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HomeMy WebLinkAbout03-22-2003 City Council Retreat e e 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 e . City Council Retreat March 22 2003 . . ... . .....,. La Porte; Community Library 600 South Broadway La Porte. T.exas ... . .,. . . .. Martha Gillett City Secretary e . . 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 . . . e . 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 . . . e e Youth Commission -Resolution -Program Information It e . . . e tit . . . 2 It It . . . 3 e e . . . 4 e e . . . 5 e e . . . 6 . . . e e 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. . . . e e 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. . . . e Passed by the City Council this 24TH day of March, 2003. CITY OF LA PORTE e ATTEST: Martha A. Gillett City Secretary APPROVED: Knox W. Askins City Attorney Nonnan L. Malone Mayor . . . e e Review Relationships Between the: .Comprehensive Plan .Land Use Map .Zoning Map P&Z Commission and Board of Adjustments City Council e e . . . 1 e e . . 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 .1.1.1 2(103 . 2 e e . 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: :'11,1,1100.) 5; . . 3 e e . 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) ;/I.1I"U03 . 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) ;-1.1100., . 4 e e . 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. VI4nO(L, . . 5 e e . . 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. ," 1-1100,; . I e e . 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 ~ 3/1~ll003 . . 2 e e . . 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. '- The ZBOA is not an ombudsman. Instead this Board provides the possibility of relief from unduly harsh applications of the zoning ordinance. .1' 11'20IJ.1 . 1 e e . 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 ~ 3/1412003 . . 2 . .. . e e Economic Development .The City's Commitment to Growth & Development · Infrastructure Planning · Local Sales Tax Revenues .Green Space Issues · Beautification Efforts e e . . . e e . Currellt Incentives. . r~, ~. ' ,-' J . , . ~~I. . . 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 ~ . . 2 e e . . . 3 e e . Potential[ Incentives . Local Incentives - Tax Abatement . Other Industrial · Commercial Tax Abatement · Residential Tax Abatement -Single Family - Multi-Family Development Projects e . . 4 e e . Potential Incentives . State Programs - Enterprise Zones - State Surface Transportation Program - State Transportation Enhancement - Grants and Loans for Economic Development e . . 5 e e . . . 6 . . . e e 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 1 e e March ] ] , 2003 . 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. . 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 2 . 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. e e 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. . 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. . * subject to change on an annual basis 3 . . . e e 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 4 . . . e e 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 5 e e . , .. CITV OF .LA PQRTE . INFRASTRUCTURE' PLANNING' An Overview of the City's Efforts to Position Itself for Future Growth .. . .. · Potable Water System · Wastewater Treatment System .. Watershed Planning/Development · Thoroughfare Planning/Development · Solid Waste Disposal · Special.Notation: . La Porte Tax Increment ~einvestment Zone #1 ;'r ~. . .' - . . '._ I'.. .. ~... ~y-. . ," ,... , ... ..- ....L 9.,. ... 'POTABLE.WAT'E'R.SYSTEM :- '. '. ~::' '.. .....~- .' .-. ?~ ~.~~. -;; - :.:~ ~ -~.' .:.~' .. .'? '.. . <. '....no ~,. _ . .' . ..' .... .. -Elevated,Storage Guidelines -Water Us'e: Projections vs. Capacity ", . .\ - Participation in Oversizing . .' .... 1 . . e e E~EV ATEC STQRAGE REQUJ,REMENT P~P4ECTIONS '. . . . .. .' .. ..... ... .. ." ". .. .... I. . . '. ' 3 2.5 - CI 2 0( It: o 1.5. 1-> Ull- 1 ~u 0( ~ 0,5. C10( zoO o ~ ~~ ~~ ~r8' ~",v ~-i- ~~ ~~ .~~. ~rr ~~ ~ri} ~~ YEAR I-+- Storage, Required --- Storage Available I ~. .. . , ... "... ... : . ~ . .' . . .- . ; ..... . .0 t'- . . ," ";.~..., '" '.' "-- .... :, . ~. ....c<' .._. _ . ",' ,t" . .- ...... :,. ..... . ........ . .. ,".. ..... a...,' ,. '" ..".... ., . - -----.......-... . .. ." ",' ... . . . .... ~ . ....... ...' ': .....!-> ... ... I" '.. -. .J" ..~...... p" ~......,.. ::.~.' :':!=I1:Y.Oj:.']~~O~;'.EV)I~tEj:i~usEeRpJECiiCfNS' ,,' .' <..' f, .-:.~r~_~~_.~._~_ ..:-:.;_~ .... : .._..--':':"YO_~ "':..: __..... .. _ .~~1~ :..__.... h" _.._ .:~ ..- . ;). . . . . ....,.:... 9.000 8.000 7.000 T ..~.. &.000 III 5.000 Cl . :i 4.000 3.000 2.000 1.000 0.000 N . . . 0 N . ~ . 0 N . . . 0 N . ~ - - - - N N N N N ~ ~ ~ YEAR 1-- AVG DAY PUMP -- TOTAL W/ADD BUSINESS MAX PUMP ALLOWED I ,.' .t.... ,. o. '. . ,... ~ .. ,- ~.. . . ;. .." , 2 . e e . . .' . - . .... ....::0 - -- '. WASJ:EWA.TER Tlffi.ATMENT - .... .. . -. '.. c '. ...... '.;." ~:,'SYSTEM' .. .::- . .. ...... . · Increased Service Area and Capacity for Wastewater Delivery to Gulf Coast Waste Disposal Authority " - , -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 :: .' .., ~ . ./.-- ..- :. .-" ',' ~ . . "....... . , ~UI'" c:..,. II';:P~.". '.. ,..t._. ..k'" - c.... ~ .........' .... .':.. --' .. '~,,'to;t ......~ ..~..... ,.do.... I.'" . ~ ." :.. ~WASTEWA~E~-:tIU:ATMENT-.... ;.' .::";.. .. ..,. .. :~.....:.. '...~ .'"4.:f''''''..;' " ,. ./' ...~.4;tI:""". ....,..:: .............,. ......~....., .. . '. · .. .~. '. . .,,' SYSTEM .. . bo'" .~., ,* ..i :.........~ :.. ...~ '\~'...~: :~.. .. .."'..~.: .-: _ .\:}" I~ ."'..\:. .. .'...' . ,.' '~_'--'- ;R:ecent ]j"oDtfElectlon 'provra-eo1lie'L ... ., finaD;cing to '~ake imp~ovement~ to the ':.~.., Little Cedar 'Bayou Wastewater . Treatment .Planf .- . .: - ,~:!. . ..... ... ... . .' ..~ . · Improvements will provide tre~tment capacity for 7.5 million. gaUoJ;l.s per day . (based o~ presen~ regulatory guidel~nes) . . · Participation ~n Oversizing .... J4' ..,. Dr'" :.. U.~ ~I." ~... . ... ." " 3 e e . '. .:. ... 9. . .. . . . .- . .. . .... '.' .' ~ASTEriATE~.TRE~TM~NT'FLOW.P~OJE~TlbN~. .. .~ 9.000 -- 8.000 ...- V~...~.... r..... ". . . >- c 0&.000 In z 95.000 ... ~4.ooo z o 33.000 i . 2.000 ~---.:i . '., I I -AVGDAILYFLOW I -- PLANT DESIGN FLOW I 1S'11. DESIGN FLOW . j .-llll%DESIGNFlOW 1.000 ! .1 0.000 .; ...'" ..... .g," ,,'" ;"" ~ o.~ 0."> ~. r.f' ~ ~ ~ ~ - ~ ~ 9 ~ ~ ~ ~ ~ ~ ~ . ~ ~. . YEAR :. .' . ..~",. " ~ ..... ." . . ~'.. .. . .. ....... . ,~_' ," ",141 - , ~'. :" . ~~_..~ Co""' - .. . .."..... --... ...." ..... ." ..,... . ;. ...... .. . '. ~,'..' ~~. .::.S0LIn':'W:ASTE.-DISPOSAL ..' :.-' '... Io,:t ... ,_ ...to. ~.. .." .. ..:~ ./;..;!. :~).~., """l..::." ,~:,>., /....:. ~~... ....,,,.~:.. ..?-~., ....>,;. ~;,,"..' '.. -:.. ~:. City prtrciited":landllnd a petm.t -to dlspos-eo( '. . .-:. ' Solid' Waste c.-- ~ ..,.' .. , .. ,. :. .. . . ...; I .~~.' ....;> -I . '. ' . - . . .. . . .' :. Because disposal costs remained competitive, .'::. '.: the City n~ver opened/oper~ted this landfill . -." .....:.. .. _ · Evaluation o~ disposal options ~ndicated that it .' _. .: is more cost effective for the City to collect and _~: .' transport solid waste up to 100 miles than . ".. .' opening our landfill (under new regulatory .. g'uideJines) ;~-:: .,~;, .....:. ~t:. . 4 e e . . SOLID WASTE DISPOSAL .. .~ ~ , : ~~ . . .' ::~ II a., . · Subsequent State and Federal Regulations . have (1) removed financial efficiencies from proposed operation of La Porte Landfill, and (2) ~nally prevented this loca~on from"being a l.ari~fill , . ,.> . . ~, : · Current landfill provider has an expected ~ life of 20 years . . -^ . . .~ I' . ," .... ....... ,~ ". ..- "4'., ~ . ' ... , .' - - . ., - ,,'" .. '. ..~. .. ,'" . '". . . (.. . Yo -. S E ,... ~. . "';' .' .' - . ":"~W.ATE'R H D: .... -. .' - - ..... . "4 .... tilt'- ... .'. :... ....... ":'.. ".:,.. ;.- .. .. .~. ..0'.., ~...':... ":.,1'.,:..,. --:." ..... ..~. _.............;, ":" 1.... :.... ':~l. ,",' eLAN_NfNGID~~VELOPMENT ::...' :. ., '---:4~:~.:~~' ~ --r-~~:''."~C__.''':''...~-~~~.:_- ':.. _..:~~:.~._.:. .1 .~~"_... ....._. "_.:'. ... '. . .1 .. --' . . · Active/Completed P'rojects . ~. . , .PropQsed Pr~jects --. ....)0 ,_ ~Future. Considera'tions .. ", . ,.~ .. . . . .- . .- .:. v ,"O' ..... . .,. 4~ . .' '.~ .~'.. - . 5 e e . I \ ( ~ t \ , ; ~;" --~ -, j~- 'U',"_ b.~ C;I_~~ ~ I t ""-:-..(1 ~..,_ - F _ _,- '__.. , '-Fr..:,: .-=...." , ., ..- :':::.1.]" . I -.-.- : ~ ~_:~'~~"~ .~ T - -:~ tE-1J... *'>>:~:~~:\ %,-1'7:=';-f" -:-.~;:. -~ ';::,.::;~ 'j: ::=-_.J_. ';. - -:. :'+':::::'" :i~i~~~\ = ~-~ ",~Id. -~~\~~.SE-=~ I ~. -:ll%:::"';~~';:~~ --..,g ~~. ~~ \ =- I _ \'(~ :."72- F =lj3 ~::;J::,;}r ' ... .::i~~~- \~ --.........~~ ~~~~.... 1..1 l-.....'~ - : I/#tl ;~I .....,.... ... · 'l ,,-'{l ~_'''''''WA,,":-'':'~ · Jfl' ~-: 8. DRAINAGE PROJECTS I "./~T ...... -..-. -/- ~,~_.. ~,~ ..... - ._.....,-,.. K ~ - ....-. ~ ,.. .:: t/~. . r- ....,. '..... ..'.... ~ ~ ...~ a,.... .. . ... ~- - ," ~~ .... .~.' ,.'~:, :,' ~iH6R{lUGJIFMlli. " . . , ~, ",' .. . of" . L'! ..;,,-.. .' , .11'. ~.. =-~f .' ~ ." _:.4' .1 .." wo .:~ .: ~ P.LAN.NIN'GIDEvELQPMENT'~>. .'.. .__.:..:...~~._.._. ~._..:+-...~_~'u e" _00 ..__::..',,:::~._....~......._ "'::-'~.::'._._.. .....__..::~:;... ....:...,..___"... ~ . . ,.- ;'" ." r.i ." ," ... - .. , "^ ...... ': '-Active PJ;"ojects/ Planning ~. "'. .- . . . :~ -Future Projects / No Definitive Activity - . , .:: . :j" .,~ .~ .' ~ 10. ..' , ~. .~ .... . ... ~. .. .. ..- .:..... . 6 e e . A ! ... g .. ~ ~ · OVERPASS . TURNING LANE - ACTIVE PROJECTS: ~~~IfN1~"~~ INVESTIGATION! - NO OEFINITIVE ACTIVITY/ SCHEDULE ~~mt.1.'oo.'WY MARCH 11, 2003 CURRENT ACTIVITY LA PORTE THOROUGHFARES ~~&~r;rA~l;S~.E~\f&~~) EA511IDUND . LEFT 'TURN 1. WE\.I.A BLVD. HURlS COUNn 2. ..OOKWOOD DR. HMRIS COUNTY. cm OF LA I'OR1! J. WlUMDHr HMIlIS COUNI'Y . CITY OF LA POInt 4. 'NlIUNG'fON ....YO. tWIllS COUNn' . cnv OF LA I'OR1! 5. ORIPTWOQD IWUIIS CDUNn' :"'. C"" 1I=\~MAPS\HI5CMAJl5\ntItOUGHfAAfS~''''''II'lOO'.'' . ."2 ~ /:~ .:.:,: CITY.OF 'LA PORtE: .~' ,:' .~., ~.. t AX..lNCMMENT'... :.. :~Jo4' I; .!:i,,...... .~~~.'''' ~,..;..~)'. ,I' .REJNi\!.ES_TME.N:T~ZONE__#:l:'" ~ ..... .., : ~ .. .~, ".'; ..} :.. 'f . ' _..._._..__."l. ._ ~~,..' .. ~. .: ::<. . . ':' -Opportunities for New Development within the ~one to assist in fi~ancing major infrastrri~ture "improvements ..4..... .. _i,. . , ~ : . " -,.. ~ · PID's are avaUable for other infrastructure improvements within the TIRZ #1 ... J. ,..' ~'.. '" :. .." . 7 e e . ZONE BOUNDARY MAP . an" OF I"t. ~11 mz.. HAlRIS CDUNl'l' EUG fill. CIS l.UIIID. o . nRZ IOUNOU. - - . ItOADS -- ......1(5 __ . DWIMGI -- -BUFFEII wAUl . 8 e e . . . e e . ~~------------~---------- .---- --j . . . .. . '. :[ .' .' .' .. .~: .:. - . .!. General FiJnd Revenue Sources - . - -- : H"n~':~.'f":'"r;'-:=i,,~;,:.c~:::'..,;!,c.Fi~~1 Y~ar 2002.2003 . .,:.._'. .'"":....~.;:..;""....~.~,.-..".:r.'_ j ..,......~~.J~.fr..~_,~.!,~...;.._. to: _'."u.',-''' I OCSO.II ~~~. [$0.34 m'~ ~"".01 "SO i,1 l!. . I I I I I . _ 1 I 1 ~ _ ___ __ ___...1___ ;WPROPE-RrYTAXr :GFRANCH5EFEES I: 1'1 SAlES TAX ! , I! $0.07 I ~ IN LIEU :I~CHARGES i Ii OTHER 1_-----1.__ _ .:...._ e e 2 e e . . e 3 e e . . e 4 e e 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 . e e . . . e e . . . 2 e e . . . 3 e e . ~ :~r.: I.. ....~::..:.. . . 4 e e . . ~~' " . 5 e e . . . '1.: ',F,:'~';:;"'~'.i~__:.':;::.:: "~t,,;-o,....: j .~ .. /1 . ' . . .. . . '.:: .,?'. '" .c . Jiir .. . " ~ 1" - !l'!!.';'i\'.'":!'-" .,..,...''t1.. . ,t:,l:;~...t~~,....;,'. I .~.:. :,'~~..i :..J ,.:v..~,^.. .. " ..' .~,,~:,p. ~ / lO. . ....':}.... "_~: ",.' ", i.~~" "" ~ ....:.4/:.. 'i/j;\ ~:~ .~ :':.';'\\ , ,. "I' . ,J ~ l". 6 e e . . . 7 e e . ,. -- - .. _. .-,..--~ -1 ..:1 '--:.- "~.~'i"""i ~~~~-.. . ..>>.;. ,~ .. ":- '- \';:<<..:-. ::.... '.. ~ ..... .,...:....: ......-:..~.,....'.. . -:.~...;.~.:-- . ;-~'-.' . ... x..-. ~:. .>t:.~:....~ . ~; ~~':'a .. . . 8 e e e . . 9 e e . . , ' i::j1! "'.' !.: ;:~~:~lll; ~', ! C .,' ". .~:.~ . .ri~':~' ~~:~. l.: l'1 ~.~ ~ ("" !:... c . 10 e . <<::...,., U-= LA VUI2TI: I3~UT.-=.<<::4 T.U~ 1:-=-=UI2T~ . . e e e . (;(),"()~~Il~~~IV~ ()IA~~ 1 ~S4/~t)t)t) 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. . e e . 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 . e e . 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 . e ~-. Of j:rJ r -----_n__ ,. f f Ft', I' - . 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 e . ~ e ~ 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 e e Renewal - *Event T u LitterlDebris Clear Tree/Shrub Plantil1 Park/Mise, Construction Special Promotion Grid with your Application or fax this Event Please mail e e IV fUi'HIf flJ(rI ()/1(tftl OJn;,fUI( !lut !Mot BeI(elitt~ ~ R.cf.lI.p. , ." 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 . ~ ~. . ~ ~ 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 . .~;t~.~iJ~~~;\~'~~~~}~:l;~~~~~~:'*~~:, ~~;;~~:~*~~f\:t1~~{:~_;.{~~!~pi,~~;~.~q09:~~J!:~ ~~l;~.:~0.:~~!f~1::~~':'~:~~!:; ;;:-: ~~0 :".,~q~~96 ~'J.}!t1~~:~;t!~~,~~'~\j. 'f ;~~~~~{}t~ ~~.~:.:~:I~ J;?~:?~' :~~.: ~!~~ )t~~~;\4::~J;~~f~:,~.~~.~~J;\'.~ ~ '!;Q9~~~~~'Q(f~ t~~~,~;'::~ .~'~~::~f d~~~~. : :~'=:; .~~ .:~:. ';~~:'i:';" :$()5~O'Qg :~~\~l:: ~~ ~~~~:.~~1' ~ i: .:r !~5~~1~yiiii11iit=i~t~~1i~~~f:ii-~~=~~H ~:~~~~~t1(~.~i.~'1.t'.~Jf!~t~~~~~~I:t~~ ~~Eft~?~I;~~:i~~~~1J{~~i~12'~~~.9Y~$g;PQQ.~ltif~f~1~~t~~~~:~~!:!~,.~~.:.t:~ ;:.~;.~~~:~~ $l.$,~P9,~~~t~~f.:~~q.~~~~~~1 .,~.; :;::~i:f~r~~\~'~:/i~'.~~~~'~~i: ~ ~:~~~) ~~~~:/~~.~lti.i~ !:~~?~~?~:~!i~~~.9g1.~1Qij:b9q ~i~~t~.~~f?~~~~:~::~;~:~'~. ~~. ~~:~~~~~i;$ ~~Q :'Q99'~~i:~~;:.f .;~~;~)~~. .~~ .:;~~t~~~.~;'~~.~'~: ~~~g:~~r. ~";ff~' ~~lP~;(:.i~ ~'~r~~:~:f~:~~rf? ~Qq~gqi:.~~-~P~.~99~':~..~f:~~~~~: ~W~ ~;i ;:; :~~~:~. :~; ~'}~:.':~~ $ ~'~~~Q99,~~~~~~.~~/;~1{*(:..~:~ i-~l~~~~~~:~~~,~i;~:~ ~~}:F.~~:~~k;.~~~~i;~,~~~~~,;~}:~i.r-.f;~~~~::~ijji;99~it1;~~*.~;~~~~.~~:~~~~.~~:~~'~~r:. j~~;i~)~ $~~~;QQP~t~~'~~t'~~.,:~/J'~~~~ *KTB will verify population with the Texas State Data System, Texas A&M. http://txsdc.tamu.edu 2001- 2 0 02 GOVER I~zJl\:~:~~1~ ~~~;'~ I .,.. ~,- r^""l~ '_~:"'l ~ .:;<Jll. __ {I~; "...<;,~~;\ ''1 t il.;'l . ",~;.....~~:c..,~t -' ,\-.c; ;,-,-",- I.... .IiIl1't. ..f~L.~, Ib.*';\ ',.,-r.; ~'.~-~;i '..".'..".-11I '~ 1~...~L..L-L. ~.~ \ ~~. "".0 """'~' , . ., ,t . ."":.J 1\',.".. . .... .__~.-. '!- '.- ~ i ,--l-;-. '~~~-.~. "'J2.<-~"'- ,~I.1:JI' 1[' ~ \~,J,.. ,. ~-'lVl'.. "'#'7:.--'- ., . . ~ .......' ,!j;;j,;.,..~ :,~:7":.-;-;-- , ._-,.~~ .--2-.. ",.,'C., ~ ' ~:' ':: W ~ii "~,.y~L~j"; _dt~ f ~~ 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. . ~. -. : I. - -'. . - '';'' '.' . . ~c"\,.,--- <Ii 11 -lrJtt;"'f'l,2';' \:l\""P'.~ '.::)...~:~...: ..L:~... ~ _r.:..-:'::"1..2 .~.. .......'7. :-::"'..~.. 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. ".'1. .'! ..... ~ ~ .... ~ ;4......-..; '~r j~r;f'..-.l ~":-.~.'., ..-=-.!..~.:..)..:: I.L-tc.J L ll.:.-..:.::.,)2 ~,~ l=..,,=,.h".~.. .. . 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. . Support Tree City USA where you live. Privacy Statement 100 Arbor Avenue Nebraska City, NE 68410 I www.arborday.org . http://www.arborday.orglprogramslfreeCityBenefits.html 3/17/2003 e TREE CITY USA e Applica,tion . 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 . . . e e State Legislation · Resolution · Letter Regarding La Porte Issues .TML Update .City Legislative Tracking Chart · Next TML Status Meeting - April 14 . . . e e 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 . . . e 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 . . . e e 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 e e 4~1-~ ~ 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 ~:fJt'sJ-~ e e S 351.105. A~~Q.c~tion of Revenue: Eligible Coastal Municipalities ..~ (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). e e 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. ~~ 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 Q",/')f'lf'I"l . . . 78(R) HB 2718 - Introduced version - Bill Text e e Page 1 of 1 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 e e . 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: . 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. . This bill would undoubtedly lead to a sharp drop in the number of http://www.tml.orglleg_updates/legis_update31403a_disclose.htm Page 1 of2 3/17/2003 Financial Disclosure Bill is Resurrected e e . 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. . 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 . 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 e e . Tf~~egl'lative I Legislative Services .... Click Here I AUSTIN' COURT OF APPEALS ISSU'ES TROUULING OPINION ON RELIGIOUS ORGANIZA TIONS . 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 . @2003 Texas Municipal League Austin, Texas (512) 231-7400 http://www.tml.org/leg_updates/legis_update31403b_religion.htm Page 1 of2 3/17/2003 . . . Significant Actions e e Legislative Click Here I 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 . . . City-Related Bills Filed e e Legislative . I Legislative Services ... Click Here I 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 http://www.tmI.org/leg_updates/legis_update31403d_bills.htm Page I of 24 3/17/2003 City-Related Bills Filed e e . 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. . 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 http://www.tml.org/Ieg_updates/legis_update31403d_bills.htm Page 2 of 24 3/17/2003 City-Related Bills Filed e e . 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. http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 3 of 24 3/17/2003 City-Related Bills Filed e e e 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 http://www.tml.orglleg_updates/legis_update31403d_bills.htm Page 4 of 24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 5 of 24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.org/Ieg_updates/legis_update31403d_bills.htm Page 6 of 24 3/17/2003 City-Related Bills Filed e e . 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, http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 7 of 24 3/17/2003 City-Related Bills Filed e e '. 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 http://www.tmI.org/leg_ updates/legis _ update31403d _ bill s. htrn Page 8 of 24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 9 of 24 3/1 7/2003 City-Related Bills Filed e It . 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 http://www.tmI.org/leg_updates/legis_update31403d_bills.htm Page 10 of24 3/17/2003 City-Related Bills filed e e governmental body. . 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 http://www.tmI.org/leg_updates/legis_update31403d_bills.htm Page 11 of24 3/17/2003 City-Related Bills Filed e e . 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) http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 12 of24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tm1.org/leg_updatesllegis_update31403d_bills.htm Page 13 of24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.orglleg_updates/legis_update31403d_bills.htm Page 14 of24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 15 of24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.orglleg_updatesllegis_update31403d_bills.htm Page 16 of24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 17 of24 3/1 7/2003 City-Related Bills Filed e e . 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, http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 18 of24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tmI.org/leg_updates/legis_update31403d_bills.htm Page 19 of24 3/17/2003 City-Related Bills Filed e e 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 http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 20 of 24 3/17/2003 City-Related Bills Filed e e . 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 http://www.tml.orglleg_updates/legis_update31403d_bills.htm Page 21 of24 3/17/2003 City-Related Bills Filed e e . 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- http://www.tml.orglleg_updates/legis_update31403d_bills.htm Page 22 of 24 3/17/2003 City-Related Bills Filed e e 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. http://www.tml.org/leg_updates/legis_update31403d_bills.htm Page 23 of 24 3/17/2003 Municipal Priorities Not PrevalenWtimulus Debate e . 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 . e e . . . e e . . e 2 e e . 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 . 3 e e . . . e e . . . 2 e e . . . 3 . It . 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, . . 4 . e . . . 5 e e . . . . e . 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 - - ~ 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, . 2 . e . . . "l ..) . e . e . 1 e e . e . 2 e - e . . 3 e e - . . 4 e e . . e 5 It e . . . 6 e . . . . 7 e . e . 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. . e e . 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 C i /y. . 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, . .J;;; 2 e . . . City Manager Announcements · City Council Works Sessions · City Hall Open House · Other . . e . . City Council Roundtable · Code of Ethics for City Council · Summer Youth Jobs · Bay Front Development · Image .