HomeMy WebLinkAbout03-22-2003 City Council Retreat
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City of La Porte
Established 1892
March 19,2003
To Mayor Malone and City Council:
Information regarding our retreat for Saturday, March 22, 2003 is provided for your
review. This meeting was posted by the City Secretary's Office at 3:30 p.m. on
Tuesday, March 18, 2003 as required for at least 72 hours notice.
We have compiled the agenda according to the prior cancelled retreat topics as well as
new items that you have requested. Should we not be able to complete all presentations
and discussions on Saturday, we can continue another time convenient to all. I look
forward to the opportunity to discuss these items and reach consensus or Council
direction.
Should you have questions before Saturday, please feel free to contact me either at the
office or on my new cell phone (713-907-0183).
Breakfast, snacks and lunch will be provided. Mayor wanted to post a closing time as a
goal so you could make other plans for the balance of the evening.
Thank you for the opportunity to serve the citizens of La Porte.
C&~~j3 cJa5eM
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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City Council Retreat
March 22 2003
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La Porte; Community Library
600 South Broadway
La Porte. T.exas
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Martha Gillett
City Secretary
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City Council Retreat
Agenda
7:30 am - 8:00 am Continental Breakfast
8:00 am - 8:30 am Youth Commission Tab I
· Resolution
· Program Information
8:30 am - 9:30 am Review Relationships Between the: Tab 2
. Comprehensive Plan P&Z Commission
Land Use Map and Board of Adjustments
Zoning Map City Council
9:30 am - 9:45 am Break
9:45 am - II :45 am Economic Development Tab 3
· The City's Commitment to Growth & Development
· Infrastructure Planning
· Local Sales Tax Revenues
· Green Space Issues
· Beautification Efforts
12:00 pm - 1 :00 pm Lunch
1 :00 pm - 2:00 pm State Legislation Tab 4
· Resolution
· Letter Regarding La Porte Issue
. · TML Update
· City Legislative Tracking Chart
· Next TML Status Meeting - April 14
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City Council Retreat
Agenda
2:00 pm - 3:30 pm
Review Various Ordinance Provisions
A. Zoning Code Provisions & Enforcement Practices
Political Signs
Bandit Signs
Temporary and/or Portable Signs
B. Ordinance Provisions Relation to High Weeds
Tab 5
3:30 pm - 3:45 pm
Break
3:45 pm - 5:00 pm
City Council Roundtable
Code of Ethics for City Council
Summer Youth Jobs
Bay Front Development
Image
5:00 pm- 5:30 pm
City Manager Announcements
City Council Work Sessions
City Hall Open House
Other
5pm
Adjourn
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Youth Commission
-Resolution
-Program Information
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, EST ABLISING A YOUTH COMMISSION FOR LA PORTE, TEXAS.
WHEREAS, the youth of La Porte are an important and valuable part of the
community with ideas and perspectives that offer unique insight into our City's quality of
life; and
WHEREAS, the City Council and City administrators of the City of La Porte
make decisions routinely that affect the youth of our community; and
WHEREAS, the City Council wishes to provide the youth of La Porte with an
opportunity and a vehicle to respond to and provide input into the decisions and policies
that are made that affect young persons; and
WHEREAS, it is the opinion of the City Council that the best interests of the
citizens of the City of La Porte would be served by establishing a Youth Commission for
the City of La Porte; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. A Youth Commission is hereby established for the City of La
Porte. The goals and objectives of the Commission shall be to develop an alliance among
youth, youth agencies, city government, schools, and the community to secure for all
children and youth the highest advantage in physical, mental, social, and moral
development, and to advise on how to solve the problems encountered in providing
services to the youth of the community. Furthennore, the Commission will work towards
unifying the youth of La Porte into a positive force for the good of the community.
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Section 2. The Commission will act as an advisory committee to the Mayor
and City Council on youth issues. The Commission shall consist of student
members of 14 to 18 years of age. They will be representatives from La Porte and area
junior and senior high schools. In addition to the _ student members, there will be _
adult advisors to the Commission for a total Commission membership of
Terms. of office will be for two years. Students and adults desiring to serve on the
Commission will complete an application for a position and will be interviewed and
recommended by a panel appointed by the Commission. The recommendations will be
submitted to the City Secretary's Office and forwarded to the City Council for final
consideration. Initial appointments prior to creation of the panel shall be made by the
City Council based upon the recommendation of the City Manager's Office and the
appointees shall have an initial term of either one year or two years as determined by a
chance drawing for terms. The City of La Porte Youth Coordinator will serve as staff
liaison to the Commission.
Section 3. Regular meetings will be held during the school year at a time
established by a majority of the Commission members. A simple majority of members
shall constitute a quorum, and a majority vote of the quorum shall be required for any
action to be taken by the Commission.
Section 4. The Commission shall select a Youth Council consisting of a
mayor, mayor pro tem, two secretaries, a public relations representative, a treasurer and a
historian from among its membership at its initial meeting. Said officers shall serve for
one year or until such time as their successors are appointed.
Section 5. An annual report shall be presented by the chair of the
Commission to the Mayor and City Council of the Commission's interactions, activities,
and progress as related to its established purpose not later than June 30 of each year.
Additional reports shall be submitted as requested by either the City Council or the
Commission.
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Passed by the City Council this 24TH day of March, 2003.
CITY OF LA PORTE
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ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
Nonnan L. Malone
Mayor
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Review Relationships Between the:
.Comprehensive Plan
.Land Use Map
.Zoning Map
P&Z Commission
and Board of Adjustments
City Council
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Texas Zoning Enabling Act
First adopted in 1927, now referred to as Chapter
2 [ I of the Texas Local Gov't Code
Provides guidelines tor municipal zoning
ordinances
Promote public health. safety and \Ve1t~lre
Protect places of historical or architectural significance
Requires appointment of a Zoning Commission
and conformance to a comprehensive plan
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La: Port.e1Zoning Ordinance
Zoning Comm.ission revievv and
recomruendation is required for all actions
relating to the Zoning Ordinance
Zoning District Map
Zoning District Regulations
All zoning must conform to a
Comprehensive Plan
The Plan must attempt to obtain the follmving
objectives:
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Approval of Development
Plans
- Most development can be approved
administratively (Planning Director)
Llmited to minor developments (less than 10-
acres and less than 150,000 sfbuilding area)
l'vlinor Subdivision Plats (less than 1 O-acres and
4 or fewer lots)
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Approval of Development
Plans
Planning & Zoning Commission is the
approval authority for all major
developments
Major commercial and industrial developments
(over to-acres and greater than 150,000 sf
building area)
Major Subdivisions (over I O-acres and greate,'
than 4 lots)
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Approval of Development
Plans
City Counci I is the approval authority for
Special COTlditional Use Permits
Approval of these permits provides for the
construction of buildings and/or the
establishment of uses
This is a zoning action so a recommendation
from the Zoning Commission is required.
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Introduction
Zoning law for municipalities mLlst follow the
Texas Zoning Enabling Act (TZEA)
The authority to create a ZBOA comes from this
Act. Creating aZBOA is not required under the
TZEA, but is an option reserved for the local
zoning ordinance.
The ZBOA is not an ombudsman. [nstead this
Board provides the possibility of relief from
unduly harsh applications of the zoning ordin'-lllce.
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Under the Local Gov't Code, the ZBOA may:
I) Hear an ~ that alleges IT!:Q! in an order.
requirement decision, or determination made by an
administrative official.
2) Hear requests for ~ to the terms of
the zoning ordinance, where the ordinance has
~ these situations (i.e.. to deviate
yard requirements. to waive or reduce parking
requi rements).
3) Authorize a variance from the terms of the zoning
ordinance where literal enforcement of the ordinance
\vould result in unnecessary ~
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r ntroduction
Zoning law for municipalities must follow the
Texas Zoning Enabling Act (TZEA)
The authOl"ity to create a ZBOA comes from this
Act. Creating a ZBOA is not required under the
TZEA, but is an option reserved for the local
zoning ordinance.
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The ZBOA is not an ombudsman. Instead this
Board provides the possibility of relief from
unduly harsh applications of the zoning ordinance.
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Under the Local GOy't Code, the ZBOA may:
I) Hear an ~ that alleges error in an order.
requirement decision, or determination made by an
administrative official.
2) Hear requests for ~ to the terms of
the zoning ordinance. where the ordinance has
~ these situations (i.e.. to deviate
yard requirements. to waive or reduce parking
requi rements).
3) Authorize a variance 11'0111 the terms 0 f the zoni ng
ordinance where literal enforcement oCthe ordinance
vvould result in unnecessary ~
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Economic Development
.The City's Commitment to Growth & Development
· Infrastructure Planning
· Local Sales Tax Revenues
.Green Space Issues
· Beautification Efforts
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Currellt Incentives.
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. Loca I r nee ntives.
- Industrial District
- Tax Abatement
· I'nner City Tax Incentive Program for
Projects $21 miffion and over
· Harris County Abatement Program
- Freeport Tax Exemption*
- Tax Increment Reinvestment Zone (TfRZ)**
"LPISD participates
"*LPISD and Harris County Participate
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Potential[ Incentives
. Local Incentives
- Tax Abatement
. Other Industrial
· Commercial Tax Abatement
· Residential Tax Abatement
-Single Family
- Multi-Family Development Projects
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Potential Incentives
. State Programs
- Enterprise Zones
- State Surface Transportation Program
- State Transportation Enhancement
- Grants and Loans for Economic Development
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March 11, 2003
Development Incentives
The City of La Porte is seeking to position itself as an ideal business and industrial location. In
order to do so, the City may explore additional incentives for companies to relocate in our city.
Below are some of the tools the City has available to assist development. These descriptions are
in summary fashion and are not intended to address all contract terms, concepts, or options
described in some of these lengthy documents.
I Industrial District"
In 1958, the City created an Industrial Zone adjacent to the city which presently encompasses
approximately 5,500 acres ofland north of Highway 225 and bordering the Houston Ship
Channel. The City annexed sufficient land to completely encircle this Industrial Zone, protecting
it from annexation by any other municipality. The City entered into contracts with all of the
Industries located in the Zone whereby the City annexed a portion of the total value of each
industry with the remainder constituting the protected Industrial District. In addition to the
Industrial Zone north of Highway 225, which is referred to as the "Battleground Industrial
District," the City contains an Industrial Zone on its south side referred to as the "Bayport
Industrial District." The Bayport District, created in 1970, covers 2,500 acres.
The City and the Industries, many of which have come to the Industrial Zone since the original
contracts, are presently under contracts, which extend to December 31,2007. The City currently
has contracts with 61 industries. Under the terms of the current contracts, the City has annexed a
certain portion of the value of each industry on which the industry pays full City tax each year.
The remaining 75% of the total value constitutes the protected Industrial District on which the
industries make payments to the City each year in lieu of taxes. These annual in lieu payments
are in an amount which, when added to the full City taxes on the annexed portion, equal 53% of
what the City's taxes on the industry would be if 100% of the industry were in the City. The
contracts contain a new construction clause that allows new plant facilities to make lieu
payments on 30% of the value of new additions.
Under City Charter and State Statutes, the City of La Porte has the authority, simply by
ordinance of City Council, to annex additional areas.
Inner City Tax Incentive Program for Projects $21 million and over*
The City of La Porte offers tax abatement to qualifying businesses. The City adopted Tax
Abatement Guidelines which Council follows in determining if a company qualifies for tax
abatement.
· subject to change on an annual basis
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March ] ] , 2003
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A company can request the City designate their property as a "reinvestment zone." In
determining whether an area qualifies as a reinvestment zone for the property tax abatement
program, the City Council follows adopted Tax Abatement Guidelines.
The creation of the zone is necessary for a company to enter into a tax abatement agreement with
the City of La Porte. The City Council may approve the creation of these reinvestment zones on
a zone-by-zone basis after a public hearing before the City Council.
In order for City Council to designate a reinvestment zone by ordinance Council must find that
the improvements required to be constructed or repairs to be made within the zone are feasible
and practical and would be of benefit to the land to be included within a zone and to the city.
The company must also meet certain economic qualifications. The planned improvement must
be reasonably expected to increase the value (according to the type ofproject) of the property
upon completion of construction. The company also must be shown to directly create or prevent
the loss of full-time employment for a number of people (according to the type of project)
reasonably required in order to operate the facility efficiently.
If City guidelines are met and approved by City Council, the City may participate in tax
abatement with certain constraints, including no abatement for the first year, 50% abatement for
the next 7 years, and a minimum and maximum eligible value of $2 I million.
. I Harris County Abatement Program.
Harris County also offers tax abatement to qualifying businesses. The County adopted Tax
Abatement Guidelines and Criteria in determining if a company qualifies.
A company can request the County designate their property as a "reinvestment zone." In
determining whether an area qualifies as a reinvestment zone for the property tax abatement
program, the Commissioners Court follows adopted Guidelines and Criteria.
The creation of the zone is necessary for a company to enter into a tax abatement agreement with
Harris County. The Commissioners Court may approve the creation of these reinvestment zones
on a zone-by-zone basis after a public hearing.
The company must meet certain economic qualifications. The planned improvement must be
reasonably expected to increase the value (according to the type of project) of the property upon
completion of construction. The company also must be shown to directly create or prevent the
loss of full-time employment for a number of people (according to the type of project)
reasonably required in order to operate the facility efficiently.
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If Harris County guidelines are met and approved by Commissioners Court, Harris County can
grant up to 100% abatement on the value of the new property for a period of 10 years. The 1-3
year including construction 100% of value can be abated. The 4th year 80% of value can be
* subject to change on an annual basis
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March II, 2003
abated. The 5th year 60% of value can be abated. The 6th year 40% can be abated. The 7-1 oth
year 20% can be abated.
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I Freeport Tax Exemption.
Freeport property includes various types of goods that are detained in Texas for a short period of
time (175 days or less). The goods must be in Texas only for a limited purpose, such as for
storage or facility processing. This exemption was proposed to enhance the ability of certain
areas to attract warehouse and distribution center facilities by offering a special property tax
exemption for the goods they typically handle.
Tax Increment Reinvestment Zone (TIRZ)/Tax Increment Financing (TIF)*
In 1999, Council approved ordinances creating and expanding Tax Increment Reinvestment
Zone Number One (TIRZ). A TIRZ is a development/redevelopment financing tool created by
state legislature that provides a method to finance public improvements in a designated zone
using property "tax increment" funds. Developers of business property within this defined area
may receive financing assistance through the use of tax increment financing.
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The cost of the improvements within the zone is repaid by the contribution of tax revenues by
each taxing unit that levies taxes on the affected properties. The City of La Porte ($0.71/100), La
Porte Independent School District ($.86/100), and Harris County (75% of the tax increment
attributed to the captured appraised value) participate in the tax increment reinvestment zone.
At the time the TIRZ was created, the base taxable value for real property within the Zone was
established. In subsequent years, for the life of the Zone, participating taxing units continue to
collect revenue on the base taxable value. As development occurs, tax revenue is generated on
increased property values resulting from the new development. "Tax Increment" is the
difference between the base taxable value and the increased taxable value for real property
within the Zone. The tax revenue on the incremented value is used to finance public
improvements in the Zone.
I Section 4B II, Cent Sales Tax Fund.
The City's 48 ~ Cent Sales Tax Fund was established to account for public funds devoted to
maintaining and promoting economic development in the City.
The 48 Economic Development Sales Tax adds one-half of one percent onto the current sales
tax. Section 48 tax proceeds may be spent on land, buildings, equipment, and improvements for
certain types of public projects. The City attempts to spend in La Porte, when possible, to invest
in our economic development.
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* subject to change on an annual basis
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March 11, 2003
I Hotel/Motel Tax'
The City collects a Hotel/Motel Occupancy Tax in La Porte which is paid by the occupant of a
room, space or facility in any hotel/motel in the City. The City pays a portion of these funds to
the Chamber to promote tourism and advertise the City of La Porte, in return increasing the
amount of visitors to our fine city, and therefore increasing consumers to our area businesses.
I Utility Oversizing/Participation'
Often the City experiences growth in locations that are not served by utilities. Gaps between
new development and unserved areas create potential areas for City participation. City
pal1icipation is expected to stimulate development in these areas.
I Other'
The City could consider other potential methods for funding needed redevelopment programs in
addition to traditional financing through the City's annual budget, capital projects budget, and
revenue from the issuance oflong-term debt such as:
. Section 4A Economic Development Sales Tax is a tool local government may use to propose
a sales tax rate equal to one-eighth, one-fourth, three-eighths, or one-half of one percent.
Section 4A tax proceeds may be spent on land, buildings, equipment, and improvements for
certain types of projects.
. Job Creation Incentives offer research support and job creation incentive grants to new and
expanding businesses.
. Workforce Development may enhance employment opportunities and to meet the needs of
existing and new industries.
. Other Industrial (Inner City Tax Incentive Program for Projects under $21 million)
. Commercial Tax Abatement is a tool for commercial development projects.
. Residential Tax Abatement is a tool for single family or multi-family development projects.
. Relocation Incentives is a means to facilitate interstate business relocation or expansion.
. Public Improvement District (PIDs) is a means for undertaking public improvements by
allowing a city to levy and collect special assessments for property within the city or its
Extraterritorial Jurisdiction (ETJ). (Note: TIRZ #1 Guidelines allow for creation of PIDs)
. Neighborhood Empowerment Zones could allow for the following incentives:
. Waive or adopt fees related to the construction or inspection of buildings in the zone
. Sales tax refunds/abatements of municipal sales tax on sales made in the zone (less than
10 year period)
. Abating municipal property taxes (subject to duration limits)
. Establish performance standards that encourage the use of alternative building materials
that address the environment, building costs, maintenance/energy consumption
* subject to change on an annual basis
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March II, 2003
. Enterprise Zone is an economic development tool that allows a community to partner with
the State to offer local and state tax regulatory benefits to new or expanding businesses in
distressed areas.
. State Surface Transportation Program funds, via the new federal Transportation Equity Act
for the 21 st Century (TEA-21), may be used for a variety of transportation projects, including
improvements to roads that are not functionally classified as local or rural minor collectors.
. State Transportation Enhancement Funds is a means for improving sidewalks and
streets capes in the community. (Note: City received these funds for palm trees on Highway
225 at Sens Road)
. Grants and loans for Economic Development. A City may provide either a grant or loan of
city funds or services to promote economic development or redevelopment but must insure
that the public purpose of economic development will be pursued by the business through the
creation of jobs, and expansion of the tax base by construction of or enhancement of physical
facilities.
. Community Development Block Grant funds is a means for public infrastructure and
community services. (Note: The City of La Porte can not apply for this State program
because we participate with the Harris County program)
. Tax Increment Financing is a tool that local governments can use to publicly finance needed
structural improvements and enhance infrastructure within a defined area.
. Municipal Management Districts, also called downtown management districts, are created
within an existing commercial area to finance facilities, infrastructure, and services beyond
those already provided by individual property owners or by the municipality.
. Texas Main Street Program is an effort to revitalize central business districts through
rehabilitation of historic commercial structures, combines with efforts to attract new
businesses and re-invigorate existing businesses in downtown areas. .
. Economic Development Administration (EDA) - Public Works 60/40 Match Grant is used
for infrastructure improvements.
. Foreign Trade Zones are sites in or near a U.S. Customs port of entry where foreign and
domestic merchandise is generally considered to be in international trade.
* subject to change on an annual basis
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, .. CITV OF .LA PQRTE
. INFRASTRUCTURE' PLANNING'
An Overview of the City's Efforts to Position Itself
for Future Growth
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· Potable Water System
· Wastewater Treatment System
.. Watershed Planning/Development
· Thoroughfare Planning/Development
· Solid Waste Disposal
· Special.Notation: .
La Porte Tax Increment ~einvestment Zone #1
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'POTABLE.WAT'E'R.SYSTEM :- '. '.
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.... .. -Elevated,Storage Guidelines
-Water Us'e: Projections vs. Capacity
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- Participation in Oversizing
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E~EV ATEC STQRAGE REQUJ,REMENT P~P4ECTIONS '. .
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WASJ:EWA.TER Tlffi.ATMENT -
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. · Increased Service Area and Capacity for
Wastewater Delivery to Gulf Coast Waste
Disposal Authority
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-Service Area Increased From McCabe Road to
Wharton Weems Boulevard
-Allowable Flows to. Gulf Coast Increased From
100,000 gal/day to 500,000 gal/day
- Price"Reducti~n From $0.60 to $0.20 per 1 000 gal.
. !'Term_Is 40 Year.s
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· Improvements will provide tre~tment
capacity for 7.5 million. gaUoJ;l.s per day
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· Participation ~n Oversizing
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have (1) removed financial efficiencies
from proposed operation of La Porte
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- ACTIVE PROJECTS:
~~~IfN1~"~~ INVESTIGATION!
- NO OEFINITIVE ACTIVITY/
SCHEDULE
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MARCH 11, 2003
CURRENT ACTIVITY
LA PORTE THOROUGHFARES
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EA511IDUND . LEFT 'TURN
1. WE\.I.A BLVD. HURlS COUNn
2. ..OOKWOOD DR. HMRIS COUNTY. cm OF LA I'OR1!
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4. 'NlIUNG'fON ....YO. tWIllS COUNn' . cnv OF LA I'OR1!
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Green Space Issues for La Porte
. 0 Parks Master Plan indicators
· Population Based Growth - 10 acres per 1000; 100+ acres short
· Demand Based Growth - array of recreational opportunities
o What Have We Been Doing?
· Park and Open Space Inventory Increases Since 1984 Master Plan
. Little Cedar Bayou Park
. Bay Forest Golf Course
. Northwest Park
. Sea breeze Park
. Brookglen Park
. Glen Meadows Park
. Pine Bluff Park
. Bay Oaks Park
. Northside Park Annex
. Westside Park Property
.
o Improving What We Have
· Parks to Standards Program
· San Jacinto Pool
· Central Park Hockey Rink
· Pedestrian and Bicycle Trail Implementation Plan
· Grants for Improvements to Existing Parks or Other Areas of the City
. Little Cedar Bayou Erosion Protection
· Little Cedar Bayou Pedestrian Bridge
. Little Cedar Bayou Playground
· Sylvan Beach Erosion Protection/Beach Restoration Project
. SH225 @ Sens Road Beautification Project
. Safe Routes To School Project
o Future Development of Open Spaces for La Porte
· Continue to acquire parkland to meet growth requirements
. Driftwood park property
. Spenwick Civic Club property
· Look for additional opportunities for open space acquisition or access
. Hogg Island/Atkinson's Island
. San Jacinto Monument
. Other area opportunities for recreation/beautification
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A beautifully landscaped, well-kept, and maintained city is a source of
Pride for its citizens and a major attraction to future residents
The need to establish an image of environmental quality is fundamental to
a community that wishes to be characterized as a residential community
Vision Statement from 2000-2020 Plan - To be a City that conserves its
natural resources and facilitates a quality natural and built environment
through preservation and enhancement of the visual environment. The
City will establish high standards to ensure quality development that is
aesthetically cohesive and in harmony with the character of the
community.
Objectives:
.
. Beautification of existing and proposed thoroughfares and
thoroughfare intersections in accordance with the proposed
Thoroughfare Plan
. Development of beautification and landmark improvement projects
in selected areas where, because of increased activity, a high level
environmental quality is required
. Definition of areas that, because of their natural beauty, should be
conserved and upgraded in order to ensure these areas from
deterioration
. Development of an identification system for the City that will
permit people to be cognizant that they are in the City of La Porte
. Commitment from City of La Porte and its citizens
. Improve the community character of La Porte to make it a
desirable place to live, work, and visit
. Improve the aesthetic visual environment of La Porte through
enhancement of site design, signage, roadways, parking areas, open
space, and landscaping
. Invest in Downtown La Porte to establish a vibrant mix of places to
work, live, and visit, with shops, restaurants, places of
entertainment, and a variety of dwelling units.
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. Accomplishments:
Enhancements with landscaping at entrances and along Fairmont
Parkway
Clean up of visual blight (graffiti) - ordinance passed to ensure clean up is
completed in a timely manner - donated paint from the City of Houston
Dangerous Buildings Program
Zoning Ordinance Changes
. Introduced and later increased Landscaping Requirements
. Recent restrictions on Stacking of Containers
. Conservation Setbacks
Industrial District Agreements - additional requirement of landscaping
and screenings for improvements along Fairmont Parkway & 225
.
City Facilities - New Buildings/Enhancements
. Library - Joint Venture with Harris County
. San Jacinto Pool Renovations
. Golf Course
. Sylvan Beach Pavilion
. Centennial Statue
Free Mulch Offered to Citizens
Neighborhood Programs - No Expense for installation of Water
TapslMeters for Landscaping Improvements
Main Street Improvements - Street Lights, Sidewalks and landscaping
.
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r=UTUl?1: VLA~~ A~[) Cf)~~I[)I:l?ATIf)~~
Planned Projects:
TexDOT Grant for walking trail from Fairmont Parkway to Bayshore
Elementary on South Broadway
Entrance Signs at FairmontlLuellal South Entrance 146, 146 @ 225 and
225 at Underwood
Palm Trees at 225 and 146 - Monument Area
Palm Trees 225 at Sens Road - TexDOT Grant
Resolution was passed to utilize North E. St. on north side for
butJeringlbeautification
Proposed beautification project by Port of Houston
. Potential Projects:
Monthly Residential and Business of the Month Programs
Donations of TreeslLandscaping In Memory
Neighborhood Clean-Up Days
Enhancements of City Hall Grounds
Beautification Committee
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February 10, 2003
..._ J .
Dear Texas Officials:
....... -...- . -"'- .- ~
Our state is worth preserving, and for 36 years, KTB has been true to our mission to empower
Texans through education to take responsibility for enhancing their community environment. KTB
supports the litter prevention, beautification, and solid waste reduction initiatives in 335 affiliate
communities across Texas. On behalf of the board of directors, members and affiliates, Keep Texas
Beautiful (KTB) would like to cordially invite you to participate in the following events and programs:
Governor's CQmmuntty Achievement Ay.'ards - The GCAA program is one of the most prestigious
annual environmental awards in Texas. Applicants are judged on seven topics: Community
. Leadership & Coordination, Education, Public Awareness, Litter Prevention & Cleanup, Illegal
Dumping & Enforcement, Beautification & Property Improvement, and Solid Waste Management.
One community receiving the highest score in each of the nine designated population categories is
chosen the winner, and shares a portion of $1 million in landscaping prize money.
.
Don't Mess with Texas Trash-Off - Held on April 5, 2003, it is the Texas signature litter prevention
event of the Great American Cleanup sponsored nationally by Keep America Beautiful. Hundreds of
communities participate in conjunction with the Texas Department ef Transportation Adopt-a-Highway
groups making it the largest one-day cleanup event in the nation. KTB offers trash bags and other
incentives to participating communities doing improvement projects. Great American Cleanup
activities occur between from March 1-May 31. We hope your community will join us in our efforts to
make Texas the cleanest, most beautiful state in the nation.
Warren and Omega Chisum Skeet Shoot benefiting Keep Texas Beautiful - The tournament will
take place Thursday, March 6, 2003 from 1 :00-6:00 p.m, and is hosted by Texas Disposal Systems at
their Exotic Game Ranch and Pavilion just south of Austin. Teams of four compete in both skeet and
sporting clays. Following the competition, a late-afternoon BBa buffet prepared by one of Austin's
legendary "down home chefs" will be served, as the winning teams and individuals will be presented
an array of great prizes, You will also be able to view the hundreds of exotic animals such as South
African Addaz, Sables, and Dama Gazelles that live on the ranch,
I have enclosed material,s and registration forms for all of the events and programs listed above. If
you have any questions, please feel free to contact me at 1-800-CLEAN-TX or by emaH at
stacy@ktb.org.
Sincerely,
RECEIVED
Stacy G. C tu
Executive Director
enclosures
CITY MANAGER'S
OFFICE
.
823 Congress Ave., Suite 230 Austin, TX 78701 1-800-CLEAN-TX www,ktb,org
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2003 GREAT AMERICAN CLEANUP APPLICATION & EVENT GRID
1. Please carefully complete this Application
Form AND Event Grid.
2. Type or print information changes or additions.
3. Send to:
Keep Texas Beautiful
823 Congress Avenue, Suite 230
Austin, TX 78701
Or fax to:
512-478-2640
GENERAL INFORMATION:
Provide appropriate information for shipping via UPS
(to receive posters & banners)
Contact:
Title:
Organization:
.
Street Address:
City & Zip:
Telephone:
Fax:
E-mail:
Website:
Shipping Info: (to receive bags)
Contact:
Shipping Address:
City & Zip:
Telephone:
Fax:
PLEASE FILL IN THE
PROGRAM INFORMATION IN THE
BLANKS BELOW
I I Estimated Grand Total
number of Volunteers anticipated for
3-month period: 3/1-5/31/03.
Note: You can count the same person more
than once during the program if they
participate on more than one day. This
number helps us provide you with FREE in-
kind materials.
I I Number of trash bags
needed, if available.
o Please mark .X" only if you DO
NOT want to receive FREE in-kind
materials other than trash bags.
I I Estimated Total Number
of Communities participating in your
Great American Cleanup:
Note: We are defining .community" as
people living in a particular district,
neighborhood, parish, city, or county having
the common interest in, and being impacted
by, the Great American Cleanup.
To determine your total number of
communities, please remember to count each
city or town within a county and also count
the county.
o Yes, I will participate in the Don't
Mess with Texas Trash-Off on April
5, 2003.
o Yes, I wish to receive information
about the Spring 2003 Lake & River
Cleanup Program.
Note: A separate Commitment Form and
Wrap-Up Report are required.
+Please be sure to fill out the Event Grid with
as much Information as possible at this time.
This will help us direct our PR team to help you publicize your events.
.
Keep Texas Beautiful * 825 Congress Avenue, Suite 250 * Austin, TX 78701
1-800-CLEAN-TX * Fax 512-478-2640
.
Grid
.
2003 Great American CleanupTM - Event
Contact Name
.
Phone
Which VIPs
could you include?
(Please be sure to list anyone
well known In the community
who may attend i.e. elected
officials~ TV anchors. etc.)
below
photo opportunities can you
plan?
(Please plan to take photos/video to send
with your Wrap-Up Report. Please try to
take a "before, during & after" photo)
in the spaces
what you can at this time
--
media What
(Using bullets, please describe what
might interest your local media)
in
What could attract local
to this event?
(print/type)
Please fill
Date(s)
(Approximate, if
necessary)
Organization Name
Event(s) Type
*(Suggestions are below
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Renewal
-
*Event T u
LitterlDebris Clear
Tree/Shrub Plantil1
Park/Mise, Construction
Special Promotion
Grid with your Application
or fax this Event
Please mail
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IV fUi'HIf flJ(rI ()/1(tftl OJn;,fUI( !lut !Mot
BeI(elitt~
~
R.cf.lI.p.
,
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Thursday, March 6, 2003
Texas Disposal Systems Exotic Game Ranch and Pavilion
Buda, Texas
1-4:30 p.m. Team Play
3-4:30 p.m. Safari Tour .
4:30-6 p.m. BBQ and Awards
_ 1 Player $750
_ 2 Players $1200
_ 4 Person Team $1500
_ Yes, I am pleased to participate in the Skeet Shoot on March 6.
UI'1f l'UUit " ".,. R.,f r. p. 1ItI,,.,;,. II de. ~~ ". lII,tll'UU;" e,t4I'IuI ,,",'wit
,itdfwflilf' II J II II '"' ,tJ",. filM - ..~ II ",,,,,.,iz~ lit(,;.. IJfI JU'".
. Team Contact Name
Mailing Address
City, State, Zip
Phone
Fax
Email
Payment Method
Amount
Card No.
Card Exp. Date
Billing Address
If different than above
Signature
Check No.
o Visa 0 MC 0 Amex 0 Check Enclosed
~
/
Dignitaries who will attend to assist
Keep Texas Beautiful in its efforts to
make our great state the cleanest,
most beautiful state in the nation:
* Sen. Ken Armbrister
it Sen. Kip Averitt
* Rep. Todd Baxter
* TxDOT E.D. Michael Behrens
* Rep. Dennis Bonnen
* Sen. Kim Brimer
* Rep. Gabi Canales
* Rep. Joe Deshotel
* Sen. Bob Deuell
* Rep. Dawnna Dukes
* Rep. Dan Ellis
* Sen. Rodney Ellis
* Rep. Dan Flynn
* Rep. Charlie Geren
* Rep. Bob Griggs
* Rep. Rick Hardcastle
* Rep. Fred Hill
* Rep. Ruben Hope
. * Rep. Chuck Hopson
* TCEQ Chairman RobertJ. Huston
* Rep. Elizabeth Ames Jones
* Rep. Ruth Jones McClendon
* Rep. Tommy Merrit
* GLO Comm. Jerry Patterson
* Rep. Richard Raymond
* Rep. Debbie Riddle
* TxDOT A.E.D. Amadeo Saenz
* Rep. Todd Smith
* Rep. David Swinford
* Rep. Barry Telford
* Rep. Mike Villareal
* Rep. Buddy West
* Rep. Miguel Wise
*TCEQ Comm. Kathleen White
Fax R.S.V.P. to 512-478-2640
Or mail to Keep Texas Be~utiful * 823 Congress, Suite 230 * Austin, Texas 78701
For additional information contactStacyG. Cantu at 512-478-8813 or 1-800-CLEAN-TX
.
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2001-2002 AWARDS
I
.
.
2002-2003 Awards Deadline:
Completed applications for
the Governor's Community
Achievement Awards must be
submitted to the KTB office by
5 p.m. Tuesday, May 6, 2003.
Completed applications for the
Keep Texas Beautiful Awards
must be submitted to the
KTB office by 5 p.m, Friday,
May 16,2003.
-
Ke'ep Texas
',- I ,"* ~ ..~'
.l?e.~ut);tOJ
.
~
~ Texas
Department
of Transportation
Governor's Community
Achievement Avvards
Every town, city, or county needs a common purpose to create a sense of community. Every year, Keep
Texas Beautiful and the Texas Department ofTransportation award a total of one million dollars in land-
scaping grants to the nine Texas communities whose grassroots environmental programs go beyond creating a
sense of community, they help make that community a better place to live, now and in the future, This year,
your community could be one of those ninel
Balmorhea, Breckenridge, Corpus Christi, lufkin, Muenster, Southlake, Sugar la!1d, Taylor, and Waco
were awarded first place in their population category for the 2001-2002 Governor's Community Achievement
Awards, These nine outstanding communities excel in the areas of community leadership, litter prevention,
public awareness, education, solid waste management and recycling, illegal dumping enforcement,
and beautification.
For 33 consecutive years, KTB has been awarding the prestigious Governor's Community Achievement
Awards for excellence in community environmental programming, The Texas Department ofTransportation has
provided funding for seventeen years. GCAA winners receive a portion of one million dollars, designated for
landscaping projects on state maintained highway.
Uke those that came before them, this year's winners have demonstrated outstanding volunteerism and
ability to nurture partnerships, They have united their efforts in a common purpose - to make a positive
difference to their environment and to help keep Texas beautiful.
Keep Texas Beautiful, the nonprofit state affiliate of Keep America Beautiful, strives to empower Texans
through education to take responsibility for enhancing their community environment. KTB works with volunteers,
el~cted officials, businesses and state and federal agencies to ensure that every Texan has the opportunity
to take individual responsibility for making Texas the cleanest, most beautiful state in the nation. For more
information on programs and events, call1-800-ClEAN-lX or visit the website at www,ktb,org,
Population Categories and Funding Levels
~ CATEG~ORY, ,POPULATION'" FUNDING IEV'EL .
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2001- 2 0 02 GOVER
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Balmorhea In the small west
Texas community of Balmorhea, the gateway to
the Big Bend, nearly everyone participates In
the activities of Keep Balmorhea Beautiful
(KBB). One of KBB's main focuses is eco-
tourism, nature tourism, and the promotion of
the natural resources in the area.
Certainly water and its conservation are
major priorities of the area, Therefore, water
. conservation education is at the top of the list
when it comes to environmental issues, The
community comes together on nearly all
projects including student-organized campus
cleanups, the development of a Uberty
Garden, Earth Day activities, managing
cleanups through the area's numerous Adopt-
a-Highway groups, lake and canal cleanups,
and Christmas tree recycling (uniquely the
Christmas trees are deposited in Balmorhea
lake to provide a habitat for fish,)
Success has come to Keep Balmorhea
Beautiful through an array of partnerships
including the city's mayor and city council, city
staff, Texas Department ofTransportation, Texas
Parks and Wildlife, Reeves County, Reeves
County Water District, Veterans of Foreign Wars,
Balmorhea School District, youth groups, local
businesses, the Balmorhea News, and the
. Chamber of Commerce.
Muenster Uttering and illegal
dumping in Muenster have become socially
unacceptable, Highlights of Keep Muenster
Beautiful's year included an incredible 3,300
hours of volunteer time working on such proj-
ects as Texas Recycles Day, Make a Difference
Day, Don't Mess with Texas Trash-Off, and
Adopt-a-Highway cleanups, as well as beautifi-
cation projects on Main Street and the Keep
Muenster Beautiful Park. A local volunteer
forester assisted KMB in obtaining 100 new
trees for the community this past year, Local
businesses go above and beyond the call of
duty by offering various recycling opportunities
for local citizens, and the community's nation-
ally known Germanfest was proClaimed a "litter
free event" this past year,
Youth in Muenster also playa major role
in the efforts of Keep Muenster Beautiful as
two student representatives from each school
serve on the board of directors and involve all
the students in cleanup and beautification
efforts. In addition, other youth groups and
scout troops play an active role in KMB
activities. The Boy Scouts have even adopted
a section of local highway in the state's
Adopt-a-Highway program,
Breckenridge Designated the
Mural Capital of Texas by the Texas Legislature,
Breckenridge has much to brag about
Historical sepia murals have turned some of
the most unsightly buildings into amazing
works of art. One of the bonuses of this effort
is the reduction in graffiti,
The Stephens County Beautification
Association's (SCBA) successes this past year
include more than 8,300 volunteer hours, the
ongoing projects of the Jr. Main Street Club
and the Breckenridge Youth Group, 14 Adopt-
a-Highway groups, and the citywide Great
American Cleanup/Don't Mess with Texas
Trash-Off, The Jr. Main Street Club is an organi-
zation of students who assist with litter pickup
and upkeep of 28 downtown flower boxes. The
Breckenridge Youth Group focuses on summer
projects that help property owners clean up
and fix up their homes. This energetic group
can be seen painting, repairing broken win-
dows, mending porches, fixing and hanging
doors, constructing wheel chair ramps, repair-
ing roofs, and removing dead trees and shrubs
from local homes.
This past year the SCBA sponsored the
Annual Recycling Fair. Nearly 800 students
participated in the month-long fair, yielding
2,300 pounds of recyclable materials collected,
In addition, the popular Stephens County
Frontier Days was successfully promoted as a
"litter-free event".
OR' S - \, 0 M M U N I I T Y A C~
, .
"y lor Keep Taylor Beautiful is all
about partnerships, Taylor has successfully
partnered with the mayor, city council members,
county commissioners, business owners,
students, and civic organizations. The organiza-
tion helped maintain the junk car ordinance,
provided a "green classroom" at a local
elementary school, and initiated the
prestigious Beautiful Property of the Month
Award. Keep Taylor Beautiful has involved youth
organizations including Temple College at
Taylor, publiC and private schools, scout
troops, the YMCA after-school program, and
church groups.
Joining with the Williamson County and
Cities Health District, Keep Taylor Beautiful led
the way to plant community vegetable gardens
and combine the popular Adopt-a-Walk with
C Just Move It campaign. The Adopt-a-Walk
gram is an invitation to all citizens to
pick up litter as they exercise. Williamson
County's Health and Human Services and
VISTA has mapped out 27 routes for citizens
to follow. Thirteen of those routes have been
formally adopted and cleaned of litter on a
regular basis.
.
Sou thlake Achievement comes
through numerous partnerships and programs
for Keep Southlake Beautiful (KSB): the
Xtreme Clean Sports Team Program, KSB's
newsletter The Redbud of Southlake, the
second edition of A Touch of Nature, their own
column in the Southlake Journal, teachers
who integrate environmental curricula into their
classrooms, the City Street Tree Program,
co-sponsorship of local business recycling
initiatives in conjunction with Leadership
South lake, and the popular Adopt-a-Street
project, More than 35 Adopt-a-Street partners
have adopted more than 66 miles of local
streets and 183 acres of parks,
Students receive an array of environmen-
tal-based learning projects throughout the year
courtesy of KSB and include Fort Worth's
"Captain Crud" (the storm drain curriculum),
Durham Elementary School's geology outdoor
exhibit, and Waste in Place. Schools also have
the opportunity receive KSB's annual Flying
Oak Tree Award given in May to those schools
who have accomplished projects in the areas
of Think Globally; Act Locally; Touch on Trash;
Southlake, Beautiful Southlake; Rora & Fauna
Forever, and Waste No More.
L uikin Positive environmental-themed
messages were key to the success of Keep
Lufkin Beautiful (KLB) this past year, Students
were thrilled with the Little People's Litter
Puppet Show, and first graders were more than
eager to visit with "Auntie Litter", who passed
out Keep America Beautiful's coloring books
filled with anti-litter messages, Third graders
raised butterflies and released 1,500 of them
during the ceremony for the Texas State Arbor
Day Observance,
Volunteers of all sizes and ages donated
their time to such projects as the annual Great
Forest Trash-Off and Great American Cleanup,
A new litter prevention and cleanup campaign
entitled "Are You East Texas Class or Are You
East Texas Trash?" was unveiled. During KLB's
Utter Prevention Week, a new media campaign
entitled "Utter Bugs Me - Stop Trashing
Angelina County" cleverly attracted attention
from the citizenry, The message also helped
spread the word that illegal dumping and
uncovered trucks will not be tolerated in the
community. To top that off, KLB sponsored the
8th Annual Law Enforcement Appreciation
Luncheon that expresses thanks and honors
the area's local law enforcement for their
efforts. Keep Lufkin Beautiful's (KLB) first ever
Don't Mess with Texas Spring Ring raised
nearly $6,000 for this non-profit organization,
-IEVEMENT AWARDS
Sugar Land For every city dollar
contributed; Keep Sugar Land Beautiful (KSLB)
was able to return $7.45 back into the com-
munity, Youth education programs have
reached a pinnacle level for KSlB with more
than 650 teachers receiving training using
such environmental curricula as Water
Education for Teachers (WET), Project learning
Tree, Junior Master Gardener, and Waste in
Ace, KSlB is also known for its outstanding
'erless Uttle league where the litter abate-
ment message "Play Hard, Play Clean - Strike
Out Trash and Recycle" is seen annually by
more than 3,000 youth and 5,000 adults.
Players, coaches and spectators signed pledge
cards at the beginning of the season promising
not to litter.
In conjunction with the Fort Bend Ubrary,
representatives of 79 public and private
schools attended an educator open house.
KSLB regularly offers tours at the Oyster
Creek Wetlands an"d works with scout troops.
KSLB marked 365 storm drains, provided
yard care kits for new Habitat for Humanity
Homes in conjunction with the Sugar Land
Garden Club, and planted a new one-half acre
wildflower field in one of the city's parks,
Working in partnership with the city's largest
.homeowners' association, KSLB held the 1st
Annual Fort Bend Home and Garden Show
with more than 700 people attending the
two-day event.
Waco With an impressive list of partners
including 23 neighborhood associations, Waco
and Midway ISO, the City of Waco, numerous
local business and civic groups, and state
agencies, Keep Waco Beautiful (KWB) had an
incredible year. Their partnerships have resulted
in 46 Adopt-a-Spot, Street and Park agree-
ments, 7,500 trees planted, 203 Christmas
trees mulched, 50 houses for the elderly and
handicapped painted, more than 23,000
poundS of telephone directories recycled, and
nearly 4,000 tires collected. Nearly 8,000
volunteers donated nearly 50,000 hoLirs to
accomplish KWB's mission.
Two major beautification projects were
completed this past year including the
incredible Heritage Square and the laSalle
Avenue project, The once thriving center of
downtown was demolished by a tornado 50
years ago, Over the years, the area became an
asphalt parking lot and was left as an eyesore
for decades, It is now the shining star. Lush
landscaping, fountains, stone benches and
tables and thousands of pavers and bricks
adorn the area for all Waco residents to enjoy.
The "greening" efforts of KWB can be
seen everywhere as this year the organization
planted or provided funding through grants
for 6,000 trees and plants in the wetlands,
numerous pecan, cypress, and bradford trees,
and 300 crepe myrtles on 25 medians along
laSalle Avenue,
Corpus Christi
The Beautify Corpus Christi Association (BCCA)
celebrated its 35th anniversary in 2002. The
organization's information appears on four
websites, including the city's website which
receives approximately 15,000 hits a day. The
local newspaper, radio and television media
pitched in offering ongoing articles and even
produced public service announcements in
support of BCCA's efforts.
Educators were the winners this year
as they received Waste in Place training,
developed campus recycling programs and
created butterfly gardens with their students.
Toby Globie, a bilingual environmental educa-
tion program, was offered at a local day care
center for kindergarten through 2nd grade,
During BCCA's sponsorship of the Don't
Mess with Texas Trash-Off, more than 300
storm water inlets were cleaned and removed
of more than 13 tons of debris. During Earth
Day/Bay Day, BCCA handed out more than
3,500 trees to attendees.
In conjunction with the city of Corpus
Christi, utility bill inserts promoted disposal
alternative information to 85,000 residents
throughout the year, In addition, the organiza-
tion hosted and participated in cleanup and
beautification programs such as Stop Trashing
Corpus Christi, Adopt-a-Beach, Big Shell Clean
Up, Make Amends Program, Alternative
Incarceration, and the Spoil Island Clean Up.
Congratulation~
Ruthe Jackson Youth
Leadership Awards
Off Campus
1st Place Lake Jackson Youth Advisory
Commission, Lake Jackson
Sadie Ray Graff Education
Leadership Awards
Elementary School
1st Place Rockenbaugh Elementary School,
Southlake
High School
1st Place Grable's Grasshoppers 2001-2002,
Lake Jackson
School District
1st Place Denton I.S,D" Denton
Teacher/Educator/School Official
1st Place JoAnne Burch, Pearland
Civic Organization
Leadership Awards
1st Place Beautification
Hana & Arthur Ginzbarg Nature Discovery
Center, Bellaire
1st Place Community Improvement
Rowlett Lions
e
Individual Leadership Awards
1st Place Gene Keenon, Kilgore
O.P. Schnabel Senior Citizen Awards
1st Place Female Mrs, Frances B. Sturgis, Waco
1st Place Couple Eleanor and
Logan Damewood, Longview
Government Award
1st Place Regional North Central Texas Council
of Governments, Arlington
1st Place Local City of Sugar Land
Adopt-a-Hlghway Awards
Adopt-a-Highway Volunteer Group
1st Place King County 4-H, Guthrie
TxDOT Maintenance Section Employee
1st Place Patsy A. Taylor, Grayson County
Media Awards
Television
1st Place KXAN-N 36/L1N Television, Austin
Newspaper
1st Place Breckenridge American, Breckenridge
Commercial! Promotional
1st Place HCN, Haltom City
Ebby Halliday and Maurice Acers
Business/Industry Awards
1st Place BASF, Freeport
-
Keep Texas Beautiful
823 Congress, Suite 230
Austin, Texas 78701
e
.
.
e
NONPROAT QRG
U,S, Postage
PAID
Austin, Texas
Permit No. 673
RSVP
Send us an application and more information explaining how our community can participate
in the Keep Texas Beautiful and Governor's Community Achievement Awards.
Community:
Contact Name:
Address: .
City, State Zip:
Phone:
Fax:
Email:
Return this form by fax to (512) 478-2640, or by mail to 823 Congress, Suite 230,
Austin, Texas 78701
Deadline: Completed applications for the Governor's Community Achievement Awards must be submltt!ld to the KTB office by 5 p.m. Tuesday,
May 6, 2003. Completed applications for the Keep Texas Beautiful Awards must be submitted to the KTB office by 5 p.m. Friday, May 16, 2003.
Late entries will be disqualified.
National Arbor Day Foundation Programs - The National Arbor Day Foundation
e e
Page 1 of2
~ The NatiGI1:aI
~ArbO'[' Day Fou.ndation.
. ~. -.
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Tree Cities by State
ISelect One .:.:1
Poster Contest Winners
ISelec.t One .-B
.
. Arbor Day Farm
. Arbor Day Awards
. Building With Trees
. Celebrate Arbor Day
. Conferences I Seminars
. Conservation Trees
. Rain Forest Rescue
. Tree City USA
. Tree line USA
. Trees for America
. Youth Education
. FAQs .
. Privacy Statement
...................... .
'" am myself and what is around
me, and if I do not save it, it shall
not save me."
- Jose Ortega y Gasset
.
arb~lrday .org
,~ tMi)'"
II'mDI f.i;,~~{:JThm)}M.)~ ~ ~ Erma Ii_
Tree City Standards
Benefits of Being a Tree City ;--
Tree City Standards '>
Request an Application j,
Tree City Growth Awards ..,
Shop for Tree City Supplies :.
Community Foresters Directory '.'
Conferences and Seminars,.
TREE em USAa Tree City USA Directory.'
The Four Standards of a Tree City USA
1. A Tree Board or
Department
To qualify for. Tree. City. USA, a.town.or city.
must meet four standards established by The
National Arbor Day Foundation and the
National Association of State Foresters.
2. A Tree Care Ordinance
3. A Community Forestry
Program With an Annual
Budget of at Least $2 Per
Capita
These standards were established to ensure
thate.vesy. qualifying. community. WQuJd.hav.e.c.
viable tree management plan and program,
4, An Arbor Day Observance
and Proclamation
It is important to. note- that they. were-also.
designed so that no community would be
excluded because of size,
1. A Tree Board or Department
Someone must be legally responsible for the care and management of the communitv's
trees. This may be a professional forester or arborist, an entire forestry department or a
volunteer'tree. board: Often; botl,. a- professional' staff and. advisory,tree- board- are-presen
which is a good goal for most communities. A tree board, or commission, is a group of
concerned volunteer citizens charged by ordinance with developing and administering a
comprehensive tree management program. Balanced, br~sed.community. involvem
is encouraged. Boards function best if not composed entirely oftree-related professional
such as forestry professors, nursery operators, arborists, etc. Fresh ideas and-cflfferent
perspectives are added by citizens with an interest in trees that is entirely avocational.
Umited, staggered terms of service will prevent stagnation or burnout, while at the same
time assuring continuity:
2. A Tree Care Ordinance
The tree ordinance must designate the establishment of a tree board or forestry departm
and give ~ bQdy. the r.e.sP.QnsibilitY. far. writing. and. implB.menting.an. annual_ co.rnmunitY.
forestry work plan. Beyond that the ordinance should be flexible enough to fit the needs
and'circtlmstances otthe particular community: A tree ordinance provides an opportunit)
set good policy and back it with the force of law when necessary. Ideally. it will provide
dear guidance for planting, maintaining and removing trees from streets, parks and othe
public places.. For tips and. a-checkHst. of. important-items- to. consider in-writing or improvi,.
a tree ordinance, see Bulletin No, 9.
http://www.arborday.orglprograms/TreeCityStandards.html
3/17/2003
National Arbor Day Foundation Programs - The National Arbor Day Foundation
e e
Page 2 of2
3. A Community Forestry Program With An Annual Budget Of
At Least $2 Per Capita
.
Evidence is required that the community has established a community forestry program 1
is supported by an annual budget of at least $2 per capita. At first, this may seem like an
impossible barrier to some. communities.. Howevef., a little. investigation. usually. reveals th
more than this amount is alreacly being spent by the municipality on its trees. If not, this
may signal serious neglect that will' cost far more i"n the long run, rn such a case, workinG
towar.d. Tr.~~ City USA r.~c;Qgl)iliQn. can. b.ll Lls.~d. tQ r.ll-examin~ thll C,QmmunitY.'s. b.u~t.
priorities and re-direct funds to properly care for its tree resource before it is too late.
Ideally, this standard.wiIt'be metby.focusing.funding on' an. annual work, plan' developed'
after an inventory is completed and a report is approved by the city council. Such a plan
address species diversity, planting needs, hazardous trees. insect and disease problems
and a patter:n.of. regular. care.suclus.pruning.and watering.
4. An Arbor Day Observance and Proclamation
.
This is the least challenging and probably the most enjoyable standard to accomplish. AI
Arbor Day celebration can be .simple and brief or an all-day or all-week observation. It ca
be a simple tree planting event or an award ceremony that honors leading tree planters.
children., Arbor Day. may. be.their only. exposure to.the.green.worfd.or- a.springboard to.
discussions about the complex issue of environmental quality, The benefits of Arbor Day
far beyond the shade and beauty of new trees for the next generation. Arbor Day is a
golden opportunity for. publicity and. to. edu.cate. homeowners. about proper. tree care. Utilil
companies can join in to promote planting small trees beneath power lines or being care'
when digging. Smokey Bear's fire prevention messages can be worked into the event, aE
can conservation education about soil erosion or the need to protect wildlife habitat Still
another way to develop Arbor Day is to link it with a tree-related festival. Some that are
currently. celeb1'ated. include. dogwood. festivals, locust. blossom festivals and. Maconj
Georgia's Cherry Blossom Festival that annually brings more than $4,25 million into the
local economy, In meeting the four standards, help is available! The urban and communi
forestry coordinator. in. your. state. forester's. office. wiU. be. happ)l to. work with. communities.
taking these first steps toward better community forestry.
To receive a free Tree City USA
booklet, call (402) 474-5655
Monday.-Friday.
8:00 a.m. to 5:00 p.m. CST
or e-mail your request to
treecity@arborday.org
~ SUppOllt:
~ FI.~t,~ds of
Tltee Ulty lIS1\
Are YQu.int~.r.e$te.d.in becoming. a designated. Tr.E.
City?
(.;///(/, /lNI(.
Check out the Benefits and Standards and ma
your application now.
Support Tree City USA where you live.
.
Privacy Statement
100 Arbor Avenue Nebraska City, NE 68410 I www.arborday.org
http://www.arborday.org/programslfreeCityStandards.html
3/17/2003
National Arbor Day Foundation Programs - The National Arbor Day Foundation
e e
Page 1 of2
~ The NanGttaf
. W Arbor Dat Fou.ft_d:ttiOU.
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Tree Cities b~ State
tSeJect.One. 3'
Poster Contest Winners
ISefed One . . ..::1
.
. Arbor Day Farm
· Arbor Day Awards
. Building With Trees
. Celebrate Arbor Day
. Conferences I Seminars
. Conservation Trees
. Rain Forest Rescue
. Tree City USA
. Tree Line USA
. Trees for America
. Youth Education
. FAQs
. Privacy Statement
..~...................
"Acts of creation are ordinarily
reserved for gods and poets. To
plant a pine, one need only own a
shovel."
- Aldo Leopold
.
arbord:ly.org
~C.AR,.
IRIml ftllIffi@1j}j,r1~ ~ ~ temra ~-
.Tree City Benefits
Benefits of Being a Tree City! .
Tree City Standards :..
Request an Application ,.-
Tree City Growth Awards (,
Shop for Tree City Supplies ~'
Community Foresters Directory '..
Conferences and Seminars:'
Tree City USA Directory:
TREE CI1Y USA..
Every community, regardless of size, benefits in different ways from being a Tree City u:
Reports of these benefits hav&.reached The National Arbor Day Foundation through the
years and are summarized below in six general categories:
Framework for Action
Meeting the four standards for becoming a Tree City USA provides initial drection for an
urban or community forestry program, Uke the first rungs on a ladder, the standards hel~
get a community started toward.annuaJ., systematic management of. its-tree-resour~.
Education
Education begins with discussion of..the standards and. getting' organized. to apply'for- Tre
City USA status. It continues as the desire for Tree City USA recognition leads to contac
with the state forester's staff, In turn, this can set in motion aid from a variety of
professionals in. the- form of technical adYice~ literature; films, and.othef: assistance,
Public Image
A community's public image is a very real phenomenon and Important in many ways, Bei
a Tree City USA helps present the kind of image that most citizens want to have for the
place they live or conduct business. The Tree City USA signs at community entrances te
visitors that here is a community that cares about its environment. It is also. an. indication-
prospective businesses that the quality of life may be better here. It has even been know
to be a factor in where meetings or conferences have been held. This reason alone caus
a motel owner to start action. for his. community. to, join. the network!
Citizen Pride
Pride is sometimes a less tangible benefit Gaining- and, retaining Tree City USA recognit
is an award to the tree workers, managers, volunteers, tree board members and others "
work on behalf of better care of a community's trees, Non-involved citizens, too, often sh
a sense of pride that theirs. is a. Tre& City, USA. This may translate to better care of. trees
private property or a willingness to volunteer in the future,
Financial Assistance
Preference is sometimes given to Tree City USA communities over other communities
when allocations of grant money are made for trees or forestry programs. The reason is
that there are invariably. more- requests than. available- funds when. grants are. available.
through state or federal agencies, If requests are equally worthy, some officials tend to
http://www.arborday.orglprograms/TreeCityBenetits.html
3/17/2003
National Arbor Day Foundation Programs - The National Arbor Day Foundation
e e
Page 2 of2
have more confidence in communities that have demonstrated the foresight of becoming
Tree City USA.
.
Publicity
Presentation of the Tree City USA award and the celebration of Arbor Day offer excellerr
publicity opportunities. This results not only in satisfaction for the individuals involved am
their families, but also provides one more way to reach large numbers of people with
information about tree care, As one forester put it, "This is advertising. that money can't b
- and it is free!"
To .receive a free Tree City USA
booklet, call (402) 474-5655
Monday-Friday
8:00 8.m, to 5:00 p,m. CST
or e-mail your request to
treecity@arborday.org
~ SUppOllt,
~ Flliends of .
Tltoo fJityUS1\
.~OJ USA -
. \"} q \'
Ci-;.. '~..l'
.,v:,.' ~~~,
4.~ .. ~;". .li'~~. 1.
,:..... ~ I ~..\. JI
Are you interested. in becoming a- designated' TIl'
City?
(':jfup /IN((
Check out the Benefits and Standards and ma
your application now.
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Support Tree City USA where you live.
Privacy Statement
100 Arbor Avenue Nebraska City, NE 68410 I www.arborday.org
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http://www.arborday.orglprogramslfreeCityBenefits.html
3/17/2003
e TREE CITY USA e
Applica,tion
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lJ]m"I axm.pEeeed ~~ 1.lrith r.equert.ed attachments to )o"Qur state forester no later tban Decembel" 31-
'lh 'F.IlLEE CiT'i" liSA Q,\I;<ard is made in remgnitioo lIf wQrk t:llUlph:ted by tne r:il;y during the C3;lendar S'etIE'.
I?lease pnwtde io.formauoo rtl~ tIm .rear cDiling.
(SuIDe &ta.'fe6. ~ire illrorm.'1tlon in. "dditiol'l to that requested on this apllUro.HoJ:l. Check with }'OUl" SUI.tt'! (oresl.t:rJ
As
of the city of
o::i1Ja - Ma)"Ol:' ar~ei.t.y ofr'~li
!: l~th mrlllbe spp[iol'lioa ror Lbi.s eq:P1lDunity to Ix,. oill"iciaJl.y rP.C:IJgI1li;l'.r.d Il;n,d ~;gtllI.tP.d :'IS II Tree. City USA fur
lIdLieve:f tDa~ ~ {get forth by The }\'.ati1Ja;a[ Arbol:' Dny FoundatiOn 1111 EKrtl.od &tekrw.
. having
i)~l
St1aodant 1\: & TI:t!e Balir.d. ur Depart.nu~Jli.t
Li!l!!t date arcsfalDnshlnent or 1iJ'llI.CI~. board me.mbeN, snd nU!l!ttD~ dlH.U!1l for the ~lIJlt. Yf.!H.r, fir DlLme or dj:y depa:rtmen t llnd
arsl:fsgeJ:'_
Stamlard 2: A CoDmJJuaity Tree Ordinao.oo
.~ ~estnbllabcd.
AD:at<.hi m-dill1lna)..
Stand"anf 3'= A. CDmllliD;uity Fonstlry prugmm ",~.th an Annual Budget ot at Leaat $2: Pel." Capita.
ThfaJ mmmuDi~ fOrel;;try expeaditures .,.._....,...................................................,.........-..............,....... $
CGlnutlUtit.y popubj;jg,Jl ....._........,_..._..,.._....._...._....,....."..........,,-....-..,..-........,..-....,...,.,....".......
~ annual wm:t. plan: 6llltl:in.ing the work: car.r.ied Clut during, the p.ut ~'esJ'. Attach br.cakdowD or mmmunity.lOre!ll:l'y elrptlndif.A1teJ.
StamIMd 4: ArD Arbor- Day Ob!l4!1"YDftCC ud. Pa:lelamatiodl
Ds.tfi ~r.vaDcI! tv.. aeld
~~ pnlgr'dl~ eG rutivitiet> IlndliW QeWll. t:QVP.r." Attach AtboT-. Day' pTOCIam.lI>tirm..
Sign3Ul1e
Title
Dati!
~... twe ~ primttlte fiJl:bwia,g;
~"w ar'eq~i.'-1entl
N".me:
City Foll'estry Contact
NlI;m~
Tet&e;
Ad.dJ.ws:
City. State., Zip;
~.:
'J1~;
Address:
City. State-. Up:
Phoae II:
NClTil; /tp[....N_....~ _ill.WJCl be ~ wil.l.....t At.tau:baocu.1.L
Certmca.tion
(TQ. Be Completed By The Stete ~m)
(Comm.~lIity)
TbB a~ n~ mmmunlty P3$lnade forn:Jat appHc::ation to. ~ offic:e. tam plea.9ed to a.d~rise you that we reviewed the
appliea.tLofl: .a:mf Im.VI!!. co.o.elucled tnaa. based on tbe iofo,nm.ation contained, herein. saidl community is eligibte to be
mcggni'zed and. desi:gn1\:tad. aa a Tree. Cil:]l USA. Cor the . . calendar )'1!8IJ\ having in my opinion. met the fom-
sts:M'a:rck IlFf' S!Chje~m in urban fomstry.
i Signed
StaO! FlRl'!!IW
.l"eNIJI'flIn. State POftSter"& Otnee WhoO. shouN; rece,~ve recop.iltioD. matertal:
I!ot.:amf'':, Address:
TiitJ1o.: Citj'. SJiate., Zip.:
~r:j.": Pilfme"
Date
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State Legislation
· Resolution
· Letter Regarding La Porte Issues
.TML Update
.City Legislative Tracking Chart
· Next TML Status Meeting - April 14
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS ADOPTING A LEGISLATIVE OMNIBUS FOR THE 78TH STATE
LEGISLA TIVE SESSION FOR mE PURPOSE OF DEFINING THE POSITION
OF THE CITY OF LA PORTE.
OMNIBUS LEGISLATIVE POLICY
A governing policy to enable the Mayor to direct the City of La Porte's legislative
activities, absent specific positions taken by the City Council.
A. The City of La Porte will support legislation that:
1. Furthers the principles of Rome Rule and local self-governance
2. Brings additional revenue to the City of La Porte.
3. Strengthens.the ability of the City to act in the best interest of its citizens'
health, safety, and welfare.
B.
The City of La Porte will oppose all bills that seek to:
1. Counter the principles of Rome rule and local self-governance
2. Impose unfounded mandates to the City
3. Limit authority of the City to generate revenue
4. Create a loss of revenue to cities, or
5 . Weaken the ability of cities to act in the best interest of its citizens' health,
safety, and welfare
Passed by the City Council this 24TH day of March, 2003.
CITY OF LA PORTE
Norman L. Malone
Mayor
ATTEST:
Martha A. Gillett
City Secretary
APPROVED:
Knox W. Askins
City Attorney
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City of La Porte
Established 1892
March 12, 2003
Honorable Mike Jackson
State Senator
. 1109 Fairmont Parkway
Pasadena, TX 77504
Dear Honorable Mike Jackson:
I apologize for contacting you so late in the legislative session. I recognize that Friday, March 14th, is the last
day for filing bills. Hopefully, our request is simple enough that it can be considered this session.
Current legislation allows "eligible coastal municipalities" to spend hotel/motel tax revenues for a variety of
activities. These activities include either the financing or maintenance on improvement of parks, civic centers,
auditoriums, exhibit halls, coliseums, marinas, cruise ship terminal facilities, packing facilities, golf courses,
transportation and other facilities, etc.
An "eligible coastal municipality" is defined as "a home-rule municipality that borders on the Gulf of Mexico and
has a population of less than 80,OOOD. As written, the definition does not include communities that border on the
bays and estuaries of the State.
Many cities that promote the bays and estuaries as a tourist attraction and destination could certainly improve
their tourism opportunities by constructing or maintaining such facilities. Additionally, the problems associated
with beach/waterfront maintenance are just as relevant for Bayfront Cities. Unfortunately, we do not have the
use of hotel/motel revenues to assist in addressing these issues.
We in La Porte, respectfully request that you and our other legislative representatives introduce and support
passage of an amendment to the definitions by adding definitions of eligible Bayfront Municipalities to include
Texas cities that border estuaries, bays and connecting their navigable waterways and allowing certain
expenditures at local option.
I thank you for your consideration.
If you need further information, please feel free to contact us.
JJ/ml
Attachments
xc: Honorable Wayne Smith, State Representative
Honorable John Davis, State Representative
La Porte Mayor and Council
Debra Brooks Feazelle, City Manager
Texas Municipal League
604 W. hirmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
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Proposed Chanees
Section 351.001. Definitions
Add after (3)
"Eligible Bayfront municipality" means a home-rule municipality that
borders on bays and estuaries of the State and has a population of less than
80,000.
Section 351.105. Allocation of Revenue: Eligible Bayfront Municipalities
Add to Section (a)
An eligible Bayfront municipality that levies and collects an occupancy tax
authorized by this chapter may pledge a portion of the revenue to either or
both the following purposes:
This is existinll
(1) the payment of the bonds that the municipality or a park board of trustees may
issue under Section 1504.002 (a), Government Code, or under Chapter 306,
Local Government Code, in order to provide all or part of the funds for the
establishment, acquisition, purchase, construction, improvement, enlargement,
equipment, or repair of public improvements, including parks, civic centers,
civic center buildings, auditoriums, exhibition halls, coliseums, marinas,
cruise ship terminal facilities, hotels, motels, parking facilities, golf courses,
trolley or trolley transportation systems, and other facilities as may be
considered advisable in connection with these facilities that serve the purpose
of attracting visitors and tourists to the municipality; or
(2) the maintenance, improvement, or operation of the parks, civic centers, civic
center buildings auditoriums, exhibition halls, coliseums, marinas, cruise ship
terminal facilities, hotels, motels, parking facilities, golf courses, trolley or
trolley transportation systems, and other facilities as may be considered
advisable in connection with these facilities that serve the purpose of
attracting visitors and tourists to the municipality.
Tax - CHAPTER 351
Page 1 0 f 16
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SUBTITLE D. LOCAL HOTEL OCCUPANCY TAXES
CHAPTER 351. MUNICIPAL HOTEL OCCUPANCY TAXES
SUBCHAPTER A. IMPOSITION AND COLLECTION OF TAX
S 351.001. Definitions
In this chapter:
(1) "Municipality" includes any incorporated city, town, or village.
(2) "Convention center facilities" or "convention center complex"
means facilities that are primarily used to host conventions and
meetings. The term means civic centers, civic center buildings,
auditoriums, exhibition halls, and coliseums that are owned by the
municipali ty or other governmental entity or that are managed in
whole or part by the municipality. In a municipality with a
population of 1.5 million or more, "convention center facili ties" or
"convention center complex" means civic centers, ci vic center
buildings, ~auditoriums, exhibition halls, and coliseums that are
owned by the municipality or other governmental entity or that are
managed in part by the municipality, hotels owned by the municipality
or a nonprofit municipally sponsored local government corporation
. created under Chapter 431, Transportation Code, within 1,000 feet of
, a convention center owned by the municipality, or a historic hotel
owned by the municipality or a nonprofit municipally sponsored local
government corporation created under Chapter 431, Transportation
Code, within one mile of a convention center owned by the
municipality. The term includes parking areas or facilities that are
for the parking or storage of conveyances and that are located at or
in the vicinity of other convention center facilities. The term also
includes a hotel owne9- by or located on land that is owned by an
eligible central municipality or by a nonprofit corporation acting on
behalf of an eligible central municipality and that is located within
1,000 feet of a convention center facility owned by the municipality.
~ '(3) "Eligible ~oastal municipality" means a home-rule municiPal-i;~)
~' hat borders on the Gulf of Mexico and has a population of less than
~Il' 80,000.
(4) "Hotel" has the meaning assigned by Section 156.001.
(5) "Tourism" means the guidance or management of tourists.
I' (6) "Tourist" means an individual who travels from the individual's
. residence to a different municipality, county, state, or country for
pleasure, recreation, education, or culture.
http://www.capitol.state.tx.us/statutes/talta003 51 OO.html
8/2/2002
Tax - CHAPTER 351
Page 11 of 16
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S 351.105. A~~Q.c~tion of Revenue: Eligible Coastal Municipalities
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(a) An eligible coastal municipality that levies and collects an
occupancy tax authorized by this chapter at a rate of seven percent
shall pledge a portion of the revenue equal to at least one percent
of the cost of a room to either or both of the following purposes:
(1) the payment of the bonds that the municipality or a park board of
trustees may issue under Section 1504.002 (a), Government Code, or
under Chapter 306, Local Government Code, in order to provide all or
part of the funds for the establishment, acquisition, purchase,
construction, improvement, enlargement, equipment, or repair of
public improvements, including parks, civic centers, civic center
buildings, auditoriums, exhibition halls, coliseums, marinas, cruise
ship terminal facilities, hotels, motels, parking facilities, golf
courses, trolley or trolley transportation systems, and other
facili ties as may be considered advisable in connection with these
facilities that serve the purpose of attracting visitors and tourists
to the municipality; or
(2) the maintenance, improvement, or operation of the parks, civic
centers, C1V1C center buildings, auditoriums, exhibition halls,
coliseums, marinas, cruise ship terminal facilities, hotels, motels,
parking facilities, golf courses, trolley or trolley transportation
systems, and other facilities as may be considered advisable in
connection with these facilities that serve the purpose of attracting
visitors and tourists to the municipality.
(b) If the tax authorized by this chapter is imposed by an eligible
coastal municipality at a rate of four or more percent of the cost of
a room, no lesser amount than the amount of revenue derived from the
application of the tax at a rate of three percent of the cost of a
room shall be used for the purpose provided by Section 351.101(a) (3).
(c) If the tax authorized by this chapter is imposed by an eligible
coastal municipality at a rate of five or more percent of the cost of
a room, no lesser amount than the amount of revenue derived from the
application of the tax at a rate of one percent shall be used for
beach patrol, lifeguard services, marine water safety, and park law
enforcement.
(d) If the tax authorized by this chapter is imposed by an eligible
coastal municipality at a rate of six or more percent, no lesser
amount than the amount of revenue derived from the application of the
tax at a rate of one percent of the cost of a room shall be used as
. matching funds for state funds available to clean and maintain public
beaches and for other public beach-cleaning funds.
http://www.capitol.state.tx.uslstatutes/talta003 51 OO.html
8/2/2002
. Tax~APTER351
f((a?~
(e) Money received under Section 156.2511 and used to clean and
maintain beaches is included in determining whether the municipality
. has met the funding obligation prescribed by Subsections (c) and (d),
and the municipality may credit that money against the funding
requirements prescribed by Subsections (c) and (d).
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Page 12 of 16
(f) An eligible coastal municipality and a park board of trustees
created by the municipality may:
(1) contract for the park board to use the tax authorized by this
chapter as provided by this section; and
(2) without further authorization, use the tax authorized by this
chapter as provided by this section, including for the purpose of
issuing bonds or entering into other agreements.
(g) The following statutes prevail over any conflicting provision in
the charter of an eligible coastal municipality:
(1) this section;
(2) Chapter 306, Local Government Code; and
(3) Subchapter A, Chapter 1504, Government Code.
.Added by Acts 1987, 70th Leg., ch. 191, ~ 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 680, ~ 6, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 76, ~ 15.02, eff. Sept. 1, 1995; Acts 1995,
74th Leg., ch. 454, ~ 7, eff. Sept. 1, 1995; Acts 1999, 76th Leg.,
ch. 298, ~ 1, eff. May 29, 1999; Acts 2001, 77th Leg., ch. 1420, ~
8.367, eff. Sept. 1, 2001.
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S 351.1055. Allocation of Revenue: Certain Home-Rule Municipalities
, (a) In this section:
(1) "Clean and maintain" has the meaning assigned by Section 61.063,
Natural Resources Code.
(2) "Public beach" has the meaning assigned by Section 61.001,
Natural Resources Code.
(b) Notwithstanding any other prOV1S1on of this chapter, a home-rule
municipality that borders the Gulf of Mexico and has a population of
more than 250,000 may use all or any portion of the revenue derived
~from the municipal hotel occupancy tax from hotels previously subject
to a county hotel occupancy tax to clean and maintain public beaches
in the municipality.
htto://www.caoito1.state.tx.us/statutes/taltaOmSl00.htm 1
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78(R) HB 2718 - Introduced version - Bill Text
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78R8997 SMJ-D
By: Smith of Harris
H.B. No. 2718
A BILL TO BE ENTITLED
AN ACT
relating to the allocation and use of municipal hotel occupancy
taxes in certain municipalities bordering bays and estuaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 351, Tax Code, is amended
by adding Section 351.104 to read as follows:
Sec. 351.104. ALLOCATION OF REVENUE: CERTAIN
MUNICIPALITIES BORDERING BAYS AND ESTUARIES. (a) This section
applies only to a home-rule municipality that borders an estuary or
bay in this state and that has a population of less than 80,000.
(b) In this section:
(1) "Clean and maintain" has the meaninq assiqned by
Section 61.063, Natural Resources Code.
(2) "Public beach" has the meaninq assiqned by Section
61.001, Natural Resources Code.
(c) A municipality to which this section applies may use not
more than one percent of the revenue derived from the tax imposed
under this chapter:
(1) for a purpose described by Section 351.105(a) (1)
or (2);
( 2)
(3)
SECTION 2.
to clean and maintain a public beach; or
to mitiqate coastal erosion on a public beach.
This Act takes effect September 1, 2003.
RECEIVED
CITY MANAGEA'F
OFFICE
http://www.capitoI.state.tx.us/tlo/78R/billtext/HB027181.HTM
3/18/2003
Financial Disclosure Bill is Resurrected
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Legislative
bUine
I Legislative Services
.... Click Here I
FINANCIAL DISCLOSURE BILL IS
RESURRECTED
A bill that would require city officials to file detailed personal financial
disclosure forms has resurfaced, this time as part of a wide-ranging
ethics and lobbyist regulation bill. The financial disclosure proposal
was thoroughly debated during the 2001 session, when TML was
successful in killing both the House and Senate versions of the bill.
House Bill 1606 (Wolens) has five separate articles. Article 5 would:
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1. require each mayor, each member of a municipal
governing body, each municipal attorney, each city
manager, and each candidate for municipal office to file an
annual financial statement with the city clerk or secretary.
2. require that the financial statement include an account of
the financial activity of the covered individual (see #1
above) and the individual's spouse and children if the
individual had control over that activity.
3. require that the financial statement include all sources of
income; shares of stocks owned, acquired, or sold; bonds,
notes, or other paper held, acquired, or sold; any interest,
dividend, royalty, or rent exceeding $500; each person or
institution to whom a personal debt of $1 ,000 or more
exists; all beneficial interests in real property or businesses
owned, acquired, or sold; certain gifts received; income in
excess of $500 from a trust; a list of all boards of directors
on which the individual serves; and more.
4. require that financial statements be made on a form
designed by the Texas Ethics Commission.
5. provide that the statements are public records.
6. provide that failure to file a statement is a Class B
misdemeanor, which is punishable by a fine of up to
$2,000, imprisonment of up to 180 days, or both.
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This bill would undoubtedly lead to a sharp drop in the number of
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3/17/2003
Financial Disclosure Bill is Resurrected
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citizens willing to run for municipal office, the number of current
municipal office-holders willing to complete their terms, and the
number of contract city attorneys who are willing to work for small
cities.
H.B. 1606 has been referred to - and is currently being considered by -
the House Select Committee on Ethics. Representative Wolens, the
sponsor ofH.B. 1606, chairs the committee. The other members are:
Dawnna Dukes (D-Austin)
Mary Denny (R-Aubrey)
Pete Gallego (D-Alpine)
Ruben Hope (R-Conroe)
Carl Isett (R-Lubbock)
Lois KolkhOI:st (R-Brenham)
City officials should urge these committee members - and other House
members - to oppose Article 5 (municipal financial disclosure) of H.B.
1606.
TML member cities may use tile material lIerein for any purpose.
No otller person or entity may reproduce, duplicate, or distribute any part oftllis
document witllout the written authorization of the
Texas Municipal League.
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Back to Legislative Up-date Index
I jgglS.!.h.TIVU.Iill.YJQ:Ji I
I TEXAS LEOISL" HIRE ONLINE I
@2003 Texas Municipal League Auslln, Texas (512) 231-7400
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http://www.tmI.orglleg_updates/legis_update31403a_disclose.htm
Page 2 of2
3/17/2003
Austin Court of Appeals Issues Troubling Opinion on Religious Organizations
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.... Click Here I
AUSTIN' COURT OF APPEALS ISSU'ES
TROUULING OPINION ON RELIGIOUS
ORGANIZA TIONS
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The 3rd Court of Appeals in Austin last week upheld a trial court
decision that organizations not professing a belief in a higher being
may nevertheless qualify for certain religious tax exemptions.
Strayhorn v. Ethical Society of Austin, 2003 WL 740277 (Tex.App.-
Austin). The Ethical Society of Austin (the "Society") is an
organization of self-described "ethical humanists" who share the
unifying belief that "within the human experience ethics is central."
Comptrollers John Sharp and Carole Keeton Strayhorn both took the
position that organizations seeking tax exempt status must pass "the
Supreme Being test" before being granted an exemption. That test
requires some belief in the supernatural to be classified as a religion.
The court disagreed, stating that "D]udges are not oracles of theological
verity, and the Founders did not intend for them to be declarants of
religious orthodoxy." Comptroller Strayhorn may continue to appeal.
TML member cities may use the material',ereinfor any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this
document without tire written authorization of tire
Texas Municipal League.
Back to Legislative Up-date Index
11.E!:i.!S.!A1WE SjiliVJCES I
I TEXAS LEQISLA TliRE ONUNI; I
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@2003 Texas Municipal League Austin, Texas (512) 231-7400
http://www.tml.org/leg_updates/legis_update31403b_religion.htm
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Significant Actions
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Legislative
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I Legislative Services
SIGNIFICANT ACTIONS
H.B. 40 (Chisum), exempting travel trailers from the property tax.
Reported from the House Local Government Ways and Means
Committee.
H.B. 164 (Truitt), relating to the rates at which the municipal sales tax
for street improvement may be imposed. Reported from the House
Local Government Ways and Means Committee.
H.B. 212 (Keel), relating to municipal regulation of political signs.
Reported from the House Urban Affairs Committee.
H.B. 211 (F. Brown), relating to the purchase of insurance by cities.
Reported from the House Urban Affairs Committee.
H.B. 1061 (Griggs), relating to participation of city officials in the
state's travel services contract. Reported from the House Government
Reform Committee.
TML member cities may use the material /,erein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part oft/,is
document wit/,out t/,e wriUen authorization of the
Texas Municipal League.
Back to L~gislative Undate Index
1.!.fJ:i.!.S.LATIVE SERy'!crS I
I TEXAS LEGISLA TUB.E1.lli!.lliJ;; I
http://www.tmI.org/leg_updates/legis_update31403c_actions.htm
Page 1 of2
3/17/2003
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City-Related Bills Filed
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C1TY-RELATED 'BILLS F1LED
H.B. 1430 (Keel) - Felony Forfeiture: would shift the burden of proof
in felony forfeiture cases' from the defendant to the attorney
representing the state, and would require the state's attorney to prove
by a preponderance of evidence that: (1) the defendant acquired and
perfected an interest in the property before the act or omission giving
rise to the forfeiture or, (2) after the act or omission giving rise to
forfeiture, the defendant had cause to believe the property was
contraband or avoided learning that the property was contraband.
(Companion bill is S.B. 451 by Hinojosa.)
H.B. 1512 (West) - Emergency Management Plans: would require a
local or interjurisdictional agency that currently prepares an emergency
management plan to conduct at least one public meeting each year
about the emergency plan and provide written notice, five days before
the meeting, to the pipeline safety section of the gas services division
of the Texas Railroad Commission.
H.B. 1821 (Kuempel) - Property Taxes: would permit purchasers of
land to qualify for an agricultural appraisal by filing a notice of intent
to use the land for agricultural purposes, provided the land was used for
agricultural purposes for at least one of the preceding ten years. (Note:
current law requires agricultural use for five of the preceding seven
years to obtain the alternative appraisal. This bill would become
effective only ifH.J.R. 72, below, is approved by Texas voters.)
H.B. 1822 (Kuempel) - Texas Municipal Retirement Systems
(TMRS): would amend the TMRS statute in numerous ways including
the following: (1) prohibit the assets of the trust from being diverted for
other purposes; (2) provide that the forfeiture of money to TMRS
cannot be used to increase benefits; (3) allow a person receiving certain
distributions from TMRS to have those distributions transferred to an
eligible retirement plan; (4) provide that a member of the system does
not experience a break in service when taking up to 12 weeks of leave
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covered under the federal Family and Medical Leave Act; (5) provide
that members may receive restricted prior service credit for any
governmental service if they were employees of a municipality at the
time the ordinance is adopted, regardless of their current employment
status; (6) reduce the minimum period for a member to submit an
application for service retirement from at least 30 days before
retirement to any time up to the effective date of retirement; (7)
increase the lump sum death benefit for retirees from $5,000 to
$7,500 ; and (8) delete the restrictive list of permissible investments
and replace it with the "prudent person" standard required by the Texas
Constitution. (Companion bill is S.B. 993 by Armbrister.)
H.B. 1828 (Farabee) - Juvenile Delinquency: would replace the
Graffiti Eradication Fund with the Juvenile Delinquency Prevention
Fund (Fund) and provide that a person convicted in a county court,
county court at law, or district court of illegally marking property with
graffiti must pay five dollars to the Fund to be used, among other
things, for teen recognition and teen recreation programs; teen court
programs; juvenile probation departments; and educational and
intervention programs designed to prevent juveniles from engaging in
delinquent conduct.
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H.B. 1829 (Lewis) - Tax Increment Financing: would permit any
city to exclude captured tax increment from its taxable value for
effective and rollback rate calculation purposes. Under current law,
only a city in a county with a population of less than 500,000 may
exclude tax increment from taxable value. (Companion bill is S.B. 657
by Brimer.)
H.B. 1835 (Thompson) - Class C Misdemeanors: would prohibit a
police officer from making an arrest of any person charged with
committing a Class C misdemeanor unless: (1) the officer believes that
making an arrest is necessary to prevent imminent bodily injury; (2) the
officer believes that there is substantial risk of harm to the person
arrested or another, and the offense occurred in the officer's presence;
(3) the officer believes the person arrested does not have substantial
ties to the jurisdiction to ensure that the person would appear in court
under a written notice to appear; or (4) the person arrested has failed to
appear in court for other offenses committed when a written notice to
appear was issued.
.
H.B. 1839 (Solomons) - Pawnshops: would require a pawnshop to
make available in an electronic format all information from a pawn
ticket unless a law enforcement agency requests the information in a
paper format; and would provide that the law enforcement agency may
use the information received only for purposes of investigating stolen,
embezzled, or converted goods.
H.B. 1842 (West) - Library Computers: would mandate that public
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libraries establish separate areas in which children under the age of
eighteen may use computers and in which adults may use computers.
H.B. 1851 (Allen) - Property Taxes: would: (1) require rendition
(reporting) of certain real property used for the production of income;
(2) require rendition of tangible personal property used for the
production of income if the value of the property exceeds $100,000
(Note: current law requires rendition of all tangible personal property);
(3) state that rendition is mandatory and authorize the appraiser to bring
suits for injunction; (4) require that rendition reports for tangible
property be more detailed in terms of location, cost, estimated value,
and year of acquisition; (5) provide a five-percent-per-month penalty,
up to a maximum of 25-percent, for late rendering; (6) provide a 25-
percent penalty for failure to render; (7) give the appraiser investigatory
and audit power over renditions; and (8) shift the burden of proof in
certain appraisal disputes to the property owner, if the property owner
fails to timely file a property rendition.
H.B. 1860 (Bohac) - Exposure to Hazardous Material: would
require a governmental entity to pay for medical treatment for a public
safety employee who is exposed to a hazardous material, and for any
medical treatment for the employee's immediate family. (Companion
bill is S.B. 808 by Janek.)
.
H.B. 1875 (Wise) - Water Infrastructure: would amend the Texas
Water Assistance Program, by: (I) making the Water Infrastructure
Fund (WIF), the Rural Water Infrastructure Fund (RWIF), and the
Colonia Self-Help Fund special funds in the state treasury; (2)
removing the $250,000 cap on loans from the WIF; and (3) allowing
the R WIF to make loans to rural political subdivisions for water quality
enhancement projects, including the purchase of onsite or wetland
wastewater treatment facilities. (Companion bills is S.B. 967 by
Lucio.)
H.B. 1880 (Coleman) - Health Benefits Plans: would generally
require a health benefits plan to cover the diagnosis and treatment of
mental disorders just as physical disorders are covered.
H.B. 1886 (Zedler) - Code Enforcement Officers: would remove the
current restriction on the Texas Board of Health to impose fees of less
than fifty dollars on code enforcement officers for an application,
examination, or renewal of an officer's registration; and would allow
the Board to set fees at a level that covers costs.
.
H.B. 1895 (Hope) - Crime Yictims Compensation (CYC) Fund:
would allow the eve Fund to pay for expenses incurred by a family
member to attend a victim's funeral and for a family member's
bereavement leave up to 10 working days.
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H.B. 1902 (Farrar) - Deed Restrictions: would provide that, in a city
that does not have zoning regulations and that enforces deed
restrictions under the Local Government Code, a property owner may
not claim as a defense that storing a tow truck, crane, moving van or
truck, dump truck, cement mixer, earth-moving device, or trailer longer
than 20 feet or offering for sale more than two motor vehicles in a 12-
month period is incidental to the residential use of the property.
H.B. 1910 (Talton) - Property Taxes: would provide an alternative
procedure for receiving a religious property tax exemption to be used
by organizations that conscientiously object to filing a normal
exemption application.
H.B. 1918 (Howard) - Property Taxes: would: (1) expand the
limitation on annual increases on homestead appraised values to
include certain residential properties that might not otherwise qualify as
a homestead; (2) reduce from ten percent to two percent the maximum
annual increase in such residential property values; and (3) exclude
repairs from the statutory definition of improvements to property, with
the result that increased value due to such repairs would not be taxable
on certain residential property.
.
H.B. 1923 (Capelo) - Health Benefits: would require a health benefit
plan to cover immunizations. (Companion bill is S.B. 41 by Zaffirini.)
H.B. 1930 (Capelo) - Texas Board of Health: would remove the
statutory limits on the fees that the Board can assess on EMS providers
for certain applications, inspections, and penalties; and would allow the
Board to set its own fees in amounts necessary to recover the Board's
costs.
H.B. 1934 (Capelo) - Bonds and Debt: would: (1) provide that the
proceeds of certain bonds and other public securities may be used to
finance improvements to public projects and facilities; (2) authorize
issuers of certain bonds and securities to spend any premium received
from the issuance on debt service or costs incurred in issuing the
securities; and (3) clarify that anticipation notes may be paid through a
combination of revenue and taxes.
H.B. 1936 (pitts) - Police Officers: would prohibit the Texas
Commission on Law Enforcement Officers Standards and Education
(TCLEOSE) from adopting or implementing a rule that would require a
person to have an associates, degree before or after enrolling in a police
academy training program.
.
H.B. 1939 (Gallego) - Health Benefit Mandates: would provide that:
(1) if the chair ofa standing legislative committee determines that a bill
would, if enacted, create a health benefit mandate, the chair shall
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request an impact assessment from the Legislative Budget Board
(LBB); (2) the LBB shall prepare the assessment with the assistance of
at least one actuary; and (3) the legislators who will consider the
proposed mandate must have a copy of the assessment at the time the
bill is considered. The bill would also require the Sunset Advisory
Committee to periodically review each health care benefit mandate to
determine the mandate's value, cost, and impacts.
H.B. 1942 (West) - Gas Utilities: would provide incentives to
encourage gas utilities to invest in new infrastructure by: (1) allowing a
gas utility to adjust the monthly customer charge or initial block rate
without action of the Railroad Commission (RRC) to recover the cost
of a new investment in an amount up to that necessary to cover the
return on investment, depreciation expense, ad valorem taxes, revenue-
related taxes, and incremental federal income taxes related to the
difference in the value of the invested capital; and (2) requiring a gas
utility, prior to adjusting a rate, to file an annual report with the RRC
describing the investment projects completed and placed in service
during the preceding calendar year, the investments retired or
abandoned during the preceding calendar year, and demonstrating the
utility's earnings during the preceding calendar year.
.
H.B. 1950 (Eissler) - Regional Commuter Rail Districts: would
allow two or more counties to create a regional commuter rail district
consisting of those counties and other political subdivisions to build
and operate commuter rail facilities.
H.B. 1951 (Hill) - Property Taxes: would: (1) permit taxing entities,
including cities, to contract with anyone, not just attorneys as current
law provides, to collect delinquent property taxes; (2) limit certain
delinquent property tax collection penalties to 20 percent, whereas
current law allows the penalty to reflect the compensation due the
collecting attorney; and (3) permit taxing entities to retain the
difference between the 20 percent penalty and the amount due the
collector.
H.B. 1952 (Truitt) - Swimming Pools: would allow a city to require
the owner of a public swimming pool within the city to seek a permit to
operate the pool within the city limits and would allow the city to
inspect public swimming pools and issue an order to close any public
swimming pool that failed to meet health and safety requirements.
.
H.B. 1955 (Deshotel) - Health Benefits Mandate: would generally
require a health benefits plan to pay for over-the-counter prescription
drugs in the same manner it pays for mail order prescription drugs; and
would prohibit a health benefits plan from requiring enrollees to obtain
drugs by mail order.
H.B. 1962 (Martinez Fischer) - Highway Beautification Act: would
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allow the Texas Transportation Commission to authorize a local
government to provide notice, institute any cause of action, or
prosecute any criminal provision against an owner of outdoor
advertising who violates the Highway Beautification Act, and to
recover any costs and attorney fees allowed.
H.B. 1964 (Oliveira) - Sales Taxes: would provide that
telecommunications service providers bear the burden of showing
through their recordkeeping that certain charges on customer bills are
not subject to sales taxes; otherwise, the entire bill is taxable.
H.B. 1969 (Uresti) - Newspaper Notices: would require a city that is
located in a county that has a Hispanic population of more than 50
percent to publish notices to the general public in Spanish in a Spanish
language newspaper. (Companion bill is S.B. 750 by Madia.)
.
H.B.1979 (puente) - Wastewater: would mandate the Texas
Commission on Environmental Quality (TCEQ) to: (1) establish
criteria for evaluating sanitary sewer overflows that occur as the result
of something other than a rainfall event to determine whether the
overflow could reasonably have been prevented, was minimized, and
was reported; (2) consider the adoption and enforcement by a sanitary
sewer system of model standards for grease management to be
evidence tending to show that reasonable measures have been taken to
prevent or minimize spills or discharges; (3) adopt model standards for
use by an operator of a separate sanitary sewer system that are designed
to prevent the discharge of untreated wastewater from a separate
sanitary sewer system, including the requirements that grease be
removed from grease traps on a regular basis and that grease traps are
properly installed and maintained by commercial and industrial
facilities.
H.B. 1990 (B. Brown) - Water Districts: would provide that: (1) a
water control and improvement district (WCID) or a fresh water supply
district (FWSD) may annex land only if the land is within one mile of
its boundary and must get the written approval of the governing body
of a city prior to annexing into the extraterritorial jurisdiction of the
city; and (2) before a WCID or a FWSD may hold an election to divide
into two separate districts, the district must obtain written approval
from the county in which the district was created or the Texas
Commission on Environmental Quality, as appropriate.
.
H.B. 2004 (Marchant) - Executive Session: would allow a
governmental body to conduct a closed meeting to deliberate the
business and financial considerations relating to a proposed contract if
deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person.
H.B. 2010 (Hardcastle) - Fighting Fires: would provide that the
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requirement to adhere to an Occupational Safety and Health
Administration rule relating to interior structural fire fighting (the so-
called "two in - two out" rule) shall not apply to a fire department of a
local government with a population of less than 350,000.
HoB. 2011 (Moreno) - Child Custody: would allow civilian
employees or volunteers of a law enforcement agency to assist peace
officers with the temporary care of a child until arrangements regarding
the child's custody can be made.
HoB. 2023 (Pena) - Juveniles: would allow a municipal court to enter
an order requiring a juvenile to be confined in a facility authorized by
the Family Code, if the court finds that the juvenile has committed a
misdemeanor offense and the juvenile has been previously convicted of
two or more misdemeanor offenses.
HoB. 2025 (Pena) - Court Surcharges: would impose an additional
$50 court cost on persons convicted of driving while intoxicated and
would require the county treasurer to remit the revenue to the state
comptroller for use in the state general fund to fund programs related to
alcohol and drug awareness and treatment.
H.B. 2027 (Pena) - Court Surcharges: this bill is the same as H.B.
2025, above.
.
H.B. 2028 (pen a) - Public Employee Protection: would prohibit
retaliation against a public employee who refuses to perform an illegal
act, and would create penalties for such retaliation.
H.B. 2032 (Hochberg) - Public Information Act: would provide that
an email address of a member of the public is not confidential under
the Public Information Act if it is: (1) provided to a governmental body
by a person who has a contractual relationship with the governmental
body; (2) provided to a governmental body by a vendor who seeks to
contract with the governmental body; (3) contained in a response to a
request for bids or proposals; or (4) provided to a governmental body
on a letterhead, coversheet, printed document, or other document made
available to the public.
H.B. 2035 (Wohlgemuth) - County Development Authority: would
grant a county the authority to take the following actions in the
unincorporated area of the county according to a county plan for
growth and development:
.
I. (a) regulate the percentage of a lot that may be occupied or
developed; (b) regulate population density; (c) regulate the
size, design, and construction of buildings; (d) regulate the
location, design, construction, extension, and size of
streets and roads; (e) regulate the location, design,
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construction, extension, size, and installation of water and
wastewater facilities, including the requirements for
connecting to a centralized water or wastewater system; (f)
regulate the location, design, construction, extension, size,
and installation of drainage facilities and other required
public facilities; (g) regulate the location, design, and
construction of parks, playgrounds, and recreational areas;
and (h) abate the harm resulting from inadequate water or
wastewater facilities.
2. divide the unincorporated area of the county into districts
ofa number, shape, and size the court considers best for
carrying out development regulation.
3. appoint a development commission to assist in the
implementation and enforcement of development
regulations.
4. enter into agreements with any city located in the county to
assist in the implementation and enforcement of
development regulations.
.
H.B. 2036 (Swinford) - Utility Collections: would: (l) permit a city
utility, including a solid waste utility, to refuse service to an applicant if
the person is delinquent in payment of utility fees to another public
utility; and (2) permit a city to collect delinquent utility fees on behalf
of other cities through the application process for new utility services.
(Note: this bill would reverse an attorney general's opinion, JC-219
(2000), which prohibited the use of interlocal agreements between local
utilities for collection services.)
H.B. 2038 (Lewis) - Civil Service: would provide that in a city
covered by Chapter 143 of the Local Government Code (fire/police
civil service), the beginning position competitive examination must be
based on general knowledge and aptitude. (Note: current law provides
that the test must be based on knowledge of and qualifications for the
job.)
H.B. 2048 (Deshotel) - Elections: would generally prohibit a person
who is a candidate on the ballot for an election from assisting a voter.
H.B. 2049 (W. Smith) - Building Permits: would require a city to
either grant, deny, or provide written notice to an applicant stating the
reasons why the city has been unable to act on a building permit within
forty-five days after an application is submitted. If the city fails to act
within forty-five days, the permit application is considered granted.
H.B. 2062 (Solomons) - Department of Licensing and Regulation:
this bill is the same as S.B. 279, below.
.
H.B. 2064 (Bohac) - Elections: would req'ijire an applicant for an
early voting ballot to submit the application to the early voting clerk
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who services the precinct where the applicant resides, and would
require an early voting clerk who receives an incorrectly submitted
application to forward the application to the proper early voting clerk
no later than one day after receiving that application.
H.B. 2070 (pitts) - Sludge: would require an applicant wishing to
land-apply class-B sludge to notify by registered or certified mail each
residential landowner located within one-quarter mile of the proposed
land application of the intent to obtain the permit, amendment, or
renewal authorizing the land application.
H.B. 2078 (Driver) - Driving Safety Courses: would require a
municipal court to require defendants convicted of a certain Class C
traffic offense to attend a driving safety course, and would provide that
the conviction of one of these offenses becomes part of the defendant's
permanent driving record even if the person successfully completes
deferred adjudication of the offense.
H.B. 2081 (McReynolds) - Engineering Practices Act: would raise
from $8,000 to $20,000 the minimum project cost threshold at which
cities must hire professional engineers to prepare or approve project
plans.
.
H.B. 2083 (Campbell) - Municipal Court Judges: would provide
that in a municipal court of record, a person is qualified to serve as the
municipal court judge if the person has served as ajudge ofa court in
this state for four or more years proceeding the appointment to be a
municipal court judge.
H.B. 2084 (Campbell) - Wireless Communications Facilities: would
require a person wishing to construct a wireless communication facility
that is taller than 100 feet to: (1) file with the county clerk a statement
that construction is proposed and that provides the date on which the
construction will begin, the person's contact information, and a legal
description of the proposed site; (2) mail notice to any airport within
three miles, the Texas Department of Agriculture, and landowners or a
newspaper in the county; and (3) mark any guy wires. The bill would
not preempt a local ordinance regulating a wireless communication
facility.
H.B. 2085 (Campbell) - Elections: would require a city that is
conducting an election to provide one election clerk who is fluent in
English and Spanish at a central location to assist Spanish-speaking
voters, if the number of election clerks appointed is not sufficient to
serve the needs of Spanish-speaking voters.
.
H.B. 2088 (Goodman) - Authorized Review: would: (1) allow a city
to conduct an authorized review of a certificated telecommunications
provider's (CTP) business records to ensure compliance with access
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line reporting requirements if commenced within 120 days after the
filing of a CTP's verified report of access lines; (2) authorize the Public
Utility Commission (PUC) to promulgate rules to establish uniform
procedures for cities to conduct the authorized reviews of a CTP's
business records; and (3) provide that the rules shall, at a minimum: (a)
identify the types of records subject to review; (b) ensure the
confidential and proprietary nature of the business records while
allowing cities full access; (c) state that conducting an authorized
review shall not be interpreted as an administrative remedy that must
be exhausted before a city may initiate other legal action; (d) impose
penalties for non-compliance that is revealed by the review or for
failure to provide complete records during the review process; (e)
require a CTP who is shown to be non-compliant by the review or who
fails to provide complete records during the review process to pay all
costs of the review, plus interest; and (f) allow the PUC to act as
mediator of the review if agreed to by the parties.
H.B. 2093 (Harper-Brown) - Elections: would establish a uniform
distance of 100 feet from the outside door through which voters enter
as the buffer zone in which electioneering is prohibited during early
voting.
.
H.B. 2098 (Oliveira) - Workers' Compensation Self-Insurance:
would provide that a political subdivision that self-insures workers'
compensation either individually or collectively: (1) shall have received
a written notice only when the notice is given to the entity responsible
for the claim; (2) shall pay an injured employee double the amount due
if the self-insurer fails to begin timely payments or to file notice of
refusal; and (3) under such circumstances, shall not waive the right to
contest the compensibility.
H.B. 2119 (B. Brown) - Elections: would impose a $25 late fee,
payable to the secretary of state, on cities and counties whose local
registrars of death fail to timely file death notices with the local voter
registrar.
H.B. 2120 (Wilson) - Property Taxes: would put local appraisal
districts under the control of the state comptroller and would abolish
district boards of directors.
H.B. 2122 (Wilson) - Taxes: would do the following: (1) repeal state
sales taxes; (2) repeal state cigarette taxes; (3) repeal state franchise
taxes; (4) repeal certain bingo taxes; (5) raise from $1.50 to $1.55 the
allowable maintenance and operation tax rate for school districts.
.
H.B. 2125 (Hupp) - Texas Privacy and Security Act: would enact
the Texas Privacy and Security Act, which would protect personal
information such as a person's social security number, bank account
number, credit card account number, or computer password held by a
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governmental body.
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H.B. 2130 (Kuempel) - Permit Vesting: would remove the existing
exemption to the permit vesting statute that allows a city to enact
regulations designed to prevent imminent destruction of property or
injury to persons, and would change that exemption to one that allows
only regulations necessary to protect an area from flooding. (Note: this
bill is identical to H.B. 1400, also by Kuempel).
H.B. 2135 (Edwards) - Health Benefits Plan: would require each
health benefits plan to permit an enrollee direct access to specialist
physicians.
H.B. 2147 (Gattis) - Property Taxes: would permit the late filing of
an application for a homestead property exemption for up to one year
after the tax delinquency date. (Note: current law permits the filing of a
homestead exemption up to one year after either the delinquency date
or the date the taxes were paid, whichever is earlier.)
H.B. 2150 (Denny) - Elections: would provide that if the date for
early voting by personal appearance begins on a Saturday, Sunday, or
legal holiday, the early voting by personal appearance shall begin on
the next regular business day after the Saturday, Sunday, or holiday.
.
H.B. 2151 (Denny) - Election Petitions: would provide that a petition
that is required for an election governed by laws other than the Election
Code must be filed with the appropriate election authority within 180
days after the petition is issued, notwithstanding a conflicting law or
ordinance that governs the petition.
H.B. 2152 (Denny) - Run-Off Election: would: (1) provide that a law
outside the Election Code supercedes Election Code provisions relating
to who is a candidate for a run-off election; (2) require an automatic
recount in any election in which two or more candidates receive the
highest or second-highest number of votes, and if the recount doesn't
resolve the tie, allow for the candidates to determine who will be in a
run-off election; (3) provide for an automatic recount in a run-off
election if the candidates in the run-off receive tie votes, and if the
recount doesn't resolve the tie, allow the candidates to cast lots to
determine the winner.
.
H.B. 2153 (Denny) - Voting System Contracts: would require a city
to submit a contract to purchase a voting system to the Secretary of
State's office for approval; and would provide that if the Secretary of
State's office does not approve the contract, the contract is void and the
Secretary of State must provide the city with a notice that states the
reasons why the contract was not approved.
H.B. 2161 (Hochberg) - Street Names: would provide that neither a
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city nor a county may name a street with a name that is offensive to
members of racial or ethnic minority groups.
H.B. 2176 (Elkins) - Property Taxes: would: (I) prevent property tax
collectors from immediately applying seized cash to satisfy delinquent
taxes; (2) permit auctions for the sale of certain property seized for
delinquent taxes; and (3) permit Internet tax sales.
H.B. 2177 (Elkins) - Workers' Compensation Self-Insurance:
would provide that a political subdivision that self-insures workers'
compensation either individually or collectively shall have received a
written notice only when the notice is given to the entity responsible for
the claim.
H.B. 2178 (Mowery) - Rezoning: would provide that a city may not
change the zoning classification of a property that results in a
diminution of more than ten percent of the property's value unless:
.
1. the owner of the property: (a) waives any right to object to
the proposed change; or (b) fails to file with the governing
body before the 90th day after the date the governing body
notifies the property owner of the date the governing body
will vote on the proposed change a written statement
objecting to the proposed change and a copy of an
appraisal report that states the appraiser's opinion of the
value of the property before and after the proposed change
in the zoning classification; or
2. the city cQmpensates the property owner for the diminution
in value resulting from the change as determined by an
agreement with the property owner or a proceeding
governed by the procedures relating to condemnation.
The bill would also allow, in lieu of compensation, a prevailing
property owner to develop the property under the zoning rules that
applied to the property before the change in the property's zoning
classification and require a city to waive any fees associated with the
development of the property, including application and impact fees.
H.B. 2179 (Truitt) - Signs: would provide that a city that regulates
signs may require the removal of an on-premise sign not later than the
first anniversary of the date the business, person, or activity that the
sign identifies or advertises ceases to operate on the premises on which
the sign is located. (Companion bill is S.B. 656 by Brimer.)
.
H.B. 2181 (Bailey) - Municipal Development Districts: would: (1)
require a city that creates a municipal development district (MDD) to
file with the county clerk of each county in which the city is located the
results of the election that describes the MDD's boundaries; (2) require
an MDD to post signs at two principal entrances to the district; (3)
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require the MDD to have the accounts and records audited annually; (4)
require a person who proposes to sell real property located in a MDD,
to give to the purchaser written notice of several items and allow a
buyer to bring suit against the seller for failure to do so; (5) require the
MDD to file with the county clerk Ii map of the MDD, the most recent
sales tax imposed by the MOD, the total amount of bonded
indebtedness of the MDD, and a statement of functions performed by
the MDD, and (6) provide civil and criminal penalties for failure to do
so.
H.B. 2182 (Bohac) - Nuisances: would: (1) add the activity of
engaging in acts of public lewdness and indecent exposure to the list of
activities that constitute a common nuisance; (2) provide that a place
where a nuisance exists must be ordered closed for at least one year but
not more than two years when a court has ordered the property owner
to abate a nuisance; and (3) require a city to establish a nuisance
abatement fund in the city treasury and deposit all money from
nuisance abatement activities into the fund for use in funding ongoing
nuisance abatement activities.
H.B. 2183 (Bohac) - Elections: would provide that a charter
amendment election may be held only on a uniform election date.
.
H.B. 2184 (Geren) - Water Contracts: would: (1) require a person
who petitions the Texas Commission on Environmental Quality with a
complaint that a water supply owner will not contract for access to that
water must first show that the petitioner has not entered into a contract
with the party owning or controlling the water supply; and (2) provide
that TCEQ may not amend, interpret, impair, or modify a written
contract for the provision of water for any purpose.
H.B. 2186 (Geren) - Property Taxes: would: (1) require renditions
(reporting) of tangible personal property to be more specific in terms of
property location, cost, and value; (2) impose penalties of 5-1 0 percent
of taxes owed for failure to timely file a required rendition, if the value
of the property to be rendered exceeds $15,000; (3) give the chief
appraiser increased auditing and investigatory power over renditions;
and (4) permit cost method appraisal of tangible personal property.
.
H.B. 2191 (Keel) - Court Costs: would: (1) allow a city to establish
an in-house collections department to aid in the collection of delinquent
court costs, fines, taxes, and other accounts receivable; (2) allow the
Office of Court Administration to make a grant to a city to help the city
develop and implement an in-house collection department; (3) allow a
city to add a collection fee to all delinquent accounts collected by the
city's in-house collection department; (4) provide that the fee assessed
may be equal to the actual cost of making the collection, but may not
exceed 15 percent of the past due debt, and the collection fee must have
been assessed by order of the court that required a defendant to pay all
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amounts due; (5) allow a municipal court to issue a capias arrest
warrant for a defendant who defaults on a payment agreement when the
municipal in-house collection department issues a report explaining the
defendant's failure to pay; and (6) require that each city file an annual
report reflecting collections data and information relating to criminal
cases disposed of in municipal court.
H.B. 2193 (Farabee) - Health Benefits Plan: would generally require
that a health benefits plan provide coverage for the diagnosis and
treatment of a mental disorder of a child in the same way a physical
illness is covered.
H.B. 2202 (King) - Annexation: would remove the exemption from
the annexation plan requirement for areas that contain fewer than 100
residential dwellings.
.
H.B. 2204 (Dunnam) - Community Housing Development
Organizations (CHODOs): would make several administrative
amendments to the statute governing the Texas State Affordable
Housing Corporation, and would: (1) require the corporation to
implement a requirement that a community housing development
organization that receives an issuance of qualified 501 (c )(3) bonds
from the corporation to develop property must invest at least one dollar
in projects and services that benefit income-eligible persons for each
dollar of taxes that is not imposed on the property as a result of a
property tax exemption; and (2) reduce the dollar-for-dollar public
benefit requirement by an amount equal to each dollar that, in lieu of
taxes, a community housing development organization pays to a taxing
unit for which the property receives an exemption.
H.B. 2205 (Hilderbran) - Event Facilities: would: (1) provide that a
city that requires the owner or operator of a facility located in the city
to obtain a permit for an event may establish standards relating to
health, sanitation, general safety, traffic control, and medical and
nursing care that the facility owner or operator must comply with; (2)
provide that a permit granted to a property owner or facility operator
for an event is valid for one year after the date the permit is issued and
applies to all similar events for which the original permit was granted,
and the permit holder shall not be required to apply for another permit
for other events at the same facility; and (3) require a city to adopt rules
to implement these event facility permit requirements.
H.B. 2207 (Hilderbran) - Signs and Billboards: this bill is the same
as S.B. 1085, below.
.
H.B. 2212 (Mowery) - Land Use in Newly-Incorporated Area:
would provide that a city incorporated after January 1,2003, may not
prohibit a person from: (1) continuing to use land in the area in the
manner in which the land was being used on the date of incorporation if
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the land use was legal at that time; or (2) beginning to use land in the
area in the manner that was planned for the land before the 90th day
before the effective date of the incorporation if one or more licenses,
certificates, permits, approvals, or other forms of authorization by a
governmental entity were required by law for the planned land use. The
bill does not prohibit a city from imposing: (1) a regulation relating to
the location of sexually oriented businesses; (2) an ordinance,
regulation, or other requirement affecting colonias; (3) a regulation
relating to preventing imminent destruction of property or injury to
persons; (4) a regulation relating to public nuisances; (5) a regulation
relating to flood control; (6) a regulation relating to the storage and use
of hazardous substances; (7) a regulation relating to the sale and use of
fireworks; or (8) a regulation relating to the discharge of firearms.
H.B. 2226 (Martinez Fischer) - Elections: would: (1) require a city to
order all elections no later than 45 days before the earliest possible date
that is allowed for the beginning of early voting by personal
appearance; (2) require that an application for a place on the ballot in a
city election must be filed no later than 5 p.m. of the 45th day before
the earliest allowable date for the beginning of early voting by personal
appearance; and (3) require a candidate to withdraw from the ballot no
later than 5 p.m. of the 45th day before the earliest allowable date for
the beginning of early voting by personal appearance.
.
H.B. 2236 (Y. Davis) - Court Costs: would allow a municipal court
of record to impose a $3 court cost on a person convicted of a
misdemeanor offense involving family violence and would allow a city
to create a victim's advocacy fund to be used to finance victim's
advocacy programs.
H.B. 2245 (Pena) - Felony Forfeiture: would: (1) prohibit a city from
using felony forfeiture proceeds to fund programs of licensed providers
of the Texas Commission on Alcohol and Drug Abuse if an officer or
member of the Board of Directors of the program is related to a
member of the governing body or attorney representing the state or the
head of the police department; and (2) allow the governing body of a
city to request that 10 percent of the proceeds obtained from felony
forfeiture be deposited into the city's general fund to be used to fund
local activities sponsored or conducted by licensed providers of the
, Texas Commission on Alcohol and Drug Abuse.
H.B. 2247 (Dukes) - Health Benefits Plan: would require that a
health benefits plan that covers rehabilitative and habilitative therapies
may not prohibit or restrict those services provided to a child.
.
H.B. 2253 (Flores) - Juveniles: would allow a municipal court to find
that a juvenile has engaged in delinquent conduct indicating a need for
supervision in a proceeding in which the court has jurisdiction; and
would allow the court to enter an order to have the juvenile confined in
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a state-approved detention facility or youth boot camp program for not
more than 30 days.
H.B. 2255 (Flores) - Property Taxes: accelerate the delinquency date
for certain agricultural change-of-use tax penalties.
H.B. 2264 (Bonnen) - Volunteer Firefighters: would provide that a
volunteer fire department has the same immunity from liability for
damages, death, or injury, as provided for a county under Chapter 101
of the Civil Practices and Remedies Code, and a volunteer fire fighter
is liable for damages only to the extent that an employee providing the
same or similar services for a county would be liable, and the volunteer
is entitled to the same exclusions, exceptions, immunities, and defenses
applicable to a county employee under Chapter 101 of the Civil
Practices and Remedies Code as well as common law and other
statutory provisions.
H.B. 2267 (Raymond) - Litigation: would: (I) limit the ability of
governmental entities, including cities, to sue persons who file certain
complaints with the governmental entity; and (2) provide damages and
penalties against governmental entities that sue to prevent such
complaints.
.
H.B. 2279 (Coleman) - Elections: would require a city conducting an
election to establish an additional polling place at the location of each
branch early voting place used in the election, if the city will conduct
the election using a direct recording electronic voting machine and uses
an instant electronic system at each polling place to verify whether a
voter has voted in an election. The bill would also provide that each
polling place established under this requirement must enable a voter,
from any precinct in the election, to cast a ballot.
H.J.R. 72 (Kuempel) - Property Taxes: would amend the Texas
Constitution to authorize the legislature to permit the agricultural
appraisal of land based on the intent of the owner to use the land for
agricultural purposes. (Please see H.B. 1821, above.)
H.J.R. 74 (Villareal) - Eligibility for Office: would amend the Texas
Constitution to provide that a teacher or professor may serve on a local
governing body and receive compensation for such service.
.
S.B. 279 (Jackson) - Department of Licensing and Regulation: this
is the Texas Department of Licensing and Regulation (TDLR) sunset
bill. The bill would, among other things: (1) continue the TDLR until
September 1, 2015; (2) transfer the regulation of mobile amusement
rides from the Texas Department ofInsurance to the TDLR; (3)
transfer many of the powers relating to architectural barriers to the
TDLR executive director; (4) transfer the licensing of back flow
prevention assembly testers, cross-connection inspectors, and water
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treatment specialists from the Texas Commission on Environmental
quality to the TDLR; (5) allow the executive director ofTDLR to
designate approved third-party inspectors for industrialized housing;
(6) provide that a groundwater conservation district may enforce the
requirement that abandoned water wells be plugged; and (7) allow the
TDLR to regulate the licensing of underground storage tank
contractors. (Companion bill is H.B. 2062 by Solomons.)
S.B. 284 (Lucio) - Community Housing Development
Organizations (CHODOs): this bill is the same as H.B. 2204, above.
S.B. 451 (Hinojosa) - Felony Forfeiture: this bill is same as H.B.
1430, above.
.
S.B. 910 (Nelson) - Elections: would amend several provisions of the
Texas Election Code to provide that: (1) an authority responsible for
procuring election supplies must have a supply of sample ballots
printed (under current law, this requirement is permissive, not
mandatory); (2) a new type of provisional ballot would be available for
voting by voters who execute an affidavit with their ballot; (3) the
intent of a voter in marking a ballot may be determined by a
distinguishing mark next to the name of the candidate - an oval, box,
or other mark drawn around the name of a candidate, lines drawn
through the name of all candidates except one, or any other evidence
that clearly indicates the intent of a voter to choose a candidate; (4) the
presiding election judge shall deliver in person all provisional ballots to
the early voting ballot board, and the board shall examine each affidavit
executed with a provisional ballot to determine whether to accept the
ballot; and (5) the early voting ballot board shall implement a system to
allow a person who voted a provisional ballot to determine whether the
person's ballot was accepted or rejected and, ifrejected, the reason for
the rejection. (Companion bill is H.B. 1549 by Denny.)
S.B. 919 (Whitmire) - Public Information: would provide that when
a provision of the Public Information Act requires that a notice or
request or other document be sent within a specific period, the
requirement can be met by sending the information by common or
contract carrier in addition to first-class regular mail.
S.B. 951 (Whitmire) - Underground Facility Notification: would
allow the Texas Underground Facility Notification Corporation to
establish regional notification centers in lieu of a statewide system to
provide underground facility notification before excavation.
.
S.B. 955 (Shapiro) - Texas Mobility Fund: would provide that: (1)
the Texas Transportation Commission may issue obligations having a
scheduled maturity date of an issue or series of obligations not later
than the earlier of: (a) the date on which 90 percent of the period of the
expected useful life of the projects to be financed with the obligations
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will, without material repair of the projects, have elapsed; or (b) the
30th anniversary of the date of issuance of the issue or series of
obligations; and (2) annually, as soon as possible after the beginning of
each fiscal year, the comptroller shall deposit to the credit of the Texas
Mobility Fund a total of $1 00 million in state revenue coming into the
state treasury from any source that is not otherwise dedicated by the
Texas Constitution or other law.
S.B. 967 (Lucio) - Water Infrastructure: this bill is the same as H.B.
1875, above.
S.B. 971 (Shapiro) - Regional Transportation Authority: would
allow a city to be added to a regional transportation authority if: (1) any
part of the city is located in a county in which the authority is located,
regardless of whether the city is contiguous to the territory of the
authority; and (2) the city has not adopted an additional municipal sales
and use tax. In addition, the bill would provide that if the addition of
the city to the authority would impair the imposition of the authority's
sales tax because the addition would result in a combined sales tax rate
of more than two percent in the city, the election to approve the
addition of the city to the authority is to be treated for all purposes as
an election to reduce the rate of the city's sales tax to the highest rate
that would not impair the imposition of the authority's sales tax.
.
S.B. 972 (Shapiro) - Sales Taxes: would allow cities that have
adopted 4A or 4B sales taxes and that are at or near their maximum
local sales tax rate, to join regional transportation authorities by
providing that the election to join the authority automatically reduces
the 4A or 4B tax (or, in some cases, the general city sales tax) to
accommodate the transportation sales tax.
S.B. 973 (Barrientos) - Firefighter Employment: the provisions of
this bill would apply to paid firefighters in any city under 10,000 in
population. The bill would: (1) create a voluntary union dues check-off
(payroll deduction) plan in each city; (2) require each city to pay
longevity pay; (3) require each city to create a salary/classification plan;
(4) establish a required level of vacation and holiday time; (5) establish
a requirement for overtime pay; (6) establish a requirement for payment
for court appearances; (7) establish a firefighter civil service system
that could be adopted either by the city's governing body or through a
petition/popular vote process; and (8) layout the various policies that
will apply if civil service is adopted, including appointment of
department head, establishment of a civil service commission,
employment classifications, entrance exams, promotion exams,
compensation, benefits, discipline, appeal of disciplinary actions, and
much more.
.
S.B. 991 (Armbrister) - Zoning: would allow a city to regulate the
appearance or architectural style of buildings or other structures,
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including the types of building materials that may be used or the
amount of masonry that must be contained on the exterior of the
building or structure, and the appearance of yards, courts, or open
spaces, including the types or quantities of plants Of landscaping
materials required. The bill would also subject these regulations to the
provisions of Chapter 245 of the Local Government Code, the permit
"vesting" statute. (Companion bill is H.B. 1207 by Kuempel.)
S.B. 993 (Armbrister) - Texas Municipal Retirement System
(TMRS): this bill is the same as H.B. 1822, above.)
S.B. 1010 (West) - Nuisances: would: (1) re-classify many of the acts
that currently constitute public nuisances as common nuisances; (2)
create only two public nuisances - criminal street gang activity and
habitual use of a place for organized criminal activity; (3) provide that
the use of a multiunit dwelling for any criminal purpose is a common
nuisance; and (4) allow a person to bring a lawsuit to abate the use of a
place as a common nuisance.
.
S.B. 1014 (Wentworth) - County Development Authority: would
grant counties additional, optional subdivision authority, including
among other things the ability to: (1) adopt reasonable specifications
that govern drainage in the subdivision to efficiently manage the flow
of stormwater runoff; (2) coordinate subdivision drainage with the
general storm drainage pattern for the area; and (3) require lot and
block monumentation to be set by a registered professional surveyor
before recordation of the plat. The bill also prohibits a county from
imposing a higher standard for streets or roads in a subdivision than the
county imposes on itself for the construction of streets or roads with a
similar type and amount of traffic, and allows a county to require a
statement that a plat has been prepared by an engineer if the
subdivision plans on using groundwater under the subdivision for its
water supply.
S.B. 1016 (Wentworth) - Venue Projects: would allow cities to use
venue project proceeds, other than sales taxes, to fund watershed
protection, conservation, and other water projects.
S.B. 1026 (Gallegos) - Police and Fire: would: (1) allow police or fire
collective bargaining in every city without a petition and popular vote
as is currently required; and (2) repeal the alternate promotion system
in police departments covered by Chapter 143 of the Local Government
Code (fire and police civil service). (Companion bill is H.B. 1774 by
Bailey. )
.
S.B. 1027 (Gallegos) - Union Dues: would provide that a city over
10,000 in population must provide union dues payroll deduction
services for fire protection personnel if the city permits deductions for
purposes other than charity, health insurance, taxes, or other legally
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mandated purposes. (Companion bill is H.B. 1788 by Naishtat.)
.
S.B. 1031 (Shapleigh) - Sales Taxes: would extend state and local
sales taxes to numerous services that are currently not taxable, such as
accounting, engineering, legal, and other services.
S.B. 1036 (Wentworth) - Political Signs: would provide that a city
may not: (1) prohibit political signs from being placed on private
property; (2) require a permit or fee for the sign being placed on private
property; or (3) restrict the size of the sign based solely on the fact that
it is a political sign. (Companion bill is H.B. 212 by Keel.)
S.B. 1042 (Ellis) - Domestic Preparedness: would require a police
department to implement a domestic preparedness training program for
officers of the department, but only if funding were available; and
would require TCLEOSE to apply for federal funding to assist local
law enforcement departments with domestic preparedness training.
S.B. 1047 (Ellis) - Councilmember's Legislative Actions: would
prohibit a member of a city council from being sanctioned, penalized,
or disciplined in connection with the person's practice of a licensed or
regulated profession for any action the councilmember may have taken
in a legislative capacity on the city council.
.
S.B.I048 (Ellis) - Texas Energy and Communications
Commission: would abolish the Public Utility Commission of Texas
(PUC) and the Railroad Commission of Texas (RRC) and create the
Texas Energy and Communications Commission (TECC) consisting of
three commissioners to carry out many of the functions of the abolished
agencies. The bill would provide that: (l) the TECC is responsible for
the regulation of electric, telecommunications, and gas utilities; oil and
gas exploration and production; gas transportation and use; hazardous
liquid and carbon dioxide pipelines; common carriers, public utilities,
and common purchasers; used oil field equipment dealers; oil tanker
vehicles; certain transporters of oil or petroleum. products; and pipeline
assessment and testing; (2) on January 1,2005, all powers, contested
case hearings, property, and all other matters concerning the PUC are
transferred to the TECC; and (3) on January 1,2005, the powers of the
RRC shall be divided among the TECC, the TCEQ, the General Land
Office, and TxDOT.
.
S.B. 1049 (Wentworth) - Libraries: would make the following
changes regarding city libraries and library districts: (1) provide that
successful library district sales tax elections in certain cities have the
effect of automatically reducing any existing 4B economic
development sales tax to accommodate the new library tax (Note: this
provision would apply only to a city that previously objected to the
creation of a library district or a city that does not have an accredited
city library); (2) redefine "municipal public library" to mean only those
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city libraries that are accredited by the state library system, with the
result that a library district could be created in a city with an
unaccredited city library without the consent of the city council; and (3)
mandate city council consent to the creation of a library district if on
the date a petition is filed to create the district there is no accredited
city library. (Note: current law requires consent if there is no library on
the date of the election). (Companion bill is H.B. 1770 by Keel.)
S.B. 1053 (Duncan) - Texas Water Development Board: would
make several changes to the financing procedures relating to the state
water pollution control revolving fund, including the requirement that a
political subdivision file an application for a grant or loan from the
fund and that the Texas Water Development Board consider the
following in making a determination on the application: (a) the degree
to which the political subdivision has used other available resources to
finance the use for which the application is being made; (b) the
willingness and ability of the political subdivision to raise,revenue; (c)
the commitment of the political subdivision to water conservation; and
(d) the benefits that will be gained by making the grant.
.
S.B. 1066 (Shapiro) - Traffic Congestion: would allow the Texas
Department of Transportation (TxDOT) to: (1) finance high occupancy
vehicle (HOV) lanes and enter into an agreement with a transit
authority, a regional mobility authority, a city, or a transportation
corporation for the design, construction, operation, or maintenance of
an HOV lane; (2) authorize TxDOT to allow a motorcycle or low
emissions vehicle to use an HOV lane; (3) authorize TxDOT to charge
a toll for use of an HOV lane, provide for civil and criminal penalties
for failure to pay tolls, allow the use oftolltags, and require that tolls
assessed be deposited in the state highway fund to be used only for
projects for the improvement of the state highway system; and (4)
allow TxDOT to designate exclusive lanes for certain types of vehicles.
S.B. 1068 (Jackson) - FirelPolice Complaints: would provide that if
any law enforcement officer or firefighter is required to respond to a
complaint against him/her, a signed copy of the complaint shall be
given to him/her within a reasonable time before the date on which
he/she is require to respond.
S.B. 1082 (Ogden) - Right-of-Way Acquisition: would provide that
the Texas Department of Transportation may borrow from the
permanent school fund for the purpose of acquiring rights-of-way for
the state highway system.
.
S.B. 1083 (Ogden) - Transportation Project Financing: would
allow the Texas Transportation Commission to issue bonds and other
public securities, not to exceed $5 billion, secured by a pledge of and
payable from revenue deposited to the credit of the state highway fund;
and would mandate that $1 billion from the sale of the bonds and other
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public securities issued may be used only to fund highway safety
improvement projects that correct or improve hazardous locations on
the state highway system.
S.B. 1085 (Madia) - Signs and Billboards: would amend the Texas
Transportation Code to: (1) require that any governmental entity,
including a city, which prevents the maintenance or requires the
discontinuance of maintenance of signs and billboards visible from an
interstate or primary highway shall pay compensation as if it had
acquired the sign by eminent domain, including damages to remaining
or contiguous property (Note: the Local Government Code currently
requires compensation for removal of certain signs by cities based on
amortized revenues, which could be less or more than the provisions
under this bill); and (2) require governmental entities, including cities,
to permit the relocation of signs and billboards visible from highways
which must be removed because of highway construction or widening,
and to allow the heightening of signs which are less visible because of
construction, such as grade changes. (Companion bill is H.B. 2207 by
Hilderbran. )
.
S.B. 1086 (Staples) - Animal Control: would provide that cities
located in counties of less than 75,000 in population are exempt from
animal impoundment facility standards adopted by the Texas
Department of Health. (Companion bill is H.B. 937 by Farabee.)
S.B. 1099 (Barrientos) - Subdivision Regulation: would provide that
any county that has area in the extraterritorial jurisdiction (ETJ) of
Houston or in a county within fifty miles of an international border is
not subject to the requirement of entering into an agreement governing
who will regulate subdivisions in the ETJ.
S.B. 1100 (Barrientos) - Landfills: would allow the Texas
Commission on Environmental Quality to issue a notice of violation
requiring a municipal solid waste landfill that is located 3,000 feet or
less from at least one residence in a residential area containing at least
20 residences to abate an odor that interferes with the reasonable use
and enjoyment of a neighboring landowner's property.
S.B. 1106 (Nelson) - Sales Tax Exemption: would exempt from sales
taxes equipment and machinery used for certain research and
development. The exemption would be phased-in starting in 2006, and
would be fully effective by 2010. (Companion bill is H.B. 976 by
Grusendorf.)
.
S.B. 1131 (Harris) - Court Surcharge: would impose a $100 state
surcharge on convictions involving misdemeanor alcohol offenses
prosecuted in municipal court (i.e. public intoxication, open containers
in a vehicle), and would require the city to remit the surcharge revenue
to the state to be used to fund regional planning commissions, other 9-
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1-1 jurisdictions, and regional poison control centers.
.
S.B. 1164 (Barrientos) - Utilities: would require a municipally-owned
utility that erroneously under-bills customers to provide the following
on or with the next bill: (1) a description of which charges on the
current bill represent the past under-billing; (2) information about
whether the utility offers a payment plan and how to apply for such a
plan; and (3) a customer service telephone number.
S.B. 1174 (Harris) - Military Service: would authorize a city to
continue salary payments to active military employees. Under the bill,
certain reservists called to active duty may continue to receive salary
for pay periods beginning after September 1, 2002.
.
S.B. 117S (Harris) - Tow Trucks: would: (1) allow a city to regulate
the fees charged or collected in connection with a non-consent tow that
originates within the city's limits; (2) require two or more political
subdivisions that regulate the fees for a non-consent tow in an area to
enter into a written agreement to establish a single schedule ofthe
maximum fees that may be charged for non-consent tows in the area;
(3) provide that if no agreement is reached, the tow fees will be the
lowest maximum fee for a non-consent tow allowable in the area; (4)
require a political subdivision that regulates non-consent tows to
establish a procedure for towing companies to request a tow fee study
be performed; and (5) require a political subdivision to establish or
amend allowable fees for non-consent tows at amounts that represent
the fair value of the towing company's services and are reasonably
related to any financial or accounting information provided to the
governing body.
S.J.R. 38 (Brimer) - Pensions: would amend the Texas Constitution
to provide that payment of retirement benefits from a public retirement
system is a contractual relationship, and benefits accrued by a person in
the system may not be reduced or impaired. The amendment would
apply to a system that is not a statewide system that provides benefits
to public officers and employees, and to a statewide system that
provides benefits to volunteer emergency services personnel. (Note:
this resolution is similar - but not identical- to H.J.R S4 by King.)
S.J.R. 43 (Ogden) - Right-of-Way Acquisition: would amend the
Texas Constitution to authorize legislation like S.B. 1082, above.
S.J.R. 44 (Ogden) - Transportation Project Financing: would
amend the Texas Constitution to authorize legislation like S.B. 1083,
above.
.
TML member cities may use the material herein for any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization oft/re
Texas Municipal League.
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I Legislative Services
'" Click Here I
MUNICIPAL PRIORITIES NOT
PREY ALENT IN STIMULUS DEBATE
.
House Ways and Means Committee Chairman Bill Thomas (R-
California) recently introduced the President's $723 billion economic
stimulus package, the "Jobs and Growth Tax Act of 2003" (H.R. 2).
The legislation calls for acceleration of the ten-percent individual
income tax rate bracket expansion, acceleration of the reduction in
individual income tax rates, acceleration of marriage penalty relief,
acceleration of the child tax credit, elimination of the double taxation
on corporate dividends and an increase in expensing for small
businesses.
Municipal priorities for investment in critical infrastructure and
homeland security, and an overall balanced policy of fiscal
responsibility at the local, state, and federal levels of government are
not in the forefront of the current debate on an economic stimulus for
the country.
Thomas laid out an aggressive timeline for House action where the
Ways and Means Committee will hold hearings on H.R. 2 in early
March. A full committee mark-up is anticipated the third week of
March, and a vote on the floor of the House could come by end of the
month.
.
Since Congress returned to work in late January, several economic
stimulus proposals have been introduced, including the "State and
Local Aid and Economic Stimulus Act of 2003" (S. 201), a state and
local government fiscal relief proposal sponsored by Senators Olympia
Snowe (R-Maine) and Charles Schumer (D-New York). This bipartisan
bill would "direct $20 billion to states and $20 billion to local
governments to help them continue needed services and stop further tax
increases as they work to close their budget gaps."
http://www.tml.org/leg_updatesllegis_update31403e_debate.htm
Page 1 of3
3/17/2003
Municipal Priorities Not PrevalenWtimulus Debate
e
.
Senate Minority Leader Tom Daschle has also introduced a Senate
Democratic alternative that would provide $15 billion for states and
localities. Twenty percent of this funding would be passed through to
local governments, including $5 billion for "hometown" security, $6
billion to fund major programs in the No Child Left Behind Act and $4
billion for infrastructure. It would also provide $2.9 billion in
additional funding for highways, $700 million for mass transit and
$400 million for airport construction. State matching requirements
would be waived.
Approximately half of the cost of the President's proposed economic
growth package (H.R. 2) would be attributed to the elimination of taxes
on dividends. This proposal has created significant concern in the
municipal bond market, where investment in tax-exempt municipal
bonds could become less attractive if the tax-free dividend proposal
passes. This, in turn, could affect the cost of local and state bonds used
for infrastructure financing, general obligation debt, low-income
housing, and other purposes. At a minimum, municipal borrowing
could become more expensive.
.
The elimination of revenue from taxes paid on dividends could also
affect many state and local tax revenue structures that mirror the
federal tax code. With states facing a collective 2003 budget shortfall
of approximately $67 billion, this change in federal tax law could
hinder changes in state and local tax administration to help buffer
additional budget deficits. The long-term effects of the
Administration's economic growth plan would not be seen until fiscal
year 2007, according to the Congressional Budget Office.
The National League of Cities is working with other local and state
government organizations and the staff of leading members of the
Senate Finance Committee and Ways and Means Committee to
communicate support for state and local fiscal relief in any final
stimulus agreement.
.
A recent survey conducted by the National League of Cities (NLC)
shows that 73 percent of city officials say their local economies are
weaker this fiscal year than last year due to higher costs for public
safety, health care, and infrastructure and lower revenues from sales
taxes, income taxes, tourist-related taxes and cuts in state revenue
sharing. City and state budgets are being squeezed by the weak
economy, close to $3 billion in unfunded homeland security spending,
and sharply rising Medicaid costs. There is an unparalleled state
financial crisis with a total 2003 budget shortfall of $67 billion and an
anticipated $60 billion to $85 billion shortfall in 2004.
NLC's policy supports an anti-recession fiscal assistance program to
offset the revenue losses of municipal governments during periods of
http://www.tmI.org/leg_updates/legis_update31403e_debate.htm
Page 2 of3
3/17/2003
Municipal Priorities Not Prevalent.timulus Debate
e
.
national economic decline, as well as expansion of cities' ability to
issue municipal bonds to help fund public-private partnerships or other
appropriate ventures in those areas needing economic stimulus or
development.
(Article by Deborah Rigsby, NLC)
TML member cities lilay use tire material hereinfor any purpose.
No other person or entity may reproduce, duplicate, or distribute any part of this
document witlrout tire written authorization of tire
Texas Municipal League.
Back tQ. Legjslauye 1liWate Index
I !..ffi!.!i!,t.\JlYL...'iliR.YK ES I
LI~\t1S.J.g; ISLA T!!B.E ONLI N E I
@2003 Texas Municipal League Austin, Texas (512) 231-7400
.
.
http://www.tml.orglleg_updates/legis_update31403e_debate.htm
Page 3 of3
3/17/2003
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(~ILL CAPTION FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
.ILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(-) The affidavits are available
under discovery. I am not in
favor of making all affidavits
open public records. The
affidavit has to meet a judges
review before warrant can be
issued.
PD
Keel
Relating to make arrest
warrants and certain
affidavits made in SUDDort of
the issuance of arrest
warrants available for Dublic
insDection.
02/03/03
Committee to
Calendars
Companion Bill HB
354 by Dutton
H
11/12/02
Filed
HB 0013
No opinion, we issue honorably
retirees, retired ID and badge. If
a retiree passes away, if
requested we would in all
Iiklihood provide a uniform to be
buried in.
PD
Keel
Relating to the Durchase of a
badge, insignia, weaDon, or
uniform of a Deace officer or
fire fiahter.
03/11/03
Reported to Comm
as substituted
H
11/12/02
Filed
HB 0014
(+) Source of BEACON grant
and funding for public libraries.
Would extend "Sunset"
expiration to 2009 and increase
limit of allowed deposits to $2
billion.
MIS
Turner
Relating to the continuance
of the Telecommunications
Infrastructure Fund Board
and the Umitatior deDosits to
the telecommunications
infrastructure fund.
11/19/2002 SB
Filed Referred to
Finance Committee
11/12/2002
H Filed
HB 0046
(-) Up to 10 hours of leave in
each 12-month period.
Employee must provide at least
24 hours written notice. May use
but is not required to use paid
leave offered by employer.
Penalities for non-compliance.
HR
Turner
Relating to the right of an
emDlovee to time off from
work to meet with certain
Dersons affecting the
education of the emplovee's
child.
HB 0355
11/12/02
H Filed
Sched. for
Public
Hearing -
03/19/03
HB 0050
House and Senate Bills 2003.xls
Tracking Chart for
of 27
1
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTION FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
Officials and citizens may prefer
4 uniform election dates-
Elections administrators prefer
the reduction no response
(-) Negative Impact - literally
"freezes" valuations of these
homesteads - and we have a
large senior population. Will
continue to monitor.
CSO
CMO
FINANCE
Hilderbran
Seaman
Brown, Fred
Reduce the number of
uniform election dates
Relatina to the desianation
of enterDrise zones and
enterDrise Droiects.
Relatina to Iimitina the
amount of county or
municiDal ad valorem taxes
that mav be imDosed on the
residence homesteads of the
elderly and their survivina
SDouses.
Scheduled
for Public
Hearing
H
H
11/12/02
Filed
11/12/02
Filed
HB 0074
HB 0136
HB 0102
(0) Bill relates to increasing sales
tax for street maintenance - LP
has no such tax.
PW
Truitt
Relatina to the rates at
which the municiDal sales
and use tax for street
maintenance mav be
imDosed.
Committee
report from
Local Gov
ways and
Means sent
to
Calendars
HB 0164
Tracking Chart for House and Senate Bills 2003.xls
2 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTION FROM
TML UPDATE)
TML
POSITION
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(0) Adds a provision to pay
victims expenses to attend an
execution.
PD
Keel
in
rred
an execution.
(IF Kt:lOWN)
03/13/03
Committee Report
printed
H
11/14/02
Filed
...
HB 0170
(0) None - bill relates to utilities
placed with the Trans-Tex
Corridor - will not affect LP.
(+) The true issue here is the
expense of establishing this
program. Some intersections
could be very costly. Tech may
reduce costs in future. It can be
very effective. Would
recommend on high speed
streets, etc.
No Impact
(0)
PLNG/PW
FINANCE
PO
King
Pitts
Berman
ofa
of
s-
Referred to IHB 158 - Referred
Transportation to Transportation
H
H
11/15/02
Filed
11/18/02
Filed
HB 0187
HB 0193
HB 0200
House and Senate Bills 2003.xls
Tracking Chart for
3 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTION FROM
TML UPDATE)
TML
POSITIQN
(IF KNOWN)
COMPANION
BILL OR
-RESOLUTION
STATUS
BILL BILL
NUMBER'I STATUS
FOLLOW UP ACTION
(+) Already City's past and
current practice for Stop Loss
coverage.
MUNICIPAL
COURT
PURCH
/
HR
Puente
Brown, Fred
ndant's
counsel in
Endorses
02/26/03
SB 701 Filed
Referred to
Intergovernmental
Relations
Committee
H
11/18/02 H
Filed Sent
to Local &
Consent
Calendar
11/18/02
Filed
HB 0207
HB 0211
No impact on City based on
current sign regulations. Would
recommend a better definition of
"political message".
Negative, but small impact
House and Senate Bills 2003.xls
(-)
PLANNING
FINANCE
Tracking Chart for
Keel
Smith. Todd
Relatina to an exemption
from the sales and use tax
for food sold durina certain
athletic events.
4 of 27
H
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
H
11/18/02
Filed
11/22/02
Filed
HB 0212
HB 0225
RED BY THE CITY OF LA PORTE
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTION FROM
TML' UPDATE)
SENATE BILLS MONI
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS '
I
HOUSE
I!IILL BILL
NUMBER I STATUS
.
FOLLOW UP ACTION
(+) It has been used in the pas'
and was very effective. It was
stopped due to question of legal
grounds to establish Ck Points.
(O) May be more trouble than it is
worth. It shows to be dropped
from the schedule. We do not
maintain an impound lot and
could be under certain conditions
responsible for impound fees.
PO
PO
Smith. Todd
Pickett
of
res
HI 03/17/03
Scheduled for Pulic
Hearings
03/10/03
Dropped from
Schedule
H
11/22/02
Filed
12/06/02
Filed
HB 0226
HB 0257
CMO
Wolens
Relatina to the fundina of
convention center hotel
facilities in certain
municipalities.
H
12/09/02
Filed
HB 0262
(O) No real issue. We already
report some of this information
Tracking Chart for House and Senate Bills 2003.xls
PO
Naishtat
Relatina to the collection
analysis. and dissemination
of information relatina to
certain sexual offenses.
5 of 27
03/05/03
Referred to LE
Committee
H
(O) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
12/09/02
Filed
HB 0270
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL: CAPTION FROM
TML'UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(0) Allows city to lower speed
limit below prima facie wihtout
traffic study if motorist or ped.
killed. Substantial change in
legislation. Also requires
reauthorization every 180 days.
PLNG/PW
Moreno, Paul
(+) Would allow HR access to
additional information during pre-
employment process.
(Possibility of ADA issues being
discussed.)
CSO
HR
Dennu
Chisum
Q.f a
r
Referred to
Transporta-
tion
HB 0282
of
to
H
H I No Companion
12/19/02
Filed
1/3/2003
Filed
03/04/03
Left Pending
in Business
& Industry
Committee
HB 0307
HB 0328
PLANNING
House and Senate Bills 2003.xls
Villareal
Tracking Chart for
tion and
e and a
6 of 27
H
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
1/07/03
Filed
HB 0334
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DI!8CRIPTION
(BILL CAPTION FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(-) Not in favor of abolishing the
death penalty; however, this is
an issue that each person should
consider carefully and it goes to
vote, vote their desire.
PD
Dutton
02/06/03
referred to
Criminal
Jurispru-
dance
committee.
HB 0345
(-) Not in favor of. Lawyer term
unduly added and other
exceptions deleted that prevent
access to information that could
be obtained under discovery
rules.
PD
Dutton
Relating to access to certain
law enforcement and
prosecutorial records under
the public information law.
HB
02/10/03
Referred to State
Affairs
Companion Bi
013
1/08/03
H Filed
HB 0354
(-) Up to 10 hours of leave in
each 12-month period.
Employee must provide at least
24 hours written notice. May use
but is not required to use paid
leave offered by employer.
Penalities for non-compliance.
HR
Dutton
HIHB 0050
1108/03
Filed
Sched. For
Public
Hearing -
03/19/03
HB 0355
(0) Up to 2 hours in each
semester. Employee must
provide reasonable advance
written notice. Not required to
use paid leave offered by
employer. Addresses both
parents employed by same
organization. Penalties for non-
compliance.
HR
Dutton
1/08/03 HINO Companion
Filed Sched.
For Public
Hearing -
03/19/03
HB 0356
Tracking Chart for House and Senate Bills 2003.xls
7 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTION FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR '
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(-) Employer may not impose,
if dispute involves unlawful
employment practice under
jurisdication of Commission
Human Rights or federal Eq
Employment Opportunity
Commission.
on
ual
HR
Dutton
1/8/2003 HINO Companion
Filed Sched.
For Public
Hearing -
03/19/03
HB 0359
Negative impact on La Porte.
Instead of Cities deciding which
remedy to use to abate
nuisance, a court will decide
which remedy to use. Also,
initiated by suit from property
owner.
PLANNING
Dutton
ies
H
1/8/2003
Filed
HB 0378
(0) City already allows
inspection of personnel records
by employees. Does not entitle
employee to remove records
from inspection location.
Commission on Human Rights
enforce compliance as lawful
employment practice.
HR
Dutton
01/08/03
Filed
02/10/03
Referred to
State Affairs
Committee
HB 0379
(-) Not in favor of this change.
Dept can control Class Arrests
through policies if necessary
PO
Dutton
Relatina to citation and
arrest for a Class C
misdemeanor.
02/10/03
Referred to LE
Committee
Companion Bi
HB 1835
H
1/8/2003
Filed
HB 0383
House and Senate Bills 2003.xls
Tracking Chart for
8 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
SENATE BILLS MONI.RED BY THE CITY OF LA PORTE
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
FOLLOW UP ACTION
Positive Impact
(+)
FINANCE
Pitts
(BILL CAPTION FROM
'TML UPDATe)
Relating to the effect of tax
increment financing bY
certain taxing units in the
calculation of ad valorem tax
rates for those taxina units.
DI!SCRIPTION
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
1110/2003
H Filed
HB 0390
.
Negative Impact
(-)
FINANCE
Mowery
Relatina to reauirina voter
aDDroval for the issuance by
a municiDalitv or county of
certain certificates of
obliaation.
1/13/2003
H Filed
HB 0397
FINANCE
Miller
Relatina to water
imDrovement Droiects
authorized to be undertaken
by certain economic
develoDment corporations.
(+) Bill prohibits state agencies
from imposing costs on local
gov't unless specifically
authorized by legislature.
Tracking Chart for House and Senate Bills 2003.xls
PW/ADM
Christian
Relatina to the adoDtion of
state aaency rules that
imDose certain costs on
local aovernements or
Dersons.
9 of 27
HB 0407 1/13/2003
H Filed
HB 0426 Left pending SB 1766 Filed.
in
committee
(State
Affairs)
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
RED BY THE CITY OF LA PORTE
SENATE BILLS MONI
HOUSEl
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
CAPTION FROM
TML UPDATE)
(BILL
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLYTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
Would not want to compromise
City's disaster plan - will continue
to monitor
CSO/
J. Sease
Allen
ster
Referred to
State Affairs
HB 0437
Would increase voting
participation - will continue to
monitor
CSO
Raymond
Referred to
Sub-
committee
HB 0441
Would increase voting
participation
CSO
Jones of Dallas
n
Left pending
in
Committee
HB 0490
Increase availability of election
workers
Tracking Chart for House and Senate Bills 2003.xls
CSO
Dutton
to the
comDensation of an electiqn
.udge or clerk
10 of 27
Reffered to
elections
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
HB 0502
. HOUSE I SENATE BILLS MONI RED BY THE CITY OF LA PORTE
I
--
COM"ANION DESCRIPTION IMPACT ON LA PORTE
l'ML
BILL BILL BILL OR ASSIGNED
POSITION - . SPONSOR
NUMBER ~TATUS. RESOLUTION (BILL CAPTION FROM TO FOLLOW UP ACTION
(IF KNOWN)
STATUS TMLUPDATE)
HB 0526 01123/03 No Companion Relatim: reDorts on the Smith MIS (-) Could be administratively
Filed yulneral v of local cumbersome and costly.
aoyernr t comDuter
system. d electronic data
to harm IJnauthorized
access.
HB 0566 the Dursuit of a Berman HR (+) Would discourage
rn aaainst a employees' use of unnecessary
:>mDensation Workers' Compensation claim
, a health care for regular medical care.
HB 0662 Referred to the riaht of a Van Arsdale CSO Positive impact would increase
Land and an area included noters. Would require an
Resource :>al annexation amendement to constitution HJR
Manage- ~ in a municiDal 36 - Will continue to monitor
ment
j
HB 0669 03/05/03 the authority of a Deshotel PO (+) Allows cities to adopt a Clas:
Public nuniciDalitv te C criminal trespass ordinance.
Hearing dinance
held and left criminal
pending in royidina for a
Urban naltv.
Affairs
Committee
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
11 of 27 Tracking Chart for House and Senate Bills 2003.xls
--- HOUSE I SENATE BILLS MONI RED BY THE CITY OF LA PORTE
I
COMPANION DI!8CRIPTION
BILL TML IMPACT ON LA PORTE
BILL BILL OR ASSIGNED
.. , . POSITION SPONSOR
NUMBER STATUS RESOLUTION (IF KNOWN) (BILL CAPTION FROM TO
STATUS TML UPDATE) FOLLOW UP ACTION
HB 0690 02/04/03 No Companion health t lefit Coleman HR (-) Could be cost prohibitive on
Filed lae for c :ain the City's health plan.
02/12/03 uries th !!!J
Referred to amino.
Insurance
Committee
t
HB 0720 02/05/03 SB 418 & HB 1810 tion Eiland HR (?) Could severely limit City's
Filed Sched. ????? :)f health plan administrator's
For Public und operations for payment of claims.
Hearing -
03/17/03 ~
HB 0833 02/11/03 No Companion -
Hochberg HR (+) Would require injured
Filed :est employee to pay difference for
Referred to livin name brand prescriptions when
Business & on generic is available.
Industry
Committee
HB 0843 -
02120/03 Companion Bi m..!J Barrientos PO (+) This bill makes a distinction
referred to HB 1368 by !!!!! between false statements on a
subcomm of McReynolds to a felony offense verses a
License & misdemeanor offense.
Admin e.
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
12 of 27 Tracking Chart for House and Senate Bills 2003.xls
LA PORTE
SENATE BILLS MONI1rED BY THE CITY OF
DE.C~PTION
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
'(BILL 'CAPTION FROM
TML
,POSITION
(IF KNOWN)
COMPANION
BILL .OR
RESOLUTION
STATUS
- BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
Officials and citizens may prefer
4 uniform election dates-
elections administrators prefer
the reduction no response
mpact is unknown at this time.
Will continue to track
(+) Would assist the City's
health plan with retiree's that
have several years to Medicare
eligibility.
CSO
CSO
HR
Denny
Alonzo
Alonzo
TML UPDATE)
Relatina to the dates on
which elections ma~be held
ReDresentatlon of
constituents on state and
local~overnina bodies
Relatina to Increases in
Dremiums Dald for certain
individual health insurance
Dolicies or Dlans.
Scheduled
for Public
Hearing on
March 5
Referred to
State Affairs
02/13/03 No Companion
Filed
02/19/03
Referred to
Insurance
Committee
HB 0872
HB 0967
HB 0968
Support
CSO
Miller
Relatina to Drohibitina a
aovernmental bodv from
dlsclosina a Derson's social
security number to a
member of the DubUc
without the Derson's written
consent
Referred to
State Affairs
1015
HB
House and Senate Bills 2003.xls
Tracking Chart for
13 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
SENATE BILLS MONIWRED BY THE CITY OF LA PORTE
HOUSEl
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
~E.CRlPTION
(BILL CAPTION FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
- , .
RESOLUTION
STATUS
BILL
STATUS
BILL
NUMBER
FOLLOW UP ACTION
Could have a negative impact on
City - Will continue to monitor
CSO
Wentworth
Would reauire public
information be provided
"promptlv"
Referred to ISB 84
State Affairs
1083
HB
.
Negative impact- although good
cause, has potential to open the
door to additional pass through
utility fees that could have an
adverse effect on La Porte - WI
continue to monitor
Parks & Rec
Luna
Relating to the authority of a
municipality to Imoose and
use utility fees for certain
disabled access
improvements.
2/24/2003
referred to
Local Gov't
Ways &
Means
Committee
1089
HB
(+) Highly supportive, number of
companion bills approach
subject through different
statutes. Protects sensitive
information collected and allows
for meetings on issues that are
exempt from open meeting
requirements.
PD
Allen
Relating to the
confidentiality of. and the
application of the public
information law to certain
sensitive information
Companion Bills:
HB437, HB533,
HB1302, HB1586,
SB647, SB763, &
SB872
03/1 0/03
Pending in
Committee
1191
HB
Amends Chapter 212 LGC,
Contains a 45-year limit on
duration of agreements and
extensions.
House and Senate Bills 2003.xls
PLNG
Tracking Chart for
Krusee
in
Relatina to Development
Aareements between
!:!!.!IDicipalitv and owner
ETJ
14 of 27
Scheduled
for Public
Hearing
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
1197
HB
. HOUSE I SENATE BILLS MONI ED BY THE CITY OF LA PORTE
-- . .
COMPANION DESCRIPTION
BILL OR TML IMPACT ON LA PORTE
BILL BILL ASSIGNED
STATUS RESOLUTION POSITION (BILL CAPTION . FROM SPONSOR
NUMBER. TO
(IF KNOWN) FOLLOW UP ACTION
STATUS TML UPDATE)
HB 1257 03/05/03 laws reI Allen PO (+/0) Reorganizes the laws and
Referred to I of wea clarifies exceptions.
LE Comm. IIhere w
ed and I
r1 of tho:
HB 1272 3/18/2003 te an en Kolhorst E1S (0) The city could possibly
vices Ih recoup some funds if an
Jse to al individual owing the city for their
lerson v treatment was to win a claim.
leraenc How we would even know they
re may 1 had filed a claim is unknown.
naaes f4
iurv
HB 1326 03/17/03 the civil Martinez! PD (+) Establishes the offense of
Scheduled r1seauel Fischer racing on streets and offense to
for Public Itor vehi be a spectator of these races.
Hearing way or ! Designed to address the issue
iPectato that Houston is facing. Will be
Ir vehicl helpful.
dina pe ~
HB 1356 02/26/03 the rele Thompson HR (+) Would allow City to request
Filed rmation claims information and status
03/03/03 Workel reports from the Workers'
Referred to :ionclail Compensation Commission.
Business &
Industry
Committee
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
15 of 27 Tracking Chart for House and Senate Bills 2003.xls
ED BY THE CITY OF LA PORTE
SENATE BILLS MONI
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTIc;tN FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION.
STATUS
,.ILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
This Bill creates Subchapter K of
2153 of the Occupations Code
and appears to address
charitable organizations. It can
be the door opener for 8-liners.
Will force city to hold election to
allow or not.
EX STAFF
COUNCIL
Hupp
03/05/03
Referred to
Licensing
and Admin
Procedure
1407
HB
City employees can be
construction managers,
otherwise need to be certified
and licensed. No impact on City.
(-) Allows navigation districts
(POH) to pass, amend and
repeal any ordinance, rule or
police regulation within a city.
Could allow Port of Houston to
ignore local laws and ordinances
(Zoning, development)
Positive impact on City
PLNG
PLNG
PW/Adm
Flores
Callegari
Driver
Construction Manaaement -
of Electricians
Relatina to
and authorit'
Districts
Licensin
Referred to
Licensing
and Admin
Procedure
Left pending
in
committee
Referred to
Natural
Resources
1408
HB 1487
HB
1541
HB
House and Senate Bills 2003.xls
Tracking Chart for
16 of 27
(O) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
SENATE BILLS MONI~ED BY THE CITY OF LA PORTE
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
'(BILL CAl!TION F~OM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANIQN
BILL OR '
'RESOLUTION
STATUS
BILL BILL
, -
NUMBER I.. STATUS
FOLLOW UP ACTION
(O) This applies to firms
,contracting to public agencies to
supply EMS services.
(-) Could be cost prohibitive on
the City's health plan.
HR
E/S
Haggerty
Coleman
Would restrict clvilliabilitv
for certain EMS Drovider to
the limit that their Dublic
aaency is liable for.
Relating to coverage of
anorexia and bulimia as
serious mental illnesses
under certain grOUD health
benefit Dlans.
3/18/2003
03/03/03 No Companion
Filed
03/06/03
Referred to
Insurance
Committee
1551
1558
HB
HB
(+) Would provide clarification
and regulations for employee
safety.
HR
Coleman
Relating to a study of toxic
molds conducted bv the
Texas DeDartment of Health.
03/03/03 No Companion
Filed
03/03/03
Referred to
Public
Health
Committee
1560
HB
(+) Necessary clarification and
limitation to allow officers to
assist another agency in an
emergency. Will make more
jobs easier in supporting each
other in the event of a terrorist
attack, or similar emergency.
PO
Relating to authority of I Stick
certain Deace officers during
an emergency.
03/10/03
Referred to
LE
Committee
1586
HB
Tracking Chart for House and Senate Bills 2003.xls
17 of 27
(O) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
SENATE BILLS MONI"RED BY THE CITY OF LA PORTE
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
COMPANION DESCRIPTION
BILL BILL BILL OR. TML
. ,POSITION.
NUMBER I STATUS I RESOLUTION IIF KNOWN I (BILL CAPTION FROM
STATUS ( . ) TML UPDATE)
FOLLOW UP ACTION
(-) Provides additional avenue
of retaliation on employer.
HR
Woolley
Relating to notice of right to
file a civil action under the
Texas Commission on
Human Rights Act.
1648 Identical
SB
03/04/03
Filed
03/10/03
Referred to
Economic
Develop.
Committee
1682
HB
Negative impact on City
PLNG
Kuempel
Contractor Liability -
contractor Is not resDonsible
for Iniury. damaae or death if
following sDecifications of
DubUc aaenc-'y
Referred to
Civil
Practices
1684
HB
City
(+) Would require prior
authorization for certain brand
drugs that are preferred for
certain common diagnoses.
currently has required
preauthorization when
prescription costs reach a ce
dollar threshold.
HR
Relating to DrescriDtion drug I Delisi
benefits under the grOUD
health benefits DrOgrams for
certain governmental
emDlovees and retired
emDlovees.
03/05/03 SB 1173 Filed
Filed 03/11/03
03/10/03 HB 2015 Filed
Referred to 03/10/03 =
State Health Duplicate .
Care
Expend
1699
HB
Poorly worded Bill. Not sure
what is meant by "additional
requirements".
House and Senate Bills 2003.xls
PLNG
Tracking Chart for
W. Smith
Junked Vehicles - city can
adoDt additional
reauirements that exceed
State standards
18 of 27
1744
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
HB
LA PORTE
SENATE BILLS MONITED BY THE CITY OF
DI!SCRIPTION
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
(BILL CAPTION FROM
TML UPDATE)
TML
,-OSITION
COMPANION
BI,LL OR
RESOLUTION
STATUS
BILL
NUMBER I STATUS
BILL
FOLLOW UP ACTION
(-) Establishes procedure for
collective bargaining without the
publics approval. This decision
should remain with the people.
PO
Bailey
(IF KNOWN)
Companion Bills: Texas Relating to the aDDlicabilitv
SB562, SB844, Municipal pOlicelof the Fire and Police
SB1026, and SB672IAssoc. does not EmDlvee Relations Act.
support this
action.
03/11/03
Referred to
Urban
Affairs
1773
HB
(-) Negative impact on La Porte.
Would make City responsible for
mediating disputes to contracts
PLNG/PW
Y. Davis
Public Works Contracts -
would reauire City to
oversee Mediation efforts
between Prime and Sub-
contractors.
Referred to
State Affairs
1774
HB
(+) Added Governor authority
for disaster designation even if
President does not designate.
However, confusing wording.
HR
Oliveira
Relating to an exclusion
from unemDloyment
comDensation charge backs
based on a seDaration of
emDlovment caused by
certain disasters.
03/06/03 SB Filed 03/11/03
Filed
03/11/03
Referred to
Economic
Develop.
Committee
1780
HB
(+) Eliminates verbiage and
clarifies benefits. Increases
supplemental death benefit for
retirees from $5,000 to $7,500.
HR
Relating to DarticiDation and I Kuempel
credit in. contributions to.
and benefits and
administration of the Texas
MuniclDal Retirement
SYstem.
SB 993 = Similar
03/13/03 Referred
to State Affairs
Committee
1819
HB
House and Senate Bills 2003.xls
Tracking Chart for
19 of 27
(O) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
ED BY THE CITY OF LA PORTE
SENATE BILLS MaNIt:
I
HOUSE
IMPACT ON LA PORTE
ASSIGNED
TO
SPON_OR
DESCRIPTION
(BILL CAPTION FROM'
TML UPDATE)
TML
POSITION
(IF. KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I' STATUS
FOLLOW UP ACTION
(+) This bill will prevent
TCLEOSE from creating a
requirement that officers have an
associate degree before they
can attend training which is
required by law. TCLEOSE is
trying to require AA degree to
qualify for license.
No impact charter reads exact -
no follow-up needed
CSO
PO
Pitts
Rodriguez
proarams.
onstitutional
03/12/03
Referred to
LE
Committee
Referred to
Elections
1822
1936
HB
HB
(-) Up to 1 hour of leave in
each month. Employee must.
provide at least 24 hours written
notice. May use but is not
required to use paid leave
offered by employer. Penalities
for non-compliance.
HR
Zaffirini
an
S
11/12/02
Filed
HJR 0041
the
House and Senate Bills 2003.xls
(+) In favor of increasing
penalty of offense
PO
Tracking Chart for
Zaffirini
20 of 27
Referred
S 1 02/10/03
to
ntergovernmental
Relations
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
11/12/02
Filed
SB 0033
ED BY THE CITY OF LA PORTE
SENATE BILLS MONI"t
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DISCRIPTION
- .
(BILL CAPTION FROM
. .
..., . 1.,. .
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
. ,
STATUS
.ILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
Could have a negative impact on
City - Will continue to monitor
(?) City's health plan already
addresses mental disorders.
(+) Source of BEACON grant
and funding for public libraries.
Would extend "Sunset"
expiration to 2009 and increase
limit of allowed deposits to $2
billion.
CSO
HR
MIS
Wentworth
Van de Putte
Shapleigh
Would reauire public
information be provided
"promptly"
Relating to health benefit
plan coverage for certain
mental disorders in children.
to
Relating to the continuance
of the Telecommunications
Infrastructure Fund Board
and the Iimitatior deposits
the telecommunications
infrastructure fund.
1083
Turner
HB
SIHB 46
Reported
Favorably
S
11/14/02
Filed
11/19/02
Filed
SB 0080
SB 0084
SB 0116
Licensing and regulation of the
mold remediation industry. Any
mold related work requires
licensed mold contractor. Work
to Public Buildings requires 10-
day notice to Dept. of Health. No
impact to City
PLNG
Fraser and
Jackson
Relating to the regulation of
mold remediation and other
mold-related activities:
providing civil.
administrative. and criminal
penalties.
S
11/20/02
Filed
SB 0124
Tracking Chart for House and Senate Bills 2003.xls
of 27
21
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
ED BY THE CITY OF LA PORTE
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL CAPTION ,FROM
TML UPDATE)
SENATE BILLS MONI
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS,
I
HOUSE
BILL BILL
NUMBER I STATUS
.
FOLLOW UP ACTION
Positive Impact
(+)
CSO
FINANCE
Barrientos
Barrientos
on of
mtax
S
S
11/22/02
Filed
1/08/02
Filed
SB 0129
SB 0135
Same as HB014
Would allow cities to adopt
regulations regarding the
locations of industrialized
housing includung prohibition
from residential areas.
(Positive impact to La Porte)
PO
PLANNING
Barrientos
Brimer
ndustrialized Housin
01/30/03
Referred to
Intergovernmental
Relatioins
1/14/2003
SFiled
SB 0175
SB 0192
House and Senate Bills 2003.xls
Tracking Chart for
22 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
ED BY THE CITY OF LA PORTE
SENATE BILLS MaNIT:
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SP.ONSOR
DESCRIPTION
(BILL C4'PTION, FROM
- - TML
POSITION
COMPANION
BILL OR
RESOLUTI~N
STATUS
BILL BILL
NUMBER I, STATUS
FOLLOW UP ACTION
(-) Bill identifies that property in
possession of person is
presumed to be their property
but now reverses the burden of
proof from the person to the
state. We do not need this to be
changed.
(+) Would allow City's
participation if desired.
PUR
PO
Brimer
Hinojosa
TML UPDATE)
Relatina to the forfeiture of
Contraband used in or
derived from alleaed
criminal activi
es
Relatin
and em
in state
contracts.
(IF KNOWN)
1061
HB
02/17/03
Referred to
Criminal
Justice
SB 0303
SB 0304
(-) This bill provides for an
exception for Criminal Trespass
and carrying a handgun on
government property. What is
the value or need for this bill?
PO
Armbrister
a
Companion Bill
HB878 which is
identical by Hupp
03/11/03
Public
Hearings
SB 0451
(-) Specifically addresses
applicability to Chapter 172.
Cannot exclude or deny health
benefits based on a diagnosis.
House and Senate Bills 2003.xls
HR
Tracking Chart for
Lucio
!t
al
23 of 27
02118/03 HB 1543 = Identical
Filed 03/06/03 Referred
02124/03 to Insurance
Referred to Committee
State Affairs
Committee
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
SB 0501
ED BY THE CITY OF LA PORTE
SENATE BILLS MONI"t
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
. .
DESCRIPTION
(BILL C?~ION FROM
TML UPDATE)
TML
POSITION
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(-) TOH establishes rules for
Animal Control Facilities. Bill has
good points but the only
Certifying agency TEXAS
ANIMAL CONTRO ASSOC. is
not for the certification process
as written. HCAC is against this
bill also
PO/Animal
Control
Harris
Companion Bill is
HB 1115 by Hartnett
which appears to be
identical
03/11/03
Public
Hearings
SB 0563
(+) Would assist with
decreasing Workers'
Compensation costs to
employers.
HR
Ellis
02/19/03
Filed
02/25/03
Referred to
State Affairs
Committee
SB 0572
City may require removal of on-
premise sign from inactive ;
business. Positive Impact for
City
(-) The city currently reports al
trauma calls to the TDH. To
have to provide info on all calls
made would create another time
consumming unfunded report.
This data would be posted on
TOH's web site.
PLNG
E1S
Madia
annual
s
Referred to
Intergovern
mental
Relations
3/18/2003
SB 0603
SB 0656
House and Senate Bills 2003.xls
Tracking Chart for
24 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
ED BY THE CITY OF LA PORTE
SENATE BILLS MaNIT:
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
'DESCRIPTION
(~ILLCAPTION 'FROM
TML UPDATE)
TML
POSITION
. "
(IF KNOWN)
COMPANION
BILL OR
. ... &.
,RESOLUTION
BILL BILL
NUMBER I STATUS
FOLLOW UP ACTION
(+) Already City's past and
current practice for Stop Loss
coverage.
HR/PURCH
Ogden
Endorses
STATUS
11/18/02 HB 211
Filed
Sent to Local &
Consent Calendar
02/26/03
SB 701
Filed
Referred to
Intergovern
mental
Relations
Committee
SB 0692
(+) High priority for TMPA.
Custom letter of support
requested.
PUR
Lindsay
Supports
No Companion
02/27/03
Filed
Referred to
Intergovern
mental
Affairs
Committee
SB 0701
(0) Not current issue for City but
could be for paid positions.
HR
Janek
in
No Companion
03/03/03
Filed
03/10/03
Referred to
Intergov't.
Relations
Committee
SB 0736
(+) Although imposes a fine
for non-compliance with the 7-
day submission rule, at least
allows contesting of the claim.
mprovement over current
egislation.
HR
Fraser
!!.i.
inistrative
No Companion
03/03/03
Filed
03/10/03
Referred to
State Affairs
Committee
SB 0807
House and Senate Bills 2003.xls
Tracking Chart for
25 of 27
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
ED BY THE CITY OF LA PORTE
SENATE BILLS MONI~
I
HOUSE
.
IMPACT ON LA PORTE
ASSIGNED
TO
SPONSOR
DESCRIPTION
(BILL' CAPTION FROM
'TML'UPDATE)
TML
POSITION
- .
(IF KNOWN)
COMPANION
BILL OR
RESOLUTION
STATUS
BILL BILL
.. ,
NUMBER I STATUS
FOLLOW UP ACTION
(+) Would prevent claimants
from attempting to receive
inflated benefits.
HR
Fraser
No Companion
03/03/03
Filed
03/10/03
Referred to
State Affairs
Committee
SB 0819
PUR
Lindsay
cal
01
No Companion
3/4/2003
Filed
SB 0820
Administrative burden
(-)
HR
Van de Putte
No Companion
03/05/03
Filed
03/11/03
Referred to
Intergov't.
Relations
Committee
SB 0850
(+) Both bills drop Civil Service
exception so that all complaints
have to be made in writing. Not
major issue until discipline is
necessary .
House and Senate Bills 2003.xls
PO
Tracking Chart for
Barrientos
26 of 27
Companion Bill
SB0614 by Jackson
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
03/07/03
Filed
SB 0886
ED BY THE CITY OF LA PORTE
SENATE BILLS MaNIT,
IMPACT ON LA PORTE
ASSIGNED
TO
SPO.NSOR
,(8ILL:"CAPTION FROM
, -
TML UPDAT
TML
POSITION _
(IF KNOWN)
COMPANION
BILL OR
RESOLU.TION
STATUS
BILL BILL
N~MBERl STATUS
-
FOLLOW UP ACTION
(+) Protects vulnerability
assessments for utilites from
potential terrorists.
Tracking Chart for House and Senate Bills 2003.xls
27 of 27
Referred to Companion Bill SB
State Affairs 647 by Wnntworth.
Referred to
Infrastructure Dev.
And Security
(0) = NO IMPACT
(-) = NEGATIVE IMPACT
(+) = POSITIVE IMPACT
1068
SB
ffi'Niij Continuing ["cation
~ From the Texas Municipal league
4~1~
e
MAR 10
Legislative Status Report
April 14, 2003
Hyatt Regency Austin Hotel
.. .. r- 0-
J ..;.~ I
This WorkshOD is for TML Member City Officials Onlv.
Workshop Description: The Texas Municipal League (TML) presents a one-day report on the status of
city-related legislation. This workshop is designed for Texas member city officials only.
Registration Information: Please use the attached form to register. Copy this form as needed for
additional registrations. The $124 registration fee includes course tuition, handouts, refreshments, and
lunch. The fee will increase to $149 after March 30,2003. Registration confirmation will be sent if an
e-mail address is provided. A workshop badge and confirmation will be mailed to each registered
delegate up to one week before the workshop.
Cancellation and Substitution Policy: If you are registered and cannot attend, we encourage you to send a
substitute. If you cannot send a substitute, a $45 registration cancellation fee will be assessed if written
cancellation is received by March 30, 2003. No refunds will be honored after March 30, 2003. All
cancellations must be received in writing.
Airline Reservations: Southwest Airlines offers up to 10% off most fares for air travel to and from the
workshop, with the convenience of Ticketless Travel. To qualify, call Southwest Airlines Group and
Meetings Reservations at 800-433-5368, and refer to identifier code M74S2. Reservations Sales Agents
are available 7:00 a.m. - 8:00 p.m. Monday - Friday, or 8:30 a.m. - 5:30 p.m. Saturday and Sunday
(Central Standard Time). Call no later than 5 days prior to your first date of travel.
Hotel Information: The workshop will be held at the Hyatt Regency Austin Hotel located at 208 Barton
Springs Road in Austin. To make reservations, please call the Hilton at 512-477-1234 and refer to the
Texas Municipal League's Legislative Status Report room block for discounted rates. A rate of$134
single/double is available until March 30, 2003. There is an $8.00 per day fee for self parking and $12.00
per day for valet.
Continuing Education Credit: Elected officials (mayors and councilmembers) can earn Texas
Municipal League Institute (TMLI) credits for attending this workshop. Forms will be available on site.
For fu~er information on the TMLI program, please call us at 512-231-7400, or log on to TML's Web
site at www.tml.org, or call TML's automated Fast Facts at 888-285-0898 (ask for document 201).
Special Accommodations: Let us know if you need special accommodations of any kind. We want to
help. In order to respond to any special requests, we would appreciate as much advance notice as
possible.
Questions: Please call 512-231-7400 or e-mail cheryl@tml.org.
1821 Rutherford Lane, Suite 400 . Austin, Texas 78754-5118 . 512-231-7400 . Fax: 512-231-7494
e
e
.
. Review Various Ordinance
Provisions
A. Zoning Various Ordinance Provisions
· Political Signs
· Bandit Signs
· Temporary and/or Portable Signs
B. Ordinance Provisions Relation to High Weeds
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o ~ - P0I1able signs used for political
adve11ising shall be anchored in a manner which
will prevent their being blown about by a strong
'vvind.
o Permits - No permit is required.
o Removal - Removed no later than ten ( 10) days
after the election for which they were placed. fn
the case of run-off elections, political signs may
remain in place no longer than ten (10) days
following the run-oft~.
.
o Signs are cdlowed along the outside of street
rights-o.f~way
o Signs are not aI/owed to OCClfPF the median areas
ofbolllevard fype streets,
o Placcrnent o/signs on the right-(d~ways is not
being addressed by stc?flunless the sign
size/location creates 0 traffic hazard Stofl
coordinates 1Fith the city secretolY 's office to hove
these signs relocated
,
o Removal olsignsfollowing an election is
coordinated with the city secretwy 's office,
o Anchorage is not addressed by stafl
.
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o Permits-
o No placement without first obtaining a permit.
o Permitapplication shall identify the number and
location of the sign(s),
o Permits are transkrable.
o Applicant must provide City Secretary with a bond or
insurance policy. or both in the amount of $200.00 per
sign approved,
o VIaximum of two (2) temporary sign permits per
permittee per location
o ?vlaximum of ten (10) temporary signs per permittee,
o Maximum of tour (4) consecLltive \Neeks per location.
o Thirty (30) clays required between permits tor four
consecLltive week periods,
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o Portable Si!!n - Sign not permanently attached to the
ground and is constructed to be easily moved from one
location to another. lncl udes signs mounted upon or
designed to be mounted on a trailer. wheeled carrier. or
other non-motorized mobile structure. Also includes any
vehicle or trailer parked so as to be visible from a public
right-or-way for the primary purpose of advertisement of
products or directing people to a business or activity
located on the same or nearby property or premises.
free-standing cigaref/e and gas signs locoted ot
cOI7Feniel7ce/c,roceIY stores JUIl'e not heen included in
this cOlegOly.
o Pennitted ZoninQ. District - High density residential (R-3),
Manut~lcturcd housing (MH), Neighborhood commercia!
(NC). General commercial (GC). Business industrial (BI),
Light industrial (L1) and I-[cavy industrial (HI),
.
o Placement - On-premise usage only, Placement according
to district setbacks, Placement on the right-of-vvay or in
such a manner as to create a traffic hazard is prohibited,
o UsaQ.c - Sign permit required, Permit fee is $15,00,
Maximum thirty (30) consecutive days at one time,
Maximum sixty (60) days in a calendar year. Requires at
least twenty (20) intervening days between issuance of
sign rermits,
o LiQ.htin!! - Steadv illumination is allowed as 10nQ. as
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electrical is installed in accordance with city electrical
code, Red. yellO\v. amber. green or blue lights or lights
that flash. blink. or vary in intensity are prohibited,
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o Weeds - All rank & uncultivated grO\\'1h or matter which
has grO\vl1 to more than 18" in height or which. regardless
of height. is liable to become an unwholesome or decaying
mass or a breeding place for mosquitoes or vermin.
o Public Nuisance - Weeds. brush. rubbish & all other
objectionable. unsightly & unsanitary matter of whatever
nature within 150' of anv residence or lace of business,
o Notilication - Written ~notlce for compllance.
Notification by regular mail for weeds alone, Notification
by certified & regular mail for weeds & debris.
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o Service Method - Notice to be served in person or by mail.
If personal service cannot be made & the owner's address
is unknovvn, ordinance requires two city nevv'spaper
publications within ten clays: by posting the notice on at'
near the front door of each building on the property to
which the v[olation relates: or by posting the notice on a
placard attached to a stake driven into the ground on the
propel1y to \vhich the violation relates. if the property
contains no buildings.
Notice served hI' mail onlv. Mailing is based Oil the latest
HCAD in/ormation/i)!' the propeny, The City Attorney has
de/ermined/his aeriol? s(l/i~f;es the legal oh/ig(J(iol?s (Jj/he
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o Abatement - Failure. refusal or neglect of the owner to
comply allo\vs the City to abate the violation, Abatement
is performed by a city contractor.
o MowilH:, Intervals - Ma'\imulll ~within any
~, Work to be pertormed at intervals
of not less than three .3 months unless the City determines
the violation constitutes a fire at' health hazard to an
adjoining residence or place of business,
o Billing - City bills owner for costs incurred, Non-payment
of these costs result in the filing ora lien against the
property,
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. City Manager Announcements
· City Council Works Sessions
· City Hall Open House
· Other
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. City Council Roundtable
· Code of Ethics for City Council
· Summer Youth Jobs
· Bay Front Development
· Image
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