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HomeMy WebLinkAbout11-18-19 Legislative Update FINAL 8.5.19 CITY-RELATED HIGHLIGHTS OF 86th LEGISLATURE Denis McElroy, Section Chief Jessica Sangsvang, Senior Assistant City Attorney Monday, August 5, 2019 1 By the Numbers 2 2 FINANCE AND ADMINISTRATION Taxes and Finance - Property Tax MAJOR changes in store from the adoption of SB 2 (effective 1/1/2020) Among the headlines Rollback rate has been renamed and lowered to 3% from 8% Adopting a tax rate greater than rollback results in AUTOMATIC November election Multiple changes to budget/tax rate process – dates change, additional filings are required Cannot lower first responder “total compensation” from FY20 to FY21 Multiple changes to the property appraisal/appeal process Easier to appeal values – meaning greater uncertainty for City when it comes to budgeting (HB 380, effective 9/1/2019) Automatic exemption for disaster-damaged property – so a city or county dealing with the aftermaths of a tornado or hurricane might have less funds to do so (HB 292, HJR 34, effective 1/1/2020 if constitutional amendment passes) City can now waive penalties and interest in limited cases (HB1885, effective 1/1/2020) 3 Disabled veteran changes and surviving spouse exemptions reduce City revenue 3 FINANCE AND ADMINISTRATION Taxes and Finance – Sales Tax Legislature made changes to address on-line sales A “marketplace provider” (think eBay) is treated like the seller when it comes to collecting, remitting, and reporting taxes, which are tied to where product is shipped/delivered and a new “single local use tax rate” (average of all sales tax rates statewide) could apply (HB1525, HB2153, effective 10/1/2019) “Amusement services” (most events) at the Dickie’s Arena are exempt from sales tax (HB3386, effective 10/1/2019) 4 Disabled veteran changes and surviving spouse exemptions reduce City revenue 4 FINANCE AND ADMINISTRATION Taxes and Finance – Misc Revenues Companies using City ROW to provide multiple services (telecom and cable) only pay a single fee (SB1152, effective 9/1/2019, for payments beginning 1/1/2020) City will have to take action before November in order to keep receiving a portion of bingo-jackpot proceeds (HB914, effective 9/1/2019) 5 Disabled veteran changes and surviving spouse exemptions reduce City revenue 5 FINANCE AND ADMINISTRATION Taxes and Finance – Misc Revenues City will be able to engage third party to go over unpaid local fees for alcoholic beverage licenses/permits (HB3754, effective 9/1/2019) The sporting good sales tax intended to support parks may finally be constitutionally dedicated for that purpose (SB26, SJR24, effective 9/1/2021 if November constitutional election passes) 6 Disabled veteran changes and surviving spouse exemptions reduce City revenue 6 FINANCE AND ADMINISTRATION Taxes and Finance – Bonds and Budgeting The City will have to provide additional information and notices when it’s holding a bond election and the period paying back bonds cannot be much longer than the expected useful life of the bond-funded assets (HB440, HB477 effective 9/1/2019) A 1295 form is required for all lobbying contracts (HB1495, effective immediately) and more information about lobbying must be posted on the City’s website (SB65, effective 9/1/2019) 7 Disabled veteran changes and surviving spouse exemptions reduce City revenue 7 FINANCE AND ADMINISTRATION Taxes and Finance – Purchasing and Contracts Interior design is now a statutory professional service under 2254, meaning it has to be acquired using RFQ process (HB2868, effective 9/1/2019) The “Boycotting Israel” language is now only required on some contracts (not to contract with sole proprietorship; only if contract value is $100K or more and contracting entity has 10 or more full-time employees) (HB793, effective immediately) For a transportation project, the contractor cannot be held liable for design defects (HB2899, effective immediately) In dealing with a construction defect, new steps must be met before the City can file a lawsuit (HB1999, effective 9/1/2019) City public work contracts that include state funding cannot encourage or discourage entering into union contracts (HB985, effective 9/1/2019) 8 Disabled veteran changes and surviving spouse exemptions reduce City revenue 8 FINANCE AND ADMINISTRATION Litigation In filing a claim against architect, engineer, other professional, a claimant (including City) must include an affidavit from another person in same profession (SB1928, effective immediately) Rock climbing is officially a recreational use for tort liability (HB687/SB230, effective immediately) For a transportation project, the contractor cannot be held liable for design defects (HB2899, effective immediately) The City’s ability to file motions to dismiss is being limited in certain cases (HB2730, effective 9/1/2019) 9 Disabled veteran changes and surviving spouse exemptions reduce City revenue 9 FINANCE AND ADMINISTRATION Litigation City could be subject to additional liability if claimed to have taken/not taken action on basis of person’s religion (SB1978, effective 9/1/2019) City must meet new requirements to engage attorney to work on contingent fee basis (for ex., tobacco lawsuits from years back) (HB2826, effective 9/1/2019) Added immunity for folks assisting in disaster response (HB3365, effective immediately) Operators/dispatchers and other “emergency response personnel” are now first responders for purposes of filing a worker’s comp suit (and the City’s waiver of immunity) (HB1090, effective 9/1/2019) 10 Disabled veteran changes and surviving spouse exemptions reduce City revenue 10 FINANCE AND ADMINISTRATION Economic Development The City will have to provide at least 30 days notice of proposed tax abatements (HB3143, effective 9/1/2019) More events are eligible for funding under the Major Events Reimbursement Program (hello Wrestlemania) (HB2402, effective immediately) The ability to create a tourism (hotel) public improvement district has been broadened and it’s easier to add hotels to existing TPIDs (HB1136, effective immediately) 11 Disabled veteran changes and surviving spouse exemptions reduce City revenue 11 FINANCE AND ADMINISTRATION Property Tax Exemptions Adds the ability for an heir to claim a property tax exemption even if the title to the property has not been probated correctly (SB1943, effective Sept. 1st) If City takes possession of property under a possession and use agreement or pursuant to pending eminent domain litigation, taxes are calculated based on the number of days that elapsed prior to the effective date of the agreement or date of possession in pending eminent domain proceeding (SB2083, effective immediately) 12 Israel: reads as if the intent is for contracts entered into after Sept. 1st. HB 3021: State law limits the provisions contained in a contract between an architect or engineer and a governmental agency. 12 FINANCE AND ADMINISTRATION Property Allows business entity to execute an affidavit identifying one or more individuals with authority to engage in a real estate transaction, including selling and applying for zoning, platting, or other governmental permits on behalf of the entity, required to be recorded, provides good faith reliance on affidavit (HB1833, effective Sept. 1, 2019) 13 13 FINANCE AND ADMINISTRATION Property Tax Sale If directed by the commissioners court of the county, a public resale of property by a taking unit must be conducted using online bidding and sale (HB1652, effective immediately) Provides auctioneer’s commission and fee in the cost of a sale by auction of tax foreclosed property (HB2650 & HB2650, effective immediately) Provides that owner of real property sold at a tax sale who is entitled to redeem the property may not transfer the owner’s right of redemption to another person (SB1642, effective immediately) 14 14 FINANCE AND ADMINISTRATION Elections Provides specific requirements for establishing candidate residency after temporary absence, and such requirements do not apply to person displaced because of disaster (HB831, effective Jan. 1, 2020) Requires information on persons who vote by personal appearance or mail during early voting to be posted on the website of the authority ordering the election each day and the early voting clerk is required to provide such information (HB1850, effective Sept. 1, 2019) Ballot preparation: HB 2075 allows the use of any surname acquired by law or marriage HB 4129 authority may choose to omit candidate if candidate withdrawal is filed after deadline, but in compliance with other requirements HB 1067 authority may choose to omit candidate if deceased before the deadline for filing an application “Deep fake video” is defined and creates criminal offense if published or distributed within 30 days of an election (SB 751, effective Sept. 1, 2019) Other minor tweaks (HB 3100 voter registration address of spouse of peace officer confidential, HB 1888 designating temporary branch polling places, HB 1421 election cybersecurity, HB 1241 election location notice specifications) 15 15 FINANCE AND ADMINISTRATION Open Meetings Citizens must be allowed to comment before the Council or a quasi-judicial board (ex. Plan Commission) considers/acts on an item (HB1440, effective 9/1/2019) A walking quorum is once again illegal (SB1640, effective 9/1/2019) Cybersecurity Council authorized to conduct a closed meeting to deliberate security assessments, network security information, and specific occasions for implementation of critical infrastructure or security devices; places new measures on state agencies to ensure cybersecurity protection; provides that certain information related to cyber security is confidential under certain circumstances (HB8, SB532 and SB564, effective Sept. 1, 2017) 16 Texas Cybersecurity Act: closed meeting aspect as well as PIA aspect (ex: passwords, personal identification numbers, access codes, encryption, or other components of a city’s security system are confidential) 16 FINANCE AND ADMINISTRATION Public information Provides information relating to cost for parade, concert, or other entertainment event paid for in whole or part with public funds is subject to PIA; cannot include confidentiality clause in contract or void (HB81, effective immediately) Provides home address, home telephone number, emergency contact information, social security number, family member information, and date of birth of current and former military are confidential under PIA (HB1351, effective Sept. 1, 2019) Provides that certain personally identifying information of a person obtains animal from shelter is confidential, but provides disclosure in limited circumstances for the protection of public health and safety (HB2828, effective immediately) 17 SB 79: doesn’t really change anything for CFW 17 FINANCE AND ADMINISTRATION Public information Continued Makes information related to the layout of a family violence shelter or trafficking shelter center confidential and creates criminal offense for disclosing information (HB3091, effective Sept. 1, 2019) Makes various changes to “contracting information” under the PIA, overrules Boeing case, requires specific language be included in certain contracts that states the PIA applies to the contract (SB943, effective Jan. 1, 2020) Defines “temporary custodian” under the PIA, requires temporary custodian to preserve public information contained on private device in a certain way, provides options for governmental body to accept PIA request (SB944, effective Sept. 1, 2019) (PIA liaisons will get additional training) Allows permitted viewings of a body worn camera recording to certain individuals in certain circumstances, and the viewing is not considered a release for purpose of the PIA (HB4236, effective Sept. 1, 2019) 18 SB 79: doesn’t really change anything for CFW 18 Community and economic development Annexation Ends most unilateral annexations by any city regardless of population or location; Specifically, the bill eliminates the distinction between Tier 1 and Tier 2 cities and counties created by SB6 (2017) (HB347, effective immediately) Provides that the disapproval of the proposed annexation of an area does not effect any existing legal obligation of the city to provide governmental services to the area, and a city that makes wholesale sale of water to a special district cannot charge higher rates because of the disapproval (HB4257, effective immediately) Building Materials City cannot regulate building materials or methods beyond those in a nationally-recognized building code (HB2439, effective Sept. 1, 2019) 19 Venue projects: allows MFFW to get a cut of liquor money 19 Community and economic development Local Historic Landmarks Prohibits city from designating a property as a local historic landmark unless the owner consents or the designation is approved by ¾ vote of city council and zoning, planning, or historical commission (HB2496, effective immediately) Board of Adjustments Requires city council to approve rules adopted by the board of adjustment and provides for certain appeal procedures and rights (HB2497, effective Sept. 1, 2019) Land Development Applications/Replats Makes numerous changes to the subdivision platting approval process and will likely require changes to the subdivision ordinance, zoning, and the Unified Development Code (HB3167, effective Sept. 1, 2019) Provides that a replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat under certain circumstances (HB3314, effective Sept. 1, 2019) 20 Venue projects: allows MFFW to get a cut of liquor money 20 Community and economic development City and ETJ Mapping Requires digital map of city limits and ETJ to be maintained in certain offices and on the website (SB 1303, effective immediately) Rough Proportionality Developer’s portion of costs for municipal infrastructure may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds license retained by city and city’s determination shall be completed within 30 days following submission of the developer’s application (SB 1610, effective immediately) Billboards Modifies TxDOT outdoor advertising provision to provide signs may not be higher than 60 feet, provides exception for signs existing prior to March 1, 2017, and provides certain rebuilding limitations (SB 357, effective Sept. 1, 2019) 21 Venue projects: allows MFFW to get a cut of liquor money 21 Community and economic development Affordable Housing Alters the scoring system for an application for a low income housing tax credit by authorizing the Texas Department of Housing and Community Affairs to use the maximum number of points that could have been awarded based on a written statement by a state representative to increase the maximum number of points that may be awarded for the application attributable to community participation on the basis of a resolution from the applicable city or county government when no written statement is received for an application from the state representative who represents the district containing the proposed development site (HB1973, effective Sept. 1, 2019) 22 Venue projects: allows MFFW to get a cut of liquor money 22 Personnel, municipal courts, and public safety Public Disasters Adds a property tax exemption for property located in an area declared by governor to be a disaster area to provide temporary relief (HJR34, effective if approved at election on November 5, 2019) Lengthens duration of a residence homestead tax exemption for property that is rendered uninhabitable by a casualty from two years to five years in certain circumstances (SB443, effective immediately) Defines “disaster recovery program” as a disaster recovery program administered by the General Land Office or by a political subdivision that is funded with CDBG disaster recovery money (SB812, effective immediately) Requires the General Land Office enter into indefinite quantity contracts with specific terms with vendors for various services in the event of a natural disaster (SB300, effective Sept. 1, 2019) 23 23 Personnel, municipal courts, and public safety Public Disasters Provides for alternative open meetings posting requirements under disaster situations (SB494, effective Sept. 1, 2019) On September 1, 2019, administration of the Texas Division of Emergency Management shall transfer from the Department of Public Safety to the Texas A&M University System (HB2794, effective immediately & SB799, effective Sept. 1, 2019) Requires certain training for emergency management coordinator, requires Texas Division of Emergency Management to develop disaster recovery task force, and provides other appropriations for the coastal erosion response account (HB6, effective Sept. 1, 2019) Provides governor’s office to compile and maintain comprehensive list of regulatory statutes and rules for emergency situations (HB7, effective Sept. 1, 2019) 24 24 Personnel, municipal courts, and public safety Public Disasters Requires the Texas Division of Emergency Management to contract with vendors to develop and maintain an electronic disaster case management system, which may be used by municipalities or counties affected by disaster (HB1307, effective Sept. 1, 2019) Creates a state-wide communications plan to be used during disasters, including text, social media, web portals, etc. (HB2325, effective Sept. 1, 2019) Requires the comptroller to update the state contract management guide to include contract management standards and information for contracts related to emergency management and include specific standards (SB986, effective Sept. 1, 2019) Provides that the Texas Division of Emergency Management in consultation with the Department of State Health Services and local governmental entities to develop a plan to increase capabilities of local emergency shelters to provide services for the specialty care population during a disaster (SB982, Sept. 1, 2019) 25 25 Personnel, municipal courts, and public safety Public Disasters Provides the creation of task forces, working groups, and other resources to provide coordination between federal agencies, state agencies, local governmental entities, private entities, and nonprofit entities (HB2340, effective Sept. 1, 2019) Creates the Institute for Disaster Resilient Texas as a component of Texas A&M University to provide better data analytics to decision-makers and the public (HB2345, effective immediately) Provides further coordination of disaster management on a state level (HB5, Sept. 1, 2019) Requires the Texas Division of Emergency Management to develop a model guide for local officials regarding disaster response and recovery (SB6, effective Sept. 1, 2019) Expands the types of offenses for which punishments is increased if committed in a disaster area (HB1028, effective Sept. 1, 2019) Provides a certain exception to an unlicensed person carrying a handgun while evacuating certain disasters (HB1177, effective Sept. 1, 2019) Provides the Texas Division of Emergency Management shall identify methods for hardening utility facilities and critical infrastructure in order to maintain operations of essential services during disasters (HB2320, effective Sept. 1, 2019) 26 26 Personnel, municipal courts, and public safety Code Compliance The City must allow occasional sale by minors of lemonade and other nonalcoholic beverages on private property or City park (HB234, effective 9/1/2019) Small processors of rabbit/poultry are less regulated (HB410, effective 9/1/2019) The City’s ability to regulate farmer’s markets is further restricted (HB1694, SB932, effective 9/1/2019) 27 Texas Cybersecurity Act: closed meeting aspect as well as PIA aspect (ex: passwords, personal identification numbers, access codes, encryption, or other components of a city’s security system are confidential) 27 Personnel, municipal courts, and public safety Code Compliance The City’s ability to regulate cottage food industries is further restricted (SB572, effective 9/1/2019 Dogs can be allowed in outside dining areas of restaurants meeting certain conditions (SB476, effective 9/1/2019) The Pool and Spa Code as it existed 5/1/2019 applies to all construction of pools/spas (HB2858, effective 9/1/2019) Code officers can be allowed to carry clubs to deter animal bites (HB2584, effective 9/1/2019) 28 Texas Cybersecurity Act: closed meeting aspect as well as PIA aspect (ex: passwords, personal identification numbers, access codes, encryption, or other components of a city’s security system are confidential) 28 Personnel, municipal courts, and public safety Peace Officer Disease Presumption Provides that peace officers, and in some cases family member, are entitled to certain preventative immunizations for diseases and creates a presumption for certain diseases that they resulted during the course and scope of employment in certain circumstances (SB1582, effective Sept. 1, 2019) Firefighter and EMT Disease Presumption Modifies current law to provide that certain fire fighters and emergency medical technicians who suffer certain cancers resulting in death or disability are presumed to have developed the cancer during the course and scope of employment, provides changes to the claims assessment and judicial processes (SB2551, effective immediately) 29 29 Personnel, municipal courts, and public safety Survivor Benefits Requires city to submit certain documentation to the state not later than the 30th day after the date of the death of a peace officer that occurs in the performance of duties (HB872, effective Sept. 1, 2019) 30 30 Personnel, municipal courts, and public safety Law Enforcement Training Adds basic education and training requirements on the trafficking of persons in the minimum curriculum requirements for peace officers (HB292, effective Sept. 1, 2019) Provides that the Texas Commission on Law Enforcement shall adopt rules to allow military service credit towards meeting training hours for intermediate, advanced, or master proficiency certification (HB971, effective Sept. 1, 2019) Adds required peace officer training program to document, investigate, and recognize cases involving child abuse or neglect, family violence, and sexual assault (SB587, effective Sept. 1, 2019) Provides the minimum curriculum training and education for peace officers include instruction in recognizing circumstances that a victim may have been assaulted by strangulation or suffocation (SB971, effective Sept. 1, 2019) 31 31 Personnel, municipal courts, and public safety Hemp Regulates production of hemp, gives state primary regulatory authority over the production of hemp, and prohibits city from enacting laws to prohibit hemp (HB1325, effective immediately) Cigarettes, E-Cigarettes, and Tobacco Products Legal age to purchase tobacco products is raised from 18 to 21 (with an exception for military members) and political subdivision may not adopt more stringent laws (SB21, effective Sept. 1, 2019) Governmental Vehicle Storage Facility Allows the impoundment fee charged by a governmental vehicle storage faculty to be adjusted in a specific way (HB1140, effective immediately) 32 32 Personnel, municipal courts, and public safety Evidence of Sex Offenses Provides no statute of limitation on sexual assaults in certain circumstances and provides specific evidence handling for DNA (HB8, effective Sept. 1, 2019) Provides a victim of sexual assault the right to a forensic medical exam if offense is reported within 120 hours (HB616, effective Sept. 1, 2019) Requires law enforcement agency that investigates a sexual assault or other sex offense to enter into the national database certain information excepts the information from disclosure under the PIA (HB3106, effective Sept. 1, 2019) Human Trafficking Allows a victim of human trafficking convicted on a related offense to petition the court for an order of nondisclosure in specific circumstances and establishes state grant funding towards trafficking programs (SB20, effective Sept. 1, 2019) Makes the operation of a “stash house” a Class A misdemeanor and expands contraband definition’s applicability (HB2613, effective Sept. 1, 2019) Requires peace officer who investigates the alleged commission of human trafficking to prepare and submit a written report to the attorney general that details certain things (HB3800, Sept. 1, 2019) 33 33 Personnel, municipal courts, and public safety Law Enforcement Animals Provides that a city may transfer a law enforcement animal as surplus property in certain circumstances if the animal is at the end of its working life, provides a priority list for those who may receive an animal, provides the transfer can be without cost, and provides the city is not liable for damages arising from the transfer (SB2100, effective Sept. 1, 2019) Amendment to the Texas Constitution to allow city to transfer law enforcement dog, horse, or other animal to the animal’s handler or another qualified caretaker for no consideration on the animal’s retirement or at another time if the transfer is in the animal’s best interest (SJR32, effective if approved at election on Nov. 5, 2019) Pen Register, ESN Reader, Etc. Changes the definition of “designated law enforcement office or agency” to include police department in a city with a population of 200,000 or more, which affects certain laws governing the installation and use of tracking equipment and access to certain communication through the devices (HB4157, effective Sept. 1, 2019) 34 34 Personnel, municipal courts, and public safety Guns Certain establishments cannot prohibit or otherwise restrict a peace officer or special investigator from carrying on the establishment’s premises a weapon that the individual is authorized to carry, creates a $1,000 civil penalty for violations (HB2164, effective Sept. 1, 2019) Head of law enforcement agency may allow a qualified retired law enforcement officer to demonstrate weapons proficiency if the officer provides certain things, including proof of a total of 10 year of service (HB1552, effective Sept. 1, 2019) Provides that a city may not adopt regulations relating to the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, supplies, or accessories (HB3231, effective Sept. 1, 2019) Licensed Carry Creates a defense to prosecution to the offenses of trespass by a license holder with a concealed or openly carried handgun (i.e. going where a “30.06” or “30.07” sign prohibits carry) that the license holder was personally given notice by oral communication and promptly departed from the property (HB121, effective Sept. 1, 2019) 35 35 Personnel, municipal courts, and public safety Mental Health Revises the procedures and reporting requirements regarding arrestees who are or may be persons with a mental illness or an intellectual disability, including interviews, which is confidential and must be provided to the magistrate, defense attorney, prosecutor, and the court (HB601, effective Sept. 1, 2019) Provides that a peace officer, before arresting a person with an intellectual or developmental disability that lives in certain facilities, may release the person at the person’s residence if the officer believes confinement is unnecessary and has consulted with staff; peace officer and political subdivision may not be held liable for actions of person released (HB3540, effective Sept. 1, 2019) DNA Records Requires a person convicted of a class A misdemeanor offense of unlawful restraint or assault to provide to a law enforcement agency one or more specimens for the purpose of creating a record in the DNA database system (HB979, effective Sept. 1, 2019) Requires DPS and the law enforcement agency that took a specimen of DNA from a defendant arrested for certain felony offenses to destroy the record if the defendant is acquitted, the case dismissed, or is granted other relief in accordance with a writ of habeas corpus (HB1399, effective Sept. 1, 2019) 36 HB 1643: Special events as defined by the statute (more narrow than public events) Own use of own drones (PD or fire) Over city owned facilities and infrastructure, but only with public hearing and FAA approval (no process to get FAA approval) SB 840: prior Texas Privacy Act from last session that made it illegal to conduct surveillance with a drone and criminal offence to use or distribute the video. This gives them room to use the drones under these circumstances. 36 Personnel, municipal courts, and public safety Epinephrine Allows law enforcement agency to acquire and possess epinephrine auto-injectors and to administer them after training in certain circumstances and adoption of a policy (SB1827, effective Sept. 1, 2019) Dextromethorphan Sale to Minors Prohibits sale under 18 and requires identification if person looks under 27; political subdivision may not adopt regulations for sale of dextromethorphan (HB601, effective Sept. 1, 2019) School and College Campuses Requires law enforcement agency to provide superintendent or designee information relating to a student that is requested for the purpose of conducting a threat assessment and allows certain law enforcement records concerning a child to be inspected by the school only for the purpose of conducting a threat assessment (SB2135, effective Sept. 1, 2019) Requires postsecondary education institutions to enter into MOU with law enforcement and other agencies to facilitate effective communication and coordination on allegations of sexual harassment, sexual assault, dating violence, and stalking (HB1735, effective Sept. 1, 2019) 37 37 Personnel, municipal courts, and public safety Missing Adult Alert System Requires Texas DPS to develop an alert system for missing adults (18-65) and local enforcement agencies to take various actions to activate the alert (HB1769, effective Sept. 1, 2019) Misdemeanor Family Violence Offenses Provides that when defendants are charged with misdemeanor family violence offense, Judge must take defendant’s plea in open court, information in the computerized criminal history system must contain certain things, law enforcement agency must prepare a uniform fingerprint card, and the court clerk must report certain things upon disposition of the case (HB1528, effective Sept. 1, 2019) 38 38 Personnel, municipal courts, and public safety Municipal Court Major changes were made to court costs, including repeal of several fees (SB346, effective 1/1/2020) Other fee allocation changes are made regarding the drivers’ responsibility program (HB2048, effective 9/1/2019) The Office of Court Administration will be required to maintain, update, and post a list of court fees/charges (SB891, effective 9/1/2019) 39 Texas Cybersecurity Act: closed meeting aspect as well as PIA aspect (ex: passwords, personal identification numbers, access codes, encryption, or other components of a city’s security system are confidential) 39 Personnel, municipal courts, and public safety Municipal Court The addresses for City judges’ residences must be redacted from the judges’ financial disclosure statements (SB489, effective 9/1/2019) Applications for protective orders must be entered into a new statewide registry within 24 hours (SB325, effective 9/1/2019) and a court can protect applicant information (SB2390, effective 9/1/2019) Court clerks have greater protection from liability regarding release of confidential information (HB685, effective immediately) 40 Texas Cybersecurity Act: closed meeting aspect as well as PIA aspect (ex: passwords, personal identification numbers, access codes, encryption, or other components of a city’s security system are confidential) 40 Personnel, municipal courts, and public safety Cybersecurity Requires the Department of Information Resources to certify five cybersecurity training programs and requires completion of certified program (HB3834, effective immediately) Provides that a cybersecurity event is added to the definition of disaster under the Texas Disaster Act and provides for state-wide coordination to improve cybersecurity in the state (SB64, effective Sept. 1, 2019) 41 41 Personnel, municipal courts, and public safety Public Retirement System Requires the use of an independent firm to evaluate the appropriateness, adequacy, and effectiveness of the system’s investment practices and performance and make recommendations on improvements to performance (SB322, effective immediately) Requires a public retirement system to adopt a policy no later than Jan. 1, 2020, that details the governing body’s plan for achieving a funded ration of the system that is equal to or greater than 100 percent (SB2224, effective Sept. 1, 2019) 42 42 Personnel, municipal courts, and public safety Workers’ compensation Expands workers compensation presumption for PTSD to include PTSD caused by multiple, as well as single, events, and for purposes of first responder, the date of injury is the date on which the first responder knew or should have known that the disorder may be related to the first responder’s employment (HB2143, effective Sept. 1, 2019) Provides that an individual who remarries is eligible for workers’ compensation death benefits for life if the individual’s former spouse died in the line of duty and was a first responder (HB2503, effective Sept. 1, 2019) Jury Service Prohibits employer, including a city, from discharging any permanent employee because the employee serves as a juror, attends or has a scheduled attendance in connection with jury service in any court in the United States (SB370, effective immediately) 43 43 Transportation, utilities, and environment Accessible Parking Provides the Texas Commission on Licensing and Regulation standards and specification must provide markings in a specific way for disabled parking (HB3163, effective Sept. 1, 2019) Flood Planning Creates a potential funding source for flood planning loans to certain governmental entities (SB7, effective immediately, except creation of the Flood Infrastructure Fund takes effect Jan. 1, 2020, if HJR4 is approved by voters) Requires Texas Water Development Board to develop a comprehensive state flood plan in coordination with regions no later than September 1, 2024, and each successive five-year period (SB8, effective immediately) 44 44 Transportation, utilities, and environment Red Light Cameras Bans red light cameras, provides for a savings clause that does not apply to Fort Worth, and take away collection mechanisms for cities that will continue program (HB1631, effective immediately) Speed Limits Requires an entity that sets a lower speed limit on a road or highway in the state highway system for a construction or maintenance work zone to place a sign at the end of the zone indicating the speed limit after the zone ends (HB339, effective Sept. 1, 2019) Adds open-enrollment charter schools to the list of schools that can require a city to hold a public hearing to consider the prima facie speed limits near school and requires city to conduct engineering cities in certain circumstances (HB3871, effective Sept. 1, 2019) 45 45 Transportation, utilities, and environment Bicycles Makes changes to the regulation of electric and non-electric bicycles, including prohibiting a city from prohibiting the operation on a highway, allowing a city to prohibit operation on sidewalks and set speeds on paths, creating classifications for electric bicycles, and adding other specification on the use and sale of electric bicycles (HB2188, effective Sept. 1, 2019) Golf Carts, Neighborhood Electric Vehicles, and Off-Highway Vehicles Includes lengthy changes to the use of these vehicles, including changing the definition of “recreation” for purposes of the Recreational Use Statute; requiring golf carts, NEVs, or OHVs operating less than 25 mph to display slow-moving-vehicle emblem; clarifying the use of golf carts in cities; and allowing unregistered OHVs (HB1548, effective immediately) 46 46 Transportation, utilities, and environment Mopeds and Motorcycles Makes changes to the classification and operational requirements for mopeds and certain motorcycles (HB3171, effective Sept. 1, 2019) Digital License Plates Continues function of DMV until Sept. 1, 2031, and allows certain vehicles to be equipped with a digital license plate (SB604, effective Sept. 1, 2019) Mobile Delivery Devices Provides for the use of “mobile carrying devices” and sets regulation; preempts city authority over personal delivery or mobile carrying devices, but allows regulation on a highway or in a pedestrian area not inconsistent with the bill (SB969, effective immediately) 47 47 Transportation, utilities, and environment Water Requires TCEQ to provide a report of a dam with a hazard classification of high or significant to the emergency management director for city or county in which the dam is located within 30 days after date of designation (HB137, effective Sept. 1, 2019) Allows state water to be appropriated, stored, or diverted for recharge into an aquifer underlying the state, other than portions of the Edwards aquifer, and that recharge water loses its classification as state water, storm water, or floodwater and is considered percolating groundwater; allows the recharge of certain water into an aquifer if approved by TCEQ; and addresses water rights regarding the use of aquifers (HB720, effective immediately) Requires Texas Water Development Board to work with certain entities to conduct studies of aquifer storage, conduct a statewide survey, and report findings (HB721, effective immediately) Requires Texas Water Development Board to create interregional planning council consisting of regional water planning groups (HB807, effective immediately) 48 48 Transportation, utilities, and environment Water Continued Allows the Texas Water Development Board to provide funds for financial assistance for interregional development of desalination or aquifer storage projects (HB1052, effective Sept. 1, 2019) Requires TCEQ to establish a system to provide automatic reminders to operators of public drinking water supply systems of regular reporting requirements, but systems must still comply even if reminders are not received (HB3142, effective Sept. 1, 2019) Provides that a public water supply system that furnishes, for public or private use, drinking water containing added fluoride may not permanently terminate the fluoridation of the water, unless the system provides written notice to the customers and the Health and Human Services Commission of the termination at least 60 days before the reduction or termination. (HB3552, effective Sept. 1, 2019) 49 49 Transportation, utilities, and environment Water Rights Provides that, among other things and in addition to an application that meets the requirements already in the law and for which the TCEQ has determined that notice or an opportunity for a contested case hearing is not required under another statute or a TCEQ rule, an application for an amendment to a water right is exempt from any requirements of a statute or TCEQ rule regarding notice and hearing or technical review by the executive director or the TCEQ and may not be referred to the State Office of Administrative Hearings for a contested case hearing if the executive director determines after an administrative review that the application is for certain water rights amendments (HB1964, effective immediately) Water Districts Provides that: (1) the provisions related to consent to creation of a water district in a city’s extraterritorial jurisdiction apply equally to a water district previously created by an act of the legislature; and (2) a district may enter into a contract with a retail public utility, including a municipal water system, for water or sewer service under which the retail public utility may use the district’s water or sewer system to serve customers located in the district (HB2590, effective Sept. 1, 2019) 50 50 Transportation, utilities, and environment Aggregate Production Increases penalties for aggregate production operations without being registered and requires TCEQ to inspect (HB907, effective Sept. 1, 2019) Electric Addresses the use of advanced electric meters by certain non-ERCOT investor owned electric utilities and addresses rates (HB853, HB986, & HB1595, effective immediately) Provides for the creation of the Texas Electric Grid Security Council to facility the creation of best security practices for the electric industry (SB475, effective immediately) Clean Air Provides that TCEQ may add a surcharge on expedited applications for Clean Air Act permits (SB698, effective Sept. 1, 2019) 51 51 Transportation, utilities, and environment Solid Waste Provides TCEQ shall charge a fee of $2,000 for an application for a permit for a municipal solid waste facility (HB1331, effective Sept. 1, 2019) Prevents TCEQ from considering post-use polymers and recoverable feedstocks as solid waste if they are converted using pyrolysis or gasification into valuable raw, intermediate, and final products; and treats products created from pyrolysis and gasification processes as recycled materials, thus requiring cities to give preference to purchasing products made from pyrolysis and gasification (HB1953, effective immediately) Critical Infrastructure Facilities Creates various new criminal offenses related to interfering with a critical infrastructure facility, such as a city’s water or electric system, and creates a civil cause of action against a person who damages such a facility (HB3557, effective Sept. 1, 2019) CCNs Makes various changes to the decertification and release of a certificate of convenience and necessity by a landowner (SB2272, effective Sept. 1, 2019) 52 52 CITY-RELATED HIGHLIGHTS OF 86th LEGISLATURE Denis McElroy, Section Chief Jessica Sangsvang, Senior Assistant City Attorney Monday, August 5, 2019 53