April 19, 2019, Number 16

Download the full pdf version: TML Legislative Update Number 16

Cities Under Siege: You Must Act Now

City officials are under unprecedented attack at the Capitol. You are being publicly painted as the enemy of your own residents. According to many legislators, your actions are an affront to liberty and property rights. The only chance to stop the following harmful bills is for elected city officials to take the recommended action on those that affect your city. To find out who represents your city, click here.

  • Revenue Caps.  S.B. 2 (Bettencourt) and H.B. 2 (Burrows).  Bills would lower the property tax rollback rate from 8 percent to 3.5 percent and 2.5 percent, respectively.  Smaller cities would get some relief depending on bill and size of city.

Action Item:  Contact House members now to oppose, especially at the punitively low figures of 2.5 and 3.5 percent.

  • Silencing Cities.  S.B. 29 (Hall).  Cities could not expend funds to influence legislation or pay dues or compensation to an organization, including TML, that influences legislation.  This informational edition of the Legislative Update would likely be illegal if this bill passes.

Action Item:  Contact House members now, as the bill has passed the Senate and the House version has 44 co-authors.

  • Cable/Telecom Franchise Fees.  S.B. 1152 (Hancock) and H.B. 3535 (Phelan).  Would drastically cut the fees cities receive for use of city property by companies that provide both video and phone service.

Action Item:  Contact House members now, as the bill has passed the Senate.

  • Annexation.  H.B. 347 (King).  Bill would eliminate unilateral annexation for cities in counties under 500,000 population, similar to what legislation (S.B. 6) did last session to cities in counties with 500,000 or more population.

Action Item:  Contact Senators now, as bill has already passed the House.

  • Trees/Plants.  H.B. 969 (Springer).  Bill would preempt regulation of “noxious” plants, likely in a way that would jeopardize tree preservation ordinances.

Action Item:  Contact House members now, especially members of Calendars Committee. 

  • Building Materials.  H.B. 2439 (Phelan).  Bill would preempt city ordinances relating to building materials, allowing any material to be used provided it’s listed in an international building code.

Action Item:  Contact House members now, especially members of Calendars Committee. 

  • Super-Preemption for Business or Occupations.  H.B. 3899 (Springer).  Would preempt cities from regulating nearly any aspect of business operations provided the business is located in more than one Texas city.  S.B. 1209 (Hancock).  Would prohibit a city from regulating many aspects of a business that holds a license or permit from the state.

Action Item:  Contact House members now on H.B. 3899, especially members of Calendars Committee. Contact Senators on S.B. 1209.

  • Development Shot Clocks.  H.B. 3167 (Oliverson).  Bill would put a “shot clock” in place during which time a city must approve development plans, or else they’re deemed granted.

Action Item:  Contact House members now, especially members of Calendars Committee.

  • Firefighter Misconduct.  H.B. 1895 (Nevarez).  Bill would apply civil service misconduct and discipline rules to all city fire departments, not just cities over 10,000 population that have adopted civil service by election.

Action Item:  Contact House members now, especially members of Calendars Committee.

  • ETJ Authority.  H.B. 3417 (Toth).  Bill would preempt city authority in the ETJ except in those specific instances where state law expressly authorizes it

Action Item:  Contact House members now. 

 Editor’s Note:  The links above lead to the bill’s landing page on the Texas Legislature Online website.  To read the latest version, click on the “text” tab and click on the lowest version on the screen.

Disclaimer

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.