HomeMy WebLinkAboutIR 8663INFORMAL REPORT TO CITY COUNCIL MEMBERS
To the Mayor and Members of the City Council
No. 8663
February 22, 2005
Page 1 of 1
SUBJECT: Adoption of the 2005 Texas Municipal League Agenda
In past years during a Texas Legislative session, the Texas Municipal League (TML) adopts a
Legislative program that outlines positions taken by the League membership on issues that will
likely be considered and debated during the session in the form of proposed legislation. The
City of Fort Worth participates through the League's committee process, at the TML Annual
Conference, and at the Board level (Councilmember Haskin and Dale Fisseler are Board
Members) in developing the TML Legislative Agenda. Included in this Informal Report is a recap
of the 2005 TML Agenda.
As part of the City's Legislative Program, staff usually presents the TML Agenda via M &C and
asks that the Council adopt the TML Agenda as part of the City's Legislative agenda. The
positions taken by the League are usually consistent with the positions taken by the City.
Where there are positions in the TML Agenda that are not consistent with city positions or where
there are issues that require additional discussion, the City staff makes adjustments and deletes
these items from the Agenda. It is City staffs intent to include a M &C on the City Council
agenda on March 1, 2005, to seek the City Council approval of the TML agenda as amended so
that our Governmental Relations staff can lobby in concert with TML on issues of mutual
concern.
The attached information is included for your review prior to the M &C. Should you have
questions or concerns on any particular item, please contact Reid Rector, Aaron Day (817) 392-
7504 or Joe Paniagua (817) 392 -6191.
Charles R. Boswell
City Manager
Attachment
2005 Texas Municipal League (TML) Agenda
ISSUED BY THE CITY MANAGER
FORT WORTH, TEXAS
2005 Texas Municipal League (TML) Agenda
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February 22, 2005
Priority Package
The Board determined that the TML Priority Package would include the following
items:
1. Defeat any legislation that would erode municipal authority in any way or that
would otherwise be detrimental to cities, especially legislation that would:
a. reduce the appraisal growth cap established in current law.
b. impose revenue caps of any type.
c. make any changes to the type or composition of any appraisal district boards.
d. require cities to act as collection agents for state revenue.
e. erode annexation authority.
4,11, f. erode zoning authority.
g. enact an unfunded mandate.
h. expand financial disclosure requirements beyond current law.
L erode municipal authority over the rights -of -way or erode municipal authority to
collect reasonable compensation for the use of rights -of -way.
2. Passage of any legislation that would (in rank order):
a. permit a combined ballot proposition to simultaneously reduce or eliminate one
optional sales tax while raising or enacting another optional sales tax.
b. clarify that the Public Utility Commission's jurisdiction is limited to ratemaking
ordinances and not to police power or zoning ordinances.
c. (a) clarify that, pursuant to a city construction project, all utilities that are
located in the rights -of -way must relocate at their cost when requested,
consistent with historic case law and city franchises; and (b) impose financial
penalties on utilities that fail to relocate in a timely manner.
d. allow reappointment of civil service commissioners.
2005 Texas Municipal League (TMU Agenda
February 22, 2005
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8. convert the telecommunications compensation methodology from one based
on access lines to one based on collection of telecommunications sales taxes
only if: (a) the bill will preserve or increase the levels of reasonable compensation
that all cities receive; (b) the sales tax 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,
Verizon, AT &T, 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.
9. allow for the direct election of emergency service district board members.
10. allow cities to withdraw from an emergency services district.
11. maintain telecommunications discounts for Texas libraries and schools to
ensure the continuation of high -speed information access in libraries across the
state.
12. repeal the restriction against breed specific regulations contained in Section
a
822.047(1) of the Texas Health & Safety Code.
13. authorize cities to set speed limits on residential streets by local ordinance
without performing a street - specific engineering and traffic investigation.
14. amend the Development Corporation Act to define 'land- locked communities"
and to permit expenditures for projects for the promotion of new or expanded
business enterprises and commercial activities within said 'land- locked
communities."
15. repeal Section 49(d)(1) of H.B. 1549 (2003 Legislature), banning automatic
voting machines on January 1, 2006.
Endorse
The Board voted to endorse legislation that would:
1. apply hotel occupancy taxes to RV parks.
2. authorize cities to collect a sales tax on motor fuel sales that occur within the
city.
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2005 Texas Municipal League (TML) Agenda
February 22, 2005
16. amend the Utilities Code to permit the Public Utility Commission to levy
penalties against transmission and distribution service providers and /or retail
electric providers that fail to timely submit customer switch requests and issue
initial bills.
17. amend the Utilities Code to permit cities to annually adjust the franchise
charge amount collected pursuant to Section 33.008(b) of the Utilities Code by
an amount equal to one half of the annual change, if any, in the consumer price
index.
18. require transmission and distribution service providers to read meters at least
once every three billing cycles.
19. impose the requirement of placing identifying markings on beer barrels, half
barrels, and kegs so that they can be traced to the retailer where they were
purchased and consequently to the adult who purchased them.
20. control "college nights" or "teen nights" activity by minors and alcoholic
beverage permit holders.
21. amend the Transportation Code to remove the funding "cap" that is applied to
elderly and disabled transportation providers operating in an urbanized area, but
not included within a transit authority.
Oppose
The Board voted to oppose legislation that would:
1. impose additional state court costs or fees in municipal court.
2. "streamline" utility taxes or fees to the detriment of cities.
3. permit waiver of appearance at a municipal court trial.
4. limit a city's municipal court jurisdiction in its extraterritorial jurisdiction.
5. enact a property tax exemption that would substantially erode the tax base.
6. reduce the appraisal growth cap established in current law.
7. impose revenue caps of any type.
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2005 Texas Municipal League (TML) Agenda
February 22, 2005
24. further erode cities' ability to impose development exactions beyond current
law.
25. require a city to adopt further uniform building codes.
26. impose time restrictions on the issuance of building permits.
27. restrict cities' ability to impose building fees beyond current law.
28. limit the ability of cities to pass on any fees related to subdivision plat review
to a developer beyond current law.
29. modify the provisions that govern city compensation for the relocation,
reconstruction, or removal of signs.
30. further restrict city authority over political signs beyond current law.
31. exempt any entity from paying impact fees.
32. eliminate the requirement that collective bargaining be adopted by popular
vote.
33. expand financial disclosure requirements beyond current law.
34. impose any additional health coverage mandates.
35. require cities to allow time away from work by employees.
36. in any way limit or erode the current authority of cities to enter into
employment contracts.
37. prohibit or hinder a police officer from making an arrest for a fine -only
offense.
38. require police officers that execute a search warrant to return the searched
area to its original condition after the search.
39. erode the authority of a city to regulate scooters.
40. 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.
40 41. change or delete any of the current uniform election dates.
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2005 Texas Municipal League (TML) Aqenda
February 22, 2005
56. negatively affect the ability of cities to investigate pawnshops and stolen
property.
57. allow a court to order a city to exercise its authority to abate a nuisance.
58. create new obligations on the part of Texas cities to provide non - traditional
services to their citizens without the necessary funding to cant' out the spirit and
provisions of such legislation; create new statutes that limit or remove the rights
of Texas cities to control land uses, business, development, or the enforcement
of local regulation of 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 in which such
actions are proposed; or 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.
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