HomeMy WebLinkAboutResolution 3961-01-2011A Resolution
NO. 3961 -01 -2011
ADOPTING APPLICABLE SECTIONS OF THE TEXAS MUNICIPAL LEAGUE'S 2011
LEGISLATIVE PROGRAM
WHEREAS, the 82nd session of the Texas Legislature is expected to consider more than 8,000
proposed bills of which an estimated 1,300 bills world affect Texas cities in varying degrees, if enacted;
and
WHEREAS, the Texas Municipal League (TML), of which the City of Fort Worth is a member,
has adopted its 2011 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 2011 Legislative Program by the
membership at the 2010 annual conference and by the board of directors at the October 27, 2010, TML
board meeting; and
WHEREAS, the guiding principles of the TML 2011 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 2011 Legislative Program is supported by the City of Fort Worth's
representative to the TML board, Council Member Jungus Jordan; and
WHEREAS, after careful review, it is determined that, as outlined in the attached document, the
TML 2011 Legislative .Program complements and expands on the City of Fort Worth 2011 Legislative
Program; and
WHEREAS, it is in the City of Fort Worth's best interest to support and promote the TML 2011
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,
ORT U
T
Resolution No. 3961 -01 -2011
1.
That the City Council hereby adopts the 2011 TML Legislative Program as outlined in the attached
document and incorporates the attachment into the 2011 City of Fort Worth Legislative Program.
2.
That the City Council hereby directs the City Manager to support and promote the 2011 TML
Legislative Program, as outlined in the attached document, during the course of the 82nd session of the
Texas Legislature.
Adopted this 25th day of January 2011.
ATTEST:
By •
Marty Hendrix, City Secretary
APPROVED
CITY COUNCIL
JAN 2 5 2011
City Secretary of the
City of Fort Worth, Texas
ORTWOUH
T
Resolution No. 3961 -01 -2011
CITY OF FORT WORTH EXCEPTIONS
TO THE TML 2011 LEGISLATIVE AGENDA
Staff recommends approval and incorporation of the TML legislative agenda into
the City of Fort Worth's agenda with the exception of the following items:
The TML Board voted to oppose the following in their legislative agenda:
• prohibit a city from following its own policies related to immigration
Staff's position is that any federal legislation would preempt a city's policy on this
issue.
The TML Board voted to take no position on legislation that would:
• require a city to grant leave from work for municipal employees that meets
the following criteria: (1) the leave is unpaid; (2) the leave must be used to
address serious family or health issues; and (3) the leave is of a reasonably
short duration.
• authorize a council - option reduction in the current ten - percent (10 %) cap on
annual appraisal growth.
• impose small property tax exemptions that serve some social good.
allow acouncil- option city homestead exemption of up to thirty percent
(30 %).
Staffs position is that the City of Fort Worth would need to take its own position on
any legislation that addressed the issues above.
Resolution No. 3961 -01 -2011
The TML Legislative Program for 2011
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.
During the 2009 legislative session, more than 7,600 bills or significant resolutions were
introduced; at least 1,500 of them would have affected Texas cities in some substantial way.
In the end, nearly 1,500 bills or resolutions passed and were signed into law; approximately
120 of them impacted cities in a direct or indirect way.
There is no reason to believe that the workload of the 2011 session will be any lighter; it 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 assure that
detrimental bills are defeated and beneficial bills are passed.
The TML approach to the 2011 session is 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 2011, the Board recognized that there is a practical limit 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 in defeating bad legislation, the Board recognized that the League must very
carefully select the bills for which it will attempt to find sponsors and seek passage.
The Board considered nearly 200 initiatives 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 applicability 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 it only indirectly
related to municipal government?
Resolution No. 3961 -01 -2011
• Is this initiative, when compared to others, important enough to be part of
TML's list of priorities?
• Will the initiative 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 in
this category are known as "TML bills."
• Support — the League will actively attempt to obtain passage of the initiative
if it 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 2011 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.
TML Priority Package
The Board determined that the TML Priority Package will include the following items in
priority order:
1. Defeat any legislation that would erode municipal authority in any way or that would
otherwise be detrimental to cities, especially legislation that would:
Resolution No. 3961 -01 -2011
a. erode municipal authority in any way, impose an unfunded mandate, or otherwise
be detrimental to cities.
b. impose a revenue cap of any type, including a reduced rollback rate, mandatory
tax rate ratification elections, lowered rollback petition requirements, limitations
on overall city expenditures, or exclusion of the new property adjustment in
effective rate and rollback rate calculations.
c. mandate a reduction in the current ten - percent cap on annual appraisal growth.
d. erode the concept that appraisals must reflect the true market value of property.
e. require cities to act as collection agents for the state or a subdivision of the state,
or that would allow the state or a subdivision of the state to usurp municipal
revenue.
f. decrease the authority of a city to be adequately compensated for the use of its
rights -of -way.
g. erode municipal authority over the management and control of rights -of -way.
h. erode city sovereign immunity.
i. expand the current meet - and - confer law.
j. establish a standard or process for determining economic loss and related
compensation resulting from a regulatory action.
k. limit or prohibit the authority of city officials to use municipal funds to
communicate with legislators.
1. limit or prohibit the authority of the Texas Municipal League to use any revenue,
however derived, to communicate with legislators.
m. further erode a city's ability to condemn property for a public purpose,
specifically legislation that would: (a) place eminent domain restrictions on cities
that are more burdensome than those placed on the state; (b) provide for
retroactive application of any eminent domain provisions; (c) erode municipal
authority to engage in urban renewal efforts; (d) provide an excessive amount of
damages to a property owner whose property is acquired through eminent
domain; (e) enact adverse amendments to current law relating to subsequent
repurchase of land acquired through eminent domain; or (f) amend the definition
of "public use" to include any restriction on traditional public projects.
2. Passage of any legislation that would:
Resolution No. 3961 -01 -2011
a. exempt as many cities as possible from any federal collective bargaining
legislation that may become law in the future.
b. repeal the requirement in current law that a city must first offer to remove graffiti
free of charge prior to requiring the property owner to remove it.
c. create additional, flexible cost -of- living adjustment (COLA) options under the
Texas Municipal Retirement System that are not retroactive to a retiree's date of
retirement, such options to possibly include one -time increases tied to increases in
the consumer price index or flat percentage increases.
d. enable the use of electronic notice to the public of bid or proposal opportunities.
e. authorize citiesin relation to annexation, planned annexation, voluntary
annexation, or negotiated annexation—to replace some or all emergency services
district (ESD) sales taxes in an area with city sales taxes, provided an ESD's
existing sales tax debt is proportionately and reasonably provided for in some
manner.
f. convert the sales tax reallocation process from a ministerial process into a more
formalized administrative process that would, at a minimum, require prior notice
to all affected parties and impose a time limit of three years on the right of a
claimant to request a refund.
g. require accurate fiscal notes on rules proposed by state agencies.
h. require the two state agencies that regulate street lighting in state highway rights -
of -way (the Texas Department of Transportation and the Public Utility
Commission) to adopt a uniform electrical code for street lighting in those rights -
of -way.
i. allow a city to collect thoroughfare impact fees in the extraterritorial jurisdiction.
SUPPORT
The Board voted to support legislation that would:
amend Chapter 327 of the Texas Tax Code to authorize the collection of municipal
sales and use taxes for street maintenance for a longer or indefinite term instead of the
four years provided by current law.
2. require an investor -owned utility to refer to right -of -way rental (i.e., franchise) fees as
a "fee" rather than a "tax."
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3. clarify that cities have authority to enforce building codes in the extraterritorial
jurisdiction.
4. grant immunity from liability for certified municipal building inspectors for damages
arising from services provided during an emergency.
5. clarify the authority of cities to use handheld radar /laser speed enforcement
technology.
6. make beneficial amendments to the "Scofflaw Program" (Chapter 702, Texas
Transportation Code), including removing the fine cap in current law; expanding the
law to allow general law cities to participate; and requiring a county tax assessor -
collector to refuse to register a motor vehicle if the assessor - collector or the
Department of Motor Vehicles receives appropriate information from the city.
7. authorize sobriety checkpoints.
8. combine the Texas Municipal Retirement System's Municipal Accumulation Fund
(MAF), the Current Service Annuity Reserve Fund (CSARF), and the Employee
Savings Fund (ESF).
9. allow a city (for purposes of the Texas Municipal Retirement System (TMRS) return-
to -work provision) to define "full time" as 1,000; 1,250; or 1,500 hours annually, so
long as such a change would not endanger the federal tax status of TMRS.
10. amend the Texas Public Information Act to except from disclosure an employee's or
official's emergency contact information and any reference to the employee's or
official's household.
11. amend the Texas Public Information Act to except from disclosure a copy of an
employee's identification badge.
12. amend the Texas Public Information Act to except from disclosure out -of -state
driver's license numbers.
13. clarify that peddlers who sell burglar alarm services are not exempt from municipal
regulations governing that activity.
14. simplify the effective tax rate calculation for notice purposes only, provided the
legislation would have no effect on the underlying effective tax rate and rollback tax
rate calculations themselves, nor upon the hold harmless exemptions to those rates.
15. clarify that the "Prop 2" pollution control property tax exemption isn't meant to apply
to the environmental characteristics of end products.
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16. amend Section 11.1825 of the Tax Code by adding a requirement that community
housing development organizations must receive an exemption from taxation from
any affected municipality prior to receiving a tax exempt status from the local
property tax appraisal district.
17. create a new council- option city sales tax for property tax relief that may exceed the
two - percent local cap.
18. automatically convert existing sales taxes for property tax relief to any newly- created
sales tax for property tax relief that would not count against the two- percent local cap.
19. expand the sales tax base, but only if the city tax base fully benefits from the
expansion.
20. permit cities to share tax proceeds with other cities as part of a voluntary Chapter 380
economic development agreement.
21. permit a city, by vote of the citizens, to withdraw from an emergency services district,
provided the city will provide fire service inside the city's limits.
22. permit a municipal development district's sales tax, notwithstanding a competing
emergency services district (ESD) sales tax, to apply in the extraterritorial
jurisdiction, as current law allows, provided an ESD's existing sales tax debt is
proportionately and reasonably provided for in some manner.
23. provide for the popular election of emergency services district boards of directors.
24. authorize the expenditure of hotel occupancy taxes on the costs of conducting audits
of potentially delinquent taxpayers.
25. allow for greater flexibility by cities to fund local transportation projects; amend or
otherwise modify state law to help cities fund transportation projects; or provide
municipalities with additional funding options and resources to address transportation
needs that the state and federal governments are unable or unwilling to address.
26. discontinue the diversion of transportation revenues to non - transportation purposes
and appropriate all revenues from highway user fees and taxes to fund transportation.
27. provide additional funding to the Texas Department of Transportation for
transportation projects that would benefit cities, so long as existing funding formulas
are followed.
28. increase state authority over air emissions or water quality as those items relate to gas
development, so long as municipal authority in those areas is not eroded.
Resolution No. 3961 -01 -2011
29. grant cities or counties additional authority to regulate gas wells in a city's
extraterritorial jurisdiction (ETJ), so long as municipal authority in the ETJ remains
superior to that of the county.
30. require the Texas Commission on Environmental Quality to consider minimum
standards for fire protection for new or amended certificate of convenience and
necessity applications for water providers in a city's extraterritorial jurisdiction.
31. allow landowners to opt out of a federally - indebted rural water supply corporation's
certificate of convenience and necessity when the corporation cannot provide
adequate fire flow of at least 1,000 gallons per minute for single family residential
developments with at least 50 lots and 2,500 gallons per minute for multifamily and
commercial property.
32. amend the Public Information Act to allow governmental bodies to recoup costs of
responding to "inspection- only" requests for e -mails that require a significant amount
of public employee time and resources and that would allow for tolling of the 10 -day
period to seek an attorney general request for ruling while the requestor responds to
cost estimate.
33. allow municipalities the option of selecting either an official newspaper or an official
Web site for the municipality's publication of official notices required by law.
34. repeal or provide beneficial amendments to Section 1301.551(e) of the Texas
Occupations Code, relating to local control of residential fire sprinklers.
35. make beneficial amendments to Section 214.197 of the Texas Local Government
Code, relating to false burglar alarm penalties.
36. amend the Open Meetings Act by replacing the criminal enforcement provisions with
less restrictive penalties that balance the First Amendment right of government
officials.
37. exempt municipalities from state motor fuel taxes.
38. exempt municipal officers and employees who are traveling on official business from
state hotel taxes.
39. allow Texas cities with tax increment financing reinvestment zones to extend the lives
of their zones.
ENDORSE
The Board voted to endorse legislation that would:
Resolution No. 3961 -01 -2011
1. increase from $25,000 to $50,000 the dollar amount at which a city council may
delegate contract change order approval to an administrative official.
2. allow a city to mandate that pharmacies located within the city participate in a
pseudoephedrine reporting program.
3. permit local regulations to prohibit the ownership, possession, harboring,
maintenance, transportation, or sales of specific breeds of dogs within a local
municipality and /or support the repeal of state law that prohibits breed - specific
regulations by home rule municipalities and local municipalities.
4. make the burglary of a motor vehicle a state jail felony with mandatory deferred
sentencing for first time juvenile offenders and mandatory jail time for any offender
with multiple offenses.
5. exempt a second -in- command police officer who attends any two -year block in the
training program at the Bill Blackwood Law Enforcement Institute of Texas (LEMIT)
from any line -level training required by the Texas Occupations Code in the same
training block.
6. provide that the interest rate on public improvement district bonds is not limited by
Section 373.023 of the Texas Local Government Code.
7. authorize the state fire marshal to investigate all line -of -duty firefighter deaths,
including those involving training incidents, fire -based emergency medical service,
on -duty motor vehicle collisions, and hazardous materials incidents.
8. return appraisals of oil and gas properties to the pre -H.B. 2982 (2007) methodology.
9. apply hotel occupancy taxes to recreational vehicle parks, except for stays of longer
than 30 days.
10. increase future local parks funding.
11. change the eight - percent statutory interest rate on property tax refunds under Tax
Code Section 42.43 to the rate of the 3 -month treasury bill, as referenced in other
portions of that section, as of the date of settlement.
12. change the Public Utility Commission's rate setting formulas and policies related to
municipal street lights to allow a city, under certain circumstances, to discontinue
service to a street light.
13. grant counties additional land use authority, so long as municipal authority in the
extraterritorial jurisdiction remains superior to that of the county.
14. clarify the authority of general law cities to enact sex offender residency restrictions.
Resolution No. 3961 -01 -2011
15. make the sale of Salvia divinorum or K2 a state criminal offense.
16. prospectively expand municipal authority relating to interlocal cooperation
agreements, so long as such legislation is optional and would not otherwise be
detrimental to cities.
17. provide for a statewide, state - funded, electronic pseudoephedrine database program,
so long as cities are not required to participate in the program.
18. require mandatory disclosure of real estate sales prices.
19. modify the Super Freeport property tax exemption statute to match the related
constitutional amendment.
20. allow municipal wastewater under a "no discharge" permit to be used for irrigation on
land that is owned, leased, or otherwise controlled by the wastewater permittee, or
upon land belonging to another person who has agreed to accept and utilize the
wastewater in a manner allowed by Texas Commission on Environmental Quality
regulations.
21. provide that all electric generators, regardless of size, should be explicitly barred from
the unlawful exercise of market power.
22. provide that entities such as cities harmed by wholesale market abuse should be given
explicit standing to participate in market power abuse enforcement actions brought by
the Public Utility Commission.
23. increase fines for market abuses in such a way that the Public Utility Commission can
order full restitution to the market, market participants, or parties injured by the
violation.
24. prohibit activities defined as market abuse by the Federal Energy Regulatory
Commission.
25. modify the statutory purpose of the Public Utility Commission to require it to
harmonize its pursuit of competition with the protection of consumers of electricity.
26. as a condition of conducting business within Texas, require competitive retail electric
providers to include among their offers one standard electricity package that has
Public Utility Commission - approved terms and conditions.
27. increase the number of consumer representatives on the Energy Reliability Council of
Texas board from three members to six members.
Resolution No. 3961 -01 -2011
28. assign a seat on the Energy Reliability Council of Texas board (and on appropriate
budget oversight panels within the Energy Reliability Council of Texas) to the state
comptroller's office.
29. require the Public Utility Commission to pre- approve all debt financing by the Energy
Reliability Council of Texas.
OPPOSE
The Board voted to oppose legislation that would:
1. erode current municipal authority to regulate manufactured or industrialized housing.
2. erode municipal annexation authority.
3. erode municipal zoning authority.
4. restrict a city's ability to adopt or amend zoning regulations, or vest or otherwise
create a property right in a zoning classification.
5. further erode a city's ability to regulate religious or charitable organizations.
6. enact adverse amendments to the permit vesting statute (Chapter 245 of the Local
Government Code).
7. allow special districts to form in the extraterritorial jurisdiction without a city's
permission, or that would impose additional requirements on cities relating to special
districts.
8. reduce municipal authority to require exactions related to and required by new
development, or that would erode the authority of cities to adopt and enforce
minimum development standards.
9. erode a city's ability to make amendments to model building codes.
10. impose additional time restrictions on the issuance of building permits, or that would
erode municipal authority regarding building permits in any way.
11. further restrict a city's ability to impose building fees.
12. erode municipal authority in the extraterritorial jurisdiction.
13. exempt any entity from paying municipal impact fees.
Resolution No. 3961 -01 -2011
14. require a city to place a disclaimer of any type on a geospatial data product used by
the city.
15. erode municipal authority to regulate renewable energy technology and green
building initiatives.
16. repeal or limit red light camera authority generally. (Further, the committee
recommends that TML defer to the Texas Red Light Coalition on more detailed
matters relating to revisions to red light camera policy.)
17. erode municipal authority to regulate or abate a nuisance in the city limits or
extraterritorial jurisdiction.
18. further shift to cities the cost of transporting mental health patients who are under an
emergency detention order.
19. erode existing municipal authority relating to sex offender residency restrictions, or
create a state standard that preempts current or future municipal sex offender
residency restrictions.
20. prohibit peace officers from making arrests for any offense.
21. erode the authority of cities to tow vehicles for no insurance or no driver's license, or
exempt motorists from having to pay any vehicle impoundment fee.
22. mandate jail standards for city jails or mandate any form of certification for city
detention officers.
23. eliminate any of the current uniform election dates.
24. impose additional state fees or costs on municipal court convictions or require
municipal courts to collect fine revenue for the state.
25. permit the waiver of appearance at a municipal court trial.
26. give state fees and costs precedence over city fees and costs in municipal court.
27. substantively change or expand the scope of the current disease presumption law.
28. impose expanded collective bargaining rights.
29. enact detrimental amendments to the civil service law (Chapter 143 of the Texas
Local Government Code).
30. impose healthcare or prescription drug mandates or enhancements.
Resolution No. 3961 -01 -2011
31. mandate employment benefit enhancements.
32. mandate city -paid leave for city employees for specific purposes.
33. specify what and how cities may regulate with regard to cell phones.
34. repeal existing municipal ordinances relating to cell phone bans or create a state
standard that preempts more restrictive current or future municipal cell phone bans.
35. make the sign - posting provisions of H.B. 55 (2009 — relating to prohibiting cell phone
use in a school zone) mandatory for all cities.
36. restrict or limit indemnification clauses in construction contracts.
37. require the reporting of lobbying activities beyond the requirements in current law.
38. impose a statewide smoking ban that would preempt existing or future municipal
smoking bans.
39. ban or limit the ability of cities to engage in proprietary functions.
40. impose unfunded mandates on cities or city officials related to immigration.
41. prohibit a city from following its own policies related to immigration.
42. require mailed notice of tax rates.
43. impose new property tax exemptions that substantially erode the tax base.
44. impose a property tax freeze that can be implemented by any mechanism other than
council action.
45. remove the authority of a city to collect its own property taxes.
46. extend the "Prop 2" pollution control property tax exemption to processes, facilities,
or end products.
47. impose new mandatory homestead exemptions or exemption increases.
48. impose any sales tax exemption that would substantially erode the sales tax base.
49. lengthen or broaden the scope of the current sales tax holiday.
50. impose a requirement that the adoption of a new sales tax for property tax relief shall
result in a lower property tax rollback rate for the adopting city.
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51. expand the sales tax base without fully benefitting the city tax base.
52. impose destination -based sales tax sourcing.
53. expand an emergency services district's sales tax authority within city limits.
54. limit the authority of type A or type B sales tax corporations.
55. expand election requirements for issuance of any city debt or that would impose a
petition/election procedure where none currently exists.
56. prevent a city from applying hotel occupancy taxes on the final cost of the hotel room
to the guest, or prohibit a city from suing any entity necessary to collect such hotel
occupancy taxes.
57. cut state appropriations for future local parks grant funding.
58. divert sporting goods sales taxes away from use for parks.
59. create earmarks of local parks grant funds.
60. impose mandatory water conservation measures on cities.
61. impose on cities any additional mandates relating to irrigation/sprinklers.
62. impose state "tap fees" or any other type of state charge on municipal water systems.
63. expand the requirements of S.B. 361 (Eightieth Legislature), which relates to
emergency water utility generators, to areas outside Harris County.
64. erode municipal original jurisdiction relating to the ratemaking authority of electric
utilities.
65. negatively affect the provisions of Senate Bill 5 (Seventy -Ninth Legislature, Second
Called Session), which relates to cable competition.
66. erode municipal authority to require utility companies to pay the costs of relocating
their facilities in a timely manner as required by current law.
67. limit a city's authority to enter into a solid waste franchise.
68. exempt any entity from paying municipal drainage fees.
69. establish the date of payment of a municipal utility bill as a date other than the actual
date of receipt of payment by the city.
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70. limit current municipal authority relating to the Gas Reliability Infrastructure
Program.
71. amend the Gas Reliability Infrastructure Program to allow the recovery of non - capital
expenses by a gas utility.
72. apply the Prompt Payment Act to utility bills submitted to a city if the proposed
legislation or rules would diminish a city's ability to dispute charges or recover any
excess payments, including interest and the cost of recovery.
73. erode municipal authority over billboards or that would place any unfunded mandate
on cities relating to billboards.
74. enact any provision of the Texas Department of Transportation sunset legislation that
would be harmful to cities.
75. establish model rules relating to municipal regulation of gas wells, gas pipelines, or
other gas - related equipment, unless the legislation or rules apply to only county
regulation in the unincorporated area of the county.
76. weaken the ability of cities to regulate gas wells, gas pipelines, or other gas - related
equipment.
77. with regard to state agency sunset or related legislation, adversely affect the interests
of cities, including but not limited to their ability to intervene on matters before a
state commission or a court of law.
TAKE NO POSITION
The Board voted to take no position on legislation that would:
1. require a city to grant leave from work for municipal employees provided the leave
meets each of the following criteria: (1) it is unpaid; (2) it must be used to address
serious family or health issues; and (3) it is of a reasonably short duration.
2. authorize a council- option reduction in the current ten - percent cap on annual
appraisal growth.
3. impose small property tax exemptions that serve some social good.
4. modify the Super Freeport property tax exemption (other than legislation that would
match the statute to the constitutional amendment).
5. allow a council- option city homestead exemption of up to 30 percent.
Resolution No. 3961 -01 -2011
6. expand or contract eligibility for the community housing development organization
(CHDO) property tax exemption (other than legislation relating to municipal approval
of CHODO exemptions).
7. broaden the authority of 4A or 4B sales tax corporations.
8. align Texas law with the national Streamlined Sales Tax Project (excepting more
specific sales tax - related positions taken elsewhere in this legislative program).
OTHER
The Board voted to endorse the authority and role of homeowners associations, so long as
municipal authority is not eroded, and oppose limitations on the functions that homeowners
associations were created to perform.
The Board voted to recommend that the League support legislation that would assist cities in
providing for a greater quality of life and safe neighborhoods, and that TML oppose
legislation that would unfarily benefit one property owner to the detriment of the citizens at-
large.
The Board voted to recommend that, should legislation be filed that would allow cities to
adopt a two - tiered plan (one for current employees and retirees and one for new hires) under
the Texas Municipal Retirement System, TML staff seek the guidance of the TML Executive
Committee regarding the League's position on such legislation.
The Board voted to recommend that the TML Board and staff carefully monitor any
recommendations that may be generated by any legislative committee's study of the Texas
Open Meetings Act and that the Board establishes legislative positions as appropriate.
The Board voted to recommend that the League support the adoption of the parks study
called for by H.B. 12 (2007), thus binding future legislatures to full local parks funding.
The Board voted to recommend that the League oppose any provision of the Texas
Commission on Environmental Quality sunset legislation that would be harmful to all cities,
but take no position on provisions that would benefit some cities while harming others.