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AGENDA
VVYLIE CITY COUNCIL
Wylie Municipal Complex
February 28, 1995
7:00 p.m.
CALL TO ORDER
INVOCATION - Reverend Fred Hall
PLEDGE OF ALLEGIANCE
PRESENTATION OF GOVERNMENT FINANCE OFFICERS AWARD FOR EXCELLENCE IN
FINANCIAL REPORTING
CONSENT AGENDA
1. Consider Approval of the Minutes of January 10, February 14, and February 21, 1995
2. Consider Approval of an Ordinance Making a Correction to Ordinance 95-3 Amending
the Wylie Code of Ordinances as It Pertains to Curfew Regulations
ACTION ITEMS
3. Discuss and Consider Approval of a Resolution Adopting a Revised Immediate Needs
Project List for 4B Funding
RECESS CITY COUNCIL
CONVENE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION
4. Discuss and Consider Approval of a Resolution Authorization of Funding of Amended
FY95 Immediate Needs Project List
RECONVENE CITY COUNCIL
5. Discuss and Consider Approval Award of Contract for AllilfficiField Luting at
Community Park
6. Discuss and Consider Award of Bids for Annual Corxratse bntract
7. Discuss flausecandSenate Bills being Proposed that Affect Local Governments and
Consider Redbed Action
8. Discuss and Consider Award of Bids for Fire Truck
STAFF REPORTS
CITIZEN PARTICIPATION
EXECUTIVE SESSION
9. Hold Executive Session Under 551.074 Government Code - Personnel Matters to
Discuss:
(a) Evaluation of City Manager
(b) Appointment of Alternate Municipal Court Judge
10. Take Any Necessary Action as a Result of the Executive Session.
ADJOURNMENT
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Posted/02/24l95 at 5:00 p.m.
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MINUTES OF THE WYLIE CITY COUNCIL
SPECIAL MEETING TO CANVASS
February 21, 1995
CALL TO ORDER
Mayor Pro-Tem Ortie Messenger called the meeting to order with the following
Councilmembers present: Bobby Jennings, Steve Wright, and Cleo Adams. Mayor Jim
Swartz, John Mondy, and Reta Allen were absent.
CANVASS OF FEBRUARY 18TH BOND ELECTION
Council canvassed the returns and Messenger announced that 752 total ballots
had been cast for the measures as follows:
METHODIST CHURCH/EARLY VOTED BALLOTS
PROPOSITION 1 435 Favor 244 Opposed
PROPOSITION 2 472 Favor 200 Opposed
SOUTHFORK MOBILE HOME PARK
PROPOSITION 1 68 Favor 4 Opposed
PROPOSITION 2 59 Favor 12 Opposed
TOTAL BALLOTS CAST
PROPOSITION 1 503 Favor 248 Opposed
PROPOSITION 2 531 Favor 212 Opposed
RESOLUTION 95-15 CANVASSING RETURNS OF BOND ELECTION HELD ON
FEBRUARY 18, 1995
Wright made a motion to approve the resolution. Adams seconded the motion.
The motion was voted on and passed unanimously.
ADJOURNMENT
As there was no further business to come before Council for consideration, the
meeting adjourned.
APPROVED
ATTEST
1111111601
ISSUE
Last meeting Council passed an ordinance amending curfew regulations. That ordinance provided for
weekday curfew as well as weekend. A typographical error omitted Friday night and duplicated Sunday.
Our attorneys have since corrected the ordinance but it needs to be adopted in amended.
LEGAL CONSIDERATIONS
This ordinance repeals the previous one and will adopted in its entirety.
STAFF RECOMMENDATION
Staff recommends approval of the ordinance.
ATTACHMENTS
Copy of Corrected Ordinance
Submitted By Approved By
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ISSUE
The purpose of this item is to consider amendments to the approved list of immediate need projects
authorized for funding with the 4B sales tax.
BACKGROUND
Park and Recreation Board recommended and Council approved a list of projects to be funded with the 4B
sales tax. The Wylie Parks and Recreation Facilities Development Corporation subsequently approved
funding. Attachment A is a table that identifies the projects and budget estimates authorized for 4B sales
tax funding. The table also identifies updated cost projections for several projects. Explanations for cost
adjustments to specific projects are provided.
Utility Pole/Overhead Transmission Wires Relocation project at Community Park - original estimate was
$56,000. An agreement was reached with the WISD to utilize property adjacent to Community Park
that will enable 11 poles to be moved with the overhead wires in place, instead of the more expensive
alternative of burying the lines. Also, the city will avoid the expense of TU Electric completing ar
expensive process of boring beneath the two concrete drives serving the Community Center/Library
City crews will complete a concrete cut, dig a trench, and place the conduit that TU Electric will utilize
to run underground lines. These plan changes will result in the cost of the project beinc
approximately $30,000.
Outfield Lighting at Rowell Field was approved at $80,000. Lighting for the football and soccer fields
estimated at $75,000, was not approved for FY95 funding but was made a priority for funding it
FY96. The $80,000 figure was an error based on the assumption that four (4) outfield poles would
be required. The Park Board was provided information during the January 23 meeting that indicated
that bids for the outfield would be in the range of $20,000.
Based on these cost savings, the Park Board then instructed staff to develop a bid proposal for
athletic field lighting that would include lights for three areas: Football and Soccer Fields; Rowell
Field outfield; and Rowell Field infield. The bid for installation of lighting in all three areas $103,000:
for the soccer and football fields and the Rowell Field outfield $93,000; and, for soccer and football
fields $73,000.
Purchase of Property for a Future Athletic Field Complex - $60,000 was authorized representing the down
payment on a purchase of 55 acres. The property is located on the southside of FM 544 at FM 1378.
The northern boundary line of the property purchased by the city represents the southern boundary
line of a 45 acre tract that fronts FM 544 that was purchased by the WISD for the new high school
campus. A recently completed survey prepared for the entire tract, which includes both the city and
school property, shows that the actual size of the city's tract is 86 acres, not 55 acres.
The City Council authorized the City Manager to purchase 80 acres of land for an amount not to
exceed $470,000 under the following terms and conditions: The WISD would purchase an additional
6 acres, leaving a total of 80 acres for the city; the city would pay $5,850 per acre; a payment of
$150,000 would be made at the time of closing to the seller; the remaining balance of approximately
$320,000 would be due a year from closing with no interest charged.
Concept Plan for the Joint Use Facility - The total cost of the land proposed for the athletic field complex
is approximately $380,250. Planning of the 65 acre athletic field complex will be discussed at length
during future meetings. J.T. Duncan and Associates has agreed as part of the scope of services for
the Master Park Planning process, to include conceptual planning for the joint use facility. Plans are
necessary by J.T. because the school district needs to prepare a grading study. We must know, not
only where in general the major facilities will be located, what affect the paving and grading will have
on the city's future plans at the site. Staff is recommending that $3,000 be allocated for additional
services related to this project in FY95. Planning efforts on a staff level are preceeding in partnership
with the WISD to develop a top quality joint use complex. Both parties have disregarded property
boundaries and are approaching the project from a standpoint of what is best for the taxpayers and
residences. The City Council has accepted a staff recommendation that fifteen (15) acres of the tract
be used for a future service center.
School Property Utilization - $6,600 in funding was authorized for School Property utilization. Improvements
will be made to property located near the Middle School for use as practice soccer, football. anc
baseball fields.
FINANCIAL CONSIDERATIONS
$37,000 in 4B sales tax was collected in FY 1994. The FY 1995 Budget projects approximately $260,00C
will be collected in sales tax revenues. Total funding available through FY95 is approximately $301.980
The amended Immediate Needs Project list, which includes current budget estimates, presented for
consideration contains approximately $292,225.
LEGAL CONSIDERATIONS
The By-laws of the Wylie Park and Recreation Facilities Development Corporation (WPRF) establishes that
a Park, Recreation, and Library Capital Improvement Program will be adopted by the City Council. The By-
laws establishes that the Park and Recreation Board will make recommendations to the City Council
regarding all projects contained in the Capital Improvement Program. Any amendments to an approved
project list must be approved by the City Council. Funding authorization for the approved project list must
be granted by the WPRF.
BOARD/COMMISSION RECOMMENDATION
The Parks and Recreation Board recommended approval of the issues related to Rowell ballfield
lighting. However, they did not recommend approval of the $3,000 consulting fee.
STAFF RECOMMENDATION
Staff recommends shifting $26,000 authorized for Utility Pole - Overhead Transmission Wire project to fund
$23,000 increase in Athletic Field Lighting and $3,000 for New Athletic Field Complex planning.
Two formal actions would be required by the City Council in order for the lighting to be installed.
(1) An amendment would have to be adopted to the Immediate Needs Project List. This amended
list would be submitted to the WPRF for funding authorization at a meeting on Tuesday;
February 28.
(2) Following funding authorization being granted by the WPRF, the City Council would consider
acceptance of the Bid Proposal on Tuesday, February 28.
ATTACHMENT(s)
Attachment "A" - Resolution Accepting Amended Immediate Needs Project List
Submitted By Approved By
IMMEDIATE NEEDS PROJECT LIST - AMENDMENTS
DESCRIPTION AUTHORIZED BUDGET CURRENT PROJECTION
ALL PROJECTS $292,225 $292,225
Utility Pole
Relocation-Community Park $56,000 $30,000
Athletic Field Lighting - $80,000 $103,000
Rowell Field - Outfield $80,000 $20,000
Rowell Field - Infield $10,000
Soccer and Football
Fields $73,000
New Athletic Field - Planning $3,000
Total - All Other Projects $151,600 $151,600
Total - Amendments $52,000
A total of $52,000 is affected by these amendments. Shift $26,000 authorized for Utility Pole - Overheac
Transmission Wire project to fund $23,000 increase in Athletic Field Lighting and $3,000 for New Athletic
Field Complex planning.
RESOLUTION NO. 95 -
A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS, ADOPTING AMENDMENTS
TO THE FY 1995 IMMEDIATE NEEDS PROJECT LIST, AS RECOMMENDED BY THE
PARKS AND RECREATION ADVISORY BOARD OF WYLIE, TEXAS
WHEREAS, the Park and Recreation Board recommended a Immediate Needs Project list that was adopted
by the Wylie City Council on December 13, 1994; and,
WHEREAS, The Wylie Parks and Recreation Facilities Development Corporation authorized funding on
January 23, 1995 for the Immediate Needs Project list, with an estimated total cost of$292,225; and,
WHEREAS, any amendments to the approved project list must be approved by the Wylie City Council and
submitted to the Wylie Park and Recreation Facilities Devlopment Corporation for funding authorization.
NOW, THEREFORE BE IT RESOLVED by the City Council that the recommendation is accepted from the
Wylie Park and Recreation Board to amend the FY 1995 Immediate Needs Project list to include the
following amendments.
Utility Pole Relocation - Overhead Transmission
Wires Relocation - Community Park $30,000
Athletic Field Lights - Community Park $103,000
Football and Soccer Fields - $73,000
Rowell Field outfield - $20,000
Rowell Field infield upgrade - $10,000
New Athletic Field Planning - $3,000
DULY PASSED AND APPROVED by the City Council on this the 28th day of February 1995.
APPROVED
ATTEST
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ISSUE
The purpose of this item is to consider authorizing funding for the Amended FY 1995 Immediate Needs
Project list.
BACKGROUND
Park and Recreation Board recommended and Council approved a list of projects to be funded with the 4B
sales tax. The Wylie Parks and Recreation Facilities Development Corporation subsequently approved
funding. Attachment A is a table that identifies the projects and budget estimates authorized for 4B sales
tax funding. The table also identifies updated cost projections for several projects. Explanations for cost
adjustments to specific projects are provided.
Utility Pole/Overhead Transmission Wires Relocation project at Community Park - original estimate was
$56,000. An agreement was reached with the WISD to utilize property adjacent to Community Pare
that will enable 11 poles to be moved with the overhead wires in place, instead of the more expensive
alternative of burying the lines. Also, the city will avoid the expense of TU Electric completing ar
expensive process of boring beneath the two concrete drives serving the Community Center/Library
City crews will complete a concrete cut, dig a trench, and place the conduit that TU Electric will utilize
to run underground lines. These plan changes will result in the cost of the project beinc
approximately $30,000.
Outfield Lighting at Rowell Field was approved at $80,000. Lighting for the football and soccer fields
estimated at $75,000, was not approved for FY95 funding but was made a priority for funding it
FY96. The $80,000 figure was an error based on the assumption that four (4) outfield poles would
be required. The Park Board was provided information during the January 23 meeting that indicatec
that bids for the outfield would be in the range of$20,000.
Based on these cost savings, the Park Board then instructed staff to develop a bid proposal for
athletic field lighting that would include lights for three areas: Football and Soccer Fields; Rowel
Field outfield; and Rowell Field infield. The bid for installation of lighting in all three areas $103,000
for the soccer and football fields and the Rowell Field outfield $93,000; and, for soccer and footbal
fields $73,000.
Land was recently purchased as the site for a future athletic field complex. The City Council authorized the
City Manager to purchase 80 acres of land for an amount not to exceed $470,000 under the following terms
and conditions: The WISD would purchase an additional 6 acres, leaving a total of 80 acres for the city; the
city would pay $5,850 per acre; a payment of$150,000 would be made at the time of closing to the seller:
the remaining balance of approximately $320,000 would be due a year from closing with no interest
charged.
The total cost of the land proposed for the athletic field complex is approximately $380,250. J.T. Duncan
and Associates has agreed as part of the scope of services for the Master Park Planning process, to include
conceptual planning for the joint use facility. Staff is recommending that $3,000 be allocated for additional
services related to this project in FY95. Planning efforts on a staff level are preceeding in partnership with
the WISD to develop a top quality joint use complex. Both parties have disregarded property boundaries
and are approaching the project from a standpoint of what is best for the taxpayers and residences. The City
Council has accepted a staff recommendation that fifteen (15) acres of the tract be used for a future service
center.
FINANCIAL CONSIDERATIONS
$37,000 in 4B sales tax was collected in FY 1994. The FY 1995 Budget projects approximately $260,000
will be collected in sales tax revenues. Total funding available through FY95 is approximately $301.980.
The amended Immediate Needs Project list, which includes current budget estimates, presented for
consideration contains approximately $292,225.
LEGAL CONSIDERATIONS
The By-laws of the Wylie Park and Recreation Facilities Development Corporation (WPRF) establishes that
a Park, Recreation, and Library Capital Improvement Program will be adopted by the City Council. The By-
laws establishes that the Park and Recreation Board will make recommendations to the City Councii.
regarding all projects contained in the Capital Improvement Program. Any amendments to an approvec
project list must be approved by the City Council. Funding authorization for the approved project list mus-
be granted by the WPRF.
CITY COUNCIL RECOMMENDATION
The City Council adopted amendments to the FY 1995 Immediate Needs Project list that would require
shifting $26,000 authorized for Utility Pole - Overhead Transmission Wire project to fund $23,000 increase
in Athletic Field Lighting and $3,000 for New Athletic Field Complex planning.
ATTACHMENT(s)
Attachment "A" - Immediate Needs Project List
IMMEDIATE NEEDS PROJECT LIST -
AMENDMENTS
DESCRIPTION AUTHORIZED BUDGET CURRENT PROJECTION
ALL PROJECTS $292,225 $292,225
Utility Pole
Relocation-Community Park $56,000 $30,000
Athletic Field Lighting - $80,000 $103,000
Rowell Field - Outfield $80,000 $20,000
Rowell Field - Infield $10,000
Soccer and Football
Fields $73,000
New Athletic Field - Planning $3,000
Total - All Other Projects $151,600 $151,600
Total - Amendments $52,000
A total of $52,000 is affected by these amendments. Shift $26,000 authorized for Utility Pole - Overheac
Transmission Wire project to fund $23,000 increase in Athletic Field Lighting and $3,000 for New Athletic
Field Complex planning.
RESOLUTION NO. 95 -
A RESOLUTION OF THE WYLIE PARKS AND RECREATION FACILITIES DEVELOPMENT
CORPORATION OF THE CITY OF WYLIE, TEXAS, AUTHORIZING 4B SALES TAX
FUNDING FOR THE AMENDED FY 1995 IMMEDIATE NEEDS PROJECT LIST, AS
RECOMMENDED BY THE CITY COUNCIL OF WYLIE, TEXAS
WHEREAS, the Park and Recreation Board recommended a Immediate Needs Project list that was adopted
by the Wylie City Council on December 13, 1994; and,
WHEREAS, The Wylie Parks and Recreation Facilities Development Corporation authorized funding or
January 23, 1995 for the Immediate Needs Project list, with an estimated total cost of$292,225, and,
WHEREAS, any amendments to the approved project list must be approved by the Wylie City Council and
submitted to the Wylie Park and Recreation Facilities Devlopment Corporation for funding authorization.
NOW, THEREFORE BE IT RESOLVED by the Wylie Parks and Recreation Facilities Development
Corporation that funding authorization is granted for the amended FY 1995 Immediate Needs Project lis`
to include the following amendments.
Utility Pole Relocation - Overhead Transmission
Wires Relocation - Community Park $30,000
Athletic Field Lights - Community Park $103,000
Football and Soccer Fields - $73,000
Rowell Field outfield - $20,000
Rowell Field infield upgrade - $10,000
New Athletic Field Planning - $3,000
DULY PASSED AND APPROVED by the Wylie Parks and Recreation Facilities Development Corporatio-
on this the 28th day of February 1995.
APPROVED
ATTEST
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ISSUE
The purpose of this item is to consider approval of a contract for athletic field lighting at Community Park.
specifically for Rowell Field, a football field and soccer field.
RECOMMENDATION
Approval of a resolution authorizing the City Manager or his designee to execute a contract with Dean Electric. Inc..
in an amount not to exceed $103,000.
BACKGROUND
The Park and Recreation Board recommended and Council approved a list of projects to be funded with the 4B sales
tax. A budget of $80,000 was approved for outfield lighting at Rowell Field. Lighting for the football and soccer
fields, estimated at $75,000, was not approved fir FY95 funding but was made a priority for funding in FY96. The
$80,000 figure was an error based on the assumption that four (4) outfield poles would be required. The Park Boarc
was provided information during the January 23 meting that indicated that bids for the outfield would be in the range
of$20,000.
Based on these lower costs, the Park Board then instructed staff to develop a bid proposal for athletic field lighting
that would include lights for three areas: Football and Soccer fields; Rowell Field outfield; Rowell Field infield. Thz
low bid received for installation of lighting in all three areas is $103,000; for the soccer and football fields and the
Rowell Field outfield is $93,000; and, for the soccer and football fields is $73,000.
The original budget estimate for the Utility pole/overhead transmission relocation project was $56,000. Based or
negotiations with TU Electric regarding the city assuming the responsibility for additional work, the budget estimate
can lowered to approximately $30,000. The Park Board is recommending that $26,000 be shifted from the Utilit•.
Pole project to fund the $23,000 increase in Athletic Field lighting.
FINANCIAL CONSIDERATIONS
$37,000 in 4B sales tax was collected in FY 1994. The FY 1995 Budget projects approximately $260,000 will be
collected in sales tax revenues. Total funding available through FY95 is approximately $301,980. The amended
Immediate Needs Project list, which includes current budget estimates, includes funding for this project.
LEGAL CONSIDERATIONS
Section 6 of the Wylie Park and Recreation Facilities Development Corporation (WPRF) By-laws establishes the
authority of the City Council for the expenditure of Corporate money.
ATTACHMENTS
Resolution Authorizing City Manager to Execute Contract for Ballfield Lighting
Mike Collins
Submitted By Approved By
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS, GRANTING
AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A
CONTRACT WITH DEAN ELECTRIC, INC. FOR COMMUNITY PARK ATHLETIC FIELD
LIGHTING
WHEREAS, the Park and Recreation Board recommended and Council approved a list of projects to be funded with
the 4B sales tax, including $80,000 for outfield lighting at Rowell Field; and,
WHEREAS, lighting for a football field and a soccer field at Community Park was not approved for FY95 funding
but was made a priority for funding in FY96; and,
WHEREAS, new information was learned that bids for the Rowell Field lighting would be in the range of$20,000
and there would be a reduction in cost of relocating utility poles at Community Park of approximately $26,000; and.
WHEREAS, the Park Board recommends that $26,000 be shifted from the Utility Pole project to fund the $23,000
increase in Athletic Field lighting.
NOW, THEREFORE BE IT RESOLVED by the City Council of Wylie, Texas, that the City Manager or his
designee is authorized to execute a contract with Dean Electric, Inc., in an amount not to exceed $103,000, for
athletic field lighting at Community Park. Lighting will be installed in three areas at Community Park: a footbal
field, a soccer field (located north of football field), and Rowell Field.
DULY PASSED AND APPROVED by the Wylie City Council on this the 28th day of February 1995.
APPROVED
ATTEST
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ISSUE
Council is requested to discuss and consider awarding a one year contract for
miscellaneous concrete construction work.
BACKGROUND
Since the City's annual requirements for various types of concrete construction
and repair work is likely to exceed the statutory competitive bidding threshold
of $15,000.00, bids have been solicited for a one year contract to cover all such
work for a one year period. The bid is based on a fixed rate for each linear or
square foot of concrete curb and gutter or flat work. No specified amount of
work has been implied or guaranteed to the contractor, although it is estimated
that the monetary value of the contract should be at least $30,000.00 for all
work performed. Due to the unspecified scope of the work and the fact that
most of the projects will be small and widely scattered, it is difficult to elicit
bids on this type of contract. Of those contractors contacted, only Holley and
Son Concrete responded with a bid. This contractor has performed capably for
the City on numerous projects in the past and the quoted rates are judged to
be below the customary rates for this type of work. A copy of the bid follows.
Staff Recommendation
Staff recommends that Council award a one year contract to Holley and Son
Concrete based on the bid submitted.
Attachments: Bid from Holley and Son Concrete
Prepared By Approved By
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BID NO. 95-02
CONCRETE WORK
SPECIFICATIONS/BID FORM
The following specifications are intended to describe the City's minimum require-
ments for the construction of concrete curb and gutter and fiat work. The bid
shall be based on a fixed rate per linear/squate foot of in place concrete construc-
tion, as required, for a one year period.
The City estimates the monetary value of construction to be performed under this
contract at approximately $30,000.00. This is only an estimate of the probable
volume of work and the City makes no further representation regarding future
construction requirements for the term of the contract. Work will be ordered
and scheduled as approved and funded by the City Council.
The contractor shall furnish all materials, labor and equipment necessary for the
construction, in accordance wit), the City's specifications and scheduling for each
project. Unless otherwise stated herein, all materials, equipment and construction
methods shall conform to the Standard Specifications for Public Works Construction
as published by the North Central Texas Council of Governments.
BID AMOUNT:
24" curb and gutter $ /.3° Demolition and removal of
(per linear ft.) existing concrete:
4" deep sidewalk $ �5 curb and gutter $ .50
(per�Isquare ft.) (per linear ft.)
6" deep driveway $ �G �� 4" flat work $ �� -
(per square ft.) (per square ft.)
4" deep parking lot $ 4.6 /5 6" flat work ; oO
(per square ft.) (per square ft.)
6" deep alley $ '8� `�� Move-in time ne e-41.--
(per square ft.) ( days ARO )
6" deep street ; 'v 4/5
(per square ft.)
Bidder Name and Address:
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Authorised Signature: , 12'&791/4(1h7
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ISSUE
Several Bills are proposed in the House and in the Senate that Wylie may want our
legislators to pay particular attention to. Some may require active opposition; others we'd
very much like to see passed.
BACKGROUND
H.B.1253 - Evading Arrest: would increase the penalty for attempting to evade arrest and
would create a felony offense for anyone who causes bodily njury or death while attempting
to evade arrest in a vehicle. We would very much like to see this bill passed.
H.B. 1314 - Police Pursuits: Would only allow a police officer to engage in a high speed pursuit if
the officer believes that the perosn was engaged in committing a felony other than car theft or
unauthorized use of a motor vehicle. This Bill is very damaging to police departments because it
gives a motorist permission to run whenever an officer attempts to pull them over for traffic violations.
It tells the public that outrunning an officer is the way to avoid receiving a ticket because law prevents
an officer from chasing you.
H.B. 1122 - Records Management Gives the State Library recommending authority only to records
control schedules and extends the deadline for developing a records control schedule to January
1995. Right now the State Library has approval/denial authority and this will give such authority tc
the Council. You will recall that we were granted a one year extension until 1996 on development
of our records control schedule. Extending the requirement to 1999 will be of great benefit to cities
like ours with limited personnel and resources.
S.B.435 Elections: Would allow a voter to bring in a sample ballot prepared by another person intc
a polling place and clerks must make sure such ballots are not left inside the polling place
Currently, such information is not allowed. This bill(companion to H.B.544) gives too much room for
voters to be misled by inaccurate information. Clerks and Judges cannot be responsible for making
sure that the sample ballots brought in reflect what is really on the ballot. We oppose this bill.
H.B. 949 Elections: Would allow a city to cancel an election of councilmembers when no seat is
contested and declare the unapposed candidate the winner. This is logical only if the bill makes a
provision that it cannot be done until after the deadline for filing as a write-in candidate and only if no
write-in candidates have filed. Otherwise we are prohibiting write-in candidates.
H.B. 899 County Codes: Would authorize counties to adopt building, mechanical, plumbing, gas,
electric or fire codes. This bill will greatly assist cities by shifting enforcement in the ETJ from cities
to counties and by insuring that many of the same standards followed inside the city limits are
enforced in our ETJ as well.
S.B.395 Early Voting: provides that information on "who" has been mailed early ballots will not be
released for public inspection until the day after the election. This is a much needed bill. There is
too much room in early voting by mail for elderly, non-English speaking, handicapped, and
uneducated voters to be taken advantage of.
S.B.359 DWI: Would lower fro 0.1 to 0.05 the blood alcohol concentration level used in declaring
a person DWI. Obviously, this will enable more motorists to be charged with DWI since they only
need to be half as drunk. However, some cities consider it an increased burden on the Police. Staff
has no strong feeling on this bill but thought it warranted being called to Council's attention.
H.B. 832 Community Service: This will eliminate cities' liability in conection with the supervision
of defendants performing community service. This is much needed legislation. The likelihood of it
being passed "eliminating"is slim. It will probably be amended to "reduce"liability. Either way, we're
always in favor of reducing our liability and this bill will encourage courts to require more community
service as opposed to the dismissal and reduction of fines.
STAFF RECOMMENDATIONS
We will be bringing forward Tuesday night some additional bills that we've looked at. Council's action
on this item would be to instruct the City Manager to send correspondence to our legislators indicating
Council's support or opposition to these or any other bills that Council chooses to address.
ATTACHMENTS
TML Legislative Updates for past few weeks
1)Aiti /4-/
Submitted B Approved By
a i i i,
3VA
tp t Published by the Texas Municipal League
1821 Rutherford Lane. Suite 400, Austin, Texas 78754-5128 (512) Q
February 3, 1995
Number 5
HOUSE COMMITTEES APPOINTED
Texas House Speaker Pete Laney has named the chairs, vice chairs, and members of 36 House
committees. In 1993, the House had 31 committees. One of those committees was eliminated
by dividing its duties into two new committees, and four additional, new committees have
been formed. Thus. the House has six committees that didn't exist in 1993. They are:
Civil Practices -- «ill have jurisdiction over civil laws and procedures and
administrative law.
Financial Institutions -- will have jurisdiction over banks, savings and loans,
credit unions, and state and local bonds.
Juvenile Justice and Family Issues -- will have jurisdiction over juvenile crime
and family law.
Land and Resource Management -- will have jurisdiction over eminent domain.
annexation. :onin.,. and other governmental regulation of land use.
State Recreational Resources -- will have jurisdiction over state parks. hunting.
and fishing..
The members of key House committees are listed below:
Economic Development
Chair: Rene Oliveira (D-Brownsville)
Vice Chair: Ken Yarbrough (D-Houston)
Members: Yvonne Davis (D-Dallas)
Richard Raymond (D-Benavides)
Leticia Van de Putte (D-San Antonio)
Vilma Luna (D-Corpus Christi)
Nancy Moffat(R Southlake)
John Shields (R-San Antonio)
Burt Solomons (R-Ca rollton)
® Printed on recycled paper.
Environmental Regulation
Chair: Warren Chisum (D-Pampa)
Vice Chair: Mike Jackson (R-LaPorte)
Members: Ed Kuempel (R-Seguin)
Robert Saunders (D-LaGrange)
Dawnna Dukes (D-Austin)
Charlie Howard (R-Sugarland)
Mark Stiles (D-Beaumont)
Robert Talton (R-Pasadena)
Jerry Yost (R-Longview)
Juvenile Justice and Family Issues
Chair: Toby Goodman (R-Arlington)
Vice Chair: John Cook (D-Breckenridge)
Members: Eddie De La Garza (D-Edinburg)
Robert Puente (D-San Antonio)
Kevin Brady (R-The Woodlands)
Henry Cuellar (D-Laredo)
Elliott Naishtat (D-Austin)
Leticia Van de Putte (D-San Antonio)
Ric Williamson (R-Weatherford)
Land and Resource Management
Chair: Robert Saunders (D-LaGrange)
Vice Chair: Anna Mowery R-Fort Worth)
Members: Clyde Alexander D-Athens)
Harvey Hilderbran 1R-Kerrville)
Susan+Combs (R-Austin)
Peggy Hamnc (R-Houston)
Charlie Howard (R-Suearland)
Mike Krusee (R-Austin)
Bob Turner +D-Voss
Natural Resources
Chair: David Counts (D-Knox City)
Vice Chair: Jerry Yost (R-Longview)
Members: Ron Lewis (D-Mauriceville)
Mark Stiles (D-Beaumont)
Susan Combs (R Austin)
Tracy King (D-Uvalde)
Robert Puente (D-San Antonio)
Gary Walker (R-Plains)
Frank Corte (R-San Antonio)
2
Pensions and Investments
Chair: Barry Telford (D-DeKalb)
Vice Chair: Jerry Johnson (D-Nacogdoches)
Members: Kip Averitt (R-Waco)
Hugo Berlanga (D-Corpus Christi)
Pat Haggerty (R-El Paso)
Brian McCall (R-Plano)
Irma Rangel (D-Kingsville)
Doyle Willis (D-Fort Worth)
Ron Wilson (D-Houston)
State Affairs
Chair: Curtis Seidlits (D-Sherman)
Vice Chair: Sylvester Turner (D-Houston)
Members: Bill Carter (R-Haltom City)
Tom Craddick (R-Midland)
Debra Danburg (D-Houston)
Paul Hilbert (I--Spring)
Delwin Jones R-Lubbock)
Steve \`olens ,D-Dallas)
Leo Alvarado (D-San Antonio)
Layton Black (D-Goldthwaite)
Fred Bosse (D-Houston)
Scott Hochberg (D-Houston)
Bob Hunter (R-Abilene)
Brian McCall (R-Plano)
Tom Ramsay (D-Mount Vernon)
Urban Affairs
Chair: Fred Hill R-R:hardson)
Vice Chair: Karvne Jones Conley (D-San Antonio)
Members: Kevin Bailey (D-Houston)
Senfronia Thompson (D-Houston)
Dale Tillery (D-Dallas)
Diana Davila (D-Houston)
Harryette Ehrhardt (D-Dallas)
Beverly Woolley (R-Houston)
District 11 (the candidate who is elected to replace Elton
Bomer)
3
Ways and Means
Chair: Tom Craddick (R-Midland)
Vice Chair: Steve Wolens (R-Dallas)
Members: Charles Finnell (D-Holliday)
Steve Holzheauser (R-Victoria)
Jim Horn.(R-Denton)
Rene Oliveira (D-Brownsville)
Talmadge Heflin (R-Houston)
Todd Hunter (D-Corpus Christi)
Ken Marchant (R-Carrollton)
Allen Place (D-Gatesville)
Sylvia Romo (D-San Antonio)
The chairs and vice chairs of other city-related House committees are as follows:
Business and Industry: Chair - Kim Brimer (R-Kennedale)
Vice Chair - Kevin Brady (R-The Woodlands)
Criminal Jurisprudence: Chair - Allen Place (D-Gatesville)
Vice Chair - Robert Talton (R-Pasadena)
Elections: Chair - Debra Danburg (D-Houston)
Vice Chair - Jerry Madden (R-Richardson)
Financial Institutions: Chair - Ken Marchant (R-Carrollton)
Vice Chair - John Carona (R-Dallas)
Public Safety: Chair - Keith Oakley D-Terrell)
Vice Chair - Kevin Bailey. ,D-Houston,
Transportation: Chair - Clyde Alexander ,D-Athens)
Vice Chair - Fred Bosse ,D-Houston
CITY-RELATED BILLS FILED
H.B. 8 (Yost) -- Solid Waste Management Districts: would allow for the local. voter-
approved creation of solid waste management districts complete with authority to issue bonds
and levy a maintenance tax.
H.B. 10 (Yost) — Environment Code: would create a totally new Environment Code b'.
repealing and rewriting more than 25 current statutes, most in the Water Code or Health and
Safety Code.
H.B. 822 (A. Edwards) — Employment Discrimination: would prohibit discrimination in
employment based on a person's criminal history record.
H.B. 827 (Craddick) — Attorney's Fees: would exempt cities from the payment of
attorney's fees or other monetary payments in declaratory judgement actions.
4
H.B. 828 (Craddick) — Fireworks: would allow a county to regulate the sale, possession,
and use of fireworks in unincorporated areas.
H.B. 829 (Craddick) — Fireworks: would allow for a county election on the question of the
county prohibiting or otherwise regulating the sale, possession, and use of fireworks in
unincorporated areas.
H.B. 831 (Craddick) -- Marshals: would provide that in a Type A general law city: (1) a
marshal shall be elected for a two-year term; (2) the marshal shall not make arrests for traffic
violations outside the city boundaries; and (3) a marshal shall not serve a warrant for,
investigate, or make an arrest for an offense committed outside the municipal boundaries.
H.B. 832 (Craddick) -- Community Service: would eliminate the liability of a city or city
officer or employee in connection with the supervision of defendants performing community
service.
H.B. 835 (Craddick) — Speed Limits: would provide that if a motorist exceeds the posted
speed limit but doesn't exceed the maximum speed allowed by state law for the area in which
the offense occurred, the information regarding the offense is confidential.
H.B. 838 (Denny) -- Peace Officers: would provide that the Texas Natural Resource
Conservation Commission may commission peace officers to enforce the Water Code and the
Health and Safety Code.
H.B. 839 (Denny) -- Traffic Fine Revenue: would provide that each fiscal year a city may
retain from traffic fine revenue and from special expenses associated with such alleged
violations an amount equal to no more than 30 percent of the city's revenue for the preceding
fiscal year. (Note: the italicized language is not current Iaw.)
H.B. 840 (Denny) -- Traffic Fine Revenue: would provide that each city must provide to the
state treasurer annually a financial statement and a report indicating the amount of traffic fine
_nee retained by the cir.
H.B. 843 Alexander) -- Petroleum Storage Tanks: ',would increase the fee imposed on bulk
deliveries of petroleum products to increase the petroleum storage tank remediation fund.
unless that fund has an unobiiaated balance of at least S50 million, in which case the fee would
be temporarily eliminated. Companion bill is S.B. 396 by Sims.
H.B. 857 (Yost) -- Cost-Benefit Analyses: would require a cost-benefit analysis of proposed
environmental rules or legislation that would create an environmental rule.
H.B. 859 (Giddings) -- Public Improvement Districts (PID): would provide that a PID may
undertake the establishment or improvement of a sports or arts facility.
H.B. 861 (Swinford) — Agency Rules: would provide that a proposed state agency rule may
not take effect until the appropriate legislative committee holds hearings on the proposed rule.
H.B. 875 (Pickett) — Boards of Adjustment: would provide that: (a) a board of adjustment
may have more than five members, (b) the governing body must establish a procedure for
appointments to the board(s). and (c) each case before the board must be heard by at least 80
percent of the board members.
H.S. 882 (Giddings) — Change Orders: would allow for administrative approval of change
orders of up to $25,000 in municipal construction contracts.
5
H.B. 886 (Duncan) — Curfews: would allow a city to establish and operate a temporary
processing facility for juveniles taken into custody for violating a curfew.
H.B. 887 (Pickett) — False Alarms: would allow a city to impose a fee of no more than $50
on an alarm company that continues to service but does not repair an alarm that causes at least
five false alarms in a 12-month period, but would also prohibit the city from also imposing a
fine on the property owner.
H.B. 888 (Marchant) — Appraisal Roll Corrections: would provide that: (a) appraisal roll
corrections can be made only within three years (not within five years, as is current law) after
the tax year for which tax liability is affected. and (b) the claim of an error to be corrected
must be documented.
H.B. 899 (Yarbrough) -- County Codes: would authorize counties to adopt building,
mechanical, plumbing, gas, electric, or fire codes.
H.B. 916 (Seidlits) — Photographic Traffic Control: would allow a city to use an automatic
photographic system to identify and prosecute drivers who run red lights. Companion bill is
S.B. 317 by Armbrister.
H.B. 944 (Madden) -- Elections: would allow a municipal 'governing body to: (1) cancel an
election when the sole purpose of the election would be to elect members of the city's
governing body and no seat is contested. and (2) declare the unopposed candidate(s) the
w,vinner(s). This is a TML bill.
H.B. 949 (Hightower) -- Open Records: would provide that the open records act does not
appl\ to a person who is confined in a correctional facility. Companion bill is S.B. 388 by
Turner.
H.B. 957 (B. Turner) -- Takings: would provide :hat a governmental unit that adopts a rule.
rdinar;c_ Trder. or other policy related to rt e :mot :Ion must comrensate affected
:ando'a.ners if the rule. ordinance. order. or other poi ic•. adopted for the express purpose of
-educing property values.
H.B. 962 (Seidlits) — Trucking: would provide for the regulation of certain commercial
carrier by the Texas Department of Public Safety (DPS) and the Texas Department of
Transportation and would. among many other things. provide that: (a) a city may not require
registration of a tow truck that performs "consent' tows unless the owner of the tow truck has
a place of business inside the city: (b) a city may not require a license or permit for a tow
truck operator unless the person performs "non-consent" tows. in which case the license fee
may not exceed fifteen dollars: (c) DPS shall establish procedures under which cities over
10.000 in population may enforce rules relating to safe operation of commercial vehicles; and
(,d) municipal peace officers who enforce those safety rules should be certified by DPS.
Companion bill is S.B. 3 by Bivins.
H.B. 963 (Pickett) — Landfill Liners: would provide that the Texas Natural Resource
Conservation Commission (TNRCC) cannot require that a landfill be lined unless the
Commission finds that the liner will provide greater protection than the natural conditions.
H.B. 964 (Conley) — Solid Waste Tipping Fees: would repeal the current tipping fee and
would provide that the fee: (a) shall be no lower than the fee set for commercial disposal of
Class I non-hazardous industrial solid waste, and (b) can be raised by the TNRCC to match
spending levels set by the legislature.
6
H.B. 966 (Conley) -- TNRCC: would provide that TNRCC employees can issue field
citations for certain violations of the Water Code or Health and Safety Code.
H.B. 968 (Conley) -- TNRCC: would require the decentralization of certain TNRCC staff.
H.B. 986 (Holzheauser) -- Municipal Judges: would authorize municipal judges to perform
marriages.
H.B. 1000 (Danburg) -- Cruelty to Animals: would provide that an owner of an animal who
has mistreated the animal may be liable for the cost of impounding the animal and for other
related expenses.
H.B. 1001 (H. Cuellar) -- Colonias: would authorize certain counties to remedy colonia
conditions by: (a) regulating subdivisions, (b) imposing certain platting and service
requirements, (c) creating "distressed area tax increment zones," (d) abating taxes, and more.
S.B. 3 (Bivins) -- Trucking: this bill is the Senate companion of H.B. 962 by Seidlits.
(Please see description above.)
S.B. 341 (Armbrister) -- Indemnification: would provide that a construction contract
provision is void and unenforceable if it requires an architect or engineer to indemnify the
,'Y ner for damages caused by the owner. Companion bill is H.B. 691 by R. Lewis.
S.B. 343 (Wentworth) -- Assaults: would provide that an assault on a peace officer or jailer
third degree felony .
S.B. 345 (Brown) -- Tax Abatement: would continue the authorities granted in the Property
Redevelopment and Tax Abatement Act beyond September 1995.
S.B. 357 (Sibley) -- DWI Checkpoints: would authorize law enforcement agencies to
establish temporary sobriety checkpoints on a street or highway if certain procedures are
followed.
S.B. 359 (Sibley) -- DWI: .-did iov e from _= D.05 the blood alcohol •r ,
_se'd n defining -art::' :care; for pur-poses :he f ense of DWI
S.B. 388 !Turner) -- Open Records: This Pill is :he Senate companion of H.B. 949 b�
Hightower. Please see description above.
S.B. 389 (C. Harris) -- Underground Facilities: would, among many other things: i a;
create a statewide notification center: (b) require that all operators of underground facilities.
including cities, join the center and pay for fees to the center: (c) require excavators. including
cities. to notify the center before they begin to excavate: (d) require excavators to avoid
damage to underground facilities: (e) +require the center to notify any affected operator of
planned excavation in the operator's area: (f) require the operator to locate and mark the
operator's underground facilities; (g) establish penalties and fines -- with some of the revenue
going to cities -- for violating the bill's provisions; and (h) provide that the statewide
notification center will be governed by a board made up of 15 members, two of whom shall
represent cities. Companion bill is H.B. 620 by Carter.
S.B. 395 (Zaffirini) -- Early Voting: would provide that information relating to a person to
whom an early ballot was mailed will generally not be available for public inspection until the
day after election day.
7
S.B. 396 (Sims) — Petroleum Storage Tanks: this bill is the Senate companion of H.B.843
by Alexander. Please see description above.
S.B. 411 (Montford) -- Whistleblowers: would: (a) more clearly define the basis for
whistleblower claims; (b) provide that a whistleblower may not sue for exemplary damages;
. (c) limit a whistleblower's recovery to $250,000; (d) provide that the employer has an
affirmative defense if the employer would have taken the action against the employee that
forms the basis of the suit even if the employee had made no whistleblower report; (e) reduce
the period of time an employee has to bring a whistleblower suit; (f) provide that the suit must
be brought in the county in which the action giving rise to the suit occurred; (g) raise a
supervisor's personal liability from $1,000 to $5,000; and (h) provide that the city may not
pay a judgment against a supervisor. Companion bill is H.B. 175 by Hirschi.
S.B. 413 (Brown) -- Workers' Compensation: would provide that a volunteer emergency
services organization (including a volunteer firefighting organization) that is separate from a
political subdivision may obtain workers' compensation coverage for its volunteer members.
SELECTED COMMI'11'EE ACTIONS
S.B. 31 (Lucio), relating to frivolous lawsuits. Reported in substitute form from the Senate
Economic Development Committee.
S.B. 95 (West), relating to recall of elected officials in general law cities. Reported in
amended form from the Senate Intergovernmental Relations Committee.
S.B. 99 (West), relating to administrative approval of construction change orders. Reported
from the Senate Intergovernmental Relations Committee.
S.B. 124 (Mloncrief), relating to notification of stalking victims. Reported in substitute form
from the Senate Criminal Justice Committee.
S.B. 223 (Zaffirini), :elating notifying victims before the release of the accused. Reported
in substitute form from the Senate Criminal Justice Committee.
S.B. 284 (Brown), reiat:ng to police liability relative to family violence. Reported in
substitute form from the Senate Criminal Justice Committee.
S.B. 299 (Ellis), relating to the validation of municipal acts. Reported in amended form from
the Senate Intergovernmental Relations Committee. This is a TML bill.
S.B. 319 (Armbrister), relating to the recodification of the Public Utility Regulatory Act.
Reported from the Senate State Affairs Committee.
SELECTED FLOOR ACTIONS
S.B. 19 (Whitmire), relating to a delay in the vehicle emissions testing program. Passed the
House in amended form. (The Senate concurred in the House .) Note: this NI
has been signed by the Governor and took effect on January 31, 1995.
S.B. 31 (Lucio), relating to frivolous lawsuits. Passed the Senate.
S.B. 284 (Brown), relating to police liability relative to family-violence. Passed the Senate.
8
Thursday, February 2. 1995 Zile Oalias-,Aorning,Trios
House 01(s limit on CHOWYOTE TEx ms
D
unfunded rriarida.tes 23 YES ■NO 2 NOT VOTING
HOUSE
Associated Press bers from serving more than six.That
WASHINGTON — House Republi- would allow 12 years of service in DEMOCRATS
cans took a big step forward on their each chamber. :(en Bentsen Gene Greer
"Contract With America" agenda The House JudiciaryCommittee ad- Eeaie z John errant S Hsu
g �Jim ChaCman � Cdie B.Jonrs;,n
Wednesday, pushing through a bill vanced Republican efforts to rewrite 9 Ronald Cciernan 2 Greg Laughlin
restricting the federal governments last year's anti-crime law,approving a E Loyd Doggett E Sheila Jackson Lee
ability to impose unfunded mandates measure that would spend S10.5 bil- zE Chet Edwards Solomon Ortiz
on the states. lion on prison construction, S25 bll- Martin Frost S Charles Stenhoim
El Kika de to Garza Z Frank Tejeda
Negotiations to settle minor differ- lion more than in the 1994 law, but o Pete Geren 3 Charles Wilson
ences between the House and Senate limit funding to states that are crack- E Henry B.Gonzalez
versions of the measure and final ing down on violent criminals.
votes in both chambers were the only Passage of the mandates bill, said REPUBLICANS
remaining obstacles to getting the L'n- Majority Leader Dick Armey.R-Irving, s Bat arcrer S Tom DeLav
funded Mandates Reform Act to Presi- "shows that we are on schedule" in E Dick arrrey E Jack Fields
dent Clinton's desk the drive to vote on contract items in s'oe 3artcr Sam chnscn
The bill,which would require Con- 100 days. "We clearly are demonstrat- s ar jy orr,ua E Lamar StocSmitkman
8.arty Ccr;xs; �Steve Stocxman
ess to pay for many of the programs ing our ability to make a big change." s'Milian,Tr;anoer:y
it imposes on states and local govern- The Senate version of the unfund-
ments, was approved 360-74 after eight ed-mandates legislation passed Friday, i
days of debate in the House.There was 86-10, and the two chambers were ex- 77ie Dan Newt
applause on the floor when the vote pected to resolve their differences the federal government in the future
was announced. quickly. must pay for many programs that cost
All 230 Republicans in the House Mr. Clinton has indicated his sup- states and lrxcallties more than 150
voted for the bill,along with 130 Dem- port for the mandates bill. million. Federal agencies would have
;.:rats.Voting against it were-3 Demo- It would be the second major piece to provide cost-benefit analyses for
.:rats and the chambers sole i.,:-depen_ of legislation ;nc ocded in the "Con- new regulations costing local govern-
aeat. Re;. Bernard Sanders of pact With America' tc become law. In ments and the private sector more
- ermoa_ January. Mr Canton signed a bill than s100 million_
Rep. William Clinger. R-Pa., the making members f Congress abide The mandates requirement could
manager of the bill, said it would be- by the same empioyment laws that be waived by a majority vote, and
gin historic changes in the way the private employers must obey. exemptions are made for laws con-
federal government does business. The nation's governors and mayors � $the national security,protect-
-This
bill will restore state and have pushed hard for unfunded-man-
ing constitutional and civil rights and
rocai governments to their roe places dates legislation- arguing that they
as partners in our federal system," he must spend billions of dollars every sntidisQimination
rt
said. year for Medicaid.environmental and The unfunded-mandates act is a
As supporters of unfunded niiiir, safety regulations and other programs sister bill to the balanced-budget
dates were hailing its passage,backers imposed by but not financed by Wash- amendment in the Republican efforr
of a balanced-budget amendment to ington. to make the federal government
the Constitution were arguing for that House Speaker New*- Gingrich, R smaller and more fiscally responsible
measure during a third day of debate Ga.,said the bill was a"very big step" Governors have urged Congress to
in the Senate. toward preventing Congress from bur- Pass the mandates bill first to allay
At the same time,a Senate indida- dening 1gcal governments with costly fears that the costs Of Wm:* the
ry subcommittee became the mat pan- regulations in the future. He said he budget by a002 will not be passed en to
el to approve a proposed tonal hopes to pair this with a "Correction the states-
amendment to impose term limes on Day,"which he touted as a way fie the Tits beimiced-budget amaadiment
members of Congress. House tape's legislation once a week passed tot Rouse last week andir>.ow
On a party-lie vole of 53,the GOP- that repealed the "mast destructive is the Senate,which is adding to kr a
controlled panel appsoved a nesastae and Lest effective regulation" al- long debate and a tough fight for the
to bar sonatas-Buil serving more ready in.effect twc.thir ss majority needed for pets-
than two full terms and House anon- Under the bill passed Wednesday, sage.
9
Senator's bills seek sobriety checkpoints,'
other steps to stop state's drunken drivers
DALLAS MORNING N..
Anemia?fcss JAN 3 1 8E5 from driving while drunk, Mr. Sib- people due to drunk drivers than
AUSTIN— A state senator intro- ley said. we --e guns." he said.
duced 'egislation Monday aimed at "We hope that we can stress up- List year. the Texas Court of
stepping up the war against drunk- on young people the idea that we do Criminal Appeals struck down so-
en driving, including a bill to au- not want them drinking and driv- briery checkpoints operated by
thcrize "sobriety checkpoints" on ing," he said. some local police departments. Mr.
Texas streets and highways. Mr. Sibley's proposals drew sup- Sibley said the court ruled that
Sen. David Sibley, R-Waco, said port from several law enforcement there were no statewide administra-
such police checkpoints are prov- officers and the group Mothers tive rules for the tactic but that his
tag an effective weapon in other Against Drunk Driving. bill would solve that problem. He
states in convincing motorists to According to the Department of said 38 other states use the check-
stay sober or stay off the road. Public Safety,1.219 Texans died and points.
"Fear of arrest is the most effec- 33,203 were injured in 1993 because
tive deterrent to drunk driving. Re- of drunken driving accidents. Under his bill, a temporary
search has shown that sobriety Senior Sgt.Sam Cox of the Austin checkpoint could be established by
checkpoints are the best way to Police Department said:ha:officers state troopers. sheriffs' deputies or
coy police on a street or highway to
ake oole aware of the risk of who see the ca-nage drunker: driv-
e
arrest. Sibley said. ers cause are e,-,' usiastic about so-
determine waetb=r motorists are
:c:ae. bill would lower the briery checkpoints. driving while intoxicated.
..
..=., a: which a Texan would be "We don't have to put up with Mr. Sibley's bill sets up proce
considered legally drunk, from a the unnecessary death.A lot of peo- dures to be used at such check-
0.10 percent blood-alcohol concea- pie still have the idea that traffic points,which would have to be pub
.rot:on to 0.05 percent. collisions involy''ing death isa so-
ltc:zed is advance.
The lawmaker •also proposed a c:ally accepted homicide." SS.. Cox "I'm not out to put more people
ew legal li it of 0.02 percent for said. a�� jail. My ._ s to get people to
hose ,...der _ .That measure would But I'm here to :edead f:
it you . modi:. . the:: be'-avior. We dot:'t
provice.a variety of pur.ishmenIs— is dead. whether you're ki::ed by a wan: people while
d .atcx:-
_...^g away r:vers .senses ..70G-p ..un au.oWooi or whether Mr sa:d. -We've ..:
-.ring service — . .: re sac,: y':t_ _ „_.:e:. We re I:ill a .-....'�_= -_.:o: ._ a
.._ ::sslace younger Texans ._ :he stale of Texas Kali Wore , : - �k�, .
�5 e=- _-..-. ...._ ____ OSatS.
UMW
6
1,
1;,
I
Published by the Texas Municipal League
Ar— ri, 1821 Rutherford Lane, Suite 400, Austin, Texas 78754-5128 (512)719-6300
February 10, 1995
Number 6
TML EXECUTIVE COMMITTEE AMENDS THE
LEAGUE'S LEGISLATIVE PROGRAM
The TML Executive Committee, meeting in Austin on February 6, voted to include among the
League's highest legislative priorities any bills that would limit the liability of cities or city
officers or employees. That means that the following bills, described in previous issues of the
TML Legislative Update, are now TML priority bills.
H.B. 166 (Corte): would provide that a claim may be brought against a city cr a city
employee, but not both.
S.B. 24 (Shapiro): would provide that: (a) an "officer" is an elected or appointed officer of
a governmental entity even if the officer isn't paid; (b) a person may sue a public entity or an
individual, but not both: and (c) a public servant's liability shall not exceed $100,000 if the
public servant is indemnified or insured for damages exceeding $100,000. (Companion bill is
H.B. 383 by Junell.)
The League will also actively support a number of additional "ton reform" bills relating to
venue, joint and several liability, frivolous suits, and other subjects.
The full TML Board, when it meets on March 31, will be asked to ratify the Executive
Committee's actions.
TML PRESIDENT MAX WELLS WILL
LEAD NLC POLICY GROUP
TML President Max Wells, Councilmember of Dallas, will serve as chairman of a special
work group drawn from the top leadership of the National League of Cities (NLC) to examine
and make recommendations on key national policy issues affecting municipal government.
Wells, a member of the NLC Board of Directors, will lead the eight-member Policy and
Legislative Committee composed of other members of the NLC Board. The group will hold
its first meeting in Washington in early March.
® Printed on recycled paper.
"We have recognized the need to coordinate the efforts of NLC's six policy committees when
dealing with broad policy issues, and also to identify and develop strategy on key issues
needing our immediate attention," said NLC President Carolyn Long Banks, Councilwoman-
at-Large of Atlanta.
"These responsibilities for Max Wells and his committee will be especially important in the
work of the National League of Cities this year in light of the rapid pace and momentous
implications of congressional action on major policy issues," Banks added.
"Max Wells brings a wealth of experience and valuable leadership skills to this effort. His
contributions to NLC include a keen perspective about what's at the heart of complex issues,
and also a knack for building collaboration and consensus among differing perspectives," she
said.
Topics that will come before the new committee this year are likely to include the impacts of a
balanced budget amendment, entitlement reform, regulatory reform, and issues arising from
proposals to restructure and reorganize entire federal agencies.
The Policy and Legislative Committee will help frame NLC positions on legislation involving
these issues and will help coordinate the actions of the NLC Board of Directors and the NLC
Policy Steering Committees in developing and considering policy options.
CITY-RELATED BILLS FILED
H.B. 1009 (Johnson) -- Workers' Compensation: would limit the liability of employers
relative to claims of discrimination based on workers' compensation claims.
H.B. 1010 (T. Hunter) -- Dental Care: would provide that a health care plan that provides
dental benefits may not deny or reduce benefits because a covered individual received dental
care from a "dentist of choice" rather than a "contracting provider." Companion bill is S.B.
430 by C. Harris.
H.B. 1012 (Romo) -- Open Records: would provide that certain information provided by a
vendor to a governmental entity is exempt from the open records law.
H.B. 1014 (Carona) — Police/Fire Salary: would provide that: (a) peace officers may work
overtime for "pre-planned special events;" (b) peace officers who are exempt under the federal
Fair Labor Standards Act (executive, administrative, and professional staff) are not entitled to
overtime compensation pay; and (c) a peace officer or fire fighter temporarily filling a higher
position is entitled to receive a salary within the salary range for that higher position, but not
necessarily the salary that had been paid to the person who vacated that position. This is a
TML bill.
H.B. 1015 (Seidlits) — Frivolous Lawsuits: would provide for an assessment of attorney's
fees and court costs against a person who brings a frivolous lawsuit. This bill_is identicaLio
S.B. 31 by Lucio, as it passed the Senate.
H.B. 1027 (Oliveira) — Unemployment: would provide that to be eligidelarasempkiyment
compensation benefits a person must generally participate in "reempIoymeot does_' •
. gym
2
H.B. 1033 (Maxey) -- Health Insurance: would, among many other things, allow political
subdivisions to participate in the Texas Employees Uniform Group Insurance Benefits Program
administered by the Employees Retirement System of Texas.
H.B. 1036 (McCoulskey) -- Marshals: would allow a Type B general law city to eliminate
the position of town marshal and confer the marshal's duties on a municipal police officer.
This is a TML bill.
H.B. 1037 (Dukes) -- Graffiti: would provide that: (a) law enforcement records concerning
a child who has used a graffiti "tag" may be exchanged with other law enforcement agencies,
and (b) a child found guilty of applying graffiti shall be required to remedy the damaged
property by restoring or repainting it.
H.B. 1038 (Bailey) -- Construction Contracts: would provide that a municipal construction
contract cannot include a requirement that the contractor indemnify the city for damages
arising from the city's negligence.
H.B. 1039 (Bailey) -- Civil Service: would provide that in a city in which peace officers are
not covered by a civil service system that applies only to peace officers or to both peace
officers and fire fighters, the peace officers themselves may impose a civil service system on
the city.
H.B. 1041 (Madden) -- Homestead Exemption: would provide that an application for a
residence homestead exemption must be filed by October 1.
H.B. 1044 (Coleman) -- Historically Underutilized Business (HUB): would allow a city to
establish a program to increase the participation of HUBs in the city's contracts.
H.B. 1049 (B. Hunter) -- Civil Service: would provide that a city covered by Chapter 143 of
the Local Government Code (Fire/Police Civil Service) may create an alternate selection
system for filling beginning positions.
H.B. 1051 (Yarbrough) -- Sexually Oriented Business (SOB): would provide that an SOB
may not be granted an alcohol license or permit if it is within 5,000 feet of a residential
neighborhood. church, school, or similar facility.
H.B. 1057 (Janek) -- Health Care: would provide that a health care plan may not: (a)
prevent a covered individual from selecting the health care provider of choice, (b) deny a
provider the right to participate as a "contracting provider," (c) authorize any person to
"interfere" with the provider's treatment, (d) pay reduced benefits to a covered individual who
does not obtain treatment from a "contracting provider," and more.
H.B. 1069 (Dutton) -- Highways: would require that the Texas Department of Transportation
shall construct sound barrier walls along certain urban highways.
H.B. 1071 (Clemons) -- Civil Service: would provide that in a city covered by Chapter 143
of the Local Government Code (Fire/Police Civil Service) the extra points for military service
shall be eliminated for purposes of the entrance examination; vacancies shall be filled from a
list of names of all applicants who passed the entrance examination; and the chief executive
shall select from that list the best qualified person and may consider health, knowledge, and
race and gender as necessary to redress an imbalance in race and gender in the department.
H.B. 1076 M. West) — Paint and Glue: would allow a city to regulate by ordinance the
accessibility of certain glue and aerosol paint to business patrons.
3
H.B. 1083 (De la Garza) -- Enterprise Zones: would provide that an area with a history of
or a continuing problem with gang activities may be included in an enterprise zone.
H.B. 1084 (Goodman) -- Rabies: would provide that a city may require a veterinarian to
disclose rabies vaccine records and related information.
H.B. 1092 (Rodriguez) -- Drainage Utilities: would broaden the definition of the "benefitted
property" that can be made part of a municipal drainage utility system.
H.B. 1095 (T. Hunter) -- Tort Reform: this is a comprehensive tort reform bill that
improves current law with regard to venue, joint and several liability ("proportionate
responsibility"), and exemplary damages.
H.B. 1097 (Bosse) -- Texas Natural Resource Conservation Commission (TNRCC): would
provide that certain administrative hearings for the TNRCC will be done by the State Office of
Administrative Hearings.
H.B. 1104 (Yost) -- Water Districts: this is a massive rewrite of current law that would,
among many other things: (a) allow a district to commission peace officers; (b) allow a
district to create a fire department: and (c) provide that if a city wishes to annex a district, it
must give 4-5 years notice. during which time the district may not incur any new bonded
Indebtedness. expand, or extend new services.
H.B. 1116 (Puente) -- Comprehensive Plans: would create a new chapter in the Local
Government Code to provide that: (a) a city may (but is not required to) adopt a
comprehensive plan for the long-range development of the city, (b) a city may define the
content and design of the plan, (c) the plan may be used to coordinate and guide the city's
development regulations, and (d) the plan may be used in lieu of separately adopted land use
assumptions required for the adoption of impact fees. This is a TML bill.
H.B. 1119 (Oakley) -- Polygraph Examinations: would provide that: (a) a fire fighter or
peace officer may not be required to take a polygraph exam in an internal investigation unless
the complainant takes a polygraph exam and the results show no deception or are inconclusive;
b) a department head may order a polygraph exam if the circumstances are extraordinary and
are explained in writing to the fire fighter or peace officer; and (c) a department head may
order a polygraph exam for a fire fighter or peace officer in an investigation of internal
operations if the complainant is an employee of the department and there is prima facie
evidence that the complaint is valid.
H.B. 1122 (Telford) -- Records Management: would, among many other things: (a)
provide that the Local Government Records Committee of the Texas State Library and
Archives Commission may merely "comment on" (not "approve," as is current law) records
retention schedules and certain proposed rules; (b) provide that the Committee shall be made
up of ten individuals, two of whom will represent cities; and (c) extend from January 1995 to
January 1999 the date by which a local records management officer shall develop a records
control schedule.
H.B. 1127 (Hamric) -- Property Tax: would provide that a taxing unit generally may not
increase the property tax levied on the residence homestead of a person 65 years of age or
older.
4
H.B. 1144 (J. Harris) — Workers' Compensation: would provide that if a city provides
workers' compensation coverage for volunteer fire fighters and peace officers, then it must
also provide coverage for volunteer emergency medical personnel.
H.J.R. 64 (Hamric) -- Property Tax: would amend the Texas Constitution to allow the
Texas Legislature to "freeze" the property tax levied on the residence homestead of an elderly
person. (Please see H.B. 1127, above.)
S.B. 422 (Shapiro) -- Sales Tax Information: would provide that the State Comptroller
must, upon request, provide to a city information relating to the amount of sales tax paid by
each person doing business in the city; and would provide that such information received by a
city is confidential and not open to public inspection.
S.B. 425 (Madla) -- Solid Waste Tipping Fees: would repeal the current tipping fee and
would provide that the fee: (a) shall be no lower than the fee set for commercial disposal of
Class I non-hazardous industrial solid waste, and (b) can be raised by the TNRCC to match
spending levels set by the legislature. The companion bill is H.B. 965 by Conley. (Please
note that H.B. 965 was incorrectly reported as H.B. 964 in last week's Update.)
S.B. 426 (Madla) -- Solid Waste: would require the operator of a solid waste facility to
record by zip code the origin of any solid waste accepted and to report that information to the
state. The companion bill is H.B. 806 by Conley.
S.B. 430 (C. Harris) -- Dental Care: would provide that a health care plan that provides
dental benefits may not deny or. reduce benefits because a covered individual received dental
care from a "dentist of choice" rather than a "contracting provider." Companion bill is H.B.
1010 by T. Hunter.
S.B. 435 (Ellis) -- Elections: would eliminate the prohibition on a voter bringing sample
ballots prepared by another person into a polling place, and would require the election officer
to ensure that no such sample ballots are left in the polling place by a voter. Companion bill is
H.B. 544 by Danburg.
S.B. 439 (Wentworth) -- Additional Sales Tax: would provide that a city that is within the
boundaries of a transit authority but has not elected to participate in the authority may, with
voter approval, impose a one-half-cent sales tax for the purpose of reducing property taxes.
This is a MIL bill.
S.B. 445 (Luna) -- Open Vehicle Beds: would generally prohibit a person from operating an
open bed vehicle with a child younger than 18 in the open bed.
S.B. 462 (Ellis) -- Historically Underutilized Business (HUB): this bill is the Senate
Companion of H.B. 1044 by Coleman. Please see description above.
S.B. 480 (Armbrister) — Pipeline Safety: would provide that a city may not adopt or
enforce any safety/practices policies with regard to pipelines that are subject to state or federal
standards.
S.B. 483 (R. West) — Juvenile Records: would, among other things, provide that: (a)
juvenile justice records shall be open to law enforcement officers and, under some
circumstances, the press; (b) law enforcement officers may fingerprint and photograph any
child referred to juvenile court for a felony; and (c) a person's juvenile records may be
expunged after the person is 23 years of age.
5
S.B. 507 (Montford) — Curfews: would authorize a city with a juvenile curfew ordinance to
establish a detention center in which a violator could be held for the purpose of returning the
violator to a parent or guardian.
SELECTED COMMITTEE ACTIONS
S.B. 129 (Moncrief), relating to stalking. Reported in substitute form from the Senate
Criminal Justice Committee.
S.B. 260 (Leedom), relating to municipal drainage utilities. Reported in amended form from
the Senate Intergovernmental Relations Committee.
SELECTED FLOOR ACTIONS
S.B. 95 (West), relating to recall of elected officials in a general law city. Passed the Senate.
S.B. 99 (West), relating to construction project change orders. Passed the Senate.
S.B. 124 (Moncrief), relating to stalking. Passed the Senate as amended.
S.B. 129 (Moncrief), relating to stalking. Passed the Senate as amended.
S.B. 223 (Zaffirini), relating to notification before release of prisoners. Passed the Senate as
amended.
S.B. 319 (Armbrister), relating to a non-substantive recodification of the Public Utility
Regulatory Act. Passed the Senate.
Landowners find sympathetic
AUSTIN AMERICAN STATESMAN
members on House co 'ttee
tion is shared by cities—especially Aus-
By back
RALPHi K.M.HAURwrrz tin.Ion m Iona regarded by many lawmakers scaling
ers asgovernment regulation.
Amencar,sutaamsn staff FEB t) 4 ES5 . Bob
a liberal stepchild because of its aggres- Bullock alsoare sympathetic torge W. Bush and LL o such
When Texas House Speaker Pete sive environmental policies. concerns.
Laney appointed the nine members of the "I think it sends a pretty clear signal 'We are friendly with and work closely
newly created Land and Resource Man- that the House leadership wants some with most of the members of that corn-
agement Committee,he chose carefully. legislation coming out of there that deals mittee." said Bill Powers.legislative di-
After all. the panel has jurisdiction With property owners'issues."said Ken rector for the Texas Farm Bureau.which
over property rights,sure to be a hot is- Kramer.director of the Lone Star Chap- represents mrmers. ranebes and other
sue during the legislative session.In ad- ter of the Sierra Chuh rural iiteees a.
dition, the committee will oversee the Janet Warren.Laney's press secretary. The committee asesoines.amliehert
General Land Office and related agen- said the assignments to this commiltee Saundets.D-Is
cies,annexation policy.zoning and other and others were not designed to achieve
land-use regulation. a particular goal. 'There is no hidden StemekliembsoiNgimiThe committee's makeup suggests it meaning in the selection of eammb:teewill be be an ally of property rights advo- members.We would expect all legit limo=CemityrCipie Aip der. D-
cates and of rural and suburban resi- to get a fair hearing before the commit- Atoms PUg Bamric, R-Houston; Bob
dents who sometimes resent regions tee."she said Turner.D-Voss:and Charlie Howard,R-
imposed by n cities. Many suburbanites and rural rest- Sugar Land
Environmentalists regard the panel as i dents sense that the political climate is Eight of the nine sided with environ-
a ply arena.That trepida.j ripe for expanding property rights and mentalists three or fewer times out of 16
6
votes analyzed by the Sierra Club during Environmentalists view Saunders a closelymonitored by the Texas mutLu.-
the last legislative session. Howard is perhaps their best friend on the paneLAl• pal League, which represents cities.
serving his first term. though he received low marks from the Frank Sturzl. the league's executive di-
What is perhaps worse from Austin's Sierra Club for his voting record during rector,said he was concerned that the fo-
point of view, the Central Texas mem the 1993 session, Saunders sponsored cus in the property debate is on securing
bens of the panel — Saunders, Combs, several bills for environmentalists dui- rights of landowners who want to devel-
Krusee and Hilderbran — are by no mg 1991 session and was a proponent op. By the same token, he said, other
means staunch defenders of Austin's wa of efforts to clean up the Colorado Rives landowners need to be protected against
ter-quality rules and other development in the mid-198Qs objectionable developments, such as a
regulations. Indeed. Combs has intro- Saunders said he counts himself as a pig farm next to houses.
duced a bill that city officials, environ- supporter of the property rights move= "It's going to be extremely difficult to
mentalists and planners regard as ment He is also sympathetic to residents hit with a rifle shot the perceived abuses
anathema. The measure would require of extraterritorial jurisdictions whC without catching in the crossfire those
approval of residents of an outlying area want the right to vote in city elections. exis
tg authorities that protect private
before Austin could annex it property values and private property
The committee's deliberations will be
rights,like zoning,"he said.
Mayors urge
juvenile crackdown
FEB
F .'w—�.T' S'Arm,EL!ORAu
�\'JOHNL,ONZaLEZ
F. w ann Sur•Targram auuin Burcau control. law enforcement and
AUSTIN—A group of big-city crime prevention,than we were in
Texas mayors.including Arlington the previous session."Greene said.
Mayor Richard Greene. met pri- "Governor Bush is very much that they are opposedleaning
vately with Gov. George W. Bush committed to the idea that we've that way.Dallas Mayor Stee Bar-
yesterday and encouraged him to got to provide more resources in tlett said he's undecided but be-
toughen laws against juvenile de- order to deal with juvenile offend-
linquency. ers."Greene said. lieves that the "right-to-carry"
Mayors United on Safety,Crime "Once we know there's a place measure would not worsen crime.
and Law Enforcement, or MUS- where juvenile offenders can bein- Greene. without stating that he
Cl..E. urged Bush to expand cor- carcerated,then we will be able to personally opposes the "right-to-
rectional facilities and programs move forward on the other-initia- carry"measure,said he's mindful
for youths. incrratr penalties on rives that we have suggested in the of Arlington Police Chief David
gang violence and improve access area of juvenile records and the Kunkle's opposition.
to juvenile arrest records. The reduction in the possession of "In Arlington, our police chief
group also called for a reduction in handguns by juveniles," Greene doesn't know of'any advantage to
illegal gun possession by juveniles. added. increasing the number of guns by
"When the governor of Texas is The eight-member -group of residents of our community, and
saying, along with the mayors of' mayors said it will not take a stand he great reservations about the
the largest cities in Texas.that ju- on another issue pending in the advent of that possibility,"Greene
venile crime has to be a concern of Legislature: the potential legaliza- said'
the Legislature,we believe the bill tion of carrying concealed hand- Austin's Todd San Antonio
will be passed and will be helpful to guns. However. as individuals, Mayor Nelson Wolff and Corpus
us." Austin Mayor Bruce Todd most of the mayors said they are Christi Mayor Mary Rhodes said
said. opposed to the so-called"right-to- they oppose the handgun measure
Added Greene, "I am very en- carry"legislation. because of their police chiefs'op-
couraged by this meeting we had Two mayors who were absent. Position.
with Governor Bush." Kay Granger of Fort Worth and "There's a reason why most of
Greene said Bush's views on ju- Bob Lanier of Houston. have ex- our police chiefs have said'no'to
venile crime are compatible with pressed support of tighter gun con- that bill. They think it's danger-
the goals of the big-city mayors.He trols.Granger couldn't be reached ous."Toddsaid,
said the mayors group achieved for comment yesterday, but in
most of its agenda in the 1993 legis- 1993 she opposed a similar con- Bash, 4 dlater about:rite
lative session under former Gov. cealed-carry measure.Fort Worth gna7" DPPag+tro°wthehaa�tt
Ann Richards. and that this ses- Police Chief Thomas Windham, eats
sion seems more promising. initially an opponent, now favors � w�otid
"We are even more encouraged the concealed-handgun
that with Governor Bush we are pending in both the House and ntsgoing to make for a peaceful
going to achieve more of the things Senate, world,amore peaceful world.I just
that the people of our communities Four of the five mayors on hand• respectfully disagree" with the
'want done in the areas of crime —Greene included— indicated tnayors,Bush said.
7
"THESE ARE TEXAS VALUES"
Highlights from Gov. George W.Bush's first State of "If we are going co save a generation of
the State address: young people, our children must know they
will face bad consequences for bad behavior.
ON TEXAS: Sadly, too many youths are not getting that
"Our goal is to make Texas a beacon state message. Too many juveniles do not respect
—a state so unique, so different that people the law."
will say, 'That is where I want to live. That
is where I want to raise my family and ON WELFARE:
realize my dreams.' " "The present welfare system rewards
illegitimacy, diminishes the motivation to
"We have already shown the people of work and robs Texans of dignity and self-
Texas we are above partisanship. Both the worth. We must end dependency on
Senate and the House.are writing budgets government and liberate people to achieve
that respect Texans' call for no new taxes." their highest potential."
ON LAWSUIT REFORM: ON VALUES:
"Texans expect meaningful tort reform and "Our philosophy tells us that unfunded
will not tolerate piecemeal or watered- mandates at any level of government are
down changes. The scales of justice in bad public policy. Our philosophy tells us
Texas are out of balance. It is time to stand that strong families are the foundation for a
up and say, 'We object.' " successful society. These are not partisan
values, these are Texas values."
ON EDUCATION:
"As we tackle the question of how to ! ON GOVERNMENT:
govern our schools, I will be guided by an ' "you and I know that people have become
unshakable belief in the power of local cynical. It has happened partly because
control. To encourage innovation, co seek n
�ov_:nm�e t has tried to do too much. It has
excellence, we must free local teachers, also happened because people run for office
parents and administrators to design schools saying one thing and then do another. I
which fit their communities' needs." intend to keep my word."
SOURCE:Assoaated Prtss
The Dallas Lonunt News
(---. ,. ., ..
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: r z
It,: .E,. r
1-' Published by the Texas Municipal League
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t 1821 Rutherford Lane. Suite 400. Austin,Texas 78754-5128 (512)719-6300
February 17, 1995
Number 7
CONGRESS PASSES MANDATE RELIEF MEASURE
In a major victory for the nation's cities, both the U.S. Senate and U.S. House have approved
legislation designed to end new unfunded federal mandates. Both bills were passed by large,
bipartisan margins of support.
The Senate bill, S. 1, passed January 27 on a vote of 86-10. The House bill, H.R. 5. passed
February 1 on a vote of 360-74.
Now that floor action has been completed on the Senate and House bills, a conference
committee is expected to begin meeting within the next several weeks to reconcile remaining
differences in the legislation.
Following conference and final approval in the Senate and House, a bill will be sent to the
President for his signature. The President has stated his support for the legislation. but has not
endorsed the bills.
While the Senate and House bills were developed with close cooperation between the sponsors
and are virtually identical, some differences do exist in the areas of judicial review, the
technical process for enforcing the bill, and the effective date.
Both S. 1 and H.R. 5 are designed to require Congress to either: (1) provide dedicated
funding for any new mandate estimated to cost over S50 million annually to state and local
governments; or (2) provide that the mandate will be scaled back if partial funding is provided;
or (3) provide that the mandate expires if adequate funding is not provided.
The bills are prospective, and include exclusions for legislation that enforces constitutional
rights or statutory rights that prohibit discrimination on the basis of race, color, religion, sex,
national origin, age, handicap, or disability.
However, the Senate and House sponsors of the bills were able to defeat a long series of
weakening amendments that would have expanded these exemptions to cover labor laws,
environmental laws, and "public health laws." In addition, amendments were defeated to
sunset the protections provided under the legislation.
® Printed on recycled paper.
Final action on S. 1 and H.R. 5 came after a long series of debates and votes on the respective
floors. S. 1 was the subject of 10 days of debate in the Senate, and H.R. 5 was on the House
floor for eight days.
(Adapted from an article printed in "U.S. Mayor, " a publication of the U.S. Conference of
Mayors.)
TRAFFIC FINE REVENUE TARGETED
In 1989, the Texas Legislature passed a bill that provides that a city may retain from fines
collected for violations of state highway laws no more than an amount equal to thirty percent
of the city's revenue for the preceding year from all sources other than federal funds and bond
proceeds. (That legislation is now codified in Section 144(b) of Article 6701d, V.T.C.S.)
The law further provides that after a city has retained that amount, the city shall send to the
state treasurer any portion of any traffic fine that exceeds one dollar.
In other words, if a city's revenue this year is $1,000,000 (excluding federal funds and bond
proceeds), next year it may retain no more than $300,000 from traffic fine revenue.
This 1989 legislation was designed to address what some members of the legislature perceived
to be so-called "speed traps;" that is, cities that derive most of their revenue from the
enforcement of traffic laws on state or federal highways that go through those cities.
H.B. 266 and H.B. 839, both currently pending in the Texas Legislature, would amend the
current law to provide that a city may retain from traffic fines and from special expenses
assessed for deferred adjudication of traffic offenses an amount equal to no more than thirty
percent of the city's revenue for the preceding year.
This means that cities that rely heavily on traffic fines or special expenses for deferred
adjudication of traffic offenses will reach the 30-percent "threshold" more quickly.
If your city will be affected by these bills, please contact Dottie Palumbo at TNIL (512)
719-6300.
CITY-RELATED BILLS FILED
H.B. 1156 (S. Thompson) -- Collective Bargaining: would allow the state and political
subdivisions to enter into collective bargaining contracts with labor organizations, but only
regarding the use of compensatory time.
H.B. 1164 (De la Garza) — Nuisances: would define as a common nuisance any place to
which persons habitually go to discharge firearms in violation of the Penal Code.
H.B. 1178 (S. Thompson) — Sealed Proposals: would provide that a city may enter into a
contract to purchase insurance without a competitive bid if the contract is for less than
$15,000, and would allow a city to use the competitive sealed bid proposal procedure for the
purchase of insurance.
H.B. 1179 (S. Thompson) — Juvenile Records: would provide that the records, fingerprints,
and photographs of a juvenile found guilty of a felony shall be transferred to the Texas
Department of Public Safety and then may be disseminated to law enforcement agencies.
2
H.B. 1181 (S. Turner) -- Civil Service: would provide that in cities covered by Chapter 143
of the Local Government Code (fire/police civil service), peace officers may, through a
petition and election procedure, recommend an alternate promotion system to the civil service
commission.
H.B. 1211 (McDonald) -- Health Insurance: would provide that a health insurance program
generally may not deny coverage to an insured person's child.
H.B. 1212 (Jackson) -- Motor Carriers: would provide that only peace officers in a city of
25,000 population or more in Harris County may detain motor carriers.
H.B. 1215 (June11) -- Investments: would require each city to have an investment "strategy"
and to prepare monthly investment reports.
H.B. 1218 (Gray) -- Texas Historical Commission (THC): would, among other things,
provide that anyone undertaking a project that could affect an archeological site on public
property must notify the THC, which shall determine if any action is needed to protect the
site. Companion bill is S.B. 365 by Moncrief.
H.B. 1232 (R. Lewis) -- Nonpoint Source Pollution: would provide that the Texas Natural
Resource Conservation Commission (TNRCC) shall not adopt any regulations to address
nonpoint source pollution. stormwater discharges, wet weather water quality standards, or
control of sanitary sewer overflows that exceed applicable federal laws, regulations, or
standards. This is a TML bill.
H.B. 12 (J. Nixon) -- Evading Arrest: would increase the penalty for attempting to evade
aNest in a vehicle and would create the new offense (a first degree felony) of causing bodily
injury or death while attempting_ to evade arrest in a vehicle.
H.B. 1256 (Conley) -- TNRCC Permits: would authorize the TNRCC Executive Director to
issue uncontested permits without Commission action.
H.B. 1258 (Conley) -- Scrap Tires: would prohibit the disposal of tires or shredded tires in a
landfill and would require the TNRCC to establish a program to develop markets for recycled
shredded scrap tires.
H.B. 1262 (Tillery) -- Civil Service: would impose Chapter 143 of the Local Government
Code (fire/police civil service) on all cities over 10.000 population without a vote of the
people.
H.B. 1281 (Duncan) -- Cable TV: would allow a general law city to own and/or operate a
cable TV system. This is a TML bill.
.B. 1314 utton — Police Pursuits: would provide that a peace officer may pursue a
�\b�,L motor vehicle at high speed only if the officer believes that the pursuit is necessary
to arrest a person engaged in committing a felony other than car theft or unauthorized use of a
motor vehicle.
H.B. 132.9 (Goolsby) -- Alcohol Licenses: would provide that an alcoholic beverage license
may not be cancelled for the licensee's failure to pay a local fee.
H.B. 1339 (Uher) — Plumbing Inspectors: would amend the Plumbing License Law to
provide that: (1) the qualification and examination requirements for plumbing inspectors will
3
be limited to requirements that the inspector is a high school graduate or the holder of a
G.E.D. and has passed an examination administered either by the Texas State Board of
Plumbing Examiners, one of the four entities that sponsor the plumbing codes adopted by the
Board under 5B of the Act, or by the successor of the Board or one of the four entities; and (2)
a plumbing inspector's license could be renewed by an applicant who has obtained six hours of
continuing education units through a course administered by one of the foregoing entities or an
authorized organization. This is a TML bill.
H.B. 1342 (Yarbrough) -- Sexually Oriented Businesses: would provide that: (a) an
establishment that exhibits nudity and that allows possession and consumption of alcohol must
obtain an "exhibitor's permit;" and (b) such an establishment may not be sited within 3,000
feet of a church, school. day care center, or other such facility.
H.J.R. 68 (Haverty) -- Property Tax Exemption: would amend the Texas Constitution to
increase the property tax exemption for disabled veterans.
S.B. 365 (Moncrief) -- Texas Historical Commission: this bill is the Senate companion of
H.B. 1218 by Gray. (Please see descriptionabove.)
S.B. 366 (Armbrister) -- Records Management:wouldamhe among
manyexas Stater things:
gLibrary and
provide that the Local Government Records Committeeof
Archives Commission may merely "comment on" (not "approve." as is current law) records
retention schedules and certain proposed rules: (b) provide that the Committee shall be made
up of ten individuals, two of whom will represent cities: and (c) extend from January 1995 to
January 1999 the date by
whicishH.B. 1122by
llocal
records ent officer shall develop a records
control schedule. Companion
S.B. 408 (Montford) — Group Insurance: would, among many other things, allow cities to
participate in the Texas Employees Uniform Group Insurance Benefits Program.
S.B. 520 (Niontford)�� Texas o adoptianloDtiolneunder whent sch empem 1lo,Res:can�et�e after 20
orize
cities that are TMRS
years of service regardless of age.
S.B. 523 (Lucio) -- Unemployment Benefits: would provide that a person who works for a
city only on an on-call. as-needed basis is not eligible for unemployment benefits when that
person is not called to work by the city. This is a TML bill.
S.B. 536 (Rosson) -- Local Share Match: would authorize a state agency to waive, reduce,
delay, or otherwise provide relief from the local share requirements of state or federal grant
programs, for political subdivisions that meet certain criteria for relief.
S.B. 537 (Rosson) — State Match Pool: would establish a state match pool from which
political subditi meet certain criteria can obtain funds for the local share
requirements of a program offering federal matching funds. (Note: the bill does not identify
the source of the funds for the state match pool.)
S.B. 540 (Zaffirini) — Pregnant Municipal Employees: would provide that a city shall
make a reasonable effort to accommodate an employee
who isthat partially disaempbled
by canregnancy,
perform,
and shall assign the employee to a temporaryassignment
if such temporary work assignment is available.
S.B. 543 (J. Patterson) — Residency Requirements: would amend Section 150.021(c) of the
Local Government Code (authorizing cities to adopt standards prescribing the amount of time
4
respond to a civil
who resides outside the city must tor to the city
emergency)rg which a municipal employee not the speed limit comeand t obeying
withinan to provide rlss that the employee ttrraveling at theposted employee
all
within hour or less if the emp y
traffic regulations• that requires a plumber to
plumbic : would provide that a city q
have a bond J. order
erson) issueit shall also accept, instead of a bond, a certificate of
have a in order to be
insurance of at least $300,000. provide that if a police department
-- Abandoned Vehicles: would p notified by the storage department
S.B.es 't take J. anP abandonederson 31 days of being
facility
doesn't an vehicleg within dispose of the vehicle.
holding the vehicle, the storage facilitymay p general law city to eliminate the
S B 563 (Armbristerl "" Marshals: would allow a Type B
and confer the marshal's duties on a municipal police officer. This
position of town marshal .
is a TML bill- Companion bill is H_36 McCoulskev
by S.E. 573 J. Turner
-- Juvenile Justice: would, among many other things, allow a general
law city to adopt a juvenile curfew.
S.B. 574 J. Turner
-- Juvenile Justice:
would. among many other ile s,
e create "local
a
w.
child and family commissions" and allow a general law city to adopt a Juveni s, allow for the
S.B. 575 : iontford
-- Juvenile Justice: would, among thin many other g
sharing of juvenile crime information. CC
-- Texas Natural Resource Conservation applicationsCs tondiscT disclose :
S.B. 580 Armbristerny who reviews permit
e
would require any TNRCC employee
employee's affiliation with any lobbying entity.
SELECTED COMMITTEE ACTIONS
S B 25 (Lucia), relating to limiting
exemplary damages. Reported in substitute form from
the Senate Economic Development Committee. Reported in substitute form from the
briefer)
S.B. , relating to alternate fuels. Rep 200 (Arm
Senate State Affairs Committee.
S B 261 (L.eedom), relating to penalties imposed on delinquent municipal fines. Reported in
substitute form from the Senate Intergovernmental Relations Committee.
gave 262 Sha iro , relating to reports of child abuse. Reported in substitute form from the
SenateJurisprudence nu prudence Committee.
SELF TED FLUOR ACTION
es. Passed the Senate.
gag, 25 (I,ucio), relating to limiting exemplary damag
S.B. 264 (I-Odom), relating
to municipal drainage utilities. Amended and passed by the
Senate.
5
1,:
S.B. 299 (Ellis), relating
to validation of municipal acts. Amended and passed the Senate.
This is a TML bill.
ABOUT JUVENILE JUSTICE LEGISLATION
A NOTE
the 1995 legislative session, dozens of bills relating to the state's juvenile
Thus far during 1 e¢islative UDdate has reported on very few
justice system have been introduced. The the highlights s of the most comprehensive bills.
of them and will continue to describe only oppose anyprovisions
TML will, of course, closely monitor all juvenile ejustice slativellls and U dateWhowill vr, wil rport only
that may be harmful to Texas cities. Th
the juvenile justice bills that are reported from a committee.
b annexation
is bill seeks to ems'_________----_
I�av��makein on all sides is$ll per Pe
Citieswould need OK of area voters Sturzl said.The per capita state aid
By JOHN WILLIAMS for cities in Ohio is i94 and for cities
Houston Cbron Cte ulation each year in return for in New York it's $57, he said. In
merit that it is Eor the collective providingP the newly annexed land Texas, however, thC30^ said•
AUSTINnexproperty—The are under of citiesto the balance Yost ofsa power. sbackein line."
policeYost and others erson,count Sturzlr that such
to withand fire annexedn and Tex cities is 52.7 per
n attack byo the of other services.
annex which was debated
conservative state legislators who Yost'sdabefore the House Land & The broad annexation powers have annexation
is representation"y "taxatione the
say individual rights have yeen in- Tueday
fr
ty
minged upon by land hungry Texas Resourcepo Management Committee, allowed Houston tob continueoe grow-
ls opposed by the city of °and most sales tax taxnrevenues eto its general do not have residents hthere taken into a right to approve t
municipalities.led Texas Municipal Leaguesand ax re Bob Lanier, first.on
it
State Rep. Jerry Yost,that woug Houston has performedMyorstrategic er, Yost said he can understand the
view, has Texassd ta bill from annexingwxuld Texas If the bill passes,annexation could
landndibit hrcities nexati ha to tpbring
ri geins small portionsn need d,-orhisiesito oaexpand
xpa datreir tax
approvalr from Texasxaiciti be couldbrduact toh a halt,and of area hoed-
without voter rt tax flues—such as Willowbrook Mall in dum only if the proposed
as eastern cities whose property rortn Harris County. more than 50 residents.That would
en-
the residents inside the desired re- cities face the same fateallow a city to annex asales-tax-rich
grin. base crumbled, said Frank Sturzl,
Yost, who is receiving rur voters.supportt rat zi tolde l committeet anne allow a cy t said ex salesut yr ch
them subsrpan and rural said executive director of the Texas Mu- Sturzl taus n annexation
membershepart
e of a strategyre'sCo devel- ni League. powers allow them to seek new tax approval,
the Coalition,is "This is bad public policy;'Sturzl
er
the Legislature's tion de a- bases as development grows outside Sturzl and Yost to said they believe
aped bycity limos. Texas cities don't seek mice bille may
lead
cities'pan-
uve an orgizatiorodedy toldhi battlely committeeissive the states much state assistance. powers without an-
"Property to opereserviht privateP relatively whi permissive wsive annexationide The state aid for cities in Michigan nex them tion wit
rights. which allow Texas cities to _including Detroit,which is locked ing
handcuff-
saultedintt rights are being argu-as- laws, to 5 percent of their total
ely.
in this state under the urine: up
For further .y, contactthe T 2 = - - �- —
.En Kennard
ISSUE
Consider Approval of a Purchase off the Houston-Galveston Area Coop for purchase of a 65 foot Emergency I
Quint.
BACKGROUND
The Fire Department does not have the ability to respond effectively to structure fires in buildings over 30 feet in
height. They are limited in performance of roof ventilation, setting up of aerial master streams, and when Engine I
is out of service, they are without sufficient backup and are required to use Booster I. Presently, Booster II, the 1978
vehicle, is being taken out of service for repairs and it is questionable whether the City will continue to invest in its
repairs.
The new truck will be a 1995 Freightliner four door with a 65 foot snorkel ladder. It has a compressed air foam
system with a 60 gallon foam storage capacity, a 500 gallon water tank, and a 1000 gallon per minute waterway on
the ladder. The truck has a GVW of 44,000 pounds, a 1500 GPM pump, and will seat up to five people.
This vehicle will be the feature vehicle for emergency vehicles at the 1995 TML Conference in Dallas.
FINANCIAL CONSIDERATIONS
While we'll be taking delivery of the vehicle in October of 1995 the first payment becomes due October 1996. This
vehicle is being funded by what we estimate to be a $40,000 reduction in our annual debt.
In the enclosed specifications (red folder) on page two is a lease quotation. This quote provides for payments of
46,025.60 annually at a 7.19% interest rate for a period of ten years. We will bet checking with local banks regarding
funding alternatives and will most likely be recommending a lease similar to the $400,000 equipment note we two
out two years ago.
STAFF RECOMMENDATIONS
Staff is recommending approval of the authorization request to purchase 65 foot quint off the HGAC contract.
ATTACHMENTS
Specifications and Lease Quote
Submitted By Approved By