2015 resolutions submitted to committee

RESOLUTIONS SUBMITTED

TO THE

TEXAS MUNICIPAL LEAGUE

RESOLUTIONS COMMITTEE

September 22, 2015

San Antonio, Texas

CONTENTS

Committee Members .....................................................................................................................1

2015 TML Legislative Policy Development Process ..................................................................3

City of Cedar Park Resolutions ....................................................................................................7

1. Certification of Tax Rolls ....................................................................................................7

2. Videoconferencing ...............................................................................................................9

City of El Paso Resolutions .........................................................................................................11

3. Military Value ....................................................................................................................11

4. Revenue Cap ......................................................................................................................14

City of Jonestown Resolution ......................................................................................................17

5. Land Purchases ..................................................................................................................17

City of Keene Resolution .............................................................................................................20

6. Public Information Act ......................................................................................................20

City of Meadows Place Resolution .............................................................................................23

7. Website Postings ................................................................................................................23

City of Plano Resolutions ............................................................................................................25

8. City Council Appointees ....................................................................................................25

9. Economic Development .....................................................................................................27

City of Seabrook Resolution .......................................................................................................29

10. State Designated Evacuation Route Funding .....................................................................29

City of Sugar Land Resolution ...................................................................................................32

11. Hike and Bike Trails ..........................................................................................................32

Cities of Deer Park, La Porte, Morgan’s Point, Nassau Bay, Seabrook, and Taylor Lake

Village Resolution ........................................................................................................................36

12. Coastal Barrier System ......................................................................................................36

Texas Chapter of the American Planning Association Resolution ..........................................39

13. Annexation .........................................................................................................................39

Texas Fire Chiefs Association Resolution ..................................................................................41

14. Texas Commission on Fire Protection ...............................................................................41

Texas Municipal Library Directors Association Resolutions ..................................................44

15. TexShare ............................................................................................................................44

16. Workforce and Economic Development Support ..............................................................46

17. Federal Library Funds ........................................................................................................48

18. Broadband Access ..............................................................................................................50

19. Public Spaces .....................................................................................................................52

20. Unfunded Mandates ...........................................................................................................54

1

Texas Municipal League

2015 Resolutions Committee

Membership

Chair: C.J. Wax, Mayor, Rockport

Vice Chair: Dock Jackson, Councilmember, Bastrop

David Averitt, Mayor, Haltom City

Frankie Bates, Councilmember, Shiner

Ida Beck, City Commissioner, Carthage

Jimmy Bennett, Councilmember, Arlington

Nancy Berry, Mayor, College Station

Clifford Blackwell, Director of Administrative Services, Bedford

Jim Braswell, Mayor, Gun Barrel City

John Chancellor, Police Chief, Shenandoah

Randy Childers, Building Official, Waco

Dave Claunch, Mayor, West Lake Hills

Julie Couch, City Manager, Fairview

Mary Dennis, Mayor, Live Oak

Waynette Ditto, Library Director, Hewitt

Lyle Dresher, Town Administrator, Westover Hills

Brenda Eivens, City Manager, Cedar Park

Wendy Ellis, City Manager, Palestine

Judy Freeman Chambers, Councilmember, Mexia

Jim Gerlt, Mayor Pro Tem, Lubbock

Jack Graham, Mayor, Graham

Larry Green, Councilmember, Houston

Bryan Grimes, City Manager, Ballinger

Daniel Guerrero, Mayor, San Marcos

Luanne Hanford, Director of Human Resources, University Park

Paul Harpole, Mayor, Amarillo

David Harris, Director of Utilities, Brownwood

Ambrosio "Amos" Hernandez, Mayor, Pharr

Mike Herndon, Mayor, Anson

Nin Hulett, Mayor, Granbury

Charles Kelly, Mayor, Perryton

Pamela Kirkland, Purchasing Manager, Richardson

Larry Casto, Director of Legislative Affairs, Dallas

Joe Krier, Councilmember, San Antonio

Rhonda Kuehn, Court Administrator, Brenham

Mike Lester, Director of Health, Baytown

Lydia Lopez, City Secretary, Hewitt

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John B. Love, III, Councilmember, Midland

Diana Martinez, Mayor, Alamo

Roy McDonald, Mayor, West Orange

Brian McDougal, City Manager, Port Arthur

Colleen McIntyre, Councilmember, Corpus Christi

Tracy Norr, City Clerk, Wichita Falls

Claudia Ordaz, Councilmember, El Paso

Dottie Palumbo, City Attorney, Galveston

Shawn Poe, Assistant Director of Engineering, Allen

Deborah Pullum, City Attorney, Tyler

Rick Ramirez, Intergovernmental Relations Manager, Sugar Land

Pamela Redman, Mayor, Plains

Mike Riggens, Director of Parks and Recreation, Conroe

Rene Rodriguez, Councilmember, Socorro

Roy Rodriguez, City Manager, McAllen

Steve Ross, Fire Chief, Haltom City

Michael Salinas, Alderman, La Joya

Eric Scott, Mayor, Brookshire

Lissa Smith, Mayor Pro Tem, Plano

Greg Smith, City Administrator, Shenandoah

Chance Sparks, Director of Planning, Buda

Ron Stutes, City Attorney, Tool

Freddie Taylor, Councilmember, Sulphur Springs

Daniel Tejada, Councilmember, Floresville

Anthony Tull, IT Director, Granbury

Mark Vargus, Mayor, Lakewood Village

Chris Watts, Mayor, Denton

Dennis Webb, Councilmember, Irving

Nancy Williams, Governmental Relations, Austin

Kasha Williams, Councilmember, Longview

Tamara Young-Hector, Councilmember, Willis

Zim Zimmerman, Councilmember, Fort Worth

3

2015-2016 TML Legislative Policy Development Process

City officials across the state are well aware of the fact that many significant decisions affecting

Texas cities are made by the Texas Legislature, not by municipal officials. Newly elected mayors

and councilmembers quickly realize that cities are indeed “creatures of the state.” This

subservient position of cities in the state’s intergovernmental system means that the legislature

can address virtually any aspect of city government.

This fact is vividly demonstrated during each legislative session. For example, during the 2015

session, more than 6,000 bills or significant resolutions were introduced; more than 1,600 of

them would have affected Texas cities in some substantial way. In the end, over 1,300 bills or

resolutions passed and were signed into law; approximately 220 of them impacted cities in some

way.

There is no reason to believe that the workload of the 2017 session will be any lighter; it may be

greater. And for better or worse, city officials will have to live with all the laws that may be

approved by the legislature. Thus, the League must make every effort to assure that detrimental

bills are defeated and beneficial bills are passed.

The TML approach to the 2017 session will undoubtedly be guided by principles that spring

from a deeply rooted TML legislative philosophy:

The League will vigorously oppose any legislation that would erode the authority

of Texas city officials to govern municipal affairs.

Cities represent the level of government closest to the people. They bear primary

responsibility for the provision of capital infrastructure and for ensuring our

citizens’ health and safety. Thus, cities must be assured of a predictable and

sufficient level of revenue and must resist efforts to diminish that revenue.

The League will oppose the imposition of any state mandates that do not provide

for a commensurate level of compensation, and resist any attempts to require

cities to raise money for the state (reverse intergovernmental aid).

Schedule

Beginning in 2015 and throughout 2016, legislative policy committees will help TML prepare

legislative positions. The League’s legislative policy development schedule will be roughly as

follows:

September 2015 – the 2015 TML Resolutions Committee meets to consider resolutions.

The recommendations of the Resolutions Committee will go forward for consideration by

the TML membership on the final day of the 2015 Annual Conference at the annual

business meeting.

January - April 2016 – the chairs, vice-chairs, board representatives, and members of

the League’s legislative policy committees will be appointed by the TML President.

4

May - June 2016 – topic-specific committees (e.g., Revenue and Finance,

Regulation of Development, etc.) meet for the first time.

August 2016 – the topic-specific committees will combine to form the General

Government Committee, at which time they will finish their topic-specific work

and consider additional items.

September - October 2016 – the reports of the legislative policy committees will

go forward to the 2016 TML Resolutions Committee for consideration. The

recommendations of the Resolutions Committee will go forward for consideration

by the TML membership on the final day of the 2016 Annual Conference at the

annual business meeting.

December 2016 – the TML Board will finalize the League’s 2017-2018

legislative program based on resolutions passed in both 2015 and 2016.

Some Suggestions

As can be seen from the section above, the legislative policy committees provide the framework

for the TML legislative policy development process. As an integral part of that committee

process, city officials can significantly impact the outcome of the 2017 legislative session. Those

officials should keep in mind the following:

1. There is a practical limit to what the League – or any group, for that matter

– can accomplish in any legislative session. It is obvious that all resources –

human, financial, and political – are limited, and no group can hope to achieve all

its legislative objectives. The most powerful interest groups in the state sometimes

come away from a legislative session bruised and battered. On occasion, the best

that can be expected is that no harm be done.

2. TML will expend the vast majority of its resources killing bad bills. This has

always been so and will probably always be the case. At one point during the

2015 regular session, the League was monitoring more than 1,600 bills or

resolutions, many of which were bad for cities. The League’s legislative

philosophy has traditionally been, first and foremost, to defeat bad legislation and,

secondarily, to seek passage of beneficial legislation as time, resources, and

political realities permit.

It is unlikely that any other interest group in the state monitors and opposes

as many bills as does the Texas Municipal League. During recent legislative

sessions, the League took steps to oppose bad legislation dealing with everything

from annexation to zoning and from birth records to cemeteries. The breadth of

the League’s legislative focus becomes obvious each year when TML completes

and submits its state-mandated lobbyist registration form. One schedule of the

form asks which of 83 subject matters are of interest to TML. Of the 83, only four

fall outside the League’s areas of interest.

5

Unfortunately, the number of bad city-related bills grows almost every year.

(Please see the chart below.) As a result, the League has been forced to expend

an ever-greater percentage of its resources simply fending off bad ideas.

Year Total Bills

Introduced *

Total Bills

Passed

City-Related

Bills Introduced

City-Related

Bills Passed

2001 5,712 1,621 1,200+ 150+

2003 5,754 1,403 1,200+ 110+

2005 5,369 1,397 1,200+ 105+

2007 6,374 1,495 1,200+ 120+

2009 7,609 1,468 1,500+ 120+

2011 6,303 1,410 1,500+ 160+

2013

2015

6,061

6,476

1,437

1,329

1,700+

1,600+

220+

220+

* Includes bills and proposed Constitutional amendments; regular session only.

3. Given the League’s finite resources, and because vast amounts of those

resources are necessarily expended in defeating bad legislation, the League

must very carefully select bills that it will support or for which it will attempt

to seek passage. A sharply focused legislative program is more likely to lead to

success than is a very large and wide-ranging program. In addition, supporting a

bill that has a low probability of passage requires a large amount of time and

political resources that can be used more productively in other ways. Thus, it is

important to advocate only those initiatives that are truly important and that

have a realistic chance of passage.

4. How can the committee identify initiatives that are truly significant and that merit

a place in the TML legislative program? Committee members may wish to ask the

following questions about each discussion item:

Does the initiative have wide applicability to a broad range of cities of

various sizes (both large and small) and in various parts of the state?

Does the initiative address a core municipal issue, such as erosion of

local control and preservation or enhancement of municipal revenue?

Will the initiative be vigorously opposed by strong interest groups

and, if so, will member cities commit to contributing the time and

effort necessary to overcome that opposition?

6

Is this initiative, when compared to others, important enough to be

part of TML’s list of priorities?

Is this initiative one that city officials, more than any other group,

should and do care about?

The foregoing suggestions are not meant to imply that TML can’t pass good, solid legislation. It

can, it has in the past, and it will again. The suggestions are meant merely to emphasize the fact

that any group, to succeed, must use its resources and its political strength wisely and selectively.

Categories

Legislative positions should reflect one of four categories that will direct League staff. Keep in

mind that there is a difference between “seek introduction and passage” and “support.”

Seek Introduction and Passage means that the League can attempt to find a

sponsor, will provide testimony, and will otherwise actively pursue passage. Bills

in this category are known as “TML bills.” These bills require an enormous

amount of time and resources, and the committee should be very cautious

about putting items in this category.

Support means the League will attempt to obtain passage of the initiative if it is

introduced by some other entity. League staff will, based upon the foregoing

principles and its knowledge of current legislative realities, determine the

amount of time and resources devoted to an item in this category.

With very few exceptions, any item that makes its way into the 2017-2018 TML Legislative

Program should be couched in the two terms above, or by recommending that TML “oppose” or

“take no position.”

7

2015

TML RESOLUTION COVER SHEET

Sponsoring Entity: City of Cedar Park

Brief Background: In May of this year, the City of Cedar Park discovered the City of Austin’s

intent to file a petition challenging the Travis Central Appraisal District’s (“TCAD”) valuation of

commercial properties within the City of Austin’s jurisdiction. Under current State law, there is

no provision authorizing or directing the chief appraiser to certify tax rolls for non-protesting

entities, meaning this unilateral action by the City of Austin would delay TCAD’s certification of

tax rolls for Cedar Park and 117 other taxing units within Travis County.

Although only 1% of Travis County’s ad valorem is located within Cedar Park, all Cedar Park

property owners would be impacted, as delayed receipt of certified tax rolls could impact the tax

rate setting and budgeting process, delay the receipt of ad valorem tax revenues, force the use of

fund balances and/or short-term borrowing to fund the City’s operating expenses, reduce

investment opportunities and income, and increase risk related to the marketability and sale of

bonds, bond rating, and interest rates necessary for infrastructure and public safety projects.

Additionally, a significant delay could prevent individual taxpayers’ deduction of ad valorem tax

payments on their 2015 federal income tax returns. This situation presents concerns not only for

Cedar Park and Travis County, but for cities across the State.

What the Resolution is Intended to Accomplish: This Resolution is requesting TML to seek

and introduce legislation that would authorize chief appraisers to certify tax rolls for all non-

protesting parties. Such a requirement would provide for timely certification of tax rolls.

How the Resolution is City-Related/How it Addresses a Municipal Issue: While this specific

issue affected taxing units in Travis County this year, the same issue could affect any taxing unit

in a county in the State where another taxing unit in that county is protesting appraised values.

Because all cities are taxing units, such legislation could benefit all cities in the State.

Statewide Importance: Currently, any city in the State could be negatively affected by a protest

if that city is a non-protesting city. Such requirement to certify tax rolls would provide for timely

certification of tax rolls so other taxing units are not negatively affected. Conversely, if a city is a

protesting entity, the city can protest its appraised values confident that such action will not

negatively affect other taxing units in the same county.

Submitted By: Name: Brenda Eivens

Title: City Manager

City: Cedar Park

Telephone: (512) 401-5000

8

1.

A RESOLUTION TO SEEK INTRODUCTION AND PASSAGE OF LEGISLATION TO

AUTHORIZE AND DIRECT CHIEF APPRAISERS TO CERTIFY TAX ROLLS FOR ALL

NON-PROTESTING TAXING UNITS.

WHEREAS, there is no provision under current State law authorizing or directing the chief

appraiser to certify tax rolls for non-protesting taxing units; and

WHEREAS, the Texas Municipal League Board of Directors acknowledges that the unilateral

action by a single entity to challenge appraised values could have a profound effect on the other

taxing units within that jurisdiction in terms of delayed receipt of certified tax rolls could impact the

tax rate setting and budgeting process, delay the receipt of ad valorem tax revenues, force the use of

fund balances and/or short-term borrowing to fund operating expenses, reduce investment

opportunities and income, and increase risk related to the marketability and sale of bonds, bond

rating, and interest rates necessary for infrastructure and public safety projects; and

WHEREAS, the Texas Municipal League Board of Directors finds that authorizing and directing

the chief appraiser to certify tax rolls for non-protesting taxing units would provide for timely

certification of tax rolls.

NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual

Conference of the Texas Municipal League that the League seek introduction and passage of

legislation authorizing and directing the chief appraiser to certify tax rolls for non-protesting

taxing units.

PASSED AND APPROVED by the membership of the Texas Municipal League this 22nd

day of

September, 2015, at San Antonio, Texas.

APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

9

2015


Sponsoring Entity: City of Cedar Park

Brief Background: The passage of H.B. 2414 and S.B. 984 during the 83rd Legislature

resolved several issues related to the ability of a governmental body to hold meetings by

videoconference call. However, the passage of both bills also resulted in conflicting sections

within Texas Government Code Section 551.127. The inconsistencies include duplicates of

subsections (c), (e), and (h), each imposing slightly different requirements related to

videoconference calls. The two enactments raise numerous questions, and it is anticipated that

the Legislature will revisit Section 551.127 during the 84th Legislative Session. Examples of

inconsistencies with the current Section 551.127 include: (a) the effect of losing connection with

a member of the governmental body who is participating via videoconference call, (b) the

required contents of the notice of a meeting to be held by videoconference call, (c) the level of

clarity for audio and visual communication between participants during a meeting using

videoconference call, and (d) the risk and circumstances under which action taken during

meetings held by videoconference call may be subsequently invalidated.

The City of Cedar Park City Council passed a resolution on August 14, 2014 requesting support

from TML for legislative action to resolve these inconsistencies during the 84th Legislative

Session. Unfortunately, the 84th Legislature did not act to remedy the inconsistencies. As a

result, the City of Cedar Park City Council passed a resolution on August 6, 2015 requesting

TML seek introduction and passage of legislation to resolve these inconsistencies.

What the Resolution is Intended to Accomplish: The Resolution will provide for TML

support of legislation to resolve the conflicts created by the passage of H.B. 2414 and S.B. 984

so that governmental bodies statewide better understand the law and implications of the law

when conducting videoconference calls.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Texas Government

Code Section 551.127, and the Open Meetings Act generally, govern all governmental bodies

statewide. A large portion of governmental bodies include governmental bodies for

municipalities and boards and commissions serving those municipalities. Further clarifying the

laws on videoconference calls will allow videoconference calls to be a more viable option for

governmental bodies to conduct city business, and increase efficiency.

Statewide Importance: Any governmental body across the state will benefit by clearer laws

governing videoconference calls.

Submitted By: Name: Brenda Eivens

Title: City Manager

City: Cedar Park

Telephone: (512) 401-5000

10

2.

A RESOLUTION TO SEEK INTRODUCTION AND PASSAGE OF LEGISLATION TO

RESOLVE INCONSISTENCIES WITHIN TEXAS GOVERNMENT CODE SECTION 551.127

CREATED BY THE PASSAGE OF H.B. 2414 AND S.B. 984 DURING THE 83RD

LEGISLATURE WHICH RELATE TO THE USE OF VIDEOCONFERENCE CALLS BY

GOVERNMENTAL BODIES TO CONDUCT MEETINGS

WHEREAS, the passage of H.B. 2414 and S.B. 984 during the 83rd Legislature clarified some

aspects of the use of videoconference calls by governmental bodies to conduct meetings, however,

the passage of both bills also resulted in inconsistencies to Texas Government Code Section

551.127; and

WHEREAS, the passage of legislation to resolve the resulting inconsistencies will allow each

governmental body the option to use videoconference calls to conduct meetings while

understanding the law and the implications of the law; and

WHEREAS, the Texas Municipal League Board of Directors finds that resolving inconsistencies

within Texas Government Code Section 551.127 will benefit municipal governmental bodies in

general.



legislation that would reconcile inconsistences within Texas Government Code Section 551.127

so that governmental bodies that choose to use videoconference calls for meetings are provided

clarity of the law governing videoconference calls.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

11

2015


Sponsoring Entity: City of El Paso

Brief Background: The 84th Legislature appropriated $30 million to the Defense Economic

Adjustment Assistance Grant to assist Texas military communities with enhancing the military

value of their installations. While this is the largest amount ever appropriated, the Texas

Military Value Task Force recommended an appropriation of $150 million. In addition, the U.S.

Army just announced that three posts in Texas will lose almost 5,000 troops by 2017.

What the Resolution is Intended to Accomplish: To urge the Legislature to continue to find

resources and seek solutions to assist military communities impacted by the troop reductions

announced by the U.S. Army and to improve the military value of all Texas military installations.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Assists Texas cities

that support military installations and Texas cities that depend on the Texas military

economically.

Statewide Importance: The economic impact of Texas’ military installations is the second

largest economic driver in the state behind manufacturing, and the defense sector is an important

partner of numerous other private sectors such as cyber technology, transportation, and aviation.

Submitted By: Name: Brie L. Franco

Title: Assistant City Attorney

City: El Paso

Telephone: (915) 212-1107

12

3.

A RESOLUTION IN SUPPORT OF THE STATE OF TEXAS INVESTING IN INITIATIVES TO

PROTECT, PRESERVE, AND ENHANCE THE MILITARY VALUE OF TEXAS

INSTALLATIONS

WHEREAS, Texas’ military installations are vital to national and state security as Texas has

specialized in mobilizing and deploying over 1 million troops in the past 12 years; and

WHEREAS, on July 9, 2015, the U.S. Army announced that three posts in Texas will lose almost

5,000 troops by 2017 under a cost-saving plan aimed at reducing the Army’s active-duty forces; and

WHEREAS, some of the cuts will occur through attrition but some soldiers will be forced from

service impacting the soldiers’ families and their military communities; and

WHEREAS, if sequestration returns, the Army will be forced to cut an additional 30,000 soldiers

by fall 2019 making Texas’ military personnel and communities even more vulnerable; and

WHEREAS, the impact of theses cuts will be felt statewide as Texas military installations provide

approximately $150 billion to the Texas economy per year and employee more than 255,000

military and civilian personnel representing 6 percent of the state’s total economic activity; and

WHEREAS, the economic impact of Texas’ military installations is the second largest economic

driver in the state behind manufacturing, and the defense sector is an important partner of numerous

other private sectors such as cyber technology, transportation, and aviation; and

WHEREAS, the 84th

Texas Legislature appropriated $30 million to the Defense Economic

Assistance Adjustment Grant (DEAAG) to assist Texas military communities with enhancing the

military value of their installations; and

WHEREAS, this appropriation represents the largest amount ever appropriated by the Texas

Legislature to the DEAAG, the Texas Military Value Task Force recommended an appropriation of

$150 million.


Conference of the Texas Municipal League that the League support continued resources and

solutions from the Texas Legislature to assist military communities impacted by the troop

reductions announced by the U.S. Army and to improve military value of all Texas military

installations during the interim.


day of


APPROVED:

_____________________________

Nelda Martinez

President

13

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

14

2015


Sponsoring Entity: City of El Paso

Brief Background: During the 84th

Legislative Session, there were numerous attempts to cap

the amount of property tax revenue that cities can collect. TML and its member cities were able

to fight off these efforts, but we can anticipate that this legislation will be discussed during the

interim and filed again next session.

What the Resolution is Intended to Accomplish: That TML and its member cities continue

their efforts to educate Texans that a revenue cap on cities does not provide meaningful property

tax relief, and instead robs cities of the ability to meet local needs.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Addresses cities

fundamental ability to raise revenue and provide services.

Statewide Importance: In order to fight of a revenue cap next session, cities will have to

communicate with their elected officials during the interim.

Submitted By: Name: Brie L. Franco

Title: Assistant City Attorney

City: El Paso

Telephone: (915) 212-1107

15

4.

A RESOLUTION IN OPPOSITION TO REVENUE CAPS AND LEGISLATIVE

INTERFERENCE WITH LOCAL SERVICES

WHEREAS, during the 84th Legislative Session bills were introduced to cap the amount of property

tax revenue cities can collect each year in a misguided effort to reduce the property tax burden on

homeowners and businesses; and

WHEREAS, currently, if a Texas city increases property tax collections by more than eight percent

over the previous year, voters can petition for an election to rollback the increase; and

WHEREAS, bills were introduced to replace that eight percent “rollback rate” with a hard cap of

four percent and require mandatory elections on an increase over four percent – all with false claim

that this would provide property tax relief; and

WHEREAS, according to the state comptroller’s latest survey of property tax rates in 1,002 cities in

Texas, 67 percent of cities raised their property taxes by less than four percent from 2012 to 2013

and 37 percent of cities actually reduced their property taxes; and

WHEREAS, that means property owners in at least 669 Texas cities would have seen no reduction

in their city property taxes if the four percent cap had been in effect; and

WHEREAS, while the savings to individual taxpayers are very small or even non-existent, a four

percent cap could represent a loss in vital city services; and

WHEREAS, cities collect just 16 percent of the property taxes levied in Texas, and most of the

property taxes paid by Texans (55 percent) go to school districts; and

WHEREAS, according to the comptroller’s report, the total amount of property taxes collected by

cities rose by 3.61 percent between 2012 and 2013, while school district tax collections rose by

more than twice that rate or 7.72 percent; and

WHEREAS, school property taxes have been rising because the legislature continues to reduce the

state’s share of funding for schools, which forces districts to get more revenue from property taxes.


Conference of the Texas Municipal League that:

(1) imposing a revenue cap on cities (a) does not provide meaningful tax relief; (b) robs

cities of the ability to meet local needs; and (c) diverts attention from the real cause of

higher property taxes, which is the legislature’s failure to address the problem of school

funding; and

(2) the League oppose the legislative imposition of a revenue cap and legislative

interference with local services.


day of


16

APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

17

2015


Sponsoring Entity: City of Jonestown

Brief Background: In August 2014, the Travis County Commissioners Court authorized the

purchase of 228 acres of vacant land within the corporate limits of Jonestown. The land included

some of the best property for future development within the municipality, and its removal from

the City’s tax rolls will have a significant long term effect on the City’s economic well-being. At

no time did the County contact the City or provide any sort of notice, and the City did not learn

of the purchase until several weeks after it became final. After subsequent meetings with the

County Commissioner in whose precinct the City is located, it remains uncertain whether the

County knew the land was located within the corporate limits of the City prior to the

Commissioners Court’s decision to make the purchase. Details of the decision were deliberated

by the Commissioners Court in executive session, and have not been disclosed in response to a

Public Information Act request.

What the Resolution is Intended to Accomplish: The Resolution proposes that TML seek

introduction and passage of a bill requiring any Texas County or other political subdivision,

other than another city, considering the purchase of land within the corporate limits of an

incorporated municipality to obtain the permission of the city or, at a minimum, provide written

notice well in advance of action on the matter and to allow the city to have formal input into the

decision-making process. The reason another city should not be included is to ensure that this

bill not pit one city against another in the legislative process.

How the Resolution is City-Related/How it Addresses a Municipal Issue: City authority to

retain land on its tax rolls and to see it developed appropriately is a matter of prime importance

for any Texas city.

Ironically, a bill—H.B. 3620—was introduced in the 2015 Legislature that would have

prohibited the opposite type of situation by denying a city the authority to purchase land outside

its corporate limits in the county, the ETJ of another city, or within another city unless the

purchasing city (1) has the written permission of the county or city where the land is located; and

(2) waives its right to exempt the property from ad valorem taxation or agrees to make payments,

in lieu of taxes, to the county or other city in an amount equal to the taxes that would have been

paid had the city not purchased the property. H.B. 3620 was not reported out of committee, but

it serves as an example of how a similar situation might be addressed in a future legislative

proposal aimed at counties.

Statewide Importance: Clearly, no city in the state would desire to have something similar

happen. State law is replete with requirements for city approval and permission before the

actions of various districts and political subdivisions may occur, such as creation of a district or

annexation of property within a city. The fact that no similar provisions exist for action by a

county is a legal oversight.

18

Submitted By: Name: Deane Armstrong

Title: Mayor

City: Jonestown

Telephone: (512) 267-3243

19

5.

A RESOLUTION TO SEEK INTRODUCTION AND PASSAGE OF A BILL REQUIRING CITY

PERMISSION PRIOR TO THE PURCHASE OF LAND WITHIN A CITY BY A COUNTY OR

OTHER POLITICAL SUBDIVISION OTHER THAN ANOTHER CITY

WHEREAS, the City of Jonestown is a Type A General Law Municipality located in Travis

County, Texas; and

WHEREAS, Travis County, without notifying the City or seeking its permission, purchased

approximately 228 acres of vacant land inside the City, thereby removing the land from the

City’s tax rolls and significantly undermining the financial well-being of the City; and

WHEREAS, the City Council of the City of Jonestown desires that the Texas Legislature enact a

law to require a county or other political subdivisions to notify a city and obtain its permission

prior to purchasing land with that city;


Conference of the Texas Municipal League that the League seek introduction and passage of a

bill to require that any county or other political subdivision in the state, other than another City,

that is considering the purchase of land within an incorporated Texas municipality notify the City

and obtain its permission prior to taking action to make any such purchase.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

20

2015


Sponsoring Entity: City of Keene

Brief Background: The Texas Public Information Act gives the requestors rights to information

relating to legislative and executive functions of local government, however, requestors can and

have been abusing and exploiting the Act causing an undue burden on local governments by

making excessive, repetitive, or harassing requests primarily or solely to occupy staff time and to

strain local government resources.

What the Resolution is Intended to Accomplish: This Resolution is intended to bring these

issues regarding the potential abuses of the Texas Public information Act to the forefront and by

doing so seek solutions to the issues that affect all governmental entities statewide.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Municipal issues

are receiving excessive, repetitive and/or harassing requests that appear to be intended only to tie

up city personnel time and resources. The allowance of 36 hours per year per requestor seems to

be overly generous to the requestor intending to tie up these resources. The governmental

organization has no recourse in these situations. The requestors can submit up to an unlimited

number of requests, some with minor alterations and the recipients must by law respond to each

and every one of them. This is unfair to requestors who are truly requesting information that they

are seeking and not submitting excessive requests.

Statewide Importance: Since the Texas Public Information Act applies to all governmental

entities throughout the state, every agency and/or political subdivision is affected by these issues.

Submitted By: Name: Keesha Lay

Title: City Secretary

City: Keene

Telephone: (817) 641-3336

21

6.

A RESOLUTION TO SUPPORT PASSAGE OF LEGISLATION TO AMEND TEXAS

GOVERNMENT CODE, CHAPTER 552. “PUBLIC INFORMATION,” SECTION 552.275

WHEREAS, the City of Keene believes the promotion of open government and public

confidence is the utmost importance; and

WHEREAS, the Texas Public Information Act (“the Act”), codified as Chapter 552 of the

Government Code, gives the public the right to request access to government information; and

WHEREAS, the vast majority of requestors use the Act for the purposes intended by the

Legislature, including to promote open government and the free exchange of information relating

to the legislative and executive functions of local government; and

WHEREAS, requestors, however, can and have bee abusing and exploiting the Act to cause an

undue burden on local governments by making excessive, repetitive, or harassing requests

primarily or solely to occupy staff time and to strain local government resources; and

WHEREAS, the Act, as currently drafted, contains certain safeguards such as allowing for

charges and payment prior to fulfilling certain requests; however, the existing legislative

safeguards in the Act do not allow local governments to avoid spending significant time and

resources to respond to excessive, repetitive or harassing requests; and

WHEREAS, the City of Keene supports passage of legislation to amend section 552.275 of the

Act.


Conference of the Texas Municipal League that the League support legislation that proposes the

following changes to section 552.275 of the Act: (1) lowering the 36-hour time limit for a

requestor during a 12-month period to 24 hours in a 12–month period, and (2) establishing a

means by which a governmental body can request the Attorney General’s Office to review

requests that the governmental body has determined are excessive, repetitive, or harassing, once

the Section 552.275 time limits have been exceeded by a requestor. The proposed amendments

would not include requestors exempted by Section 552.275 of the Act.


day of


APPROVED:

_____________________________

Nelda Martinez

President

22

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

23

2015


Sponsoring Entity: City of Meadows Place

Brief Background: Local Government Code, Section 52.004, requires the selection each year

of an official newspaper for the municipality; and the law requires, at significant expense, many

required published notices for certain meetings, hearings, ordinances, tax disclosures, public

bids, and other required messages.

What the Resolution is Intended to Accomplish: Allow city council the option of posting the

required notices on their official website in lieu of publishing the notices in their official

newspaper.

How the Resolution is City-Related/How it Addresses a Municipal Issue: By giving Texas

cities the option to post on their official website, it will save cities a considerable amount of

money and accomplish the same result as if published in their official newspaper. It will take

advantage of the new technologies offered to the public.

Statewide Importance: Local Government Code, Section 52.004 affects all Texas cities with

the requirement to post notices in their official newspaper.

Submitted By: Name: Terry Henley

Title: Mayor Pro Tem/ TML Board Member

City: Meadows Place

Telephone: (281) 983- 2950

24

7.

A RESOLUTION TO SEEK INTRODUCTION AND PASSAGE THAT WOULD ALLOW

MUNICIPALITIES THE OPTION OF SELECTING AN OFFICIAL NEWSPAPER OR AN

OFFICAL WEBSITE FOR THE MUNICIPALITY’S PUBLICATION OF OFFICIAL NOTICES

REQUIRED BY LAW

WHEREAS, Local Government Code, Section 52.004, requires the selection each year an

official newspaper for the municipality; and

WHEREAS, the law requires municipalities to publish in the official newspaper, at a significant

expense, many required published notices for certain meetings, hearings, ordinances, tax

disclosures, public bids, and other required messages; and

WHEREAS, many municipalities have invested substantial sums in developing the

municipality’s own official website; and

WHEREAS, posting all the same required notices for the official newspaper on the official

website would provide a more efficient, less expensive, and well-organized means of publication

of all required notices; and

WHEREAS, posting on the municipalities official website allows the notices to be organized and

archived for both current and historical information with electronic ease.



legislation that would allow municipalities the option of selecting either an official newspaper or

an official website for the municipality’s publication of official notices by law.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

25

2015


Sponsoring Entity: City of Plano

Brief Background: Cities regularly appoint citizen volunteers to board and commissions to

provide advice and support to the City Council. This resolution clarifies that city appointees are

appointed by the City through powers authorized under a city charter and can be removed at the

will of the city council. Sec. 3.07 of the City of Plano charter specifically states the powers of

the city council:

All powers of the city and the determination of all matters of policy shall be vested in the city

council. Without limitation of the foregoing and among the other powers that may be exercised

by the city council, the following are hereby enumerated for greater certainty:

(a) Remove from any office or position of employment in the city government, any officer

or employee or member of any board or commission appointed by the city council.

What the Resolution is Intended to Accomplish: This resolution will clarify that City

Appointees to Boards and Commissions, including Special Districts, Water Districts, and Transit

Authorities, serve at the will of the City Council and can be removed at any time.

How the Resolution is City-Related/How it Addresses a Municipal Issue: City Councils

should have the ability to remove any appointee.

Statewide Importance: This resolution applies to cities throughout the State of Texas.

Submitted By: Name: Mark Israelson

Title: Assistant City Manager

City: Plano

Telephone: (972) 941- 5112

26

8.

A RESOLUTION RELATING TO THE POWER OF A CITY TO APPOINT AND REMOVE

MEMBERS OF BOARDS AND COMMISSIONS

WHEREAS, cities regularly appoint community representatives to serve on boards and

commissions; and

WHEREAS, the power to appoint representatives assists City Councils in their ability to

effectively govern their communities; and

WHEREAS, situations arise where it is in the best interest of the city for a city council to remove

representative; and

WHEREAS, it is in the best interest of all cities throughout the State of Texas to clarify that all

appointees serve at the will of the City Council.



legislation that would clarify that all representatives to boards and commissions that are

appointed by the City Council serve at the will of the City Council.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

27

2015


Sponsoring Entity: City of Plano

Brief Background: The Texas miracle happens at the local level with cities actively attracting

businesses to relocate and expand throughout the State. Cities are looking for flexibility in order

to efficiently use resources to create a maximum return on investment for their community. One

area where cities have challenges is including land in Chapter 380 agreements. This would put

non-taxable land back on the tax rolls.

What the Resolution is Intended to Accomplish: This resolution will allow cities to include

land in Chapter 380 economic development agreements, including swapping, trading or

combining land with other governmental entities.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Chapter 380

economic development agreements are available to all cities throughout the State of Texas and

would expand the resources available to all cities.

Statewide Importance: This resolution applies to cities throughout the State of Texas.

Submitted By: Name: Mark Israelson

Title: Assistant City Manager

City: Plano

Telephone: (972) 941- 5112

28

9.

A RESOLUTION RELATING TO THE AUTHORITY OF A CITY TO INCLUDE LAND IN A

CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENTS

WHEREAS, cities participation in economic development is critical to local economies; and

WHEREAS, city owned land is non-taxable; and

WHEREAS, city owned land could be efficiently and effectively used for economic

development; and

WHEREAS, it is in the best interest of all cities throughout the State of Texas to allow land to be

included in economic development agreements.


Conference of the Texas Municipal League that the League seek and introduce legislation that

would allow land to be used, transferred, conveyed, or swapped in Chapter 380 economic

development agreements.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

29

2015


Sponsoring Entity: City of Seabrook

Brief Background: State Highway 146 (SH 146) in the Houston Bay Area traverses portions of

both Harris and Galveston Counties, and serves the communities of Baytown, Bayou Vista, Clear

Lake Shores, Deer Park, El Lago, Galveston, Hitchcock, Houston, Kemah, La Marque, La Porte,

League City, Pasadena, Seabrook, Shoreacres, Taylor Lake Village, and Texas City.

What the Resolution is Intended to Accomplish: This resolution is intended to show City

support for the expansion of State Highway 146 due to regional impact with regard to emergency

evacuations, mobility, and economic and other development. It is also intended to solicit TML

and State Legislature support with regard to new legislation to require state participation in

funding TXDOT projects that include a state evacuation routes.

How the Resolution is City-Related/How it Addresses a Municipal Issue: As specified in

Rule §15.52 of the Texas Administrative Code a municipality has certain provisions on

receiving state and federal funding in transportation projects with special considerations noted

when an improvement project serves statewide transportation needs; needs of the local

government; economic benefit to the state, the traveling public and operation of TXDOT. We

ask that additional language be added to the code to automatically give municipalities within a

state evacuation route state funding or reimbursement on utility accommodations.

Statewide Importance: The Houston-Galveston Ship Channel area is the economic engine of

the State of Texas and serves a benefit to our region, the State of Texas and the entire United

States. Without the expansion of SH 146, ease of mobility for commuters in the region and the

port activities is restricted. But more importantly, this project serves to safely give a route to

those that could be impacted by hurricanes or other coastal tidal surge events. The economic

impact of requiring one municipality the burden of holding up such a monumental project

because utility accommodations that exceed 60% of their normal general fund expenditures is

unreasonable and should be addressed.

Submitted By: Name: Glenn R. Royal

Title: Mayor

City: City of Seabrook, Texas

Telephone: (281) 291-5600

30

10.

A RESOLUTION TO SUPPORT LEGISLATIVE ACTION TO CHANGE REQUIRED

MUNICIPAL FUNDING REQUIREMENTS BY THE TEXAS DEPARTMENT OF

TRANSPORTATION ON A STATE PROJECT FOR UTILITY RELOCATION WITHIN A

STATE DESIGNATED EVACUATION ROUTE

WHEREAS, State Highway 146 (SH 146) in the Houston Bay Area, traverses portions of both

Harris and Galveston Counties, and serves the communities of Baytown, Bayou Vista, Clear

Lake Shores, Deer Park, El Lago, Galveston, Hitchcock, Houston, Kemah, La Marque, La Porte,

League City, Pasadena, Seabrook, Shoreacres, Taylor Lake Village, and Texas City; and

WHEREAS, over the past two decades, the area surrounding SH 146 has experienced robust

development, which has strained the ability of SH 146 to safely and efficiently accommodate

daily traffic flow or to meet the emergency evacuation needs of the Bay Area’s increased

population; and

WHEREAS, during Hurricane Ike, the City of Seabrook experienced a tidal surge between 10 to

13 feet which completely submerged parts of the existing SH 146 and the route was inaccessible

to the public or emergency personnel for a period of time; and

WHEREAS, the expansion of SH 146 is determined to impact over 40 local businesses within

the Seabrook, Texas city limits by the Right of Way acquisition process thus significantly

decreasing sales and property tax revenues; and

WHEREAS, the expansion of SH 146 is estimated to cause a local funding requirement by the

City of Seabrook of approximately $5.5 million dollars for water and sewer utility relocations

and the City seeks legislation to limit such a significant economic impact not only on itself, but

other municipalities similarly situated; and

WHEREAS, the need of the project is driven by increased volumes on a regional level beyond

the City of Seabook’s control due to increased mobility needs for residential growth beyond the

city limits of the City of Seabrook and ease of mobility for commercial and port activity also

outside Seabrook’s city limits;


Conference of the Texas Municipal League that the League assist in drafting legislation for

additional funding measures from the Legislature for projects in a state designated evacuation

route.


day of


31

APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

32

2015


Sponsoring Entity: City of Sugar Land

Brief Background: During the 83rd Legislative Session, legislation was passed that allowed the

municipal governments of Harris County to utilize electric utility easements to create recreation

facilities. While municipal governments currently have the ability to build these types of

facilities within electric utility easements, this legislation facilitated and encouraged the

development of trails by reducing the electric utility’s liability for accidents along their trail. The

legislation did not create full immunity for the electric utility companies. This has allowed for

the creation of trails, adding significantly to the connectivity and usefulness of existing trails and

sidewalks. Unfortunately, the benefits of this legislation did not extend to communities outside

of Harris County.

During the 84th Legislative Session, H.B. 2184 (Miller) and S.B. 1444 (Taylor) were filed that

sought to extend these privileges to all cities in the State of Texas. The passage of such

legislation would have allowed cities and municipalities all over the state to own and operate

recreational facilities that seek to improve the quality of life for their residents while also saving

taxpayer money by utilizing electric utility property at, in many cases, virtually no cost for land.

Absent this protection, many electric utilities have been resistant to developing recreational

facilities within their easements. Unfortunately, these pieces of legislation did not leave

committee and died.

Under current law, an owner of real property who opens the owner's land for recreational use is

liable for property damage, injury, or death arising from gross negligence on the part of the

property owner, or if the owner has acted with malicious intent or in bad faith. Additionally,

public utilities may require that the municipality, county, or political subdivision carry general

liability insurance to insure the public utility for liability.

What the Resolution is Intended to Accomplish: Support legislation in the 85th Legislative

Session that authorizes electric utilities to allow cities to build and operate hike and bike trails

and recreational amenities on land and easements owned and occupied by an electric utility with

the limitations of liability applicable to electric utilities in Chapter 75, Texas Civil Practice and

Remedies Code.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Public hike and

bike trails provide many benefits, including supplementing transportation infrastructure,

reducing congestion, connecting communities, and encouraging a healthy lifestyle. Citizens and

businesses make their location choices, in part, on the availability of pedestrian and bicycle

amenities that allow transportation choice. Public hike and bike trails have become an important

tool in providing mobility for citizens. However, acquiring real estate in an urban area that is

suitable for development of hike and bike trails can be both difficult and expensive. The ability

to use the land and easements of an electric utility for hike and bike trails could allow cities to

construct miles of such trails at little cost to the cities.

33

The legislation that is recommended to be supported by this resolution would encourage electric

utility companies to enter into recreational use agreements with a political subdivision by

limiting the liability of the electric utility.

Statewide Importance: We seek to spread this cooperative and mutually beneficial policy to all

of Texas. Many of the State’s urban and suburban population centers are proposing bike and

pedestrian facilities to allow for alternative modes of transportation to decrease traffic on the

overwhelmed transportation systems. The ability to utilize utility rights-of-way can positively

impact the connectivity of these systems.

Submitted By: Name: Rick Ramirez

Title: Intergovernmental Relations Manager

City: Sugar Land

Telephone: (281) 275-2431

34

11.

A RESOLUTION TO SUPPORT LEGISLATION IN THE 85TH

LEGISLATIVE SESSION

THAT AUTHORIZES ELECTRIC UTILITIES TO ALLOW CITIES TO BUILD AND

OPERATE HIKE AND BIKE TRAILS AND RECREATIONAL AMENITIES ON LAND AND

EASEMENTS OWNED AND OCCUPIED BY AN ELECTRIC UTILITY WITH THE

LIMITATIONS IN CHAPTER 75, TEXAS CIVIL PRACTICE AND REMEDIES CODE

WHEREAS, public hike and bike trails provide many benefits, including supplementing

transportation infrastructure, reducing traffic congestion, connecting communities, and

encouraging a healthy lifestyle; and

WHEREAS, citizens and businesses make their location choices, in part, on the availability of

pedestrian and bicycle amenities that allow transportation choice; and

WHEREAS, public hike and bike trails have become an important tool in providing mobility for

citizens; and

WHEREAS, the ability to use the land and easements of an electric utility for hike and bike trails

could allow cities to construct miles of such trails at little cost the cities; and

WHEREAS, although cities currently have the ability to build and operate hike and bike trails

within and on land and easements owned by an electric utility, the potential liability for accidents

has caused some electric utilities to be resistant to allowing the construction of hike and bike

trails on their land easements; and

WHEREAS, in the 2013 Legislative Session, H.B. 200 was passed providing for an electric

utility to enter into agreements with cities to allow public use of the electric utility’s land and

easements and limiting an electric utility’s liability for damages related to personal injury, death

or property damage sustained by a person using the land and easements owned by the electric

utility; and

WHEREAS, H.B. 200 applies only to electric utilities in counties with a population of four

million or more; and

WHEREAS, cities in counties with a lesser population have the same or similar needs for

recreational trails within their cities; and

WHEREAS, the ability of local government to provide mobility and transportation choices for its

citizen is dependent on the local government’s ability to have the necessary resources and

authority to carry out its responsibilities; and

WHEREAS, local government officials are elected by the residents they represent to provide a

wide array of services; and

WHEREAS, state representatives and senators are charged with working in the best interest of

the citizens they represent; and

35

WHEREAS, residents of the state of Texas expect elected government officials representing

local governments to make every effort to be informed on the needs of the constituents and the

local government to ensure that local governments have the necessary authorities and resources

in which to fulfill the desired needs of the citizens who have elected them.


Conference of the Texas Municipal League that the League support legislation in the 85th

Legislative Session that authorizes electric utilities to allow cities to build and operate hike and

bike trails and recreational amenities on land and easements owned and occupied by an electric

utility with the limitation of liability applicable to electric utilities in Chapter 75, Texas Civil

Practice and Remedies Code.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

36

2015


Sponsoring Entity: Cities of Deer Park, La Porte, Morgan’s Point, Nassau Bay, Seabrook,

and Taylor Lake Village

Brief Background: The Houston-Galveston Ship Channel Region is home to a large percentage

of the Texas population, the largest and most important concentration of petroleum refining and

petrochemical processing plants in the U.S., and the Port of Houston, the second busiest port in

the nation. All are extremely vulnerable to the devastating and costly destruction of hurricane

storm surge

What the Resolution is Intended to Accomplish: This resolution is intended to show statewide

support for Hurricane Storm Surge Protection by means of a coastal barrier system for this

nationally strategic area, request state funding for additional studies and planning, and request

the entire Texas Federal delegation to seek and support federal funding for the design,

construction and maintenance of a coastal barrier system for the Houston-Galveston Ship

Channel region.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Municipal

governments along the Texas coast and Galveston Bay would be severely impacted with respect

to infrastructure, facilities, tax base and economies by a major storm event. Damage from

hurricane storm surge can be mitigated by a coastal barrier system.

Statewide Importance: The Houston-Galveston Ship Channel area is the economic engine of

the State of Texas and the entire United States. Three words sum up the importance: People,

Economy, Jobs! To date, a coastal barrier system for hurricane storm surge protection is

supported by 24 municipalities, 12 community organizations, The Harris County Mayors and

Council Association, The Chambers County Mayors Coalition and the 130 industry members of

the East Harris County Manufacturers Association.

Submitted By: Name: Jerry Mouton, Louis R. Rigby, Michel J. Bechtel,

Mark A. Denman, Glenn R. Royal, and Jon Keeney

Title: Mayors

City: Deer Park, La Porte, Morgan’s Point, Nassau Bay,

Seabrook, and Taylor Lake Village

Telephone: (281) 478- 7248, 281) 470-5019, (713) 254-1612,

(281) 334-4211, and (281) 291-5600

37

12.

A RESOLUTION RELATING TO A COASTAL BARRIER SYSTEM

WHEREAS, the Houston/Galveston region is home to the largest and most important

concentration of petroleum refining and petrochemical processing plants in the United States,

and the Port of Houston is the second-busiest port in the nation; and

WHEREAS, the region is hit by a major hurricane about every 15 years; and the Perryman

Report estimates that a “Katrina-like” storm would cause aggregate losses to the Texas economy

of $73 billion in gross product, $61.3 billion in income and 863,000 jobs while causing an

enormous amount of damage to the economy of the United States; and

WHEREAS, storm surge entering Galveston Bay as a result of a hurricane or other significant

storm event tends to increase in height as it moves further up into the Bay and the Houston Ship

Channel, endangering human life, destroying property, and damaging sensitive ecosystems; and

WHEREAS, a coastal barrier system, using manmade sand dunes (revetments covered with sand

and natural grasses) along the length of the coast connecting to the existing Galveston Seawall as

well as large moveable flood gates, is essential to protect the industries, citizens, and

communities in the Houston/Galveston region and to preserve the region’s coastal ecosystem;

and

WHEREAS, such a coastal barrier system currently under serious study is based on a proven

concept directly modeled from other technologies successfully installed around the world -

including in Rotterdam, the Netherlands, St. Petersburg, Russia, along the Thames River in

London, England, and in New Orleans, Louisiana; and

WHEREAS, such a coastal barrier system is technically feasible, economically sound,

environmentally friendly and socially equitable, and justifies funding from the State of Texas to

conduct comprehensive studies to determine the most effective coastal barrier system to

safeguard the entire Houston/Galveston region to include the coastal barrier system currently

under study modeled from proven technologies used in the Netherlands and elsewhere.


Conference of the Texas Municipal League that the League support state funding for studies to

advance the continued development of a coastal barrier system, which would provide

comprehensive protection to the people, industries, businesses, schools, government facilities,

residences, and associated infrastructure within the Houston/Galveston region.

In addition, the Texas Municipal League respectfully encourages the Texas federal delegation to

seek federal funding for the design, construction and maintenance of a coastal barrier system to

provide Hurricane Storm Surge Protection for this nationally strategic area of our state.


day of


38

APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

39

2015


Sponsoring Entity: Texas Chapter of the American Planning Association

Brief Background: Texas has granted broad annexation power to its cities. According to many

national authorities, this annexation power is the primary difference between the flourishing

cities of Texas and the declining urban areas in other parts of the nation. During the 2015

Legislative Session, cities saw the most aggressive attack on municipal annexation authority in

15 years. Legislation that would have essentially ended annexation by requiring a popular vote

was narrowly defeated on procedural grounds. To protect city residents and the state’s economy,

Texas cities must retain the power to annex.

What the Resolution is Intended to Accomplish: This resolution is intended to urge the Texas

Municipal League, in conjunction with the Texas Chapter of the American Planning Association,

to make the preservation of annexation authority one of the highest priorities of the 2017

Legislative Session.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Annexation is a

key power that is necessary for a city to maintain its quality of life and financial security.

Statewide Importance: Municipal annexation authority allows cities to provide the services and

quality of life protections that benefit not just one city, but the economy of the entire state.

Submitted By: Name: Wendy Shabay, AICP

Title: President

City: Texas Chapter of the American Planning Association

Telephone: (817) 735-7259

40

13.

A RESOLUTION OPPOSING THE EROSION OF MUNICIPAL ANNEXTION AUTHORITY

AND DIRECTING LEAGUE STAFF TO WORK IN CONJUCTION WITH THE TEXAS

CHAPTER OF THE AMERICAN PLANNING ASSOCIATION, A LEAGUE AFFILIATE, TO

GATHER DATA AND HIRE CONSULTANTS AS NEEDED TO PREPARE A REPORT ON

THE IMPORTANCE OF ANNEXATION TO THE QUALITY OF LIFE AND FINANCIAL

SECURITY OF THE STATE OF TEXAS

WHEREAS, Texas has granted broad annexation power to its cities; and

WHEREAS, according to many national authorities, this annexation power is the primary

difference between flourishing cities of Texas and the declining urban areas in other parts of the

nation; and

WHEREAS, during the 84th

legislative session, H.B. 2221 and S.B. 1639 were introduced and

would have – among many other things – required a popular vote in an area prior to the area

being annexed; and

WHEREAS, those bills would have essentially ended annexation in Texas; and

WHEREAS, the end of annexation would be detrimental to the citizens of the State of Texas in

terms of quality of life and financial security; and

WHEREAS, further study is needed to show the positive effects of annexation on Texas cities

and the State of Texas.


Conference of the Texas Municipal League that the League continue to oppose legislation that

would erode municipal annexation authority and that the League, in conjunction with the Texas

Chapter of the American Planning Association, expend whatever resources are considered

appropriate by TML’s Board of Directors to gather data and hire consultants to prepare a report

on the importance of annexation to the quality of life and financial security of Texas.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

41

2015


Sponsoring Entity: Texas Fire Chiefs Association

Brief Background: A rider added to the Texas Commission on Fire Protection's 2012-2013

budget in the last few days of the 82nd Legislative Session required the commission to generate

an additional $3.38 million, above and beyond the funds necessary to run the Commission, to be

swept into the state's general revenue fund for general purpose spending. To raise the needed

revenue for the operation of the commission and to return the required $3.38 million to the state,

the commission raised fees by 142 percent. A similar rider in the 2014-2015 budget again

required the commission to generate an additional $3 million to be swept into the state's general

revenue fund. The 84th Legislature made significant progress by cutting in half the excess

amount required, but continued to require the Commission to generate an additional $1.5 million

over the biennium beyond the funding needed to run the Commission.

What the Resolution is Intended to Accomplish: This Resolution requests that TML support

passage of legislation that would remove the specific $1.5 million figure from the Commission

budget. The Texas Fire Chiefs Association would like the Legislature to remove the part of the

rider that obligates the Commission to come up with a specified dollar amount over their

operating expenses, given that it is an unfunded mandate levied on the backs of local

municipalities and taxpayers.

Any additional funds generated by the Commission could still be swept into the state's general

revenue fund, but there would be no “floor” amount of funds that the Commission would be held

to generate. The objective is to be able to reduce the amount that firefighters and Cities have to

pay for certification.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Many firefighters,

and in some cases the cities they work for, see this fee increase as a new, legislatively-imposed

state tax on their profession.

Statewide Importance: Hopefully this change will reduce costs for cities and fire departments

that pay the Commission on Fire Protection for firefighter certifications, and for firefighters who

are individually responsible for paying their certification fees.

Submitted By: Name: Steve Ross

Title: TFCA TML Representative

City: TFCA Affiliate

Telephone: (817) 759-8660

42

14.

A RESOLUTION RELATING TO EXCESSIVE FEES PAID TO THE STATE OF TEXAS BY

TEXAS CITIES AND PAID FIRE PROTECTION PERSONNEL IN REGARD TO THE

REVENUE GENERATED ABOVE WHAT IS REQUIRED TO SELF-FUND THE

COMMISSION ON FIRE PROTECTION

WHEREAS, Chapter 419, of the Texas Government Code, established the Texas Commission on

Fire Protection (TCFP) as the regulatory authority over paid Fire Protection Personnel in Texas;

and

WHEREAS, the 82nd

Legislature’s General Appropriation’s Act (GAA) defined the TCFP as a

self-funded agency with revenues generally coming from examination and certification fees; and

WHEREAS, the GAA contained a Rider (4) requiring the generation of an additional $3.38

million, as well as an additional $3 million in FY 2014/15 budget, above revenues generated to

self-fund the TCFP; and

WHEREAS, the 84th

Legislature’s General Appropriation’s Act (GAA) contained a Rider

requiring the generation of an additional $1.5 million over the biennium, above revenues

generated to self-fund the TCFP; and

WHEREAS, the revenue generated above the monies required to self-fund the TCFP would be

returned to the Texas General Revenue Fund for general purpose spending; and

WHEREAS, the Rider included in the GAA resulted in the continued unmerited increase in fees

paid by Texas Cities and paid Fire Protection Personnel to generate revenue for the Texas

General Revenue Fund ; and

WHEREAS, Texas Cities, nor paid Fire Protection Personnel, should not be levied fees above

the amount required to self-fund the TCFP.

NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual

Conference of the Texas Municipal League that the League support the elimination of any

mandate on the Texas Commission on Fire Protection to generate revenues above what is

required to self-fund the agency. The passage of this legislation would benefit all Texas Cities

with paid Fire Protection Personnel throughout the State of Texas, as well as those Cities that

voluntarily certify their fire personnel through the TCFP.


day of


APPROVED:

_____________________________

Nelda Martinez

President

43

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

44

2015


Sponsoring Entity: Texas Municipal Library Directors Association

Brief Background: TexShare is a program that allows public libraries across the state to share

resources. Administered by the Texas State Library and Archives Commission, these programs

offer several services, including an e-resource and database program. Through TexShare, public

library users benefit from cost effective access to a broad array of online journals, reports,

market information, learning materials and many other resources.

What the Resolution is Intended to Accomplish: Maintain and increase funding for TexShare

services to municipal library users.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Municipal

libraries are struggling to keep up with increased populations and the demand for additional

types of materials, particularly in the following areas:

1. STEAM (Science, Technology, Engineering, Arts and Math) resources;

2. Digital language learning (resources for self-paced 24/7 tools to allow Texans to

communicate, compete and conduct commerce globally); and

3. Interactive and streaming resources to enhance remote learning and support diverse

learning styles.

Statewide Importance: No individual municipality would be able to afford over sixty

educational databases for their residents of all ages. Through their local libraries, all Texans, no

matter they are rural or urban, have access to the same information. Currently, every year,

Texans log in millions and millions of times.

Submitted By: Name: Cathy Ziegler

Title: Director of Libraries

City/Affiliate: TMLDA

Telephone: (972) 769-4298

45

15.

A RESOLUTION SUPPORTING THE APPROPRIATION OF FUNDS THAT DIRECTLY

BENEFIT PUBLIC LIBRARY SERVICE, INCLUDING FUNDING FOR TEXSHARE

DATABASE


Conference of the Texas Municipal League that the League support legislation that would either

appropriate funds or directly benefit public library service, including funding for TexShare

databases.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

46

2015



Brief Background: Local public libraries play a part in developing workforce and economic

development programs. Libraries play an important role as community hubs for people preparing

to enter the job market, seeking employment, or retraining for a better opportunity.

What the Resolution is Intended to Accomplish: Fund additional staff in the Texas State

Library and Archives Commission to offer training and consultation with municipal libraries in

workforce development and economic development programs. To increase workforce support

services, Texas librarians need greater training and access to workforce program expertise.

Library staff need to be able to answer the customer demand for programs on finding a job

(especially important for students), writing a resume and cover letter, preparing for interviews

and filling out applications online. Fund library grants to local public libraries for resources such

as online practice tests for GED and certification exams (EMS, civil service, many other);

tutorials on software programs, like Microsoft products; books, ebooks, and journals on job

searching, career development and industry practices.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Cities increase

economic development through the availability of a skilled, trained and re-trained labor force. As

trusted public institutions, municipal libraries, collaborating with local Workforce Solutions

Boards, make citizens feel comfortable learning new skills in a no-cost environment.

Statewide Importance: The State needs to have a ready trained work force to continue

attracting business to the State. Residents with jobs are less likely to need state funded social

services. This resolution is supported by the Texas Association of Workforce Boards.




Telephone: (972) 769-4298

47

16.

A RESOLUTION TO SUPPORT LEGISLATION THAT WOULD APPROPRIATE FUNDS

TO SUPPORT THE ROLE PUBLIC LIBRARIES PLAY IN THE WORKFORCE AND

ECONOMIC DEVELOPMENT IN LOCAL COMMUNITIES


Conference of the Texas Municipal League that the League support legislation that would

appropriate funds to support the role public libraries play in the workforce and economic

development in local communities.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

48

2015



Brief Background: Due to the large state cuts to library programs in 2011 (which totaled over

$25 million in state funds), Texas almost lost federal funds for subsequent years. While a federal

waiver was granted on the maintenance of effort requirement, Texas must continue to restore

funds to libraries to keep its share of federal funding.

What the Resolution is Intended to Accomplish: The $7.25M in funding restored in 2013, and

the $6.4M additionally restored in 2015 are important steps, but the State must continue to

rebuild funding in order to allow libraries to support our state’s knowledge-based economy.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Federal funds are

passed through the state and made available to local libraries. Local libraries are able to

participate in statewide access to library databases. Libraries are asked to cost-share some of the

expense for database access, contributing about 30% of the overall cost of the databases. Less

affluent and smaller communities pay on a smaller scale. This arrangement increases the quality

of life for local communities and reduces the local cost of that achievement.

Statewide Importance: The great value of the statewide purchasing arrangement through the

Texas State Library and Archives Commission is that local libraries are able to access quality

resources for a minimal but strategic investment. Any person, researcher, entrepreneur, student,

or parent statewide benefits from the resources at Texas libraries. Texas libraries enable

businesses, and self-employed individuals to improve their economic activities, and assist

individuals to obtain employment. Texas libraries contribute to a more educated workforce and

higher quality of life, both of which are vital for sustained economic development.




Telephone: (972) 769-4298

49

17.

A RESOLUTION TO SUPPORT THE DESIGNATION OF LIBRARY FEDERAL DOLLARS

TO THE STATE OF TEXAS


Conference of the Texas Municipal League that the League support the designation of library

federal dollars to the State of Texas.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

50

2015



Brief Background: In 2015, the bill to extend the state’s current telecommunications program

for libraries, schools, institutions of higher education, and hospitals did not go forward, and the

statute (H.B. 2128 back in 1995) will expire.

What the Resolution is Intended to Accomplish: Support a new legislative strategy to

promote and strengthen broadband access across educational institutions, including municipal

libraries.

How the Resolution is City-Related/How it Addresses a Municipal Issue: In many Texas

municipalities, the local public library provides the only free access to the internet. According to

a Pew Research study, Library Services in the Digital Age released in 2013, 26% of Americans

ages 16 and older said they used library computers or the library WiFi connection to go online in

the previous twelve months.

Of those:

• 66% did research for school or work.

• 54% say they used email.

• 47% say they got health information.

• 41% say they visited government websites or got information about government services.

• 36% say they looked for a job or applied for jobs online.

• 16% say they bought a product online.

• 16% say they paid bills or did online banking.

• 16% say they took an online class or completed an online certification program.

Cities want to eliminate the “digital divide” that prevents some of their citizens from full

participation in the modern world.

Statewide Importance: It is in the interest of all Texas municipalities that their citizens have

access to sufficient and reliable internet bandwidth to assure opportunity for participation in the

way ordinary life is lived in the 21st century.




Telephone: (972) 769-4298

51

18.

A RESOLUTION TO SUPPORT A NEW LEGISLATIVE STRATEGY TO PROMOTE AND

STRENGTHEN BROADBAND ACCESS ACROSS EDUCATIONAL INSTITUTIONS,

INCLUDING PUBLIC LIBRARIES


Conference of the Texas Municipal League that the League support a new legislative strategy to

promote and strengthen broadband access across educational institutions, including public

libraries.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

52

2015



Brief Background: Public library buildings function as community centers, meeting places, the

heart of the community, the “town plaza.” Library buildings are a source of pride in their

communities.

What the Resolution is Intended to Accomplish: Include library buildings, their furnishing

and surroundings as eligible community elements for funding in strategies for constructing,

renovating, refurbishing or renewing public spaces.

How the Resolution is City-Related/How it Addresses a Municipal Issue: This resolution

gives municipalities more options when designing and redesigning their communities for the

enjoyment of their citizens and the attraction of businesses to their strong vibrant cities.

Statewide Importance: Public libraries increase the quality of life in municipalities across the

state. All municipalities should be able to include these sources of pride to showcase their public

spaces.




Telephone: (972) 769-4298

53

19.

A RESOLUTION TO SUPPORT LEGISLATION THAT WOULD ENSURE LIBRARIES ARE

INCLUDED AS ELIGIBLE PARTNERS AND BENEFICIARES IN ANY STRATEGY OR

GUIDELINE AIMED AT CONSTRUCTING OR IMPROVING PUBLIC SPACES


Conference of the Texas Municipal League that the League support legislation that would ensure

libraries are included as eligible partners and beneficiaries in any strategy or guideline aimed at

constructed or improving public spaces.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

54

2015



Brief Background: The state legislature increasingly seeks to legislate in areas best left to local

control.

What the Resolution is Intended to Accomplish: Stop legislation that hinders public library

service.

How the Resolution is City-Related/How it Addresses a Municipal Issue: Cities know best

what library services are needed in their communities and how best to administer those local

library services.

Statewide Importance: Any state requirements must be accompanied with the necessary

funding to comply with state requirements.




Telephone: (972) 769-4298

55

20.

A RESOLUTION OPPOSING UNFUNDED MANDATES THAT WOULD BE

DETRIMENTAL TO THE PUBLIC LIBRARY SERVICE


Conference of the Texas Municipal League that the League opposing unfunded mandates that

would be detrimental to the public library service.


day of


APPROVED:

_____________________________

Nelda Martinez

President

ATTEST:

____________________________________

Bennett Sandlin

Executive Director

2015 resolutions submitted to committee

Documents