HomeMy WebLinkAboutResolution 3457-02-2007
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NO 3457-02 2007
ADOPTING APPLICABLE SECTIONS OF THE TEXAS MUNICIPAL LEAGUE'S
2007 LEGISLATIVE PROGRAM
WHEREAS, the 80th session of the Texas Legislature is expected to consider more than
5,000 proposed bills of which an estimated 1,200 bills would affect Texas cities in varying degrees,
if enacted, and
WHEREAS, the City Council of the City of Fort Worth has adopted a 2007 Legislative
Program that identifies six priority and 21 support-level issues for which it will seek legislation
through members of the Tarrant County Texas Legislative delegation or others, and
WHEREAS, the Texas Municipal League (TML), of which the City of Fort Worth is a
member, has adopted its 2007 TML Legislative Program through an extensive process that began
with member cities representatives and league officials submitting items for the TML legislative
program, included extensive review by TML legislative policy committees comprised of elected
and appointed city officials from throughout the state and concluded with the adoption of 2007
Legislative Program by the membership at the 2006 annual conference and by the board of
director at the December 2006 TML board meeting; and
WHEREAS, the guiding principles of the TML 2007 Legislative Program are: (1) to
vigorously oppose any legislation that would erode the authority of Texas cities to govern their
own local affairs, (2) to uphold the tenet that cities represent the level of government closest to
the people and thus are in best position to make decisions that affect residents of a city and (3) to
oppose any state mandates on Texas cities that do not provide for a commensurate level of
compensation, and
WHEREAS, the TML 2007 Legislative Program is supported by the City of Fort Worth's
two representatives to the TML board, Council Member Jungus Jordan and Assistant City
Manager Dale Fisseler; and
WHEREAS, after careful review, it is determined that, as outlined in the attached
document, the TML 2007 Legislative Program compliments and expands on the City of Fort
Worth 2007 Legislative Program, and
Resolution No 3457-02 2007
WHEREAS, it is in the City of Fort Worth's best interest to support and promote the TML
2007 Legislative Program, as outlined in the attached document, through the City of Fort Worth's
legislative relations activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS. that the City of Fort Worth adopts the 2007 TML Legislative Program
as outlined in the attached document and incorporates it in its entirety into the 2007 City of Fort
Worth Legislative Program, and
BE IT FURTHER RESOVLED that the City of Fort Worth staff is directed to support and
promote the 2007 TML Legislative Program, as outlined in the attached document, during the
course of the 80th session of the Tezas Legislature.
Attachment
Adopted this 20th day of February, 2007
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r` Marty Hendrix; City Secretary
APPROVED
CITY COUI~CI~
FEB 2 0 2007
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The TML Legislative Program for 2007
Introduction
City officials across the state are well aware of the fact that many significant decisions
affecting Texas cities are made by the Texas Legislature, not by municipal officials.
Newly elected mayors and councilmembers quickly realize that cities are indeed
creatures of the state This subservient position of cities m the state s
intergovernmental system means that the legislature can address virtually any aspect of
city government.
During the 20051egislative session, more than 5,300 bills or significant resolutions were
introduced, at least 1,200 of them would have affected Texas cities in some substantial
way In the end, more than 1 400 bills or resolutions passed and were signed into law•
approximately 105 of them impacted cities in some way
There is no reason to believe that the workload of the 2007 session will be any lighter rt
may be greater And for better or worse, city officials will have to live with all the laws
that may be approved by the legislature. Thus, the League must make every effort to
ensure that detrimental bills are defeated and beneficial bills are passed.
The TML approach to the 2007 session will be guided by principles that spring from a
deeply rooted TML legislative philosophy
The League will vigorously oppose any legislation that would erode the authority
of Texas cities to govern their own local affairs.
Cities represent the level of government closest to the people. They bear primary
responsibility for provision of capital infrastructure and for ensuring our citizens
health and safety Thus, cities must be assured of a predictable and sufficient level
of revenue and must resist efforts to diminish their revenue
The League will oppose the imposition of any state mandates that do not provide
for a commensurate level of compensation.
In setting the TML program for 2007 the Board recognized that there is a practical hmrt
to what the League can accomplish during the legislative session. Because the League
(like all associations) has finite resources and because vast amounts of those resources
are necessarily expended m defeating bad legislation, the Board recognized that the
League must very carefully select the bills for which rt will attempt to find sponsors and
seek passage.
The Board considered nearly 130 inihahves that had been recommended by TML policy
committees or by the membership-at large. Each initiative was subjected to several tests
Does the initiative have wide apphcabilrty to a broad range of cities of various
sizes (both large and small) and in various parts of the state?
Does the initiative address a central municipal value, or is rt only indirectly
related to municipal government?
Is this initiative, when compared to others, important enough to be part of TML s
list of pnorrties?
Will the mrtiative be vigorously opposed by strong interest groups and, if so, will
member cities commit to contributing the time and effort necessary to overcome
that opposition?
Is this initiative one that city officials, more than any other group should and do
care about?
The Board placed each legislative issue into one of five categories of effort. Those five
categories are
Seek Introduction and Passage -the League will attempt to find a sponsor will
provide testimony and will otherwise actively pursue passage. Bills m this
category are known as `TML bills.
Support -the League v~nll actively attempt to obtain passage of the inrtiahve if rt
is introduced by some other entity The League will provide and/or arrange for
testimony
Endorse -the League will make its support known but will not actively pursue
passage.
Oppose -the League will actively and vigorously attempt to defeat the initiative
because it is detrimental to member cities.
No Position -the League will take no action.
Our Highest Priority• Oppose Bad Bills
The Board determined that TML s highest priority goal for 2007 will be the defeat of
legislation deemed detrimental to cities. As a practical matter adoption of this position
means that the beneficial bills will be sacrificed, as necessary in order to kill detrimental
bills.
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TML Priority Package
The Board determined that the TML Priority Package will include the following items m
priority order
Defeat any legislation that would erode municipal authority m any way or that
would otherwise be detrimental to cities, especially legislation that would.
a. enact a mandated reduction in the appraisal growth cap established m
current law
b impose a revenue cap of any type.
create an unfunded mandate
d. require cities to act as collection agents for state revenue.
erode municipal authority over rights-of way or erode municipal
authority to collect compensation for the use of rights-of way
f. limit or prohibit the authority of city officials to use municipal funds to
communicate with legislators.
g. limit or prohibit the authority of the Texas Municipal League to use
any revenue, however derived, to communicate v~nth legislators.
h. erode the authority of cities to condemn property for a public purpose.
i. restrict cities ability to adopt or amend zoning regulations.
establish a standard or process for determining economic loss and
related compensation resulting from a regulatory action.
k. erode the provisions of Senate Bi115 (Seventy Ninth Legislature,
Second Called Session) which relates to cable competition.
2 Passage of any legislation that would (in rank order)
a. make fourteen changes to Chapter 176 of the Local Government Code,
which relates to conflicts disclosure
b address the failure of utility companies to relocate their facilities m a
timely manner as required by current law
c cap, if not eliminate, state imposed surcharges and related fees which are
currently added to local traffic fines.
d. clanfy that only value lost to the senior/disabled tax freeze should be
excluded from effective property tax rate calculations.
e. exempt governmental mosquito control applicators from the full cost
recovery requirements of the Texas Health and Safety Code.
f. repeal the restriction against breed-specific regulations contained m
Section 822 047(2) of the Texas Health and Safety Code.
g. remove the four year sunset for future street maintenance sales tax
elections.
Support
The Board voted to support legislation that would.
1 remedy any negative result stemming from the resolution of attorney general
opinion request RQ-442 by clarifying that tax increment financing of
infrastructure is legal m the absence of bonded indebtedness.
2. require the General Land Office (GLO) to do the following: (a) inform any
affected city of the GLO s intent to purchase or develop land within the city or its
ETJ (b) seek permission from affected cities for any proposed project to develop
land owned by the GLO and (c) adhere to the affected cities development
regulations when developing land owned by the GLO
3 exempt from the two-percent cap on local sales tax any local sales tax committed
to transportation projects.
4 require the State of Texas to fund the unfunded mandate imposed by H.B 1549
(78~^ Regular Session), which requires the use of voting devices that allow for
unassisted voting by the disabled ninon-federal elections.
5 provide that the voting equipment requirement imposed by H.B 1549 (78cn
Regular Session) is permissive for local governments (other than counties) with a
total population of 25 000 or less if an alternative voting procedure is established
for disabled voters. (This alternative voting procedure should be established v~nth
the input of advocacy groups representing disabled persons.)
6 allow counties, when leasing voting equipment/devices to other local
governmental entities, to charge up to a maximum of ten percent of the purchase
price of voting equipment/devices that are leased for the election. (This
recommendation removes the ten percent per day charge allowance )
7 provide that all elections to be conducted in the State of Texas should be ordered
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no later than 70 days prior to the election day with a candidate filing deadline of
70 days prior to the election day (For entities that require special elections to fill
vacancies that occur on a governmental body on the 72na through 70th day before
the election day the special election should be ordered no later than 65 days prior
to the election, with a candidate filing deadline of 62 days prior to the election
day
require that, as part of the secretary of state s certification and recertification
processes for voting systems, a performance bond or some other type of
accountability mechanism from the vendors be filed with the secretary of state.
(The secretary of state should establish procedures by which political
subdivisions, through the secretary of state s office, can recover damages from
vendors who fail to honor their contracts to provide equipment and/or services
relative to unassisted voting by the disabled.)
9 provide that, as a part of the secretary of state s certification and recertification
processes for voting systems, the secretary of state should consider a vendor's
past performance evaluations and the ability to meet contractual obligations.
10 provide that vendors with certified voting systems should work directly with the
entity contracted with for services, and that, m the case of~omt elections, those
participating entities should designate a single point of contact to work directly
with the vendor
11 require a gas utility to reimburse a city's costs m a complaint proceeding against
the utility if the city is wholly or partially successful in prosecuting the complaint
before a regulatory authority or a court.
12 repeal the Gas Reliability Infrastructure Program or in the alternative, enact
beneficial amendments to Section 104.301 of the Texas Utilities Code
13 affirm that the Texas Railroad Commission has ~unsdiction to review gas supply
purchase contracts, including the allocation of the costs of gas supply contracts to
customer classes.
14 prohibit discrimination by regulated utilities among customers when allocating
the cost of gas.
15 require prior notice and disclosure of gas supply procurement specifications.
16 mandate city input into gas supply procurement practices.
17 penalize gas utilities for self-dealing and imprudent procurement practices.
18 require that a gas utility's gas supply contracts be provided to cities or made
available for their inspection.
19 protect against the development of market power within functional markets in the
ERCOT service area by for example, amending the Texas Utilities Code to
prohibit the ownership by any power generation company of more than twenty
percent of the installed generation capacity within any ERCOT zonal boundaries
as created by ERCOT during its annual commercially significant constraints
determination process.
20 require electric generators affiliated with former investor-owned monopolies to
offer some part of their output from non-gas-fired plants so that rates would more
accurately reflect plants fired by other means, such as coal and nuclear power
21 require minimum standards for fire protection for a new or amended certificate of
convenience and necessity application for an area that is wholly or partially within
a city's extraterritorial ~unsdiction.
22. increase the electric franchise fees paid to cities.
23 establish a statewide disaster mutual. aid system that would supplement existing
mutual aid agreements.
24 provide full dollar funding for the Texas Commission on Law Enforcement
Officer Standards and Education to enable the Commission to fully carry out its
responsibility to help ensure citizens and visitors that Texas has the best-trained
and most professional law enforcement personnel in the United States.
25 enable the use of competitive sealed proposals for the procurement of all goods
and services.
26 enable the use of electronic notice of bid/proposal nonce to the public of
bid/proposal opportunities.
27 provide flexibility m hiring entry level firefighters and police officers m civil
service cities.
28 provide for the right of a municipality to defend against eminent domain takings
of land within municipal corporate boundaries by quasi-governmental agencies
or bodies.
29 corm the power of a municipality to protect its constituents from the abuse of
eminent domain authority by unelected political subdivisions and taxing
authorities, without first obtaining municipal consent for areas within its corporate
boundaries, and clearly reflect and confirm such power in all legislation allowing
the use of eminent domain by such entities.
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30 authorize the Texas Department of Housing and Community Affairs to modify the
Housing Tax Credit Program Qualified Allocation Plan and Rules with
amendments to authorize preferences m scoring for mixed income properties and
to authorize additional scoring for properties with proof of local jurisdictional
approval.
31 provide greater municipal authority over the creation of specific infrastructure
districts within extra-territorial ~urisdichons.
Endorse
The Board voted to endorse legislation that would.
1 apply hotel occupancy taxes to RV parks, except for stays of longer than 30 days.
2. permit some portion of hotel occupancy tax revenues to be used for activities
intended to generate direct benefit to the hotel industry
permit pooled collateral for public deposits, provided the legislation contains the
follov~nng features (1) a requirement that banks provide 102 percent
collateralization, (2) accurate reporting and tracking of collateral amounts, and (3)
a requirement that pledged securities be held by the comptroller or other third
party designated by the comptroller
4 require mandatory disclosure of real estate sales prices.
5 provide that hotel taxes are due on the final cost of the hotel room to the guest for
Internet purchases.
6 streamline adjustments of municipal boundaries and/or ETJs between cities with
the consent of affected properly owners.
7 convert the telecommunications compensation methodology from one based on
access lines to one based on a percentage of gross receipts only if• (a) the bill will
preserve or increase the levels of reasonable compensation that all crhes receive,
(b) the percentage of gross receipts methodology is simpler to implement and use
than the access line methodology (c) the state will not have any authority to
convert any portion of the compensation to its own use; (d) the state comptroller
will act as an aid, rather than a regulator in the collection and distribution of the
compensation, (e) the bill is supported by or at least not opposed by SBC/AT&T
Verizon, Sprint, and MCI, and (f) the bill would not result in the imposition of a
federal law that negates the effect of any of items (a)-(d), above.
8 require electronic reporting of pawn shop data to local law enforcement agencies.
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9 in the case of an arrest warrant related to suspected child abuse, protect the
confidentiality of~uvenile information and the identity of a person who reports
alleged child abuse.
10 reduce appeals to third-party hearing examiners of suspensions of less than three
days by firefighters or police officers m civil service cities.
11 increase local parks funding to $25 million or more, as appropriate
12. enact the recommendations of the State Park Advisory Committee as published on
August 24 2006
13 amend Section 321.3022 of the Texas Tax Code to allow all municipalities to
obtain sales tax information from the comptroller of public accounts regarding
businesses that remit more than $25 000 in local sales tax.
14 amend the Code of Criminal procedure to authorize sobriety checkpoints.
15 increase the punishment for burglary of a vehicle and unauthorized use of a
vehicle to a third degree felony punishable by imprisonment between two and ten
years with the option to assess a fine not to exceed $10 000
16 amend the Alcoholic Beverage Code or the administrative regulations of the
Texas Alcoholic Beverage Commission to require the placing of identifying
markings on beer barrels, half barrels, and kegs so that they can be traced to the
retailer and subsequently to the person who made the alcohol available to the
minors.
17 amend the Local Government Code to provide for the ability to record orders to
repair remove, or demolish substandard properties in the official deed records of
the county in which the property is located.
18 establish municipal authority for enactment of minimum residency restrictions for
sex offenders and/or establish minimum residency restrictions for sex offenders
through state law from such locations where children commonly gather such as
playgrounds, public swimming pools, private or public elementary or secondary
schools, or day-care centers.
19 require all sex offenders who are required to register to pay an annual
administrative fee to fund administering the sex offender registration process.
20 amend the Texas Public Information Act to allow a criminal justice agency that is
investigating a criminal matter which occurred on the campus of a school district
free access to student records and material evidence after certifying in writing that
the student's information will not be disclosed to any other party
21 amend the Texas Property Code to allow eminent domain cases to be filed in
either county court or district court.
22. amend the Transportation Code to remove the requirement of a signature on
electronically issued crtahons
23 authorize municipalities to enact adequate public facilities ordinances.
24 provide municipalities with land use authority within extra-terrrtonal
jurisdictions.
Oppose
The Board voted to oppose legislation that would.
1 create new obligations on the part of Texas cities without the necessary funding to
carry out the obligations.
2. limit or remove the rights of Texas cities to control land uses, businesses,
development, or environmental impacts that affect their lands or citizens.
create exemptions for other governmental agencies, special districts, or other
political subdivisions that would allow the imposition of projects, programs, or
developments without first obtaining permission of the local city m which such
actions are proposed.
4 grant exemptions, licenses, or powers that would in any way overrule, set aside,
or provide any exemptions to local land use powers or provisions of the city
charters of Texas cities.
5 require cities to act as collection agents for state revenue.
6 erode municipal authority over the right=of way or erode municipal authority to
collect reasonable compensation for the use of rights-of way
7 limit or prohibit the authority of city officials to use municipal funds to
communicate with legislators.
8 limit or prohibit the authority of the Texas Municipal League to use any revenue,
however derived, to communicate with legislators.
9 allow other local governments or districts not under the control of the city to
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reduce existing city sales taxes through the enactment of new sales taxes.
10 enact a property tax exemption that substantially erodes the tax base
11 mandate a reduction in the current appraisal growth cap.
12. impose revenue caps of any type, including a lowered rollback rate, mandatory
tax rate ratification elections, or lowered rollback petitions requirements.
13 impose a property tax freeze that can be implemented by any mechanism other
than council action.
14 change the composition of any appraisal district board, including legislation
requiring the popular election of appraisal district. boards of directors.
15 remove the authority of a city to collect its own property taxes.
16 automatically defer taxes for seniors or for others, or alter interest accrual during
deferrals.
17 allow for a religious property tax exemption without an application for the
exemption.
18 prohibit the collection of back property taxes that were unpaid because of any
error by the city
19 mandate the split payment of property taxes.
20 permit another entity to repeal the property tax exemption for city-owned
property
21 enact sales tax exemptions that substantially erode the sales tax base
22 lengthen or broaden the scope of the current sales tax holiday
23 sweep into state coffers the cities share of taxes generated by an expanded
sales tax base.
24 change current law regarding the sales tax sourcing of goods.
25 curtail economic development authority generally
26 limit the application of tax abatements to certain~ob creation scenarios
27 expand election requirements for issuance of city debt.
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28 expand the limitations of current law on projects funded by bonds.
29 further erode the ability of cities to condemn property for a public purpose,
specifically legislation that would. (a) enact a constitutional amendment r
restnctmg the use of eminent domain, (b) place eminent domain restrictions on
cities that are more burdensome than those placed on the state, and/or (c) provide
for retroactive application of any eminent domain provisions.
30 erode municipal annexation authority
31 allow voters in the ETJ to vote on whether any proposed ordinance or ordinance
amendment shall apply in the ETJ
32 erode municipal authority to regulate or abate a nuisance in the ETJ
33 restrict cities ability to adopt or amend zoning regulations, or vest or otherwise
create a property nght m a zoning classification.
34 establish a standard or process for determining economic loss and related
compensation resulting from a regulatory action.
35 further erode cities ability to regulate religious or charitable organizations.
36 characterize zoning as anything other than a legislative action or in any way
reduce municipal legrslatrve authority to change a property classification.
37 reduce municipal authority and discretion to approve the creation of a special
distract within a city's incorporated area or ETJ including the expansion of a
district's boundaries or powers.
3 8 reduce municipal authority to require exactions related to and required by new
development.
39 erode municipal authority to make amendments to model building codes.
40 reduce the time available to a city to review and act upon a permit application or
require a city to provide a detailed and complete list of all errors, omissions, or
other factors related to the denial of a permit.
41 restrict cities ability to impose building fees beyond current law
42. harmfully modify the provisions that govern city compensation for the relocation,
reconstruction, or removal of signs.
43 erode municipal authority to regulate political signs within city rights-of way or
on municipally-owned property
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44 restrict the authority of cities to require the creation of property owner
associations having mandatory membership where the association is required to
maintain property facilities, and amenities owned m common by members of the
association.
45 erode municipal authority to regulate the construction, location, placement, size,
height, aesthetics, and landscaping of all residential structures, including
regulations pertaining to the creation and modification of sites and lots intended
for residential use and related public improvements.
46 further restrict city authority over political signs beyond current law
47 impose state `tap fees" or any other type of state charge on municipal water
systems.
48 impose mandatory water conservation measures on cities.
49 enact any detrimental amendments to the provisions of Senate Bill 5 (Seventy
Ninth Legislature, Second Called Session)
50 erode the provisions of Senate Bill 5 (Seventy Ninth Legislature, Second Called
Session)
51 exempt any entity from paying municipal drainage fees.
52. erode the authority of a city to impose a civil penalty on the owner of a vehicle if
the vehicle s license plate is photographed while the vehicle is running a red light.
53 change or delete any of the current uniform election dates.
54 impose additional state costs or fees m municipal court.
55 negatively affect the ability of cities to investigate pawn shops and stolen
property such as legislation that would require mandatory holds.
56 expand the municipal court collection assistance program to either (1) include
more than the 24 cities that are currently affected, or (2) require more of the cities
currently affected.
57 permit waiver of appearance at a municipal court trial.
58 seek to limit management rights as they relate to personnel management.
59 limit cities ability to appeal the decisions of third-party hearing examiners m civil
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service cities.
60 mandate new or enhanced health care benefits or prescription drug coverage
61 mandate enhanced employment benefits.
62 make detrimental changes to workers compensation law
63 further erode municipal sovereign immunity
64 subs ect cities to statutes of hmrtation.
65 restrict contingent fee contracts between cities and lawyers.
66 prohibit indemnification clauses in construction contracts.
67 cut state funding of local parks grants.
68 limit or prohibit a city's ability to make and sell compost/mulch products, inside
and outside of the city limits.
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