Agenda Packet TC 05/02/2011Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, May 2, 2011
Call to order and announce a quorum.
REGULAR SESSION
EXECUTIVE SESSION - 6:00 P.M.
1.2011-219-T Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel
Matters," the Council will enter into Executive Session to deliberate the appointment,
employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer
or employee relating to:
A. The annual evaluation of Town Manager Mike Slye
RECONVENE INTO REGULAR SESSION
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one
and indivisible."
2.2011-220-T Consider and take appropriate action regarding the Executive Session.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
PROCLAMATIONS
Town Council 1 of 206 Meeting Date: May 2, 2011
May 2, 2011Town Council Meeting Agenda
3.2011-222-T Consider and take appropriate action regarding a Proclamation declaring May 15 - May
21, 2011 as National EMS Week 2011 with May 18, 2011 set aside as Emergency
Medical Services for Children (EMSC) Day.
PRO 2011-06 Emergency Medical Services Week.pdfAttachments:
4.2011-223-T Consider and take appropriate action regarding a Proclamation declaring May 15 - May
21, 2011 as National Police Week.
PRO 2011-07 National Police Week.pdfAttachments:
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
5.2011-163-T Consider and take appropriate action regarding the Minutes dated March 21, 2011.
March 21 2011 Minutes.pdfAttachments:
6.2011-192-T Consider and take appropriate action regarding the Minutes dated March 29, 2011
(Regional Joint Council Workshop).
March 29, 2011 Regional Joint Council Workshop.pdfAttachments:
7.2011-231-T Consider and take appropriate action regarding an Ordinance amending Article 16
entitled "Citizens Financial Advisory Board" of Chapter 1 entitled "Administration" of the
Code of Ordinances to further clarify the duties of the CFAB; and providing an effective
date.
ORD 2011-16 CFAB Amendment.pdfAttachments:
PUBLIC HEARING
8.2011-183-T Public Hearing to consider a request for approval of a Specific Use Permit for a
restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001
Highway 114, Suite 190, for the sale of mixed beverages by a food and beverage
certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc.
Staff Report - TC.pdf
Application.pdf
Fish & Knife Alcohol Service Policy.pdf
Public Hearing Notice - Newspaper.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
Attachments:
Town Council 2 of 206 Meeting Date: May 2, 2011
May 2, 2011Town Council Meeting Agenda
9.2011-187-T Public Hearing to consider a request for approval of a revised Site Plan and Landscape
Plan for Northwest Independent School District's Byron Nelson High School to expand
the parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD.
SP-11-014
Staff Report - TC- Byron Nelson HS.pdf
NISD Written Acknowledgment.pdf
Newspaper Public Hearing Notice.pdf
Attachments:
10.2011-213-T Public Hearing to consider an Ordinance amending Article 3 "Establishment of Districts"
and Article 5 "Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or
Ordinances to provide regulations for the sale of alcohol for off-premises consumption
in the Town of Trophy Club; providing a penalty not to exceed Two Thousand Dollars
for each violation; and providing an effective date.
Staff Report - TC 050211 - Liquor Store.pdf
ORD 2011-17 PZ.pdf
Commercial_Properties_Map.pdf
Attachments:
RECONVENE INTO REGULAR SESSION
11.2011-184-T Consider and take appropriate action regarding a request for approval of a Specific Use
Permit for a restaurant, located in Planned Development No. 13 - Village Shopping
Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food and
beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen
Enterprise, Inc.
12.2011-188-T Consider and take appropriate action regarding a request for approval of a revised Site
Plan and Landscape Plan for Northwest Independent School District's Byron Nelson
High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf
of Northwest ISD. SP-11-014
13.2011-214-T Consider and take appropriate action regarding an Ordinance amending Article 3
"Establishment of Districts" and Article 5 "Sale of Alcoholic Beverages" of Chapter 13
"Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for
off-premises consumption in the Town of Trophy Club; providing a penalty not to
exceed Two Thousand Dollars for each violation; and providing an effective date.
14.2011-211-T Consider and take appropriate action regarding an Ordinance amending Article XV
"Swimming Pools" of Chapter 3 "Buildings and Construction" of the Code of Ordinances
relative to the draining of swimming pools; providing for a penalty not to exceed two
thousand dollars for each violation; and providing an effective date.
txr040000.pdf
Minutes from 2008.pdf
ORD 2011-18 (Option A).pdf
ORD 2011-18 (Option B).pdf
Attachments:
Town Council 3 of 206 Meeting Date: May 2, 2011
May 2, 2011Town Council Meeting Agenda
15.2011-210-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to
the Boards and Commissions; providing for the appointments of citizen volunteers to
serve on the Citizens Financial Advisory Board and the Ethics Commission; designating
terms of service; and providing an effective date.
CFAB Applicants.pdf
Ethics Applications.pdf
RES 2011-08 Amending 2010-22.pdf
Attachments:
16.2011-224-T Consider and take appropriate action regarding a Resolution ratifying the Trophy Club
Reserve Police Force Program and the appointment of the Reserve Force by the Chief
of Police; and providing an effective date.
Reserve Ratification Memo.pdf
RES 2011-11 Reserve Ratification.pdf
Attachments:
17.2011-227-T Town Manager Slye's update regarding the following; discussion of the same.
- Independence Park East Landscape Plan Update
- Roundabout Funding Update
- Finance Director Position Update
- TML IEBP Conference, May 11 - 14, 2011
18.2011-226-T Town Council Liaison Updates; discussion of same:
- April 19, 2011 TCMUD No. 1 Meeting - Mayor Pro Tem Rose
- April 25, 2011 EDC 4A Meeting - Council member Cantrell
19.2011-228-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- Metroport Cities Partnership Meeting - April 21, 2011
- Bubbles of Love - April 25, 2011
- North Texas Commission - April 26, 2011
- Arbor Day Celebration - April 30, 2011
20.2011-229-T Items for Future Agendas.
Future Agenda Items List.pdfAttachments:
This item allows Council to request the placement of items on upcoming agendas when
the topic of discussion requires research and review that cannot be accomplished in the
time frame between regular Council meetings. However, a Council Member may
request that an item be placed on the next regularly scheduled meeting without first
placing that item on the Future Agenda Items list. All requests for agenda items must
comply with Charter requirements.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council 4 of 206 Meeting Date: May 2, 2011
May 2, 2011Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, April 29, 2011 by 5:00
P.M. in accordance with Chapter 551, Texas Government Code.
_______________________________
Shannon DePrater, Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2011.
________________________________, Title: ___________________________
Town Council 5 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-219-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the
Council will enter into Executive Session to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee relating to:
A. The annual evaluation of Town Manager Mike Slye
Attachments:
Action ByDate Action ResultVer.
TITLE
Pursuant to Texas Government Code, Annotated, Section 551.074(a)(1) "Personnel Matters," the Council will enter into
Executive Session to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee relating to:
A. The annual evaluation of Town Manager Mike Slye
Town Council 6 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-220-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Executive Session.
Town Council 7 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-222-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding a Proclamation declaring May 15 - May 21, 2011 as
National EMS Week 2011 with May 18, 2011 set aside as Emergency Medical Services for Children
(EMSC) Day.
Attachments:PRO 2011-06 Emergency Medical Services Week.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Proclamation declaring May 15 - May 21, 2011 as National EMS Week
2011 with May 18, 2011 set aside as Emergency Medical Services for Children (EMSC) Day.
Town Council 8 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO 2011- 06
MAY 15 - 21, 2011 Emergency Medical Services Week
WHEREAS, emergency medical services is a vital public service; and
WHEREAS, the members of emergency medical services teams are ready to
provide lifesaving care to those in need 24 hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival
and recovery rate of those who experience sudden illness or injury; and
WHEREAS, the emergency medical services system consists of emergency
physicians, emergency nurses, emergency medical technicians, paramedics,
firefighters, educators, administrators and others; and
WHEREAS, the members of emergency medical services teams, whether career
or volunteer, engage in thousands of hours of specialized training and continuing
education to enhance their lifesaving skills; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of
emergency medical services providers by designating Emergency Medical Services
Week; now
THEREFORE, I Connie White, Mayor of the Town of Trophy Club, Texas, in
recognition of this event do hereby proclaim the week of May 15-21, 2011, as
EMERGENCY MEDICAL SERVICES WEEK
with May 18, 2011 set aside as EMERGENCY MEDICAL SERVICES FOR
CHILDREN (EMSC) DAY.
With the theme, EMS: Everyday Heroes, I encourage the community to observe
this week with appropriate programs, ceremonies and activities.
PROCLAIMED by the Town Council of the Town of Trophy Club, Texas this 2nd
day of May, 2011.
_______________________________ ________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 9 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-223-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding a Proclamation declaring May 15 - May 21, 2011 as
National Police Week.
Attachments:PRO 2011-07 National Police Week.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Proclamation declaring May 15 - May 21, 2011 as National Police
Week.
Town Council 10 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2011-07
May 15-21, 2011 as National Police Week
WHEREAS, The Congress and President of the United States have designated
May 15 – 21, 2011 as National Police week; and
WHEREAS, the members of the law enforcement agency of the Town of Trophy
Club, Texas play an essential role in safeguarding the rights and freedoms of Town of
Trophy Club, Texas; and
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards, and sacrifices of their law enforcement agency, and that
members of our law enforcement agency recognize their duty to serve the people by
safeguarding life and property, by protecting them against violence and disorder, and by
protecting the innocent against deception and the weak against oppression; and
WHEREAS, the members of the law enforcement agency of Town of Trophy
Club, Texas unceasingly provide a vital public service;
NOW, THEREFORE, I, MAYOR CONNIE WHITE, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM and call upon all citizens of Town of Trophy Club, Texas and upon all
patriotic, civic and educational organizations to observe the week of May 15 – 21, 2011,
as
National Police Week
with appropriate ceremonies and observances in which all of our people may join in
commemorating law enforcement officers, past and present, who, by their faithful and
loyal devotion to their responsibilities, have rendered a dedicated service to their
communities and, in so doing, have established for themselves an enviable and
enduring reputation for preserving the rights and security of all citizens.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this 2nd day of May 2011.
_______________________________ ________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 11 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-163-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/28/2011 Town Council
On agenda:Final action:4/4/2011
Title:Consider and take appropriate action regarding the Minutes dated March 21, 2011.
Attachments:March 21 2011 Minutes.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated March 21, 2011.
NOTE
The minutes state presentations are included in the minutes. This packet does not include the presentations; the
presentations will be included in the permanent minute file when posted online.
Town Council 12 of 206 Meeting Date: May 2, 2011
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 21, 2011 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 21,
2011. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Margi Cantrell Council Member
Larry Hoover Council Member
JD Stotts Council Member
Glenn Strother Council Member arrived at 6:06 p.m.
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Danny Thomas Fire Chief
Michael Aguilera Interim Finance Director
Carolyn Huggins Community Development Director
Adam Adams Parks & Recreation Director
April Reiling PIO / Marketing Manager
Chris King Building Inspector
Mayor White announced the date of March 21, 2011; called the workshop to order and announced a
quorum at 6:02 p.m.
Council member Strother arrived at 6:06 p.m.
WORKSHOP SESSION - 6:00 P.M.
1. PID Disbursement Presentation and Council Question and Answer Session.
Mitch Mosesman, representative of the Town's PID Administrator, David Taussig and Associates,
presented the PID Disbursement Review. Julie Partain, Bond Counsel from Vinson and Elkins, was in
attendance and responded to questions. Details regarding budgeted items paid with PID funds are
outlined in the presentation. Mosesman clarified that there are funds in the budget to pay for the
remaining costs attributable to the PID. Overruns on PID projects were covered by contingency and
interest earnings from bond proceeds on the unspent project funds. The projects remaining for
completion are the water tower and roundabout. There also appears to be $270,738 remaining in the
budget for park improvements, and staff is in the process of reviewing that budget to determine how much
of those funds are available for continued use on park improvements given some outstanding invoices.
The review showed that not all procedures for tracking of the funds were followed, but PID funds are
currently available for the construction of the remaining projects required by the PID agreement.
Town Council 13 of 206 Meeting Date: May 2, 2011
Julie Partain stated that based upon the review by Mitch Mosesman, she is comfortable that the bond
proceeds were expended on properly approved PID projects and therefore compliant with state law.
Presentation included in the minutes.
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda
for March 21, 2011.
CONVENE INTO REGULAR SESSION - START TIME 7:10 P.M.
The Invocation was offered by Council member Hoover.
The Pledges were led by Council member Cantrell.
Citizen Presentations:
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the
agenda. The Council is not permitted to take action on or discuss any presentations made to the Council
at this time concerning an item not listed on the agenda. The Council will hear presentations on specific
agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the
time limit determined by the Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
No citizen presentations were made.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be
enacted by one motion. There will not be a separate discussion of these items. If discussion is desired,
that item will be removed from the consent agenda and will be considered separately.
Mayor White removed both agenda items from the consent agenda.
3. Consider and take appropriate action regarding the Minutes dated March 7, 2011.
Motion made by Council member Cantrell, seconded by Mayor Pro Tem Rose, to approve the March 7,
2011 minutes as amended. Motion carried unanimously without further discussion.
4. Consider and take appropriate action regarding an Ordinance amending Article VIII, "Tree
Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" and also
amending Article I, "Parks and Recreation Board" of Chapter 9, "Parks and Recreation" of the
Code of Ordinances in order to authorize the Parks and Recreation Board to serve as the Tree
Board, providing duties and responsibilities to be performed by the Parks and Recreation
Board; removing all references to the Tree Board as a separate Board; and providing an
effective date.
Motion made by Mayor Pro Tem Rose, seconded by Council member Cantrell, to approve Ordinance
2011-06 amending Section 8.02(B) by adding item #7 Ensure that Tree City USA Application for
recertification is submitted annually and to obtain the Sterling Tree City USA Designation.
Parks and Recreation Director Adam Adams expressed he was in favor of ensuring that the Tree City
USA Application for recertification is submitted annually. Adams relayed that 187 trees will be planted
Town Council 14 of 206 Meeting Date: May 2, 2011
this year and that the Town could not surpass that number in future years; the Town would not meet the
requirements of the Sterling Tree City USA Recognition.
Mayor Pro Tem Rose moved to remove “obtain the Sterling Tree City USA Designation” from his motion;
Council member Cantrell seconded. Motion passed 5:1:0 with Mayor White, Mayor Pro Tem Rose,
Council members Cantrell, Hoover, and Strother voting for and Council member Stotts voting against.
Motion carried unanimously to approve Ordinance 2011-06 amending Section 8.02(B) to add “7. Ensure
the Tree City USA Application for recertification is submitted annually.”
REGULAR SESSION
5. Mayor White to present an annual state of the Town message, including a statement of needs
and goals for the Town; discussion of same.
Mayor White presented the Annual State of the Town Message.
Presentation included in the minutes.
6. Discuss and take appropriate action regarding a requested proposal to enlarge the buffer zone
between Independence East and Community Pool Complex and the Royal Troon
Neighborhood.
The following residents expressed their concerns regarding traffic, parking, trail drainage and access, and
the buffer zone between the Royal Troon Neighborhood and Independence East Facility.
Charles Boedeker, 2422 Lilyfield Drive
Sue Fitzgerald, 2421 Lilyfield Drive
Mike Fitzgerald, 2421 Lilyfield Drive
Scott Folley, 2407 Lilyfield Drive
Julie Folley, 2407 Lilyfield Drive
Dolores Ziluca, 2412 Lilyfield Drive
Deb Derderian, 2428 Lilyfield Drive
Sherry Thiltgen, 2411 Lilyfield Drive
James Jarazewski, 2417 Lilyfield Drive
Mike Buck, 2401 Lilyfield Drive
Jeanne Buck, 2401 Lilyfield Drive
Jesus Monroy, 2423 Lilyfield Drive
The following residents spoke in favor of keeping the current buffer zone intact:
David Johnson, 6 Meadow Ridge Drive
Steve Gregory, 205 Pebble Beach Drive
Larry Lentzner, 303 Ridge View Lane
Matt Fenton, 15 Jamie Court
Town Manager Slye presented a time line of the Community Pool/Independence Park East events
beginning with December 2001 Town Council direction to the Parks & Recreation Committee on
reviewing and drafting a plan to build a community pool through the November 2010 Town Council
meeting approving the site plan and replat/final plat of Independence Park East/Community Pool.
Council discussed many of the comments addressed by residents.
Town Council 15 of 206 Meeting Date: May 2, 2011
Council suggested that Town Manager Slye work with Staff and residents and come back with to the
Council with a proposal. Slye asked the residents of Royal Troon to organize and appoint a
spokesperson to meet with him and Staff.
The following residents spoke:
Mike Fitzgerald, 2421 Lilyfield Drive
Julie Folley, 2407 Lilyfield Drive
Sherry Thiltgen, 2411 Lilyfield Drive
Scott Folley, 2407 Lilyfield Drive
Charles Boedeker, 2422 Lilyfield Drive
Sue Fitzgerald, 2421 Lilyfield Drive
Steve Gregory, 205 Pebble Beach Drive
Jeanne Buck, 2401 Lilyfield Drive
Mayor White asked Town Manager Slye and Staff to work with the Royal Troon spokesperson or
committee and to bring the item back if a Council decision is needed.
Council took a short break and resumed at 10:15 p.m.
7. Consider and take appropriate action regarding an Ordinance amending Article VIII
“International Energy Conservation Code” of Chapter 3, “Buildings and Construction” of the
Code of Ordinances of the Town by adopting the 2009 International Energy Conservation
Code regulations for certain structures, excluding one-family and two-family residential
dwellings; providing a penalty; and providing an effective date of April 1, 2011.
Motion made by Council member Cantrell, seconded by Council member Stotts, to approve Ordinance
2011-10 amending Article VIII “International Energy Conservation Code” of Chapter 3, “Buildings and
Construction” of the Code of Ordinances of the Town by adopting the 2009 International Energy
Conservation Code regulations for certain structures, excluding one-family and two-family residential
dwellings; providing a penalty; and providing an effective date of April 1, 2011. Motion carried
unanimously without further discussion.
8. Consider and provide input regarding regulations related to the retail sale of alcoholic
beverages for off-premise consumption.
Mayor White stated the purpose of the discussion is to review the current Town regulations regarding
alcohol sales; not to advocate for or against the sale of alcoholic beverages for the local option
proposition on the May 14, 2011 ballot. Any proposed amendments to the Town’s regulations on retail
liquor sales for off-premise consumption are not intended to be punitive or advantageous to any particular
business. They are intended to ensure that the Town can provide proper application procedures and
governance for retail liquor sales within the community.
Direction only, no action taken.
9. Consider and provide input regarding a Special Events Ordinance.
Council considered a first draft of regulations pertaining to special events on November 15, 2010. Based
on feedback and suggestions from Council, the draft regulations have been revised and are presented to
Council for their discussion. Staff is seeking input from Council so that we can finalize the ordinance for
approval at the next meeting.
Due to the time, Mayor White asked Council to send their comments to Staff for review.
Town Council 16 of 206 Meeting Date: May 2, 2011
Motion made by Council member Stotts, seconded by Council member Hoover to table agenda items 10
and 11. Motion carried unanimously without further discussion.
10. Consider and take appropriate action regarding a Resolution of the Town Council authorizing
the Creation of a Keep Trophy Club Beautiful Committee comprised of various citizen
volunteers; and providing an effective date.
Town Manager Slye will approach EDC 4A, EDC 4B or Parks and Recreation Board to provide necessary
infrastructure for the initiative.
11. Consider and take appropriate action regarding a Resolution of the Town Council authorizing
the Creation of a Sustainability Committee comprised of various citizen volunteers; and
providing an effective date.
Town Manager Slye indicated that current staff would take this responsibility and that we would include
any interested volunteers.
12. Consider and take appropriate action regarding financial and variance report dated February
2011.
Motion made by Council member Cantrell, seconded by Council member Strother, to approve the
financial and variance report dated February 2011 as amended. Motion carried unanimously without
further discussion.
13. Town Council Liaison Updates; discussion of same:
- March 8, 2011 Parks & Recreation Board - Council Member Hoover
- March 10, 2011 TCMUD No. 1 - Mayor Pro Tem Rose
- March 14, 2011 EDC 4B - Council Member Strother
Council liaisons gave a brief update of the meetings and addressed questions. No action taken, update
only.
14. Town Manager Slye's update regarding the following; discussion of the same.
- PID Voting on MUD Proposition
- RFP for Financial Software
Town Manager Slye updated the Council and addressed questions. No action taken, update only.
15. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- Tarrant County Obesity Prevention Meeting - pioneering healthier communities through
physical activities and the nutritious foods work groups
- Northwest Communities Partnership Monthly Meeting
- Byron Nelson High School Techno Expo
- Council Retreat
- Metroport Cities Partnership Monthly Meeting
Mayor White and Council members gave a brief update of the meetings they attended since the last
Council meeting. No action taken, update only.
Town Council 17 of 206 Meeting Date: May 2, 2011
16. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
Council member requested Item #7, Communication Plan, be removed. No items were added.
ADJOURN
Motion made by Council member Hoover, seconded by Council member Cantrell to Adjourn.
Meeting adjourned at 11:50 p.m.
_____________________________ ________________________________
Shannon DePrater, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy
Town Council 18 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-192-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:4/7/2011 Town Council
On agenda:Final action:4/18/2011
Title:Consider and take appropriate action regarding the Minutes dated March 29, 2011 (Regional Joint
Council Workshop).
Attachments:March 29, 2011 Regional Joint Council Workshop.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the Minutes dated March 29, 2011 (Regional Joint Council Workshop).
NOTE
The minutes state presentations are included in the minutes. This packet does not include the presentations; the
presentations will be included in the permanent minute file when posted online.
Town Council 19 of 206 Meeting Date: May 2, 2011
MINUTES FROM REGIONAL COUNCIL JOINT WORKSHOP
FOR THE TOWN OF TROPHY CLUB
LOCATION: Byron Nelson High School Library
(East Door Entrance)
2775 Bobcat Boulevard
Trophy Club, Texas 76262
Tuesday, March 29, 2011 7:00 PM
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Tuesday, March 29,
2011. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Bill Rose Mayor Pro Tem
Larry Hoover Council Member
JD Stotts Council Member
Glenn Strother Council Member
TOWN COUNCIL MEMBERS ABSENT:
Margi Cantrell Council Member
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Shannon DePrater Town Secretary
Patricia Adams Town Attorney
Scott Kniffen Police Chief
Adam Adams Parks & Recreation Director
April Reiling PIO / Marketing Manager
Mayor White announced the date of March 29, 2011; called the workshop to order and announced a
quorum of the Trophy Club Town Council at 7:07 p.m.
Mayor Wheat noted a quorum of Town of Westlake Council and Mayor Gierisch announced a quorum of
City of Roanoke Council.
1. Welcome (Trophy Club Town Manager Slye)
- Overview
- Expectations
- Benefits
Trophy Club Town Manager Mike Slye welcomed everyone and provided a brief outline and purpose of
the joint meeting.
Presentation included in the minutes.
2. Discussion of a proposed Memorandum of Understanding for HWY 114 and HWY 170 Corridor
Development (Westlake Town Manager Brymer)
Town of Westlake Town Manager Tom Brymer provided a presentation and summary of the
Memorandum of Understanding’s purpose of establishing a defined framework between the cities,
clarifying that the agreement is non binding. Brymer also listed possible areas of cooperation, including
Planning & Zoning, Parks and Recreation, trails and public facilities.
Town Council 20 of 206 Meeting Date: May 2, 2011
Town of Westlake Public Works Director Jarrod Greenwood gave an overview of the HWY 114 and HWY
170 project.
Presentation included in the minutes.
3. Discussion of Proposed Trail Connector Project
Town of Westlake Facilities and Recreation Director Troy Meyer provided an overview of the possibility of
connecting the existing trail systems within each Town.
4. Discussion of a proposed Memorandum of Understanding for regional park access and use
Each Council discussed the prospect of joining together to create regional park access. Discussion
included the possibility of collectively allowing residents to utilize the neighboring facilities and how to
divide costs.
5. Community Update (5 minutes each)
- Roanoke
Mayor Gierisch announced that the construction of Hawaiian Falls is on schedule and will open
Memorial Day, Hard 8 BBQ has begun turning dirt, and incentives have been approved for both
Fuzzy Tacos and Hard 8. Mayor Gierisch stated that development is continuing daily.
- Trophy Club
Mayor White announced the construction plans for the Trophy Club Drive and Trophy Lake Drive
Roundabout with a water wall, invited all to the upcoming Parks and Recreation Events including Trek
& Toss, and the Frisbee Golf course opening, Camp Out and Easter Egg hunt. Mayor White also
shared 87 new home permits have been issued.
- Westlake
Mayor Wheat shared Deloite was moving furniture into the buildings and would have a soft opening in
July with a September/October grand opening, Westlake Academy was expanding from 520 to 630
students and invited everyone to the Arbor Days event on April 23. Mayor Wheat offered a suggestion
to conduct a regional strategic planning session to try and build a “shared vision” of the metroport
region.
6. Discussion of future meetings
- Frequency
- Location
Councils agreed to allow the town managers coordinate and schedule future meetings. Mayor Gierisch
stated Roanoke could hold the next meeting.
ADJOURN
Mayor White adjourned the meeting at 9:00 p.m.
_____________________________ ________________________________
Connie White, Mayor Shannon DePrater, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 21 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-231-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/27/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding an Ordinance amending Article 16 entitled "Citizens
Financial Advisory Board" of Chapter 1 entitled "Administration" of the Code of Ordinances to further
clarify the duties of the CFAB; and providing an effective date.
Attachments:ORD 2011-16 CFAB Amendment.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance amending Article 16 entitled "Citizens Financial Advisory
Board" of Chapter 1 entitled "Administration" of the Code of Ordinances to further clarify the duties of the CFAB; and
providing an effective date.
Town Council 22 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2011-16
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ARTICLE XVI, ENTITLED “CITIZENS FINANCIAL
ADVISORY BOARD” OF CHAPTER 1 ENTITLED “ADMINISTRATION”,
SUBSECTION “A” ENTITLED “ADVISORY CAPACITY TO COUNCIL”
OF SECTION 16 ENTITLED “POWERS AND DUTIES OF THE
BOARD”; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a home rule municipality acting
under its Charter and state law; and
WHEREAS, on January 3, 2011, the Town Council adopted an ordinance
creating the Citizens Financial Advisory Board (“CFAB”) to perform various functions
under the direction of the Town Council, which ordinance was codified in Article XVI of
Chapter 1 of the Code of Ordinances of the Town; and
WHEREAS, the Town Council has determined it necessary and appropriate to
amend Section 16.03 (A) entitled “Powers and Duties of the Board” to further clarify the
duties and powers of the CFAB; and
WHEREAS, the Town Council finds and determines that the amendment to
Section 16.03 (A) as set forth below serves the best interests of the Town and should
be approved;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT - ADOPTION OF ARTICLE XIV OF CHAPTER XV
2.01 Subsection “A” entitled “Advisory Capacity to Council” of Section 16 entitled
“Powers and Duties of the Board” of Article XVI entitled “Citizens Financial Advisory
Board” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of
Trophy Club is hereby amended and shall read in its entirety as follows:
Town Council 23 of 206 Meeting Date: May 2, 2011
Section 16.03 Powers and Duties of the Board
“A. Advisory Capacity to Council. The Board shall act principally in
an advisory capacity to the Town Council and Town staff in Budget
matters. The Board shall only accomplish those tasks directed or
approved by Council.”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances of the Town affecting
the boards and commissions, finance, and the Citizens Financial Advisory Board and
shall not repeal any of the provisions of such Ordinances except in those instances
where provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are codified or uncodified, and all other provisions
of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 2nd day of May, 2011.
Town Council 24 of 206 Meeting Date: May 2, 2011
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 25 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-183-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Town Council
On agenda:Final action:5/2/2011
Title:Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in
Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of
mixed beverages by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of
Feng Chen Enterprise, Inc.
Attachments:Staff Report - TC.pdf
Application.pdf
Fish & Knife Alcohol Service Policy.pdf
Public Hearing Notice - Newspaper.pdf
Property Owner Notification.pdf
Property Owners within 200 ft.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission4/7/2011 1
TITLE
Public Hearing to consider a request for approval of a Specific Use Permit for a restaurant, located in Planned
Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages by a food
and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc.
EXPLANATION:
The applicant, Howard Tseung, on behalf of Feng Chen Enterprise, Inc., wishes to serve alcoholic beverages in the “Fish
& Knife Japanese Restaurant” which they will be opening soon in Planned Development No. 13 “Village” Shopping
Center at Highway 114 and Trophy Club Drive. Town of Trophy Club regulations require approval by the Town Council,
after consideration by the Planning and Zoning Commission, of a specific use permit for alcohol sales. The Planning and
Zoning Commission met on April 7, 2011, to consider this request and the Commission, by a 6-0 vote (Vice Chairman
Stephens was absent) recommend approval.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff, and specifically the Chief of Police, evaluated this request with regard to public safety and analysis of services
provided to the community (for example, a unique food category not currently available as a restaurant in Trophy Club,
heavy traffic flow patterns during particular times of day). Theapplicant has met the requirementsset forth by the Town’s
ordinances. Staff recommends approval. The Planning and Zoning Commission recommends approval.
Town Council 26 of 206 Meeting Date: May 2, 2011
TOWN COUNCIL
May 2, 2011
SUBJECT: Public Hearing to consider a request for approval of a Specific
Use Permit for a restaurant, located in Planned Development
No. 13 – Village Shopping Center, 2001 Highway 114, Suite
190, for the sale of mixed beverages by a food and beverage
certificate holder. Applicant: Howard Tseung on behalf of
Feng Chen Enterprise, Inc.
APPLICANT: Howard Tseung
1830 E. Abram Street
Arlington, TX 76010
PROPERTY OWNER:
Okeechobee P.B. Holdings
c/o Grace Development Inc.
3309 Fairmont Drive
Nashville, TN 37203
BUSINESS OWNER:
Fish & Knife Japanese Restaurant
Feng Chen Enterprise, Inc.
2001 Highway 114, Suite 190
Trophy Club, TX 76262
PERMITTED USES: Fish & Knife will occupy approximately 2,000 sq. ft. of space in
Tract 1 of Planned Development No. 13 – Village Shopping Center. Tract 1 allows a
wide range of retail uses, including the applicant’s business: a restaurant with alcoholic
beverage sales; alcoholic beverages sales subject to Town approval.
Town Council 27 of 206 Meeting Date: May 2, 2011
ADJACENT ZONING/EXISTING LAND USES:
North: R-11/residential
(property owners within 200-ft. were notified of this request)
South: State Highway 114/Town of Westlake
East: PO/undeveloped (Beck owned property at Trophy Club Dr/114)
West: R-9/residential (property owners on Straight Creek Ct. were notified)
PLANNED DEVELOPMENT NO. 13 – VILLAGE SHOPPING CENTER
Town Council 28 of 206 Meeting Date: May 2, 2011
Town Council 29 of 206 Meeting Date: May 2, 2011
Town Council 30 of 206 Meeting Date: May 2, 2011
STAFF COMMENTS: To obtain a Specific Use Permit (SUP) for the sale of alcoholic
beverages in a restaurant, the following is required:
The applicant must comply with applicable licensing and permit provisions
of the TABC.
TABC requires proof of Town approval prior to issuing a license and permit for
the sale of alcoholic beverages. If Town Council approval is given, the applicant
then completes his application with TABC and once a TABC license has been
issued the applicant returns to the Town for issuance of a Town permit.
The applicant shall demonstrate that the granting of the SUP would not be
detrimental to the public health, safety and/or welfare of the citizens of the
Town; and
The applicant shall, at all times, provide an adequate number of employees
for security purposes to adequately control the establishment premises to
prevent incidents of drunkenness, disorderly conduct and raucous
behavior. The applicant shall consult with the Chief of Police/Director of
Public Safety who shall act in an advisory capacity to determine the
number of qualified employees necessary to meet his/her obligation
hereunder.
The applicant consulted with Police Chief Kniffen and reviewed the staffing and
operating procedures of the restaurant and received approval. The applicant has
indicated that employee training will be implemented and will be on-going to
protect and safeguard public health, safety, and welfare of the citizens of the
Town. The applicant indicated that the security of patrons will be a high priority
of the establishment.
A specific use permit runs with the property and is not affected by a change in the
owner or lessee of a permitted establishment. A specific use permit may be
discontinued if the use for which the SUP was granted ceases to be operated at the
permitted location for a minimum period of six (6) continuous months.
Public Hearing
As required by ordinance, a notice of public hearing was published in the local
newspaper and property owners within 200-ft. of the shopping center were notified of
this request.
STAFF RECOMMENDATION:
Staff, and specifically the Chief of Police, evaluated this request with regard to public
safety and analysis of services provided to the community (i.e., a unique food category
not currently available as a restaurant in Trophy Club, heavy traffic flow patterns during
particular times of day). The applicant has met the requirements set forth by the Town’s
ordinances. Staff recommends approval.
Town Council 31 of 206 Meeting Date: May 2, 2011
PLANNING AND ZONING COMMISSION ACTION:
The Planning and Zoning Commission heard this request on April 7, 2011. At public
hearing, Nick Sanders, on behalf of Economic Development Corporation 4B, spoke in
favor of granting this SUP.
The Planning and Zoning Commission made the following motion:
Commissioner Sheridan made a motion recommending approval of a Specific Use
Permit for the sale of alcoholic beverages in the Fish & Knife Japanese Restaurant,
2001 Highway 114, Suite 190. The motion was seconded by Commissioner Davidson.
Ayes: Hill, Reed, Davidson, Richert, Sheridan, Forest (Stephens was absent)
Nays: None
Action: 6-0, Approved
(ch)
Attachments: Application
Fish & Knife Alcohol Service Policy
Public Hearing – Newspaper
Property Owner Notification
List of Property Owners within 200-ft.
Town Council 32 of 206 Meeting Date: May 2, 2011
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FISH & KNIFE JAPANESE CUISINE
2001 HWY. 114 , SUITE 190
TROPHY CLUB, TX 76262
ALCOHOLIC POLICY
The main goal of the restaurant is to provide Japanese cuisine to customers for their
enjoyment. Serving alcoholic beverage is only to supplement customer's enjoyment of
their food. The restaurant will have a small bar area that can seat only five people and
also serve as a waiting area. The restaurant will emphasis on the sale of Japanese cuisine
and not the sale of alcoholic beverage.
The working hours of the restaurant is:
Sunday through Thursday: 11 am to 2:30 pm (Lunch), 4:30 pm to 9:30 pm (Dinner).
Friday and Saturday: 11 am to 2:30 pm (Lunch), 4:30 pm to 10:30 pm (Dinner).
STAFFING
Number of wait staff for Lunch hours will be six and five for Dinner hours.
Beside the wait staff, there will be a manager and a hostess helping out during rush hours.
TABC CERTIFICATION
All wait staff will be required to obtain TABC certification for serving alcoholic
beverage. Any wait staff who are under the age of 21 will be prohibited to serve alcoholic
beverage. Management will conduct weekly staff meeting to emphasis the importance of
following the alcoholic serving policy set up by TABC.
INTOXICATION AND UNRULY CONDUCT PREVENTION
Manager and wait staff will monitor customer intoxication level based on the training
they receive from the TABC certification class. Any customer that appeared to be
intoxicated will be prohibited from purchasing more alcoholic beverages.
POLICE INTERVENTION
In the discretion of the management, if customers who are intoxicated or unruly and
cannot be handled by wait staff or management, police will be called to alleviate the
situation.
Town Council 34 of 206 Meeting Date: May 2, 2011
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: March 21, 2011
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: Wednesday,
March 23, 2011
SUBJECT: Public Hearing
NOTICE OF PUBLIC HEARING
TOWN OF TROPHY CLUB
PLANNING & ZONING COMMISSION
Thursday, April 7, 2011
TOWN COUNCIL
Monday, May 2, 2011
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, April 7, 2011, to consider Amending Ordinance No. 95-
20, PD Planned Development District No. 13, Exhibit “C” Development Standards to
grant a Specific Use Permit for a Japanese restaurant, Fish and Knife Japanese
Cuisine) to sell mixed beverages in the restaurant; and, other miscellaneous changes to
PD-13 as related to this request as deemed necessary.
The Town Council will hear the above item on Monday, May 2, 2011 in the Boardroom
of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Town Council 35 of 206 Meeting Date: May 2, 2011
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Larry Blancett
1109 Sunset Dr.
Trophy Club, TX 76262
Jeffrey Demiceli
1122 Sunset Dr.
Trophy Club, TX 76262
Seven Eleven Inc.
2711 N. Haskell Avenue #1
Dallas, TX 75204-2911
Kurt & Natalie Henry
1111 Sunset Dr.
Trophy Club, TX 76262
Larry & Norma Smith
1124 Sunset Dr.
Trophy Club, TX 76262
Texas National Bank
3205 E. Northwest Parkway
Southlake, TX 76092-6092
David & Barbara Gray
1112 Sunset Dr.
Trophy Club, TX 76262
Re: 1126 Sunset Dr.
Richard Sparks
P.O. Box 1790
Trophy Club, TX 76262
Grace Development Inc.
3309 Fairmont Dr.
Nashville, TX 37203
Robert & Sandee Clark
1113 Sunset Dr.
Trophy Club, TX 76262
George Truitt
1031 Sunset Dr.
Trophy Club, TX 76262
Oakmont Ent. Inc.
336 Watermere Dr.
Southlake, TX 76092-8113
Michael & Marolyn Zugay
Family Trust
1114 Sunset Dr.
Trophy Club, TX 76262
Ted Neidenberger
1033 Sunset Dr.
Trophy Club, TX 76262
St2 Tc Building Lp
Attn: Scott Trickey
1123 Wade Hampton St.
Benbrook, TX 76126-3519
Luther & Jaunita Bruce
1115 Sunset Dr.
Trophy Club, TX 76262
Roger Sessions
1100 Sunset Dr.
Trophy Club, TX 76262
Wesley & Leeann Nickodam
1101 Sunset Dr.
Trophy Club, TX 76262
Charles Mohon &
Amanda Pogue
1116 Sunset Dr.
Trophy Club, TX 76262
Re: 1 Straight Creek Ct., Trophy Club, TX
Teresa Marsteller
c/o Paul Drown
3701 W. Morton Ave.
Phoenix, AZ 85051
Alvin & Annette Miller
5 Straight Creek Ct.
Trophy Club, TX 7626
Brandon & Kayla Sargent
1117 Sunset Dr.
Trophy Club, TX 76262
Amanda & Chad Gundersen
2 Straight Creek Ct.
Trophy Club, TX 76262
Daniel & Jami Penick
6 Straight Creek Ct.
Trophy Club, TX 76262
David & Joan White
1118 Sunset Dr.
Trophy Club, TX 76262
Barbara Metzler
3 Straight Creek Ct.
Trophy Club, TX 76262
Paul & Stephanie Thurston
7 Straight Creek Ct.
Trophy Club, TX 76262
Milton Smith
1120 Sunset Dr.
Trophy Club, TX 76262
Re: 4 Straight Creek Ct., Trophy Club, TX
Robert & Barbara Moss
27 W. Hillside Place
Roanoke, TX 76262
Re: 8 Straight Creek Ct., Trophy Club, TX
Kahn Living Trust
Monroe & Margaret Kahn
7702 Colgate Ave.
Westminster, CA 92683-6218
Town Council 38 of 206 Meeting Date: May 2, 2011
Re: 9 Straight Creek Ct., Trophy Club, TX
Robert & Laura Matkin
3618 Igo St.
San Antonio, TX 78230-2305
Mark & Denise Lester
10 Straight Creek Ct.
Trophy Club, TX 76262
Linda Rohloff
11 Straight Creek Ct.
Trophy Club, TX 76262
Carl Megow
12 Straight Creek Ct.
Trophy Club, TX 76262
Stephen Fischer
14 Straight Creek Ct.
Trophy Club, TX 76262
John & Barbara Colwell
1102 Sunset Dr.
Trophy Club, TX 76262
Karen Nichols & William Jarboe
1103 Sunset Dr.
Trophy Club, TX 76262
Robert & Elizabeth Johnson
1104 Sunset Dr.
Trophy Club, TX 76262
Gary & Margi Cantrell
1105 Sunset Dr.
Trophy Club, TX 76262
Joseph Pagano
1106 Sunset Dr.
Trophy Club, TX 76262
Re: 1107 Sunset Dr., Trophy Club, TX
Larry Baker
89 Preswick Park Dr.
Newnan, GA 30265-2026
Kathe Johnsson
1108 Sunset Dr.
Trophy Club, TX 76262
Re: 1110 Sunset Dr., Trophy Club, TX
Margaret Tripton
9226 Independence Way
Fort Myers, FL 33913-7077
Town Council 39 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-187-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Town Council
On agenda:Final action:5/2/2011
Title:Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for
Northwest Independent School District's Byron Nelson High School to expand the parking lots.
Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014
Attachments:Staff Report - TC- Byron Nelson HS.pdf
NISD Written Acknowledgment.pdf
Newspaper Public Hearing Notice.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission4/7/2011 1
TITLE
Public Hearing to consider a request for approval of a revised Site Plan and Landscape Plan for Northwest Independent
School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas Engineering on behalf of
Northwest ISD. SP-11-014
EXPLANATION:
The school district wishes to expand the parking capacity at Byron Nelson High School. They anticipate that with the
addition of seniors in Fall 2011, most of whom will drive a car to school, there will not be enough parking spaces available
for teachers and students on the campus. The school district is requesting approval of a revised site plan that adds 778
additional parking spaces which will double the existing parking. Additional landscaping will be added and additional
parking lot lights will be added. The school district is asking for four waivers as outlined in the staff report and the
engineering. Mickey Thomas, M. J. Thomas Engineering, can give details regarding each waiver being requested.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Can be provided by Mehran Aghili, NISD.
Planning and Zoning Commission recommends approval.
Town Council 40 of 206 Meeting Date: May 2, 2011
TOWN COUNCIL
STAFF REPORT
May 2, 2011
Site Plan Revision - SP-11-014
Byron Nelson High School
2775 Bobcat Blvd.
SUBJECT: Public Hearing to consider a request for approval of a revised Site Plan and
Landscape Plan for Northwest Independent School District’s Byron Nelson
High School to expand the parking lots. Applicant: M. J. Thomas
Engineering on behalf of Northwest ISD. SP-11-014
The applicant, M.J. Thomas Engineering, on behalf of Northwest ISD is requesting approval of a
revised site plan for Byron Nelson High School. The school district wishes to expand parking at
the high school, which is located on approximately 83 acres of Lot 1, Block 1 of the plat filed in
Denton County as “NISD High School No. 2”.
The Town of Trophy Club Site Plan regulations require that changes to a site plan which will
“reduce the yards provided at the boundary of the site as indicated on the approved site plan”
shall be approved by the Town Council, after recommendation by the Planning and Zoning
Commission. A public hearing, advertised in the newspaper, is required. Property owner
notification is not required.
History and Existing Site: This property was zoned PD-28 on March 5, 2007. The Final Site
Plan was approved by the Town Council on September 9, 2007.
The site is developed and is located on the north and east sides of Bobcat Blvd. It is zoned
Planned Development District No. 28 (PD-28), Northwest High School No. 2, with the
underlying zoning of Neighborhood Service.
The plat for Byron Nelson High School consists of four (4) lots:
Lot 1, Block 1 consists of 82.859 acres and the school buildings and auxiliary uses such
as athletic fields and a stadium are located on this lot.
A water tower will be located on Lot 2, Block 1.
Lot 1 and Lot 2, Block 2 are open areas created when Bobcat Blvd. was constructed.
This request involves Lot 1, Block 1, only.
In 2009 the school opened offering freshman and sophomore classes. In August 2010, juniors
were added to the school and in August 2011, seniors will be added. During the past two years
of the school’s existence, the parking lots have been full during regular school weeks. There is
Town Council 41 of 206 Meeting Date: May 2, 2011
inadequate parking when sporting events are held on the school property. With the addition of
seniors in August 2011, NISD anticipates that each senior will drive a car to the high school
campus which will result in inadequate parking.
The Town parking regulations require 1 space for every 3 persons (students/teachers). When the
original site plan was considered, 800 spaces were required for the 2,200 students and 200 staff.
NISD is requesting an additional 778 parking spaces, of which 18 will be ADA.
2007 Site Plan Approval: 725 spaces
2011 Site Plan Requested: 778 spaces
Total: 1,503 spaces
PD-28 (NS) allows a maximum impervious surface of 80%. Currently, the impervious surface
for the high school is 38%. The proposed increase in parking expansion would bring the
impervious surface to 42%.
A minimum of 20% open space is required in the NS District. This proposed expansion does not
appear to reduce that percentage of open space.
There is proposed parking on top of an existing 12-inch public waterline. Town/MUD policy is
to avoid pavement on top of water lines. Staff asked for written acknowledgement from NISD
that repair or replacement of the paving is NISD responsibility if the pavement is damaged or
destroyed if the water line(s) must be repaired or replaced. NISD has provided written
acknowledgement (attached) that NISD will repair or replace pavement if damaged or destroyed
when the Town repairs or replaces the waterline.
Landscaping: The proposed expansion identifies losing 177 canopy trees and 35 ornamental
trees. NISD is replacing these lost trees by replanting 179 canopy trees and 42 evergreen
trees/shrubs. They have also increased the number of trees along the eastern property line in
order to provide more buffering of the high school fields from the residential area of
Neighborhood 1 in The Highlands.
WAIVERS REQUESTED
1. PD-28, Section B, 1. (a) states that planter islands or berms must be located no further apart
than every 24 parking spaces and at the terminus of all rows of parking. On sheet C-2, Site
Plan, the proposed northern parking areas show a section of “New Parking (34 spaces)” in
which there are 27 parking spaces before a planter island occurs. In order to provide a
planter island at 24 spaces, a fire hydrant would need to be relocated. The applicant requests
a waiver allowing one instance of 27 spaces before a planter island occurs.
2. The proposed parking lot on the northwest corner of the site, adjacent to Bobcat Blvd. that
states “New Parking (42 spaces)” has approximately six (6) spaces in the 30-ft. building
setback. The applicant asks for a waiver to allow parking in the building setback in this
location on the high school campus.
Town Council 42 of 206 Meeting Date: May 2, 2011
3. On the east side of the high school site, the applicant is proposing “New Parking (89
spaces)”. There is a 40-ft. landscape buffer required adjacent to residential and the 89 new
parking spaces encroach into the 40-ft. landscape buffer. However, since there is an 80-ft.
wide creek separating the NISD property from the residentially zoned district to the
south/southeast, NISD requests a waiver for the 40-ft. landscape buffer in order to place
parking in that area.
4. Photometrics: Town regulations require that parking lot lights shall provide illumination
within the parking facility not to exceed one foot-candle at ground level and shall distribute
not more than two-tenths (0.2) of one foot-candle of light upon any adjacent residentially
zoned district. There are a number of locations within the site where the parking lot lights
exceed one-foot candle at ground level and these locations were granted a waiver by the
Town Council in 2007. The applicant asks that this waiver continue. The plans meet the
requirement that illumination shall distribute not more than two-tenths (0.2) of one-foot
candle of light upon any adjacent residentially zoned district.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission heard this request on April 7, 2011, and made the
following motion:
Commissioner Davidson made a motion recommending approval of the revised Site Plan for
Byron Nelson High School with the following stipulations:
1) Grant a waiver to allow one instance of 27 parking spaces rather than 24 spaces, before a
planter island occurs; the 27 spaces to be located on the northern end of the campus; and
2) Grant a waiver to allow approximately six (6) parking spaces to be placed in the 30-ft.
building setback, the location to be on the west side of the campus along Bobcat Blvd.; and
3) Grant a waiver to allow parking in the 40-ft. landscape buffer to the east of the site as there is
an 80-ft. creek separating NISD property from the residentially zoned district to the
south/southeast; and
4) Grant continuation of waiver granted by Council in 2007 that parking lot lighting exceeds
one-foot candle at ground lever, but does not exceed two-tenths of one-foot candle of light upon
any adjacent residentially zoned district.
The motion was seconded by Commissioner Reed.
Ayes: Hill, Stephens, Reed, Davidson, Richert, Sheridan, Forest
Nays: None
Action: 7-0-, Approved
ch
Attachment: Application
NISD Written Acknowledgement
Public Hearing Newspaper Notice
Hard Copy (rolled plans) – Site Plan, Landscape Plan, Lighting
Town Council 43 of 206 Meeting Date: May 2, 2011
Town Council 44 of 206 Meeting Date: May 2, 2011
Town Council 45 of 206 Meeting Date: May 2, 2011
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: March 21, 2011
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time/ March 23, 2011 SUBJECT: Site Plan – Byron Nelson High
School
NOTICE OF PUBLIC HEARING
TOWN OF TROPHY CLUB
PLANNING & ZONING COMMISSION
April 7, 2011
Town Council
May 2, 2011
A Public Hearing will be held by the Planning and Zoning Commission of the
Town of Trophy Club in the Council Chambers, 100 Municipal Drive, at 7:00 PM,
THURSDAY, April 7, 2011, to consider revisions to the Site Plan for Byron Nelson
High School, located in Planned Development No. 28, located in the 2700-2800
Block of Bobcat Blvd. The Applicant is requesting the addition of approximately
800 parking spaces to the site. Applicant: MJ THOMAS ENGINEERING, LLC on
behalf of NORTHWEST INDEPENDENT SCHOOL DISTRICT.
The Town Council will hear this request on MONDAY, May 2, 2011, in the Council
Chambers at 100 Municipal Drive at 7:00 p.m.
Town Council 46 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-213-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/15/2011 Town Council
On agenda:Final action:5/2/2011
Title:Public Hearing to consider an Ordinance amending Article 3 "Establishment of Districts" and Article 5
"Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to provide
regulations for the sale of alcohol for off-premises consumption in the Town of Trophy Club; providing
a penalty not to exceed Two Thousand Dollars for each violation; and providing an effective date.
Attachments:Staff Report - TC 050211 - Liquor Store.pdf
ORD 2011-17 PZ.pdf
Commercial_Properties_Map.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission4/19/2011 1
TITLE
Public Hearing to consider an Ordinance amending Article 3 "Establishment of Districts" and Article 5 "Sale of Alcoholic
Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to provide regulations for the sale of alcohol for off-
premises consumption in the Town of Trophy Club; providing a penalty not to exceed Two Thousand Dollars for each
violation; and providing an effective date.
EXPLANATION:
On May 14, 2011, Trophy Club residents will vote on a local option to permit the sale of liquor for off-premise
consumption. If the option is approved by votes, the Council wishes to have zoning regulations and application
procedures for a liquor store on the books in order to ensure good governance of retail liquor store establishments within
the community. The ordinance, for Council consideration this evening, proposes allowing a liquor store in “CG”
Commercial General zoning and a Specific Use Permit will be required that will be heard by the Planning and Zoning
Commission and Town Council.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active live style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Planning and Zoning Commission held public hearings and discussion of this item on April 7 and April 19, 2011, and their
Town Council 47 of 206 Meeting Date: May 2, 2011
File #: 2011-213-T, Version: 1
recommendations are attached.
Town Council 48 of 206 Meeting Date: May 2, 2011
TOWN COUNCIL
STAFF REPORT
May 2, 2011
Retail Sale of Alcoholic Beverages for
Off-Premise Consumption
SUBJECT: Consider and take appropriate action regarding regulations related to the
sale of alcohol for off-premise consumption.
Due to the local option to permit the sale of liquor for off-premise consumption on the
May 14, 2011, ballot, the Town of Trophy Club is considering zoning regulations and
application procedures for a liquor store in order to ensure good governance of retail
liquor store establishments within the community.
Texas Alcoholic Beverage Commission
With proper TABC licensing and inspections, a liquor store establishment in the State of
Texas is allowed to be open Monday through Saturday from 10 a.m. to 9 p.m. A liquor
store is required to be closed on Sundays, Thanksgiving Day, Christmas Day and New
Year’s Day per TABC regulations.
PLANNING AND ZONING COMMISSION CONSIDERATION:
The Planning and Zoning Commission held public hearings and discussion on this item
on April 7, 2011 and April 19, 2011.
The Planning and Zoning Commission recommended some changes that have not been
incorporated into the proposed ordinance. Changes not included in the ordinance are
as follows:
Prohibit window signage and painted windows for liquor stores
Signs are regulated by the Town’s sign regulations contained in Chapter 5-
General Land Use of the Code of Ordinances and the regulations currently
prohibit some window signage (such as neon window signs). Signs allowed or
disallowed in windows should be uniformly applied to all businesses.
Place a maximum square footage restriction on liquor stores
The Zoning Ordinance (Chapter 13) applies square footage minimums to zoning
districts, but does not apply square footage maximums to individual businesses.
Staff does not recommend placing a limitation on the size of a particular type of
business.
Town Council 49 of 206 Meeting Date: May 2, 2011
Disallow a liquor store in Village Center of Planned Development No. 27
Specifically disallowing a liquor store in Village Center of PD-27 is not necessary
as a liquor store currently is not allowed in Village Center. The owners of the
Village Center property in Planned Development No. 27 would be required to
bring a request for a change of use before the Planning and Zoning Commission
and Town Council to allow a liquor store. In addition, if the proposed ordinance
is approved, a specific use permit would be required.
Limit the location of liquor stores to Highway 114 access
The regulations the Council is considering will restrict the locations of liquor
stores to a specific zoning district and give the Council discretion to approve or
deny a SUP at any location.
The Planning and Zoning Commission recommended the following and these
recommendations are reflected in the proposed ordinance:
Delete reference to Gourmet Food
The Commission could not come to an agreement on a definition for “gourmet
food”. The Commission also stated that the Town does not regulate content of
other retail businesses and therefore they could not support encouraging or
requiring gourmet food in a liquor store
Allow a liquor store in “CG” Commercial General zoning district
The ordinance proposes allowing a liquor store in “CG” Commercial General
zoning.
There are also four commercial planned development districts: PD-13, PD-21,
PD-25, and PD-27. For a liquor store to be allowed in any of the planned
development districts, the property owner would be required to bring a request
for a change of use before the Planning and Zoning Commission and the Town
Council.
Require a specific use permit for a liquor store with Council discretion to approve
or deny based on development conditions.
The ordinance proposes requiring a Specific Use Permit (SUP) for a liquor store.
The SUP must be heard by the Planning and Zoning Commission for
recommendation to the Town Council. The Council has authority to approve or
deny the SUP based on the development conditions provided by the applicant as
outlined in the ordinance and the SUP application.
Attachments: Ordinance 2011-XX P&Z
Commercial Property Map
Town Council 50 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-17 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ARTICLE 3 ENTITLED “ESTABLISHMENT OF
DISTRICTS” OF CHAPTER 13 ENTITLED “ZONING” OF THE CODE
OF ORDINANCES AND AMENDING ARTICLE 5 ENTITLED “SALE OF
ALCOHOLIC BEVERAGES” OF CHAPTER 13 ENTITLED “ZONING”
OF THE CODE OF ORDINANCES TO PROVIDE REGULATIONS FOR
THE SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE
CONSUMPTION AS MORE FULLY SET FORTH IN THE ORDINANCE;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AMENDMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 21, 2011, the Town of Trophy Club, Texas (hereinafter
referred to as “Town”) was presented with a petition for a Local Option Election to
legalize the retail sale of alcoholic beverages for off-premises consumption; and
WHEREAS, upon receipt and verification of the petition for Local Option Election,
the Town Council ordered that a Local Option Election be held on May 14, 2011; and
WHEREAS, the current Comprehensive Zoning Ordinance for the Town does not
provide for these types of sales or establishments, the Town Council wishes to modify
the Zoning Ordinance in order to provide for the regulation of liquor stores that sell
alcoholic beverages for off-premise consumption; and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to amend the Comprehensive Zoning Ordinance came before the
Planning & Zoning Commission and the Town Council; and
WHEREAS, after public notices were given in compliance with State Law and
public hearings were conducted, and after considering the information submitted at
those public hearings and all other relevant information and materials, the Planning &
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to the Comprehensive Zoning Ordinance as set forth in this
Ordinance; and
Town Council 51 of 206 Meeting Date: May 2, 2011
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Subsection “G” entitled “Retail” of Section 3.02 entitled “Classification of New and
Unlisted Properties” of Article 3 entitled “Establishment of Districts” of Chapter 13
entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club is hereby
amended to add a classification for Liquor Store which shall be and read in its entirety
as follows and all other sections and subsections of 3.02(G) shall remain the same.
Article 3, Section 13 – Use Table is amended as follows:
District Classifications
Permitted Uses R-
15
R-
12
R-
11
R-
10
R-
9
R-
8
R-
FV
R-
TT
R-
OH
R-
OHP
R-S MH CG CR NS PO GU
G. Retail
Liquor Store S
2.02 Subsection “A” entitled “Definitions” of Section 5.02 entitled “Sale of Alcoholic
Beverages” of Article 5 entitled “Supplementary District Regulations” of Chapter 13
entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club is hereby
amended to add a definition for “Liquor Store” which shall be placed in alphabetical
order and shall be and read in its entirety as follows and all other sections and
subsections of 5.02(A) shall remain the same.
“Liquor Store: A business that sells alcoholic beverages for consumption
off-premises. For the purposes of this Ordinance, the term “Liquor Store”
shall exclude grocery stores or convenience stores in which beer and/or
wine is offered for sale as a minor part of an overall larger inventory of
goods. It shall also exclude a restaurant that is otherwise operating in
accordance with its’ approved liquor license and all other provisions of this
Ordinance.”
2.03 The first paragraph of Subsection 3 entitled “Compliance with Town Codes and
Ordinances – On-Premises Sale and Consumption” of Section “F” entitled “Specific Use
Permit” of Section 5.02 entitled “Sale of Alcoholic Beverages” of Article 5 entitled
“Supplementary District Regulations” of Chapter 13 entitled “Zoning” of the Code of
Town Council 52 of 206 Meeting Date: May 2, 2011
Ordinances of the Town of Trophy Club is hereby repealed and a new first paragraph of
Subsection 3 of Section “F” is hereby adopted and shall be and read in its entirety as
follows and all other sections and subsections of 5.02(F)(3) shall remain the same.
“F. Specific Use Permit.
3. Compliance - On-Premises Sale and Consumption. Compliance with
Town Codes and Ordinances for on-premises sale and consumption of
alcoholic beverages as follows:
2.04 Subsection “F” entitled “Specific Use Permit” of Section 5.02 entitled “Sale of
Alcoholic Beverages” of Article 5 entitled “Supplementary District Regulations” of
Chapter 13 entitled “Zoning” of the Code of Ordinances of the Town of Trophy Club is
hereby amended to add Subsection 4 which is hereby adopted and shall be and read in
its entirety as follows:
“F. Specific Use Permit.
4. Compliance - Off-Premises Consumption. Compliance with Town Codes and
Ordinances is required for sale of alcoholic beverages for off-premises
consumption in a Liquor Store, and the Specific Use Permit (SUP) application
shall show documentation of compliance with the following:
a. Liquor Store:
i. That a SUP application for a Liquor Store is submitted in its entirety,
without omissions, and
ii. That the application is officially filed with the payment of applicable
fees; and
ii. That the application complies with all provisions of this and all
applicable ordinances; and
iv. That the application complies with the following development
conditions:
a. A Liquor Store shall not have walk-up window access, and shall
not have drive-through or drive-up access.
Town Council 53 of 206 Meeting Date: May 2, 2011
b. A Liquor Store shall operate in a premise that is not physically
completely separate from any other business and the exterior
design of the store shall show evidence of coordination with
contextual influences of neighboring properties in regard to
building setbacks, orientation, and relationship of structures to
each other and to the street. The layout of the site shall respect
and build upon the arrangement of buildings, open spaces and
landscape elements of adjacent sites.
b. Additional Development Conditions: The Council may attach additional
development conditions to the Specific Use Permit that the Council, in its
discretion, determines are appropriate for buffering, safety, security, and
compatibility for and to adjacent properties.”
2.05 The heading of Subsection “G” entitled “Criteria and Processing of SUP” of
Section 5.02 entitled “Sale of Alcoholic Beverages” of Article 5 entitled “Supplementary
District Regulations” of Chapter 13 entitled “Zoning” of the Code of Ordinances of the
Town of Trophy Club is hereby amended so that the heading of Subsection “G” shall be
and read as follows:
“G. Criteria and Processing of SUP. The following general conditions apply to all
Specific Use Permits (SUP) allowing: 1) the sale of beer and wine for off premises
consumption only, or 2) the sale of alcoholic beverages for off-premises consumption
only, or 3) the sale of mixed beverages by food and beverage certificate holders only:
2.06 Subsection G(8) of Section 5.02 entitled “Sale of Alcoholic Beverages” of Article
5 entitled “Supplementary District Regulations” of Chapter 13 entitled “Zoning” of the
Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety.
“8. Town Council may deny a SUP if it affirmatively determines that the issuance of
such SUP is:
a. Incompatible with the surrounding uses or property or
b. Detrimental or offensive to the neighborhood or contrary to the health,
safety, and general welfare of the Town and its inhabitants.”
2.07. Section 5.02 entitled “Sale of Alcoholic Beverages” of Article 5 entitled
“Supplementary District Regulations” of Chapter 13 entitled “Zoning” of the Code of
Ordinances of the Town of Trophy Club is hereby amended to add a new Section H
entitled “Denial of SUP” which shall be and read in its entirety as follows:
Town Council 54 of 206 Meeting Date: May 2, 2011
H. Denial of SUP. Town Council may deny an SUP if it affirmatively determines
that the issuance of such SUP:
1. a. Is Incompatible with the surrounding uses or property; or
b. Is Detrimental or offensive to the neighborhood or contrary to the health,
safety, and general welfare of the Town and its inhabitants; or
c. Is found to be in non-compliance with the development conditions
outlined in the “SUP Application-Liquor Store”, is found to be in non-
compliance with the requirements established by the Town Council
pursuant to Section 5.02(F)(4)(b) of this Article, or is found to be in non-
compliance with any other Town ordinances, including without limitation
failure to comply with any one or more of the provisions of Section
5.02(F)(4).
2.08 Section 5.02 entitled “Sale of Alcoholic Beverages” of Article 5 entitled
“Supplementary District Regulations” of Chapter 13 entitled “Zoning” of the Code of
Ordinances of the Town of Trophy Club is hereby amended to re-alphabetize the
following Sections, and all substantive provisions of each of the following sections shall
remain the same in their entirety:
Section “H” entitled “Methods for Determining Distance Measurements” shall be
re-alphabetized to Section “I” entitled “Methods for Determining Distance
Measurements”
Section “I” entitled “Exception to Distance Requirements” shall be re-alphabetized
to Section “J” entitled Exception to Distance Requirements”
Section “J” entitled “Exemption From SUP Process for Existing Private Club
Operations” shall be re-alphabetized to Section “K” entitled “Exemption From SUP
Process for Existing Private Club Operations”.
Section “K” entitled “Possession or Consumption Prohibited in Certain Areas” shall
be re-alphabetized to Section “L” entitled “Possession or Consumption Prohibited
in Certain Areas”.
Section “L” entitled “Miscellaneous Provisions” shall be re-alphabetized to Section
“M” entitled “Miscellaneous Provisions”.
SECTION 3.
SAVINGS
That all rights and remedies of the Town of Trophy Club are expressly saved to
any and all violations of the provisions of any Ordinance affecting beer & wine sales (off
premise consumption only), the sale of mixed beverages in restaurants by food and
beverage certificate holders only, and/or the sale of alcoholic beverages for off-
Town Council 55 of 206 Meeting Date: May 2, 2011
premises consumption which have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such Ordinances, same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of that
Ordinance and for that purpose the Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision of this Ordinance shall be fined,
upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars
($2,000.00), and a separate offense shall be deemed committed each day during or on
which a violation occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of
the Texas Local Government Code.
Town Council 56 of 206 Meeting Date: May 2, 2011
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in
the minutes of the Town Council and by filing this Ordinance in the Ordinance records of
the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this _____ day of _____________, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
Effective
Date:
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 57 of 206 Meeting Date: May 2, 2011
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-184-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/2/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding a request for approval of a Specific Use Permit for a
restaurant, located in Planned Development No. 13 - Village Shopping Center, 2001 Highway 114,
Suite 190, for the sale of mixed beverages by a food and beverage certificate holder. Applicant:
Howard Tseung on behalf of Feng Chen Enterprise, Inc.
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission4/7/2011 1
TITLE
Consider and take appropriate action regarding a request for approval of a Specific Use Permit for a restaurant, located in
Planned Development No. 13 - Village Shopping Center, 2001 Highway 114, Suite 190, for the sale of mixed beverages
by a food and beverage certificate holder. Applicant: Howard Tseung on behalf of Feng Chen Enterprise, Inc.
EXPLANATION:
The applicant, Howard Tseung, on behalf of Feng Chen Enterprise, Inc., wishes to serve alcoholic beverages in the “Fish
& Knife Japanese Restaurant” which they will be opening soon in Planned Development No. 13 “Village” Shopping
Center at Highway 114 and Trophy Club Drive. Town of Trophy Club regulations require approval by the Town Council,
after consideration by the Planning and Zoning Commission, of a specific use permit for alcohol sales. The Planning and
Zoning Commission met on April 7, 2011, to consider this request and the Commission, by a 6-0 vote (Vice Chairman
Stephens was absent) recommend approval.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff, and specifically the Chief of Police, evaluated this request with regard to public safety and analysis of services
provided to the community (for example, a unique food category not currently available as a restaurant in Trophy Club,
heavy traffic flow patterns during particular times of day). The applicant has met the requirements set forth by the Town’s
ordinances. Staff recommends approval. The Planning and Zoning Commission recommends approval.
Town Council 59 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-188-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding a request for approval of a revised Site Plan and
Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the
parking lots. Applicant: M. J. Thomas Engineering on behalf of Northwest ISD. SP-11-014
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission4/7/2011 1
TITLE
Consider and take appropriate action regarding a request for approval of a revised Site Plan and Landscape Plan for
Northwest Independent School District's Byron Nelson High School to expand the parking lots. Applicant: M. J. Thomas
Engineering on behalf of Northwest ISD. SP-11-014
EXPLANATION:
The school district wishes to expand the parking capacity at Byron Nelson High School. They anticipate that with the
addition of seniors in Fall 2011, most of whom will drive a car to school, there will not be enough parking spaces available
for teachers and students on the campus. The school district is requesting approval of a revised site plan that adds 778
additional parking spaces which will double the existing parking. Additional landscaping will be added and additional
parking lot lights will be added. The school district is asking for four waivers as outlined in the staff report and the
engineering. Mickey Thomas, M. J. Thomas Engineering, can give details regarding each waiver being requested.
TOWN COUNCIL GOAL(S):
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Can be provided by Mehran Aghili, NISD.
Planning and Zoning Commission recommends approval.
Town Council 60 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-214-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/15/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding an Ordinance amending Article 3 "Establishment of
Districts" and Article 5 "Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or
Ordinances to provide regulations for the sale of alcohol for off-premises consumption in the Town of
Trophy Club; providing a penalty not to exceed Two Thousand Dollars for each violation; and
providing an effective date.
Attachments:
Action ByDate Action ResultVer.
Planning & Zoning Commission4/19/2011 1
TITLE
Consider and take appropriate action regarding an Ordinance amending Article 3 "Establishment of Districts" and Article 5
"Sale of Alcoholic Beverages" of Chapter 13 "Zoning" of the Code or Ordinances to provide regulations for the sale of
alcohol for off-premises consumption in the Town of Trophy Club; providing a penalty not to exceed Two Thousand
Dollars for each violation; and providing an effective date.
EXPLANATION:
[Enter explanation here.]
TOWN COUNCIL GOAL(S):
[Enter goal(s) here.]
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
[Enter recommendation here.]
Town Council 61 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-211-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/13/2011 Town Council
On agenda:Final action:
Title:Consider and take appropriate action regarding an Ordinance amending Article XV "Swimming Pools"
of Chapter 3 "Buildings and Construction" of the Code of Ordinances relative to the draining of
swimming pools; providing for a penalty not to exceed two thousand dollars for each violation; and
providing an effective date.
Attachments:txr040000.pdf
Minutes from 2008.pdf
ORD 2011-18 (Option A).pdf
ORD 2011-18 (Option B).pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding an Ordinance amending Article XV "Swimming Pools" of Chapter 3
"Buildings and Construction" of the Code of Ordinances relative to the draining of swimming pools; providing for a penalty
not to exceed two thousand dollars for each violation; and providing an effective date.
EXPLANATION:
Staff has developed an application form for residents to use to obtain a Compliance Permit as specified in the Ordinance.
The compliance permit application was not approved as part of the Ordinance but is a form that staff may administratively
amend and revise as it determines necessary.
TOWN COUNCIL GOAL(S):
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Please refer to Town Manager Slye's comments during the meeting.
Town Council 62 of 206 Meeting Date: May 2, 2011
Town Council 63 of 206 Meeting Date: May 2, 2011
TPDES General Permit No. TXR040000
Page 2
TCEQ GENERAL PERMIT NUMBER TXR040000
RELATING TO STORM WATER DISCHARGES ASSOCIATED WITH
SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS
Table of Contents
Part I. Definitions and Terminology .............................................................................................. Page 3
A. Definitions .................................................................................................................Page 3
B. Commonly Used Acronyms....................................................................................... Page 8
Part II. Permit Applicability and Coverage ................................................................................... Page 9
A. Small MS4s Eligible for Authorization by General Permit....................................... Page 9
B. Allowable Non-Storm Water Discharges .................................................................. Page 9
C. Limitations on Permit Coverage.............................................................................. Page 11
D. Obtaining Authorization.......................................................................................... Page 13
E. Permitting Options................................................................................................... Page 19
F. Waivers.................................................................................................................... Page 20
Part III. Storm Water Management Program (SWMP)............................................................. Page 21
A. Minimum Control Measures.................................................................................... Page 22
B. General Requirements.............................................................................................. Page 28
Part IV. Recordkeeping and Reporting ........................................................................................ Page 28
A. Recordkeeping......................................................................................................... Page 28
B. Reporting ................................................................................................................. Page 29
Part V. Standard Permit Conditions ............................................................................................. Page 31
Part VI. Authorization for Municipal Construction Activities ................................................... Page 32
A. Eligible Construction Sites ...................................................................................... Page 32
B. Discharges Eligible for Authorization..................................................................... Page 32
C. Limitations on Permit Coverage.............................................................................. Page 34
D. Numeric Effluent Limitations.................................................................................. Page 34
E. Storm Water Pollution Prevention Plan (SWP3)..................................................... Page 34
F. Effective Date of Coverage...................................................................................... Page 35
G. Deadlines for SWP3 Preparation and Compliance.................................................. Page 35
H. Plan Review and Making Plans Available............................................................... Page 35
I. Keeping Plans Current............................................................................................. Page 35
J. Contents of SWP3.................................................................................................... Page 35
K. Additional Retention of Records ............................................................................. Page 41
Attachment 1 Construction Site Notice.......................................................................................... Page 42
Attachment 2 Discharge Monitoring Report for Concrete Batch Plants........................................ Page 43
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TPDES General Permit No. TXR040000
Page 3
Part I. Definitions and Terminology
A. Definitions
Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance
procedures, structural controls, local ordinances, and other management practices to prevent or reduce the
discharge of pollutants. BMPs also include treatment requirements, operating procedures, and practices to
control runoff, spills or leaks, waste disposal, or drainage from raw material storage areas.
Classified Segment - refers to a water body that is listed and described in Appendix A or Appendix C of the
Texas Surface Water Quality Standards, at 30 TAC ' 307.10.
Clean Water Act (CWA) - The Federal Water Pollution Control Act or Federal Water Pollution Control Act
Amendments of 1972, Pub.L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483 and Pub.
L. 97-117, 33 U.S.C. 1251 et.seq.
Common Plan of Development or Sale - A construction activity that is completed in separate stages,
separate phases, or in combination with other construction activities. A common plan of development or sale
is identified by the documentation for the construction project that identifies the scope of the project, and may
include plats, blueprints, marketing plans, contracts, building permits, a public notice or hearing, zoning
requests, or other similar documentation and activities.
Construction Site Operator - The person or persons associated with a small or large construction project that
meets either of the following two criteria:
(a) the person or persons that have operational control over construction plans and specifications
(including approval of revisions) to the extent necessary to meet the requirements and
conditions of this general permit; or
(b) the person or persons that have day-to-day operational control of those activities at a
construction site that are necessary to ensure compliance with a storm water pollution
prevention plan for the site or other permit conditions (e.g. they are authorized to direct
workers at a site to carry out activities required by the Storm Water Pollution Prevention
Plan or comply with other permit conditions).
Conveyance - Curbs, gutters, man-made channels and ditches, drains, pipes, and other constructed features
designed or used for flood control or to otherwise transport storm water runoff.
Daily Maximum - For the purposes of compliance with the numeric effluent limitations contained in this
permit, this is the maximum concentration measured on a single day, by grab sample, within a period of one
calendar year.
Discharge - When used without a qualifier, refers to the discharge of storm water runoff or certain non-storm
water discharges as allowed under the authorization of this general permit.
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Final Stabilization - A construction site where either of the following conditions are met:
(a) All soil disturbing activities at the site have been completed and a uniform (e.g, evenly
distributed, without large bare areas) perennial vegetative cover with a density of 70% of the
native background vegetative cover for the area has been established on all unpaved areas
and areas not covered by permanent structures, or equivalent permanent stabilization
measures (such as the use of riprap, gabions, or geotextiles) have been employed.
(b) For individual lots in a residential construction site by either:
(1) the homebuilder completing final stabilization as specified in condition (a) above;
or
(2) the homebuilder establishing temporary stabilization for an individual lot prior to the
time of transfer of the ownership of the home to the buyer and after informing the
homeowner of the need for, and benefits of, final stabilization.
(c) For construction activities on land used for agricultural purposes (e.g. pipelines across crop
or range land), final stabilization may be accomplished by returning the disturbed land to its
preconstruction agricultural use. Areas disturbed that were not previously used for
agricultural activities, such as buffer strips immediately adjacent to a surface water and areas
which are not being returned to their preconstruction agricultural use must meet the final
stabilization conditions of condition (a) above.
Ground Water Infiltration - For the purposes of this permit, groundwater that enters a municipal separate
storm sewer system (including sewer service connections and foundation drains) through such means as
defective pipes, pipe joints, connections, or manholes.
Illicit Connection - Any man-made conveyance connecting an illicit discharge directly to a municipal
separate storm sewer.
Illicit Discharge - Any discharge to a municipal separate storm sewer that is not entirely composed of storm
water, except discharges pursuant to this general permit or a separate authorization and discharges resulting
from emergency fire fighting activities.
Indian Country - Defined in 18 USC Section (') 1151, means (a) all land within the limits of any Indian
reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any
patent, and including rights-of-way running through the reservation; (b) all dependent Indian communities
within the borders of the United States whether within the original or subsequently acquired territory thereof,
and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which
have not been extinguished, including rights-of-way running through the same. This definition includes all
land held in trust for an Indian tribe.
Industrial Activities - manufacturing, processing, material storage, and waste material disposal areas (and
similar areas where storm water can contact industrial pollutants related to the industrial activity) at an
industrial facility described by the TPDES Multi Sector General Permit, TXR050000, or by another TCEQ or
TPDES permit.
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TPDES General Permit No. TXR040000
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Large Construction Activity - Construction activities including clearing, grading, and excavating that result
in land disturbance of equal to or greater than five (5) acres of land. Large construction activity also includes
the disturbance of less than five (5) acres of total land area that is part of a larger common plan of
development or sale if the larger common plan will ultimately disturb equal to or greater than five (5) acres of
land. Large construction activity does not include routine maintenance that is performed to maintain the
original line and grade, hydraulic capacity, and original purpose of a ditch, channel, or other similar storm
water conveyance. Large construction activity does not include the routine grading of existing dirt roads,
asphalt overlays of existing roads, the routine clearing of existing right-of-ways, and similar maintenance
activities.
Maximum Extent Practicable (MEP) - The technology-based discharge standard for municipal separate
storm sewer systems to reduce pollutants in storm water discharges that was established by CWA ' 402(p). A
discussion of MEP as it applies to small MS4s is found at 40 CFR ' 122.34.
MS4 Operator – For the purpose of this permit, the public entity, and/ or the entity contracted by the public
entity, responsible for management and operation of the small municipal separate storm sewer system that is
subject to the terms of this general permit.
Notice of Change (NOC) - Written notification from the permittee to the executive director providing
changes to information that was previously provided to the agency in a notice of intent.
Notice of Intent (NOI) - A written submission to the executive director from an applicant requesting
coverage under this general permit.
Notice of Termination (NOT) - A written submission to the executive director from a permittee authorized
under a general permit requesting termination of coverage under this general permit.
Outfall - For the purpose of this permit, a point source at the point where a municipal separate storm sewer
discharges to waters of the United States (U.S.) and does not include open conveyances connecting two
municipal separate storm sewers, or pipes, tunnels, or other conveyances that connect segments of the same
stream or other waters of the U.S. and are used to convey waters of the U.S.
Permittee - The MS4 operator authorized under this general permit.
Permitting Authority - For the purposes of this general permit, the TCEQ.
Point Source - (from 40 CFR ' 122.22) any discernible, confined, and discrete conveyance, including but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from
which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture
or agricultural storm water runoff.
Pollutant(s) of Concern - Include biochemical oxygen demand (BOD), sediment or a parameter that
addresses sediment (such as total suspended solids, turbidity or siltation), pathogens, oil and grease, and any
pollutant that has been identified as a cause of impairment of any water body that will receive a discharge
from an MS4. (Definition from 40 CFR ' 122.32(e)(3)).
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Redevelopment - Alterations of a property that changed the Afootprint@ of a site or building in such a way that
there is a disturbance of equal to or greater than one (1) acre of land. This term does not include such
activities as exterior remodeling.
Small Construction Activity - Construction activities including clearing, grading, and excavating that result
in land disturbance of equal to or greater than one (1) acre and less than five (5) acres of land. Small
construction activity also includes the disturbance of less than one (1) acre of total land area that is part of a
larger common plan of development or sale if the larger common plan will ultimately disturb equal to or
greater than one (1) and less than five (5) acres of land. Small construction activity does not include routine
maintenance that is performed to maintain the original line and grade, hydraulic capacity, and original
purpose of a ditch, channel, or other similar storm water conveyance. Small construction activity does not
include the routine grading of existing dirt roads, asphalt overlays of existing roads, the routine clearing of
existing right-of-ways, and similar maintenance activities.
Small Municipal Separate Storm Sewer System (MS4) – refers to a conveyance or system of conveyances
(including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains): (i) Owned or operated by the United States, a state, city, town, borough, county,
district, association, or other public body (created by or pursuant to State law) having jurisdiction over
disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law
such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved management agency under ' 208 of the
CWA; (ii) Designed or used for collecting or conveying storm water; (iii) Which is not a combined sewer;
(iv) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR ' 122.2; and (v)
Which was not previously authorized under a NPDES or TPDES individual permit as a medium or large
municipal separate storm sewer system, as defined at 40 CFR §§122.26(b)(4) and (b)(7). This term includes
systems similar to separate storm sewer systems at military bases, large hospital or prison complexes, and
highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas,
such as individual buildings. For the purpose of this permit, a very discrete system also includes storm drains
associated with certain municipal offices and education facilities serving a nonresidential population, where
those storm drains do not function as a system, and where the buildings are not physically interconnected to
an MS4 that is also operated by that public entity.
Storm Water and Storm Water Runoff - Rainfall runoff, snow melt runoff, and surface runoff and
drainage.
Storm Water Associated with Construction Activity - Storm water runoff from an area where there is
either a large construction activity or a small construction activity.
Storm Water Management Program (SWMP) - A comprehensive program to manage the quality of
discharges from the municipal separate storm sewer system.
Structural Control (or Practice) - A pollution prevention practice that requires the construction of a device,
or the use of a device, to capture or prevent pollution in storm water runoff. Structural controls and practices
may include but are not limited to: wet ponds, bioretention, infiltration basins, storm water wetlands, silt
fences, earthen dikes, drainage swales, vegetative lined ditches, vegetative filter strips, sediment traps, check
dams, subsurface drains, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems,
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TPDES General Permit No. TXR040000
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gabions, and temporary or permanent sediment basins.
Surface Water in the State - Lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks,
estuaries, wetlands, marshes, inlets, canals, the Gulf of Mexico inside the territorial limits of the state (from
the mean high water mark (MHWM) out 10.36 miles into the Gulf), and all other bodies of surface water,
natural or artificial, inland or coastal, fresh or salt, navigable or nonnavigable, and including the beds and
banks of all water-courses and bodies of surface water, that are wholly or partially inside or bordering the
state or subject to the jurisdiction of the state; except that waters in treatment systems which are authorized by
state or federal law, regulation, or permit, and which are created for the purpose of waste treatment are not
considered to be water in the state.
Total Maximum Daily Load (TMDL) - The total amount of a substance that a water body can assimilate and
still meet the Texas Surface Water Quality Standards.
Urbanized Area (UA) - An area of high population density that may include multiple MS4s as defined and
used by the U.S. Census Bureau in the 2000 decennial census.
Waters of the United States - (from 40 CFR ' 122.2) Waters of the United States or waters of the U.S.
means:
(a) all waters which are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of
the tide;
(b) all interstate waters, including interstate wetlands;
(c) all other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural
ponds that the use, degradation, or destruction of which would affect or could affect
interstate or foreign commerce including any such waters:
(1) which are or could be used by interstate or foreign travelers for recreational or other
purposes;
(2) from which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
(3) which are used or could be used for industrial purposes by industries in interstate
commerce;
(d) all impoundments of waters otherwise defined as waters of the United States under this
definition;
(e) tributaries of waters identified in paragraphs (a) through (d) of this definition;
(f) the territorial sea; and
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(g) wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (a) through (f) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of CWA
(other than cooling ponds as defined in 40 CFR ' 423.11(m) which also meet the criteria of this definition)
are not waters of the United States. This exclusion applies only to manmade bodies of water which neither
were originally created in waters of the United States (such as disposal area in wetlands) nor resulted from the
impoundment of waters of the United States. Waters of the United States do not include prior converted
cropland. Notwithstanding the determination of an area=s status as prior converted cropland by any other
federal agency, for the purposes of the Clean Water Act, the final authority regarding Clean Water Act
jurisdiction remains with EPA.
B. Commonly Used Acronyms
BMP Best Management Practice
CFR Code of Federal Regulations
CGP Construction General Permit, TXR150000
CWA Clean Water Act
DMR Discharge Monitoring Report
EPA Environmental Protection Agency
FR Federal Register
IP Implementation Procedures
MCM Minimum Control Measure
MSGP Multi-Sector General Permit, TXR050000
MS4 Municipal Separate Storm Sewer System
NOC Notice of Change
NOD Notice of Deficiency
NOI Notice of Intent
NOT Notice of Termination (to terminate coverage under a general permit)
NPDES National Pollutant Discharge Elimination System
SWMP Storm Water Management Program
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TPDES General Permit No. TXR040000
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SWP3, Storm Water Pollution Prevention Plan
SWPPP
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality
TPDES Texas Pollutant Discharge Elimination System
TWC Texas Water Code
Part II. Permit Applicability and Coverage
This general permit provides authorization for storm water and certain non-storm water discharges from small
municipal separate storm sewer systems (MS4) to surface water in the state. The general permit contains
requirements applicable to all small MS4s that are eligible for coverage under this general permit.
A. Small MS4s Eligible for Authorization by General Permit
1. Small MS4s Located in an Urbanized Area
A small MS4 that is fully or partially located within an urbanized area, as determined by the
2000 Decennial Census by the U.S. Bureau of Census, must obtain authorization for the
discharge of storm water runoff and is eligible for coverage under this general permit.
2. Designated Small MS4s
A small MS4 that is outside an urbanized area that is Adesignated@ by TCEQ based on
evaluation criteria as required by 40 CFR ' 122.32(a)(2) or 40 CFR ' 122.26(a)(1)(v) and
adopted by reference in Title 30, Texas Administrative Code (TAC), ' 281.25, is eligible for
coverage under this general permit. Following designation, operators of small MS4s must
obtain authorization under this general permit or apply for coverage under an individual
TPDES storm water permit within 180 days of notification of their designation.
The portion of the small MS4 that is required to meet the conditions of this general permit are those
portions that are located within the urbanized area, as well as any portion of the small MS4 that is
designated.
B. Allowable Non-Storm Water Discharges
The following non-storm water sources may be discharged from the small MS4 and are not required
to be addressed in the small MS4's Illicit Discharge and Detection or other minimum control
measures, unless they are determined by the permittee or the TCEQ to be significant contributors of
pollutants to the small MS4:
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TPDES General Permit No. TXR040000
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1. water line flushing (excluding discharges of hyperchlorinated water, unless the water is first
dechlorinated and discharges are not expected to adversely affect aquatic life);
2. runoff or return flow from landscape irrigation, lawn irrigation, and other irrigation utilizing
potable water, groundwater, or surface water sources;
3. discharges from potable water sources;
4. diverted stream flows;
5. rising ground waters and springs;
6. uncontaminated ground water infiltration;
7. uncontaminated pumped ground water;
8. foundation and footing drains;
9. air conditioning condensation;
10. water from crawl space pumps;
11. individual residential vehicle washing;
12. flows from wetlands and riparian habitats;
13. dechlorinated swimming pool discharges;
14. street wash water;
15. discharges or flows from fire fighting activities (fire fighting activities do not include
washing of trucks, run-off water from training activities, test water from fire suppression
systems, and similar activities);
16. other allowable non-storm water discharges listed in 40 CFR ' 122.26(d)(2)(iv)(B)(1);
17. non-storm water discharges that are specifically listed in the TPDES Multi Sector General
Permit (MSGP) or the TPDES Construction General permit (CGP); and
18. other similar occasional incidental non-storm water discharges, unless the TCEQ develops
permits or regulations addressing these discharges.
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TPDES General Permit No. TXR040000
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C. Limitations on Permit Coverage
1. Discharges Authorized by Another TPDES Permit
Discharges authorized by an individual or other general TPDES permit may be authorized
under this TPDES general permit only if the following conditions are met:
(a) the discharges meet the applicability and eligibility requirements for coverage under
this general permit;
(b) a previous application or permit for the discharges has not been denied, terminated,
or revoked by the executive director as a result of enforcement or water quality
related concerns. The executive director may provide a waiver to this provision
based on new circumstances at the regulated small MS4; and
(c) the executive director has not determined that continued coverage under an
individual permit is required based on consideration of an approved total maximum
daily loading (TMDL) model and implementation plan, anti-backsliding policy,
history of substantive non-compliance or other 30 TAC Chapter 205 considerations
and requirements, or other site-specific considerations.
2. Discharges of Storm Water Mixed with Non-Storm Water
Storm water discharges that combine with sources of non-storm water are not eligible for
coverage by this general permit, unless either the non-storm water source is described in Part
II.B or Part VI.B. of this general permit or the non-storm water source is authorized under a
separate TPDES permit.
3. Compliance with Water Quality Standards
Discharges to surface water in the state that would cause or contribute to a violation of water
quality standards or that would fail to protect and maintain existing designated uses are not
eligible for coverage under this general permit. The executive director may require an
application for an individual permit or alternative general permit to authorize discharges to
surface water in the state if the executive director determines that an activity will cause a
violation of water quality standards or is found to cause or contribute to the impairment of a
designated use of surface water in the state. The executive director may also require an
application for an individual permit considering factors described in Part II.E.2.
4. Discharges to Water Quality-Impaired Receiving Waters
New sources or new discharges of the constituent(s) of concern to impaired waters are not
authorized by this permit unless otherwise allowable under 30 TAC Chapter 305 and
applicable state law. Impaired waters are those that do not meet applicable water quality
standard(s) and are listed on the Clean Water Act ' 303(d) list. Constituents of concern are
those for which the water body is listed as impaired.
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Discharges of the constituent(s) of concern to impaired water bodies for which there is a
TMDL implementation plan are not eligible for this general permit unless they are consistent
with the approved TMDL and the implementation plan. Permitted MS4 operators must
incorporate the limitations, conditions and requirements applicable to their discharges,
including monitoring frequency and reporting required by TCEQ rules, into their SWMP in
order to be eligible for permit coverage. For discharges not eligible for coverage under this
general permit, the discharger must apply for and receive an individual TPDES permit prior
to discharging.
5. Discharges to the Edwards Aquifer Recharge Zone
Discharges of storm water from regulated small MS4s, and other non-storm water
discharges, can not be authorized by this general permit where those discharges are
prohibited by 30 TAC Chapter 213 (relating to Edwards Aquifer). New discharges located
within the Edwards Aquifer Recharge Zone, or within that area upstream from the recharge
zone and defined as the Contributing Zone, must meet all applicable requirements of, and
operate according to, 30 TAC Chapter 213 (Edwards Aquifer Rule) in addition to the
provisions and requirements of this general permit.
For existing discharges, the requirements of the agency-approved Water Pollution Abatement
Plan under the Edwards Aquifer Rules are in addition to the requirements of this general
permit. BMPs and maintenance schedules for structural storm water controls, for example,
may be required as a provision of the rule. All applicable requirements of the Edwards
Aquifer Rule for reductions of suspended solids in storm water runoff are in addition to the
effluent limitation requirements found in Part VI.D. of this general permit. A copy of the
agency-approved Water Pollution Abatement Plans that are required by the Edwards Aquifer
Rule must either be attached as a part of the SWMP or referenced in the SWMP. For
discharges located on or within ten stream miles upstream of the Edwards Aquifer recharge
zone, applicants must also submit a copy of the NOI to the appropriate TCEQ regional
office.
Counties: Contact:
Comal, Bexar, Medina, Uvalde, TCEQ
and Kinney Water Program Manager
San Antonio Regional Office
14250 Judson Road
San Antonio, Texas 78233-4480
(210) 490-3096
Williamson, Travis, and Hays TCEQ
Water Program Manager
Austin Regional Office
1921 Cedar Bend Drive, Suite 150
Austin, Texas 78758-5336
(512) 339-2929
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6. Discharges to Specific Watersheds and Water Quality Areas
Discharges of storm water from regulated small MS4s and other non-storm water discharges
can not be authorized by this general permit where prohibited by 30 TAC Chapter 311
(relating to Watershed Protection) for water quality areas and watersheds.
7. Protection of Streams and Watersheds by Home Rule Municipalities
This general permit does not limit the authority of a home-rule municipality provided by '
401.002 of the Texas Local Government Code.
8. Indian Country Lands
Storm water runoff from MS4s or construction activities occurring on Indian Country lands
are not under the authority of the TCEQ and are not eligible for coverage under this general
permit. If discharges of storm water require authorization under federal NPDES regulations,
authority for these discharges must be obtained from the U.S. Environmental Protection
Agency (EPA).
9. Other
Nothing in Part II of the general permit is intended to negate any person’s ability to assert the
force majeure (act of God, war, strike, riot, or other catastrophe) defenses found in 30 TAC '
70.7.
This permit does not transfer liability for the act of discharging without, or in violation of, a
NPDES or a TPDES permit from the operator of the discharge to the permittee(s).
D. Obtaining Authorization
1. Application for Coverage
When submitting an NOI and Storm Water Management Program (SWMP) as described in
Parts II.D.3., II.D.4, and Part III for coverage under this general permit, the applicant must
follow the public notice and availability requirements found in Part II.D.12. of this section.
Applicants seeking authorization to discharge under this general permit must submit a
completed NOI, on a form approved by the executive director, and a SWMP as described in
Part III. The NOI and SWMP must be submitted to the TCEQ Water Quality Division, at the
address specified on the form. Discharge authorization begins when the applicant is notified
by TCEQ that the NOI and SWMP have been administratively and technically reviewed and
the applicant has followed the public participation provisions in Part II.D.12. Following
review of the NOI and SWMP, the executive director may determine that: 1) the submission
is complete and confirm coverage by providing a notification and an authorization number,
2) the NOI and/or SWMP are incomplete and deny coverage until a complete NOI and/or
SWMP are submitted, 3) approve the NOI and/or SWMP with revisions and provide a
written description of the required revisions along with any compliance schedule(s), or 4)
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deny coverage and provide a deadline by which the MS4 operator must submit an application
for an individual permit. Denial of coverage under this general permit is subject to the
requirements of 30 TAC ' 205.4(c). Application deadlines are as follows:
(a) Small MS4s Located in an Urbanized Area
Operators of small MS4s described in Part II.A.1 must submit an NOI and SWMP
within 180 days following the effective date of this general permit.
(b) Designated Small MS4s
Operators of small MS4s described in Part II.A.2 must submit an NOI and SWMP
within 180 days of being notified in writing by the TCEQ of the need to obtain
permit coverage.
2. Late Submission of the NOI and SWMP
An NOI and SWMP are not prohibited from being submitted late or after the deadlines
provided. If a late NOI and SWMP is submitted, authorization is only for discharges that
occur after permit coverage is obtained. The TCEQ reserves the right to take appropriate
enforcement actions for any unpermitted discharges.
3. Storm Water Management Program (SWMP)
A SWMP must be developed and submitted with the NOI for eligible discharges that will
reach waters of the United States (U.S.), including discharges from the regulated small MS4
to other MS4s or privately-owned separate storm sewer systems that subsequently drain to
waters of the U.S. according to the requirements of Part III of this general permit and
submitted with the NOI. The SWMP must include a time line that demonstrates a schedule
for implementation of the program throughout the permit term. The program must be
completely implemented within five years of the issuance date of this general permit, or
within five years of being designated for those small MS4s which are designated following
permit issuance. Implementation of the SWMP is required immediately following receipt of
written authorization from the TCEQ.
Changes may be made to the SWMP during the permit term. Changes that are made to the
SWMP before the NOI is approved by the TCEQ must be submitted in a letter providing
supplemental information to the NOI. Changes to the SWMP that are made after TCEQ
approval of the NOI and SWMP may be made following written approval of the changes
from the TCEQ, except that written approval is not required for the following changes:
(a) Adding components, controls, or requirements to the SWMP; or replacing a BMP
with an equivalent BMP, may be made by the permittee at any time upon submittal
of a notice of change (NOC) form to the address specified on the form to the TCEQ.
(b) Replacing a less effective or infeasible BMP specifically identified in the SWMP
with an alternate BMP may be requested at any time. Changes must be submitted on
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an NOC form to the address specified on the form. Unless denied in writing by the
TCEQ, the change shall be considered approved and may be implemented by the
permittee 60 days from submitting the request. Such requests must include the
following:
(1) an explanation of why the BMP was eliminated;
(2) an explanation of the effectiveness of the replacement BMP; and
(3) an explanation of why the replacement BMP is expected to achieve the
goals of the replaced BMP.
4. Contents of the NOI
The NOI must contain the following minimum information:
(a) MS4 Operator Information
(1) the name, mailing address, telephone number, and fax number of the MS4
operator; and
(2) the legal status of the MS4 operator (e.g., federal government, state
government, county government, city government, or other government).
(b) Site Information
(1) the name, physical location description, and latitude and longitude of the
approximate center of the regulated portion of the small MS4;
(2) county or counties where the small MS4 is located;
(3) an indication if all or a portion of the small MS4 is located on Indian
Country Lands;
(4) if the applicant develops a seventh minimum control measure to obtain
authorization for construction activities, the boundary within which those
activities will occur;
(5) the name, mailing address, telephone number, and fax number of the
designated person(s) responsible for implementing or coordinating
implementation of the SWMP;
(6) a certification that a SWMP has been developed according to the provisions
of this permit;
(7) a statement that the applicant will comply with the Public Participation
requirements described in Part II.D.12.;
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(8) the name of each classified segment that receives discharges, directly or
indirectly, from the small MS4. If one or more of the discharge(s) is not
directly to a classified segment, then the name of the first classified segment
that those discharges reach shall be identified;
(9) the name of any MS4 receiving the discharge prior to discharge into surface
water in the state; and
(10) the name of all surface water(s) receiving discharges from the small MS4
that are on the latest EPA-approved CWA ' 303(d) list of impaired waters.
5. Notice of Change (NOC)
If the MS4 operator becomes aware that it failed to submit any relevant facts, or submitted
incorrect information in the NOI, the correct information must be provided to the executive
director in a NOC within 30 days after discovery. If any information provided in the NOI
changes, an NOC must be submitted within 30 days from the time the permittee becomes
aware of the change.
Any revisions that are made to the SWMP must be made in accordance with Part II.D.3.
above. Changes that are made to the SWMP following NOI approval must be made using an
NOC form, in accordance with Part II.D.3. above.
6. Change in Operational Control of a Small MS4
If the operational control of the regulated small MS4 changes, the present operator must
submit a Notice of Termination (NOT) and the new operator must submit a NOI and SWMP.
The NOT and NOI must be submitted concurrently no greater than 10 days after the change
occurs.
7. Notice of Termination (NOT)
A permittee may terminate coverage under this general permit by providing a Notice of
Termination (NOT) on a form approved by the executive director. Authorization to
discharge terminates at midnight on the day that an NOT is postmarked for delivery to the
TCEQ. If TCEQ provides for electronic submission of NOTs during the term of this permit,
authorization to discharge terminates 24 hours following confirmation of receipt of the
electronic NOT form by the TCEQ. An NOT must be submitted within 30 days after the
MS4 operator obtains coverage under an individual permit.
8. Signatory Requirement for NOI, NOT, NOC, and Waiver Forms
NOI, NOT, NOC, and Waiver forms must be signed and certified consistent with 30 TAC '
305.44(a) and (b) (relating to Signatories to Applications).
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9. Fees
An application fee of $100 must be submitted with each NOI. A fee is not required for
submission of a waiver form, an NOT, or an NOC.
A permittee authorized under this general permit must pay an annual Water Quality fee of
$100 under Texas Water Code, ' 26.0291 and 30 TAC Chapter 205 (relating to General
Permits for Waste Discharges).
10. Permit Expiration
(a) This general permit is effective for five years from the date of issuance.
Authorizations for discharge under the provisions of this general permit may
continue until the expiration date of the general permit. This general permit may be
amended, revoked, or canceled by the commission or renewed by the commission
for an additional term or terms not to exceed five years.
(b) If the Executive Director proposes to reissue this general permit before the
expiration date, the general permit shall remain in effect after the expiration date for
those existing discharges covered by the general permit in accordance with 30 TAC,
Chapter 205. The general permit shall remain in effect for these dischargers until the
date on which the commission takes final action on the proposal to reissue this
general permit. No new NOIs will be accepted and no new authorizations will be
processed under the general permit after the expiration date.
(c) Upon issuance of a renewed or amended general permit, all permittees, including
those covered under the expired general permit, may be required to submit an NOI
according to the requirements of the new general permit or to obtain a TPDES
individual permit for those discharges.
(d) If the commission does not propose to reissue this general permit within 90 days
before the expiration date, permittees must apply for authorization under a TPDES
individual permit or an alternative general permit. If the application for an
individual permit is submitted before the expiration date, authorization under this
expiring general permit remains in effect until the issuance or denial of an individual
permit.
11. Suspension of Permit Coverage
The executive director may suspend an authorization under this general permit for the
reasons specified in 30 TAC ' 205.4(d) by providing the discharger with written notice of
the decision to suspend that authority, and the written notice will include a brief statement of
the basis for the decision. If the decision requires an application for an individual permit or
an alternative general permit, the written notice will also include a statement establishing the
deadline for submitting an application. The written notice will state that the authorization
under this general permit is either suspended on the effective date of the commission's action
on the permit application, unless the commission expressly provides otherwise, or
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immediately, if required by the executive director.
12. Public Participation
An applicant under this general permit must adhere to the following procedures:
(a) The applicant must submit the NOI and a SWMP to the executive director.
(b) After the applicant receives written instructions from the TCEQ=s Office of Chief
Clerk, the applicant must publish notice of the executive director=s preliminary
determination on the NOI and SWMP.
(c) The notice must include:
(1) the legal name of the MS4 operator;
(2) identify whether the NOI is for a new small MS4 or is a renewal of an
existing operation;
(3) the address of the applicant;
(4) a brief summary of the information included in the NOI, such as the general
location of the small MS4 and a description of the classified receiving
waters that receive the discharges from the small MS4;
(5) the location and mailing address where the public may provide comments to
the TCEQ;
(6) the public location where copies of the NOI and SWMP, as well as the
executive director's general permit and fact sheet, may be reviewed; and
(7) if required by the executive director, the date, time, and location of the
public meeting.
(d) This notice must be published at least once in the newspaper of largest circulation in
the county where the small MS4 is located. If the small MS4 is located in multiple
counties, the notice must be published at least once in the newspaper of largest
circulation in the county containing the largest resident population. This notice shall
provide opportunity for the public to submit comments on the NOI and SWMP. In
addition, the notice shall allow the public to request a public meeting. A public
meeting will be held if the TCEQ determines that there is significant public interest.
(e) The public comment period begins on the first date the notice is published and ends
30 days later, unless a public meeting is held. If a public meeting is held, the
comment period will end at the closing of the public meeting. The public may
submit written comments to the TCEQ Office of Chief Clerk during the comment
period detailing how the NOI or SWMP for the small MS4 fails to meet the
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technical requirements or conditions of this general permit.
(f) If significant public interest exists, the executive director will direct the applicant to
publish a notice of the public meeting and to hold the public meeting. The applicant
must publish notice of a public meeting at least 30 days before the meeting and hold
the public meeting in a county where the small MS4 is located. TCEQ staff will
facilitate the meeting.
(g) If a public meeting is held, the applicant shall describe the contents of the NOI and
SWMP. The applicant shall also provide maps and other data on the small MS4.
The applicant shall provide a sign in sheet for attendees to register their names and
addresses and furnish the sheet to the executive director. A public meeting held
under this general permit is not an evidentiary proceeding.
(h) The applicant must file with the Chief Clerk a copy and an affidavit of the
publication of notice(s) within 60 days of receiving the written instructions from the
Office of Chief Clerk.
(i) The executive director, after considering public comment, shall approve, approve
with conditions, or deny the NOI based on whether the NOI and SWMP meet the
requirements of this general permit.
(j) Persons whose names and addresses appear legibly on the sign in sheet from the
public meeting and persons who submitted written comments to the TCEQ will be
notified by the TCEQ=s Office of Chief Clerk of the executive director=s decision
regarding the authorization.
E. Permitting Options
1. Authorization Under the General Permit
An operator of a small MS4 is required to obtain authorization either under this general
permit, or under an individual TPDES permit if it is located in an urbanized area or if it is
designated by the TCEQ. Multiple small MS4s with separate operators must individually
submit an NOI to obtain coverage under this general permit, regardless of whether the
systems are physically interconnected, located in the same urbanized area, or are located in
the same watershed. Each regulated small MS4 will be issued a distinct permit number.
These MS4 operators may combine or share efforts in meeting any or all of the SWMP
requirements stated in Part III of this general permit. MS4 operators that share SWMP
development and implementation must meet the following conditions:
(a) Participants
The SWMP must clearly list the name and permit number for each MS4 operator
that contributes to development or implementation of the SWMP, and provide
confirmation that the contributing MS4 operator has agreed to contribute. If a
contributing MS4 has submitted an NOI and SWMP to TCEQ, but has not yet
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received written notification of approval, along with the accompanying permit
authorization number, a copy of the submitted NOI form must be made readily
available or included in the SWMP.
(b) Responsibilities
Each permittee is entirely responsible for meeting SWMP requirements within the
boundaries of its MS4. Where a separate MS4 operator is contributing to
implementation of the SWMP, the SWMP must clearly define the contribution and
clearly identify the contributing MS4 operator.
2. Alternative Coverage under an Individual TPDES Permit
An MS4 operator eligible for coverage under this general permit may alternatively be
authorized under an individual TPDES permit according to 30 TAC Chapter 305 (relating to
Consolidated Permits). The executive director may require an MS4 operator, authorized by
this general permit, to apply for an individual TPDES permit because of: the conditions of an
approved TMDL or TMDL implementation plan; a history of substantive non-compliance; or
other 30 TAC Chapter 205 considerations and requirements; or other site-specific
considerations.
F. Waivers
The TCEQ may waive permitting requirements for small regulated MS4 operators if the criteria are
met for Waiver Option 1 or 2. To obtain Waiver Option 1, the MS4 operator must submit the request
on a waiver form provided by the executive director. To obtain Waiver Option 2, the MS4 operator
must contact the executive director and coordinate the activities required to meet the waiver
conditions. A provisional waiver from permitting requirements begins two days after a completed
waiver form is postmarked for delivery to the TCEQ. Following review of the waiver form, the
executive director may: 1) determine that the waiver form is complete and confirm coverage under
the waiver by providing a notification and a waiver number, 2) determine that the waiver form is
incomplete and deny the waiver until a completed waiver form is submitted, or 3) deny the waiver
and require that permit coverage be obtained.
If the conditions of either waiver are not met by the MS4 operator, then the MS4 operator must
submit an application for coverage under this general permit or a separate TPDES permit application.
The TCEQ can, at any time, require a previously waived MS4 operator to comply with this general
permit or another TPDES permit if circumstances change so that the conditions of the waiver are no
longer met. Changed circumstances can also allow a regulated MS4 operator to request a waiver at
any time.
1. Waiver Option 1: The system serves a population of less than 1,000 within an urbanized
area and meets the following criteria:
(a) the system is not contributing substantially to the pollutant loadings of a physically
interconnected MS4 that is regulated by the NPDES / TPDES storm water program
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(40 CFR ' 122.32(d)); and
(b) if the system discharges any pollutant(s) that have been identified as a cause of
impairment of any water body to which the small MS4 discharges, storm water
controls are not needed based on wasteload allocations that are part of an EPA
approved or established "total maximum daily load" (TMDL) that addresses the
pollutant(s) of concern.
2. Waiver Option 2: The system serves a population under 10,000 and meets the following
criteria:
(a) the TCEQ has evaluated all waters of the United States, including small streams,
tributaries, lakes, and ponds, that receive a discharge from the small MS4;
(b) for all such waters, the TCEQ has determined that storm water controls are not
needed based on wasteload allocations that are part of an approved or established
TMDL that addresses the pollutant(s) of concern or, if a TMDL has not been
developed or approved, an equivalent analysis that determines sources and
allocations for the pollutant(s) of concern; and
(c) the TCEQ has determined that future discharges from the small MS4 do not have the
potential to exceed Texas surface water quality standards, including impairment of
designated uses, or other significant water quality impacts, including habitat and
biological impacts.
Part III. Storm Water Management Program (SWMP)
To the extent allowable under state and local law, a SWMP must be developed and implemented according to
the requirements of Part III of this general permit, for storm water discharges that reach waters of the United
States, regardless of whether the discharge is conveyed through a separately operated storm sewer. The
SWMP must be developed to reduce the discharge of pollutants from the MS4 to the maximum extent
practicable (MEP), to protect water quality, and to satisfy the appropriate water quality requirements of the
Clean Water Act and the Texas Water Code. Existing programs or best management practices (BMPs) may
be used to fulfill the requirements of this general permit. The MS4 operator must develop the SWMP to
include the six minimum control measures described in Part III.A.1. through 6, and the operator may develop
and include the optional seventh minimum control measure in Part III.A.7. Small MS4s have five years from
the date of issuance of this general permit to fully implement their SWMP. A discharger=s compliance with
its approved SWMP will be deemed compliance with Part III of this permit.
Where the permittee lacks the authority to develop ordinances or to implement enforcement actions, the
permittee shall exert enforcement authority as required by this general permit for its facilities, employees, and
contractors. For discharges from third party actions, the permittee shall perform inspections and exert
enforcement authority to the MEP.
If the permittee does not have enforcement authority and is unable to meet the goals of this general permit
through its own powers, then, unless otherwise stated in this general permit, the permittee shall perform the
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following action in order to meet the goals of the permit:
• Enter into interlocal agreements with municipalities where the small MS4 is located. These interlocal
agreements must state the extent to which the municipality will be responsible for inspections and
enforcement authority in order to meet the conditions of this general permit; or,
• if the permittee is unable to enter into inter-local agreements, notify the TCEQ=s Field Operations
Division as needed to report discharges or incidents that it can not itself enforce against.
The controls and Best Management Practices (BMPs) included in the SWMP constitute effluent limitations
for the purposes of compliance with the requirements of 30 TAC Chapter 319, Subchapter B, related to
Hazardous Metals.
A. Minimum Control Measures
1. Public Education and Outreach on Storm Water Impacts
(a) A public education program must be developed and implemented to distribute
educational materials to the community or conduct equivalent outreach activities
that will be used to inform the public. The MS4 operator may determine the most
appropriate sections of the population at which to direct the program. The MS4
operator must consider the following groups and the SWMP shall provide
justification for any listed group that is not included in the program:
(1) residents;
(2) visitors;
(3) public service employees;
(4) businesses;
(5) commercial and industrial facilities; and
(6) construction site personnel.
The outreach must inform the public about the impacts that storm water run-off can
have on water quality, hazards associated with illegal discharges and improper
disposal of waste, and steps that they can take to reduce pollutants in storm water
runoff.
(b) The MS4 operator must document activities conducted and materials used to fulfill
this control measure. Documentation shall be detailed enough to demonstrate the
amount of resources used to address each group. This documentation shall be
retained in the annual reports required in Part IV.B.2. of this general permit.
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2. Public Involvement/Participation
The MS4 operator must, at a minimum, comply with any state and local public notice
requirements when implementing a public involvement/participation program. It is
recommended that the program include provisions to allow all members of the public within
the small MS4 the opportunity to participate in SWMP development and implementation.
Correctional facilities will not be required to implement this MCM.
3. Illicit Discharge Detection and Elimination
(a) Illicit Discharges
A section within the SWMP must be developed to establish a program to detect and
eliminate illicit discharges to the small MS4. The SWMP must include the manner
and process to be used to effectively prohibit illicit discharges. To the extent
allowable under state and local law, an ordinance or other regulatory mechanism
must be utilized to prohibit and eliminate illicit discharges. Elements must include:
(1) Detection
The SWMP must list the techniques used for detecting illicit discharges;
and
(2) Elimination
The SWMP must include appropriate actions and, to the extent allowable
under state and local law, establish enforcement procedures for removing
the source of an illicit discharge.
(b) Allowable Non-Storm Water Discharges
Non-storm water flows listed in Part II.B and Part VI.B. do not need to be
considered by the MS4 operator as an illicit discharge requiring elimination unless
the operator of the small MS4 or the executive director identifies the flow as a
significant source of pollutants to the small MS4. In lieu of considering non-storm
water sources on a case-by-case basis, the MS4 operator may develop a list of
common and incidental non-storm water discharges that will not be addressed as
illicit discharges requiring elimination. If developed, the listed sources must not be
reasonably expected to be significant sources of pollutants either because of the
nature of the discharge or the conditions that are established by the MS4 operator
prior to accepting the discharge to the small MS4. If this list is developed, then all
local controls and conditions established for these listed discharges must be
described in the SWMP and any changes to the SWMP must be included in the
annual report described in Part IV.B.2. of this general permit, and must meet the
requirements of Part II.D.3. of the general permit.
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(c) Storm Sewer Map
(1) A map of the storm sewer system must be developed and must include the
following:
(i) the location of all outfalls;
(ii) the names and locations of all waters of the U.S. that receive
discharges from the outfalls; and
(iii) any additional information needed by the permittee to implement
its SWMP.
(2) The SWMP must include the source of information used to develop the
storm sewer map, including how the outfalls are verified and how the map
will be regularly updated.
4. Construction Site Storm Water Runoff Control
The MS4 operator, to the extent allowable under State and local law, must develop,
implement, and enforce a program to reduce pollutants in any storm water runoff to the small
MS4 from construction activities that result in a land disturbance of greater than or equal to
one acre or if that construction activity is part of a larger common plan of development or
sale that would disturb one acre or more of land. The MS4 operator is not required to
develop, implement, and/or enforce a program to reduce pollutant discharges from sites
where the construction site operator has obtained a waiver from permit requirements under
NPDES or TPDES construction permitting requirements based on a low potential for
erosion.
(a) The program must include the development and implementation of, at a minimum,
an ordinance or other regulatory mechanism to require erosion and sediment
controls, as well as sanctions to ensure compliance, to the extent allowable under
state and local law.
(b) Requirements for construction site contractors to, at a minimum:
(1) implement appropriate erosion and sediment control BMPs; and
(2) control waste such as discarded building materials, concrete truck washout
water, chemicals, litter, and sanitary waste at the construction site that may
cause adverse impacts to water quality.
(c) The MS4 operator must develop procedures for:
(1) site plan review which incorporate consideration of potential water quality
impacts;
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(2) receipt and consideration of information submitted by the public; and
(3) site inspection and enforcement of control measures to the extent allowable
under state and local law.
5. Post-Construction Storm Water Management in New Development and Redevelopment
To the extent allowable under state and local law, the MS4 operator must develop,
implement, and enforce a program to address storm water runoff from new development and
redevelopment projects that disturb greater than or equal to one acre of land, including
projects less than one acre that are part of a larger common plan of development or sale that
will result in disturbance of one or more acres, that discharge into the small MS4. The
program must ensure that controls are in place that would prevent or minimize water quality
impacts. The permittee shall:
(a) Develop and implement strategies which include a combination of structural and/or
non-structural BMPs appropriate for the community;
(b) Use an ordinance or other regulatory mechanism to address post-construction runoff
from new development and redevelopment projects to the extent allowable under
state and local law; and
(c) Ensure adequate long-term operation and maintenance of BMPs.
6. Pollution Prevention/Good Housekeeping for Municipal Operations
A section within the SWMP must be developed to establish an operation and maintenance
program, including an employee training component, that has the ultimate goal of preventing
or reducing pollutant runoff from municipal operations.
(a) Good Housekeeping and Best Management Practices (BMPs)
Housekeeping measures and BMPs (which may include new or existing structural or
non-structural controls) must be identified and either continued or implemented with
the goal of preventing or reducing pollutant runoff from municipal operations.
Examples of municipal operations and municipally owned areas include, but are not
limited to:
(1) park and open space maintenance;
(2) street, road, or highway maintenance;
(3) fleet and building maintenance;
(4) storm water system maintenance;
(5) new construction and land disturbances;
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(6) municipal parking lots;
(7) vehicle and equipment maintenance and storage yards;
(8) waste transfer stations; and
(9) salt/sand storage locations.
(b) Training
A training program must be developed for all employees responsible for municipal
operations subject to the pollution prevention/good housekeeping program. The
training program must include training materials directed at preventing and reducing
storm water pollution from municipal operations. Materials may be developed, or
obtained from the EPA, states, or other organizations and sources. Examples or
descriptions of training materials being used must be included in the SWMP.
(c) Structural Control Maintenance
If BMPs include structural controls, maintenance of the controls must be performed
at a frequency determined by the MS4 operator and consistent with maintaining the
effectiveness of the BMP. The SWMP must list all of the following:
(1) maintenance activities;
(2) maintenance schedules; and
(3) long-term inspection procedures for controls used to reduce floatables and
other pollutants.
(d) Disposal of Waste
Waste removed from the small MS4 and waste that is collected as a result of
maintenance of storm water structural controls must be properly disposed. A section
within the SWMP must be developed to include procedures for the proper disposal
of waste, including:
(1) dredge spoil;
(2) accumulated sediments; and
(3) floatables.
(e) Municipal Operations and Industrial Activities
The SWMP must include a list of all:
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(1) municipal operations that are subject to the operation, maintenance, or
training program developed under the conditions of this section; and
(2) municipally owned or operated industrial activities that are subject to
TPDES industrial storm water regulations.
7. Authorization for Municipal Construction Activities
The development of a MCM for municipal construction activities is an optional measure and
is an alternative to the MS4 operator seeking coverage under TPDES general permit
TXR150000. Additionally, contractors working for the permittee are not required to obtain a
separate authorization if they do not meet the definition of a Aconstruction site operator,@ as
long as the permittee meets the status of construction site operator. Permittees that choose to
develop this measure will be authorized to discharge storm water and certain non-storm
water from construction activities where the permittee can meet the definition of
Aconstruction site operator@ in Part I of this general permit. The authorization to discharge
under this MCM is limited to the regulated area, such as the portion of the MS4 located
within an urbanized area or the area designated by TCEQ as requiring coverage. However,
an MS4 operator may also utilize this MCM over additional portions of their MS4 that are
also in compliance with all of the MCMs listed in this general permit. This MCM must be
developed as a part of the SWMP that is submitted with the NOI for permit coverage. If this
MCM is developed after submitting the initial NOI, a NOC must be submitted notifying the
executive director of this change, and identifying the geographical area or boundary where
the activities will be conducted under the provisions of this general permit. Utilization of
this MCM does not preclude a small MS4 from obtaining coverage under the TPDES
Construction General Permit, TXR150000, or under an individual TPDES permit.
(a) The MCM must include:
(1) a description of how construction activities will generally be conducted by
the permittee so as to take into consideration local conditions of weather,
soils, and other site specific considerations;
(2) a description of the area that this MCM will address and where the
permittee=s construction activities are covered (e.g. within the boundary of
the urbanized area, the corporate boundary, a special district boundary, an
extra territorial jurisdiction, or other similar jurisdictional boundary); and
(3) either a description of how the permittee will supervise or maintain
oversight over contractor activities to ensure that the SWP3 requirements
are properly implemented at the construction site; or how the permittee will
make certain that contractors have a separate authorization for storm water
discharges.
(4) a general description of how a SWP3 shall be developed, according to Part
VI.E. of this general permit, for each construction site.
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B. General Requirements
Permittees must provide documentation of the development, implementation, and evaluation of the
SWMP. The documentation must be included in the SWMP and may be required to be submitted in
the annual report required in Part IV.B.2. of this general permit. At a minimum, the documentation
must include:
1. a list of any public or private entities assisting with the development or implementation of
the SWMP;
2. a list of all BMPs and measurable goals for each of the MCMs;
3. a schedule for the implementation of all SWMP requirements;
4. a description of how each measurable goal will be evaluated;
5. a rationale statement that addresses the overall program, including how the BMPs and
measurable goals were selected; and
6. if applicable, a list of all MS4 operators contributing to the development and implementation
of the SWMP, including a clear description of the contribution.
Part IV. Recordkeeping and Reporting
A. Recordkeeping
1. The permittee must retain all records, a copy of this TPDES general permit, and records of
all data used to complete the application (NOI) for this general permit and satisfy the public
participation requirements, for a period of at least three years, or for the remainder of the
term of this general permit, whichever is longer. This period may be extended by request of
the executive director at any time.
2. The permittee must submit the records to the executive director only when specifically asked
to do so. The SWMP required by this general permit (including a copy of the general
permit) must be retained at a location accessible to the TCEQ.
3. The permittee must make the NOI and the SWMP available to the public if requested to do
so in writing. Copies of the SWMP must be made available within 10 working days of
receipt of a written request. Other records must be provided in accordance with the Texas
Public Information Act. However, all requests for records from federal facilities must be
made in accordance with the Freedom of Information Act.
4. The period during which records are required to be kept shall be automatically extended to
the date of the final disposition of any administrative or judicial enforcement action that
maybe instituted against the permittee.
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B. Reporting
1. General Reporting Requirements
(a) Noncompliance Notification
According to 30 TAC ' 305.125(9), any noncompliance which may endanger
human health or safety, or the environment, must be reported by the permittee to the
TCEQ. Report of such information must be provided orally or by electronic
facsimile transmission (FAX) to the TCEQ regional office within 24 hours of
becoming aware of the noncompliance. A written report must be provided by the
permittee to the TCEQ regional office and to the TCEQ Enforcement Division (MC-
224) within five working days of becoming aware of the noncompliance. The
written report must contain:
(1) a description of the noncompliance and its cause;
(2) the potential danger to human health or safety, or the environment;
(3) the period of noncompliance, including exact dates and times;
(4) if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and
(5) steps taken or planned to reduce, eliminate, and prevent recurrence of the
noncompliance, and to mitigate its adverse effects.
(b) Other Information
When the permittee becomes aware that it either submitted incorrect information or
failed to submit complete and accurate information requested in an NOI, NOT, or
NOC, or any other report, it must promptly submit the facts or information to the
executive director.
2. Annual Report
The MS4 operator must submit a concise annual report to the executive director within 90
days of the end of each permit year. The annual report must address the previous permit
year. The first permit year for annual reporting purposes shall begin on the date of permit
issuance, and shall last for one year. Subsequent calendar years will begin on the
anniversary date of permit issuance and last for one year. The MS4 operator must also make
a copy of the annual report readily available for review by TCEQ personnel upon request.
The report must include:
(a) The status of the compliance with permit conditions, an assessment of the
appropriateness of the identified BMPs, progress towards achieving the statutory
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goal of reducing the discharge of pollutants to the MEP, the measurable goals for
each of the MCMs, and an evaluation of the success of the implementation of the
measurable goals;
(b) Status of any additional control measures implemented by the permittee (if
applicable);
(c) Any MCM activities initiated before permit issuance may be included, under the
appropriate headings, as part of the first year=s annual report;
(d) A summary of the results of information (including monitoring data) collected and
analyzed, if any, during the reporting period used to assess the success of the
program at reducing the discharge of pollutants to the MEP;
(e) A summary of the storm water activities the MS4 operator plans to undertake during
the next reporting cycle;
(f) Proposed changes to the SWMP, including changes to any BMPs or any identified
measurable goals that apply to the program elements;
(g) The number of municipal construction activities authorized under this general permit
and the total number of acres disturbed;
(h) The number of non-municipal construction activities that occurred within the
jurisdiction of the permittee (as noticed to the permittee by the construction
operator); and
(i) Notice that the MS4 operator is relying on another government entity to satisfy some
of its permit obligations (if applicable).
An annual report must be prepared whether or not the NOI and SWMP has been approved by
the TCEQ. If the permittee has either not implemented the SWMP or not begun to
implement the SWMP because it has not received approval of the NOI and SWMP, then the
annual report may include that information.
If permittees share a common SWMP, all permittees must contribute to a system-wide report
(if applicable);
Each permittee must sign and certify the annual report in accordance with 30 TAC ' 305.128
(relating to Signatories to Reports); and
The annual report must be submitted to the following address:
Texas Commission on Environmental Quality
Storm Water & Pretreatment Team; MC - 148
P.O. Box 13087
Austin, Texas 78711-3087
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TPDES General Permit No. TXR040000
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A copy of the annual report must also be submitted to the TCEQ Regional Office that serves
the area of the regulated small MS4.
If available, electronic submission of annual reports is encouraged. The Federal Waste
Reduction Act and the Government Paperwork Elimination Act encourages governmental
agencies to use electronic submission. See the TCEQ website at, www.tceq.state.tx.us for
additional information and instructions.
Part V. Standard Permit Conditions
A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit
condition is a violation of the general permit and statutes under which it was issued, and is grounds
for enforcement action, for terminating coverage under this general permit, or for requiring a
discharger to apply for and obtain an individual TPDES permit.
B. Authorization under this general permit may be suspended or revoked for cause. Filing a notice of
planned changes or anticipated non-compliance by the permittee does not stay any permit condition.
The permittee must furnish to the executive director, upon request and within a reasonable timeframe,
any information necessary for the executive director to determine whether cause exists for revoking,
suspending, or terminating authorization under this general permit. Additionally, the permittee must
provide to the executive director, upon request, copies of all records that the permittee is required to
maintain as a condition of this general permit.
C. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt
or reduce the permitted activity to maintain compliance with the permit conditions.
D. Inspection and entry shall be allowed under Texas Water Code Chapters 26-28, Health and Safety
Code '' 361.032-361.033 and 361.037, and 40 Code of Federal Regulations (CFR) '122.41(i). The
statement in Texas Water Code ' 26.014 that commission entry of a facility shall occur according to
an establishment's rules and regulations concerning safety, internal security, and fire protection is not
grounds for denial or restriction of entry to any part of the facility or site, but merely describes the
commission's duty to observe appropriate rules and regulations during an inspection.
E. The discharger is subject to administrative, civil, and criminal penalties, as applicable, under Texas
Water Code, Chapters 26, 27, and 28, and the Texas Health and Safety Code, Chapter 361 for
violations including but not limited to the following:
a. negligently or knowingly violating CWA, '' 301, 302, 306, 307, 308, 318, or 405, or any
condition or limitation implementing any sections in a permit issued under CWA, ' 402; and
b. knowingly making any false statement, representation, or certification in any record or other
document submitted or required to be maintained under a permit, including monitoring
reports or reports of compliance or noncompliance.
F. All reports and other information requested by the executive director must be signed by the person
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TPDES General Permit No. TXR040000
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and in the manner required by 30 TAC ' 305.128 (relating to Signatories to Reports).
G. Authorization under this general permit does not convey property or water rights of any sort and does
not grant any exclusive privilege.
H. The permittee shall implement its SWMP on any new areas under its jurisdiction that are located in a
UA or that are designated by the TCEQ. Implementation of the SWMP in these areas is required
three (3) years from acquiring the new area, or five (5) years from the date of the original SWMP,
whichever is later.
Part VI. Authorization for Municipal Construction Activities
The MS4 operator may obtain authorization under TPDES general permit TXR150000 to discharge storm
water runoff from each construction activity performed by the MS4 operator that results in a land disturbance
of one (1) or more acres of land. Alternatively, the MS4 operator may develop the SWMP to include this
optional seventh (7th) storm water MCM if the eligibility requirements in Part VI.A. are met. If an MS4
operator decides to utilize this MCM, then the MS4 operator must include the MCM it in its SWMP submitted
with the NOI or submit an NOC notifying the executive director of the addition of this MCM to its SWMP.
The MS4 operator must identify the geographic area or boundary where the construction activities will be
conducted under the provisions of this general permit. If the small MS4 meets the terms and requirements of
this general permit, then discharges from these construction activities may be authorized under this general
permit as long as they occur within the regulated geographic area of the small MS4. An MS4 operator may
utilize this MCM over additional portions of their MS4 if those areas are also in compliance with all MCMs
listed in this general permit. Even if an MS4 operator has developed this optional seventh storm water MCM,
the MS4 operator may apply under TPDES general permit TXR150000 for authorization for particular
municipal construction activities including those activities that occur during periods of low potential for
erosion (for which no SWP3 must be developed).
A. Eligible Construction Sites
Discharges from construction activities within the regulated area where the MS4 operator meets the
definition of construction site operator are eligible for authorization under this general permit.
Discharges from construction activities outside of the regulated area, where the MS4 operator meets
the definition of construction site operator, are only eligible for authorization under this general
permit in those areas where the MS4 operator meets the requirements of Parts III.A.1. through III.A.6
of this general permit, related to MCMs.
B. Discharges Eligible for Authorization
1. Storm Water Associated with Construction Activity
Discharges of storm water runoff from small and large construction activities may be
authorized under this general permit.
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TPDES General Permit No. TXR040000
Page 33
2. Discharges of Storm Water Associated with Construction Support Activities
Discharges of storm water runoff from construction support activities, including concrete
batch plants, asphalt batch plants, equipment staging areas, material storage yards, material
borrow areas, and excavated material disposal areas may be authorized under this general
permit provided:
(a) the activity is located within a 1-mile distance from the boundary of the permitted
construction site and directly supports the construction activity;
(b) a storm water pollution prevention plan is developed according to the provisions of
this general permit and includes appropriate controls and measures to reduce erosion
and discharge of pollutants in storm water runoff from the supporting industrial
activity site; and
(c) the construction support activity either does not operate beyond the completion date
of the construction activity or obtains separate TPDES authorization for discharges
as required.
3. Non-storm Water Discharges
The following non-storm water discharges from construction sites authorized under this
general permit are also eligible for authorization under this MCM:
(a) discharges from fire fighting activities (fire fighting activities do not include
washing of trucks, run-off water from training activities, test water from fire
suppression systems, and similar activities);
(b) fire hydrant flushings;
(c) vehicle, external building, and pavement wash water where detergents and soaps are
not used and where spills or leaks of toxic or hazardous materials have not occurred
(unless all spilled material is removed)
(d) water used to control dust;
(e) potable water sources including waterline flushings;
(f) air conditioning condensate; and
(g) uncontaminated ground water or spring water, including foundation or footing
drains where flows are not contaminated with industrial materials such as solvents.
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TPDES General Permit No. TXR040000
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4. Other Permitted Discharges
Any discharge authorized under a separate TPDES or TCEQ permit may be combined with
discharges from construction sites operated by the small MS4.
C. Limitations on Permit Coverage
Discharges that occur after construction activities have been completed, and after the construction site
and any supporting activity site have undergone final stabilization, are not eligible for coverage under
Part VI of the general permit.
D. Numeric Effluent Limitations
All discharges of storm water runoff from concrete batch plants must be monitored at the following
monitoring frequency and comply with the following numeric effluent limitations:
Limitations Monitoring
Parameter Daily Maximum Frequency
Total Suspended Solids 65 mg/l 1/Year
Oil and Grease 15 mg/l 1/Year
pH between 6 and 9 standard units 1/Year
E. Storm Water Pollution Prevention Plan (SWP3)
Operators of municipal construction activities that qualify for coverage under this general permit and
that discharge storm water associated with construction activities that reach waters of the U.S. must:
1. develop a SWP3 according to the provisions of this general permit that covers the entire site
and begin implementation of that plan prior to commencing construction activities;
2. post a signed copy of the notice contained in Attachment 1 of this general permit in a
location at the construction site where it is readily available for viewing prior to commencing
construction activities and maintain the notice in that location until completion of the
construction activity and final stabilization of the site;
3. ensure the project specifications allow or provide that adequate BMPs may be developed and
modified as necessary to meet the requirements of this general permit and the SWP3;
4. ensure all contractors are aware of the SWP3 requirements, are aware that municipal
personnel are responsible for the day-to-day operations of the SWP3, and who to contact
concerning SWP3 requirements; and
5. ensure that the SWP3 identifies the municipal personnel responsible for implementation of
control measures described in the plan.
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TPDES General Permit No. TXR040000
Page 35
F. Effective Date of Coverage
Operators of construction activities eligible for coverage under this general permit are authorized to
discharge storm water associated with construction activity from a site 48 hours from the time that the
signed notice is posted at the site.
G. Deadlines for SWP3 Preparation and Compliance
The SWP3 must:
1. be completed and initially implemented prior to commencing construction activities that
result in soil disturbance;
2. be updated as necessary to reflect the changing conditions of new contractors, new areas of
responsibility, and changes in best management practices; and
3. provide for compliance with the terms and conditions of this general permit.
H. Plan Review and Making Plans Available
The SWP3 must be retained on-site at the construction site or made readily available at the time of an
on-site inspection to: the executive director; a federal, state, or local agency approving sediment and
erosion plans, grading plans, or storm water management plans; local government officials; and the
operator of a municipal separate storm sewer receiving discharges from the site.
I. Keeping Plans Current
The permittee must amend the SWP3 whenever:
1. there is a change in design, construction, operation, or maintenance that has a significant
effect on the discharge of pollutants and that has not been previously addressed in the SWP3;
or
2. results of inspections or investigations by site operators, authorized TCEQ personnel, or a
federal, state or local agency approving sediment and erosion plans indicate the SWP3 is
proving ineffective in eliminating or significantly minimizing pollutants in discharges
authorized under this general permit.
J. Contents of SWP3
The SWP3 must include, at a minimum, the information described in this section.
1. A site description, or project description, must be developed to include:
(a) a description of the nature of the construction activity, potential pollutants and
sources;
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TPDES General Permit No. TXR040000
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(b) a description of the intended schedule or sequence of major activities that will
disturb soils for major portions of the site;
(c) the number of acres of the entire construction site property and the total number of
acres of the site where construction activities will occur, including off-site material
storage areas, overburden and stockpiles of dirt, and borrow areas;
(d) data describing the soil type or the quality of any discharge from the site;
(e) a map showing the general location of the site (e.g. a portion of a city or county
map);
(f) a detailed site map indicating the following:
(1) drainage patterns and approximate slopes anticipated after major grading
activities;
(2) areas where soil disturbance will occur;
(3) areas which will not be disturbed;
(4) locations of all major structural controls either planned or in place;
(5) locations where stabilization practices are expected to be used;
(6) locations of off-site material, waste, borrow or equipment storage areas;
(7) surface waters (including wetlands) either adjacent or in close proximity;
and
(8) locations where storm water discharges from the site directly to a surface
water body.
(g) the location and description of asphalt plants and concrete plants (if any) providing
support to the construction site and that are also authorized under this general
permit;
(h) the name of receiving waters at or near the site that will be disturbed or that will
receive discharges from disturbed areas of the project; and
(i) a copy of Part VI of this TPDES general permit.
2. The SWP3 must describe the structural and the non-structural controls (best management
practices) that will be used to minimize pollution in runoff. The description must identify
the general timing or sequence for implementation and the party responsible for
implementation. At a minimum, the description must include the following components:
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TPDES General Permit No. TXR040000
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(a) Erosion and Sediment Controls
(1) Erosion and sediment controls must be designed to retain sediment on-site
to the maximum extent practicable with consideration for local topography
and rainfall.
(2) Control measures must be properly selected, installed, and maintained
according to the manufacturer=s or designer=s specifications. If periodic
inspections or other information indicates a control has been used
incorrectly, or that the control is performing inadequately, the operator must
replace or modify the control.
(3) Sediment must be removed from sediment traps and sedimentation ponds no
later than the time that design capacity has been reduced by 50%.
(4) If sediment escapes the site, accumulations must be removed at a frequency
to minimize further negative effects and, whenever feasible, prior to the
next rain event.
(5) Controls must be developed to limit offsite transport of litter, construction
debris, and construction materials by storm water runoff.
3. Stabilization Practices
The SWP3 must include a description of interim and permanent stabilization practices for the
site, including a schedule of when the practices will be implemented. Site plans should
ensure that existing vegetation is preserved where it is possible.
(a) Stabilization practices may include but are not limited to: establishment of
temporary vegetation, establishment of permanent vegetation, mulching, geotextiles,
sod stabilization, vegetative buffer strips, protection of existing trees and vegetation
and other similar measures.
(b) The following records must be maintained and either attached to or referenced in the
SWP3 and made readily available upon request to the parties in Part VI.H. of this
general permit:
(1) the dates when major grading activities occur;
(2) the dates when construction activities temporarily or permanently cease on a
portion of the site; and
(3) the dates when stabilization measures are initiated.
(c) Stabilization measures must be initiated as soon as practicable in portions of the site
where construction activities have temporarily or permanently ceased, and except as
provided in (1) through (3) below, must be initiated no more than fourteen (14) days
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TPDES General Permit No. TXR040000
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after the construction activity in that portion of the site has temporarily or
permanently ceased.
(1) Where the initiation of stabilization measures by the 14th day after
construction activity temporarily or permanently ceased is precluded by
snow cover or frozen ground conditions, stabilization measures must be
initiated as soon as practicable.
(2) Where the initiation of stabilization measures by the 14th day after
construction activity has temporarily or permanently ceased is precluded by
seasonably arid conditions, stabilization measures must be initiated as soon
as practicable. These conditions exist in arid areas (areas with an average
rainfall of 0 to 10 inches), semiarid areas (areas with an average annual
rainfall of 10 to 20 inches), and other areas experiencing droughts.
(3) Where construction activity on a portion of the site is temporarily ceased
and earth disturbing activities will be resumed within twenty-one (21) days,
temporary stabilization measures do not have to be initiated on that portion
of site.
4. Structural Control Practices
The SWP3 must include a description of any structural control practices used to divert flows
away from exposed soils, to limit the contact of runoff with disturbed areas, or to lessen the
off-site transport of eroded soils.
(a) Sediment basins are required, where feasible, for common drainage locations that
serve an area with ten (10) or more acres that remain disturbed at any one time.
Sediment basins may be either temporary or permanent, but must be designed to
store either the calculated volume of runoff from a 2 year, 24 hour storm from
acreage drained, or designed to provide 3,600 cubic feet of storage per acre drained.
When calculating the volume of runoff from a 2-year, 24-hour storm event, it is not
required to include the flows from offsite areas and flow from onsite areas that are
either undisturbed or have already undergone final stabilization, if these flows are
diverted around both the disturbed areas of the site and the sediment basin. In
determining whether installing a sediment basin is feasible, the permittee may
consider factors such as site soils, slope, available area on site, public safety, and
other similar considerations. Where sediment basins are not feasible, equivalent
control measures, which may include a series of smaller sediment basins, must be
used. At a minimum, silt fences, vegetative buffer strips, or equivalent sediment
controls are required for all down slope boundaries (and for those side slope
boundaries deemed appropriate as dictated by individual site conditions) of the
construction area.
(b) Sediment traps and sediment basins may be used to control solids in storm water
runoff for drainage locations serving less than ten (10) acres. At a minimum, silt
fences, vegetative buffer strips, or equivalent sediment controls are required for all
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TPDES General Permit No. TXR040000
Page 39
down slope boundaries (and for those side slope boundaries deemed appropriate as
dictated by individual site conditions) of the construction. Alternatively, a sediment
basin providing storage for a calculated volume of runoff from these areas for a 2-
year, 24- hour storm or 3,600 cubic feet of storage per acre drained may be
provided.
5. Permanent Storm Water Controls
A description of any measures that will be installed during the construction process to
control pollutants in storm water discharges that will occur after construction operations have
been completed must be included in the SWP3. Permittees are only responsible for the
installation and maintenance of storm water management measures prior to final stabilization
of the site .
6. Other Controls
(a) Off-site vehicle tracking of sediments and the generation of dust must be minimized.
(b) The SWP3 must include a description of construction and waste materials expected
to be stored on-site and a description of controls to reduce pollutants from these
materials.
(c) The SWP3 must include a description of pollutant sources from areas other than
construction (including storm water discharges from dedicated asphalt plants and
dedicated concrete plants), and a description of controls and measures that will be
implemented at those sites to minimize pollutant discharges.
7. Approved State and Local Plans
(a) Permittees must ensure the SWP3 is consistent with requirements specified in
applicable sediment and erosion site plans or site permits, or storm water
management site plans or site permits approved by federal, state, or local officials.
(b) SWP3s must be updated as necessary to remain consistent with any changes
applicable to protecting surface water resources in sediment erosion site plans or site
permits, or storm water management site plans or site permits approved by state or
local official for which the permittee receives written notice.
8. Maintenance
All erosion and sediment control measures and other protective measures identified in the
SWP3 must be maintained in effective operating condition. If through inspections the
permittee determines that BMPs are not operating effectively, maintenance must be
performed before the next anticipated storm event or as necessary to maintain the continued
effectiveness of storm water controls. If maintenance prior to the next anticipated storm
event is impracticable, maintenance must be scheduled and accomplished as soon as
practicable.
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9. Inspections of Controls
(a) Personnel provided by the permittee and familiar with the SWP3 must inspect
disturbed areas of the construction site that have not been finally stabilized, areas
used for storage of materials that are exposed to precipitation, all structural control
measures for effectiveness and necessary maintenance, and locations where vehicles
enter or exit the site for evidence of off-site tracking. Inspections must occur at least
once every fourteen (14) calendar days and within twenty four (24) hours of the end
of a storm event of 0.5 inches or greater. As an alternative, the SWP3 may be
developed to require that these inspections will occur at least once every seven (7)
calendar days; in which case additional inspections are not required following each
qualifying storm event. If this alternative schedule is developed, the inspection must
occur on a specifically defined day, regardless of whether or not there has been a
rainfall event since the previous inspection.
Where sites have been finally or temporarily stabilized, where runoff is unlikely due
to winter conditions (e.g. site is covered with snow, ice, or frozen ground exists), or
during seasonal arid periods in arid areas (areas with an average annual rainfall of 0
to 10 inches) and semi-arid areas (areas with an average annual rainfall of 10 to 20
inches), inspections must be conducted at least once every month.
(b) Personnel provided by the permittee and familiar with the SWP3 must inspect all
accessible discharge locations to determine if erosion control measures are effective
in preventing visually noticeable changes to receiving waters, including persistent
cloudy appearance in water color and noticeable accumulation of sediments.
Where discharge locations are inaccessible, nearby downstream locations must be
inspected to the extent that such inspections are practicable. The frequency for these
inspections must be established by the permittee in the SWP3 with consideration for
local rainfall and soil, but must occur at least once during the construction activity if
a discharge occurs.
(c) The SWP3 must be modified based on the results of inspections, as necessary, to
better control pollutants in runoff. Revisions to the SWP3 must be completed within
seven (7) calendar days following the inspection. If existing BMPs are modified or
if additional BMPs are necessary, an implementation schedule must be described in
the SWP3 and wherever possible those changes implemented before the next storm
event. If implementation before the next anticipated storm event is impracticable,
these changes must be implemented as soon as practicable.
(d) A report summarizing the scope of the inspection, names and qualifications of
personnel making the inspection, the dates of the inspection, and major observations
relating to the implementation of the SWP3 must be made and retained as part of the
SWP3. Major observations should include: the locations of discharges of sediment
or other pollutants from the site; locations of BMPs that need to be maintained;
locations of BMPs that failed to operate as designed or proved inadequate for a
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particular location; and locations where additional BMPs are needed.
(e) Actions taken as a result of inspections must be described within, and retained as a
part of, the SWP3. Reports must identify any incidents of non-compliance. Where
a report does not identify any incidents of non-compliance, the report must contain a
certification that the facility or site is in compliance with the SWP3 and this permit.
10. The SWP3 must identify and ensure the implementation of appropriate pollution prevention
measures for all eligible non-storm water components of the discharge.
K. Additional Retention of Records
The permittee must retain the following records for a minimum period of three (3) years from the
date that final stabilization has been achieved on all portions of the site. Records include:
1. a copy of the SWP3; and
2. all reports and actions required by this general permit, including a copy of the site notice.
Town Council 103 of 206 Meeting Date: May 2, 2011
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Attachment 1
CONSTRUCTION SITE NOTICE
FOR THE
Texas Commission on Environmental Quality
Storm Water Program
TPDES GENERAL PERMIT TXR040000
The following information is posted in compliance with Part VI of the Texas Commission on Environmental Quality’s
(TCEQ) TPDES General Permit Number TXR040000 for discharges of storm water runoff from construction sites that are
operated by small municipal separate storm sewer system operators. Additional information regarding the TCEQ storm
water permit program may be found on the internet at: www.tceq.state.tx.us
Permit Number:
TXR04 __________
Contact Name and Phone Number:
Project Description:
(Including estimated start date and either
the projected end date, or date that
disturbed soils will be finally
stabilized)
Location of Storm Water Pollution
Prevention Plan (SWP3):
I, (Typed or Printed Name Person Completing This Certification) certify under
penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part VI of
TPDES General Permit TXR040000. A storm water pollution prevention plan has been developed and implemented
according to permit requirements. I am aware there are significant penalties for providing false information or for
conducting unauthorized discharges, including the possibility of fine and imprisonment for knowing violations.
Signature Date
Town Council 104 of 206 Meeting Date: May 2, 2011
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Meeting Date: May 2, 2011
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 17, 2008
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
March 17, 2008. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Susan Edstrom Mayor Pro Tem
Pam Cates Council Member
Jim Moss Council Member
Philip Sterling Council Member
TOWN COUNCIL MEMBERS ABSENT:
Kathleen Wilson Council Member
D.4 Discuss and take appropriate action to amend Chapter 3, Article XV of the Code of
Ordinances of the Town, entitled "Swimming Pools"; by amending Section 15.01
“Definitions”, Section 15.02 “Applicability and Prohibited Conduct”, and Section 15.04 (I)
“Draining of Swimming Pools”, and providing an effective date.
Town Manager Emmons referenced the Storm Water Management Plan adopted by Council in
February and the discussions regarding pool discharge and backwash requirements mandated by
TCEQ. Staff was previously advised by TCEQ that filtered backwash of pools is considered elicit
and unauthorized. As of Friday, March 14, 2008, TCEQ informed Town Staff that elicit discharge
would not be considered unauthorized. Town Manager Emmons asked the Council to determine
if they are going to set policy for pool compliance now or wait until the State mandates. Emmons
recommended Council not take action tonight and wait until staff receives the additional
information they have requested from TCEQ.
Council member Cates would like to wait until the State mandates and requested TCEQ submit
their decision in writing to the Town. Mayor Pro Tem Edstrom is frustrated that Staff is receiving
two different stories form TCEQ and requested a representative speak to the Council on record.
Mayor Sanders acknowledged the Cities of Arlington, Grapevine, Farmers Branch and Southlake
have adopted similar ordinances.
Larry Hoover, 1118 Berkshire Court – Spoke against this Ordinance and is upset with the
information previously provided by staff regarding this issue.
Peggy Sweeney, 51 Meadowbrook – Thanked the Council and staff who worked on the revisions
to the proposed Ordinance.
J.D. Harvey, 5 Sunrise Court – Spoke against this Ordinance.
Ryan Chitwood, 10 Overhill Drive – Expressed disappointment that Council would consider
waiting for State mandates to approve.
Council member Moss defended the Council advising they reviewed the information provided and
proceeded according to legal requirements.
Town Council 106 of 206 Meeting Date: May 2, 2011
Motion made by Edstrom, seconded by Moss to refer to a date uncertain. Motion passed
unanimously without any further discussion.
MINUTES OF A BUDGET WORKSHOP/REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, August 18, 2008
5:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
August 18, 2008. The meeting was held within the boundaries of the Town and was open to the
public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Philip Sterling Mayor Pro Tem
Susan Edstrom Council Member
Jim Moss Council Member
Kathleen Wilson Council Member
Glenn Strother Council Member
D.3 Discuss and take appropriate action regarding an amendment to Chapter 3, Article
XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; by
amending Section 15.01 "Definitions", Section 15.02 "Applicability and Prohibited
Conduct", and Section 15.04 (I) "Draining of Swimming Pools", and providing an
effective date.
Town Manager Emmons gave a brief history of this Ordinance.
Donna Curtis, 315 Inverness - Questioned the concept and specifics of the Ordinance.
Ryan Chitwood,10 Overhill Drive - Spoke in favor of the Ordinance.
Lois Bowman, 11 Overhill Drive – Spoke against the Ordinance.
Frank Folger, 13 Overhill Drive – Spoke against the Ordinance.
Ruth Ellen Campell, 11 Overhill Drive – Spoke against the Ordinance.
Motion made by Edstrom; seconded by Strother to approve an amendment to Chapter 3,
Article XV of the Code of Ordinances of the Town, entitled "Swimming Pools"; and add the
date of June 15, 2010 to comply with subsection 1 above or to obtain a Compliance Permit in
accordance with subsection 3 below.
Council member Edstrom commented that this Ordinance first came before the Council in
January, but TCEQ provided conflicting information. Council member Edstrom and Mayor
Pro Tem Sterling both agreed that the residents have enough time to save money to
implement the changes required by ordinance.
Council member Wilson supports Mr. Chitwood’s endeavors concerning these amendments.
Town Council 107 of 206 Meeting Date: May 2, 2011
Council member Moss said that given the TCEQ mandates this is the direction the Town has
to go.
Council member Strother said that he understands Mr. Chitwood’s concern, but would like the
Ordinance to have more flexibility regarding the pool size and placement in the yard.
Council member Edstrom asked that the Environmental Coordinator be made aware that this
section needs amended with the annual TCEQ filings.
Town Manager Emmons explained the non-compliance form and gave four retro-fitting options for
compliance.
Motion carried 4:1, with Strother opposing.
Town Council 108 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3 THE CODE OF ORDINANCES ENTITLED
“BUILDINGS AND CONSTRUCTION” OF ARTICLE XV, ENTITLED
“SWIMMING POOLS” BY AMENDING SECTION 15.02
“APPLICABILITY AND PROHIBITED CONDUCT”, AND BY AMENDING
SECTION 15.04 (I) “DRAINING OF SWIMMING POOLS” AND 15.04 (K)
“CLARITY OF WATER”; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR
ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule municipality acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution; and
WHEREAS, on April 16, 2007, the Town Council adopted Ordinance No.2007-
16, establishing “Swimming Pool Regulations” for the Town of Trophy Club, Texas; and
WHEREAS, based upon information provided by the Texas Commission on
Environmental Quality, the Town has determined that regulations regarding discharge of
backwash and wastewater from swimming pools may be addressed differently than the
method provided in the current provisions regulating swimming pools;
WHEREAS, the provisions contained herein are consistent with current law and
standards regulating discharges from swimming pools and serve to protect the health,
safety, and welfare of the citizens of the Town; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes the
need to protect the environment; and
WHEREAS, the Town Council has determined it appropriate to amend Sections
15.02 and 15.04 of Article XV of Chapter 3 as more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations established
herein are in the best interest of the health, safety and general welfare of the citizens of
the Town.
Town Council 109 of 206 Meeting Date: May 2, 2011
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that subsections (A) and (E) of
Section 15.02, entitled “Applicability and Prohibited Conduct” shall read in their entirety
as follows and all other subsections of Section 15.02 shall remain the same:
“Section 15.02 Applicability and Prohibited Conduct
A. This Article shall be applicable to all new swimming pools and spas hereafter
constructed, erected, or maintained, and shall also apply to all existing pools and
spas which have a depth greater than twenty four inches (24”) of water at any
point, unless otherwise expressly provided herein, including without limitation, the
exclusion provided in Section 15.04 (I)(2) for pools built or permitted prior to July
1, 2005. It shall be unlawful for any person to violate any provision of this Article.
E. It shall be unlawful for any Person owning, leasing, claiming, occupying or
having supervision or control of any swimming pool that is subject to the
provisions of this Article to permit the drainage of any swimming pool filter
backwash and/or spent diatomaceous earth to the storm drainage system, to
surface waters, or to adjacent public or private property.”
2.02 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Section (I), entitled
“Draining of Swimming Pools” of Section 15.04 entitled “Swimming “Pools” is hereby
amended to be and read in its entirety as follows:
“Section 15.04 Swimming Pools
I. Draining of Swimming Pools
1. On any new swimming pool permitted on or after June 24, 2005, all
backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system. An indirect connection shall be made by means of
an air break discharging into a tail piece installed a minimum of 6” or 152
Town Council 110 of 206 Meeting Date: May 2, 2011
mm above adjacent grade. The tailpiece shall be connected to a minimum
3” or 76 mm p-trap not less than 12” (304 mm) below grade which
discharges into the yard cleanout riser.
2. Owners of existing pools (pools built or permitted prior to July 1, 2005) are
not required by this Ordinance to retrofit the pool equipment and tie into the
sanitary sewer.
3. Failure to comply with this Section shall be unlawful and shall constitute a
violation of this Article.”
2.03 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Subsection 5 of Section
(K), entitled “Clarity of Water” of Section 15.04 entitled “Swimming “Pools” is hereby
amended to be and read in its entirety as follows:
“K. Clarity of Water
5. Wastewater from a swimming pool that is subject to the provisions of this
Article shall be discharged into a sanitary sewer. There shall be no direct
physical connection between the sewer system and any drain from the
swimming pool or circulations system.
2.03 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Subsection 6 of Section
(K), entitled “Clarity of Water” of Section 15.04 entitled “Swimming “Pools” is hereby
repealed in its entirety.
“K. Clarity of Water
”
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances affecting swimming
pool regulations and shall not repeal any of the provisions of such Ordinances, whether
codified or uncodified, except for those instances where there are direct conflicts with
the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance. Provided however,
that any complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to any such Ordinance on the date of adoption of this Ordinance shall
continue to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
Deleted: 6. Alternative equivalent
methods of wastewater disposal may
be approved by the Director of
Community Development if the
Director finds that the alternative
method of disposal proposed would
not create a public health hazard or
public nuisance or violate any
ordinance, state or federal law, rule or
regulation. Wastewater disposal
which creates a public health hazard
or public nuisance is prohibited.
Town Council 111 of 206 Meeting Date: May 2, 2011
.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting swimming
pool regulations which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the ordinance records of the Town and as required by
Charter.
SECTION 9.
EFFECTIVE DATE
Town Council 112 of 206 Meeting Date: May 2, 2011
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 18th day
of April, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 113 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 3 THE CODE OF ORDINANCES ENTITLED
“BUILDINGS AND CONSTRUCTION” OF ARTICLE XV, ENTITLED
“SWIMMING POOLS” BY AMENDING SECTIONS 15.04 (I) “DRAINING
OF SWIMMING POOLS” AND 15.04 (K) “CLARITY OF WATER”;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a
Home Rule municipality acting under its charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution; and
WHEREAS, the Town Council has determined it appropriate to amend Sections
15.02 and 15.04 of Article XV of Chapter 3 as more fully set forth herein; and
WHEREAS, the Town Council hereby finds that the regulations established
herein are in the best interest of the health, safety and general welfare of the citizens of
the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated
into the body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
2.01 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances
of the Town of Trophy Club, Texas, is hereby amended, so that Section (I), entitled
“Draining of Swimming Pools” of Section 15.04 entitled “Swimming “Pools” is hereby
amended to be and read in its entirety as follows:
Town Council 114 of 206 Meeting Date: May 2, 2011
“Section 15.04 Swimming Pools
I. Draining of Swimming Pools
1. With the exception of Section 15.02 I. 3, all backwash or drainage from a
swimming pool shall discharge into the sanitary sewer system. An indirect
connection shall be made by means of an air break discharging into a tail
piece installed a minimum of 6” or 152 mm above adjacent grade. The
tailpiece shall be connected to a minimum 3” or 76 mm p-trap not less than
12” (304 mm) below grade which discharges into the yard cleanout riser.
2. Owners of pools built or permitted prior to July 1, 2005 shall have until June
15, 2010 to comply with subsection 1 above or to obtain a Compliance
Permit in accordance with subsection 3 below.
3. As an alternative to meeting the requirements of subsection 1 above,
Owners of pools built or permitted prior to July 1, 2005, may obtain a
Compliance Permit for an alternate disposal process for all swimming pool
backwash. The Compliance Permit may be obtained from the Town’s
Permitting Department. The Compliance Permit shall not allow for any
backwash or drainage water to be pumped or drained directly or indirectly to
adjacent public or private property, including without limitation, streets,
storm sewers or surface waters. The Compliance Permit may allow for
drainage if drainage remains on the Permittee’s property and Permittee
properly disposes of all filter backwashes into the trash. Additionally, the
Compliance Permit may allow for the drainage of de-chlorinated water to the
curb and gutter.
4. Failure to comply with this Section shall be unlawful and shall constitute a
violation of this Article.
2.02 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Subsection 5 of Section
(K), entitled “Clarity of Water” of Section 15.04 entitled “Swimming “Pools” is hereby
repealed in its entirety:
“K. Clarity of Water
2.03 Article XV, entitled “Swimming Pools” of Chapter 3 of the Code of Ordinances of
the Town of Trophy Club, Texas, is hereby amended, so that Subsection 6 of Section
(K), entitled “Clarity of Water” of Section 15.04 entitled “Swimming “Pools” is hereby
repealed in its entirety.
Deleted: A
Deleted: approval
Deleted: An
Deleted: application for approval of
an alternate disposal process
Deleted: as required by the
Compliance Permit
Deleted: in accordance with the
requirements of the Compliance
Permit
Deleted: 5. Wastewater from a
swimming pool shall be discharged
into a sanitary sewer. There shall be
no direct physical connection
between the sewer system and any
drain from the swimming pool or
circulations system.” ¶
Town Council 115 of 206 Meeting Date: May 2, 2011
“K. Clarity of Water
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances affecting swimming
pool regulations and shall not repeal any of the provisions of such Ordinances, whether
codified or uncodified, except for those instances where there are direct conflicts with
the provisions of this Ordinance. Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby
repealed to the extent that they are inconsistent with this Ordinance. Provided however,
that any complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to any such Ordinance on the date of adoption of this Ordinance shall
continue to be governed by the provisions of such Ordinance and for that purpose the
Ordinance shall remain in full force and effect.
SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting swimming
pool regulations which have secured at the time of the effective date of this Ordinance;
and, as to such accrued violations and all pending litigation, both civil and criminal,
whether pending in court or not, under such Ordinances same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
Deleted: 6. Alternative equivalent
methods of wastewater disposal may
be approved by the Director of
Community Development if the
Director finds that the alternative
method of disposal proposed would
not create a public health hazard or
public nuisance or violate any
ordinance, state or federal law, rule or
regulation. Wastewater disposal
which creates a public health hazard
or public nuisance is prohibited.”
Town Council 116 of 206 Meeting Date: May 2, 2011
SECTION 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
SECTION 8.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in the ordinance records of the Town and as required by
Charter.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas this the 18th day
of April, 2011.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 117 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-210-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/13/2011 Town Council
On agenda:Final action:
Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of
Trophy Club, Texas, amending Resolution No. 2010-22 appointing citizens to the Boards and
Commissions; providing for the appointments of citizen volunteers to serve on the Citizens Financial
Advisory Board and the Ethics Commission; designating terms of service; and providing an effective
date.
Attachments:CFAB Applicants.pdf
Ethics Applications.pdf
RES 2011-08 Amending 2010-22.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas,
amending Resolution No. 2010-22 appointing citizens to the Boards and Commissions; providing for the
appointments of citizen volunteers to serve on the Citizens Financial Advisory Board and the Ethics Commission;
designating terms of service; and providing an effective date.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active live style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council 118 of 206 Meeting Date: May 2, 2011
Town Council 119 of 206 Meeting Date: May 2, 2011
Town Council 120 of 206 Meeting Date: May 2, 2011
Town Council 121 of 206 Meeting Date: May 2, 2011
Town Council 122 of 206 Meeting Date: May 2, 2011
Town Council 123 of 206 Meeting Date: May 2, 2011
Town Council 124 of 206 Meeting Date: May 2, 2011
Town Council 125 of 206 Meeting Date: May 2, 2011
Town Council 126 of 206 Meeting Date: May 2, 2011
Town Council 127 of 206 Meeting Date: May 2, 2011
Town Council 128 of 206 Meeting Date: May 2, 2011
Town Council 129 of 206 Meeting Date: May 2, 2011
Town Council 130 of 206 Meeting Date: May 2, 2011
Town Council 131 of 206 Meeting Date: May 2, 2011
Town Council 132 of 206 Meeting Date: May 2, 2011
Town Council 133 of 206 Meeting Date: May 2, 2011
Town Council 134 of 206 Meeting Date: May 2, 2011
Town Council 135 of 206 Meeting Date: May 2, 2011
Town Council 136 of 206 Meeting Date: May 2, 2011
Town Council 137 of 206 Meeting Date: May 2, 2011
Town Council 138 of 206 Meeting Date: May 2, 2011
Town Council 139 of 206 Meeting Date: May 2, 2011
Town Council 140 of 206 Meeting Date: May 2, 2011
Town Council 141 of 206 Meeting Date: May 2, 2011
Town Council 142 of 206 Meeting Date: May 2, 2011
Town Council 143 of 206 Meeting Date: May 2, 2011
Town Council 144 of 206 Meeting Date: May 2, 2011
Town Council 145 of 206 Meeting Date: May 2, 2011
Town Council 146 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011-08
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2010-22
APPOINTING CITIZENS TO BOARDS AND COMMISSIONS;
PROVIDING FOR THE APPOINTMENTS OF CITIZEN VOLUNTEERS
TO SERVE ON THE CITIZENS FINANCIAL ADVISORY BOARD AND
THE ETHICS COMMISSION; DESIGNATING TERMS OF SERVICE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to Town Boards and Commissions, and pursuant to Town
policies, appointments are typically made annually to fill expiring terms unless a
resignation requires the filling of a vacancy mid-year; and
WHEREAS, the Town of Trophy Club previously adopted Resolution No. 2010-
22 on September 27, 2010 appointing one (1) Town Council Liaison to serve on the
Economic Development Corporation 4A, appointing one (1) Town Council Liaison to
serve on the Economic Development Corporation 4B, and appointing one (1) Town
Council Liaison to serve on the Parks and Recreation Board; and appointing citizens to
serve on EDC 4A, EDC 4B, Parks and Recreation Board, Planning and Zoning
Commission, Tree Board and Zoning Board of Adjustment to fill terms expiring during
the 2010-2011 fiscal year; and
WHEREAS, since the passage of Resolution No. 2010-22, the Council has
established additional Boards and Commissions for which it now seeks to appoint
volunteers to serve and which therefore necessitate an amendment to Resolution No.
2010-22; and
WHEREAS, by passage of this Resolution, the Town Council hereby amends
Resolution No. 2010-22 making citizen volunteer appointments for the newly
established Citizens Financial Advisory Board and Ethics Commission reaffirming
current appointments.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That Resolution No. 2010-22, is amended as set forth below and
that all other provisions of Resolution 2010-22 remain in effect as previously adopted by
the Town Council.
Town Council 147 of 206 Meeting Date: May 2, 2011
Section 2. That the Town Council hereby appoints the following individuals to
serve on the Boards and Commissions specified herein with respective terms of service
ending on September 30 of the year set forth below for each individual:
Citizen Financial Advisory Board
1. Kathy Carlton (2012) 4.Jim Hase (2014)
2. Michael Buck (2013) 5.Bob Hill (2014)
3. Amanda McGough (2013)
Ethics Commission
1. Ronald Eddins (2012) 4.Tom Setser (2014) Alternate
2. Jennifer Rauch (2013) 5.Ralph Scoggins (2014) Alternate
3. Bob Downey (2014)
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 2nd day of May 2011.
______________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
____________________________________
Shannon DePrater, Town Secretary
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
____________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council 148 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-224-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Consider and take appropriate action regarding a Resolution ratifying the Trophy Club Reserve Police
Force Program and the appointment of the Reserve Force by the Chief of Police; and providing an
effective date.
Attachments:Reserve Ratification Memo.pdf
RES 2011-11 Reserve Ratification.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding a Resolution ratifying the Trophy Club Reserve Police Force Program
and the appointment of the Reserve Force by the Chief of Police; and providing an effective date.
EXPLANATION:
Recently it has come to our attention that there is an interpretation of a provision of the Local Government Code relative
to Police Reserve programs that Council approval of Reserve Police Officers may be required. That is certainly one
interpretation, and while staff does not necessarily agree with that interpretation, as a precautionary measure, staff is
seeking the ratification of the appointment of Reserve Officers Mauthe, Ngyuen, Glover, Hankins, and Bury which were
made by the Chief of Police pursuant to express provisions of the Local Government Code.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Management recommends approval.
Town Council 149 of 206 Meeting Date: May 2, 2011
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
(682) 831-4600
Fax (817) 491-9312
MEMORANDUM
To: Mayor, Council, and Town Manager Date: April 26, 2011
From: Chief Kniffen Re: Reserve Appointments
Section 341.012 of the Local Government Code authorizes the governing body of a
municipality to establish a reserve police force. This section appears to require that
appointment to the reserve force be approved by the governing body before acting as a
peace officer. It goes on to state that “approval of a person who is not a peace officer ...
may carry a weapon only when authorized to do so by the chief of police and only when
discharging official duties as a peace officer.”
Chapter 10, Section 1.05 E of the Code of Ordinances states, “Members of the police
reserve shall be appointed by the chief of police, to serve at his or her discretion, and
any member may resign from the police reserve at any time, but it shall be his or her
duty to notify the chief of police of his or her resignation.”
Recently another department suspended their reserve operations after questions arose
regarding the lack of approval by the Council. When this came to my attention, I asked
the Town Attorney for an opinion on whether or not Council approval for our reserve
officers was required. Part of the statute seems to indicate that approval by Council of a
person “who is not a peace officer,” is required. This would authorize the appointment
of a civilian as a reserve officer in an emergency situation or in a very small agency.
The wording of the ordinance authorizing a police reserve could be interpreted to mean
that the approval of reserve officers is delegated by the Council to the chief of police.
All of our reserve officers are certified peace officers. All have been through the same
hiring process as our full-time officers. However, out of an abundance of caution, the
Town Attorney and I decided to present this resolution to the Council.
I respectfully request and recommend ratification of the resolution approving the
appointment of the reserve officers listed below.
Officer Paul Bury
Officer Todd Mauthe
Officer Thinh Nguyen
Officer Anthony Glover
Officer Chris Hankins
Town Council 150 of 206 Meeting Date: May 2, 2011
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2011 - 11
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS RATIFYING THE TROPHY CLUB RESERVE
POLICE FORCE PROGRAM AND THE APPOINTMENT OF THE
RESERVE FORCE BY THE CHIEF OF POLICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 341.012 of the Texas Local Government Code (hereinafter
“LGC 341.012”) authorizes the establishment of a Police Reserve Force; and
WHEREAS, the Town has established a Reserve Police Force program with
guidelines, qualifications and standards for training which are the same as those
established for full time commissioned peace officers serving the Town; and
WHEREAS, LGC 341.012 provides that the Chief of Police shall appoint the
members of the Reserve Police Force who shall serve at the Chief’s discretion; and
WHEREAS, the Chief of Police has made appointments of qualified
commissioned peace officers to serve as members of the Police Reserve Force; and
WHEREAS, the Town Council has determined that the Trophy Club Police
Reserve Force provides a valuable resource to the Town which is essential to the
health, safety and welfare of the public and therefore, finds it appropriate to approve by
ratification the existing Trophy Club Police Reserve Force program, including without
limitation, the appointments to the Reserve Force made by the Chief of Police; and
WHEREAS, the Town Council acknowledges that the members of the Reserve
Police Force serve at the discretion of the Chief of Police and hereby authorizes the
Chief of Police to appoint to the Reserve Force those commissioned peace officers that
the Chief determines meet the qualifications and standards governing the Reserve
Police Force program;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The recitals contained in the preamble of this Resolution are
determined to be true and correct and are hereby adopted as a part of this Resolution.
Section 2. The Town Council of the Town of Trophy Club, Texas does hereby
ratify the Trophy Club Reserve Police Force program, including without limitation the
qualifications and training standards established for the members of the Reserve Force
program and the appointment of commissioned peace officers by the Chief of Police.
Town Council 151 of 206 Meeting Date: May 2, 2011
Section 3. The Trophy Club Reserve Police program and all appointments
thereto by the Chief of Police are hereby ratified and approved.
Resolution shall take effect from and after its date of passage
accordance with law.
y the Town Council of the Town of Trophy Club,
Texas on this 2nd day of May, 2011.
Section 4. This
in
PASSED and APPROVED b
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
TTEST:
retary
A
Shannon DePrater, Town Sec
Town of Trophy Club, Texas
PPROVED TO AS FORM:
rney
A
Patricia A. Adams , Town Atto
Town of Trophy Club, Texas
Town Council 152 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-227-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Town Manager Slye's update regarding the following; discussion of the same.
- Independence Park East Landscape Plan Update
- Roundabout Funding Update
- Finance Director Position Update
- TML IEBP Conference, May 11 - 14, 2011
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Manager Slye's update regarding the following; discussion of the same.
- Independence Park East Landscape Plan Update
- Roundabout Funding Update
- Finance Director Position Update
- TML IEBP Conference, May 11 - 14, 2011
Town Council 153 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-226-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Town Council Liaison Updates; discussion of same:
- April 19, 2011 TCMUD No. 1 Meeting - Mayor Pro Tem Rose
- April 25, 2011 EDC 4A Meeting - Council member Cantrell
Attachments:
Action ByDate Action ResultVer.
TITLE
Town Council Liaison Updates; discussion of same:
- April 19, 2011 TCMUD No. 1 Meeting - Mayor Pro Tem Rose
- April 25, 2011 EDC 4A Meeting - Council member Cantrell
Town Council 154 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-228-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- Metroport Cities Partnership Meeting - April 21, 2011
- Bubbles of Love - April 25, 2011
- North Texas Commission - April 26, 2011
- Arbor Day Celebration - April 30, 2011
Attachments:
Action ByDate Action ResultVer.
TITLE
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
- Metroport Cities Partnership Meeting - April 21, 2011
- Bubbles of Love - April 25, 2011
- North Texas Commission - April 26, 2011
- Arbor Day Celebration - April 30, 2011
Town Council 155 of 206 Meeting Date: May 2, 2011
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12011-229-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/25/2011 Town Council
On agenda:Final action:5/2/2011
Title:Items for Future Agendas.
Attachments:Future Agenda Items List.pdf
Action ByDate Action ResultVer.
TITLE
Items for Future Agendas.
Town Council 156 of 206 Meeting Date: May 2, 2011
Town of Trophy Club Town Council Future Agenda Items List
1. Consider and take appropriate action regarding procurement policies and their
alignment with State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding placing policies and procedures on
the Town web site. (Rose, 2/1/10)
3. Consider and take appropriate action regarding noise regulations for Oil and Gas
Well Drilling and Production (Rose, 4/26/10)
4. Staff update regarding Marshall Branch Creek area located North of HWY114;
discussion and action of the same. (Stotts, 6/21/10)
5. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
6. Consider and take appropriate action regarding Planning & Zoning readiness if
Local Option Election Petition is successful. (Cantrell, 1/3/11)
7. Explore the feasibility of combining the EDCs and improved ways of expending
EDC funds. (Strother, 2/24/2011)
8. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
9. Consider and take appropriate action regarding Goals for the Town Manager.
(Stotts, 4/18/2011)
Town Council 157 of 206 Meeting Date: May 2, 2011
Supplemental
Information
Town Council 158 of 206 Meeting Date: May 2, 2011
1
April 15, 2011
Number 15
LEGISLATURE MAKING CITY TRAFFIC FINES
UNAFFORDABLE AND UNCOLLECTABLE
The League issued the following press release on April 12:
AUSTIN – The Texas Legislature is considering bills to raise the amount the state adds to every
municipal traffic ticket by $25, to a total of $107.
The State of Texas currently adds $82 to every traffic fine
collected by cities, which amounted to $235 million in 2010.
S.B. 726 by Sen. Jose Rodriguez (D-El Paso), scheduled for
consideration in the Texas Senate today, would add $10 to
municipal traffic fines. In the House, H.B. 258 by Rep.
Naomi Gonzalez (D-El Paso), which would add another $15
to each ticket has been approved by the Ways and Means
Committee.
“This is a deceptive way for legislators to pay for expanding
state government. Legislators are turning police officers into
tax collectors because they are afraid to vote for a tax
increase,” said Texas Municipal League Executive Director
Bennett Sandlin.
Since 2002, the state tax on every municipal traffic violation
has more than doubled, rising from $40 to $82. Regardless
DON’T MISS THE LEAGUE’S
2011 LEGISLATIVE
WORKSHOPS
The League is pleased to offer
live and online seminars
regarding the 2011 legislative
session:
Online on April 15.
Online on May 13.
Live in Austin on June
27.
Please go to www.tml.org and
click on “Training.”
Town Council 159 of 206 Meeting Date: May 2, 2011
2
of the amount a city is able to collect on a traffic violation, the state gets $82 before the
city gets any fine money.
“In a state with about 15 million licensed drivers, there are more than six million traffic
tickets issued each year. The state is making minor traffic infractions unaffordable for
many drivers and uncollectable for cities,” Sandlin said.
The Legislative Budget Board estimates that if S.B. 726 passes, only 65 percent of
traffic fines will be paid. Some cities have seen collection rates drop below 50-percent
as states fees have soared.
“When someone gets a $250 ticket for not signaling a turn, it isn’t about crime and
punishment; it’s about taxation without accountability. Legislators don’t want people
to know they are raising taxes so they make cities collect it for them,” Sandlin said.
“It’s time for legislators to draw the line on these out of control fees and oppose any
further increases in this state money grab.”
One of the legislators mentioned in the above release was highly displeased with it, and he issued
a “counter” press release. The legislator claimed to respond to “the misleading statements” made
by the Texas Municipal League:
In a statement released by TML yesterday, the organization stated that if signed into
law, S.B. 726 will add a $10 fee to every traffic fine collected by cities. In fact, the fee
only applies to those convicted of a traffic violation, which are generally classified as
Class C level misdemeanor offenses. Pedestrian and parking violations will be exempt.
The revenue, which is expected to generate about $77.5 million for the 2012-2013
biennium, will be used for indigent defense, which is constitutionally mandated as a
part of the Fair Defense Act passed in 2001, as well as for legal aid services.
For TML to disregard the needs of veterans, victims of domestic abuse, and senior
citizens is inexcusable…The Judicial Access and Improvement Account isn't paying for
some new program or an expansion of government as they convey, it is providing much
needed revenue for indigent defense, which is required by the constitution.
Nothing in the League’s press release appeared misleading. In fact, League staff strives to
ensure that anything we print is accurate. Much of the League’s effort is spent opposing
legislation that would be detrimental to cities, and that makes some legislators unhappy. But the
membership has, pursuant to a comprehensive legislative policy development process, directed
League staff to do just that.
The allegation that the League is disregarding the needs of veterans, victims of domestic abuse,
and senior citizens, is disingenuous and patently false. As a matter of fact, we wholeheartedly
believe that the Senator is doing a noble job of protecting those groups, and that there are many
other worthy programs in need of funding. The issue is: how to pay for them?
Town Council 160 of 206 Meeting Date: May 2, 2011
3
Many city officials contend that state court costs adversely impact municipal courts in two ways.
First, the state’s court costs are complicated to administer. While cities can keep a small
percentage of the costs as an administrative fee, that amount is probably not sufficient to
reimburse the cities for the bookkeeping and administrative problems connected with this
function. More importantly, when setting an appropriate fine for an offense, a judge must
consider the fact that the defendant will also be paying state court costs. As a result, municipal
fine revenue is often much lower than it would otherwise be, because the judge has considered
the state court costs when setting a defendant’s total fine.
The bottom line is that cities can’t raise court fines fast enough to satisfy the state’s ever-growing
appetite for revenue, while simultaneously maintaining the amount retained by cities.
(Editor’s note: Just before this edition went to print, S.B. 726 made it to the Senate floor with
the bare minimum of necessary votes. Word is getting out, and city officials who are opposed to
new court fees should notify their representative.)
PROPOSALS EMERGE FOR FUNDING STATE WATER PLAN
Recently proposed amendments to H.J.R. 138 by Ritter seek to fund the state water plan in part
through “tap fees” (sometimes referred to as a “state tax on water”) to be levied on “municipal”
(generally city and special district) water customers.
What makes the H.J.R. 138 proposals different from past tap fee proposals is that, because it is a
constitutional amendment, it may be implemented only after a statewide election of the citizens.
Thus, rather than a fee imposed by the state legislature, the fee would be imposed on the state’s
water users only with their consent.
The fact that the tap fees could be implemented only with the voters’ consent does not resolve
several important city objections to the fees: (1) the use of local city staff and infrastructure to
collect fees for the state; (2) the redistribution of revenue collected in densely-populated urban
areas to projects built all over the state; and (3) the fact that the tap fees are not levied on
industrial or agricultural users, just municipal users.
At a hearing on the proposals before the House Natural Resources Committee, some legislators
seemed to suggested that cities should acquiesce to the tap fee proposal. That would seem to
indicate that cities don’t sufficiently contribute to water infrastructure in the state. In fact,
nothing could be further from the truth.
As city officials already know, cities are a vital part of the state’s water infrastructure and
planning process, both through participation in planning as well as construction and maintenance
of the infrastructure that supplies water to millions of Texans daily, both inside and outside of
city limits. Among other contributions, cities assist the state as a whole with participation in
regional water planning by constructing and maintaining thousands of miles of water and
wastewater mains and other water supply infrastructure, and through the payment of millions of
dollars annually in fees to help fund the Texas Commission on Environmental Quality.
Town Council 161 of 206 Meeting Date: May 2, 2011
4
The League will continue to work with the author of H.J.R. 138 to ensure that municipal interests
are protected.
FIREFIGHTER CERTIFICATION FEES
The Texas Commission on Fire Protection has issued proposed rules that would increase
firefighter certification and other fees in order for the commission to become “self-funded.” The
rules would raise initial certification fees, renewal fees, test application fees, and late renewal
fees. Some fees will increase more than 200 percent.
The commission held an emergency meeting on this issue in March. The League filed comments
at that time. For more information on the rules, go to
http://www.tcfp.state.tx.us/calendar/archive/2011/comm0311_notebook_Item_2.pdf.
Comments on the proposed rules are being accepted through April 24, 2011, and can be sent to
Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286,
Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us.
TWO FEDERAL AGENCIES ISSUE NEW ADA RULES
The Americans with Disabilities Act (ADA) regulates two main areas of city action: employment
and construction of facilities. The Department of Justice (DOJ) is responsible for the ADA
construction of facilities rules. The Equal Employment Opportunity Commission (EEOC) is
responsible for regulations dealing with employment of individuals with disabilities.
The DOJ issued revised regulations on accessibility in facility construction that went into effect
on March 15. According to the DOJ press release, “the new rules adopt the 2010 ADA
Standards for Accessible Design, which have been retooled to be more user-friendly for building
code officials, builders, and architects, and have been harmonized with state and local
accessibility codes.” The 2010 standards also include – for the first time – standards on making
swimming pools, parks, golf courses, boating facilities, exercise clubs, and other recreation
facilities accessible for individuals with disabilities. Cities covered by the ADA have until
March 15, 2012, to comply with the 2010 Standards. In addition, the amended regulations
contain many new or expanded provisions on general nondiscrimination policies. The
compliance date for the all the new nondiscrimination provisions is March 15, 2011. For
additional information, see http://www.justice.gov/opa/pr/2011/March/11-crt-324.html.
To view the 2010 ADA Standards, go to: http://www.ada.gov/2010ADAstandards_index.htm.
On March 24, the EEOC issued final revised regulations implementing the 2008 Americans with
Disabilities Amendments Act (ADAAA). The ADAAA went into effect in January 2009, and
the proposed EEOC implementing rules were reported in the September 30, 2009, edition of the
Legislative Update (http://www.tml.org/leg_updates/legis_update093009l_ada.asp). The final
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5
regulations reflect the comments received by the EEOC. The final regulations: (1) keep the
ADA’s definition of the term “disability,” but outline a list of principles to guide the
determination of whether a person has a disability; (2) clarify that the term “major life activities”
includes “major bodily functions”; and (3) make it easier for individuals to establish coverage
under the “regarded as” part of the definition of “disability.” As with the ADAAA itself, the
main issue now is not whether an employee is disabled, but whether the employer and employee
are successful in working with the disability and making reasonable accommodations, if
possible.
The EEOC has prepared two “question-and-answer” documents about the regulations to aid the
public and employers on the new regulations, available on the EEOC Web site at
http://www.eeoc.gov/laws/statutes/adaaa_info.cfm.
To view the EEOC press release on the final regulations, go to
http://www.eeoc.gov/eeoc/newsroom/release/3-24-11.cfm.
FCC TO REVIEW MUNICIPAL RIGHT-OF-WAY AUTHORITY
The Federal Communications Commission (FCC) has released a Notice of Inquiry (NOI)
examining rights of way issues
(http://www.fcc.gov/Daily_Releases/Daily_Business/2011/db0407/FCC-11-51A1.pdf) and how
the agency “can work with its state, local, tribal, and federal partners to improve policies for
access to rights of way and for wireless facility siting.”
Specifically, the NOI seeks information and data regarding challenges, best practices, and
educational efforts to help the FCC accurately determine the need for policy and rules
surrounding broadband deployment.
Similar NOIs in the past relating to cable franchising have resulted in curtailment of municipal
authority. League staff – in cooperation with the National League of Cities, the Texas Coalition
of Cities for Utility Issues, and others – will monitor and participate as necessary to protect
municipal interests.
SIGNIFICANT COMMITTEE ACTIONS
H.B. 257 (Hilderbran), Relating to the periods for presumed abandonment of certain unclaimed
personal property. Reported from the House Committee on Ways and Means. As reported, the
bill would modify the time in which a utility deposit becomes abandoned property.
H.B. 342 (Fletcher), Relating to the reinstatement of a firefighter or police officer following a
decision rendered by the Fire Fighters’ and Police Officers’ Civil Service Commission or an
independent third party hearing examiner. Reported from the House Committee on Urban
Affairs.
Town Council 163 of 206 Meeting Date: May 2, 2011
6
H.B. 343 (Fletcher), Relating to the reporting and recording of a motor vehicle accident
involving an official vehicle driven by a peace officer, firefighter, or an emergency medical
services employee in the course of official duties. Reported from the House Committee on
Homeland Security and Public Safety.
H.B. 348 (Walle), Relating to education and training for school district peace officers, school
resource officers, and school security personnel employed by a school district. Reported from
the House Committee on Homeland Security and Public Safety. As reported, the bill would
provide that a peace officer may not serve as a school district peace officer for more than a
certain number of days unless the peace officer has completed additional education and training
program approved by the Texas Commission on Law Enforcement Officer Standards and
Education.
H.B. 360 (J. Jackson), Relating to ballot language for a proposition to approve the imposition or
increase of a tax or the issuance of bonds. Reported from the House Committee on Elections.
H.B. 469 (Callegari), Relating to the calculation of ad valorem taxes on the residence homestead
of a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or
ceases to qualify for an exemption from taxation of the homestead. Reported from the House
Committee on Ways and Means. (Companion bill is S.B. 201 by Uresti.)
H.B. 470 (C. Anderson), Relating to the addition of Salvia divinorum and its derivatives and
extracts to Penalty Group 3 of the Texas Controlled Substances Act. Reported from the House
Committee on Criminal Jurisprudence.
H.B. 564 (Craddick), Relating to inspection of portable fire extinguishers in government-owned
vehicles in certain local governmental jurisdictions. Reported from the House Committee on
Urban Affairs. As reported, the bill would provide that a local government that adopts an
ordinance, order, or policy requiring motor vehicles owned by the local government to be
equipped with portable fire extinguishers shall require maintenance to be performed on the
portable fire extinguishers annually in accordance with standards that are at least as stringent as
the National Fire Protection Association Standard Number 10 - Portable Fire Extinguishers.
H.B. 611 (Murphy), Relating to the provision of certain professional services by certain
governmental entities. Reported from the House Committee on Government Efficiency and
Reform. (Companion bill is S.B. 829 by D. Patrick.)
H.B. 782 (Y. Davis), Relating to a requirement that certain bond issuers obtain an appraisal of
property that is to be purchased with bond proceeds. Reported from the House Committee on
Urban Affairs.
H.B. 887 (Geren), Relating to registration of a motor vehicle alleged to have been involved in a
violation detected by a photographic traffic signal enforcement system. Reported from the
House Committee on Transportation.
H.B. 896 (C. Howard), Relating to auxiliary members of an appraisal review board. Reported
from the House Committee on Ways and Means.
Town Council 164 of 206 Meeting Date: May 2, 2011
7
H.B. 956 (Marquez), Relating to the state fire marshal’s investigation of the death of a
firefighter who dies in the line of duty or in connection with an on-duty incident. Reported from
the House Committee on Urban Affairs. (Companion bill is S.B. 396 by Deuell.)
H.B. 966 (Murphy), Relating to the consideration of pension and other postemployment benefits
in establishing the rates of a gas utility. Reported from the House Committee on State Affairs.
(Companion bill is S.B. 403 by Eltife.)
H.B. 1083 (Elkins), Relating to the issuance of an identification card to certain honorably retired
peace officers. Reported from the House Committee on Homeland Security and Public Safety.
H.B. 1089 (Martinez Fischer), Relating to the authority of a county or municipality to require
the removal of graffiti by a property owner. Reported from the House Committee on Urban
Affairs. (This is a TML priority bill.)(Companion bill is H.B. 1425 by Garza.)
H.B. 1137 (Darby), Relating to the transmission of records regarding over-the-counter sales of
ephedrine, pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts
arising from the sale of those products. Reported from the House Committee on Homeland
Security and Public Safety. (Companion bill is S.B. 913 by Estes.)
H.B. 1147 (W. Smith), Relating to notice by a governmental entity regarding certain geospatial
data products. Reported from the House Committee on Technology.
H.B. 1168 (D. Miller), Relating to smoke alarms and fire extinguishers in residential rental
units. Reported from the House Committee on Business and Industry. As reported, the bill
would make several changes to the law regarding smoke alarms and fire extinguishers in
residential rental units, including that: (1) a local ordinance could not require that a smoke alarm
powered by alternating current, rather than battery, be installed in a dwelling unit built before
September 1, 1987, unless: (a) the interior of the unit is repaired, remodeled, or rebuilt at a
projected cost of more than $5,000, the work requires a building permit, and the work results in
the removal of interior walls or ceiling finishes exposing the structure or the interior of the unit
provides access for wiring through an attic, crawl space, or basement; or (b) an addition occurs to
the unit at a projected cost of more than $5,000; and (2) if a dwelling unit was occupied as a
residence before September 1, 2011, or a certificate of occupancy was issued before that date, a
smoke alarm may be powered by battery if installed in the appropriate manner.
H.B. 1547, (Larson), would change the way desired future conditions for the groundwater
resources in a groundwater management area are established, including changes to the way
available groundwater in an aquifer is defined and calculated. Reported from the House
Committee on Natural Resources.
H.B. 1559 (S. Davis), Relating to a prohibition on the destruction of certain court documents.
Reported from the House Committee on Judiciary and Civil Jurisprudence.
H.B. 1595 (Isaac), Relating to regulation and enforcement of laws affecting sport shooting
ranges. Reported from the House Committee on House Culture, Recreation. and Tourism. As
reported, the bill would: (1) prohibit a governmental unit, including a city, from bringing suit
Town Council 165 of 206 Meeting Date: May 2, 2011
8
against a sport shooting range for the lawful discharge of firearms on the sport shooting range;
(2) prohibit a city from regulating the discharge of a firearm at a sport shooting range; and (3)
allow a city to enforce an ordinance or regulation through injunctive relief against a sport
shooting range under certain circumstances. (Companion bill is S.B. 766 by Estes.)
H.B. 1649 (Marquez), Relating to the enforcement of building code standards for new
residential construction in the unincorporated area of a county. Reported from the House
Committee on County Affairs. (Companion bill is S.B. 861 by Rodriguez.)
H.B. 1711 (J. Davis), Relating to disaster remediation contracts. Reported from the House
Committee on Economic and Small Business Development.
H.B. 1933 (W. Smith), Relating to the regulation of metal recycling entities. Reported from the
House Committee on House Environmental Regulation.
H.B. 1979 (Laubenberg), Relating to strategic partnerships for the continuation of certain water
districts annexed by a municipality. Reported from the House Committee on House Natural
Resources. (Companion bill is S.B. 1082 by Hegar.)
H.B. 2112 (Price), Relating to priority groundwater management areas. Reported from the
House Committee on Natural Resources. (Companion bill is S.B. 313 by Seliger.)
H.B. 2468 (Phillips), Relating to providing a patron of a pay-to-park or valet parking service
with certain information. Reported from the House Committee on Business and Industry.
H.B. 2551 (Chisum), Relating to the land application of grit trap waste. Reported from the
House Committee on Environmental Regulation.
H.B. 2619 (Callegari), Relating to the submission of information about critical water and
wastewater facilities. Reported from the House Committee on Natural Resources. As reported,
the bill would provide that: (1) each water and wastewater utility, including a municipally owned
utility, shall annually submit certain infrastructure information to each retail electric provider
that sells electric power to the utility, each electric utility that provides transmission and
distribution service to the utility, the office of emergency management of each county in which
the utility has water and wastewater facilities that qualify for critical load status under rules
adopted by the Public Utility Commission (PUC), and to the PUC and the division of emergency
management of the governor; and (2) if an electric utility determines that a water or wastewater
utility’s facilities do not qualify for critical load status, the electric utility and the retail electric
provider shall provide a detailed explanation of the electric utility’s determination to the affected
utility and to the office of emergency management of the county in which the water and
wastewater facilities are located.
H.B. 2663 (Chisum), Relating to the effect of rules and standards adopted by the Railroad
Commission of Texas relating to the liquefied petroleum gas industry on ordinances, orders, or
rules adopted by political subdivisions relating to that industry. Reported from the House
Committee on Energy Resources.
Town Council 166 of 206 Meeting Date: May 2, 2011
9
H.B. 2817 (L. Taylor), Relating to certain election practices and procedures. Reported from the
House Committee on Elections. (Companion bill is S.B. 849 by Duncan)
H.B. 2826 (Murphy), Relating to the issuance of a certificate for a municipal setting
designation. Reported from the House Committee on Environmental Regulation.
H.B. 2853 (J. Davis), Relating to tax increment financing. Reported from the House Committee
on Economic and Small Business Development.
H.B. 2973 (Hunter), Relating to encouraging public participation by citizens by protecting a
person's right to petition, right of free speech, and right of association from meritless lawsuits
arising from actions taken in furtherance of those rights. Reported from the House Committee
on Judiciary and Civil Jurisprudence. As reported, the bill would attempt to curtail Strategic
lawsuits against public participation (sometimes referred to as SLAPP lawsuits). (Companion bill
is S.B. 1565 by Ellis.)
H.B. 2989 (Deshotel), Relating to establishing the Workplace Fraud Prevention Act. Reported
from the House Committee on Business and Industry.
H.B. 3487 (V. Taylor), Relating to regulations concerning certain service animals. Reported
from the House Committee on Business and Industry.
H.B. 3510 (Hamilton), Relating to the regulation of the towing, booting, and storage of vehicles.
As reported, the bill would: (1) define an “incident management tow” to include the removal of a
vehicle, cargo, and debris from an accident or incident scene; (2) define a “parking facility” to
include certain lots or areas that charge a fee for parking; (3) allow the Texas Commission of
Licensing and Regulation (Commission) to adopt different rules for two trucks, towing operators,
towing companies, booting companies, and boot operators; (4) require the Commission to adopt
requirements for a consent tow, private property tow, and incident management tow; (5) delete
certain provisions related to alcohol testing of towing operators; (6) impose certain requirements
regarding the renewal of a license under Occupations Code Chapter 2308 relating to towing and
booting; (7) limit the fee charged for a private property tow and service related to a private
property tow to that established under Chapter 2308 or authorized by a political subdivision; (8)
provide that a homeowner or tenant under a written lease agreement who does not charge for
parking may authorize the removal of an unauthorized vehicle that is blocking entry to or exit
from a home or driveway; (9) provide that a boot operator may boot certain unauthorized
vehicles in rural areas if the parking facility owner requests the boot or has a standing agreement
with the boot operator; (10) require a vehicle storage facility accepting a vehicle that is towed
(except for an incident management tow requested by a law enforcement agency) to report the
tow and certain other information to the police or sheriff, as applicable, within two hours of
receiving the vehicle; (11) require certain signage before the towing or booting of vehicles under
certain circumstances; (12) provide, in regard to hearings under Chapter 2308 that: (a) court
costs and attorneys fees may be recovered in some instances; (b) a justice court has jurisdiction
over a hearing in the precinct in which the vehicle storage facility is located; and (c) the failure
of a party to participate in a hearing constitutes waiver of the right to appeal; (13) provide that a
failure to comply with certain permitting, licensing, and fee requirements is enforceable by law
Town Council 167 of 206 Meeting Date: May 2, 2011
10
enforcement; and (14) repeal certain provisions related to the fees for private property tows, the
filing of reports/schedules, attorney’s fees. (Companion bill is S.B. 1371 by Carona.)
H.B. 3823 (Thompson), Relating to the regulation of certain telecommunicators. Reported from
the House Committee on Homeland Security and Public Safety.
H.J.R. 56 (Solomons), Relating to proposing a constitutional amendment to restrict the power of
the legislature to mandate requirements upon certain local governments. Reported from the
House Committee on State Affairs. As reported, the bill would provide that a local government
is required to establish, expand, or modify a duty or activity that requires the expenditure of
revenue by the local government is not effective unless the legislature appropriates or otherwise
provides, from a source other than the revenue of the local government, for the payment or
reimbursement of the costs incurred for the biennium by the local government in complying with
the requirement.
S.B. 100 (Van de Putte), Relating to the adoption of voting procedures necessary to implement
the federal Military and Overseas Voter Empowerment Act. Reported from the Senate State
Affairs Committee. (Companion bill is H.B. 111 by V. Taylor.)
S.B. 309 (Harris), Relating to the events eligible to receive funding through a major events trust
fund. Reported from the House Committee on Economic and Small Business Development.
(Companion bill is H.B. 735 by D. Patrick.)
S.B. 313 (Seliger), Relating to priority groundwater management areas. Reported from the
House Committee on Natural Resources.
S.B. 350 (Williams), Relating to the restructuring of fund obligations and accounts of the Texas
Municipal Retirement System and related actuarial and accounting procedures. Reported from
the House Committee on Pensions and Investments. (Companion bill is H.B. 997 by Truitt.)
S.B. 370 (Seliger), Relating to the authority of the Texas Water Development Board to provide
financial assistance for certain projects if the applicant has failed to complete a request for
information relevant to the project. Reported from the House Committee on Natural Resources.
(Companion bill is H.B. 1734 by Ritter.)
S.B. 375 (Wentworth), Relating to categories of information presumed to be public under the
public information law. Reported from the Senate Select Committee on Open Government. As
reported, the bill: (1) provides that certain types of information are expressly public unless they
are made confidential under the Public Information Act or other law; and (2) clarifies that certain
provisions of the Public Information Act provide for confidentiality of certain types of
information. (Companion bill is H.B. 1044 by Solomons.)
S.B. 602 (Rodriguez), Relating to allowing a governmental body to redact certain personal
information under the public information law without the necessity of requesting a decision from
the attorney general and the calculation of certain deadlines. Reported from the Senate Select
Committee on Open Government. As reported, the bill would: (1) authorize a governmental
body to redact certain motor vehicle record information without the necessity of requesting a
Town Council 168 of 206 Meeting Date: May 2, 2011
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decision from the attorney general; (2) authorize a governmental body to redact a credit card,
debit card, charge card, or access device number without the necessity of requesting a decision
from the attorney general; (3) give a requestor the right to seek a decision from the attorney
general if information is redacted as described in (1) or (2), above; (4) require a governmental
body that redacts information as described in (1) or (2), above, to provide the requestor with a
description of the redacted information, a citation to the statute that authorizes the governmental
body to redact the information, and instructions regarding how the requestor may seek a decision
from the attorney general regarding whether the redacted information is excepted from
disclosure; (5) make a public information request that is modified in response to the requirement
of a deposit or bond a separate request that is considered received on the date the governmental
body receives the modified request; and (6) provide that if a governmental body receives a
written request by mail and cannot establish the actual date of receipt, the written request is
considered to be received on the third business day after the date of the postmark. (Companion
bill is H.B. 1671 by Marquez.)
S.B. 661 (Nichols), Relating to the continuation of the Electric Reliability Council of Texas, the
Office of Public Utility Counsel, and the Public Utility Commission of Texas and to the transfer
of functions from the Texas Commission on Environmental Quality. Reported from the Senate
Committee on Government Organization.
S.B. 726 (Rodriguez), Relating to the establishment of the judicial access and improvement
account to provide funding for basic civil legal services, indigent defense, and judicial technical
support through certain county service fees and court costs. Reported from the Senate Finance
Committee. (Please see article elsewhere in this edition.)
S.B. 913 (Estes), Relating to the transmission of records regarding over-the-counter sales of
ephedrine, pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts
arising from the sale of those products. Reported from the Senate Criminal Justice Committee.
(Companion bill is H.B. 1137 by Darby.)
S.B. 924 (Carona), Relating to energy efficiency reports by municipally owned utilities and
electric cooperatives. Reported from the Senate Business and Commerce Committee.
S.B. 943 (Carona), Relating to the classification and use of energy storage equipment or
facilities and the provision of studies and reports regarding energy storage equipment or those
facilities. Reported from the Senate Business and Commerce Committee. (Companion bill is
H.B. 1421 by Anchia.)
S.B. 1134 (Hegar), Relating to air permitting requirements for certain oil and gas facilities.
Reported from the Senate Natural Resources Committee. As reported, the bill would: (1) require
the Texas Commission on Environmental Quality (TCEQ) to perform certain environmental and
air quality analyses before adopting a new permit or amending an existing permit relating to
certain oil and gas facilities; (2) authorize the TCEQ to authorize planned maintenance, startup,
or shutdown activities from certain oil and gas facilities; (3) allow the application of certain
affirmative defenses under TCEQ rules to certain unauthorized emission or opacity events from a
planned maintenance, start-up, or shutdown activity; and (4) authorize the TCEQ to amend a
permit that has been adopted by the TCEQ before this bill takes effect to require that the permit
Town Council 169 of 206 Meeting Date: May 2, 2011
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holder to provide certain information about the authorized facility to the TCEQ and require a
facility handling sour gas to be a minimum distance from a recreational area or residence, in
most cases.
S.B. 1217 (Estes), Relating to an excavator's duty to notify a notification center before
excavating. Reported from the Senate Business and Commerce Committee. (Companion bill is
H.B. 263 by Hilderbran.)
S.B. 1258 (Duncan), Relating to the disposal of demolition waste from abandoned or nuisance
buildings in certain areas. Reported from the Senate Natural Resources Committee. (Companion
bill is H.B. 2013 by Hardcastle.)
S.B. 1269 (Wentworth), Relating to honorariums offered to and accepted by public servants.
Reported from the Senate Select Committee on Open Government. As reported, the bill would:
(1) remove an honorarium consisting of transportation, lodging, and meals from the definition of
a “political contribution,” and (2) would create an exemption for honoraria consisting of
transportation, lodging, and meals from the offenses relating to offering gifts to public servants
and accepting gifts by public servants. (Companion bill is H.B. 2629 by Branch.)
S.B. 1341 (Seliger), Relating to the participation by a taxing unit in a suit to compel an appraisal
review board to order a change in an appraisal roll. Reported from the Senate Intergovernmental
Relations Committee. (Companion bill is H.B. 1435 by Elkins.)
S.B. 1363 (Lucio), Relating to authorizing certain counties and municipalities to regulate land
development. Reported from the Senate International Relations and Trade Committee.
(Companion bill is H.B. 3114 by V. Gonzales.)
S.B. 1420 (Hinojosa), Relating to the continuation and functions of the Texas Department of
Transportation. Reported from the Senate Government Organization Committee. (Companion
bill is H.B. 2675 by Harper-Brown.)
S.B. 1442 (Shapiro), Relating to the application requirements for a local project permit.
Reported from the Senate Select Committee on Open Government. As reported, the bill would
provide that rights to which a permit applicant is entitled under Chapter 245 of the Local
Government Code (the “permit vesting” statute) accrue on the filing of a required original
application or plan for development or plat application that gives the regulatory agency fair
notice that is sufficient to enable a reasonably prudent person to understand the project and the
nature of the permit sought. (Companion bill is H.B. 2732 by Oliveira.)
S.B. 1494 (Uresti), Relating to reporting to the Texas Judicial Council the election or
appointment of certain municipal officers. Reported from the Senate Jurisprudence Committee.
S.B. 1638 (W. Davis), Relating to the exception of certain personal information from required
disclosure under the public information law. Reported from the Senate Select Committee on
Open Government.
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S.B. 1676 (Ellis), Relating to educational and training requirements for certain peace officers on
ethical decision making. Reported from the Senate Criminal Justice Committee. (Companion
bill is H.B. 2823 by Coleman.)
S.B. 1692 (Lucio), Relating to municipal and county budgets on the Internet. Reported from the
Senate Select Committee on Open Government.
S.B. 1741 (Fraser), Relating to tree mitigation fees imposed by municipalities. Reported from
the Senate Natural Resources Committee.
S.B. 1752 (Uresti), Relating to confidentiality of Class C misdemeanor records related to the
conviction of a child. Reported from the Senate Jurisprudence Committee.
S.J.R. 40 (Lucio), Proposing a constitutional amendment authorizing a county to regulate land
development if approved by a majority vote in a countywide election. Reported from the Senate
International Relations and Trade Committee. (Companion bill is H.J.R. 134 by Oliveira.)
SIGNIFICANT FLOOR ACTIONS
H.B. 11 (Cook), Relating to reports filed with the comptroller regarding certain alcoholic
beverage sales. Passed the House.
H.B. 27 (Guillen), Relating to the payment of fines and costs by indigent defendants in
misdemeanor cases. Passed the House. As passed, the bill would: (1) require that a municipal
court judge who determines that the defendant cannot pay the imposed fine and costs allow the
defendant to either pay the fine and costs in installments or perform community service to
discharge all or part of the fine or costs; and (2) authorize a municipal court judge who makes a
written determination at a hearing that an indigent defendant has failed to make a good faith
effort to discharge the fines and costs either through installments or community service to order
the defendant confined in jail until discharged by law.
H.B. 125 (Legler), Relating to the inclusion of a draft impact analysis in the notice of rules
proposed by the Texas Commission on Environmental Quality. Passed the House. (This is a
TML priority bill.)
H.B. 243 (Craddick), Relating to the creation of an offense for certain uses of a wireless
communication device while operating a motor vehicle. Passed the House. As passed, the bill
would: (1) prohibit the operator of a motor vehicle from using a wireless communication device
to write or send a text-based communication while operating the vehicle unless the vehicle is
stopped; and (2) define “text-based communication” to include a text message, instant message,
and electronic mail, and would exclude a communication that is voice-activated and displayed in
a manner that allows the driver to view the material on the dashboard or above the steering
wheel. (Companion bill is S.B. 46 by Zaffirini.)
Town Council 171 of 206 Meeting Date: May 2, 2011
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H.B. 289 (Jackson), Relating to activity that constitutes maintaining a common nuisance. Passed
the House (Companion bill is S.B. 195 by Nelson.)
H.B. 443 (Fletcher), Relating to the amount of the fee paid by a defendant for a peace officer’s
services in executing or processing an arrest warrant, capias, or capias pro fine. Passed the
House.
H.B. 563 (Pickett), Relating to the purposes and designation of a transportation reinvestment
zone. Passed the House.
H.B. 571 (Huberty), Relating to the regulation of certain aggregate production operations by the
Texas Commission on Environmental Quality. Passed the House.
H.B. 679 (Button), Relating to change order approval requirements for certain political
subdivisions of the state. Passed the House. (Companion bill is S.B. 1558 by Carona.)
H.B. 690 (Martinez Fischer), Relating to the punishment for the offense of graffiti. Passed the
House.
H.B. 965 (Callegari), Relating to continuing education requirements for persons holding
licenses issued by the Texas Commission on Environmental Quality. Passed the House.
H.B. 1376 (Bohac), Relating to the definition of a junked vehicle for purposes of abatement of a
public nuisance. Passed the House. As passed, the bill would provide that “junked vehicle”
means a vehicle that is self-propelled and displays an expired license plate or invalid motor
vehicle inspection certificate or does not display a license plate or motor vehicle inspection
certificate and meets certain other criteria in current law.
H.B. 1573 (Gallego), Relating to certain pretrial and post-trial procedures in a criminal case.
H.B. 1869 (Giddings), Relating to local governments that may consider a bidder's principal
place of business when awarding a contract. Passed the House.
H.B. 2690 (Deshotel), Relating to authorizing local governments to convey real property
interests to other local governments for less than fair market value.
S.B. 18 (Estes), Relating to the use of eminent domain authority. Passed the House. As passed,
the bill would, among other things:
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. provide that a city may exercise the right of eminent domain only for a public use to
acquire public or private property, whether located inside or outside the municipality, for
any of an enumerated list of uses in current law, including providing, enlarging, or
improving of a only municipally owned city hall or other project.
Town Council 172 of 206 Meeting Date: May 2, 2011
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3. require a record vote with specific procedures and wording to take each parcel of land
through the use of eminent domain.
4. require a governmental entity to provide certain documents relating to the condemnation
process in English, and if requested by the property owner, in a language used for
providing voter materials for a county election in the county in which the property is
located as required by the Voting Rights Act.
5. 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 be suspended if the letter is not sent by the deadline
and remain suspended until the entity submits the letter.
6. provide that a property owner may, within three days, rescind a voluntary purchase
agreement with an entity that has eminent domain authority, unless the property owner is
represented by an attorney.
7. provide that, before making a final offer, the condemning entity must obtain a written
appraisal from an independent and certified appraiser not employed by the entity of the
value of the property being acquired, and the damages, if any, to any of the property
owner’s remaining property.
8. 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 ten years preceding the offer.
9. 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).
10. 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.
11. 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.
12. 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.
13. 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.
14. 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
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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.
15. if the special commissioners or a court awards damages in a condemnation proceeding in
an amount that is greater than 110 percent of the amount of damages the condemnor
offered in a final written offer in conformance with the bill, the commissioners or the
court shall award reasonable attorney's fees and other professional fees to the property
owner in addition to costs.
16. 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.
17. 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.
18. 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 by providing that:
A. an entity with eminent domain authority shall disclose in writing to the property
owner, at the time of acquisition of the property through eminent domain, that:
(a) the owner or the owner’s heirs, successors, or assigns may be entitled to: (i)
repurchase the property; or (ii) request from the entity certain information relating
to the use of the property and any actual progress made toward that use; and
(b) the repurchase price is the price paid to the owner by the entity at the time the
entity acquired the property through eminent domain or the fair market value of
the property at the time the property owner becomes entitled to repurchase the
property, whichever is less.
B. a person from whom a real property interest is acquired by an entity through
eminent domain for a public use, or that person's heirs, successors, or assigns, is
entitled to repurchase the property as provided by this subchapter if: (a) the public
use for which the property was acquired through eminent domain is canceled
before the property is used for that public use; (b) no actual progress is made
toward the public use for which the property was acquired between the date of
acquisition and the 10th anniversary of that date; (c) the property becomes
unnecessary for the public use for which the property was acquired, or a
substantially similar public use, before the 10th anniversary of the date of
acquisition; or (d) the initial use of the property is not the public use for which the
property was acquired.
C. not later than the 180th day after the date that the former property owner is
entitled to repurchase the property, the entity shall send by certified mail, return
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receipt requested, to the property owner or the owner's heirs, successors, or
assigns a notice containing – among other things – an identification of the public
use for which the property had been acquired, a statement that the person has a
right to repurchase the property under the bill, and an explanation of the reason
under the bill the person has acquired the right to repurchase the property.
D. a property owner or the owner's heirs, successors, or assigns may request that the
condemning entity make a determination – presumably at any time – and provide
a statement and other relevant information regarding: (a) whether the public use
for which the property was acquired was canceled before the property was used
for the public use; (b) whether any actual progress was made toward the public
use between the date of acquisition and the 10th anniversary of that date,
including an itemized description of the progress made, if applicable; (c) whether
the property became unnecessary for the public use, or a substantially similar
public use, before the 10th anniversary of the date of acquisition; and (d) whether
the initial use of the property was the public use for which the property was
acquired.
E. as soon as practicable after receipt of a notice of intent to repurchase, the entity
shall offer to sell the property interest to the person for the price paid to the owner
by the entity at the time the entity acquired the property through eminent domain
or the fair market value of the property at the time the property owner becomes
entitled to repurchase the property, whichever is less.
19. 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 if certain criteria are met.
20. 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.
21. with regard to permissible roads built over an easement for an oil and gas pipeline,
provide that the property owner and easement owner may agree to any terms related to
the road that they wish.
S.B. 160 (Williams), Relating to the regulation of certain aggregate production operations by the
Texas Commission on Environmental Quality. Passed the Senate.
S.B. 201 (Uresti), Relating to the calculation of ad valorem taxes on the residence homestead of
a 100 percent or totally disabled veteran for the tax year in which the veteran qualifies or ceases
to qualify for an exemption from taxation. Passed the Senate. (Companion bill is H.B. 469 by
Callegari.)
S.B. 315 (Carona), Relating to the agencies and entities responsible for compiling and
maintaining information pertaining to criminal combinations and criminal street gangs. Passed
the Senate.
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S.B. 326 (Duncan), Relating to the exemption from ad valorem taxation of certain tangible
personal property stored temporarily at a location in this state. Passed the Senate.
S.B. 403 (Eltife), Relating to the consideration of pension and other postemployment benefits in
establishing the rates of a gas utility. Passed the Senate. (Companion bill is H.B. 966 by
Murphy.)
S.B. 432 (M. Jackson), Relating to the penalty for failure to make a timely installment payment
of ad valorem taxes on property in a disaster area. Passed the Senate. (Companion bill is H.B.
803 by Bonnen.)
S.B. 442 (Wentworth), Relating to notice by a governmental entity regarding certain geospatial
data products. Passed the Senate.
S.B. 449 (Watson), Relating to the appraisal for ad valorem tax purposes of open-space land
devoted to water stewardship purposes on the basis of its productive capacity. Passed the Senate.
S.B. 551 (Williams), Relating to liability for interest on ad valorem taxes on improvements that
escaped taxation in a previous year. Passed the Senate. (Companion bill is H.B. 234 by Otto.)
S.B. 694 (West), Relating to the regulation of metal recycling entities. Passed the Senate.
S.B. 758 (Deuell), Relating to sales and use tax information provided to certain local
governmental entities. Passed the Senate.
S.B. 893 (Whitmire), Relating to motor fuel quality and testing. Passed the Senate. (Companion
bill is H.B. 2335 by Hardcastle.)
S.B. 898 (Carona), Relating to energy efficiency programs in institutions of higher education
and certain governmental entities. Passed the Senate.
S.B. 904 (Patrick), Relating to the eligibility of certain overseas voters to receive a full ballot.
Passed the Senate. (Companion bills are H.B. 1697 by P. King and H.B. 1773 by L. Taylor.)
S.B. 937 (Lucio), Relating to priorities for restoration of electric service following an extended
power outage. Passed the Senate. (Companion bill is H.B. 3126 by Naishtat.)
S.B. 980 (Carona), Relating to communications services and markets. Passed the Senate.
(Companion bill is H.B. 2620 by Hancock.)
S.B. 1097 (Eltife), Relating to single certification in incorporated or annexed areas served by
water or sewer utilities. Passed the Senate. (Companion bill is H.B. 2128 by Geren.)
S.B. 1518 (Eltife), Relating to the powers and duties of the Texas Historical Commission.
Passed the Senate.
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S.B. 1612 (Ogden), Relating to the monitoring, oversight, and funding of certain public
retirement systems. Passed the Senate. As passed, the bill would: (1) repeal the law that allows
a city to issue obligations to fund its retirement benefits; and (2) allow the pension review board
to require TMRS or other public retirement systems to complete an actuarial experience study
every five years. Reported from Senate State Affairs and recommended for local/uncontested
calendar.
S.B. 1613 (Ogden), Relating to public meetings and information disclosure exemptions for
public power utilities. Passed the Senate. As passed, the bill would: (1) repeal the current
definition of “competitive matter” relating to public power utilities; (2) define a “competitive
matter,” which can be deliberated by a public power utility in a closed meeting and is not
generally subject to public disclosure, as a matter reasonably related to: (a) generation unit
specific and portfolio fixed and variable costs, capital improvement plans for generation units,
and generation unit operating characteristics and outage scheduling; (b) bidding and pricing
information for purchased power, generation and fuel, and Electric Reliability Council of Texas
(ERCOT) bids, prices, offers, and related services and strategies; (c) effective fuel and purchased
power agreements and fuel transportation arrangements and contracts; (d) risk management
information, contracts, and strategies, including fuel hedging and storage; (e) plans, studies,
proposals, and analyses for system improvements, additions, or sales, other than transmission
and distribution system improvements inside the service area for which the public power utility
is the sole certificated retail provider; and (f) customer billing, contract, and usage information,
electric power pricing information, system load characteristics, and electric power marketing
analyses and strategies; and (3) provide that a “competitive matter,” does not include, among
other things: (a) any tariff of general applicability regarding rates and other matters; (b) salaries
and total compensation of all employees of a public power utility; or (c) information publicly
released by the ERCOT in accordance with a law, rule, or protocol generally applicable to
similarly situated market participants.
S.B. 1701 (Williams), Relating to procedures for and evidence that may be presented at a
criminal asset forfeiture hearing and to the forfeiture of substitute assets under certain
circumstances. Passed the Senate. As passed, the bill would: (1) authorize a court to order the
forfeiture of substitute assets, that otherwise are not subject to forfeiture, if the court finds that
property that was originally ordered forfeited: (a) cannot be located; (b) has been transferred,
conveyed, sold to, or deposited with a third-party; (c) has been placed beyond the jurisdiction of
the court; (d) has been substantially diminished in value; or, (e) has been commingled with other
property and cannot be separated without difficulty; and (2) provide that substitute assets
described in (1), above, may not have a value greater than the value of the property originally
ordered forfeited by the court.
S.J.R. 16 (Estes), Proposing a constitutional amendment providing for the appraisal for ad
valorem tax purposes of open-space land devoted to water stewardship purposes on the basis of
its productive capacity. Passed the Senate.
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CITY OFFICIALS TESTIFY
When the legislature is in session, nothing compares to the effectiveness of city officials
testifying at the Capitol. City officials who take their time to travel to Austin to speak out on
important city issues should be applauded by us all.
Among the city officials who recently testified in front of legislative committees are the
following:
Maher Maso, Mayor, Frisco
Steve Landin, Fire Chief, Laredo
Jessica Soloman, Police Department, Houston
Jonathan Newport, City Council, Houston
Jim Callaway, Sugarland
Rudy Garza, Corpus Christi
Dale Bernard, Police Department, Dallas
Paul LaSalle, Police Department, Houston
Jeff Nodal, Deputy Chief Financial Officer, Austin
Michael Embesi, Arborist, Austin
Patrick Welch, Police Department, Austin
Rusty Legg, Councilmember, Galveston
Keith Stretcher, City Attorney, Midland
T.C. Broadnax, Assistant City Manager, San Antonio
Clint Smith, South Padre Island
Sheryl Cole, Councilmember, Austin
Darrin Hall, Houston
Landon Stallings, Fire Chief, Fort Worth
Ronald Walker, Police Department, Houston
Patrick Welsh, Police Department, Dallas
Donald Baker, Police Department, Austin
Jennifer Richie, Irving
Jim Wilson, Councilmember, Benbrook
While TML monitors most hearings, we won’t catch the testimony of every city official. If we
missed your testimony or the testimony of another official in your city, please contact us at the
following e-mail address, and we will include your name in the next edition of the TML
Legislative Update: testify@tml.org.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part
of this document without the written authorization of the
Texas Municipal League.
Town Council 178 of 206 Meeting Date: May 2, 2011
1
April 22, 2011
Number 16
CITY/STATE CASH FLOW INDEX AS OF APRIL 2011:
-$270,700,000
Beginning with this issue of the Legislative Update, League staff will calculate on a recurring basis
the net yearly cash flow between Texas cities and the state. This cash flow index will be presented as
a positive number if cities receive net income from the state. The index will be presented as a
negative number if cities are net donors of money to the state.
Currently, the cash flow index stands at a negative $270,700,000 or -$10.78 per capita. In other
words, cities are net donors of funds to the state to the tune of over a
quarter of a billion dollars per year. That is unusual: most states are
net donors of money to their cities, not the other way around. Here’s
a breakdown of the components of the index that are currently
known to the League:
Local parks grants: +$18,000,000
Mixed beverage tax: +$130,000,000
Library grants: +$15,000,000
Auto burglary grants: +$14,100,000
Homeless grants: +$10,000,000
Sales tax fee profit: -$51,800,000
TCEQ fees: -$41,000,000
State traffic ticket tax: -$235,000,000
TxDot Cash “Participation”: -$130,000,000
_____________
Total: -$270,700,000
DON’T MISS THE LEAGUE’S
2011 LEGISLATIVE
WORKSHOPS
The League is pleased to offer
live and online seminars
regarding the 2011 legislative
session:
Online on May 13.
Live in Austin on June
27.
Please go to www.tml.org and
click on “Training.”
Town Council 179 of 206 Meeting Date: May 2, 2011
2
Why begin to calculate this figure now? There are at least two reasons. First, the proposed state
budget, H.B. 1, would make sizeable cuts to what little funding Texas cities receive from the state,
but would do nothing to decrease the flow of money from cities to the state. In fact, various court fee
proposals would increase the flow of money from cities to the state. Combine this proposed increase
with the proposed budget cuts, and the effect of the 2011 legislative session could be doubly bad for
cities.
Second, the League believes it will be useful to begin thinking of city/state relations in terms of one
underlying dollar figure that captures the “big picture” of how we approach intergovernmental
relations in Texas, and would make it easier to understand the effects of various legislation and
proposals on that relationship.
The bottom line is this: money to and from Texas cities is essentially fungible. If we “gain” $10
million in new homeless grants in a given session, but “lose” $50 million more in state traffic taxes
during that same session, we were net losers overall.
(Disclaimer: these figures are TML’s best estimate of cash flows that are readily measurable. The
index will exclude cash flows that are impossible to accurately calculate. For example, cities donate
an increasingly large amount of city-owned rights-of-way to TxDot as part of the cities’ “local
participation.” Because a dollar figure cannot easily be put on those donations, the index will not
include those amounts. The index will be adjusted as new cash flows are discovered.)
FLOOR AMENDMENT TO S.B. 100 PRESERVES MAY
UNIFORM ELECTION DATE IN LIMITED CIRCUMSTANCES
Last week, the Senate passed S.B. 100 by Senator Van de Putte. The bill would implement the
federal Military and Overseas Voter Empowerment (MOVE) Act. The MOVE Act, which was
passed by Congress in 2009, changes the way military and overseas voters register and vote in
federal elections. The major change brought about by the MOVE Act is that federal ballots now
must be transmitted to military and overseas voters at least 45 days before an election for federal
office or any election held in conjunction with a federal election, including a primary and primary
run-off election.
Texas law currently does not allow for the transmission of ballots to military and overseas voters 45
days prior to the general primary election and primary runoff election in the spring of even-numbered
years. The primary purpose of S.B. 100 is to adjust the dates of the general primary election and
primary runoff election in order to bring Texas into compliance with the MOVE Act. S.B. 100, as
passed, would retain the general primary date of the first Tuesday in March of an even-numbered
year, while shifting the primary run-off to the fourth Tuesday in May of an even-numbered year in
order to comply with the federal law.
As highlighted in a recent Legislative Update article
(http://www.tml.org/leg_updates/legis_update040811a_uniform_election_date.asp), the committee
substitute that was voted out of the Senate Committee on State Affairs eliminated the May uniform
election date in even-numbered years (the second Saturday in May). The reason provided for the
elimination of the May election date in even-numbered years is that county elections officials would
be unable to adequately prepare the electronic voting machines shared with or leased to cities, school
Town Council 180 of 206 Meeting Date: May 2, 2011
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districts, and special districts on the May election date in even-numbered years because of the
proximity to the new primary runoff election date. The practical effect of eliminating one May
uniform date would be to move most city elections to the November uniform election date.
An amendment was offered and accepted on the Senate floor which could preserve the May uniform
date in even-numbered years for some cities. The amendment would expressly allow cities and other
political subdivisions to continue to have the option of using the May uniform election date in even-
numbered years. But the amendment also provides that a county elections administrator is not
required to enter into a contract with a city to furnish election services on the May uniform election
date in even-numbered years.
What would the ultimate passage of S.B. 100 – in its current form – mean for Texas cities? If a city
currently holds its elections in May, and contracts with the county to provide voting machines, the
amendment still may not save the May uniform election date in even-numbered years. A county
elections administrator who finds the task of reprogramming and calibrating electronic voting
machines in the spring of even-numbered years too onerous may refuse to provide machines or
otherwise assist with the city election on that date. Realistically, this means that many cities may still
have to move their elections to the November date under the amended version of S.B. 100.
There are a few different scenarios under which a city could still conduct an election in May of even-
numbered years under the current version of the bill. If a city does not wish to contract with the
county for election services, including electronic voting machines, the city could continue to use the
May election date every year. Of course, this would mean that the city either must purchase
electronic voting machines or enter into a contract with a voting system vendor to provide the
machines. If a city wishes to continue to contract with the county for election services, the city
election could be held in May of even-numbered years only if the county agrees to assist.
Although the version of S.B. 100 that passed the Senate is by no means perfect, it at least gives some
cities the ability to continue to hold their elections in May of even-numbered years. Cities that
currently hold their elections in May and contract with the county for elections services should
contact their county election officials to discuss the feasibility of continuing to use the May date in
even-numbered years.
The companion bill to S.B. 100, H.B. 111 by Van Taylor, has received a hearing in the House
Committee on Defense and Veterans Affairs, but has not yet been voted out of committee. (In its
current form, H.B. 111 would eliminate the May election date in even-numbered years.)
We continue to urge city officials with concerns about S.B. 100 and H.B. 111 to contact their
legislators as soon as possible.
SIGNIFICANT COMMITTEE ACTIONS
H.B. 241 (Parker), Relating to liability for interest if land appraised for ad valorem tax purposes as
agricultural or open-space land is sold or diverted to a different use. Reported from the House Committee
on Ways and Means.
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H.B. 257 (Hilderbran), Relating to the periods for presumed abandonment of certain unclaimed personal
property. Reported from the House Committee on Ways and Means. (Companion bill is H.B. 1764 by
Harper-Brown.)
H.B. 348 (Walle) Relating to education and training for certain school district peace officers and school
resource officers employed by a school district. Reported from the House Committee on Homeland
Security and Public Safety. As reported would require: (1) a peace officer who serves as a school resource
officer for more than 90 days to complete at least a 16-hour or longer education and training program; and
(2) a peace officer who serves as a school district peace officer for more than 30 days to complete a 16-
hour or longer education and training program.
H.B. 528 (Solomons), Relating to the provision of pharmaceutical services through informal and
voluntary networks in the workers' compensation system. Reported from the House Committee on State
Affairs. (Companion bill is S.B. 318 by Van de Putte.)
H.B. 777 (N. Gonzalez), Relating to court costs imposed on conviction and deposited to the courthouse
security fund. Reported from the House Committee on Criminal Jurisprudence. As reported, the bill
would increase the amount a city may collect from a defendant under the municipal court building
security fund from $3 to $8.
H.B. 875 (C. Howard), Relating to the identification of certain defendants as foreign nationals who were
not lawfully admitted to the United States or whose lawful status has expired and to their release on bail.
Reported from the House Committee on State Affairs.
H.B. 887 (Geren), Relating to registration of a motor vehicle alleged to have been involved in a violation
detected by a photographic traffic signal enforcement system. Reported from the House Committee on
Transportation.
H.B. 956 (Marquez), Relating to the state fire marshal's investigation of the death of a firefighter who
dies in the line of duty or in connection with an on-duty incident. Reported from the House Committee
on Urban Affairs. (Companion bill is S.B. 396 by Deuell.)
H.B. 1094 (Farias), Relating to the availability on the Internet of reports of political expenditures and
contributions filed in connection with certain county and municipal offices. Reported from the House
Committee on Elections.
H.B. 1250 (Frullo), Relating to the use of facsimile signatures for certain documents involving certain
municipalities. Reported from the House Committee on Urban Affairs. (Companion bill is S.B. 577 by
Duncan.)
H.B. 1283 (Craddick), Relating to consideration of a bidder’s principal place of business in awarding
certain municipal contracts. Reported from the House Committee on Urban Affairs. (Companion bill is
S.B. 640 by Seliger.)
H.B. 1354 (S. Davis), Relating to liability of certain certified municipal inspectors for services rendered
during an emergency or disaster. Reported from the House Committee on Judiciary and Civil
Jurisprudence.
H.B. 1388 (Hopson), Relating to the prohibition of certain regulations by a municipality in its
extraterritorial jurisdiction involving trees and vegetation. Reported from the House Committee on Urban
Affairs. (Companion bill is S.B. 732 by Nichols.)
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H.B. 1421 (Anchia), Relating to the classification and use of energy storage equipment or facilities and
the provision of studies and reports regarding energy storage equipment or those facilities. Reported from
the House Committee on State Affairs. (Companion bill is S.B. 943 by Carona.)
H.B. 1545 (Lewis), Relating to the authority of certain political subdivisions to change the date of their
general elections. Reported from the House Committee on Elections. (Companion bill is S.B. 1033 by
Seliger.)
H.B. 1643 (Zerwas), Relating to development agreements governing land in a municipality’s
extraterritorial jurisdiction. Reported from the House Committee on Land and Resource Management.
H.B. 1724 (Hamilton), Relating to economically driven mobility projects. Reported from the House
Committee on Transportation.
H.B. 1841 (Hartnett), Relating to the taxability of Internet hosting. Reported from the House Committee
on Ways and Means.
H.B. 1971 (J. Jackson), Relating to the liability of a landowner for harm to a trespasser. Reported from
the House Committee on Judiciary and Civil Jurisprudence. (Companion bill is S.B. 1160 by Seliger.)
H.B. 2013 (Hardcastle), Relating to the disposal of demolition waste from abandoned or nuisance
buildings in certain areas. Reported from the House Committee on Environmental Regulation. As
reported, the bill would provide that the Texas Commission on Environmental Quality may issue a permit
by rule to authorize the governing body of a county or city with a population of 10,000 or less to dispose
of demolition waste from an abandoned building or building found to be a nuisance if the disposal occurs
on land that: (1) the county or city owns or controls; (2) would qualify for an arid exemption under
commission rules; and (3) which the city acquired ownership or control of through bankruptcy, tax
delinquency, or condemnation, with the previous owner of the building not being financially capable of
paying the costs to transport and dispose of the demolition waste at a permitted solid waste facility.
(Companion bill is S.B. 1258 by Duncan.)
H.B. 2127 (Geren), Relating to the municipal regulation of the discharge of firearms and certain other
weapons in certain counties. Reported from the House Committee on Homeland Security and Public
Safety.
H.B. 2191 (Elkins), Relating to a ballot by mail single language requirement. Reported from the House
Committee on Elections. (Companion bill is S.B. 1199 by D. Patrick.)
H.B. 2226 (Truitt), Relating to authorized investments for governmental entities. Reported from the
House Committee on Pensions, Investments, and Financial Services. As reported, the bill would: (1)
require a city’s investment policy to include procedures to monitor rating changes in investments acquired
with public funds and the liquidation of such investments; (2) require a city’s investment officer to attend
a training session not less than once each state fiscal biennium; (3) provide that an obligation that is fully
guaranteed or insured by the FDIC or by the explicit full faith and credit of the United States is an
authorized investment; (4) provide that certain investment in certificates of deposit using a broker are
authorized investments; (5) authorize an investment pool to invest its funds in money market mutual
funds to the extent permitted by and consistent with state law and the investment policies and objectives
adopted by the pool.
Town Council 183 of 206 Meeting Date: May 2, 2011
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H.B. 2289 (Crownover), Relating to the authority of a gas corporation to use a public right-of-way along
a railroad, a railroad right-of-way, an interurban railroad, or a street railroad. Reported from the House
Committee on Energy Resources.
H.B. 2313 (Coleman), Relating to the requirement to post notice of the subject of a meeting under the
open meetings law as the requirement relates to reports about items of community interest at a meeting of
a commissioners court. Reported from the House Committee on county Affairs. As reported, the bill
would provide that a municipal governmental body that posts notice of each meeting on its official
Internet Web site shall provide during regular office hours a computer terminal at certain municipal
facilities convenient to the public that members of the public may use to view notices of meetings posted
by the city.
H.B. 2403 (Otto), Relating to a retailer engaged in business in this state. Reported from the House
Committee on Ways and Means.
H.B. 2432 (J. Davis), Relating to the creation of public and private facilities and infrastructure. Reported
from the House Committee on Economic and Small Business Development. (Companion bill is S.B.
1048 by M. Jackson.)
H.B. 2476 (Harless), Relating to the appraisal for ad valorem tax purposes of certain dealer's heavy
equipment inventory. Reported from the House Committee on Ways and Means.
H.B. 2624 (Sheffield), Relating to procedures applicable in circumstances involving family violence or
other criminal conduct and military personnel. Reported from the House Committee on Defense and
Veteran’s Affairs.
H.B. 2675 (Harper-Brown), Relating to the continuation and functions of the Texas Department of
Transportation. Reported from the House Committee on Transportation. (Companion bill is S.B. 1420 by
Hinojosa.)
H.B. 2732 (Oliveira), Relating to the application requirements for a local project permit. Reported from
the House Committee on Land and Resource Management. As reported, the bill would provide that rights
to which a permit applicant is entitled under Chapter 245 of the Local Government Code (the “permit
vesting” statute) accrue on the filing of a required original application or plan for development or plat
application that gives the regulatory agency fair notice that is sufficient to enable a reasonably prudent
person to understand the project and the nature of the permit sought. (Companion bill is S.B. 1442 by
Shapiro.)
H.B. 2973 (Hunter), Relating to encouraging public participation by citizens by protecting a person's
right to petition, right of free speech, and right of association from meritless lawsuits arising from actions
taken in furtherance of those rights. Reported from the House Committee on Judiciary and Civil
Jurisprudence.
S.B. 181 (Shapiro), Relating to the reporting of water conservation measures by municipalities and water
utilities. Reported from the House Committee on Natural Resources.
S.B. 462 (West), Relating to the right to an expunction of records and files relating to a person's arrest.
Reported from the Senate Criminal Justice Committee.
S.B. 573 (Nichols), Relating to certificates of public convenience and necessity for water or sewer
services. Reported from the Senate Natural Resources Committee.
Town Council 184 of 206 Meeting Date: May 2, 2011
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S.B. 641 (Seliger), Relating to the calculation of interest on certain ad valorem tax refunds. Reported
from the Senate Committee on Intergovernmental Relations. As reported, the bill would change the
amount of interest that a city making a refund of property taxes following a judicial proceeding must pay
from eight percent to an annual rate that is equal to the sum of two percent and the most recent prime rate
quoted, but not to exceed eight percent. (Companion bill is H.B. 1090 by Gonzalez.)
S.B. 655 (Hegar), Relating to the abolition of the Railroad Commission of Texas, the creation of the
Texas Oil and Gas Commission, and the transfer of the powers and duties of the railroad commission to
the oil and gas commission. Reported from the House Committee on Energy Resources.
S.B. 687 (Huffman), Relating to interception of wire, oral, or electronic communications for law
enforcement purposes. Reported from the Senate Criminal Justice Committee. (Companion bill is H.B.
1457 by Fletcher.)
S.B. 732 (Nichols), Relating to the prohibition of certain regulations by a municipality in its
extraterritorial jurisdiction involving trees and vegetation. Reported from the House Committee on Urban
Affairs.
S.B. 766 (Estes), Relating to regulation and enforcement of laws affecting sport shooting ranges.
Reported from the House Committee on Culture, Recreation, and Tourism. (Companion bill is H.B. 1595
by Isaac.)
S.B. 1489 (Whitmire), Relating to jurisdiction for the offenses of truancy and failure to attend school.
Reported from the Senate Committee on Jurisprudence.
S.B. 1693 (Carona), Relating to periodic rate adjustments by electric utilities. Reported from the Senate
Committee on Business and Commerce. (Companion bill is H.B. 3610 by Thompson.)
SIGNIFICANT FLOOR ACTIONS
H.B. 268 (Hilderbran), Relating to the exemption from the sales and use tax for certain agricultural
items. Passed the House. (Companion bill is S.B. 1602 by Seliger.)
H.B. 345 (Kleinschmidt), Relating to limitations on awards in an adjudication brought against a local
governmental entity for breach of contract. Passed the House. (Companion bill is S.B. 1382 by
Wentworth.)
H.B. 360 (J. Jackson), Relating to ballot language for a proposition to approve the imposition or increase
of a tax or the issuance of bonds. Passed the House.
H.B. 470 (C. Anderson), Relating to the addition of Salvia divinorum and its derivatives and extracts to
Penalty Group 3 of the Texas Controlled Substances Act.. Passed the House.
H.B. 478 (Orr), Relating to certain court costs associated with the offense of failing to secure a child
passenger in a motor vehicle.
H.B. 563 (Pickett), Relating to the purposes and designation of a transportation reinvestment zone.
Passed the House.
Town Council 185 of 206 Meeting Date: May 2, 2011
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H.B. 564 (Craddick), Relating to inspection of portable fire extinguishers in government-owned vehicles
in certain local governmental jurisdictions. Passed the House.
H.B. 725 (Callegari), Relating to the operation, powers, and duties of certain water districts. Passed the
House.
H.B. 930 (Darby), Relating to the requirements for an application for a tax warrant authorizing the
seizure of personal property for the payment of ad valorem taxes. (Companion bill is S.B.1061 by
Harris.)
H.B. 984 (Truitt), Relating to agreements between contiguous municipalities regarding jurisdiction of
cases in municipal courts. Passed the House.
H.B. 1083 (Elkins), Relating to the issuance of an identification card to certain honorably retired peace
officers. Passed the House. As passed, the bill would require a city police department to issue an
identification card to an honorably retired police officer who holds a proficiency certificate.
H.B. 1136 (Aycock), Relating to requiring an election authority to provide notice to certain county chairs
regarding certain election activities. Passed the House.
H.B. 1137 (Darby), Relating to the transmission of records regarding over-the-counter sales of ephedrine,
pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts arising from the
sale of those products. Passed the House.
H.B. 1147 (W. Smith), Relating to notice by a governmental entity regarding certain geospatial data
products. Passed the House.
H.B. 1814 (Lucio), Relating to the provision of water and certain equipment by water supply or sewer
service corporations for use in fire suppression and the liability of those corporations. Passed the House.
(Companion bill is S.B. 1659 by Lucio.)
H.B. 1964 (Villarreal), Relating to discharging fines and costs assessed against certain juvenile
defendants through community service. Passed the House.
H.B. 2257 (Phillips), Relating to communications during a disaster or an emergency by public service
providers. Passed the House.
H.B. 2605 (L. Taylor), Relating to the continuation and functions of the division of workers’
compensation of the Texas Department of Insurance. Passed the House. (Companion bill is S.B. 658 by
Huffman.)
H.B. 2619 (Callegari), Relating to the submission of information about critical water and wastewater
facilities. Passed the House.
H.B. 2694 (W. Smith), Relating to the continuation and functions of the Texas Commission on
Environmental Quality and abolishing the On-site Wastewater Treatment Research Council. Passed the
House. This is the TCEQ sunset bill. As passed, the bill would, among other things: (1) require the
Texas Commission on Environmental Quality (TCEQ) to develop and implement a policy to encourage
the use of negotiated rulemaking and alternative dispute resolution procedures; (2) require the TCEQ to
develop and implement a program to improve public access to information about the TCEQ and the
Town Council 186 of 206 Meeting Date: May 2, 2011
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matters the agency regulates; (3) make changes to narrow the scope of the mission of the office of public
interest council; (4) change how compliance history is used in certain enforcement situations, including
limiting penalty enhancements or escalations attributed to compliance history, particularly with regard to
air quality; (5) increase the penalties for statute and rule violations under the jurisdiction of the TCEQ; (6)
require the TCEQ to create a general enforcement policy that takes into account the economic benefits of
noncompliance; (7) authorize the TCEQ to approve a city’s supplemental environmental project in lieu of
a fine that is necessary to bring the city into compliance with environmental laws or remediate
environmental harm caused by the city’s alleged violation; (8) require the TCEQ to develop a policy to
prevent a regulated entity from systematically avoiding compliance through the use of supplemental
environmental projects; (9) make changes to the fees, penalties, and authorized TCEQ action for
underground storage tanks; (10) require any water right holder who impounds, diverts, or otherwise uses
state water to maintain water use information on a monthly basis to be made available to the TCEQ
during an emergency water shortage or in response to a complaint, upon request; (11) authorize the TCEQ
to order suspension and reallocation of water rights during a drought or other emergency water shortage
and require recipients of a water transfer to comply with drought management measures; (12) extend the
time period for a city-owned utility to notify ratepayers outside of city limits of a rate increase and allow
the city to provide the notice electronically, when possible; (13) allow a non-city-owned utility to provide
notice to a city of a rate increase via e-mail; (14) shift the burden of proof in a contested case hearing over
a permit to the affected person rather than the applicant; (15) require an applicant for a permit for a new
electric generating facility to submit an assessment comparing the best available technology for water
cooling to the technology proposed for use by the facility; and (16) make several changes to dam
inspection and regulation. (Companion is S.B. 657 by Huffman.)
S.B. 44 (Zaffirini), Relating to the detention and transportation of a person with a mental illness. Passed
the Senate.
S.B. 100 (Van de Putte), Relating to the adoption of voting procedures necessary to implement the
federal Military and Overseas Voter Empowerment Act. Passed the Senate. (Please see article elsewhere
in this edition.)(Companion bill is H.B. 111 by V. Taylor.)
S.B. 313 (Seliger), Relating to priority groundwater management areas. Passed the House. As passed,
the bill would: (1) authorize the Texas Commission on Environmental Quality (TCEQ) to merge certain
adjacent priority groundwater management areas and create procedures for a merger; and (2) allow the
TCEQ to adopt rules regarding the inclusion of all or part of the land within an existing priority
groundwater management area in a new or existing special district.
S.B. 602 (Rodriguez), Relating to allowing a governmental body to redact certain personal information
under the public information law without the necessity of requesting a decision from the attorney general
and the calculation of certain deadlines. Passed the Senate. (Companion bill is H.B. 1671 by Marquez.)
S.B. 660 (Hinojosa), Relating to the review and functions of the Texas Water Development Board,
including the functions of the board in connection with the process for establishing and appealing desired
future conditions in a groundwater area. Passed the Senate. This is the Texas Water Development Board
sunset bill. As passed, the bill would – in addition to previously summarized provisions – remove the
current provisions requiring the attorney general to seek a writ of mandamus or other legal remedy in
Travis County court to compel a political subdivision to pay that has defaulted on a payment agreement
(usually loans or bond assistance) with the board.
S.B. 661 (Nichols), Relating to the continuation of the Electric Reliability Council of Texas, the Office of
Public Utility Counsel, and the Public Utility Commission of Texas and to the transfer of functions from
the Texas Commission on Environmental Quality. Passed the Senate.
Town Council 187 of 206 Meeting Date: May 2, 2011
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S.B. 898 (Carona), Relating to energy efficiency programs in institutions of higher education and certain
governmental entities. Passed the Senate.
S.B. 924 (Carona), Relating to energy efficiency reports by municipally owned utilities and electric
cooperatives. Passed the Senate.
S.B. 1048 (Jackson, Mike), Relating to the creation of public and private facilities and infrastructure.
Passed the Senate. As passed by the Senate, the bill would create a program with detailed criteria to
encourage public and private facilities and infrastructure, and would provide that the bill is not exclusive
of other authority and that a political subdivision must adopt a resolution to act pursuant to the bill’s
authority. (Companion bill is H.B. 2432 by J. Davis.)
S.B. 1082 (Hegar), Relating to strategic partnerships for the continuation of certain water districts
annexed by a municipality. Passed the Senate. (Companion bill is H.B. 1979 by Laubenberg.)
S.B. 1217 (Estes), Relating to an excavator’s duty to notify a notification center before excavating.
Passed the Senate. (Companion bill is H.B. 263 by Hilderbran.)
S.B. 1270 (Wentworth), Relating to the public information law. Passed the Senate.
S.B. 1293 (Hegar), Relating to the amounts of administrative, civil, and criminal penalties for violations
relating to certain pipelines. Passed the Senate. As passed, the bill would increase the penalty for
violation of gas pipeline safety rules to $100,000 per day.
S.B. 1420 (Hinojosa), Relating to the continuation and functions of the Texas Department of
Transportation. Passed the Senate. This is the Texas Department of Transportation (TxDOT) sunset bill.
As passed, the bill, among many other things, would:
1. require TxDOT to develop a statewide transportation plan covering a period of 24 years and that
is updated every four years that contains all modes of transportation;
2. provide that the plan must contain specific, long-term transportation goals for the state and
measurable targets for each goal, identify priority corridors, projects, or areas of the state that are
of particular concern in meeting the plan goals, and contain a participation plan specifying
methods for obtaining formal input on the plan’s goals and priorities with input from, among
others, political subdivisions;
3. provide that the Texas Transportation Commission by rule shall establish standards for processing
an environmental review document for a highway project that must increase efficiency, minimize
delays, and encourage collaboration and cooperation by the department with a local government
sponsor, with a goal of prompt approval of legally sufficient documents;
4. a local government sponsor and TxDOT may enter into an agreement that defines the relative
roles and responsibilities of the parties in the preparation and review of environmental review
documents for a specific project;
5. require TxDOT to establish a project information reporting system that makes available in a
central location on the Internet easily accessible and searchable information regarding all of
TxDOT’s transportation plans;
6. require TxDOT to develop a process to identify and distinguish between the transportation
projects that are required to maintain the state infrastructure and the transportation projects that
would improve the state infrastructure in a manner consistent with the statewide transportation
plan;
Town Council 188 of 206 Meeting Date: May 2, 2011
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7. require TxDOT to develop a unified transportation program covering a period of 10 years and
updated each year to guide the development of and authorize construction of transportation
projects;
8. provide that any fines or fees received under the Texas highway Beautification Act go to the state
highway fund, as opposed to the state highway beautification account;
9. create additional administrative procedures, fees, and civil penalties relating to outdoor
advertising that is subject to state law;
10. provide that the combined license and permit fees may not exceed $10 for an off-premise sign
erected and maintained by a nonprofit organization in a city or a city’s extraterritorial jurisdiction
if the sign relates to or promotes only the city or a political subdivision whose jurisdiction is
wholly or partly concurrent with the city; and
11. require TxDOT, in cooperation with local governments, to actively manage a system of
changeable message signs located on highways under the jurisdiction of TxDOT to mitigate
traffic congestion by providing current information to the traveling public, including information
about traffic incidents, weather conditions, road construction, and alternative routes when
applicable.
(Companion bill is H.B. 2675 by Harper-Brown.)
S.B. 1521 (Uresti), Relating to the distribution of money appropriated from a municipal court building
security fund. Passed the Senate.
S.B. 1612 (Ogden), Relating to the monitoring, oversight, and funding of certain public retirement
systems. Passed the Senate.
S.B. 1638 (W. Davis), Relating to the exception of certain personal information from required disclosure
under the public information law. Passed the Senate.
S.B. 1692 (Lucio), Relating to municipal and county budgets on the Internet. Passed the Senate.
S.J.R. 37 (Van de Putte), Proposing a constitutional amendment to repeal the provision that requires the
automatic resignation of certain county, municipal, or district officeholders if they become candidates for
another office. Passed the Senate. As passed, the bill would amend the resign to run provision of the
Texas Constitution, Section 65, Article XVI, to provide that certain elected district, county, and precinct
officers who announce their candidacy for another office more than one year and thirty days before the
expiration of their current term of office automatically resign from office.
CITY-RELATED BILLS FILED
S.B. 2 (Jackson) – Economic Development: would allow the Texas Economic Development and
Tourism Office to establish the Public-Private Competitiveness Initiative for Industry Clusters, under
which cities may apply to receive matching grants to stimulate local economic growth.
S.B. 1906 (Wentworth) – Open Meetings Act: would provide that a municipal governmental body that
posts notice of each meeting on its official Internet Web site shall provide during regular office hours a
computer terminal at certain municipal facilities convenient to the public that members of the public may
use to view notices of meetings posted by the city.
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S.B. 1908 (Lucio) – Annexation: would provide that a type A general law city that meets certain criteria
in current law may unilaterally annex an area if the area receives water and sewer service from a
municipal utility district that provides water and sewer service to all or part of the city.
CITY OFFICIALS TESTIFY
When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the
Capitol. City officials who take their time to travel to Austin to speak out on important city issues should
be applauded by us all.
Among the city officials who recently testified in front of legislative committees are the following:
Tommy Gonzales, City Manager, Irving
Robert Lowry, Arlington
Ray Lopez, Councilmember, San Antonio
Michael Talbot, City Manager, Bastrop
Todd Renshaw, Police Department, Frisco
Robert Finn, Department of Public Safety, Southlake
Gilbert Palacios, Fire Department, Houston
Michael Dirden, Police Department Arson Unit Chief, Houston
Jay Cairns, Councilmember, Uvalde
Steve Griffith, Assistant City Manager, Sugarland
Sylvia Firth, Director of Government Affairs, El Paso
Jesus Garza, City Administrator, Von Ormy
Landon Stalling, Fire Marshal, Fort Worth
Darrin Hall, Intergovernmental Relations, Houston
John Cabrales, Intergovernmental Relations, Denton
A.C. Gonzalez, Assistant City Manager, Dallas,
Miguel Ozuna, Human Resources Director, Cedar Park
Michael Wolfe, Mayor, Hempstead
John Cueller, Councilmember, Weslaco
Bruce Pearson, Cibolo
Charles Zech, Cibolo
John Bierschwale, Assistant City Manager, Schertz
Randy Burkett, Traffic Engineer, Fort Worth
Gary Schatz, Traffic Engineer, Austin
Brian Gruetzner, Police Department, Austin
Floyd Akers, City Attorney, Pflugerville
While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed
your testimony or the testimony of another official in your city, please contact us at the following e-mail
address, and we will include your name in the next edition of the TML Legislative Update:
testify@tml.org.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part
of this document without the written authorization of the
Texas Municipal League.
Town Council 190 of 206 Meeting Date: May 2, 2011
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April 29, 2011
Number 17
SENATE FINANCE COMMITTEE WRAPS UP WORK ON THE
STATE BUDGET
The Senate Finance Committee wrapped up its work on the state budget last week. The full
Senate is expected to consider the budget soon.
Overall, the Senate Committee Substitute to House Bill 1 (C.S.H.B. 1) appropriates
approximately $12 billion more than the House version, but is
still $11 billion shy of what was appropriated for the 2010-2011
biennium.
The Senate Finance Committee proposal makes approximately
$154 million in cuts over the biennium in appropriations that
previously flowed to cities, including cuts to the mixed beverage
tax, library aid, local parks grants, and solid waste grants. If there
is a silver lining, it is that the House and the Senate are currently
only $28.7 million apart on the funding items that affect cities.
That makes it less likely – though not certain – that cities would
face further cuts later in the process.
Once the budget is approved by the full Senate, C.S.H.B. 1 will
be considered by a conference committee made up of members
from the House and the Senate. The conference committee is
charged with working out the differences between what was
voted from the two chambers.
DON’T MISS THE LEAGUE’S
2011 LEGISLATIVE
WORKSHOPS
The League is pleased to offer
live and online seminars
regarding the 2011 legislative
session:
Online on May 13.
Live in Austin on June
27.
Please go to www.tml.org and
click on “Training.”
Town Council 191 of 206 Meeting Date: May 2, 2011
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WHAT FEDERAL, STATE, AND LOCAL GOVERNMENTS ARE
DOING ABOUT K2
K2 is a mixture of herbs and spices sprayed with a synthetic compound that is chemically similar
to TCH, the psychoactive ingredient in marijuana. It is oftentimes packaged and sold as incense,
and is abused because it mimics the high of marijuana.
The Texas Department of State Health Services (DSHS) reports that, since January 2010,
approximately 600 calls were made to the Texas Poison Center Network related to K2 exposure.
Reported adverse effects associated with use of these marijuana-like substances include chest
pain, heart palpitations, agitation, drowsiness, hallucinations, nausea, vomiting, dizziness, and
confusion. Action has been taken at every level of government in response to this public health
and safety hazard.
Cities were some of the first governmental actors in Texas to work to address the K2 problem.
In Texas, cities including Allen, Bryan, Cedar Park, College Station, Dallas, Jasper, Plano,
Sulphur Springs, Tyler, and others have adopted regulations regarding the sale and possession of
K2.
On March 1, 2011, the federal Drug Enforcement Agency (DEA) used its emergency scheduling
authority and issued a final order to control five synthetic cannabinoid chemicals in so-called
“fake pot” products such as K2. The order temporarily places these chemicals in Schedule 1 of
the Controlled Substances Act, which makes it illegal to manufacture, sell, or possess these
products for at least one year.
The DSHS is generally required by state law to place substances on the federal Controlled
Substances list into the Texas Schedules of Controlled Substances. Thus, in response to DEA’s
action, DSHS added the same five chemicals to Schedule 1 of the Texas Schedules of Controlled
Substances. The Texas ban became effective April 22, 2011. Penalties for the manufacture,
sale, or possession of K2 are set out in Chapter 481 of the Health and Safety Code (the “Texas
Controlled Substances Act”). To the extent a local ordinance works to regulate the same
chemicals, it is now likely preempted by this statewide action.
In addition, several bills have been filed this legislative session calling for the prohibition of K2.
For instance, Senate Bill 331 (Shapiro) and House Bill 597 (Madden) would add certain
synthetic cannabinoids to Penalty Group 2 of the Texas Controlled Substances Act. S.B. 331 has
passed the Senate and has been referred to the House Committee on Criminal Jurisprudence.
TRANSPARENCY IN THE TEXAS SENATE? NOT SO MUCH
On April 7, the author of a Senate bill that would allow concealed handgun license holders to
carry their guns on college campuses brought the bill to the Senate floor. According to the Texas
Observer, on that date, “we saw some unscripted debate and a rare public tiff between two
senators.”
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During the debate, one Senator publicly changed his mind about the bill on the Senate floor,
which left it without the votes necessary to move forward. “The Texas Senate usually conducts
business behind closed doors. What happens on the Senate floor typically has been figured out
beforehand,” reported the Observer.
The bill was pulled down and most presumed it was dead for the session. But, on April 27, the
author attempted to add it as an amendment to an unrelated higher education reform bill. The
bill’s author, a Democrat, was visibly concerned at the proffered amendment. After some
parliamentary procedure questions were raised by Senators, an interesting – but not unusual –
thing happened.
The dean of the Senate rose and moved that the Senate recess into a “caucus of the whole
Senate” to discuss “some procedural issues.” What does that mean in plain English? It means
that the Senate went behind closed doors, presumably to figure out what to do next. (After three
hours of closed door discussions, the president of the Senate came to the dais and adjourned the
Senate until the following day with no further explanation.)
Wouldn’t it be interesting if a mayor tried to take his or her entire city council behind closed
doors to discuss “some procedural issues”? That won’t ever happen, of course, because if it did,
that mayor and every member of the city council would be subject to criminal penalties,
including jail time.
It sure would have been interesting to be a fly on the wall during that “caucus of the whole,”
wouldn’t it?
CONGRESS PASSES SPENDING BILL
After weeks of partisan bickering and a near government shutdown, the United States House and
Senate passed a fiscal year 2011 spending bill with the largest cuts in domestic discretionary
spending in history. The compromise bill, H.R. 1473, which House and Senate leadership and
the White House agreed to shortly before the deadline, slashed nearly $40 billion from federal
programs, including the Community Development Block Grant (CDBG) program.
Throughout the negotiation process, cities and towns fought hard to preserve funding for the
CDBG program, one of the most effective federal programs that serves as a catalyst for
economic recovery and job creation in communities of all sizes. Under the agreement, CDBG
would be funded at $3.3 billion – or $600 million less – than in fiscal year 2010, but $1.8 billion
more than the program would have received in an earlier House-passed measure, H.R. 1.
In response to the vote, NLC Executive Director Donald J. Borut, said, “While we are grateful
that the House and Senate agreed to fund CDBG and other programs important to cities and
towns at higher levels than in H.R. 1, cuts to these programs of any amount will mean that cities
will be forced to cut programs and services at the local level, which will very likely lead to
layoffs and a drag on economic recovery in our communities.”
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In addition to cuts to CDBG, the HOME program loses nearly $200 million in funding, but the
Choice Neighborhoods and Sustainable Communities programs, both of which would have been
eliminated under H.R. 1, would each be funded at $100 million for fiscal year 2011.
Under the measure, the federal highway program is cut by nearly $900 million and funding for
high speed rail, a priority for President Obama, would be eliminated. However, the measure does
include $528 million for the National Infrastructure Investment Grants program, which would be
modeled after the popular TIGER program; under H.R. 1, this program would have been
eliminated.
After completing their work on the fiscal year 2011 spending, members of Congress headed
home for a two-week recess.
When they return in May, they will face potentially even more contentious debates involving
fiscal year 2012 spending, the country’s debt ceiling and disagreements on how to reduce the
country’s $14 trillion deficit.
“Clearly, there will continue to be pressure on Congress and the Administration to reduce federal
spending,” Borut said. “That’s why city officials must continue to impress upon federal
policymakers the essential nature of these programs have in our communities and for our
families. Now is not the time to be silent hoping they already know this to be the case.”
The article above was reprinted with permission from the National League of Cities.
TCEQ SEEKING COMMENTS ON PROPOSED LEAD
TRANSPORT CHANGES TO STATE IMPLEMENTATION
PLAN
The Texas Commission on Environmental Quality (TCEQ) is considering a revision to the state
implementation plan (SIP), which governs air quality regulation in the state.
The proposed revision would incorporate a plan to address lead transport for the 2008 lead
National Ambient Air Quality Standard (NAAQS). These revisions reference existing control
strategies to reduce the concentration of lead, dispersion modeling of major lead sources in
Texas, and issues that may specifically affect cities in Collin County.
Additionally, the revision verifies that the Prevention of Significant Deterioration and
Nonattainment New Source Review permitting programs are being implemented in Texas and
that lead is not considered a visibility-impairing pollutant.
A public hearing on this proposal will be held at the TCEQ headquarters in Austin on May 17,
2011, at 10:00 a.m., and will be structured for the receipt of oral or written comments by
interested persons. Written comments on the proposed revision may also be mailed, faxed, or
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submitted to the agency electronically. The public comment period opened on April 22 and will
close on May 23. For more information, please visit the TCEQ's “SIP Hot Topics” Web page at
http://www.tceq.texas.gov/airquality/sip/Hottop.html.
SIGNIFICANT COMMITTEE ACTIONS
H.B. 138 (Callegari), Relating to the acquisition of and compensation for real property,
including blighted property, for public purposes through condemnation or certain other means.
Reported from the House Committee on Land and Resource Management. As reported, the bill
would provide – among other things – 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);
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; and
5. an area may not be considered blighted solely for aesthetic reasons.
H.B. 256 (Hilderbran), Relating to state-issued certificates of franchise authority to provide
cable service and video service. Reported from the House Committee on State Affairs.
H.B. 274 (Creighton), Relating to attorney’s fees, early dismissal, expedited trials, and the
reform of certain remedies and procedures in civil actions. Reported from the House Committee
on Judiciary and Civil Jurisprudence.
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H.B. 305 (Harless), Relating to the punishment prescribed for burglary of a vehicle. Reported
from the House Committee on Criminal Jurisprudence.
H.B. 351 (Veasey), Relating to the expunction of records and files relating to a person's arrest.
Reported from the House Committee on Criminal Jurisprudence.
H.B. 507 (Button), Relating to notice for certain transactions involving local government
entities. Reported from the House Committee on Technology.
H.B. 628 (Callegari), Relating to contracts by governmental entities and related professional
services and to public works performance and payment bonds. Reported from the House
Committee on Government Efficiency and Reform. As reported, the bill would generally
consolidate the provisions of current law relating to alternative delivery systems for construction
projects into one chapter in the Government Code. The bill would also, among many other
things: (1) prohibit a reverse auction procedure for a public works contract for which a
performance or payment bond is required; (2) provide that the board of trustees of a school
district may enter into an agreement for the design, construction, or renovation of improvements
to real property not owned or leased by the district if the improvements benefit real property
owned or leased by the district, such as the design, construction, or renovation of highways,
roads, streets, sidewalks, crosswalks, utilities, and drainage improvements; and (3) prohibit the
use of an interlocal contract to purchase construction services unless the services are in
connection with the construction of a specific facility to be jointly owned, used, or financed by
the parties to the contract or: (a) the services are in connection with a job order contract; (b) the
governing body of the governmental entity for whom the work will ultimately be performed
approves the purchase in open session; (c) public notice is provided in a manner consistent with a
direct contract for job order contracting services; and (d) work orders under the contract comply
with state law.
H.B. 800 (C. Anderson), Relating to an interlocal contract between a governmental entity and a
purchasing cooperative to purchase roofing materials or services. Reported from House
Committee on Government Efficiency and Reform. As reported, this bill would provide that an
interlocal contract between a governmental entity and a purchasing cooperative may not be used
to purchase roofing materials or services, including materials or services for construction, repair,
or replacement of a roof unless the contract is a renewal of a contract based on a request for
proposal submitted before September 1, 2011.
H.B. 956 (Marquez), Relating to the state fire marshal's investigation of the death of a
firefighter who dies in the line of duty or in connection with an on-duty incident. Reported from
the House Committee on Urban Affairs. (Companion bill is S.B. 396 by Deuell.)
H.B. 984 (Truitt), Relating to agreements between contiguous municipalities regarding
jurisdiction of cases in municipal courts. Reported from the Senate Jurisprudence Committee.
H.B. 1047 (Schwertner), Relating to the impoundment of a motor vehicle if operated without
financial responsibility and a driver's license. Reported from the House Committee on
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Transportation. As reported, the bill would authorize a peace officer to impound the vehicle of a
person only if detailed procedures are followed and the person: (1) is involved in a motor vehicle
accident or is stopped for an alleged violation of a local traffic ordinance, a state traffic law, or
any other law that applies to the operation of a vehicle on a roadway; and (2) operates a motor
vehicle without insurance.
H.B. 1092 (Christian), Relating to the exemption from certain construction requirements for
volunteer fire departments in certain counties. Reported from the House Committee on Licensing
and Administrative Procedures. (Companion bill is H.B. 1231 by Hopson.)
H.B. 1164 (Keffer), Relating to enforcement actions by the Texas Board of Professional
Engineers against political subdivisions and certain public officials. Reported from the House
Committee on Licensing and Administrative Procedures
H.B. 1178 (Flynn), Relating to employment protection for members of the state military forces.
Reported from the House Committee on Defense and Veterans’ Affairs.
H.B. 1406 (Riddle), Relating to the persons authorized to take a blood specimen from a vehicle
operator to test for alcohol concentration or other intoxicating substances. Reported from the
House Committee on Criminal Jurisprudence.
H.B. 1457 (Fletcher), Relating to interception of wire, oral, or electronic communications for
law enforcement purposes. Reported from the House Committee on Homeland Security and
Public Safety (Companion bill is S.B. 687 by Huffman.)
H.B. 1626 (Flynn), Relating to the use of alternate electronic reporting databases for over-the-
counter sales of ephedrine, pseudoephedrine, and norpseudoephedrine. Reported from the House
Committee on House Homeland Security and Public Safety
H.B. 1959 (Thompson), Relating to appeal of the refusal of an alcoholic beverage license or
permit based on a certification of an area’s wet or dry status. Reported from the House
Committee on Licensing and Administrative Procedures. As reported, the bill would provide
that if a county clerk, city secretary, or city clerk certifies that the location or address given in an
application to the Texas Alcoholic Beverage Commission is not in a wet area or otherwise
refuses to issue the certification, the applicant is entitled to a hearing before the county judge to
contest the certification or refusal to certify.
H.B. 2048 (Lyne), Relating to the collection and enforcement of state and local hotel occupancy
taxes. Reported from House Committee on House Ways and Means.
H.B. 2174 (Hartnett), Relating to the establishment of the judicial access and improvement
account to provide funding for basic civil legal services, indigent defense, and judicial technical
support through certain county service fees. Reported from the House Committee on Judiciary
and Civil Jurisprudence.
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H.B. 2443 (Price), Relating to persons remaining on and parking vehicles on state highway
right-of-way. Reported from the House Committee on Transportation.
H.B. 2477 (Harless), Relating to the provision of bilingual election materials. Reported from the
House Committee on Elections. (Companion bill is S.B. 1039 by Ellis.)
H.B. 2490 (Solomons), Relating to the regulation of certain metal dealers. Reported from the
House Committee on Environmental Regulation.
H.B. 2686 (Lucio), Relating to the impoundment of a motor vehicle involved in an accident if
operated without financial responsibility. Reported from the House Committee on
Transportation.
H.B. 2889 (Madden), Relating to the expunction of records and files relating to a person’s
arrest. Reported from the House Committee on Criminal Jurisprudence. (Companion bill is S.B.
1473 by Hinojosa.)
H.B. 2902 (Zerwas), Relating to the release of extraterritorial jurisdiction by certain general-law
municipalities. Reported from the House Committee on Land and Resource Management.
H.B. 2944 (Coleman), Relating to Internet availability of bonds and other debt obligations
issued by local governments. Reported from the House Committee on County Affairs. As
reported, the bill would: (1) require the Bond Review Board to develop and maintain a
searchable computerized database of outstanding bonds and other debt obligations issued by each
local government; and (2) require local governmental entities to provide information to the Bond
Review Board that is determined to be necessary for the database.
H.B. 3001 (Thompson), Relating to the electronic monitoring of certain high-risk sex offenders.
Reported from the House Committee on Criminal Jurisprudence.
H.B. 3037 (Chisum), Relating to contested case hearings for environmental permits. Reported
from the House Committee on Environmental Regulation.
H.B. 3082 (Isaac), Relating to the location of certain mobile voting stations. Reported from the
House Committee on Elections.
H.B. 3391 (D. Miller), Relating to rainwater harvesting and other water conservation initiatives.
Reported from the House Committee on Natural Resources.
H.B. 3393 (Hughes), Relating to the filing by a court reporter of an official transcript of a court
proceeding. Reported from the House Committee on Judiciary and Civil Jurisprudence.
H.B. 3486 (V. Taylor), Relating to municipal regulation of dogs used for search and rescue or
law enforcement purposes. Reported from the House Committee on Urban Affairs.
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H.B. 3530 (Ritter), Relating to the functions of the Texas Water Development Board, including
the functions of the board and related entities in connection with the process for establishing
desired future conditions in a groundwater management area. Reported from the House
Committee on Natural Resources. This bill is the Texas Water Development Board (TWDB)
sunset bill. The bill would, among other provisions: (1) require the TWDB to develop and
implement a policy to encourage the use of negotiated rulemaking and alternative dispute
resolution procedures; (2) make changes to the manner in which defaults on TWDB financial
assistance is handled by the board; (3) require the TWDB to create a uniform water use
calculation system for municipal water use and require that the system be used in water
conservation plans and certain other reports required by statute; (4) require the executive
administrator of the TWDB to designate the director of the Texas Natural Resources Information
System to serve as the state geographic information officer and, among other duties, support the
geographic data needs of emergency management responders during emergencies; (5) require the
TWDB to establish advisory committees, including local governmental representative members,
to assist the board with state geographic data issues; (6) require regional water plans to be
consistent with the desired future conditions adopted for the relevant aquifers located in the
regional water planning area. (Companion bill is S.B. 660 by Hinojosa.)
H.B. 3547 (Alvarado), Relating to enforcement by a local government of fire safety standards at
certain child-care facilities. Reported from the House Committee on Urban Affairs.
H.B. 3610 (Thompson), Relating to periodic rate adjustments by electric utilities. Reported
from the House Committee on State Affairs. (Please see S.B. 1693 by Carona in Recent Floor
Actions in this edition.)
H.B. 3692 (Gallego), Relating to peace officer interaction with persons with mental illness and
to a person's incompetency to stand trial. Reported from House Committee on Criminal
Jurisprudence. As reported, the bill would: (1) require a peace officer answering an emergency
call to attempt to determine whether any person involved is a person with mental illness and, if
so, and if no offense has been committed: (a) require the officer to notify local mental health
authorities; (b) allow an officer to provide assistance to the mentally ill person; (c) authorize the
officer take the person into custody; (2) require a peace officer answering an emergency call to
attempt to determine whether any person involved is a person with mental illness and, if so, and
if an offense has been committed, authorize the officer to issue a citation in lieu of arrest or take
the person into custody; (3) provide, in regard to an incompetency trial, that a suggestion of
incompetency is the threshold requirement for an informal inquiry which may be satisfied solely
by a representation from any source; and (4) require the Texas Commission on Law Enforcement
Officer Standards and Education to establish minimum curriculum requirements for preparatory
and advanced programs that include training in mental illness.
H.J.R. 137 (Ritter), Proposing constitutional amendments relating to the funding of certain
water projects. Reported from the House Committee on Natural Resources. As reported, the
resolution would amend the Texas Constitution to provide that the Texas Water Development
Board may issue general obligation bonds, at its determination and on a continuing basis, for one
or more accounts of the Texas Water Development Fund in amounts such that the aggregate
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principal amount of the bonds issued by the board that are outstanding at any time does not
exceed $6 billion.
S.B. 9 (Williams), Relating to homeland security. Reported from Senate Committee on
Transportation and Homeland Security. As reported, the bill would require a law enforcement
agency to: (1) verify the immigration status of a person held in custody; or (2) notify the United
States Immigration and Customs Enforcement if the agency is unable to verify the person’s
immigration status.
S.B. 365 (Ogden), Relating to distributed generation of electric power. Reported from the Senate
Business and Commerce Committee. (Companion bill is H.B. 225 by Strama.)
S.B. 396 (Deuell), Relating to the state fire marshal’s investigation of the death of a firefighter
who dies in the line of duty or in connection with an on-duty incident. Reported from the House
Committee on Urban Affairs. (Companion bill is H.B. 956 by Marquez.)
S.B. 545 (Seliger), Relating to employment records for law enforcement officers, including
procedures to correct employment termination reports. Reported from the House Committee on
Homeland Security and Public Safety.
S.B. 812 (Zaffirini) Relating to the service requirement benefits of certain retirees who resume
employment within the Texas Municipal Retirement System. Reported from the Senate State
Affairs Committee. As reported, this bill would modify the reemployment provisions related to
retirement under the Texas Municipal Retirement System so that a person who resumes
employment with the same employing city after at least 12 months separated from the city is
entitled to a lump sum payment of his suspended annuity payments.
S.B. 904 (D. Patrick), Relating to the eligibility of certain overseas voters to receive a full
ballot. Reported from the House Committee on Elections. (Companion bills are H.B. 1697 by P.
King and H.B. 1773 by L. Taylor.)
S.B. 1164 (Wentworth), Relating to optional annuity increases and annual supplemental
payments for certain retirees and beneficiaries of the Texas Municipal Retirement System.
Reported from the Senate State Affairs Committee. As reported, this bill would give the
members of the Texas Municipal Retirement System another option when calculating possible
increases in annuities or supplemental benefits given to retirees and beneficiaries of deceased
retirees. (Companion bill is H.B. 2934 by Castro.)
S.B. 1420 (Hinojosa), Relating to the continuation and functions of the Texas Department of
Transportation. Reported from the House Committee on Transportation. (Companion bill is H.B.
2675 by Harper-Brown.)
S.B. 1505 (Uresti), Relating to the appraisal for ad valorem tax purposes of a real property
interest in oil or gas in place. Reported from the Senate Finance Committee. As reported, the bill
would change the method by which a real property interest in oil and gas in place is appraised
by: (1) using the average price of the oil or gas interest for the preceding calendar year; and (2)
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eliminating the comptroller-computed market condition factor multiplier and instead using a
price adjustment factor. (Companion bill is H.B. 889 by Lewis.)
S.B. 1529 (Hinojosa), Relating to the date by which law enforcement agencies must report
arrests to the Department of Public Safety. Reported from the Senate Criminal Justice
Committee.
S.B. 1565 (Ellis), Relating to encouraging public participation by citizens by protecting a
person's right to petition, right of free speech, and right of association from meritless lawsuits
arising from actions taken in furtherance of those rights. Reported from the Senate State Affairs
Committee. (Companion bill is H.B. 2973 by Hunter.)
S.B. 1579 (Ogden), Relating to state fiscal matters related to general government. Reported from
the Senate State Affairs Committee. As reported, the bill would – among many other things –
provide that: (1) a state agency that receives an appropriation from the state may,
notwithstanding any other law, adopt fees or charges of any amount to cover any costs the
agency incurs in performing its lawful functions; and (2) the Texas Enterprise Fund may be used
for the Texas homeless housing and services program administered by the Texas Department of
Housing and Community Affairs. (Companion bill is H.B. 3665 by Otto.)
S.B. 1583 (Ogden), Relating to state fiscal matters related to law enforcment and criminal
justice. Reported from the Senate Finance Committee. As reported, the bill would: (1) require an
auto insurer to pay to the automobile burglary and theft prevention authority a fee of $2 per
motor vehicle year of insurance for insurance policies delivered, issued for delivery, or renewed
by the insurer; and (2) require that 50 percent of each fee collected be appropriated only to the
authority. (Companion bill is H.B. 3649 by Otto.)
S.B. 1584 (Ogden), Relating to state fiscal matters related to natural resources and the
environment. Reported from the Senate Finance Committee. As reported, the bill would: (1)
require the Texas Railroad Commission (TRC) to provide for the imposition of reasonable
surcharges as necessary on fees imposed by the TRC that are required to be deposited to the
credit of an oil and gas regulation and cleanup fund in amounts sufficient to enable the TRC to
recover the costs of performing certain functions related to oil and gas regulation and cleanup;
(2) authorize the money in the oil and gas regulation and cleanup fund to be used for any purpose
related to the regulation of oil and gas development, including oil and gas monitoring and
inspections, oil and gas remediation, oil and gas well plugging, public information and services
related to those activities, and administrative costs and state benefits for personnel involved in
those activities; and (3) abolish the current oil-field cleanup fund. (Companion bill is H.B. 3418
by Darby.)
S.B. 1798 (West), Relating to a presumption that certain retailers are engaged in business in this
state for the purpose of the use tax. Reported from the Senate Finance Committee. (Companion
bill is H.B. 1317 by Naishtat.)
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S.B. 1816 (Zaffirini), Relating to county and municipal land development regulation. Reported
from the Senate International Relations and Trade Committee. (Companion bill is H.B. 2803 by
Raymond.)
S.J.R. 4 (Hinojosa), Proposing a constitutional amendment providing for the issuance of
additional general obligation bonds by the Texas Water Development Board. Reported from the
Senate Finance Committee.
SIGNIFICANT FLOOR ACTIONS
H.B. 38 (Menendez), Relating to the punishment for the offense of graffiti. Passed the House.
As passed, the bill would, among other provisions: (1) 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; and (2) require a juvenile court
that finds that a child who has previously been adjudicated for a graffiti offense for placing
markings on certain structures to order the child and the parent or guardian of the child to make
restitution by personally restoring the property, with the owner’s consent.
H.B. 343 (Fletcher), Relating to the reporting and recording of a motor vehicle accident
involving an official vehicle driven by a peace officer, firefighter, or an emergency medical
services employee in the course of official duties. Passed the House.
H.B. 782 (Y. Davis), Relating to a requirement that certain bond issuers obtain an appraisal of
property that is to be purchased with bond proceeds. Passed the House. As passed, the bill would
provide that neither a city nor a type B economic development corporation may purchase
property wholly or partly with bond proceeds until the entity obtains an independent appraisal of
the property’s market value.
H.B. 812 (P. King), Relating to the definition of peace officer for purposes of intercepting or
collecting information in relation to certain communications in an investigation of criminal
conduct. Passed the House.
H.B. 887 (Geren), Relating to registration of a motor vehicle alleged to have been involved in a
violation detected by a photographic traffic signal enforcement system. Passed the House.
H.B. 896 (C. Howard), Relating to auxiliary members of an appraisal review board. Passed the
House.
H.B. 1094 (Farias), Relating to the availability on the Internet of reports of political
expenditures and contributions filed in connection with certain county and municipal offices.
Passed the House.
H.B. 1168 (D. Miller), Relating to smoke alarms and fire extinguishers in residential rental
units. Passed the House.
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H.B. 1261 (Thompson), Relating to court costs imposed on conviction and deposited to the
municipal court technology fund. Passed the House. (Companion bill is S.B. 1678 by Ellis.)
H.B. 1283 (Craddick), Relating to consideration of a bidder's principal place of business in
awarding certain municipal contracts. Passed the House. (Companion bill is S.B. 640 by Seliger.)
H.B. 1545 (Lewis), Relating to the authority of certain political subdivisions to change the date
of their general elections. Passed the House. (Companion bill is S.B. 1033 by Seliger.)
H.B. 1559 (S. Davis), Relating to a prohibition on the destruction of certain court documents.
Passed the House.
H.B. 1711 (J. Davis), Relating to disaster remediation contracts. Passed the House.
H.B. 1841 (Hartnett), Relating to the taxability of Internet hosting. Passed the House.
H.B. 1859 (Hochberg), Relating to the applicability of architectural barrier standards. Passed the
House. As passed, this bill would provide that architectural barriers do not apply to a building or
facility owned, operated, or controlled by a religious organization, including a place of worship,
if the religious organization applies to the Texas Department of Licensing and Regulation for the
exemption.
H.B. 1899 (Pickett), Relating to the posting of signs in school crossing zones regarding the
prohibited use of a wireless communication device while operating a motor vehicle. Passed the
House.
H.B. 1933 (W. Smith), Relating to the regulation of metal recycling entities. Passed the House.
H.B. 2040 (Hamilton), Relating to critical incident stress management and crisis response
services. Passed the House. (Companion bill is S.B. 1065 by Williams.)
H.B. 2139 (Guillen), Relating to the establishment of an “Adopt a Library” program. Passed the
House.
H.B. 2226 (Truitt), Relating to authorized investments for governmental entities. Passed the
House.
H.B. 2289 (Crownover), Relating to the authority of a gas corporation to use a public right-of-
way along a railroad, a railroad right-of-way, an interurban railroad, or a street railroad. Passed
the House.
H.B. 2403 (Otto), Relating to a retailer engaged in business in this state. Passed the House.
H.B. 2466 (Phillips), Relating to the licensing and operation of motor vehicles by minors.
Passed the House.
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H.B. 2476 (Harless), Relating to the appraisal for ad valorem tax purposes of certain dealer's
heavy equipment inventory. Passed the House.
H.B. 2605 (L. Taylor), Relating to the continuation and functions of the division of workers’
compensation of the Texas Department of Insurance. Passed the House. As passed, the bill
would: (1) provide for a contested case hearing if a party has a medical dispute regarding
workers compensation that is not resolved by an independent review; (2) allow judicial review of
the case after the contested case hearing if there is still a dispute; (3) change the way
administrative violations by workers’ compensation insurance carriers are treated; (4) require
that a city ensure that a police officer or firefighter who is seriously injured in the line of duty be
provided with necessary medical care, compensation to pay for health care services to cure or
relieve the injury and any effects naturally resulting from the injury, and any necessary artificial
body part within ten days of receiving notice of a compensable injury; and (5) provide that the
loser pays in medical fee disputes. (Companion bill is S.B. 658 by Huffman.)
H.B. 2624 (Sheffield), Relating to procedures applicable in circumstances involving family
violence or other criminal conduct and military personnel. Passed the House. As passed, the bill
would require a police department who investigates or responds to a possible family violence
incident to note whether the suspect is a member of the armed forces, and if so, provide written
notice of the incident to the staff judge advocate or provost marshal of the suspect’s assigned
military installation.
H.B. 2694 (W. Smith), Relating to the continuation and functions of the Texas Commission on
Environmental Quality and abolishing the On-site Wastewater Treatment Research Council.
Passed the House. (Companion bill is S.B. 657 by Huffman.)
H.B. 3302 (Reynolds), Relating to the authority of certain Type A economic development
corporations to undertake certain categories of projects. Passed the House.
H.B. 3465 (Sheffield), Relating to the ability of certain municipalities enhancing participation in
economic development programs, including small business development. Passed the House.
H.B. 3487 (V. Taylor), Relating to regulations concerning certain service animals. Passed the
House.
H.B. 3510 (Hamilton), Relating to the regulation of the towing, booting, and storage of vehicles.
Passed the House. (Companion bill is S.B. 1371 by Carona.)
H.B. 3823 (Thompson), Relating to the regulation of certain telecommunicators. Passed the
House.
S.B. 375 (Wentworth), Relating to categories of information presumed to be public under the
public information law. Passed the Senate. (Companion bill is H.B. 1044 by Solomons.)
S.B. 573 (Nichols), Relating to certificates of public convenience and necessity for water or
sewer services. Passed the Senate.
Town Council 204 of 206 Meeting Date: May 2, 2011
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S.B. 602 (Rodriguez), Relating to allowing a governmental body to redact certain personal
information under the public information law without the necessity of requesting a decision from
the attorney general and the calculation of certain deadlines. Passed the Senate. (Companion bill
is H.B. 1671 by Marquez.)
S.B. 913 (Estes), Relating to the transmission of records regarding over-the-counter sales of
ephedrine, pseudoephedrine, and norpseudoephedrine and a person's civil liability for certain acts
arising from the sale of those products. Passed the Senate. (Companion bill is H.B. 1137 by
Darby.)
S.B. 985 (Carona), Relating to the regulation of Voice over Internet Protocol service. Passed
the Senate. (Companion bill is H.B. 2874 by Geren.)
S.B. 1024 (Rodriguez), Relating to the prosecution of the offense of theft of service. Passed the
Senate. (Companion bill is H.B. 2196 by Rodriguez.)
S.B. 1178 (Nelson), Relating to the regulation of certain shelter day-care facilities, child-care
facilities, and individuals providing child-care services.
S.B. 1269 (Wentworth), Relating to honorariums offered to and accepted by public servants.
Passed the Senate. (Companion bill is H.B. 2629 by Branch.)
S.B. 1271 (Duncan), Relating to alternative dispute resolution systems established by counties.
Passed the Senate. (Companion bill is H.B. 2479 by Perry.)
S.B. 1442 (Shapiro), Relating to the application requirements for a local project permit. Passed
the Senate. (Companion bill is H.B. 2732 by Oliveira.)
S.B. 1489 (Whitmire), Relating to jurisdiction for the offenses of truancy and failure to attend
school. Passed the Senate.
S.B. 1692 (Lucio), Relating to municipal and county budgets on the Internet. Passed the Senate.
S.B. 1693 (Carona), Relating to periodic rate adjustments by electric utilities. Passed the Senate.
As passed, the bill would provide: (1) that the Public Utility Commission or a regulatory
authority (e.g., a city), on the petition of an electric utility, may approve a tariff or rate schedule
in which a nonfuel rate may be periodically adjusted upward or downward, based on changes in
the parts of the utility's invested capital; and (2) for procedures to implement the so-called
“periodic rate review mechanism” provided for in (1). (Companion bill is H.B. 3610 by
Thompson.)
S.B. 1752 (Uresti), Relating to confidentiality of Class C misdemeanor records related to the
conviction of a child. Passed the Senate.
Town Council 205 of 206 Meeting Date: May 2, 2011
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CITY-RELATED BILLS FILED
S.B. 1917 (Zaffirini) – Hotel Occupancy Tax: would repeal the local hotel occupancy tax
exemption for permanent hotel residents in cities with a population of less than 50,000.
S.J.R. 53 (Ellis) – Taxes: would amend the Texas Constitution to: (1) require the legislature to
periodically review state and local tax preferences, as that term is defined by the legislature; (2)
provide that any tax preference that takes effect on or after September 1, 2012, expires six years
after the date the preference takes effect, unless otherwise provided by the legislature.
CITY OFFICIALS TESTIFY
When the legislature is in session, nothing compares to the effectiveness of city officials testifying at the
Capitol. City officials who take their time to travel to Austin to speak out on important city issues should
be applauded by us all.
Among the city officials who recently testified in front of legislative committees are the following:
Shanae Jennings, City Secretary, Irving
Carl E. Gierisch, Mayor, Roanoke
Holly Gray-McPherson, Mayor Pro-Tem, Roanoke
Jim Jones, Police Department, San Antonio
Tom Schoolcraft, Mayor, Helotes
Tina Paez, Deputy Director of Regulatory Affairs, Houston
Mark Israelson, Assistant City Manager, Plano
Jay Dogey, City of Attorney, Arlington
Nick Fehrenbach, Manager of Regulatory Affairs, Dallas
Philip Boyd, Special Projects Coordinator, Lewisville
Robert Wood, City Manager, Westlake Hills
While TML monitors most hearings, we won’t catch the testimony of every city official. If we missed
your testimony or the testimony of another official in your city, please contact us at the following e-mail
address, and we will include your name in the next edition of the TML Legislative Update:
testify@tml.org.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part
of this document without the written authorization of the
Texas Municipal League.
Town Council 206 of 206 Meeting Date: May 2, 2011