Upload
phungthu
View
218
Download
0
Embed Size (px)
Citation preview
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
2
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
TML RESOLUTION COVER SHEET
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.
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 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.
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
11
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
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
13
ATTEST:
____________________________________
Bennett Sandlin
Executive Director
14
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
PASSED AND APPROVED by the membership of the Texas Municipal League this 22nd
day of
September, 2015, at San Antonio, Texas.
16
APPROVED:
_____________________________
Nelda Martinez
President
ATTEST:
____________________________________
Bennett Sandlin
Executive Director
17
2015
TML RESOLUTION COVER SHEET
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;
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 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.
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
20
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
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
22
ATTEST:
____________________________________
Bennett Sandlin
Executive Director
23
2015
TML RESOLUTION COVER SHEET
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.
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 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.
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
25
2015
TML RESOLUTION COVER SHEET
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.
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 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.
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
27
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
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
29
2015
TML RESOLUTION COVER SHEET
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;
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
PASSED AND APPROVED by the membership of the Texas Municipal League this 22nd
day of
September, 2015, at San Antonio, Texas.
31
APPROVED:
_____________________________
Nelda Martinez
President
ATTEST:
____________________________________
Bennett Sandlin
Executive Director
32
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
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
36
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
PASSED AND APPROVED by the membership of the Texas Municipal League this 22nd
day of
September, 2015, at San Antonio, Texas.
38
APPROVED:
_____________________________
Nelda Martinez
President
ATTEST:
____________________________________
Bennett Sandlin
Executive Director
39
2015
TML RESOLUTION COVER SHEET
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.
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at the 2015 Annual
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.
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
41
2015
TML RESOLUTION COVER SHEET
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.
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
43
ATTEST:
____________________________________
Bennett Sandlin
Executive Director
44
2015
TML RESOLUTION COVER SHEET
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
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual
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.
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
46
2015
TML RESOLUTION COVER SHEET
Sponsoring Entity: Texas Municipal Library Directors Association
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.
Submitted By: Name: Cathy Ziegler
Title: Director of Libraries
City/Affiliate: TMLDA
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
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual
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.
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
48
2015
TML RESOLUTION COVER SHEET
Sponsoring Entity: Texas Municipal Library Directors Association
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.
Submitted By: Name: Cathy Ziegler
Title: Director of Libraries
City/Affiliate: TMLDA
Telephone: (972) 769-4298
49
17.
A RESOLUTION TO SUPPORT THE DESIGNATION OF LIBRARY FEDERAL DOLLARS
TO THE STATE OF TEXAS
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual
Conference of the Texas Municipal League that the League support the designation of library
federal dollars to the State of Texas.
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
50
2015
TML RESOLUTION COVER SHEET
Sponsoring Entity: Texas Municipal Library Directors Association
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.
Submitted By: Name: Cathy Ziegler
Title: Director of Libraries
City/Affiliate: TMLDA
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
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual
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.
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
52
2015
TML RESOLUTION COVER SHEET
Sponsoring Entity: Texas Municipal Library Directors Association
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.
Submitted By: Name: Cathy Ziegler
Title: Director of Libraries
City/Affiliate: TMLDA
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
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual
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.
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
54
2015
TML RESOLUTION COVER SHEET
Sponsoring Entity: Texas Municipal Library Directors Association
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.
Submitted By: Name: Cathy Ziegler
Title: Director of Libraries
City/Affiliate: TMLDA
Telephone: (972) 769-4298
55
20.
A RESOLUTION OPPOSING UNFUNDED MANDATES THAT WOULD BE
DETRIMENTAL TO THE PUBLIC LIBRARY SERVICE
NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2015 Annual
Conference of the Texas Municipal League that the League opposing unfunded mandates that
would be detrimental to the public library service.
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