Loading...
Agenda Packet TC 04/20/2009 - SupplementSA L A R I E S W O R K S H E E T 50 0 0 5 50 0 1 0 50 0 1 1 50 0 1 6 50017 50020 Employee Portion FY 2 0 0 8 - 0 9 To t a l Ov e r t i m e Ho l i d a y Ba s e P a y Ba s e P a y Sa l a r i e s Pa y Pa y Lo n g e v i t y Certification TMRS Dental Vision Medical % No S p l i t Wi t h S p l i t & W a g e s Ra t e Lo n g e v i t y Rate Certification 12.30%Ins Ins Ins Fi r e C h i e f 49 % 87 , 3 1 2 . 4 2 42 , 7 8 3 . 0 9 42 , 7 8 3 . 0 9 - - 83 2 . 5 0 40 7 . 9 3 - - 5,312.49 273.21 - 3,769.06 Fi r e L i e u t e n a n t 49 % 56 , 8 6 9 . 5 4 27 , 8 6 6 . 0 7 27 , 8 6 6 . 0 7 - 93 8 . 6 4 16 5 . 0 0 80 . 8 5 900.00 441.00 3,514.94 - - 1,734.12 Fi r e L i e u t e n a n t 49 % 66 , 2 6 3 . 6 0 32 , 4 6 9 . 1 6 32 , 4 6 9 . 1 6 - 1, 1 2 3 . 9 3 1, 1 1 7 . 5 0 54 7 . 5 8 900.00 441.00 4,253.53 163.22 48.13 1,734.12 Fi r e L i e u t e n a n t 49 % 62 , 8 3 0 . 3 0 30 , 7 8 6 . 8 5 30 , 7 8 6 . 8 5 - 1, 0 6 5 . 7 0 50 2 . 5 0 24 6 . 2 3 - - 3,948.14 273.21 48.13 3,769.06 Dr i v e r / F i r e F i g h t e r / E M T - P 49 % 53 , 0 4 6 . 5 0 25 , 9 9 2 . 7 9 25 , 9 9 2 . 7 9 - 85 6 . 9 0 56 2 . 5 0 27 5 . 6 3 600.00 294.00 3,220.32 273.21 48.13 3,769.06 Dr i v e r / F i r e F i g h t e r / E M T - P 49 % 49 , 8 8 1 . 2 6 24 , 4 4 1 . 8 2 24 , 4 4 1 . 8 2 - 80 5 . 7 7 16 5 . 0 0 80 . 8 5 900.00 441.00 3,026.47 110.00 19.16 2,524.50 Dr i v e r / F i r e F i g h t e r / E M T - P 49 % 51 , 0 3 9 . 3 0 25 , 0 0 9 . 2 6 25 , 0 0 9 . 2 6 - 82 4 . 4 8 21 5 . 0 0 10 5 . 3 5 1,500.00 735.00 3,134.42 273.21 - - Fi r e F i g h t e r / E M T - P 49 % 48 , 6 0 8 . 8 2 23 , 8 1 8 . 3 2 23 , 8 1 8 . 3 2 - 82 4 . 4 8 21 5 . 0 0 10 5 . 3 5 600.00 294.00 3,080.18 163.22 - 1,734.12 Fi r e F i g h t e r / E M T - P 49 % 43 , 4 0 7 . 7 8 21 , 2 6 9 . 8 1 21 , 2 6 9 . 8 1 - 71 9 . 2 9 - - 600.00 294.00 2,680.53 110.00 - - Fi r e F i g h t e r / E M T - P 49 % 42 , 4 0 7 . 5 6 20 , 7 7 9 . 7 0 20 , 7 7 9 . 7 0 - 71 9 . 2 9 - - - - 2,644.36 163.22 48.13 - Fi r e F i g h t e r / E M T - P 49 % 44 , 2 7 6 . 1 8 21 , 6 9 5 . 3 3 21 , 6 9 5 . 3 3 - 75 0 . 9 9 - - - - 2,760.88 - - - Fi r e F i g h t e r / E M T - P 49 % 54 , 0 2 3 . 8 4 26 , 4 7 1 . 6 8 26 , 4 7 1 . 6 8 - 91 6 . 3 2 54 7 . 5 0 26 8 . 2 8 600.00 294.00 3,437.87 110.00 19.16 3,769.06 Fi r e F i g h t e r / E M T - P 49 % 42 , 4 0 7 . 5 6 20 , 7 7 9 . 7 0 20 , 7 7 9 . 7 0 - 71 9 . 2 9 - - - - 2,644.36 - - - To w n M a n a g e r 10 0 % 12 1 , 6 4 2 . 0 4 12 1 , 6 4 2 . 0 4 12 1 , 6 4 2 . 0 4 - - 15 5 . 0 0 15 5 . 0 0 - - 15,719.02 - - - As s i s t a n t T o w n M a n a g e r 10 0 % 90 , 7 8 0 . 5 6 90 , 7 8 0 . 5 6 90 , 7 8 0 . 5 6 - - - - - - 11,756.74 - - - To w n / M U D S e c r e t a r y 50 % 71 , 4 4 0 . 4 6 35 , 7 2 0 . 2 3 35 , 7 2 0 . 2 3 - - 48 7 . 5 0 24 3 . 7 5 - - 4,423.56 - - - De p u t y T o w n / M U D S e c r e t a r y & R M O 50 % 56 , 5 0 8 . 4 0 28 , 2 5 4 . 2 0 28 , 2 5 4 . 2 0 - - 75 7 . 5 0 37 8 . 7 5 - - 3,521.85 - - - Ad m i n i s t r a t i v e A s s i s t a n t - M g r O f f i c e 50 % 32 , 4 6 0 . 4 8 16 , 2 3 0 . 2 4 16 , 2 3 0 . 2 4 - - - - - - 1,996.32 278.79 49.12 3,845.98 Fi n a n c e D i r e c t o r / C o u r t A d m i n i s t r a t o r 50 % Ch i e f F i n a n c i a l A n a l y s t 50 % 65 , 7 2 4 . 1 0 32 , 8 6 2 . 0 5 32 , 8 6 2 . 0 5 - - 57 7 . 5 0 28 8 . 7 5 - - 4,077.54 - - - Se n i o r A c c o u n t a n t 50 % 62 , 9 5 8 . 2 2 31 , 4 7 9 . 1 1 31 , 4 7 9 . 1 1 - - 1, 5 3 0 . 0 0 76 5 . 0 0 - - 3,966.03 112.24 19.55 - Fi n a n c i a l A n a l y s t 50 % 48 , 9 6 0 . 3 4 24 , 4 8 0 . 1 7 24 , 4 8 0 . 1 7 - - - - - - 3,011.04 278.79 49.12 3,845.98 Hu m a n R e s o u r c e s C o o r d i n a t o r 50 % 50 , 3 8 9 . 0 4 25 , 1 9 4 . 5 2 25 , 1 9 4 . 5 2 - - 13 5 . 0 0 67 . 5 0 - - 2,936.55 166.55 - - In f o r m a t i o n S e r v i c e s D i r e c t o r 50 % 68 , 0 2 5 . 8 8 34 , 0 1 2 . 9 4 34 , 0 1 2 . 9 4 - - 46 5 . 0 0 23 2 . 5 0 - - 4,212.18 - - - Ne t w o r k S u p p o r t S p e c i a l i s t 50 % 47 , 4 3 0 . 2 4 23 , 7 1 5 . 1 2 23 , 7 1 5 . 1 2 - - - - - - 2,916.96 - - - To w n A t t o r n e y 10 0 % 10 5 , 3 6 1 . 6 2 10 5 , 3 6 1 . 6 2 10 5 , 3 6 1 . 6 2 - - - - - - 12,959.40 - - - Po l i c e C h i e f 10 0 % 92 , 5 1 4 . 5 0 92 , 5 1 4 . 5 0 92 , 5 1 4 . 5 0 - - 13 5 . 0 0 13 5 . 0 0 - - 11,395.89 557.58 98.23 - Ad m i n i s t r a t i v e A s s i s t a n t F D / P D 50 % 35 , 9 4 5 . 0 0 17 , 9 7 2 . 5 0 17 , 9 7 2 . 5 0 2, 2 7 5 . 0 0 - - - - - 2,490.44 112.24 19.55 - Co m m a n d e r 10 0 % 69 , 3 4 3 . 8 2 69 , 3 4 3 . 8 2 69 , 3 4 3 . 8 2 - - 90 7 . 5 0 90 7 . 5 0 - - 8,788.50 557.58 - 7,691.96 Co m m a n d e r 10 0 % 73 , 4 9 5 . 5 0 73 , 4 9 5 . 5 0 73 , 4 9 5 . 5 0 - - 1, 2 8 2 . 5 0 1, 2 8 2 . 5 0 1,200.00 1,200.00 9,345.28 557.58 - - Po l i c e S e r g e a n t 10 0 % 59 , 2 2 9 . 5 6 59 , 2 2 9 . 5 6 59 , 2 2 9 . 5 6 - 2, 0 5 0 . 2 5 87 0 . 0 0 87 0 . 0 0 1,200.00 1,200.00 7,792.02 557.58 - 7,691.96 Pa t r o l O f f i c e r 10 0 % 44 , 2 7 0 . 4 6 44 , 2 7 0 . 4 6 44 , 2 7 0 . 4 6 - 1, 6 5 8 . 6 4 - - 600.00 6,097.72 - 39.10 3,539.03 Pa t r o l O f f i c e r 10 0 % 41 , 9 0 3 . 6 8 41 , 9 0 3 . 6 8 41 , 9 0 3 . 6 8 - 1, 4 1 5 . 8 9 - - - - 5,205.27 557.58 98.23 3,539.03 Pa t r o l O f f i c e r 10 0 % 53 , 7 3 6 . 5 4 53 , 7 3 6 . 5 4 53 , 7 3 6 . 5 4 - 1, 8 6 0 . 1 1 71 2 . 5 0 71 2 . 5 0 900.00 900.00 7,036.71 557.58 98.23 7,691.96 Pa t r o l O f f i c e r 10 0 % 47 , 1 5 1 . 5 2 47 , 1 5 1 . 5 2 47 , 1 5 1 . 5 2 - 1, 6 3 2 . 1 7 25 0 . 0 0 25 0 . 0 0 600.00 600.00 6,104.94 - - - Pa t r o l O f f i c e r 10 0 % 40 , 9 0 3 . 4 6 40 , 9 0 3 . 4 6 40 , 9 0 3 . 4 6 - 1, 4 1 5 . 8 9 - - - - 5,205.27 - - - Pa t r o l O f f i c e r 10 0 % 47 , 0 7 5 . 8 6 47 , 0 7 5 . 8 6 47 , 0 7 5 . 8 6 - 1, 6 2 9 . 5 4 20 0 . 0 0 20 0 . 0 0 600.00 600.00 6,089.14 224.48 39.10 3,539.03 Pa t r o l O f f i c e r 10 0 % 45 , 2 9 1 . 7 4 45 , 2 9 1 . 7 4 45 , 2 9 1 . 7 4 - 1, 5 6 7 . 7 9 - - - - 5,763.71 224.48 - - Pa t r o l O f f i c e r 10 0 % 42 , 7 4 1 . 6 6 42 , 7 4 1 . 6 6 42 , 7 4 1 . 6 6 - 1, 0 8 9 . 9 7 - - 900.00 900.00 5,376.51 224.48 - - Pa t r o l O f f i c e r 10 0 % 40 , 9 0 3 . 4 6 40 , 9 0 3 . 4 6 40 , 9 0 3 . 4 6 - 1, 0 6 8 . 5 9 - - - - 5,162.55 - - - AC / C E O f f i c e r 10 0 % 56 , 8 7 6 . 0 4 56 , 8 7 6 . 0 4 56 , 8 7 6 . 0 4 - - 69 0 . 0 0 69 0 . 0 0 1,200.00 1,200.00 7,228.20 - - - St u d e n t R e s o u r c e s O f f i c e r 10 0 % 47 , 9 1 6 . 4 4 47 , 9 1 6 . 4 4 47 , 9 1 6 . 4 4 - - 25 5 . 0 0 25 5 . 0 0 900.00 600.00 6,190.55 - 39.10 3,539.03 Co u r t C l e r k 10 0 % 43 , 8 7 6 . 8 2 43 , 8 7 6 . 8 2 43 , 8 7 6 . 8 2 - - 76 5 . 0 0 76 5 . 0 0 900.00 900.00 5,601.64 224.48 39.10 5,152.05 Pa r k s & R e c r e a t i o n D i r e c t o r 10 0 % 69 , 6 4 0 . 7 4 69 , 6 4 0 . 7 4 69 , 6 4 0 . 7 4 - - 49 5 . 0 0 24 7 . 5 0 - - 4,571.65 278.79 49.12 3,845.98 Re c r e a t i o n S u p e r v i s o r 10 0 % 47 , 0 4 7 . 7 8 47 , 0 4 7 . 7 8 47 , 0 4 7 . 7 8 - - - - - - 5,786.85 - - - Aq u a t i c s / O u t d o o r C o o r d i n a t o r 10 0 % 43 , 2 8 1 . 1 6 43 , 2 8 1 . 1 6 43 , 2 8 1 . 1 6 - - - - - - 3,194.13 - - - Pa r k s S u p e r v i s o r 10 0 % 50 , 2 8 7 . 6 4 50 , 2 8 7 . 6 4 50 , 2 8 7 . 6 4 - - 20 5 . 0 0 20 5 . 0 0 1,000.00 1,000.00 6,026.07 557.58 - 3,539.03 Cr e w L e a d e r 10 0 % 33 , 8 7 8 . 0 0 33 , 8 7 8 . 0 0 33 , 8 7 8 . 0 0 - - 15 5 . 0 0 15 5 . 0 0 - - 4,186.06 - - - Ma i n t e n a n c e W o r k e r 10 0 % 29 , 9 3 3 . 2 8 29 , 9 3 3 . 2 8 29 , 9 3 3 . 2 8 - - - - - - 3,681.77 - - - Ma i n t e n a n c e W o r k e r 10 0 % 33 , 1 9 1 . 6 0 33 , 1 9 1 . 6 0 33 , 1 9 1 . 6 0 - - 25 5 . 0 0 25 5 . 0 0 - - 4,113.90 557.58 98.23 - Ma i n t e n a n c e W o r k e r 10 0 % 31 , 5 5 1 . 7 8 31 , 5 5 1 . 7 8 31 , 5 5 1 . 7 8 - - 14 5 . 0 0 14 5 . 0 0 500.00 500.00 3,960.19 224.48 39.10 - Ma i n t e n a n c e W o r k e r 10 0 % 36 , 8 2 0 . 1 6 36 , 8 2 0 . 1 6 36 , 8 2 0 . 1 6 - - 47 2 . 5 0 47 2 . 5 0 - - 4,586.99 557.58 - 7,691.96 Ma i n t e n a n c e W o r k e r 10 0 % 28 , 6 8 2 . 9 4 28 , 6 8 2 . 9 4 28 , 6 8 2 . 9 4 - - - - - - 3,527.97 - - - Pe r m i t O f f i c i a l 50 % 45 , 3 9 0 . 5 4 22 , 6 9 5 . 2 7 22 , 6 9 5 . 2 7 - - 64 5 . 0 0 32 2 . 5 0 - - 2,831.17 - - - In - H o u s e B u i l d i n g I n s p e c t o r 10 0 % 61 , 0 4 1 . 2 4 61 , 0 4 1 . 2 4 61 , 0 4 1 . 2 4 - - - - - - 7,508.05 - - - Pl a n n i n g & Z o n i n g C o o r d i n a t o r 10 0 % 57 , 0 0 0 . 0 0 57 , 0 0 0 . 0 0 57 , 0 0 0 . 0 0 - - - - - - 6,098.40 - - - St r e e t s S u p e r i n t e n d e n t 10 0 % 73 , 1 9 5 . 7 2 73 , 1 9 5 . 7 2 73 , 1 9 5 . 7 2 - - - - - - 9,003.04 - - 7,691.96 Co n s t r u c t i o n I n s p e c t o r 10 0 % 52 , 5 3 0 . 4 0 52 , 5 3 0 . 4 0 52 , 5 3 0 . 4 0 5, 0 0 0 . 0 0 - - - - - 6,888.01 - - - Cr e w L e a d e r 10 0 % 43 , 4 5 2 . 2 4 43 , 4 5 2 . 2 4 43 , 4 5 2 . 2 4 - - 16 5 . 0 0 11 0 . 5 5 - - 3,594.50 - - - St r e e t M a i n t e n a n c e W o r k e r 10 0 % 32 , 4 2 1 . 7 4 32 , 4 2 1 . 7 4 32 , 4 2 1 . 7 4 - - 17 0 . 0 0 17 0 . 0 0 - - 4,008.75 - - - St r e e t M a i n t e n a n c e W o r k e r 10 0 % 29 , 1 7 2 . 0 0 29 , 1 7 2 . 0 0 29 , 1 7 2 . 0 0 - - - - - 3,588.16 - - - St r e e t M a i n t e n a n c e W o r k e r 10 0 % 27 , 5 9 1 . 2 0 27 , 5 9 1 . 2 0 27 , 5 9 1 . 2 0 - - - - - 3,327.20 - - - 50 0 2 7 50 0 2 8 50 0 2 6 50 0 2 9 50 0 3 0 50 0 3 5 50040 50045 50050 50055 To t a l Li f e To t a l Lo n g - T e r m To t a l Li f e So c i a l Workers Workers Em p l o y e e De n t a l Vi s i o n Me d i c a l In s u r a n c e Li f e Di s a b i l i t y Lo n g - T e r m In s u r a n c e Se c u r i t y Me d i c a r e TWC Comp Comp Auto Clothing Total In s In s u r a n c e In s u r a n c e In s u r a n c e 0. 2 0 In s u r a n c e 0. 3 4 Di s a b i l i t y & O t h e r 6. 2 % 1. 4 5 % $324 Code 55%Allowance Allowance Pa y 4, 0 4 2 . 2 7 22 7 . 6 6 37 . 4 4 3, 6 2 3 . 5 7 24 0 . 0 0 11 7 . 6 0 29 1 . 0 4 14 2 . 6 1 26 0 . 2 1 2, 4 2 7 . 2 2 56 7 . 6 6 158.76 0.0425 1,009.59 - - 43,191.01 1, 7 3 4 . 1 2 13 6 . 5 9 37 . 4 4 2, 9 4 5 . 2 6 24 0 . 0 0 11 7 . 6 0 18 4 . 4 6 90 . 3 9 20 7 . 9 9 1, 6 6 4 . 2 4 38 9 . 2 2 158.76 0.0425 667.98 - - 29,785.56 1, 9 4 5 . 4 8 19 1 . 0 0 53 . 4 8 2, 9 4 5 . 2 6 24 0 . 0 0 11 7 . 6 0 22 0 . 8 8 10 8 . 2 3 22 5 . 8 3 2, 0 2 3 . 4 4 47 3 . 2 2 158.76 0.0425 808.34 - - 35,040.67 4, 0 9 0 . 4 1 22 7 . 6 6 53 . 4 8 3, 6 2 3 . 5 7 24 0 . 0 0 11 7 . 6 0 20 9 . 4 3 10 2 . 6 2 22 0 . 2 2 1, 7 3 6 . 5 1 40 6 . 1 2 158.76 0.0425 750.31 - - 32,098.77 4, 0 9 0 . 4 1 22 7 . 6 6 53 . 4 8 3, 6 2 3 . 5 7 23 7 . 7 4 11 6 . 4 9 16 8 . 4 0 82 . 5 2 19 9 . 0 1 1, 3 6 9 . 6 5 32 0 . 3 2 158.76 0.0425 611.99 - - 27,725.31 2, 6 5 3 . 6 6 17 3 . 2 5 43 . 8 2 3, 2 0 8 . 7 2 22 3 . 5 6 10 9 . 5 4 15 8 . 3 5 77 . 5 9 18 7 . 1 4 1, 3 6 1 . 0 1 31 8 . 3 0 158.76 0.0425 575.15 - - 26,228.44 27 3 . 2 1 22 7 . 6 6 37 . 4 4 2, 3 6 7 . 2 1 22 8 . 7 5 11 2 . 0 9 16 2 . 0 3 79 . 3 9 19 1 . 4 8 1, 5 6 3 . 0 1 36 5 . 5 4 158.76 0.0425 595.67 - - 27,439.09 1, 8 9 7 . 3 4 19 1 . 0 0 37 . 4 4 2, 9 4 5 . 2 6 22 8 . 7 5 11 2 . 0 9 16 2 . 0 3 79 . 3 9 19 1 . 4 8 1, 4 3 4 . 9 8 33 5 . 6 0 158.76 0.0425 585.36 - - 25,348.15 11 0 . 0 0 17 3 . 2 5 37 . 4 4 2, 3 6 7 . 2 1 19 9 . 5 6 97 . 7 9 14 1 . 3 6 69 . 2 7 16 7 . 0 5 1, 3 4 4 . 3 4 31 4 . 4 0 158.76 0.0425 509.41 - - 22,589.11 21 1 . 3 5 19 1 . 0 0 53 . 4 8 2, 3 6 7 . 2 1 19 9 . 5 6 97 . 7 9 14 1 . 3 6 69 . 2 7 16 7 . 0 5 1, 3 1 9 . 8 3 30 8 . 6 7 158.76 0.0425 502.54 - - 21,499.00 - 13 6 . 5 9 37 . 4 4 2, 3 6 7 . 2 1 20 8 . 3 6 10 2 . 1 0 14 7 . 5 9 72 . 3 2 17 4 . 4 1 1, 3 9 1 . 6 6 32 5 . 4 7 158.76 0.0425 524.68 - - 22,446.32 3, 8 9 8 . 2 1 17 3 . 2 5 43 . 8 2 3, 6 2 3 . 5 7 24 0 . 0 0 11 7 . 6 0 18 0 . 0 8 88 . 2 4 20 5 . 8 4 1, 4 9 1 . 2 2 34 8 . 7 5 158.76 0.0425 653.34 - - 28,256.28 - 13 6 . 5 9 37 . 4 4 2, 3 6 7 . 2 1 19 9 . 5 6 97 . 7 9 14 1 . 3 6 69 . 2 7 16 7 . 0 5 1, 3 3 2 . 9 3 31 1 . 7 3 158.76 0.0425 502.54 - - 21,499.00 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 40 5 . 4 7 40 5 . 4 7 64 5 . 4 7 7, 9 2 3 . 4 1 1, 8 5 3 . 0 6 324.00 0.0050 351.44 6,000.00 - 127,797.04 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 30 2 . 6 1 30 2 . 6 1 54 2 . 6 1 5, 9 2 6 . 1 6 1, 3 8 5 . 9 6 324.00 0.0050 262.85 4,800.00 - 95,580.56 - 13 9 . 3 8 38 . 2 0 2, 4 1 5 . 5 3 24 0 . 0 0 12 0 . 0 0 23 8 . 1 3 11 9 . 0 7 23 9 . 0 7 2, 2 2 9 . 7 6 52 1 . 4 8 162.00 0.0050 98.90 - - 35,963.98 - 13 9 . 3 8 38 . 2 0 2, 4 1 5 . 5 3 24 0 . 0 0 12 0 . 0 0 18 8 . 3 6 94 . 1 8 21 4 . 1 8 1, 7 7 5 . 2 4 41 5 . 1 8 162.00 0.0050 78.74 - - 28,632.95 4, 1 7 3 . 8 9 23 2 . 3 1 54 . 5 7 3, 6 9 7 . 5 2 15 2 . 7 6 76 . 3 8 10 8 . 2 0 54 . 1 0 13 0 . 4 8 74 7 . 4 9 17 4 . 8 2 162.00 0.0050 44.63 - - 16,230.24 - 13 9 . 3 8 38 . 2 0 2, 4 1 5 . 5 3 24 0 . 0 0 12 0 . 0 0 21 9 . 0 8 10 9 . 5 4 22 9 . 5 4 2, 0 5 5 . 3 5 48 0 . 6 9 162.00 0.0050 91.16 - - 33,150.80 13 1 . 7 9 17 6 . 7 9 44 . 7 2 2, 4 1 5 . 5 3 24 0 . 0 0 12 0 . 0 0 20 9 . 8 6 10 4 . 9 3 22 4 . 9 3 1, 9 9 0 . 9 6 46 5 . 6 3 162.00 0.0050 88.67 - - 32,244.11 4, 1 7 3 . 8 9 23 2 . 3 1 54 . 5 7 3, 6 9 7 . 5 2 23 0 . 4 0 11 5 . 2 0 16 3 . 2 0 81 . 6 0 19 6 . 8 0 1, 2 5 8 . 9 8 29 4 . 4 4 162.00 0.0050 67.32 - - 24,480.17 16 6 . 5 5 19 4 . 9 0 38 . 2 0 2, 4 1 5 . 5 3 22 4 . 0 6 11 2 . 0 3 15 8 . 7 1 79 . 3 6 19 1 . 3 9 1, 4 6 9 . 8 8 34 3 . 7 6 162.00 0.0050 65.65 - - 25,262.02 - 13 9 . 3 8 38 . 2 0 2, 4 1 5 . 5 3 24 0 . 0 0 12 0 . 0 0 22 6 . 7 5 11 3 . 3 8 23 3 . 3 8 2, 1 2 3 . 2 1 49 6 . 5 6 162.00 0.0050 94.17 - - 34,245.44 - 13 9 . 3 8 38 . 2 0 2, 4 1 5 . 5 3 22 3 . 2 0 11 1 . 6 0 15 8 . 1 0 79 . 0 5 19 0 . 6 5 1, 4 7 0 . 3 4 34 3 . 8 7 162.00 0.0050 65.22 - - 23,715.12 - - - - 24 0 . 0 0 24 0 . 0 0 35 1 . 2 0 35 1 . 2 0 59 1 . 2 0 6, 5 3 2 . 3 8 1, 5 2 7 . 7 3 324.00 0.0050 289.74 - - 105,361.62 65 5 . 8 1 46 4 . 6 2 10 9 . 1 4 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 30 8 . 3 8 30 8 . 3 8 54 8 . 3 8 5, 7 0 3 . 6 1 1, 3 3 3 . 9 1 324.00 0.0528 2,690.54 - - 92,649.50 13 1 . 7 9 17 6 . 7 9 44 . 7 2 2, 4 1 5 . 5 3 16 9 . 1 5 84 . 5 8 11 9 . 8 2 59 . 9 1 14 4 . 4 8 1, 2 4 7 . 1 7 29 1 . 6 8 162.00 0.0050 55.68 - - 20,247.50 8, 2 4 9 . 5 4 46 4 . 6 2 76 . 4 0 7, 3 9 5 . 0 4 24 0 . 0 0 24 0 . 0 0 23 1 . 1 5 23 1 . 1 5 47 1 . 1 5 3, 9 1 8 . 5 0 91 6 . 4 2 324.00 0.0528 2,074.94 - 1,200.00 71,451.32 55 7 . 5 8 46 4 . 6 2 76 . 4 0 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 24 4 . 9 8 24 4 . 9 8 48 4 . 9 8 4, 6 7 6 . 0 6 1, 0 9 3 . 5 9 324.00 0.0528 2,206.40 - - 75,978.00 8, 2 4 9 . 5 4 46 4 . 6 2 76 . 4 0 7, 3 9 5 . 0 4 24 0 . 0 0 24 0 . 0 0 19 7 . 4 3 19 7 . 4 3 43 7 . 4 3 3, 4 1 6 . 2 1 79 8 . 9 5 324.00 0.0528 1,839.68 - - 63,349.81 3, 5 7 8 . 1 3 27 8 . 7 6 89 . 4 3 6, 0 1 0 . 7 3 22 5 . 4 9 22 5 . 4 9 15 9 . 7 2 15 9 . 7 2 38 5 . 2 1 2, 8 5 1 . 8 0 66 6 . 9 5 324.00 0.0528 1,439.66 - - 46,529.10 4, 1 9 4 . 8 4 46 4 . 6 2 10 9 . 1 4 6, 0 1 0 . 7 3 19 2 . 4 9 19 2 . 4 9 13 6 . 3 4 13 6 . 3 4 32 8 . 8 3 2, 3 6 3 . 7 1 55 2 . 8 0 324.00 0.0528 1,228.95 - - 43,319.57 8, 3 4 7 . 7 7 46 4 . 6 2 10 9 . 1 4 7, 3 9 5 . 0 4 24 0 . 0 0 24 0 . 0 0 17 9 . 1 2 17 9 . 1 2 41 9 . 1 2 3, 0 2 9 . 4 0 70 8 . 4 9 324.00 0.0528 1,661.35 - - 57,209.15 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 22 1 . 8 9 22 1 . 8 9 15 7 . 1 7 15 7 . 1 7 37 9 . 0 6 3, 0 7 7 . 2 9 71 9 . 6 9 324.00 0.0528 1,441.36 - - 49,633.69 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 19 2 . 4 9 19 2 . 4 9 13 6 . 3 4 13 6 . 3 4 32 8 . 8 3 2, 6 2 3 . 7 9 61 3 . 6 3 324.00 0.0528 1,228.95 - - 42,319.35 3, 8 0 2 . 6 1 35 3 . 5 8 89 . 4 3 6, 0 1 0 . 7 3 22 1 . 5 3 22 1 . 5 3 15 6 . 9 2 15 6 . 9 2 37 8 . 4 5 2, 8 3 3 . 5 6 66 2 . 6 9 324.00 0.0528 1,437.63 - - 49,505.40 22 4 . 4 8 35 3 . 5 8 76 . 4 0 4, 8 3 1 . 0 5 21 3 . 1 4 21 3 . 1 4 15 0 . 9 7 15 0 . 9 7 36 4 . 1 1 2, 8 9 1 . 3 7 67 6 . 2 1 324.00 0.0528 1,360.80 - - 46,859.53 22 4 . 4 8 35 3 . 5 8 76 . 4 0 - 19 6 . 3 4 19 6 . 3 4 13 9 . 0 7 13 9 . 0 7 33 5 . 4 1 2, 6 9 6 . 2 0 63 0 . 5 6 324.00 0.0528 1,269.38 - - 44,731.63 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 19 2 . 4 9 19 2 . 4 9 13 6 . 3 4 13 6 . 3 4 32 8 . 8 3 2, 6 0 2 . 2 6 60 8 . 5 9 324.00 0.0528 1,218.87 - - 41,972.05 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 18 9 . 5 9 18 9 . 5 9 42 9 . 5 9 3, 6 4 3 . 4 8 85 2 . 1 0 324.00 0.0528 1,706.56 - - 58,766.04 3, 5 7 8 . 1 3 27 8 . 7 6 89 . 4 3 6, 0 1 0 . 7 3 23 0 . 0 0 23 0 . 0 0 16 2 . 9 2 16 2 . 9 2 39 2 . 9 1 2, 8 9 8 . 6 0 67 7 . 9 0 324.00 0.0528 1,461.57 - 600.00 49,671.44 5, 4 1 5 . 6 3 35 3 . 5 8 89 . 4 3 6, 5 4 8 . 4 0 20 6 . 4 8 20 6 . 4 8 14 6 . 2 6 14 6 . 2 6 35 2 . 7 4 2, 4 8 7 . 8 2 58 1 . 8 3 324.00 0.0050 125.24 - - 45,541.82 4, 1 7 3 . 8 9 23 2 . 3 1 54 . 5 7 3, 6 9 7 . 5 2 24 0 . 0 0 12 0 . 0 0 23 2 . 1 4 11 6 . 0 7 23 6 . 0 7 2, 0 4 5 . 6 3 47 8 . 4 1 162.00 0.0475 971.01 2,100.00 - 71,988.24 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 22 1 . 4 0 22 1 . 4 0 15 6 . 8 3 15 6 . 8 3 37 8 . 2 3 2, 9 1 6 . 9 5 68 2 . 1 9 324.00 0.0475 1,229.12 - - 47,047.78 - 16 7 . 2 6 45 . 8 4 2, 8 9 8 . 6 3 20 3 . 6 7 12 2 . 2 0 14 4 . 2 7 86 . 5 6 20 8 . 7 7 1, 6 1 0 . 0 5 37 6 . 5 4 194.40 0.0475 678.43 - - 43,281.16 4, 0 9 6 . 6 1 46 4 . 6 2 76 . 4 0 6, 0 1 0 . 7 3 22 4 . 8 8 22 4 . 8 8 15 9 . 2 9 15 9 . 2 9 38 4 . 1 7 2, 7 8 3 . 5 4 65 0 . 9 9 324.00 0.0475 1,279.93 - - 51,492.64 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 15 9 . 4 3 15 9 . 4 3 11 2 . 9 3 11 2 . 9 3 27 2 . 3 5 2, 1 1 0 . 0 4 49 3 . 4 8 324.00 0.0475 889.11 - - 34,033.00 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 14 0 . 8 6 14 0 . 8 6 99 . 7 8 99 . 7 8 24 0 . 6 4 1, 8 5 5 . 8 5 43 4 . 0 3 324.00 0.0475 782.00 - - 29,933.28 65 5 . 8 1 46 4 . 6 2 10 9 . 1 4 4, 8 3 1 . 0 5 15 6 . 1 9 15 6 . 1 9 11 0 . 6 4 11 0 . 6 4 26 6 . 8 3 2, 0 3 3 . 0 1 47 5 . 4 6 324.00 0.0475 873.79 - - 33,446.60 26 3 . 5 8 35 3 . 5 8 89 . 4 3 4, 8 3 1 . 0 5 14 8 . 4 8 14 8 . 4 8 10 5 . 1 7 10 5 . 1 7 25 3 . 6 5 1, 9 7 9 . 8 5 46 3 . 0 3 324.00 0.0475 841.14 - - 32,196.78 8, 2 4 9 . 5 4 46 4 . 6 2 76 . 4 0 7, 3 9 5 . 0 4 17 3 . 2 7 17 3 . 2 7 12 2 . 7 3 12 2 . 7 3 29 6 . 0 0 1, 8 0 0 . 6 7 42 1 . 1 2 324.00 0.0475 974.27 - - 37,292.66 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 13 4 . 9 8 13 4 . 9 8 95 . 6 1 95 . 6 1 23 0 . 5 9 1, 7 7 8 . 3 3 41 5 . 9 0 324.00 0.0475 749.34 - - 28,682.94 - 13 9 . 3 8 38 . 2 0 2, 4 1 5 . 5 3 21 3 . 6 0 10 6 . 8 0 15 1 . 3 0 75 . 6 5 18 2 . 4 5 1, 4 2 7 . 0 9 33 3 . 7 6 162.00 0.0050 63.30 - - 23,017.77 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 20 3 . 4 7 20 3 . 4 7 44 3 . 4 7 3, 7 8 4 . 5 5 88 5 . 1 0 324.00 0.0635 2,131.86 - - 61,041.24 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 23 3 . 3 2 23 3 . 3 2 16 5 . 2 7 16 5 . 2 7 39 8 . 5 9 3, 0 7 3 . 9 9 71 8 . 9 2 324.00 0.0050 136.35 - - 57,000.00 7, 6 9 1 . 9 6 27 8 . 7 6 76 . 4 0 7, 3 9 5 . 0 4 24 0 . 0 0 24 0 . 0 0 24 3 . 9 8 24 3 . 9 8 48 3 . 9 8 4, 0 6 1 . 2 2 94 9 . 8 0 324.00 0.1348 5,426.71 - - 73,195.72 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 24 0 . 0 0 24 0 . 0 0 17 0 . 0 0 17 0 . 0 0 41 0 . 0 0 3, 4 7 2 . 0 1 81 2 . 0 0 324.00 0.1348 4,151.85 - - 57,530.40 - 18 6 . 7 7 51 . 1 9 3, 2 3 6 . 8 0 20 4 . 4 8 13 7 . 0 0 14 4 . 8 4 97 . 0 4 23 4 . 0 5 1, 8 1 1 . 8 6 42 3 . 7 4 217.08 0.1348 2,166.63 - - 43,562.79 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 15 2 . 5 7 15 2 . 5 7 10 8 . 0 7 10 8 . 0 7 26 0 . 6 4 2, 0 2 0 . 6 7 47 2 . 5 8 324.00 0.1348 2,416.33 - - 32,591.74 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 13 7 . 2 8 13 7 . 2 8 97 . 2 4 97 . 2 4 23 4 . 5 2 1, 8 0 8 . 6 6 42 2 . 9 9 324.00 0.1348 2,162.81 - - 29,172.00 - 27 8 . 7 6 76 . 4 0 4, 8 3 1 . 0 5 12 7 . 3 0 12 7 . 3 0 90 . 1 7 90 . 1 7 21 7 . 4 6 1, 6 7 7 . 1 2 39 2 . 2 3 324.00 0.1348 2,005.52 - - 27,591.20 To t a l To t a l Pa y & Be n e f i t s Be n e f i t s 13 , 6 2 4 . 5 9 56 , 8 1 5 . 6 0 9, 7 2 2 . 4 1 39 , 5 0 7 . 9 8 11 , 1 3 2 . 8 6 46 , 1 7 3 . 5 3 11 , 1 2 4 . 7 7 43 , 2 2 3 . 5 4 9, 7 8 4 . 7 7 37 , 5 1 0 . 0 8 9, 0 5 2 . 6 3 35 , 2 8 1 . 0 6 8, 6 4 1 . 2 1 36 , 0 8 0 . 2 9 8, 9 6 0 . 0 5 34 , 3 0 8 . 2 0 7, 7 5 2 . 3 9 30 , 3 4 1 . 5 0 7, 7 1 2 . 9 0 29 , 2 1 1 . 9 0 7, 8 7 7 . 1 1 30 , 3 2 3 . 4 3 10 , 1 3 6 . 4 3 38 , 3 9 2 . 7 1 7, 6 5 8 . 6 2 29 , 1 5 7 . 6 2 32 , 0 0 2 . 6 1 15 9 , 7 9 9 . 6 5 25 , 3 8 4 . 5 4 12 0 , 9 6 5 . 1 0 10 , 2 6 7 . 8 8 46 , 2 3 1 . 8 6 8, 7 6 0 . 2 9 37 , 3 9 3 . 2 4 7, 2 4 0 . 1 4 23 , 4 7 0 . 3 8 - 9, 6 8 9 . 3 8 42 , 8 4 0 . 1 8 9, 5 3 5 . 2 5 41 , 7 7 9 . 3 6 8, 9 7 4 . 9 8 33 , 4 5 5 . 1 5 7, 8 1 7 . 8 6 33 , 0 7 9 . 8 8 9, 9 1 4 . 6 0 44 , 1 6 0 . 0 4 7, 7 4 2 . 1 4 31 , 4 5 7 . 2 6 22 , 2 2 4 . 4 6 12 7 , 5 8 6 . 0 8 27 , 4 0 1 . 1 4 12 0 , 0 5 0 . 6 4 7, 0 2 8 . 4 8 27 , 2 7 5 . 9 8 24 , 4 2 9 . 5 7 95 , 8 8 0 . 8 9 23 , 5 0 2 . 3 9 99 , 4 8 0 . 3 9 22 , 5 4 4 . 3 5 85 , 8 9 4 . 1 7 18 , 1 4 4 . 2 7 64 , 6 7 3 . 3 7 16 , 5 8 8 . 0 6 59 , 9 0 7 . 6 3 21 , 1 4 7 . 8 7 78 , 3 5 7 . 0 1 17 , 2 3 2 . 5 5 66 , 8 6 6 . 2 4 15 , 5 1 0 . 6 9 57 , 8 3 0 . 0 3 18 , 1 7 9 . 2 1 67 , 6 8 4 . 6 1 16 , 6 4 1 . 2 2 63 , 5 0 0 . 7 5 11 , 0 6 2 . 0 4 55 , 7 9 3 . 6 7 15 , 4 3 1 . 3 2 57 , 4 0 3 . 3 7 19 , 3 7 0 . 1 4 78 , 1 3 6 . 1 8 18 , 3 2 4 . 4 5 67 , 9 9 5 . 8 9 16 , 4 6 4 . 6 8 62 , 0 0 6 . 5 0 12 , 4 4 9 . 1 6 84 , 4 3 7 . 4 0 16 , 5 0 3 . 5 4 63 , 5 5 1 . 3 2 9, 3 7 4 . 0 5 52 , 6 5 5 . 2 1 18 , 0 0 0 . 4 5 69 , 4 9 3 . 0 9 13 , 4 6 1 . 2 5 47 , 4 9 4 . 2 5 12 , 5 0 4 . 5 1 42 , 4 3 7 . 7 9 13 , 4 9 1 . 8 1 46 , 9 3 8 . 4 1 13 , 0 9 5 . 9 1 45 , 2 9 2 . 6 9 16 , 3 3 9 . 1 2 53 , 6 3 1 . 7 8 12 , 2 1 2 . 3 3 40 , 8 9 5 . 2 7 7, 5 9 2 . 8 8 30 , 6 1 0 . 6 5 20 , 2 6 3 . 2 4 81 , 3 0 4 . 4 8 15 , 9 3 6 . 4 5 72 , 9 3 6 . 4 5 27 , 9 9 8 . 9 6 10 1 , 1 9 4 . 6 8 21 , 2 4 4 . 0 7 78 , 7 7 4 . 4 7 11 , 9 2 2 . 6 2 55 , 4 8 5 . 4 1 14 , 6 8 9 . 1 9 47 , 2 8 0 . 9 3 13 , 7 2 7 . 3 6 42 , 8 9 9 . 3 6 13 , 1 2 9 . 7 5 40 , 7 2 0 . 9 5 April 2, 2009 Number 13 REMINDER: BE SURE TO CHECK COMMITTEE ACTIONS AND FLOOR ACTIONS In this issue (and in the weeks ahead), readers will find “Significant Committee Actions” and “Significant Floor Actions.” These sections of the update are extremely important because they summarize bills that have momentum. You are encouraged to read these sections carefully and to contact TML if you have questions or concerns. SENATE BILL WOULD ERODE POLICE CHIEFS’ AUTHORITY Senate Bill 2196 by Senator Tommy Williams (R–The Woodlands) would substantially erode local control of police departments. The bill would apply to a state, county, or municipal law enforcement agency but would not affect an agency covered by a collective bargaining or meet and confer agreement. For all other police departments, regardless of size, S.B. 2196 would have dramatic effects. First, the bill would provide that a police chief may appoint only the number of “command staff” needed to “successfully administer” the department. It is not clear how that number would be determined or if it could be the subject of a court challenge. Second, the bill would require each police department to adopt hiring, promotion, and disciplinary policies that include specific criteria laid out in the bill. 2 Third, a suspended or demoted police officer would have the right to appeal a suspension or demotion to a third party hearing examiner as described in Section 143.057 of the Local Government Code (fire/police civil service). Under the bill, the hearing examiner could not recommend a lesser penalty, but apparently could set the penalty aside entirely and reverse the chief’s decision. Fourth, the bill would provide that any person who claims to be a victim of a violation of the bill’s provisions may bring a legal action for a declaratory judgment or an injunction, and the district or county attorney or the Texas attorney general may bring an action against the law enforcement agency. S.B. 2196 would impose on virtually all police departments in the state practices and procedures that are similar or identical to the civil service provisions in Chapter 143 of the Local Government Code. Particularly troubling is the peace officer’s right to appeal to a third party hearing examiner, a process that has often produced shocking results for police administrators across the state. Under current law, civil service can be adopted only in a city that has a population of at least 10,000, and only by a popular vote. (The legislature established these adoption procedures because many civil service provisions erode local control of police departments, and such a substantial change should be put to the voters.) S.B. 2196 would impose at least one significant civil service provision on every city, including those in which voters have rejected the adoption of civil service. Any city that is troubled by the provisions of S.B. 2196 should express its concerns to its senators. TEXAS MUNICIPAL LEAGUE MAKES CONTRIBUTION TO TEXAS GOVERNOR’S MANSION RESTORATION FUND On Friday, March 27, 2009, the Texas Municipal League and its 1,110 member cities made a $25,000 donation to the Texas Governor’s Mansion Restoration Fund. TML President John Cook, Mayor of the City of El Paso, presented the check to Pam Willeford, Vice Chair of the Texas Governor’s Mansion Restoration Fund, during the TML Board of Directors meeting in Austin. The Board voted during its December meeting to make the donation to restore the National Historic Landmark after a fire in June 2008 nearly destroyed the mansion. Designed by prominent architect Abner Cook in the Greek Revival style, the mansion has served as the official residence of Texas governors and their families since 1856. 3 “Texas cities want to assist with the restoration because the Governor’s Mansion is an important part of the heritage of all Texans,” Mayor Cook said. “We make this contribution in recognition of city firefighters throughout our state whose professionalism is exemplified by the Austin Fire Department’s quick and effective response that prevented the total destruction of this state landmark so that it can be restored.” FEDERAL STIMULUS PACKAGE UPDATES The League’s American Recovery and Reinvestment Act (ARRA) Web page can be accessed at www.tml.org, by clicking on “Federal Stimulus Information.” Since last week, various information on the TML Web page has been updated, including information relating to additional guidance released by various federal agencies on ARRA programs. The League staff will continue to monitor the implementation of the ARRA. RED LIGHT CAMERA LAWSUIT DISMISSED As reported in the December 30, 2008, edition of the TML Legislative Update, those who oppose the use of red light camera systems recently trotted out a novel argument as to why the cameras should not be operating in Texas. Recent lawsuits allege that the Texas law governing private investigators applies to the vendors that operate the systems, and that the law requires a vendor that operates a camera system to obtain a license as a private investigator. The Private Security Bureau of the Texas Department of Public Safety (which oversees licensing) does not appear to agree with that interpretation because: (1) the city, rather than the vendor, actually secures the evidence (the photograph); (2) the Texas Transportation Code expressly authorizes the use of the systems; and (3) the Private Security Act exempts photographs taken for criminal justice purposes on behalf of a governmental entity. One of those lawsuits, Steven Bell, TXPS, Inc., and Mohammed Al Musa on behalf of others similarly situated v. Redflex Traffic Systems, Inc., involving notices of violation issued by Plano and Duncanville, was dismissed last week on procedural grounds by the United States District Court for the Eastern District of Texas. FAVORABLE DECISION FOR MUNICIPAL ZONING AUTHORITY A federal district court in Austin recently issued an opinion favorable to cities in the case of NAACP et al. v. The City of Kyle. In the case, the Home Builders Association of Greater Austin, the National Association of Homebuilders, and the National Association for the Advancement of 4 Colored People sued the City of Kyle regarding amendments to the city’s zoning and subdivision regulations. The plaintiffs claimed that the ordinances violated the federal Fair Housing Act by discriminating against minority homebuyers. The ordinance amendments that formed the basis of the lawsuit included such items as: • One single-family district that allows homes with a minimum of 1,600 square feet of living area, on a minimum lot size of 8,190 square feet. • Another single-family district that allows homes with a minimum of 1,200 square feet of living area, on a minimum lot size of 6,825 square feet. • All buildings and structures are required to have four sides of brick, stone, fiber cement siding, or other approved masonry product. • Each home must have an attached garage with a minimum of 480 square feet. These regulations would not be considered overly burdensome to most observers. However, the plaintiffs claimed that they “significantly” increase the price of entry-level homes, thus placing them beyond the financial reach of many potential minority homebuyers. (The plaintiffs offered speculative evidence that the possible increase in the price of an entry-level home could rise from approximately $100,000 to $133,000.) In attempting to show that the increased cost put the homes out of reach for minority homebuyers, the plaintiffs submitted statistical data regarding median incomes compared to the price of a new home in and around the city. The court concluded that the statistics were misleading. Specifically, it held that using the plaintiffs’ “incomplete analysis” would: Restrict municipalities’ ability to engage in zoning changes in an inflationary economy, as any change to an ordinance that resulted in a price increase would arguably impact minorities more than the ethnic majority in the area examined. To be persuasive, the statistical data must reflect or predict that there will be an actual shortage of housing available to the area’s minorities. The provision of affordable housing should certainly be a component of land use planning. However, the sustainability of a city through thoughtful development regulations is also important. The court’s decision says less about affordable housing than it does about the authority of locally elected officials to decide what is best for their city. Certain groups continually attack municipal building regulations because of the costs that they impose. What those groups fail to recognize is that municipal regulations and, more importantly, services make a community viable to begin with. 5 TML LEGISLATOR-OF-THE-MONTH FOR MARCH 2009 Senator John Carona is the TML Legislator-of-the-Month for March 2009. Mr. Carona represents Senate District 16 which includes Dallas, Garland, Highland Park, Richardson, and University Park. First Elected in 1990, Senator Carona is now in his fourth term in the Texas Senate. He serves as Chairman of the powerful Senate Committee on Transportation and Homeland Security and as a member of the Senate Criminal Justice, State Affairs, and Jurisprudence committees. Senator Carona has filed several bills of importance to cities this session. One bill, S.B. 298, would authorize certain law enforcement agencies to operate a temporary checkpoint to determine whether persons operating motor vehicles are intoxicated. He has also filed S.B. 855, which would create the Texas Local Option Transportation Act, a local option tool with which metropolitan areas could generate new revenue for roadways, passenger rail service, and bridges. Under the bill, all fees would be approved by the voters. We hope that city leaders across Texas, and particularly those in Senator Carona’s district, will express their appreciation to this outstanding leader. CITY-RELATED BILLS FILED H.B. 3078 (Deshotel) – Jury Formation: would: (1) authorize a party to request that a jury list that is not racially or ethnically representative of the community according to the most recent census be discarded or reorganized; and (2) require a court to make the information in a completed jury questionnaire available to the other party not later than three days before a trial starts. H.B. 3212 (Edwards) – Expunction: would require a court to enter an order of expunction after 30 days in any case where the person is acquitted or pardoned or when charges are otherwise dismissed in a specific manner. H.B. 3244 (Riddle) – Sex Offenders: would: (1) authorize a commissioners court in a county with a population greater than 100,000 to designate a city police chief's office as the mandatory centralized sex offender registration site for the entire county; and (2) require a department thus appointed to register all sex offenders in the county, regardless of specific residency, and then report that information back to the other cities in the county. (Companion bill is S.B. 2048 by Williams.) 6 H.B. 3290 (Chisum) – Elections: would: (1) require an election officer who determines not to accept a voter to provide the voter with a signed statement listing the reasons for not accepting the voter and the circumstances under which a voter may vote a provisional ballot; and (2) require the election officer to keep a copy of the signed statement to submit to the general custodian of election records. H.B. 3310 (Gattis) – Property Tax: would repeal certain statutory caps on attorney’s fees that may be awarded to a property owner following judicial appeals of appraisal arbitration orders. H.B. 3341 (Miklos) – Transportation: would provide that: (1) certain populous counties may create a “Transportation Development Corporation” that has the same authority as a city to operate a public transportation system and has the powers of a regional transportation authority; (2) the board of the corporation may call an election on the issue of authorizing a sales and use tax for one or more public transportation system projects; (3) an authorizing city may adopt a sales and use tax for the benefit of a corporation if the tax is approved by a majority of the voters of the city; (4) the rate of the tax imposed must be equal to one-eighth, one-fourth, three-eighths, one-half, five-eighths, three-fourths, or seven-eighths of one percent or one percent; (5) the rate of a sales and use tax imposed under the bill is not counted toward the two-percent cap in any area; (6) an authorizing city or corporation may also allow the voters to vote on a ballot proposition to limit the period for imposition of a sales and use tax; and (7) an authorizing city or merged corporation may also allow the voters to vote on a ballot proposition to limit the use of the sales and use tax to a specific project. H.B. 3454 (Otto) – Property Tax: would: (1) provide that “all available evidence” relating to the value of property must be taken into account in appraising property; and (2) provide detailed requirements before an appraiser may consider comparable sales, including a requirement that a comparable sale must have been completed within 24 months of the date of the appraisal. H.B. 3458 (Branch) – Charter Amendments: would require a city’s governing body to submit a proposed charter amendment to an election upon receipt of a petition signed by ten percent of the registered voters in the city. (Companion bill is S.B. 690 by Wentworth.) H.B. 3460 (Bolton) – Mandatory Health Benefits: would require that health benefit plans provide coverage for the diagnosis and treatment of a serious mental illness under terms at least as favorable as those provided for the diagnosis and treatment of medical and surgical conditions. H.B. 3462 (T. Smith) – Transportation Funding: would provide that: (1) on October 1 of each year, the rate of the state gasoline tax and the state diesel tax shall be adjusted to reflect any change in the producer price index for the preceding fiscal year, and (2) money that must be used for public roadways under the Texas Constitution or federal law and that is deposited in the state treasury to the credit of the state highway fund may be used only: (a) to improve the state highway system; (b) to mitigate adverse environmental effects that result directly from 7 construction or maintenance of a state highway; or (c) by the Department of Public Safety to administer state laws relating to traffic and safety on public roads. H.B. 3475 (J. Davis) – Peace Officers: would require a local law enforcement agency to allow a retired peace officer of the agency, or a retired peace officer who resides in the jurisdiction of the agency, the opportunity to annually demonstrate his/her requisite level of proficiency in order to maintain a license to carry a concealed handgun. H.B. 3481 (Veasey) – Expunction: would broaden the conditions under which a city police department must expunge arrest records to include the quashing of indictments or dismissal of certain cases. (Companion bill is S.B. 920 by Harris.) H.B. 3484 (Coleman) – Special Districts: would, among other things, provide that: (1) a county commissioners court has oversight authority over virtually every type of special purpose district created or operating inside the county's boundaries (including those created by a city and within the city’s boundaries); (2) a special purpose district may not be created inside a county's boundaries unless the commissioners court of the county is given notice and express oversight of the district; (3) the boundaries of a special purpose district may not be altered inside a county's boundaries unless the commissioners court of the county is given notice of the intention to alter the boundaries and an opportunity to comment on the alteration; and (4) bonds to be issued by or on behalf of a special purpose district or internal district are subject to the approval of a county commissioners court. H.B. 3509 (Dunnam) – Commercial Driver’s Licenses: would provide that a person who holds a commercial driver's license is disqualified from operating a commercial motor vehicle for a certain period of time if convicted of certain traffic offenses, but only if the convictions are for offenses committee while driving a commercial vehicle. H.B. 3522 (Ortiz) – Public Information Act: would: (1) require a governmental body to send to an open records requestor a copy of any written comments submitted to the attorney general within fifteen business days of receiving a written request for information; and (2) provide that a suit by a governmental body challenging the determination of the attorney general must be filed in a Travis County district court. H.B. 3550 (T. King) – Water and Sewer Utilities: would: (1) require the Texas Commission on Environmental Quality (TCEQ) to allow a city to pay a penalty in installments; (2) authorize the executive director of the TCEQ to set interim rates during a contested rate case before the TCEQ; (3) authorize a city to provide sewer service without a certificate of convenience and necessity (CCN) in certain limited cases; and (4) authorize many types of special districts to convert to municipal utility districts (MUDs) without a hearing. H.B. 3609 (D. Miller) – Fire Flow: would: (1) require a special utility district whose territory includes land in the corporate limits or ETJ of a city with a population of more than 10,000 to maintain and make available for fire protection a system that is capable of producing water pressure sufficient for fire suppression; and (2) permit the TCEQ to revoke a CCN held by a 8 special utility district that does not provide water pressure sufficient for fire suppression to a city with a population of 10,000 or its ETJ. (Companion bill is S.B. 2099 by Wentworth.) H.B. 3636 (Hughes) – Elections: would prohibit the use of an electronic voting machine in an election unless the machine: (1) has been certified or otherwise approved by means of qualification testing by a nationally recognized test laboratory; (2) meets certain voluntary standards developed and adopted by the Federal Election Commission, the Election Assistance Commission, or the National Institute of Standards and Technology; and (3) creates a contemporaneous auditable paper record copy of each electronic ballot that allows a voter to confirm the choices the voter made through both a visual and a non-visual method. Additionally, the bill would require an election authority using electronic voting machines to: (1) submit, at the request of the secretary of state, complete documentation relating to all hardware, software, and firmware components for the system, as well as all documents relating to the federal qualification process; (2) submit a physical security plan for the system to the secretary of state not later than the 90th day before a system using electronic voting machines will be used in an election; (3) submit a list of all changes and modifications to the system, a training plan, and a communication plan explaining how election officers at each polling place will communicate on election day to the secretary of state not later than the 46th day before a system using electronic voting machines will be used in an election; and (4) provide notice of the penalties for tampering with an electronic voting machine in each language used at a polling place at which an electronic voting machine is used for voting. H.B. 3731 (Coleman) – Sales Tax: would permit a county commissioners court to adopt a county assistance district sales tax without an election of the residents of the county. (Companion bill is S.B. 1996 by Gallegos.) H.B. 3735 (Coleman) – County Ordinance Authority: would provide that: (1) the commissioners court of a county may enact ordinances to protect the public health, safety, or welfare in the unincorporated area of the county; and (2) if an ordinance adopted under the bill conflicts with a municipal ordinance, the municipal ordinance prevails within the city's jurisdiction to the extent of the conflict. H.B. 3756 (D. Howard) – Texas State Library and Archives Commission: would: (1) allow a major resource system of libraries to expand its membership to include non-public libraries that are operated by a unit of local government; (2) allow a library operated by a unit of local government to become a member of a regional library system; (3) make records retention schedules apply to records relating to the conduct of official business from periods before Texas was a state; and (4) abolish the local government records committee, which currently reviews and approves any changes made to local government records retention schedules. (Companion bill is S.B. 2042 by Ellis.) H.B. 3783 (Gattis) – Court Fees: would increase the current municipal court jury fee from $3 to $10 and eliminate the jury request withdrawal fee. 9 H.B. 3874 (Phillips) – Crime Laboratories and Forensic Evidence: would provide that: (1) the Texas Forensic Science Commission shall adopt standards for all postconviction forensic DNA testing; (2) the Department of State Health Services (DSHS) by rule shall establish an accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings; and (3) in consultation with the Texas Forensic Science Commission, the DSHS shall establish a DNA laboratory audit program to conduct periodic unannounced audits of DNA laboratories that conduct forensic analyses of physical evidence for use in criminal proceedings. H.B. 3881 (Alonzo) – Expunction: would expand the conditions under which a city police department could be ordered by a district court to expunge records and files relating to a certain arrest. H.B. 3904 (Paxton) – Public Information Act: would require a person who has a special right of access to certain information to provide evidence to a city’s officer for public information that the person has such a special right of access. H.B. 3912 (Madden) – Red Light Cameras: would authorize the attorney general to enforce the state statute regulating the minimum change interval for a yellow light in an intersection where a photographic traffic monitoring system is in place. H.B. 3917 (W. Smith) – Transportation: would create the Texas Local Participation Transportation Program to encourage “local project sponsors” (e.g., a city, county, regional mobility authority, or regional tollway authority) to participate in pass-through toll transportation projects. Specifically, the bill would provide that: (1) the Texas local participation transportation fund is created as a dedicated account in the state’s general revenue fund; (2) the fund is composed of money transferred to the fund at the direction of the legislature; gifts and grants contributed to the fund; interest and earnings received from investments of money in the fund; and money repaid by a local project sponsor under a loan made under the bill; (3) the state comptroller shall administer a program to encourage local project sponsors to participate in the delivery of eligible projects by providing the sponsors disbursements from the fund; (4) the comptroller shall develop a process for certifying the eligibility of transportation projects nominated by local project sponsors for disbursements from the fund; (5) a local project sponsor must submit a proposed plan for funding a project that, among many other things, specifically identifies the contribution of local sources to the total project cost; (6) an eligible project may not receive more than 50 percent of the total project cost from the fund; and (7) for purposes of determining the amount contributed by local sources to the total project cost, a local project sponsor may include funds on hand, ad valorem taxes, local option taxes or fees dedicated to the project, economic development grants, other project-specific gifts and grants, and, if the project is planned as a toll facility, toll revenues. (Companion bill is S.B. 1383 by Carona.) H.B. 3956 (C. Turner) – Economic Development Corporations: would permit the expenditure of 4A economic development sales tax revenue on certain college scholarships and job training. 10 H.B. 3965 (Dunnam) – Property Tax: would amend the community housing development organization (CHDO) property tax exemption by automatically granting the exemption for certain equipment installed under a contract with a governmental entity for the capture and conversion of certain waste, including gas, on or from public property. H.B. 3966 (Dunnam) – Property Tax: would allow for the granting and proration of homestead property tax exemptions during the same year the owner qualifies for the exemption. H.B. 3970 (Dunnam) – Cable Franchises: would provide that: (1) beginning September 1, 2009, a cable service provider or a video service provider that currently has or had previously received a municipal franchise to provide cable service or video service may elect to terminate that municipal franchise and seek a state-issued certificate of franchise authority by providing written notice to the Public Utility Commission and the affected city before January 1, 2010, and that the municipal franchise is terminated on the date the commission issues the state-issued certificate of franchise authority; (2) a cable service provider that elects to terminate an existing municipal franchise is responsible for remitting to the affected city any accrued but unpaid franchise fees due under the terminated franchise; (3) a cable service provider or video service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers in its video service area because of the race or income of the residents in the local area in which such group resides; (4) in a proceeding brought by an affected person, including a city, to enforce the requirements in number 3, above, the commission may not order enforcement of the requirements if the cable service provider or video service provider demonstrates that certain percentages of its subscribers are low income; and (5) at the end of the first, third, fifth, and tenth years after the issuance of a state-issued certificate of franchise authority, the holder of a state-issued certificate of franchise authority shall provide the commission with evidence certifying compliance with number 3, above. H.B. 3975 (Hunter) – Waste Tire Recycling: would provide that the Texas Commission on Environmental Quality by rule shall adopt and implement a waste tire recycling program to be operated and enforced in the same manner that the state's former waste tire recycling program was operated and enforced. H.B. 4016 (Weber) – Higher Education Financing: would, among other things, provide that a home rule city with a population of 25,000 or more that has an institution of higher education located within its boundaries or has entered into an agreement with an institution of higher education relating to the provision of educational services within the city by the institution of higher education may issue public securities, including certificates of obligation, to acquire, construct, or improve land, buildings, or other permanent improvements for use by the institution of higher education. (Companion bill is S.B. 1952 by Jackson.) H.B. 4062 (Gonzalez Toureilles) – Background Checks: would, among other things, authorize the operation of video lottery games by licensed horse and greyhound racetrack operators and certain Indian tribes. Of particular interest to cities, the bill would provide that the Department of Public Safety or any other state or local law enforcement agency in this state, at the State 11 Lottery Commission's request and in accordance with an interagency agreement, shall perform a full criminal background investigation of a prospective racing deputy or investigator, and the commission shall reimburse the agency for the actual costs of an investigation. H.B. 4092 (Farrar) – Homeland Security: would designate the Department of Public Safety as the only state agency that may determine the recipients of state and federal funds that concern homeland security or border operations. H.B. 4118 (Bohac) – Sex Offenders: would require a registered sex offender who does not reside or intend to reside in a city in Texas but who is physically present in the city (or a registered sex offender who does not have a home address after release from a penal institution) to register with the city police department every fourteen days until the person establishes residency. H.B. 4120 (Coleman) – Nuisances: would provide that an odor nuisance ordinance enacted by a city under the Texas Clean Air Act: (1) must be consistent with the Act and Texas Commission on Environmental Quality rules and orders; (2) may not make unlawful a condition or act approved or authorized under the Act or the commission's rules or orders; and (3) must establish objective, ascertainable, and measurable standards for any nuisance odor restrictions. H.B. 4147 (Rose) – Public Information Act: would provide that a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the public, or a magazine that is published at least once a week or on the Internet by a news medium engaged in the business of disseminating news or information to the general public, is exempt from the required prepayment of personnel costs incurred by a governmental body in responding to certain requests that require large amounts of personnel time. (Companion bill is S.B. 1629 by Wentworth.) H.B. 4177 (Christian) – Intoxication Offenses: would require that when a peace officer takes a driver’s license from a person suspected of an intoxication offense and issues and temporary permit, the officer shall make a photocopy of the driver’s license and attach it to the temporary driving permit. H.B. 4184 (Christian) – Property Tax: would abolish all property taxes in Texas as of January 1, 2014. H.B. 4188 (Rose) – Child Protective Services: would require an entity that receives a report of child abuse or neglect over the telephone to maintain an audio recording of each report. H.B. 4190 (Gonzales) – Municipal Courthouse Security Fee: would raise the municipal courthouse security fee from $3 to $8. H.B. 4193 (Herrero) – Joint Elections: would provide that an election for trustees of an independent school district shall be held on the same date as: (1) the election for the members of the governing body or other city-wide elected board of a municipality located in the school 12 district; (2) the general election for state and county officers; or (3) the election for the members of the governing body of a hospital district in certain counties. H.B. 4207 (Giddings) – Public Information Act: would: (1) allow a city to redact the date of birth of a current or former official or employee from any information the city publicly discloses without the necessity of requesting a decision from the attorney general; and (2) require the comptroller to perform an analysis of the amount and types of personally identifiable information collected by state governmental bodies. (Companion bill is S.B. 1912 by Duncan.) H.B. 4212 (Callegari) – Groundwater Conservation Districts: would provide that: (1) a groundwater conservation district or a subsidence district may institute an action against any person (including a city) in a district court in the district for injunctive relief to restrain the person from continuing the violation or threat of violation, for an assessment and recovery of a civil penalty, or for both injunctive relief and civil penalties; (2) at the request of the district’s board, or the general manager if authorized by the board, the attorney general shall institute and conduct an action against any person in the name of the district for injunctive relief or to recover a civil penalty or both; and (3) in a suit to recover a civil penalty or a suit for injunctive relief and a civil penalty against a political subdivision of the state or any agency thereof, if the court finds that the political subdivision or agency has violated or is violating a provision of this chapter or a rule, permit, or order of the district, the court shall assess a civil penalty as provided by the bill. (Note: this bill attempts to overrule the recent appellate court decision of City of Aspermont v. Rolling Plains Groundwater Conservation District.) H.B. 4218 (S. Turner) – Water Rates and Services: would provide that the attorney general or municipal attorney, as appropriate, shall represent a regulatory authority (including a city) in all water rate and service matters before the state courts and any court of the United States. H.B. 4232 (Ritter) – Property Tax: would provide that the community housing development organization (CHDO) property tax exemption is not available for industrial equipment used for the production of goods or provision of services. H.B. 4235 (Maldonado) – Electric Transmission Lines: would provide that: (1) the Public Utility Commission shall not grant a certificate for a transmission line if, among other things, the line is located within certain distances of a public school building or certain cities, depending on the voltage of the line; (2) for purposes of calculating transmission line route impact, the commission shall consider residential lots that do not contain residential units as if the lot had a residential unit and was occupied by residents if certain conditions are met; and (3) in selecting route alternatives for transmission line certificates, the commission shall give preference to route designs that place transmission structures adjacent to or within major highway corridor rights-of- way. H.B. 4240 (Mallory Caraway) – Red Light Cameras: would prohibit a city from imposing a civil penalty under a photographic red light enforcement system on a vehicle that was turning right or left at an intersection and failed to stop at a stop line or before entering the crosswalk. 13 H.B. 4263 (S. Turner) – Texas Recovery Accountability and Transparency Board: would create the Texas Recovery Accountability and Transparency Board to oversee the expenditure of funds distributed to Texas through the American Recovery and Reinvestment Act of 2009. H.B. 4293 (Branch) – Litigation: would: (1) require a party or amicus curiae to an action, suit, or proceeding (not including the state, a state agency, or a state officer) to notify the attorney general if a challenge is asserted to the validity of a state statute or rule; and (2) allow the state to intervene in an action, suit, or proceeding to present evidence and argument on the question of the validity of the challenged statute or rule. (Companion bill is S.B. 1162 by Hegar). H.B. 4299 (Rose) – Rainwater Harvesting: would: (1) “encourage” all cities to promote rainwater harvesting through incentives; (2) require a city to consider harvested rainwater as an on-site water supply source when considering exemptions or credits against the city’s impervious cover or density restrictions; (3) require members of certain cities’ permitting staffs to attend a rainwater harvesting seminar to be held by the Texas Water Development Board; and (4) prohibit a city from denying a building permit solely because a building will implement rainwater harvesting. H.B. 4325 (Strama) – Texas Recovery and Reinvestment Fund: would create the Texas Recovery and Reinvestment Fund to be used to provide matching grants to entities that successfully receive competitive grants for investments in Texas through the American Recovery and Reinvestment Act of 2009. H.B. 4363 (Y. Davis) – Property Tax: would permit appeals of property value equity to appraisal review boards. (Companion bill is S.B. 2366 by Ellis.) H.B. 4375 (Ritter) – Property Tax: would expand the list of equipment eligible to receive the heavy equipment inventory property tax exemption to include certain equipment weighing between 1,500 and 3,000 pounds. (Note: current law allows the exemption only for equipment weighing over 3,000 pounds.) (Companion bill is S.B. 1640 by Harris.) H.B. 4396 (Deshotel) – Graffiti: would: (1) authorize the state to collect a 25-cent fee for each can of aerosol spray paint sold; and (2) use the money to help local jurisdictions with funding for values education, anti-graffiti law enforcement, graffiti abatement, and other directly related uses and to finance statewide efforts in graffiti prevention and prevention education. H.B. 4402 (Martinez Fischer) – Mandatory Health Benefits: would prohibit a health benefit plan from: (1) removing a prescription drug from coverage if an insured is taking the drug; or (2) increasing the cost of a drug to the insured if the insured is already taking the drug. H.B. 4411 (Taylor) – Drug Enforcement: would create a program requiring drug dealers to register with local law enforcement agencies, similar to the sex offender registration program. 14 H.B. 4496 (P. King) – Property Tax: would provide that portable oil drilling rigs are taxable at the site on which they are located on January 1 of a tax year. (Companion bill is S.B. 949 by Estes.) H.B. 4514 (Coleman) – Toll Roads: would provide that, prior to proceeding with a toll highway project, the Texas Department of Transportation must demonstrate to the legislature's satisfaction that it has afforded meaningful involvement to, and given consideration to input from, local elected officials and the public, and that the selected toll project is the most cost- effective and least environmentally harmful alternative. H.B. 4592 (Ritter) – Property Tax: would exempt from property taxes land that is leased to a person to be used as a school. H.B. 4606 (Guillen) – Municipal Jails: would place a city jail that contracts to house or begins to house only federal prisoners under the jurisdiction of the Texas Commission on Jail Standards. H.B. 4610 (Oliveira) – Electric Rates: would provide that, as an alternative to a rate case in which all costs and revenues are considered, a regulatory authority shall allow a transmission and distribution utility, at the transmission and distribution utility's option, to adjust its rates to ensure timely recovery of distribution investment and operations and maintenance expense related to distribution according to Public Utility Commission rules. H.B. 4614 (Oliveira) – Community Land Trusts: would provide that the governing body of a city or county by ordinance or order may create or designate one or more community land trusts (CLTs), including a housing finance corporation or a land trust operated by a community housing development organization certified by the city or county, to operate in the city or county. (Note: A CLT is an affordable housing tool generally used in gentrifying areas in which the CLT acquires title to land, sells or leases housing units located on the land, and leases the land through ground leases with terms of at least 50 years.) Land in a CLT would be property-tax-exempt. (Companion is S.B. 1205 by West.) H.J.R. 124 (Hilderbran) – Parks Funding: would amend the Texas Constitution to require that sporting goods sales taxes may be appropriated only for the funding of state and local parks. S.B. 1018 (Deuell) – Law Enforcement: would: (1) require the Texas Commission on Law Enforcement Standards and Education (TLCEOSE) to develop and establish rules for the electronic submission of forms; (2) require local law enforcement agencies to submit all required documents to TCLEOSE electronically; (3) require TLCEOSE to list the offenses for which placement on deferred adjudication community supervision would constitute grounds for TCLEOSE to suspend or revoke an officer’s license; and (4) require TCLEOSE to establish a comprehensive procedure for each phase of TCLEOSE’s complaint enforcement process. (Companion bill is H.B. 3389 by Harper-Brown). S.B. 1611 (W. Davis) – Health Benefits: would: (1) restrict the instances under which a health benefit plan issuer could cancel a policy; (2) place additional procedural requirements on a health 15 benefit plan issuer when it chooses to cancel a policy; (3) require a health benefit plan issuer to continue to pay claims while a cancellation is in dispute; and (4) require a health benefit plan issuer to pay for the costs involved in an independent review of a cancellation decision. (Companion bill is H.B. 1748 by T. Smith.) S.B. 1629 (Wentworth) – Public Information Act: this bill is the same as H.B. 4147 by Rose, above. S.B. 1714 (Hegar) – Groundwater Control Districts (GWCDs): would: (1) prohibit water in a GWCD from being transferred outside the district for municipal use except in specific situations; and (2) require "evidence of beneficial use" before a well could be approved by a district. S.B. 1733 (West) – Mandatory Health Benefits: would require a health benefit plan issuer to provide coverage for: (1) a physical examination for the detection of prostate cancer; and (2) a prostate-specific antigen test used for the detection of prostate cancer for each male who is at least 40 years of age. S.B. 1771 (Duncan) – Continuation of Health Coverage: would allow an individual whose coverage is cancelled for certain reasons to have: (1) 60 days to sign up for continuation coverage; (2) 30 days to pay the premium when a premium is due; and (3) continuation coverage for eighteen months. S.B. 1828 (Averitt) – Truck Idling: would: (1) create a new TCEQ certification for optional idling emissions standards; and (2) exempt a truck meeting those standards from any idling restrictions, including city ordinances. (Companion bill is H.B. 3317 by Chisum.) S.B. 1884 (Ellis) – Security Breach Notification: would: (1) require a city to promptly disclose a breach of system security to any individual whose personal information is believed to have been acquired as a result of the breach; (2) allow a city to delay notification at the request of a law enforcement agency that determines that notification will impede its investigation or jeopardize homeland security; and (3) provide for alternate forms of notice if the cost of providing notice would exceed $50,000 or the number of people affected exceeds 100,000. (Companion bill is H.B. 2004 by McCall). S.B. 1911 (Carona) – Identify Theft: would require a person, including a city, that handles sensitive information of an individual to provide notice of a breach of the individual's data. The bill would require that the notice: (1) be clear and, if in writing, conspicuous; (2) include a general description of the incident; (3) describe the type of sensitive personal information accessed and acquired; (4) include a general description of the measures the business has taken to protect against a further breach of system security; (5) include a telephone number that the affected person may call for further information and assistance; and (6) include a statement advising the affected person to review account statements and access and monitor free credit reports available to the person. The bill would also require the city to inform a consumer 16 reporting agency regarding the breach if more than 1,000 individuals' information is breached and would provide a private right of action for breach of the bill’s provisions. S.B. 1924 (Watson) – Workers’ Compensation: would require a city or a risk pool to: (1) provide the same notice of workers’ compensation benefits as an insurance company, including network requirements; and (2) receive a written acknowledgement from each employee regarding the required notice. (Companion bill is H.B. 2198 by Solomons). S.B. 1943 (West) – Affordable Housing: would provide, among other things, that each city shall administer municipal programs and activities relating to housing and urban development in a manner that affirmatively furthers the goals of fair housing. (Companion bill is H.B. 4094 by Y. Davis.) S.B. 2018 (Watson) – Golf Carts: would allow a city to regulate golf carts on city streets in the same manner as it regulates neighborhood electric vehicles, including prohibiting them on certain streets if the city finds that prohibition is necessary for the purpose of safety. S.B. 2042 (Ellis) – Texas State Library and Archives Commission: this bill is the same as H.B. 3756, above. S.B. 2099 (Wentworth) – Certificates of Convenience and Necessity: this bill is the same as H.B. 3609, above. S.B. 2137 (Wentworth) – Lobbying: would: (1) permit certain vendors who currently file disclosure statements with a city the option to file a lobbying report with the Texas Ethics Commission whenever the vendor makes expenditures in relation to lobbying the city; and (2) permit cities to use Texas Ethics Commission electronic services and software. S.B. 2147 (Patrick) – Property Tax: would provide that property tax liens that are transferred to third parties become inferior to other liens and encumbrances. S.B. 2295 (Lucio) – Red Light Cameras: would require a traffic light at an intersection equipped with photographic red light enforcement to be set to the maximum allowable yellow change interval duration established in the Texas Manual on Uniform Traffic Control Devices. S.B. 2311 (Averitt) – Water Infrastructure Assistance: would provide that the Texas Water Development Board many not accept an application for a loan or grant of financial assistance from the water infrastructure fund, the state participation account of the water development fund, or the disadvantaged rural community water and wastewater financial assistance fund if the applicant has failed to satisfactorily complete a request by the executive administrator or a regional planning group for information relevant to the project. S.B. 2332 (Duncan) – Health Benefits: would require a health benefit insurer to: (1) provide notice to its insureds when physicians at a preferred provider hospital change from in-network to 17 out-of-network; and (2) reimburse the out-of-network physicians at a preferred provider hospital if certain conditions are met. H.B. 2370 (Uresti) – Mandatory Health Benefits: would increase from 25 to 29 the mandatory age limit for dependants who may be covered under most health benefit plans. S.B. 2372 (Ellis) – Evidence Technicians: would, among other things, provide that the state or a political subdivision of the state may not appoint or employ a person to act as an evidence technician and/or court clerk, unless the person has had at least eight hours of evidence technician training as determined by the state. S.B. 2401 (Davis) – Gas Pipeline Safety: would provide that: (1) an operator of a gas distribution system shall promptly respond to any notification it receives of a gas leak or gas odor emanating from any of its pipeline facilities or damage to the facilities caused by excavators or other outside sources; (2) an operator must respond to a reported gas leak in a specified way; (3) if the leak is determined to be “Grade 1”, which is defined in the bill, the operator shall immediately take certain prescribed actions; (4) an operator shall submit to the Railroad Commission a list of all Grade 1 leaks, using the commission's online reporting system, by July 15 and January 15 of each calendar year; and (5) the commission shall report its findings in connection with the reporting under number 4, above, to the city councilmember and county commissioner who represent the area in which the Grade 1 leak is located and the operator of the pipeline facility where the leak occurred. (Note: Cities with gas utility systems should carefully review the provisions of this bill.) S.B. 2433 (Davis) – Eminent Domain/Gas Pipelines: would provide that: (1) a pipeline operator with eminent domain authority who wants to acquire an easement for a public use on real property owned by a city shall provide notice to the city of the proposed placement of the pipeline; (2) not later than the 60th day after the date the pipeline operator notifies the city, the city shall consent to the pipeline placement or suggest a feasible alternative placement for the pipeline based on the city's comprehensive plan, corridor development and planning for the area, transit development and planning for the area, and economic development and planning for the area; (3) if a pipeline operator and a city are unable to agree on the placement of a pipeline, the pipeline operator may file a condemnation petition; (4) a city that has proposed an alternative placement for the pipeline may move that the court determine whether that proposed placement is more reasonable than the placement proposed by the pipeline operator; and (5) a city by ordinance may regulate the placement, inspections, construction materials, and maintenance of gas pipelines used as gathering lines, pumps, compressors, separators, dehydration units, and tank batteries within the city’s corporate boundaries. S.B. 2442 (Uresti) – Property Tax: would alter the charitable organization property tax exemption as follows: (1) provide that exempt charities must provide support to certain beneficiaries without regard to ability to pay; and (2) allow the exemption for charities that include training and employment in the production of commodities and charities that assist the blind. (Companion bill is H.B. 3133 by Gallego.) 18 S.B. 2482 (Harris) – Alcohol Sales: would provide specific instructions for measuring the distance between a place of business that sells alcohol and a church, school, hospital, day care center, or child-care facility. S.J.R. 40 (Patrick) – Freedom of Conscience: would amend the Texas Constitution to provide that the right to act or refuse to act in a manner that is substantially motivated by a sincerely held religious belief may not be substantially burdened unless the government proves it has a compelling governmental interest in infringing on the specific act or refusal to act and has used the least restrictive means in furthering that interest. (Note: this bill could substantially impact city zoning and other authority.) S.J.R. 42 (Duncan) – Eminent Domain: would amend the Takings Clause of the Texas Constitution to provide that a "public use" does not include the acquisition of a private property interest for the primary purpose of economic development when the acquired property interest is transferred to the benefit of a private person or entity. S.J.R. 46 (Lucio) – Affordable Housing: would amend the Texas Constitution to provide that: (1) the legislature may authorize the Texas Department of Housing and Community Affairs or its successor to issue general obligation bonds of the State of Texas in an amount not to exceed $300 million and to enter into related bond enhancement agreements; and (2) the proceeds from the sale of the bonds shall be deposited to the credit of the housing trust fund or its successor fund and shall be used only to provide affordable housing in accordance with law. S.J.R. 48 (Williams) – Property Tax: would amend the Texas Constitution to permit the legislature to provide that appraisals of residential homesteads shall be limited to the highest possible appraised value when used only as a homestead. (Note: current law can permit appraisal at the level of "highest and best use" of the property, which might include uses other than residential.) (Companion legislation is H.J.R. 36 by Otto.) S.J.R. 49 (Williams) – Property Tax: would amend the Texas Constitution to permit the legislature to provide uniform standards and methodologies for appraising property. SIGNIFICANT COMMITTEE ACTIONS H.B. 528 (Vaught), requiring a municipal court to remit to the state the entire fine imposed on a person convicted of transporting a child without a proper safety seat. Reported from the House Criminal Jurisprudence Committee. H.B. 806 (Gallego), requiring that health benefit plans provide coverage for prosthetics. Reported from the House Insurance Committee. H.B. 1290 (Oliveira), requiring that health benefit plans provide coverage for certain tests for the early detection of cardiovascular disease. Reported from the House Insurance Committee. 19 H.B. 1511 (Otto), prohibiting cities from enforcing an ordinance that requires fire sprinkler systems in residences under 7,500 square feet in size unless the ordinance existed prior to January 1, 2009. Reported from the House Insurance Committee. H.B. 1583 (Flynn), requiring that any city that contracts with a federal-level government relations consultant shall report that fact to the Office of State-Federal Relations. Reported from the House Border and Intergovernmental Affairs Committee. (Companion bill is S.B. 1003 by Deuell.) H.B. 1644 (Dukes), relating to a written admonishment that a peace officer must give to a person charged with a misdemeanor. Reported from the House Criminal Jurisprudence Committee. (Police chiefs and municipal court clerks should review this bill thoroughly.) H.B. 1759 (Thompson), requiring that health benefit plans provide coverage for certain anti- cancer medications. Reported from the House Insurance Committee. H.B. 1998 (McCall), relating to housing and emergency shelters provided by a political subdivision for disaster victims. Reported from the House Defense and Veterans’ Affairs Committee. S.B. 257 (Estes), relating to the sale or delivery of salvia divinorum to a child. Reported from the Senate Criminal Justice Committee. S.B. 375 (Carona), relating to the release of information in accident reports. Reported from the Senate Transportation and Homeland Security Committee. As reported from committee, list bill includes a lengthy list of pieces of information that may not be released (i.e., must be redacted). Municipal court clerks and city secretaries should carefully review this bill as it was approved by the committee. S.B. 638 (Nichols), relating to the collateralization of public funds. Reported from the Senate Finance Committee. S.B. 968 (West), relating to municipal regulation of “interactive water features.” Reported from the Senate Intergovernmental Relations Committee. S.B. 1354 (Jackson), relating to the licensing and regulation of plumbers. Reported from the Senate Business and Commerce Committee. As reported, this bill would: (1) allow plumbing by someone who is not a licensed plumber in a city of less than 5,000 in a county of less than 50,000 if the city or county has authorized non-licensed plumbing; and (2) provide that a city that requires a plumbing contractor to have a local permit must verify, through an Internet site, that the contractor has insurance; and (3) provide that a plumber who is required to have a local permit need not pay a local fee. The bill’s fiscal note states that “a local entity that does not have Internet capabilities… could incur a large expense to comply with the provisions of the bill.” 20 SIGNIFICANT FLOOR ACTIONS H.B. 773 (Oliveira), continuing tax abatement authority until September 1, 2019. Passed the House. H.B. 1038 (Paxton), requiring that the appraisal of a residence homestead reflect a reduced market value brought about by a declining economy. Passed the House. S.B. 298 (Carona), authorizing sobriety checkpoints. Passed the Senate. S.B. 769 (Williams), relating to the recovery by an electric utility of certain expenses relating to weather-related events or natural disasters. Passed the Senate. (Companion bills is H.B. 1378 by Thompson.) TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. April 9, 2009 Number 14 SENATE VERSION OF STATE BUDGET WOULD IMPACT CITIES Although the state’s budget for the next two fiscal years (the 2010-11 biennium) is far from complete, the version adopted by the Senate gives city officials some indication of priorities in at least one chamber. For cities, there are three priority issues in the budget: (1) the diversion of transportation-related revenue to non-transportation spending; (2) revenue available for local parks grants; and (3) general fund revenue for the Texas Commission on Environmental Quality (TCEQ). Diversion of Transportation-Related Revenue A substantial part of the transportation-related fee revenue and tax revenue generated in Texas (more than $1 billion per biennium) is removed from the “Highway Fund” to support other state activities, principally the Department of Public Safety. The 2009 TML legislative program calls for support of legislation that “would discontinue the diversion of transportation revenues to non-transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation.” The Senate version of the budget does very little to end these diversions of revenue. Some lawmakers, however, are working on a proposed constitutional amendment that would phase out the diversions over several years. Local Parks Grants Funding for local parks grants is more than 36 percent less than the funding for the 2008-09 biennium, when a substantial one-time balance was appropriated. However, total funding is $30.7 million, nearly three times the amount appropriated two sessions ago. 2 TCEQ Funding As regular readers of the TML Legislative Update know, the TCEQ has proposed an increase in each of three water-related fees. When these rules become final, municipal fees paid to the TCEQ will increase unless the state appropriates more of its general fund revenue to support TCEQ activities. The Senate version of the state budget does not appear to increase state funding for the TCEQ. Unless this changes before the budget is finally adopted, the fees imposed by the TCEQ on cities will increase in July 2009. Most cities, of course, will have no option other than increasing rates charged on water and wastewater customers. This is, once again, a shift in revenue-raising responsibility from the state to cities. FEDERAL STIMULUS PACKAGE UPDATES The League’s American Recovery and Reinvestment Act (ARRA) Web page can be accessed at www.tml.org by clicking on “Federal Stimulus Information.” Since last week’s TML Legislative Update, various information on the TML Web page has been updated, including information relating to additional guidance released by various federal agencies on ARRA programs. In addition, the National League of Cities (NLC) will host a Webcast titled “Implementation of the Economic Recovery Act: The Energy Efficiency and Conservation Block Grant” on Tuesday, April 14, 2009, from 11:00 a.m. – noon (CDT). Go to www.NLCTV.org. By April 15, 2009, the webcast will be fully archived for viewing at the same address. The League staff will continue to monitor the implementation of the ARRA. SIGNIFICANT COMMITTEE ACTIONS H.B. 502 (England), providing that a local law enforcement agency is eligible for peace office training funds only if it annually submits a detailed personnel training report to the state comptroller. Reported from the House Public Safety Committee. H.B. 987 (Creighton), providing that if a change order involves a decrease or increase of $50,000 or less and is for work within the original bid, the city’s governing body may authorize an administrative official to approve the change order. (Note: the current limit is $25,000.) Reported from the House State Affairs Committee. H.B. 1545 (Miklos), amending Chapter 143 of the Local Government Code (fire/police civil service) to provide that: (1) if a civil service commission finds that a period of disciplinary suspension should be reduced, the commission may order a reduction in the period of suspension; and (2) if the commission or a hearing examiner orders that a suspended firefighter or police officer be restored to the position or class of service from which the person was suspended, the firefighter or police officer is entitled to immediate reinstatement to the position or class of service from which the person was suspended, notwithstanding any action filed in a court by the city or department head challenging the commission’s decision. Reported from the House Urban Affairs Committee. 3 H.B. 1831 (Corte), more narrowly and clearly identifying city officials who must receive emergency management training. Reported from the House Defense and Veterans’ Affairs Committee. H.B. 2113 (Walle), allowing a police officer or firefighter, in a city with more than 25,000 in population, to treat September 11 as a paid day off if the officer substitutes another holiday or uses other paid time off and is not required by the city to work to maintain minimum staffing levels. Reported from the House Urban Affairs Committee. S.B. 39 (Zaffirini), requiring health benefit plans to cover certain expenses related to clinical trials. Reported from the House Insurance Committee. S.B. 181 (Gallegos), relating to reentry procedures for essential personnel entering an evacuated area during a disaster or other emergency. Reported from the Senate Intergovernmental Relations Committee. S.B. 338 (Van de Putte), creating a “plastic checkout bag” recycling program that would preempt local ordinances on the same topic. Reported from the Senate Business and Commerce Committee. S.B. 769 (Williams), relating to the recovery by an electric utility of certain expenses relating to weather- related events or natural disasters. Reported from the House State Affairs Committee. (Companion bill is H.B. 1378 by Thompson.) S.B. 855 (Carona), creating a variety of local-option, voter-approved funding sources for mobility improvement projects in certain counties. Reported from the Senate Transportation and Homeland Security Committee. S.B. 968 (West), relating to regulating “interactive water features and fountains” that are maintained for public recreation. Reported from the Senate Intergovernmental Relations Committee. As reported, this bill would give cities authority over privately owned water features, but could also give the state or county authority over any city-owned water feature. S.B. 1320 (Wentworth), requiring that certain geospatial data (for example, a map) that has not been prepared by a professional surveyor and is provided by a city must have a notice indicating that the data is for “informational purposes only.” Reported from the Senate Intergovernmental Relations Committee. S.B. 1447 (West), relating to civil remedies of health and safety ordinances. Reported from the Senate Intergovernmental Relations Committee. S.B. 1619 (Wentworth), providing that certain actions of a home rule city are not subject to referendum. Reported from the Senate Intergovernmental Relations Committee. S.B. 1732 (West), requiring the Texas Health and Human Services commission to adopt swimming pool safety standards that are at least as stringent as federal law (the Virginia Graeme Baker Pool and Spa Safety Act). Reported from the Senate State Affairs Committee. S.B. 1742 (Shapiro), placing tighter restriction on the discharge of firearms in a city’s extraterritorial jurisdictions. Reported from the Senate Intergovernmental Relations Committee. S.B. 1947 (West), relating to the authority of two or more cities to designate a joint tax increment financing reinvestment zone. Reported from the Senate Economic Development Committee. 4 S.J.R. 18 (Ogden), proposing a constitutional amendment that would authorize the legislature to permit the Texas Transportation Commission to designate the area adjacent to a state highway project as a transportation finance zone and dedicating the proceeds of the state sales tax in the zone to the Texas Mobility Fund. Reported from the Senate Finance Committee. SIGNIFICANT FLOOR ACTIONS H.B. 806 (Gallego), requiring that health benefit plans provide coverage for prosthetics. Passed the House. S.B. 39 (Zaffirini), requiring health benefit plans to cover certain expenses related to clinical trials. Passed the Senate. S.B. 257 (Estes), relating to the sale or delivery of salvia divinorum to a child. Passed the Senate. S.B. 461 (Gallegos), relating to eligibility to take a firefighter entrance exam in a civil service (Chapter 143) city. Passed the Senate. S.B. 638 (Nichols), relating to the collateralization of public funds. Passed the Senate. S.B. 769 (Williams), relating to the recovery by an electric utility of certain expenses relating to weather- related events or natural disasters. Passed the House. S.B. 872 (Lucio), relating to health benefits for certain survivors of peace officers or firefighters killed in the line of duty. Passed the Senate. As passed, this bill provides that when a surviving spouse obtains health coverage from the entity for which the deceased peace officer or firefighter had worked, the spouse “may not be required to pay a premium amount for the coverage that is greater than the premium amount that a current employee of the employing entity without a spouse is required to pay to cover the employee alone or to cover the employee and the employee’s dependent children, as applicable to the eligible survivor.” This would mean that if the city pays the premiums for active employees, the surviving spouse would pay nothing for his/her coverage. Under the bill, the surviving spouse would be eligible for this benefit until he/she is eligible for Medicare. The city would incur costs in these relatively rare instances. S.B. 1003 (Deuell), requiring that any city that contracts with a federal-level government relations consultant shall report that fact to the Office of State-Federal Relations. Passed the Senate. S.B. 1354 (Jackson), relating to the licensing and regulation of plumbers. Passed the Senate. As passed, this bill would: (1) allow plumbing by someone who is not a licensed plumber in a city of less than 5,000 in a county of less than 50,000 if the city or county has authorized non-licensed plumbing; and (2) provide that a plumber who is required to have a local permit need not pay a local fee. The bill no longer provides that a city must use the Internet to verify that a plumbing contractor has insurance. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. y COMffiIItIILAatil0X3chter April 1, 2009 Mr. Brandon Emmons Town Manager Town of Trophy Club 100 Municipal Drive Trophy Club, TX 76262 Re: Charter Communications, Inc. Restructuring Dear Mr. Emmons: Over the past few months we have been communicating with you about our financial restructuring process. In February, Charter Communications, Inc. ("Charter"), the ultimate parent corporation of your franchisee, announced that it had reached agreements with certain of its key bondholders to significantly reduce its debt and provide new capital to Charter. In order to implement the restructuring plan as expeditiously as possible, on March 27, 2009, Charter voluntarily began a Chapter 11 reorganization process. As you may know, the Chapter I 1 process is specifically designed to enable companies to continue to operate while they develop and implement financial restructuring plans. While in reorganization pursuant to Chapter 11, Charter and its subsidiaries will continue to provide services to their customers as usual. To that end Charter sought and obtained interim authority from the Bankruptcy Court to use its cash for normal business operations. On March 30, 2009, Charter received interim authorization from the Bankruptcy Court to continue paying franchise fees and amounts due under its franchise agreements. At a hearing scheduled for April 15, 2009, Charter will seek final approval from the Bankruptcy Court to pay such fees and amounts. Charter also received permission from the Bankruptcy Court to continue to honor all of its current customer programs and is seeking approval to pay all of its vendors in the normal course of business. We are pleased to have completed these important early steps in our financial restructuring. The agreements between Charter and its key bondholders and principal stockholder, Paul G. Allen, contemplate that upon completion of the reorganization, Charter's current stock will be cancelled and replaced by new stock. Some of those bondholders and Mr. Allen (who will continue to have the largest individual voting interest in Charter), will be issued new voting stock in Charter in exchange for their current claims and interests. Pursuant to the agreements, some of the bondholders will invest $3 billion of capital in Charter to support the overall refinancing. 11720 Amber Park Dr., Suite 160 - Alpharetta, Georgia 30009 www.charfersom Charter's current Chief Executive Officer and Chief Operating Officer, as well as its local management and employees, are expected to remain in place. All of the cable television franchises held by Charter entities will continue to be held by those same entities. In the next few weeks, Charter will provide FCC consent forms to certain local franchise authorities whose consent to this transaction might be required by the terms of their municipal ordinances, state law and applicable bankruptcy law. Where franchise documents and applicable bankruptcy law indicate that consent is not required, Charter will not be providing formal consent forms. However, you can find all of Charter's court filed documents and regular updates on the bankruptcy case at www.kccllc.net/charter. You may also obtain information about Charter's financial restructuring at our website at www.charter.com. Charter's operations are strong, and we continue to focus on enhancing our products and services. We are a proud and dedicated team of over 16,000 employees who are focused on delivering superior products, such as advanced video services, faster Internet speeds, and a choice for telephone service, all at a great value and supported by a best -in -class customer experience. Charter is committed to emerging from this process as a stronger company. We look forward to being a valuable member of the communities we serve and to serving our customers for many years to come. If you have additional questions, please do not hesitate to contact me at 770-754- 5269 or Kevin Allen, Charter's Director of Government Relations, at 817-298-3597. Sincerely, Ad , 1� . Marls Brown Senior Director & Counsel Legal & Government Affairs Charter Communications, Inc. �FvA/1�L sFederal Emergency Management Agency Washington, D.C. 20472 �`�ND SEA CERTIFIED MAIL 1N REPLY REFER TO: RETURN RECEIPT REQUESTED March 25, 2009 The Honorable Nick Sanders Mayor, Town of Trophy Clnb 100 Municipal Drive Trophy Club, Texas 76262 Dear Mayor Sanders: 19P-N-NFP Community: Town of Trophy Club, Texas Community No.: 481606 Map Panels Affected: See FIRM Index This is to formally notify you of the final Flood hazard determination for your community in compliance with Title 44, Chapter 1, Part 67, Code of Federal Regulations. Recently, FEMA completed are - evaluation of flood hazards within Tarrant County. Texas and Incorporated Areas, and portions of your community were identified within Tarrant County. These portions of your conununity are shown for informational purposes only. Based on the flood hazard information available at this time and as shown on the Preliminary copies of the FIRM and FIS report, FEMA has determined that your community is not subject to inundation by the base flood within Tarrant County only. This does not preclude future SFHA designations necessitated by changed conditions affecting your community or the availability of new scientific or technical data about flood hazards. 'file countywide FIRM and FIS report will become effective on September 25, 2009. Before the effective date, FEMA will send you final printed copies of the FIRM panels affecting your conununity and the FIS report. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your conununity. The effects of this determination are as follows: I. Any regulation ofthe NFIP with which your comnumity is complying remains unchanged, and no additional conditions must be met as a condition ofyour community's participation in the NFIP. However, your commmnity should recognize that floods larger than the base flood, do occur, and your community should exercise care in evaluating new development that could aggravate or create flood problems in your comnumity or in adjacent conununities. 2. The portion ofyour community within Tarrant County will be placed in Zone X (unshaded). 3. The maximum coverage available under the Regular Phase of the NFIP will continue to be available. The Flood Disaster Protection Act of 1973 (Public Law 93 234) and various regulations of the NFIP (42 U.S.C. Section 4001-4128) are based on base flood elevations. FEMA has determined that no Base Flood Elevations are known to exist in your community within Tarrant County. The FIRM panels have been computer -generated. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our Map Service Center, toll free, at 1-800-358-9616. In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If you have any floodplain management questions or questions concerning the NFIP in general, please call Frank Pagano, Director, Federal Insurance and Mitigation Division of FEMA in Denton, Texas, at (940) 898-5127, for assistance. If YOU have any questions concerning mapping issues in general, please call our Center, toll free, at 1-877-FEMA MAP (1-877-336-2627). Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Revelations, Answers to Ouestions About the National Flood Insurance Program, Frequently Asked Questions Regarding the Effects that Remised Flood Hazards have on Existing Structure, Use of Flood Insurance Stuc(p (FIS) Data cis Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at htip://www.flooclmaps.1'eina.Qov/lfcl. Paper copies of these documents may also be obtained by calling our Map Assistance Center. Sincerely, William R. Blanton Jr., CFM, Chief Engineering Management Branch Mitigation Directorate cc: Community Map Repository Mary Moore Environmental Coordinator, Town of Trophy Club 1 Po l i c e D e p a r t m e n t S t a t s - 2 0 0 8 Ac t i v i t y Ja n u a r y Fe b r u a r y Ma r c h Ap r i l Ma y Ju n e Ju l y Au g u s t Se p t e m b e r Oc t o b e r No v e m b e r December Total Ac c i d e n t s - M i n o r 4 0 4 8 Ac c i d e n t s - M a j o r 0 0 0 0 Ac c i d e n t - H i t & R u n 0 1 0 1 As s a u l t s 0 1 1 2 Bu r g l a r A l a r m s 31 19 13 63 Bu r g l a r y I n P r o g r e s s 0 1 1 2 Bu r g l a r y I n v e s t i g a t i o n s 0 2 2 4 Su s p i c i o u s A c t i v i t y 13 6 5 24 De c e a s e d P e r s o n 0 0 0 0 E. D . P . 1 4 1 6 Di s t u b a n c e 8 9 5 22 Do m e s t i c D i s t u r b a n c e 2 3 5 10 An i m a l C o m p l a i n t 29 30 33 92 In t o x . P e r s o n 0 1 0 1 Bu r g . M o t o r V e h i c l e 1 0 3 4 Fi g h t 0 0 0 0 D. W . I . 1 1 1 3 As s i s t F i r e D e p t . 8 10 12 30 Bi c y c l e P a t r o l 1 1 0 2 As s i s t E M S 12 8 9 29 Me e t C o m p l a i n a n t 9 12 9 30 Pa r k i n g V i o l a t i o n 67 10 5 41 213 Tr a f f i c S t o p 29 3 30 0 36 7 960 Pe r s o n w / A G u n 0 0 0 0 Pr i s o n e r D e t a i l 2 0 1 3 Pr o w l e r 0 0 3 3 Su s p i c i o u s P e r s o n 7 13 12 32 Su s p i c i o u s V e h i c l e 27 32 27 86 2 Th e f t I n v e s t i g a t i o n 4 3 4 11 Ab a n d o n d V e h i c l e 0 0 2 2 Ab a n d o n d / F o u n d P r o p e r t y 0 2 2 4 Co u r t 0 1 2 3 Es c o r t 1 0 4 5 Eq u i p m e n t S e r v i c e 1 7 2 10 In f o r m a t i o n 5 3 7 15 Cr i m i n a l M i s c h i e f 2 3 5 10 Mi s s i n g P e r s o n 0 1 2 3 Op e n D o o r 9 8 1 5 32 Ar r e s t 14 14 10 38 St o l e n V e h i c l e 0 1 2 3 As s i s t C i t i z e n 13 5 9 27 As s i s t O f f i c e r 79 78 74 231 Ci t y O r d . V i o l a t i o n 10 12 29 51 Ci v i l S t a n d b y 2 2 0 4 Cr i m i n a l T r e s p a s s 1 2 0 3 Fo l l o w U p 6 6 8 20 Fo r g e r y 4 1 1 6 Ha r a s s m e n t 3 0 1 4 Pr e m i s e C h e c k 16 7 14 4 17 1 482 Ru n a w a y 0 1 0 1 Sp e c i a l A s s i g n m e n t 2 3 6 11 Su i c i d e / T h r e a t 0 0 0 0 Su r v e i l l a n c e 0 0 0 0 Tr a f f i c D e t a i l 15 24 12 51 Tr a i n i n g 8 3 1 2 23 Wa r r a n t S e r v i c e 2 1 0 3 Wr i t e R e p o r t 11 4 9 24 Cr i m e P r e v e n t i o n 7 10 15 32 De l i v e r P a c k e t s 28 64 17 109 Fo o t P a t r o l 71 11 0 10 2 283 3 Ho u s e / B u s i n e s s C h e c k 12 1 11 6 13 7 374 Na r c o t i c s V i o l a t i o n 5 5 1 11 Te r r o r i s t i c T h r e a t 2 0 1 3 Cr i m e s A g a i n s t C h i l d r e n 0 1 1 2 Wa r r a n t I n d i c a t e d 0 1 0 1 As s i s t M o t o r i s t 4 7 1 2 23 Ve h i c l e C o m p l a i n t 5 6 7 18 As s i s t O t h e r A g e n c y 19 9 16 44 Ju v e n i l e C o m p l a i n t 5 4 1 3 22 Sc h o o l R e l a t e d 18 21 12 51 91 1 H a n g U p 6 12 4 22 Ad m i n D u t y 49 52 61 162 Id e n t i t y T h e f t 0 1 2 3 We l f a r e C o n c e r n 4 1 3 8 To t a l N u m b e r o f C a l l s 1, 2 1 9 1, 3 0 8 1, 3 4 8 3,875