meeting Date: April 4, 2011 41 notice to, among others, the mayor of each city in the area in which the ground application will occur. H.B. 3450 (Farrar) – Animal Shelters: would: (1) provide that it is the intent of the state to curtail the killing of savable animals; (2) define “public sheltering agency” (agency) as any animal shelter or animal adoption group that receives city funding and/or has a contract with a city under which it accepts stray or owner-relinquished animals; (3) prohibit, with some exceptions, an agency from selling, adopting, or giving away an animal that has not been spayed or neutered; (4) provide that a person is subject to civil penalties for falsifying certain spaying or neutering records and issuing a check for insufficient funds for a spaying or neutering deposit and that all penalties collected must be retained by the agency bringing the action; (5) exempt a “feral cat caregiver” from any provision of law that prescribes their feeding or harboring the cats or limits the number of cats the person can own; (6) prohibit, with some exceptions, an agency from providing traps to the public to capture cats; (7) subject a person to civil penalties for using a trap from an agency in an unauthorized manner and provide that all penalties collected must be retained by the agency bringing the action; (8) require, with some exceptions, a minimum 5-day holding period for stray animals impounded by an agency; (9) provide special provisions for owner-relinquished animals; (10) mandate that agencies that kill animals keep a registry of organizations that will accept animals for the purpose of adoption; (11) prohibit an agency from killing an animal unless reasonable attempts are made to notify organizations on the registry in (10), above; (12) mandate that an agency take action to check an animal for identification, maintain continuously updated lists of animals reported lost, and post all stray animals on the Internet; (13) require an agency to take and record certain actions to notify an owner of a lost animal; (14) prohibit an agency from limiting adoption of an animal based on criteria such as breed, age, or color; (15) require an agency to provide certain public services; (16) prohibit the procurement or use of a living animal from an agency for medical or biological teaching, research, or study; (17) forbid hospitals, education or commercial institutions, labs, or animal dealers from purchasing or accepting animals from an agency, peace officer, or animal control officer; (18) prohibit an agency, peace officer, or animal control officer from selling, adopting, transferring, or giving away a living animal to those listed in (17), above; (19) establish preconditions for euthanasia and euthanasia procedures; (18) establish certain reporting requirements for an agency; and (20) authorize any appropriate remedy at law to compel compliance with the bill’s provisions. H.B. 3452 (Anchia) – Public Improvement Districts: would: (1) authorize a city council to undertake an improvement project that confers a special benefit on properties that have a common land use or other common characteristic; (2) expand the list of permissible public improvements to include the costs of operating and maintaining mass transportation facilities financed with public improvement district assessments; (3) for any project to be financed through a deferred payment, require a governing body to prepare an estimate of the appraised value of the properties in the district and the cost of the improvement before the improvement is constructed and before a hearing is held; and (4) provide that interest shall accrue on an assessment or deferred assessment. H.B. 3474 (Gallego) – Alcohol Offenses: would: (1) expand the offense of “public intoxication” to include the consumption, possession or purchase of an alcoholic beverage in a Town Council 184 of 231 Meeting Date: April 4, 2011 42 public place by any person younger than twenty-one; (2) expand the definition of “public place” to include any premises that is accessible by two or more unrelated persons under twenty-one years old and on which any one of those persons possesses alcohol; (3) create an exception to prosecution in certain cases for the offense of public intoxication if the person is under twenty- one and requested emergency medical assistance in response to the possible overdose of the minor or another person; and (4) require a judge to, in certain situations, require the defendant to perform community service and attend alcohol awareness classes. H.B. 3475 (Gallego) – Municipal Judges: would: (1) create a process for a motion for recusal or disqualification of a municipal judge in a specific case; (2) require that, before further proceedings in a case where such a motion has been filed, the judge recuse or disqualify himself or herself or forward the motion to be heard by either the presiding municipal judge in the city or the county judge; (3) if the judge recuses or disqualifies himself or herself, require the judge to enter an order of recusal or disqualification and request that the case be heard by either the presiding judge of the city or another city’s municipal judge as assigned by the county judge; (4) authorize a judge hearing a motion to recuse who finds that the motion was made solely for the purpose of delay to find the movant in contempt; and (5) require the city secretary of a city with a municipal court to notify the Texas Judicial Council of the name of each person who is elected or appointed as mayor, municipal court judge, or clerk of a municipal court, within thirty days of the person’s election, appointment, or vacancy from office. H.B. 3479 (Christian) – Sales Tax: would provide that: (1) the sales tax rate is one percent of the sales price of tangible personal property purchased by a qualifying data center that is necessary to manage or operate the data center; and (2) local sales taxes are inapplicable to tangible personal property purchased by a qualifying data center that is necessary to manage or operate the data center. H.B. 3480 (Christian) – TCEQ Enforcement: would prohibit the Texas Commission on Environmental Quality (TCEQ) from imposing a standard or requirement to regulate an activity under the TCEQ’s jurisdiction that is more stringent than the minimum acceptable standard or requirement under the applicable federal law or a regulation adopted by the U.S. Environmental Protection Agency to regulate the same activity. H.B. 3483 (Christian) – Sale of Residential Real Property: would require a person who sells an interest in residential real property to give the purchaser written notice specifying the nature of any contamination on or under the property, including the contaminant, the source (if known), and the location and extent of the contaminant, but would exclude certain property transfers from the notice requirement, including property transferred to or from a governmental entity. H.B. 3485 (V. Taylor) – Search and Rescue Animals: would allow the use of human remains in the training of search and rescue animals by persons certified by a state or local law enforcement agency to train such animals. H.B. 3486 (V. Taylor) – Search and Rescue Animals: would prohibit a city from adopting or enforcing an ordinance, including a leash law, that restricts the ability of a volunteer search and rescue team to train a service dog for search and rescue or law enforcement purposes. Town Council 185 of 231 Meeting Date: April 4, 2011 43 H.B. 3487 (V. Taylor) – Law Enforcement Canine: would prohibit a commercial lodging establishment or restaurant from requiring the payment of extra money or a deposit for a service canine that accompanies an individual to the establishment or restaurant if the individual is a peace officer or firefighter assigned to a canine unit, a search and rescue canine handler participating in a search and rescue under authority of a law enforcement agency, or away from home in the course and scope of duty because of a declared disaster or mutual aid request or training. H.B. 3488 (Menendez) – Property Tax: would require an applicant for a property tax exemption for the residence homestead of an elderly or disabled person who is not specifically listed on a deed or other recorded instrument to provide an affidavit or other compelling evidence establishing the applicant’s ownership of an interest in the homestead. H.B. 3492 (Coleman) – County Development Authority: would provide that the commissioners court of a county may adopt: (1) regulations to establish and ensure compliance with requirements for a buffer zone between an industrial use and a residential or civic use; (2) a comprehensive plan for the unincorporated area of the county; and (3) a roadway cost recovery fee. The bill would also impose detailed procedures on a county that takes advantage of the authority. H.B. 3495 (Coleman) -- Workers Compensation: would extend workers compensation benefits to the spouse of a deceased peace officer killed in the line of duty if the spouse: (1) remarries; and (2) the remarriage ends in death or divorce. H.B. 3497 (Darby) – Elections: would: (1) before the tenth day after the local canvass is conducted, require the general custodian of election records to notify the presiding officer of the local canvassing authority of any discovery of legal ballots that were not counted and included in the local canvass; (2) require a presiding officer who is notified of uncounted ballots to apply to a district court of the county in which the canvassing authority is located for disposition of the ballots; and (3) require the district court to hold a hearing on the application and take any necessary action to include legal ballots that were not counted in the results of the election. (Companion bill is S.B. 1675 by Duncan.) H.B. 3502 (Raymond) – Precious Metals Dealers: would, among other things, provide that the governing body of a city may license, tax, suppress, prevent, or otherwise regulate cash-for-gold establishments. H.B. 3510 (Hamilton) – Vehicle Towing: would: (1) require the Texas Commission of Licensing and Regulation to adopt requirements for a consent tow, private property tow, and incident management tow; (2) impose certain requirements regarding the renewal of a license under Occupations Code Chapter 2308 relating to towing and booting; (3) require a towing company to file a fee schedule with the Department of Licensing and Regulation at various times; (4) provide that a boot operator may boot a vehicle in certain circumstances only if the parking facility owner requests the boot or has a standing written agreement with the boot Town Council 186 of 231 Meeting Date: April 4, 2011 44 operator; and (5) require certain signage before the towing or booting of vehicles under certain circumstances. (Companion bill is S.B. 1371 by Carona.) H.B. 3518 (Rodriguez) – Local Option Transportation Funding: would enact the Texas Local Option Transportation Act. Specifically, the bill would – among many other things: (1) authorize new transportation funding methods, including a county tax on the sale of motor vehicle fuel at a rate not to exceed ten cents per gallon and a local-option mobility improvement fee in an amount not to exceed $60; (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 projects located in the county; and (3) 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. H.B. 3520 (Hughes) – Advance Directives: would amend various provisions of the Advance Directives Act (Chapter 166, Health and Safety Code) and related statutes to ensure that when an attending physician is unwilling to administer certain treatments, life-sustaining medical treatment will be provided until the patient can be transferred to a health care provider willing to provide the treatment requested. H.B. 3522 (Bonnen) – EMS: would make aggravated assault on emergency services personnel while the person is providing emergency services a felony of the first degree. H.B. 3523 (Bonnen) – Municipal Code Enforcement: would: (1) specifically override the section of the Texas Local Government Code allowing a city to set a fine of up to $2,000 for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation; and (2) require that any Class C misdemeanor that is punishable by fine be punished only by a fine between $25 and $500. H.B. 3526 (Y. Davis) – Warrants: would require, for warrants issued for the arrest of a person alleged to have violated certain protective orders for victims of family violence, that the arresting officer attach to the warrant a written statement identifying the victim of the alleged offense, if that information is available to the officer. H.B. 3527 (Y. Davis) – Traffic Fines: would allow a city of less than 5,000 to retain more money from fines and expenses collected for certain traffic violations if the money is used for fire, rescue, and emergency medical services. H.B. 3530 (Ritter) – Texas Water Development Board: this is the Texas Water Development Board (TWDB) sunset bill. The bill would, among other provisions: (1) require the TWDB to develop and implement a policy to encourage the use of negotiated rulemaking and alternative dispute resolution procedures; (2) make changes to the manner in which defaults on TWDB financial assistance is handled by the board; (3) require the TWDB to create a uniform water use calculation system for municipal water use and require that the system be used in water conservation plans and certain other reports required by statute; (4) require the executive administrator of the TWDB to designate the director of the Texas Natural Resources Information System to serve as the state geographic information officer and, among other duties, support the Town Council 187 of 231 Meeting Date: April 4, 2011 45 geographic data needs of emergency management responders during emergencies; (5) require the TWDB to establish advisory committees, including local governmental representative members, to assist the board with state geographic data issues; (6) require regional water plans to be consistent with the desired future conditions adopted for the relevant aquifers located in the regional water planning area; (7) require notice of any meeting or hearing at which the board will consider or take public comments on the desired future condition for an aquifer to be posted in several places at least ten days before the hearing; (8) create several new issues that must be considered in the determination of an aquifer’s desired future condition; and (9) create a public comment period and public hearing requirement before any vote on the proposed desired future conditions for an aquifer, and require that an explanatory report be distributed after the adoption of the desired future conditions. (Companion bill is S.B. 660 by Hinojosa.) H.B. 3534 (Kleinschmidt) – Permit Vesting: would provide that a political subdivision, including a city, is liable for damages related to a violation of Chapter 245 of the Local Government Code (the “permit vesting” statute). H.B. 3535 (Kleinschmidt) – Permit Vesting: would provide that: (1) a political subdivision, including a city, that violates Chapter 245 of the Local Government Code (the “permit vesting” statute) is liable to the state for a civil penalty in an amount of $2,000 per day of violation; and (2) the attorney general may recover a penalty in a suit brought on behalf of the state, with money collected being paid to the comptroller for deposit in the general revenue fund. H.B. 3540 (Phillips) – Property Tax: would, among other things: (1) require each appraisal district, assessor, and collector to use software certified by the comptroller in connection with the appraisal of property for tax purposes; (2) provide that an appraisal district is governed by a board of seven directors, two of whom are elected at the general election for state and county officers by the voters of the county for which the district is established, and five of whom are appointed by the taxing units that participate in the district; (3) provide for the election of the chief appraiser at the general election for state and county officers by the voters of the county for which the appraisal district is established; (4) require the county judge of each county for which an appraisal district was established shall appoint an attorney as protest hearing officer to mediate protest hearings conducted by the appraisal review board. H.B. 3543 (Farrar) – Environmental Enforcement: would require that criminal convictions relating to compliance with rules and statutes under the jurisdiction of the Texas Commission on Environmental Quality (TCEQ) from a local government to which the TCEQ refers complaints for investigation be considered when the TCEQ is examining compliance history. H.B. 3547 (Alvarado) – Day Care: would provide that: (1) a city or a county may enforce state law and rules adopted under state law concerning fire safety standards at a licensed group day- care home or a registered family home; and (2) a city or county shall report to the Department of Family and Protective Services any violation of fire safety standards observed by the city or county at a licensed group day-care home or registered family home. (Companion bill is S.B. 1745 by Gallegos.) Town Council 188 of 231 Meeting Date: April 4, 2011 46 H.B. 3550 (Fletcher) – Court Fees: would: (1) create a law enforcement fee of between $500 and $2000 to be paid upon conviction of certain commercial motor vehicle offenses; and (2) require that any revenue collected from the law enforcement fee be deposited in the general revenue fund for law enforcement purposes. H.B. 3552 (Garza) – Property Tax: would: (1) provide that a community housing development organization improving property for low-income and moderate-income housing is considered to own property for tax exemption purposes if the organization has legal or equitable title to the property; and (2) provide that an organization constructing or rehabilitating low-income housing is considered to own property for tax exemption purposes if the organization has legal or equitable title to the property. H.B. 3555 (Riddle) – Impact Fees: would provide that an institution of higher education is not required to pay impact fees, unless the governing body of the institution consents to the payment of the fees by entering a contract with the political subdivision that imposes the fees. H.B. 3557 (Lucio) – Mandatory Health Benefit: would require a health benefit plan to provide coverage for autism spectrum disorder until the individual is 17 years of age. (Companion bill is S.B. 441 by Lucio.) H.B. 3575 (Thompson) – Gambling: would provide for the operation of casino gaming by Indian tribes on certain land and authorize a tribe to direct, in the gaming compact with the state, a portion of the state’s revenue be paid to local governments for government services that benefit the general public (including public safety), mitigate the impacts of gaming, or promote commerce and economic development. H.B. 3576 (Thompson) – Gambling: would: (1) provide for the operation of casino gaming by Indian tribes on certain land and by operators at horse and greyhound racetracks and licensed locations; (2) authorize a tribe to direct, in the gaming compact with the state, a portion of the state’s revenue be paid to local governments for government services that benefit the general public (including public safety), mitigate the impacts of gaming, or promote commerce and economic development. H.B. 3582 (Harless) – Elections: would provide that the allocation of election expenses in a joint election involving a school district must provide that the school district is responsible only for the proportion of election expenses that correspond to the total number of registered voters in the school district as compared to the total numbers of registered voters of all political subdivisions participating in the election. (Companion bill is S.B. 477 by Patrick.) H.B. 3583 (Harless) – Coin-Operated Machines: would: (1) provide that information regarding certain coin-operated machines derived from a book, record, report, or application that must be made available to a peace officer is confidential, unless it is specifically designated as a public record; (2) require an owner or operator of a music, or skill, or coin-operated machine who is required to hold a license or registration certificate to prominently display any certificate of occupancy or certificate of compliance issued by a city for the premises; (3) make failure to comply with (2), above, a criminal offense; (4) provide that a peace officer may enter the Town Council 189 of 231 Meeting Date: April 4, 2011 47 premises of a license or registration certificate holder during normal business hours and any other time a music or skill or pleasure coin-operated machine is available for use; (5) make a knowing denial or hindrance of entry described in (4), above, a criminal offense; (6) authorize a peace officer to seal a coin-operated machine under certain circumstances; (7) provide that is an offense to: (a) falsify, fail to maintain, or refuse or fail to make available certain records of a coin-operated machine to a peace officer; (b) mislead a peace officer in connection with the enforcement of certain regulations regarding coin-operated machines; (c) break a seal that is attached by a peace officer; and (d) remove a coin-operated machine from the location where a peace officer affixed a seal to a machine. H.B. 3585 (V. Taylor) – Elections: would implement the federal Military and Overseas Voter Empowerment Act by requiring the early voting clerk to make registration and absentee ballots available to overseas military voters in an election held in conjunction with an election involving a federal or statewide office. H.B. 3592 (D. Howard) – Fire Flow: would require the Lower Colorado River Authority to ensure that for any area in which the authority owns or operates the local water supply system, the water pressure for service to fire hydrants in the area is adequate to protect public safety. H.B. 3598 (Huberty) – Arson: would require a criminal registration procedure for a convicted arsonist that is similar to the current sex offender registration program, including required registration with and required tracking and reporting by a local law enforcement agency. (Companion bill is S.B. 1191 by Gallegos.) H.B. 3600 (Garza) – Solid Waste: would subject a private entity that contracts to provide temporary solid waste disposal services to a construction project to the requirements of Health and Safety Code Section 364.034 which would give cities increased authority over such contracts, including the ability to charge certain fees and enforce fee collection. H.B. 3603 (Garza) – Municipal Court Building Security Fund: would authorize the use of funds from a city’s municipal court building security fund for warrant officers and related equipment. (This bill is identical to S.B. 1521 by Uresti.) H.B. 3604 (Smithee) – Construction Contracts: would provide that a construction insurance provision is void and unenforceable to the extent that it requires that: (1) a person, including an indemnitee under an indemnification agreement, be an additional insured; or (2) the insurance policy be endorsed to provide a waiver of subrogation. The bill would also provide that the bill’s limitations may not be waived by contract or otherwise. H.B. 3606 (Kuempel) – Impact Fees: would provide that a political subdivision or other governmental entity that levies or collects an ad valorem tax is not required to pay impact fees, unless the governing body of the political subdivision or other governmental entity consents to the payment of the fees by entering a contract with the political subdivision that imposes the fees. The contract may contain terms the governing body considers advisable to provide for the payment of the fees. Town Council 190 of 231 Meeting Date: April 4, 2011 48 H.B. 3607 (Kuempel) – Construction Manager-At-Risk: would provide that: (1) a construction manager-at-risk contract may not be awarded to: (a) a governmental entity’s engineer, architect, construction manager-agent, or program director; or (b) a sole proprietor, corporation, partnership, limited liability company, or other entity that is a subsidiary, parent corporation, or partner or has any other relationship in which the governmental entity’s engineer, architect, construction manager-agent, or program director has an ownership interest, or is subject to common ownership or control, or is party to an agreement by which it will receive any proceeds of the construction manager-at-risk’s payments from the governmental entity; (2) a contract awarded in violation of the bill is void as contrary to public policy; and (3) the bill does not apply to: (a) a public corporation in which three percent or less of the outstanding stock is owned by a governmental entity’s architect or engineer; or (b) a person who enters into a joint venture for a project or contract unrelated to the current project for which a construction manager-at-risk is being selected. H.B. 3610 (Thompson) – Streamlined Electric Ratemaking: would provide that: (1) the Public Utility Commission or a regulatory authority (e.g., a city), on the petition of an electric utility, may approve a tariff or rate schedule in which a nonfuel rate may be periodically adjusted upward or downward based on changes in the utility’s investment; (2) a periodic rate adjustment must: (a) be approved in compliance with an expedited procedure that provides for appropriate updates of information and allows for participation by the Office of Public Utility Counsel and affected parties; (b) take into account the effect that changes in the number of an electric utility’s customers, energy consumption, and energy demand have on the amount of revenue recovered through the electric utility’s base rates; (c) be consistent with the manner in which costs were allocated to each rate class, as approved by the commission, in an electric utility’s most recent base rate proceeding; (d) not diminish the ability of the commission, on its own motion or on complaint by an affected person, after reasonable notice and hearing, to change the existing rates of an electric utility for a service after finding that the rates are unreasonable or in violation of law; and (e) be applied by an electric utility on a system-wide basis; (3) an electric utility in the ERCOT power region, or an unbundled electric utility outside the ERCOT power region in whose service area retail competition is available, that requests a periodic rate adjustment under the bill shall: (a) with some exceptions, and to the extent possible, combine all nonfuel rates to be adjusted in a 12-month period that are charged by the utility to retail electric providers into a single, annual rate adjustment; and (b) finalize the resulting rates and provide notice to retail electric providers of the resulting rates not later than the 45th day before the date the rates take effect; (4) a periodic rate adjustment approved under the bill may not be used to adjust a nonfuel rate relating to the generation of electricity; and (5) the commission shall adopt rules necessary to implement the bill. (Companion bill is S.B. 1087 by Carona.) H.B. 3614 (Hughes) – Property Tax: would change the amount of interest that a city making a refund of property taxes following a judicial proceeding must pay from eight percent to an annual rate that is equal to the auction average rate quoted on a bank discount basis for three- month treasury bills issued by the federal government. H.B. 3615 (Hughes) – Property Tax: would prohibit the chief appraiser from increasing the appraised value of a property in the three tax years following a year in which a property’s Town Council 191 of 231 Meeting Date: April 4, 2011 49 appraised value was reduced in an appeal, unless an increase by the chief appraiser is supported by clear and convincing evidence. H.B. 3617 (Madden) -- State Commissions on Public Safety: would abolish the Texas Commission on Fire Protection, the Texas Commission on Jail Standards, and the Commission on Law Enforcement Officer Standards and Education and create the Public Safety Licensing Commission. (Companion bill is S.B. 1585 by Ogden). H.B. 3622 (R. Anderson) – Death of a Pet: would make a person liable for intentionally or negligently causing the death of a pet, but except from this liability the official act or omission of a nonprofit or governmental unit. H.B. 3627 (Aliseda) – Elections: would allow an individual to use a mechanical or electronic means of recording images or sound while at a polling station only if the recording does not affect the confidentiality of a voter and the voter’s ballot, as determined by the presiding judge. H.B. 3632 (Hamilton) – Fireworks: would provide that Occupations Code Chapter 2154 governs the regulation of fireworks except that: (1) a city may regulate the sale and use of fireworks within its city limits and its existing ETJ, if the city prohibited fireworks in the ETJ before September 1, 2011; (2) after September 1, 2011, a city may not, after annexing an area, adopt a regulation to prohibit continuing to use the land for the sale and possession of legal fireworks or beginning to use the land for those purposes, if that use was planned before the 90th day before the effective date of annexation. H.B. 3635 (Dutton) -- Sexually Oriented Businesses: would: (1) create a registration and inspection process for sexually oriented businesses; and (2) impose a tax on these businesses. H.B. 3636 (Hamilton) – Culverts and Drainage Systems: would, in relation to culverts and other enclosed flood or drainage systems, require a local government entity: (1) to ensure that the system is protected by a bar, grate, or covering; (2) to post a sign warning of the hazard for a child; and (3) to provide a hinged or similar opening to permit emergency services personnel to access the system. H.B. 3649 (Otto) – Law Enforcement: would: (1) make changes to the way that grants are allocated by the Automobile Burglary and Theft Prevention Authority, including changing from distribution based on geographic rates of auto theft to statewide rates; and (2) authorize the Texas Commission on Jail Standards to set and collect a reasonable fee to cover the cost of performing any re-inspection of a municipal jail operated for a city by a private vendor as required by state law. (Companion bill is S.B. 1583 by Ogden.) H.B. 3657 (Otto) – Jails: would: (1) authorize the Commission on Jail Standards to set and collect a reasonable fee to cover the cost of performing any re-inspection of certain city jails that is required by state law or commission rule or upon request by the city; and (2) repeal provisions in Government Code section 511.0091 that limit the fees that can be collected by the commission for the review of construction documents and occupancy and annual inspections. Town Council 192 of 231 Meeting Date: April 4, 2011 50 H.B. 3658 (Otto) – Municipal Court Staff Education: would: (1) specify that the judicial and court personnel training fund is an account in the general revenue fund which may be appropriated only to the court of criminal appeals for judicial and court staff training; and (2) eliminate the current provision requiring any unexpended balance in excess of $500,000 at the end of each fiscal year to be transferred to the general revenue fund. H.B. 3659 (Otto) – Texas Municipal Retirement System: would require a public retirement system, including the Texas Municipal Retirement System, to annually pay the State Pension Review Board fifty cents for each member account. H.B. 3667 (Pena) -- Immigration: would: (1) prohibit an employer, including a city, from hiring undocumented immigrants; and (2) impose a fine for knowingly employing an undocumented immigrant. H.B. 3668 (Callegari) – Certificates of Convenience and Necessity (CCNs): would: (1) authorize the Texas Commission on Environmental Quality (TCEQ) to grant a CCN to a retail public utility within city limits or a city’s extraterritorial jurisdiction (ETJ) if, after 180 days have passed since a formal request for a CCN for the area was filed, the city is does not enter into a binding agreement to provide service to the area or the city has refused to provide the service applied for as evidenced by a formal vote or formal notification by the city; (2) require the TCEQ to require as a term of the CCN granted within a city’s city limits or ETJ that the authorized water and sewer facilities be designed and constructed in compliance with the city’s standards for such facilities; (3) authorize a landowner to elect to exclude some or all of his property from a city’s CCN expansion beyond its ETJ, but exempt the utility from any requirement to provide water or sewer service to that excluded area in the future, including the violation of law or commission rules by the water or sewer system of another person; (4) allow a landowner to apply for expedited release from a CCN, even if the CCN holder is a borrower under a federal loan program; (5) require a landowner applying for expedited CCN release to include information about cost of service provision for the proposed alternate service provider and requested infrastructure needs, including fire flow, and require the holder of the CCN from which the landowner is requesting release to prove that it can provide comparable service at approximately the same cost as the proposed alternative service provider; and (6) authorize the TCEQ to find only that a proposed alternative service provider is capable of providing the requested service in order to release a property from another CCN where the holder of that CCN has never made service available through planning, design, construction of facilities, or contractual obligations to serve the area the petitioner seeks to have released. H.B. 3675 (Eiland) – Assessment on Video Providers: would: (1) impose on each video provider (e.g., cable television services and similar services, as well as satellite service) a state “assessment” of 6-1/4 percent of gross revenues derived from the provision of subscription video services in this state (but excluding Internet service); (2) define “gross revenues;” (3) provide that each video provider is entitled to a credit against the assessment imposed under this bill for state or local franchise fees paid to cities; (4) provide that the total credit claimed on an assessment report may not exceed the amount of the assessment due for the report; (5) provide that the assessment imposed by the bill is due and payable to the comptroller on or before the last day of the first month following the end of each calendar quarter; (6) require a provider on whom Town Council 193 of 231 Meeting Date: April 4, 2011 51 the assessment is imposed by the bill to maintain the necessary records (which shall be open to the comptroller at all times), and any other information required by the comptroller, to determine the amount of the assessment that the provider is required to remit and any credit that the provider is entitled to claim, the number of subscription video service subscribers in each incorporated area and in the unincorporated area of each county; (7) provide various penalties against a provider that violates the provisions of the bill; (8) require that three-fourths of the revenue collected from the assessment imposed by the bill shall be deposited to the credit of the general revenue fund and one-fourth of the revenue shall be deposited to the credit of the subscription video assessment clearance fund created under the bill; (9) provide that the subscription video assessment clearance fund is a special fund in the state treasury outside the general revenue fund; (10) provide that, effective on January 1, 2012, not later than the last day of the second month following a calendar quarter, the comptroller shall calculate the pro rata share of total subscription video service subscribers for each city and the unincorporated area of each county according to the most recent subscription report filed by each provider; (11) require the comptroller to distribute the balance of the amount in the subscription video assessment clearance fund, less up to a five percent administrative fee in certain circumstances, by issuing a warrant drawn on the fund to each city with subscription video service subscribers in an amount equal to the city’s pro rata share of the amount in the fund as of the date the warrant is issued and each county with subscription video service subscribers outside of an incorporated area in an amount equal to the county’s pro rata share of the amount in the fund as of the date the warrant is issued; and (12) provide that the sales tax rate on a taxable item that meets the definition of “subscription video services” is 5 3/4 percent of the sales price of the taxable item sold (as opposed to 6 ¼ percent). H.B. 3676 (F. Brown) – Professional Services: would provide that, when procuring architectural, engineering, or land surveying services, a governmental entity – including a city – shall: (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and (2) if other considerations are equal, give preference to a provider of those services whose principal place of business is in this state or who will manage the contract wholly from an office in this state. H.B. 3677 (F. Brown) – Information Resources: would authorize the Department of Information Resources to charge an administrative fee to a city that purchases commodity items – such as commercial software, hardware, and technology services – through the department in an amount equal to two percent of the price of the commodity items purchased. H.B. 3684 (Callegari) – Fiscal Notes and Unfunded Mandates: would: (1) require that a resolution granting permission to sue the state be accompanied by a fiscal note; (2) require the Legislative Budget Board to establish a system of fiscal notes identifying the probable costs of a joint or concurrent resolution; (3) require that, upon request, state agencies prepare fiscal notes for pending concurrent resolutions; (4) define the term “mandate,” for purposes of Government Code Chapter 320, to include restrictions, rules enacted by state agencies, and required reports and exclude a provision of additional flexibility for allocating resources; (5) authorize the Sunset Advisory Commission, in its review of a state agency that affects political subdivisions, to include in its report information about mandates on political subdivisions; (6) allow political subdivisions to present information to the Sunset Advisory Commission about mandates and Town Council 194 of 231 Meeting Date: April 4, 2011 52 conduct periodic reviews of mandates and recommend changes; (7) provide that a fiscal note that affects a political subdivision include a statement that evaluates whether the proposed rule creates an additional requirement or restriction on a political subdivision and, if so, whether any additional time or expenditures will be required; and (8) repeal various statutes, including Government Code Section 320.003 which requires the interagency work group to prepare a list of unfunded mandates on political subdivisions. (Companion bill is S.B. 1252 by Williams.) H.B. 3685 (Aliseda) – Sales Tax: would: (1) allow for the retail sale of alcohol on Sundays between the hours of noon and 6 p.m.; and (2) provide that an amount equal to two percent of the proceeds from the collection of the taxes imposed on the retail sale of alcohol during noon and 6 p.m. on a Sunday shall be credited to the state property tax relief fund. H.B. 3690 (Anchia) – Public Improvement Districts: would allow a public improvement district to consist of noncontiguous properties that have a common land use or other common characteristics. (Companion bill is S.B. 1369 by West.) H.B. 3692 (Gallego) – Law Enforcement: would: (1) require a peace officer answering an emergency call to attempt to determine whether any person involved is a person with mental illness and, if so, and no offense has been committed, require the officer to notify local mental health authorities and provide assistance to the mentally ill person and authorize the officer take the person into custody; (2) require a peace officer answering an emergency call to attempt to determine whether any person involved is a person with mental illness and, if so, and an offense has been committed, authorize the officer to issue a citation in lieu of arrest or take the person into custody; (3) provide, in regard to an incompetency trial, that a suggestion of incompetency is the threshold requirement for an informal inquiry which may be satisfied solely by a representation from any source; (4) require the Texas Commission on Law Enforcement Officer Standards and Education to establish minimum curriculum requirements for preparatory and advanced programs that include training in mental illness. H.B. 3695 (Gallego) – Juveniles: would make all records, files, and information stored by electronic means or otherwise from which a record or file could be generated, related to a child who is convicted and has satisfied the judgment for a fine-only misdemeanor offense other than a traffic offense confidential, to be released only in certain situations. (This bill is similar to S.B. 1752 by Uresti.) H.B. 3701 (Fletcher) – Public Information: would except from public disclosure information contained in a citation for a class C misdemeanor and that relates to the home address, phone, social security number, or family-member information of a person. H.B. 3704 (Brown) – Property Tax: would provide that a community housing development organization is entitled to a property tax exemption for certain buildings and other real and tangible personal property used exclusively by the organization or a political subdivision of the state for the acquisition, building, repair, sale, or rental of property. Town Council 195 of 231 Meeting Date: April 4, 2011 53 H.B. 3705 (Hamilton) – Emergency Planning: would, among other things, create the disaster reconstruction coordination office as an office within the office of the governor. (Companion bill is S.B. 1461 by Lucio.) H.B. 3706 (Callegari) – Federal Programs and Mandates: would authorize the lieutenant governor and the speaker of the house to establish the state sovereignty oversight work group to identify, monitor, and analyze certain pending or enacted federal legislation and take related action to educate public officials and citizens about the legislation, implement the legislation, and identify recommended changes to the legislation. H.B. 3727 (Hilderbran) – Property Tax: would require the chief appraiser to determine the market value of temporary production aircraft located in the state to be ten percent of the published “list price” for property tax purposes. H.B. 3729 (Martinez) – Extraterritorial Jurisdiction: would provide that a city may expand its extraterritorial jurisdiction into another city’s existing extraterritorial jurisdiction through annexation if a written agreement was in place at the time of the annexations that apportioned the overlapping area to the city conducting the annexation. H.B. 3731 (Martinez) – Transportation: would provide that: (1) the Texas Transportation Commission shall adopt provisions relating to the accommodation of bicycles, pedestrians, and mass transit riders in transportation planning; and (2) a local authority – including a city – shall establish minimum guidelines to accommodate bicycles, pedestrians, and mass transit riders in all transportation planning, construction, reconstruction, street or highway improvements, and transportation facilities, including mass transit facilities, that must conform to the provisions adopted by the commission. H.B. 3735 (Martinez) -- Texas Commission on Fire Protection: would: (1) send all fees collected by the Texas Commission on Fire Protection to a special account dedicated to funding the commission as opposed to sending half to the account and half to general revenue; and (2) change the composition of the commission by having at least one fire chief member and one fire fighter member from a city with less than 150,000 in population. (Companion bill is S.B. 1673 by Gallegos). H.B. 3736 (Martinez) -- Civil Service: would prohibit a city manager in a civil service city from being the department head of a fire department or police department, unless the individual is qualified under civil service requirements. H.B. 3739 (Morrison) – Sales Tax: would provide that the sale, use, or other consumption of tangible personal property is exempted from sales taxes if the property is used directly in the research or development of inventions, products, processes, or technology by a person primarily engaged in: (1) the manufacturing of tangible personal property for sale; (2) the provision of telecommunication services; or (3) the performance of scientific or technical services for a person described by (1) or (2), above. Town Council 196 of 231 Meeting Date: April 4, 2011 54 H.B. 3742 (Schwertner) – Transportation: would provide a procedure whereby a political subdivision that participates financially in certain Texas Department of Transportation projects may assist with, and expedite, the environmental review process. H.B. 3746 (Frullo) – Internet Crimes: would: (1) create a new court cost to be collected from a person who, upon conviction, is required to register as a sex offender; and (2) transmit the proceeds from that cost to a special fund known as the Internet Crimes Against Children Fund, to be appropriated equally to the three Internet Crimes Against Children task forces in the state. (This bill is similar to S.B. 1843 by Carona.) H.B. 3748 (Phillips) – Forensic Science: would, among several other provisions: (1) abolish the Texas Forensic Science Commission; (2) create a Division of Forensic Sciences at the Department of Public Safety (DPS) , transferring certain duties of the TFSC to the new division; (3) require the division director for the Division of Forensic Sciences to recommend for DPS adoption guidelines for collecting forensic evidence and for preserving the integrity of forensic evidence at all stages of a criminal investigation and for the storage of forensic evidence; and (4) require a local law enforcement agency to comply with those guidelines. H.B. 3749 (Oliveira) – Mineral Rights: would grant certain protections to the owners of the surface estate of property. H.B. 3757 (Callegari) – Rural and Small Community Initiatives: would work to coordinate rural and small community initiatives by: (1) authorizing the governor to designate an employee of the governor’s office as a state rural and small community coordinator; (2) providing for certain state agency employees to serve as a liaison to the coordinator; and (3) providing for a task force to develop and adopt a Texas Rural and Small Community Coordinated Plan. (Companion bill is S.B. 824 by Lucio.) H.B. 3758 (Giddings) – Juveniles: would: (1) prohibit a police officer from requiring a student who is younger than twelve years of age to sign a citation issued to the student on school property during school hours; and (2) require a school administrator or teacher to sign on behalf of the student as a witness. H.B. 3767 (Pitts) – Sales Tax: would expand the definition of “sale for resale” for sales tax purposes to include the sale of tangible personal property to a purchaser who acquires the property for the sole purpose of transferring it as an integral part of performing a contract with the federal government if the purchaser: (a) allocates the cost of the property to the contract; (b) bills the cost of the property to the federal government for reimbursement; and (c) transfers title to the property to the federal government under the contract. (Companion bill is S.B. 1721 by Duncan.) H.B. 3768 (Pena) – EMS: would provide that an emergency medical services provider has a lien on a cause of action or claim of an individual who receives emergency medical service in a county with a population of one million or less for injuries caused by an accident that is attributed to the negligence of another person. Town Council 197 of 231 Meeting Date: April 4, 2011 55 H.B. 3771 (Martinez) – Transportation: would, among other things, provide that: (1) the Texas Department of Transportation (TxDOT) will adopt provisions relating to the accommodation of pedestrians, bicyclists, and mass transit riders in transportation planning; and (2) a local authority – including a city – shall establish minimum guidelines in accordance with TxDOT plans to accommodate bicycles, pedestrians, and mass transit riders in all transportation planning, construction, reconstruction, street or highway improvements, and transportation facilities, including mass transit facilities. H.B. 3773 (Pitts) – Municipal Court Fees: would: (1) transfer all municipal court fee collection and auditing duties from the comptroller’s office to the state Office of Court Administration; and (2) repeal the penalty prohibiting a city from withholding its ten percent of many state court fines if the city is not in compliance with state fee reporting and remitting rules. H.B. 3784 (Callegari) – Financial Disclosure: would: (1) provide that, at the direction of the state’s legislative audit committee, the state auditor shall conduct an audit or investigation of a local governmental body – including a city; (2) require a city to file an accounting of its money with the state comptroller’s office; and (3) apply all state laws relating to the audit of state agencies to cities. H.B. 3790 (Pitts) – State Fiscal Matters: This lengthy bill would, among other things, provide that: (1) notwithstanding any other statute, each state agency is authorized to reduce or recover expenditures by, among other things, adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions; (2) the governing board of a public retirement system shall make an annual contribution to the State Pension Review Board in an amount equal to 50 cents for each active member and annuitant of the retirement system as of September 1 of the year for which the contribution is made, payable in a lump sum; and (3) specify that the judicial and court personnel training fund is an account in the general revenue fund which may be appropriated only to the court of criminal appeals for judicial and court staff training and eliminate the current provision requiring any unexpended balance in excess of $500,000 at the end of each fiscal year to be transferred to the general revenue fund. (Companion bill is S.B. 1811 by Duncan.) H.B. 3792 (Burnam) – Gas Pipelines: would provide that: (1) a city may establish conditions for mapping or taking an inventory of gas pipelines and related appurtenances, including pumps, compressors, separators, dehydration units, and tank batteries, located in an area in the city’s extraterritorial jurisdiction; (2) a city may adopt an ordinance that establishes conditions for mapping, inventorying, locating, or relocating pipelines and related appurtenances, including pumps, compressors, separators, dehydration units, and tank batteries, located within the city’s boundaries; and (3) a gas corporation may exercise eminent domain authority 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. 3793 (Phillips) – Transportation Funding: would, among other things: (1) provide that the sales and use taxes imposed on the sale, storage, or use of new and used motor vehicle tires and new and used motor vehicle parts shall be deposited to the credit of the state highway fund; Town Council 198 of 231 Meeting Date: April 4, 2011 56 and (2) eliminate the funding of the Department of Public Safety from money in the state highway fund. (Note: please see H.J.R 157, below.) H.B. 3795 (Elkins) – Public Funds Investment: would require each governing body to invest a minimum of five percent of their total portfolio in Texas-based, publicly-traded corporations. H.B. 3801 (S. Davis) – Public Information: would: (1) allow a current or former city employee or official elect to allow or disallow public access to a personal cellular telephone number, personal e-mail address, or date of birth; (2) allow a city employee or official to elect to allow or disallow public access to personal information at any time during the employee’s or official’s service with the city; (3) require a former employee or officer of the city to state the person’s choice to allow or disallow public access to personal information within 14 days of ending service with the city; (4) would make the date of birth of a living person confidential, and allow a city to redact an individual’s date of birth from any requested information without the necessity of requesting a decision from the attorney general. H.J.R. 7 (Bohac) – Property Tax: would amend the Texas Constitution to authorize the legislature to allow the city council of a city in Harris County to reduce the property tax appraisal cap on homesteads from ten percent to five percent. H.J.R. 9 (Farias) – Sales Tax: would amend the Texas Constitution to use the revenue generated by a tax imposed on certain sweetened beverages for the promotion of children’s health programs. H.J.R. 10 (Farias) – Sales Tax: would amend the Texas Constitution to use forty-percent of the revenue generated by a tax imposed on certain sweetened beverages for the promotion of children’s health programs, with the remainder to the credit of the general revenue fund. H.J.R. 11 (Farias) – Property Tax: would amend the Texas Constitution to limit the maximum appraised value of a residence homestead for property tax purposes to an amount that is less than the appraised value, but not less than the amount that the owner of the residence homestead paid for the property. H.J.R. 15 (Rodriguez) – Transportation Funding: would amend the Texas Constitution to provide that: (2) the net revenue from the portions of the rates of motor fuels sales taxes that exceed the rates of those taxes in effect on January 1, 2011, shall be used for the sole purpose of designing, constructing, and maintaining public roadways; (2) the state shall impose the motor fuels taxes at the rate of 30 cents per gallon by increasing the tax by two cents per gallon each year until August 1, 2020; (3) beginning August 1, 2020, and not later than August 1 of each subsequent year, the comptroller shall revise the rates of the motor fuels taxes in effect on August 1 by applying a percentage change to the rates equal to the most recent annual change in the consumer price index; and (4) in any case, the legislature may raise the rate of the tax or modify or repeal the tax. H.J.R. 131 (Rodriguez) – Transportation Funding: would amend the Texas Constitution to provide that, subject to legislative appropriation, allocation, and direction: (1) three-fourths of Town Council 199 of 231 Meeting Date: April 4, 2011 57 the net revenue that is remaining after payment of all refunds allowed by law and expenses of collection that is derived from taxes on motor fuels and lubricants used to propel motor vehicles over public highways – and on new and used motor vehicle tires and new and used motor vehicle part – shall be used for the sole purpose of constructing and maintaining public highways and for the purpose of constructing, maintaining, and operating passenger rail, transit, and freight rail. H.J.R. 134 (Oliveira) – County Development Authority: would amend the Texas Constitution to provide that a county may exercise limited ordinance-making authority for the purpose of regulating land development in the unincorporated area of the county if approved by a majority vote of the county voters and that regulations adopted after the election may include regulations relating to land use compatibility, public safety and fire hazards, land density, and use or conservation of water and other natural resources. H.J.R. 135 (Phillips) – Religion: would amend the Texas Constitution to provide that the government may not directly, indirectly, or incidentally, substantially burden an individual’s or a religious organization’s conduct that is based on a sincerely held religious belief, unless the government is acting further a compelling government interest and using the least restrictive available means to do so. H.J.R. 137 (Ritter) – State Water Plan: would amend the Texas Constitution to provide that: (1) if the legislature requires the Texas Water Development Board to adopt a state water plan, the legislature shall provide for the imposition by the state of one or more fees, the proceeds of which must be deposited to the credit of a special fund in the state treasury to be known as the state water implementation fund for Texas, funds in which may be used only to fund projects included in the state water plan; and (2) the Texas Water Development Board may issue general obligation bonds, at its determination and on a continuing basis, for one or more accounts of the Texas Water Development Fund in amounts such that the aggregate principal amount of the bonds issued by the board that are outstanding at any time does not exceed $6 billion. H.J.R. 138 (Ritter) – State Water Plan: would amend the Texas Constitution to: (1) create the state water implementation fund for Texas in the state treasury to provide a method for financing projects included in the State Water Plan; (2) provide that the legislature: (a) shall provide for the imposition by the state of a fee or tax, the proceeds of which must be deposited to the credit of the fund and may provide for the deposit of other sources of revenue to the credit of the fund; and (b) may prescribe the manner in which money in the fund may be used; and (3) provide that a law dedicating revenue to the fund prevails over any law enacted in the same session of the legislature that purports to abolish dedications of revenue in the state treasury for a particular purpose, regardless of the relative dates of enactment. (Note: please see H.B. 3273, above.) H.J.R. 139 (Schwertner) – Property Tax: would amend the Texas Constitution to provide that: (1) in order to qualify for a property tax freeze for the elderly or disabled adopted by a city, and individual’s residence homestead must both qualify: (a) for either the mandatory exemption of an additional $10,000 by the school district or an optional exemption of at least an additional $3,000 by any other taxing unit; and (b) for either the mandatory $3,000 exemption by the county for all homeowners or the optional exemption of up to 20 percent of value by any other taxing unit for all homeowners; and (2) if an individual who qualifies for either a mandatory exemption of an Town Council 200 of 231 Meeting Date: April 4, 2011 58 additional $10,000 by the school district or an optional exemption of at least an additional $3,000 by any other taxing unit dies in the first year in which the individual qualified for the exemption, the surviving spouse of the individual is entitled to a property tax freeze if one has been adopted by a city. (Note: please see H.B. 3315, above.) H.J.R. 142 (White) – Property Tax: would amend the Texas Constitution prohibit a political subdivision from imposing property taxes and expand the applicability of state and local sales and use taxes to replace property tax revenue. H.J.R. 146 (V. Taylor) – Automatic Resignation: would amend the Texas Constitution by repealing the resign to run provisions applicable to certain county, city, or district officeholders. (Companion resolution is S.J.R. 37 by Van de Putte.) H.J.R. 150 (Kleinschmidt) – Property Tax: would amend the Texas Constitution to allow the legislature to provide that the chief appraiser of an appraisal district serve a term not to exceed four years. H.J.R. 156 (C. Howard) – Property Tax: would amend the Texas Constitution to provide that the “market value” of land for property tax appraisal purposes is frozen at the 2009 appraised value until the land is sold or new construction takes place. H.J.R. 157 (Phillips) – Transportation Funding: would amend the Texas Constitution to provide that, subject to legislative appropriation, allocation, and direction: (1) the net revenue that is remaining after payment of all refunds allowed by law and expenses of collection that is derived from motor vehicle registration and on new and used motor vehicle tires and new and used motor vehicle parts shall be used for the sole purpose of constructing and maintaining public highways; (2) three fourths of the net revenue from the motor fuel tax shall be used for the sole purpose of constructing and maintaining public highways, and one- fourth of the net revenue shall be allocated to school funding; and (3) for a biennium, the legislature may not appropriate funds derived from the revenue described (1) and (2), above, for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in an amount that exceeds the lesser of: (a) the total amount of those funds appropriated for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in the preceding biennium; or (b) the maximum amount that may be appropriated under (a), above, reduced by 25 percent from the preceding biennium if the estimate of anticipated revenue from all sources made in advance of the regular session for the biennium exceeds the total amount of revenue from all sources for the preceding biennium by more than three times the amount of the reduction. (Note: please see H.B. 3793, above.) S.B. 13 (Huffman) – Litigation: would: (1) state that a statute does not create a cause of action unless the statute does so in clear and unambiguous language; (2) limit the recovery of attorney’s fees to the prevailing party; (3) add deposition costs to the list of litigation costs that can be recovered; and (4) require the Supreme Court of Texas to adopt rules for the early dismissal of civil actions. Town Council 201 of 231 Meeting Date: April 4, 2011 59 S.B. 15 (Fraser) – State Energy Policy: would create the Texas Energy Policy Council to develop and present a statewide energy policy plan to the legislature that includes information relating to electric transmission, energy efficiency technology, energy reserves, and the environment. S.B. 20 (Williams) – Clean Air: would create grant programs to: (1) replace on-road heavy- duty motor vehicles with equivalent natural gas vehicles; and (2) make natural gas fueling stations available on the routes between Houston, San Antonio, and Dallas/Fort Worth. S.B. 552 (Carona) – Energy Efficiency: would, among many other things: (1) establish the state-level Energy Efficiency Council (EEC); (2) provide that the EEC shall collect information regarding energy savings and demand reduction by reviewing energy efficiency programs in the state and submit the information collected to the Texas A&M energy systems laboratory, the State Energy Conservation Office (SECO), and the Electric Reliability Council of Texas; (3) authorize an area emissions reduction organization to establish an energy efficiency market emission reduction credit program through which a utility, municipal utility, electric cooperative, or state or local government may register savings from that entity’s energy efficiency measures as emission reduction credits and sell or trade the credits in an effort to reduce emissions of air pollutants in urban areas of this state; (4) provide that, to achieve energy conservation in the construction of, renovations to, and additions to all residential, commercial, and industrial buildings in this state, SECO, in consultation with the Texas A&M energy systems laboratory, shall adopt the International Energy Conservation Code, as published at the end of each three-year code development cycle, as the minimum requirements for those buildings; (5) provide that SECO shall set an effective date for an energy code adopted under (4), above, that is not later than nine months after publication of a new edition of the code at the end of each three-year code development cycle of the International Energy Conservation Code; (6) mandate that a city establish procedures for the administration and enforcement of the code, to ensure that code-certified inspectors shall perform inspections and enforce the code in the inspectors’ jurisdictions, and to track and report to SECO on implementation of the code; (7) provide that a city’s report must include a description of the measures taken to enforce the most recently adopted version of the International Energy Conservation Code and an assessment of the rate of compliance; (8) provide that a city or county may establish procedures to adopt local amendments to the International Energy Conservation Code; (9) require the energy systems laboratory to: (a) provide to counties and cities suggestions for modifications to the code to increase energy efficiency by 15 percent above the efficiency achieved under the unamended code; (b) provide technical assistance to a local government considering whether to adopt the suggested modifications; (c) report its findings to the council, county, or city, including an estimate based on suggested local amendments of any energy savings potential above the unamended code and any resulting reduction in the emission of air pollutants; and (10) beginning April 1, 2012, provide that a municipally owned utility must report each year to SECO information regarding the combined effects of the energy efficiency activities of the utility from the previous calendar year, including the utility’s annual goals, programs enacted to achieve those goals, and any achieved energy demand or savings goals. Town Council 202 of 231 Meeting Date: April 4, 2011 60 S.B. 657 (Huffman) – TCEQ: this bill is the same as H.B. 2694, above. S.B. 658 (Huffman) – Workers Compensation: would: (1) provide for a contested case hearing if a party has a medical dispute regarding workers compensation that is not resolved by an independent review; (2) allow judicial review of the case after the contested case hearing if there is still a dispute; (3) change the authority on who can allow an employee to seek an alternate doctor from the workers’ compensation division to the workers’ compensation insurance carrier; (4) change the authority on who can accelerate workers compensation benefits from the workers’ compensation division to the workers’ compensation insurance carrier; (5) subject to administrative review: (a) denial of an alternate doctor subject to administrative review; (b) denial of accelerated benefits; (c) a dispute as to the amount of benefits; (d) denial of supplemental benefits; (e) medical fee dispute; and (6) change the way administrative violations by workers’ compensation insurance carriers are treated. (Companion bill is H.B. 2605 by L. Taylor.) S.B. 660 (Hinojosa) – Texas Water Development Board: this bill is the same as H.B. 3530, above. S.B. 661 (Nichols) – Public Utility Commission: would extend the Public Utility Commission for 12 years, and make various administrative changes to the commission. Of particular interest to cities, the bill would transfer jurisdiction over water rates and services, and certificates of convenience and necessity, from the Texas Commission on Environmental Quality to the commission. S.B. 665 (Hinojosa) – Department of Housing and Community Affairs: this bill is the same as H.B. 2608, above. S.B. 666 (Hinojosa) – Fire Hydrants: would provide that: (1) each public water system responsible for any hydrant (e.g., a fire hydrant or a metal flush valve that looks like a fire hydrant) shall: (a) paint all or the cap of the hydrant white if the hydrant is available to be used only to fill a water tank on a fire truck used for fire suppression services; and (b) paint all or the cap of the hydrant black if the hydrant is unavailable for use by the entity providing fire suppression services in a fire emergency; (2) a hydrant is unavailable for use in a fire emergency if it is unavailable for pumping directly from the hydrant or is unavailable for use in filling a water tank on a fire truck used for fire suppression services; (3) a public water system may place a black tarp over the hydrant or use another means to conceal the hydrant instead of painting all or the cap of the hydrant black if the hydrant is temporarily unavailable for use in a fire emergency for a period not to exceed 45 days; (4) not later than the 45th day after the date a hydrant is concealed, the public water system responsible for the hydrant shall, depending on its status, remove the tarp or other means of concealment paint all or the cap of the hydrant black; (5) the bill’s provisions do not apply within the jurisdiction of a governmental entity that maintains its own system for labeling or color coding its hydrants to any public water system that has entered into a contract with a city or volunteer fire department to provide a water supply for fire suppression services if the Town Council 203 of 231 Meeting Date: April 4, 2011 61 contract specifies a different system for labeling or color coding hydrants; (6) the fact that all or the cap of a hydrant for which a public water system is responsible is not painted black or concealed does not constitute a guarantee by the public water system that the hydrant will deliver a certain amount of water flow at all times; and (7) a public water system is not liable for a hydrant’s inability to provide adequate water supply in a fire emergency. S.B. 1101 (Wentworth) – Professional Services: would provide that a governmental entity (not including a city), may not provide through its officers or employees a commercially available service (e.g., the practice of engineering or architecture, construction services, or construction management services) for an improvement to real property that is not owned or leased by the entity. S.B. 1258 (Duncan) – Solid Waste: would provide that the Texas Commission on Environmental Quality may issue a permit by rule to authorize the governing body of a county or city with a population of 10,000 or less to dispose of demolition waste from an abandoned building or building found to be a nuisance if the disposal occurs on land that: (1) the county or city owns or controls; and (2) would qualify for an arid exemption under commission rules. (Companion bill is H.B. 2013 by Hardcastle.) S.B. 1265 (Uresti) -- Emergency Medical Personnel Training: would: (1) prohibit the Department of State Health Services (DSHS) from requiring an emergency medical services course or training to be accredited by a national organization before 2018; (2) require DSHS to partner with a testing entity for paramedic examines; and (3) require the testing entity to charge any cost or fee to the examinee. (Companion bill is H.B. 2369 by Quintanilla). S.B. 1274 (Williams) – Roofing Contractors: would provide: (1) that a person may not perform or offer to perform roofing services unless the person holds a certificate issued by the Texas Department of Licensing and Regulation; (2) detailed procedures and penalties; and (3) exempt an authorized employee or representative of a city from the bill’s requirements. S.B. 1276 (Williams) – Energy Efficiency Programs: would transfer certain energy assistance programs, including the state low income energy assistance program, from the Texas Department of Housing and Community Affairs to the Public Utility Commission of Texas. S.B. 1288 (Watson) – Property Tax: would instruct the state comptroller to study the feasibility of a property tax “circuit breaker” law. (Circuit breakers are defined in the bill as limitations on a residential homestead property taxes based on the owner’s annual income.) S.B. 1289 (Watson) – Photo Identification: would require all health care professionals, including an emergency services providers, to wear a photo identification badge at all times unless sterilization or isolation protocols preclude it. Town Council 204 of 231 Meeting Date: April 4, 2011 62 S.B. 1294 (Hegar) – Railroad Commission Fines: would raise the limits on various fines that may be imposed by the Texas Railroad Commission. S.B. 1309 (Hinojosa) – Gas Rates: would provide that, in establishing a gas utility’s rates, the regulatory authority may and is encouraged to approve a tariff or rate schedule in which the rate for gas utility service is adjusted based on changes in the gas utility’s revenues, expenses, or investments. (Companion bill is H.B. 2435 by Deshotel.) S.B. 1321 (Hinojosa) – Vehicle Towing: this bill is the same as H.B. 3334, above. S.B. 1323 (Watson) – Transportation: would provide a procedure whereby a political subdivision that participates financially in certain Texas Department of Transportation projects may assist with, and expedite, the environmental review process. S.B. 1330 (Watson) – Driver Education Courses: this bill is the same as H.B. 2897, above. S.B. 1331 (Watson) – Juveniles: would create an exception to the offense of consumption of alcohol by a minor in certain situations where the minor requested emergency medical assistance in response to the possible alcohol overdose of a minor. S.B. 1337 (Van de Putte) – Construction Insurance: would: (1) authorize the use of a “consolidated insurance program” under which a principal provides insurance on a construction project for several contractors; and (2) provide specific procedures that must be followed to use such a program. (Companion bill is H.B. 2093 by Thompson.) S.B. 1341 (Seliger) – Property Tax: would provide that: (1) a taxing unit may not be made a party to a suit to compel the appraisal review board to order a change in an appraisal roll; (2) the movant in a suit to compel an appraisal review board to order a change in an appraisal roll must mail notice of a hearing to the collector for each taxing unit that imposes taxes on the property at issue; and (3) a taxing unit that imposes taxes on the property at issue may intervene in a suit filed to compel an appraisal review board to order a change in an appraisal roll for the limited purpose of determining whether the property owner has forfeited a remedy due to the nonpayment of taxes. (Companion bill is H.B. 1435 by Elkins.) S.B. 1345 (Davis) – Sales Tax: would repeal the state law prohibiting the state comptroller from crediting to the Parks and Wildlife Department or the Texas Historical Commission any amount of taxes imposed on the sale of sporting goods in excess of the amounts appropriated to the department or commission, respectively. (Companion bill is H.B. 1628 by Larson.) S.B. 1346 (Davis) – Transportation Funding: would provide that the Texas Department of Transportation shall send each fee collected for a permit issued by the department for oversize and overweight vehicle permits, including administrative, highway maintenance, and vehicle supervision fees, to the comptroller for deposit to the credit of the state highway fund. Town Council 205 of 231 Meeting Date: April 4, 2011 63 S.B. 1354 (Carona) – County Sign Authority: would give a county the authority to prohibit new off-premise signs in the unincorporated areas of the county. (Companion bill is H.B. 1360 by Coleman.) S.B. 1358 (Lucio) – Emergency Detention: would authorize a judge or magistrate who issues a warrant for emergency detention to electronically transmit the warrant with a digital signature as defined by state law. S.B. 1362 (Lucio) – County Development Authority: this bill is the same as H.B. 3394, above. (Note: please see S.J.R. 40, below.) S.B. 1363 (Lucio) – County Development Authority: this bill is the same as H.B. 3114, above. S.B. 1364 (Lucio) – Colonias: this bill is the same as H.B. 3115, above. S.B. 1366 (West) – Sex Offender Registration: would, among several other changes to the sex offender registry program: (1) prohibit a city from adopting an ordinance that restricts the location of the residence of an individual who is required to register as a sex offender; and (2) limit the current registered sex offender database Web site to law enforcement and other governmental entities and create a separate Web site for the public with information about registered sex offenders, which would include only information regarding offenders with a risk level of two or higher. S.B. 1369 (West) –Public Improvement Districts: this bill is the same as H.B. 3690, above. S.B. 1371 (Carona) – Vehicle Towing: this bill is the same as H.B. 3510, above. S.B. 1375 (Estes) – Local Option Elections: would provide that, if a city annexes area on or after the date a local option liquor election petition is submitted, the city may hold the election only if the petition has enough signatures after including the voters in the annexed area. (Companion bill is H.B. 1401 by Laubenberg.) S.B. 1376 (Shapiro) – Radar Interference Device: would make it a Class C misdemeanor offense for a person, other than a law enforcement officer in the discharge of his official duties, to use a radar interference device in a motor vehicle. (Companion bill is H.B. 1116 by Harper-Brown.) S.B. 1382 (Wentworth) – Litigation: would expand the liability of a city in a contract dispute by allowing parties prevailing against a city to be awarded interest on disputed payments. (Companion bill is H.B. 345 by Kleinschmidt.) Town Council 206 of 231 Meeting Date: April 4, 2011 64 S.B. 1384 (Lucio) – Property Tax: would change the amount of interest that a city making a refund of property taxes following a judicial proceeding must pay from eight percent to an annual rate of interest paid by the bank on funds deposited in the account maintained by the tax collector for the taxing unit from which refunds are disbursed as of the date on which the final determination of the appeal is made, so long as that rate does not exceed eight percent. (Companion bill is H.B. 2218 by Oliviera.) S.B. 1385 (Lucio) – Property Tax: would allow a chief appraiser or collector to waive penalties for the failure to file certain documents only if: (1) the taxpayer seeking the waiver files a written application for the waiver with the chief appraiser or collector, as applicable, not later than the 30th day after the date the declaration or statement was required to be filed; and (2) the taxpayer’s failure to file or timely file was a result of a natural disaster that rendered it impossible to comply with the filing requirement, or an event beyond the control of the taxpayer that destroyed the property or records. (Companion bill is H.B. 2208 by Oliviera.) S.B. 1386 (Lucio) – Motor Vehicles: would: (1) authorize a city to enter into a contract with the county assessor-collector to provide information so that the assessor-collector can make a determination of whether to refuse to register a motor vehicle because of an outstanding warrant for failure to pay a fine for violation of a traffic law; and (2) authorize a city that has a contract described in (1), above, to impose an additional $20 fee on a person who has an outstanding warrant to use to reimburse the Department of Motor Vehicles or the county assessor-collector for its expenses for providing services under the contract. (Companion bill is H.B. 2204 by Oliveira). S.B. 1389 (Gallegos) – Construction Safety: would provide that: (1) to the extent consistent with federal law, a governmental entity – including a city – that enters into a construction contract must require that the contractor ensure that all employees working on the general construction site have completed construction safety training, as shown by a certificate of training completion for the employee; and (2) a governmental entity shall include in the contract various notice and penalty provisions. S.B. 1391 (Gallegos) – Loans: this bill is the same as H.B. 2713, above. S.B. 1392 (Lucio) – County Development Authority/Municipal Building Codes: this bill is the same as H.B. 3190, above. S.B. 1393 (Seliger) – Electricity: would add “electricity” to the definition of the term personal property in the Public Finance Act, which allows governing body of a governmental agency to execute, perform, and make payments under a contract with any person for the use or the purchase or other acquisition of any personal property, or the financing thereof. S.B. 1395 (Williams) – State Infrastructure Bank: this bill is the same as H.B. 3218, above. Town Council 207 of 231 Meeting Date: April 4, 2011 65 S.B. 1398 (Patrick) – Elections: this bill is the same as H.B. 3158, above. S.B. 1399 (D. Patrick) – Foundation Repair Contractors: would: (1) establish a foundation repair contractors advisory board, the membership of which must include one city official; (2) require the Texas Commission of Licensing and Regulation to establish standards for the practice of foundation repair, insurance requirements, licensure requirements, and prohibited practices; (3) authorize the Department of Licensing and Regulation to contract with political subdivisions for enforcement; (4) require licensees to provide notice to a city that the person has a license and authorize a city to charge a related fee; (5) exempt certain persons from licensure but not from city permit, inspection, or approval requirements; (6) provide that an individual who holds a license is not required to hold a license issued by a city to engage in foundation repair contracting in the city; and (7) provide that a person commits a class C misdemeanor if the person knowingly engages in foundation repair contracting without holding a license. (Companion bill is H.B. 2530 by Legler.) S.B. 1402 (Williams) – Motor Vehicles: would, among many other things, provide that a vehicle used by law enforcement under an alias for covert criminal investigations is exempt from the payment of a registration fee. (Companion bill is H.B. 2357 by Pickett.) S.B. 1406 (Hinojosa) – County Development Authority: would provide that a county may by order establish minimum standards for property maintenance in the unincorporated area of the county and establish limitations, procedures, and enforcement authority relating to the standards. S.B. 1411 (Hegar) – Sales Tax: this bill is the same as H.B. 2782, above. S.B. 1412 (Hegar) – On-Site Sewage Disposal Systems: would: (1) authorize certain commercial developments to permit small commercial development sewage collection, treatment, and disposal systems as on-site sewage disposal systems; (2) require that such systems be recorded with the county; and (3) placing joint and several responsibility for maintenance and permit violations on the owners of the units served by the system. S.B. 1419 (Hinojosa) – DNA Lab: would provide that the Texas Forensic Science Commission must establish a DNA lab audit program to conduct periodic unannounced audits of DNA labs and provide procedures to implement the bill. S.B. 1420 (Hinojosa) – Department of Transportation: this bill is the same as H.B. 2675, above. H.B. 1428 (Ogden) – Transportation Finance Zones: would provide that: (1) the Texas Transportation Commission may designate a transportation finance zone that is adjacent to the right-of-way of an existing or proposed state highway project and within two miles on either side of the centerline of the state highway; (2) the designation of a zone is not effective until the legislature has reviewed and approved the designation and boundaries of the zone; Town Council 208 of 231 Meeting Date: April 4, 2011 66 (3) the proceeds from the collection of state sales and use taxes imposed in a zone shall be deposited in the state infrastructure bank or similar revolving fund authorized by law, to be used for the repayment of financial assistance provided from the revolving fund for highway projects; (4) the proceeds from the collection of taxes deposited to the credit of a revolving fund may only be used for the repayment of financial assistance provided to the Texas Department of Transportation for tolled or non-tolled highway projects within the zone ( and may not be used to provide financial assistance for a project developed, constructed, or operated by a private entity under a comprehensive development agreement); and (5) in any state fiscal year, the comptroller may not deposit more than $250 million to the credit of a revolving fund. (Note: please see S.J.R. 42, below.) S.B. 1440 (Ellis) – Property Tax: would provide that: (1) a delinquency date applies only to the amount of taxes required to be paid on the portion of taxable value of the property that is the subject of a motion to change the appraisal role to correct an error that is not in dispute before the delinquency date; and (2) after filing an oath of inability to pay the taxes at issue, a property owner may be excused from the requirement of prepayment of tax as a prerequisite to the determination of a motion if the appraisal review board finds that such prepayment would constitute an unreasonable restrain on the property owner’s right of access to the board. (Companion bill is H.B. 2220 by Y. Davis.) S.B. 1442 (Shapiro) – Permit Vesting: this bill is the same as H.B. 2732, above. S.B. 1445 (Zaffirini) – Elections: would require a political report to include the purchase price and amount of proceeds received from a sale of an investment purchased during the reporting period with money received as a political contribution or interest earned on political contributions. S.B. 1450 (Zaffirini) – Precious Metals Dealers: would, among other things, provide that the governing body of a city may license, tax, suppress, prevent, or otherwise regulate cash- for-gold establishments. S.B. 1451 (Zaffirini) – Political Expenditures: would allow a corporation or labor organization to make a direct campaign expenditure for a public office. S.B. 1460 (Harris) – Energy Savings Contracts: would: (1) authorize a contract for the installation or implementation of energy savings equipment in new or existing facilities; and (2) provide that the governing body of a local government may use any available money, other than money borrowed from the state, to pay the provider of the energy or water conservation measures; and (3) provide that the governing body is not required to pay for energy or water conservation measures solely out of the savings realized under an energy saving performance contract. (Companion bill is H.B. 1728 by Keffer.) S.B. 1461 (Lucio) – Disaster Reconstruction: would: (1) create the disaster reconstruction coordination office in the office of the governor; (2) create a task force that would advise the Town Council 209 of 231 Meeting Date: April 4, 2011 67 disaster reconstruction coordination office that would include two officials from small cities; and (3) create the disaster contingency fund. S.B. 1467 (Lucio) – Coin-Operated Machines: would increase the occupation tax that cities may impose on certain coin-operated machines and require the city treasurer to distribute half the revenue collected to the municipal tax assessor-collector to offset the costs of assessing and collecting the tax. S.B. 1471 (Hinojosa) – Scrap Tires: would, before a land reclamation project using scrap tires may begin, require: (1) a permit for the project from the Texas Commission on Environmental Quality (TCEQ); (2) notice to the governing body of a city if the project is located in its corporate limits or ETJ; and (3) comments or suggestions from the city’s governing body to the TCEQ regarding the project. S.B. 1473 (Hinojosa) – Expunction of Arrest Records: this bill is the same as H.B. 2889, above. S.B. 1482 (Wentworth) – Property Tax: would make a property tax lien inferior to a perfected purchase-money security interest. (Companion bill is H.B. 2409 by Kuempel.) S.B. 1485 (West) – School Bus Cameras: would: (1) authorize a school district to implement a school bus monitoring system that takes live or recorded images, including images of vehicles that pass a stopped school bus; (2) allow for the imposition of a civil penalty for the offense of passing a stopped school bus and provide other penalties for failure to comply with the bill; and (3) establish procedures for the implementation of the system including authorization for a school district to enter into an interlocal agreement with a city regarding administrative hearings required under the bill. S.B. 1489 (Whitmire) – Truancy: would: (1) require a police officer serving as an attendance officer to file a complaint against a student in municipal or justice court if the student has a certain number of absences and the student is seventeen years of age or older; (2) create additional situations where a complaint against the parent of a truant child under the age of seventeen must be filed in justice or municipal court; and (3) remove most failure to attend school cases for students under the age of seventeen to juvenile courts. S.B. 1494 (Uresti) – Municipal Records: would require the officer or employee responsible for maintaining the records of the city to notify the Texas Judicial Council of the name of each person who is elected or appointed as presiding officer of the city, municipal court judge, or clerk of a municipal court, not later than the thirtieth day after the person’s election or appointment. S.B. 1505 (Uresti) – Property Tax: would change the method by which a real property interest in oil and gas in place is appraised by: (1) using the average price of the oil or gas interest for the preceding two calendar years; and (2) eliminating the comptroller-computed market condition factor multiplier. (Companion bill is H.B. 889 by Lewis.) Town Council 210 of 231 Meeting Date: April 4, 2011 68 S.B. 1506 (Uresti) – Property Tax: would change the method by which a real property interest in oil and gas in place is appraised by using actual price data, as available, and market-based data and a market-based methodology to calculate the statewide average price for oil or gas. S.B. 1517 (Van de Putte) – Animal Control: would: (1) authorize a city to enact more stringent sterilization requirements than state; (2) exempt certain animals from state sterilization requirements; (3) require that dog and cat owners have their animals sterilized subject to limited exemptions; and (4) require a local animal control authority to issue intact animal permits to owners of animals that are exempt from state sterilization requirements. S.B. 1519 (Uresti) – Sales Tax: this bill is same as H.B. 3411, above. S.B. 1521 (Uresti) – Municipal Court Building Security Fund: would authorize the use of funds from a city’s municipal court building security fund for warrant officers and related equipment. S.B. 1526 (Hinojosa) – Municipal Court: would, among other provisions: (1) require a either party in a criminal case before a municipal court to disclose, as soon as practicable after receiving a timely request from the other party, most evidence pertaining to a criminal case to the other party’s attorney; (2) require the court to permit an attorney representing the parties to make copies of the evidence; (3) permit the city to assert exceptions to required disclosure that is believed to be confidential by law; (4) require a municipal prosecutor to supplement or amend this information as needed; (5) require a defendant who intends to use an alibi defense to file a good faith notice of intent to raise the defense with the court; (6) permit a court to enter a protective order restricting a specific disclosure or permit an in camera review of the documents; (7) create sanctions for violation of the disclosure requirements. (Companion is H.B. 1647 by Gallego.) S.B. 1527 (Hinojosa) – Property Tax: would provide that either an opinion by an independent auditor and licensed certified public accountant included in an audit, or a determination of tax-exempt status by the United States Internal Revenue Service of a community housing development organization or other organization constructing or rehabilitating low-income housing, is prima facie evidence of the facts stated in the opinion or determination for purposes of determining tax exempt status. (Companion bill is H.B. 1576 by Garza.) S.B. 1528 (Hinojosa) – Property Tax: would: (1) provide that the legal owner of property that is not a public facility corporation is exempt from property taxation if: (a) a public facility corporation owns 100 percent of the legal owner of the property; or (b) the legal owner of the property is exclusively controlled by the corporation and is organized under state law, has its principal place of business in this state, and has equitable title to the property; (2) provide that property owned by a public facility corporation is exempt from property taxes if the property is owned by a tax credit partnership or limited liability Town Council 211 of 231 Meeting Date: April 4, 2011 69 company and the general partner or member is controlled by a public facility corporation. (Companion bill is H.B. 2000 by Garza.) S.B. 1529 (Hinojosa) – Law Enforcement: would require a police department to report an arrest to the Texas Department of Public Safety not later than the second day after the arrest. S.B. 1537 (Watson) – Fiscal Notes: would: (1) require a state agency to assign an estimated dollar amount for any cost to a state or local government in enforcing or administering a proposed rule; and (2) prohibit a state agency from determining the cost to a state or local government of administering a proposed rule is insignificant because the state or local government can pass on the cost to a customer or other third party associated with the proposed rule. S.B. 1539 (Watson) – Renewable Energy: would provide that: (1) It is the intent of the legislature that by January 1, 2015, an additional 5,000 megawatts of generating capacity from renewable energy technologies will have been installed in this state; (2) the cumulative installed renewable capacity in this state shall total 5,880 megawatts by January 1, 2015, and the Public Utility Commission shall establish a goal of 10,000 megawatts of installed renewable capacity by January 1, 2025; (3) the cumulative installed renewable capacity in this state shall total 5,256 megawatts by January 1, 2013, and 5,880 megawatts by January 1, 2015; and (4) a certain amount of that technology must include generating capacity other than wind energy technologies. S.B. 1542 (Watson) – Governmental Immunity: would waive governmental immunity for a city or other governmental entity in a suit where a nurse alleges the city took adverse employment action against the nurse in retaliation for a report required by state laws governing nurse conduct. (Companion bill is H.B. 884 by Howard). S.B. 1546 (Patrick) – Property Tax: would: (1) require an appraisal review board to reschedule a tax appeal hearing if the property owner or agent fails to attend due to human error; and (2) require the comptroller to appoint a peer review committee to review and respond to property tax complaints. S.B. 1553 (Rodriguez) – Public Housing: this bill is the same as H.B. 2737, above. S.B. 1558 (Carona) – Purchasing: would provide that: (1) if a change order involves a decrease or an increase of $50,000 or less and is for work within the original bid, the governing body may authorize an administrative official of the municipality to approve the change order; (2) a governing body may authorize an official or employee responsible for purchasing or administering a contract to approve a change order that involves a change of $50,000 or less; and (3) similar changes shall apply to civic center authorities and certain other local governmental entities. (Companion bill is H.B. 679 by Button.) S.B. 1565 (Ellis) – Litigation: this bill is the same as H.B. 2973, above. Town Council 212 of 231 Meeting Date: April 4, 2011 70 S.B. 1570 (Estes) – Sale of Leased Land: would: (1) authorize governmental entities, including cities, to sell surplus land that it owns to a person leasing the land without notice or bid and prohibit a governmental entity from selling the land to any other person except a bulk purchaser; (2) exempt the sale of a leased tract from platting requirements; (3) exempt the sale of an individual leased tract from various requirements including chapter 272 of the Local Government Code (which generally governs the sale of city property); (4) authorize a governmental entity to suspend a lessee’s right to purchase leased land in order to pursue a bulk sale of the leased land; (5) provide for the method of purchase and valuation of the land; (6) require that certain roads be transferred to the county; and (7) provide a procedure for a lessee to purchase the leased tract from the bulk purchaser. (Companion bill is H.B. 1729 by Keffer.) S.B. 1571 (Watson) – Public Information: would: (1) change the definition of “public information” to include: (a) information that is created, possessed, used and relied upon under a law or ordinance or in connection with the transaction of official business by any person, including a government agency, board, or institution or an individual, corporation or other business entity, or nonprofit that performs a public function, provides research or consulting services, or conducts a study at the request of a governmental body; and (b) information stored in electronic format that contains public documents, public records, or a communication of official business, regardless of whether it is stored on a server or in a computer facility owned or maintained by a governmental body; (2) define, for purposes of the Public Information Act (PIA), the terms “administer,” and “public function;” (3) provide that the term “public funds” for purposes of the PIA includes funds received from the federal government or from intergovernmental transfers; and (4) require that a contract between a governmental entity that receives state funds and business entity or nonprofit to perform a public function involving the exchange or creation of public information must be drafted in consideration of the requirements of the PIA. S.B. 1577 (Ellis) – Hotel Occupancy Tax: would define “price” for purposes of the amount paid for a hotel room as the retail price paid by a person for right to use or posses the room, including any booking, handling, or similar fee or charge paid by or on behalf of the person. (Companion bill is H.B. 1454 by Murphy.) S.B. 1583 (Ogden) – Law Enforcement: would: (1) make changes to the way that grants are allocated by the Automobile Burglary and Theft Prevention Authority, including changing from distribution based on geographic rates of auto theft to statewide rates; and (2) authorize the Texas Commission on Jail Standards to set and collect a reasonable fee to cover the cost of performing any re-inspection of a municipal jail operated for a city by a private vendor as required by state law. S.B. 1593 (Wentworth) – Law Enforcement: would prohibit the admission of any evidence obtained solely as the direct result of a request made in good faith for emergency medical services in response to a person’s possible overdose of alcohol or of a controlled substance in order to show that a person was intoxicated or possessed or consumed alcohol or a controlled substance. Town Council 213 of 231 Meeting Date: April 4, 2011 71 S.B. 1595 (Wentworth) – Sales Tax: this bill is the same as H.B. 2760, above. S.B. 1600 (Whitmire) -- Private Security Officers: would expand the exemptions for individuals from the requirements for private security officers if the individual: (1) a peace officer; and (2) is employed by a company licensed as a private security company. S.B. 1606 (Seliger) – Groundwater: would: (1) require the Texas Water Development Board (TWDB) to work with groundwater conservation district to adopt rules that would require all owners or operators of any well, including wells exempt from permitting under other statute, to report groundwater withdrawals using reasonable and appropriate reporting methods and frequency; (2) require groundwater withdrawals to be reported annually to the groundwater conservation district or, where no district is established, directly to the TWDB. S.B. 1612 (Ogden) – Texas Municipal Retirement System: would: (1) repeal the law that allows a city to issue obligations to fund its retirement benefits; (2) require a public retirement system, including the Texas Municipal Retirement System (TMRS), to pay the State Pension Review Board fifty cents annually for each member account; and (3) allow the pension review board to require TMRS or other public retirement systems to complete an actuarial experience study every five years. S.B. 1613 (Ogden) – Electric Utilities: would: (1) repeal the current definition of “competitive matter” relating to public power utilities; (2) define a “competitive matter,” which can be deliberated by a public power utility in a closed meeting and is not generally subject to public disclosure, as a matter reasonably related to: (a) generation unit specific and portfolio fixed and variable costs, capital improvement plans for generation units, and generation unit operating characteristics and outage scheduling; (b) bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas (ERCOT) bids, prices, offers, and related services and strategies; (c) effective fuel and purchased power agreements and fuel transportation arrangements and contracts; (d) risk management information, contracts, and strategies, including fuel hedging and storage; (e) plans, studies, proposals, and analyses for system improvements, additions, or sales, other than transmission and distribution system improvements inside the service area for which the public power utility is the sole certificated retail provider; and (f) customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies; and (3) would provide that a “competitive matter,” may not be deemed to include, among other things: (a) any tariff of general applicability regarding rates and other matters; (b) salaries and total compensation of all employees of a public power utility; or (c) information publicly released by the ERCOT to a law, rule, or protocol generally applicable to similarly situated market participants. S.B. 1615 (West) – Sexting: would: (1) create the offense of electronic transmission of certain visual material depicting a minor; (2) provide that is an affirmative defense to prosecution of the offense described in (1), above, if the defendant, among other things, reports receipt of the material to a law enforcement agency not later than 48 hours after Town Council 214 of 231 Meeting Date: April 4, 2011 72 receiving the visual material from another minor; and (3) allow courts, including a municipal court, to order a defendant guilty of the offense described in (1), above, to attend and complete an educational program about the consequences of the offense and require the defendant or the defendant’s parent to pay the cost of the program if financially able. S.B. 1616 (West) – Evidence: would require the Department of Public Safety (DPS) to adopt rules: (1) relating to a law enforcement agency that collects, stores, preserves, or retrieves any biological evidence in relation to an investigation or prosecution of a felony offense specifying how the evidence must be retained, for how long it must be retained, and procedures involved; and (2) authorizing a county with population of less than 100,000 to promptly deliver such evidence to DPS for storage. S.B. 1632 (Birdwell) – DNRs and Advance Directives: would make various revisions to the law relating to in-hospital and out-of-hospital do-not-resuscitate orders, including those contained in an advance directive. S.B. 1636 (Davis) – Evidence: would: (1) require a law enforcement agency that receives sexual assault evidence to submit that evidence to an accredited crime laboratory for analysis not later than the tenth day after it is received; and (2) would require a laboratory to complete its analysis of sexual assault evidence not later than the ninetieth day after it is received. (Companion bill is H.B. 3147 by McClendon.) S.B. 1638 (Davis) – Public Information: would: (1) authorize an employee or official of a governmental body and each former employee or official to choose whether to allow public access to their emergency contact information; (2) except emergency contact information from public disclosure for certain employees, officers, and former employees and officers; (3) make emergency contact information confidential and not subject to public disclosure for certain officers and employees; (4) except from public disclosure a motor vehicle operator’s or driver’s license or permit and a motor vehicle title or registration issued by another state or country; and (5) make a photocopy or other copy of an identification badge issued to an official or employee of a governmental body confidential. S.B. 1641 (W. Davis) – Gas Drilling: would require the Texas Railroad Commission to conduct certain hearings relating to gas wells in the Barnett Shale in that area. S.B. 1647 (Uresti) – Property Tax: would provide that if revenues from a producing mineral interest are held by an entity other than the legal owner of the interest, then the property taxes due on the interest shall be paid by the entity which holds the funds. S.B. 1654 (Watson) – Procurement: this bill is the same as H.B. 2729, above. S.B. 1659 (Lucio) – Fire Suppression: would authorize a water supply or sewer service organization to provide a water supply to a city or volunteer fire department for use in fire suppression. (Companion bill is H.B. 1814 by Lucio.) Town Council 215 of 231 Meeting Date: April 4, 2011 73 S.B. 1673 (Gallegos) -- Texas Commission on Fire Protection: This bill is the same as H.B. 3735, above. S.B. 1675 (Duncan) – Elections: this bill is the same as H.B. 3497, above. S.B. 1676 (Ellis) -- Peace Officer Training: This bill is the same bill as H.B. 2823, above. S.B. 1677 (Ellis) – Municipal Court Building Security Fund: would increase the optional municipal court building security fee to $4. (Companion bill is H.B. 904 by Thompson.) S.B. 1678 (Ellis) – Municipal Court: would increase the amount a city may collect under the municipal court technology fee to $5. (Companion is H.B. 1261 by Thompson.) S.B. 1690 (Lucio) – Water Utility Financial Assistance: would, among other related provisions, authorize the Texas Water Development Board to require a city applying for financial assistance in order to provide service to an economically distressed area to provide a written determination by the Texas Commission on Environmental Quality on the city’s capability to plan, build, and operate the system for which assistance is being requested. S.B. 1691 (Lucio) – Housing: would establish a rural housing land assemblage program to allow participating cities and counties to enter into interlocal agreements to acquire, hold, and transfer real property for the purpose of providing affordable housing for low-income households. S.B. 1692 (Lucio) – City Budget: would require the comptroller to provide on its Internet Web site a link to the Web site of each city that contains budget information for the city. S.B. 1693 (Carona) – Streamlined Electric Ratemaking: this bill is the same as H.B. 3610, above. S.B. 1695 (Williams) – Gangs: would expand the situations in which a person may be prosecuted for engaging in organized criminal activity relating to street gangs. S.B. 1701 (Williams) – Forfeiture: would: (1) provide that a rebuttable presumption that property is subject to forfeiture is established if the state shows by a preponderance of the evidence that the conduct giving rise to the forfeiture occurred and the conduct giving rise to the forfeiture is the only likely source or explanation for that property; (2) prohibit a court from suppressing evidence solely because it is acquired pursuant to a search or seizure that violates the right of the owner or interest holder; and (3) authorize a court to order the forfeiture of substitute assets, that otherwise are not subject to forfeiture, if the court finds that property that has been forfeited cannot be located, has been transferred, conveyed or sold to a third-party, has been placed beyond the jurisdiction of the court, has been substantially diminished in value, or has been commingled with other property and cannot be separated. Town Council 216 of 231 Meeting Date: April 4, 2011 74 S.B. 1713 (Whitmire) – Crime Victim’s Fund: would allow the use of the compensation to victims of crime fund to reimburse the reasonable costs of a forensic medical exam for family violence. S.B. 1721 (Duncan) – Sales Tax: this bill is the same as H.B. 3767, above. S.B. 1737 (Van de Putte) -- Employee Leave: would allow an individual who is eligible for paid leave for military training or duty to carry forward any leave to the next year so long as the maximum hours carried forward from one year to the next does not exceed 45 workdays. S.B. 1741 (Fraser) – Tree Mitigation Fees: would provide that: (1) if a city requires as a condition for the approval of a permit that the applicant pay to the city or to a third party a tree mitigation fee, the amount of the tree mitigation fee shall be roughly proportionate to the impacts of the activity on the public; and (2) provide procedures to appeal the amount of the fee. S.B. 1745 (Gallegos) – Child-Care Facilities: this bill is the same as H.B. 3547, above. S.B. 1752 (Uresti) – Juveniles: would make all records, files, and information stored by electronic means or otherwise from which a record or file could be generated, related to a child who is convicted and has satisfied the judgment for a fine-only misdemeanor offense other than a traffic offense confidential, to be released only in certain situations. (This bill is similar to H.B. 3695 by Gallego.) S.B. 1757 (Uresti) – Property Tax: would exempt from property taxes a charitable organization that serves a religious, charitable, scientific, literary, or educational purposes that promotes the athletic or academic development of boys or girls under the age of 18 years old. S.B. 1758 (Lucio) – Affordable Housing: would: (1) require the governing board of the Texas Department of Housing and Community Affairs (TDHCA) to establish field offices in rural areas to assist political subdivisions in developing or administering affordable housing programs; (2) require TDHCA to establish an office to support rural community and small city housing initiatives to: (a) work with each regional council of government to match housing sponsors to the housing needs of rural communities and small cities; (b) identify sources of funds for housing needs, (c) coordinate efforts to discuss and establish an online clearinghouse of best practices for rural community and small city housing initiatives; (d) establish regional nonprofit housing development organizations; (e) provide training to elected officials and others regarding housing programs, techniques to increase housing opportunities in rural communities and small cities, and funding for housing programs; and (f) assign, on request of a city council, an employee or independent contractor to assist the city in developing comprehensive housing plans, supporting housing development, and identifying financial resources. S.B. 1765 (Rodriguez) – Personnel: This bill is the same bill as H.B. 3020, above. Town Council 217 of 231 Meeting Date: April 4, 2011 75 S.B. 1771 (Williams) – 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, same services tax rate, and rollback 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, same services tax rate, and rollback rate to submit the rate to the city council within five days of making the calculation; (5) require an officer or employee designated by the city to either mail to each property owner, or publish in the newspaper, tax rate information at least 14 days before the date of the first meeting of the city council to consider the budget; (6) amend various sections of state law to include the application of a same services tax rate; (7) extend from 60 to 90 days the deadline for a city to adopt its tax rates after receiving a certified appraisal roll; (8) 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 same services tax rate or last year’s adopted rate; (9) 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 8 and 9, above, may be unintended features of this bill); and (10) 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).” (Companion bill is H.B. 874 by Howard.) S.B. 1773 (Williams) – Property Tax: would expand to certain counties a pilot program authorizing a property owner to appeal certain appraisal review board determinations to the State Office of Administrative Hearings. S.B. 1774 (Williams) – Property Tax: would: (1) redefine the effective property tax rate calculation in a way that excludes many of the adjustments necessary to hold cities harmless for exemptions and mandates (Note: concerned city finance officers may wish to use the new formulas in the bill to re-calculate their effective rates going back several years and communicate the results to Bill Longley at bill@tml.org); (2) require the designated officer or employee of a city to electronically deliver certain tax rate information to the comptroller; and (3) require a city to publish certain tax rate information in a local newspaper of general circulation in a format prescribed by the comptroller. S.B. 1782 (Ellis) -- Mandatory Health Benefit: This bill is the same as H.B. 3402, above. S.B. 1783 (Ellis) – Smoking: would provide that an owner, operator, manager, or other person in control of a building that the public is invited or allowed to enter and in which smoking is permitted shall post clearly and conspicuously at each public entrance to the Town Council 218 of 231 Meeting Date: April 4, 2011 76 building a sign that reads: “WARNING: SMOKING IS PERMITTED INSIDE THIS BUILDING” and make the failure to post the sign a class C misdemeanor. S.B. 1787 (Patrick) – Blood and Breath Specimens: would require an officer, before requesting a person to submit to the taking of a specimen, to inform the person orally and in writing that if the person refuses, the officer may apply for a warrant authorizing a specimen to be taken from the person. (Companion bill is H.B. 1743 by Martinez Fischer.) S.B. 1798 (West) – Sales Tax: would provide that, for sales tax purposes, there is a rebuttable presumption that a retailer is engaged in business in this state if the retailer: (1) enters into an agreement with a Texas resident under which the resident receives a commission or other consideration for the referral of potential customers by any means, including by a link on an Internet Web site; and (2) received at least $10,000 during the previous four calendar quarters in cumulative gross receipts from sales to consumers located in Texas who were referred to the retailer by an agreement under (1), above. (Companion bill is H.B. 1317 by Naishtat.) S.B. 1808 (Lucio) – EMS: would: (1) require EMS personnel to attend continuing education training in the management and care of pediatric patients and complete a certain number of hours – depending upon their status as a basic, intermediate, or paramedic technician – of the training every two years of the four-year certification period; (2) require an EMS vehicle be equipped with essential pediatric equipment and supplies; and (3) require that minimum standards be adopted for essential pediatric equipment and supplies for EMS vehicles. S.B. 1811 (Duncan) – State Fiscal Matters: This bill is the same as H.B. 3790, above. S.B. 1814 (Zaffirini) – Public Nuisance: would give a person 15 days after receipt of notice to abate a public nuisance. (Companion bill is H.B. 1132 by Larson.) S.B. 1816 (Zaffirini) – Colonias: this bill is the same as H.B. 2803, above. S.B. 1825 (Gallegos) – Low-Water Crossings: would require the Texas Transportation Commission to include in the sign manual for state highways provisions for the design and installation of a uniform low-water crossing sign, but would not require a local authority to replace low-water crossing signs installed before January 1, 2012. S.B. 1826 (Gallegos) – Open Meetings: would provide that, as defined by the Open Meetings Act: (1) the term “deliberation” means an exchange, whether oral or written, between a quorum of a governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body or any public business; (2) the term “deliberation” includes an e-mail, letter, or other written communication that is produced by or originates from a member of the governmental body, is circulated among a quorum of the governmental body, concerns an issue within the jurisdiction of the governmental body or any public business; and (3) the term “meeting” Town Council 219 of 231 Meeting Date: April 4, 2011 77 includes a gathering: (a) that is conducted by the governmental body or for which the governmental body is responsible; (b) at which a quorum of members of the governmental body is present or actively participating; (c) that has been called by the governmental body; and (d) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control. S.B. 1827 (Gallegos) – Flood-prone Areas: would authorize a city to enter and inspect property in a flood-prone area at any time to determine if the property is being maintained in compliance with state law or any regulations of the city. S.B. 1829 (Wentworth) – Public Information: would exclude from the term “governmental body,” as used in the Public Information Act, a chamber of commerce or a non-profit corporation that provides economic development services to a governmental body. S.B. 1834 (Ellis) – Property Tax: would provide that if no claimant establishes entitlement to excess proceeds from a property tax foreclosure sale, that the excess proceeds shall be remitted to the comptroller for deposit in the state fair defense account. (Note: state law currently provides that the excess proceeds from a property tax foreclosure sale be proportionally distributed to each taxing unit participating in the sale.) S.B. 1843 (Carona) – Internet Crimes: would: (1) create a new court cost to be collected from a person who, upon conviction, is required to register as a sex offender; and (2) transmit the proceeds from that cost to a special fund known as the Internet Crimes Against Children Fund, to be appropriated equally to the three Internet Crimes Against Children task forces in the state. (This bill is similar to H.B. 3746 by Frullo.) S.B. 1844 (Lucio) – Traffic Citations: would: (1) require an arresting officer issuing a citation in lieu of magistration to specify that the person receiving the citation must appear before the magistrate in the precinct in which the offense is alleged to have been committed; and (2) require a magistrate to dismiss the cause and bar the refilling of a complaint if the officer fails to comply. S.B. 1848 (Hegar) – EMS Service Fees: would make various changes to the distribution of the emergency service fee for wireless telecommunications connections and the prepaid 9-1- 1 emergency service fee. S.B. 1853 (Deuell) – EMS: would: (1) require, not later than the third business day after the date a hospital or EMS provider files a written notice of a lien in a cause of action or claim of an individual who receives emergency medical services for injuries caused by an accident that is attributed to the negligence of another person, the hospital or EMS provider to send a copy of the notice to each third-party payor of which they have knowledge; and (2) provide that failure to comply with the requirement in (1), above, would void the lien. Town Council 220 of 231 Meeting Date: April 4, 2011 78 S.B. 1856 (Deuell) – EMS: would provide that the recovery of medical or health care expenses in a civil action is limited to the amount that is actually paid by or on behalf of the claimant to a physician or health care provider. S.B. 1859 (Ellis) – Air Quality: would provide various measures to address air quality issues, including requiring the Texas Board of Health to establish voluntary guidelines for air quality of common outside areas connected to or immediately contiguous to indoor areas of government buildings. (Companion bill is H.B. 2306 by Alvarado.) S.B. 1861 (Van de Putte) -- Employee Leave: would: (1) require a city to grant unpaid leave to an employee, who is not exempt, from overtime for purposes of meeting with school officials or attending a child’s school activity if the employee has worked for the city at least 90 days; (2) require an employee desiring such leave to give reasonable notice and provide documentation of the activity; (3) require a city to post notice of employees’ rights under this law; and (4) prohibit a city from suspending or terminating an employee for exercising rights under this law. S.B. 1866 (Davis) – Professional Services: would provide that, unless inconsistent with the criteria relating to qualifications of a professional service provider: (1) in selecting a provider of professional services or a group or association of providers, a governmental entity – including a city – may consider the impact on the ability of the entity to comply with laws, rules, and policies of the entity relating to historically underutilized and/or minority businesses, the entity’s small business development program, or another contracting program approved by the entity, if any; and (2) the entity may also consider the provider’s or group or association of providers’ principal place of business if, in the entity’s governing body’s judgment, the location of the principal place of business will impact the most efficient and economical provision of the services. S.J.R. 3 (Fraser) – Texas Water Development Board Bonds: would authorize the Texas Water Development Board to issue general obligation bonds for one or more accounts of the Texas Water Development Fund II, with certain restrictions. S.J.R. 37 (Van de Putte) – Automatic Resignation: this joint resolution is the same as H.J.R. 146, above. S.J.R. 38 (Davis) – Transportation Funding: would amend the Texas Constitution to provide that: (1) subject to legislative appropriation, allocation, and direction, three-fourths of the net revenue that is remaining after payment of all refunds allowed by law and expenses of collection that is derived from taxes on motor fuels and lubricants used to propel motor vehicles over public highways shall be used for the sole purpose of constructing and maintaining public highways; and (2) for a biennium, the legislature may not appropriate those funds for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in an amount that exceeds the lesser of the total amount of those funds appropriated for a purpose other than acquiring rights-of-way, constructing, or maintaining Town Council 221 of 231 Meeting Date: April 4, 2011 79 public roadways in the preceding biennium or a slightly less amount in certain circumstances. S.J.R. 40 (Lucio) – County Development Authority: would amend the Texas Constitution to provide that a county may exercise limited ordinance-making authority for the purpose of regulating land development in the unincorporated area of the county if that authority is approved by a majority vote of the qualified voters voting in an election called by the commissioners court of the county for that purpose. (Note: please see S.B. 1362, above.) S.J.R. 41 (Hinojosa) – Vacancy on Governing Body: would amend the Texas Constitution to authorize a home-rule city to provide in its charter the procedure to fill a vacancy on the city council where the unexpired term is 24 months or less. (Companion resolution is H.J.R. 120 by Munoz.) S.J.R. 42 (Ogden) – Transportation Finance Zones: would amend the constitution to: (1) allow for the Texas Transportation Commission or its successor to designate as a transportation finance zone an area that is adjacent to the right-of-way of an existing or proposed state highway project; (2) provide that the designation of an area as a transportation finance zone must be reviewed and approved by the legislature before the designation may take effect; (3) allow the legislature to authorize proceeds of a state tax that is imposed in the zone on the sale of a taxable item or on the storage, use, or other consumption of a taxable item purchased from a retailer for storage, use, or other consumption to be deposited into a revolving fund; and (4) provide that money deposited to the credit of the revolving fund may only be used for the repayment of financial assistance provided from the revolving fund for highway projects within the zone. (Note: please see S.B. 1428, above.) S.J.R. 49 (Patrick) – Religion: would amend the Texas Constitution to provide that the government may not directly, indirectly, or incidentally, substantially burden an individual’s or a religious organization’s conduct that is based on a sincerely held religious belief, unless the government is acting further a compelling government interest and using the least restrictive available means to do so. CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following: • Pam Kirkland, Purchasing Manager, Richardson • Cliff Brown, Mayor, Corsicana Town Council 222 of 231 Meeting Date: April 4, 2011 80 • Jay Doegey, City Attorney, Arlington • James Thompson, Mayor, Sugarland • Kim Mote, Manager of Solid Waste Services Division, Fort Worth • David Garza, Director of Code Enforcement, San Antonio • Karen Guz, Conservation Director, San Antonio Water System • Jaime Ayala, Deputy Police Chief, Arlington • Keith Stretcher, City Attorney, Midland • Leanne Guzman, Assistant City Attorney, Fort Worth • Kevin Russell, Georgetown • Les Moore, Police Legal Advisor, Irving • Roger Ellis, Police Chief, Lubbock • Ivy Taylor, City Council, San Antonio • Harry Walsh, Assistant City Manager, San Antonio • Darrin Hall, Houston • Miguel Ozuna, Cedar Park • Victor Rodriguez, Police Chief, McAllen • Sean Snyder, Fire Chief, Edinburg • Melinda Ramos, Attorney, Fort Worth • Mark Latham, Houston • Roderick Sanchez, San Antonio • Vance Kemler, General Manager of Solid Waste Service, Denton • Mark Vincent, Police Sergeant, Irving • Dalton Gregory, Councilmember, Denton • Jeff Caldwell, City Administrator, Martindale • Lorraine Harrison, Mayor, Martindale • A.J. Mathieu, Councilmember, Joshua While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. 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. Town Council 223 of 231 Meeting Date: April 4, 2011 1 March 25, 2011 Number 12 A NEW STRATEGY ON ATTACKING MUNICIPAL ANNEXATION AUTHORITY: DIVIDE AND CONQUER? A local annexation with statewide ramifications. That’s what one city’s annexation process has become. The City of College Station has been in the process of annexing an area in its extraterritorial jurisdiction for the last year. The citizens of the area have unsuccessfully attempted a charter-based referendum and sued the city to stop it from annexing. (The courts concluded that the lawsuit had no merit and that the city can move forward.) But that’s not the end of the story. State Representative Fred Brown (R- Bryan) introduced legislation that would stop the city in its tracks. His bill, H.B. 107, would prohibit the cities of Bryan and College Station from annexing an area with 50 or more inhabitants unless the persons to be annexed approve the annexation through a popular vote. The bill would, in effect, end the ability of those cities to annex populated areas. While the bill is bracketed to two cities, the League strongly opposes it. That’s because, rather than applying the consistent and reasonable annexation process in current law, the bill sets a dangerous precedent. State legislators routinely inserting themselves into the local annexation process could lead to a slippery slope on which annexations may eventually become impossible. DON’T MISS THE LEAGUE’S 2011 LEGISLATIVE WORKSHOPS The League is pleased to offer live and online seminars regarding the 2011 legislative session:  Online on April 15.  Online on May 13.  Live in Austin on June 27. Please go to www.tml.org and click on “Training.” Town Council 224 of 231 Meeting Date: April 4, 2011 2 Why is annexation authority so important? In Texas, unlike most other states, cities (city taxpayers) pay for a wide array of services and facilities that benefit entire regions of the state and the state as a whole. Those on the outskirts take advantage of those services, but don’t help support them. Most states assist their cities with financial aid in making these expenditures. In lieu of state aid, Texas law allows cities to annex territory to support the financial well-being of the state. That’s why the League testified on H.B. 107, a “bracketed bill.” Limiting annexation authority is bad for the economy of individual cities, entire regions, and the state as a whole. To view the League’s brief testimony in the House Committee on Land and Resource Management on March 22, go to http://www.wwwebinars.com/LUVideo3-22/LUVideo2.swf. According to Rep. Brown, “The Texas Municipal League is very powerful in the state and they fight hard to make sure that cities can go out and annex whoever they want to without the permission of the local residents...this is why we made it only for Brazos County...so that we would have a much better chance of getting it passed in the legislation [sic].” If legislators believe that the League will always leave bracketed bills relating to annexation alone, they are incorrect. The fact that the City of College Station has provided for ample public input and has followed the law relating to annexation is important, but not the main issue. The main issue is that broad limitations on annexation have failed to pass, and Texas cities must stand together to oppose bracketed bills because they may become the preferred method of challenging annexations. BILLBOARD HEARING ILLUMINATES REAL PURPOSE OF PROPOSED EMERGENCY DIGITAL DISPLAYS The Senate Committee on Transportation and Homeland Security held a hearing on S.B. 971 last week. The bill would require the placement of at least 200 digital billboards in cities across Texas under the guise of providing “emergency information” to citizens. (Last week’s Legislative Update reported on the bill as well at http://www.tml.org/leg_updates/legis_update031811f_electronic_billboards.asp.) However, the true purpose of the bill came to light in the hearing. A representative of a newly created organization, the Texas Emergency Network (TEN), spoke in favor of the bill. He was questioned about the purpose of the bill and why TEN was created. He admitted that the sole purpose of creating the organization was to lobby for the passage of S.B. 971. Why? So TEN could bid on the highly lucrative job of placing digital displays that, as stated by TEN, would likely display commercial advertising for all but four days a month. To see legislators take the TEN representative to task, go to http://www.wwwebinars.com/LUVideo3-22/Transportation.swf. Town Council 225 of 231 Meeting Date: April 4, 2011 3 NEW TXDOT BILLBOARD RULES TO BE DISCUSSED AT MARCH COMMISSION MEETING The Texas Transportation Commission will discuss proposed state outdoor advertising (billboard) rules on March 31, 2011, at 9:00 a.m. at 125 East 11th Street in Austin. The Texas Department of Transportation (TxDOT), the League, sign companies, scenic interests, and others have collaborated on these rules for months. The main focus of the rules is to strengthen enforcement, increase fees, and provide consistency between primary and rural road programs. The proposed changes would most impact the cities that have an agreement with TxDOT to be “certified” to regulate signs on state highways in their city limits. The rules would require those cities to provide annual reports to TxDOT and to engage in conferences with TxDOT, but only if the city wishes to remain certified. One new proposal that may prove useful to cities requires that electronic sign owners allow local authorities to post emergency information on their signs. The new rules also would allow electronic signs to have back-to-back electronic faces. To read the proposed rules, go to ftp://ftp.dot.state.tx.us/pub/txdot-info/row/proposed_rules_033111.pdf. SIGNIFICANT COMMITTEE ACTIONS H.B. 12 (Solomons), Relating to the enforcement of state and federal laws governing immigration by certain governmental entities. Reported from the House Committee on State Affairs. As reported, the bill would provide that: (1) a city may not adopt a rule, order, ordinance, or policy under which the city prohibits the enforcement of state or federal laws relating to immigration; (2) a city may not prohibit a person employed by or otherwise under the direction of the city from: (a) inquiring into the immigration status of a person who is arrested or lawfully detained; (b) sending information to, or receiving information from, United States Citizenship and Immigration Services or United States Immigration and Customs Enforcement, or exchanging information with another federal, state, or local governmental entity, in regard to the immigration status of a person lawfully detained or arrested; (c) assisting a federal immigration officer as needed; or (d) permitting a federal immigration officer to conduct enforcement activities at a municipal jail; (3) a city may not receive state grant funds if it adopts a rule, order, ordinance, or policy prohibiting the enforcement of state or federal laws relating to immigration, or prohibits of enforcement of the laws by consistent action; (4) a city may not receive state grant funds in the fiscal year following the year in which a final judicial determination in an action brought under this bill is made that the city intentionally prohibited the enforcement of state and federal laws relating to immigration; (5) the attorney general may file a petition for a writ of mandamus or other appropriate equitable relief in Travis County or in a county in which the city’s principal office is located to compel a city to comply with (1), above, upon valid complaint by a citizen residing in the jurisdiction of the city; and (6) an appeal of a suit described in (5), above, is governed by the rules for accelerated appeals in civil cases. Town Council 226 of 231 Meeting Date: April 4, 2011 4 H.B. 234 (Otto), Relating to liability for interest on ad valorem taxes on improvements that escaped taxation in a previous year. Reported from the House Committee on Ways and Means. H.B. 258 (Gonzalez), Relating to the amount of the state traffic fine. Reported from the House Committee on Transportation. As reported, the bill would increase the amount of the “state traffic fine” on convictions in municipal court from $30 to $45. H.B. 345 (Kleinschmidt), Relating to limitations on awards in an adjudication brought against a local governmental entity for breach of contract. Reported from the House Committee on Judiciary and Civil Jurisprudence. H.B. 670 (Crownover), Relating to the elimination of smoking in certain workplaces and public places. Reported from the House Committee on Public Health. As reported, this bill would: (1) preempt and supersede a local ordinance, rule, or regulation adopted by any political subdivision relating to smoking; but (2) provide that, to the extent that a local ordinance, rule, or regulation adopted by a political subdivision prohibits or restricts smoking to a greater degree than the bill, the ordinance, rule, or regulation is not preempted or superseded. H.B. 904 (Thompson), Relating to court costs imposed on conviction and deposited to the municipal court building security fund. Reported from the House Committee on Judiciary and Civil Jurisprudence. H.B. 993 (Rodriguez), Relating to the closure of a road or highway by certain firefighters. Reported from the House Committee on Transportation. H.B. 1844 (Guillen), Relating to storage of local government records by the Texas State Library and Archives Commission. Reported from the House Committee on Culture, Recreation, and Tourism. S.B. 18 (Estes), Relating to the use of eminent domain authority. Voted from the House Committee on Land and Resource Management. (Note: The final committee substitute of this bill is not yet available. Future issues of the Legislative Update will have a detailed summary of the language that is reported from the committee.) S.B. 86 (Nelson), Relating to municipal contracts for enforcement of outstanding traffic violation arrest warrants. Reported from the Senate Intergovernmental Relations Committee. S.B. 360 (Fraser), Relating to the composition and use of money in the rural water assistance fund. Reported from the Senate Natural Resources Committee. S.B. 519 (Hegar), Relating to the period during which a motion for a new trial in a criminal proceeding in a justice or municipal court must be made. Reported from the Senate Jurisprudence Committee. As reported, the bill would extend the period after the rendition of judgment and sentence in municipal court during which a motion for new trial must be made from one to five days. Town Council 227 of 231 Meeting Date: April 4, 2011 5 S.B 766 (Estes), Relating to regulation and enforcement of laws affecting sport shooting ranges. Reported from the Senate Agriculture and Rural Affairs Committee. (For more information on this bill, please go to http://www.tml.org/leg_updates/legis_update031811g_shooting_range.asp.) SIGNIFICANT FLOOR ACTIONS S.B. 160 (Williams), Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality. Passed the Senate. S.B. 173 (West), Relating to civil remedy of violations of certain municipal health and safety ordinances. Passed the Senate. S.B. 181 (Shapiro), Relating to the reporting of water conservation measures by municipalities and water utilities. Passed the Senate. S.B. 244 (Patrick), Relating to the continuing education requirements for certain peace officers. Passed the Senate. S.B. 309 (Harris), Relating to the events eligible to receive funding through a major events trust fund. Passed the Senate. S.B. 316 (Whitmire), Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition. Passed the Senate. S.B. 350 (Williams), relating to the restructuring of fund obligations and accounts of the Texas Municipal Retirement System and related actuarial and accounting procedures. Passed the Senate. S.B. 361 (Duncan), relating to indemnification provisions in construction contracts. Passed the Senate. As passed by the Senate, the bill would essentially eliminate “broad form” indemnification in construction contracts by, among other things, providing: (1) that a provision in a construction contract, or in an agreement collateral to or affecting a construction contract, is void and unenforceable as against public policy to the extent that it requires an indemnitor to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim caused by the negligence or fault, the breach or violation of a statute, ordinance, governmental regulation, standard, or rule, or the breach of contract of the indemnitee, its agent or employee, or any third party under the control or supervision of the indemnitee, other than the indemnitor or its agent, employee, or subcontractor of any tier; (2) for an exception to (1), above, for a provision in a construction contract that requires a person to indemnify, hold harmless, or defend another party to the construction contract or a third party against a claim for the bodily injury or death of an employee of the indemnitor, its agent, or its subcontractor of any tier; (3) that provision in a construction contract that requires the purchase of additional insured Town Council 228 of 231 Meeting Date: April 4, 2011 6 coverage, or any coverage endorsement or provision within an insurance policy providing additional insured coverage, is void and unenforceable to the extent that it requires or provides coverage the scope of which is prohibited for an agreement to indemnify, hold harmless, or defend; (4) for certain exclusions from (1), above; and (5) that the provisions of the bill may not be waived by contract or otherwise. S.B. 370 (Seliger), Relating to the authority of the Texas Water Development Board to provide financial assistance for certain projects if the applicant has failed to complete a request for information relevant to the project. Passed the Senate. S.B. 396 (Deuell), Relating to the state fire marshal's investigation of the death of a firefighter who dies in the line of duty or in connection with an on-duty incident. Passed the Senate. CITY-RELATED BILLS FILED H.B. 3623 (Darby) – Transportation: would provide, among other things, that: (1) the Texas Transportation Commission by rule shall establish a process to certify environmental specialists, public involvement specialists, engineers, and attorneys to work on all documents related to state and federal environmental review processes; (2) the certification process must require continuing education for recertification and be available to Texas Department of Transportation employees, private contractors, and local government employees who routinely work with the department relating to state or federal environmental review processes; (3) the commission by rule shall set standards for processing an environmental review document for a transportation project; (4) each person who prepares or submits a document for review by the department (an engineer, consultant, or attorney) must hold a valid certificate issued by the department; (5) before the department may process an environmental review document a detailed scope of the project must be prepared; (6) if a city prepares an environmental review document for a project, the department shall make a determination whether the documents are administratively complete and ready for technical review not later than the 20th day after receiving them; and (7) a city may submit an environmental review document for a transportation project only if: (a) the transportation project is contained in the approved state transportation improvement program; or (b) the transportation project is contained in the unified transportation program, another statewide transportation plan, the applicable metropolitan transportation plan, or an applicable rural transportation plan. H.B. 3823 (Thompson) – Emergency Operators: would: (1) require an employer of emergency operators, including a city, to provide 24 hours of crisis communications training approved by the Texas Commission on Law Enforcement Officer Standards and Education before the first anniversary of the operators first day of employment; and (2) allow the commission to adopt rules regarding employment, training, education and competence of emergency operators. S.B. 1602 (Seliger) – Sales Tax: would require a person to apply for and obtain an exemption number from the comptroller in order to qualify for a sales tax exemption for certain agricultural items. (Companion bill is H.B. 268 by Hilderbran.) Town Council 229 of 231 Meeting Date: April 4, 2011 7 S.B. 1850 (Van de Putte) – Cruelty to Animals: would: (1) authorize a city animal control officer who has reason to believe an animal is being cruelly treated to seize the animal in place by allowing the animal to remain with the owner in lieu of impoundment, but prohibiting the owner from moving or disposing of the animal; (2) give the owner of an animal the right to request a jury trial, in lieu of a hearing, in a justice or municipal court to determine whether the animal has been cruelly treated; (3) provide that an owner divested of ownership of an animal for cruelly treating the animal may perfect an appeal by paying an appeal bond in an amount determined to be the approximate actual cost anticipated for housing and caring for the impounded pet; (4) require the court hearing the appeal described in (3), above, to consider the matter de novo not later than the tenth calendar day after the date of notice of appeal and payment of bond; (5) provide that in relation to the appeal described in (3), above, the owner of the animal does not have to file a motion for a new trial to perfect the appeal; and (6) authorize a county court of a court of law to hear an appeal described in (3), above, notwithstanding any other law. S.B. 1884 (Wentworth) – Specialty and Personalized License Plates: would: (1) make various changes to the law regarding the marketing, hosting, and sale of specialty and personalized license plates; (2) authorize a city that receives money related to the issuance of professional sports team license plates to contract with a private vendor to distribute the city’s portion of the money in a manner other than to the credit of a venue project fund, to retire public debt incurred in the construction or acquisition of professional sport team facility, or to maintain or improve such a facility; (3) authorize the Texas Department of Motor Vehicles to contract with a private vendor for the vendor to host all or some of the specialty license plates on the vendor’s website, process the purchase of specialty license plates hosted on the vendor’s website and pay additional transaction costs, and share in the personalization fee for the license plates hosted on the vendor’s website; and (4) provide that the state’s portion of the personalization fee may not be less than $40 for each year issued. S.J.R. 4 (Hinojosa) – Texas Water Development Board Bonds: would authorize the Texas Water Development Board to issue general obligation bonds for one or more accounts of the Texas Water Development Fund II, with certain restrictions. CITY OFFICIALS TESTIFY When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the Capitol. City officials who take their time to travel to Austin to speak out on important city issues should be applauded by us all. Among the city officials who recently testified in front of legislative committees are the following:  Robert Cluck, Mayor, Arlington, and TML President  Rick Douglas, President, Clifton Economic Development Corporation Town Council 230 of 231 Meeting Date: April 4, 2011 8  Horatio Porter, Budget Officer, Fort Worth  Mike Lester, Interim Director of Finance, Baytown  Clayton Chandler, City Manager, Mansfield  Ed Van Eno, Budget Officer, Austin  Maria Villagomez, Budget Director, San Antonio  Bret Starr, Budget Administrator, Irving  Danny Scarth, Mayor Pro Tem, Fort Worth  Maria Villagomez, Budget Director, San Antonio  Marcus Norris, City Attorney, Amarillo  Barry Robinson, Human Resources Director, Greenville  Jane Mehrens, Human Resources Manager, Brenham  Lisa Norris, Human Resources Director, Grand Prairie  Mark Israelson, Assistant City Manager, Plano  Art Acevedo, Police Chief, Austin  Ted Shen, Police Department, Dallas  Russell Jones, City Councilmember, Sugarland  Sam Mezayek, City Councilmember, Tyler  Jason Wright, City Councilmember, Tyler  William Cecil, Mayor, Rockwall  Julie Couch, City Manager, Rockwall  Joey Dunn, Deputy City Manager, Bryan  Jason Struebe, Assistant to the City Manager, College Station  Robert Franke, Mayor, Cedar Hill  Rick Stopfer, Council member, Irving  John Cabrales, Denton  David Morgan, Assistant City Manager, Richardson  Suzanne De Leon, Mayor, Balcones Heights While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed your testimony or the testimony of another official in your city, please contact us at the following e-mail address, and we will include your name in the next edition of the TML Legislative Update: testify@tml.org. 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. Town Council 231 of 231 Meeting Date: April 4, 2011