First Special Session: City-Related Bills Filed

PROPERTY TAX

1H.B. 83 (Flynn) – Capital Appreciation Bonds: would: (1) prohibit a county, city, special district, school district, junior college district, or other political subdivision from issuing capital appreciation bonds that are secured by property taxes unless: (a) the bonds have a scheduled maturity date that is not later than 20 years after the date of issuance; (b) the governing body of the political subdivision has received a written estimate of the cost of the issuance; (c) the governing body of the political subdivision has determined if any personal or financial relationship exists between members of the governing body and any financial advisor, bond counsel, bond underwriter, or other professional associated with the bond issuance; and (d) the governing body posts various information relating to the bond issuance on the political subdivision’s website; (2) provide that the total amount of capital appreciation bonds may not exceed 25 percent of the political subdivision’s total outstanding bonded indebtedness at the time of the issuance; and (3) provide that a county, city, special district, school district, junior college district, or other political subdivision may not extend the maturity date of an issued capital appreciation bond. 

COMMUNITY AND ECONOMIC DEVELOPMENT

1H.B. 69 (Callegari) – Eminent Domain Reporting: would amend the provisions of S.B. 18 (2011) to provide that an entity, including a city, that did not submit the required letter to the comptroller describing its power of eminent domain prior to December 31, 2013, may not exercise the entity’s power of eminent domain before the 90th day after the date the entity submits a letter to the comptroller.  (Note:  Under S.B. 18, a city that did not submit a letter by the deadline may not exercise the power of eminent domain.  This bill would give those cities that missed the deadline the ability to submit and once again use the power of eminent domain.)

1S.J.R. 8 (Campbell) – State Rainy Day Fund:  would amend the Texas Constitution to provide that the legislature may, by a two-thirds vote of the members present in each house, appropriate amounts from the economic stabilization fund to: (1) repay state debt; (2) reduce state taxes; (3) pay costs associated with a state of disaster declared by the governor; or (4) pay costs associated with a natural disaster or an emergency identified by the legislature. 

PUBLIC SAFETY

1H.B. 71 (Flynn) – Emergency Vehicles: would provide that: (1) on the immediate approach of a police vehicle using an audible or visual signal, an operator, unless otherwise directed by a police officer, must yield the right-of-way, move as far as possible to the right edge or curb of the road, and stop until the authorized emergency vehicle has passed; and (2) the operator of an authorized emergency vehicle may proceed through a signal, exceed the speed limit, and disregard a regulation governing the direction of movement or turning if the vehicle is: (a) responding to an emergency call; (b) pursuing a violator; (c) responding to a fire alarm; (d) directing or diverting traffic for public safety; or (e) conducting a police escort (the criteria in (a)-(e) would not apply to parking or standing an emergency vehicle).

1H.B. 79 (White) – Juvenile Facilities: would add juvenile facilities and correctional officers at juvenile facilities to the Penal Code provision prohibiting improper sexual activity with individuals in custody.

1H.B. 84 (White) – Official Oppression:  would, for purposes of the offense of official oppression, define “public servant” to include:  (1) an officer, employee, or agent of:  (a) the United States; (b) a branch, department, or agency of the United States; or (c) another person acting under a contract with a branch, department, or agency of the United States to provide a security or law enforcement service; or (2) any other person acting under color of federal law.

TRANSPORTATION

1H.J.R. 19 (Harper-Brown) – Transportation Funding:  would amend the Texas Constitution to: (1) provide for the transfer of general revenue to the state highway fund and the economic stabilization fund; and (2) authorize the payment from the state highway fund of the principal and interest on certain highway improvement bonds.

1S.J.R. 9 (Davis) – Transportation Funding:  would amend the Texas Constitution to: (1) provide for the transfer of certain general revenue to the state highway fund, the foundation school fund, and the economic stabilization fund; and (2) authorize the payment from the state highway fund of the principal and interest on certain highway improvement bonds.

TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part  of this document without the written authorization of the Texas Municipal League.

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