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03-09-1993 (Library) Agenda Packet AGENDA REGULAR MELTING RITA & TRUETI SMITH LIBRARY LIBRARY BOARD , CVIIFAIFNas MONDAY MARCH 9, . 1993 7 : 00 P . M . LIBRARY WORE ROOM 800 THOMAS STREET CALL 16 ON)ER ORDER OF PAGE BUSINESS REFERENCE BUSINESS ! ! CONSIDER APPROVAL OF MINUTES FROM THE JANUARY 11 , 1992 LIBRARY £OARL MEETING 2 2-4 DISCUSS ALL CONSIDER NEWSLETTER-EEHRUAHY , MAEOH,RP(Lk Q 5-6 DISCUSS AND CONSIDER MONTHLY REPORTS ^el ,? & 7-8 DISCUSS AND CONSIDER V PUBLICITY £OR LIBRARY "-- ," 0 5 9-25 DISCUSS AND CONSIDER PARTICIPATION IN LITERACY COUNCIL 6 TEXAS LEGISLATIVE DAY , FEBRUARY 17 CITIZEN PARTICIPATION IN ACCORDANCE WITH THE OPEN MEETING ACT , THE LIBRARY BOARD WILL HEAR COMMENTS OF PUBLIC INTEREST FROM RESIDENTS OF THE CITY Of WYLIE . ANY DISCUSSION MUST BE LIMITED TO PLACING THE ITEM ON A FUTURE AGENDA FOR FURTHER CONSIDERATION , WYLIE RESIDENTS WISHING TO SPEAK SHOULD LIMIT REMARKS TO 5 MAXIMUM OF £Itt MINUTES 7 ADJOURN RITA & TRUETT SI TH PUBLIC LIBR,^i_Y BOARD MINUTES JANUARY 11 , 1993 The Library Board of the City of Wylie met in regular session on January 11 , 1993 , in the workroom of the Rita & Truett Smith Public Library, at 7 : 00 P.M. A quorum was present and notice of the meeting was posted in the time and manner required by law. Those present were: Pat Guess , Jerri Smith, Elizabeth Allen, Kathy Weatherspoon, Shirley Burnett , Phyllis Floyd, librarian, and Bill Nelson, director . APPROVAL OF MINUTES FOR DECEMBER 14 , 1992 : Minutes of the last meeting were approved as submitted . NEWSLETTER FOR JANUARY AND FEBRUARY: It was suggested that the newsletter might be placed in the newcomer packets from the Chamber of Commerce . Copies of the newsletter are to be sent to the schools to remind the faculties of the avail- ability of interlibrary loans . MONTHLY REPORTS: Circulation of all materials is down. NTLS will be fazing out the videos that the library receives . GREETING CARD PAGE: As of this date , $972 . 00 has been collected . CHRISTIAN CARE CENTER: The library received many items for the Christian Care Center in lieu of fines for overdue books . FINE INCREASES: Subject to City Council approval , fines for overdue books will be ten cents ( 10 ) a day up from five cents ( 5(P) . Late tape fines will reamin $1 .00 per day . Reference books (encyclopedias) will increase from 25( to 50(P . Meeting adjourned . /R MINUTES COLLIN COUNTY ADULT LITERACY COUNCIL JANUARY 28, 1993 The Collin County Adult Literacy Council met January 28, 1993 , in the Chamber of Commerce building at 1801 W. Louisiana in McKinney, Texas, at 4 p.m. Those attending were John Ferguson, Elaine Scharf, Carol Conner, Eileen Turner, Jo Ann Shannon, Joyce Carrell, and John Hightower. John Ferguson presided. A quorum was declared. The minutes of the last meeting (November 19 , 1992) were approved unanimously. An official treasurer's report was not made, as Anna Rosa was not able to attend the meeting. However, John Ferguson announced that the December 1992 balance in our account of $421.48 plus the generous and timely donation of a $4 ,000 grant by Fisher Controls/Emerson Electric gives us a balance of $4 ,421.48. (See copy of "Thank you" letter from John Ferguson to Emerson Electric) . John Ferguson reported that he has been trying to get grants from Texas Instruments and is having a difficult time with them. At next month's CCALC meeting we should all come prepared to write a letter to T.I. Everyone think of ideas to contribute. Elaine Scharf mentioned a concern regarding distribution of these funds during the same fiscal year as the last minigrants. There had been some stipulation in the grant award about how often an affiliate could receive funds during one fiscal year. Eileen Turner, a member of the minigrant committee, said she would refer to the rules and regulations of the grant. OLD BUSINESS: 1. Once again, the meeting time, location and attendance was discussed. John Ferguson felt it was necessary to remind the affiliates of the Collin County Adult Literacy Council that Emerson Electric insists on all of Collin County being represented at our meetings. They are making these grant donations to be shared by all of the literacy councils in Collin County, and they want everyone to participate. We really need to get someone from Frisco to our meetings. Eileen said she would contact someone. Everyone seemed to feel that they could make the 4 p.m. meeting. Joyce and Eileen would have difficulty making a lunch meeting. It was decided to let the 4 p.m. time slot stand. John Ferguson mentioned that the Red Cross just opened their new facility and have offered non-profit organizations 1. meeting room space. If we ever have difficulty securing a meeting time at the Chamber of Commerce building, we can meet at the Red Cross building. 2. Again, it is important for reporting to Emerson Electric that each council keep good monthly records of contact and volunteer hours. If each council reports their numbers monthly, the final report at the end of the year will be much easier. 3. John Ferguson asked if any councils wanted to report any success stories or problems. Joyce Carrell told us about some college students who have decided to do internships with her. It was a very positive experience. It is now a new source of volunteers for Princeton. Also, John Ferguson and John Hightower talked about their experiences with McKinney ISD's and Plano ISD's use of the Mentor Program with at risk students. NEW BUSINESS: John Ferguson thanked everyone who participated in the Volunteer Fair at Collin Creek Mall, January 23, 1993. It was good public relations. Eileen Turner asked if we needed to print more Collin County Adult Literacy Council brochures. It was decided that we have enough right now. John Ferguson has some left, Eileen has some left, and Carol Conner has a bunch that only list the Allen Right to Read number, but we can add the other council numbers to it. The concern was whether we would be prepared for the Balloon Festival in September. Eileen has a volunteer who is creating a new brochure for PALC which will include all of the Collin County Councils. Joyce announced a tutor training workshop on the Alphabetic Phonics tapes to be held in Princeton, on Saturday, March 13, 1993. All are welcome. Elaine announced a tutor training workshop that she is providing at Haggard Library in Plano, on Saturday, February 6th and 13th. ADULT LITERACY COUNCIL REPORTS: ALLEN 24 students 32 tutors (Ruth Pringle trained 12 new tutors last month and they are matched) . MCKINNEY 25 students 29 tutors PALC 52 students 60 tutors PRINCETON 12 students 10 tutors WYLIE not represented at this meeting PPLS 17 students 11 tutors John Ferguson suggested that in the future we might want to try to pool our resources and have a Collin County Literacy fundraiser. He read about some very successful events, such as a walk-a-thon where young and old participated. Carol Conner reported that she is starting to reorganize her board. John Ferguson reluctantly informed the Council of the possibility that he may have to leave his post as President of the Council for medical reasons. John Hightower, who is the Vice President, would be available to preside over the Council, should John Ferguson need to step down. The meeting was adjourned at 5t02 n m. 4 PHONE11'14111 miTH LIBRARY i. , 1 1 NO MORE # 442-7566 � � � � FINES % 14\ ,� ;maw tRENEW BY PHONE AND LIBRAItY a 41 FINES. ALL LIBRARY MATERIALS THAT ARE CHECKED OUT MAY BE ... ® RENEWED BY PHONE. IF • r S ''' _ YOU RENEW BY PHONE YOU L g WILL NOT HAVE TO PAY THOSE FINES EVER AGAIN. THIS IS JUST ANOTHER SERVICE THE LIBRARY WILL BE BRINGING TO YOU IF YOU CANT F ND WHAT '11P°4$4144 TRY AND MAKE YOUR TO YOU NEED,ASK THE INTERLIBRARY USAGE AS I LIBRARIANEINTERLIBRARYR ABOUTARY LOAN. FRIENDLY AND COMFORTABLE it cr.:•r.:<:•::>::•s r.:;:>:s»: POSSIBLE. IF WE CAN BE ,� AS K I T . :- �� OF ANY SERVICE TO YOU --WHAT 1S INTERLI 3RARY I . � • ,..:. AT ANY I PLEASE TELL US, HAH? F E B R UARY I S ANYWAY HERE TO HELP YOU IN SHARING BOOKS AND k iT1-ff�;R ANYWAY THAT WE CAN. MATERIALS AMONG THIS COOP ERATION,ON,�UU WHAT MONTH HAVE ACCESS TO MANY MATERIALS WHICH YOUR $O l E LIBRARY DOES NOT OWN. 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NATIONAL SNACK FOOD MONTH--- THE LIBRARY HAS A 16MM USUALLY•I WO WEEKS,BUT ---FOOD TRIPS AND TRAPS PROJECTOR,FILMSTRIP THE LENGTH OF TIME YOU WILL INSIDE T�>w. VARIES. DAILY CA!RENDER EQUIPMENT SOME MATERIALS ARE HERE INSIDE OF A WEEK. FREEDOM DAY,FEB.1; AlAILABLZ --WHAT WILL II•COST? BE AN ENCOURAGER DAY,FEB.1; USUALLY NOTHING.BUT 'THE DAY THE MUSIC DEED,"FEB.3; PROJECTOR,SCREEN ASK THE LIBRARIAN TO LET WORLD MARRIAGE DAY,FEB.14; CASSE1TE.PLAYERS AND YOU KNOW IF THERE IS VALENTINES DAY,FEB.14; RECORD PLAYERS FOR USE LIKELY TO BE A CHARGE. NATIONAL PTA FOUNDER'S DAY,FF13.17; BY OUR PATRONS. PRESIDENTS DAY,FFB.15; CHECK IT OUT """ FIRST WOMAN TO GRADUATE FROM DENTAL SCHOOL: ANNIVERSARY,FEB.21; FRENCH FRY FRID AY,F B.26 1• e A.) 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NATIONAL LIBRARY WEEK EASTER ,APRIL 11 L. 0e e .f; '/ , ( + A APRIL 18-24 4_1,3i0t.,,,,�\ .� Y� C�� Soo..ell:- PROFESSIONAL JEWISH HERTIAGE WEEK SECRETARIES WEEK,APR. 1 Cccs M;`- r" , '-''e APR.25-MAY 2 18-24 4 MI OE •11 in ow an SMITH LIBRARY ,, " ..............�,. S � �; P�e3r3Ei7�... ci] PP Pa;ccPi4` Y eece c'.�r7c:a� c° - YIP 3 5P .... _ E CC77 7.E... ]` ..:":.. 00 WHAT WOULD YOU NEW AS A PATRON OF THIS LIBRARY BOOKS LIKE TO SEE HERE 10 VOLUME SET--- Replace this text with text for your ENDANGERED SPECIES story. VOLUME SFT--- , TfiE CAREER SOURCE 10 VOLUME SF.T- 17VOLs >s LANDHAP Your Headline TAKING SIDES LIBRARY (DEBATING) 10 VOLUME SEf--- CALDECOTT PICTURE BOOKS Replace this text with text for your story. 4 VOLUME SET--- THE GREAT SCIENTISTS 6 VOLUME SET--- PERFECT REPORT LIBRARY II • `; N Published By The Texas Municipal League 211 East Seventh. Suite 1020 Austin. Texas 78701-3283 15121 478-5601 January 15, 1993 Number 2 ...AND THEY'RE OFF! New y elected House Speaker Pete Laney made a short acceptance speech, banged the podium with his gavel, and said, "let's get started." With those words, the Seventy-Third Regular Session of the Texas Legislature stirred to life. Speaker Laney wants the House to pass a school finance bill within 30 days and will press for certain changes in the House rules of procedures. On the Senate side, the jubilant atmosphere which accompanies the swearing-in ceremonies dissipated rapidly, as the Senate Finance Committee began to post public notices of immediate state budget hearings. The Senate wants to pass an appropriations bill quickly, although that measure will probably encounter slower going in the House. Lt. Governor Bob Bullock made committee assignments (see related article in this edition of the TML Legislative Update), something that will take a bit longer on the House side. Meanwhile, filing of city-related bills continued -- H.B. 268 (Maxey] -- LandAlls: would require the owner and operator of a landfill to control litter along roadways within two miles of the landfill. H.B. 272 (Goodman) -- Accident Reports: would limit access to accident reports during the first 180-day period following an accident. H.B. 278 (Conley) -- Storage of Aviation Fuel: would impose a three-cent-per-gallon tax on the above-ground storage of aviation fuel. The tax proceeds would be allocated to the school fund (80 percent) and to a newly created Aviation Security Fund (20 percent). H.B. 283 (Greenberg) -- Swimming Pool Enclosures: would require barriers around residential swimming pools and would specify the required features of such barriers. H.B. 287 (Kubiak) -- Fire Departments: would require that: (1) the Commissioner of Insurance will establish a fire department risk management and insurance program, (2) the Commission will provide fire department property and casualty insurance, (3) fire departments will submit their property and casualty insurance policies to the Commissioner for approval, and (4) the Commissioner will collect fees from fire departments to pay for the program. H.B. 294 (Chisum) -- Governmental Liability: would reduce the liability of government employees relative to inmate work programs, educational activities, and treatment programs. Printed on recycled paper. 1 . H.B. 301 (D. Smith) -- Property Tax: would provide that the venue for certain property tax proceedings is in the county in which the property is situated or in the county in which the appraisal review board is situated. H.B. 316 (Naishtat) -- Indoor Air Quality: would empower the Board of Public Health to regulate the quality of indoor air in all public buildings, and would require that municipal indoor air ordinances be compatible with and at least as strict as the Board's standards. H.B. 322 (Gallego) -- Central Appraisal Districts: would allow hospital districts to vote in elections of CAD board members. H.B. 327 (Gallego) -- Texas Water Commission Permits: would require the TWC to notify local state senators and representatives of permit applications and permit decisions. H.B. 328 (Gallego) -- Governmental Liability: would restrict governmental liability for failure to use, obtain, or make available personal or real property; would require a claimant to bring an action against a governmental entity or an employee/officer of the governmental entity (no single action could be brought against both); and would provide that post judgment interest would not begin to accrue until the first day of the fiscal year following the fiscal year in which a judgment becomes final. H.B. 329 (Willis) -- Longevity Pay: would increase (from four dollars to five dollars) the monthly longevity pay paid by cities over 10,000 population to peace officers and fire fighters. H.B. 330 (Hudson) -- Fair Housing: would require the state to review fair housing policies in government-subsidized housing throughout the state. H.B. 333 (Gallegos) -- Substandard Buildings: would restrict the time period during which an owner of a substandard building must secure, repair, remove, or demolish the building. H.B. 340 (Horn) -- Expunction: would require the expunction of certain arrest records. H.B. 342 (Kubiak) -- Governmental Liability: would limit the liability of volunteer fire departments. S.B. 1 (Zaffirini) -- Administrative Driver's License Revocation: would require, among other things, that: (a) a person who is driving while legally intoxicated shall have his/her driver's license suspended by the arresting officer; (b) in the case of a person suspected of DWI, but for whom a blood or breath analysis is not complete, the arresting officer shall attempt to suspend the driver's license; and (c) the arresting officer shall report such actions to the Texas Department of Public Safety. (Companion bill is H.B. 215 by Wolens.) S.B. 97 (Lucio) -- Survivors' Benefits: would provide that the survivors of a municipal peace officer or fire fighter who is killed in the line of duty shall be entitled to the following benefits: (1) the survivor of a peace officer shall receive the officer's duty weapon and badge; (2) if the peace officer or fire fighter is to be buried in his/her uniform, the political subdivision shall provide that uniform at no cost; and (3) the survivors may continue to purchase health insurance from the political subdivision. 2 /1. SENATE COMMITTEE ASSIGNMENTS The chairs, vice-chairs, and membership of the Senate committees have been announced. The make-up of selected committees is as follows: Intergovernmental Relations Chair: Senator Ken Armbrister, D-Victoria Vice-Chair: Senator John Leedom, R-Dallas Senator Steve Carriker, D-Roby Senator Don Henderson, R-Houston Senator Frank Madla, D-San Antonio Senator Mike Moncrief, D-Fort Worth Senator Jerry Patterson, R-Houston Senator Peggy Rosson, D-El Paso Senator Florence Shapiro, R-Plano Senator Jeff Wentworth, R-San Antonio Senator John Whitmire, D-Houston Natural Resources Chair: Senator Bill Sims, D-San Angelo Vice-Chair: Senator Carlos Truan, D-Corpus Christi Senator Ken Armbrister, D-Victoria Senator Gonzalo Barrientos, D-Austin Senator Teel Bivins, R-Amarillo Senator J. E. "Buster" Brown, R-Lake Jackson Senator Steve Carriker, D-Roby Senator Eddie Lucio, D-Brownsville Senator John Montford, D-Lubbock Senator Bill Ratliff, R-Mount Pleasant Senator Dan Shelley, R-Crosby State Affairs Chair: Senator Ike Harris, R-Dallas Vice-Chair: Senator Peggy Rosson, D-El Paso Senator Steve Carriker, D-Roby Senator Don Henderson, R-Houston Senator John Leedom, R-Dallas Senator Eddie Lucio, D-Brownsville Senator Greg Luna, D-San Antonio Senator Jane Nelson, R-Lewisville Senator Jerry Patterson, R-Houston Senator Dan Shelley, R-Crosby Senator David Sibley, R-Waco Senator Royce West, D-Dallas Senator John Whitmire, D-Houston Finance Chair: Senator John Montford, D-Lubbock Vice-Chair: Senator Jim Turner, D-Crockett Senator Ken Armbrister, D-Victoria Senator Gonzalo Barrientos, D-Austin Senator Teel Bivins, R-Amarillo Senator Rodney Ellis, D-Houston Senator Bill Haley, D-Center Senator Mike Moncrief, D-Fort Worth Senator Carl Parker, D-Port Arthur Senator Bill Ratliff, R-Mount Pleasant Senator Bill Sims, D-San Angelo Senator Carlos Truan, D-Corpus Christi Senator Judith Zaffirini, D-Laredo Economic Development Chair: Senator Carl Parker, D-Port Arthur Vice-Chair: Senator Eddie Lucio, D-Brownsville Senator Rodney Ellis, D-Houston Senator Bill Haley, D-Center Senator Chris Harris, R-Arlington Senator Ike Harris, R-Dallas Senator John Leedom, R-Dallas Senator Frank Madla, D-San Antonio Senator Peggy Rosson, D-El Paso Senator Florence Shapiro, R-Plano Senator Jeff Wentworth, R-San Antonio FEDERAL UPDATE: 1993 PREVIEW OF MUNICIPAL ISSUES (Based on a National League of Cities Report) With a new administration and major changes in the next Congress, the following issues are likely to affect cities in 1993. FISCAL • Urban Aid Tax Bill: Congress is almost certain to begin work immediately on a streamlined version of the vetoed urban aid bill, preserving the provisions critical to immediate investment in housing, jobs and job training, and economic development; distressed cities economic development block grants; and removal of costly impediments to municipal bond financing of infrastructure. • Banking: With nearly 100 banks expected to be foreclosed in 1993, Congress is almost certain to take up legislation to reform the nation's banking system. This legislation would affect community reinvestment requirements, real estate assessments and valuations, and interstate banking. The President-elect has made clear that one of the first actions he wants to take to help cities will be to set up a network of community development banks. • Local Partnership Act: Representative John Conyers (D-Mi.), Chairman of the House Government Operations Committee, is expected to reintroduce his Local Partnership 4 Legislation, which received a favorable bipartisan vote in committee last year, but was never brought to a vote on the House floor. The program, as drafted, would provide a one-year formula distribution of $3 billion from the federal government to cities and counties. • Municipal Bankruptcy: Congress is almost certain to resume efforts to modify the federal bankruptcy code, including clarifying federal bankruptcy law to ensure the priority of cities to collect already-owed property taxes from a corporation filing for bankruptcy. • Bellas-Hess: With a new Congress, NLC, the National Governors' Association, the National Conference of State Legislators, the National Association of Counties, and the U.S. Conference of Mayors will be resuming efforts to amend federal law to allow for the taxation of interstate mail order sales. • FLSA: NLC supports reform of the Fair Labor Standards Act to modify some of the more technical provisions of the salary basis test for public employers, if not its outright repeal. Hearings on the subject have been held by a House Subcommittee, but until cities actually begin to hemorrhage financially and make these losses widely known, relief in this area is not considered likely. • Age Discrimination: Cities will be fair game for age discrimination lawsuits at midnight December 31, 1993 by police officers and fire fighters unless the current exemption for these classes of employees under the ADEA is extended. A federally commissioned consultant's study finding that tests could be less discriminatory than flat mandatory retirement ages and maximum entry ages has finally been filed two years later than the law which created the exemption required. There apparently will be no real attempt by the EEOC or Labor Department to create the guidelines for the testing procedures which the law required to be completed one year ago. Without concerted action on this subject, cities will be wide open to lawsuits without federal guidance on what defensible testing procedures are. On this subject some cooperation with public employee unions, particularly fire fighters, is possible, increasing the odds of favorable consideration in the Committees with jurisdiction on this subject. • Family-Medical Leave: This mandate on municipal and other employers which was blocked only by a presidential veto can be expected to be passed quickly again next session and delivered to the new President. HUMAN DEVELOPMENT • Health: There can be no question but that Congress and the White House will focus on health care as a priority. • OSHA Reform: This legislation, which NLC opposes because of its mandates on municipal employers, was passed by the committees with jurisdiction in both the House and Senate but was not brought to a floor vote in either chamber. It is expected that this issue will again be pushed in the next Congress, as it is a top priority of organized labor. For municipal employers, it would mean mandatory coverage under federal safety standards (about half the states are not covered currently). In addition, the proposed legislation would stiffen penalties for violations of safety standards and require the creation of management/labor safety committees at most job sites. 5 1 °I COMMUNITY AND ECONOMIC DEVELOPMENT • Economic Conversion: Pentagon spending will continue to decline in real terms, leading to massive changes in personnel (probably in the range of 2 million jobs affected). The first effort at a serious post-cold war blueprint for economic conversion is almost certainly a key agenda item for 1993. TRANSPORTATION AND COMMUNICATIONS • Telecommunications: The communications field is changing so rapidly that Congress is virtually certain to revisit the field and reopen the issues of pnvacy, authority (how much authority the "baby bells" should have, what authority the FCC should have to regulate short wave communications), of access to data, and much more. ENERGY AND ENVIRONMENT Congress was unable to complete action on any major environmental legislation in 1992. Accordingly, almost all the major environmental statutes -- Clean Water Act, Safe Drinking Water Act, the Resource Conservation and Recovery Act (solid and hazardous waste management), Endangered Species Act, and Superfund -- are potential legislative items in the next Congress. It is unclear at this point which of these issues will head the "must do" list. Potentially, the Clean Water Act could be addressed in the context of an infrastructure proposal, assuming the wetlands issue is resolved. Alternatively, the 102nd Congress came closer to reauthorizing an RCRA statute than a clean water bill and could conceivably pick up the garbage issue, although now that the interstate transport issue seems to have been addressed by the most vocal affected states, the impetus for RCRA action may be less compelling. There was a major attempt to revise the Safe Drinking Water Act on the Senate floor in the closing days of last Congress, but the issues in this statute were not adequately addressed. • Clean Water: Major issues of concern to cities in any Clean Water Act reauthorization proposal include funding for CWA mandates, combined sewer overflows, stormwater, contaminated sediments, and wetlands. The absence of a consensus on wetlands was the principal reason for Congressional inability to finalize a reauthorization proposal this past year. While NLC achieved a modified victory in extending the stormwater moratorium for small communities for two years, the stormwater program still is in need of major changes. This will clearly be a major priority for NLC in the upcoming Congress. In addition, municipalities face untenable, unfunded mandates in addressing CWA requirements. Funding -- how much, for what, for whom -- will also be a major NLC priority. • RCRA: Issues of concern to municipalities in managing municipal solid waste include development of markets for recyclables, planning for long-term solid waste management capacity, and codification, if deemed necessary, of EPA's recent decision to designate municipal incinerator ash as a Subtitle D (solid) rather than as a Subtitle C (hazardous) waste. • Safe Drinking Water Act: While efforts to significantly revise the Safe Drinking Water Act in the past Congress were unsuccessful, this statute is ripe for substantial revisions. Under current law, EPA is required to issue Maximum Contaminant Level (MCLs) for 6 25 new contaminants every three years, regardless of whether they ever appear in finished drinking water. Beyond this requirement, cities currently face untenable costs to monitor and implement controls for contaminants, which in many instances are regional, not nationwide, in nature. • CERCLA: The Comprehensive Environmental Response, Compensation and Liability Act (better known as Superfund) will be scrutinized by Congress over the next few years. The three major issues of this debate will be financing cleanup activities (who will pay?); how to determine the appropriate level of cleanup at a Superfund site (how clean is clean?); and the role of the states. Efforts to limit municipal liability under Superfund will continue to be a top priority. Mandated municipal household hazardous waste programs may also be an issue in the upcoming Superfund reauthorization. GOVERNOR RICHARDS WILL ADDRESS CITY OFFICIALS Governor Ann Richards is now confirmed as the luncheon speaker at TML's February 8 Legislative Briefing in Austin. Advance registration material for the briefing and luncheon has been sent to all member cities. For further information, please contact Rita Stanley at the TML offices -- (512) 478- 6601. peek at a series of proposed changes in the rules governing how Speaker opens the House cposa scts are x ess. ect The proposals are expected to include term limits for House speakers; mandatory open • meetings of the Calendars Com- new Legislature and ah sets the House agen- da; tt and a requirement that members be given ample time to study major amendments to bills •th high before voting on them. wi. hopesBut Laney saidthe House is - likely to take up the proposed re- forms until the end of next week. He said members need plenty of By David Elliot time to study the reforms.In addi- American-Statesman Capitol Staff tion, many Democrats will be in minded freshmen, Laney pounded Washington, D.C., next week for Reforming the tarnished imr+ge his gavel and proclaimed, "Let's President-elect Bill Clinton's of the Texas House of Represent- get started' inauguration. atives and passing school finance Laney told his colleagues that he Laney's ascension was accompa- reform are the top priorities for hopes the House will address con- nied by a sense of optimism that new House Speaker Pete Laney troversial school finance legisla- members will be able to overcome during the Legislature's 140-day tion within 30 days.Speaking with the increasingly partisan nature of session. reporters later, Laney hinted that the House and solve the school Laney, a fanner who rose from committee assignments could be funding crisis, as well as write a the cotton fields of West Texas to delayed if the House does not two-year budget without raising become the state's third-ranking make satisfactory progress on taxes. official, was elected the 68th school finance. The school finance system has speaker of the House on Tuesday. The appointment of committees been declared unconstitutional, He and the other 180 members of and their leaders has been among and the courts have threatened to the Texas Legislature, including the speaker's most important pow- shut off state funds to schools if Lt. Gov. Bob Bullock, were sworn ers and could be used to win sup lawmakers do not devise an ac- in Tuesday. port for legislation. ceptable plan by June 1. After more than an hour of Asked if committee assignments And,despite an estimated$3 bil- speeches in which Laney, D-Hale and school finance would be lion funding shortfall in what Center,was praised as a man who linked, Laney smiled broadly and agencies say is needed for state can bring reform to a House divid- said, "Not at this time." services,Laney said he agrees with ed between Democrats and Repub- Laney announced that, by the Gov. Ann Richards and Bullocl licans, old-timers and reform- end of the week,members will get a that state taxes shouldn't be raised 7 Before Laney was nominated House members received a stern lecture from secre- tary of State John Hannah,who discussed the public's low opinion of its political leaders. "What we are seeing is beyond the healthy skepti- cism of which Americans and especially Texans have always viewed their political leaders," Hannah said. "The reports and polls I have seen indicate that the public's frustration with politics is very real and their mistrust of the political system runs very deep." Last year,a survey showed that only 20 percent of Texans believe the Legislature is doing a good job. And that poll was conducted before lawmakers found themselves locked in partisan gridlock during a fall special session on school finance legislation. Laney,49,told his colleagues that if"we are going to accomplish all that must be done...we must have the trust,the support and the respect of the people of Texas." Member after member marched to the podium and declared that Laney is the speaker Texas needs to bring change and restore public confidence. Rep. Libby Linebarger, D-Manchaca, who nomi- nated Laney for speaker,said he is committed to rules reform and will get the House moving again. "The citizens of this state have, quite simply, lost faith in their government," Linebarger said. "They are disappointed in our repeated failure to address some of the most serious problems this state has ever faced." -- Linebarger said Texans are "disillusioned by our inability to get things done,but getting things done is what Pete Laney does best." In the Senate, Bullock predicted that the Legisla- ture would pass a school finance plan "fairly early," but he declined to say what would be in it. For the first time in this century,Republicans have more than one-third of the seats in the Senate.Demo- crats hold an 18-13 edge, but under current Senate rules,one-third of the body can block consideration of legislation. For further information contact the TML Legislative Services Department, 211 East Seventh Street, Suite 1020, Austin, Texas 78701; (512) 478-6601. Executive Director— Frank Sturzl Director of Legislative Services— Walter Fisher General Counsel— Susan Horton Legislative Associates— Shanna Igo Karen Kennard ( ____ ' ,1Dfr 1 _ , ., 'I IIIliW r' Published By The Texas Municipal League 1-"1• •- 211 East Seventh, Suite 1020 Austin, Texas 78701-3283 15121 478-6601 January 8, 1993 Number 1 LEGISLATIVE ENGINES ARE IDLING -- WHEELS WILL TURN SOON On Tuesday, January 12, a biennial ritual begins anew as 136 veteran lawmakers and 45 freshmen converge on Austin to begin what many seasoned observers believe will be the most hectic and contentious legislative session in recent memory. After the opening day swearing-in ceremonies and related festivities, the fun will come to a screeching halt. The first order of business in the House will be the election of a new Speaker. All mystery surrounding the election of long-time Speaker Gib Lewis' successor was eliminated weeks ago, when Representative Pete Laney (D-Hale Center), a former TML Legislator of the Year, announced he had more than enough support to be elected Speaker by the 150 House members. With that formality out of the way, the House will turn to adopting its rules of procedures and the Speaker will begin to make the all-important committee assignments. In the Senate, Lieutenant Governor Bob Bullock returns for his second session to face a new and more balanced Senate. Eight members of the 1991 Senate, including five of the 1991 committee chairmen,will be gone, and five new Republican Senators will be sworn in. Almost as if to signify a new composition in the Senate, the 31 Senators will meet blocks away from the Capitol while the Senate Chamber is being remodeled. The temporary Senate "chamber" is so small that observers will not be allowed entry, but must instead watch the Senate proceedings on closed-circuit television in an adjoining room. Lawmakers face some familiar issues: court-ordered reform of the state's public school finance system; a state general revenue shortfall juxtaposed against increasing demands for services and, on the other hand, a growing resistance to any additional tax increases; reform of the criminal justice system; and redistricting-- at least in the Senate. Those few issues alone could consume massive amounts of time, but roughly 5,000 additional bills addressing issues of every sort will also be filed. The municipal stakes, as always, will be high. The Texas Municipal League will seek the passage of 17 priority bills (please see the December 18, 1992 edition of the TML Legislative Update) and will support or endorse dozens of other initiatives. As in years past, the League's highest priority will be to defeat detrimental bills. Among the many bills which can negatively affect cities will be those that would require cities to generate revenue for the state. That particular issue was addressed by the TML Executive ranted on recycled paper. Director in an article he recently wrote for The Quorum Report, a political newsletter widely read in Austin. That article is reprinted below. CITIES FIGHT BACK AGAINST REVERSE INTERGOVERNMENTAL ASSISTANCE PROGRAMS In the waning moments of the First Called Session of the Seventy-Second Texas Legislature, as state lawmakers were putting the finishing touches on a state tax bill, several provisions which negatively affected cities were added over the objections of city officials. Those provisions included the elimination of the municipal share of the bank franchise tax, the elimination of the municipal sales tax on boats, and a tripling of the solid waste disposal fee paid by municipal landfills to the state. While these municipal revenue losses were, to a great extent, counterbalanced by revenue generated by a broadened sales tax base, the tax bill represented the continuation of a deeply disturbing trend: the state's reliance on cities to help balance the state budget and to generate revenue for state agencies. When state policy makers are reluctant to raise state taxes, they are increasingly tempted to require cities to raise revenue for them. And as state agency personnel come to the realization that the Legislature is unlikely to provide the agencies with increased general fund revenue, they increasingly ask the Legislature to enact new or increased municipal fees for the purpose of funding state agencies. This trend is best characterized as "reverse intergovernmental aid." The normal flow of intergovernmental aid is downward from the top. For example, the federal government provides billions of dollars of assistance to state and local governments every year. Similarly, most states provide financial assistance to local governments. In Texas, however, state financial aid to cities has historically been -- and still is -- extremely low. For example, in 1988 (the last year for which complete data is available), annual per capita state aid to local governments -- excluding education aid -- was $506 in California, $532 in New York, $289 in Michigan and $435 in Ohio. The U.S. average was $225. The corresponding figure in Texas was less than four dollars. While state aid is very low, cities in Texas have remained relatively free of burdensome state mandates which characterize the states in which state aid to local governments is much higher. In fact, national studies consistently show that Texas cities have more authority to conduct their own affairs free of state interference than do the cities of any other state. Thus, state-municipal relations in Texas have historically been characterized by an unspoken agreement: no (or little) state financial aid, and no (or few) state mandates. This unspoken, informal agreement has worked well -- city officials and legislators have been happy with the arrangement. In recent years, however, the agreement has begun to unravel, as reverse intergovernmental assistance programs have become more tempting (certainly more tempting than state tax increases) and as the legislature has considered more and more unfunded state mandates. The trend toward reverse intergovernmental aid will deliver upon Texas cities the worst of two worlds: continued low financial aid and vastly broadened mandates, including mandates which would require cities to raise revenue for the state. It is as if the Congress would require the state legislature to raise revenue to fund the federal government. —2— H.B. 197 (Bosse) -- Stalking: would create the offense of stalking. (Note: thus far, six stalking bills have been pre-filed.) H.B. 198 (Rudd) -- Condemnation: would provide that: (a) in counties with one or more county courts at law, a condemnation proceeding may be filed with either the county clerk or district clerk; (b) in counties with no county courts at law, the proceeding must be filed with the district clerk; (c) the district clerk must file and process the case in the same manner as any other civil suit, with the filing fee due at the time of filing; and (d) a district court or county court at law may not alter the rotational assignment of cases for such proceedings. H.B. 209 (Martin) -- Economic Development Sales Tax: would require that the ballot wording for voter adoption of an economic development sales tax include a description of the project to be funded with the tax revenue. H.B. 215 (Wolens) -- Administrative Driver's License Revocation: would require, among other things, that: (a) a person who is driving while legally intoxicated shall have his/her driver's license suspended by the arresting officer; (b) in the case of a person suspected of DWI, but for whom a blood or breath analysis is not complete, the arresting officer shall attempt to suspend the driver's license; and (c) the arresting officer shall report such actions to the Texas Department of Public Safety. H.B. 225 (Martin) -- Juvenile Records: would allow designated public school employees to inspect certain law enforcement records relating to juveniles. H.B. 234 (Eckels) -- Motor Fuel Taxes: would exempt all political subdivisions from payment of motor fuel taxes and vehicle registration fees. H.B. 241 (Kubiak) -- EMS: would remove the requirement that EMS personnel be recertified after they have once been certified. H.B. 250 (Maxey) -- Solid Waste Permits: would allow for state approval of the transfer of a solid waste permit. H.B. 257 (Martin) -- Delinquent Children: would provide that a child may be fingerprinted or photographed or both by a law enforcement agency only if the child is referred to juvenile court for violating a penal law, and that those fingerprints and photographs may be combined with those of an adult and may be sent to a central state or federal depository. H.B. 258 (Giddings) -- Health Insurance: would require that health insurance policies include coverage for immunizations for covered children under 18 months of age. H.B. 260 (Delco) -- Municipal Regulation of Alcohol: would permit cities to prohibit the consumption of alcohol or the possession of alcohol in an open container in a city park or on public property in a designated district if certain procedures are followed. H.B. 263 (Yarbrough) -- Sexually Oriented Businesses: would provide that cities may prohibit a sexually oriented business within 3,000 feet of a school, playground, hospital, public park, athletic field and certain other facilities. S.B. 63 (Leedom) --Anticipation Notes: would allow cities to issue bond anticipation notes. This is a TML bill. -4- Certainly the legislature would vigorously oppose such Congressional action, and Texas cities will oppose any such state action. The good news is that the Governor, the Lieutenant Governor, and a growing number of legislators are becoming more aware of this issue and more sensitive to the cities' concerns. At the same time, taxpayers and ratepayers across the state are beginning to realize that "state spending" is much more than "state outlays;" it also includes local spending required by the state. We've heard a number of state leaders say that there will be no tax bill in 1993 because Texans are tired of paying increased state taxes. Throughout 1993, city officials will be asking why anyone would believe that Texans aren't just as tired of paying state-mandated municipal tax and fee increases. DRAFT OF ARCHITECTURAL HANDBOOK CREATES CONTROVERSY The Texas Municipal League has obtained a draft copy of a document entitled, "Reference Handbook for Building Officials and Design Professionals," prepared by the Texas Board of Architectural Examiners. One section of that document is entitled, "Professionals Required by Building Type." That section indicates that state law requires that certain city buildings -- and the remodeling of those buildings -- must be done by an architect. While this document has apparently not been distributed in final form, city officials should know that current law differs from the interpretation spelled out in this draft document. State law (Section 16 of Article 249a, V.T.C.S.) requires that an architect must prepare the architectural plans and specifications for certain city buildings and certain remodeling projects. But the statute goes on to provide that: (a) a building owner (the city) may choose either a registered architect or a registered professional engineer as the prime design professional for a building project; and (b) a registered professional engineer may perform any act that is part of the "practice of engineering," which would include building design. Thus, TML believes that a city may select either an architect or engineer to prepare architectural plans and specifications. In August 1992, the Attorney General issued an opinion which is in accord with the League's position. That opinion (DM-161) was that state law does not bar a professional engineer from preparing plans and specifications for a public building. That opinion means that cities may choose between an architect and an engineer. We understand that a group of architects has asked the Attorney General to reconsider his opinion, but until and unless a new opinion is released, the League continues to believe that cities may select either an architect or an engineer for building projects described in Section 16 of Article 249a. PRE-FILING SLOWS DURING HOLIDAY BREAK Pre-filing of bills for the Seventy-Third Session has slowed somewhat, but several city- related bills have appeared since the last edition of the TML Legislative Update was published. They are described below. H.B. 191 (Rabuck) -- Weapons: would create the offense of carrying a firearm or prohibited weapon on public property within 1,000 feet of a school. /3- S.B. 74 (Bivins) -- Ground Water: would eliminate the Texas Water Commission authority to regulate ground water. Senate scrutiny of Bentsen, Cisneros thought to be easy Wil ANTONIOQ mma Dreary Martin JAN 3 1E3• would begin the debate with the in- Express-News Washington B1fau tention of voting-for Henry Cis- WASHINGTON Although neros for secretary,"Gramm said. background checks continue,it ap- Raul Yzaguirre,president of the pears U.S. Sen. Lloyd Bentsen and National Council of La Raza, said life,"he said. former San Antonio Mayor Henry the GOP might try to defeat Cis- Meanwhile, Senate sources ex- Cisneros will escape serious chal- neros with arguments similar to pected Bentsen to breeze through lenges to their appointments to the those Democrats used to nix the the process. Clinton Cabinet. late John Tower's nomination by Bentsen, D-Texas, has served Laredo native and former Den- President Bush as secretary of De- since 1987 as chairman of the Sen- ver Mayor Federico Pena, norm- fense. ate Finance Committee, the same nated for secretary of Transporta- Tower, a former veteran U.S. panel that will.hold confirmation tion, also is expected to pass Sen- senator from Texas,who died in an ate scrutiny. April 1991 plane crash in Georgia, hearings on the Treasury secre- Cisneros, named by President- was rejected by the Senate after tarY-designate• .elect Bill Clinton as U.S.secretary nomination hearings dwelled on al- "He has a good rapport with his of Housing and Urban Develop- legations of alcoholism and worn- colleagues on both sides of the rent, could face rougher going in aniung. aisle," said a Senate source famil- the confirmation process than "John Tower, rightly or tar with the committee. Bentsen, who is the Treasury sec- wrongly,was accused of womaniz- "I think it's easy to assume that zetary-designate. ing and drinking, and he had been it won't be one of the diciest of the Cisneros first nominated to a sensitive national nomination hearings," the source security job.'Those are not the cir- said. Cisneros is expected to appear cumstances in which Henry Cis- A Bentsen spokesman, however, before the Senate committee Jan. neros finds himself," Yzaguirre said the senator was not taking tl2 while no firm hearing dates for said confirmation for granted. Bentsen and Pena have been re- "He (Cisneros) has never been "From our perspective,you sim- -leased. accused of drinking, his judgment ply don't take anything for The Cisneros appointment re- is not impaired and national secu- granted"the spokesman said newed speculation that GOP Sena- rity is not involved. It's a corn- From a San Antonio perspec- tors might resurrect the personal pletely different circtunstance," tive, Laredo native Pena is Colo- problems the former mayor had" Yzaguirre continued. rado's Henry Cisneros. four years ago. In 1991, Mary Alice Cisneros The 45-year-old nominee for sec- But Senate aides and several of- filed for divorce,but she later with rely of Transportation is another ficials said, while those problems drew her petition. The couple has rising star among Hispanic lead- might embarrass Cisneros, they since reconciled ers. Although he's a native Texan, are unlikely to derail his nomina- Several sources said the GOP — _ lion could use the incidents to embar- "Pena did for Denver what Cisneros For one thing,Cisneros'appoint- rass Cisneros and Clinton, but did for San Antonio — and gar- those same sources said such a nered similar amounts of both ment has been endorsed by U.S. move also could backfire. praise and criticism. Sen. Phil Gramm, R-Texas,who as Cisneros moved quickly to blunt Like Cisneros, Pkrl�a was the chairman of the Senatorialthat effort when he told Texas re- first Hispanic mayor in his respec- pa Committee, wields Cam-political porters in Little Rock that public- tive large city. Both mayors over- weight among the GOP leadership ity about his personal life in 1988 saw periods of economic boom and is the Senate. might be brought up in the nomina- bust and both pushed for major ad- Obviously, we have to go through the confirmation process, tion process. ditions to their city's infrastruc- the hearings. But my initial posi- ioritsen to brooms lures tion would be strongly favorable," But be reminded reporters be Cisneros was mayor from 1981 Gramm said after Cisneros' nomi- came form about the widely to 1989; Pena from 1983 to 1991. nation was announced. publidsed incident four years ago. "I would have to look at the "There has never been a sugges- background check, but my initial tion that my public performance position would be favorable.And I has been affected by my private ROOKED, AGAIN Undercourlin census will hurt Texas for years sousiotl POSt TEXAS, FLORIDA and other against an adjustment by claiming it states, mainly in the Sun Belt, could not accurately reflect popula- will apparently be rooked for tions in the nation's 44,000 census at least another decade in the distribu- blocks, even though it would improve tion of federal aid. An undercount in the overall census accuracy. the 1990 federal census is the culprit, - Some way to compensate for an un- just as an undercount in the 1980 cen- dercount must be built into the 2000 sus was to blame in cheating Texas census beforehand,she said. It certain- and some other states during the '80s. ly must.The last two censuses unfairly The Census Bureau has decided shortchanged Texas and other growing against statistically adjusting the lat- southern states, while giving northern est census to compensate for the un- states an unfair share of federal aid. dercount. The bureau rejected repeat- Former Texas Comptroller Bob ed pleas for the adjustment from top Bullock and current Comptroller John officials in Texas and other states. Sharp estimated the 1980 undercount These states would have benefited cost Texas about $300 million in 84 from more federal aid through formu- federal programs. They estimated the las based on population. latest deficient count would cost Texas Census Director Barbara Everitt about$1 billion during the 1990s, most Bryant said the last census failed to of it in Medicaid money. count an estimated 490,000 persons — The Census Bureau and the Reagan- about 1.6 percent — of the American Bush administrations have been dere- people. Because many of those missed lict in not developing a fair way to were Hispanics, a group more promi- adjust the census. Congress should neat here than in most states, Texas have forced them to do so. would have been strongly favored by And if no accurate count or adjust- the adjustment. ment is made in 2000, some bureau- But Bryant defended the decision cratic beads should roll. For further information contact the TML Legislative Services Department, 211 East Seventh Street, Suite 1020, Austin, Texas 78701; (512) 478-6601. Executive Director— Frank Sturzl Director of Legislative Services— Walter Fisher General Counsel— Susan Horton Legislative Associates— Shanna Igo Karen Kennard /t. TEXAS LIBRARY ASSOCIATION 3355 Bee Cave Road • Suite 401 •Austin,Texas 78746-6763 (512)328-1518•FAX(512)328-8852 Dear TLA Member, By this letter I am inviting you to what is literally "The Only Game in Town." On January 12 the 73rd session of the Texas Legislature will convene. During the session, decisions will be made which will affect all TLA members and their capacity to deliver superior library service. These decisions will be made with or without your input. Frankly, when such decisions are being made about me, I either want to be at the table or near it. Your choice is the same. You can work with the Legislature or they will work without you. Our Legislative Day is an important part of the process of working with the Legislature. We have resolved up a storm in TLA Council and have resolutions in place which create an extremely worthwhile legislative agenda. To achieve the goals stated in those resolutions, we must meet and brief the elected officials before the session, show force on Legislative Day, and do follow-up afterwards. We need an informed constituent from each and every state representative's district to ensure our success. If you are that constituent, please register and attend Legislative Day. Only the future of library service in Texas is riding on this effort. Sincerely, James B. Stewart President Attachment: 1993 Legislative Day Registration Form ORGANIZED TO PROMOTE LIBRARY SERVICE IN TEXAS A3 REGISTRATION FORM TLA LEGISLATIVE DAY FEBRUARY 17, 1993 Join us on Legislative Day. Please register early so that we can plan for your attendance. DEADLINE for registration is January 25, 1993. Name ut f f i, y TLA District Address e CC) City/Zip 1k 7 Work (2 4,4? 757c (0 Home ( ) Libraryez1--/, c Library Staff Government Official _Board Member or Friend State Senator District No. State Representative District No. Please list any Senators or Representatives with whom you are acquainted I cannot attend but I would like to contribute to Legislative Day. Check enclosed $ If you are uncertain about your legislator's name and/or district number, check with your local Voter Registration Office or Democratic/Republican party headquarters. Return to: Brenda Branch 6103 Shadow Valley Drive, #B Austin, TX 78731-4135 Note: Hyatt Regency on Town Lake, Austin, Texas, is the official headquarters for all TLA Legislative Day events. TLA group rates are available if you register before February 2, 1993. Reservation cards will be sent in your registration packet after this form has been received at the address above.