HomeMy WebLinkAboutIR 7535 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7535
July 16, 1991
,ts f Opt To the Mayor and Members of the City Council
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Subject: Review of 1991 Regular Session of Texas Legislature
The Texas Legislature adjourned from the Regular Session on
May 27 , 1991. Staff continues to evaluate and analyze the effects of
the legislation passed during this past session. We expect more
legislation to be passed in special sessions that will be called by
the Governor. The first of what may be a series of special sessions
is scheduled to start on July 15th. It is anticipated that the call
for this first session will be limited primarily to the resolution of
the State budget , Congressional redistricting, and possibly, judicial
selection.
As you are aware, the City of Fort Worth has taken a position during
the legislative sessions of protecting itself from harmful legislation
while pursuing limited changes in the law. During the regular
session, staff , at the direction of Council and with the help of the
Texas Municipal League, was successful in killing a bill that would
have changed the adoption procedure for collective bargaining. In
addition, a bill that would have taken the City 's retirement program
out from under the control of the City Council was defeated in the
last days of the session.
A piece of legislation that did pass and will have an impact on the
City is a bill that was touted as clean-up legislation on the
"freeport" exemption. House Bill 1859 cleared both the House and the
Senate during the last two weeks of the session. The intent of the
legislation was to remove the language from the statute that required
that goods must be under continuous ownership to be qualified for the
"freeport" exemption. The author of the bill , Representative Vowell ,
contends , that with the changes in the law, the statute now conforms
to the Texas Constitution and the Constitutional Amendment that was
passed by the voters in November , 1989 .
Prior to the start of the regular session, the City Council adopted a
legislative program. There were 19 policy positions taken by the City
Council in the development of the legislative program. of those 19
policy positions , policies # 2 , #3 , #4 , #9 , and #19 were determined on
March 14th to be priority items . of those 5 priority positions , 4
bills were passed that satisfied all or parts of the priority
positions . overall , of the 19 policy positions , 7 were satisfied by
passage of separate pieces of legislation .
A detailed listing of all actions taken on the City of Fort Worth
Legislative Program is attached. Also included in this report is a
review of the regular session by the Texas Municipal League. Below is
a summary of the bills from Fort Worth's Legislative Program that will
become law.
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7535
Page 2 of 3
of foam To the Mayor and Members of the City Council
July 16, 1991
exA roy
Subject: Review of 1991 Regular Session of Texas Legislature
Altered Vehicle Numbers (Policy #2)
SB 589 was passed and the Governor filed without a signature. This
bill will help in the Police Department 's effort to address the auto
theft problem. The bill will subject "chop" shops to forfeiture if
vehicle identification numbers are found to be tampered with.
(Effective September 1 , 1991)
Restitution for Clean-Up of Illegal Drug Laboratories (Policy *4)
SB 853 was passed and the Governor filed without a signature. This
bill will allow the arresting agency to request that a judge impose as
condition of probation on the defendant in a drug case, the
reimbursement of costs associated with the clean-up of illegal drug
labs . (Effective September 1 , 1991)
Regulation of Sand/Gravel Mining Operations (Policy #9)
HB 451 was passed and signed by the Governor . This bill will require
that owners of sand and gravel mining operations must take safety
precautions by erecting berms or guardrails when gravel pits come up
to public roads . There are also setback provisions included in the
bill . The regulations will be enforced by the Railroad Commission.
(Effective August 26, 1991)
Pawn Shop Regulation (Policy #10 )
HB 1258 was passed and signed by the Governor . This bill returns to
cities the authority to regulate the location of pawnshops . The law
also limits the hours of operation of pawnshops from 7 : 00 a.m. to 9:00
p.m. . (Effective September 1, 1991)
Joinder of Offenses (Policy #12)
SB 148 was passed and signed by the Governor. This was actively
pursued by the Tarrant County District Attorney's office and the
County and was supported by the City . The bill will allow the court
to consolidate multiple crimes involving violations of the Controlled
Substances Act . (Effective September 1 , 1991)
Sexual Assault and Domestic Violence (Policy #17 )
SB 275, HB 391 , and HB 263 were passed and signed by the Governor .
These bills were supported by the Fort Worth Commission on the Status
of Women and the City Council . The bills address the battered woman
defense in cases of family violence, provide for a felony offense in
cases where there are multiple violations of a protective order , and
remove the spousal exemption in certain cases of rape. (Effective
September 1 , 1991)
[ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS No.7535
..'eTift'a Page 3 of 3
To the Mayor and Members of the City Council July 16, 1991
Vx
Subject: Review of 1991 Regular Session of Texas Legislature
Fort Worth Court of Record (Policy #19)
SB 1590 was passed and filed by the Governor . This bill changes the
requirements for hiring judges under the Fort Worth Court of Record
Statute. The change in the law will allow for more applicants to be
qualified to interview for the position of municipal court judge.
(Effective August 26, 1991)
As mentioned, the Texas Legislature is scheduled to convene in a
special session on July 15 . We expect that the deliberations on the
State budget could have some positive as well as negative impacts on
cities . The Texas Municipal League has endorsed the expansion of the
sales tax base and an increase in the gasoline tax dedicated for use
by cities for street and road maintenance . Both measures could
provide added revenues for the City . on the negative side , the State
budget session could produce unfunded mandates on cities as programs
once handled by the state are passed on to cities . Staff will monitor
the special sessions and work closely with the Texas Municipal League
on issues of concern.
o you have additional questions , please let me know.
� David Ivory
�„,City Manager
Attachments
[ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
� M
POLICY #1
RESTRICTING SALE OF ARMOR-PIERCING AMMUNITION
It is proposed that the sale of armor-piercing ammunition to the genera
public be prohibited in the state of Texas allowing for the sale only for
governmental use such as by law enforcement , by the military, and in penal
institutions .
HB 728
By Carter . Relating to the prosecution of offenses involving
armor-piercing ammunition as a prohibited weapon.
H FILED 2/ 4/91
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 2/13/91
After introduction of this bill and after further research, it was determined
that current federal law bans the sale of armor-piercing ammunition in the
United States and therefore no additional legislation was needed.
1
. POLICY #2 (PASSED)
ALTERED VEHICLE IDENTIFICATION NUMBERS
The penalty for possession of a vehicle or vehicle parts with altered or
obliterated identification numbers needs to be upgraded from a Class A
misdemeanor to a second degree felony. Possession of stolen vehicles or
stolen parts constitute a felony offense; however, the Auto Theft Unit of the
Fort Worth Police Department is discovering that criminals are destroying the
identification numbers because this makes the offense a misdemeanor and
therefore does not subject them to a felony offense or their businesses to
possible forfeiture under the felony forfeiture statute of 1989.
SB 589
By Moncrief . Relating to tampering with or altering identification
numbers on motor vehicles , equipment, or other property and to forging or
tampering with governmental records.
S FILED 2/25/91
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 2/26/91
S SUBCOMMITTEE HEARING SET FOR S-STATE 3/20/91
S RETURNED TO COMMITTEE AS SUBSTITUTED S-STATE 3/20/91
S COMMITTEE HEARING SET FOR S-STATE 3/25/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED S-STATE 3/25/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 4/ 4/91
S PASSED 4/ 4/91
H RECEIVED IN THE HOUSE - NOT REFERRED 4/ 8/91
H REFERRED TO HOUSE COMMITTEE ON TRANS 4/ 9/91
H VOTED FAVORABLY FROM COMMITTEE ON TRANS 4/24/91
H REPORTED FAVORABLY FROM COMMITTEE ON TRANS 4/26/91
H SET ON THE LOCAL CALENDAR 5/ 2/91
H PASSED ON LOCAL CALENDAR 5/ 2/91
FILED WITHOUT SIGNATURE 5/16/91
[Effective September 1 , 19911
Other bills filed that addressed this policy:
HB 613
By Wentworth. Relating to the disposition of a motor vehicle or part of a
motor vehicle that has had the permanent vehicle identification number
removed, changed, or obliterated, when the rightful owner is unknown.
H FILED 1/28/91
H INTRODUCED AND REFERRED TO COMMITTEE ON TRANS 2/11/91
H COMMITTEE HEARING SET FOR TRANS 3/ 5/91
POLICY #3
INSPECTION AND TITLING OF SALVAGED VEHICLES
The provision that all vehicles rebuilt from salvage vehicles must be
inspected by a peace officer should be reinstated. With no inspection„ .,`
currently mandated, the door is open for abuses whereby salvaged vehicles at
being rebuilt with stolen parts .
HB 1872
By Wentworth. Relating to the issuance of salvage certificates of title
and the inspection of rebuilt vehicles.
H FILED 3/ 6/91
H INTRODUCED AND REFERRED TO COMMITTEE ON TRANS 3/19/91
H COMMITTEE HEARING SET FOR TRANS 5/ 1/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE TRANS 5/ 7/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED TRANS 5/17/91
POLICY #4 (PASSED)
RESTITUTION FOR CLEAN-UP OF ILLEGAL DRUG LABORATORIES
This bill will amend the Health and Safety Code, Texas Controlled Substances
Act , to require of individuals convicted of illegally manufacturing drugs, as
a condition of probation, the reimbursement of expenses to the arresting
agency associated with the clean up effort of the illegal drug site. This
reimbursement will be in addition to any fine or prison sentence imposed.
SB 853
Companions: HB 1343
By Moncrief . Relating to the reimbursement of expenses for the
confiscation, analysis , storage, and disposal of controlled substances
and related items by a law enforcement agency.
S FILED 3/ 6/91
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 3/ 7/91
S COMMITTEE HEARING SET FOR CRIM JUS 4/25/91
S REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUS 4/25/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/ 9/91
S PASSED 5/ 9/91
H RECEIVED IN THE HOUSE - NOT REFERRED 5/ 9/91
H REFERRED TO HOUSE COMMITTEE ON CRIM JUR 5/13/91
H COMMITTEE HEARING SET FOR CRIM JUR 5/14/91
H VOTED FAVORABLY FROM COMMITTEE ON CRIM JUR 5/14/91
H REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUR 5/15/91
H PASSED TO THIRD READING 5/17/91
H SET ON THE LOCAL CALENDAR 5/21/91
H PASSED 5/20/91
FILED WITHOUT SIGNATURE 6/ 6/91
[Effective September 1 , 1991)
Other bills filed that addressed this policy:
HB 1343
Companions: SB 853
By Carter. Relating to the reimbursement of expenses for the
confiscation, analysis , storage, and disposal of controlled substances by
a law enforcement agency.
H FILED 2/26/91
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 3/ 6/91
H COMMITTEE HEARING SET FOR CRIM JUR 4/23/91
H VOTED FAVORABLY FROM COMMITTEE ON CRIM JUR 4/24/91
H REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUR 4/26/91
H SET ON THE LOCAL CALENDAR 5/14/91
H POSTPONED ON SECOND READING 5/14/91
H SET ON THE HOUSE CALENDAR 5/16/91
H LAID ON THE TABLE - SUBJECT TO CALL 5/17/91
OW
POL-I CY #5
TAX RATE CALCULATION
Several items within the calculation of the effective tax rate need revisit
to give a clearer and more accurate picture of the true effective tax rate
as it is to be presented to the public. The City can expect and should
support legislation to be filed that will return the calculation to its
original format . In addition, amendments will be offered that provide for the
anticipated collection rate used in the calculation of the effective tax rate
to be based on historical collection rates rather than the use of estimates.
HB 1338
By Hill , Fred. Relating to the imposition of property taxes.
H FILED 2/26/91
H INTRODUCED AND REFERRED TO COMMITTEE ON WAYS 3/ 6/91
H SUBCOMMITTEE HEARING SET FOR WAYS 5/ 7/91
POLICY #6
DEFINITION OF INVENTORY UNDER STATE PROPERTY TAX CODE
Unlike other real estate which is taxed at market value as real property,
residential real estate can and is classified as the "inventory" of the
developer/owner if it is held for sale in the ordinary course of a trade or
business . This bill will change Section 23. 12 of the State Property Tax Code,
changing the definition of inventory and eliminating the favorable appraisal
treatment of real estate held for sale.
No bill filed on this policy
POLICY #7
EXEMPTION OF GARBAGE COLLECTION FROM SALES TAX
Cities like Fort Worth, where the City is attempting to operate its garbage
collection system as a self-sustaining enterprise are penalized with overall
higher bills due to the tax on municipal garbage collection. This bill will
amend Section 151 . 9948(3) of the Tax Code to exempt from the sales tax levy
all garbage or other solid waste collection and removal collected by municipal
operations whether contracted out or otherwise.
No bill filed on this policy
POLICY #8
DEPOSITORY LAW
The controlling state statutes concerning depository law for municipalities
has not been revised or updated since the early 1940 's . As a result , the code
requires considerable updating to recognize changes that have taken place in
the financial industry. The work on the Depository Law will require a
rewrite of a substantial amount of Chapter 105 of the Municipal Code. A team
of treasurers , bond counsels , and financial advisors have already started that
process and will introduce changes in the statutes on depository law.
HB 1572
By Robnett . Relating to depositories for municipal funds.
H FILED 3/ 4/91
H INTRODUCED AND REFERRED TO COMMITTEE ON URBAN AFF 3/13/91
= POLICY #9 (PASSED)
REGULATION OF SAND/GRAVEL MINING IN UNINCORPORATED AREAS
Legislation is needed that would give the county government the authority t
regulate sand and gravel mining in unincorporated areas and allow-
municipalities to regulate the mining located within their extraterritorial
jurisdiction.
HB 451
By Brimer. Relating to the regulation of sand excavations by certain
counties and municipalities .
H FILED 1/16/91
H INTRODUCED AND REFERRED TO COMMITTEE ON COUNTY 2/ 5/91
H COMMITTEE HEARING SET FOR COUNTY 4/10/91
H SENT TO SUBCOMMITTEE COUNTY 4/10/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE COUNTY 5/ 8/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED COUNTY 5/14/91
H SET ON THE LOCAL CALENDAR 5/17/91
H PASSED ON LOCAL CALENDAR 5/17/91
S RECEIVED IN THE SENATE - NOT REFERRED 5/20/91
S REFERRED TO SENATE COMMITTEE S-NATURAL 5/21/91
S COMMITTEE HEARING SET FOR S-NATURAL 5/22/91
S VOTED FAVORABLY FROM COMMITTEE AS AMENDED S-NATURAL 5/22/91
S REPORTED FAVORABLY FROM COMMITTEE AS AMENDED S-NATURAL 5/23/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/25/91
S FLOOR AMENDMENT(S) ADOPTED 5/25/91
S PASSED 5/25/91
HOUSE CONCURRED IN SENATE AMENDMENTS 5/26/91
SIGNED BY THE GOVERNOR 6/16/91
(Effective August 26 , 1991)
Other bills filed that addressed this policy:
HB 1855
By de la Garza . Relating to the definition, safety, reporting,
certification, and regulation of certain aggregate quarries and pits .
H FILED 3/ 6/91
H INTRODUCED AND REFERRED TO COMMITTEE ON H-NATURAL 3/19/91
H COMMITTEE HEARING SET FOR H-NATURAL 4/15/91
H SENT TO SUBCOMMITTEE H-NATURAL 4/15/91
H SUBCOMMITTEE HEARING SET FOR H-NATURAL 4/29/91
H VOTED FAVORABLY FROM COMMITTEE ON H-NATURAL 5/ 6/91
H VOTED FAVORABLY FROM COMMITTEE AS AMENDED H-NATURAL 5/ 8/91
H REPORTED FAVORABLY FROM COMMITTEE AS AMENDED H-NATURAL 5/15/91
H SET ON THE HOUSE CALENDAR 5/24/91
SB 588
By Moncrief . Relating to the regulation of sand and gravel excavations in
certain counties and municipalities .
S FILED 2/25/91
S INTRODUCED AND REFERRED TO COMMITTEE ON IGR 2/26/91
POLICY # 10 (PASSED)
001" PAWN SHOP REGULATION
During the 71st Legislative Session, legislation was passed that is being
interpreted as transferring to the Consumer Credit Commissioner the authority
to make decisions regarding the hours of operation, the location of pawnshops,
the identification of pledges, and all other matters pertaining to pawnshops.
Legislation is expected to be introduced that will repeal Section 121{c} of
SB 607, 1989 regular session.
HB 1258
By Gibson. Relating to the authority of the Consumer Credit Commissioner,
the regulation of certain consumer credit practices , and the regulation
of pawnshops.
H FILED 2/25/91
H INTRODUCED AND REFERRED TO COMMITTEE ON FINANCIAL 3/ 5/91
H COMMITTEE HEARING SET FOR FINANCIAL 3/18/91
H SENT TO SUBCOMMITTEE FINANCIAL 3/18/91
H SUBCOMMITTEE HEARING SET FOR FINANCIAL 4/ 8/91
H RETURNED TO COMMITTEE AS SUBSTITUTED FINANCIAL 4/ 8/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE FINANCIAL 4/ 9/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED FINANCIAL 4/18/91
H SET ON THE HOUSE CALENDAR 5/ 8/91
H PASSED TO THIRD READING 5/ 8/91
H PASSED 5/ 9/91
S RECEIVED IN THE SENATE - NOT REFERRED 5/10/91
S REFERRED TO SENATE COMMITTEE ECON 5/13/91
S COMMITTEE HEARING SET FOR ECON 5/16/91
S VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE ECON 5/16/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED ECON 5/17/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/22/91
S FLOOR AMENDMENT(S) ADOPTED 5/22/91
S PASSED 5/22/91
HOUSE REFUSED TO CONCUR IN SENATE AMENDMENTS 5/25/91
SENATE APPOINTED CONFERENCE COMMITTEE 5/26/91
HOUSE CONCURRED IN SENATE AMENDMENTS 5/27/91
SIGNED BY THE GOVERNOR 6/16/91
[Effective September 1 , 19913
Other bills filed that addressed this policy:
HB 244
By Blair. Relating to the operation of pawnshops .
H FILED 12/19/90
H INTRODUCED AND REFERRED TO COMMITTEE ON FINANCIAL 1/28/91
H COMMITTEE HEARING SET FOR FINANCIAL 3/18/91
H SENT TO SUBCOMMITTEE FINANCIAL 3/18/91
H SUBCOMMITTEE HEARING SET FOR FINANCIAL 4/ 8/91
HB 645
By Shelley. Relating to the regulation of pawnshops .
H FILED 1/29/91
OP*' H INTRODUCED AND REFERRED TO COMMITTEE ON FINANCIAL 2/11/91
H COMMITTEE HEARING SET FOR FINANCIAL 3/18/91
H SENT TO SUBCOMMITTEE FINANCIAL 3/18/91
H SUBCOMMITTEE HEARING SET FOR FINANCIAL 4/ 8/91
POLICY #11
HANDGUN COOLING OFF PERIOD -,ON
It is suggested that a law be passed to provide for a seven-day waiting peri
between the time a person pays for a handgun and the time he or she is
permitted to take possession of the handgun. It is generally recognized that
there is no one particular firearm law which will dramatically reduce the
crime rate. However, there are a number of measures which can be implemented,
such as a proposed "cooling off" period , which may have a positive impact on
crime.
No bills were filed that reflected a reasonable approach to a seven-day waiting
period. Legislation is currently being debated at the federal level . The City
has not taken a position on the federal legislation.
POLICY #12 (PASSED)
JOINDER OF OFFENSES
The Tarrant County District Attorney's Office proposes an initiative that
gives a trial judge sole discretion in the matter of allowing the severing of
multiple offenses sought to be joined in one trial , by amending Sections 3.02,
3.03, and 3.04 of the Penal Code. The issue of whether the sentences should
run consecutively or concurrently also would be left to the discretion of the
trial judge. Currently the defendant has the right to sever the offense
sought to be joined in one trial . In reality, the criminal justice system
does not have the resources to have multiple trials on a defendant who has
committed multiple crimes. Essentially, unless multiple crimes are
consolidated into one trial with greater frequency, defendants will not be
punished or deterred from committing multiple offenses .
SB 148
Companions : HB 427
By Harris , Chris . Relating to multiple prosecutions of offenses under the
Controlled Substances Act arising out of single criminal episodes.
S FILED 1/15/91
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 1/17/91
S COMMITTEE HEARING SET FOR CRIM JUS 2/19/91
S VOTED FAVORABLY FROM COMMITTEE ON CRIM JUS 2/19/91
S REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUS 2/20/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 2/26/91
S PASSED 2/26/91
H RECEIVED IN THE HOUSE - NOT REFERRED 2/27/91
H REFERRED TO HOUSE COMMITTEE ON CRIM JUR 3/ 4/91
r► H COMMITTEE HEARING SET FOR CRIM JUR 3/19/91
H SENT TO SUBCOMMITTEE CRIM JUR 3/19/91
H SUBCOMMITTEE HEARING SET FOR CRIM JUR 4/22/91
H RETURNED TO COMMITTEE WITHOUT AMENDMENTS CRIM JUR 4/22/91
H VOTED FAVORABLY FROM COMMITTEE AS AMENDED CRIM JUR 4/24/91
H REPORTED FAVORABLY FROM COMMITTEE AS AMENDED CRIM JUR 4/30/91
H SET ON THE HOUSE CALENDAR 5/15/91
H FLOOR AMENDMENT(S) ADOPTED 5/15/91
H PASSED TO THIRD READING 5/15/91
H PASSED 5/16/91
SENATE CONCURRED IN HOUSE AMENDMENTS 5/18/91
SIGNED BY THE GOVERNOR 5/25/91
[Effective September 1, 1991]
Other bills filed that addressed this policy:
HB 427
Companions : SB 148
By Grusendorf . SAME AS SB 148. Relating to multiple prosecutions of
offenses under the Controlled Substances Act arising out of a single
criminal episodes .
H FILED 1/16/91
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 2/ 4/91
H COMMITTEE HEARING SET FOR CRIM JUR 3/19/91
H SENT TO SUBCOMMITTEE CRIM JUR 3/19/91
• POLICY #13
HEART LUNG PRESUMPTION
Historically the City has opposed any attempts to change the existing loca
option to adopt a "heart-lung presumption" provision for fire fighter pension
funds . The awarding of benefits to fire fighters who die or are disabled from
heart or lung disease based on the presumption of a job-related death or
injury is currently a local option case by case decision as it should remain.
SE 1124
By Tejeda. Relating to benefits based on line-of-duty deaths of members
of certain public retirement systems.
S FILED 3/ 8/91
S INTRODUCED AND REFERRED TO COMMITTEE ON S-STATE 3/12/91
S COMMITTEE HEARING SET FOR S-STATE 5/ 1/91
S VOTED FAVORABLY FROM COMMITTEE ON S-STATE 5/ 1/91
S REPORTED FAVORABLY FROM COMMITTEE ON S-STATE 5/ 2/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/ 8/91
S PASSED 5/ 8/91
H RECEIVED IN THE HOUSE - NOT REFERRED 5/ 8/91
H REFERRED To HOUSE COMMITTEE ON RETIRE 5/13/91
A10S
POLICY #14
PRESERVATION OF LOCAL SELF-GOVERNMENT
As a general policy, the City of Fort Worth opposes any legislative proposals
seen as detrimental to the constitutional principle of homerule charter and
local self-government , that mandates increased costs to cities, that results
in loss of revenues, and/or would diminish the fundamental authority of
homerule cities to regulate and manage their growth and development in
a manner consistent with the best interests of the health, safety, and welfare
of the general public. The City Council authorizes the staff to take the
actions necessary to oppose legislation viewed as detrimental to the City's
interest so as to insure the preservation of local self-government .
SE 1324
By Moncrief . SAME AS HB 2423 . Relating to benefits and administration of
retirement systems in certain municipalities.
S FILED 3/ 7/91
S INTRODUCED AND REFERRED TO COMMITTEE ON IGR 3/12/91
S COMMITTEE HEARING SET FOR IGR 4/16/91
S VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE IGR 4/16/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED IGR 4/17/91
S SET ON THE LOCAL CALENDAR 4/26/91
S PASSED ON LOCAL CALENDAR 4/26/91
H RECEIVED IN THE HOUSE - NOT REFERRED 4/29/91
H REFERRED TO HOUSE COMMITTEE ON RETIRE 5/ 2/91
H COMMITTEE HEARING SET FOR RETIRE 5/13/91
H VOTED FAVORABLY FROM COMMITTEE ON RETIRE 5/13/91
H REPORTED FAVORABLY FROM COMMITTEE ON RETIRE 5/14/91
H SET ON THE HOUSE CALENDAR 5/24/91
HB 2423
By Willis . Relating to benefits and administration of retirement systems
in certain municipalities.
H 3j 8j91
FILED
H INTRODUCED AND REFERRED TO COMMITTEE ON RETIRE 3/25/91
H COMMITTEE HEARING SET FOR RETIRE 4/17/91
SB 1019
By Brown. Relating to local revision of the civil service law for police
officers in certain municipalities . 3j 8/91
S FILED
S INTRODUCED AND REFERRED TO COMMITTEE ON IGR 3/12/91
S COMMITTEE HEARING SET FOR IGR 3/19/91
S VOTED FAVORABLY FROM COMMITTEE ON IGR 3/19/91
S REPORTED FAVORABLY FROM COMMITTEE ON IGR 3/20/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 4/25/91
S FLOOR AMENDMENT(S) ADOPTED 4/25/91
S PASSED
H RECEIVED IN THE HOUSE - NOT REFERRED 4/29/91
H REFERRED TO HOUSE COMMITTEE ON URBAN AFF 5/13/91
H COMMITTEE HEARING SET FOR
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE URBAN AFF 5/17/91
POLICY #15
ENVIRONMENTAL POLICY STATEMENT
The City of Fort Worth should support environmental legislation which utiliz
cost effective control technology and responds to known health and
environmental impacts , that contains financial support in the form of funding
that is not locally taxed based, for the implementation and enforcement of
such legislation, and that has been thoroughly researched to prevent an impact
on other regulations or that prevents additional impacts on existing
environmental programs .
SB 1340
By Parker. Relating to recycling programs and incentives .
S FILED 3/ 8/91
S INTRODUCED AND REFERRED TO COMMITTEE ON S-NATURAL 3/12/91
S COMMITTEE HEARING SET FOR S-NATURAL 4/18/91
S VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE S-NATURAL 4/17/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED S-NATURAL 4/18/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/ 2/91
S FLOOR AMENDMENT(S) ADOPTED 5/ 2/91
S PASSED 5/ 2/91
H RECEIVED IN THE HOUSE - NOT REFERRED 5/ 6/91
H REFERRED TO HOUSE COMMITTEE ON ENVIRON 5/ 9/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED ENVIRON 5/21/91
H SET ON THE HOUSE CALENDAR 5/23/91
H FLOOR AMENDMENT(S) ADOPTED 5/23/91
H PASSED TO THIRD READING 5/23/91
H PASSED 5/25/91
SENATE CONCURRED IN HOUSE AMENDMENTS 5/26/91
SIGNED BY THE GOVERNOR 6/ 6/91
[Effective September 1 , 1991 Except Subchapter C, Chapter 371 , Health and
Safety Code Effective April 1, 1992]
SB 35
By Parker . Relating to the creation, powers and duties of the Department
of Natural Resources .
S FILED 3/ 8/91
S INTRODUCED AND REFERRED TO COMMITTEE ON S-NATURAL 3/11/91
S COMMITTEE HEARING SET FOR S-NATURAL 4/11/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED S-NATURAL
S PLACED ON THE SENATE INTENT CALENDAR FOR 4/25/91
S FLOOR AMENDMENT(S) ADOPTED 4/25/91
S PASSED 4/25/91
H RECEIVED IN THE HOUSE - NOT REFERRED 4/29/91
H REFERRED TO HOUSE COMMITTEE ON GOVMT ORG 5/ 2/91
H COMMITTEE HEARING SET FOR GOVMT ORG 5/14/91
BB 1604
By Saunders. SAME AS SB 685 . Relating to the regulation of air quality.
H FILED 3/ 5/91
H INTRODUCED AND REFERRED TO COMMITTEE ON ENVIRON 3/13/91
H COMMITTEE HEARING SET FOR ENVIRON 4/ 9/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE ENVIRON 4/11/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED ENVIRON 4/16/91
H SET ON THE LOCAL CALENDAR 4/18/91
H PASSED ON LOCAL CALENDAR 4/18/91
S RECEIVED IN THE SENATE - NOT REFERRED 4/22/91
S REFERRED TO SENATE COMMITTEE S-NATURAL 4/24/91
S COMMITTEE HEARING SET FOR S-NATURAL 5/ 9/91
POLICY #16
THL CIVIL SERVICE AGENDA
The Texas Municipal League's Labor Relations Task Force has identified 10
amendments to Chapter 143 , Local Government Code, that are aimed at changing
under civil service law the hearing examiner procedure, amending the
disciplinary process , addressing affirmative action, changing the repeal
process , and providing for alternative testing programs for fire departments.
The amendments were developed by the Task Force which is comprised of city
officials from throughout the state. The changes recommended, if passed,
would significantly improve a disciplinary process under Chapter 143 that is
inequitably favoring the employee.
HB 1337
By Wilson. Relating to the procedures for disciplinary actions , dispute
resolutions , and local option repeal under the municipal civil service
law.
H FILED 2/26/91
H INTRODUCED AND REFERRED TO COMMITTEE ON URBAN AFF 3/ 6/91
HB 1264
By Wilson. Relating to the procedure for local option repeal under the
municipal civil service law for fire fighters and police officers .
H FILED 2/25/91
H INTRODUCED AND REFERRED TO COMMITTEE ON URBAN AFF 3/ 5/91
HB 1263
By Wilson. Relating to the classification or appointment of fire fighters
or police officers of certain municipalities under an affirmative action
plan.
H FILED 2/25/91
H INTRODUCED AND REFERRED TO COMMITTEE ON URBAN AFF 3/ 5/91
HB 930
By Wilson . Relating to municipal civil service act to allow for
affirmative action appointments .
H FILED 2/12/91
H INTRODUCED AND REFERRED TO COMMITTEE ON URBAN AFF 2/21/91
H COMMITTEE HEARING SET FOR URBAN AFF 4/17/91
H SENT TO SUBCOMMITTEE URBAN AFF 4/17/91
H COMMITTEE HEARING SET FOR URBAN AFF 5/13/91
HB 1179
By Delisi . Relating to changes in the municipal civil service act and
promotions in fire departments .
H FILED 2/20/91
H INTRODUCED AND REFERRED TO COMMITTEE ON URBAN AFF 2/28/91
POLICY #17 (THREE BILLS PASSED)
CHANGES IN THE TEXAS PENAL CODE FOR SEXUAL ASSAULT AND DOMESTIC VIOLENCE
The Fort Worth Commission on the Status of Women will seek revisions in curreak
laws to address the problem of sexual assault and domestic violence. The Ci
will support the efforts of the Commission in seeking passage of legislation '
that will remove the spousal exemption for sexual assault; will eliminate a
defense from prosecution of rape when the victim is over age 14 and is deemed
"promiscuous"; to eliminate a defense from prosecution of rape when the victim
is less than 2 years younger than the assailant; to raise the penalty of
violation of a Protective Order to a third degree felony; to include the
"battered woman" defense as established by current case law into the Penal
Code; and to mandate court enforced treatment for the batterer in domestic,
violence cases.
HB 253
By Danburg. Relating to the spousal exemption from prosecution for sexual
assault .
H FILED 12/20/90
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 1/29/91
H COMMITTEE HEARING SET FOR CRIM JUR 2/19/91
H SENT TO SUBCOMMITTEE CRIM JUR 2/19/91
H COMMITTEE HEARING SET FOR CRIM JUR 3/18/91
H RETURNED TO COMMITTEE AS SUBSTITUTED CRIM JUR 3/19/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE CRIM JUR 3/19/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED CRIM JUR 3/27/91
H SET ON THE HOUSE CALENDAR 5/14/91
H PASSED TO THIRD READING 5/14/91
H PASSED 5/15/91
S RECEIVED IN THE SENATE - NOT REFERRED 5/15/91
S REFERRED TO SENATE COMMITTEE CRIM JUS 5/17/91
S COMMITTEE HEARING SET FOR CRIM JUS 5/21/91
S REPORTED FAVORABLY FROM COMMITTEE AS AMENDED CRIM JUS 5/21/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/23/91
S PASSED 5/23/91
HOUSE REFUSED TO CONCUR IN SENATE AMENDMENTS 5/25/91
SENATE APPOINTED CONFERENCE COMMITTEE 5/25/91
SENATE ADOPTED CONFERENCE REPORT 5/27/91
HOUSE ADOPTED CONFERENCE REPORT 5/27/91
SIGNED BY THE GOVERNOR 5/15/91
[Effective September 1 , 1991]
HB 391
By Cain. Relating to the punishment for certain family violence offenses.
H FILED 1/11/91
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 1/31/91
H COMMITTEE HEARING SET FOR CRIM JUR 2/25/91
H SENT TO SUBCOMMITTEE CRIM JUR 2/25/91
H RETURNED TO COMMITTEE AS SUBSTITUTED CRIM JUR 3/11/91
H COMMITTEE HEARING SET FOR CRIM JUR 3/12/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE CRIM JUR 3/12/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED CRIM JUR 3/21/91
H SET ON THE HOUSE CALENDAR 4/ 9/91
H FLOOR AMENDMENT{S} ADOPTED 4/ 9/91 .,
H PASSED TO THIRD READING 4/ 9/91
H PASSED 4/10/91 -
S RECEIVED IN THE SENATE - NOT REFERRED 4/11/91
POLICY #17 (CONTINUED)
HB 391 (Cont. )
S REFERRED TO SENATE COMMITTEE CRIM JUS 4/15/91
S COMMITTEE HEARING SET FOR CRIM JUS 5/16/91
S REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUS 5/16/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/17/91
S PASSED 5/17/91
SIGNED BY THE GOVERNOR 6/ 7/91
[Effective September 1 , 1991]
SB 275
By Johnson. Relating to the admissibility of evidence regarding family
violence and prior acts of violence committed by the victim against the
defendant in certain criminal prosecutions.
S FILED 1/31/91
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 2/ 4/91
S COMMITTEE HEARING SET FOR CRIM JUS 3/12/91
S VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE CRIM JUS 3/12/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED CRIM JUS 3/13/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 3/21/91
S PASSED 3/21/91
H RECEIVED IN THE HOUSE - NOT REFERRED 3/25/91
H REFERRED TO HOUSE COMMITTEE ON CRIM JUR 3/26/91
H COMMITTEE HEARING SET FOR CRIM JUR 4/ 9/91
H VOTED FAVORABLY FROM COMMITTEE ON CRIM JUR 4/ 9/91
0001 H REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUR 4/11/91
H PASSED TO THIRD READING 4/16/91
H PASSED 4/17/91
SIGNED BY THE GOVERNOR 4/29/91
[Effective September 1 , 1991]
Other bills filed that addressed this policy:
HB 611 FILED:
By Grusendorf . Relating to the availability of defense to prosecution of
indecency with a child, homicides, or certain assaultive offenses and to
the admissibility of evidence in a criminal case relating to promiscuity.
H FILED 1/28/91
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 2/11/91
H COMMITTEE HEARING SET FOR CRIM JUR 2/26/91
H SENT TO SUBCOMMITTEE CRIM JUR 2/26/91
H SUBCOMMITTEE HEARING SET FOR CRIM JUR 4/11/91
B RETURNED TO COMMITTEE AS SUBSTITUTED CRIM JUR 4/11/91
H VOTED FAVORABLY FROM COMMITTEE AS SUBSTITUTE CRIM JUR 4/16/91
H REPORTED FROM COMMITTEE AS SUBSTITUTED CRIM JUR 5/ 3/91
H SET ON THE HOUSE CALENDAR 5/17/91
H FLOOR AMENDMENT(S) ADOPTED 5/17/91
H PASSED TO THIRD READING 5/17/91
H PASSED 5/20/91
OP161 S RECEIVED IN THE SENATE REFERRED CRIM JUS 5/21/91
S COMMITTEE HEARING SET FOR CRIM JUS 5/24/91
POLICY #17 (CONTINUED)
AB 302
By Park. Relating to eliminating the promiscuity defense for a person who
sexually assaults a child,
H FILED lj ?/91
H INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUR 1/30/91
H COMMITTEE HEARING SET FOR CRIM JUR 2/19/91
H SENT TO SUBCOMMITTEE CRIM JUR 2/19/91
H COMMITTEE HEARING SET FOR CRIM JUR 3/18/91
H RETURNED TO COMMITTEE WITHOUT AMENDMENTS CRIM JUR 3/19/91
H VOTED FAVORABLY FROM COMMITTEE ON CRIM JUR 3/19/91
H REPORTED FAVORABLY FROM COMMITTEE ON CRIM JUR 3/22/91
H SET ON THE HOUSE CALENDAR 4/25/91
H FLOOR AMENDMENT(S) ADOPTED 4/25/91
H PASSED TO THIRD READING 4/25/91
H PASSED 4/29/91
S RECEIVED IN THE SENATE - NOT REFERRED 4/30/91
S REFERRED TO SENATE COMMITTEE CRIM JUS S/ 1/91
S COMMITTEE HEARING SET FOR CRIM JUS 5/16/91
S VOTED FAVORABLY FROM COMMITTEE AS AMENDED CRIM JUS 5/16/91
S REPORTED FROM COMMITTEE AS SUBSTITUTED CRIM JUS 5/17/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/25/91
S PASSED 5/25/91
HOUSE REFUSED TO CONCUR IN SENATE AMENDMENTS 5/26/91
SENATE APPOINTED CONFERENCE COMMITTEE 5/27/91
SB 464
By Moncrief . Relating to eliminating the promiscuity defense for a person,*N
who sexually assault a child.
S FILED 2/14/91 `
S INTRODUCED AND REFERRED TO COMMITTEE ON CRIM JUS 2/19/91
POLICY #18
ALCOHOLIC BEVERAGE CODE
The City of Fort Worth will support legislation that amends the Alcoholic
Beverage Code to: (a) Grant to cities the exclusive authority to zone
businesses which are required to have a license or permit under the Alcoholic
Beverage Code for the on-premises consumption of alcoholic beverages, (b) Allow
cities to adopt zoning regulations which define principal uses of businesses
in question, which require a specified ratio between the sale of food and sale
of alcoholic beverages, and which require periodic reports from the business.
HE 834
By Marchant . Relating to the authority of a municipality to adopt zoning
regulation applicable to certain businesses .
H FILED 2/ 6/91
H INTRODUCED AND REFERRED TO COMMITTEE ON LIQUOR 2/19/91
SB 36
By Tejeda. Relating to petitions for hearings for the cancellation or
suspension of alcoholic beverage licenses or permits .
S FILED 3/ 8/91
S INTRODUCED AND REFERRED TO COMMITTEE ON ECON 3/12/91
POLICY #19 (PASSED)
CHANGES TO FORT WORTH COURT OF RECORD STATUTE
The City of Fort Worth will propose legislation to amend Section 30 .144(c)
Government Code, eliminating from the qualifications of a municipal court
Judge the requirements that a judge must have two or more years of experience
in the practice of law in the county in which the court is located and must
be a resident of the city at the time of the appointment . in addition, the
City of Fort Worth will propose legislation to amend Section 30.153(a) of the
Government Code, to give the City a limited right of appeal to county court
in the same manner and circumstances as the State can appeal decisions of
county and district courts .
SB 1590
By Moncrief . Relating to the qualifications for judges of municipal
courts of record in Fort Worth.
S FILED 5/ 9/91
S INTRODUCED AND REFERRED TO COMMITTEE ON IGR 5/10/91
S COMMITTEE HEARING SET FOR IGR 5/16/91
S REPORTED FAVORABLY FROM COMMITTEE ON IGR 5/16/91
S PLACED ON THE SENATE INTENT CALENDAR FOR 5/20/91
S FLOOR AMENDMENT(S) ADOPTED 5/19/91
S PASSED 5/19/91
H RECEIVED IN THE HOUSE - REFERRED JUDICIARY 5/20/91
H COMMITTEE HEARING SET FOR JUDICIARY 5/21/91
H VOTED FAVORABLY FROM COMMITTEE ON JUDICIARY 5/21/91
H REPORTED FAVORABLY FROM COMMITTEE ON JUDICIARY 5/21/91
H SET ON THE LOCAL CALENDAR 5/24/91
H PASSED ON LOCAL CALENDAR 5/24/91 Ao�
FILED WITHOUT SIGNATURE 6/ 6/91
[Effective August 26, 19913
Other bills filed that addressed this policy:
HB 2874
By Willis . Relating to the qualifications for judges of municipal courts
of record in Fort Worth.
H FILED S/ 2/91
H INTRODUCED AND REFERRED TO COMMITTEE ON JUDICIARY S/ 7/91
H COMMITTEE HEARING SET FOR JUDICIARY 5/ 9/91
H VOTED FAVORABLY FROM COMMITTEE ON JUDICIARY 5/ 9/91
H REPORTED FAVORABLY FROM COMMITTEE ON JUDICIARY 5/14/91
H SET ON THE LOCAL CALENDAR 5/21/91
H POSTPONED ON SECOND READING 5/21/91
H SET ON THE HOUSE CALENDAR 5/24/91
H LAID ON THE TABLE - SUBJECT TO CALL 5/24/91
No bill was filed on limited right to appeal .
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A MAJOR TML VICTORY: S U,Ilia one yen but before three years from the date of
ANNEXATION AUTHORITY FOR GENERAL annexation, a m*rity of the landowners at registered
voters in the annexed area vote by petition submitted to
LAW CITIES the city hoc disuunexulon,the citywilt immediatelydimnex
the territory and may,under such ci u nstsnces,discontirnue
The Texas Legislature has passed—but the Governor has not yet water and sewer service to the area.
. signed—kgisluian which will authorize general law cities to U the Governor signs H.B.985,general taw cilia can,after the
wnnuaatty annex adjacent territory under certain ciranmstana s. effective due of the act,begin annexation proceedings if the
This legislation has been aTML priority for decades,but previous conditions described above are met. The League strongly
efforts have always fallen short for a variety of reasons. During suggests that no city begin annexations without arranging
this session,the League obtained passage of this historic legislation for competent legal advim*Effective 8/26/91
trot once,but twice.
The long and tortuous path to passage began when H.B.985 and OTHER TML BILLS PASSED
S.B. 764 — companion bills — were introduced early in the
session. H.H.985 was sponsored by Representative Mark Stiles;
Senator Eddie Ludo sponsored S.B.764. B.H. 331-Aviation Fuel: clearly reestablishes the authority
to store aviation fuel in aboveground storage tanks. (Mote:
Early in the session,testimony was taken on H.B.985,and the legislation passed in 1989 seemed to have restricted such storage
bill seemed to be bottled up in a House Committee. The League of aviation fuel.) The bill also restricts the locations of now
then turned its attention to the Senate version(S.B.764)and, aboveground storage and allows for municipal regulation of the
after a flurry of intense activity,the bill passed the Senate in mid- location of aboveground storage tanks under certain conditions.
April. The House then passed S.B.764,and it was sent to the *Effective 6/16/91
Governor.Unfortunately,the House had added a narrow,single B.H.651•Hotel Occupancy Tim provides that when a hotel
purpose amendment which was unacceptable to a number of or motel Is sold,the purchaser must withhold from the purchase
hwmakers, and in early May the bill was recalled from the price the amount necessary to pay any delinquent municipal
Governor's desk. hotel occupancy tax: *Effective 8/26/91
With the future of S.B.764 in doubt,the League again turned its B.E. 914 - Competitive Bidding: raises to $15,000 the
attention to H.B. 985. Within days, H.B. 985 had passed the 'threshold'amount of expenditure for which the dry must seek
House and was sent to the Senate,where it passed on May 26, competitive bids. The bill also provides that the city must give
one day before the legislature adjourned. notice of the time and place at which competitive bids will be
opened and read aloud,rather than the time and place at which
As finally passed and sent to the Governor,H.B.985 provides the contract will be let,as under current law. Finally,the bill
that: allows a dry council to override any dry charter provisions
which may conflict with the provisions of the state competitive
1, a general law city may unilaterally annex adjacent purchasing h*'• *VETOED
territory if
H.E.1839-Authorities of General Law Cities:grants toTYle
L the city has a population of more than 1,000 B general law cities the same authorities,duties and privileges
but less than 5,000; of Type A general law cities,except in uses where there is a
b. the annexation procedures laid out in Chapter specific statute relating specifically to Type B cities.The bill also
43 of the Local Government Code are followed; expands the enforcement authority of general law cities.
*Effective 6/16/91
c the city is providing the area to be annexed S.B. 312 -Validation: validates virtually p all municipal acts
with water and sewer service;
d. the area to be annexed does not include taken since the last validation act was passed in 1989,except acts
unoccupied territory in excess of one sae for which are involved in litigation,which have been held invalid in
each service address for water and sewer a final court Judgment,or which violate certain sections of the
service;and Alcoholic Beverage Cade. *Effective 8/26/91
e, the city win provide the area to be-annexed
with police and fire protection within ten HJ.R. 114•Charter Amendments: proposes to amend the
Texas Constitution to allow home rule cities, in which the
population has fallen below 5,01)0,to amend their charters. For
I a city may not violate an existing agreement this bill to be effective,Texas voters will have to approve a
trot to annex proposition which will be included on the November 5, 1991
general ekaion ballot.
1 AS` -MINM ETHICS BILL CONTAINS
BAD NEWS FOR CITIES
Your Argon Needed Now
With approximately 15 minutes kh in the regular legislative session,a special House-Senate otnmmlttee
on ethics reform completed its worm and rushed to the House and Senate embers to urge passage of the
agreed-to gthks bill S.B.I.
No copies of the bill were svillable at the time;members of both the House and Senate were urged to pass
the bill without ever win&It That Is exactly who happened. It was only after several days had passed
that copies of the bill became available. Only then did lawmakers see what they had voted for.
The final bill contains unpleasant surprises for virtually every Interest group in Texas—kduding does.
Among the harmful city-mlaud features are the following:
1. Section 305.0051 of the bill provides that the newly formed ethics commission may by rule
require a)oral toverment official or employ"who communkates with any member of the
legislature(on anything other than'routine matters)to report to the commission on td►e
subject matter of the communication.
2. Article 6 of the bill provides that a municipal employee or officer may be reimbursed with
public funds for travel expenses only to the extent that those expenses are determined to
be rasonable and necessary under guidelines issued by the ethics eommUslon. In
other words,a slue agency would mandate municipal travel reimbursement polklesl
These sections of the bill are extremely onerous. fortunately,the entire.Issue of ethics wM most likely
be reconsidered in special session(s)later this year.
You are urged to write to GovermorAnn Richards and to members ofthe legislature asking them
to remove the two pmvisions described above.
OTHER CITY RELATED BILLS PASSED 15 days notice of substantial error hearings and are entitled to
present evidence and argument.
Taxation and Finance S.E.M-Omnibus Tax Administntion E111: amends nde
1 of the Tai Code to matte a number of changes In the property
Property Tax Administration tax
N.B.301 -Appraisal Review board Hearing Procedures: Appraisal Operations Changes
adds Section 41.461 to the Tax Code to require that the chief 1. Article l amends Section 22.27 of the Tax Code
appraiser send a copy of the appraisal review board hearing to provide that income and expense information
procedures and a copy of the Taxpayer(tights and Remedies related to a property is confidential ifprovided to
booklet to the owner(or,if the owner It represented by an agent, the appraisal district.
to the agent)upon request 14 days before a bearing on a protest
The chief appraiser within this time frame must dtso inform the 2 Article I also amends Section 25.33 of the Tax
property owner that the owner or the owner's agent may inspect Code to provide that supplemental appraisal
and obtain copies of data used to establish the value of the records are subject to appeal ifs property owner
property. The appraisal district may charge for copies of any files a notice of appeal within 30 days of the
documents provided,but the total charges may not exceed$15 notice of appraised vahie-
for an appeal of the valuation ors residence or$25 for an appeal
regarding a nonresidential property.The appraisal review board 3. Article 2 amends Section 25.19 of the Tax Code
is required to postpone a hearing on a one-time basis if the to allow the property owner or the owners agent
property owner demonstrates that the district failed to meet the upon request to require the appraisal district to
above requirements. Information that was requested but not send a notice of appraised value to the owner or
provided by the appraisal district 14 days before the hearing may agent.
not be tWed at the besting. *Effective 1/1/92
4. Article 3 amends Section 41.45 of the Tax Code
83.507.omitted Property and Correction of Appraisal to provide that a property owner who has been
Ro1L• amends Section 25.21 (a)of the Tax Code to change the denied a hearing by the appraisal review board
time period from 10 years to five years during which a chief may bring suit in District Court to compel the
appraiser may add real property which had escaped taxation to board to provide a bearing. If the property
the appraisal roll. The bill also changes the time period from owner is entitled to a hearing, the court shall
three years to five years during which a property owner or chief order the hearing and may mud court costs and
appraiser may seek a correction of the appraisal roll to address attorneys fees.
dericat errors,muWple appraisals,and the inclusion of nonexistent
property. *Effective 1/1/92 S. Article 3 also amends Section 41.66 of the raw
Code to provide that a property owner may
$3.514-Changes in Property Tax Appraisal ROM amends request a copy of the hearing procedures and that
Section 1.01 of the Tax Code to define the term"clerical error the copy must be delivered at last 10 days before
under the Tax Code,by providing that a clerical error does not the bearing on the protest (See also 113.201,
include a mistake in judgment or reasoning.Also amends Section above,which requires at least 14 days notice).
25.25 of the Tax Code to define the tam"Substantial esrW and The appraisal review board must also post a copy
provides a mandatory review of substantial error motions before of the hearing procedures in a prominent place
the appraisal review board on request of the property owner or in the hearing roots.
chief appraiser. A substantial error motion may be made only
If the alleged error results in a property value that exceeds the 6. Article 3 amends Section 41.66 of the Tax Code
correct value by more than one-third. The bill discourages an to clarify that each party in a appraisal review
unwarranted use of substantial error motions by providing that board hearing is entitled to offer evidence and
the property owner must pay to each affected taxing unit a late- cross-examine witnesses and that members of the
correction penalty of 10 percent of the corrected appraised value board may not communicate with anyone
If the appraisal roll is changed pursuant to a substantial error concerning the evidence outside of the hearing
motion. A property owner may not make a substantial error setting. An appraisal district board must adopt a
motion if the property was the subject of a protest before the policy concerning the procedure for temporarily
appraisal review board or if the property value was established replacing a board member who has violated this
as a result of a written agreement between the property owner communication ban.
or agent and the appraisal district Taxing units must be given *Effective 8/26/91 Except Art 1,3,4,6
*Effective 6/10/91 Effective 9/1/91, Art 2,7, 9/1/92,
Article B Effective 1/1/92 on passage
of SJR 39.
7. Ankle 4 amends Section 42.29 of the Tax Mode exemption does not apply to a taxing merit dot
so ifa east the amount of attorneys'fees that can has not exempted '6'eepon' property trades
be awarded. The amount is increased kom Ankle VIII, Section 144 Subsection (E) of the
'115,040 or 20 percent of the total amount of the Texas Constitution.This section will be effective
Ines in dispute'to'$15,000 or 20 percent of the january 1, 1992 if the proposed Consdusdoo 1
total amount by which the property owner's In amendment which authorizes this aemptlon is
liability is reduced as a result of the appeal'The approved by the vows at the November 5,1991
bill provides,however,that the mud ofattorneW general ekdkL
tees may not in any case exceed the total amount
by which the property owner's tax liability is Tax Assessor Operado W Changes
reduced as a result of the appeal Applies only to
hwsWu filed on or after the effective date of this 1. Ankle 5 amends Section 32.03 of the Tu Code
Provision. to replace the term"bona fide purchaser'with Is
buyer in ordinary course of business as deft ell
t Article 6 amends Section 11.42 (a) and adds lySecdon1,201(9)ofthe Business aandCommerce
Sections 11.422 and 11.434,Tax Code,to allow Code' The change affords local governments
schools that failed to include cenain provisions increased protection of their tax liens.
In organizational papers regarding the use and
distribution of their assets,a six-year period to t Ankle 5 also amends Section 33.01 of the Tax
quality for an exemption 6om ad valorem taxation. Code to dx*that interest paid on delit quM
The extended time period does not apply if the taxes compensates a taxing unit for revenue lost
taxes were already paid. An appticatioci under because of the delinquency.The change fadlitates
this provision may not be filed after December the recoyery of intrrat charges by cuing milts
31,1991. from certain federal agendes.
9. Article 6 also amends Section 11.43 and adds 3. Ankle 5 also amends Section 33.05 of the Tar
Section 11.435, Tax Code, to allow certain Code to allow tax assessor to canal and remove
charitable organizations that provide cue to from the records a tax on real property that has
orphans,battered spouses and others in need of been delinquent for more than 20 years or a tax
temporary"ter,a two-year period to qualify on personal property that has been delinquent
for an exemption from ad valorem taxation.The for more than 10 years if there is no pending
two-yew time period does not apply II the taxes Utigation concerning the delinquent taxes. This
were already paid. An application wnderr this pnrvision allows the usessment rewr&to refloat
provision may not be filed after December 31, only those taxes that can slit!legally be pursued.
1991.
4. Article 5 also amends Section 31.075 of the Tax
10. Article 7 amends Section 6.42 of the Tarr Code to Code to require that a tax receipt Issued by a tax
provide that the appraisal review board and the collector show the taxable valve of the property
appraisal district may not Wowed in the same and the tax rate for ad of the tax years of
building without specilk approval of each taxing interest. This section also provides that a tax
writ.This prolubition only applies to an appraisal receipt may serve as gfta facie evidence of
• district serving an area with over 1,000,000 in payment in a delinquent to cult.
population with the most populous city having a 3. Amick 9 amends Section 31.01 of the Tax Code
population of less than 450,000. to require a mortgagee to mail a copy of it tax bM
to the owner ofthe property within 30 days of the
11. Article 8 adds Section 11.30 to the Tax Code to mortgagee's receipt of the bill.
provide that arruain property bom as'eowprise
soft goods' to an enterprise cone are exempt Other Changes
from ad valorem taxation by a city,county,and
junior college district 'Enterprise zone goods' 1. Ankle 5 amends Section 33.011 of the Tax Code
are inventory or other persofal property that to provide that a governing body ofa taxing unit
meet the traditional qualifications for'freepo rt must waive penalties on a delinquent tax Yan act
property'within the enterprise sone.The extent or omission of an officer.employee,or agent of
of the property subject to the exemption Is the taxing unit or the appraisal district resulted �
deteragned according to the formula in this bill In the taxpayer's failure to pay the tax before the
cc by alternative methodologies it the formula delinquency date. Tier request for the waiver is
does not result in the mariet value. This valid only.if the tax B paid within 21 days after
the taxpayer knows or should have known of the supply ofanimats for human use as food,medicine,of nacremipa„
delinquency. Toe waiver request must be made Toe big also allows appraisal districts to use any casgorr fix
within six months of the deUrApency date, administrative purposes to dassify agricultu si had types.
2. Article 9 adds Sedan 312.002 to the Tax Code to R-19-1959-Freeport Rxemptlan: Amends Section 11.251 of
provide that a tax abatement agreement entered the Tax Code to bring the freeport exemption enabling legislation
Into by a school district prior to September 1, to line with the wording In the Texas Cop wtution Replaces the
1991, applies to taxes oDiketed by both the definition in Section 11.251 as to what constitutes Freeport
school district and the county education dLwkL property with 'f reeport goods,' which means property that
wider Article VIII,Section 11 of the Texas Constitution is not
&3.7113-Binding Arbitration of Appraisal Review Eoard taxable. *Effective 6/13/91
Orderas adds Section 42.225 to the Tax Code to allow a property
owner who appeals an appraisal review board order to have the B.E. 670 -Public TelevIslon Exemptlona amends SKdon
appeal resolved through binding arbitration. The arbitration is 11.18 of the Tax Code to provide an exemption for charitable
conducted by an impartial third party who is appointed by the organizations which operate certain television :tgiont. 'fie
court and is empowered to order any remedy that a court could station must produce or broadcast e6cationat,cultures,or other
provide under the Tax Code. The arbitration award is binding public Interest programming and revive grants from the
if either the property owner stipulates in the motion for Corporation for Public&oadcastingunder 47 U.S.0 Section 396.
arbitration that the sward is to be binding or B(before the Toe exemption applies to the buildings and tangible personal
arbitration award)both parties agree to be bound. property owned and used exclusively by the duritabk
*Effective 826/91 organization. *Effective 1/1/92
51.984 -Transit of Responsibility for Property Value
;Study to State Comptroller amends the Education Code and S,j.R.15•Nonprofi Water Servke Corpomdon Esemptlow
Title 1 of the Tax Code to transfer to the State Comptroller the will allow the legislature to exempt from ad valorem taxation
responsibility for carrying out an annual study of local school property owned by nonprofit water or waster sw service
district property values and for auditing the practices of local corporations. This exemption will become effective only R
appraisal districts.The State Property Tax Board previously was approved by the voters in the November 5, 1991 general
responsible for these moons. The bill also allows the election
Comptroller to appoint a special master to oversee operations of
appraisal districts that for two consecutive annual studies do mat
comply with accepted appraisal standards and practices,.and Property Tax Assessment
gives property owners with over$100,000 In tax liability the P rt}'
tight to appeal the Comptroller's finding of appraised value for
the property if it is Included in the property value study. S.E. 1041 -Correction of the Tax Rots for lisihematkal
ik
*Effective 8/26/91 roK:amends Section 26.15 of the Tax Code to require a tasirhg
snit to correct an error in the mathematical Computation it the
to roll on a motion of the property owner or the tax assessor.
Prop"Tax Exemptions *Effective 8/26/91
R.E. 30 - Veterans' organintions Exemptlow amends Sales 'Rata Administration
Section 11.23 of the Tax Code to exempt from property taxation
the property of a nonprofit organization composed primarily of
members or veterans of the armed forces even if the property is S.E.876.One-Half-Cent Saks Tax To Reduce Property Ter;
subject to occasional renting for other nonprofit activities,if the this legislation applies only to certain dticx to aced to it county
rental proceeds are used solely for the maintenance and which has a principal city with a population above 800,000.
improvement of the property.Applies to taxes imposed January Amends Section 321.101 of the Tax Code to allow such a city(if
1, 1991,and thereafter. * Effective 8/26/91 the city has a population above 67,000 and,on January 1.1991,
was not included within a regional transportation amhorhy)to
B.E. 1298 - Wildlife ltsrnagement Property Valu don. adopt an additional sales sand use tsar to reduce property taxes
amends Section 23.51 of the Tax Code to provide a special by a majority vote of the dty's voters.The bill also abolishes the
valuation similar to the agricultural use appraisal for land that additional sales and use tax to reduce property taxes if the voters
irs used for awildlife management.' Vildlife management land in a city affected by this legislation choose to participate in a
must havtbeerh appraised as qualified' pacetarWunder reglonaltraruporiatiCnautbority. *Effective 5/26/42
the Tax Code on January 1,1992 or have been eligible to have
been so appraised. It also must meet at least two of a list of
dnaractesistics that would allow the hid to produce s harvest"
*Effective 1/1/92
Bond/Finance Bills the pmVvn,which now includes the purchase of keW from a
vendor under any contract; (2)be responsible for submitting
requisitions to the commission;and(3)be responsible for the
8.2.989-Repayment of municipal Bonds: amends Article vendor's compliance with all conditions of deilvery and quality.
835s of Vernon's Revised Texas Civic Statutes to allow any city
with a population above 80,004 to repair bonds that at issued
to acquire land and facilities for lease to public or private entities
by pledging ail or any part of other municipal revenue,unless it Utilities and Environment
Is prohibited from being used for this purpose.-
*Effective 6/16/91 H.R. 69 - Solid Waste Pknning Grants: repeals the
S.B.211-Financing Personal Property: amends the Public requirement that cities,counties,and councils of governments
Property Finance Act(Section 271.005 of the Local Government provide tool matching funds for solid waste pudding grants
Code)to specitkaily allow local governments to make payments mcelved from the Texas tkpartment of Health.
toward the financing cost of a conttad for the purchase of *Effective 9/1/91
personal property.It also expands the definition oftontracts for 1113.529•Water Rights: allows the Texas Water CommisAm
which payment can be made under the Public Property Finance to cancel all or part of a water right to the extent that water has
Act to include bonds,notes,certificate of obligations and other not been beneficially used in the preceding ten years. Tie
financial Instruments authorized under Art 717k4 of Texas Civil Commissian must hold a cancellation bearin& however,and
Statutes that are approved by the attorney generd consider the future intended use of the water.
*Effective 512/91 * Effective 9/1/91
S.B.136O•Use o Bond Proceeds: amends Section 7 of the H.E.847-Scrap Tire Recycling: imposes a two-dollar in on
Bond Procedures Act(Article 717k•6)to provide that the casts the sale of each new tire sold In the state and establishes,with
attributable to a project which are paid before the issuance of a the resulting revenue, a waste eke recycling fiend within the
bond may be paid from the proceeds of the sale of bonds issued Texas Department of Health(TDH). The TDH will use the fiord
to finance the acquisition or constsvctiorn of a facility. to make payments to`waste the processors'who viQ In sum,
*Effective 8/26/91 shred or quarter strap tires for recycling. The fire in Is
estimated to generate more than$17 million annually.
Investment of Public Funds *Effective 9/1/91
H.R.2876-Municipal Utility Otstriets: expands the pores
B.E.2795-investment of Public Funds In Mutual Funds: of municipal utility districts by allowing them to establish solid
amends the public fundslnvestmentAct(Article 842ar2)to alkow waste collection and disposal systems,including reryding systm
load governments to invest up to 80 percent of their monthly A MUD may require the use of the garbage service w a condition
avenge fund balance, excluding bond proceeds, In money for receiving other MUI)services and may coniraia with a pr!rate
market mutual funds *Effective entity to provide garbage service to all residents. Amends
8/26/91 Chapter 54 of the Water Code to allow a MUD to operate street
lighting In limited situations,and allows a MUD to enforce deed
muictions to sustain taxable property values In the district.
Purchasing *Effective 8/26/91
S.R. 587 - Water-Saving Performance Standards for
Plumbing Fixtures: amends the Health and Safety Code by
N.B. 2368 - Competitive Bidding of Secttriry Servdc>ts: adding Chapter 421 to prohibit a person from seeing.offering
amends Section 252.022(a)of the Local Government Cade to for oak,distributing,or importing into Texas a plumbing fixtttrti
exempt from competitive bidding requirements the procurement which does not meet the eater saving performance standards
of security devices,services,or personnel for a municipal police and labeling requirements Imposed by this Chapter. Tie .
agenc7,airport,or utility. In fleas of the bidding procedure for plumbing fixture must also be maintained on a list of plumbing
these services,the city mutt compile a list of qualified vendors fixtures certified to the Texas Board of Health by the manufacturer
and solicit proposals. Immediately following the procurement, or Importer to meet the standards established by Chapter 421.
the amount of the bids and the amount to be paid by the city must Clotheswashing machines,dishwashing machines, and lawn
. be available for public Inspection. *VETOED sprinklers must also meet certain labeling requirements before
.03-1369-Purchasing: mends Section 271.083 of the Local being Sold,offered for salt,distributed,or Imported into this
Government Code to eliminate the requirement that a city must state. Persons who violate this new taw art subject to
Submit an annual resolution to participate In the purchasing administrative and civil penalties. Civil actions to enforce this
program established by the State Purchasing and General chapter or a rule adopted sunder this chapter may be brought by ..r,
Services Commission.Acity may participate on a voluntary basis the Department of Health, a county,or a municipality. Civil
penalties recovered In suits brought by a county or city are
by submitting a resolution which states that the city win: (1) divided equally btnveen the state and flu county or city that first
designate an official to act for the city in all matters relating to brought the wit.
*Effective 8/26/91 *Effective 9/1/91 Except Sec. 421.002(a)
Health + Safety Code 1/1/92, Sec. 421.003
Subsec. 2,b, H+s code 3/1/93
EIS-Twat Clean Rlvers Aft provides that any tfves dtlegate to An adminbtrattve law Judge or bearing esaunlrer the
authority that includes ten or more counties (and other river authority to mare a final decision and to issue An&$$of fact,
authodUes If designated by the Texas Water Commission)shall conclusions oflaw,and other orders If there Is no contested Issue
conduct comprehensive regional water quality assessments in of fact or law. Thu Commission shall define the procedures by
their respective watersheds. The bill also provides that: rule,and the decision of the administrative law judge or bearing
examines Is final unless a commissioner requests formal review.
I. the Texas hate Commission (IVC) shall This procedure will not apply to major rate changes.
conduct such assessments when a river
authority Is unable to; S3.1340.RecyelinS: an omnibus,comprehensive recycling
2, each river authors shall o bill which provides that:
authority organize and lead
a basin-wide steering committee; I. it is the state's goal to recycle at least 40
percent of the state's municipal wild waste
3. the purpose of the assessments is cot to stream by january 1,1994;
mandate any actions,but simply to identify
important issues; t the state shall undertake a recycling market
4, river authorities shah submit their assessments develapment may►
to the 7V C,which shall complic them and 3. cities—as well as other governmental agencies
report to the legislature and political subdivisions—shalt est6ilsh
programs for the recycling of materials*
5. each city shall cooperate in conducting the generated by the drys operations, accept
assessments, but nothing In the act that cities of less than 5,000 population can
incrtasc:s or limits the authority or be exempted from this provision;
obligations of cities with regard to their
own water pollution control and 4. cities (acrd others) shall give purchasing
abatement programs;and preference to recycled products where
possible,except that cities of less thin 5,000
6. the TWC $ball apportion the cost of an population can be exempted from this
assessment to each water use and discharge provision;
permit holder in the watershed, but the
Payments cannot exceed the river authority's 5. no person may dispose of a lead-add battery
actual costs and no city shall be assessed it In mixed municipal solid waste;
cost for any effort which duplicates the city's
current water quality activities. 6. it twodollar tax will be imposed on the sale
of each new tire sold In the state and a waste
'Ile bill also establishes a plumbing improvement loan fund for fire recycling fund shall be created with the
colardas, *Effective 6/7/91 resulting revenue (in other words, the
provisions of H.B.847,described above,are
S.E. $56-Rubberized Asphalt: amends Article 66741.1 to embodied in&B. 1340}
provide that if a city uses rubberized asphalt paving,the city shall
we scrap tires converted to rubberized asphalt paving If that 7. the Texas Department of Health(i'DH)shall
paving material is available. In addition, a city may give develop recommendations regarding yard
preference to bids for paving materials vhkh use rubberized waste and composting and shall present
asphalt paving made from scrap tires if the cost of those those recommendations to the legislature in
mate s' does not exceed the cost of other bids by more than 15 1993;
PC t, *Effective 9/1/91
& the TDH strati develop a local government
S3. 1092-Utility Regulation: amends Section 43 of Article grant program designed to encourage the
1446c(Public Utility Regulatory Ace)to provide that a regulatory collection, reuse, and recycling of 'do-It-
authority may valve pub0catian of notice requirements in yourself`used motor oil;
proceedings that involve a rate reduction for all ratepayers,but
the applicant shall give notice of the proposed change by mail to 9. the disposal of used motor oil In a mariner
all of fecsed utility astomers. Effective 6/16/91 which endangers the public health or the
environment is prohibited;and
S.E.1097-LhillryRegnladon: amends Article 1446c(Public *Effective 9/1/91 Except Subchapter C,
Utility Regulatory Act)to allow the Public Utility Commission to Chapter 371, Health + Safety Code
*Effective 6/15/91 4/1/92
10.a fee,not to exceed five tents per quart,shall 8.19. 1496-Wnal Dumping: attends Section 365.016 of the
be Imposed on motor oil,and the resulting Health and Safety Code toenhance the offense of Welixl dumping
revenue shall be dedicated to a 'used o8 from a motor vehicle to a Mass A misdemeanor,Utbe defendant
recycling fund.• has been previously convicted of the tame oQaaaa.
*Effective 9/1/91
The bill also contains many additional,less significant features. SJB.81-Gxforc mentofReW Pnperty ReWkdo=amends
Chapter 234 of the Local Government Code to authorize cities
13. 1409-Drainage Utilities: amends Chapter 402 of the without zoning ordinances to enforce real property restrictions
Local Government Code which authorizes cities to establish contained It a properly recorded plan,plat,or other Instrument.
drainage utility systems. Toe bill allows a city to establish the Authorized cities may require compliance with the property
system within the service area to which the city provides water, restrictions by ordinance,and may enforce the restrictions by
wastewater or electric utility service,and authorizes it city to bringing a civil action and recovering a penalty in the same
assess drainage utility charges on persons or entities that own or manner as provided In Ubchapter B,Chapter 54 of the Local
ocapy a property that is benefitted by the establishment of a Government Code(relating to the enforcement of health and
system. A city may discontinue utility service to a location ff safety ordinances in a home-rule munlcipalftyj
charges are not paid. The bill provides that certain properties *Effective 9/1/91
shall be exempt from rules or ordinances adopted by a city 53.87-Junked Motor Vehicles: amends Article 4477.9a to
Implementing a drainage utility system. The bill also validates allow for alternative methods of giving notice to the last known
all prior municipal acts regarding the creation and operation of registered owner of the)tucked motor vehicle,is lieu of certified
drahuge utilities. *Effective 6/16/91 mall,if the post office address is unknown. The notice merry,in
such situatfons,be accomplished by:(1)placing the notice on the
motor vehicle; or (2) by hand delivery to the last known
registered owner if such owner is physically loaue& 'nee war
law also provides that it the public hearltg concerning the
Community and Economic Development removal of the vehicle as a nuisance,it Is presumed that the
vehicle is inoperable ern m demonstrated otherwise by the
B.B. 750 - Receivership of Substandard Residential owner of theveb3de. *Effective 9/1/91
tsaperty: amends Section 214.003 of the Local Government
Code to allow a court to transfer tide of substandard residential S3. 213 - Norse Regulation of Sport Shooting Rm Sm
property to the receiver: (1)if the receiver has controlled the amends the Local Government Code by adding Chapter 250 so
property for over two years and no owner has been located after prevent a city or county from imposing a penalty against a esport
a diligent search; or (2) if the receiver has controlled the shooting range`based on the violation of an ordinance,order or
property for over three years,and an owner has been located nde regulating noise If the range is in compliance with all
and served with notices but has failed to assume control or applicable city and county ordinances,orders,and nice. This
reimburse the costs incurred by the receiver in managing the legislation would also prevent an individual atom bringing a
property.The record owners and any lienholders of the property nuisance action against a sport shooting range based on excessive
must be served with notice of the transfer proceedings. noise, if the range was in compliance with an applicable
*Effective 4/29/91 municipal and county ordinances,orders,and nales regulatfttg
83.779-Zoning: amends the Alcoholic Beverage Code to noise.This new law also amends Section 42.01 ofthe Penal Code
provide a variety of changes. One provision of the bill amends to provide that a person does not commit the offense of
section 109.57(c) to validate zoning ordinances which were disorderly conduct lithe person made an unreasonabie noise at
adopted prior to Junt 11,1987,and to allow for amendments to asport shooting range ordixitarged afirearm at a sport shooting
such zoning ordinances afterjune 11.1987,if such amendments range. *Ef f ect ive. 8/26/91
ease the restrktions or do not impose additional restrictions on
an alcoholic beverage licensee or permium *VETOED $3. 276 - Municipal Sanhation Regulations: amends
Section 342.046(b) of the Health and Safety Code to allow
8.E.1258-Pawnshops:amends Ankle 5069-31.01 to provide alternative methods of notifying a property owner of a violatbtt
that- (1)pawnshops may not conduct business before 7 a.m.or of a municipal sanitation regulation. if a property owner cannot
after 9 p.m.; (2) a seller must present acceptable photo be personally served with notice or the property owner's addr+esx
identification to the pawnshop; (3) the Consumer Credit is not known,the law currently allows for notice by publication
Commissioner shall designate a reasonable holding period for twice within 10 consecutive days.As an alternative to publication,
pawned goods;and(4)the city shall designate pawnshops as a the new haw would allow the violador notice to be posted on or
permitted use in one or more zoning classifications,and may not tear the front door of each building on the property vAM The
Impose a specific use permit requirement on it pawnshop violation exim tf there are no buildings on the property,the
licensed by the Consumer Credit Commissioner. notice may be posted on a placard attached to a stake driven into
*Effective 9/1/91 th,f �on the '_'T where where the violation exists.
E fective 675!91
S3.277-Enforcement of Municipal Ordinmen: amends in land may be conveyed for the lesser of its fair market wire
Chapter 54 of the Local Government Code by authorizing a city or the amount of the dty's investment in the propertr
to require the record owner of property to submit an affidavit to
the city stating that the record owner no longer owns the S3.787-Ssks Tax for Economic D e lopment: provides
property if such an assertion is made by the owner.The affidavit that the loWoom voter approved dwonal sate to for
must state: (1) that the record owner no longer owns the economic development purposes can be one-eighth,onedourth,
property,and(2)the name and last known address of the person thr t eighths,or one half of one percent. The law stiII J es
who acquired the property from the record owner. The record that the combined local sales tax rate cannot exceed two t.
owner must deliver the affidavit to the city not more than 20 days The bill goes on to provide that the industrial development
after receiving the notice. U the city receives an affidavit from corporation funded through this sales tax may use funds to
the record owner,the dry must send proper notice to the person undertake certain water supply and sewer projects. Finally,the
named In the affidavit as being the owner of the property. Such bill provides that four of the seven directors of the corporation
subsequent notice must require the person to execute an must*Effective members o 6 r municipal governing body.
affidsvit that the person is not the owner of the property Usudn
a claim is made. If the city does not receive an affidavit In S3.925-Histo,ricat Structures: amends Chapter 315 of the
response to the notification,the record owner or the person Local Government Code by adding Section 913.006. This new
subsequently notified Is presumed to be the owner of the section stipulates that a person H liable to a municipality,
roferty for Purses o which the notice relate;t. provided the city has adopted demolition and building permit
Live 8 procedures, if the person demolishes or otherwise adversely
S.E.27.8-Substandard Buildings:smendsChapter 214 of the affects the structural,physical,or visual integrity of a historic
Local Government Code by authorizing a city to secure a building structure or property without first obtaining a permit from the
that violates minimum standards foruse and occupancy adopted city. Depending on the extent of the damage to the historic
by the city and that is unoccupied or is occupied by persons with structure,the liable person may be required by the city to newly
no right of possession of the building. The city must notify the cunstrwt or restore the historic structure or provide monetary
owner of the building within 10 days after the action to secure damages for such construction or restoration.The provisions of
the building. The dry must hold a heating on the securing of the this section apply only to s historic structure or property for
building if the owner files a written request within 30 days after which a city has filed In the real property records of the county
the due the city secured the building. The hearing must be held derk's office certain information related to the location and
within 20 days after the date the request is filed The city may ownership of the historic structure. with respect to historic
assess expenses incurred to secure the building,and may impose structures or property not located In a municipality that has
a lien on the property to cover the expenses incurred, adopted demolition or building permit procedures,the person
*Effective W1/91 responsible for the damage Is liable to the Texas Historical
S.E.$33-Fair Housing Ordinances: amends Section 2.08 of Commission for making the required reparations.
Artkk If(Texas Fair HousingAct)to authorize a city to adopt fair *Effective 911191
housing ordinances that provide for housing rights,compliance
duties,and remedies that are substantively equivalent to those
grunted under federal law. Local enforcement procedures may
vary from the state or federal fair housing law. Fair housing Personnel
ordinances that were in effect on)anuary 1,1991,and that are
more restrictive than applicable federal lave remain in effect B.S. 166-Municipsl JudSes: amends Article 6701d•23 to
*Effective 8/26/91 provide that a city may not establish a system to evaluate,
83.5"-Housing sAd Community Development combines probe,compensate,or discipline a municipal judge according
the Taus Department of Community Affairs and the Texas to the amount of revenue collected by the judge for traffic
Housing Agency into a newly anted Texas Department of offenses,and that a city may not require a municipal court judge
Housing and Community Affairs,.Unlike earlier versions,the bill to cDDm a predetermined amount of revenue from convictions
as passed does not remove the Texas community development for traffic offenses within a specified period.The bill spedficalty
Mock grant program from the Texas Department of Commom provides that a city is not prohibited from considering the source
The bill also requires the newly formed agency to increase the and amount of revenue collected from a municipal court when
participation of low and very low income persons in Its programs evaluating the overall performance of a municipal judge,and a
and to emphasize the provision of affordable housing, city is not prolu'bited from obtaining budgetary information
*Effective 9/1/91 from municipal judges,including estimates on the amount of
# S.E. 663 - Housing: amends Chapter 272 of the 1001 revenue the judge anddpateswill be generated inabudgetytar.
O Government Code to allover a city to acquire land and interests *Effective 9/1/91
inl and(excelOymndemnation)and sellexchange,aotherwiSe H.E. 338-Texas Munidpal Retirement System (TORS):
convey the land of interests to an entity for the development of nukes a number of changes In the TURS enabling uawte,
low-income or moderate income housing. The land or Interests including the following:
*Effective 616191 *Effective 8126191
1, allows participating cities to grant"restricted indicate on the employee's tarninga statement the purpose of
prior saw credit' to an employee for any deductions made from an employee's pay.
periods of employment with Texas cities that
do cot(or did not)participate In M& B.R.406-Legislative Leave» provides that in cities exceeding
2M,000 in population,a peace officer or fire righter is entitled
Z eliminates the three percent employee to un legislative leave under the following conditions:
contribution raw *Effective 8/26/91
1. the employee trust submit a written
3, dominates the authority for difftrerrn-emplorya application 30 days in advance of the first day
contribution rates for differrent departments off kgislativt leave;
of the acme dry,but'grandfathers'my such
split-rates oartrtrtily In inciste nm 3. the employee must reimburse the city for any
wages, pension,or other costs that will be
B.R.894-Unemployment Benefits: amends Article 5221 b, incurred by the city;
3 to provide that an individual who is partially employed and
who resigns that employment to accept other employment that 3. thecity mayrequire the employee topost any
the individual reasonably believes will increase the individual's money necessary to reimburse the city;
weekly wage Is not disqualified from receiving unemployment
compenution benefits. *Effective 9/1/91 4. the city can deny the leave San emergency
exists or Ifinsuffi ient staffing will result;and
B.R. 1257-Code Enforcer tat. enacts a new statute whkh
requires the registration of professional code enforcement S. If a volunteer of equal rank offers to work in
officers by the Texas Department of Health. The Department Is the applicant's place,the city shall grant the
required to adopt rules concerning standards and education for lesve If no overtime or insufficient staffing
persons who use the tick 'code tnforcement officer.' The w1g result
Department may assess a fee not to exceed$50 for sppliation,
reesiration and examination of affected persons. A code This bill can potentially affect only seven cities.
enforcement advisory committee Is created to make
recommendations to the Department regarding the adoption or SA. 438 - Volunteer Flee righter Retirement system:
rules and the enforcement ofthe Act The Department shall Issue amends the Texas State-Wide Volunteer Fire Fighters Retirement
a Certifiate of registration without requiring the successful Act(Article 6243e.3)to change the definition of`dependent*and
completion of the examination to a person who applies to the the oxtntn'bution formula to achieve a sound pension system.
Department on or before September 1,1993,pays the required Also broadens the availability of the retirement program to
fees and submits satisfactory evidence that the person has been certain fie fighters assigned to duties other than fighting tires.
a resident of the state for at least one year before the due of *Effective 9/1/91
application and has been employed as a code enforcement
officer for at ksst three years before the effective date of the Act
*Effective 9/1/91
aR. 1333 -Court Clerks: amends SeWon 29.010 off the Public Health and Safety
Government Code to nempt borne ruk cities bom flue
requirement of electing or appointing a municipal court dent R,R• SO-Criminal Trespass: amends Section".o5 of the
pursuant to the provisions set out In law If the municipality penal We by establishing a defense to the offense of criminal .
provides by charter for the appointment of a municipal court trespass lhhe actor Is a fur fighter or a member of an emergency
dent. *Effective 9/1/91 medical services tram acting in the lawful discharge of an official
B.R.3 181-Chl ScrAcr. amends section 143k33(c)of tyre duty. *Effective 911/91
Loa?Government Code to require that police officers and fire 1113.154-Community knice Programs: amends Article 43
fighters must receive a grade of at least 70 points on a written of the Code of Criminal Procedure to provide immunity from
exam to be placed on an eligibility list in dvit service cides.This dvi) liability for certain persons responsible for or acting in
bill eliminates the possibility that an applicant will be placed on furtheruwe otprograms In which county inmates,juveniles,or
tht ebgiEdltty list if the applicant scores in the top 30 percent of adult probationers are required to perform manual labor or
the test puticipanu wbo receive tM highest gnrW If this community service. Sections 43.09 and 43.10 of the Code of
number is larger than the number scoring at least 70 points. Criminal Procedure art amended to provide tl►at an oRycer or
*Effective 9/1/91 employee of a political subdivision other than a county is not
8.11.2338-Payment orTages: amendsArtkk 51S9d,Secdon liable for damages arising from an act or failure to an in
I I(a)(the Texas Wnimum Wage Ad)to require an empiayer to connection with manual labor performed by an Imam,if the art
*Effective 9/1/91 *Effective 8/26/91
t
W failure to act was performed pursuant to court order and was nonprofit drag abuse programs, (2) nonprofit Chemical
M iDu stional,wll K wanton, negligent,or performed with dependency Pr' s, cc (3) nonprofit drug and alcohol
consdouas Indifference or reckless disregard for the safety of rehabilitation programs that are administerod and staffed by
Others. professionals accredited by the Tew Commis#oa on Alcohol
and Drug Abuse. The bill also provides that finds distributed to
N.J. 390 - Animals Under Control of a Pem Officer. &city for municipal laws afonementpurposes should be used for
amends Section 38.16(&)of the Pena!Code to expand the offense such purposes as officer salaries,overtime pay,officer tralain
ofinjury to or Interference with an animal under the supervision specialized Investigative equipment,and other items ostd by
of a peace officer. The big expands the offense to include officers directly for law enforcement dutleL
corrections officers or jallers when the animal Is being used for
corrections,prison,or fall security. *Effective 9/1/91 RX 11138-Assaults on Jail Personnel: amends sections
22.01,22.02 and 22.03 of the Penal Code to expand the offenses
Q.E. 399 - Emergency Vehkks: amends Article 6101d, of aggravated assault and deadly assault to include assaults
Section 24,to provide that a private emergency vehicle operated committed against employees of municipal and county f ens.
by a volunteer fire department may not park stand,disregard *Effective 9/1/91
signs,or exceed the maximum speed limit unless the vehicle is H.E.2065-Vicious Dogs: amends Chapter 822 of the Health
making use of visual signals.The bill also provides that a private and Safety Code to provide that a dog can be declared vicious
vehicle operated by a volunteer fire fighter may be equipped either after an attack that curses bodily injury or after an adios
with either a permanent signal lamp or a temporary lamp but is by the dog which causes one to rasonably believe that the dog
sot required to be equipped with either type of lamp. would attack and roue bodily injury. If the dog b determined
*Effective 9/1/91 to be dangerous,the owner must: (1)register the dog for a$50
H.E. 451 - Quarry and Pit Safety: amends the Natural fee, (2) restrain the dog on a least, and (3) obtain liability
Resources Code by adding Chapter 133(Texas Aggregate Quarry insurance in the amount of$100,000. The bill creates a CWs C
and Pit Safety Act),which authorizes the R ffroad Commission misdemeanor if a dangerous dog makes an unprovoked attack
to adopt rules and regulations necessary to Implement and causing bodily injury,and a Class A misdemeanor if the attack
"font the new statute. The new law requires, among other muses serious bodily injury or death. The bill provides that a
things,that persons responsible for quarries or pits deemed to awn can order the dog destroyed and that an additional civil
be in lnaxudous proximity to a public road or in unacceptable penalty not to exceed $10,000 may be obtained by the city
USA locations must Construct certain types of barriers or take attorney.The bill does not prohibit a city from placing additions!
other cwective action to protect the public safety.Van existing requirements and restrictions on dangerous dogs,as long as they
quarry or pit becomes subject to Chapter 133 as a result of the are more stringent and are not specific to one breed or several
expansion or relocation of an existing public road or construction breeds of dug. *Effective 9/1/91
a(&new public road,then the person or entity responsible for
the road project must report the activity to the Commission H.E.22 50-1leahh Districts: amends Chapter 101 of the t" d
within 90 days after the completion date. The person or entity Practice and Remedies Code to Include public bealth districts ss
responsible for the road project must construct the barriers or political subdivisions of the state and to provide that a
take corrective actions as acquired by Chapter 133 or the rules governmental unit that is a member of the public health district
and regulations adopted by the Commission. The ltaMoad is not liable for the conduct of the district's personnel or for say
Commission may enforce Chapter 133 or a ruk adopted under condition or use of the district's property. Also amends maim
Chapter 133 by Imposing fines of up to $5,000 for the first 121.043 of the Health and Safety Code to provide that a pOW
offense, and up to $10,000 for the second and subsequent health district may sue and be sited.*Effective 8/26/91
offenses The Comm'ssion may also seek Injunctive or other
appropriate relief. S.E.i 1-Summary Forfeiture of Drugs: amends the Health
and Safety Code to allow the Department of Public Safety to
ILL 504 - Obstructing a Peace Offfleer. amends Section adopt rules Concerning the summary forfeiture and destruction
38.03(&)of the Pena!Code to establish the offense of preventing by the department or peace officers of coritmBed substance
or obstructing a peace officer from transporting a person In the property and plants.The bill amends present statutes pertaining
officer's�. *Effective. 9/1/91 to the disposition ofcontrolled substances to.apply to controlled
substance plants. Summary forfeiture and destruction ar
ILL$16-Zip Guns: amends the Penal Code to add`zap guns' disposition is also applied to volatile chemicals, inhalant
to the list of prohibited weapons. *Effective 0/l/91 paraphernalia,abusable glue,and aerosol paint.
*Effective 9/1/91
T R.I. 1185-felony Forfeiture: amends Article 59.06 of the S.E. 64-Identifying Oneself to a Pena Officer. amends
Code of Criminal Procedure to allow a city the authority to Section 38.02 of the Pena!Code to provide that a person who Is
request that 10 percent of criminal asset forfeiture funds be lawfully detained by a peace officer commits an offense if the
deposited in the municipal treasury.The bill provides that these person gives a false or fictitious name,address,or daze of birth
kids may be used for only three types of programs: (1) to an ofrKer who has detained the person.
*Effective 9/1/91 *Effective 9/1/91
LL 383 - Commisslon on lime Protection Personnel d In nil other dries, the additional revenue
Standards and Sducadon(CPPPSE}: this bill is the tY PPSE generated tlurough numbers 3 and 4,abort,
'sunset'big and amends Chapter 419 of the Government Code. 69 be trued for a swdhaol arassitlE guard
The bill consolidates the powers and duties of the Commissdon program,if the dry bas one,and for other
with those of the Texas Fire Department Emergency Board to purposes if the city does not have a school
crest the Texas Commission on Fire Protection. 7k bill crossing guard program.
transfers oversight of the State Fire Marshars office and the
municipal key rate program from the State Hoard of Insurance S.B.589-vehkk tdendf kndon Numbers:amends the Penal
to the neap Commission.lbe new Commission will be composed Code to provide a penalty for altering or tampering with
of 12 members selected from varlous ranks within a &e identification numbers on a motor vehicle,equipment,or other
department. Members must also be selected from varying property if a person sells or offers the property for sale.The W
population categories..rite fighter certification fees are raised to also adds a provision that mantes tampering wM a government
a maximum of$35 and S 10 for volunteers. Fifty percent of the record a second degree kloay: *Effective 9/1/91
money collected from certification fees will be placed In a
dedicated fund. The fund will be used to conduct biennial S.D.853-Storage ofControband:amendsArd&42.12oftbe
Inspections and to provide training assistance,. A voluntary Cade of Criminal Procedure to allow s court as require
volunteer fate fighter certification program is established. That reimbursement for expenses Incurred to confiscate, anabM
Commission is required to conduct biennial inspections ofatlfire s tore,and dispose of controlled nbswum The bin provides
depmumnts which employ full time fire protection personnel. that a court granting probation to a drug offender may order the
The bill allows the Commission to expand the scope of WJudcal person to reimburse a law enforcement agency for the agency's
assistance provided to fire departments. fire departments not expenses. *Effective 9/1/91
regulated by a local government may apply to the Commission
for regulation *Effective 9/1/91 S.S.873-food Service:amends Chapter 438ofthe Health and
Safety Code to require the Texas Hoard of Health to adopt
11.111.420-Blood Samples: amends Article 67011.5 to exclude standards and procedures for the accreditation of educauion and
emergency medical services personnel from the list of persons training programs fot recertification of persons employed in the
qualified to withdraw a blood specimen from a person suspected food service industry wbo have previously completed to
ofdriving while intoxicated.The bill also deletes the requirement accredited program or have been certified by a local health
that blood specimens may be taken only at places which are Jurisdiction. Tie bill also requires that local bealth jurisdictions
Inspected by the state or a county. *Effective 8/26/91 which require training accept ns A&Ident a training course that
Is accredited by the Department. The ht shw*by the local
S.B.460 -School Crossing Guards: a comprehensive bill health Jurisdiction may not exceed the lesser of the reasonable
relating to the provision and funding of school crossing guards. costs incurred by the Jurisdiction in issuing the certificate or the
The bill provides that: fee clarged by the Jurisdiction to Issue a tertificxte to a food
service wormer certified by any other means.
1. all cities over 850,000 in population shag *Effective 9/1/91
provide school crossing guards;
2. all cities over 850,000 in population shall
Create a child safety fund which must be used General Government
for school crossing guards, though excess
funds can be used for other purposes; H.E.2-insurance:this 52&page bill is the omnibus sinsurance
reform'package. it contains literally thousands of changes to
3. all cities over 850,000 in population shall current law. Among the most important city-related changes ate
assess Court costs on parking tickets, and thefo0owin9: *Effective 9/1/91 Except Sec.11.40
other cities may assess such costs; 6/6/91 Article 11A 1/1/92
1. The bill establishes a pilot program of`ikxibk
4. persons Convicted of school crossing-related rating'in most lines of property and casualty
trafik offenses shall pay an additional court insurance. Under this pilot program,which
cost In each city, expires at the end of 1995,rates for property
or casualty coverages Can be set, without
5. In cities over 850,000 population, the approval by the State Hoard of kwrwm
.additional revenue generated through (SBO, anywhere within a range of rata
numbers 3 and 4,above,shall be deposited in established by the SBI.
the child safety fund;and
* Effective 6/16/91 Except Sec.1,2— 7/1/91, 2. The owner of a motor vehicle must provide
Sec. 4— 1/1/92 proof of flnanciab responsibility (lfabnity
hsurance)when registering the vehkie,when may not release a dog or at for adoptlan ttaless the a rdmal has
obtaining or renewing a driver's license,and berm sterilized or the release is made to a new owner who signs
when the vehicle undergoes a state Inspectloit. an agreement to have the animal sterilized;(2)the"meat
must state that sterilization is required and that a violation
3. health care utilization review (UR) mats constitutes a Class C misdemeanor, (3)the new owner mist
must be certM by the state.The utilization deliver to the releasing agency a signed letter from aveterinarian
review plan, including appeal procedures, that the sterilization has been performed,(4)9 verification of
must be reviewed by a physician. The UR sterilization b not received by the specified date,the releasing
agent shall establish a complaint system and agency shall file a complaint against the new owner;and(5)the
an appeal procedure,and shall maintain toll- releasing agency may also choose to reclaim the animal. This
free telephone linm chapter does not apply to a releasing agency in a city that has an
ordinance providing higher standards for adoptica
4. Alocal government may not provide employee
health coverage which Is less extensive for B.E.2552-10exions:removes the requirement dud municipal
•serious mental Illness'than the coverage for runoff elections be held on the next to the last or last Saturday
any other physical illness. (Serious mental in May. Under the bill,the only requirement is that the runoff
Illness Is defined to include, among other be held no earlier than the 20th day or later than the 30th day
conditions,schisophrenia and other psychotic after the final canvass. The bill also amends Chapter 41 of the
disorders.) Election Code to provide that recall elections must be held on
uniform election dates,and allows local governments to request
B.E.70-Traffic Cou m amends Article 6701d(Traffic Code) of the Governor that an emergency election be held. Finally,the
to grant a municipal court the authority to coUeect an additional bill provides that if any law, outer than the Constitution,
three 4oUar charge for court costs in traffic cases.The additional prohibits another election from being held on the same issue for
funds collected shall be deposited in the municipal treasury.The a certain number of years,a subsequent election may be held on
bill also allows a driver the right to attend a traffic school the corresponding uniform election date In the appropriate year.
program every year,but also provides that before a driver is *Effective 9/1/91
allowed to participate in a traffic school program,the driver must S.E. 4-Government Records: amends various statutes to
resent proof of financial responsibility(liability insurance), define and specify punishment for certain criminal offenses
Effective 9/1/91 involving theft, misapplication of fiduciary or other property,
B.E.407-Class C A(Wemeanor Fines: raises the maximum tampering with or fabricating physical evidence, bribery and
Class C misdemeanor fine from$200 to$500. corrupt influence,tampering with a governmental record,and
*Effective 9/1/91 violations of state insurance laws.
ILB.486-Pharmaceutical Services: provides that a health *Effective 9/1/91
insurance policy may not prohibit or limit a person from S.E. 123 -W rite-in Candidates: provides that in municipal
selecting a pharmacy or pharmacist of the person's choice,but elections a vote for a write-in candidate cannot be counted unless
the bin does not prohibit a pharmacy"card*program the candidate announced a write-in candidacy at least 30 days
*Effective 9/1/91 riorto election day.
B.E.598-Traffic Court.amends Section 143AofArtkk6701d '*Effective 911/91
{Traft'ic Code) to allow a court to grant permission for a S.E. 195 -Comprehensive Rehabilitation fund: amends
defendant to attend a driving safety course at any time prior to Chapter 102 of the Code of Criminal procedure to establish a
final disposition ors case. The bill also provides that a request state4evel comprehensive rehabilitation fund to be funded from
to tale a driving safety course constitutes an appearance in court fees and costs on certain traffic eonvictioris. The bill imposes a
as regWred by a person's written promise to appear if the request $5 court cost on persons convicted of speeding violations and a
is made on or before the time the person is required to appear $23 court cost on persons Convicted of dtivingwhile intoxicated.
In court U a person falls to provide proof of successful The municipal court will collect the fines,and a city may retain
completion of a driving safety course,the court is required to ten percent of the amount collected, The remainder of the fee
notify the person in writing of this failure and require the person will be remitted to the State Comptroller for deposit in the
to appear in court to show cause why the proof was not timely Comprehensive Rehabilitation Fund. honey in the fund will be
submitted.if a person fails to appear at the time and place stated appropriated only for medical rehabilitation services for persons
in the notice,such failure constitutes an offense. A Court.upon with spinal or brain injuries. *Effective 9/1/91
a showing of good cause,may allow an extension of time for a
person to Complete a driving safety course. S.E.291-Alarm Systems:amends the Local Government Code
Effective 9/1/91 to add a new Chapter 218 concerning municipal regulation of
83.948-Sterilization of Dogs and Cats:adds a new Chapter burglar alarm systems. This bill provides that if a city adopts an
828 to the Health and Safety Code.The new chapter affects only ordinance requiring a person to obtain a permit to use an alarm
cities with more than 25,000 population and provides that (I) system,the permit
aymust be valid for at least one year and the fee
pub iii or private animal pound,shelter,or humane organization for ttheecpt i vet may not exceed fifty dollars. A city may not
Effective 9'/1/92
terminate an alum permit for nonrawwal without providing at early voting ballot board, and to require that the names of
least 30 days notice.If city imposes fines or penalties for excess individuals wbo received an early voting ballot are not available
Me fire alarms,the fines or penalties must be based on the type for public inspecelon,except to the voter,until 24 boors afterthe
and level of emergency response provided. The lee may not time it ballot was mailed to the voter.
exceed$50 in the case of burglar alarms,and it may not exceed
the actual expenses inured for the response.A fee may not be
imposed unless at least five other false alarms have occurred
during the preceding 12-month period. A dty cannot consider
a false alum to have occurred unless a response Is made within SENATORS ROSSON AND TRUAN KILL
30 minutes of notification and determines fiom an Inspection TML PRIORITY BILL
that the alarm was false. A city may not terminate its law
enforcement response because of excess false alarms if false H3.476,by Robert JuneQ was a TML-b asked bill which simply
alarm fees at paid.
provided that the Texas Water Commission must consider both
S.111.422-UndalrnedProperty.amendsANck 18.I7(g),Code the costs and the benefits of proposed water quality standards.
of Criminal Procedure, to permit municipal and county law Tbe bill was designed to do nothing,more than inject a commorf
enforcement agencies to transfer abandoned or unclaimed sense,oasteectiveness analysis into the consideration ofcertain
property to another municipal or county law ed rcenwat environmental standards.
agency for use by that agency.Vhen the agency that has received Environmental groups vigorously opposed the bill,apparently
the property has completed its use of it,the agency shall return
the roperty to the transferring agency for sock. because they kared the results of a rigorous analysis of
*E f e c t ive 6/5/91 environmental mandates. These groups preferred to leave the
S.E.429-Architects: this is the 'sunset*bill for the Texas public and state poticymakers in the dark regarding the
Dowd of Architectural Examiners. Among its many provisions effectiveness of water quality standards.
Is one which requires that a registered architect must prepare the Despite the opposition of the Sierira Chub and others, the bill
plans for any alteration or addition to a public building if {1} passed the Haase and was referral to a Senate Committee. Late
the building will be used for assembly or for office space;(2)the In the session, Senator Peggy Rossan {El Paso} and Senator
alteration or addition exceeds $50,000 in cost; and {3} the Carlos {Carpus Qltristi} `tagged" the bill in committee,
alteration or addition requires the removal, relocation, or
addition of walls or partitions or the alteration or addition of an thus killing this important aostlbetoefit initiative.
V& *Effective 9/1/91
S3. 1234 -Absentee Voting Processes and Procedures:
this is an omnibus elections bill. Among Its many provisions are SENATE COMMITTEE SHOOTS DOWN
the following; {1}amends Chapters 67 and 87 of the Election
Code to require the early voting clerk and canvassing authority TML LIABILITY BILL
to report eaAyvotes by precinct and by polling place;(2)amends
Chapter 83 to require that the early voting clerk's office remain Under current law,the liability of cities Is limited,in most cases,
open during the hours the polls are required to be open for to$250,000 per person and$500,000 per occurrence. There is
voting on election day,, {3} amends Chapter 84 to allow an no cap on the personal liability of municipal employees and
application for early voting to be submitted by facsimile machine officers. The law provides that local governments may pay
if available in the clerk's office and to require that the application damages awarded against an employee or officer, but that
farm be at least 8`by r In size and printed in at least 6 point payment may not exceed $100,000 to any one person or
type and contain space for the applicant's telephone number;{4} $300,000 for any single ocxwrena.
amends Chapter 85 to allow carrier envelopes for spouses or
parents and children who are registered to vote at the same Many cities have adopted Indemnifxadon ordinances or purchased
address to be returned in the same envelope or package,(5) Insurance to provide protection from personal liability for their
amends Chapter 86 to allow the clerk to notify the voter of a employees.Cities have done this in an effort to attract and retain
defective carrier envelope by telephone and advise the voter that employees and officers. This has resulted in creating deep
be/she may correct the defect or canal his/her application and pockets out of the officers and employees who would otherwise
vote on election dal,,{6}amends Chapter 87 to require,not later be judgment proof. Lawsuits are being filed with increasing
dw the tenth day after election day,that the presiding judge frequency against governmental entities and against individuals
deliver written notice of the reason for the rejection of an early personally,
voting ballot to the voter,to require thu aballot transmittal form
include the number of early voting ballots voted by mail and the HB.131,co sponsored by Representative H and
number of individuals voting by personal appearance,to allow ' Representative d ha
junel>*and SB.163,sponsored by Senator Glasgow,would have
Ax special procedures for the delivery of paper ballots to the provided that If scitypurchases insurance or provides indemnity
*Effective 9/1/91 Except Secl.12
Effective 9/1/93
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