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R-93-04-08-9B - 4/8/1993RESOLUTION NO. £- Q3- D4-©' 96 WHEREAS, the Legislature of the State of Texas faces numerous challenges in this 73rd Session, and WHEREAS, it is important that our representatives should be informed about the position of the City Council of the City of Round Rock on certain issues, and WHEREAS the City Council and staff may be called upon to give testimony on certain issues, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ROUND ROCK TEXAS • That the attached legislative program represents the City Council's position on that particular body of legislation. ATTEST: RESOLVED this o day of April, 1993. /✓uw /a/i2a) E LAND, City Secretary wid MIKE ROBINSON, Mayor City of Round Rock, Texas CITY OF ROUND ROCK LEGISLATIVE PROGRAM 73RD SESSION OF THE TEXAS LEGISLATURE The Board placed each legislative issue into one of four categories of effort. Those categories are: • O000se -- the League will actively and vigorously attempt to defeat the initiative because it is detrimental to member cities. • Seek Introduction and Passage -- the League will attempt to find a sponsor, will provide testimony, and will otherwise actively pursue passage. Bills in this category are known as 'TML bills." • Support -- the League will actively attempt to obtain passage -of the initiative if it is introduced by some other entity. The League will provide and /or arrange for testimony. • Endorse -- the League will make its support known but will not actively pursue passage. What emerged from the Board's deliberations is the 1993 TML legislative program. Seek Introduction and Passage The Texas Municipal League will seek introduction and passage of legislation which would: 1. Enact a Comprehensive Environmental Mandate Act (CEMA) comprising the following features: a. Accurate Calculation of Municipal Costs CEMA would provide that any legislation (including amendments or substitutes) or any regulation which imposes upon cities any duties relating to water quality, air quality, or solid waste disposal must be accompanied by an assessment of local costs, if such legislation or regulation is not required by federal law or exceeds federal law. This assessment of costs would be based, at least in part, on consultations with municipal officials. b. Exclusion From Rollback Calculations CEMA would include municipal authority to exclude from the calculation of property tax rates the costs of complying with any state or federal mandate which is paid from general revenue. c. Delayed Implementation Dates CEMA would include a provision that any state legislation or regulation which imposes an unfunded environmental mandate cannot become effective prior to 18 months after the legislation is signed or the regulation adopted. 2. Authorize the competitive bidding statute threshold of $10,000 to be increased to $15,000 in the Local Government Code, Chapters 252 and 271; amend the Local Government Code to substitute a requirement of notice of the time and place at which bids will be publicly opened for the requirements of notice of time and place at which the contract will be let; and amend the Local 4 Government Code to delete city population requirements. (Note: this initiative was a TML priority in 1991. The bill passed but was vetoed by the Governor.) 3. Amend Section 26.04(e) of the Texas Property Tax Code to provide that taxing units may give the required notice by publication in a newspaper or by delivery by mail to each person owning property in the unit. 4. Provide that a general law city may unilaterally annex adjacent territory if in addition to fulfilling the other conditions specified in current law, the city is providin& the area to be annexed with water or sewer service. (Note: current law requires water and sewer service.) 5. Validate municipal acts taken since the last validation statute was passed in 1991. 6. Amend Section 212.004 of the Local Government Code to provide that: (1) a plat would be required when lots are combined, (2) a plat would be required when a tract is resubdivided, and (3) a plat would be required when lots Qr streets are laid out. 7. Authorize cities to issue short-term debt instruments (bond anticipation notes) so that cities can avoid the payment to the federal government of arbitrage earnings on bond proceeds. 8. Amend state law to: (1) provide that banking services need not be provided by a local bank and can be provided by a savings association; (2) make beneficial, local option changes in the application and bid award procedures; (3) provide that the Public Funds Collateral Act applies to depositories of municipal funds; and (4) recognize modern banking technologies including electronic wire transfers and controlled disbursement accounts. 9. Require that a legal action brought against a city or city employee or officer be brought in the county in which the city is situated. 10. Allow for the interlocutory appeal of a denial of a summary judgment based on a plea of governmental immunity asserted by a city, county, or other governmental entity. 11. Amend current law relating to abandoned or unclaimed property by: a. allowing a city to designate any person to perform the property disposition duties now assigned by law to the purchasing agent; b. allowing a city to dispose of the property by means other than selling the property; c. easing the administrative burdens of receiving, storing, and securing the property; d. decreasing property holding periods; and e. clarifying the rights and responsibilities of various participants in the disposition process. 12. Amend Section 6.01(c) of the Penal Code to allow municipalities to enforce ordinances making the omission to perform an act an offense. 5 13. Limit the liability of municipal employees and officers. 14. Repeal the requirement that municipal group health insurance plans provide coverage for serious mental illness that is no less extensive than the coverage for any other physical illness. 15. Provide that neither cities nor peace officers can be held liable for damages caused by a vehicle which is being pursued by a peace officer in a motor vehicle, provided certain motor vehicle pursuit policies are followed. 16. Enable Texas municipal authorities to enter immediately upon the premises of vacant properties for the purpose of repairing, replacing, or securing swimming pool fences or enclosures; permit Texas municipalities taking such action to place a lien on the premises to secure reimbursement for expenses incurred in repairing, replacing or securing such pool enclosures and to impose a penalty on the property owner; and provide that Texas municipalities and Texas municipal officials shall be immune from liability for any malfeasance, misfeasance or acts or omissions associated with actions taken in an effort to eliminate these dangerous conditions and for any previous or subsequent conditions on the property. Clearly authorize general law cities to require that property owners connect to the city's sewer system. Support The Texas Municipal League will support legislation which would: 1. Provide financial aid from the State of Texas to assist all Texas cities that will suffer severe economic impacts as the result of the closure of military installations. 2. Adopt a motor fuels tax which would make revenues available for street maintenance in municipalities. 3. Amend the Property Tax Code eligibility requirements for appraisal as open - space land to allow cities within urban counties whose population exceed five hundred thousand (500,000), to require on a local- option basis that an individual claiming the right to have his land designated for open -space land appraisal under the provisions of Article VIII, Section 1 -d -1 of the Texas Constitution, must derive fifty percent (50 %) of his or her household income from the farming and /or ranching operation on the exempted property. 4. Amend Subchapter I of Chapter 481 of the Government Code by Providing that: (1) the Subchapter's requirement regarding a series of permits would apply only if the construction of the project is initiated within two years after the first permit is approved, and (2) the Subchapter would not apply to permit conditions which are necessary in order to comply with federal or state mandates. 5. Allow cities to charge fees higher than the actual cost of reproduction of geographic reference databases when a requestor under the Open Records Act intends to use the data for commercial purposes. 6 6. Amend Article Eight, Section Thirteen of the Texas Constitution and Section 34.21 of the Tax Code to reduce the time period to exercise the right of redemption upon foreclosed property, other than residence homesteads, from the current two -year period to a period of six months. 7. Change the calculation of the property tax rate for which a public hearing must be held -- the public hearing rate -- to remove the effect of increases in debt service payments already approved by the voters. 8. Allow the State Comptroller to provide cities with information regarding the amount of sales tax paid by each business. 9. Allow cities to adjust for court - ordered reductions in taxable value when calculating the maintenance and operation property tax rate. 10. Permit all recall elections to be held in accordance with the schedule set forth in each individual city charter. 11. Raise from $8,000 to $50,000 the minimum contract amount at which a city must engage the services of a professional engineer for a public works construction project; or, as an alternative, require the Texas Department of Transportation to provide engineering technical assistance to cities. 12. Amend Section 33.07 of the Tax Code, dealing with the imposition of an additional 15 percent penalty to defray the costs of ad valorem tax collections, by deleting the requirement that taxing units contract with a private attorney or law firm. 13. Raise the gas and electric franchise fee from two percent to four percent of gross receipts. 14. Allow cities to create special districts and regulate the consumption of alcoholic beverages and the types of containers used for consumption of any beverage in the public areas of such districts. 15. Rededicate cigarette tax revenue or other tax revenue to the Local and State Park Fund and re- establish a trust fund for these purposes. 16. Address the suppression, apprehension and sentencing for gang members involved in criminal activity and give local jurisdictions more authority to require additional alternatives than incarceration for offenders such as mandatory community service, more parental responsibility and liability for minor offenders, and require rehabilitative services. 17. Amend the Health and Safety Code to make it lawful for a municipality to abate repeat nuisance violations without sending a subsequent warning notice. 18. Amend the Local Government Code to expand the membership of the Building and Standard Commission to ten members and eight alternates to allow for an additional panel to speed the processing of dangerous and abandoned buildings. 19. Amend the Local Government Code to require mandatory deed recordation with the county clerk of the county in which the property is situated. 20. Allow the city councils in larger general law cities to call for a recall election when presented with a voter petition. 7 21. Enact beneficial amendments to Section 25.25(d) of the Tax Code, relating to "substantial error" appeals of appraised values, so that such appeals will riot be abused. 22. Amend Section 85.005 of the Election Code to allow for enhanced hours of operation of early voting locations to ensure greater voter participation in elections. 23. Allow cities of less than 15,000 population to keep the office of the city clerk or city secretary open only between 7:00 a.m. and noon of election day, as opposed to the currently required 7:00 a.m. to 7:00 p.m. period. 24. Amend Vernon's Ann. Civ. Stat. Article 4477 -9a to clarify the State Legislature's intent that garagekeepers are not entitled to any portion of the special fund from which a police department may reimburse itself for the expense of auctioning, towing, preserving and storing abandoned motor vehicles and that such department may continue to transfer any sum from this fund which exceeds $1,000 to the municipality's general revenue account. 25. Amend Tex. Rev. Civ. Stat. Ann. Article 5160 to require statutory payment and performance bonds for public works contracts in excess of $100,000, rather than $25,000 as is current law. 26. Amend Article 6675a -9a and any other applicable state laws to require a pro rata sharing with municipalities located within counties assessing County Road and Bridge Fund fees of the roceeds of those additional fees collected by counties pursuant to Article 6675a -9a; provide that the pro rata sharing be assessed on the basis of population within each• municipality relative to the total population of the county, or based on the total miles of streets located within the municipality relative to the total miles of roadway within the county, or by some other equitable formula; and provide that municipalities shall be restricted in their use of the pro rata shared proceeds to the construction and maintenance of streets and not to general budgetary expenses. 27. Allow a plaintiff in a whistleblower case to request a change of venue to Travis County only after first filing the case in the plaintiffs home county and after a finding that a fair trial cannot be conducted in that county. 28. Relax the requirement that municipal employees who apply pesticides must • obtain a state "non - commercial" certification. 29. Transfer the functions of the Public Utility Commission's hearing division to the State Office of Administrative Hearings. 30. Eliminate the role of the PUC general counsel as a party to rate cases. 31. Enact the traceable evidence amendment to the Texas Litter Abatement Act of 1982 to be used in the effort against illegal littering, dumping and despoiling of our environment. 32. Exempt cities from any law or regulation by the Texas Department of Health that restricts the ability to rapidly and efficiently demolish asbestos- containing dangerous buildings within corporate limits; and allow municipal governments to award one turnkey contract providing that the successful bidder furnishes all inspection, monitoring, removal, and disposal of asbestos- containing 8 materials while complying with all applicable regulations, in connection with the demolition of dangerous buildings, without conflicting with any law or regulation which prohibits a consultant from providing services directly to an asbestos abatement /demolition contractor. 33. Require the Texas Air Control Board (TACB) to adopt procedures to fully reimburse cities which enforce TACB rules, including federal asbestos regulations for demolition and renovation adopted by the TACB. Endorse The Texas Municipal League will endorse legislation which would: 1. Mandate that special funding consideration be given to the development and construction of right -of -way improvement projects that are designed to improve access to federal sites located immediately adjacent to cities of 100,000 or less, and that state and local funding for such projects be increased to pay up to 100 percent of the project costs. 2. Require that (a) upon enactment of any state law or regulation which increases the cost of operation on a local government basis, funding shall be provided by the state for the purposes of paying of such increased costs; (b) a legislative ombudsman office for municipal affairs be created as part of the governor's office for the purposes of coordinating legislation and state agency activity as it relates to municipal and local government operations; (c) prior to the enactment of any regulation by any state agency which affects the cost or means and manners of municipal operations, a notice must be sent to all affected municipalities for comments and input, such notice to be in addition to the publication in the Texas Register; and (d) the Legislature cease the erosion of the "home rule" form of municipal government by the unwarranted intrusion of legislation in historically local issues. 3. Weigh a mandate's cost against its economic benefits; seek input from the cities involved before issuing mandates to the cities from any state agency; and provide that no state mandate would exceed those set forth by the federal government. 4. Reconsider current workers' compensation legislation and enact new legislation that would make Texas' workers' compensation rates comparable to rates in surrounding states. 5. Enable municipalities to address the health care needs of their communities and encourage the state legislature to maximize federal monies available to the State of Texas for health care. 6. Ensure necessary state funding for all youth -at -risk services. 7. Ensure necessary state funding for park and recreation facility improvements to increase accessibility for individuals with disabilities. 8. Require that telephone solicitors file certain consumer information with a state agency. 9. Amend- Subsection (b) of Section 43.074 Texas Local Government Code by changing the vote required to abolish a municipal utility district from two- 9 thirds to a majority of the entire membership of the governing body of the municipality. 10. Allow the Texas Department of Transportation to adopt policies and regulations encouraging the use of logo reader boards within state and federal highway rights -of -way. 11. Allow the creation and operation of cemeteries within the corporate limits of acity. 12. Provide for more reasonable, flexible and competitive intrastate shipping regulations and rates. 13. Exempt certain discussions of economic development matters from the requirements of the open meetings law. 14. Exempt certain economic development records from the provisions of the open records law. 15. Exempt personnel files from the provisions of the open records law. 16. Require state buildings to adhere to local building and fire codes. 17. Make "stalking" a crime. (Note: "stalking" is defined as repeatedly following or harassing another and making threats that cause the victim to fear death or serious bodily injury.) 18. Allocate sufficient funds for the Texas Youth Commission to establish and • operate additional correctional facilities and improve existing facilities to the extent necessary to eliminate the premature release of youths found to have engaged in delinquent conduct, and restrict opportunities for repeat or habitual juvenile offenders to engage in delinquent conduct. 19. Enable a juvenile court which elects to defer adjudication proceedings under V.T.C.A., Family Code Section 54.032, to assist the parents or other persons' responsible for a child in fulfilling their duty of care, control, protection and reasonable discipline of the child by requiring such parents or other persons to • attend parent classes, family counseling, or similar experiences. 20. Amend Section 171.401 of the Tax Code to reinstate apportionment of the bank franchise tax to local governments. 21. Impose a tax on aviation fuel, provided that the tax revenue is used to support general aviation airports. 22. Clarify the authority of a city to establish more than one board of adjustment and provide flexibility with regard to the number of regular and alternate board members. 23. Authorize cities to review and regulate, within designated districts, the architectural character, form, style, texture and materials, and features of buildings. 24. Allow local governments to impose a special occupation tax on sexually oriented businesses. 10 25. Amend the Tax Code to allow Texas cities a one -half percent (1/2 %) tax on every retail sale of every motor vehicle sold within an incorporated city in the state. 26. Encourage prompt and accurate reporting and remittance of municipal Hotel Occupancy Taxes as required in Chapter 351 of the Texas Tax Code, enhance the penalties for noncompliance with such reporting and remittance requirements, assist the collection efforts of governmental entities who utilize this tax, and broaden the exceptions to the statute of limitations. 27. Enact beneficial amendments to Chapter 143 of the Local Government Code (fire /police civil service). 28. Prioritize the expenditures of the Texas Commission on Law Enforcement Officer Standards and Education such that those activities and services which are most valuable to local law enforcement agencies will receive the highest priorities. 29. Allow law enforcement agencies to maintain fingerprints and photographs of juveniles referred to juvenile court. 30. Allow schools, police, courts, and other agencies to share information on juveniles. 31. Increase the penalties for delivery, manufacture, or possession with intent to deliver controlled substances within a drug -free zone adjacent to a school, playground, or recreation center. 32. Increase the penalties for possession or use of a gun within a gun -free zone adjacent to a school, playground, or recreation center. 33. Require mandatory, minimum sentences for crimes committed with firearms. 34. Increase (to a felony) the penalty for discharging a firearm in a populated area. 35. Increase the penalty for driving with a DWI- suspended license. 36. Establish a statutory right for a victim of child abuse to give testimony and be cross - examined in a location outside the courtroom if the testimony and cross- . examination is transmitted by closed circuit to the courtroom. 37. Propose a constitutional amendment authorizing any municipality within the State of Texas to advance any and every defense available to an individual• citizen of this State in any action or administrative proceedings brought against such municipality by any State agency seeking to enforce by fines, sanctions, injunctions, civil penalties or damages pursuant to any and all environmental rules, regulations and statutes of the State of Texas. 38. Create solid waste management districts. 39. Exempt library systems from inclusion within the Uniform State Service Regions. 40. Amend Chapter 143 of the Local Government Code to allow fire fighters to opt for an alternative promotional system, and amend Chapter 143 of the Local Government Code to allow fire chiefs the same latitude as their 11 counterparts in the police departments to select individuals to occupy positions immediately below that of fire chief. Oppose The Texas Municipal League will oppose any legislation which would erode municipal authority in any way or which would otherwise be detrimental to cities, including legislation which would: 1. Erode existing annexation authority. 2. Erode current municipal economic development authority. 3. Erode current municipal authority to zone family homes. 4. Enact legislation recommended by the U.S. Department of Housing and Urban Development report, "Not In My Backyard: Removing Barriers to Affordable Housing," including legislation which would: a. remove municipal authority to zone or limit the use of "various housing affordability options such as accessory apartments, duplexes, manufactured housing, and single -room occupancy housing." b. require each city to have a housing plan subject to state review and approval. c. amend zoning statutes to require that affordability and housing opportunity be primary objectives of zoning. d. grant the state the authority to override local barriers to affordable housing projects. e. establish time Limits for building code, zoning, and other permit application reviews and approvals. f. establish a statewide subdivision ordinance and mandatory land development standards. g. prohibit local zoning ordinances which in any way restrict the location of manufactured housing. 5. Require that CAD boards be composed of elected officials from the governmental units participating in the district. 6. Expand the list of governmental entities which can participate in the election of CAD board members or otherwise participate in CAD affairs. 7. Require that property tax collections within any county or CAD be consolidated into one tax- collecting entity. 8. Provide for the direct election of CAD board members. 9. Enact any additional, state - mandated property tax exemptions. 12 10. Enact any additional, state - mandated sales tax exemptions unless it can be demonstrated that any given exemption is in the cities' best interest. 11. Enact any new or increased state fees on cases disposed of in municipal court. 12. Amend state law to: (1) allow for election day registration to vote; (2) mandate joint elections with other political subdivisions; or (3) allow non- registered voters to vote. 13. Increase cities' obligations to insure the payment of prevailing wages under public works contracts. 14. Broaden the requirements of the open meetings law or the open records law. 15. Erode or otherwise alter in detrimental ways the existing local option to provide union dues check -off services. 16. Erode or otherwise alter in detrimental ways the existing local option to adopt a "heart-lung presumption" provision for fire fighter pension funds. 17. Provide that police officers or fire fighters (or other municipal employees) may not be disciplined "without good cause." 18. Provide that a person's marital or blood relationship to another municipal employee cannot be considered in fire or police personnel actions. 19. Provide for a state - mandated increase in local government payments to the survivors of peace officers or jailers killed in the line of duty, except that TML would take no position on legislation which would simply allow survivors of peace officers killed in the line of duty to purchase health insurance from the municipality. 20. Entitle peace officers or fire fighters to legislative leave under any conditions beyond current law. 21. Erode existing local authority to design and implement drug testing programs. 22. Provide that a peace officer injured in the line of duty as a peace officer (even while off duty from regular employment) can receive workers' compensation benefits even if the officer is intoxicated, injured through the officer's own willful intent, engaging in horseplay, or injured by a third party for personal reasons. 23. Allow labor organizations to convert dues revenue into political action committee funds. 24. Enact detrimental amendments to Chapter 143 of the Local Government Code. 25. Broaden current law regarding the adoption of collective bargaining for peace officers and fire fighters, including any legislation which would provide for council- option collective bargaining. 26. Require cities to make retiree health coverage available. 27. Prohibit cities which do make retiree health coverage available from charging retirees a rate which exceeds the cost of coverage for an active employee. 13 J� 28. Require cities which do make retiree health coverage available to offer retirees the same health plan made available to active employees. 29. With regard to the Texas Commission on Law Enforcement Officer Standards and Education, increase costs for cities or erode the existing authority of cities to manage their law enforcement agencies and personnel free of state interference. 30. Amend state law to: (1) require any building having occupied space more than 75 feet above the vehicle access level to be retrofitted with a sprinkler system, or (2) require any public building to be equipped with a sprinkler system. 31. Restrict in any way existing municipal authority to subject peace officers to polygraph examinations. 32. Subject city jails to the jail standards promulgated by the Texas Commission on Jail Standards. 33. Relax or eliminate municipal restrictions on the sale and /or use of fireworks. 34. Remove the option for cities under 5,000 in population to allow plumbing work within the city limits by persons other than licensed plumbers. 35. Erode the existing authority of cities to control the issuance, possession, or consumption of alcoholic beverages. 36. License or allow citizens to carry handguns in a public place. 37. Restrict the ability of cities to amend uniform building codes for local reasons. 38. Require landfills to identify the source of solid waste accepted at the landfill. 39. Expand the authorities of counties to regulate the siting of Landfills. 40. Restrict the location of landfills relative to residences, churches, parks, roads, cemeteries, and /or other natural or man -made features, beyond the current federal requirements regarding such restrictions. 41. Mandate waste separation beyond current law. 42. Mandate recycling beyond current law. 43.. Mandate separation of waste. 44. Mandate composting. 45. Impose any onerous, burdensome, or costly legislation regulating excavations which could conceivably result in damage to such underground facilities as electric, gas, water, or sewage lines. 46. Expand the authority of the PUC to regulate municipally owned electric utilities. 47. Erode the current municipal authority pertaining to the regulation of investor - owned electric, telephone, or telecommunications utilities, including 14 legislation relating to the responsibilities of the Office of Public Utility Counsel, if such legislation would erode municipal authority in any way. 48. Increase the solid waste tipping fee or change the statutory allocation formula in such a way that grants to cities are endangered. 15 DATE: April 6, 1993 SUBJECT: City Council Meeting, April 8, 1993 ITEM: 9.13. Consider a resolution concerning the 1993 Legislative Program. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval The attached resolution is our statement of support and, in some cases, opposition to a small but important group of bills. Also attached is a copy of the Texas Municipal League legislative program for 1993. It forms the basis for our Round Rock program with the following exceptions: Items 2 (motor fuels tax), 4 (permitting), and 15 (Local and State Park Fund) should be moved from the Support category to Seek Introduction and Passage.