Loading...
Agenda Packet TC 12/06/2010 - Supplement November 18, 2010 Number 8     WHAT’S YOUR AREA OF EXPERTISE OR INTEREST? JOIN YOUR FAVORITE E-LIST The TML staff is gathering e-mail addresses from city officials (elected or appointed) who are willing to provide testimony during the 2011 legislative session, want to be kept “in the loop” on certain subject matters, or are willing to simply provide their perspective on a particular legislative matter. If you would like to participate in this E-List project, simply go to http://www.tml.org/genform/E-List.asp and fill out the online form. If you have any questions, please contact Katie Fleming at Katie@tml.org or 512-231-7400. GOVERNOR PERRY PROMISES TO ABOLISH “SANCTUARY CITY” RULES In early October, Gov. Rick Perry told the Houston Police Officers Union that “…[t]here’s some Texas cities who’ve enacted sanctuary city rules; they’ve basically been handcuffing you from the job you’re sworn to uphold. Well, today I’m announcing my plan to remove those handcuffs on your wrists by making the abolition of our 2   sanctuary city rules an emergency item when our legislature meets this January.” (An “emergency item” is a legislative initiative designated by the governor for immediate consideration by the legislature.) In his speech, the governor did not define the term “sanctuary city.” There is, in fact, no universally accepted definition, but the term is often defined in one of the following ways: • a policy that prevents municipal employees, including peace officers, from enforcing federal immigration laws; or • a “don’t ask/don’t tell” policy under which municipal employees are not required to inquire about one’s immigration status. The governor did not say whether his proposed ban on sanctuaries would extend to the Texas Department of Public Safety (DPS). On October 15, the governor was interviewed by Evan Smith, editor-in-chief and CEO of the Texas Tribune. Mr. Smith pointed out that DPS has a policy that the department “will not engage in enforcement of federal immigration statutes.” In an attempt to understand what the governor means by “sanctuary city,” Mr. Smith then asked the governor if the DPS policy makes DPS a “sanctuary agency.” The governor did not answer the question directly, nor did he provide any details about the legislation he will seek in January 2011. Perhaps city officials can get some idea of what’s to come by looking to Tennessee. Last year, that state enacted S.B. 1310, relating to sanctuary cities. That bill provides as follows: • No local government (the statute does not apply to the state) may have a policy that limits or prohibits an official or an employee (including a peace officer) from communicating or cooperating with federal officials with regard to the immigration status of any person. • A peace officer who has probable cause to believe that an arrestee is not legally within the U.S. shall report the arrestee to the U.S. Immigration and Customs Enforcement (ICE) office. • Each local government shall provide notice to its peace officers of their duty to cooperate with state and federal officials with regard to immigration laws. Each local government shall provide written confirmation to the legislature that it has provided such notice and shall annually report to the legislature the number of reports it has made to ICE. • A local government that violates the statute shall be ineligible for certain grants. 3   In Texas, several pre-filed bills would address immigration. (Please see City-Related Bills Filed section below.) Many of those (e.g., H.B. 18, H.B. 113, S.B. 124, and S.B. 126) are essentially identical to the Tennessee law. Only time will tell which, if any, of those bills gains traction in the 2011 session. In the meantime, no one is certain that sanctuaries exist anywhere in Texas, particularly under a definition that excludes DPS as a sanctuary agency. An Internet search leads to several lists of sanctuary cities, but the lists vary widely and are of little use. What’s more, many Texas localities that have been identified as sanctuaries are active participants in “Secure Communities,” a program through which local police and the federal government identify arrestees who are non-residents and take action against them. For example, while Houston has been alleged by some, to be a sanctuary city, it is a long- time participant in the Secure Communities program. As a result, ICE officials have access to Houston city jails, and non-residents are regularly deported from the city. One thing is certain. State-mandated immigration policies that are forced on municipal police departments will cost money. Just how much money is unclear, but it is almost a certainty that the state will not provide any funding to support those departments. And how ironic it is that the DPS, a state agency, doesn’t take the lead on the issue.     MISLEADING MUNICIPAL JAIL DEATH STATISTICS? In the previous issue of the Legislative Update, the League reported on a hearing of the Senate Committee on Criminal Justice regarding municipal jail standards. The committee has been charged to: Study and make recommendations related to municipal jails and other detention facilities that operate without state agency oversight. Identify the number of such facilities and the population detained, as well as best practices for municipal jails. Make recommendations to improve services and consider options for oversight of facilities by the Texas Commission on Jail Standards. At the hearing, a staff member of the Texas Commission on Jail Standards (a state agency) testified that the commission has oversight of county jails, but not of city jails. Various public officials, including one city official, testified in support of granting the state the power to regulate city jails and/or jailers. Since 2005, 66 people have died in city jails. Many of those deaths – twenty-seven or 40 percent, to be exact – were attributable to suicide. What about county and state jails that are regulated by the state? In county jails, 528 people died in the same period. In the 4   state prison system, 749 died. Of those deaths, 24 percent and 20 percent respectively were attributed to suicide. Given the difference in the nature of city jails versus county jails and state penitentiaries – namely that city jails often hold those who have come directly from the streets and may be in an agitated or intoxicated state – it is not surprising that suicides in municipal jails are higher than those in other jails. The statistics would seem to show that state regulation doesn’t eliminate that problem. Testimony at the recent hearing, and recent media reports, seem to miss the mark completely. One article noted that “while county jails answer to the [Texas] Commission on Jail Standards and the Texas Department of Criminal Justice is responsible for state prisons, city jails are accountable to no higher authority…they remain unmonitored.” (Emphasis added.) In fact, city jails are “regulated.” They are regulated by the city staff who oversee them, and they are ultimately regulated by each city’s council. That is why the TML membership recently recommended that TML oppose legislation that would “mandate jail standards for city jails or mandate any form of certification for city detention officers”; not because of a lack of concern for detainees, but because more bureaucracy that costs cities more money isn’t necessarily the answer. PROPOSED CHANGES TO GENERAL ACCOUNTING STANDARDS BOARD STATEMENTS COULD AFFECT CITY PENSION ACCOUNTING Proposed changes to General Accounting Standards Board (GASB) Statements will limit the way the Texas Municipal Retirement System (TMRS) and cities calculate pension liability, likely leading to large liabilities in city financial statements. (GASB is the independent, not-for-profit organization that establishes financial accounting and reporting standards for states and cities.) The standards affect the way pension liabilities through the Texas Municipal Retirement System and other public retirement options are calculated. GASB proposes to reexamine its current pension guidance to change the calculation to: (1) use an entry age based actuarial method; (2) use an amortization period based on remaining years of service; and (3) immediately recognize any gains or losses in the accounts or benefit enhancements. The proposed method of calculation could lead to volatility in determining a city’s pension liability because of the way pension liability is currently calculated for budgetary purposes. 5   GASB has already issued preliminary views on these changes and has had hearings around the country on the issue. In September 2010, TMRS and the Government Finance Officers Association of Texas both commented on the proposed changes. Drafts of the statement changes are expected in 2011, with final statements in 2012 and implementation of any changes in 2014 or 2015. For more information on the current status of these proposed changes, please see the GASB Web site at: http://www.gasb.org/cs/ContentServer?c=GASBContent_C&pagename=GASB%2FGAS BContent_C%2FProjectPage&cid=1176156645919#recent_developments       FEDERAL COURT UPHOLDS STATE CABLE FRANCHISE LAW On October 29, 2010, the United States District Court for the Western District of Texas granted a favorable motion for summary judgment in Texas Cable and Telecommunications Association v. P.U.C. Commissioners. The case involved the longstanding dispute regarding the “grandfathering” provision in Senate Bill 5. That provision requires incumbent cable providers to fulfill obligations under existing franchise agreements until those agreements expire. (S.B. 5, which authorized a state- issued certificate of franchise authority for cable and video providers, became law in 2005. The bill is now codified in Chapter 66 of the Texas Utilities Code.) The Texas Cable and Telecommunications Association (TCTA) lawsuit was filed the day after the bill became effective, and the Texas Coalition of Cities for Utility Issues (TCCFUI) intervened shortly thereafter on behalf of Texas cities. In 2006, the court dismissed the case on procedural grounds. In 2007, the TCTA appealed the dismissal to the Fifth Circuit Court of Appeals. In 2008, the Fifth Circuit issued its opinion and concluded that the TCTA’s claims deserved consideration by the trial court. Last month, the federal district court granted a motion for summary judgment in favor of the Texas Public Utility Commission, TCCFUI, and others (i.e., upholding the grandfathering provision). The court brushed aside TCTA’s claim that being bound to an existing franchise violates a provider’s First Amendment rights by holding that Chapter 66 does not discriminate based on the content of a cable provider’s programming. It also rejected TCTA’s claim that Chapter 66 violates federal law relating to “redlining” by state franchise holders because each applicant for a franchise must comply with federal law. (Redlining is when a company discriminates against certain geographic, income, or ethnic areas.) 6   TCTA still has time to appeal the decision. TML will continue to monitor the case, but it appears almost moot because only a handful of grandfathered cable franchises remain in existence. ADDITIONAL INFORMATION REGARDING PUC PROMPT PAYMENT RULES In the previous edition of the Legislative Update, the League reported that the Public Utility Commission (PUC) has adopted rules governing utility payment overdue dates. The rules, found in 16 Texas Administrative Code Sections 25.33, 25.482, and 26.33, attempt to clarify that a bill submitted to a governmental entity by an electric utility, an electric aggregator, a retail electric provider, or a certified telecommunications utility is subject to the Texas Prompt Payment Act (PPA). The previous article stated that the short dispute period in the PPA may limit the ability of cities to audit their utility bills. In its Final Order in Project No. 36260 (Rulemaking Related to the Obligations of Telephone Providers under the Texas Prompt Payment Act), adopted on September 13, 2010, the PUC stated that: In Docket No. 34332, the [Public Utility] Commission interpreted this provision [PPA, §2251.042] to mean that if an invoice is not disputed, it merely means the payment is overdue on the 31st day and interest may accrue. Additionally, the Commission concluded that this provision in the PPA is not a statute of limitations. Therefore, the Commission declines to specifically include the PPA’s 21-day dispute provision in §26.33(c).” The PUC order quoted above means that, even though such bills are subject to the PPA, the short dispute period does not function as a statute of limitations for the auditing of telecommunications or electric bills. STREET SIGN CHANGES ARE A GRADUAL PROCESS Recent news reports from New York City highlighted some recent and not-so-recent changes in federal rules impacting street signs to improve readability. Federal guidelines for governing street signs, pavement markings and all other standards for streets and roads open to public traffic are published in the Manual on Uniform Traffic Control Devices (MUTCD). Updates in 2000, 2003, and 2009 made significant 7   changes in standards for street name signs impacting cities. (You can view the MUTDC at http://mutcd.fhwa.dot.gov.) The latest standards reflect updates on safety and are intended to enhance the ability of drivers to read signs more quickly, especially at night. The quicker a driver can read information from a sign, the less time they take from the road, according to safety research. According to new standards issued by the Federal Highway Administration of the U.S. Department of Transportation, the lettering and materials for street name signs must be changed to reflect current research on safety. The change garnering news headlines was a required change from street name signs with all capital letters to mixed case letters that has no deadline, according to the Federal Highway Administration, and can be done by cities whenever they would replace their street name signs due to normal wear and tear. However, there is a 2018 deadline for changing street name signs to minimum letter heights, which was included in the update to the MUTCD in 2000 and updated in 2003. Cities need to have a replacement plan in place by 2012. Many cities have been updating these new standards as part of another change included in the latest update of the MUTCD in January 2009. A newer ruling on “retroreflectivity” for easier night viewing of street signs was adopted in late 2007 and went into effect in January 2008. Many cities are changing the lettering on their street signs as they comply with the newer ruling and when signs need to be replaced. Agencies have until January 2012 to establish and implement a sign assessment or management method to maintain minimum levels of sign retroreflectivity. The compliance date for regulatory, warning, and ground-mounted guide signs is January 2015. For overhead guide signs and street name signs, the compliance date is January 2018. The retroreflectivity rule was requested by Congress in 1993 to make street and highway signs more visible at night. The American Public Works Association has been working with its members for several years on the implementation of these rules and has the following resources available online: Sign Retroreflectivity: What is it and Why Should I Care (Retroreflectivity Part 1): 8   http://www.apwa.net/events/eventdetail.asp?ID=5217 (broadcast Oct. 15, 2009, and rebroadcast Feb. 11, 2010) Sign Retroreflectivity: Best Management Practices for How to Implement (Retroreflectivity Part 2): http://www.apwa.net/events/eventdetail.asp?ID=5220 (broadcast Nov. 5, 2009 and rebroadcast Feb. 25, 2010. MUTCD Revisions: Changes Every Local Community Needs to Know: http://www.apwa.net/events/eventdetail.asp?ID=5233 Finally, the Federal Highway Administration has prepared a sign retroreflective toolkit at www.fhwa.dot.gov/retro. Copies can be ordered online. The toolkit provides information to assist smaller and medium sized agencies to meet the new requirements and consists of a compact disc and guidebook that helps agencies establish a maintenance program and set a budget for updating their traffic signs. (This article, written by Leslie Wollack with the National League of Cities, is reprinted with permission from NLC.) FIFTH CIRCUIT REJECTS APPEAL OF FAIR HOUSING CASE Last week, the United States Court of Appeals for the Fifth Circuit issued its opinion in NAACP et al. v. City of Kyle. The case relates to municipal development authority. In the case, the National Association for the Advancement of Colored People (NAACP), the Home Builders Association of Greater Austin, and the National Association of Home Builders sued the City of Kyle regarding amendments to the city’s zoning and subdivision ordinances. 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. 9   • Buildings and structures in the two residential districts are required to have all 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. Those 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. In March 2009, the federal district court in Austin held in favor of the City of Kyle. The court of appeals also held in favor of the city. It did so for the procedural reason that neither the NAACP nor the builders’ associations have standing to sue the city because, in part, no evidence was presented that any of their members were unable to purchase a home as a result of the ordinance amendments. Contrary to the plaintiffs’ claims, the case really isn’t about discrimination against certain homebuyers. 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. DOES YOUR CITY IMPOSE IMPACT FEES? Chapter 395 of the Local Government Code authorizes a city to impose impact fees on landowners to cover the cost of capital improvements necessary to serve new development. Section 395.082 provides that a city that imposes an impact fee shall submit a written certification verifying compliance with the requirements of Chapter 395 to the attorney general each year. The certification must be signed by the presiding officer of the governing body, be filed not later than the last day of the city’s fiscal year, and include a statement that reads substantially similar to the following: “This statement certifies compliance with Chapter 395, Local Government Code.” A city that fails to submit a certification is liable to the state for a civil penalty in an amount equal to 10 percent of the amount of the impact fees erroneously charged. The certification should be sent to: Texas Attorney General’s Office Attn: Intergovernmental Relations Division P.O. Box 12548 Austin, Texas 78711-2548 10   For more information, contact the Texas Municipal League Legal Services Department at 512-231-7400 or legalinfo@tml.org. HAVE YOU COMPLETED YOUR OPEN GOVERNMENT TRAINING? State law requires each elected or appointed member of a governmental body to take at least one hour of training in both the Open Meetings Act and the Public Information Act. In addition, a city's officer for public information (often the city secretary) must take at least one hour of training in the Public Information Act. With regard to the Public Information Act training, a public official (for example, a member of a municipal governing body) may designate a public information coordinator to satisfy the open records training requirement. For example, a city secretary could fill this role. The training must be completed not later than 90 days after a person takes the oath of office or assumes the responsibilities of the office. Once a person has taken the training, the requirement is satisfied; the law does not require a refresher or update. The attorney general’s office allows the training requirement to be met in three ways: (1) live training provided by that office; (2) a video that is available free of charge or online; and (3) certification of other entities, such as TML, to provide the training. TML is certified to offer training and frequently conducts workshops that satisfy the training requirements. For detailed information, please visit www.oag.state.tx.us and click on the “Open Government” tab at the top of the page, then select “Open Government Training” on the right. Please contact the TML legal services department at legalinfo@tml.org or 512-231-7400 with questions. PRE-FILING OF BILLS BEGINS Bill filing for the 2010 legislative session began on Monday, November 8. Early bills address appraisal caps, eminent domain, immigration, and many other city-related issues. City-related bills are summarized below. 11   H.B. 16 (Riddle) – Elections: would: (1) require the voter registrar of each county and the secretary of state to provide notice of voter identification requirements and to educate voters about the requirements through certain programs by publishing notice on certain Web sites; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification; (3) provide that, if a voter does not present acceptable identification, the voter shall be accepted for provisional voting only; (4) modify the types of acceptable voter identification documents; (5) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter’s identity can be verified from the proof presented; and (6) provide that a provisional ballot may be accepted only if: (a) the voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter submits a copy of the identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the fifth day after the date of the election. H.B. 18 (Riddle) – Immigration: would prohibit a city from adopting a policy under which the city's police department or other city officials would not fully enforce state or federal laws relating to immigration. H.B. 20 (Riddle) – Burglary of a Vehicle: would make burglary of a vehicle a state jail felony offense and provide that the amount of community service work ordered by a judge may not exceed 200 hours for a Class A misdemeanor offense or any other misdemeanor for which the maximum permissible confinement exceeds six months or the maximum permissible fine exceeds $4,000. H.B. 21 Riddle) – Immigration: would require a state agency that distributes money (apparently including federal pass-through money) to a city to include in the agency’s accounting amounts spent by the city to provide services to non-citizens. H.B. 23 (Riddle) – Property Tax: would allow a county commissioners court to call a county-wide election to reduce the property tax appraisal cap for all taxing units in the county from ten percent to some percentage between three and ten. (Note: please see H.J.R. 16, below.) H.B. 26 (Guillen) – Property Tax: would establish eligibility criteria for the active duty military personnel tax freeze authorized by H.J.R. 17, below. Specifically, the bill would: (1) require that the property owner be on duty for at least six months at a distance of at least 60 miles from the homestead; (2) limit the freeze to property that also receives a homestead tax exemption; (3) allow increased taxes on improvements to the property; (4) permit the chief appraiser to require proof of ongoing eligibility for the freeze; (5) provide that the tax freeze expires when the land no longer receives a homestead exemption or when the owner no longer meets the active duty and distance criteria; (6) 12   provide for the portability of the tax freeze from one homestead to another within the same taxing unit; and (7) provide rollback rate relief for value lost to the military tax freeze. H.B. 30 (Guillen) – Electricity Billing: would prohibit an electric provider, including a municipally owned utility, from disconnecting service to a residential customer on a Friday, Saturday, Sunday, federally-declared holiday, the day before the federally- declared holiday, or after 3:00 pm on any calendar day. H.B. 37 (Menendez) – Cell Phone Ban: would: (1) define the term “school crossing zone” to be the same as that in the Transportation Code; (2) prohibit use of a wireless communication device while operating a motor vehicle unless the vehicle is in park, the vehicle’s brake is applied, or the device is used with a hands-free device; (3) provide an affirmative defense to prosecution if the device is used to make an emergency call to an emergency response service, a hospital, a fire department, a health clinic, a doctor’s office, an individual to administer first aid, or a law enforcement agency; (4) make an offense under the bill a misdemeanor; and (5) repeal current requirements to post signs at school crossing zones regarding use of wireless communication devices. H.B. 38 (Menendez) - Graffiti: would increase the penalty for graffiti on a government building to a state jail felony, with an enhancement to the next higher category of offense if the person has been previously convicted for graffiti. H.B. 40 (Menendez) – Collective Bargaining: would amend Chapter 174 of the Local Government Code to grant collective bargaining rights to all city firefighters and police officers without a popular vote. (Note: this bill anticipates the passage of federal legislation that would impose collective bargaining on all cities. The TML Legislative Update has frequently reported on this proposed federal legislation, most recently in the August 26, 2010, edition.) H.B. 43 (Menendez) – Fire/Police Civil Service: would amend Chapter 143 of the Local Government Code to limit the way in which a civil service city may investigate a complaint against a police officer or firefighter, including: (1) limiting the times at which a police officer or firefighter may be interrogated; (2) not allowing interrogation of a police officer or firefighter at his/her home; (3) specifying the individuals who may perform the investigation; and (4) limiting the way in which an interrogation of a police officer or firefighter may be conducted. H.B. 49 (Pena) – Synthetic Derivative of Marihuana: would make synthetic cannabinoids that are structurally and clinically similar to marihuana and their analogues and homologues subject to Penalty Group 2 of the Texas Controlled Substances Act. 13   H.B. 54 (Martinez Fischer) - Mental Health Transport: would, in specific border counties, create a prioritized list of persons a judge or magistrate may authorize to transport a person apprehended under an emergency detention order for mental health. The bill would require the judge or magistrate to consider four other options for transport before considering the use of police officers. H.B. 66 (Martinez) – Public Information: would provide that information a city receives from a state legislator or the lieutenant governor that is composed exclusively of communications between the state official and a resident of this state is confidential and may be disclosed by the city only if the state official elects to disclose the information. H.B. 68 (Martinez) – Personnel: would require a city employer who decides not to hire an applicant based on criminal history information to provide a written explanation of the reason for not hiring the applicant, including: (1) the specific incident that influenced the city employer’s hiring decision; and (2) the name of the entity from which the city received the criminal history information. H.B. 82 (Flynn) – Gambling: would make various changes to the Penal Code provisions relating to gambling devices such as “eight liners.” H.B. 87 (Cook) - Metal Recycling: would, among many new provisions regarding the sale of recyclable metals: (1) expand the definition of those "regulated materials" that a city may govern through ordinances regarding purchases by recyclers; (2) permit a city to require a fingerprint from a seller of regulated materials to a metal recycler; (c) require a seller of insulated regulated material which has been burned in whole or part to present documentation to the recycling entity from the fire department of a county, city, or other political subdivision that the material was salvaged from a fire in that political subdivision; and (d) create restrictions on payments for regulated materials brought for recycling and specifically prohibit a city from creating a more restrictive ordinance or policy regarding such payments. H.B. 91 (Cook) – Extraterritorial Jurisdiction: would: (1) expand the ETJ of a city with 25,000 to 49,999 inhabitants to three miles; (2) apportion the ETJ between two cities with overlapping ETJ as a result of the expansion but prohibit splitting small tracts of land under one ownership between two cities without the owner’s consent; and (3) prohibit the expansion into any area in the existing ETJ of another city. H.B. 93 (Cook) – Cell Phone Ban: would: (1) prohibit an operator from using a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle; (2) provide an affirmative defense to prosecution if the device is permanently installed in the vehicle, is used while stopped, is used for a phone call, is used with a hands-free device, or is used to report a suspicious or criminal activity to law enforcement; and (3) make an offense a misdemeanor or felony depending on certain factors. 14   H.B. 95 (Fletcher) – Property Tax: would provide a complete residence homestead property tax exemption for the surviving spouse of a totally disabled veteran who has not remarried since the death of the disabled veteran. (Note: please see H.J.R. 23, below.) H.B. 97 (Paxton) – Health Care: would prohibit a city, insurance provider, or other governmental agency from penalizing an individual for not accepting health insurance coverage. (Note: H.J.R. 24 by Paxton proposes a constitutional amendment that mirrors the language of this bill. Multiple other bills and joint resolutions have been filed regarding this issue.) H.B. 103 (Martinez Fischer) – Cell Phone Ban: would: (1) prohibit an operator from using a wireless communication device while operating a passenger bus with a minor on the bus except in case of emergency or if the bus is stopped; (2) prohibit an operator from using a wireless communication device to read, write, or send a text message while operating a motor vehicle unless the vehicle is stopped and make an offense punishable by fine of $2-$400 if the offense occurs while the vehicle is in a school crossing zone; and (3) except from the above prohibition an operator who is a peace officer or emergency response provider using the wireless device in connection with official duties. H.B. 105 (Brown) – Cell Phone Ban: would prohibit use of a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped, and make an offense a misdemeanor. H.B. 108 (Brown) – Synthetic Derivative of Marihuana: would make a synthetic derivative of marihuana, 1-pentyl-3-(1-naphthoyl) indole, subject to Penalty Group 2 of the Texas Controlled Substances Act. H.B. 111 (V. Taylor) –Elections: would implement the federal Military and Overseas Voter Empowerment Act by requiring the early voting clerk to make registration and absentee ballots available to overseas military voters in an election held in conjunction with an election involving a federal or statewide office. (Companion bill is S.B. 100 by Van de Putte, below.) H.B. 112 (Harless) – Elections: would: (1) require the voter registrar of each county and the secretary of state to provide notice of voter identification requirements and to educate voters about the requirements through certain programs by publishing notice on certain websites; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification; (3) provide that, if a voter does not present acceptable identification, the voter shall be accepted for provisional voting only; (4) modify the types of acceptable voter identification documents; (5) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter’s identity can be verified from the proof presented; and (6) provide that a provisional ballot may be accepted only if: (a) 15   the voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter submits a copy of the identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the sixth business day after the date of the election. H.B. 113 (Harless) – Immigration: would: (1) prohibit a city from adopting a policy under which the city’s police department or other city official would not fully enforce state or federal laws relating to immigration; (2) penalize a city that adopts such a policy by taking away state grant funds; (3) provide for a civil penalty in the amount of $10,000 per day to be sought by the attorney general against a city that violates (1), above; and (4) allow a citizen residing in a city that adopts such a policy or fails to enforce state or federal law to file a petition in a district court to compel compliance with this law. (Companion bill is S.B. 124 by Patrick.) H.B. 125 (Legler) – TCEQ Rulemakings: would require that any rule proposed by the Texas Commission on Environmental Quality (TCEQ) under the authority of the Texas Water Code include a draft impact analysis that, at a minimum, meets the requirements of an analysis required under the Texas Government Code for any major environmental rule, including an analysis of costs that the agency anticipates state agencies, local governments, the public, and the regulated community would experience after implementation of the rule. H.B. 138 (Callegari) – Eminent Domain: would provide that: 1. the term "blighted area" means an tract of real property that presents four or more of the following conditions for one year after a property owner receives notice of the condition: (a) the property contains uninhabitable, unsafe, or abandoned structures; (b) the property has inadequate provisions for sanitation; (c) there exists on the property an imminent harm to life or other property caused by fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe declared to be a disaster; (d) the property has been identified by the federal Environmental Protection Agency as a Superfund site or as environmentally contaminated to an extent that the property requires remedial investigation or a feasibility study; (e) the property has been the location of substantiated and repeated illegal activity of which the property owner knew or should have known; (f) the maintenance of the property is below county or municipal standards; (g) the property is abandoned and contains a structure that is not fit for its intended use because the utilities, sewerage, plumbing, heating, or a similar service or facility of the structure has been disconnected, destroyed, removed, or rendered ineffective; or (h) the property presents an economic liability to the immediate area because of deteriorating structures or hazardous conditions; 2. the current statutory provisions relating to urban renewal eminent domain apply only to a tract of blighted property (as opposed to "slum" areas); 16   3. a municipal governing body must determine that each unit of property (as opposed to an “area,” as is current law) be designated as blighted, and make corresponding procedural changes to urban renewal laws; 4. notwithstanding any other law, an area may not be considered a blighted area on the basis of a condition described in number (1) above unless the city has given notice in writing to the property owner regarding the imminent harm to life or other property caused by the condition of the property, and the property owner fails to take reasonable measures to remedy the harm caused by the property; 5. an area may not be considered blighted solely for aesthetic reasons; 6. the special commissioners in a condemnation hearing shall admit evidence on the injury to the property owner, including the financial damages associated with the cost of relocating from the condemned property, if the property was habitable, to another property that allows the property owner to have a standard of living comparable to the property owner's standard of living before the condemnation of the property; and 7. the provisions of the bill shall supercede broad eminent domain powers relative to tax increment financing. H.B. 159 (Raymond) – Texas Municipal Retirement System (TMRS): would require TMRS to change the way a reemployed member of TMRS is paid their retirement by requiring TMRS to pay an amount from the city accumulation fund to a member’s individual account if a reemployed member chooses to be paid through a basic annuity. H.B. 160 (Raymond) – Retaliatory Lawsuits: would: (1) govern certain suits filed by a person against a complainant who files a complaint with a governmental or quasi- governmental agency (a.k.a. Strategic Lawsuit Against Public Participation (SLAPP) suit); (2) allow a complainant to recover damages, including exemplary damages, from a person who files suit under the above provision in bad faith; (3) require a court or trier of fact to refer the matter to the district attorney or federal authorities if a person commits a criminal act in the course of the proceedings in a SLAPP suit; and (4) not create or authorize a cause of action against a governmental or quasi-governmental agency. H.B. 173 (Veasey) – Railroad Commission: would change the name of the Texas Railroad Commission to the Texas Oil and Gas Commission. H.B. 177 (Jackson, J) – Immigration: would require that cities and other licensing authorities who license or permit individuals to engage a business, occupation, or profession to ensure that the applicant is eligible for employment in the United States before issuing the license. H.B. 178 (Jackson) – Immigration: would require a city to: (1) participate in the federal government’s program for electronic verification of employee immigration status (“E-Verify”); and (2) immediately terminate an employee responsible for verifying the 17   immigration status of other employees if the verifying employee fails to participate in E- Verify. H.B. 179 (Alonzo) – Elections: would provide that a person who would be eligible to vote in an election, but who is not registered, shall be accepted for voting in the precinct of the person's residence if, on the day the person offers to vote, the person submits a voter registration application and presents proof of identification that establishes the person’s residence. H.B. 181 (S. Miller) – Sales Tax: would create an August sales tax holiday for guns and ammunition. H.B. 183 (Solomons) – Immigration: would provide that, not later than 48 hours after a person is arrested and before the person is released on bond, the law enforcement agency that arrested the person or that has custody of the person shall: (1) have the person's immigration status verified by a law enforcement officer who is authorized under federal law to verify a person's immigration status or a federal law enforcement officer; and (2) if United States Immigration and Customs Enforcement (ICE) does not have the results of the immigration status of the person, notify ICE if the person is not a citizen or national of the United States and is unlawfully present in the United States. H.B. 186 (Perry) – Elections: would: (1) require the voter registrar of each county and the secretary of state to provide notice of voter identification requirements and to educate voters about the requirements through certain programs by mailed notice and publishing notice on certain websites; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification; (3) provide that, if a voter does not present acceptable identification, the voter shall be accepted for provisional voting only; (4) modify the types of acceptable voter identification documents; (5) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter’s identity can be verified from the proof presented; and (6) provide that a provisional ballot may be accepted only if: (a) the voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter submits a copy of the identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the sixth business day after the date of the election. H.B. 188 (Sheffield) – Eminent Domain: would provide that a governmental or private entity may not take private property through the use of eminent domain if the taking is not necessary for a public use. H.B. 199 (Parker) – Sales Tax: would change the date of the sales tax holiday from the third weekend in August to the first weekend in August. 18   H.B. 204 (Pickett) – Transportation Reinvestment Zones: would amend the law relating to transportation reinvestment zones (TRZs) to provide that: (1) a TRZ may be used to facilitate the improvement, development, or redevelopment of property or to enhance a local entity's ability to sponsor a transportation project funded by pass-through tolls; (2) an ordinance designating an area as a TRZ must, among other things, designate the base year for purposes of establishing the tax increment base of the municipality and contain findings that promotion of the transportation project will cultivate the improvement, development, or redevelopment of the zone; (3) from taxes collected on property in a TRZ, the city shall pay into the tax increment account the tax increment produced by the city, less any amount allocated under previous agreements; (4) all, or the portion specified by the city, of the money deposited to a tax increment account must be used to fund the transportation project for which the TRZ was designated, and any remaining money deposited to the tax increment account may be used for other transportation projects or for improvements in the TRZ; (5) the governing body of a city may contract with a public or private entity to develop, redevelop, or improve a transportation project in a TRZ and may pledge and assign all or a specified amount of money in the tax increment account to that entity; (6) to accommodate changes in the scope of the project for which a TRZ was designated, the boundaries of a zone may be amended, with certain exceptions; and (7) county TRZ authority is expanded. H.B. 209 (Alonzo) – Library Computers: would require that a public library, that receives state or federal funding, with a service area of more than 50,000 residents shall provide computers with high-speed Internet access for use by the public. H.B. 210 (Alonzo) – Mandated Health Benefit: would: (1) require a health benefit carrier to allow an enrollee to choose a physician other than her primary care provider to receive a mammography; but (2) allow the health benefit carrier to have criteria for physicians and providers who provide these services. H.B. 215 (Gallego) – Law Enforcement: would: (1) require local law enforcement agencies that use live and photograph lineups to adopt a detailed written policy regarding lineup identification procedures; and (2) direct the Bill Blackwood Law Enforcement Management Institute of Texas to develop a model policy and associated training materials to assist law enforcement agencies with compliance. H.B. 219 (Gallego) – Law Enforcement: would: (1) require a law enforcement agency to, in many cases, make an electronic recording of a custodial interrogation; and (2) create guidelines for the creation, retention, and later use of the recording as evidence. (Companion bill is S.B. 123 by Ellis, below.) H.B. 221 (Fletcher) – Burglary of a Vehicle: would make burglary of a vehicle a state jail felony except in cases where the individual: (1) is younger 21 years of ager; (2) has 19   not been previously convicted of a class B misdemeanor or higher; and (3) submits a request for community supervision. H.B. 234 (Otto) – Property Tax: would provide that back taxes assessed on an improvement to real property do not incur interest if: (1) the property on which the improvement is located did not escape taxation in the year the improvement escaped taxation; (2) the appraisal district had actual or constructive notice of the presence of the improvement the year the improvement escaped taxation (constructive notice can be acquired if building permit is issued for an improvement); and (3) the property owner pays all back taxes on the improvement within 120 days of when the tax bill for back taxes on improvement is sent to property owner. H.B. 239 (Parker) – Elections: would provide that an individual commits a Class A misdemeanor if the individual compensates another person, or receives compensation, based on the number of voter registrations that the individual facilitates. H.B. 241 (Parker) – Property Tax: would repeal the requirement that interest is due on “rollback” taxes when land loses an agricultural appraisal. H.B. 243 (Craddick) – Cell Phone Ban: would prohibit an operator from using a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle, unless the vehicle is stopped, and would define text-based communication to include a text message, instant message, and electronic mail. H.B. 247 (Solomons) – Immigration: would: (1) prohibit a city from adopting a policy under which the city's police department or other city officials would not fully enforce state or federal laws relating to immigration; (2) allow the attorney general to file suit to compel a governmental entity to fully enforce immigration laws; and (3) allow the attorney general to recover reasonable expenses incurred enforcing this law. H.B. 248 (Chisum) – Elections: would: (1) require the voter registrar of each county and the secretary of state to provide notice of voter identification requirements and to educate voters about the requirements through certain programs by publishing notice on certain websites; (2) require a voter to present to an election officer at the polling place a voter registration certificate and an acceptable form of identification; (3) provide that, if a voter does not present acceptable identification, the voter shall be accepted for provisional voting only; (4) require an election officer to inform a voter not accepted for voting of rights to cast a provisional ballot and provide voter with written information regarding information; (5) require an election officer to distribute written notice of identification requirements to each voter who would present an insufficient form of identification(4) modify the types of acceptable voter identification documents; (5) provide that a voter who presents a voter registration certificate indicating that the voter is currently registered in the precinct, but whose name is not on the precinct list of registered voters, 20   shall be accepted for voting if the voter’s identity can be verified from the proof presented; and (6) provide that a provisional ballot may be accepted only if: (a) the voter presents acceptable proof of identification at the time the ballot is cast; or (b) the voter submits a copy of the identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the sixth day after the date of the election. (Companion bill is S.B. 178 by Fraser, below.) H.B. 278 (Alonzo) – Municipal Court: would require a municipal court to set a pre-trial hearing upon the request of either party and would require the court to hold the hearing not later than 30 days before the trial begins. H.J.R. 16 (Riddle) – Property Tax: would amend the Texas Constitution to permit the legislature to allow a county commissioners court to call a county-wide election to reduce the property tax appraisal cap for all taxing units in the county from ten percent to some percentage between three and ten. (Note: please see H.B. 23, above.) H.J.R. 17 (Guillen) – Property Tax: would amend the Texas Constitution to: (1) permit a city to adopt a tax freeze (ceiling on total taxes paid) on the homesteads of active duty military personnel; (2) provide that the military tax freeze may be adopted by action of the city council; (3) provide that the freeze may also be adopted by popular election, which must be called by the city council upon receipt of a petition of five percent of the registered voters of the city; and (4) permit the legislature to statutorily define eligibility for the military tax freeze. (Note: please see H.B. 26, above.) H.J.R. 23 (Fletcher) – Property Tax: would amend the Texas Constitution to permit the legislature to provide a complete residence homestead property tax exemption for the surviving spouse of a totally disabled veteran that has not remarried since the death of the disabled veteran. (Note: please see H.B. 95, above.) H.J.R. 26 (Legler) – Insurance Associations: would amend the Texas Constitution to prohibit the legislature from enacting a law that appropriates or diverts any part of the assets of an association established for the purpose of providing adequate windstorm, hail, and fire insurance in designated regions of the state, except for certain specified purposes. H.J.R. 36 (Raymond) – Sales Tax: would amend the Texas Constitution to provide that the legislature may not enact a general law that would impose a new, prospective state tax on the sale or use of: (1) food or a drink; (2) medicine; or (3) child-care service. S.B. 44 (Zaffirini) – Law Enforcement: would: (1) give a peace officer who takes a person into custody without a warrant because the officer believes the person is mentally ill and may harm himself the option of transporting the person to a medical or other facility that the local mental health authority deems suitable; (2) establish that a jail or 21   facility used to detain persons charged with crimes is not a facility suitable for a person believed to be mentally ill or held under a protective custody order unless other suitable facilities are unavailable or more than 75 miles away; (3) allow the detention of a person believed to be mentally ill or held under a protective order in a jail for no longer than 12 hours and require the officer responsible for the jail to document when the detention begins, how long it lasts, the reason for detention, and the time a representative of a local mental health authority arrives at the facility; (4) prohibit detaining a person believed to be mentally ill or person held under protective custody order with a person charged or convicted of a crime; and (5) allow restraint of a detained or committed patient only during apprehension, detention, or transport of the patient and require that the patient be able to sit in an upright position without undue difficulty. S.B. 46 (Zaffirini) – Cell Phone Ban: would prohibit the operator of a motor vehicle from using a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle, unless the vehicle is stopped, and would define text-based communication to include text messages, instant messages, and electronic mail. S.B. 52 (Zaffirini) – Sales Tax: would exempt college text books from sales taxes during two, two-week periods, one in August and one in January. S.B. 59 (Zaffirini) – Ethics: would: (1) permit, but not require, a city, an officeholder, or candidate for city office to use Texas Ethics Commission software and other resources to file certain campaign reports; and (2) permit the commission to assist local governments in adopting their own software for managing campaign disclosures. S.B. 61 (Zaffirini) – Juvenile Case Managers: would require the Texas Juvenile Probation Commission to create for juvenile case managers: (1) minimum training requirements; (2) minimum education requirements; and (3) an ethics code, all of which would be similar to current rules for juvenile probation officers. S.B. 64 (Zaffirini) – Employee Leave: would require an employer, including a city, to: (1) allow an employee paid leave to attend court proceedings related to the crime of which the employee was a victim; (2) not deduct such paid leave from the employee’s vacation time, compensatory time off, or personal leave, unless required by a collective bargaining agreement; and (3) not discriminate, suspend, or terminate an employee based on use of such paid leave. S.B. 84 (Nelson) – Immigration: would require a city to: (1) participate in the federal immigration verification program (“e-verify”); (2) verify that each new employee is eligible for employment; (3) terminate an employee who is responsible for e-verify if the employee fails to comply with the bill; and (4) verify that any city contractor participates in e-verify. 22   S.B. 86 (Nelson) – Traffic Fines: would authorize a general law city to enter into a contract with the county tax assessor-collector to provide information regarding the nonpayment of traffic fines or the failure to appear in municipal court for traffic offenses, thus authorizing the assessor-collector to refuse to register or re-register the vehicle of the person in question. S.B. 93 (Lucio) – Workers’ Compensation: would, among other things, provide that: (1) in a trial initiated by a workers’ compensation carrier, at the request of the claimant the court shall appoint an attorney to represent the claimant; and (2) the carrier is liable for the attorney's reasonable and necessary fees as determined by the trier of fact in the case. S.B. 100 (Van de Putte) – Elections: this bill is the same as H.B. 111, above. S.B. 103 (Davis) – Gas Wells/Wastewater Pipelines: would provide, among other things, that a gas well operator or similar entity is entitled to lay, maintain, and operate a wastewater pipeline in connection with well operations through, under, along, or across a controlled access state highway only if: (1) the pipeline complies with any safety regulations adopted by the Texas Railroad Commission and any applicable federal regulations; (2) the pipeline complies with all applicable state rules and all applicable federal regulations on the accommodation of utility facilities on the highway or right-of- way, including rules and regulations relating to the horizontal and vertical location of the pipeline; and (3) the highway and associated facilities are promptly restored to their former condition of usefulness after the installation or maintenance of the pipeline, as applicable, is complete. The bill also provides that a city, county, or the Texas Transportation Commission may require a well operator to relocate a facility at the cost of the operator to accommodate construction or expansion of a highway or for any other public work unless the operator has a property interest in the land occupied by the facility to be relocated. The bill may not be construed to limit the authority of a well operator to use a public right-of-way under any other law, and the bill may not be construed to affect the authority of a city to regulate the use of a public right-of-way under any other law or to require payment of any applicable franchise fee. S.B. 104 (Davis) - Natural Gas Release Prevention: would, for gas wells on the Barnett Shale: (1) create several requirements for natural gas wells to minimize the risk of release of gas and other associated vapors; (2) require the Texas Railroad Commission to implement rules to enforce those requirements; and (3) allow a city to create an ordinance to implement the requirements. S.B. 106 (Davis) – Gas Wells/Eminent Domain: would provide that: (1) a pipeline operator with eminent domain authority that wants to acquire an easement on real property owned by a city shall provide notice to the city of the city’s right to consent to 23   the pipeline placement or suggest a feasible alternative placement for the pipeline based on the city's consideration of several factors; (2) a city's proposal for alternative placement must not unreasonably prevent a pipeline operator from accomplishing the purpose for which the pipeline operator seeks to acquire the property; and (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, and the city may move that the court determine whether the suggested placement is reasonable. The bill would also provide that a city by ordinance may regulate the placement, inspection, and maintenance of and construction materials used for, the following items used by a gas pipeline operator: (1) gas pipelines used as gathering lines; (2) pumps; (3) compressors; (4) separators; (5) dehydration units; and (6) tank batteries. S.B. 107 (Davis) - Gas Distribution Leaks: would: (1) require a "prompt response" to any gas leak, gas odor, or damage to a city's gas distribution pipelines; (2) require, in response to a major leak, that a "person with training, experience, and knowledge in the field of leak classification and investigation" determine if the leak rises to the level of a Grade 1 leak; and (3) create requirements for operator response in case of a Grade 1 leak, including several enumerated on-site actions and biannual reporting of any such leaks. S.B. 119 (Uresti) – Cell Phone Ban: would prohibit an operator from using a wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped. S.B. 121 (Ellis) – Law Enforcement: would: (1) require a police department, with officers who conduct photograph or live lineup identification procedures in the routine performance of their duties, to adopt a detailed written model policy, or a policy that conforms to a model policy, regarding photograph and live lineup identification procedures; (2) require the Blackwood Law Enforcement Management Institute of Texas to develop the model policy and associated training materials; (3) require the model policy be based on certain research, policies, and guidelines and address specific topics; (4) require the Institute to conduct an annual review of the model policy and training materials; and (5) make evidence regarding compliance or noncompliance with the policy adopted by the police department relevant and admissible in a criminal case but not prohibit eyewitness testimony if substantial compliance with the policy is not achieved. S.B. 123 (Ellis) – Law Enforcement: would: (1) require a police department to make an audio or audiovisual electronic recording of custodial interrogations of persons suspected of or charged with certain offenses; (2) set out good cause reasons that make electronic recording infeasible; (3) require preservation of the electronic recording for a specified time; (4) require a prosecutor to provide a defendant with a copy of the recording; (5) exempt the electronic recording from release under the Texas Public Information Act except when it must be released under the law enforcement exception; and (6) make 24   evidence regarding compliance or noncompliance with the recording requirement relevant and admissible evidence before a trier of fact. S.B. 124 (Patrick) – Immigration: this bill is the same as H.B. 113, above. S.B. 126 (Patrick) – Immigration: would provide that: (1) a peace officer shall inquire into the lawful presence of any person who is lawfully stopped, detained, or arrested on other grounds if the officer has a reasonable suspicion to believe the person has violated a criminal provision of the federal immigration laws; (2) if a peace officer has probable cause to believe the person has committed a violation, the officer may arrest the person and shall identify and report the person to United States Immigration and Customs Enforcement after any arrest made; (3) a local ordinance, regulation, or policy that interferes with the ability of a peace officer to carry out a duty related to the bill is void; and (4) a governmental entity and a peace officer or other employee of the entity are immune from suit and liability for any cause of action, claim, or damages arising from the performance of an action authorized or a duty mandated under the bill. S.B. 129 (Patrick) – Property Tax: would reduce the property tax appraisal cap on homesteads from ten to five percent. (Note: please see S.J.R. 7, below.) S.B. 135 (Wentworth) – Transportation Funding: would provide that: (2) the state highway fund may no longer be used to finance with Texas Department of Public Safety; and (2) money in the state highway fund or loans from the state infrastructure bank may be used only to improve the state highway system. S.B. 136 (Wentworth) – County Development Authority: would: (1) grant counties additional authority over transportation planning through the subdivision process; and (2) in a subdivision that is not served by fire hydrants as part of a centralized water system certified by the Texas Commission on Environmental Quality as meeting minimum standards for water utility service, allow a commissioners court to require a developer to construct a limited fire suppression system for certain subdivisions. S.B. 137 (Wentworth) – County Development Authority: would provide that: (1) the commissioners court of a county may call an election to authorize certain land use regulations in the unincorporated area of the county; (2) if the election results are favorable, the commissioners court may regulate, by order, land development in the unincorporated area of the county by: (a) requiring a limited fire suppression system that necessitates a developer to construct a certain amount of water storage; (b) requiring a buffer zone between certain land uses and residential areas; and (c) requiring a developer, before the county approves a plat filed by the developer, to determine the need for and construct certain roadway improvements attributable and roughly proportionate to the subdivision’s impact, if necessary; (3) a county may not zone property; and (4) certain uses would be exempt from regulations adopted under the bill. 25   S.B. 138 (Wentworth) – Cell Phone Ban: would: (1) prohibit use of a wireless communication device while operating a motor vehicle; (2) provide an affirmative defense to prosecution if the device is used to make an emergency call to an emergency response service, a hospital, a fire department, a health clinic, a doctor’s office, an individual to administer first aid, or a law enforcement agency; (3) except from the prohibition an operator of an authorized emergency vehicle or a person licensed by the Federal Communications Commission to operate a radio frequency device or wireless communication device; and (4) repeal current requirements to post signs at school crossing zones regarding use of wireless communication devices. S.B. 154 (Huffman) – Fines: would require that fines relating to offenses arising out of the same criminal action run consecutively. S.B. 161 (Shapiro) – Transportation Funding: would provide that, among other things: (1) the Texas Transportation commission shall adopt rules creating funding formulas for highway projects that consider the input of planning organizations, transportation officials, and local government officials; and (2) the Texas Department of Transportation shall develop criteria to determine the feasibility of highway projects to be included in local transportation improvement plans and the statewide transportation improvement plan. S.B. 168 (West) – Felony Forfeiture: would permit a law enforcement agency to set aside up to ten percent of felony forfeiture funds for scholarships for the children of local officers killed in the line of duty. S.B. 172 (West) – Licensing/Dwellings: would prohibit a city from requiring an individual to acquire a license or permit issued by the city as a condition for occupying or leasing a dwelling. S.B. 173 (West) – Substandard Buildings: would provide that: (1) a city may bring a civil action in rem (against the property) for, among other things, the enforcement of a building standards ordinance (Note: the effect of an in rem action is a judgment against the structure as well as a judgment against the defendant, which can aid in enforcement against subsequent purchasers); (2) a home rule city may bring an action in district court against an owner of property that is not in substantial compliance with municipal ordinances regarding: (a) the materials or methods used to construct a building or other structure or improvement; (b) the preservation of public health or the fire safety of a building or other structure or improvement; (c) dangerously damaged or deteriorated structures or improvements; (d) conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; or (e) point source effluent; and (3) with some exceptions, a court may appoint as a receiver for substandard property a nonprofit organization or an individual with a demonstrated record of rehabilitating properties if the court makes certain findings. 26   S.B. 174 (Nichols) – Eminent Domain: would: (1) prohibit a state agency, political subdivision, or a corporation created by a governmental entity from taking private property through the use of eminent domain if the taking is for a recreational purpose, including a parks and recreation system or a specific park, greenbelt, or trail; and (2) provide that the determination by the entity proposing to take the property that the taking does not involve an act or circumstance prohibited by the bill does not create a presumption with respect to whether the taking involves that act or circumstance. S.B. 175 (Nichols) – Property Tax: would: (1) reduce the property tax appraisal cap on homesteads from ten percent to five percent; (2) authorize a county commissioners court to call an election to increase the homestead appraisal cap for all taxing jurisdictions in the county back to some percentage between six and ten; and (3) prohibit a subsequent election from occurring for ten years after such an election is held. (Note: please see S.J.R. 11, below.) S.B. 178 (Fraser) – Elections: this bill is the same as H.B. 248, above.) S.B. 180 (Estes) – Eminent Domain: would do the following: 1. provide that a governmental or private entity may not take private property through the use of eminent domain if the taking is not for a “public use.” 2. require a record vote with specific procedures and wording to take each parcel of land through the use of eminent domain. 3. require that any entity authorized to exercise the power of eminent domain must submit to the state comptroller, by December 31, 2012, a letter stating that the entity is authorized to exercise the power of eminent domain and identifying the provision or provisions of law that grant the entity that authority, and would provide that the entity’s authority to use eminent domain will expire if the letter is not sent by the deadline. 4. provide, among other things, that an entity with eminent domain authority that wants to acquire real property shall disclose to the property owner any and all appraisal reports produced or acquired by the entity relating specifically to the owner’s property and prepared in the 10 years preceding the offer. 5. provide that: (1) an entity seeking to acquire property may not include a confidentiality provision in an offer or agreement to acquire the property; and (2) the entity shall inform the owner of the property that the owner has the right to: (a) discuss any offer or agreement regarding the entity’s acquisition of the property with others; or (b) keep the offer or agreement confidential (subject to the requirements of the Texas Public Information Act). 6. require an entity with eminent domain authority that wants to acquire real property for a public use to make a bona fide offer to acquire the property from the property owner voluntarily, and list specific criteria that must be met to meet the bona fide offer requirement. 27   7. provide that a court that determines that a condemnor did not make a bona fide offer to acquire the property from the property owner voluntarily must abate the suit, order the condemnor to make a bona fide offer, and order the condemnor to pay costs and attorneys’ and other professionals’ fees. 8. provide that a condemnation petition must state with specificity the public use for which the entity intends to acquire the property and that the city made a bona fide offer to acquire the property voluntarily. 9. provide, among other things, that each party has a reasonable period to strike one of the three special commissioners appointed by the judge in the case, with the judge appointing a replacement. 10. provide that the special commissioners shall consider an injury or benefit that is peculiar to the property owner and that relates to the property owner’s ownership, use, or enjoyment of the particular parcel of real property, including a material impairment of direct access on or off the remaining property that affects the market value of the remaining property, but they may not consider an injury or benefit that the property owner experiences in common with the general community, including circuity of travel and diversion of traffic. 11. require a city, as a cost of acquiring real property, to: (a) provide a relocation advisory service for an individual, a family, a business concern, a farming or ranching operation, or a nonprofit organization that is compatible with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act; and (b) pay moving expenses and rental supplements, make relocation payments, provide financial assistance to acquire replacement housing, and compensate for expenses incidental to the transfer of the property if an individual, a family, the personal property of a business, a farming or ranching operation, or a nonprofit organization is displaced in connection with the acquisition. 12. provide that an entity that is not subject to the Public Information Act, such a gas pipeline operator, must disclose certain information relating to its use of eminent domain upon request. 13. modify the current provisions that allow a property owner to repurchase the property if it isn’t used by the condemnor within ten years of the date of acquisition. 14. provide that a city council may adopt a development plan for a public use project at a public hearing to toll the 10-year right to repurchase. 15. modify the standard for determination of the fair value of the state’s interest in access rights to a highway right-of-way to be the same legal standard that is applied by the Texas Transportation Commission according to the Texas Transportation Code, which may include the impairment of highway access to or from real property where the real property adjoins the highway. S.B. 181 (Shapiro) – Water Conservation: would require the Texas Water Development Board and Texas Commission on Environmental Quality to: (1) develop uniform methodology and guidance for calculating and reporting municipal water use and 28   conservation; (2) develop guidance for water utilities for using service populations (municipal, commercial, power, etc.) when developing per-capita based calculations; and (3) incorporate the new methodology and guidance into the water conservation plans required for new water rights permittees receiving more than 1000 acre-feet per year, retail public utilities with 3,300 connections or more, and applicants to the Texas Water Assistance Program. S.B. 201 (Uresti) – Property Tax: would establish a specific formula to calculate the tax due on a residence homestead of a totally disabled veteran when an individual terminates the exemption for one property and qualifies a different property for the exemption in the same year. S.B. 202 (Shapiro) – Fiscal Notes: would require the Legislative Budget Board to attach to the fiscal note of each bill that authorizes the spending or diversion of state funds: (1) a statement of the purposes of the bill; and (2) a set of reasonable benchmarks that measure whether the bill’s purposes have been achieved that are to be used by the board and legislature to review statutes that do not meet the requisite benchmarks. S.J.R. 7 (Patrick) – Property Tax: would amend the Texas Constitution to authorize the legislature to reduce the property tax appraisal cap on homesteads from ten to five percent. (Note: please see S.B. 129, above.) S.J.R. 8 (Wentworth) – Transportation Funding: would amend the Texas Constitution to provide that, subject to legislative allocation, appropriation, and direction, three fourths of the net revenue from the motor fuel tax shall be used for the sole purpose of constructing and maintaining public highways, and one-fourth of the net revenue shall be allocated to school funding. (Note: please see S.B. 135, above.) S.J.R. 11 (Nichols) – Property Tax: would amend the Texas Constitution to permit the legislature to: (1) reduce the property tax appraisal cap on homesteads from ten percent to five percent; and (2) authorize a county commissioners court to call an election to increase the homestead appraisal cap for all taxing jurisdictions in the county back to some percentage between six and ten. (Note: please see S.B. 175, above.)   TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. Tic 2CA g�-- w Derr ro p PCR Rp R.s., MEMORANDUM TO: North Texas Super Bowl XLV Host Committee (Via U.S. Mail) Council of Mayors FROM: Bill Lively DATE: November 16, 2010 SUBJECT: 80-Day Progress Report Dear Council Members: When the National Football League awarded Super Bowl XLV to North Texas in May of 2007, the game was more than 1.300 days away, Cowboys Stadium had not yet been constructed and the North Texas Super Bowl XLV Host Committee was yet to be appointed. On the dale of this publication, approximately 80 days remain before Super Bowl XLV, Cowboys Stadium is celebrating its second season of operation and the North Texas Super Bowl XLV Host Committee, the largest in Super Bowl history, is completing its third year of service having already accomplished more than any Host Committee in Super Bowl history. This document is the first in a series of final reports prepared exclusively for the Host Committee and its Action Teams and Councils, measuring the region's progress in preparing for Super Bowl XLV, the most important sports event in the world in 2011 and the most transfornative initiative in North Texas' history. For ease in reading, information is reviewed by category. Preamble Upon being awarded the bid to host Super Bowl XLV, the North Texas Super Bowl XLV Bid Committee transitioned into the region's first Host Committee chaired by Roger Staubach which over the next 18 months increased in size to include 300 North Texas business, civic. cultural, sports, education and religious leaders. From its inception, the Host Committee's goals were to provide regional representation in preparing North Texas to host its first Super Bowl and generate underwriting through sponsorships and subscription and ticket sales to fund the Host Committee's responsibilities. Leadership The strength of the North Texas Super Bowl XLV Host Committee and its standing committees, called Action Teams and Councils, has from the Committee's inception been its leadership. Roger Staubach has served as Chair of the Bid Committee, Host Committee and the Host Committee's Board of Directors. and in the process, devoted enormous time in leading the Committee and inspiring its success. Troy Aikman has been a very effective Vice Chair of the Host Committee and Chair of the Committee's Legends Action Team, Daryl Johnston's leadership of the Host Committee's SLANT 45 education program and die SLANT 45 Action Team has contributed to the success of the first education program of its kind in Super Bowl history and the largest service -learning program in America's history. The inventory on page two includes the other North Texas leaders who have devoted their time and talents to leading the Host Committee's Action Teams addressing responsibilities included in the bid to host Super Bowl XLV and the Host Committee's historic legacy programs. Action Team Chair Title Aviation Jeff Fegan CEO, DFW Airport Century in the Malting Brad Sham Voice of the Dallas Cowboys Communications Clarice Tinsley Anchor of FOX 4 News Community Outreach Drew Pearson Dallas Cowboys Legend Emerging Business Gina Puente CEO, Puente Enterprises, Inc. Emmitt Smith CEO, ESmith Legacy, Inc., Former Dallas Cowboy and Member of the Pro Football Hall of Fame Final Phase Sponsorship Charlotte Anderson Executive Vice President, Dallas Cowboys Finance Bob Estrada Chairman, Estrada Hincjosa & Company Founding Sponsorship Ross Perot, Jr. Chairman, Ilillwood Development Government Relations Dan Petty Retired President and CEO, North Central Texas Council of Governments Hospitality Jay Burress President, Arlington Convention & Visitors Bureau Kick -Off Concert Series Linda Cluck Gene Jones Laura Leppert Rosie Moncrief Marianne Staubaeh Legends Troy Aikman Fourier Dallas Cowboy, FOX NFL Analyst and Member of the Pro Football Hall of Fame On Location R. Beath Cheek Associate, Bell Nunnally Public Safety Dr. Theron Bowman Chief of Police, City of Arlington SLANT 45 Daryl Johnston Former Dallas Cowboy and FOX NFL Analyst Sponsorship Development Mike Berry President, Hillwood Properties George Killebrew Senior Vice President, Dallas Mavericks Transition Holly Reed Senior Vice President External Affairs, AT&T Transportation Michael Morris Director of Transportation, North Central Texas Council of Governments Council of Mayors Roger Staubach Executive Chairman, Americas, Jones Lang LaSalle and Member of the Pro Football Hall of Fame Council of State Senator Royce West State Senator, District 23 Legislators Senator Chris Harris State Senator, District 9 2 Progress Retort Revenue and Exuenses The Host Committee's original budget approximated $33.4 million, including all of the projected costs associated with the Committee's responsibilities, obligations and commitments in the bid to host Super Bowl XLV. On .January 13, 2010, the I -lost Committee's Board of Directors unanimously voted to increase the budget to $40.6 million to include revenue and expenses associated with the Host Committee's SLANT 45 education program, Kick -Off Concert Series and subsidies supporting Taste of the NFL. To date, the I -lost Committee has continued approximately $25 million in cash and in -kind sponsorships and subscriptions and ticket sales. The Committee has approximately $2.8 million in remaining assets to be sold through its sponsorships at various price thresholds, including suites and game day tickets in Cowboys Stadium for Super Bowl XLV. In March of 2010. the Texas state comptroller affirmed that the Host Committee and the cities of Arlington, Dallas, Fort Worth and Irving qualified to receive grants from the state's Major Events Trust Fund totaling in the aggregate up to $31.1 million. Of this amount, the I -lost Committee qualified for grants totaling approximately $26.8 million. For the last several months the Committee has been in discussions with representatives of the four jurisdictions aff ri ring the public safety costs each is expected to incur as a result of the Super Bowl and for which each will be reimbursed from the Trust Fund. These discussions will result in the execution of joinder agreements by the end of 2010 among the Host Committee and the jurisdictions qualifying all parties for reimbursements from the fund. The Host Committee has identified seven line items in its macro budget with the potential for reductions through negotiations with the NFL and others nearer the Super Bowl. In total, these reductions if realized, could reduce the Committee's budget up to $2 million. However, negotiations with the National Football League and others for budget reduction purposes cannot begin until early in 2011. With this understanding, at the November 15, 2010 meeting of the 1-lost Committee's Board of Directors, the Committee's Finance Action Team reported that conflrmed cash and in -kind sponsorships and subscription and ticket sales, in combination with grants the Committee has been qualified to receive from the state's Major Events Trust Fund are expected to provide the funding required to enable the Host Committee to meet all of its financial obligations and commitments included in the bid to host Super Bowl XLV and underwrite the Committee's historic legacy programs. Public Safeh, For more than two years the Host Committee's Public Safety Action Team chaired by Dr. Theron Bowman, Chief of Police of the City of Arlington, has been collaborating with police and fire authorities and agencies throughout the region to develop a North Texas Public Safety Action Plan designed to provide protection for the region's residents and visitors on Super Bowl Sunday and during the days preceding and following the game. The plan affinns the number of police, fire and safely personnel required to accommodate each venue throughout the region hosting a Super Bowl event or function and addresses the region's transportation arteries, including toll roads, highways, streets and roads during the week preceding the Super Bowl, on Super Bowl Sunday and the day following the game. In the next several weeks, the Public Safety Action Team will begin to interface with representatives of Homeland Security and the FBI to coordinate command, finalize personnel needs, aff rm schedules and make certain that public safety is a hallmark of the region's planning for its first Super Bowl. Aviation For almost three years the I -lost Committee's Aviation Action Team chaired by Jeff Fegan, CEO of DFW International Airport and comprised of representatives of all 14 of the region's public and private airports, has been developing a comprehensive Aviation Action Plan designed to address the volume of commercial and private aircraft expected in the region for the Super Bowl. The Team's regional aviation master plan will help manage an estimated 150,000 visitors who will fly to North Texas by commercial aircraft, most of whom will land at and depart from DPW International Airport and an additional 700 private aircraft that must be accommodated by DFW and other airports. In developing its regional aviation master plan, the Action Team reviewed aviation plans developed by representatives of airports that previously hosted Super Bowls to learn of their challenges and successes. Volunteer Services The Host Committee's Volunteer Services Action Team chaired by Tony Dorsett, former Dallas Cowboy and a member of the Pro Football Hall of Fame, has successfully recruited 10,154 North Texans to serve as volunteers for Super Bowl XLV. All of the volunteers will be cleared by the NFL through an FBI security check and all will begin their service in the weeks preceding the Super Bowl serving as ambassadors at the region's airports welcoming visitors to North Texas, staffing concierge desks at North Texas hotels welcoming travelers and providing way -finding information, staffing the NFL Experience during its production in the Dallas Convention Center from .January 27 through the Super Bowl and supporting the Host Committee's myriad events and activities during the days preceding the game. Allstate is the Presenting Sponsor of Super Bowl XLV's Volunteer Services Program. Emerging Business Program Emniitt Smith, former Dallas Cowboy and a member of the Pro Football Hall of Fame and Gina Puente, CEO Puente Enterprises, are Co -Chairs of the Host Committee's Emerging Business Action Team. Texas Instruments is the Presenting Sponsor of Super Bowl XLV's Emerging Business Program which the NFL has confirmed is already the most successful program of its kind in Super Bowl history. More than 3,000 North Texas minority- and women -owned businesses participated in the I -lost Committee's Emerging Business Workshops during the past 12 months which were presented in Fort Worth, Dallas and Arlington and 1,000 emerging businesses qualified for inclusion in Super Bowl XLV's Emerging Business Resource Guide. The NFL and its sponsors, affiliates and agencies will utilize the guide to award contracts to North Texas' minority- and women -owned businesses to provide various kinds of Super Bowl products and services. SLANT 45 The Host Committee's Service Learning Adventures in North Texas, or SLANT 45 initiative, is the first education program ever established by a Host Committee to operate in conjunction with the Super Bowl. Former United States President George W. Bush and Mrs. Laura Bush are SLANT 45's Honorary Chairs and former Dallas Cowboy and FOX Sports Analyst Daryl .Johnston is Chair of the SLANT 45 Action Team. SLANT 45's original goals were to involve 20,000 North Texas elementary school children in 45,000 hours of community service projects throughout the region. On the date of this report, more than 35,000 North Texas children are participating in SLANT 45, representing 30 school districts, 15 private schools and 51 cities performing more than 400,000 hours of community service projects. SLANT 45 will, without question, be one of the great legacies of the region's first Super Bowl and provide the NFL with a model of an education program that can be emulated by future regions and cities hosting the Super Bowl. NFL Youth Education Town Through the generosity of the Gene and .ferry .tones Family Arlington Youth Foundation and the National Football League, the Host Committee has confirmed $2 million in grants to establish the region's first NFL Youth Education Town (NFL YET) to be located in a neighborhood in Arlington in which the authorities have affirmed more than 2,000 at risk children live, 600 of which are homeless. The NFL YET will be a safe -haven for children before and after school providing educational services, computer training, ntentoring and sports and recreation. The region's first NFL YET will be owned, operated and managed by The Salvation Army DPW Metroplex Command. Emmitt Smith, former Dallas Cowboy and member of the Pro Football Hall of Fame, is chairing the NFL YET's Regional Board of Advisors that will be announced at an NFL YET news conference to be held on location at The Salvation Army's facilities in Arlington during Super Bowl week. Century in tile Dlakine Campaign In February of 2010. the I -lost Committee launched its Century in the Making Campaign at the 2010 Fort Worth Stock Show & Rodeo. The campaign was created to generate interest in the region's first Super Bowl and build momentum in anticipation of the game by providing North Texans and others online around the world, with the opportunity to vote on the Top 100 Football Moments in the region's history. Over a several month period, more than 750,000 individuals voted on North Texas' most important football moments, including great high school, college and professional football, players, coaches and games. The results of the campaign's balloting were announced in increments of20 over a five day period in events produced in the I -lost Committee's Century in the Making Pavilion at the 2010 State Fair of Texas featuring former Texas high school, college and professional football players and coaches, including Roger Staubach, Tony Dorsett and Earl Campbell to name but a few. The Century in the Making Campaign was the first project of its kind in the history of the Super Bowl and the region and provided the opportunity for thousands of North Texans and others to celebrate the region's rich football history and the build-up to Super Bowl XLV. Kiek-Off Concert Series The Host Committee's Kick -Off Concert Series was the first Series of its kind in the history of a Super Bowl Host Committee and North Texas. The Series was supported by an Action Team comprised of 116 women, representing 16 North Texas cities and included main -stage productions in three of the region's world -class venues. Tile Series was inaugurated on March 6, 2010, before a capacity audience in Fort Worth's Bass Performance Hall, featuring country artist Faith Hill and emcees Troy Aiknnan and Joe Buck, FOX NFL broadcasters. The Series' second production was also presented before a capacity audience in Dallas' AT&T Performing Arts Center's Winspear Opera House on May 227 2010, featuring international icon, Sting. Tile concert's emcees included Roger Staubach, Troy Aikman, Daryl Johnston, Tony Dorsett and Drew Pearson. The Series' grand finale production was presented on September 10, 2010. in Cowboys Stadium before an audience of 37.000, the capacity of the venue as formatted for a concert. The production began with Van Cliburn's performance of the National Andrem, followed by a series of videos produced exclusively for the production by NFL Films highlighting the Dallas Cowboys five Super Bowl championships with a live soundtrack performed by the 102-member University of North Texas Symphony Orchestra. Country artist. Tim McGraw, was the production's headliner performer. Celebrities participating in the concert included Roger Staubach. Emmitt Smith, Jerry .Jones and a host ol'other former Dallas Cowboys who played on the Cowboys five Super Bowl Championship Teams. The Kick -Off Concert Series was the cornerstone of the Host Committee's unprecedented 12 month build-up to the region's first Super Bowl and provided the opportunity for hundreds of North Texans to serve in volunteer capacities supporting important Super Bowl events, generated public awareness about the region's first Super Bowl, and through the Series' grand finale concert, provided thousands of North Texans with the opportunity to attend a very special event in Cowboys Stadium and enjoy a glimpse of the pageantry and excitement of the Super Bowl. Net revenue generated by the Concert Series is being dedicated to support SLANT 45, Conclusion At a meeting of the Host Committee's Board of Directors on November 15. 2010. Frank Supovitz, the NFL's Senior Vice President of Events and the League's executive responsible for managing the production of the Super Bowl, reported that from the NFL's perspective, North Texas has performed brilliantly in preparing to host the region's first Super Bowl. Hundreds of North Texas leaders have been involved in the process of developing strategic action plans to address responsibilities ranging from public safety, aviation and transportation to volunteer recruitment and management and education. Sponsorships have been confirmed from companies, organizations and families throughout North Texas generating millions of dollars supporting North Texas' commitments to the League to host Super Bowl XLV and underwriting the most remarkable Super Bowl legacy programs in NFL history. In essence, from the NFL's perspective, North Texas has already proven its capacity to plan and host an event of the complexity and size of the Super Bowl. With less than three months remaining before Super Bowl XLV, the Host Committee and its Action Teams and Councils will continue collaborations with North Texas companies, jurisdictions, organizations, education institutions and individuals to complete final preparations for Super Bowl XLV building on the sound foundation the region has already established. In the process, the Host Committee and the region will be thoroughly prepared to host Super Bond XLV and posture North Texas to submit a bid in 2012 to host Super Bowl L in North Texas in 2016. Next Progress Report The next in this series of final Host Committee progress reports will be produced and distributed to the I -lost Committee and its Action Teams and Councils in early January 2011, approximately a month in advance of the Super Bowl. Should you have any questions about the contents of this report or the mission and work of the Host Committee, I invite you to contact me at your convenience at my office at 214-252-5103 or by e-mail at bill.lively iI)northtexassuperbowl.com. Bill Lively e: Roger Staubach, Chair Troy Aikman, Vice Chair Bryan W haw. Ph.D., Chairm an Budd y Ca rcia, C{)mmissio ner Ca rlos Hub ins le i n. Com miss ioner Mar k H. Vickery . P.G., Execu tillc Directo r TEXAS COMMISSION ON ENVIRONMENTAL Q ALiTY Protecting Texas by Reducing and Preventing Pollution November 24. 20 I 0 To OUt' panners in local government: We are pleased to announce pub lic ation l f our B iennial Reporltv the 8217d Legislature. This report highlight s alJ'enc), program s and initiatives dealing ,vith air qll<l li l). \-\ater qu ality. and \.\'aslc m an agement. Env ironme nt al protect ion is something the Texas Commiss ion on . nvironmental Quality cannot d alone. and we acknow l edge the vital importance 0[' citie s. coun Li es. and individual e. ans in prate t ing hu man heal th and the StLlle'S nat ur al resources . T h re port is available on our website at www .tceq .state .tx .lIs/got o/lcgrpt. lfyou would like to order a print copy of this re por t or any other age ncy report. p lease contact us: Ph one: 512 -239-0028; Fax: 5 12-23 l -4 488; o r E-ma il: pu borde r@tceq.statc.tx.lIs Mail: Publication, Me 195 TCEQ P.O. Box 13087 Austin TX 78 7 11 -3087 We appr eciate our interest in and support for the work of the Commission. Re:,pe~t 'ull , Bryan W. Shaw. Ph.D. Chailman P.O. Bn x 130 87 Au st in, Texas 787 11-3087 512-239 -J 000 Int ernel add re ss: www .tccq .state .t\(.u s eopL� 0*1 C; No MORANDUM To: :e Slye, Town M^an�ager Date: November 22, 2010 From: Chief Kniffen /,i''a Re: Use of Force Analysis In 2007, Chapter 31 of the Police General Manual was amended and now requires the Chief of Police to conduct an analysis of use -of force incidents to be made available to the public and to determine if additional training is necessary. With the policy change in 2007, officers were required to report any use of force beyond standard handcuffing techniques, including threats of force. A standardized report was produced entitled the "Subject Resistance Form." Accordingly, the analysis presented here will only cover FY 2009-10 Between 10/1/2009 and 9/30/2010, officers reported nine (9) use of force incidents out of 19,305 logged calls for service (includes Close Patrols). The events were reported as follows: 11/19/2009 Male — DOB 12/28/1964 — Felony Warrant Service — Subject stopped and detained at gunpoint — Subject complied without incident— no injuries reported — two officers involved. 12/05/2009 Male —DOB 03/16/1961 — Traffic stop —Subject stopped, was flailing his arms while in the vehicle and drove away before officer could contact him. Stopped a second time and exited his vehicle in aggressive manner. Subject detained at gunpoint and complied with direction. Subject distraught over medical issue with relative and FD dispatched to location by officer. Subject released without arrest. — no injuries reported — one officer involved. 12/24/2009 Male — DOB 09/25/1965 — Gunshot wound — Subject was ex -convict with history of threats toward officers — subjects girlfriend reported that he was the victim of self- inflicted gunshot wound. Multiple officers responded from other agencies and contact was made with persons at residence. All officers displayed firearms. No firearms were found at the residence and subject was not injured. — no injuries reported — two TC officers involved. 1/19/2010 Male —DOB O8/19/2002 —Elementary school official advised student was uncontrollable and had left the building — student located and had aimed himself with broken scissors. Student was contacted by officer who tallied student into surrendering scissors. School official restrained student who was cursing and spitting. Officer assisted school official in carrying student into school building where he calmed down without having to be further restrained. — no injuries reported — one officer involved. 3/19/2010 Female — DOB 11/29/1955 — Person with gun — Officers responded to call and detained the subject, who was holding a loaded firearm, until she put it on the ground. Subject arrested without further incident —no injuries reported— two officers involved. 7/27/2010 Five (5) male subjects — Suspicious Persons — Subjects found at construction site a 2:36 AM — detained at gunpoint. It was determined that they had permission of construction company to stay at site to protect the building materials. All subjects were released without incident.- no injuries reported— two officers responded. O8/08/2019 Male — DOB 03/07/1982 — Family Violence — Emotionally Disturbed Person - Subject had assaulted family member and refused to submit to handcuffing. Subject resisted handcuffing and officers used joint manipulation and pressure points to ensure compliance. Subject then had to be carried to police vehicle where subject licked interior of vehicle until restrained with leg restraints.- no injuries reported — two officers involved. 8/17/2010 Male — DOB 12/25/1990 — Off duty incident at officers apartment complex — Intoxicated subject trespassing on property — officer working as courtesy officer approached and identified himself due to subjects vulgar language and directed him to leave. Subject refused and began attempting to damage property. Subject was again ordered to leave and approached officer with fists clinched. Subject was physically detained using open hand techniques and continued to resist until another off duty officer (not TCPD) came to assist. Subject arrested and transported by Denton PD — no injuries reported — one TC officer involved. O8/24/2010 Male — DOB 04/O1/1950 — Report of suspicious person, possibly armed — Subject was reported to be naked, attempting to open neighbors front door, calling for help. Officer displayed his firearm and the subject was recognized by officer - Subject was shirtless and had minor injuries — reported by have been received by interaction with his son. — Subject was handcuffed and transported by TC EMS. — injuries reported all occurred prior to officers arrival —one officer involved. There was a slight decrease in uses of force from FY 2008-09 to FY 2009-10 and the number of calls for service resulting in uses of force remains extremely small. In this past FY there were no significant injuries reported to either subjects or officers. While six (6) out of nine (9) events resulted in officers displaying a firearm to gain compliance, all of these events were or could have been felonies or serious misdemeanors in progress. One (1) of the nine (9) was a disruptive student requiring open hands techniques. Two (2) involved intoxicated subjects and three (3) were emotionally disturbed persons. Given the nature of most of the events resulting in force, it is my opinion that in four (4) of the nine (9) events, the TASER would have given officers an option which might have prevented a physical interaction. It is imperative that this option be provided as soon as possible. I do not believe that additional training is necessary at this time, beyond the required updates. VETERANS OF FOREIGN WARS of the UNITED STATES OF AMERICA VFW POST 5074 November 15, 2010 Dear Mayor White and the City of Trophy Club Please know that the Veterans of Foreign Wars Post 5074 is very grateful for the attendance of your representatives from Trophy Club at the recent Veterans Day celebration at the Veterans Memorial in Roanoke. It was our pleasure to have Council members Bill Rose and Margi Cantrell as well as Bob Fair of "Americans Supporting Americans." Our membership represents many of the surrounding areas including Trophy Club. We look forward to working together as we continue to honor our Veterans and support our communities. Please call upon us if we can be of service to the Trophy Club community. Bob Fair indicated that he would be in further contact with us. Sincerely, �7 Jim Benotti VFW Post 5074 Commander www.vfwpost5074.com 817-374-2980 705 N. Oak, Roanoke, TX 76262 Phone 817-491-1113 Fax 817-491-1772