Agenda Packet TC 03/07/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, March 7, 2011
Call to order and announce a quorum.
WORKSHOP SESSION - 6:00 P.M.
1.2011-112-T Discussion of Council Retreat scheduled for Friday, March 11, 2011.
2.2011-113-T Introduction and discussion regarding management's internal action log.
3.2011-98-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for March 7, 2011.
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME 7:00 P.M.
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."
PRESENTATION
4.2011-101-T Chief Kniffen to present awards and commendations to Police Department personnel.
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.
Town Council 1 of 106 Meeting Date: March 7, 2011
March 7, 2011Town Council Meeting Agenda
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
5.2011-77-T Consider and take appropriate action regarding the Minutes dated February 7, 2011.
February 7, 2011 Regular Session Minutes.pdfAttachments:
6.2011-99-T Consider and take appropriate action regarding the Minutes dated February 24, 2011.
February 24, 2011 Regular Session Minutes.pdfAttachments:
7.2011-100-T Consider and take appropriate action regarding necessary amendments to financial
institution documents naming authorized representatives on First Financial Bank and
TexPool signature accounts.
REGULAR SESSION
8.2011-102-T Consider and take appropriate action regarding a Proclamation proclaiming March 20 -
26, 2011 as Poison Prevention Week.
PRO 2011-01 Poison Prevention Week.pdfAttachments:
9.2011-91-T Consider and take appropriate action regarding an Ordinance amending Article VIII,
"Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations"
and also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and
Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation
Board to serve as the Tree Board, providing duties and responsibilities to be performed
by the Parks and Recreation Board; removing all references to the Tree Board as a
separate Board; and providing an effective date.
ORD 2011-06 Combine Tree Board and Park Board.pdfAttachments:
10.2011-111-T Consider and take appropriate action regarding an Ordinance of the Town amending
the FY 2010-2011 Budget (Budget Amendment No. 3) making a transfer of
appropriations for the purpose of obtaining furniture and fixture improvements needed
for the Svore Municipal Building; and providing an effective date.
ORD 2011-09 Budget Amendment No 3 - Transfer of Salary savings to Furniture-Equipment.pdf
Furniture Equipment Construction Spreadsheets.pdf
Attachments:
11.2011-105-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas designating funds for the purpose and intent of funding
future capital maintenance and expense; and providing an effective date.
RES 2011-05 - Fund Balance.pdfAttachments:
Town Council 2 of 106 Meeting Date: March 7, 2011
March 7, 2011Town Council Meeting Agenda
12.2011-114-T Consider and take appropriate action regarding a Resolution of the Town of Trophy
Club, Texas supporting Tarrant County in its efforts to promote obesity prevention; and
providing an effective date.
RES 2011-06 - Supporting Tarrant Co Obesity Prevention.pdfAttachments:
13.2011-73-T Consider and take appropriate action regarding approval of the Final Design of a
Roundabout at the intersection of Trophy Club Drive and Trophy Lake Drive,
authorizing the Town Manager to approve minor design changes and directing the
Town Manager to provide a funding plan for the project for Council approval.
Staff Report - Roundabout - TC Feb 24 2011.pdf
Roundabout - Final Design.pdf
Attachments:
14.2011-106-T Town Manager Slye's update regarding the following; discussion of the same.
- PID Disbursement Presentation
- Update on Elevated Water Tower
- Update on Safe Routes to School Project
- Update on Independence East and Freedom Park
15.2011-107-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same:
- Tarrant Regional Family Justice Center Vision Meeting
- March 1, 2011 Chamber Luncheon
- March 1, 2011 Town Hall Meeting
16.2011-108-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.
EXECUTIVE SESSION
17.2011-109-T Council to convene into executive session pursuant to Texas Government Code,
Annotated, Subchapter 551, Section 551.071 "Consultation with Attorney" to consult
with the Town Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflict with the Texas Open Meetings Act:
A. Legal advice regarding the Town's maintenance bond claim with Travelers Casualty
and Surety Company of America
RECONVENE INTO REGULAR SESSION
18.2011-110-T Consider and take appropriate action regarding the Executive Session.
Town Council 3 of 106 Meeting Date: March 7, 2011
March 7, 2011Town Council Meeting Agenda
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
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 Thursday, March 3, 2011 by
9:00 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 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-112-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/3/2011 Town Council
On agenda:Final action:3/7/2011
Title:Discussion of Council Retreat scheduled for Friday, March 11, 2011.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of Council Retreat scheduled for Friday, March 11, 2011.
Town Council 5 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-113-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:3/3/2011 Town Council
On agenda:Final action:3/7/2011
Title:Introduction and discussion regarding management's internal action log.
Attachments:
Action ByDate Action ResultVer.
Title
Introduction and discussion regarding management's internal action log.
Town Council 6 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-98-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
March 7, 2011.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 7, 2011.
Town Council 7 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-101-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Chief Kniffen to present awards and commendations to Police Department personnel.
Attachments:
Action ByDate Action ResultVer.
TITLE
Chief Kniffen to present awards and commendations to Police Department personnel.
EXPLANATION:
This is the annual awards and commendations presentation to Police personnel.
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 # 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:
No action is required by Council on this item.
Town Council 8 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-77-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:2/24/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding the Minutes dated February 7, 2011.
Attachments:February 7, 2011 Regular Session Minutes.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Minutes dated February 7, 2011.
Explanation
The minutes state presentations are included in the minutes. This packet does not include the presentations; the
presentations will be included in the permanent minute file when posted online.
Town Council 9 of 106 Meeting Date: March 7, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, February 7, 2011 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, February 7,
2011. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
JD Stotts Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Kathy Dubose Finance Director
Carolyn Huggins Community Development Director
Mayor White announced the date of February 7, 2011; called the meeting to order and announced a
quorum at 6:09 p.m.
WORKSHOP SESSION - 6:00 P.M.
1. 2011-47-T Discussion of Code of Ethics and Conduct Ordinance posted on the Regular Session
Council Agenda for February 7, 2011.
Mayor White led the Council through the proposed Ordinance page by page. Council continued
reviewing the document and making changes throughout the workshop.
Council took a short break and reconvened into Regular Session.
2. 2011-48-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for February 7, 2011.
CONVENE INTO REGULAR SESSION - START TIME 7:17 P.M.
Mayor White announced the absence of Council member Stotts.
The Invocation was offered by Council member Strother.
The Pledges were led by Fire Chief Danny Thomas.
Town Council 10 of 106 Meeting Date: March 7, 2011
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.
No citizen presentations were made.
PRESENTATIONS
3. 2011-52-T Presentation from Baylor Regional Medical Center President Doug Lawson on
Hospital and Health Care Updates; discussion of same.
President Doug Lawson thanked both Council and Staff for their support of the Town. Mr. Lawson
provided Baylor Hospital and Health Care Updates and addressed questions from the Council.
4. 2011-58-T Presentation of the first quarter report for 2010-2011 fiscal year through December
2010: discussion of same.
Finance Director Kathy DuBose presented Council with the FY 2010-2011 first quarter report and
answered questions from the Council.
Presentation included in the minutes.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Request made by Mayor Pro Tem Rose to remove agenda item 7 from the consent agenda.
5. 2011-49-T Consider and take appropriate action regarding the Minutes dated January 3, 2011.
6. 2011-50-T Consider and take appropriate action regarding the Council Retreat Minutes dated
January 7, 2011.
Motion made by Council member Strother, seconded by Mayor Pro Tem Rose, to approve consent
agenda items 5 and 6 as presented. Motion carried unanimously without further discussion.
7. 2011-51-T Consider and take appropriate action regarding the Minutes dated January 17, 2011.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother to approve consent
agenda item 7 as amended. Motion carried unanimously without further discussion.
REGULAR SESSION
8. 2011-40-T Consider and take appropriate action regarding granting a Special Privilege Request
to the Trophy Club Women's Club to hold two Community Garage Sale Events in 2011. Applicant:
Rebecca Freed on behalf of Trophy Club Women's Club.
Town Council 11 of 106 Meeting Date: March 7, 2011
Community Development Director Carolyn Huggins stated that Planning & Zoning Commission met
earlier today and voted unanimously to recommend approval of this request.
Motion made by Mayor Pro Tem Rose seconded by Council member Cantrell, to grant a Special Privilege
Request for the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2011 on the
dates of Saturday, March 26, 2011 and Saturday, October 8, 2011 and to waive the $25 event fee. Motion
carried unanimously without further discussion.
9. 2011-53-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club, Texas, amending the Code of Ordinances of The Town by adding Article XVII entitled “Code
of Ethics and Conduct” to Chapter 1 entitled “Administration” of the Code of Ordinances by
adopting an Ethics Policy, establishing an Ethics Commission, and providing for the disposition
of alleged violations; providing a penalty; and providing an effective date.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance
2011-03 Code of Ethics and Conduct.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover, to amend Section 17.06 (J)
to include independent legal counsel or Town Attorney. Motion carried unanimously without further
discussion.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to amend Section 17.06
(A) and 17.06 (B). Mayor Pro Tem Rose removed his second.
Council member Hoover restated his motion, seconded my Council member Cantrell, to amend Section
17.06 (A) to read “An Ethics Review Commission (Commission) is hereby established to be composed of
three (3) members and two (2) alternate members, all of whom shall reside in the Town” and Sections B,
C and F changed to support Section A.
Mayor Pro Tem Rose clarified that the verbiage “majority vote” is included in the wording.
Motion carried unanimously without further discussion.
Motion made by Mayor Pro Tem Rose, seconded Council member Hoover to amend Section 17.06 (B).
Motion carried unanimously without further discussion.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover to amend Section 17.06 (C)
to state Position 1’s term to expire in 2012, Position 2’s term to expire in 2013 and Position 3 and the
alternates’ term to expire in 2014. Motion carried unanimously without further discussion.
Motion made by Mayor Pro Tem Rose, seconded by Council member Hoover to amend Section 17.06 (F)
to read three (3) members of the Commission shall constitute a quorum, and no action of the Commission
shall be of any force or effect unless it is adopted by the favorable vote of two (2) or more members.
Motion carried unanimously without further discussion.
Motion made by Council member Hoover, seconded by Council member Strother to amend Section 17.07
(J), Paragraph 2 to replace “evidence properly admitted in the record” with “testimony presented”. Motion
carried unanimously without further discussion.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose to amend Section 17.07 (J),
Paragraph 2 to include “Parties to the proceeding may present testimony and”. Motion carried
unanimously without further discussion.
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose, to amend Section 17.07 (J)
Paragraph 3 to remove the word “such” from sentence 1 and to rewrite sentence 3 to read “Additionally,
Town Council 12 of 106 Meeting Date: March 7, 2011
the Commission may administer oaths and affirmations and make take testimony at the final hearing.”
Motion carried unanimously without further discussion.
Motion made by Council member Hoover, seconded by Council member Cantrell to amend Section 17.11
(A) to read after ($500.00) “for each offense,” and strike the remainder of the proposed sentence. Motion
carried unanimously without further discussion.
Mayor Pro Tem Rose amended the main motion, seconded by Council member Hoover, to include the
amendments that have been voted upon. Motion carried unanimously.
10. 2010-691-T Consider and take appropriate action regarding an Ordinance of the Town of
Trophy Club, Texas amending the FY 2010-2011 Budget of the Town of Trophy Club, Texas;
providing for the incorporation of premises; providing for an amendment to appropriate funds
needed to pay engineering costs related to capital improvements at Harmony Park (Budget
Amendment No. 1 making a supplemental appropriation in accordance with the Town Charter);
providing a savings and repealer clause; providing for severability; providing for engrossment
and enrollment; and providing an effective date.
In 2007, the Town of Trophy Club issued $474,000 in bonds for capital improvements at Harmony Park.
During the construction of the improvements, the scope of the project was expanded to substantially
increase the parking lot from the original plan. The expansion required additional design and construction
engineering which caused an overage in the original cost estimate. This budget amendment appropriates
an additional $35,800 for engineering services provided for that project. This budget amendment provides
the necessary appropriation to address the additional engineering costs.
Motion made by Council member Strother, seconded by Council member Hoover, to approve Ordinance
2011-04, increasing the budget on the Harmony Park Project by $35,800.
Motion made by Mayor Pro Tem Rose to amend the motion to include the revised amended Exhibit A.
Council member Strother amended his original motion, seconded by Mayor Pro Tem Rose, to include the
revised Exhibit A, which states the funds will be appropriated from the Town’s General Fund balance.
Motion carried unanimously.
11. 2011-54-T Consider and take appropriate action regarding an Ordinance of the Town of Trophy
Club, Texas amending the FY 2010-2011 Budget of the Town of Trophy Club, Texas; providing for
the incorporation of premises; providing for an amendment to appropriate revenue as needed to
pay increased costs of Denton County Police dispatch services provided to the Town (Budget
Amendment No. 2 making a supplemental appropriation in accordance with the Town Charter);
providing a savings and repealer clause; providing for severability; providing for engrossment
and enrollment; and providing an effective date.
This ordinance amends the FY 2010-2011 Town budget by increasing the appropriations for developer
fee revenue to offset the cost of an intergovernmental communications and dispatch agreement with
Denton County.
The Town’s current budget was estimated in anticipation of fewer Highlands Neighborhoods being
developed than those which were actually brought forward in November 2010. The additional developer
fees exceeding the annual budget estimate. This budget amendment ordinance updates the current year
revenue budget for developer fees to appropriate a portion of the amount received in excess of the
original budget by $31,766 to pay the costs of the intergovernmental agreement with Denton County.
Town Council 13 of 106 Meeting Date: March 7, 2011
Motion made by Mayor Pro Tem Rose, seconded by Council Member Hoover, to approve Ordinance
2011-05 Budget Amendment No. 2. Motion carried unanimously without further discussion.
12. 2011-55-T Consider and take appropriate action regarding an Interlocal Cooperation
Agreement between Denton County and the Town of Trophy Club for participation in a Shared
Governance Communication and Dispatch Services System; authorizing the payment of a fee not
to exceed $31,766 for the costs of those services for the term of the Agreement; authorizing the
Mayor or her designee to execute necessary documents and providing an effective date.
Denton County Sheriff’s Office provides dispatch services for police, fire, and EMS agencies throughout
Denton County. There is a need to increase staffing at the sheriffs office in order to provide additional
services to these agencies. This interlocal agreement will provide for a service fee to be paid by the Town
of Trophy Club to Denton County for the dispatch services provided.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve the 2010-11
Combined Communications Contract in the amount of $31,766 with the amendment that on item 3, Term
of Agreement where it states “The initial term of this Agreement shall be for a one year period beginning
March 1, 2011 and ending on September 30, 2011.” The words “one year” be struck.
Council member Strother removed his second; Mayor Pro Tem Rose removed his primary.
Motion made by Mayor Pro Tem Rose, seconded by Council member Strother, to approve the 2010-11
Combined Communications Contract not to exceed $31,766.
Motion carried unanimously.
13. 2011-56-T Consider and take appropriate action regarding a Resolution approving the
execution of a Participation Agreement between the Town and the Standing Steering Committee
comprised of cities served by Oncor Electric Delivery Company; Designating the Town Manager
as the Representative for the Town; Authorizing the Town Manager to execute the Participation
Agreement; and providing an effective date.
Motion made by Mayor Pro Tem Rose, seconded by Council Member Cantrell, to approve Resolution
2011-02. Motion carried unanimously without further discussion.
14. 2011-57-T Consider and take appropriate action regarding a Resolution suspending the
February 14, 2011 effective date of Oncor Electric Delivery Company's requested rate change to
permit the Town to study the request and establish reasonable rates; approving cooperation with
the Steering Committee of Cities served by Oncor; retaining legal and consulting services to
negotiate with Oncor; and providing an effective date.
Motion made by Council Member Cantrell, seconded by Mayor Pro Tem Rose, to approve Resolution
2011-03 suspending the February 14, 2011 effective date of Oncor Electric Delivery Company's
requested rate change. Motion carried unanimously without further discussion.
15. 2011-59-T Consider and take appropriate action regarding the regularly scheduled Town
Council meeting of Monday, February 21, 2011.
Motion made by Council Member Cantrell, seconded by Council member Hoover, to move the regularly
scheduled meeting from Monday, February 21, 2011 to Thursday, February 24, 2011. Motion carried
unanimously without further discussion.
Town Council 14 of 106 Meeting Date: March 7, 2011
16. 2011-61-T Town Manager Slye's update regarding the following; discussion of the same.
- Storm Report
- Council Retreat Reschedule Update
- Local Election Filing Period Update
- Drainage Study Update
Town Manager Slye updated the Council and answered questions.
No action taken, update only.
17. 2011-62-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same.
Mayor White gave a brief update of the meetings she attended since the last Council meeting.
No action taken, update only.
18. 2011-63-T Receive Mayor Pro Tem Rose's liaison report regarding the January 18, 2011
TCMUD No. 1 Meeting; discussion of same.
- Water Conservation
- Future Water Storage
- Rate Order Modification
Mayor Pro Tem Rose updated the Council and answered questions.
No action taken, update only.
19. 2011-64-T Items for Future Agendas.
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.
No changes were made to the Future Agenda Items list.
ADJOURN
Motion made by Council member Hoover, seconded by Mayor Pro Tem Rose to Adjourn.
Meeting adjourned at 9:54 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 15 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-99-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:
Title:Consider and take appropriate action regarding the Minutes dated February 24, 2011.
Attachments:February 24, 2011 Regular Session Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated February 24, 2011.
Explanation
The minutes state presentations are included in the minutes. This packet does not include the presentations; the
presentations will be included in the permanent minute file when posted online.
Town Council 16 of 106 Meeting Date: March 7, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Thursday, February 24, 2011 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Thursday, February 24,
2011. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
JD Stotts Council Member
Glenn Strother Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Kathy DuBose Finance Director
Michael Aguilera Chief Budget Analyst
Adam Adams Parks and Recreation Director
Mayor White announced the date of February 24, 2011; called the workshop to order and announced a
quorum at 6:02 p.m.
WORKSHOP SESSION
1. 2011-75-T Discussion of the Fund Balance agenda item posted on the Regular Session Council
Agenda for February 24, 2011.
Finance Director Kathy DuBose presented the Council with the Town’s Fund Balance history since
September 30, 2007 and addressed questions from Council.
Presentation included in the minutes.
2. 2011-76-T Discussion of agenda items posted for consideration on the Regular Session
Council Agenda for February 24, 2011.
Mayor Pro Tem Rose referred to agenda item 6 and shared his concern regarding the possibility the
Town could lose its Tree City, USA recognition.
Staff had requested a letter from the Arbor Day Foundation to clarify that if the Parks and Recreation
Board absorbed the Tree Board stating that it would not affect the Tree City, USA recognition. Rose
asked Council to delay action until we receive the letter from the Arbor Day Foundation.
Town Council 17 of 106 Meeting Date: March 7, 2011
Council took a short break and reconvened into Regular Session.
CONVENE INTO REGULAR SESSION - START TIME 7:07 P.M.
The Invocation was offered by Finance Director Kathy DuBose.
The Pledges was led by Parks and Recreation Director Adam Adams.
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.
No citizen presentations were made.
3. 2011-78-T Consider and take appropriate action regarding the Audit and Financial Report
dated September 30, 2010.
The Town’s independent auditor, Weaver, LLP, completed the annual audit of the comprehensive annual
financial report for the Town of Trophy Club as of and for the year ended September 30, 2010 and
rendered an ‘unqualified opinion’. They have also issued a report dated February 24, 2010 on their
consideration of the Town’s internal controls over financial reporting and their tests of compliance with
certain provisions of laws, regulations, contracts, and grants.
John DeBurro of Weaver and Tidwell presented the Council with the Comprehensive Annual Financial
Report (CAFR) and audit report. DeBurro spoke to the report on internal control over financial reporting
and on compliance and other matters based on an audit of financial statements performed in accordance
with Governmental Auditing Standards.
Finance Director Kathy DuBose presented the Council with Financial Highlights from September 30, 2011
and addressed questions.
Motion made by Council member Strother, seconded by Council member Hoover, to accept the Audit and
Financial Report dated September 30, 2010 as presented. Motion carried unanimously without further
discussion.
Presentation included in the minutes.
Mayor White moved to agenda item 8 forward:
8. 2011-72-T Consider and take appropriate action regarding an Agreement for Professional
Services with Freese and Nichols to conduct a drainage analysis of the Town in an amount not
to exceed $87,900.00, and authorizing the Town Manager to execute all necessary documents.
Town Manager Slye introduced Kelly Dillard with Freese and Nichols. Dillard walked the Council through
a presentation of creating a Storm Water Master Plan and addressed questions.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts, to approve an agreement for
Professional Services with Freese and Nichols to conduct a drainage analysis of the Town in an amount
not to exceed $87,900.00 and authorizing the Town Manager to execute all necessary documents. Motion
carried unanimously without further discussion.
Town Council 18 of 106 Meeting Date: March 7, 2011
Presentation included in the minutes.
Mayor White moved to agenda item 9 forward:
9. 2011-74-T Consider and take appropriate action regarding the award of bid for the
construction of an Elevated Water Storage Tank, apparent low bidder Phoenix Fabricators and
Erectors, in an amount not to exceed $1,234,929, and authorizing the Town Manager to
execute necessary documents.
Town Manager Slye reminded Council that at the last Joint Session with Trophy Club Municipal District,
they took action to give him direction to pursue the rebidding of the half million gallon tank, elevated tower
that was originally bid in 2008 by Jacobs Engineering.
Slye introduced Jim Wiegert with Jacobs Engineering to review the bids received, address questions from
Council, and give his recommendation.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to award a bid for the
construction of an Elevated Water Storage Tank to apparent low bidder Phoenix Fabricators and
Erectors, in an amount not to exceed $1,234,929 and authorizing the Town Manager to execute
necessary documents.
Council member Strother stated he cannot support this motion, he does not believe an analysis was done
on future capacity of elevated storage of what this Town really needs. The Town had options at the time
to explore alternate bids to look at million and a half gallon storage tanks. Unfortunately, we have two
governmental entities that cannot get along. Looking at future expansions of this Town and taking into
consideration the possibility of simultaneous shutdowns, the Town only has one water feed, we do not
have enough capacity of storage, especially elevated. The cycle analysis of the 400,000 gallon storage
tank, at peak times, has only 20 percent capacity. Should we lose water pressure and power and have
an event, such as a fire at one of the schools, we will not have enough water pressure or capacity to put
the fire out.
Mayor White requested that Council member Strother not leave the impression that the entities are not
working together, because she believes they have. The big concern now is if the Town does not move
forward with this tank, which has already been significantly delayed, the Town could very well have the
situation Council member Strother described because the Town does not have the capacity.
Town Manager Slye shared that Council member Strother shared his concerns early on and Slye
discussed with Wiegert. Wiegert began redesigning the bid with a larger tank, but could not finish
because every change increased the cost. Due to the financial constraints, Slye decided not to bring
back to the Council and ask for additional funds.
Wiegert stated that the actual tank design was done in 2008. In 2007, Jacobs did an analysis of the
water model. The school, The Highlands Development, and existing storage was included in the analysis
and the recommendation was a 500,000 gallon elevated storage tank.
Mayor Pro Tem Rose shared the MUD is satisfied that the Town has adequate storage.
Council member Stotts called the question; vote carried unanimously.
Motion carried 5:1:0 with Mayor and Council members Rose, Stotts, Cantrell, and Hoover voting for and
Council member Strother voting against.
Mayor White moved agenda item #5 forward:
5. 2011-83-T Receive annual report from the Park Board; discussion of the same.
Town Council 19 of 106 Meeting Date: March 7, 2011
David Abdulky, Dave Glaser, and Kathy Trotter of the Parks and Recreation Board presented the Council
with highlights of Trophy Club Park Master Plan.
Council thanked the Parks and Recreation Board for the information and expressed their appreciation for
their time and effort.
Update only, no action taken.
Presentation included in the minutes.
4. 2011-79-T Consider and take appropriate action regarding a future Fund Balance Position.
Town Manager Slye explained this is an opportunity for Council to set aside and ‘designate’ funds for a
special purpose and is asking Council for direction based on the financial planning and performance of
the last fiscal year and projections for this fiscal year.
Motion made by Mayor White, seconded by Council member Cantrell, to set aside $108,000 as was
budgeted in the Town’s prior budget for future capital maintenance.
Stotts had a concern regarding what the funds will be set aside for and question if the unrestricted fund
balance percentage would be affected.
Council member Stotts called the question; vote carried unanimously.
Motion carried 4:2:0 with Mayor White and Council members Rose, Cantrell and Strother voting for and
Council members Stotts and Hoover voting against.
6. 2011-91-T Consider and take appropriate action regarding an Ordinance amending Article VIII,
"Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and
also amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of
the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the
Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation
Board; removing all references to the Tree Board as a separate Board; and providing an
effective date.
Mayor White expressed that this Ordinance will allow the Parks and Recreation Board to absorb the Tree
Board.
Motion made by Mayor Pro Tem Rose, seconded by Council member Stotts to table this agenda item
until the next meeting or when the Town receives the letter from the Arbor Day Foundation. Motion
carried unanimously without further discussion.
7. 2011-90-T Consider and take appropriate action regarding an Ordinance amending Chapter 1
of the Code of Ordinances, "Administration", Article VIII, "Schedule of Fees" by amending
various Planning and Zoning fees, Animal Control Fees, Emergency Medical Services Billing
Fees, Parks and Recreation fees, by combining Parks and Recreation and Pool fees into a new
Section, renumbering Sections; and providing an effective date.
Council discussed each proposed change to the schedule of fees:
Planning & Zoning Department - Increase fee for Conditional Use Permit from $200 + $15/acre to
$300 + $15/acre to match the fee required to apply for a Specific Use Permit. The amount of review
time and consideration for a conditional use permit is the same as for a specific use permit.
Animal Control-
Town Council 20 of 106 Meeting Date: March 7, 2011
o Section 8.06 - Animal Control Subsection C(F)(e)(e) for transport fee increase from $10 to $30
o Impound fee decrease from $30 a day to $10 a day.
o Section 8.06 - Animal Control Subsection G – eliminate fees
EMS - These changes are required to maintain compliance with Medical Protocols and adjust for
dramatic increase in pharmacy cost. The mileage cost calculations in increments of 10th of a mile are
to maintain compliance with federal regulation for billing Medicare patients.
Parks and Recreation - Several pool fees have been changed in order to more correctly address
family memberships, create a residential pool guest pass, new rental fees to allow for a greater
utilization of the facility and reduced nonresident costs to foster a better relationship with our
neighboring cities. Trophy Club Park regular entry fees are being reduced to encourage more resident
attendance to the park and also to encourage regional visitation to the park.
Motion made by Council member Strother, Seconded by Council member Stotts, to approve Ordinance
2011-07 as amended. Motion carried unanimously.
10. 2011-94-T Consider and take appropriate action regarding appointing one Council member to
be a non-voting liaison to the 2010 Citizen of the Year Committee.
The Citizen of the Year Committee met on Thursday, February 10, 2011 and asked Council to appoint
one Council member (non-voting) to the Committee to help keep the Town Council informed of the
Committee's actions. Most of the communication will be through email, the Committee is scheduled to
meet again the week of March 28, 2011 to begin reviewing nominations.
Motion made by Council member Cantrell, seconded by Council member Stotts, to appoint Mayor Pro
Tem Rose to be a non-voting liaison to the 2010 Citizen of the Year Committee. Motion carried
unanimously without further discussion.
11. 2011-84-T Consider and take appropriate action regarding a Resolution approving the
submission of a grant application for the Crime Impact Officer Program for Fiscal Year 2011-
2012; authorizing the Town Manager or his designee to execute necessary documents; and
providing an effective date.
This resolution supports the grant application process and does not obligate the Town to accept the grant
funding if awarded.
Motion made by Council member Cantrell, seconded by Council member Hoover, to approve Resolution
2011-04 approving the submission of a grant application for the Crime Impact Officer Program for Fiscal
Year 2011-2012 as presented. Motion carried unanimously without further discussion.
12. 2011-92-T Consider and take appropriate action regarding the annual Citizen Contact Report
submitted by Chief Kniffen.
Police Chief Kniffen stated the Citizen Contact Report, sometimes referred to as the Racial Profiling
Report, is required by state law to be submitted to the governing body of the Town by March 1st of each
year.
Input only, No action taken.
13. 2011-82-T Consider and take appropriate action regarding the regularly scheduled Town
Council meeting of Monday, May 16, 2011.
Town Council 21 of 106 Meeting Date: March 7, 2011
Motion made by Council member Stotts, seconded by Council member Cantrell, to move the Regularly
Scheduled meeting of Monday, May 16, 2011 to Monday, May 23, 2011. Motion carried unanimously
without further discussion.
14. 2011-81-T Consider and take appropriate action regarding an ordinance of the Town Council of
the Town of Trophy Club, Texas, 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; designating a polling place within the Town; providing for the appointment of a presiding
election judge and an alternate presiding election judge; establishing other procedures for
conducting the election; establishing a date for canvassing returns; providing for necessary
actions; providing a Joint Election Agreement with Denton County; providing a Joint Election
Agreement with Tarrant County; providing a cumulative clause; providing a severability
clause; providing for publication; providing for engrossment and enrollment; and providing an
effective date.
A. Approve a Joint Election Contract with Denton County
The Citizen Petition for the Legalization of the sale of all alcoholic beverages for off-premise consumption
only was filed with the Town Secretary on Friday, January 21, 2011, with 1140 signatures.
The minimum requirement for placing this item on the May 14, 2011 Ballot is 992 signatures. This figure is
based on the requirement of 35 percent of the registered votes in the political subdivision who voted in
the most recent gubernatorial election for an election on any other local option ballot issue:
Denton County Voters - 2717
Tarrant County Voters - 117
Total number of voters in the November 2010 Gubernatorial Election - 2834
35% of 2834 = 991.9 voters
997 valid signatures were validated; the Citizen Petition for the Legalization of the sale of all alcoholic
beverages for off premise consumption only is VALID.
Motion made by Council member Hoover, seconded by Council member Stotts, to approve Ordinance
2011-08. Motion carried unanimously without further discussion.
15. 2011-89-T Consider and take appropriate action regarding financial and variance report dated
January 2011.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve the financial
and variance report dated January 2011. Motion carried unanimously without further discussion.
16. 2011-85-T Town Manager Slye's update regarding the following; discussion of the same.
- Trophy Club Commons Site Plan Update
- Finance Director and Public Relations Manager Positions Update
- UNT MPA Conference, February 25, 2011
Town Manager Slye updated the Council and addressed questions.
No action taken, update only.
17. 2011-93-T Town Council Liaison Updates and discussion of same:
- EDC 4B, January 24, 2011 - Council member Strother
- MUD No. 1, February 15, 2011 - Mayor Pro Tem Rose
Town Council 22 of 106 Meeting Date: March 7, 2011
- Ground Storage Tanks
- Fire Communication Plan
- Water Conservation
- Parks and Recreation Board, February 15, 2011 - Council member Hoover
Council liaisons gave a brief update of the meetings and addressed questions.
No action taken, update only.
18. 2011-86-T Mayor and Council Updates regarding training opportunities, educational sessions,
and regional meetings; discussion of same:
- Northwest Communities Partnership Monthly Meeting
- Neighbor Helping Neighbor
- Elected Officials Conference
- Water Conservation Meeting
- Metroport Cities Partnership
- Transportation Summit
- Denton County Mayor's Roundtable Luncheon
- Ribbon Cutting
- 35W Coalition Quarterly Meeting
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting.
No action taken, update only.
19. 2011-87-T Items for Future Agendas.
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.
Council member Stotts asked that Items 6 and 8 be removed from the list.
Mayor Pro Tem Rose asked that item 7 be removed.
Council member Strother asked that an item be added asking Staff to explore the process to be able to
have Economic Development Corporation 4B perform the actions it is intended to do and asked if
Economic Development Corporation 4A and 4B could combine.
Mayor White asked that an item be included regarding a Sustainability/Conservation Committee be
created to include a “Going Green” program.
ADJOURN
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose to Adjourn.
Meeting adjourned at 11:07 p.m.
___________________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 23 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-100-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Consider and take appropriate action regarding necessary amendments to financial institution
documents naming authorized representatives on First Financial Bank and TexPool signature
accounts.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding necessary amendments to financial institution documents naming
authorized representatives on First Financial Bank and TexPool signature accounts.
EXPLANATION:
First Financial - Removing Kathy DuBose and adding Michael Aguilera, Interim Finance Director.
TexPool - Removing Kathy DuBose and Lisa Hennek and adding Mike Slye, Shannon DePrater, and Michael Aguilera
and naming Michael Aguilera as contact person.
TOWN COUNCIL GOAL:
Goal #5: Financial and Operational Stewardship
Implement strong financial management standards
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Approve amendment to ensure proper financial internal controls are implemented and employed in accordance with
general auditing standards.
Town Council 24 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-102-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Consider and take appropriate action regarding a Proclamation proclaiming March 20 - 26, 2011 as
Poison Prevention Week.
Attachments:PRO 2011-01 Poison Prevention Week.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Proclamation proclaiming March 20 - 26, 2011 as Poison Prevention
Week.
EXPLANATION:
The Town received a memo from the North Texas Poison Center requesting that March 20 - 26, 2011 be proclaimed as
“Poison Prevention Week” in Trophy Club.
TOWN COUNCIL GOAL:
Goal #1: Safe and secure community.
Provide superior Emergency Services
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval of the attached proclamation.
Town Council 25 of 106 Meeting Date: March 7, 2011
TOWN OF TROPHY CLUB
PROCLAMATION 2011-01
49th Annual Observation of Poison Prevention Week - March 20-26, 2011
WHEREAS, our society has become increasingly dependent on household
chemicals to perform labor-saving, time-saving miracles; and on medicine to provide
health-giving, life-sustaining benefits.
WHEREAS, these products, when not used as intended or directed, may be
hazardous, particularly if children gain access to them.
WHEREAS, over the past 49 years, the nation has been observing Poison
Prevention Week to call attention to these hazards and how proper handling and
disposal of these substances and proper use of safety packaging can help eliminate
them.
WHEREAS, the efforts of our community organizations, complimented by the
efforts of the North Texas Poison Center have reduced childhood poisonings in Trophy
Club, Texas.
WHEREAS, the North Texas Poison Center, a regional poison center, located at
Parkland Memorial Hospital, provides the ultimate in human service programming,
immediate, accessible emergency information to save lives of victims of poison-related
emergencies, and
WHEREAS, these programs must continue as long as even one child swallows a
household product or medicine by mistake.
NOW THEREFORE, I Connie White, Mayor of the Town of Trophy Club, do
hereby proclaim the week of March 20-26, 2010, as poison prevention week in this
Town. Further, I direct the appropriate agencies in our local government to
continue their cooperation with concerned citizens and community organization,
including our schools, to develop programs which will alert our people to the
continued danger of misusing medicines and household products and to promote
effective safeguards against accidental poisonings among young children.
PROCLAIMED THIS THE 7TH DAY OF MARCH 2010.
_______________________________ ________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 26 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-91-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:2/24/2011
Title:Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree
Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also amending
Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the Code of
Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree Board,
providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all
references to the Tree Board as a separate Board; and providing an effective date.
Attachments:ORD 2011-06 Combine Tree Board and Park Board.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree Preservation and Removal" of
Chapter 12, "Subdivision Rules and Regulations" and also amending Article I, "Parks and Recreation Board" of Chapter
9, "Parks and Recreation" of the Code of Ordinances in order to authorize the Parks and Recreation Board to serve as
the Tree Board, providing duties and responsibilities to be performed by the Parks and Recreation Board; removing all
references to the Tree Board as a separate Board; and providing an effective date.
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
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.
Town Council 27 of 106 Meeting Date: March 7, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ARTICLE VIII ENTITLED “TREE PRESERVATION AND REMOVAL”, OF
CHAPTER 12 ENTITLED “SUBDIVISION RULES AND REGULATIONS”,
AND AMENDING SECTION 1.03 ENTITLED “POWERS AND DUTIES OF
THE BOARD” OF ARTICLE I ENTITLED “PARKS AND RECREATION
BOARD” OF CHAPTER 9 ENTITLED “PARKS AND RECREATION” OF
THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS TO
ARTICLE I ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE
PARKS AND RECREATION BOARD SERVING AS TREE BOARD AND
AMENDMENTS TO ARTICLE VIII AUTHORIZING THE PARKS AND
RECREATION BOARD TO SERVE AS THE TREE BOARD, AND
REMOVING REFERENCES TO A SEPARATE TREE BOARD; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”) is a
home rule municipality empowered to do all acts and make all regulations which may be
necessary or expedient for the promotion of the public health, safety and general welfare;
and
WHEREAS, the Tree Board voted unanimously to disband and allow the Parks and
Recreation Board to assume its duties upon Council approval; and
WHEREAS, the Parks and Recreation Board agreed to assume the duties of the
Tree Board upon Council approval and create a sub-committee addressing the specific
areas of the Tree Board subsequent to that approval; and
WHEREAS, the new duties assigned to the Parks and Recreation Board would allow
staff to focus on this area in a more efficient manner; and
WHEREAS, the Town Council finds it appropriate to adopt the amendments as
proposed.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
Town Council 28 of 106 Meeting Date: March 7, 2011
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are true and correct and are hereby incorporated in the
body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENTS
2.01. Section 8.02 entitled “Tree Board” of Article VIII, entitled Tree Preservation and
Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”, of the Code of
Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section
8.02 entitled “Park Board to Serve as Tree Board”, of Article VIII of Chapter 12 shall be
adopted and shall be and read in its entirety as follows:
Section 8.02 Parks and Recreation Board to Serve as Tree Board
A. Role of Parks and Recreation Board: The Parks and Recreation Board shall serve as
the Tree Board for the Town (the “Board”).
B. Duties and Responsibilities: It shall be the responsibility of the Board to:
1. Determine cash value for a tree replacement;
2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
3. Develop and approve tree lists;
4. Inform and develop an informational tree pamphlet; and
5. Hear appeals.
6. Annually develop a written plan, in conjunction with the Town Manager or his
designee for the care, preservation, trimming, planting, replanting, removal, or
disposition of trees and shrubs in public ways, streets, alleys, and parks. Such
plan will be presented annually to the Town Council and upon acceptance and
approval, shall constitute the official comprehensive Tree Plan for the Town. The
Town Manager or his designee shall be charged with carrying out the plan.
2.02 In each of the following Sections and Subsections of Article VIII entitled “Tree
Preservation and Removal”, of Chapter 12 entitled “Subdivisions Rules and Regulations”,
the term “Tree Board” shall be replaced by the term “Board” and the remainder of those
Sections and Subsections shall not be amended but shall be and read the same:
Section 8.04 (A), Section 8.05 (C), Section 8.06(A)(1), Section 8.07(A) (1) and
Town Council 29 of 106 Meeting Date: March 7, 2011
(A)(2), Section 8.08(C)(1)(c), Section 8.08 (G), Section 8,09(A)(6), Section
8.10(A)(2),Section 8.10 (B)(2)(b),(c) and (d), and Section 8.12.
2.03 Section 1.03 entitled “Powers and Duties of the Board” of Article I entitled “Parks
And Recreation Board” of Chapter 9 entitled “Parks and Recreation” of the Code of
Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new
Section 1.03 entitled “Powers and Duties of the Board” of Article I of Chapter 9 of the Code
of Ordinances is hereby adopted and shall be and read in its entirety as follows:
Section 1.03 POWERS AND DUTIES OF THE PARKS AND RECREATION
BOARD
A.
The Parks and Recreation Board shall have the following powers and perform the
following duties:
1. Advisory Capacity to Council: The Board shall act principally in an advisory
capacity to the Town staff and the Town Council in all matters pertaining to
parks and recreation, shall acquaint itself with and make a continuous study of
the complete parks and recreation services of the Town; and shall advise the
staff and Town Council from time to time as to the present and future policies,
maintenance, operation, planning, acquisition, development, and enlargement
of the Town parks and recreation services. The Board shall also have such
authority as designated to it by Town Ordinance.
2. Study and Development of Recreation and Recreation Areas: The Board shall
study and encourage the development of parks and recreation areas and the
development of recreation for all residents of the Town.
3. Advisory Capacity to the Director: It shall advise The Board on problems of
development of recreation areas, facilities, programs and improved recreation
services.
4. Recommend Standards: It shall recommend the adoption of standards for
areas, facilities, programs and financial support for parks and recreation
purposes.
5. Advise on Long-Range Parks and Recreational Capital Improvement Programs:
The Board shall advise and recommend to the Parks and Recreation Director
the development of long-range capital improvement programs, and when the
need exists for additional park and recreational facilities, the Board shall make
appropriate recommendation to the Town Council. It may also recommend the
acquisition of additional parks, park and recreational equipment and supplies.
6. Solicitations: The Board may solicit grants, on behalf of the Parks and
Recreation Board; provided however, that the acceptance of any such grant is
subject to the approval and acceptance of Town Council.
Town Council 30 of 106 Meeting Date: March 7, 2011
7. Cooperative Opportunities: The Board may cooperate with other governmental
agencies, civic organizations and all citizens of the Town in the advancement of
sound parks and recreation planning and programming.
8. Amendments to Ordinance: The Board may, from time to time, recommend to
the Town Council amendments to this Ordinance.
9. Reports: The Board shall, through its Chairperson or his/her designee, make
an oral and written report semi-annually to the Town Council concerning its
activities during the past year and its proposals for the coming year.
10. Budget: The Board shall review the proposed budget for the Parks and
Recreation Department, and make any recommendations to the Parks and
Recreation Director deemed necessary. The Board is not authorized to add,
delete or change in any way the budget as prepared by the Parks and
Recreation Director.
11. Additional Rules: The Board shall have authority to adopt such additional rules
that are not in conflict with this ordinance that it deems necessary to carry the
purpose and intent of this ordinance, subject to Town Council approval.
12. Actions of Board As a Unit. No action of any individual member(s) is authorized
except as approved by the Board. Only the Board acting as a whole shall
exercise the powers and duties of the Board.
B.
The Parks and Recreation Board shall serve as the Tree Board for the Town with
those Duties and Responsibilities set forth in Article 8, “Tree Preservation and
Removal” of Chapter 12, “Subdivision Rules and Regulations” of the Code of
Ordinances of the Town, as amended.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances, whether codified or uncodified, 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 any such Ordinance on the date of adoption of
this Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
Town Council 31 of 106 Meeting Date: March 7, 2011
SECTION 4.
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 or unconstitutionality and
that such remaining portions shall remain in full force and effect.
SECTION 5.
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 in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 6.
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.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 24th day of
February, 2011
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 32 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-111-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/1/2011 Town Council
On agenda:Final action:3/7/2011
Title:Consider and take appropriate action regarding an Ordinance of the Town amending the FY 2010-
2011 Budget (Budget Amendment No. 3) making a transfer of appropriations for the purpose of
obtaining furniture and fixture improvements needed for the Svore Municipal Building; and providing
an effective date.
Attachments:ORD 2011-09 Budget Amendment No 3 - Transfer of Salary savings to Furniture-Equipment.pdf
Furniture Equipment Construction Spreadsheets.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance of the Town amending the FY 2010-2011 Budget (Budget
Amendment No. 3) making a transfer of appropriations for the purpose of obtaining furniture and fixture improvements
needed for the Svore Municipal Building; and providing an effective date.
EXPLANATION:
Salary savings have accumulated within the Town Manager’s Office Budget due to position vacancies during the first and
second fiscal quarters. The Administration and Public Services Buildings need remodeling and updating for items such as
painting, dry-wall repair, renovation for better staff efficiency and effectiveness, and furniture to replace broken pieces. A
transfer of appropriation is requested to cover expenses associated with furniture and fixture improvements. The MUD
has agreed to split some of the renovation/remodel costs as well as furniture. An expense breakdown is attached as back
-up.
TOWN COUNCIL GOAL(S):
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:
Approve budget amendment to transfer appropriation from salaries and wages to furniture and equipment in the amount
of $34,486 to utilize savings associated with position vacancies for needed improvements.
Town Council 33 of 106 Meeting Date: March 7, 2011
TOWN OF TROPHY CLUB
ORDINANCE NO. 2011-09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2010-2011 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET
AMENDMENT NO. 3 MAKING A TRANSFER OF APPROPRIATIONS IN
ACCORDANCE WITH THE TOWN CHARTER); PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2010-2011 Budget was
adopted within the time and in the manner required by State Law; and
WHEREAS, in that Budget, the Town Council appropriated funds for expenses
related to the costs of salaries and wages in the General Fund; and due to position
vacancies in the Manager’s Office salary savings have accumulated; and
WHEREAS, a portion of these savings may be used to cover unanticipated
furniture, fixture, and remodel improvements needed for Administration and Public
Service buildings totaling $34,486; and
WHEREAS, this amendment transfers $34,486 of the salary savings
appropriated for the Town Manager’s Office to the Town Manager’s Office furniture and
equipment appropriation; and
WHEREAS, Section 9.06(d) of the Town Charter provides for transfer of
appropriations within the General Fund; and
WHEREAS, the Town Council finds that in the foregoing circumstances,
appropriations are necessary and therefore determines it appropriate to approve this
Ordinance making a transfer of appropriation of $34,486 as Amendment No. 3 to the FY
2010-2011 Budget as more specifically set forth in Exhibit “A”, attached hereto and
incorporated herein; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds
and determines that it is prudent to amend the FY 2010-2011 Budget as set forth in
Exhibit “A”; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds
that the amendment, as set forth in Exhibit “A”, will serve the public interest; and
Town Council 34 of 106 Meeting Date: March 7, 2011
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2010-2011 Budget is hereby
amended to fund the line items as stated in Exhibit “A”, a copy of which is attached
hereto and incorporated herein. This Amendment No. 3 (Exhibit “A”) to the Original
Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2010-2011 shall be
attached to and made part of the Original Budget by the Town Secretary and shall be
filed in accordance with State Law. This Ordinance is hereby adopted and shall
constitute the third budget amendment that has occurred since the October 1, 2010
effective date of the Town’s Fiscal Year 2010-2011 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2010-2011 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
SECTION 4.
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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Town Council 35 of 106 Meeting Date: March 7, 2011
SECTION 5.
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 6.
EFFECTIVE DATE
This Ordinance shall take 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 the 7th day of March, 2011.
_______________________________
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
_______________________________
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
[SEAL]
_______________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 36 of 106 Meeting Date: March 7, 2011
Exhibit “A”
Town of Trophy Club
Budget Amendment No. 3
Fiscal Year 2010‐2011 General Fund Transfer of Appropriations from Salaries and
Wages to Furniture and Equipment Purchases in the amount of $34,486 for
Administration and Public Services building furniture, fixtures, and remodeling.
Original Budget Amendment Amended Budget
Expenditure:
Salaries and Wages $ 341,486 $ 34,486 $ 307,000
Expenditure:
Furniture and Equipment $ ‐0‐ $ 34,486 $ 34,486
Town Council 37 of 106 Meeting Date: March 7, 2011
Furniture - Town Only $13,135.91
Furniture - Town/MUD Split $4,347.58
Remodeling Costs $17,002.50
TOTAL $34,485.99
Furniture - Town/MUD Split $4,347.58
Remodeling Costs $8,937.50
TOTAL $13,285.08
TOWN
MUD
Town Council 38 of 106 Meeting Date: March 7, 2011
Qty Description List Color List Price Price Each Ext. Price
Subtotal $0.00
Town Manager
1 Conference Table 42" Round $1,289.00 Chocolate Patina $1,289.00 $477.24 $477.24
1 Double Bookcase $1,857.00 Chocolate Patina Finish $1,857.00 $687.54 $687.54
1 Executive Desk 72x36 $2,442.00 Chocolate Patina Finish $2,442.00 $954.12 $954.12
1 Kneehole Credenza 72x24 $2,044.00 Chocolate Patina Finish $2,044.00 $796.76 $796.76
1 Two Drawer Lateral File $975.00 Chocolate Patina Finish $975.00 $360.99 $360.99
Subtotal $3,276.65
Assistant Town Manager
2 Guest Chair with Wood Frame $814.00 Black Leather/Chocolate Patina Frame $649.00 $341.37 $682.74
1
Executive L Desk-Right
Return $3,141.00 Chocolate Patina Finish $3,141.00 $1,192.92 $1,192.92
1 Two Drawer Lateral File $975.00 Chocolate Patina Finish $975.00 $360.99 $360.99
1 Double Bookcase $1,857.00 Chocolate Patina Finish $1,857.00 $687.54 $687.54
Subtotal $2,924.19
Community Development Director
1 Bookcase with File $1,741.00 Chocolate Patina Finish $1,741.00 $694.58 $694.58
Subtotal $694.58
PS Conference Room
1 Presentation Board $1,101.00 Mahogany $1,101.00 $508.56 $508.56
1 Storage Conference Credenza $1,378.00 Mahogany with All Wood Doors $1,378.00 $636.50 $636.50
1 12' Corsica Conference Table $4,298.00 Mahogany Top & Base/Black Beveled Edge $4,298.00 $1,995.26 $1,995.26
2 Power/Data Module $716.00 Table Inputs for data/voice/power $716.00 $1,432.00 $1,432.00
1 Clock $75.00 $75.00 $75.00 $75.00
0 Framed Maps/Aerials $600.00 Frame Town maps, zoning, aerials $600.00 $600.00 $600.00
Subtotal $5,247.32
Small Conference Room
1
Conference Table 8'
Rectangle $2,036.00 Chocolate Patina $2,036.00 $793.81 $793.81
6 Black Conference Chairs Black $100.00 $600.00
1 Vizio 37" Television $565.00 Vizio Television 37"$629.99 $565 $565.00
1 Polycom (ebay used)$150.00 Conference Call Voice Unit (ebay used)$150.00 $150.00 $150.00
1 Power/Data Module $716.00 Table Inputs for data/voice/power $716.00 $716.00 $716.00
1 VGA Cable $50.00 Video Monitor - Laptop Connection Cord $50.00 $50.00 $50.00
1 Television Mount $50.00 Mount Television to Wall $50.00 $50.00 $50.00
Subtotal $2,924.81
Breakroom
1 42" Round Table Arched Base $472.00 Dark Mahogany/Black Base/Black Edge $472.00 $222.19 $222.19
4 All Wood Chair $237.00 Legion Blue Fabric/Mahogany Frame $139.00 $119.40 $477.60
1 Television Mount $50.00 Mount Television to Wall $50.00 $50.00 $50.00
Subtotal $749.79
Finance Director
1
Computer L-Desk- Right
Return $2,266.00 Medium Oak $2,266.00 $1,152.27 $1,152.27
2
Guest Chair
StandardUpholstery $436.00 Avon Navy Fabric/Medium Frame $229.00 $189.15 $378.30
1 End Table $266.00 Medium Oak $266.00 $156.11 $156.11
1 5 Drawer File $759.00 Black $759.00 $759.00 $759.00
Subtotal $2,445.68
Streets Director & Crew Leader
1 Single Pedestal Desk $495.00 Mahogany Top $495.00 $495.00 $495.00
Subtotal $495.00
Information Services
1 Whiteboard Marker Board $200.00 Office Depot $200.00 $200.00 $200.00
1 Projector Screen $175.00 Office Depot $175.00 $175.00 $175.00
Subtotal $375.00
SUBTOTAL $19,133.02
Installation $1,098.00
Delivery $1,600.04
$21,831.06
OFFICE REMODEL/UPDATE
Town Portion $17,002.50
MUD Portion $8,937.50
REMODEL TOTAL $25,940.00
$47,771.06
$34,485.99
MUD PORTION $13,285.08
FURNITURE TOTAL
TOWN PORTION
GRAND TOTAL FURNITURE & REMODEL
OFFICE RENOVATION/REMODEL & FURNITURE
Town Council 39 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-105-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of
Trophy Club, Texas designating funds for the purpose and intent of funding future capital
maintenance and expense; and providing an effective date.
Attachments:RES 2011-05 - Fund Balance.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas
designating funds for the purpose and intent of funding future capital maintenance and expense; and providing an
effective date.
EXPLANATION:
Follow-up to Council’s discussion on setting aside funds for future capital needs. Resolution has been prepared to
designate $108,000 of unreserved fund balance for future capital maintenance and expenses.
TOWN COUNCIL GOAL(S):
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.
Town Council 40 of 106 Meeting Date: March 7, 2011
TOWN OF TROPHY CLUB
RESOLUTION NO. 2011-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS DESIGNATING FUNDS FOR THE PURPOSE AND INTENT OF
FUNDING FUTURE CAPITAL MAINTENANCE AND EXPENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to designate
the sum of One Hundred and Eight Thousand Dollars ($108,000.00) of Undesignated and
Unencumbered Fund balance for the purpose and intent of funding future capital maintenance
and expenses; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to designate
these funds in anticipation of future capital maintenance and expenses; and
WHEREAS, the Town Council has determined that designating $108,000.00 to fund
future capital maintenance and expenses is a fiscally responsible action that serves the best
interests of the Town and its residents.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS THAT:
Section 1. The foregoing premises, which are hereby found to be true and to be in
the best interest of the Town of Trophy Club and its citizens, are hereby adopted.
Section 2. The Council hereby designates $108,000 of Unencumbered and
Undesignated Fund balance for the purpose and intent of funding future capital maintenance
and expenses.
Section 3. This Resolution shall become effective and be in full force and effect from
and after the date of passage and adoption by the Town Council of the Town of Trophy Club,
Texas.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the
7th day of March, 2011.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Council 41 of 106 Meeting Date: March 7, 2011
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 42 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-114-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/3/2011 Town Council
On agenda:Final action:3/7/2011
Title:Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas
supporting Tarrant County in its efforts to promote obesity prevention; and providing an effective date.
Attachments:RES 2011-06 - Supporting Tarrant Co Obesity Prevention.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas supporting Tarrant
County in its efforts to promote obesity prevention; and providing an effective date.
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 43 of 106 Meeting Date: March 7, 2011
TOWN OF TROPHY CLUB
RESOLUTION NO. 2011-06
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS SUPPORTING TARRANT COUNTY IN ITS EFFORTS TO
PROMOTE OBESITY PREVENTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the cost of health care spending attributable to obesity for the State of
Texas is estimated at over $5.7 billion; and
WHEREAS, Heart Disease, Cancer, and Cardiovascular Diseases are the top three
causes of death in Tarrant County and each includes obesity as a primary risk factor; and
WHEREAS, an estimated 28.2% of adults and 19% of children in Tarrant County are
obese; and
WHEREAS, increased physical activity and greater access to nutritious foods are key
interventions to preventing or reducing obesity; and
WHEREAS, only 47.4% of adults in Tarrant County meet the US Department of Health
and Human Services recommendations for physical activity; and
WHEREAS, only 25.7% of adults in Tarrant County consume 5 or more servings of fruits
and vegetables per day;
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS THAT:
The Council hereby request that the 2011 Texas Legislature review all physical activity
and access to nutritious foods legislation thoughtfully and deliberately with the intention of
increasing physical activity and nutritious food access for children and adults.
FURTHER, that we are resolved to pledge our own support in the development of
organizational and municipal policies which address the need for increased physical activity and
access to nutritious foods at home, work, school, and in the community.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the
7th day of March, 2011.
Mayor, Connie White
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Council 44 of 106 Meeting Date: March 7, 2011
Town Secretary, Shannon DePrater
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney, Patricia A. Adams
Town of Trophy Club, Texas
Town Council 45 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-73-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/15/2011 Town Council
On agenda:Final action:3/7/2011
Title:Consider and take appropriate action regarding approval of the Final Design of a Roundabout at the
intersection of Trophy Club Drive and Trophy Lake Drive, authorizing the Town Manager to approve
minor design changes and directing the Town Manager to provide a funding plan for the project for
Council approval.
Attachments:Staff Report - Roundabout - TC Feb 24 2011.pdf
Roundabout - Final Design.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding approval of the Final Design of a Roundabout at the intersection of
Trophy Club Drive and Trophy Lake Drive, authorizing the Town Manager to approve minor design changes and directing
the Town Manager to provide a funding plan for the project for Council approval.
EXPLANATION:
Requesting council action to approve the final design of the proposed Roundabout at Trophy Club Drive and Trophy Lake
Drive in order to facilitate the design specifications and bidding of the proposed project. Additionally, authorize the Town
Manager to approve minor design changes as necessary and to direct the Town Manager to provide Town Council with a
funding plan for this project for Town Council approval.
TOWN COUNCIL GOAL(S):
Goal #4: Picturesque Town
Maintain neat and tidy appearance
Improve property maintenance standards
Be recognized for our aesthetics
Goal #5: A community in which the infrastructure supports its residents
Develop a realistic Capital Improvement Plan
Build a premier parks system
Attracts visitors to park destinations
Provide necessary resources to maintain all improvements, new and existing
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Approve as presented the final design of the proposed Roundabout at the intersection of Trophy Club Drive and Trophy
Lake Drive. Approval is required to provide necessary time to bid the project in time to begin construction as soon as
possible after the school year is complete.
Town Council 46 of 106 Meeting Date: March 7, 2011
TOWN COUNCIL
STAFF REPORT
February 24, 2011
Roundabout
Intersection of
Trophy Lake Dr. & Trophy Club Dr.
SUBJECT: Consider and take appropriate action to approve a final design
of a Roundabout at the Intersection of Trophy Lake Drive and
Trophy Club Drive.
On November 15, 2010, Council approved a preliminary design of a roundabout
for the intersection of Trophy Lake Drive and Trophy Club Drive. The final design
is now complete and presented to Council for their consideration and approval to
proceed to bidding of the project.
RECOMMENDATION: A motion to approve the final design of the roundabout
and approval to proceed to bidding of the project.
Town Council 47 of 106 Meeting Date: March 7, 2011
Town Council
4
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-106-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
- PID Disbursement Presentation
- Update on Elevated Water Tower
- Update on Safe Routes to School Project
- Update on Independence East and Freedom Park
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of the same.
- PID Disbursement Presentation
- Update on Elevated Water Tower
- Update on Safe Routes to School Project
- Update on Independence East and Freedom Park
Town Council 49 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-107-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same:
- Tarrant Regional Family Justice Center Vision Meeting
- March 1, 2011 Chamber Luncheon
- March 1, 2011 Town Hall Meeting
Attachments:
Action ByDate Action ResultVer.
TITLE
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same:
- Tarrant Regional Family Justice Center Vision Meeting
- March 1, 2011 Chamber Luncheon
- March 1, 2011 Town Hall Meeting
Town Council 50 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-108-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council 51 of 106 Meeting Date: March 7, 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 communication plan (Cantrell,
11/15/2010)
8. Consider and take appropriate action regarding Planning & Zoning readiness if
Local Option Election Petition is successful. (Cantrell, 1/3/11)
9. Explore the feasibility of combining the EDCs and improved ways of expending
EDC funds. (Strother, 2/24/2011)
10. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
Town Council 52 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-109-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
Title:Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.071 "Consultation with Attorney" to consult with the Town Attorney on a
matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflict with the Texas Open Meetings Act:
A. Legal advice regarding the Town's maintenance bond claim with Travelers Casualty and Surety
Company of America
Attachments:
Action ByDate Action ResultVer.
TITLE
Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section
551.071 "Consultation with Attorney" to consult with the Town Attorney on a matter in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Texas Open Meetings Act:
A. Legal advice regarding the Town's maintenance bond claim with Travelers Casualty and Surety Company of America
Town Council 53 of 106 Meeting Date: March 7, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-110-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/28/2011 Town Council
On agenda:Final action:3/7/2011
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 54 of 106 Meeting Date: March 7, 2011
Supplemental
Information
Town Council 55 of 106 Meeting Date: March 7, 2011
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February 25, 2011
Number 8
BRACKETED LEGISLATION:
ANNEXATION AND DRAINAGE FEE EXEMPTIONS
Legislators often file “bracketed” legislation (legislation that applies to only one or a small
number of cities) to address what they perceive as “local concerns.” The League’s policy with
regard to bracketed bills is, in part, that “TML will oppose bracketed legislation when requested
by the affected city or cities[, but t]he League will not expend on that legislation the same level
of effort it expends on bills that would negatively affect all or many cities…”
League staff does not summarize bracketed legislation in the Legislative Update, but does inform
affected cities when possible. In practice, those cities are usually already well aware of the
legislation.
However, from time to time, rumors of the expansion of bracketed legislation to additional cities
or to all cities warrant mentions of the bills. Two examples from this session relate to annexation
authority and municipal drainage fee exemptions:
• Annexation Authority – H.B. 107 (Brown): This bill is bracketed to the City of
College Station. It provides that the city may not annex an area with 50 or more
inhabitants unless: (1) the city holds an election in the area to be annexed; and (2) a
majority of the votes received at the election favor the annexation. Some have heard that
the bill may be amended in the House Urban Affairs committee to apply to every city.
Town Council 59 of 106 Meeting Date: March 7, 2011
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The League’s general position is to “oppose legislation that would erode municipal
annexation authority.”
• Municipal Drainage Fee Exemptions – H.B. 1143 (Gonzales), H.B. 1289
(Gonzalez)/S.B. 609 (Rodriguez), H.B. 1022 (Dutton)/S.B. 714 (Patrick): These bills
are bracketed either to El Paso or Houston (although the Houston bills appear to be
flawed in their population bracket). They would exempt various entities – such as
municipal housing authorities, religious organizations, and non-profit organizations –
from municipal drainage fees. (Note: During the 2003 legislative session, lawmakers
exempted state agencies and public institutions of higher education from the requirement
to pay drainage fees. In addition, despite the League’s efforts and the efforts of several
cities, the omnibus water bill passed during the 2007 legislative session contained a
provision that exempts private institutions of higher education from paying the fees.) The
League’s general position is to “oppose legislation that would exempt any entity from
paying municipal drainage fees.”
The League is in communication with city officials in the affected cities and will inform the
membership immediately if the applicability of the bills is expanded.
HOUSE SUBCOMMITTEE DISCUSSES RAISING FIRE
CERTIFICATION FEES PAID BY CITIES
On February 16, the House Appropriations Subcommittee on Budget Articles I, IV, and V met to
hear testimony on various state agencies, including the Texas Commission on Fire Protection
(TCFP).
During the hearing, a member of the subcommittee asked TCFP representatives about potentially
raising the $35 fee paid by cities for each firefighter certification application as a means of
generating revenue.
The TCFP representative responded with a refreshing proposal that would decrease the amount
that cities are required to pay in certification fees. To view the brief exchange, go to
http://www.wwwebinars.com/LUFeb/AppSubComm.swf.
ORGANIZATION FORMED TO SEEK FUNDING OF STATE
WATER PLAN
The League has joined the H2O4TEXAS Coalition, a diverse collection of private and public
sector entities committed to securing full implementation of the State Water Plan.
The coalition recently announced its formation and its agenda for the legislative session. To see
the press release, go to
Town Council 60 of 106 Meeting Date: March 7, 2011
3
https://app.e2ma.net/app/view:CampaignPublic/id:1357716.6248868090/rid:a24358dd7d9e83c2
c4662609d24e1273.
For more information on the coalition’s purpose and activities, go to www.h2o4texas.org.
SENATE FINANCE INTERIM REPORT
The Senate Committee on Finance recently released its interim report, in which it considered
four interim charges. The report’s city-related recommendations are as follows:
Review and make recommendations regarding existing and future public debt at all levels
of government in Texas, including independent school districts, cities, other local
governments, and the Texas Guaranteed Tuition Plan.
• Issue 1: Total Public Debt and Debt-Like Obligations
o Require the Texas Bond Review Board (BRB) to add two new sections to its
annual report, applicable only to even-numbered years, that would: (1) track
certain debt-like obligations and liabilities, including (but not limited to) pass-
through financing and toll-equity agreements, pre-paid tuition plans, bond
guarantee programs, and the existing debt allotment; and (2) provide a more
comprehensive and detailed look at the status of local debt in Texas.
• Issue 2: Credit Ratings and Bond Market Access
o Consider requiring municipal issuers of public debt to issue in each odd-
numbered year a three-year credit enhancement plan based on the strengths and
weaknesses indentified by relevant credit rating agencies, and to make that plan
publically available.
• Issue 3: Limitations on Debt and Voter Approval Requirement
o Designate the BRB as the state’s repository of detailed local debt information.
Require the BRB to establish a searchable database available to voters statewide
that includes definitions of relevant financial terms and information on the current
debt burden at the state and local levels. Require voter notification of the
database prior to bond elections. Allow the BRB to contract with the Municipal
Advisory Council of Texas to fulfill these requirements and increase the BRB’s
appropriation as needed to achieve this recommendation.
o Repeal Local Government Code Section 107.003, authorizing the sale of pension
obligation bonds, or set voter approval requirements or election petition window
parameters for such sales.
o Consider creating voter approval requirements or election petition window
parameters for city/county highway system bonds.
Town Council 61 of 106 Meeting Date: March 7, 2011
4
o Study the impact of: (1) setting a cap on the maximum amount of outstanding
certificates of obligation (COs) and maximum amount of outstanding tax revenue
anticipation notes (TRANs) with maturity dates over one year; (2) requiring
voter approval of all COs and any TRAN with a maturity date over one year;
and (3) extending the CO election petition window to sixty days and establishing
an election petition window of thirty days for all TRANs with maturity dates over
one year.
o Study options for increasing reporting requirements and oversight for COs,
TRANs, pension bonds, and city/county highway system bonds.
• Issue 4: Interest Rate Swaps
o Require legal review by the attorney general of any interest rate swap agreement
at the state or local level, regardless of when it is initiated.
o Require local issuers that use interest rate swap agreements to report information
on those agreements to the BRB on an annual basis, and require the BRB to
include high-level summary information on swaps at the local level in its annual
report.
Identify and evaluate potential improvements to the property tax system.
• Issue 1: Increasing Public Participation in the Tax-Rate Setting Process and
Ensuring Fairness in Appraisal Protests and Appeals
o Continue to monitor the effectiveness of past legislative mandates designed to
increase public participation and fairness.
o Consider a legislative proposal to promote transparency and simplify the local
government tax rate setting process.
o Consider requiring voter approval for city and county tax revenue increases
of more than four percent.
• Issue 2: Property Appraisal Values
o Consider proposing a constitutional amendment to reduce the current $15,000
homestead exemption for school property taxes in an amount necessary to offset
the cost of lowering the current ten-percent appraisal cap for residence
homesteads to five percent.
• Issue 3: Community Housing Development Organization (CHDO) Exemptions
o Consider clarifying that CHDOs partnering with for-profit developers to develop
multi-family properties must actually own the property to be eligible for an ad
valorem tax exemption, due to concerns raised by recent legal challenges.
o Alternatively, propose an amendment to the Texas Constitution that would allow
for-profit entities in partnership with CHDOs to develop a multi-family property
and receive an ad valorem tax limitation, even though the CHDO is not the actual
Town Council 62 of 106 Meeting Date: March 7, 2011
5
owner of the property, in exchange for offering extremely affordable rents for
difficult-to-serve populations.
• Issue 4: Real Property Interests in Oil and Gas
o Continue to have the comptroller’s office prepare the market condition factors
using the forecasted price for crude oil and natural gas, but eliminate the
requirement that the forecasts be based on “revenue estimating methodology” to
enable the comptroller’s office to better focus on incorporating market value
methodology in its estimates.
The full text of the report is available online at
http://www.senate.state.tx.us/75r/senate/commit/c540/c540.InterimReport81.pdf.
WHAT’S YOUR AREA OF EXPERTISE OR INTEREST?
JOIN YOUR FAVORITE E-LIST
The TML staff is 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.
If you would like to participate in this 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.
SIGNIFICANT COMMITTEE ACTION
H.B. 215 (Gallegos), relating to photograph and live lineup identification procedures in criminal
cases. Voted from the House Criminal Jurisprudence Committee.
CITY-RELATED BILLS FILED
H.B. 12 (Solomons) – Immigration: 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
Town Council 63 of 106 Meeting Date: March 7, 2011
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Customs Enforcement, or exchanging that information with another federal, state, or local
governmental entity; (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) the attorney general may file a petition for a writ of
mandamus or other appropriate equitable relief to compel a city to comply with (1), above.
(Companion bill is S.B. 11 by Williams.)
H.B. 251 (Hilderbran) – Wild Animals: would allow a city to sue for an injunction against
an individual who owns a wild animal and who does not follow the requirements of the
Health and Safety Code.
H.B. 253 (Hilderbran) – School Attendance Officer: would: (1) provide for the
enforcement of compulsory public school attendance requirements, ensure reports of abuse
or neglect, ensure reports of births, and provide for the prosecution of bigamy; and (2)
authorize a peace officer who serves as an attendance officer to make a home visit or
otherwise contact the parent of a student who is the subject of an ongoing investigation of
abuse or neglect and who is in violation of compulsory school attendance requirements.
H.B. 1384 (Kleinschmidt) – Property Tax: would make land used for supporting outdoor
education eligible for appraisal as open-space land for property tax purposes.
H.B. 1388 (Hopson) – Tree Preservation: would prohibit a city from regulating the
planting, clearing, or harvesting of trees or vegetation or other uses of trees or vegetation on
a particular tract of land in the city’s extraterritorial jurisdiction. (Companion bill is S.B. 732
by Nichols.)
H.B. 1389 (Hopson) – Dangerous Dogs: would increase the penalty for a dog owner whose
dog kills a person to a felony of the first degree if the individual killed is under 15 years of
age or older than 65 years of age.
H.B. 1391 (Deshotel) – Access to 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, commercial driver’s license, or personal identification certificate.
H.B. 1395 (Parker) – Personal Watercraft and Boats: would: (1) prohibit a person under
13 years of age from operating a personal watercraft; (2) prohibit a person under 13 years of
age from operating a motorboat powered by a motor with a manufacturer’s rating of more
than 15 horsepower on public waters; (3) provide that a person born on or after September 1,
1993, and operating a vessel powered by a motor with a manufacturer’s rating of more than
15 horsepower on public water is required to take a boater education course, as well as
modify other requirements as to persons who are required to take a boater education course;
(4) exempt from the boater education course requirement a person who is supervised by a
Town Council 64 of 106 Meeting Date: March 7, 2011
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person at least 18 years of age, a customer of a business engaged in renting, showing,
demonstrating or testing boats, and a person exempt by rule of the Parks and Wildlife
Commission; and (5) authorize the commission to establish a boater education deferral
program.
H.B. 1400 (Elkins) – Public Improvement Districts: would, among other things, provide
that costs of improvements in a public improvement district may be paid or reimbursed by
any combination of certain methods if the improvements are dedicated, conveyed, leased, or
otherwise provided to a city, county, or related entity for the benefit of the city, county, or
related entity. (Companion bill is S.B. 412 by West.)
H.B. 1401 (Laubenberg) – 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.
H.B. 1402 (Guillen) – Law Enforcement: would provide that certain licensed law
enforcement officers are not subject to provisions of law that authorize a licensing authority
to suspend or revoke a license, disqualify a person from receiving a license, or deny a person
to sit for a licensing examination on the ground that the person has been convicted of certain
criminal offenses.
H.B. 1406 (Riddle) – Blood Specimens: would provide, in relation to individuals who take
a blood specimen from a vehicle operator to test for alcohol concentration or other
intoxicating substances, that: (1) only a physician, qualified technician, registered or licensed
nurse, and certain emergency medical technicians may take a blood specimen; (2) emergency
medical technicians may take a blood specimen only if authorized by the medical director for
the entity that employs the technician and in accordance with a protocol developed by the
medical director; (3) a medical director can develop a protocol that allows an emergency
medical technician to refuse to: (a) go to the location of a person from whom a peace officer
requests or orders the taking of a blood specimen; (b) take a blood specimen if it will impair
or interfere with the performance of patient care or other duties; and (c) provide the
equipment or supplies necessary to take a blood specimen; and (4) if an emergency medical
technician takes a blood specimen, a peace officer must observe the taking and then
immediately take possession of the specimen.
H.B. 1412 (Chisum) – Elections: would: (1) require the voter registrar of each county and
the secretary of state to provide notice of voter identification requirements and to educate
voters about the requirements through certain programs by publishing notice on certain
websites; (2) require a voter to present to an election officer at the polling place a voter
registration certificate and an acceptable form of identification; (3) provide that, if a voter
does not present acceptable identification, the voter shall be accepted for provisional voting
only; (4) modify the types of acceptable voter identification documents; (5) make an offense
under the bill a second degree felony or a state jail felony if the person is convicted of
attempt; (6) provide that a voter who presents a voter registration certificate indicating that
Town Council 65 of 106 Meeting Date: March 7, 2011
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the voter is currently registered in the precinct, but whose name is not on the precinct list of
registered voters, shall be accepted for voting if the voter’s identity can be verified from the
proof presented; and (7) provide that a provisional ballot may be accepted only if: (a) the
voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter
submits a copy of the identification to the voter registrar by personal delivery or by mail for
examination by the early voting ballot board not later than the sixth business day after the
date of the election.
H.B. 1419 (Hughes) – Elections: would prohibit the use of an electronic voting machine in
an election unless the machine: (1) has been certified or otherwise approved by means of
qualification testing by a nationally recognized test laboratory; (2) meets certain voluntary
standards developed and adopted by the Federal Election Commission, the Election
Assistance Commission, or the National Institute of Standards and Technology; and (3)
creates a contemporaneous auditable paper record copy of each electronic ballot that allows a
voter to confirm the choices the voter made through both a visual and a non-visual method.
Additionally, the bill would require an election authority using electronic voting machines to:
(1) submit, at the request of the secretary of state, complete documentation relating to all
hardware, software, and firmware components for the system, as well as all documents
relating to the federal qualification process; (2) submit a physical security plan for the system
to the secretary of state not later than 90 days before a system using electronic voting
machines will be used in an election; (3) submit a list of all changes and modifications to the
system, a training plan, and a communication plan explaining how election officers at each
polling place will communicate on election day to the secretary of state not later than 46 days
before a system using electronic voting machines will be used in an election; and (4) provide
notice of the penalties for tampering with an electronic voting machine in each language used
at a polling place at which an electronic voting machine is used for voting.
H.B. 1425 (Garza) – Graffiti: would provide that a city may – but is not required to – first
offer to remove graffiti for free prior to requiring the property owner to remove the graffiti.
(Companion bill is H.B. 1089 by Martinez Fischer.)
H.B. 1433 (Strama) – Property Tax: would extend the charitable organization property tax
exemption to include organizations that provide access to affordable financial products and
services for low-income individuals, provided the organization is a certified community
development financial institution and is exempt from federal income taxes under Section 501
of the Internal Revenue Code.
H.B. 1435 (Elkins) – 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.
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H.B. 1436 (Price) – Elections: would add public junior college districts to the current list of
entities with which a school district must hold a joint election. (Companion bill is S.B. 729
by Seliger.)
H.B. 1438 (Lewis) – Property Tax: would allow a city to serve notice of delinquent
property taxes to a domestic or foreign limited liability company whose right to transact
business in the state was forfeited by the comptroller, or on a limited liability company that
was involuntarily terminated or had its registration revoked. (Companion bill is S.B. 582 by
Harris.)
H.B. 1451 (Thompson) – Dog and Cat Breeders: would: (1) provide for the licensing and
regulation of commercial dog and cat breeders by the Texas Department of Licensing and
Regulation; (2) authorize the department to contract with third-party inspectors, including
local law enforcement agencies and local animal control agencies, to enforce or assist in the
inspection of, investigation of, and enforcement against commercial dog and cat breeders; (3)
authorize the department to establish training requirements, registration procedures, and
policies governing third-party inspectors; (4) require that a person inspecting or investigating
a dog or cat breeder notify a local law enforcement or local animal control agency not later
than 24 hours after discovering evidence of animal cruelty or neglect during an inspection or
investigation; and (5) not affect the applicability of an ordinance or other legal requirement
of a city or prevent a city from prohibiting or further regulating the possession, breeding, or
selling of dogs or cats.
H.B. 1454 (Murphy) – 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.
H.B. 1455 (Kolkhorst) – Law Enforcement: would allow a law enforcement agency,
including a city, to: (1) release an undocumented immigrant into the office of a United States
senator or United States representative; and (2) maintain a record of each released
undocumented immigrant who is not transferred to the United States Immigration and
Customs Enforcement.
H.B. 1457 (Fletcher) – Law Enforcement: would: (1) make various changes to the law
regarding the interception of wire, oral, or electronic communications for law enforcement
purposes; (2) provide that in order to be eligible to intercept a wire, oral, or electronic
communication in a circumstance that is not an immediate life-threatening situation, a
designated law enforcement agency must adopt a written policy and submit the policy to the
director of the Department of Public Safety for approval; (3) require that, if the director
approves the policy described in (2), above, chief law enforcement officers, including police
chiefs, would submit to the director a written list of peace officers authorized to possess,
install, monitor, or operate wire, oral, or electronic communications interception equipment
in a non-life-threatening situation; (4) authorize the department to conduct audits of law
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enforcement agencies to ensure compliance with the written policy described in (2), above;
and (5) require that a peace officer is authorized to operate or monitor the interception of a
wire, oral, or electronic communication in a non-life-threatening situation only if the officer
completes at least 16 hours of related training. (Companion bill is S.B. 687 by Huffman.)
H.B. 1458 (Harless) – Elections: would: (1) require the voter registrar of each county and
the secretary of state to provide notice of voter identification requirements and to educate
voters about the requirements through certain programs by publishing notice on certain
websites; (2) require a voter to present to an election officer at the polling place a voter
registration certificate and an acceptable form of identification; (3) provide that, if a voter
does not present acceptable identification, the voter shall be accepted for provisional voting
only; (4) modify the types of acceptable voter identification documents; (5) make an offense
under the bill a second degree felony or a state jail felony if the person is convicted of
attempt; (6) provide that a voter who presents a voter registration certificate indicating that
the voter is currently registered in the precinct, but whose name is not on the precinct list of
registered voters, shall be accepted for voting if the voter’s identity can be verified from the
proof presented; and (7) provide that a provisional ballot may be accepted only if: (a) the
voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter
submits a copy of the identification to the voter registrar by personal delivery or by mail for
examination by the early voting ballot board not later than the sixth business day after the
date of the election.
H.B. 1466 (Hernandez Luna) – Immigration: would authorize a young person who is not
a citizen or permanent resident of the United States and who has been abused, neglected, or
abandoned to petition a court for a declaration that declares the child as a “special
immigrant” under federal law.
H.B. 1470 (Miles) – Law Enforcement Complaints: would: (1) create a Texas State
Civilian Complaint Review Board that would investigate written complaints against peace
officers filed with the board; (2) require the board to send substantiated complaints to the
employer, including a city, of a peace officer to take disciplinary action; and (3) require the
board to send the complaint to the district attorney if the city does not take disciplinary action
against the officer.
H.B. 1471 (Miles) – Official Oppression: would increase the penalty prescribed for official
oppression in certain circumstances.
H.B. 1472 (Miles) – Public Information Act: would provide that: (1) a complaint filed
against a fire fighter or police officer alleging conduct constituting official oppression must
be retained by the city as long as the fire fighter or police officer at issue remains employed
by the city; and (2) such a complaint may not be withheld from disclosure under the Public
Information Act.
H.B. 1474 (Alonzo) – Immigration: would provide that a city may not require a landlord
to: (1) refuse to lease to a prospective tenant or renew the lease of a tenant solely on the basis
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of the immigration status of the tenant or a member of the tenant’s family; or (2) inquire as to
the immigration status of a tenant or prospective tenant or a member of the tenant’s family.
H.B. 1476 (Riddle) – Emergency Medical Services: would revoke the license of any
emergency medical services personnel who has been convicted or had a deferred disposition
for certain serious offenses.
H.B. 1485 (D. Patrick) – Electric Utility Rates: would add school districts and charter
schools to the current list of entities that are entitled to a discounted rate for electric service
provided by an electric utility or a municipally owned utility. (Companion bill is S.B. 504 by
Davis.)
H.B. 1503 (White) – Elections: would provide that only a TCLEOSE-licensed peace officer
is eligible for appointment as a special peace officer at a polling place.
H.B. 1507 (Christian) – Magistrates: would allow any magistrate in a county with a
population of less than 100,000 to issue certain types of search warrants.
H.B. 1519 (Isaac) – Traffic Fine Revenue: would provide that, in each fiscal year, a city
having a population of less than 1,000 (as opposed to 5,000 in current law) may retain, from
fines collected for Rules of the Road violations, an amount equal to 30 percent of the city’s
revenue for the preceding fiscal year from all sources, and shall send to the comptroller any
remainder portion of a fine collected that exceeds one dollar.
H.B. 1526 (D. Miller) – Automobile Theft: would make the Automobile Burglary and
Theft Authority ensure that all grants issued by the authority help increase recovery and
clearance rate of vehicle burglaries and theft.
H.B. 1531 (Ritter) – Property Tax: would exempt from property taxes land that is leased to
a person to be used as a school.
H.B. 1533 (Eiland) – Elections: would provide that: (1) in conjunction with the Department
of Public Safety, the secretary of state shall adopt rules to establish a process by which the
issuance of a driver’s license or personal identification card by the department is the sole
means of voter identification; (2) an election officer serving an early voting polling place is a
deputy voter registrar and has the same authority as a regular deputy registrar; (3) a person
who would be eligible to vote in an election, but for the requirement to be a registered voter,
shall be accepted during early voting if the person submits a voter registration application
and acceptable proof of residence.
H.B. 1537 (Eiland) – Law Enforcement: would: (1) allow a person with knowledge of the
commission of a crime to report it to any attorney who prosecutes criminal cases, including a
city prosecuting attorney; and (2) allow the criminal attorney, including a city prosecuting
attorney, to refer the matter to the police or the appropriate court.
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H.B. 1541 (McClendon) – Law Enforcement: would change the way the state Automobile
Burglary and Theft Prevention Authority administers and allocates grants to help prevent and
solve automobile theft offenses by providing that the authority shall: (1) develop and use
standard performance measures for each category of grants provided by the authority in order
to assess grantee success in achieving the purposes of this article; and (2) ensure that grants
are used to help increase: (a) the recovery rate of stolen motor vehicles; (b) the clearance
rate of motor vehicle burglaries and thefts; and (c) the number of persons arrested for motor
vehicle burglary and theft. The bill would also require the authority to allocate grant funds
primarily based on the number of motor vehicles stolen in, or the motor vehicle burglary or
theft rate across, the state rather than based on geographic distribution.
H.B. 1543 (Schwertner) – Property Tax: would eliminate the stipulation that the surviving
spouse of an elderly or disabled individual must be disabled in order to qualify for a property
tax freeze.
H.B. 1545 (Lewis) – Elections: would provide that the governing body of a political
subdivision, other than a county, that holds its general election for officers on a date other
than the November uniform election date may, not later than December 31, 2012, change the
date on which it holds its general election for officers to the November uniform election date.
H.B. 1552 (Madden) – 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. 1553 (Larson) – Immigration: would provide that a city that receives appropriated
money from the state to provide a health care, educational, welfare, correctional, or other
service to an individual must: (1) identify the individual’s country of citizenship before
providing the service; (2) determine the cost to the state of providing the service if the
individual is a citizen of a foreign country; and (3) submit to the comptroller a report that
contains this information. A city that does not submit a report in accordance with the
comptroller’s rules is not eligible to receive any disbursement from the state comptroller.
H.B. 1556 (Burnam) – Oil and Gas Drilling: would prohibit the issuance of an oil and gas
drilling permit for a site within 1,200 feet of a public school.
H.B. 1558 (Reynolds) – Air Quality Permitting: would require an applicant for certain
new facility or expansion of facility permits to, depending on whether the facility is located
in a community with certain percentages of minority inhabitants or inhabitants below the
federal poverty level: (1) submit an environmental justice report to the Texas Commission
on Environmental Quality (TCEQ); (2) file a public participation plan with the TCEQ, (3) if
within city limits, consult with the mayor to evaluate the need for a community
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environmental benefit agreement in order to mitigate adverse effects on the community; and
(4) participate in a public hearing. (Companion bill is S.B. 549 by Ellis.)
H.B. 1559 (S. Davis) – Records Retention: would: (1) prohibit a court from destroying a
court document filed with, presented to, or produced by the court before 1951; and (2)
authorize the Supreme Court of Texas to create rules for the retention of such documents.
H.B. 1560 (Scott) – 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.
H.B. 1561 (Orr) – Red Light Cameras: would: (1) prohibit a city from adopting an
ordinance to implement a photographic traffic signal enforcement system unless the city
holds an election and a majority of the voters approve the proposition; and (2) require a city
that currently has a photographic traffic signal enforcement ordinance to hold a referendum
election no later than November 8, 2011, and if a majority of voters do not approve the
proposition, allow the city to continue to operate the system until any related administration
and enforcement contract expires.
H.B. 1563 (Flynn) – Local Option Elections: would, among other things, extend the period
of time between certain local option elections to legalize or prohibit the sale of alcoholic
beverages from one to three years.
H.B. 1571 (S. Miller) – Motorcycles: would allow the operation and movement of
motorcycles between lanes of traffic moving in the same direction during periods of traffic
congestion if certain conditions are met.
H.B. 1576 (Garza) – 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.
H.B. 1593 (Isaac) – Elections: would require the inclusion of a space for a candidate’s e-
mail address on an official application for a place on the ballot
H.B. 1594 (Isaac) – Traffic Citations: would allow a city of less than 5,000 to retain all
traffic fine revenue (current law provides that such a city is limited to 30 percent of the
previous year’s revenue) if less than ten-percent of traffic citations issued by the city’s police
officers are for driving five miles per hour or less above the posted speed limit.
H.B. 1595 (Isaac) – Firearm Discharge: would: (1) prohibit a governmental unit, including
a city, from bringing suit against a sport shooting range for the lawful discharge of firearms
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on the sport shooting range; (2) prohibit a city from regulating the discharge of a firearm at a
sport shooting range; and (3) allow a city to enforce an ordinance or regulation through
injunctive relief against a sport shooting range under certain circumstances. (Companion
bill is S.B. 766 by Estes.)
H.B. 1596 (Isaac) – Elections: would eliminate as acceptable proof of identification for
voting: (1) official mail addressed to a person by name from a governmental entity; and (2) a
copy of a current utility bill, bank statement, government check, paycheck, or other
government document that shows a person’s name and address.
H.B. 1600 (Rodriguez) – Property Tax: would: (1) amend the definition of “qualified open-
space land” to include land that has been devoted principally to agricultural use or to
production of timber or forest products for three of the preceding five years (instead of five
of the preceding seven years, as current law provides); (2) provide that in determining
whether agricultural use meets the degree of intensity generally accepted in an area, a chief
appraiser shall distinguish between land in an area that is incorporated and land in an area
that is unincorporated; and (3) before February 1, require the chief appraiser to deliver an
application form, including a brief explanation of the requirements for obtaining an appraisal,
to each person whose land was appraised as “qualified open-space land” during the
preceding year.
H.B. 1609 (Gonzales) – Driver Responsibility Program: would repeal the state driver
responsibility program. (Companion bills are S.B. 624 by Whitmire and H.B. 299 by
Berman.)
H.B. 1616 (Geren) – Campaign Reports: would provide that campaign reports required to
be filed under the Election Code must list the following amounts received during the
reporting period: (1) any credit, interest, rebate, refund, reimbursement, or return of a deposit
fee resulting from the use of a political contribution or an asset purchased with a political
contribution; (2) any proceeds of the sale of an asset or investment purchased with a political
contribution; and (3) any other gain received from a political contribution.
H.B. 1619 (Orr) – Emergency Services Districts: would make various changes to the
administration of emergency services districts, including training requirements for board
members and a removal procedure whereby the county commissioners may remove a board
member.
H.B. 1622 (Menendez) – Graffiti: would change the definition of “gang activity” under
nuisance abatement laws by expanding the type of graffiti that is considered gang activity.
H.B. 1626 (Flynn) – Pseudoephedrine: would provide that a political subdivision may
adopt an ordinance, rule, or regulation authorizing or requiring a business establishment in
that political subdivision that engages in over-the-counter sales of products containing
ephedrine, pseudoephedrine, or norpseudoephedrine to use an electronic reporting database
in addition to any other reporting or recordkeeping required by state law.
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H.B. 1627 (Flynn) – Elections: would allow a city to appoint as alternate presiding election
judge of an election precinct a qualified voter that lives anywhere in the city limits if the city
cannot find an eligible qualified voter of the election precinct to appoint.
H.B. 1628 (Larson) – 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.
H.B. 1634 (Bonnen) – Unfunded Mandates: would: (1) establish an unfunded mandates
interagency work group to consist of the state auditor, director of the Legislative Budget
Board, the comptroller, a senator, and a member of the house of representatives; (2) provide
that the work group publish and keep updated an advisory list of mandates for which the
legislature has not provided reimbursement; (3) provide that a political subdivision must only
comply with a mandate for which the legislature has provided reimbursement and allow a
political subdivision to act in reliance on the advisory list of unfunded mandates published by
the work group; and (4) repeal Government Code Section 320.004, which provides for the
review of unfunded mandates.
H.B. 1640 (Dutton) – Law Enforcement: would expand the definition of the crime of
official oppression to include excessive force; and (2) make excessive force by a peace
officer a third degree felony.
H.B. 1643 (Zerwas) – 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
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.
H.B. 1647 (Gallego) – Municipal Court: would, among other things: (1) require 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; and (7) create sanctions for violation of the disclosure
requirements.
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H.B. 1649 (Marquez) – County Development Authority: would: (1) expand county
authority with regard to building code enforcement and fees in the unincorporated area of the
county; and (2) provide that an electric, gas, water, or sewer service utility may not serve or
connect new residential construction in that area unless the utility receives a certificate issued
by the commissioners court that states that the new residential construction meets all
applicable county building codes. (Companion bill is S.B. 861 by Rodriguez.)
H.B. 1650 (Hopson) – Purchasing: would provide, among other things, that a
governmental entity making purchases of building materials shall give preference to
materials offered by resident bidders if the building materials meet state specifications
regarding quantity and quality and the cost of the building materials is equal to or less than
the cost of other similar materials that are offered by a nonresident bidder.
H.B. 1652 (Alonzo) – Collective Bargaining: would: (1) give fire fighters and police
officers the right to organize and bargain collectively without an election to adopt the
provisions of Local Government Code Chapter 174 (the collective bargaining chapter); (2)
repeal the adoption procedure for collective bargaining provided for in the collective
bargaining chapter; (3) require arbitration if a request for arbitration is made under the
collective bargaining chapter; and (4) repeal the procedures for collective bargaining for
cities over 50,000 that are required to adopt collective bargaining.
H.B. 1665 (King) – Defense Base Authorities: would provide that, on receipt of an
application for a permit for a proposed structure in an area located within eight miles of the
boundary line of a defense base, the defense community reviewing the application shall
notify the defense base authorities concerning the compatibility of the proposed structure
with base operations.
H.J.R. 99 (Ritter) – Property Tax: would amend the Texas Constitution to permit the
legislature to exempt from property taxes real property sold to a person for use as a school.
S.B. 11 (Williams) – Immigration: this bill is the same as H.B. 12, above.)
S.B. 646 (Nichols) – 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.
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S.B. 649 (Hinojosa) – Affordable Housing: would continue the existence of the Texas State
Affordable Housing Corporation for 12 years.
S.B. 729 (Seliger) – Elections: this bill is the same as H.B. 1436, above.
S.B. 732 (Nichols) – Tree Preservation: this bill is the same as H.B. 1388, above.
S.B. 745 (Davis) – Saltwater Pipelines: would allow the Texas Railroad Commission to
regulate saltwater pipelines.
S.B. 756 (Seliger) – Water Transport: would: (1) prohibit a person, including a city, from
transporting surface water or groundwater more than seventy-five miles from the water’s
source; and (2) authorize the Texas Commission on Environmental Quality to assess an
administrative penalty against a person who violates the prohibition on transport.
S.B. 758 (Deuell) – 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 who remits annual sales tax payments
of more than $500 to the comptroller.
S.B. 760 (West) – Interlocal Agreements: would allow an interlocal contract between a
city and another city or county to be for a specified term of years.
S.B. 763 (Ellis) – Undocumented Persons: would create the offense of unlawful transport
of an undocumented person.
S.B. 766 (Estes) – Discharge of Firearms: this bill is the same as H.B. 1595, above.
S.B. 771 (Davis) – Swimming Pool Alarms: would: (1) require residential swimming pools
to have an alarm that indicates when a gate is left open when the pool is constructed or
remodeled; and (2) limit the enforceability of city ordinances that are less stringent on the
issue of residential swimming pool alarms than state law.
S.B. 774 (Zaffirini) – Disabled Peace Officers: would require the governing board of an
institution of higher education to exempt a student from the payment of tuition and fees for a
course for which space is available if, among other things, the student is permanently
disabled as the result of an injury suffered during the performance of a duty as a peace
officer and is unable to continue employment as a peace officer.
S.B. 779 (Whitmire) – Animal Cruelty: would: (1) create a registration system similar to
that in place for sex offenders for those convicted of certain animal cruelty offenses,
including a requirement that such offenders register with the city police department where
they live; (2) create a procedure by which a peace officer may check certain identifying
information against a state database to determine if a person is required to register under this
system; and (3) authorize a police department to release to the public certain information
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regarding a person required to register under this program and limit the police department’s
liability for such a release.
S.B. 806 (Hinojosa) – Historically Underutilized Businesses: would provide that a veteran
with a service-connected disability is eligible to be listed as a historically underutilized
business by the state. (Companion bill is H.B. 888 by Guillen.)
S.B. 808 (Seliger) – 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.
S.B. 812 (Zaffirini) – Texas Municipal Retirement System: would modify the
reemployment provisions related to retirement under the Texas Municipal Retirement
System.
S.B. 823 (Carona) – Municipal Court: would require a municipal prosecutor to complete
at least six hours of training, including training on mental illness and substance abuse.
S.B. 825 (Lucio) – Affordable Housing: would require the Texas Department of Housing
and Community Affairs to establish an Office of Rural Community and Small Municipality
Housing Initiatives in order to provide training, establish pilot projects, and fund housing
initiatives that impact low-income housing in rural areas.
S.B. 826 (Lucio) – Rural Economic Development: would establish grant, loan, and
training programs designed to promote economic development and business innovation in
rural areas.
S.B. 829 (Patrick) – Professional Services: would provide that: (1) a governmental entity,
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; and (2) a governmental entity, including a city with a population of
50,001 or more, that provides through its officers or employees a commercially available
service for an improvement to real property owned or leased by the entity shall provide and
make available to the public an accounting of the cost of performing that service.
(Companion bill is H.B. 611 by Murphy.)
S.B. 838 (Patrick) – Driving While Intoxicated: would make the offense of driving while
intoxicated a Class A misdemeanor if it is shown in trial that the person had an alcohol
concentration level of 0.15 or higher.
S.B. 843 (Patrick) – Failure to Identify: would provide that a person commits the offense
of failure to identify if the person intentionally refuses to give the person’s name, address, or
date of birth to a peace officer who has lawfully detained the person and requested the
information.
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S.B. 844 (Patrick) – Escape from Custody: would provide that a person commits the
offense of escape from custody if the person escapes from custody when the person is
lawfully detained for an offense.
S.B. 849 (Duncan) – Elections: would, among other things: (1) eliminate the current
provision of 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 the candidate may
file the application: (6) provide that a withdrawal from a 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.
S.B. 854 (Duncan) – Electric Transmission Lines: would provide that, in addition to the
notices provided by current law, the Public Utility Commission by rule shall require an
applicant for an electric transmission line to provide notice by certified mail to each owner of
land that would be affected by the line.
S.B. 861 (Rodriguez) – County Development Authority: this bill is the same as H.B.
1649, above.
S.B. 862 (Rodriguez) – Noise: would: (1) create more stringent daytime noise level
requirements for the offense of disorderly conduct; and (2) specifically outline defenses to
prosecution for a noise-related disorderly conduct offense, including compliance with city
ordinances.
S.J.R. 25 (Hinojosa) – Bonds: would amend the Texas Constitution to provide for the
issuance of additional general obligation bonds by the Texas Water Development Board.
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S.J.R. 26 (West) – Interlocal Agreements: would allow a city to enter into a multiyear
interlocal contract with another city or county without having to meet interest and sinking
fund requirements, even if such contract creates a debt.
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:
• Chris Bratton, Police Chief, Elgin
• Gary Tiddle, Police Department, Dallas
• Jessica Sloman, Police Department, Houston
• John Chancellor, Police Chief, Shenandoah
• William McManus, Police Chief, San Antonio
• James Jones, Police Captain, Houston
• Jerry R. Allen, City Councilmember, Dallas
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 78 of 106 Meeting Date: March 7, 2011
1
March 4, 2011
Number 9
INTERIM REPORT STRAGGLERS
House Committee on Elections
The House Committee on Elections recently released its interim report, in which it considered
four interim charges. The report’s city-related recommendations are as follows:
• Require election officers to transmit ballots to
military and overseas voters at least 45 days before
every federal, state, and local election - including
primaries, runoffs, and special and general
elections.
• Provide for e-mail delivery of blank ballots to all
military and overseas voters upon request.
• Allow the federal Write-In Absentee Ballot
(FWAB) to be accepted for federal, state, and local
elections in Texas. While Texas has its own write-
in absentee ballot, allowing voters to use the
FWAB for all elections would simplify,
standardize, and streamline the voting process for
Texans abroad.
• Follow the Military and Overseas Voter
Empowerment Act’s lead and expand its
protections to cover all military and overseas
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 79 of 106 Meeting Date: March 7, 2011
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voters. In particular, Texas military members stationed outside of their county of
residence, who remain in the United States, still often face challenges in obtaining,
casting, and returning a ballot in time to be counted.
• The committee found that there is a need for statutory changes to the Election Code to
expand the number of counties eligible for the countywide polling place program, and to
allow counties that have a mixed system of electronic voting machines (e.g., DRE and
Optical Scan) to participate.
• The committee recommended adoption of legislation requiring voters to show photo
identification in order to cast a ballot at the polls. The committee recommended that free
identification cards be issued by either the Department of Public Safety or the local voter
registrar’s office if the voter is registered in this state, does not already have a driver’s
license, and is receiving the identification card with the express intent to vote. The
committee also found it important that such legislation provide for the education of voters
on any changes enacted and that the Secretary of State and counties coordinate their
efforts to inform the state’s electorate.
The full text of the report is available online at
http://www.house.state.tx.us/_media/pdf/committees/reports/81interim/House-Committee-on-
Elections-Interim-Report-2010.pdf.
Senate Committee on Transportation and Homeland Security
The Senate Committee on Transportation and Homeland Security recently released its interim
report, in which it considered several interim charges. The report’s city-related
recommendations are as follows:
• The Texas Department of Transportation (TxDOT) has been given the task of delivering
a modern transportation system that will meet the demands of a rapidly growing
population. The agency must work with many other entities to be able to accomplish this
and has worked hard to team with its transportation partners. However, TxDOT faces a
lack of public confidence. The recommendations of the Sunset Commission and the
TxDOT Restructuring Council suggest that significant changes need to be made at the
agency in order for TxDOT to be successful. The changes made in the upcoming months,
and even years, need to be closely monitored.
• Due to the current economic climate in the State of Texas, the committee will make no
recommendations at this time that would impose mandates on local jurisdictions. The
legislature should continue to work with the Texas Division of Emergency Management
and local jurisdictions to ensure that the needs of the state are addressed and that our
citizens are provided with appropriate resources and aid.
• The Senate Committee on Transportation and Homeland Security recommends that the
TxDOT and Regional Mobility Authorities (RMAs) have limited, project-specific,
public-private partnership authority for specific transportation projects. That authority
should be granted to TxDOT and RMAs through individual pieces of legislation that
identify specific projects. The project-specific bills should be authored by legislators
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whose districts are in close proximity to the recommended projects and, ideally, these
bills should have the support of the local legislative delegation.
• Additional funding tools for the enhancement of transportation infrastructure in Texas
should continue to be explored, including both Transportation Reinvestment Zones and
Transportation Finance Zones. Flexibility in financing road projects and mechanisms
that leverage local support will continue to be vital in road planning and
construction.
• During this session, the legislature must fund – at a minimum – the debt service for at
least $1 billion of the remaining $3 billion in unissued Proposition 12 bonds in order to
complete already-started construction projects. Ideally, the legislature should fund the
debt service on all $3 billion of unissued Proposition 12 bonds.
Ultimately, Texas transportation challenges cannot be solved by borrowing money. The
legislature should develop a sound, dedicated revenue stream for mobility projects. This
new revenue stream should incorporate both a local component and a state
component. The state component should sit atop the existing highway funding
framework to ensure there are no diversions, while the local component should
resemble a school bond issue in which citizens authorize a local funding stream for a
specific set of transportation projects.
• The Texas Department of Transportation, metropolitan planning organizations,
metropolitan transit authorities, and private entities should all pursue alternative
congestion relief strategies. However, some challenges still remain. The legislature
should continue to monitor the implementation of alternative congestion relief strategies,
and further explore means to mitigate congestion on the 100 most congested roadways in
Texas.
The full text of the report is available online at
http://www.senate.state.tx.us/75r/Senate/commit/c640/c640.InterimReport81.pdf.
TML LEGISLATOR-OF-THE-MONTH
FOR FEBRUARY 2011
Senator Kevin Eltife (R-Tyler) is the TML Legislator-of-the-Month for February 2011. Senator
Eltife represents Tyler, Mount Pleasant, Texarkana, Longview, and Paris.
Prior to being elected to the Texas Senate in 2004, Senator Eltife served on the
Tyler City Council for three terms, and then served as mayor of Tyler for three
additional terms. He is the chairman of the Senate Committee on
Administration and serves on the Senate Committees on Business and
Commerce, Economic Development, Finance, Natural Resources, and the Select
Committee on Redistricting.
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Senator Eltife is a strong supporter of cities and an outspoken critic of attempts to erode
municipal authority. Most recently, Senator Eltife resisted efforts by members of the Senate
Finance Committee to divert all of the mixed beverage tax revenue currently appropriated to
cities to state general revenue. To view the conversation, go to
http://www.wwwebinars.com/LUVideo/LUVideo1.swf.
We hope that city leaders across Texas—and particularly those in Senator Eltife’s district—will
express their appreciation to this outstanding leader.
SIGNIFICANT COMMITTEE ACTION
H.B. 215 (Gallegos), relating to photograph and live lineup identification procedures in criminal
cases. Reported from the House Criminal Jurisprudence Committee.
S.B. 44 (Zaffirini), relating to the detention and transportation of a person with a mental illness.
Reported from the Senate Health and Human Services Committee.
S.B. 209 (Zaffirini), relating to the supervision of certain juvenile case managers. Reported
from the Senate Jurisprudence Committee.
CITY-RELATED BILLS FILED
H.B. 717 (S. Miller) – Property Tax: would: (1) provide that an appraisal district is governed
by a board of seven directors; (2) provide that two of the seven directors be elected at the general
election for state and county officers by the voters of the county in which the district is
established; and (3) eliminate the ability of the governing bodies of a majority of the taxing units
in an appraisal district to adopt resolutions disapproving of actions by the board.
H.B. 1547 (Larson) – Groundwater: would change the way desired future conditions for the
groundwater resources in a groundwater management area are established.
H.B. 1671 (Marquez) – Public Information: would: (1) authorize a governmental body to
redact certain motor vehicle record information without the necessity of requesting a decision
from the attorney general; (2) authorize a governmental body to redact a credit card, debit card,
charge card, or access device number without the necessity of requesting a decision from the
attorney general; (3) make a public information request that is modified in response to the
requirement of a deposit or bond a separate request that is considered received on the date the
governmental body receives the modified request; and (4) provide that if a governmental body
receives a written request by mail and cannot establish the actual date of receipt, the written
request is considered to be received on the third business day after the date of the postmark.
(Companion bill is S.B. 602 by Rodriguez.)
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H.B. 1676 (Hochberg) – Property Tax: would provide that the governing body of a taxing unit
or appraisal district must, in a timely manner in order to take into account any statutory changes,
take official action to collect a penalty for delinquent taxes on tangible personal property, or not
be able to apply the penalty until the following tax year.
H.B. 1678 (Burkett) – Elections: would authorize a county commissioners court, rather than
the county election commission, to appoint the county elections administrator.
H.B. 1679 (Burkett) – Elections: would: (1) make the offense of unlawful assistance of a voter
a state jail felony; and (2) make it a state jail felony for a person to deposit in the mail or with a
common carrier more than two carrier envelopes containing ballots voted by other persons in an
election.
H.B. 1684 (Fletcher) – Fireworks: would provide that a city that annexes an area for limited
purposes may not prohibit the sale or use of fireworks in the area.
H.B. 1685 (Fletcher) – Property Tax: would entitle an owner of real property who contracts to
have a commercial or industrial building constructed on the property to a credit based on the cost
of construction against the property taxes imposed on the property by a city.
H.B. 1688 (Raymond) – Utility Relocation: would provide that the governing body of a city
may require a certificated telecommunications utility to relocate the utility’s facility at the
utility’s expense to permit a public development that increases the capacity or use of a public
street, alley, road, sidewalk, gutter, right-of-way, or public way, including a berm, ditch, or
shoulder, by: (1) giving the utility 30 days notice; and (2) specifying the new location for the
facility along the right-of-way of the street.
H.B. 1697 (P. King) – Elections: would provide that a person residing outside the United States
who indicates on a federal postcard application that the person is a United States citizen is
entitled to vote a full ballot if the person is otherwise eligible to vote and is a registered voter at
the address stated on the application. (Companion bills are H.B. 1773 by L. Taylor, and S.B.
904 by Patrick.)
H.B. 1707 (Gutierrez) – Theft: would provide that theft of an item with a value of less than
$100 (rather than $50 in current law) is a class C misdemeanor.
H.B. 1712 (Christian) – Offenses Against Public Administration: would: (1) establish the
public integrity unit in the office of the attorney general; (2) give the unit authority to prosecute
an offense against public administration or an offense involving insurance fraud; (3) require local
law enforcement agencies to cooperate with the unit; and (4) authorize the employment of
commissioned peace officers by the attorney general to investigate offenses for the unit. (Note:
please see H.J.R. 106, below.)
H.B. 1715 (Laubenberg) – Crime Victims: would require the state’s attorney and law
enforcement to ensure that victims of certain crimes are informed of and afforded certain rights.
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H.B. 1717 (Garza) – Property Tax: would: (1) authorize a majority of the group of taxing units
composed of the cities, school districts, and the county participating in an appraisal district to
request an audit of the performance of the appraisal district, or the discontinuance of that audit;
(2) change the makeup of an appraisal district board to include one elected, rather than
appointed, director from each of the four commissioner’s precincts of the county for which the
district is established; (3) make other changes to the eligibility requirements and manner of
filling a vacancy in the position of director on an appraisal board. (Companion bill is S.B. 722
by Williams.)
H.B. 1724 (Hamilton) – Transportation Funding: would: (1) establish the state economically
driven mobility project account, which would consist of revenue received from projects financed
under the bill and proceeds from obligations secured by revenue received from those projects; (2)
provide that the Texas Department of Transportation (TxDOT) shall develop a project
application process for local transportation planning entities, including cities, counties,
metropolitan planning organizations, toll project entities, and public transportation entities to
identify projects suitable for funding under the account; (3) provide for project selection criteria
to prioritize projects that: (a) promote economic development, including by creating employment
and cash flow; (b) have sustainable economic value; and (c) create transportation corridors as
opposed to isolated projects; (4) authorize TxDOT to contract with local governments or private
entities for the construction of selected projects, including construction through pass-through toll
agreements, or to construct projects itself; (5) mandate that revenue from projects financed under
the bill – including tax increment revenues - must be deposited to the credit of the economically
driven mobility project account; and (6) provide that TxDOT may contract with local
governments or directly with private entities, including property owners, who will benefit from a
selected project to recover amounts sufficient to cover the cost of the project and any associated
debt service for the project.
H.B. 1728 (Keffler) – 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.
H.B. 1729 (Keffer) – 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.
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H.B. 1730 (Ritter) – Groundwater: would: (1) create a vested ownership interest in and a right
to produce groundwater below the surface of a landowner’s real property, and (2) prohibit an
aquifer authority from depriving or divesting the landowner or his lessee of that right. (This bill
is identical to S.B. 332 by Fraser.)
H.B. 1731 (Ritter) – Groundwater: would: (1) make a legislative finding and declaration of
policy regarding the long-term viability of groundwater resources; (2) clarify the rights of
landowners and groundwater conservation districts with regard to groundwater use and
conservation policy creation.
H.B. 1733 (Ritter) – Property Tax: would: (1) require the State Soil and Water Conservation
Board, with the assistance of the comptroller, to develop standards for determining whether land
qualifies for appraisal based on water-stewardship use; and (2) provide that the chief appraiser an
appraisal review board shall apply the standards adopted by the State Soil and Water
Conservation board and comptroller. (Companion bill is S.B. 409 by Estes.)
H.B. 1734 (Ritter) - Texas Water Development Board Assistance: would prohibit an
applicant for financial assistance or loans from the Texas Water Development Board from
receiving assistance if the applicant has failed to satisfactorily complete a request by the board’s
executive administrator or a regional planning group for information relevant to the project for
which the assistance is being requested, including a water infrastructure financing survey. (This
bill is identical to S.B. 370 by Seliger.)
H.B. 1735 (Bohac) – Speed Limit Signs: would require a city that erects a sign giving notice of
an altered speed limit on a highway or street under the city’s jurisdiction to install and maintain a
orange frame behind the sign containing the word “NEW” until the 91st day after the date the
sign is erected.
H.B. 1736 (Bohac) – Emergency Vehicles: would provide that it is a third degree felony to
illegally pass a stationary authorized emergency vehicle if the violation results in serious bodily
injury or death.
H.B. 1737 (Bohac) – Speeding: would provide that a property owners’ association may install a
speed feedback sign on a road, highway, or street in the association’s jurisdiction if: (1) the
association receives the consent of the governing body of the political subdivision that maintains
the road, highway, or street for the placement of the sign; and (2) the association pays for the
installation of the sign.
H.B. 1739 (Walle) – Workers’ Compensation: would: (1) require construction contractors and
subcontractors to provide workers’ compensation insurance coverage for each of their
employees; and (2) provide that, if the contractor enters into a contract with a governmental
entity for a public project, the coverage must be satisfactory to the governing body of the
governmental entity. (Companion bill is S.B. 938 by Lucio.)
H.B. 1743 (Martinez Fischer) – 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
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and in writing that, if the person refuses, the officer may apply for a warrant authorizing a
specimen to be taken from the person.
H.B. 1744 (Allen) Mandated Health Benefit: would require a health benefit plan to provide
coverage for autism therapy to develop appropriate social, emotional, and interpersonal skills.
H.B. 1746 (Veasey) – Property Tax: would: (1) require a taxing unit to make a payment to a
tax increment fund not later than the 90th day after the later of: (a) the delinquency date for the
unit’s property taxes; or (b) the date the city or county that created the zone submits to the taxing
unit an invoice specifying the amount the taxing unit is required to pay into the tax increment
zone; and (2) allow a county commissioners court that enters into an agreement with a city
council to also enter into an agreement with the city council for payment into the tax increment
fund on behalf of a taxing unit other than the county if the property tax rate of the other taxing
entity must be approved by the commissioners court, or if the commissioners court is expressly
required by statute to levy the ad valorem taxes of the other entity. (Companion bill is S.B. 627
by Davis.)
H.B. 1747 (Veasey) Personnel: would: (1) make it an unlawful employment practice for an
employment complaint or other protected activity to be a motivating factor in an adverse
employment action, even if other factors also lead to adverse employment action; (2) make it a
defense that the same action would have been taken even without the impermissible motivating
factor; and (3) allow attorney fees and costs to be awarded to the individual complaining of
retaliation if an impermissible motivating factor is shown, even if the action would have been
taken without the impermissible motivating factor.
H.B. 1761 (Harper-Brown) – Elections: would require the secretary of state to prescribe
instructions to be printed on balloting materials for a ballot to be voted by mail to include a
statement, in Spanish and English, advising why a person should decline help from a stranger
who offers to help read, mark, or mail the ballot.
H.B. 1764 (Harper-Brown) – Abandoned Property: would reduce the amount of time that
must pass before an unclaimed utility deposit or other unclaimed personal property is presumed
abandoned.
H.B. 1765 (S. Miller) Emergency Communications: would: (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; (4) require the vendors to share
2.5 percent of gross revenue with any city in which a sign is in the city limits or extraterritorial
jurisdiction and 2.5 percent to the state for general revenue; (4) allow local law enforcement to
show certain emergency information on the signs; and (4) allow the erection of such signs
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without requiring compliance with municipal sign ordinances or permission from the city in
which the sign is located. (Companion bill is S.B. 971 by Hinojosa.)
H.B. 1771 (Madden) – Drug Court: would create the Specialty Courts Advisory Council to
evaluate applications for grant funding for drug courts and other specialty courts.
H.B. 1773 (Taylor) – Elections: would provide that a person residing outside the United States
who indicates on a federal postcard application that the person is a United States citizen is
entitled to vote a full ballot if the person is otherwise eligible to vote and is a registered voter at
the address stated on the application. (Companion bills are H.B. 1697 by P. King and S.B. 904
by Patrick.)
H.B. 1775 (Allen) – Solid Waste: would: (1) create a waste reduction stakeholders committee;
and (2) charge that committee with conducting a study regarding waste reduction in the state and
preparing a statewide waste reduction plan to be presented to the legislature.
H.B. 1791 (Kleinschmidt) – Emergency Services Districts: would make various changes to
the administration of emergency services districts, including training requirements for board
members and a removal procedure whereby the county commissioners may remove a board
member. (Companion bill is H.B. 1619 by Orr.)
H.B. 1792 (Gutierrez) – Red Light Cameras: would provide that all revenue from red light
camera violations, after a city has deducted its administrative costs, be deposited to the credit of
the state’s regional trauma account.
H.B. 1794 (Gutierrez) – Property Tax: would provide that a city that adopted an ordinance
prior to 2002 allowing for the taxation of leased motor vehicles for personal use may no longer
collect property taxes on the vehicle if the lessee is 65 years of age or older.
H.B. 1800 (Bonnen) – Immigration: would, among other things, provide that:
1. Not later than 48 hours after a person is arrested and before the person is released on
bond, the law enforcement agency that arrested the person or that has custody of the
person shall: (1) have the person’s immigration status verified by a law enforcement
officer who is authorized under federal law to verify a person's immigration status or a
federal law enforcement officer; and (2) if United States Immigration and Customs
Enforcement (ICE) does not have the results of the immigration status of the person,
notify ICE if the person is not a citizen or national of the United States and is unlawfully
present in the United States.
2. A law enforcement agency that notifies ICE of the results of an immigration status
verification shall provide the results of the immigration status verification to the Texas
Department of Public Safety (DPS).
3. DPS shall maintain a computerized central database containing information regarding
each person who has been arrested in the state and immigration status verification reveals
that the person: (a) is not a citizen or national of the United States; and (b) is unlawfully
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present in the United States according to the terms of the federal Immigration Reform and
Control Act.
4. DPS shall make the information in the database available to any peace officer or law
enforcement agency in the state.
5. Most of the information in the database is public and shall be posted on the DPS Web
site.
6. A city or any officer or employee of the city may not adopt any policy that does not fully
enforce state and federal law, and, in the case of policies that would not fully enforce
state and federal immigration laws, prohibit the city from receiving state funds.
H.B. 1810 (Burnam) – Driver Responsibility Program: would repeal the driver responsibility
program and replace the revenue derived from the program with an increase in the tax on
cigarettes.
H.B. 1812 (Phillips) – Newspapers: would allow newspaper publication by a city in periodical
postal matter in a county where a second class newspaper is not published.
H.B. 1814 (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.
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 1,000 hours per year instead of 1,500 hours a year.
H.B. 1827 (McClendon) – Employee Leave: would require an employer, including a city, to
allow an employee unpaid time off to participate in certain student activities for the employee’s
child.
H.B. 1836 (Hughes) – Fireworks: would: (1) authorize a retail fireworks permit holder to sell
fireworks beginning February 20 and ending at midnight on March 2; (2) require the Texas
Forest Service to make its services available each day during the Texas Independence 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
February 15 for the Texas Independence Day fireworks season.
H.B. 1841 (Hartnett) – Sales Tax: would provide that a person whose only activity in this state
is Internet hosting is not engaged in business in this state for sales tax purposes.
H.B. 1844 (Guillen) – Records Retention: would authorize the executive and administrative
officer of the Texas State Library and Archives Commission to: (1) store, for a fee, local
government records on the request of the local government; and (2) allow the state records center
to provide for the storage, access, protection, and disposition of inactive and vital local
government records.
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H.B. 1847 (Farias) – Solid Waste: would increase the fee charged by the Texas Commission on
Environmental Quality to dispose of construction or demolition waste at a municipal solid waste
landfill.
H.B. 1850 (Elkins) – State Agency Rules: would provide that a proposed rule may not be
adopted by a state agency until the rule is approved by a majority of members of the standing
committee of each house reviewing the rule.
H.B. 1851 (Reynolds) – Procurement: would: (1) provide that a person who is a veteran with a
service-connected disability is eligible to be listed as a historically underutilized business by the
state; and (2) add attorneys to the list of professionals that must be procured under the
Professional Services Procurement Act.
H.B. 1862 (Anchia) – 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.
H.B. 1863 (Anchia) – Electric Rates: would provide that a regulatory authority, including a
city or the Public Utility Commission, shall allow as reasonable and necessary expenses an
electric utility’s expenditures related to recharging stations for electric vehicles to the extent the
expenditures meet certain conditions.
H.B. 1869 (Giddings) – Procurement: would remove the population brackets in current law to
allow any city to use the current local preference bidding statutes.
H.B. 1876 (Truitt) – Residential Fire Sprinklers: would authorize a city to require the
installation of a multipurpose residential fire protection sprinkler system, or any other fire
sprinkler protection system, in a new one- or two-family dwelling if the city holds an election to
authorize the enactment of the requirement and a majority of voters approve the proposition.
H.B. 1877 (Coleman) – Recycling: would: (1) create a local recycling assistance grant program
available only to cities and counties; (2) create a five cent disposable bag fee for every
disposable plastic bag provided to a retail customer, to be collected by the retailer and remitted to
the comptroller in order to fund the recycling assistance grant.
H.B. 1878 (D. Miller) – Emergency Services Districts: would: (1) allow for the consolidation
of emergency services districts if the board of each district determines that consolidation would
allow the districts to provide services more efficiently and adopts a joint order of consolidation;
(2) require each emergency services commissioner to complete a training course provided or
approved by the Texas Department of Rural Affairs; and (3) authorize the board of directors of
an emergency services district to contract with a volunteer fire department, local government, or
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other district to provide staff, facilities, equipment, programs, or services the board considers
necessary to provide emergency services.
H.B. 1880 (Madden) – Property Tax: would provide that, for a residence homestead owned by
a veteran of the armed services of the United States and that was donated to or renovated for the
veteran at no charge to the veteran, an appraisal district may only increase the appraised value of
the property to an amount not to exceed the lesser of: (1) the market value of the property for the
most recent tax year; (2) for a residence homestead donated to the veteran, the sum of the
appraised value of the land and $150,000; or (3) for a residence homestead renovated at no
charge to a veteran, the sum of the appraised value of the property for the tax year preceding the
renovation and the market value of all new improvements to the property that are not considered
renovations. (A veteran would be required to apply for the limitation with the chief appraiser of
the appraisal district in order to receive a limitation under the bill.)
H.B. 1883 (Garza) – Extraterritorial Jurisdiction: would provide that: (1) the governing body
of a city that is incorporated in the extraterritorial jurisdiction (ETJ) of an existing city with the
consent of the existing city may - by resolution - petition the existing city to release area in the
ETJ of the existing city located contiguous to and within one-half mile of the boundaries
surrounding the petitioning city; (2) not later than the 30th day after the date the existing city
receives the petition, the governing body - by ordinance or resolution - shall release the area; (3)
the existing city is not required to release any area that is annexed for limited purposes, has been
included in the existing city’s municipal annexation plan for at least one year, or is proposed for
annexation and is not required to be included in a municipal annexation plan; and (4) the two
cities shall enter into a memorandum of understanding to provide for the transition of the
application of any municipal ordinances to the transferred ETJ.
H.B. 1884 (Garza) – Property Tax: would do the following: (1) limit re-appraisals of
residential homesteads to no more often than once every three years; and (2) prevent taxable
value increases in years in which homesteads are not re-appraised. (Note: the intended effect of
this bill is to create a three and one-third-percent appraisal cap on homesteads, but its
constitutionality – absent an accompanying constitutional amendment – is questionable).
H.B. 1887 (Villarreal) – Property Tax: would, among other things: (1) require an appraisal
review board to include in a written order to resolve a protest the appraised value as determined
by the board for each account that was the subject of the protest; (2) provide that a district court
has jurisdiction over a timely petition if the property identified in the petition was the subject of
an appraisal review board hearing and the issuance of an order determining the protest, and if the
plaintiff identified in the petition was the owner or lessee of the property on January 1 of the tax
year, during the tax year, or as identified on the appraisal roll; (3) permit the property owner or
the owner’s agent to offer evidence of the market value or the equal and uniform value of the
property for purposes of a no evidence motion for summary judgment filed by an appraisal
district; (4) require a party to agree to alternative dispute resolution upon the written request of
the other party; (5) provide that an individual need not be a licensed real estate appraiser to offer
expert testimony with regard to the market value or equal and uniform value of property in an
appeal; and (6) 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
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auction average rate quoted on a bank discount basis for three-month treasury bills issued by the
federal government, while also providing that a taxing unit may not agree as part of any
settlement of a lawsuit to waive the interest.
H.B. 1888 (S. Miller) – E-Verify: would require an employer, including a city, to register and
participate in E-verify.
H.B. 1891 (S. Davis) – Search Warrants: would clarify that a search and seizure warrant for
data on an electronic communication or data storage device is considered to have been executed
within the time allowed if the device was seized within that time frame.
H.B. 1895 (Farias) – Elections: would require a city ordering a general election to order that
early voting by personal appearance at the main early voting polling place be conducted on at
least one Saturday and Sunday during the early voting period.
H.B. 1898 (Pickett) – Transportation Funding: would authorize the governing body of the
City of El Paso to call an election on the issue of imposing an additional fee up to ten dollars for
registering a vehicles to be used for road and bridge projects in the city.
H.B. 1899 (Pickett) – Cell Phone Ban: would: (1) exempt 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.
H.B. 1900 (Burnam) – Unfunded Mandates: would: (1) establish an unfunded mandates
interagency work group to consist of the state auditor, director of the Legislative Budget Board,
the comptroller, a senator, and a member of the house of representatives; (2) authorize the work
group to enter into an interagency memorandum of understanding regarding the completion of its
work; (3) provide that a political subdivision is not required to comply with an unfunded
mandate identified on the published list of unfunded mandates; and (4) repeal Government Code
Section 320.004, which provides for the review of unfunded mandates.
H.B. 1903 (Keffer) – 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.
H.B.1906 (D. Howard) – Vehicle Idling: would make it a class C misdemeanor offense to
violate a Texas Commission on Environmental Quality rule concerning locally enforced motor
vehicle idling limitations.
H.B. 1907 (Madden) – Student Offenses: would: (1) require that written notification by a law
enforcement agency to a superintendent concerning an offense committed by a student include
the facts contained in the earlier oral notification, the name of the person who was orally
notified, and the date and time of the oral notification; (2) require that oral and written notice
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concerning an offense committed by a student include all pertinent details including details of
any assaultive behavior and weapons used or possessed during the offense; and (3) give school
districts discretion over admission or placement of certain students.
H.B. 1911 (Bonnen) – Governmental Immunity: would provide immunity from liability for
injuries or damages incurred during training exercises for emergencies to the same extent a
person would be immune for providing services during an actual emergency.
H.B. 1912 (Bonnen) – 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.
H.B. 1913 (Hancock) – Plastic Bags: would: (1) require certain businesses to take certain
actions to reduce the use of plastic checkout bags; and (2) preempt a conflicting local ordinance
or rule. (Companion bill is S.B. 908 by Fraser.)
H.B. 1914 (W. Smith) – Solid Waste: would require the Texas Commission on Environmental
Quality to adopt rules to require additional financial assurance for certain commercial solid
waste facilities.
H.B. 1919 (Price) – Animal Cruelty: would provide a defense to prosecution for cruelty to a
dog if the individual had a reasonable fear of serious injury from the dog to himself or another
person.
H.B. 1920 (Pickett) – Transportation: would make various changes relating to transportation
planning and funding, including among others:
1. providing that the Texas Transportation Commission consists of five members, of which
three are appointed by the governor with the advice and consent of the senate, one is
appointed by the lieutenant governor, and one is appointed by the governor with the
advice and consent of the senate from a list provided by the speaker of the house of
representatives;
2. mandating that the commission align Texas Department of Transportation (TxDOT)
district boundaries along the boundaries of regional planning commissions;
3. creating a ten-member legislative oversight committee on transportation, which shall
appoint an inspector general who will cooperate and coordinate with the state auditor’s
office to oversee TxDOT operations;
4. providing that TxDOT shall develop a statewide transportation program and budget plan,
which includes detailed planning and financial reporting requirements;
5. providing that each metropolitan planning organization shall, for the area in its
boundaries, select projects and order them in priority (for an area that is not within an
MPO, each TxDOT district office will prepare a plan).
6. providing that an MPO may also prepare and update periodically a long-range
transportation plan for its region;
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7. providing that, in developing a plan, an MPO shall seek the opinions and assistance of the
appropriate transportation officials, and TxDOT and an MPO may enter into a
memorandum of understanding relating to the planning of transportation services;
8. requiring TxDOT to use the MPO project lists to create the statewide transportation
program and budget.
9. allowing the commission to adopt rules to allow an MPO to loan funds to another MPO
(but only if required to avoid the lapsing of federal appropriations authority);
10. providing that the statewide transportation program and budget shall be organized first by
region, then by mode of transportation, followed by the year of the project, and the
commission shall adopt rules that create funding formulas for transportation projects after
considering the input of planning organizations, transportation officials, and county and
municipal officials;
11. providing that all funds received by TxDOT for highways, including toll roads and toll
road systems, that may be allocated in the state’s or TxDOT’s discretion shall be
allocated by a formula to each MPO that is based on performance measures and includes
at least the following criteria: (a) centerline miles; (b) level of congestion; (c) percentage
of population below federal poverty level; (d) population; (e) safety; and (f) vehicle miles
traveled;
12. mandating that the commission allocate to the MPOs funding for the project costs of all
transportation projects;
13. providing that TxDOT shall develop an interactive, Web-based system for the tracking of
MPO allocations and projects, and that MPOs shall be granted access to the system
through a secure site to input information regarding projects and the associated project
costs; and
14. mandating the application of local conflict of interest laws to an MPO board member.
H.B. 1923 (Zedler) – Intergovernmental Relations: would: (1) require a city that contracts
with a federal-level government relations consultant to require the consultant to report to the
Office of State-Federal Relations information about the contract and any subcontract including:
(a) the name of the consultant; (b) the issues for which the consultant hired to provide services;
and (c) the amount paid to the consultant; (2) provide for liquidated damages in the amount of
$1,000 for each day the consultant fails to comply with the reporting requirement; (3) require the
report to be filed within 30 days of hire and 30 days of when the contract expires or is
terminated; and (4) require the consultant to pay a $250 fee when submitting the report.
H.B. 1926 (Aliseda) – Elections: would, among other things, provide that: (1) the presiding
judge or a special peace officer may not remove an alternate presiding judge from the polling
place without the approval of an election official other than the presiding judge or special peace
officer and documentation from the presiding judge of the reason for removal; (2) a person is
eligible for appointment as a special peace officer only if the person is licensed as a peace officer
by the Texas Commission on Law Enforcement Officer Standards and Education; and (3) any
information provided by a poll watcher that may be used to identify the watcher is confidential
and may only be used for election administration purposes.
H.B. 1928 (Zedler) – Offenses Against Public Administration: would: (1) establish the public
integrity unit in the office of the attorney general; (2) give the unit authority to prosecute an
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offense against public administration, an offense involving insurance fraud, and an offense
involving motor fuels tax; (3) authorize the attorney general to direct the county or district
attorney to prosecute or assist in the prosecution of an offense described in (2), above; (4) require
local law enforcement agencies to cooperate with the unit; (5) provide for the venue for
prosecution by the unit; and (6) authorize the employment of commissioned peace officers by the
attorney general to investigate certain offenses for the unit.
H.B. 1929 (Aliseda) – Sexually Oriented Businesses: would create a state licensing scheme to
be administered by the State Department of Health Services for owners, operators, employees, or
independent contractors of sexually oriented businesses; (2) provide certain requirements that
must be met to obtain a license, including ineligibility if a person has been convicted of certain
criminal offenses; (3) prohibit a person from owning, operating, or working at, or otherwise
engaging in a business transaction as an owner, operator, employee, or independent contractor at,
a sexually oriented business unless the person holds a state license; (4) create civil and criminal
penalties for a violation under the bill; and (5) provide that the bill’s requirements are in addition
to any municipal or county regulation and that, to the extent of a conflict between the bill and a
municipal or county regulation, the bill controls.
H.B. 1930 (Zedler) – Human Trafficking: would, among other things, propose that the Human
Trafficking Prevention Task Force examine the extent to which human trafficking is associated
with the operation of sexually oriented businesses.
H.B. 1933 (W. Smith) – Metal Recycling: would, among many other things: (1) add various
items, including fire hydrants, an item with the logo of a governmental entity or utility, and wire
that has been burned to remove the insulation, to the list of regulated metals under state law; (2)
provide that a county, city, or other political subdivision may require the record of purchase of
regulated metals to contain a clear and legible thumbprint of a seller; (3) provide that a county,
city, or other political subdivision that issues a license or permit to a metal recycling entity shall
issue a notice to an owner or operator that is operating without the license or permit informing
the owner or operator that the owner or operator may be subject to criminal and civil penalties if
the owner or operator does not submit an application for the appropriate license or permit; (4)
provide that a person commits a misdemeanor if the person owns or operates a metal recycling
entity and does not submit an application for the appropriate license or permit; (5) authorize the
Department of Public Safety (DPS) to enter into contracts relating to the operation of the
statewide electronic reporting system and database; and (6) from fines collected and distributed
to the DPS for violations of metal recycling laws, mandate that DPS by rule establish and
implement a grant program to provide funding to assist local law enforcement agencies in
preventing the theft of regulated metals.
H.B. 1939 (Menendez) – Texas Municipal Retirement System: would create an advisory
committee to assist the board of trustees of the Texas Municipal Retirement System. (Note: An
advisory committee currently exists, and this bill would codify that requirement.)
H.B. 1959 (Thompson) – Alcoholic Beverage Permit: would require that an individual who is
denied an alcoholic beverage permit or license based on the certification of a city or county be
given a hearing before the Alcoholic Beverage Commission.
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H.B. 1961 (Deshotel) – Police 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.
H.B. 1962 (Villarreal) – Municipal Court: would: (1) require a city’s governing body to
approve certain special programs that a municipal judge may require a juvenile to attend after an
adjudication of guilt, if a city expenditure would be involved; and (2) increase the caps on cost of
the special program or a similar program for the parents of the juvenile.
H.B. 1964 (Villareal) – Municipal Court: would: (1) authorize a municipal court judge to
require a juvenile defendant to perform community service in lieu of a fine or cost; (2) allow the
juvenile to discharge the community service obligation by paying at any time the fine and costs
assessed; and (3) limit the judge’s liability for damages arising from the community service.
H.B. 1966 (Chisum) – Recycling: would provide for manufacturer registration, recovery plans,
and other responsibilities relating to television recycling for television manufacturers.
H.B. 1968 (Chisum) – 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
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
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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.
H.B. 1971 (J, Jackson) – 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.
H.B. 1972 (Harper-Brown) – Electronic Reporting: would require each state agency to
encourage public entities, including cities, to electronically submit all reports and
correspondence required under state law.
H.B. 1974 (Sheets) – Texas Municipal Retirement System: would: (1) require the Texas
Municipal Retirement System to establish and administer a defined contributions plan under
which a participant pays contributions to the plan for the purchase of investment products; (2)
make the defined contribution plan mandatory for any person employed on or after September 1,
2012, and who was not a member of the system upon employment; (3) make the defined
contribution plan optional for any employee who is a current contributing member of the
retirement system; (4) make a change to a defined contribution plan irrevocable; (5) make a
change to a defined contribution plan terminate any rights a person had in membership in TMRS;
and (6) vest benefits in the defined contribution plan on the first anniversary of the person’s
participation in the plan.
H.B. 1976 (P. King) – Elections: would repeal the state law allowing a registered voter who
changes residence to another election precinct in the same county to vote a full ballot in the
election precinct of former residence until the voter’s registration in the new precinct becomes
effective.
H.B. 1977 (P. King) – Elections: would provide that the ballot of a voter may not be counted if
the voter either does not sign the signature roster at a polling place, or have an election officer
enter the voter’s name with a notation indicating the reason why the voter could not sign.
H.B. 1978 (P. King) – Elections: would provide that a person whose name appears on a
precinct suspense list of registered voters may only cast a provisional ballot.
H.B. 1979 (Laubenberg) – 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
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boundaries unless the district consents to noncontiguous annexation pursuant to a strategic
partnership agreement with the city.
H.B. 1982 (Callegari) – 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.
H.B. 1984 (Hancock) – Vehicle Storage: would require a vehicle storage facility to allow an
insurance company access to vehicles if the owner of the vehicle authorizes the company to
inspect or remove the vehicle under a claim of loss.
H.B. 1985 (S. Turner) – Municipal Court: would: (1) limit the ability of the state to revoke the
city’s ten percent part of the court costs, fees, and fines remitted to the state to only cases where
there is a conviction; and (2) extend the time period during which a city may reestablish
compliance with the rules regarding remitting court costs, fees, and fines to the state before the
city is barred from collecting a service fee from those funds.
H.B. 1986 (S. Turner) – Electric Generation: would provide that: (1) the Public Utility
Commission by rule shall develop a process for obtaining emergency reserve power generation
capacity as appropriate to prevent blackout conditions caused by shortages of generated power in
the ERCOT power region; and (2) the rules must provide parameters for estimating the amount
of emergency reserve power generation capacity necessary to prevent blackout conditions and
mechanisms for equitably sharing the costs of contracting for the reserve capacity to be available
and the costs of generated power provided to prevent blackout conditions; (3) in accordance with
rules adopted under the bill, a regional independent power organization shall contract with power
generation companies for a defined amount of emergency reserve power generation capacity to
prevent blackouts caused by shortages of generated power; and (3) before the regional
independent power organization calls on the emergency reserve power generation capacity to
prevent blackout conditions, it shall undertake to use all market sources of power and demand
reduction available in accordance with commission rules adopted under the bill.
H.B. 1987 (Workman) – Workers’ Compensation: would: (1) require construction contractors
and subcontractors to provide workers’ compensation insurance coverage for each of their
employees; and (2) provide that, if the contractor enters into a contract with a governmental
entity for a public project, the coverage must be satisfactory to the governing body of the
governmental entity.
H.B. 1988 (Gallego) – Peace Officers: would allow one immediate family member of a peace
officer killed as a result of criminal conduct to speak in court regarding the terms of any plea
bargain agreement.
H.B. 1992 (Hardcastle) – Animal Control Fees: would allow the Texas Animal Health
Commission to impose animal fees, including fees for: (1) inspection of animals or facilities; (2)
disease testing; (3) obtaining samples from animals for disease testing; (4) disease prevention,
control, or eradication; (5) treatment efforts; (6) control and eradication of ticks and other pests;
and (7) any other service for which the commission incurs a cost.
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H.B. 1994 (Weber) – 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.
H.B. 1995 (Weber) – TCEQ Enforcement: would: (1) remove Travis County as a possible
venue for alleged violations of most Texas Commission on Environmental Quality (TCEQ) rules
or criminal statutes; and (2) change the ratio of fine sharing for a prosecution of a violation of
most TCEQ rules or criminal statutes between the TCEQ and any local government significantly
involved in prosecuting the case from an even division to ninety percent to the state and ten
percent to the local government.
H.B. 2000 (Garza) – 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 company and the general partner or member
is controlled by a public facility corporation.
H.B. 2010 (Smithee) – Construction Contracts: 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
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. (Companion bill is S.B. 361 by Duncan.)
H.B. 2013 (Hardcastle) – 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
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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.
H.B. 2019 (McClendon) – Municipal Court: would: (1) authorize a city to create a pretrial
victim-offender mediation program for first-time offenders accused of certain property crimes;
and (2) require a defendant to pay for program costs up to a certain point, plus a $15 fee to be
deposited in a fund exclusively for the maintenance of the program.
H.B. 2025 (McClendon) – Solid Waste: would provide that a commissioners court by rule may
regulate solid waste collection, handling, storage, and disposal by establishing a mandatory
program in an area located within the extraterritorial jurisdiction of a city only if: (1) the area has
a population density of more than 3,000 persons per square mile; and (2) the commissioners
court or the governing body of the city has determined that the area has an established problem
with the illegal dumping of household garbage.
H.J.R. 103 (Fletcher) – Property Tax: would amend the Texas Constitution to allow the
legislature to adopt a statute providing for a credit against the ad valorem taxes imposed by a
taxing unit on property based on the costs the owner of the property has contracted to pay to have
a building constructed on the property that is to be used for commercial or industrial purposes.
(Note: Please see H.B. 1685, above.)
H.J.R. 106 (Christian) – Offense Against Public Administration: would amend the Texas
Constitution to give the attorney general authority to represent the state in the prosecution of
criminal and civil offenses classified by law as offenses against public administration (including
ethics offenses) or as offenses involving insurance fraud. (Note: please see H.B. 1712, above.)
H.J.R. 107 (Ritter) – Property Tax: would amend the Texas Constitution to include water
stewardship as a category of open-space land to be taxed on the basis of its productive capacity.
(Note: Please see H.B. 1733, above.)
H.J.R. 108 (Madden) – Property Tax: would amend the Texas Constitution to allow the
Legislature to limit the maximum appraised value of a residence homestead for property tax
purposes if the homestead is owned by a veteran of the armed services of the United States and
was donated to or renovated for the veteran at no charge to the veteran. (Note: Please see H.B.
1880, above.)
S.B. 763 (Ellis) – Banking Development Districts: would provide that: (1) a city, in
conjunction with a financial institution, may submit an application to the Finance Commission of
Texas for the designation of a banking development district; (2) a city council in a city in which
a banking development district has been designated may adopt a resolution designating a
financial institution located in the district as a banking district depository; (3) a city may deposit
public funds with a financial institution designated as a banking district depository regardless of
whether the institution is designated as a state depository by the comptroller; (4) a city council
may enter into a tax abatement agreement with a financial institution that owns property in a
banking development district; and (5) the designation of an area as a banking development
district constitutes designation of the area as a reinvestment zone without further hearing or other
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22
procedural requirements, except that the property is eligible for tax abatement only if the
property is owned by a financial institution.
S.B. 875 (Fraser) – 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.
S.B. 898 (Carona) – Energy Efficiency Programs: would provide that: (1) each political
subdivision, institution of higher education, or state agency shall establish a goal to reduce the
electric consumption by the entity by at least five percent each state fiscal year for 10 years,
beginning September 1, 2011; (2) a political subdivision, institution of higher education, or state
agency that does not attain the goals established under (1), above, must provide justification to
the State Energy Conservation Office that the entity has already implemented all available
measures; (3) the Texas A&M energy systems laboratory shall calculate, based on the evaluation
and forms submitted to SECO, the amount of energy savings and estimated reduction in
pollution achieved as a result of the implementation of programs; and (4) the laboratory shall
share the information with the United States Environmental Protection Agency and ERCOT to
help with long-term forecasting and in estimating pollution reduction.
S.B. 901 (Hegar) – Disposal of Ambulances: would require that recipients of certain grants for
the purchase of an ambulance obtain approval from the Department of State Health Services to
dispose of the ambulance if the recipient attempts to do so before the fourth anniversary of the
date the grant is awarded.
S.B. 904 (Patrick) – Elections: this bill is the same as H.B. 1697 and H.B. 1773, above.
S.B. 908 (Fraser) – Plastic Bags: this bill is the same as H.B. 1913, above.
S.B. 911 (Lucio) – Fire/Police Civil Service: would amend Chapter 143 of the Local
Government Code to limit the way in which a civil service city may investigate a complaint
against a police officer or firefighter, including: (1) limiting the times at which a police officer or
firefighter may be interrogated; (2) not allowing interrogation of a police officer or firefighter at
his/her home; (3) specifying the individuals who may perform the investigation; and (4) limiting
the way in which an interrogation of a police officer or firefighter may be conducted.
(Companion bill is H.B. 43 by Menendez.)
S.B. 913 (Estes) – Pseudoephedrine: would, among other things, provide that: (1) a business
establishment may not sell to a person who makes over-the-counter purchases of one or more
products containing ephedrine, pseudoephedrine, or norpseudoephedrine more than nine grams
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23
of those substances within a 30-day period; (2) before completing an over-the-counter sale of a
product containing ephedrine, pseudoephedrine, or norpseudoephedrine, a business
establishment shall transmit the sale information to a real-time electronic logging system used by
pharmacies and law enforcement agencies and personnel, such as the National Precursor Log
Exchange, that is administered by a nonprofit organization involved in the prevention and
investigation of prescription drug diversion , if such a system is available to the establishment at
no cost; and (3) a business establishment may not complete an over-the-counter sale of a product
containing ephedrine, pseudoephedrine, or norpseudoephedrine if a real-time electronic logging
system returns a report that the completion of the sale would result in the person obtaining an
amount greater than allowed by the bill or current law, regardless of whether all or some of the
products previously obtained by the buyer were sold at another business establishment.
(Companion bill is H.B. 1137 by Darby.)
S.B. 917 (Wentworth) – Emergency Services Districts: would: (1) allow for the consolidation
of emergency services districts if the board of each district determines that consolidation would
allow the districts to provide services more efficiently and adopts a joint order of consolidation;
(2) require each emergency services commissioner to complete a training course provided or
approved by the Texas Department of Rural Affairs; and (3) authorize the board of directors of
an emergency services district to contract with a volunteer fire department, local government, or
other district to provide staff, facilities, equipment, programs, or services the board considers
necessary to provide emergency services.
S.B. 924 (Carona) – Municipally Owned Electric Utilities: would provide that: (1) beginning
April 1, 2012, a municipally owned utility must report each year to the State Energy
Conservation Office (SECO), on a standardized form developed by 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; (2) SECO shall provide the reports to the Texas
A&M energy systems laboratory, which shall calculate the energy savings and estimated
pollution reductions that resulted from the reported activities; (3) the energy systems laboratory
shall share the results of the analysis with the Public Utility Commission of Texas, ERCOT, the
United States Environmental Protection Agency, and the Texas Commission on Environmental
Quality.
S.B. 925 (Ellis) – 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 tenant-based assistance.
S.B. 933 (Ellis) – 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.
S.B. 937 (Lucio) – 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
Town Council 101 of 106 Meeting Date: March 7, 2011
24
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.
S.B. 938 (Lucio) – Workers’ Compensation: this bill is the same as H.B. 1739, above.
S.B. 952 (Davis) – Property Tax: would require the assessor for a taxing unit to deliver a tax
bill by electronic means to a person listed on the tax roll and that person’s authorized agent if: (1)
the assessor has implemented procedures to permit delivery of a bill by electronic means; and (2)
on or before September 15 the person or person’s authorized agent submits a written request to
receive an electronic tax bill to the assessor. An assessor who delivers a tax bill electronically
under this section does not need to mail the same bill. (Companion bill is H.B. 843 by Geren
.)
S.B. 968 (Nelson) – Municipal Court: would: (1) require a judge during a trial of an offense
under the Penal Code to make an affirmative finding of fact and enter the affirmative finding in
the judgment if the judge determines that the victim or intended victim was younger than
seventeen years of age at the time of the offense; (2) in a case where the victim or intended
victim is found to have been younger than seventeen years of age at the time of the offense,
require the person convicted of the offense to pay $50 and the city to send all but ten percent of
that fee to the state for inclusion in a fund for administrative contracts with volunteer child court
advocates.
S.B. 971 (Hinojosa) – Emergency Communications: would: (1) require the 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 that will 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; (4) require the vendors to share
2.5 percent of gross revenue to any city in which a sign is in the city limits or extraterritorial
jurisdiction and 2.5 percent to the state for general revenue; (4) allow local law enforcement to
provide emergency information that must be shown on the signs; and (4) allow the erection of
such signs without requiring compliance with municipal sign ordinances or permission from the
city in which the sign is located. (Companion bill is H.B. 1765 by S. Miller.)
S.B. 979 (Carona) – Energy Efficiency: would provide that: (1) an area emission credit
reduction organization may establish an energy efficiency market emission reduction credit
program through which a utility, municipal utility, electric cooperative, state or local
government, or energy service company that has a program of energy efficiency measures
established in a nonattainment or near nonattainment area 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; and (2) each organization shall
file with the Texas A&M energy systems laboratory a report including any transactions related to
the creation of an energy efficiency market emission reduction credit program.
Town Council 102 of 106 Meeting Date: March 7, 2011
25
S.B. 980 (Carona) – 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)
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.
S.B. 985 (Carona) – 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.
S.B. 990 (Carona) – High Occupancy Vehicle Lanes: would: (1) authorize an executive
committee by resolution to provide that violations regarding improper entrance into, exit from, or
vehicle occupancy in high occupancy vehicle lanes operated, managed, or maintained by a
regional transportation authority incur a penalty, not to exceed $100; and (2) provide that a
person commits a class C misdemeanor offense if the person fails to pay the penalty authorized
in (1), above. (Companion bill is H.B. 1762 by Harper-Brown.)
S.B. 994 (Ogden) – Municipal Court Fees: would require a municipal court to collect a $100
fee if a person is convicted of a class C drug-related misdemeanor, and to remit the entire fee to
the state for credit to the general revenue fund to be used for law enforcement purposes.
S.B. 997 (Shapiro) – Elections: would provide that a copy of an application for a ballot to be
voted by mail is not available for public inspection, except to the voter seeking to verify that the
information pertaining to the voter is accurate, until the first business day after election day.
S.B. 1002 (Van de Putte) – Municipally Owned Utilities: would include bill payment
assistance programs for certain disabled veterans to be included in the first lien against the
revenue of a municipally owned gas or utility system in a city with a population of more than one
million.
S.B. 1004 (Lucio) – Beverage Tax
: would impose a tax on each retail sale of a soft drink and
require the revenue from the tax to be deposited in the state’s general revenue fund.
S.B. 1012 (Huffman) – Juvenile Case Manager: would expand the permitted uses of the
juvenile case manager fund to include training expenses, travel expenses, costs of office supplies
Town Council 103 of 106 Meeting Date: March 7, 2011
26
and other operating and maintenance costs of the juvenile case manager. (This bill is identical to
H.B. 903 by Thompson.)
S.B. 1013 (Davis) – Sex Offender Registration: would require a change to the sex offender
registration form to allow a city to require the palm print of a person required to register as a sex
offender as part of local registration.
S.B. 1018 (Davis) – Motor Vehicle Stops: would: (1) require that a report required for a motor
vehicle stop include the race or ethnicity of each passenger; and (2) impose requirements as to:
(a) components of the statewide transportation plan; and (b) the establishment of a uniform
program for hazardous materials transportation registration and permitting in order to maximize
federal funding for certain transportation projects.
S.B. 1024 (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.
S.B. 1030 (Carona) – 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.
S.B. 1031 (Carona) – Energy Efficiency: would – among many other things – provide that: (1)
to achieve energy conservation in the construction of, renovations to, and additions to all
residential, commercial, and industrial buildings in this state, the State Energy Conservation
Office (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; (2) SECO shall set an
effective date for an energy code adopted under (1), 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; (3) a city shall 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; (4) 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; (5) a city or county may
establish procedures to adopt local amendments to the International Energy Conservation Code;
and (6) the energy systems laboratory shall: (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.
Town Council 104 of 106 Meeting Date: March 7, 2011
27
S.B. 1033 (Seliger) – Elections: would provide that the governing body of a political
subdivision, other than a county, that holds its general election for officers on a date other than
the November uniform election date may, not later than December 31, 2012, change the date on
which it holds its general election for officers to the November uniform election date.
(Companion bill is H.B. 1545 by Lewis
.)
S.B. 1037 (Carona) – Sexually Oriented Businesses: would: (1) impose a gross receipts tax
on admissions fees charged by sexually oriented businesses; (2) transfer the tax proceeds to the
foundations school fund, general revenue fund, and sexual assault program fund; and (3) repeal
the $5 sexually oriented business admissions fee.
S.B. 1039 (Ellis) – Elections
: would, if the director of the census determines that a political
subdivision must provide election materials in a language other than English or Spanish, require
a political subdivision to provide the election materials in the same manner in which the political
subdivision would be required to provide materials in Spanish under current law.
S.B. 1040 (Ellis) – Sales Tax
: would exempt various energy-efficiency products from sales tax
if sold on Memorial Day weekend.
S.B. 1048 (Jackson) – Public/Private Partnerships: would create a program with detailed
criteria to encourage public and private facilities and infrastructure.
S.B. 1049 (Davis) – Gas Drilling: would provide that: (1) the Railroad Commission shall adopt
rules requiring the owner or operator of a gas well on which hydraulic fracturing treatment
operations have been performed or a person who has performed hydraulic fracturing treatment
operations on a well to disclose to the commission in writing information regarding the
operations, following the completion of those operations; and (2) the rules must meet certain
criteria as laid out in the bill.
S.J.R. 30 (Ogden) – Transportation Funding: would amend the constitution to provide that:
(1) the net revenue derived from the portions of the rates of the taxes imposed on gasoline and
diesel fuel that exceed the rates of the taxes imposed on January 1, 2011, but not to exceed a
portion of the rates equal to five cents, for each net gallon or fractional part on which the taxes
are imposed, shall be allocated to a separate account in the state highway fund; and (2) revenue
allocated to the account in the state highway fund under the bill and interest on the revenue may
be appropriated only to repay the principal of and interest on: (1) notes issued and loans obtained
for transportation purposes; and (2) bonds and other public securities issued, and bond
enhancement agreements entered into for transportation purposes.
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.
Town Council 105 of 106 Meeting Date: March 7, 2011
28
Among the city officials who recently testified in front of legislative committees are the
following:
• Raul Salinas, Mayor, Laredo
• Robert Benitez, Police Department, Dallas
• James Hawthorne, Assistant Police Chief, Arlington
• James Jones, Police Captain, Houston
• Stewart Milner, Chief Judge, Arlington
• David Robertson, Airport Operations Coordinator, Houston
• Annise D. Parker, Mayor, Houston
• Andy Accord, Deputy Police Chief, Dallas
• Brent Money, City Attorney, Greenville
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 106 of 106 Meeting Date: March 7, 2011