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HomeMy WebLinkAboutIR 7029 114FORMAL REPORT TO CITY COUNCIL MEMBERS No.7029 T I IR To the Mayor and Members of the City Council June 11, 1985 us Subject: LEGISLATIVE UPDATE Background The 69th Session of the Texas Legislature ended at midnight on May 27, 1985. Of 4,600 bills introduced during the 140-day session, 950 were finally passed and sent to the Governor. Of all bills introduced, ap- proximately 450 were city-related issues, the majority of which, if passed, would have diminished the authority of home rule cities. Appro- ximately 50 city-related bills were finally passed and sent to the Governor, who has until midnight, June 16th, to sign bills, veto bills, or let them become law without his signature. Within a week or so, the Texas Municipal League will publish a summary of all city-related bills, both passed and defeated. When received, the TML report will be distributed to the Mayor and Members of the City Council , and to all management personnel and departmental directors. Within the next week, copies of all bills, as finally passed, will be distributed to the City Manager, City Attorney, and to appropriate departments. The balance of this report will address thp outcome of four local bills and eight other bills of statewide significance on which the City Coun- cil acted to establish a formal legislative policy. Local Bills H.B. 871-Granting Governmental Status to Municipal Ownership of Rail - roads . New law. Declares the municipal ownership and operation of a railroad to be "public and governmental functions that are exercised for a public purpose and matters of public necessity." (Rep. David Cain) Passed and signed by the Governor. Effective May 24, 1985. S.B. 35-Law Enforcement Interlocal Assistance Agreements . Amends Arti- cle 999b, V.T.C.S. , to authorize the Department of Public Safety of the Dallas/Fort Worth International Airport to participate in interlocal law enforcement assistance agreements with counties and municipalities. (Sen. Bob McFarland) . Passed and signed by the Governor. Effective April 6, 1985. S.B. 748-Regulation of Taxicabs Serving Dallas/Fort Worth International Airport. Amends Articles 911a and 46d - 14, V.T.C.S. , to clarify the fact that when the Texas Legislature in 1983 passed H.B. 593, the intent was to give the Dallas/Fort Worth Airport Board, and not the Texas Rail- road Commission, the authority and responsibility for permitting taxicab companies serving the airport. (Sen. John Leedon) . Passed and signed by the Governor on June b. Effective immediately. -ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No.7029 •2 To the Mayor and Members of the City Council June 11, 1985 Poll, »rEXAy� Subject: LEGISLATIVE UPDATE H.B. 2427-Fort Worth Municipal Court of Record. Amends Article 1200ff-1, V.T.C.S., (enacted in 1979), to (1) establish the courts' jurisdiction as that "provided by general law for municipal courts", (2) provides for municipal court judges to be appointed by the governing body, (3) provides for the appointment of an official court reporter by the governing body and authorizes the use of notes, transcribing and re- cording equipment in the preparation of transcripts of proceedings, and (4) prescribes that the City Marshal or his designated officer or deputy shall perform the duties of bailiff. (Rep. Doyle Willis) . Passed and sent to the Governor on May 17. STATEWIDE BILLS S.B. 829-Collection of Outstanding Traffic Warrants. Amends Title 116, Revised Statutes by adding Article 6687c; amends Article 6687b, V.T.C.S., by amending Subsections (a) and (b) of Section 22 and by adding Section 28A, to authorize the cities of Fort Worth, Dallas, and San Antonio to enter into a series of contracts with their respective counties or with the State Department of Highways and Public Transporta- tion for assistance in collecting on outstanding traffic warrants. Under a contract with the County, the County Tax Assessor-Collector would refuse to register or re-register a motor vehicle owned by an individual with outstanding traffic warrants until the warrants were cleared . Under a contract with the Texas Department of Public Safety, an individual would be denied a driver's license until all outstanding traffic warrants were cleared. (Sen. Ted Lyon) . Passed and sent to the Governor on May 21. H.B. 1855-(Rep. Bruce Gibson); H.B. 1798 (Rep. Alex Moreno); H.B. 1750 (Rep. Al Price) . Additional Delinquent Tax Penalties for Cities. Pro- posing various amendments to the Tax Code to authorize cities to collect an additional penalty (up to 15%) to defray the administrative cost of collecting delinquent taxes. Each bill failed to pass. S.B. 1277-Requirement of Trial Before Appeal from Municipal Court. Pro- posing amendments to Article 27.14, Code of Criminal Procedure, to require a defendant to have an actual trial in municipal court and a finding of guilty before the case could be appealed to county court. (Sen. Hugh Parmer). Failed to Passed. Died in House Criminal Jurispru- dence Committee. H.B. 230-Motor Fuels Tax Exemption. Proposing amendments to Chapter 153, Tax Code, to provide that a city or county pay a state motor fuels tax of five cents per gallon instead of the current ten cents per gallon for use in local government vehicles. (Rep. Billy Clemons; Lufkin) . Failed to pass. Died in House Ways and Means Committee. NOTE: Following conferences with House and Senate leaders, Fort Worth did not sponsor similar legislation to propose a total exemption from the motor fuels tax for cities, counties, transit authorities and school dis- tricts. LISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7029 3 µ}p TfRfO top'. To the Mayor and Members of the City Council June 11 , 1985 Subject: LEGISLATIVE UPDATE H.B. 1192-(Rep, Erwin Barton); H.B. 704 (Rep. Roman Martinez) ; S.B. 561 (Sen. Ted Lyon) . Heart-Lung-Cancer Presumption for Firemen. Proposing amendments to Article 6243e-3, V.T.C.S. The bills by Barton and Martinez dealt with a cancer presumption for firemen. The bill by Lyon dealt with a heart and lung presumption for firemen. Under S.B. 561, a fireman's death or disability from heart or lung disease would always be presumed to be a consequence of his duties if: (a) his employment was four years or longer; and (b) physical exams prior to his disability or death revealed no evidence of heart or lung disease. Each bill failed to pass. NOTE: The City of Fort Worth opposed the passage of such man- datory, presumptive legislation. H.B. 1330-Regulation of Outdoor Signs and Billboards . New law, applica- ble to on-premise and off-premise outdoor signs. For cities having an amortization clause in their sign abatement ordinances as of June 1, 1985, the law requires that 50% of all nonconforming signs that can be brought into compliance (by downsizing or relocation) at a cost of 15 percent or less of the value of the sign, must be brought into compli- ance at the owner' s expense by July 1, 1988 (one-third each year). Otherwise, the owner of a sign that is required to be relocated, recon- structed, or removed is entitled to be compensated for associated costs, as specified in the Act. Amortization, based on 65 percent of the "use- ful life" of a sign, is specified as an authorized method for providing compensation to owners of nonconforming signs designated for removal , relocation or reconstruction. If a city, at its option, requires immediate compliance on a nonconforming sign, it has the further option to pay "compensable costs" to the sign owner by cash payment, or by either tax abatement, or from revenue bond proceeds as authorized in the Act. All nonconforming off-premise signs go on the tax rolls at "com- pensable cost" values, equivalent to three times the annual gross revenues received by the owner. A separate formula is specified for determing the taxation value for on-premise nonconforming signs. To administer the provisions of the Act, a five-member local board, appointed by the mayor, is established. In addition to other specified responsibilities, the local board determines the period of "useful life" (amortization period) of nonconforming signs remaining after the 15 per- cent rule is applied. The board also determines the "compensable costs" to be paid when immediate compliance is required by cities. If a sign owner appeals a decision by the local board, that appeal to district court is based on substantial evidence rules. Finally, and effective immediately, cities are authorized to extend their sign abatement ordi- nance into their areas of extraterritorial jurisdiction. (Rep. Bill Messer; Belton) . Passed and signed by the Governor. Effective Septem- ber 1, 1985, except Article 3, effective immediately. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ANFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7029 - 12.4 All T 141 To the Mayor and Members of the City Council June 11, 1985 Subject: LEGISLATIVE UPDATE H.B. 2 and H.J.R. 6-Water Development/Conservation. Various amendments to the Water Code with financing provisions subject to voter approval at election on November 5, 1985 (Constitutional amendments) . Among the provisions are: (1) $980 million increased bond authority for the Texas Water Development fund to provide loans for local water supply, quality and control projects; (2) $200 million for loans for agricultural con- servation, and (3) $250 million for a state insurance fund to guarantee local water bonds. Other provisions would require implementation of mandatory conservation plans in cities seeking state water aid; local elections to create special districts for Bound-water control ; research and education programs to promote conservation on farms; and limits on reservoirs to preserve water flow to coastal wetlands. (Rep. Tom Craddick) . Passed and signed by the Governor on May 23. Effective on adoption of constitutional amendments proposed by H.J.R. 6. H.B. 1218-Regulation of Industrialized Housing and Buildings and Modular Homes. Various amendments to the Texas Manufactured Housing Standards Act, Article 5221f, V.T.C.S., (1) continues the city's authority to zone mobile homes in mobile home parks and mobile home subdivisions; (2) requires that modular homes must meet the Uniform Building Code and allows modular homes to be located in residential zones permitting other construction which meets the Code requirements; (3) continues the enforcement of deed restrictions, when applicable; and (4) authorizes the city to permit modular homes, allowing the city to conduct plan review, inspect foundations, conduct on the site inspections, conduct final inspections, and to perform any tests that may be applicable. (Rep. Charles Evans) . Passed and signed by the Governor. Effective September 1, 1985 except Sections 2-4 are effective January 1, 1986. Conclusion Copies of the above summarized bills and other bills as finally passed are available from the Office of Intergovernmental Affairs. Summaries of certain major bills will be prepared in the near future and copies will be available upon request. If additional information is desired, please contact Jim Wilson, Interyovermental Affairs Coordinator, 870-8184. Do Nul *�arm "n City City anager DH:kcnnn L ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS