The URL can be used to link to this page

121120 Friday Staff Report „ City Manager's Office " 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: December 11, 2020 TO: The Honorable Mayor Watts and Council Members FROM: Todd Hileman, City Manager SUBJECT: Friday Staff Report I. Council Schedule A. Meetings 1. Public Utilities Board on Monday, December 14, 2020 at 9:00 a.m. via video/teleconference—City Council Work Session Room. 2. Parks, Recreation and Beautification Board on Monday, December 14, 2020 at 12:30 p.m. via video/teleconference — City Council Work Session Room. Public Comment Available 3. Zoning Board of Adjustment on Monday, December 14, 2020 at 3:00 p.m. via video/teleconference—City Council Work Session Room.Public Comment Available 4. Cancelled - City Council Meeting on Tuesday, December 15, 2020 at 2:00 p.m. in the City Council Work Session Room. 5. Mobility Committee Meeting on Wednesday, December 16, 2020 at 9:00 a.m. via video/teleconference—City Council Work Session Room. 6. No - Agenda Committee Meeting Wednesday, December 16, 2020 at 2:30 p.m. in the City Manager's Conference Room. 7. Work Session of the Planning and Zoning Commission on Wednesday, December 16, 2020 at 5:00 p.m. followed by a Regular Meeting at 6:30 p.m. via video/teleconference—City Council Work Session Room.Public Comment Available 8. Cancelled- Committee on Persons with Disabilities on Thursday,December 17,2020 at 3:00 p.m. in the City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service 9. Special Called City Council Meeting on Thursday, December 17, 2020 at 6:00 p.m. via video/teleconference — City Council Work Session Room / Council Chambers. Public Comment Available II. General Information & Status Update A. Temporary Closure of Customer Service Lobby — Beginning Friday, December 11, the Customer Service lobby located at City Hall East will close temporarily due to the exposure of lobby staff members to a COVID-19 positive person. At this time, the City does not believe that any members of the public were exposed to the virus. In accordance with the City's COVID-19 response practices, these employees will self- isolate at home and will not be available to provide lobby services. Call center operations will still be available during this temporary closure and customers may speak with a representative by calling 940-349-8700 to discuss their accounts or pay their utility bill. Customers who wish to pay by cash or check may utilize the payment kiosk or drop box located outside the Customer Service lobby. Staff anticipates lobby operations to resume on or about Monday, December 21. Staff contact: Ryan Adams, Customer Service and Public Affairs B. Police Department Updates — Chief Dixon provided the attached memo related to information about the Police Department. Staff contact: Frank Dixon, Police C. Utility Assistance Funding Update - Application for United Way COVID Relief funding expired on December 1, 2020. Currently, all customers are being referred to Interfaith Ministries of Denton. Interfaith Ministries is currently running an approximate 3 week case turn around. Any customer who contacts Customer Service for a referral is granted an agreement to ensure service continuation while they are working through the application process. Customer Service and Interfaith Ministries of Denton are working together to strengthen our shared application process, reduce unnecessary workload from Interfaith, and decrease funding time for residents. Until December 1,2020,Interfaith has only worked with need-based clients who have not been impacted by COVID-related income loss and had the opportunity to aid 57 households. Over the last 12 months, Interfaith Ministries has assisted 477 households and 76% of all clients who provide required documentation qualify for assistance. Recent month and year qualification statistics are provided below: 2 November 2020 FY 2020-21 Year to Date 15 33% 62 42% Assisted 45% 25 •56% Did Not Qualify t:. ■4ilvr 5 Did Not Complete 18 11% 1396 Obligations Effective December 1, Interfaith Ministries' available funds and remaining budget account for 88% of their allocated funds for use. Currently, 83% of the fiscal year remains. FY 2020-21 Budget Health $18,869 12% 528,818 i- 19% •Remaining budget $107,615 .Available F unds 69% •Administered Funds Staff contact: Christa Foster, Customer Service and Public Affairs D. Rudolph 1 Fire Truck—The Denton Fire Department is excited to announce the launch of Rudolph 1 on Monday, December 14. Rudolph 1 is a fire truck that will be adorned with Christmas lights and decorations,and will be playing Christmas music as it drives the streets of Denton nightly from December 14 to 31. Each night, Rudolph 1 will depart Central Fire Station between 5:45 to 6 p.m. and circle the downtown square several times before driving to a pre-designated section of the City. Once Rudolph 1 arrives at the pre-designated area, it will slowly drive every street spreading holiday cheer. Upon completion, Rudolph 1 will return downtown to circle the square for a final few laps before returning to Central Fire Station for the evening. Rudolph 1 will be staffed by Denton Fire Department members and their family, who will volunteer each night to bring a smile upon the faces in our community. For more information, and to see daily assigned areas where you might catch a glimpse of Rudolph 1,monitor the City of Denton and Denton Fire Department Facebook accounts. Staff contact: Kenneth Hedges, Fire E. Timeline Chance to Boards & Commissions Screening & Appointment Process — In the November 6, 2020 Friday Report, a modified timeline was detailed which covered certain steps and deadlines for the 2020 Board & Commission appointment process. 3 The timeline (below) has again been modified as follows to begin appointments as soon as practical. Staff contact: Rosa Rios, City Secretary's Office • November 6, 2020 Email notifications will be sent to all existing members and other interested individuals to submit an online application, due December 18, 2020. Note: Applications can continue to be submitted by this date. Setting this deadline allows for vetting to be done so that information provided in the B&C Packet (on January 4), will include only those qualified to serve. As applications are received, weekly Packet Updates will be provided to Council as has been done this past year. • November, 2020 City staff will promote the upcoming Boards/Commissions appointment process across its communication channels and encourage interested individuals to submit by December 18, 2020 so their applications can be sent to Council. • January 4, 2021 Staff Presentation to Council on the 2020-2022 Screening& Appointment Process • January 18, 2021 Deadline for Council Members to submit nominations (if new, contact information is key) • January 26, 2021 Formal appointments begin at City Council Meeting Note: Appointments can begin sooner based on nominations received in advance of the noted deadline and vetting completed. Further, appointments continue as qualified nominees are submitted or new nominees are vetted and qualified. F. Update on Customer Service Merchant Services Transition—On November 5, 2020, Customer Service transitioned its merchant services provider to Wells Fargo Merchant Services. This transition occurred to align utility billing payments with the same merchant services provider being utilized throughout the City. Unfortunately, the transition was delayed from the spring due to the COVID-19 pandemic. As part of this transition, all customers with recurring payments set up within the City's online payment portal need to log in to their account and re-enter their payment information. Without this re-entry of information, customer payments would not process with the new merchant services provider and their account would become past due. The Council was provided an email on October 27 that described the different ways the city was contacting customers including mailed letters and emails to all customers who were listed as having recurring payments, a press release, social media notifications, and website information. Staff determined that many of the 7,000 customers who received these notifications have not yet re-entered their account information to facilitate these recurring payments. Staff are beginning to observe that customers with strong history of regular recurring payments are becoming eligible for disconnection due to these past due accounts. To provide time for additional targeted communications (mailed letters, email,and phone calls,where possible) and general communications (social media)to reach these customers prior to potential disconnections, staff will refrain from any disconnections for the week of December 14. The following weeks, those beginning on December 21 and December 28, are already scheduled to have no interruptions due to those being the weeks in which Christmas Day and New Year's Day fall.This three- week period will allow for additional time for customers who previously paid through 4 recurring payments to re-enter their payment information in the online payment portal and/or contact customer service for assistance. Staff anticipates disconnections to resume beginning January 4, 2021. Staff contact: Ryan Adams, Customer Service and Public Affairs G. Denton County COVID-19 Relief Fund (CRF) Eviction Prevention & State Emergency Rental Assistance Programs — As of December 4, the United Way of Denton County(UWDC)COVID-19 Relief Fund(CRF)Eviction Prevention program provided 2,402 unique households in Denton County with 7,170 months of financial assistance. To date, 1,378 Denton residents have been provided 2,450 months of assistance. The deadline to submit applications for assistance through the CRF was December 1 at 6:00 p.m. Since the program launched in March, Denton County's 11 collaborating CRF Eviction Prevention non-profits have put $6.5 million to work keeping 2,402 unique households housed and with utilities,preventing a 586%rise in homelessness in the county. City staff continue to complete the necessary procurement process to allocate funding for Round 1 of the Emergency Solutions Grant for Coronavirus (ESG-CV). Staff recommendations will be presented to Council December 17. The Texas Homeless Network(TUN)has recommended UWDC receive$3,333,333 of funding for Round 2 of ESG-CV. This award will include funding for rapid rehousing and homelessness prevention, and is contingent upon approval by the Texas Department of Housing and Community Affairs (TDHCA)board in January 2021. TDHCA made $40M of emergency rental assistance available to 54 entitlement communities in the state with existing COVID-19 eviction prevention programs. Staff are working to complete an application for the Texas Emergency Rental Assistance Program (TERAP) by December 28, 2020, to support ongoing eviction prevention efforts through UWDC's COVID-19 Relief Fund. The contract start date will be January 15, 2021, and the exact amount available to the city is $187,444.13. The TERAP provides up to 6 months of rental assistance to income-eligible households impacted by COVID-19 to help them stay housed during the pandemic and help them recover economically from the impact of the pandemic. As a recipient of TERAP funding, the city will be required to reserve 10% of its TERAP allocation for the Texas Eviction Diversion Program (TEDP) in conjunction with one or more designated Justices of the Peace as specified by TDHCA and the OCA. TEDP helps eligible Texas tenants, who are behind on their rent due to the COVID-19 pandemic and who have been sued for eviction, stay in their homes and provides landlords with an alternative to eviction. How the TEDP Works: If both the tenant and landlord agree to participate in the TEDP and meet program requirements, the TEDP may provide up to six months of rental assistance. If the landlord does not agree to the program and has already file an eviction with the courts, the tenant will not be able to seek assistance through the program. When a landlord files an eviction case,the landlord be required to state in the petition that they have reviewed the information on the Texas courts website (linked). All 5 citations (notices that a tenant has been sued for eviction) must contain the following statement and an attached copy of the "State of Texas Eviction Diversion Program" informational brochure: "You may be able to stop your eviction if you and your landlord agree to participate in the Texas Eviction Diversion Program. At your trial, the court will notify you about the Program and ask if you are interested in participating. Find out more about the Program in the attached brochure, titled State of Texas Eviction Diversion Program, and at www.txcourts.gov/eviction-diversion/." On the date listed in the citation for the trial of the eviction case,the judge must discuss this program with the landlord and tenant and ask whether the landlord and tenant are interested in the program. If both the landlord and tenant indicate they are interested in the program, the judge is required to delay the proceedings for 60 days, make the records and information on the eviction case confidential,and inform the landlord and tenant about the reinstatement procedure discussed below. At any time during the 60-day delay period, the landlord can file a motion to reinstate the eviction case with the judge. The motion must be served on the tenant. The judge is then required to reinstate the eviction case, set it for trial within 21 days, inform the parties how to proceed, and make the records and information non-confidential. If the landlord does not file a motion to reinstate the eviction case during the delay period, the judge is required to dismiss the case with prejudice. All records and information will remain confidential. Staff contact: Courtney Cross, Community Services H. City of Denton 2021 Legislative Program — The draft Legislative Program for the upcoming 871h Session is attached. Once approved by City Council, staff will communicate it to the Texas Legislature. Staff will continue to actively review filed bills as they may pertain to the program,once adopted,to carry out its overall mission. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City.By taking a proactive role in monitoring and engaging the Texas Legislature on proposed legislation, staff are working to ensure that the Denton community can continue to enjoy their quality of life. Staff is scheduled to present the Legislative Program to Council on January 5 and recommend its adoption ahead of January 12, 2021, when Session is scheduled to convene. Questions regarding any part of the Program may be addressed to Ryan Adams or Rachel Balthrop Mendoza. Staff contact: Rachel Balthrop Mendoza, City Manager's Office I. City-Related Bills Filed—While the 87th Session of the Texas Legislature is scheduled to convene on January 12, 2021, the filing period for proposed legislation began on November 9, 2020. As in past sessions, numerous pieces of legislation have been proposed that affect cities,including the City of Denton. The Texas Municipal League provides its member cities with summaries of all city-related bills filed for the previous week. The attached bill list represents bills included from the opening of the filing period through the most recent TML list. Staff will provide a summary of newly filed city-related bills in each Friday Report throughout the filing period. Staff is actively reviewing these proposed bills to evaluate their potential impact and develop strategies 6 to engage in outreach with the legislature and our local delegation prior to and during the upcoming session. Questions regarding any piece of legislation or to receive the full text of legislation,please contact Ryan Adams or Rachel Balthrop Mendoza. Also, in this report, is a draft of the proposed Legislative Program for the 87th Legislative Session. After a work session discussion, the Council will consider the adoption of the legislative program on January 5. Staff contact: Ryan Adams, Customer Service and Public Affairs J. Bonnie Brae Phase 3 Virtual Community Meeting - On Thursday, December 3, City staff held a virtual community meeting for the Bonnie Brae Phase 3 project. The project is located at Bonnie Brae Street from Roselawn Drive to IH-35E. On Saturday, December 5, City staff were made aware of unexpected issues that resulted in the mailing delay of the virtual community meeting notices to residents in the area. As a result, not all residents interested in attending the meeting were able to do so. Monday, December 7, staff contacted the City's print and mail vendor, and contributing City departments to determine where efficiency improvements could be made for processing and distribution of time sensitive mail communication to residents. To provide members of the community another opportunity to learn more and share their feedback, a new virtual community meeting is scheduled for Thursday, January 14,2021 at 6 p.m. The upcoming meeting will also be held in a virtual format and cover the same information as the previous meeting.The attached meeting update letter and notice is being mailed to residents in the area, has been distributed to the local HOA, and published on the City's platforms. The virtual meeting held on Thursday, December 3 included a preliminary timeline and project status of the design phase for Bonnie Brae Phase 3 by the City project manager and engineers. The meeting was recorded and is available online for viewing at www.cityofdenton.com/virtualcommuniiymeeting meeting or by visiting www.ciiyofdenton.com/bonniebraestreet. Staff contact: Stephanie Yates, Public Affairs and Seth Garcia, Engineering K. Public Art Insurance—During the December 7 Work Session, Council Member Davis requested information on the City's insurance coverage for Public Art. The City's property insurance policy includes $250,000 in coverage once the asset is transferred from the vendor to the City with a not to exceed amount of$10,000 per item. The policy excludes loss or damage to any fine arts due to restoring, repairing, or retouching processes or errors or omissions in the processing or copying of valuable papers and records. Staff contacts: Deby Skawinski, Risk Management and Christine Taylor, Procurement and Compliance L. December/January Resident Update - The December/January issue of the Resident Update newsletter (attached) was delivered to Denton homes the week of November 29. This issue features information about adapted City services and programs, Boards and Commissions applications, the new tethering ordinance, what residents can do if they experience an outage, 911 texting updates, residential rebates, and more. Staff contact: Justin Harmon, Customer Service and Public Affairs M. Vision Zero Participation—On December 9,Council Member Davis requested a status update on the vacant Pedestrian and Bike Coordinator position as well as information on the City's participation with the Vision Zero Program. The position of Pedestrian and Bike Coordinator recently vacated in June and has been retooled into the Sr. Planner—Bicycle,Pedestrian and ADA coordinator position. This position will be one of three ADA coordinators in the City of Denton and will be responsible for ADA compliance in all city right-of-way. In addition, this position will be charged with assisting in the development of the City's Mobility Plan and complete streets transportation strategies. The position was posted in early November and will be left open until filled. To date, staff has received over 15 applications. Staff is currently reviewing the qualifications of all candidates and will schedule interviews for after the first of the year. Staff continues to look forward to the experience and knowledge the successful candidate will bring to Denton's bicycle and pedestrian community. Staff and representatives from the Federal Highway Administration presented Vision Zero to City Council in December of 2019 and received direction to establish a Denton Vision Zero Program. The Pedestrian and Bike Coordinator began initiating this program. However, with his departure, the project has been placed on a temporary hold until the position described above can be filled. Staff continues to participate in the monthly Vision Zero Texas Cities meeting in which other cities such as Austin, San Antonio, Fort Worth, Dallas, Houston and Laredo share their experiences and efforts in the Vision Zero arena. When the Sr. Planner position is filled, the City will resume the development and implementation of a 3-Year Action Plan. Staff contact: Brian Jahn, Capital Projects N. Thomas Street Lime-Stained Concrete Update—In the October 23 Friday Report, staff addressed Council Member Davis concerns about lime-stained concrete on Thomas Street that occurred during construction on Scripture St. The City Project Manager contacted the contractor about the damage, who committed to removing the lime stains. On December 4, the contractor pressure washed the lime stains from the roadway and curb. Staff contact: Trevor Crain, Capital Projects O. Federal Funding Outreach to Senator Cornyn — On December 9, Interim Mayor Pro Tern Davis, sent an email to the office of Senator John Cornyn advocating for the inclusion of fiscal assistance to local governments, additional assistance for small businesses,and extended foreclosure and eviction protections in the next stimulus bill. The next stimulus is currently being negotiated at the congressional level with Senator Comyn a key player in those discussions. To help demonstrate the impact of federal funds, IMPT Davis included the attached summary that outlines the collaborative approach Denton County cities and nonprofits have used to put CARES Act funding to good use. Staff will keep the Council updated if any significant milestones are reached in the passage of a federal stimulus bill. Staff contact: Sarah Kuechler, City Manager's Office P. Bike and Pedestrian facilities at Denton High School — On December 9, Council Member Davis requested information on the bike and pedestrian facilities planned for 8 Denton High School and the connectivity South to Rayzor Ranch. The Denton High School construction project includes a new roadway, Bronco Way, which will align with Riney Rd. at Bonnie Brae, as shown below. Bronco Way will include a shared use side path and sidewalk along its length. Currently, Bronco Way is not proposed to extend beyond the north-south portion of Westgate Dr. and/or connect to the east-west portion of Westgate Dr.There are currently no plans to include sidewalks or bike lanes along the north-south portion of Westgate Dr. or any entrances to the new school from Westgate. Bonnie Brae Phase 6, from US 380 to US 377, will include 10-foot shared use path down the east side of Bonnie Brae and a 5- to 8-foot sidewalk on the west side of Bonnie Brae, depending on the location. The construction of Bonnie Brae Phase 6 is scheduled to be substantially compete by the opening of Denton High School in August 2022. Staff contacts: Brian Jahn, Capital Projects and Seth Garcia, Capital Projects ..:-•ram -� -> _ _ :, ' � 2 W'4'GArc pR O r qE BARR C14 GR 9q�/ qY r RIND RD 2 % ; 5 '3pq Il'1 q ^K Q. Crawford Road Improvements — On December 9, Mayor-elect Hudspeth joined Sara Hensley, Deputy City Manager, at the Crawford Road groundbreaking which represents a multijurisdictional partnership between the Town of Argyle, Denton County and the City of Denton. Crawford Road is an important corridor in a high growth area that provides service and connectivity to Argyle, Denton County and the City of Denton. The improvements include a new roundabout at the intersection of Crawford and John Paine Roads as well as road improvements. Staff contact: Sara Hensley, City Manager's Office R. Sequoia Park Update— On December 3, Council Member Briggs requested information about the entrances to Sequoia Park and their accessibility. The park consists of two entrances; one is near the intersection of University Drive and Nolan Circle and the other off Choctaw Avenue's cul-de-sac. The Parks and Recreation Department (PARD) plans to improve the entrances to Sequoia Park, once funding becomes available. PARD applied for a Community Development Block Grant, CDBG, in 2020 but did not receive funding. The department plans to resubmit and are hopeful that CDBG funding will be approved through the next grant cycle. Improvements planned are a 9 new playground, trees, improved ADA access from cul-de-sacs (Choctaw Avenue, Creek Avenue, and Seminole Avenue), and amenities such as a water fountain, benches, trash receptacles, lighting, and a pavilion. PARD will hold public meetings in early 2021 to gather feedback for Sequoia Park improvements. Staff contact: Drew Huffman, Parks and Recreation S. Speed Study on Hickory Street — On December 4, Council Member Armintor requested staff investigate speeding concerns on Hickory Street to the East of its intersection with Bonnie Brae Street. Staff will conduct a speed study in this area to determine the extent and magnitude of the speeding issue.Once that study is complete, and if the resulting data indicates a speeding concern, staff can develop potential mitigation measures including speed cushions and possibly a road diet to address the vehicle speeds. Based on current workload, this study will not be conducted until February 2021. Council Member Armintor also raised concerns about the absence of sidewalks on this stretch of Hickory St. Staff is currently preparing a sidewalk work plan that will include all sidewalk segments citywide with a prioritization system to rank missing segments across the city. If this stretch of Hickory St. is determined to be a high priority, sidewalks will be installed in the future. Staff contact: Brian Jahn, Capital Projects T. Public Art"Vela's Trophy"Heat Absorption—During the December 7 Work Session, Council Member Briggs requested how hot the sculpture base of the art installation at G.Roland Vela Athletic Complex would get in the summer. The artist,Ray King,was consulted on how hot the artwork could get in a typical North Texas summer.He noted that the base is "reflective with a slight pebbling finish." He could not predict the temperature the sculpture would reach,but he did note that it would be less than most metals. Parks staff will be working with the artist to provide natural barriers,possibly a planter, to reduce public access to the sculpture surface. Staff contact: John Whitmore and Drew Huffman, Parks and Recreation U. Driving Range Update—The North Lakes Driving Range will be closed on Monday, December 14, from 7 a.m. to 5 p.m. During this time, Synthetic Grass Pros will finish the second half of the tee box replacement project. The first half were replaced in October 2020. The tee boxes have not been replaced since North Lakes Driving Range opened. They are now on a five-year replacement schedule. Staff contact: Adam Shorter, Parks and Recreation V. National Wildlife Federation Community Certification — The City of Denton registered for the National Wildlife Federations Community Certification. The National Wildlife Federation (NWF) is one of America's largest environmentally focused non-profits that concentrates on the conservation of resources in order to support wildlife. In 1997 they created the NWF Community Wildlife Habitat Program which partners with communities to promote the creation of wildlife habitats. There are approximately 200 communities nationwide including the City of Austin and Houston that have been certified. 10 Over the next three years the City of Denton will be completing outreach and engagement in order to accumulate points to complete the certification process. Based on our population we will need to acquire 400 habitat points. Residents can register yards, and schools or businesses can register projects to earn habitat points. Each habitat has to meet the following qualifications: food, water, cover, a place to raise young, and sustainable practices. The City will need to accumulate education and outreach points. Sustainability staff should be able to accumulate all of the points necessary for certification based on current programing. Staff contact: Katherine Barnett, Sustainability W. Arlo Ambassador Award—City of Denton Sustainability has been recognized by the North Central Texas Council of Governments and Air North Texas as the Arlo Ambassador for the second year in a row! Air North Texas is a regional public awareness campaign that aims to improve air quality in the North Texas region. It was created to help address ozone pollution in the region and work towards air quality attainment based on EPA standards. The Arlo Ambassador Award is given to the Air North Texas Partner that most effectively uses the mascot "Arlo the Airmadillo". Arlo is an asthmatic airmadillo whose shell changes color in accordance with the current air quality level. City of Denton Sustainability is a proud partner of Air North Texas and looks forward to continuing outreach efforts related to air quality improvement. Staff Contact: Katherine Barnett, Sustainability Qencor,is this Ye af's • _ r Air North Teas recognizes the City of Denton's Sustainability Deportment for thoir use of Arlo in communicating local Air Quality alerts to the public. X. Hinkle Roundabout and Construction Update — On November 18 Council Member Armintor requested a status update on when construction along Hinkle would be complete and inquired about the potential of adding lighting to the roundabout located at Hinkle and Mimosa to make it more visible to nighttime drivers. Construction of the roundabout project is part of the Magnolia Phase II Paving and Drainage Project. The Magnolia Phase II project is nearing completion and Capital Projects staff are actively working to address remaining sitework to close out the project. Remaining sitework includes completion of sidewalk connection points to the roundabout, installation of two retaining walls on the west side of the Mimosa and Hinkle 11 intersection, general site cleanup, and coordination with the developer of the Fireside Park residential development to ensure the remaining sidewalk segment along Hinkle from Mimosa to Windsor is constructed. The City's remaining sitework and the developer's installation of the remaining sidewalk segment is scheduled to be completed in the first quarter of calendar year 2021. A cross-departmental team met on December 9 to discuss lighting needs at the Hinkle roundabout. Following that meeting, Denton Municipal Electric (DME) replaced all existing High-Pressure Sodium (HPS) streetlights with Light Emitting Diode (LED) streetlights along Hinkle from US 380 to Windsor. The new LED streetlights are much brighter and should greatly improve visibility along Hinkle from the current HPS lighting. The image below shows the improved visibility provided by the newly installed LED streetlights on Hinkle. Traffic Engineering engaged a lighting consultant from Kimley-Horn and Associates to assess the current lighting of the Hinkle roundabout and determine if additional illumination is necessary. Should the formal assessment identify additional lighting needs at the roundabout, Capital Projects staff will coordinate with DME to ensure any necessary lighting is installed. Staff will report the results of the lighting assessment in a future Friday Report. Staff contact: Dustin Draper and Rachel Wood, Capital Projects/Chris Lutrick, DME Y. Kings Row and Sherman Drive Intersection Safety — On December 4, Council Members Briggs, Armintor, and Meltzer requested staff assess potential safety improvements at the intersection on Sherman Drive and Kings Row after the occurrence of a fatal car accident involving a cyclist. Following a commitment in the October 9 Friday Report, the 1-mile stretch of Sherman Drive between Bell Avenue and Windsor Drive is currently under study for potential traffic calming treatments. Staff proposes to extend this study area to include Sherman north to Loop 288. Regarding the intersection of Kings Row and Sherman Dr. specifically, staff has initiated data collection in support of a traffic signal warrant study, a speed analysis and a sight distance analysis. This data will also be used to determine if geometric changes to the intersection are warranted and/or feasible. 12 Because this roadway is owned and operated by the State, staff is in the process of scheduling a meeting with TxDOT to identify potential actions and possible mitigations at this location. Staff contact: Brian Jahn, Capital Projects Z. Open Excavation Sites on Windsor Drive Update—In the December 4 Friday Report, staff addressed Council Member Briggs concerns about open excavation sites located at two residential properties on E.Windsor Drive.The two open areas were excavated by the City's construction contractor to tie into the new waterline. The water samples passed on December 9 and the contractor completed the tie-ins and the excavated areas were back filled on December 11. Staff contact: Trevor Crain, Capital Projects III. Upcoming Community Events and Meetings A. Events 1. Cookies and Cocoa Drive-Thru — December 12 from 4:30 to 6:30 p.m. at Denton Civic Center (321 E. McKinney St.) Parks and Recreation staff have over 600 cookies and hot chocolate to give out to anyone who drives up. The cookies are individually wrapped and donated by local businesses like Insomnia Cookies and Cookie Crave. The hot chocolate is donated by the MLK Jr. Rec Center advisory board. This is a first-come, first-served event. Drive up,and we will hand you the goodies-no need to get out of the car! Staff contact: Caroline Seward, Parks and Recreation IV. Attachments A. Police Department Updates..................................................................................14 B. Community Services Attachments.......................................................................16 C. Draft 2021 Legislative Program...........................................................................38 D. City-Related Bills.................................................................................................44 E. Bonnie Brae Ph3 Resident Letter.......................................................................102 F. December/January Resident Update ..................................................................105 G. UWDC CARES Act Eviction Prevention Overview .........................................113 V. Informal Staff Reports A. 2020-102 Downtown Construction Projects Overview......................................121 B. 2020-103 Solar Rebate Program Update............................................................126 C. 2020-104 Council Committee Assignments.......................................................128 VI. Council Information A. Council Requests for Information .....................................................................139 B. Council Calendar ...............................................................................................141 C. Future Work Session Items ...............................................................................144 D. Street Construction Report ................................................................................145 13 [)ENTO(� ' sm JO&F DENTON A Department of Police 601 E.Hickory St., Suite E •Denton,TX 76205 • (940)349-8181 0 FAX(940)349-7966 MEMORANDUM To: Aaron Leal, City Attorney From: Frank Dixon, Chief of Police Date: December 11,2020 Subject: Department Updates This memorandum is being written to provide Council updated information on the Denton Police Department. The Denton Record Chronicle ran a story on December 8, 2020 that quoted me as saying the Denton Police Department won't be participating in the detention or expulsion of someone in the country illegally.Upon that story being posted,there was some online discussion about whether that is true and some citizens stating that they'd personally heard stories and witnessed Denton Police officers arresting people for minor infractions and assisting in their being deported. As I have previously reported to Council,the Denton Police Department has continued to work on improving our policies(General Orders), Standard Operating Procedure, and our relationship with the community, and this is one example of that. General Order 602, Interacting with The Immigrant Community was released on November 11,2020. Prior to its release,we sent it out to the Denton chapter of LULAC for feedback. Once we received that,we instituted some of the recommendations,where appropriate. I would ask that you pay special attention to Sections 602.3.1, 602.4, 602.6, 602.7.1, and 602.7.2, as they cover concerns being voiced. As laid out in this week's AIS seeking Council approval for the Denton Police Department to participate in the Child Exploitation Task Force with Homeland Security Investigations (HSI),the detective's role assigned to the task force is solely for the purpose of investigating child sex trafficking and child exploitation cases. At no time will the detective be involved in investigating immigration violations. HSI has broad legal authority to enforce a diverse array of federal statutes. It uses this authority to investigate all types of cross-border criminal activity, including: • Financial crimes,money laundering and bulk cash smuggling; • Commercial fraud and intellectual property theft; • Cybercrimes; • Human rights violations; • Human smuggling and trafficking; OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service 14 • Immigration, document and benefit fraud; • Narcotics and weapons smuggling/trafficking; • Transnational gang activity; • Export enforcement; and, • International art and antiquity theft. As previously reported to Council and the public, all of our current General Orders can be found on our webpage, https://www.ciiyofdenton.com/en-us/all-departments/public-safety/police . There is also a link to our open data page,where anyone can access a variety of reports and data. FRD:frd:al:th OUR CORE VALUES Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service 15 0 STATE OF TEXAS EVICTION DIVERSION PROGRAM I The Texas Eviction Diversion Program (TEDP)helps Texas tenants stay in their homes and provides landlords an alternative to eviction. The TEDP may provide up to six months of rental assistance for eligible tenants who are behind on their rent due to the COVID-19 pandemic and have been sued for eviction. Both the tenant and the landlord must agree to participate and meet the requirements in the chart below. This temporary program is a unique partnership between the Supreme Court of Texas, Texas Office of Court Administration, and the Texas Department of Housing and Community Affairs(TDHCA). • Assistance can be used to pay the full contracted rent that is past due (up to five months), and the remainder may be used to pay for subsequent months of assistance (up to a total of six months). • The TEDP uses a special court process that allows courts to put eviction lawsuits on hold and divert them to the TEDP. Under the TEDP, lump sum payments are provided to landlords for rental arrears in exchange for allowing tenants to remain in their homes and forgiving late fees. Diverted cases will be dismissed and made confidential from public disclosure. LANDLORD UN TENANT HOUSEHOL Eligibility Requirements: Eligibility Requirements: © Assistance for rent no older than April 2020 © Household income at or below 200%of poverty © Rent for the household assisted may not exceed the or 8o%of Area Median Income* TDHCA maximum limits(limits available by zip code at © Household has been financially affected by the http://www.tdhca.state.tx.us/TEDP.htm) COVID-19 pandemic © Must have a bank account and accept direct deposit © Tenants are INELIGIBLE if they are receiving © Units that are already receiving project-based tenant-based voucher assistance,are in a unit assistance or are public housing units are INELIGIBLE receiving project-based assistance,or are in © Units owned by a unit of government may be ineligible public housing Documents Needed: Documents Needed: © Copy of the executed lease with the tenant,or if no © Personal ID written lease,required certification proving tenancy © If no written lease,evidence of unit tenancy © Documentation of Missed Payments(ledger,etc.) © Income: evidence of eligibility under other © IRS W-9 qualified program**OR income evidence for past © Landlord TEDP form completed 3o days © Landlord TEDP certification completed © Tenant TEDP form completed © Tenant TEDP certification completed You Will Be Required to Certify that You: You Will Be Required to Certify that: © Will waive late fees,penalities,and not pass court costs © Your household has been economically impacted to the tenant by the COVID-19 pandemic © Have not received assistance from another program for © You have not received rental assistance for the the same months of rent for this client and will not same months of rent and will not seek such apply in the future for the covered months assistance in the future for the covered months © Will release the tenant from payment liability for this © You have not previously received rental time period,waive all claims raised in the eviction case, assistance funded with CDBG CARES funds that, and not evict the tenant for the period covered by TEDP together with this assistance,will exceed 6 © Will reimburse the TEDP within>lo business days if you months in total receive rent payment for this same time period © If no written lease,must certify lease term,rent © If no written lease,will certify the lease term,rent amount,and ability to provide proof of tenancy amount,and be able to provide proof of tenant Who Can Help Me Access the Program? PR Go to:www.txcourts.2ov/eviction-diversion/ Go to:httv://www.tdhca.state.tx.us/TEDP.htm Call: 8 -2 o- 655(Texas Legal Service Ctr.) Call: 800-525-o6 or 12- -3800 (pick Option 4) *TEDP is o available in select areas ofthe state initia .Durin that time e' is based on a household income below200%of ove Household Size 1 person 2 people 1 3 people 4 people 5 people 6 people 7 people 8 people 200%Pove $25,520 $34,480 $43,440 $52,400 $61,360 $70,320 $79,280 1 $88,240 Forhouseholds with more than 8 persons,add$8,960 for each addilionalperson. *'You are considered eligible,and need no other documentation,ifyou have evidence that you:1)are currently receiving assistance under SNAP,SSt UHEAP,or Nledicaid;OR 2)if you are living in a qualifying rent-restricted property and have evidence of an income certification from that property dated on or after March 31,2020,and within 12 months of the application for assistance,and selfcertify that your income remains belowthe limit.In some circumstances the TEDP administrator may allow selfcertification of income, but the tenant must still be able to demonstrate evidence upon request 16 PROGRAMA DE DESVIO DE DESALOJO DEL ESTADO DE 0 TEXAS IUD E1 Programa de Desvio de Desalojo de Texas (TEDP) ayuda a los inquilinos de Texas a permanecer en sus hogares y les brinda a los propietarios una alternativa al desalojo. E1 TEDP puede proporcionar hasta seis meses de asistencia con el alquiler para los inquilinos elegibles que estan atrasados en el pago de su alquiler debido a la pandemia de COVID-19 y han sido demandados para desalojo. Tanto el inquilino Como el propietario deben estar de acuerdo en participar y deben cumplir con los requisitos de la tabla a continuaci6n. Este programa temporal es una asociaci6n finica entre la Corte Suprema de Texas, la Oficina de Administraci6n de Tribunales de Texas y el Departamento de Vivienda y Asuntos Comunitarios de Texas(TDHCA). • La asistencia se puede utilizar para pagar la totalidad del alquiler contratado vencido (hasta cinco meses), y el resto se puede utilizar para pagar los meses siguientes de asistencia (hasta un total de seis meses). • E1 TEDP utiliza un proceso judicial especial que permite a los tribunales suspender las demandas de desalojo y desviarlas al TEDP. Conforme al TEDP, se proporciona un pago finico a los propietarios por los atrasos en el alquiler a cambio de permitir que los inquilinos permanezcan en sus hogares y perdonar los cargos por mora. Los casos desviados seran desestimados y se volveran confidenciales para evitar la divulgaci6n pfiblica. PIN PI UN I Requisitos de elegibilidad: Requisitos de elegibilidad: © Asistencia con el alquiler no anterior a abril de 2020. © Ingresos del hogar por debajo del 200%de la pobreza o © Renta para el hogar asistido no puede exceder los limites el 80%del ingreso medio del area*. maximos de TDHCA(limites disponibles por c6digo postal en © El hogar se ha visto afectado financieramente por la http://www.tdhca.state.tx.us/TEDP.htm). pandemia de COVID-19. © Debe tener una cuenta bancaria y aceptar dep6sito directo. © Los inquilinos NO SON ELEGIBLES si estan recibiendo © Las unidades que ya estan recibiendo asistencia basada en asistencia con vales basados en inquilinos,estan en una proyectos o son unidades de vivienda pfiblica NO SON unidad que recibe asistencia basada en proyectos o estan ELEGIBLES. en viviendas pflblicas. © Las unidades propiedad de una unidad del gobierno pueden no ser elegibles. Documentos necesarios: Documentos necesarios: © Copia del contrato de alquiler ejecutado con el inquilino,o si no © Identificaci6n personal. hay contrato de alquiler por escrito,certificaci6n requerida que © Si no hay contrato de alquiler por escrito,evidencia de demuestre el alquiler. alquiler de la unidad. 0 Documentaci6n de pagos perdidos(libro mayor,etc.). C., Ingresos:evidencia de elegibilidad bajo otro programa 0 W-9 del IRS. calificado**O evidencia de ingresos de los filtimos 30 0 Formulario TEDP para el propietario completado. dias. 0 Certificaci6n TEDP para el propietario completada. © Formulario TEDP para el inquilino completado. © Certificaci6n TEDP para el inquilino com letada. Se le pedira que certifique to siguiente: Se le pedira que certifique to siguiente: © Renunciara a los cargos por mora,multas y no pasara los costos © Su hogar se ha visto afectado econ6micamente por la judiciales at inquilino. pandemia de COVID-19. © No haber recibido asistencia de otro programa por los mismos © No ha recibido asistencia con el alquiler por los mismos meses de alquiler para este cliente y no aplicara en el futuro por meses de alquiler y no buscara dicha asistencia en el los meses cubiertos. futuro durante los meses cubiertos. © Liberara at inquilino de la responsabilidad de pago durante este © No ha recibido previamente asistencia con el alquiler periodo de tiempo,renunciara a todas las reclamaciones financiada con fondos de CDBG CARES que,junto con planteadas en el caso de desalojo y no desalojara at inquilino esta asistencia,excederan los 6 meses en total. durante el periodo cubierto por el TEDP. © Si no hay contrato de alquiler por escrito,debe certificar © Reembolsara el TEDP dentro de los 10 dias habiles si recibe el el plazo del contrato de alquiler,el monto del alquiler y la pago de la renta por este mismo periodo de tiempo. capacidad de proporcionar comprobante de alquiler. © Si no hay contrato de alquiler por escrito,certificara el plazo del alquiler, el monto del alquiler y pods proporcionar prueba de alquiler. i,Qui6n puede ayudarme a acceder at programa? TRIBUNAL PROGRAMA Visite: www.txcourts.gov/ eviction-diversion/ Visite: http://www.tdhca.state.tx.us/TEDP.htm Llame at: 855-270-7655 Llame at: 800-525-0657 o 512-475-3800(elija la opci6n 4) *TEDP sob esta dispom7rle iniciahnente en areas seleccionadas del estado.Durante ese tie o,la eke rbilidad se basa en un' so fanvliarpor debajo de1200%delnivelde pobreza: Tarnaiio del hogar 1 persona 2 ersonas 3 personas 4 ersonas 5personas 6 ersonas I 7 ersonas 8 ersonas 200%delniveldepobi $25,520 $34,480 $43,440 $52,400 $61,360 $70,320 1 $79,280 $88,240 Para hogares con rods de 8 personas,agregue$8,960 por cada persona adicional * Se b considera elegrbke yno neceskta otra documentaci6n sitiene evidencia de b siguiente:1)actuakmente retire asistencia de SNAP,SSL UHEAP o 1Vkdicaid,O 2)sivive en una propiedad cakificada con restricci6n de alquiler ytiene evidencia de una certificaci6n de ingresos de esa propiedad fechada despues del31 de ma zo de 2020,ydentro de bs 12 meses posteriores a la soliciud de asistencia, y autocertifica que sus Ingresos pemranecen por debajo del kn te.En akgunas cucunstancias,el administrador de TEDP puede pennrtrc h autocertificaci6n de bs ingresos,pero el inquilmo afm debe der demostrar evidencia si se solicia. 17 TEXAS EMERGENCY RENTAL ASSISTANCE PROGRAM (TERAP) A COMMUNITY DEVELOPMENT BLOCK GRANT CARES ACT (CDBG-CV) PROGRAM DRAFT PROGRAM GUIDELINES REV. 11/22/2020 Page Hof 18 Contents 1. Background ...........................................................................................................................................3 2. Program Goals.......................................................................................................................................3 3. CDBG National Objective......................................................................................................................3 4. Governing Requirements......................................................................................................................3 5. Program Overview................................................................................................................................5 6. Eligible Activities...................................................................................................................................6 7. Geographic Coverage and Non-duplication of Benefits .......................................................................7 8. Time Period of Assistance.....................................................................................................................7 9. Subawards.............................................................................................................................................7 10. Tenant Eligibility Requirements........................................................................................................8 11. Appeal Procedures for Households ..................................................................................................9 12. Income Determination and Verification.........................................................................................10 13. Affordable Rent Standard/Rent Ceiling .........................................................................................12 14. Landlord Eligibility Requirements...................................................................................................12 15. Required Documentation for Application.......................................................................................13 16. Environmental Review....................................................................................................................13 17. Lead Based Paint Requirements.....................................................................................................13 18. Affirmatively furthering fair housing..............................................................................................14 19. Procurement...................................................................................................................................14 20. Program Administration and Performance.....................................................................................14 21. Other Federal Cross-cutting requirements.....................................................................................15 22. List of Program Forms.....................................................................................................................15 Appendix 1:Annualized Income.................................................................................................................16 Appendix2: Excluded Income.....................................................................................................................17 Page�)of 18 1. Background The Texas Emergency Rental Assistance Program (TERAP) provides rental assistance to income-eligible households impacted by COVID-19 to help them stay housed during the pandemic and help them recover economically from the impact of the pandemic. Administered by the Texas Department of Housing and Community Affairs (TDHCA), with Community Development Block Grant CARE Act funds (CDBG-CV), the program can pay up to six months of an eligible household's rent, including rental arrears, with at least one of those months covering a month of future rent. The program can specifically provide rental assistance to tenants who have been sued for eviction (i.e. forcible detainer action) filed against them, providing the landlord and tenant an alternative to eviction. Funded through the U.S. Department of Housing and Urban Development (HUD), this CDBG-CV program is specifically designed to help households prepare for, respond to, and recover from the impacts of COVID-19. The Governor of the State of Texas designated TDHCA as the administrator of the state's allocation of these funds. TDHCA has designated $105 million to eligible jurisdictions or entities through direct awards and through a competitive process for the exclusive purpose of providing emergency rental assistance for Texans. These program guidelines list program requirements including tenant and landlord eligibility requirements, minimum federal administration and reporting requirements, length of assistance, maximum amounts of assistance, and maximum household income. 2. Program Goals The goal of the Texas Emergency Rental Assistance Program is to help stabilize low-and moderate-income Texas renters impacted by the coronavirus pandemic through the provision of up to six months of rental assistance. 3. CDBG National Objective Rental assistance payments will be available exclusively to households whose incomes are at or below 80% or less of Area Median Income (AMI).This activity qualifies under the "limited clientele" category of the CDBG national objective of benefit to low- and moderate-income persons or households (24 CFR §570.483((b)(2)(C)). 4. Governing Requirements The following regulations establish federal and state requirements. Relevant legal authority includes, but is not limited to,the following as now in effect or as amended in the future: • CARES Act(Public Law No: 116-136) • Texas Government Code 2105:Administration of Block Grants • Housing and Community Development Act of 1974(42 U.S.C. 5301 et seq) • 24 CFR Part 570 Subpart I • CDBG-CV Notice, FR-6218-N-01 • 24 CFR Part 58 • 2 CFR Part 200 • Uniform Grant Management Standards (UGMS) • Texas Department of Housing and Community Affairs 2019 Annual Action Plan, as amended • Texas Administrative Code:Title 10, Part 1, Chapters 1 and 2 Page hof 18 If state or federal statutes or regulations, or other laws, relating to the CDBG-CV funds are modified by the United States Congress, HUD, the Department, the Texas State Legislature, or the Governor, the changes may become effective immediately and may be applicable to existing contracts. If there is a conflict between the state and federal regulations, the federal regulations shall prevail. In addition, the Department reserves the right, at its sole discretion, to suspend or amend the provisions governing this program. If such an action occurs, the Department will notify interested parties. Awards are also contingent upon the Department executing a grant agreement from HUD for the CDBG CARES Act funds. Financial Management Subrecipients must demonstrate to the satisfaction of the Department that it is in compliance with the financial management requirements at 2 CFR Part200, including the single audit requirements of 2 CFR §200.501. All Subrecipients are subject to the requirements of 10 TAC §1.403, concerning Single Audits. If a Subrecipient utilizes subawardees they are responsible for monitoring those financial management systems in accordance with 10 TAC§1.402. Previous Participation Review and Federal/State Debarment All entities will be subject to a Previous Participation Review by the Department, as outlined in 10 TAC §1.302. Pursuant to 24 CFR Part 5, all CDBG-CV applicants are required to verify that they and their principals, or any/all persons, contractors, consultants, businesses, subawardees,etc.,that will be conducting business with the applicant as part of the rental assistance activity are not presently debarred, proposed for debarment, suspended, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. The Department will not award any CDBG-CV funds to organizations that are debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation from federal or state assisted programs, or that are proposing to partner, contract,or otherwise fund rental assistance activities through an organization that is debarred, suspended, proposed for debarment, or otherwise ineligible from participation in federally assisted programs. If an organization has a member of its governing body that has this status, the Department will allow the member to resign so that the organization can enter into a Contract with the Department. Page:A of 18 5. Program Overview The following table provides an overview of eligible program components explained in detail in subsequent sections. Program . . Eligible Activities • Emergency Rental assistance o Tenant/Landlord learn about the program and voluntarily apply. • Texas Eviction Diversion Program o Tenant/Landlord are referred by Justices of the Peace after the filing of an eviction (i.e. forcible detainer) and Tenant/Landlord voluntarily apply. Income Determination . Zero Income to 60%of AMI --> Self-Certification form • 60%to 80%of AMI --> Income Verification • Considered income eligible if: o Receiving SNAP, SSI, LIHEAP, Medicaid benefits o Living in rent-restricted property, has evidence of income certification on or after April 1, 2020 (but within one year of the household assistance application), and self-certify that income does not exceed 80%of AMI. Rent Ceilings • Yes, assistance up to 120%of, and rent max up to 150%of, Small Area Fair Market Rent (SMFMR) or Fair Market Rent (FMR) Limits (as applicable). Rent Payment • Up to 6 consecutive months • Included rental arrears, with at least one of those months covering a month of future rent Administrative Costs • Salary and benefits for Grantee . Supplies and equipment • Overhead (administration utilities, maintenance, etc.) 0 Transportation/mileage Tenant Certification Required Landlord Certification Required Duplication of Benefits Prohibited; Cannot have already received six months of payment from CDBG funds or another payment covering the same time period. Lead-based paint For more than 3 months of CDBG-CV rental assistance on units built prior to requirement 1978 (and that do not qualify for a federal exception), a visual assessment must be performed. Environmental review No-TDHCA has received statewide clearance for this activity and no action is required from the program administrator. Page Hof 18 6. Eligible Activities Emergency Rental Assistance To keep Texans who need assistance with rent because of the impact of COVID-19 in their homes,TERAP provides income-eligible, COVID-impacted households, with up to six months of rental assistance. Any combination of arrears, current and future rent will be available to assist the household and at least one month of assistance is not for arrears (is current or future rent). Current and future rent payment must be for consecutive months. Assistance can be in the form of a one-time lump-sum payment and/or scheduled payments for future rent up to six months of total assistance. Program administrators can incur the following administrative costs to deliver the emergency rental assistance program (24 CFR § 570.206(a)): salary and benefits, supplies, equipment, overhead (utilities, maintenance, etc.), and transportation and mileage. Texas Eviction Diversion Program Each TERAP contract includes the requirement that a Subrecipient participle in the Texas Eviction Diversion Program(TEDP).TEDP allows Texans who have fallen behind on their rent because of the impact of COVID-19 and whose landlords have initiated eviction proceedings, to stay in their homes. TEDP is operated in partnership with the Supreme Court of Texas, the Office of Court Administration (OCA) and local courts and provides referred income-eligible,COVID-impacted households with up to six consecutive months of rental assistance.Any combination of arrears, current and future rent will be available to assist the household so long as the future months of assistance are all consecutive, at least one month of assistance is not for arrears(is future rent)AND at least one month of rent is for rent in arrears.Assistance can be in the form of a one-time lump-sum payment and/or scheduled payments for future rent for up to six months of total assistance. All Subrecipients will be required to administer the eviction diversion emergency rental assistance activity in conjunction with one or more designated Justices of the Peace as specified by TDHCA and the OCA. In this partnership,the Supreme Court of Texas is intending to remove or seal the initiated eviction from the household's record to mitigate the secondary effects on the tenant's ability to rent housing in the future. Information on the order issued by the Court and the Court's portion of the program can be found at the OCA program website. Subrecipients whose service area contains an organization in the Texas Eviction Diversion Pilot Program may,for a time, be required to receive referrals from these organizations. Ten percent of the contract amount will be allocated for this activity for a specified time. If there are limited referrals from the local courts or referrals are primarily ineligible, the Department may reallocate these funds to other Subrecipient contracts for this activity, or may allow the funds to be used for emergency rental assistance payments by the Subrecipient. If this ten percent is spent, Subrecipient may spend other contract funds on this activity without prior Department approval, but will need to report to the Department about what categories funds were spent. Administrative Expenses Subrecipients can incur the following administrative costs to deliver the emergency rental assistance program (per 24 CFR § 570.206(a) and UGMS): salaries and related costs, supplies, overhead (utilities, maintenance, etc.), equipment (with Department approval), transportation, and mileage. Funds requested for administration are limited up to 13 percent of the total amount of funds requested. Page fgof 18 Indirect Cost Rate Indirect costs are allowable if the entity has an approved federal indirect cost rate or are using the de minimis rate per 2 CFR §200.414(f). In the application, subrecipients must identify each department or division that will administer activities under the grant. 7. Geographic Coverage and Non-duplication of Benefits A Duplication of Benefits (DOB) occurs when a program beneficiary receives assistance from multiple sources for a cumulative amount that exceeds the total need for a particular funding need. The amount of the duplication is the amount of assistance provided in excess of the need. In the case of rental assistance, a duplication of benefits would occur if a program beneficiary (either landlord or tenant) received assistance for the same months of rent for the same unit. Per CDBG-CV Notice Part III.B.9, it is the Department's responsibility to ensure that each CDBG-CV grantee provides assistance only to the extent that the rental assistance needs have not been met by another source. As a Grantee,TDHCA is required to develop and maintain adequate procedures to prevent a duplication of benefits that address (individually or collectively) each activity or program. To accomplish this TDHCA has instituted the following requirements: • Any person or entity receiving CDBG-CV assistance certifies that they have not, and will not, pursue assistance for the same period of time for the same unit and household; • Any person or entity receiving CDBG-CV assistance (including Subrecipients must agree to repay assistance that is determined to be duplicative (this is included in both the tenant and landlord certifications); and • Prohibiting any geographic area from being covered by more than one Subrecipient. Any refunds the Subrecipient receives or other program income must be returned to the Department within ten calendar days. 8. Time Period of Assistance Landlords may receive financial assistance for past-due rent payments dating back to April 1, 2020. 9. Subawards Subrecipients may request to enter into a subaward with a unit of local government, council of government, public housing authority,or private nonprofit organization for some or all of its program and administrative funds through a direct (non-competitive) award. However, if a Subrecipient chooses to subaward its funds it must fulfil all of the requirement of a pass-through entity listed in 24 CFR §200.331 and must monitor its subawardee at least once during the contract term. Any award to a subawardee most cover both the rental assistance and the eviction diversion activity for a defined geographic area. Not more than one entity can serve a geographical area. Any subgrant must contain all the applicable terms and conditions required by federal and state requirements and as further reflected in the Subrecipient's contract with TDHCA. With the application to TDHCA or if selecting a subawardee after submitting the application before executing the subgrant agreement, Subrecipient must provide the Department with the applicable contact information for the proposed subgrantee on the Department's form to ensure that accurate contact information is available relating to both rental assistance and eviction diversion activities to include in a list of resources for landlords/tenants. Page:74of 18 Before entering into a contract or other agreement with a subgrantee, Subrecipient must 1) check the Federal and State debarment and suspended listsboth that of TDHCA (all subawardees) and Texas Department of Agriculture (only if the subawardee is a non-entitlement city or county) for and governing board members of subawardees; 2) ensure that the entity (if applicable) is current on its Single Audit submission to the Federal Audit Clearinghouse; 3) Request a disclosure for matters under 2 CFR§200.113, 2 CFR Part 200 Appendix XII, 24 CFR Part 9, or the Fair Housing Act; and 4) Provide the Department this information on Department's form. Prohibition on Certain Funds Transfers Per the CDBG-CV Notice Part III.B.S.(c)(ii), all Subrecipients that directly or indirectly receive CDBG-CV funds are prohibited from selling, trading, or otherwise transferring all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, and must use such funds only for eligible activities, in this case, emergency rental assistance and eviction diversion. 10.Tenant Eligibility Requirements Regardless of whether the household is assisted with TERAP or TEDP,the tenant must certify the following in the Tenant Certification form to qualify for assistance. ❑ COVID-19 Impact: The Household must have been economically impacted by COVID-19. The household will be asked to describe the impact, but is not requested to submit documentation of such impact with their application. ❑ No Duplication of Benefits:The Household must: • Certify that they have not received, assistance for the same period of time for the same unit and household, or if they do receive funding that they will pay back Subrecipient within ten calendar days. • Certify that they cannot have previously received rental assistance funded with CDBG CARES funds,that would exceed 6 months in total,when combined with this assistance. ❑ Income Eligibility: The Household must have gross annual income at or below 80% of the Area Median Income (AMI) and the program administrator must follow the income verification guidelines in the following section to determine the household's income eligibility. Proof of Tenancy: Proof of tenancy is most readily established with a copy of the lease for the unit. If there is no copy of the lease provided, or no lease exists, both tenant and landlord are required to certify that the information they have provided on the application regarding the terms of the lease and the rent amount is true and accurate and proof of tenancy must be provided (e.g. cancelled check, money order, utility bill etc.). ❑ Unit Eligibility: Rental units must be eligible. Ineligible units include those already receiving project-based assistance, public housing units, and units owned by a unit of government. ❑ Truth and Accuracy:The tenant must certify to the accuracy of all they are stating. Page kof 18 Ineligible Clients • Households receiving duplicative rental assistance from any other source for the same period of time for which they are seeking assistance from the CDBG-CV program.Other sources may include but are not limited to rental assistance programs run by cities, counties, nonprofits or religious organizations. • Tenants receiving tenant-based voucher assistance, those who are in a unit receiving project- based assistance,or those who are in public housing are ineligible. Public housing authority(PHAs) properties or properties receiving federal or state rental assistance are not eligible as they are already receiving assistance to meet their rent obligations. Examples of federal rental assistance programs whose program participants are not eligible for CDBG-CV rental assistance include but are not limited to the Housing Choice Voucher program (tenant or project based), Housing Opportunities for Persons with Aids(HOPWA),and HOME Tenant-Based Rental Assistance(TBRA). 11.Appeal Procedures for Households This appeal procedure is not applicable if the landlord declines to participate in the program. This appeal procedure is only available to an applicant household or to a household participating in the program, referred to hereafter as household. Subrecipient must establish a denial of service complaint procedure to address written complaints (or an oral complaint if a person with a disability requests a reasonable accommodation based on their disability) from a household. At a minimum,the procedures described in paragraphs (1) - (8)shall be included: (1) Subrecipient shall provide a written denial of assistance notice to a household within 10 calendar days of the determination. Such a determination is defined as a denial of assistance, but does not include a level of assistance lower than the possible program limits or a reduction in assistance, as long as such process is in accordance with the Subrecipient's written policy. This notification shall include written notice of the right of a hearing and specific reasons for the denial by program or denial of the amount of assistance requested. The household wishing to appeal a decision must provide notice to Subrecipient within 20 calendar days of receipt of the denial notice; (2) A Subrecipient must establish an appeals committee composed of at least three persons.Subrecipient shall maintain documentation of appeals in its customer files; (3) Subrecipient shall hold a private appeal hearing (unless otherwise required by law) by phone or in person in an accessible location within 10 business days after the Subrecipient received the appeal request from the household and must provide the household notice in writing of the time/location of the hearing at least seven calendar days before the appeal hearing; (4) Subrecipient shall record the hearing; (5) The hearing shall allow time for a statement by Subrecipient staff with knowledge of the case; (6) The hearing shall allow the household at least equal time, if requested, to present relevant information contesting the decision; (7) Subrecipient shall notify applicant of the decision in writing. The Subrecipient shall mail the notification by close of business on the third calendar day following the decision (three day turn- around); but (8) If the denial is solely based on income eligibility, the provisions described in paragraphs (2) - (7) do not apply, but the household may request a recertification of income eligibility based on initial documentation provided at the time of the original application.The recertification will be an analysis of the initial calculation based on the documentation received with the initial application for services and will be performed by an individual other than the person who performed the initial Page kof 18 determination. If the recertification upholds the denial based on income eligibility documents provided at the initial application,the household must be notified in writing. If the household is not satisfied with Subrecipient's decision, the household may further appeal the decision in writing (or telephonically if a person with a disability requests a reasonable accommodation based on their disability) from a household to the Department within 10 calendar days of notification of an adverse decision. Households who allege that the Subrecipient has denied all or part of a service or benefit in a manner that is unjust, violates discrimination laws,or without reasonable basis in law or fact, may request a contested hearing under Tex. Gov't Code, Chapter 2001. The hearing shall be conducted by the State Office of Administrative Hearings on behalf of the Department in the locality served by the Subrecipient, for which the procedures are further described in 10 TAC§1.13 (relating to Contested Case Hearing Procedures). If the household appeals to the Department,the Subrecipient's funds that could be pledged to that household should remain unencumbered until the Department completes its decision. 12. Income Determination and Verification To determine whether a household qualifies for the program they must have gross annual income at or below 80% of the Area Median Income (AMI). Program administrators must follow these guidelines and should complete the Household Income Certification(HIC)Form to determine a household income, unless they have a similar tool that achieves the same purpose. The household income determination process used for this program is based on HUD's Handbook 4350.3, Part 5, Income Determination, but has been modified by TDHCA to minimize barriers to income documentation recordkeeping. • A household is defined as all persons occupying the same housing unit, regardless of their relationship to each other. The occupants could consist of a single family, two or more families living together,or any other group of related or unrelated persons who share living arrangements. • Gross amount. For the types of income counted, gross amounts means income before any deductions have been taken. Annualized Gross Income Annualized Gross Income provides a "snapshot" of the household's current estimated annual income. For TERAP the household's circumstances for the most recent four weeks (or month, if monthly) are used to project future income. Please refer to the Appendix 1 for details on annualizing income. Every household must qualify under one of the following four categories of income eligibility.A list of the income types that must be excluded from consideration is provided in Appendix 2. Page 19 of 18 Income Eligibility Categories and Required Documentation Income/Eligibility Type Documentation 1. Considered income eligible if anyone in • Enrollment documentation for the eligible program the household is currently receiving SNAP, (no further documentation is needed and an income SSI, LIHEAP, or Medicaid benefits self-certification is not needed). 2. Considered income eligible if living in a • A copy of the Property/landlord's Income rent-restricted property and has evidence Certification dated on or after April 1, 2020 (within of income certification on or after April 1, 12 months of the CDBG application)AND 2020, but within 12 months of the CDBG • Submission of the "Self-Certification of Annual application Income by Beneficiary"form must be submitted certifying that their income remains below 80%of AMI. 3. Zero Income to 60%of AMI • Submission of the "Self-Certification of Annual Income by Beneficiary"form must be submitted certifying that their income is below 60%of AMI. 4. 60%to 80%of AMI • Income Verification as provided below. An income self-certification form is not permitted for households in this income range. o The full amount, before any payroll • Pay stub(s) covering at least most recent 4 weeks deductions of wages and salaries, (weekly, bi-weekly) or covering most recent month overtime pay, commissions, fees,tips (monthly, semi-monthly) and bonuses, (before payroll deductions), o The net income from the operation • Self-certification of a business (self-employment) o Payments in lieu of unemployment • Benefits statement from agency OR One month's and disability compensation, bank statement demonstrating deposit(s) made worker's compensation, and from agency. Note: unemployment benefits should severance pay, and similar payments be included only for the period of time the applicant in lieu of earnings is actually eligible to receive those benefits o Actual Child Support Received • Bank statements or payment log from attorney general o Part-time students over 18 years of • Bank statements or pay stub(s) covering at least age most recent 4 weeks (weekly, bi-weekly) or covering most recent month (monthly, semi- monthly) o Full-time students over 18 years of • Bank statements or pay stub(s) covering at least age AND Head or Co-head of most recent 4 weeks (weekly, bi-weekly) or household covering most recent month (monthly, semi- monthly) o Full-time students over 18 years of • Proof of full-time status from institution age and NOT Head or Co-head of • Do NOT count income if they can prove full-time household status Paged of 18 13.Affordable Rent Standard/ Rent Ceiling The contract Rent (the amount in the lease) for the unit in which the household is requesting assistance may not exceed TDHCA maximum limits by zip code. • The maximum amount of rent the program will pay is set at 120% of the Small Area Fair Market Rent (SAFMR), or where no SAFMR exists,the Fair Market Rent (FMR). • The maximum amount of contract rent for the unit cannot exceed 150%of the SAFMR, or where no SAFMR exists, the FMR. If a unit's contract rent exceeds this amount, the unit and household are not eligible for assistance under the program. • If a tenant's unit rent falls between 120% and 150% of the applicable SAFMR or FMR (as applicable), the program will still be able to assist the tenant. However, the tenant must pay the amount of arrears in excess of the 120% limit, or enter into a payment plan executed by both the tenant and the landlord, before the program will pay the 120% contribution. For any forward payment of rent, the household will have to pay that amount in excess of the 120% limit each month. • To find the 120% and 150% limits described above, use the Rent Limit Calculator (XLSX). Enter the zip code for the unit for which assistance is being requested. If no zip code is listed, clear the zip code cell and enter the county. 14. Landlord Eligibility Requirements The landlord must complete and certify the following in the Landlord Form and Certification to qualify for assistance. ❑ Non-Eviction: To receive financial assistance, the landlord must agree not to evict the renter for non-payment of rent associated with any of the months for which the rental assistance payment is made. In the case of TEDP assistance, the Landlord must agree to release the tenant from payment liability and waive all claims raised in the eviction case and not evict the tenant for non- payment of rent for the period covered by the assistance. ❑ Prevention of Duplication of Benefits Certification: o Landlord cannot have received assistance from another program for the same rent for the same client and must agree to not apply in the future for the covered months. o The landlord receiving CDBG-CV assistance must agree to repay any assistance that is determined to be duplicative. Landlord will reimburse the TEDP Program Administrator within 10 business days if they receive duplicative payment for the same tenant and same time period. Proof of Tenancy: If no written lease is available, the landlord must certify the lease term, rent amount, and be able to provide proof of tenancy (e.g. cancelled checks, money order, utility bill, etc.). ❑ Unit Eligibility: Rental units must be eligible. Ineligible units include those already receiving project-based assistance, public housing units, and a property owned by a unit of government. ❑ Direct Deposit: Landlord must have a bank account with direct deposit, unless otherwise agreed to with the program administrator. ❑ W-9:Submission of a W-9 form completed by the landlord. ❑ Age of Property: the Landlord is certifying to the accurate age of the property. Page JJ of 18 ❑ Fees and Penalty Forgiveness: Landlord must agree to forgive late fees/penalties for rental arrears. ❑ Assistance cannot cover rent any earlier than April 2020. ❑ Truth and Accuracy:The landlord must certify to the accuracy of all items on the certification. 15. Required Documentation for Application Landlord Tenant • Copy of lease OR certification proving • Government-issued ID for one household tenancy member that is on the lease, or where the member demonstrates occupancy • Documentation of missed payments through another method such as a • W9 sublease agreement, utility bill, voter • Completed Landlord Form and registration, school registration form, etc. Certification • Written lease OR certification to tenancy and another method (e.g. cancelled check, money order, utility bill, etc.) • Evidence of income eligibility under other qualified program OR income determination documentation • Completed Tenant Application • Completed Housing Income Certification • Completed Tenant Certification 16. Environmental Review The Department has received statewide environmental clearance for this rental assistance program and program administrators will not have to perform individual environmental reviews. 17. Lead Based Paint Requirements Emergency Rental Assistance, provided for any period of time longer than 100 days, is covered by the Lead Safe Housing Rule (LSHR)at Title 24, Part 35 and must follow the requirements of Subpart K, whether occupied by a child less than six years or not. The Landlord Certification form requires the Landlord to disclose the date the property was constructed. If the date disclosed is 1978 or newer, no further action is required by the Subrecipient. However, units built before 1978 and receiving four or more months of assistance are subject to this requirement. Subpart K requires that most dwelling units built prior to January 1, 1978,that receive Federal assistance undergo a visual assessment for deteriorated paint (inside, outside and all common areas) by a trained grantee or subrecipient. Visual Assessment training is free and may be taken through this link: https://apps.hud.gov/offices/lead/training/visualassessment/h00101.htm. The results of the visual assessment must be documented. Should deteriorated paint be identified, the household is not eligible to be assisted unless the administrator elects to follow the compliance steps to properly address the deteriorated painted surfaces,detailed in Subpart K.A list of exemptions to the LSHR, Page Ja of 18 steps to comply with Subpart K, and associated resources can be reviewed here: https://Portalapps.hud.gov/CORVID/HUDLBPAdvisor/welcome.htm1. 18.Affirmatively furthering fair housing All Subrecipients must affirmatively further fair housing. This includes but is not limited to marketing the program to those least likely to apply. Examples of actions of affirmative marketing are reaching out to organizations that work with persons with disabilities or marketing the program to communities that may not speak English or speak English less than well in their preferred spoken language. 19. Procurement Pursuant to 24 CFR §570.489(g), all Grantees must comply with federal and state procurement requirements. Federal procurement rules can be found at 2 CFR §200.317-326. State procurement requirements are at_.36 of the Uniform Grant Management Standards and 10 TAC §1.404. Failure to meet procurement requirements may result in, repayment of federal funds, and debarment. The Department will review the Grantee's procurement documents for services (i.e., sub-contractor agreement)when monitoring. 20. Program Administration and Performance Execution of Grant Documents Before accessing the CDBG-CV funds,the Subrecipient must execute and deliver a Contract to TDHCA and must provide to TDHCA all executed, legally enforceable grant documents, as applicable, and any other documents reasonably requested by TDHCA in connection with these funds. One-Time Advance of Funds Per 2 CFR 200.305,the Subrecipient may request a one-time advance of funds(no more than 30 days cash need) by submitting to TDHCA a properly completed planned expenditure report that includes a request for advance funds, in a format specified by TDHCA. TDHCA shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment until TDHCA has reviewed and approved such request. TDHCA may request Subrecipient to make modifications to the disbursement request and is authorized to modify the disbursement procedures set forth herein as may be necessary or advisable for compliance with the Federal Act and Program Requirements. The Subrecipient's requests for the advance of funds shall be limited to the minimum amounts needed for effective operation of programs, and shall be timed as closely as possible to be in accord with actual cash requirements. The Subrecipient shall establish procedures to minimize the time elapsing between the transfer of funds from TDHCA to the Subrecipient and the spending of such funds and shall ensure that such funds are disbursed as soon as administratively possible. If Subrecipient subgrants any part of its award, it must have financial management systems in place to pay the subgrantee for expenses under the agreement, generally within 30 days. Performance Benchmarks, Contract Term and Deoblieation The contract will be issued for a term of 12 months, subject to extension requests at the sole discretion of the Department. Contract benchmarks will be reflected in the contract with the Subrecipient that require expenditures as follows: • No later than the end of the fourth month of the contract, at least 20%of total contracted funds Page 14 of 18 must be reported as expended. • No later than the end of the sixth month of the contract, at least 40% of total contracted funds must be reported as expended. • No later than the end of the ninth month of the contract, at least 70% of total contracted funds must be reported as expended. • No later than the end of the twelfth month of the contract,at least 100%of total contracted funds must be reported as expended. • Failure to achieve contract benchmarks may be cause for a partial or complete deobligation of the remaining unexpended contract funds, as determined by TDHCA on a case-by-case basis. Reporting Responsibilities& Records to be maintained Subrecipients will be required to submit monthly performance reports outlining accomplishments relative to program goals, client demographic data and verification of grant-funded program expenses. The reports will be reviewed for accuracy, performance measures and compliance. In addition, monitoring and auditing of grantees for ongoing compliance and eligibility will be performed by the State to ensure federal requirements are being met. Subrecipients will be required to maintain client data supporting client eligibility for services provided. Data shall include, but not be limited to: how the person/household was directly impacted by the coronavirus, number of persons/households served, family size, race/ethnicity and income documentation. Subrecipients will also be required to maintain client and program data relating to the Texas Eviction Diversion Program including, but not limited to: number of persons whose evictions were diverted, client eligibility and demographic information. 21. Other Federal Cross-cutting requirements • 24 CFR 570 Subpart K • Fair Housing Act • Federal reporting requirements-24 CFR 91.520 • Monitoring and reporting program performance-2 CFR 200.329 • Monitoring requirements-24 CFR 91.330 22. List of Program Forms • Tenant Application Form • Tenant Certification Form • Household Income Certification • Income Self-Certification • Rent Limit Calculator • Landlord Certification Form Page 15 of 18 Appendix 1: Annualized Income In general, a Subrecipient evaluating a household's income should assume that the household's circumstances today will continue for the next 12 months(ANNUALIZE), unless there is verifiable evidence to the contrary. For example, if a head of household is currently working for $7.00 per hour, 40 hours per week, the Subrecipient should assume that this family member will continue to perform that work for that rate and amount of time for the next year. Thus, estimated earnings will be $7.00 per hour multiplied by 2,080 hours (40 hours per week for 52 weeks of the year), or$14,560 per year. This method should be used even when it is not clear that the type of income received currently will continue in the coming year. For example, assume a family member has been receiving unemployment benefits of$100 per month for 16 weeks at the time of income certification. It is unlikely that the family member will continue on unemployment for another 52 weeks. However, because it is not known whether or when the family member will find employment, the Subrecipient should use the current circumstances to anticipate annual (gross) income. Income would therefore be calculated as follows: • $100 per week x 52 weeks, or$5,200. The exception to this rule is when documentation is provided that current circumstances are known to be time limited or about to change. For example, an employer might report that an employee currently makes $7.50 an hour, but a negotiated union contract will increase this amount to $8.25 an hour eight weeks from the date of assistance. In such cases, income can be calculated based on the information provided. In this example, the calculation would be as follows: • $7.50/hour x 40 hours/week x 8 weeks= $2,400 • $8.25/hour x 40 hours/week x 44 weeks (remaining weeks in the year) _ $14,520 • $2,400+$14,520=$16,920=Anticipated and Annualized Gross Income from that household member. Methods to annualize for part-time and full-time gross income Weekly pay: 4 pays stubs: Add the four gross amounts of each stub and divide by four to give you the weekly average. Multiply the weekly average by 52 to arrive at the gross annualized income. Bi-weekly(every two weeks) pay: 2 pay stubs:Add the two gross amounts of each stub and divide by two to give you the bi-weekly average. Multiply the bi-weekly average by 26 to arrive at the gross annualized income. Semi-monthly(twice per month) pay: 2 pay stubs: Add the two gross amounts of each stub and divide by two to give you the semi-monthly average. Multiply the semi-monthly average by 24 to arrive at the gross annualized income. Monthly pay: One pay stub: Multiply gross amount by 12 to arrive at the gross annualized income. Irregular pay: Use a reasonable, consistent method to arrive at the gross annualized income. Page 16 of 18 Appendix 2: Excluded Income The calculation of annual income shall not include the following: A. Income from Children, which is income from the employment of children (including foster children) under the age of 18 years. B. Payments Received for the Care of Foster Children, including foster adults (usually persons with disabilities, unrelated to the family,who are unable to live alone). C. Lump-Sum Payments, including additions to family assets, such as inheritances, insurance payments (e.g., health and accident insurance, and worker's compensation), capital gains and settlement for personal or property losses [except as provided]. D. Reimbursement for Medical Costs, including all payments received by the family that are specifically for, or in reimbursement of, medical expenses for any family member. E.Live-in Aide, including the income of a live-in aide employed because of a medical condition or disability of a family member. A live-in aide is determined to be essential to the care and well-being of the person, not obligated for the support of the person, and would not be living in the unit except to provide the necessary supportive services. F. Education Assistance, including the full amount of educational scholarships paid directly to the student or to the educational institution, and Government funds paid to a veteran for tuition fees, books, equipment, materials, supplies, transportation and miscellaneous personal expenses of the student. Any amount of such scholarship or payment to a veteran not used for the above purposes that is available for subsistence is to be included in income. G. Armed Forces (Special Pay), specifically special pay to a family member serving in the Armed Forces who is exposed to hostile fire. H. Government Programs, including the following: Amounts received under training programs funded by HUD and earnings and benefits from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government.) Amounts received by a disabled person that are disregarded for a limited time for purposes of Supplemental Security Income (SSI) eligibility and benefits, because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS). Amounts received by a participant in other publicly-assisted programs, which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care,etc.)and made solely to allow participation in a specific program.Amounts specifically excluded by any other Federal statue from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under the U.S. Housing Act of 1937. Amounts paid by a State agency to a family with a member who has developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member living at home. I.Temporary Income, considered temporary, nonrecurring or sporadic in nature (including gifts). J. Income of Full-Time Students,earnings in excess of$480 for each full-time student 18 years old or older attending school or vocational training(excluding the head of household and spouse). K. Property Tax Refunds, including amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling of the unit. Page 17 of 18 L. Adoption Assistance Payments, in excess of$480 per adopted child. Page J§of 18 United Wa of Denton County COVID-19 Relief Fund Eviction Prevention Program Outcomes WEEKLY EXPENDITURES Last Updated Friday, December 4t" at 5:47 p.m. Week Amount Months Approvals 3/23-3/27 $5,345.00 4 4 3/30-4/3 $42,854.30 43 43 UWDC COVID-19 Eviction Prevention Weekly Trend (Payments) 4/6-4/10 $46,085.95 57 57 4/13-4/17 $32,092.23 38 38 $800,000 4/20-4/24 $36,787.09 41 41 4/27-5/1 $43,606.58 36 35 $600.000 _ 5/4-5/8 $55,072.99 51.5 44 5/11-5/15 $47,984.69 51.5 44 5/18-5/22 $61,817.38 61 52 $400.000 5/25-5/29 $48,039.52 38.5 26 6/1-6/5 $96,321.75 90.5 68 $200.000 tm 6/8-6/12 $88,825.90 89.5 63 SO 6/15-6/19 $54,046.36 54 40 6/22-6/26 $85,037.08 75 53 $0 6/29 7/3 $87,213.59 75 57 "� a ?� ^ bry h' h 4i hry h� O (SI 4S fdO� A� �^ �(L AC7 QJ ro\ O� ��' q\ �1 .\O ^O ti� 7/6-7/10 $96,909.43 84 63 • p 1� 7/13-7/17 $134,450.92 124 90 `� ,� b 'ti0 a h\ \� '�O O\�o �V�oIV�� ti•(., � O �^ `fib , pj p\^P , O�O^ �• '• +��1 �: A A A �' ti 7/20-7/24 $156,977.56 140 91 7/27-7/31 $211,039.09 173 101 8/3-8/7 $190,345.00 194 117 UWDC COVID-19 Eviction Prevention Weekly Trend (Households) 8/10-8/14 $190,854.15 203 116 8/17-8/21 $215,147.17 262 125 500 8/24-8/28 $256,055.75 333 144 8/31-9/4 $253,159.91 337 158 400 9/8*-9/11 $238,556.51 273 144 9/14-9/18 $256,410.70 315 136 300 9/21-9/25 $217,336.05 267 126 9/28-10/2 $218,333.30 265 143 200 10/5-10/9 $156,890.55 175 119 100 10/12-10/16 $223,412.89 267 162 10/19-10/23 $291,264.90 345 200 0 10/26-10/30 $344,848.98 392 231 p7 q q 1 P �. S1� P �O 11) �\ h� Cb �h �� '4 ro N� ^\ \� \'� �O �^ �^ .� N� ui \ti �0 qy .�. tiV .�' � 11/211/6 $370,288.69 373 208 `9 O 11/9-11/13 $454,458.67 503 281 11/16-11/20 $415,892.73 436 267 q 11/23*-11/24 $211,251.84 1 227 140 11/30*-12/4 $624,015.08 686 404 Week Weekly Average $177,271.09 194 114 Myl-1 Denton C61inty United Way of Denton County COVID-19 Relief Fund Eviction Prevention Program Outcomes ASSISTANCE BY CITY Last Updated Friday, December 4t" at 5:47 p.m. Households Months of %Months of Municipality Assisted Help Countywide Total Argyle 19 40 0.6% Aubrey 210 380 5.3% Bartonville 1 1 0.0% FUNDING Carrollton 293 469 11.1% Denton Lewisville All Denton County PACCAR Metric Funding Funding Funding Funding Total Coppell 7 7 0.1 Corinth 54 71 1.0% Funds Raised $130,000.00 $74,000.00 $6,121,172.77 $75,000.00 $6,400,172.77 Cross Roads 18 36 0.5% Dallas 316 528 7.4% Expenses $130,000.00 $73,400.00 $6,281,831.89 $75,000.00 $6,560,231.89 Denton 1,378 2,450 34.2% Current Flower Mound 54 81 1.1% Balance $0.00 $600.00 -$160,659.12 $0.00 1160,059.12 Frisco 123 209 2.9% Haslet 4 7 0.1% Hickory Creek 2 3 0.0% Highland Village 2 2 0.0% TYPE OF ASSISTANCE APPROVED REQUESTS BY AGENCY Justin 31 55 0.8% Rent/Mortgage/Utilities 4,187 Agency Number of Requests Krum 19 38 0.5% Extended Hotel Stay 21 Christian Community Action 563 Lake Dallas 55 96 1.3% Lewisville 975 1,570 21.9% Temporary Hotel 21 Denton County Friends of the Family 195 Little Elm 194 338 4.7% Requests Not Approved 200 Giving HOPE, Inc. 310 Northlake 8 14 0.2% Grace Like Rain 652 Oak Point 8 12 0.2% Unique Households 2,402 Pilot Point 21 35 0.5% 3 mo. Relief Exhausted 1,059 Interfaith Ministries 137 Plano 3 10 0.1% Metrocrest Services 301 Ponder 18 36 0.5% Next Steps The Colony 201 Prosper 22 48 0.7% Providence Village 21 41 0.6% Our Daily Bread 43 Roanoke 35 58 0.8% Salvation Army Denton 344 Sanger 36 62 0.9% Savannah 8 16 0.2% Salvation Army Lewisville 67 Shady Shores 1 1 0.0% United Way of Denton County 1,417 The Colony 291 459 6.4% Trophy Club 2 2 0.0% TOTAL 4,229 7,170 1 100% Egg Denton C&jnty Statement of Purpose The fundamental objective of the City's legislative activities is to produce positive outcomes for the Denton community as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring and engaging the Texas Legislature on proposed legislation, we are working to ensure that the Denton community can continue to enjoy the quality of life they have come to expect and deserve. General Policies As a general policy,the City will oppose any legislation that: • Is viewed as detrimental to the Denton's strategic goals or would limit its home rule authority; • Is contrary to the health, safety, and welfare of its residents; • Mandates increased costs or loss of revenues; • Would adversely impact municipal operations; or • Would diminish the fundamental authority of the City. As a general policy, the City supports any legislation that: • Would advance the City's strategic goals and interests; • Improve the health, safety, and welfare of its residents; or • Responsibly increase revenues. Partnerships and Coalitions The City will form strategic partnerships with other cities, political subdivisions, private sector and non- profit entities, and other appropriate stakeholders that share common goals with the City of Denton. Additionally,the City will work in coordination with organizations such as the Texas Municipal League, when their adopted positions are in line with the legislative objectives and goals of the City.The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. General Government We will work to protect Denton residents' right to govern themselves and work with their local government and local elected officials to make decisions about the community at the local level. To accomplish this, we will: • Support legislation that supports or advances the principle of local control to allow for locally elected officials to make decisions that are beneficial to the interests of City residents or that are otherwise beneficial to the City's interest. • Oppose state preemption of municipal authority in regulation of payday lenders, unless proposed legislation provides adequate protections from aggressive, predatory, deceptive, and harmful lending practices. • Support legislation that improves government transparency, so long as such legislation does not create legal confusion, duplicate existing disclosure requirements, or cause an undue burden as an unfunded mandate to the City. 38 • Oppose legislation that would increase state regulation of local ballot language. • Support legislation that heightens environmental standards, improves air and water quality, and protects the health, safety, and welfare of Texans, so long as they do not create an undue burden or unfunded mandate on the City. • Support the ability of the city to use third parties to advocate on behalf of the City with regard to legislative issues that would impact our city or its residents. Revenue and Taxation We will work to protect the ability of the City's elected governing body to set its own budget, raise the revenue necessary to provide services to City residents and businesses, and effectively respond to the needs of the Denton community.To accomplish this goal, we will: • Oppose legislation that would impose a revenue cap or tax cap, further reduce the rollback rate, or otherwise restrict the City's ability to fund the necessary programs and services, including legislation that would erode the ability of a city to issue debt, place limits on the City's overall expenditures, or limit economic development. • Oppose legislation that restricts options and flexibility with regard to debt financing of one-time capital projects. • Support legislation that would improve the appraisal process to ensure equal and uniform application of property taxes. • Support legislation that expands the collection of city sales taxes or the sales tax base, so long as the city tax base receives the full benefit from the expansion. • Oppose legislation that would impose any penalty relating to local police funding decisions. • Support legislation that makes favorable changes to Senate Bill 2 from the 86t" Legislature, including clarification of disaster policy related to tax rates, new action on tax rates if entities go over 3.5%, and other constructive adjustments that strengthen city services, operations, and financial planning. • Support legislation that would provide maximum flexibility for the expenditure of CARES Act funds or other disaster-related federal and state funding. Economic Development We will continue to support access to economic development tools that expand our tax base, bring jobs to our community, and support businesses and industries that have chosen to locate in Denton.To accomplish this goal, we will: • Support legislation that continues to allow for the use of Chapter 312 of the Texas Tax Code property tax abatements and Chapter 380 of the Local Government Code for economic development grants that promote job creation and economic growth. • Support legislation that would continue or expand funding of the Skills Development Fund of the Texas Workforce Commission to promote workforce training or other programs that would enhance training and upskilling of the labor force. • Oppose legislation that restricts the use of Chapter 380 agreements and, specifically, changes that threaten options for future agreements and for policy adjustments that affect existing agreements 39 Land Use and Resources We will work to protect the City's ability to regulate growth and land development, promote good land use, and manage development within the city limits and our extraterritorial jurisdiction.To accomplish this goal, we will: • Support legislation that preserves property value for Denton taxpayers by protecting the City's authority to promote sound land use through: land use and zoning regulations (including billboard regulations,tree, and landscape regulations), building and property maintenance codes (including in ETJ), planning requirements, impact fees, building permit fees, annexation, or eminent domain. • Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees from new developments. • Oppose legislation that would reduce a municipality's authority and discretion to approve the creation of a special district within a city's incorporated area or ETJ, including but not limited to the expansion of a district's boundaries or powers. • Oppose legislation that would restrict cities' ability to adopt or amend zoning regulations or the applicability of those regulations to existing projects, including but not limited to the creation of any property rights or vesting in a zoning and use classification or any restrictions regarding downzoning. • Support the preservation of municipal authority to reduce the effects of oil and gas development on city residents or legislation that would enhance local regulations related to oil and gas operations. • Oppose legislation that would erode local control or existing authority and regulations of gas well operations as articulated in HB 40 (84th Legislature). • Support legislation that would allow cities to enact ordinances regulating zoning and development free from exception/exemption, including but not limited to imposing limitations on the availability of the Freeze Law under Chapter 245 of the Texas Local Government Code. • Support legislation that seeks to make amendments to HB 2439 from the 86t" Legislature, known as the Building Materials bill,to provide additional local authority to control the use of building materials to new structures or additions to existing structures. • Support legislation that seeks to make amendments to HB 3167 from the 86t" Legislature, known as the 30-Day Shot Clock bill,to provide more time and capacity to local governments to fully review and evaluate development plans to ensure the health, safety, and welfare of the public. • Oppose legislation that would allow changes to the governance of municipal management districts (MMDs) by creating standardization in the creation of MMDs,thereby restricting local control. Mobility and Transportation We will continue efforts to improve and enhance the mobility and transportation system throughout the state, region, and within the City of Denton, including advocating for increased funding and pursuing collaborative and innovative solutions. 40 • Support legislation to identify additional transportation revenue to enhance statewide and regional transportation infrastructure, or that would provide metropolitan areas with flexible solutions to solve problems, address needed connectivity in high growth areas, and ensure that areas contributing to transportation solutions will not be penalized with a loss of traditional transportation funding. • Support legislation and funding for 35Express, 35W, and 35N to Red River, and Loop 288 projects. • Support legislation that would index the motor fuels tax to reduce the decline in purchase power of transportation funding. • Support legislation that would provide state funding to support active mobility projects for bicycles and pedestrians. • Support legislation that encourages responsible transportation system innovations through technology, renewable energy-based vehicles and their necessary facilities, autonomous vehicles, autonomous freight, connected vehicle infrastructure and mobility technologies. Utilities We will work to protect our ability to manage our utilities, rights-of-way, and publicly owned land and maintain our authority to make decisions about how our utilities are governed, funded, and operated. To accomplish this goal, we will: • Oppose legislation that would deregulate municipally owned utilities (MOUs), amend their governance authority, or remove local control of setting electric rates. • Support legislation that preserves the governance structure and ability of MOUs to maintain a diversified energy portfolio. • Oppose legislation that would extend or increase mandates for rate payer funded electric subsidies provided by MOUs to four-year state universities, upper level institutions,Texas state technical colleges, or other special groups. • Oppose legislation that will restrict MOUs from building transmission infrastructure outside their service area. • Oppose legislation that would diminish an MOU's ability to maintain the reliability of the electric utility system and protect the safety of employees by allowing wireless communication facilities and antennas to be mounted on utility poles in a manner that disregards best engineering practices, safety codes, or the judgement of electric utilities. • Oppose legislation that modifies the ERCOT energy only market to include an installed capacity mandate or that increases ERCOT ancillary service charges to an MOU's customer/owners to compensate merchant battery storage projects • Support legislation to cost effectively increase the capacity of the ERCOT transmission system and thus mitigate congestion costs associated with moving renewable energy to the load centers in Texas • Oppose legislation that provides any further exemptions to the drainage fee. • Oppose legislation that would impose a state charge on municipal water systems or their customers. • Oppose legislation that would increase any state-required Municipal Solid Waste or other solid- waste related permitting requirements and fees without justification of need. 41 • Support legislation that would expand the state's use of revenues held in TCEQ Fund 5000 in the form of increased Solid Waste Program Grants directly to municipalities or Councils of Government. • Support legislation that would raise the exemption amounts for public works projects in the Texas Engineering Practices Act. • Oppose legislation that would further erode the City's authority to be adequately compensated for any use of its rights-of-way or that would further erode the City's authority over the management and control of its rights-of-way. • Oppose any legislation that would erode the City's authority to require utility companies to pay the costs of relocating their facilities in a timely manner as required by current law. Community Development and Human Services We will work to encourage expansion of the support and human services to the Denton community, including access to affordable housing, social support for addressing homelessness and mental health issues, and education.To accomplish this goal, we will: • Support legislation that reduces the number of people experiencing and at risk of homelessness,through the expansion of affordable, accessible housing opportunities, such as expanding investment in the Housing Trust Fund adequate to Texas' affordable housing needs. • Support legislation to expand homeownership opportunities that reflect the role of affordable home ownership in ensuring wealth building for individuals and families affected by racial and ethnic segregation, marginal ization, and discrimination in compliance with Fair Housing laws. • Support legislation that allocates funding for foreclosure protections such as foreclosure counseling programs. • Support housing stability through tenant protections and COVID-19 recovery efforts, including stated allocated funding for rental assistance and eviction protection programs. • Support legislation that would increase funding for coordinated and comprehensive services for effective behavioral health resources at the community level that ensures wellbeing and community safety for residents of all ages. • Support legislation that would increase access to high quality, affordable childcare and early childhood education; increase access to dropout prevention programs for at-risk students that improve student achievement and post-graduation success; and increase access to programs for children experiencing abuse and neglect. • Support legislation to increase transparency and clarify regulations related to the formation of public facility corporations. Public Safety and Municipal Court We will continue efforts to ensure the safety or our residents and administer efficient and effective public safety services and municipal court operations.To accomplish this goal, we will: • Oppose legislation that would impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state; and support legislation that would provide a more equitable distribution of court fines, resulting in a higher 42 percentage of fines being kept local, where the laws are enforced, the court is held, and the fines are collected. • Support legislation that would require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by the governor or the governor's Division of Emergency Management. • Support legislation that would clarify regulations related to open carry in municipally owned facilities that are contractually operated by non-profit or private entities or clarify where open carry is prohibited in an office building where a municipally owned court is located, or a correctional facility is locked. • Oppose legislation that would restrict a city's authority to determine the appropriate use of technology in public safety, such as the use license plate readers by law enforcement agencies. • Oppose legislation that would prohibit use of Association Business Leave by authorized public safety association members, as provided in existing meet and confer agreements. • Support legislation allowing municipal judges to issue Magistrate's Order of Emergency Protection at a discretionary length as set by the judge. • Support legislation that allows for remote court services such as the virtual operation of jury trials and the use of signed statements in place of sworn affidavits. • Support legislation that would extend the sunset date of Chapter 419 of the Texas Government Code to allow for the continuation of the Texas Commission on Fire Protection, so long as certain provisions as they pertain to the composition of the Fire Fighter Advisory Committee are met. • Support additional funding for mental health resources, support, and training for public safety operations. City of Denton Partners We will continue to support local, regional, and state partners in meaningful ways that benefit the Denton community.To accomplish this goal, we will: • Support legislation that directly benefits Denton County Transportation Authority, if such proposals do not adversely affect the City's interests. • Support legislation that directly benefits NCTC, UNT, and/or TWU and Denton ISD, if such proposals do not adversely affect the City's interests. • Support legislation that directly benefits non-profit partners serving the Denton community and their ability to provide critical services to Denton residents in need, if such proposals do not adversely affect the City's interests. • Oppose legislation that would further reduce funding to Denton ISD, if such proposals do not adversely affect the City's interests. 43 City-Related Bills Filed Table of Contents PropertyTax.................................................................................................................................... 1 PublicSafety................................................................................................................................... 5 SalesTax....................................................................................................................................... 29 Community and Economic Development..................................................................................... 30 Elections........................................................................................................................................ 33 EmergencyManagement .............................................................................................................. 37 MunicipalCourts ..........................................................................................................................40 OpenGovernment.........................................................................................................................41 Other Finance and Administration................................................................................................41 Personnel.......................................................................................................................................47 Purchasing..................................................................................................................................... 53 Transportation............................................................................................................................... 55 Utilitiesand Environment............................................................................................................. 56 Property Tax H.B. 59 (Murr) — School District Property Taxes: would: (1) provide for the elimination of school district maintenance and operations property taxes by January 1, 2024, with certain exceptions; and (2) create a joint interim committee on the elimination of school district maintenance and operations property taxes. H.B. 96(Toth)—Appraisal Cap: would, among other things: (1)provide that the appraised value of residence homestead for a tax year is equal to the market value of the property for the first tax year that the owner qualified the property for a homestead exemption; and(2)require an owner of property to apply for the appraisal cap under (1), above, using an application form prescribed by the comptroller that includes, among other information,the purchase price of the property paid by the applicant. (See H.J.R. 8, below.) H.B. 122 (Bernal) — Property Tax Exemption: would provide that a qualifying caregiver is entitled to a property tax exemption of the total appraised value of the qualifying caregiver's residence homestead for the period during which the qualifying individual for whom the qualifying caregiver provides care is on an interest list for long-term services and supports under the Medicaid program. (See H.J.R. 14, below.) H.B. 125 (Buckley) — Disabled Veteran Grants: would provide that, for purposes of the law governing the provision of state aid to certain local governments disproportionately affected by 1 44 the granting of property tax relief to disabled veterans,the term"local government"includes a city with extraterritorial jurisdiction located within two miles of the boundary line of a United States military installation. H.B. 186 (Zwiener) — Property Tax Exemption: would exempt from property taxation the portion of the appraised value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system. (See H.J.R. 17, below.) H.B. 203 (Bernal)—Sales Price Disclosure: would require the comptroller to conduct a study of the impact, feasibility, and advisability of adopting a property tax system in which the disclosure of the sales price of real property is required by law. H.B. 281 (Stephenson)—Appraisal Review Board: would, among other things,provide that: (1) an appraisal review board consists of five members elected at the general election for state and county officers; (2) the board members are elected from each of the four commissioners precincts in the county in which the appraisal district is established and one member is elected at large from the county; and (3) the members serve two-year terms beginning on January 1 of odd-numbered years. H.B. 283 (Stephenson) — Appraisal District: would, among other things, require the chief appraiser of an appraisal district to be elected at the general election for state and county officers every two years. H.B. 288 (Stephenson) — Property Tax Exemption: would exempt the total appraised value of an adult's residence homestead from school district maintenance and operations property taxes and offset the resulting revenue loss to school districts with state sales and use tax revenue. Of importance to cities, the bill would repeal several sales tax exemptions for purposes of both state and local sales taxes, including: (1) accounting and auditing services; (2) engineering services; (3) legal services; and, (4) real estate brokerage and agency services. (See H.J.R. 19, below.) H.B.381 (Pacheco)—Property Tax Limitation: would establish a mandatory property tax freeze for all taxing units on the residence homesteads of individuals who are disabled or over 65 and their surviving spouses. (See H.J.R. 22, below.) H.B.469(J.Gonzalez)—Property Tax Collection:would entitle an individual to defer collection of a tax imposed on the portion of the appraised value of the property the individual owns and occupies as the individual's residence homestead that exceeds the sum of. (1) 105 percent of the appraised value of the property for the preceding year; and (2) the market value of all new improvements to the property. H.B. 475 (Lopez)—Property Tax Exemption: would exempt from property taxes the residence homestead of the surviving spouse of a member of the armed services who is fatally injured in the line of duty. (See H.J.R. 29, below.) H.B. 494 (White) — Property Tax Appraisal: would: (1) for real property omitted from the tax roll in any one of the five preceding tax years, provide that the chief appraiser may, or shall if 2 45 otherwise required by law,appraise the property as of January 1 of each tax year that it was omitted and enter the property and its appraised value in the appraisal records; and (2) provide that if the chief appraiser enters the property in the appraisal records under (1), above, the entry must show that the appraisal is for the property that was omitted from an appraisal roll in a prior year and must indicate the year and the appraised value for each year. H.B. 522 (Shine)—Property Tax Sales: would, for property tax sales of personal property seized under a tax warrant,require that the posting of the notice and the sale of the property be conducted: (1)by the peace officer or collector, as specified in the warrant, in the manner required for the sale under execution of personal property; or(2)pursuant to an agreement with an auctioneer. H.B. 528 (White) —Appraisal Cap: would establish a 3.5 percent appraisal cap on commercial real property. (See H.J.R. 30, below.) H.B. 529 (White) — Appraisal Cap: would reduce the property tax appraisal cap on residence homesteads from ten to 2.5 percent. (See H.J.R. 31,below.) H.B. 534 (Shine) — Appraisal Methods: would require the chief appraiser to reduce the sales price of a comparable property for appraisal purposes by an amount equal to the amount of the commission that would typically be paid for the sale or purchase of such property. H.B. 535 (Shine)—Property Tax Collection: would provide that the interest rate associated with a tax lien during a period of deferred collection of taxes on the residence homestead of an elderly or disabled individual or a disabled veteran is the ten-year Constant Maturity Treasury Rate reported by the Federal Reserve as of January 1 of the year in which the deferral or abatement was obtained. (Note: Current law provides for a five percent interest rate.) H.B. 649 (Raymond) — Property Tax Exemption: would exempt from property taxes real property owned by a charitable organization for the purpose of providing: (1) housing counseling services without regard to the beneficiaries' ability to pay; and (2) rental housing to low-income and moderate-income individuals and families at below-market rates. H.B. 650 (Raymond) — Property Tax Exemption: would, among other things, provide a local option property tax exemption for a residence homestead owned by a parent or guardian of a person who is disabled and who resides with the parent or guardian. (See H.J.R. 38,below.) H.J.R. 8 (Toth) — Appraisal Cap: would amend the Texas Constitution to provide that the appraised value of residence homestead for a tax year is equal to the market value of the property for the first tax year that the owner qualified the property for a homestead exemption. (See H.B. 96, above.) H.J.R. 14(Bernal)—Property Tax Exemption:would amend the Texas Constitution to authorize the legislature to exempt from property taxes the total assessed value of the residence homestead of an unpaid caregiver of an individual who is eligible to receive certain long-term services. (See H.B. 122, above.) 3 46 H.J.R. 17 (Zwiener) — Property Tax Exemption: would amend the Texas Constitution to authorize the legislature to exempt from property taxation the portion of the appraised value of a person's property that is attributable to the installation in or on the property of a rainwater harvesting or graywater system. (See H.B. 186, above.) H.J.R. 19 (Stephenson) — Property Tax Exemption: would amend the Texas Constitution to authorize the legislature to exempt from maintenance and operations property taxation by a school district all or part of the appraised value of the residence homestead of a married or unmarried adult, including one living alone. (See H.B. 288, above.) H.J.R. 22 (Pacheco) — Property Tax Limitation: would amend the Texas Constitution to establish a mandatory property tax freeze for all taxing units on the residence homesteads of individuals who are disabled or over 65 and their surviving spouses. (See H.B. 381, above.) H.J.R.29(Lopez)—Property Tax Exemption: would amend the Texas Constitution to authorize the legislature to exempt from property taxes the residence homestead of the surviving spouse of a member of the armed services who is fatally injured in the line of duty. (See H.B. 475, above.) H.J.R. 30 (White) — Appraisal Cap: would amend the Texas Constitution to authorize the legislature to limit increases in the appraised value of commercial real property for property tax purposes to 3.5 percent per year. (See H.B. 528, above.) H.J.R. 31 (White) — Appraisal Cap: would amend the Texas Constitution to authorize the legislature to reduce the property tax appraisal cap on residence homesteads from ten to 2.5 percent. (See H.B. 529, above.) H.J.R.38 (Raymond)—Property Tax Exemption: would, among other things, amend the Texas Constitution to authorize a local option property tax exemption for a residence homestead owned by a parent or guardian of a person who is disabled and who resides with the parent or guardian. (See H.B. 650, above.) S.B. 63 (Nelson)—Appraisal Process: would make several changes to the property tax appraisal process, including: (1) imposing term limits on appraisal district board of directors members; (2) prohibiting certain former employees of an appraisal district from later serving on an appraisal district board of directors; (3) prohibiting certain former members of the appraisal review board from serving as an employee of the appraisal district; (4) imposing a 90-day time limit on various determinations that a chief appraiser can make on certain exemptions and other appraisal applications; and(5)limiting the ability of a chief appraiser to offer evidence at certain protest and appraisal hearings in support of modifying or denying an application. S.B. 134 (Johnson) — Property Tax Appraisal: would provide that in a property tax protest or appeal on the grounds of unequal appraisal of property based upon the value relative to the median appraised value of a reasonable number of comparable properties, the appraisal district must generally use comparable properties located within the appraisal district, unless a reasonable number of comparable properties does not exist in the appraisal district, in which case the median 4 47 appraised value of a reasonable number of comparable properties may be calculated using comparable properties in other parts of the state. Public Safety H.B. 43 (Dominguez) — Medical Marihuana: would: (1) authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions; and(2) authorize the licensing of dispensing organizations with a fee not to exceed $30,000 for licenses to dispense medical cannabis. H.B. 54 (Talarico) — Police Reality TV Shows: would prohibit a law enforcement department that employs peace officers from authorizing a television crew to film peace officers while acting in the line of duty for the purpose of creating a reality television show. H.B. 71 (J. Johnson) — Motor Vehicle Search: would provide that: (1) a peace officer is prohibited from searching a motor vehicle that is stopped for a traffic violation unless the peace officer: (a)has probable cause;(b)obtains written consent from the vehicle's operator on a specific form; (c) obtains oral consent from the vehicle's operator that is evidenced by an audio and video recording on a body worn camera; or (d) has reasonable and articulable fear that the vehicle's operator and/or passengers pose a threat to the safety of the peace officer or another person; and (2) the Texas Commission of Law Enforcement shall promulgate rules related to the required written consent form and audio and video recording. H.B. 73 (Hinoiosa) — Defense Limitations: would: (1) define the terms "gender identity" and "sexual orientation;" (2) limit the use of certain defenses if they are based on the actor's or defendant's discovery or knowledge of, or the victim's disclosure or potential disclosure of, the gender identity or sexual orientation of the victim or a nonviolent romantic or sexual advance made by the victim toward the actor; and (3) apply regardless of whether a defendant's knowledge, discovery, or belief regarding the victim's gender identity or sexual orientation was accurate. H.B. 86 (Swanson) — Wireless Devices: would prohibit a local authority from regulating or prohibiting the use of a wireless communication device while operating a motor vehicle. H.B. 88 (Thompson)—Police Reform: this bill, known as the "George Floyd Act,"would make numerous changes related to interactions between peace officers and individuals detained or arrested on the suspicion of the commission of crimes,peace officer liability for those interactions, and the disciplinary of peace officers in certain cities. Of primary importance to cities, the bill would: 1. With respect to officer liability: a. provide that a person may bring an action for any appropriate relief against a peace officer who, under the color of law, deprived the person or caused the person to be deprived of any rights under the Texas Constitution,provided that 5 48 such action is brought not later than two years after the day the cause of action accrues; b. provide that statutory immunity or a limitation on liability, damages, or attorney's fees does not apply to the action described in (1)(a), above, and a court shall award reasonable attorney's fees and court costs to a prevailing plaintiff and if judgment is entered in favor of the defendant, the court may award reasonable attorney's fees and costs to the defendant only for defending claims the court finds frivolous; c. provide that qualified immunity or the defendant's good faith but erroneous belief in the lawfulness of the defendant's conduct is not a defense to an action brought under(1)(a), above; and d. require a public entity, including a city, to indemnify a peace officer employed by the entity for liability incurred by and a judgement imposed against the officer in an action brought under(1)(a), above, except that the entity shall not be required to indemnify the peace officer if the officer was convicted for the conduct that is the basis for the action; 2. With respect to the duties and powers of a peace officer: a. amend current law to provide that a peace officer has the discretion on whether or not, if authorized, to: i. interfere without a warrant to prevent or suppress a crime; or ii. arrest offenders without warrant so that they may be taken before the proper magistrate or court and be tried; b. provide that a peace officer shall: i. identify as a peace officer before taking any action within the course and scope of the officer's official duties unless the identification would render the action impracticable; ii. intervene if the use of force by another peace officer: 1. violates state or federal law or a policy of any entity service by the other officer; 2. puts any person at risk of bodily injury, unless the officer reasonably believes that the other officer's use of force is immediately necessary to avoid imminent harm to a peace officer or other person; or 3. is not required to apprehend or complete the apprehension of a suspect; and 4. shall provide aid immediately to any person who needs medical attention, including a person who needs medical attention as a result of the use of force by a peace officer; c. provide that a defendant may not be convicted of an offense related to controlled substances on the testimony of person acting covertly on behalf of a law enforcement agency unless the testimony is corroborated by evidence tending to connect the defendant with the offense committed; 3. With respect to issuing citations in lieu of arrest for misdemeanor offenses: a. provide that the Texas Southern University, in consultation with other law enforcement organizations, shall publish a model policy related to the issuance of citations for misdemeanor offenses, including traffic offenses, that are 6 49 punishable by fine only, that includes the procedure for a peace officer, upon a person's presentation of appropriate identification, to verify the person's identity and issue a citation to the person; b. provide that each law enforcement agency shall adopt a written policy regarding the issuance of citations for misdemeanor offenses, including traffic offenses, that are punishable by fine only, provided that such policy meets the requirements of the model policy described in(3)(a), above; c. provide that a law enforcement agency may adopt the model policy developed under(3)(a), above; d. provide that, with the exception of certain assault offenses and for the offense of public intoxication, a peace officer or any other person may not, without a warrant, arrest an offender for a misdemeanor punishable by fine only or arrest a person who commits one or more offenses punishable by fine only; e. provide that a peace officer who is charging a person, including a child, with committing an offense that is a misdemeanor punishable by fine only,other than an offense of public intoxication, shall, instead of taking the person before a magistrate, issue a citation to the person; f. provide that a peace officer who is charging a person, including a child, with committing certain assault offenses that are a misdemeanor,punishable by fine only, may, instead of taking the person before a magistrate, issue a citation to the person; g. provide that a peace officer may not arrest, without warrant, a person found only committing one or more misdemeanors related to certain traffic offenses that are punishable by fine only, and in such instances shall issue a written notice to appear to the person; 4. With respect to de-escalation and proportionate response: a. provide that a law enforcement agency shall adopt a detailed written policy regarding the use of force by peace officers that must: i. emphasize the use of force in a manner proportionate to the threat posed and to the seriousness of the alleged offense; ii. mandate that deadly force is only to be used by peace officers as a last resort; and iii. affirm the sanctity of human life and the importance of treating all persons with dignity and respect; b. provide that a law enforcement agency may adopt the model policy on use of force developed by the Texas Commission on Law Enforcement and described in (6)(a),below; 5. With respect to disciplinary procedures in certain cities: a. require a civil service commission to implement a progressive disciplinary matrix for infractions committed by police officers that consists of a range of progressive disciplinary actions applied in a standardized way based on the nature of the infraction and the officer's prior conduct record, and such matrix must include: i. standards for disciplinary actions related to use of force against another person,including the failure to de-escalate force incidents in accordance with departmental policy; 7 50 ii. standards for evaluating the level of discipline appropriate for uncommon infractions; and iii. presumptive actions to be taken for each type of infraction and any adjustment to be made based on a police officer's previous disciplinary action; b. make changes to the meet and confer provisions applicable to police officers to provide that certain cities that have adopted a meet and confer agreement but are not subject to civil service rules or collective bargaining shall implement a progressive disciplinary matrix as described in (5)(a), above, for its police officers, and that such agreement may not conflict or supersede a rule concerning the disciplinary actions that may be imposed under the disciplinary matrix; c. provide that a hearing examiner in a city subject to civil service rules must presume a disciplinary action applied to a police officer under a progressive disciplinary matrix is reasonable unless the facts indicate that the department inappropriately applied a category of offense to the particular violation; and d. make changes to the collective bargaining statute to provide that a city that has adopted a collective bargaining agreement but is not subject to civil service rules shall implement a progressive disciplinary matrix as described in (5)(a), above, for its police officers, and that such agreement may not conflict with an ordinance, order, statute, or rule related to disciplinary actions that may be imposed on its police officers under a disciplinary matrix implemented by the city; 6. With respect to use of force: a. provide that the Texas Commission on Law Enforcement shall develop and make available to all law enforcement agencies a model policy and associated training materials regarding the use of force by peace officers; b. make changes to the instances in which a person, including a peace officer and a person in the presence of and at the direction of a peace officer, may be justified in using nonlethal force in connection with making or assisting in making an arrest or search, or preventing or assisting in preventing escape after an arrest, c. make changes to instances in which a peace officer or a person in the presence of and at the direction of a peace officer may be justified in using deadly force in connection to making an arrest or preventing escape after an arrest; d. provide that the use of force against a person in connection with making or assisting in making an arrest or search, or preventing or assisting in preventing an escape after an arrest, is not justified if the force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; and e. repeal the Penal Code provision that provides that a peace officer or a person other than a peace officer acting in the officer's presence and direction has no duty to retreat before using deadly force in connection with making an arrest or preventing escape after arrest. 8 51 (Companion bill is S.B. 161 by West.) H.B. 94 (Reynolds)—Medical Marihuana: would: (1) authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions; (2) provide for medical cannabis registry identification cards; (3) authorize the licensing of dispensing organizations and testing facilities; and(4) authorize an application fee for licenses to operate a dispensing organization. (Companion bill is S.B. 90 by Menendez.) H.B. 95 (Meza) — Discharge of Weapon: would: (1) require a law enforcement agency that is authorized to employ peace officers to adopt a policy regarding a peace officer discharging a firearm at or in the direction of a moving vehicle; and(2)provide that such policy must prohibit a police officer from discharging a firearm at or in the direction of a moving vehicle unless the peace officer discharges the firearm only when and to the degree the officer reasonably believes is immediately necessary to protect the officer or another person from the use of unlawful deadly force by an occupant of the vehicle by means other than by using the moving vehicle to strike any person. (Companion bill is S.B. 72 by Miles.) H.B. 99 (Toth) — Criminal Penalties for Possession of Marihuana: would: (1) reduce criminal penalties for the possession of two ounces or less of marihuana; (2) provide that a peace officer may not arrest an individual without a warrant for possession of two ounces or less of marihuana; and(3)provide that the driver's license of a person convicted of possession of two ounces or less of marihuana is not automatically suspended. H.B. 100 (Gervin-Hawkins) —Dangerous Dogs: would provide that a municipal animal control authority may impound and manage dangerous dogs and aggressive dogs in the extraterritorial jurisdiction (ETJ) of the city if. (1) the authority receives a petition: (a) signed by at least three residents from three different households in the ETJ requesting assistance from the authority; and (b)alleging that dangerous or aggressive dogs have repeatedly attacked humans,domestic animals, or livestock within the ETJ, and due to their presence, the ETJ is an unsafe environment for humans, domestic animals, or livestock; and (2) no animal control authority is authorized to operate in the ETJ,or the operating animal control authority does not provide for the impoundment or management of dangerous dogs or aggressive dogs. H.B. 101 (Toth) —Immigration Detainers: would provide that a city that releases from custody a person who is the subject of an immigration detainer request issued by United State Immigration and Customs Enforcement is liable for damages resulting from a felony committed by the person in Texas within 10 years following the person's release if. (1) the city did not retain the person as requested; (2) the person was not a citizen at the time of release; and (3) the attorney general has filed a petition or applied for equitable relief against the city. H.B. 103 (Landgraf) — Active Shooter Alert System: would require the Texas Department of Public Safety to establish the Texas Active Shooter Alert System and allow local law enforcement agencies to request activation of the system when certain criteria are met. 9 52 H.B. 118 (Ortega) — Private Firearms Transfers: would impose regulations on a person who sells or otherwise transfers a firearm to another person, and provide criminal penalties for a failure to comply with such regulations. H.B. 127(Ortega)—Firearms: would,with certain exceptions,make it an offense for a person to intentionally,knowingly,or recklessly carry on or about his person a firearm,other than a handgun, at any time in which the firearm is in plain view. H.B. 132 (Canales) — Forfeiture Proceeding: would: (1) raise the state's burden of proof from preponderance of the evidence to clear and convincing evidence in proceedings related to the seizure of property and forfeiture hearings; (2) limit the transfer of forfeitable property to the federal government; and (3) limit law enforcement agency or Texas National Guard cooperation in federal forfeiture actions. H.B. 138 (Landgraf) — Disorderly Conduct: would increase, to a Class B misdemeanor, the penalty for the offense of, for a lewd or unlawful purpose: (1) entering into property of another and looking into a dwelling on the property through any window or other opening in the dwelling; (2)while on the premises of a hotel or comparable establishment looking into a guest room not the person's own through the window or other opening in the room; or(3)while on the premises of a public place, looking into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area. H.B. 162 (Thierry)—Prostitution: would: (1)provide that a child may not be referred to juvenile court for prostitution; (2) provide that a law enforcement officer taking possession of a child suspected of engaging in prostitution shall: (a) use best efforts to deliver the child to the child's parent or another person entitled to take possession of the child; (b) in the event the officer cannot find an individual under (a), take the child to a local service provider who will facilitate the assignment of a caseworker; or (c) in the event an individual under (a) and (b) is unavailable, transfer possession of the child to the Department of Family Protective Services; and (3) provide that a person may not be prosecuted for prostitution that the person committed when younger than 17 years of age. H.B. 164 (Meza) — Extreme Risk Protective Orders: would, among other things: (1) provide that, in certain circumstances, courts may issue an extreme risk protective order against a person exhibiting dangerous behavior or conduct as a result of a serious mental illness, including any behavior or conduct related to the person's use of firearms, requiring the person to relinquish his or her firearms; (2) require local law enforcement agencies to: (a) take possession of a person's firearms when a court issues an extreme risk protective order against that person and to immediately provide the person a written copy of the receipt for the firearm and written notice of the procedure for return of the firearm; (b) if applicable, notify the court that issued the extreme risk protective order that the person who is the subject of the order has relinquished the firearm not later than seven days after the law enforcement agency receives the firearm; (c) conduct a check of state and national criminal history record information to verify whether the person may lawfully possess a firearm not later than 30 days after receiving notice from the court that the extreme risk protective order has expired; (d) if the check described in (c) verifies that the person may lawfully possess a firearm, provide written notice to the person by certified mail stating that 10 53 the firearm may be returned to the person if the person submits a written request before the 121 st day after the date of the notice; (3)provide that a local law enforcement agency in possession of a firearm relinquished because of an extreme risk protective order may not destroy the firearm but may sell the firearm to a licensed firearms dealer if the check in (2)(c) shows that the person may not lawfully possess a firearm or the person does not submit a written request as required by(2)(d); (4)provide that the proceeds from the sale of a firearm in(3), above, shall be paid to the owner of the seized firearm,less the cost of administering the bill with respect to the firearm;and(5)provide that a law enforcement officer or other employee of a law enforcement agency is subject to punishment for contempt of court if the officer or employee violates the bill with the intent to withhold a firearm from a person who, at the time the violation occurred: (a)was the subject of an extreme risk protective order that was rescinded or that expired; and(b) may lawfully possess the firearm. (Companion bill is H.B. 395 by Moody.) H.B. 169 (S. Thompson)—Criminal Penalties for Drug Possession: would reduce the criminal penalties for possession of small amounts of Penalty Group 1 controlled substances and marihuana. H.B. 170(Ortega)—Alcoholic Beverages: would provide that the prohibition on the consumption of alcoholic beverages in a public place during certain hours applies to all public places,regardless of whether it is a licensed or permitted premises. H.B. 175 (Thierry) — Arrest Without Warrant: would eliminate a Penal Code provision that provides that a peace officer or any other person may arrest, without a warrant, an offender who commits a felony or offense against the public peace when the offense is committed in the presence or view of the officer or person. H.B. 177 (Bernal) —Immigration Enforcement: would provide that a law enforcement agency is not required to comply with, honor, or fulfill a detainer request provided by the federal government with respect to a person who is younger than 18 years of age. H.B. 182 (Bernal)—Immigration Enforcement: would repeal certain provisions governing state and local enforcement of immigration laws and other provisions related to immigration law, such as the requirement that a law enforcement agency honor a detainer request. H.B. 184 (Thierry) — Civilian Complaint Review Board: would create, in a city with a population of one million or more and in a county with a population of two million or more, a civilian complaint review board with, among other things, the authority to: (1) investigate allegations of peace officer misconduct involving excessive use of force or abuse of authority; and (2) issue subpoenas. H.B. 196 (Meza) — Stand Your Ground: would, among other things, amend current law to provide that: (1)a person is not justified in using deadly force against another individual: (a)if the person is able to safely retreat, unless the person is in his or her own habitation; or (b) to prevent the individual's imminent commission of robbery or aggravated robbery. H.B. 229 (Meza) — Reporting Protective Orders and Convictions: would: (1) provide that, on receipt of an original or modified protective order from the clerk of the court, a law enforcement 11 54 agency must immediately, and not more than 48 hours later, enter the information into the statewide law enforcement information system; and(2)require a local entity to report a conviction that would prohibit a person from possessing a firearm under state or federal law to the Texas Department of Public Safety not later than 48 hours after the judgment of conviction is entered. H.B. 234 (Ortega) — Large-Capacity Magazines: would: (1) create a criminal offense for the unlawful possession or transfer of a large-capacity magazine; and (2) provide that it is a defense to prosecution under(1)if the actor engaged in the conduct while in the discharge of official duties, or directly in route to an assignment, as a peace officer. H.B. 236 (Bernal) — Licensed Carry: would provide that, in relation to the notice required to prohibit licensed carry (e.g., "30.06" and "30.07" signs): (1) the Department of Public Safety (DPS) shall adopt rules that prescribe the size of a sign and the lettering on the signs; (2)the rules may not require that the signs be larger than 8.5 inches by 11 inches for each language in which the sign must be posted; (3) DPS by rule shall adopted a Spanish translation of the language required to be on the signs; and(4)DPS shall make available on its website a printable copy of the English and Spanish versions of the signs. H.B. 238 (Meza)—Ammunition and Firearms: would remove certain prohibitions against a city adopting regulations related to ammunition and firearms. H.B. 239 (Murr) —Drug Free Zones: would increase certain controlled substance offenses to a felony of the first degree if it is shown at trial that the offense was committed in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, the premises of public or private youth center, a playground, or on a school bus. H.B. 241 (Ortega) — Assault Weapons: would: (1) create a criminal offense for the unlawful possession or transfer of an assault weapon; (2) provide that it is a defense to prosecution under (1) if the actor engaged in the conduct while in the discharge of official duties, or directly in route to an assignment, as a peace officer; (3) except assault weapons from certain requirements when a law enforcement agency holds the weapon in connection with a seizure; (4)prohibit a peace officer or retired peace officer from purchasing an assault weapon from his/her department;and(5)amend certain use of force provisions. H.B. 251 (S. Thompson) — Asset Forfeiture: would, with certain exceptions, repeal the law related to civil asset forfeiture and establish criminal asset forfeiture in this state, and among other things: (1) authorize a convicting court to order a person convicted of an offense subject to forfeiture to forfeit certain property, but only after the state establishes by clear and convincing evidence that the requirements for forfeiture are met or enters into a court-approved plea agreement for the forfeiture of the property; (2) provide that contraband is not subject to forfeiture, but is subject to seizure and must be disposed in accordance with state law; (3) establish procedures for the seizure of real and personal property and for the defendant to challenge the seizure; (4)provide that a forfeiture proceeding must be held following the trial of the related alleged offense; (5) authorize a defendant, at any time following a forfeiture determination, to petition the court to determine whether the forfeiture is unconstitutionally excessive; (6) prohibit the property of an innocent owner from being forfeited; (7) prohibit a law enforcement agency from: (a) retaining any forfeited or abandoned property for the agency's use; or(b) selling any forfeited or abandoned 12 55 property directly or indirectly to an employee, a person related to an employee, or another law enforcement agency; (8)require law enforcement agencies to report certain forfeiture information to the Department of Public Safety; (9)require a law enforcement agency to return property under certain circumstances and make the agency responsible for any damage, storage fees, and related costs applicable to the property; and (10) prohibit the transfer of seized property to the federal government, with some exceptions. H.B. 266 (S. Thompson)—Criminal Penalties for Drug Possession: would reduce the criminal penalties for possession of small amounts of Penalty Group 1 controlled substances. H.B. 268 (Meza) — Prohibiting Chokeholds: would provide that the use of any force, by any person,including a peace officer or person acting in and at the direction of an officer,in connection with the arrest of another person, is not a justified use of force if such force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth. H.B. 272 (Meza) — No-Knock Entries: would, among other things, provide that not later than December 1, 2022, a law enforcement agency that employs peace officers who enter, for the purpose of executing a warrant,into a building or other place without giving notice of the officer's authority or purpose before entering (no-knock entry) shall report to the Department of Public Safety,on a form prescribed by the department,the following information for the period beginning on November 1, 2021, and ending on October 31, 2022: (1) the number of no-knock entries performed by peace officers employed by the law enforcement agency; and(2) for each no-knock entry performed: (a) whether any peace officer suffered an injury or death as a result of the entry and a description of each injury and cause of death, as applicable; (b) whether any other person suffered an injury or death as a result of the entry and a description of each injury and cause of death, as applicable; (c) if the entry was performed for the purpose of executing a search warrant, a description of the property to be searched for and of any property seized; (d) if the entry was performed for the purpose of executing an arrest warrant,the name of the person whose arrest was ordered and the offense the person was accused of committing; and (e) the name of the person arrested. H.B. 274 (Meza) — Cite and Release: would: (1) provide that each law enforcement agency, in consultation with judges, prosecutors, commissioners courts, city council, and residents located within the agency's jurisdiction, shall adopt a written policy regarding the issuance of citations for misdemeanor offenses, including traffic offenses,that are punishable by fine only; (2)provide that such policy must: (a) provide a procedure for a peace officer, on a person's presentation of appropriate identification, to verify the person's identity and issue a citation to the person; (b) comply with current law; and (c) ensure judicial efficiency, law enforcement efficiency and effectiveness, and community safety; (3)provide that a peace officer or any other person may not, without a warrant, arrest an offender who commits only one or more offenses punishable by fine only, other than certain assaultive offense, public intoxication, or offenses related to alcohol and minors, unless the officer or person has probable cause to believe that: (a) the failure to arrest the offender creates a clear and immediate danger to the offender or the public; (b)the failure to arrest the offender will allow the continued breach of the public peace; or(c)the offender will not appear in court in accordance with the citation; (4) provide that, notwithstanding current law, a peace officer may not arrest,without a warrant, a person who commits one or more offenses punishable 13 56 by fine only,other than certain assaultive offenses,public intoxication or offenses related to minors and alcohol, unless the officer has probable cause as described in (3), above; (5) amend current law to provide that a peace officer who is charging a person, including a child,with committing a misdemeanor punishable by fine only, other than for certain assaultive offenses, public intoxication or offenses related to minors and alcohol, shall instead of taking the person before a magistrate,issue a citation to the person; (6)provide that peace officer charging a person,including a child, with committing an offense that is a misdemeanor punishable by fine only for certain assaultive offenses or offenses related to minors and alcohol, may instead of taking such person before a magistrate, issue a citation to that person; (7) amend current law to provide that a peace officer may not arrest a person found committing only one or more misdemeanors,related to traffic offenses,punishable by fine only unless the person has probable cause as described in (3), above; and (8) amend current law to provide that unless authorized to arrest a person for violation of a traffic rule, an peace officer shall issue a citation to a person if the offense for violation of a traffic rule is a misdemeanor that is punishable by fine only. H.B. 299 (Springer) — Unlicensed Carry: would: (1) grant authority to carry a handgun to an unlicensed person who is at least 21 years old, has not been convicted of a felony, is qualified under federal law to purchase and possess a handgun, is not a member of a criminal gang, carries the handgun in a concealed manner or in a holster, and meets certain other legal requirements; and (2)provide various regulatory changes to address a person who is unlicensed,but otherwise legally authorized to carry a handgun under(1). H.B.304 (Springer)—Licensed Carry: would,among other things: (1)authorize a license holder to carry in many places that carrying is currently prohibited, such as any property owned by a governmental entity, in a bar, in a courtroom, or into the secured area of an airport; (2) attempt to clarify that a license holder is prohibited from carrying a handgun only on the portion of: (a) any grounds or building on which an activity sponsored by a school or educational institution is being conducted; or (b) the premises of a polling place where voting or other election-related activities are occurring on the day of an election or during early voting; and(3)reduce the penalties that can be imposed when a license holder carries into an impermissible area. H.B. 307 (Collier)—Criminal Penalties for Marihuana Possession: would provide a defense to possession of certain consumable hemp products containing a controlled substance or marihuana if. (1) the person possesses a product that purports by the product's label to contain a consumable hemp product that is authorized under state or federal law; (2)the product described by(1), above, contains a controlled substance or marihuana, other than the substances extracted from hemp in the otherwise legal concentrations; and (3) the person purchased the product described by (1), above, from a retailer the person reasonably believed was authorized to sell a consumable hemp product. H.B. 312 (Collier) — Implicit Bias Training: would provide that: (1) as part of the minimum curriculum requirements for law enforcement training, each officer shall complete an implicit bias training program developed by the State Board of Education and the Texas Commission on Law Enforcement not later than the second anniversary of the date the officer is licensed unless the officer completes the training as part of the officer's basic training course; and(2)provide that the required police officer continuing education program shall include training that consists of de- 14 57 escalation techniques to facilitate interaction with members of the public, including techniques to recognize and address implicit bias. H.B. 313 (Collier) — Mental Health Police Certification: would amend the requirements for certifying an peace officer as a special officer for offenders with mental impairments to include: (1) completion of a training program on acquired and traumatic brain injuries; (2) completion of a training program on veterans with combat-related trauma, post-traumatic stress, post-traumatic stress disorder,or a traumatic brain injury; and(3)passing an examination that includes knowledge and recognition of a person with the characteristics and symptoms of mental illness or an intellectual or developmental disability. H.B. 323 (P. Kin2) — Accreditation Grant Program: would, among other things, provide that the Governor's criminal justice division shall establish and administer a grant program to provide financial assistance, in an amount that does not exceed $5,000, to a law enforcement agency for purpose of. (1) obtaining or maintaining recognition through the Texas Police Chiefs Association Law Enforcement Best Practices Recognition Program; (2) becoming accredited or maintaining accreditation by the Commission on Accreditation for Law Enforcement Agencies, Inc.; or (3) becoming accredited or maintaining accreditation by an association or organization designated by the division. H.B. 336 (Cain)—Prohibition of Extreme Risk Protective Orders: would, among other things: (1) define an "extreme risk protective order" as a court order, warrant, or executive order issued against a person that is not issued based on the person's conduct constituting an offense and has the primary purpose of reducing the risk of death or injury related to a firearm by: (a)prohibiting a person from owning, possessing, or receiving a firearm; or(b) requiring a person to surrender a firearm or otherwise removing a firearm from a person; (2) preempt cities from adopting a rule, ordinance, order, policy, or other similar measure relating to an extreme risk protective order unless state law specifically authorizes it; and(3) create a state jail offense if a person enforces or attempts to enforce an extreme risk protective order against another person in this state. H.B. 345 (Rose) - Authority of Peace Officers: would: (1) amend current law to give a peace officer discretion to, if authorized: (a) interfere without warrant to prevent or suppress a crime; and (b) arrest offenders without warrant so that they may be taken before a magistrate and tried; (2)repeal current law requiring a peace officer to summon aid from a sufficient number of citizens of his county whenever such officer meets resistance in discharging any duty imposed upon him by laws; and (3) repeal current law requiring a peace officer to report to the district or county attorney any person who, after being summoned by the officer to assist the officer in performing any duty, refuses to obey the officer. H.B. 346 (Rose) — Prohibiting Chokeholds: would provide that the use of any force, by any person,including a peace officer or person acting in and at the direction of an officer,in connection with the arrest of another person, is not justified if such force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person's throat, neck, or torso or by blocking the person's nose or mouth. 15 58 H.B. 356 (Sherman) — Affidavit for Installation and Use of Mobile Tracking Device: would, among other things, require a peace officer's affidavit to provide facts and circumstances in his or her affidavit that show probable cause (instead of reasonable suspicion under current law) that criminal activity has been,is,or will be committed and the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity in order for a district judge to issue an order for the installation and use of a mobile tracking device. (Companion bill is S.B. 112 by West.) H.B.367(Sherman)—Hate Crimes:would: (1)require a local law enforcement agency receiving notice of a judgment of a crime committed because of bias or prejudice promptly to enter the information into the National Crime Information Center and the Texas Crime information Center; and(2)create a criminal offense for a person convicted of certain crimes based on bias or prejudice to possess a weapon before the fifth anniversary of the later of the date of the person's release from confinement following the conviction or the date of the person's release from supervision under community supervision, parole, or mandatory supervision, as applicable. H.B. 377 (R. Smith) —Alert for Missing Persons Experiencing Mental Health Crisis: would: (1) add a missing person experiencing a mental health crisis to the list of persons for which a local law enforcement agency may request the Department of Public Safety to issue a statewide alert; and (2) define "person experiencing a mental health crisis" as a person who is experiencing a mental health crisis and, due to that crisis, poses a danger to the person or to others. H.B. 395 (Moody) —Extreme Risk Protective Orders: would, among other things: (1) provide that, in certain circumstances, courts may issue an extreme risk protective order against a person exhibiting dangerous behavior or conduct as a result of a serious mental illness, including any behavior or conduct related to the person's use of firearms, requiring the person to relinquish his or her firearms; (2) require local law enforcement agencies to: (a) take possession of a person's firearms when a court issues an extreme risk protective order against that person and to immediately provide the person a written copy of the receipt for the firearm and written notice of the procedure for return of the firearm; (b) if applicable, notify the court that issued the extreme risk protective order that the person who is the subject of the order has relinquished the firearm not later than seven days after the law enforcement agency receives the firearm; (c) conduct a check of state and national criminal history record information to verify whether the person may lawfully possess a firearm not later than 30 days after receiving notice from the court that the extreme risk protective order has expired; (d) if the check described in (c) verifies that the person may lawfully possess a firearm, provide written notice to the person by certified mail stating that the firearm may be returned to the person if the person submits a written request before the 121" day after the date of the notice; (3)provide that a local law enforcement agency in possession of a firearm relinquished because of an extreme risk protective order may not destroy the firearm but may sell the firearm to a licensed firearms dealer if the check in (2)(c) shows that the person may not lawfully possess a firearm or the person does not submit a written request as required by(2)(d); (4)provide that the proceeds from the sale of a firearm in(3), above, shall be paid to the owner of the seized firearm,less the cost of administering the bill with respect to the firearm; and(5)provide that a law enforcement officer or other employee of a law enforcement agency is subject to punishment for contempt of court if the officer or employee violates the bill with the intent to withhold a firearm from a person who, at the time the violation occurred: (a)was the subject of an 16 59 extreme risk protective order that was rescinded or that expired; and(b)may lawfully possess the firearm. (Companion bill is H.B. 164 by Meza.) H.B. 402 (Hernandez)—Asset Forfeiture: would allow the head of a law enforcement agency to use any portion of the gross amount credited to the agency's special forfeited property fund from the forfeiture of contraband gained from a human trafficking offense to cover the costs of a contract with a city program to provide services to domestic victims of trafficking. H. B. 418 (Sherman) -Prohibiting Chokeholds: would provide that the use of any force,by any person, including a peace officer or person acting in and the direction of an officer, in connection with the arrest of another person, is not a justified use of force if such force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person's throat, neck, or torso or by blocking the person's nose or mouth. (This bill is identical to H.B. 346 and S.B. 69 by Rose and Miles, respectively.) H.B. 421 (Cortez) — Notice to Adult Victims of Family Violence: would add to the notice of victim's legal rights and remedies that a peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence gives to the victim: (1) information about terminating a lease; (2)information about retrieving important items of personal property from a residence; and(3)an instruction to consult a legal aid office,prosecuting attorney, or private attorney for assistance obtaining the proper document or court order to terminate a lease or enter a residents to get important personal property. H.B. 435 (Gervin-Hawkins) — Public Transportation System Vehicles: would increase the criminal penalty for certain offenses committed in a vehicle operated by a public transportation system. H.B. 439 (Canales)—Marihuana Concentrate: would: (1) define marihuana concentrate as the resin extracted from marihuana or a compound, manufacture, salt, derivative, mixture, or preparation of the resin; and (2) add marihuana concentrate as a controlled substance subject to criminal penalties for possession or delivery or marihuana concentrate. (Companion bill is S.B. 151 by N. Johnson.) H.B. 441 (Zwiener) — Criminal Penalties for Possession of Marihuana: would: (1) reduce criminal penalties for the possession of one ounce or less of marihuana and possession of drug paraphernalia; (2) provide that a peace officer may not arrest an individual without a warrant for possession of one ounce or less of marihuana or possession of drug paraphernalia; and(3)provide that a person may apply and pay a fee to expunge a criminal complaint for possession of one ounce or less of marihuana or drug paraphernalia in certain circumstances. H.B. 446 (Allison)—Public Monuments: would increase the criminal penalty for the offense of criminal mischief involving the damage or destruction of a public monument. H.B.447(Moody)—Cannabis:would: (1)authorize the possession,use,cultivation,manufacture, distribution, sale, and testing of cannabis and cannabis products; (2) authorize the licensing of dispensing organizations; (3) authorize an application fee for licenses to operate a dispensing 17 60 organization; (4) preempt cities from enacting, adopting, or enforcing a rule, ordinance, order, resolution, or other regulation that prohibits or unreasonably restricts the cultivation, production, processing, dispensing, transportation, or possession of cannabis or cannabis products or the operation of a cannabis grower, cannabis establishment, cannabis secure transporter, or cannabis testing facility as authorized by the bill; (5) provide that cities may adopt regulations consistent with the bill governing the hours of operation, location, manner of conducting business, and number of cannabis growers, cannabis establishments, or cannabis testing facilities; (6) provide for certain criminal penalties; and (7) provide for a tax on cannabis or cannabis products, 10% of which would go to cities in which cannabis establishments are located in proportion to number of cannabis establishments. H.B. 459 (Shaheen) - Suspicious Activity: would prohibit a civil lawsuit against a person who reports suspicious activity to an appropriate law enforcement authority if the person acted: (1) as a reasonable person would in the same or similar circumstances; and (2) with a reasonable belief that the suspicious activity constituted or was in furtherance of a crime, including an act of terrorism. H.B. 461 (Shaheen)—Super-Intensive Supervision Program: would require a law enforcement agency to execute, as soon as practicable, a warrant: (1) that is directed to the agency; and (2) issued for the return of a releasee in the super-intensive supervision program based on a violation of a condition of parole or mandatory supervision related to the electronic monitoring of the releasee. H.B. 492 (Wu) — No-Knock Entries: would prohibit a magistrate, including a municipal judge, from issuing an arrest or search warrant that authorizes a peace officer from entering, for the purpose of executing a warrant, into a building or other place without giving notice of the officer's authority or purpose before entering (a no-knock entry). (Companion bill is S.B. 175 by Miles.) H.B. 496 (Wu)—Display of Identification: provides that a peace officer: (1)who is discharging an official duty and not undercover shall: (a) display in a visible manner at all times the officer's first and last name and badge number or other identification number; and (b)provide the officer's first and last name and badge number of other identification number to any person on request; (2) wearing riot gear that includes a helmet or a shield is considered to have complied with(1),above, only if the officer displays the required information on each of those items, as applicable; and (3) commits an offense if the officer violates (1)(b), and such offense is a Class C misdemeanor. H.B. 498 (Wu) — Criminal Penalties for Possession of Marihuana: would reduce criminal penalties for the possession of one ounce or less of marihuana. H.B. 558 (White)—Blood Specimen: would, for certain arrests for an intoxication and alcoholic beverage offense involving the operation of a motor vehicle or a watercraft: (1)require the taking of a specimen of a person's blood if at the time of the arrest,the arresting peace officer reasonably believes that as a direct result of the accident any individual has died or will die; and (2) require the taking of a specimen of a person's blood or breath at the time of the arrest, if the arresting peace officer reasonably does not believe that as a direct result of the accident any individual has died or will die, but believes as a direct result of the accident, an individual other than the person 18 61 has: (a) suffered serious bodily injury; or (b) has suffered bodily injury and has been transported to a hospital or other medical facility. H.B. 562 (Meza)—De-escalation Policy: would provide that, no later than January 1, 2022, each law enforcement agency adopt a detailed written policy regarding the use of force by its peace officers that must: (1) emphasize the use of conflict de-escalation techniques; and (2) authorize force to be used only after attempts to de-escalate a situation have failed. H.B. 563 (Meza) — Law Enforcement Intervention Policy: would provide that, no later than January 1, 2022, each law enforcement agency shall adopt a detailed written policy requiring its peace officers to intervene to stop or prevent another peace officer from: (1)using excessive force against a person suspected of committing an offense, if an ordinary, prudent peace officer would intervene under the same or similar circumstances; or(2) committing an offense. H.B. 579 (Dutton)—SWAT Teams: would provide that: (1) a law enforcement agency may not create or administer a SWAT team unless: (a) each law enforcement officer on that team is equipped with a body worn camera; and (b) the law enforcement agency establishes policies and procedures to ensure that body worn cameras: (i) are activated and recording during all team action; and (ii) continue recording until all suspects present at the scene have been arrested or released from custody or all law enforcement personnel have left the premises; (2) a law enforcement agency administering a SWAT team shall adopt a policy designed to limit the deployment of that team to situations involving an imminent threat of serious bodily injury to law enforcement officers or the public, except that the existence of a legally owned firearm in the home of an individual does not in itself constitute evidence of an imminent threat; (3) the decision to deploy a SWAT team must be based on consideration of: (a) any available evidence indicating an imminent threat to a person or officer; and(b)whether conditions are such that the suspect cannot reasonably be apprehended using routine methods; (4) when a SWAT team is deployed for a planned warrant service or for an incident not involving ongoing violence: (a) the basis for believing an imminent threat exists must be reviewed and approved by a supervisor at the level of captain or above before the deployment occurs; and(b)the supervisor described by(4)(a), above, must provide in advance of the deployment written justification for any execution of a warrant after sunset and before sunrise; (5) each law enforcement agency administering a SWAT team shall annually report, to the agency's local governing body, information about team deployments and training that include: (a) each date on which the SWAT team was deployed; (b) the location for each incident involving the deployment of the SWAT team; (c) the specific reason for the deployment, including a short description of the evidence of an imminent threat or the existence of a tip by an undercover or anonymous informant; (d) a listing of military or forcible entry equipment used, if any; (e) if known, the age, gender, and race or ethnicity of each injured or deceased person involved in the incident; (f) list of any controlled substances, weapons, contraband, or other evidence of crime seized from the premises or from any persons; (g)whether any person used,exhibited,or carried a deadly weapon during the incident;(h)whether the incident occurred as a result of an investigation of an offense involving a controlled substance; and (i) the training and education completed by the SWAT team collectively and for the SWAT team certified officers individually; (6) a person who suffers serious bodily injury as a result of a SWAT team action, or an immediate family member of a person who suffered serious bodily injury or died as a result of a SWAT team action, is entitled to receive a copy of any video or audio recording made 19 62 by the team and containing footage of the action, and such person or family member must submit a request for the recording to the law enforcement agency administering the applicable SWAT team; and (7) the Texas Commission on Law Enforcement shall create, among other things, training curriculum and standards for certification as a SWAT team member. H.B. 585 (Cole) — Criminal Penalties for Possession of Marihuana: would reduce criminal penalties for certain crimes involving the possession of marihuana. H.B. 600 (J. Johnson) — Psychological Examinations: would: (1) provide that, once every 24 months, each peace officer shall be examined by a licensed psychologist or psychiatrist who can declare in writing that the officer is in satisfactory psychological and emotional health to serve as a peace officer; (2) provide that the Texas Commission on Law Enforcement (TCOLE) shall, by rule: (a) provide grounds for which a law enforcement agency may exempt a peace officer from the requirement described in (1), above; and (b) adopt procedures to ensure timely and accurate reporting by law enforcement agencies and peace officers of the results of a psychological examination; and(3)provide that TCOLE shall suspend the license of a peace officer who fails to comply with the requirements of(1), above. H.B. 616 (Dutton) — Criminal Penalties for Possession of Marihuana: would, among other things: (1) reduce criminal penalties for the possession of two ounces or less of marihuana; (2) provide that an offense for possession of two ounces or less of marihuana is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted three or more times of an offense involving the possession of marihuana and each prior offense was committed within the 24-month period preceding the date of the commission of the instant offense; and (3) require a judge to order a defendant who receives a deferral for possession of marihuana to successfully complete a drug awareness and education program. H.B. 638 (Krause) — Public Safety Funding: would: (1) define "public safety service" to mean fire protection, law enforcement, or emergency medical service; (2) provide that a political subdivision may not adopt a budget unless the political subdivision allocates money in that budget to provide for each public safety service in an amount equal to or greater than the amount allocated to provide for that service in the preceding fiscal year; (3) allow a political subdivision to adopt a budget that does not meet the requirements of (2), above, if the political subdivision will not provide the public safety service in the fiscal year for which the budget is adopted; and(4)provide that the amount allocated in a budget to provide a public safety service includes all maintenance, operations, and debt service costs associated with providing the service. H.B. 656 (J. Gonzalez)—Consent to Take Specimen: would provide that if a person consents to an officer's request to take a blood or breath specimen,the officer shall request the person to sign a statement providing that: (1) the officer requested that the person submit to the taking of a specimen; (2) the person was informed of the consequences of not submitting to the taking of a specimen; and(3)the person voluntarily consented to the taking of a specimen. H.B. 657 (J. Gonzalez) —Evidence of Intoxication: would, among other things, provide that in the prosecution of any offense involving a motor vehicle, only an analysis of a lawfully obtained specimen of the defendant's blood,breath, or urine or other bodily substance is admissible to show 20 63 the defendant's alcohol concentration or the presence of a controlled substance, drug, dangerous drug, or other substance in the defendant's body at the time of the offense. H.B. 667 (Dutton) — Asset Forfeiture: would require: (1) a final conviction for an underlying offense in order to pursue forfeiture of contraband; and (2) a court to dismiss a contraband forfeiture proceeding on proof of a dismissal or acquittal of the underlying offense. H.B. 689 (Collier) —Appearance of Arrested Person before Magistrate: would, among other things, provide that when an arrested person appears before a magistrate: (1) if the proceeding is conducted through videoconference, the magistrate shall ensure the arrested person is able to connect to and understand the image and sound of the videoconference; (2) if the magistrate is unable to ensure that the arrested person is able to understand and participate in the proceeding, the magistrate shall: (a) if the magistrate has appointing authority, appoint counsel for the person; or (b) if the magistrate does not have appointing authority, notify the appointing authority of the person's inability to understand and participate in the proceeding; and (3) if the magistrate has reasonable cause to believe that the arrested person has a mental illness or is a person with an intellectual disability, the magistrate shall follow the required procedures for early identification of a defendant suspected of having mental illness or intellectual disability. H.J.R. 11 (Reynolds) — Medical Marihuana: would amend the Texas Constitution to provide that the legislature shall authorize and regulate the possession,cultivation, and sale of cannabis for medical use in Texas. H.J.R. 13 (Canales) — Legalization of Marihuana: would amend the Texas Constitution to provide that the legislature shall authorize and regulate the possession, cultivation, and sale of cannabis in Texas. H.J.R. 28 (Larson)—Medical Marihuana: would amend the Texas Constitution to provide that the legislature by law shall authorize and regulate the possession, cultivation, and sale of cannabis for medical use in Texas. (Companion bill is H.J.R. 11 by Reynolds.) S.B. 42 (Zaffirini) — Cell Phone Ban: would provide: (1) that a vehicle operator commits an offense if the operator uses a portable wireless communication device while operating a motor vehicle, unless the vehicle is stopped outside a lane of travel; and (2) for an affirmative defense (except for a person under 18 years of age or by a person operating a school bus with a minor passenger on the bus) for the use of a portable wireless communications device: (a)in conjunction with a hands-free device; (b) to contact emergency services; or(c) that was mounted in or on the vehicle solely to continuously record or broadcast video inside or outside of the vehicle. S.B. 64 (Nelson)—Mental Health Programs: would require: (1) the executive commissioner of the Health and Human Services Commission to develop a mental health intervention program for peace officers that includes,among other things,peer-to-peer counseling,access to licensed mental health professionals, training, including suicide prevention training, technical assistance, and coordination of mental health first aid for law enforcement officers and their immediate family members; and(2) require the commission submit an annual report to the governor and legislature that includes the number of peace officers who received services through the program,the number 21 64 of peers and peer service coordinators trained, an evaluation of the services provided, and any recommendations for program improvements. S.B. 66 (Miles) —Retention and Disclosure of Police Complaints: would, among other things, provide that: (1) a complaint that alleges conduct by a peace officer employed by a municipality constitutes official oppression by the police officer must be retained on filed by the city for at least five years after the officer's employment with the city ends; (2) an abstract of the complaint described in (1), above, must be created and retained indefinitely once the original complaint is destroyed; and(3) such complaint is not excepted from disclosure under a discretionary exception or the law enforcement exception of the Public Information Act. S.B. 67 (Miles) — Civilian Complaint Review Boards: would create, in cities with a population of 200,000 or more a municipal civilian complaint review board with, among other things, the authority to: (1) investigate a complaint of alleged misconduct by a peace officer involving: (a) excessive use of force; (b) improper use of power to threaten, intimidate, or otherwise mistreat a member of the public; (c)threat of force; (d) an unlawful act, search or seizure; or(e)other abuses of authority; and(2) issue subpoenas. S.B. 68 (Miles)—Excessive Force Reporting: would provide that: (1) a peace officer has a duty to intervene to stop or prevent another peace officer from using excessive force against a person suspected of committing an offense if an ordinary, prudent peace officer would intervene under the same or similar circumstances; and(2)a peace officer who witnesses the use of excessive force by another peace officer shall promptly make a detailed report of the incident and deliver the report to the supervisor of the peace officer making the report and the supervisor of the peace officer who used the excessive force. S.B.69(Miles)—Prohibiting Chokeholds:would provide that the use of any force,by any person, including a peace officer or person acting in and the direction of an officer, in connection with the arrest of another person,is not a justified use of force if such force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person's throat, neck, or torso or by blocking the person's nose or mouth. (This bill is identical to H.B. 346 and H.B. 418 by Rose and Sherman, respectively.) S.B. 70 (Miles) — Use of Force Reporting: would provide that: (1) a law enforcement agency, including an agency of a political subdivision, authorized by law to employ peace officers shall require each police officer employed by the agency to submit a detailed report to the agency regarding each incident in which the officer uses force, or witnesses another officer use force, against a person suspected of committing an offense; and (2) the report described in (1), above, must include: (a) a description of the force used by the peace officer; (b) an explanation as to why the degree of force used was necessary; and(c)if applicable, a description of any attempt that was made by the officer to de-escalate the situation before the force was used. S.B 71 (Miles)—Use of Force Policy: would provide that: (1)no later than January 1, 2022, a law enforcement agency, including an agency of a political subdivision authorized by law to employ police officers, shall adopt a detailed written policy regarding the use of force by police officers; and (2) such policy must provide peace officers employed by the agency with explicit guidelines 22 65 for the use of force that ensure that force will only be used against a person in a manner proportionate to the threat posed by the person. S.B. 72 (Miles) — Discharge of Firearms Policy: would provide that: (1) a law enforcement agency, including an agency of a political subdivision authorized by law to employ police officers, shall adopt a policy regarding the discharge of a firearm by a peace officer at or in the direction of a moving vehicle; and (2) such policy must prohibit a peace officer from discharging a firearm at or in the direction of a moving vehicle unless the peace officer discharges the firearm only when and to the degree the officer reasonably believes is immediately necessary to protect the officer or another person from the use of unlawful deadly force by an occupant of the vehicle by means other than by using the moving vehicle to strike any person. (Companion bill is H.B. 95 by Meza.) S.B. 84 (Miles)—Extreme Risk Protective Orders: would, among other things: (1)provide that, in certain circumstances, courts may issue a lethal violence protective order against a person exhibiting dangerous behavior or conduct, including any behavior or conduct related to the person's use of firearms, requiring the person to relinquish his or her firearms; (2) require local law enforcement agencies to: (a) take possession of a person's firearms when a court issues an lethal violence protective order against that person and to immediately provide the person a written copy of the receipt for the firearm and written notice of the procedure for return of the firearm; (b) if applicable, notify the court that issued the lethal violence protective order that the person who is the subject of the order has relinquished the firearm not later than seven days after the law enforcement agency receives the firearm; (c)conduct a check of state and national criminal history record information to verify whether the person may lawfully possess a firearm not later than 30 days after receiving notice from the court that the lethal violence protective order has expired; (d) if the check described in(c)verifies that the person may lawfully possess a firearm,provide written notice to the person by certified mail stating that the firearm may be returned to the person if the person submits a written request before the 121st day after the date of the notice; (3) provide that a local law enforcement agency in possession of a firearm relinquished because of a lethal violence protective order may not destroy the firearm but may sell the firearm to a licensed firearms dealer if the check in (2)(c) shows that the person may not lawfully possess a firearm or the person does not submit a written request as required by(2)(d); and(4)provide that the proceeds from the sale of a firearm in (3) shall be paid to the owner of the seized firearm, less the cost of administering this article with respect to the firearm. S.B. 90(Menendez)—Medical Marihuana: would: (1)authorize the possession,use, cultivation, distribution, transportation, and delivery of medical cannabis for medical use by qualifying patients with certain debilitating medical conditions; (2) provide for medical cannabis registry identification cards; (3) authorize the licensing of dispensing organizations and testing facilities; and(4) authorize an application fee for licenses to operate a dispensing organization. (Companion bill is H.B. 94 by Reynolds.) S.B. 92 (Menendez) — Immigration: would repeal certain provisions governing state and local enforcement of immigration laws and other provisions related to immigration law, such as the requirement that a law enforcement agency honor a detainer request. 23 66 S.B. 110(West)—Extreme Risk Protective Orders:would,among other things: (1)provide that, in certain circumstances, courts may issue an extreme risk protective order against a person exhibiting dangerous behavior or conduct as a result of a serious mental illness, including any behavior or conduct related to the person's use of firearms, requiring the person to relinquish his or her firearms; (2) require local law enforcement agencies to: (a) take possession of a person's firearms when a court issues an extreme risk protective order against that person and to immediately provide the person a written copy of the receipt for the firearm and written notice of the procedure for return of the firearm; (b) if applicable, notify the court that issued the extreme risk protective order that the person who is the subject of the order has relinquished the firearm not later than seven days after the law enforcement agency receives the firearm; (c) conduct a check of state and national criminal history record information to verify whether the person may lawfully possess a firearm not later than 30 days after receiving notice from the court that the extreme risk protective order has expired; (d) if the check described in (c) verifies that the person may lawfully possess a firearm, provide written notice to the person by certified mail stating that the firearm may be returned to the person if the person submits a written request before the 121 st day after the date of the notice; (3)provide that a local law enforcement agency in possession of a firearm relinquished because of an extreme risk protective order may not destroy the firearm but may sell the firearm to a licensed firearms dealer if the check in (2)(c) shows that the person may not lawfully possess a firearm or the person does not submit a written request as required by(2)(d); (4) provide that the proceeds from the sale of a firearm in (3) shall be paid to the owner of the seized firearm,less the cost of administering this article with respect to the firearm; and(5)provide that a law enforcement officer or other employee of a law enforcement agency is subject to punishment for contempt of court if the officer or employee violates the bill with the intent to withhold a firearm from a person who, at the time the violation occurred: (a)was the subject of an extreme risk protective order that was rescinded or that expired; and(b)may lawfully possess the firearm. S.B. 111 (West) — Duties of Law Enforcement Agency: would provide: (1) that a law enforcement agency filing a case with an attorney representing the state in a criminal case, including a city attorney, shall submit to the attorney a written statement by an employee of such agency with knowledge of the case acknowledging that all documents, items, and information in the possession of the agency that are required to be disclosed to the defendant as discovery have been transmitted to the attorney; and (2) that at any time after the case is filed with the attorney representing the state the law enforcement agency discovers or acquires any additional document, item, or information required to be disclosed to the defendant, an employee of the agency shall promptly transmit such document to the attorney. S.B. 112 (West)—Affidavit for Installation and Use of Mobile Tracking Device:would,among other things, require a peace officer's affidavit to provide facts and circumstances in his or her affidavit that show probable cause(instead of reasonable suspicion under current law)that criminal activity has been, is, or will be committed and the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity in order for a district judge to issue an order for the installation and use of a mobile tracking device. (Companion bill is H.B. 356 by Sherman.) 24 67 S.B. 140 (Gutierrez) — Marihuana: would, among other things: (1) authorize the cultivation, manufacture, distribution, sale,testing,possession, and use of cannabis and cannabis products; (2) authorize the possession, use, cultivation, distribution, transportation, and delivery of medical cannabis and the licensing of medical cannabis dispensing organizations; (3) prohibit a political subdivision from enacting, adopting, or enforcing a rule, ordinance, order, resolution, or other regulation that prohibits or unreasonably restricts the cultivation, production, processing, dispensing, transportation, or possession of cannabis or cannabis products or the operation of a cannabis grower, cannabis establishment, cannabis secure transporter, or cannabis testing facility; (4) provide that a political subdivision may adopt regulations consistent with the bill governing the hours of operation, location,manner of conducting business, and number of cannabis growers, cannabis establishments, or cannabis testing facilities; (5) provide that a city, county, or other political subdivision may not enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation,production,dispensing,or possession of medical cannabis; (6) authorize the imposition of taxes and fees on the sale of cannabis; (7) require an occupational license to operate as a cannabis grower, cannabis establishment, cannabis secure transporter, or cannabis testing facility; (8) allocate the net revenue derived from a tax on the sale of cannabis as follows: (a) five percent to the Border Security Enhancement Fund; (b) five percent to the Municipal Security Enhancement Fund; (c) one percent to the cannabis testing and quality control fund; (d) an amount certified to the comptroller by the commission to the Cannabis Regulation Fund; and (e) the remainder to the Foundation School Program; (9) provide that in determining the local share for each municipality in which one or more cannabis establishments are located, the comptroller shall allocate funds under Subsection (8)(b) in proportion to the number of cannabis establishments located in each municipality; and (10) create a fund to pay for to border security enhancement projects including: (a) the Border Security Fund, which the governor shall administer and dispense money in the fund to local law enforcement authorities in counties located on an international border or municipalities located within 50 miles of an international border for certain purposes, including the pay and salary of peace officers and other law enforcement personnel; and (b) the Municipal Security fund, which the governor shall administer and shall dispense money in this fund to local law enforcement authorities in municipalities with a population of at least 1.2 million for the following purposes: (i) the prevention and investigation of violent crimes, family violence, and intoxication offenses; and (ii) the pay and salary of peace officers and other law enforcement personnel. S.B. 151 (N. Johnson) — Marihuana Concentrate: would: (1) define marihuana concentrate as the resin extracted from marihuana or a compound, manufacture, salt, derivative, mixture, or preparation of the resin; and (2) add marihuana concentrate as a controlled substance subject to criminal penalties for possession or delivery or marihuana concentrate. (Companion bill is H.B. 439 by Canales.) S.B. 161 (West) — Police Reform: this bill, known as the "George Floyd Act," would make numerous changes related to interactions between peace officers and individuals detained or arrested on the suspicion of the commission of crimes,peace officer liability for those interactions, and the disciplinary of peace officers in certain cities. Of primary importance to cities, the bill would: 1. With respect to officer liability: 25 68 a. provide that a person may bring an action for any appropriate relief against a peace officer who,under the color of law,deprived the person or caused the person to be deprived of any rights under the Texas Constitution, provided that such action is brought not later than two years after the day the cause of action accrues; b. provide that statutory immunity or a limitation on liability, damages,or attorney's fees does not apply to the action described in (1)(a), above, and a court shall award reasonable attorney's fees and court costs to a prevailing plaintiff and if judgment is entered in favor of the defendant,the court may award reasonable attorney's fees and costs to the defendant only for defending claims the court finds frivolous; c. provide that qualified immunity or the defendant's good faith but erroneous belief in the lawfulness of the defendant's conduct is not a defense to an action brought under(1)(a), above; and d. require a public entity, including a city, to indemnify a peace officer employed by the entity for liability incurred by and a judgement imposed against the officer in an action brought under (1)(a), above, except that the entity shall not be required to indemnify the peace officer if the officer was convicted for the conduct that is the basis for the action; 2. With respect to the duties and powers of a peace officer: a. amend current law to provide that a peace officer has the discretion on whether or not, if authorized, to: i. interfere without a warrant to prevent or suppress a crime; or ii. arrest offenders without warrant so that they may be taken before the proper magistrate or court and be tried; b. provide that a peace officer shall: i. identify as a peace officer before taking any action within the course and scope of the officer's official duties unless the identification would render the action impracticable; ii. intervene if the use of force by another peace officer: 1. violates state or federal law or a policy of any entity service by the other officer; 2. puts any person at risk of bodily injury, unless the officer reasonably believes that the other officer's use of force is immediately necessary to avoid imminent harm to a peace officer or other person; or 3. is not required to apprehend or complete the apprehension of a suspect; and 4. shall provide aid immediately to any person who needs medical attention, including a person who needs medical attention as a result of the use of force by a peace officer; C. provide that a defendant may not be convicted of an offense related to controlled substances on the testimony of person acting covertly on behalf of a law enforcement agency unless the testimony is corroborated by evidence tending to connect the defendant with the offense committed; 3. With respect to issuing citations in lieu of arrest for misdemeanor offenses: a. provide that the Texas Southern University,in consultation with other law enforcement organizations, shall publish a model policy related to the issuance of citations for 26 69 misdemeanor offenses, including traffic offenses, that are punishable by fine only, that includes the procedure for a peace officer, upon a person's presentation of appropriate identification, to verify the person's identity and issue a citation to the person; b. provide that each law enforcement agency shall adopt a written policy regarding the issuance of citations for misdemeanor offenses, including traffic offenses, that are punishable by fine only, provided that such policy meets the requirements of the model policy described in (3)(a), above; c. provide that a law enforcement agency may adopt the model policy developed under (3)(a), above; d. provide that,with the exception of certain assault offenses and for the offense of public intoxication, a peace officer or any other person may not, without a warrant, arrest an offender for a misdemeanor punishable by fine only or arrest a person who commits one or more offenses punishable by fine only; e. provide that a peace officer who is charging a person, including a child, with committing an offense that is a misdemeanor punishable by fine only,other than an offense of public intoxication, shall, instead of taking the person before a magistrate, issue a citation to the person; f. provide that a peace officer who is charging a person, including a child, with committing certain assault offenses that are a misdemeanor,punishable by fine only, may, instead of taking the person before a magistrate, issue a citation to the person; g. provide that a peace officer may not arrest, without warrant, a person found only committing one or more misdemeanors related to certain traffic offenses that are punishable by fine only, and in such instances shall issue a written notice to appear to the person; 4. With respect to de-escalation and proportionate response: a. provide that a law enforcement agency shall adopt a detailed written policy regarding the use of force by peace officers that must: i. emphasize the use of force in a manner proportionate to the threat posed and to the seriousness of the alleged offense; ii. mandate that deadly force is only to be used by peace officers as a last resort; and iii. affirm the sanctity of human life and the importance of treating all persons with dignity and respect; b. provide that a law enforcement agency may adopt the model policy on use of force developed by the Texas Commission on Law Enforcement and described in(6)(a),below; 5. With respect to disciplinary procedures in certain cities: a. require a civil service commission to implement a progressive disciplinary matrix for infractions committed by police officers that consists of a range of progressive disciplinary actions applied in a standardized way based on the nature of the infraction and the officer's prior conduct record, and such matrix must include: i. standards for disciplinary actions related to use of force against another person, including the failure to de-escalate force incidents in accordance with departmental policy; 27 70 ii. standards for evaluating the level of discipline appropriate for uncommon infractions; and iii. presumptive actions to be taken for each type of infraction and any adjustment to be made based on a police officer's previous disciplinary action; b. make changes to the meet and confer provisions applicable to police officers to provide that certain cities that have adopted a meet and confer agreement but are not subject to civil service rules or collective bargaining shall implement a progressive disciplinary matrix as described in(5)(a), above, for its police officers, and that such agreement may not conflict or supersede a rule concerning the disciplinary actions that may be imposed under the disciplinary matrix; c. provide that a hearing examiner in a city subject to civil service rules must presume a disciplinary action applied to a police officer under a progressive disciplinary matrix is reasonable unless the facts indicate that the department inappropriately applied a category of offense to the particular violation; and d. make changes to the collective bargaining statute to provide that a city that has adopted a collective bargaining agreement but is not subject to civil service rules shall implement a progressive disciplinary matrix as described in (5)(a), above, for its police officers, and that such agreement may not conflict with an ordinance, order, statute, or rule related to disciplinary actions that may be imposed on its police officers under a disciplinary matrix implemented by the city; 6. With respect to use of force: a. provide that the Texas Commission on Law Enforcement shall develop and make available to all law enforcement agencies a model policy and associated training materials regarding the use of force by peace officers; b. make changes to the instances in which a person,including a peace officer and a person in the presence of and at the direction of a peace officer,may be justified in using nonlethal force in connection with making or assisting in making an arrest or search, or preventing or assisting in preventing escape after an arrest, c. make changes to instances in which a peace officer or a person in the presence of and at the direction of a peace officer may be justified in using deadly force in connection to making an arrest or preventing escape after an arrest; d. provide that the use of force against a person in connection with making or assisting in making an arrest or search, or preventing or assisting in preventing an escape after an arrest, is not justified if the force is used in a manner that impedes the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth; and e. repeal the Penal Code provision that provides that a peace officer or a person other than a peace officer acting in the officer's presence and direction has no duty to retreat before using deadly force in connection with making an arrest or preventing escape after arrest. (Companion bill is H.B. 88 by Thompson.) S.B. 175 (Miles)—No-Knock Entries: would prohibit a magistrate, including a municipal judge, from issuing an arrest or search warrant that authorizes a peace officer from entering, for the 28 71 purpose of executing a warrant,into a building or other place without giving notice of the officer's authority or purpose before entering (a no-knock entry). (Companion bill is H.B. 492 by Wu.) S.J.R. 16 (Eckhardt) — Legalization of Marihuana: would amend the Texas Constitution to provide that the legislature by law shall authorize and regulate the possession,cultivation, and sale of cannabis in Texas. (Companion bill is H.J.R. 13 by Canales.) Sales Tax H.B. 89 (Canales)—Sales Tax Exemption: would exempt the following from sales and use taxes as "emergency preparation items": (1) medical or other face masks used to protect the nose and mouth of a person wearing the mask from potential contaminants,or from transmission of particles from the person wearing the mask; (2) disposable gloves the primary purpose of which is to act as a protective barrier to prevent the possible transmission of disease; and (3) disinfectant cleaning supplies, including bleach products and sanitizing wipes. H.B. 174 (Canales) — Sales Tax Exemption: would exempt the sale, use, or consumption of college textbooks from sales taxes during two seven-day periods, one beginning in August and one beginning in January. H.B. 321 (Howard)—Sales Tax Exemption: would exempt feminine hygiene products from the sales tax. H.B.322 (Howard)—Sales Tax Exemption: would exempt child and adult diapers from the sales tax. H.B.387(Pacheco)—Sales Tax Exemption: would exempt child and adult diapers from the sales tax. H.B. 388 (Pacheco)—Sales Tax Exemption: would exempt feminine hygiene products from the sales tax. H.B. 406 (Hernandez) — Sales Tax Exemption: would exempt the sale, use, or consumption of college textbooks from sales taxes during two seven-day periods, one beginning in August and one beginning in January. H.B. 490 (Wu)—Sales Tax Exemption: would exempt feminine hygiene products from the sales tax. H.B. 524 (Rosenthal) — Sales Tax Exemption: would exempt firearm safety equipment from sales taxes. H.B. 592 (C. Turner)—Sales Tax Exemption: would exempt the sale of an animal by an animal rescue group from sales and use taxes. 29 72 S.B. 61 (Zaffirini) — Sales Tax Exemption: would exempt the sale, storage, use, or other consumption of firearm safety supplies from the sales tax. S.B. 148 (Powell) — Sales Tax Exemption: would exempt feminine hygiene products from the sales tax. S.B. 153 (Perry)—Sales Tax Exemption:would exempt from sales taxes data processing services designed to process payment made by credit card or debit card. S.B. 197 (Nelson) — Sales Tax Exemption: would exempt the sale of an animal by a nonprofit animal welfare organization from sales and use taxes. S.B. 200 (Nelson)—Sales Tax Exemption: would exempt internet access service from sales and use taxes. (Note: this legislation brings state law into conformity with federal law, which already preempts the ability of state and local governments to collect sales taxes on internet access.) Community and Economic Development H.B. 84 (Hinoiosa) — Home and Residential Lot Sales Price: would repeal the provision in current state law that prohibits a city from adopting a requirement that establishes a maximum sales price for a privately produced housing unit or residential building lot. H.B. 128 (Landgraf)—Economic Development Corporations: would: (1)expand the definition of"primary job" for purposes of Type A and Type B EDC projects to include certain health care and mental health care facilities; and (2) expand the scope of projects related to the creation or retention of primary jobs to include facilities for the provision of health care or mental health care to the public. H.B. 149(Reynolds)—Group Homes Study: would direct the Texas Health and Human Services Commission to conduct a study on the regulation of group homes, and provide that the study analyze, among other things: (1) city authority to enforce boarding home regulations; and (2) whether the prohibition against a city excluding board homes from residential areas prevents cities from regulating boarding homes. H.B.206(Bernal)—Payday and Auto Title Lending: would provide for the statewide regulation of payday and auto title lenders. Of primary importance for cities, the bill would: (1)provide that a municipal ordinance regulating credit access businesses is not preempted by state law; and (2) provide that, if a municipal ordinance conflicts with a provision of state law, the more stringent regulation controls. Additionally, the bill would, among other things: (1) require the contract and other documents provided by a credit access business to be written wholly in English or the language in which the contract is negotiated, and read in their entirety in the language in which the contract is negotiated to any consumer who cannot read; (2) prohibit a 30 73 credit services organization from assisting a consumer in obtaining an extension of consumer credit in any form other than a single-payment payday loan, multiple-payment payday loan, single payment auto title loan, or multiple-payment auto title loan; (3) provide that each day of a continuing violation of a provision related to state notice and disclosure requirements or state licensing and regulation requirements by a credit services organization constitutes a separate offense; (4) provide that the general limitations on payday and auto title loans in the bill apply to any consumer physically located in this state at the time the loan is made, regardless of whether the loan was made in person in this state; (5) require a credit access business to require certain types of documentation to establish a consumer's income for purposes of extending credit; (6) provide specific limitations on the structure of single-payment and multiple-payment payday and auto title loans; (7) require any refinance of a payday or auto title loan to: (a) be authorized by state law; (b)be in the same form as the original loan; and(c) meet all requirements applicable to the original loan; and (8) require a credit access business to maintain a complete set of records of all loans and retain the records until the third anniversary of the date of the loan. H.B. 233 (Murr)—Building Materials and Methods: would provide that the prohibition on city regulation of building products,materials, or methods passed by H.B. 2439 in 2019 does not apply to a city with a population of less than 25,000. H.B. 258 (Bernal)—Broadband: would provide, among other things, that a governmental entity (including a city) may not contract with a broadband Internet access service provider, unless the contract contains a written verification from the provider that the provider does not: (a) block lawful content, applications, or services or the use of non-harmful devices; (b) impair or degrade lawful Internet traffic for the purpose of discriminating against or favoring certain Internet content, applications, or services or the use of non-harmful devices; or(c) engage in paid prioritization. H.B.311 (Sprinter)—Monuments and Memorials: would, among other things: (1)provide that a monument or memorial located on city property: (a) for at least 40 years may not be removed, relocated, or altered; (b) for at least 20 years but less than 40 years may be removed, relocated, or altered only by approval of a majority of the voters of the city at an election held for that purpose; or(c)for less than 20 years may be removed,relocated, or altered only by the governing body; (2) define"monument or memorial"as used in(1), above,to mean a permanent monument,memorial, or other designation, including a statute, portrait, plaque, seal, symbol, cenotaph, building name, bridge name, park name, area name, or street name, that honors an event or person of historic significance; (3) authorize an additional monument or memorial to be added to the surrounding city property on which a monument or memorial is located to complement or contrast with the monument or memorial; (4) authorize a city resident to file a complaint with the attorney general if the resident asserts facts supporting an allegation that the city has violated (1), above; and (5) authorize civil penalties against a city for intentional violations of(1), above. H.B. 417 (Walle) — Payday Lending: would provide that a credit services organization or a representative of a credit services organization may not, unless the credit services organization or representative of the credit services organization has evidence sufficient prove that the consumer has committed theft or issued a bad check: (1)file a criminal complaint or threaten to file a criminal complaint related to an extension of consumer credit or provision of credit services against the consumer; or (2) refer or threaten to refer a consumer to a prosecutor for the collection and 31 74 processing of a check or similar sight order that was issued in relation to an extension of consumer credit. H.B.425 (K.King)—Rural Broadband: would, among other things: (1)create a rural broadband service program; and (2) require the Public Utility Commission to provide financial assistance from the universal service fund for broadband service providers who elect to participate in the rural broadband service program for the purpose of offering retail broadband service in underserved rural areas of the state at rates comparable to the benchmark rates established by the Federal Communications Commission. H.B. 467 (J. Gonzalez) — Tax Increment Financing: would, among other things: (1) require a city, before adopting an ordinance designating a tax increment reinvestment zone, to prepare or have prepared an affordable housing impact statement; (2) require the statement in (1), above, to be made available to the public and posted on the city's Internet website at least 60 days before the city holds the hearing on the tax increment reinvestment zone; and (3) provide that the statement under(1), above, must include estimates of the impact on the availability of affordable housing in the area of the proposed zone for the 30-year period following designation of the proposed zone. H.B. 539 (Patterson) — Economic Development Corporation: would authorize an economic development corporation,by election, to spend on a project for: (1) general infrastructure, limited to the development, improvement, maintenance, or expansion of streets and roads, water supply facilities, or sewage facilities; or(2) improving, enhancing, or supporting public safety, including: (a)expenditures for improving public safety facilities;(b)expenditures for public safety equipment and for first responders and other personnel; and (c) other expenditures that enhance the level of services provided by public safety facilities. H.B. 544 (Miniarez) — Recovery Housing: would, among other things: (1) define the term "recovery house"as a shared living environment that promotes sustained recovery from substance use disorders by integrating residents into the surrounding community and providing a setting that connects residents to supports and services promoting sustained recovery from substance use disorders, is centered on peer support, and is free from alcohol and drug use; (2)prohibit a city or county from adopting or enforcing an ordinance,order,or other regulation that prevents a recovery house from operating in a residential community; and(3) require the Health and Human Services Commission to adopt minimum standards for certification as a recovery house that are consistent with standards from the National Alliance for Recovery Residences and authorize one or more credentialing organizations to develop and administer a voluntary certification program for recovery housing. H.B. 545 (E. Thompson) — Annexation: would authorize a city to annex a portion of the state highway system or right-of-way of a portion of the state highway system if the city receives consent for the annexation from the Texas Department of Transportation. H.B. 639 (White)—Emergency Services District: would allow an emergency services district to provide public health services, contract with a local government to provide those services, and charge a reasonable fee for performing those services for or on behalf of a person or entity. 32 75 H.B. 662 (Collier) — Homeless Housing: would expand the ability of the Texas Department of Housing and Community Affairs to administer a homeless housing and services program in each city in the state with a population of 285,500 or more to include programs to prevent homelessness resulting from displacement due to economic development activities. S.B. 46 (Zaffirini)—Homeless: would provide that: (1) a city zoning or land use ordinance may not prohibit a religious organization from using the organization's facility as housing for homeless individuals, or from having housing units for the homeless on the organization's property; and(2) a city may adopt or enforce an ordinance that imposes reasonable health and safety regulations on housing for homeless individuals provided on a religious organization's property, including requirements that the organization provide electricity and heat for each housing unit, and at least one kitchen and bathroom on the property. S.B. 113 (West)—Community Land Trusts: would, among other things: (1) expand the type of nonprofit organizations that may constitute a community land trust; (2)provide that, once adopted by the governing body of a taxing unit, certain community land trust tax exemptions continue to apply to the property until the governing body rescinds the exemption in the manner provided by law; and (3) impose certain requirements on a chief appraiser who is appraising land or a housing unit leased by a community land trust, including that the chief appraiser use the income method of appraisal. S.B. 144 (Powell) — School Property Tax Limitations: would extend the expiration date of the Texas Economic Development Act from December 31, 2022, to December 31, 2032. S.B. 154 (Perry) — Broadband Office: would, among other things: (1) establish the broadband office within the Texas Public Utility Commission to: (a) facilitate and coordinate the efforts of state agencies and local units of government, including regional planning commissions, in connection with the planning and deployment of broadband projects; (b) develop broadband investment and deployment strategies for rural communities and other areas of this state that are underserved and unnerved with respect to broadband; (c)promote and coordinate public sector and private sector broadband solutions in support of statewide broadband development goals; (d)assist and promote local and regional broadband planning; (e) pursue and obtain federal sources of broadband funding; (f) develop a framework to measure broadband access in and designate areas of this state that are underserved and unserved with respect to broadband; (g) develop statewide goals for broadband deployment in rural communities and other underserved and unserved areas; (h)manage and award funds allocated to the broadband office for broadband projects; and(i)serve as an information clearinghouse in relation to federal programs providing assistance to local entities with respect to broadband; and (2) provide that the broadband office shall establish a program to provide grants to private sector broadband providers for projects to provide broadband service in an unserved area. Elections 33 76 H.B. 22 (Swanson) — Polling Place Parking: would require: (1) that a polling place have two parking spaces reserved for the use of a voter who is unable to enter the polling place without personal assistance or likelihood of injuring the voter's health; and (2) that each parking space must be clearly marked with a sign indicating that the space is reserved for use by a voter who is unable to enter the polling place and displaying, in large font, a telephone number that a voter may call to request assistance from an election official at the polling place. H.B. 25 (Swanson)—Early Voting Ballot Application: would prohibit an officer or employee of the state or a political subdivision from distributing an official application form for an early voting ballot to a person. H.B. 32 (Fierro) — Voting Outside Polling Place: would, on the voter's request, require an election officer to deliver a ballot to the voter at the polling place entrance or curb if a voter is: (1) physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health;or(2)a parent or legal guardian accompanied by the parent's or legal guardian's child. H.B. 46 (Fierro) — Vote by Mail Application: would: (1) provide that the officially prescribed application form for an early voting ballot must include, among other things, a space for entering an applicant's email address; (2) require the early voting clerk, before rejecting an application for a ballot to be voted by mail, to make a reasonable effort to contact the applicant by e-mail, at any e-mail address provided on the application,to ask questions about the application; (3)provide that if the early voting clerk does not receive a response before the fourth day after the date the clerk tries to contact an applicant as described in(2), the clerk may reject the application; (4) authorize an applicant for an application for a ballot to be voted by mail to make clerical corrections to the application by email; (5) require the early voting clerk to attach to and maintain with the original application submissions and corrections provided by email; and (6) prohibit an applicant from changing the address or county of residence submitted on the original application to a different address or county of residence by email. H.B. 61 (Swanson) — Early Voting by Mail: would, among other things: (1) require that an application for an early voting ballot to be voted by mail be signed by the applicant using ink on paper; and(2)provide that an electronic signature or photocopied signature is not permitted. H.B. 76(Meza)—Early Voting by Mail: would,among many other things, authorize early voting by mail for any qualified voter and provide for implementing procedures. (Companion bill is S.B. 95 by Menendez.) H.B. 110 (Reynolds) — Voter Identification: would, among other things, eliminate the photo identification requirement and expand the types of documentation that are considered acceptable forms of identification for purposes of voting. H.B. 123 (Meza) — Countywide Polling Place: would authorize the secretary of state to select any county to participate in the countywide polling place program. 34 77 H.B. 142 (Meza)—Voter Registration: would, among other things: (1)require the voter registrar to appoint at least one election officer serving each polling place as a regular deputy registrar; and (2) provide that a person may register to vote at the polling place located in the precinct of the person's residence if the person submits a voter registration application and presents adequate proof of identification on the day the person offers to vote. H.B. 160 (Zwiener)—Voter Identification: would provide that an identification card issued by a public institution of higher education in the state that contains the person's photograph, full legal name, and a date of expiration that has not expired or that expired no earlier than four years before the date of presentation, is an acceptable form of identification for voting. H.B. 221 (Ortega) — Early Voting by Mail: would, among many other things, authorize early voting by mail for any qualified voter and provide for implementing procedures. (Companion bill is S.B. 95 by Menendez.) H.B. 230 (Bernal) — Voter Identification: would, among other things, expand the list of acceptable forms of identification for the purposes of voting and allow a voter to present two forms of certain types of identification from the expanded list as proof of identification, so long as one form of identification contains the name and address of the voter. (Companion is S.B. 100 by Menendez.) H.B.329 (Cain)—Election Integrity: would: (1)require the secretary of state and Department of Public Safety to take certain actions to ensure a person who is not a citizen of the United States may not register to vote or vote; and (2) require the secretary of state to create an examination of election law and procedures that a person must pass before serving as an election judge during early voting by personal appearance or on election day. H.B. 330 (Cain)—Election Procedures: would, among other things: (1)provide that an election held by a political subdivision to authorize the issuance of bonds does not authorize the issuance of bonds unless at least: (a) two-thirds of the voters voting in the election vote in favor of authorizing the issuance of bonds; and(b)20 percent of the registered voters eligible to vote in the election vote in the election; (2)provide that,for a political subdivision located entirely in a county with a population of 250,000 or more,the governing body of the political subdivision shall request an election services contract with the county elections administrator to perform all duties and functions of the political subdivision in relation to an election held on the May uniform election date; (3)prohibit a ballot proposition from exceeding 400 characters; (4)provide that an election judge commits a state jail felony if: (a) the judge accepts a voter for voting under the regular procedure for voting if the voter is only permitted to vote a provisional ballot in the election; (b) the judge, in one election, accepts for voting under the regular procedure for voting three or more voters whose names are not on the list of registered voters for the precinct; or(c)the judge provides a voter with a form for an affidavit required under the regular procedure for voting if the form contains false information; and (5) would require early voting to take place at a residential care facility if five or more voters residing in the same residential care facility apply to vote early by mail on the grounds of age or disability. 35 78 H.B.400(Bucy)—Early Voting by Mail:would,among many other things,authorize early voting by mail for any qualified voter and provide for implementing procedures. (Companion bill is S.B. 95 by Menendez.) H.B. 463 (Shaheen)—Poll Watchers: would provide that a person is ineligible to serve as a poll watcher in an election if the person has been finally convicted of a felony. H.B. 478 (J. Gonzalez)—Polling Place Parking: would require an election officer to designate a clearly-marked parking space at each polling place for voters that are unable to enter the polling place. H.B.479(J.Gonzalez)—Early Voting by Mail:would require the secretary of state to implement a program allowing a person to complete an application for an early voting ballot by mail over the internet from the official website of the state. H.B. 482 (J. Gonzalez) — Early Voting by Mail: would, among other things, provide that a marked ballot voted by mail must arrive at the address on the carrier envelope not later than the fifth day after the date of the election, if the carrier envelope was placed for delivery by mail or common or contract carrier before election day and bears a cancellation mark of a common or contract carrier or a courier indicating a time not later than 7:00 p.m. at the location of the election on election day. H.B.519(Beckley)—Voter Registration:would,among other things,provide that: (1)an election officer serving a polling place for early voting by personal appearance is a deputy voter registrar and has the same authority as a regular deputy registrar; (2)a person who would be eligible to vote in an election but for the requirement to be a registered voter must be accepted during early voting by personal appearance for voting the ballot for the precinct of the person's residence as shown by the identification presented if the person: (a) submits a voter registration application that complies with state law to an election officer at the polling place; and (b) presents adequate proof of residence; (3) an election officer must make a copy of the proof of residence, attach it to the registration application, and return the original proof of residence to the voter; (4) a person voting under (2), above, shall vote a provisional ballot; and (5) the secretary of state may, by rule, designate additional documents that a person may offer to prove the person's residence to register and vote. H.B. 530 (Patterson)—Handguns: would allow a person to carry a handgun at a polling place if the person is licensed to carry a handgun and is working as an election judge during early voting or on election day. H.B.583 (Cole)—Early Voting by Mail: would,among many other things, authorize early voting by mail for any qualified voter and provide for implementing procedures. (Companion bill is S.B. 95 by Menendez.) H.B. 611 (Swanson) —Voter Assistance: would provide that a person assisting a voter commits a state jail felony of perjury if the person assists a voter in a way that violates the oath administered 36 79 by an election officer to the person providing assistance to the voter and does so three or more times in a single election. H.J.R. 18 (Canales) — Resign to Run: would amend the Texas Constitution to allow judges of the county courts at law, county criminal courts, county probate courts, and county domestic relations courts to become candidates for another office without automatically resigning from the office already held. S.B. 95 (Menendez) —Early Voting by Mail: would, among many other things, authorize early voting by mail for any qualified voter and provide for implementing procedures. (Companion bill is H.B. 76 by Meza.) S.B. 99 (Menendez)—Countywide Polling Place: would authorize the secretary of state to select any county to participate in the countywide polling place program. (Companion bill is H.B. 123 by Meza.) S.B. 100 (Menendez) — Voter Identification: would, among other things, expand the list of acceptable forms of identification for the purposes of voting and allow a voter to present two forms of certain types of identification from the expanded list as proof of identification, so long as one form of identification contains the name and address of the voter. (Companion is H.B. 230 by Bernal.) S.B. 131 (Johnson)—Uniform Election Dates: would: (1) authorize a city council to change the date on which it holds its general election for officers to the November uniform election date if the change is approved by at least two-thirds of the governing body; and (2) provide that a change made under(1), above, supersedes a city charter provision that requires a different general election date. S.B.208(Bettencourt)—Early Voting Ballot Application:would prohibit an officer or employee of the state or a political subdivision from distributing an official application form for an early voting ballot to a person. (Companion bill is H.B. 25 by Swanson.) Emergency Management H.B. 26 (Swanson) — Weapons: would eliminate the governor's authority to: (1) limit the sale, dispensing, or transportation of firearms during a state of disaster; and (2) issue directives on the control of the sale, transportation, and use of weapons during a state of emergency. H.B. 173 (Springer) — Emergency Powers Board: would: (1) establish the Emergency Powers Board to provide oversight during a declared state of disaster, including a declared public health disaster; (2)provide that the Board is made up of the governor, lieutenant governor,the speaker of the house,the chair of the Senate State Affairs Committee; and the chair of the House State Affairs Committee; (3) provide that after the eighth day after the date the governor issues an executive order, proclamation or regulation related to a declared state of disaster or public health disaster, the Board,by a majority vote,may set an expiration date for the order,proclamation or regulation; 37 80 (4) the board may meet by telephone conference, videoconference, or other similar telecommunication method provided that the requirements of the Open Meetings Act are met; and (5) if an executive order, proclamation or regulation issued by the governor has an expiration date set by the governor and not modified by the Board that is on or after the 22nd day after the date the order,proclamation or regulation is issued,the governor shall convene a special legislative session to determine whether any legislation is necessary to implement, modify, or repeal the order, proclamation or regulation. H.B. 340 (Cain) — Weapons: would eliminate the governor's authority: (1) during a state of emergency, to issue directives on the control of. (a) the sale, transportation, and use of weapons; and (b) the storage, use, and transportation of explosives or flammable materials considered dangerous to public safety; and (2) during a declared state of disaster to suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. H.B. 429 (K.Kin!)—Texas Windstorm Insurance Association: would: (1)add the provision of an adequate market for tornado insurance and wildfire insurance statewide to the primary purpose of the Texas Windstorm Insurance Association; (2) define "tornado insurance," "wildfire," and "wildfire insurance"; and (3) require the Department of Insurance to (a) maintain a list of all insurers that engage in the business of property and casualty insurance in the voluntary market in a city or county that includes a catastrophe area and (b) develop incentive programs to encourage authorized insurers to write insurance on a voluntary basis and to minimize the use of the association as a means to obtain insurance. H.B. 431 (K. Kin2) — Insurance Rates in Disaster Area: would provide that if the governor designates a disaster area, an insurer may not consider loss and expense experience caused by the disaster in the designated area to set rates for risks outside of the designated area. H.B. 525 (Shaheen)—Religious Organizations: would: (1)provide that a religious organization is an essential business and that its activities are essential activities; (2)provide that a governmental entity, including a city,may not prohibit a religious organization from operating, including during a declared state of disaster; and (3) authorize a person to sue, and the attorney general to seek injunctive or declaratory relief, for a violation of the prohibition in(2). H.B. 655 (Raymond)— Statewide Disaster Alarm System: would, among other things, provide that: (1) the Texas Division of Emergency Management (TDEM) shall conduct a study on the efficacy of existing mass notification deployments by local governmental entities throughout the state and the feasibility of establishing a statewide disaster alert system; (2) the study must: (a) identify the costs to local governmental entities associated with existing local disaster alert or notification systems; (b) examine the potential benefits to local governmental entities of implementing an alert system; (c) examine the importance of a local governmental entity's discretion regarding the entity's level and manner of participating in the alert system; (d) examine potential costs to local governmental entities or this state associated with implementing the alert system; and (e) identify any state or local governmental entity actions necessary to implement a comprehensive alert system; (3) if, based on the findings of the study described, TDEM and the office of the governor conclude that the benefits to the state and local governmental entities of implementing a coordinated alert system outweigh any additional costs, TDEM, with cooperation 38 81 of appropriate state agencies and using money available for that purpose, shall develop and implement the alert system; (4) a local government entity that chooses to participate in an alert system implemented under(3), above,may use local funds for that purpose and may contract with TDEM for services associated with the alert system; (5) an alert system may be operated in conjunction with any other emergency alert system required by federal or state law and designed to notify persons statewide of a disaster affecting any location in the state; and(6) a participating local government entity may, in coordination with TDEM, chose the manner in which the alert system is activated and notifications are issued within the entity's geographic region. H.B.665(Land2raf)—Emergency Rules: would provide,among other things,that an emergency rule that is adopted by a state agency during a period in which at least 75 percent of the counties in the state are declared to be in a state of disaster or emergency by the governor may be effective for not longer than 30 days, and may be renewed for not longer than 60 days. H.B. 671 (Martinez, A) — Disaster Identification System: would, among other things, provide that: (1) the Texas Division of Emergency Management may include in its state emergency plan provisions for the use of a disaster identification system; (2) in an area subject to a state of disaster declaration, a person may elect to participate in a disaster identification system activated for that area; (3) such system shall authorize the use of a device that is capable of displaying a flashing light and continuous light in either the color white or the colors blue, green, red, and yellow (an "illuminated display") to communicate with disaster relief personnel; and (4) an executive order or proclamation declaring a state of disaster activates for the area subject to the declaration the disaster identification system described above. H.J.R. 15 (Springer) — Emergency Special Session: would provide that: (1) the governor shall convene a special session of the legislature: (a) if a state of disaster or emergency declared by the governor continues for more than 21 days; or(b) on receipt of a petition from any member of the legislature requesting legislative review of a declared state of disaster or emergency if the petition is signed by at least two-thirds of the members of the house of representatives and at least two- thirds of the members of the senate; (2) in such convened special session,the Legislature may: (a) review an order, proclamation, or other instrument issued by the governor during the 90 days before the special session begins declaring a state of disaster or emergency or in response to an emergency declared by any federal, state or local official or entity; (b) terminate or modify an order, proclamation or other instrument described in (2)(a), above, by passage of a resolution approved by a majority voted of the members of the members present in each house of the legislature; (c) respond to the state of disaster or emergency, including by passing laws and resolutions related to the state of disaster or emergency; and(d) consider any other subjects stated in the governor's proclamation convening the legislature. H.J.R. 40 (White)—Disaster Management: would amend the Texas Constitution to prohibit the governor from suspending or limiting, by order or proclamation, the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles regardless of whether the state is in a period of emergency resulting from a disaster. 39 82 S.B. 114 (Lucio)—Border Health: would require the Texas Department of State Health Services to establish a border public health response team to deploy in response to certain public health threats and declared disasters in border counties. Municipal Courts H.B.80(J.Johnson)—Municipal Court: would provide,when fines and costs are being imposed on a defendant under the conservatorship of the Department of Family and Protective Services or in extended foster care, that a municipal judge: (1)may not require a defendant to pay any amount of fines and costs; and(2) shall require the defendant to perform community services to discharge fines and costs if the fines and costs are not waived. H.B. 210 (Meza) — Family Violence Cases: would: (1) require a court, in regard to a person convicted of certain family violence offenses or subject to a family violence protective order, to provide written notice to the person that he/she is prohibited from acquiring, possessing, or controlling a firearm, and order the person to surrender all firearms; and(2)provide various ways a person in(1)may surrender a firearm, including surrender to a law enforcement agency. H.B. 267 (Canales)—Municipal Court: would: (1)require the Office of Court Administration to create, promulgate, and update standard forms for use in criminal actions for: (a) waiving a jury trial and entering a plea of guilty or nolo contendere in a misdemeanor case; (b) a trial court to admonish a defendant; and (c) a defendant who receives admonitions in writing to acknowledge that the defendant understands the admonitions and is aware of the consequences of the defendant's plea; and(2)provide that the Texas Supreme Court by rule shall set the date by which all courts must adopt and use the forms. H.B.489(Wu)—Guilty Plea Admonitions: would, among other things,require a court to,before accepting a guilty plea or a nolo contender plea for an offense punishable as a felony, give an admonition regarding: (1) the applicable provisions governing whether a judge or jury will assess punishment; (2) the range of punishments; and (3) the effect of judge or jury sentencing on the eligibility of the defendant for judge-ordered community supervision, jury-recommended community supervision, or deferred adjudication community supervision. H.B. 569 (Sanford)—Misdemeanor Fines: would, among other things,provide that in imposing a fine and costs in a case involving a misdemeanor punishable by a fine only, the justice or judge shall credit the defendant for any time the defendant was confined in jail or prison while serving a sentence for another offense at a rate of$200 for each day of confinement if that confinement occurred after the commission of the misdemeanor. (Companion bill is S.B. 192 by West.) S.B. 164 (Blanco) — Family Violence: would require notice to certain defendants regarding the unlawful possession or acquisition of a firearm or ammunition, including notice given by: (1) a peace officer who issues a citation; and (2) a court to a person convicted of a misdemeanor involving family violence. 40 83 S.B. 192 (West) — Misdemeanor Fines: would, among other things, provide that in imposing a fine and costs in a case involving a misdemeanor punishable by a fine only, the justice or judge shall credit the defendant for any time the defendant was confined in jail or prison while serving a sentence for another offense at a rate of $200 for each day of confinement if that confinement occurred after the commission of the misdemeanor. (Companion bill is H.B. 569 by Sanford.) Open Government H.B. 642 (Raymond) — Criminal History Record Information: would, among other things, provide that: (1) criminal history record information that relates to a person's conviction within the preceding 10-year period for certain offenses related to driving while intoxicated, intoxication assault,and intoxication manslaughter is public information,with the exception of. (a)information regarding the person's social security number,driver's license or personal identification certificate number, or telephone number; and(b) any information that would identify a victim of the offense; (2) the Department of Public Safety (DPS) shall implement and maintain an internet website to allow any person, free of charge,to electronically search for and receive the information described in (1), above; (3) DPS shall establish a procedure by which a peace officer or employee of a law enforcement agency who provides DPS with a driver's license number, personal identification certificate number, or license plate number may be provided any criminal history record information maintained by the DPS concerning a conviction of the person to whom the license, certificate, or plate is issued for the offenses described in (1), above; and (4) the procedure described in(3), above, must allow a peace officer to request the information from the location of a motor vehicle stop and to receive a response to the request within the duration of a reasonable motor vehicle stop. Other Finance and Administration H.B. 29 (Swanson) — Temporary Weapon Storage: would authorize several methods to temporarily store firearms and certain other weapons for a person who enters a building used by a political subdivision in which carrying the weapon is prohibited by law or the political subdivision. H.B.35 (Swanson)—Local Debt: would, among other things: (1)provide that an election held by a political subdivision to authorize the issuance of bonds or a tax increase has no effect regarding the issuance of the bonds or the tax increase unless more than 25 percent of the registered voters of the political subdivision whose registrations are effective on the date the governing body of the political subdivision adopts the election order vote in the election in which the bond or tax proposition is on the ballot; (2)require an election for the issuance of bonds or a tax increase by a political subdivision to be held on the November uniform election date, except for an automatic election to approve a tax rate; (3) provide that in an election held by a political subdivision for which the ballot includes a proposition seeking voter approval of the issuance of bonds or a tax increase, a temporary branch polling place must: (a) remain at the same location for the entire period during which early voting by personal appearance is conducted in the district; and(b)allow for early voting by personal appearance to be conducted during the same days and hours as voting is conducted at the main early voting polling place; (4)require an election authorizing the issuance 41 84 of bonds or a tax increase by a political subdivision to be held as a joint election, and provide that a single ballot containing all the offices or propositions stating measures to be voted on at a particular polling place must be used in a joint election; (5) require a political subdivision to hold an election prior to issuing all bonds, including revenue bonds; and (6) provide that refunding bonds and bonds issued in an amount less than$2,000 to repair a building or structure that may be built using the proceeds of bonds are subject to the election and notice requirements applicable to other bond issuances. H.B. 36 (J. Johnson) — Abolish Confederate Heroes Day: would abolish Confederate Heroes Day as a state holiday. (Companion bill is H.B. 219 by Thierry.) H.B. 66 (Fierro) — Election Day Holiday: would designate every day on which a statewide election, including a primary election, is held as a state holiday. H.B. 67 (Toth) — Restrictive Covenants: would prevent a property owners' association from enforcing a restrictive covenant prohibiting a property owner from installing a swimming pool enclosure that conforms to applicable state or local requirements. H.B. 83 (Toth) — Firework Sales: would extend the ending date when a retail fireworks permit holder may sell fireworks to the public for the 4th of July holiday from midnight on July 4 to midnight on July 5. H.B. 112 (Toth) — Firearm Regulation: would: (1) prohibit a city from adopting a rule, order, ordinance, or policy under which the city enforces certain federal provisions enacted after January 1, 2021, that regulate a firearm, a firearm accessory, or firearm ammunition; and (2) provide that a violation of the prohibition in (1) may be enforced: (a) by denying state grant funds to the city; (b) through court action by the attorney general; and (c) by imposing criminal penalties against officials, employees, and persons acting under control of the city. H.B. 167(Ortega)—Common Nuisance: would authorize a court to issue a temporary restraining order in a suit to abate certain common nuisances. H.B. 188(Bernal)—Discrimination: would, among other things: (1)prohibit a person,other than certain religious organization, from denying an individual full and equal accommodation in any place of public accommodation or otherwise discriminating against or segregating the person because of or based on the individual's sexual orientation or gender identity or expression; (2) allow a person described in (1), above, who is aggrieved to file a civil cause of action in district court to recover actual and punitive damages, attorney's fees, and injunctive relief, provided that such action is brought not later than the second anniversary of the occurrence or termination of the alleged discriminatory practice; (3) prohibit discrimination in employment on the basis of an individual's sexual orientation or gender identity or expression; and (4) prohibit a person from refusing to sell or rent a dwelling to an individual because of such individual's sexual orientation or gender identity or expression. H.B. 219 (Thierry)—Abolish Confederate Heroes Day: would abolish Confederate Heroes Day as a state holiday. (Companion bill is H.B. 36 by J. Johnson.) 42 85 H.B. 285 (Murr) — Obstruction or Retaliation: would make the punishment for conduct constituting the criminal offense of obstruction or retaliation a second degree felony if the victim is harmed or threatened because of the victim's service or status as a public servant. H.B. 292 (Murr) — Recovery Housing: would, among other things: (1) prevent a city from adopting or enforcing an ordinance, order, or other regulation that prevents a recovery house from operating in a residential community; (2)define a"recovery house"as a shared living environment that promotes sustained recovery from substance use disorders by integrating residents into the surrounding community and providing a setting that connects residents to supports and services promoting sustained recovery from substance use disorders, is centered on peer support, and is free from alcohol and drug use; (3) require the Health and Human Services Commission (HHSC) to adopt standards for certification of a recovery house consistent with the quality standards ftom the National Alliance for Recovery Residences; (4)require each recovery house to be managed by a certified recovery house administrator who has completed required training; (5) require the revocation of a recovery house's certification if it is without a recovery house administrator for more than 30 days; and (6) require HHSC to prepare an annual report regarding recovery houses, including the number of certified recovery houses and any revocations of their certifications. H.B. 298 (Zwiener)—Dark Sky Communities: would provide that: (1) a city that has applied for or received the International Dark Sky Community designation may regulate by ordinance the installation and use of outdoor lighting in the city and the city's extraterritorial jurisdiction; (2) a city may sue in any court to enjoin a violation of an ordinance under (1); and (3) a person who violates an ordinance adopted under(1) commits a Class C misdemeanor offense. H.B. 337 (Rosenthal)—Animal Shelter Records: would require each animal shelter operated by a city to prepare and maintain monthly records on the intake and disposition of animals, and provide for how such records must be made available to the public. H.B. 371 (Fierro) — State Holidays: would designate the day after the Super Bowl as a state holiday. H.B. 386 (Pacheco) — Unlawful Restraint of Dog: would: (1) prohibit and create a criminal offense for the unlawful restraint of a dog; and (2) provide that the prohibition in (1) does not preempt a local regulation relating to the restraint of a dog or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the restraint of a dog if the regulation, ordinance, or requirement: (a) is compatible with and equal to, or more stringent than, the prohibition; or(b) relates to an issue not specifically addressed by the prohibitions. H.B. 409 (Cortez) — First Responder Admission to State Parks: would: (1) provide that the Texas Parks and Wildlife Department shall waive the park entrance fees and certain license fees for an individual who is a first responder and who has completed at least 20 years of continuous service as a first responder or has certain disabilities connected to service as a first responder; and (2) define "first responder" as, among others: (a) a firefighter certified by the Texas Commission on Fire Protection or by the State Firefighters' and Fire Marshals' Association of Texas; (b) an individual certified as emergency medical services personnel by the Department of State Health Services; or(c) a municipal police officer. 43 86 H.B.433(K.King)—Electric Generation Tax:would: (1)impose a tax on each electric generator in the state that generates electricity using an energy source other than natural gas at the rate of one cent for each kilowatt hour of electricity generated; and(2)require revenue collected form the tax to be deposited to the credit of the foundation school fund. H.B. 477 (Deshotel) — Casino Gaming: would: (1) provide for casino gaming in certain state coastal areas;and(2)provide for a casino gaming tax equal to 18 percent of a casino's gross gaming revenue to provide additional money for residual windstorm insurance coverage and catastrophic flooding assistance in coastal areas. H.B. 504 (White) — Fireworks: would expand the days that a retail fireworks seller may sell fireworks to individuals beginning June 14 and ending on June 19. H.B. 505 (White) — Fireworks: would expand the days that a retail fireworks seller may sell fireworks to individuals to five days before Labor Day through midnight on Labor Day. H.B. 537 (Patterson) — County Internet Notice: would: (1) authorize a county governmental entity to satisfy a requirement to provide notice by publication in a newspaper by posting the notice on the county's Internet website; and (2) require an electronic display of information under (1), above, to meet the time, content, appearance, and other requirements provided by law for posting the notice, to the extent possible. H.B. 543 (White) — Working Animals: would: (1) define "working animal" as an animal used for the purpose of performing a specific duty or function, including entertainment, transportation, or education; and (2) preempt a political subdivision from imposing a governmental requirement that terminates, bans, or effectively bans by imposing an undue financial hardship, the job or use of a working animal or an enterprise that employs a working animal. H.B. 561 (Israel) — Juvenile Curfew: would, except for purposes of emergency management, prohibit a political subdivision from adopting or enforcing an order, ordinance, or other measure that imposes a curfew to regulate the movements or actions or persons younger than 18 years of age. H.B. 587 (Cole) — Public Facility Study: would require the Texas Facilities Commission to conduct a study to assess the availability and suitability of existing unused and underused public facilities for joint use by two governmental entities, including the economic advantages of that use. H.B. 596 (Sherman) — Election Day Holiday: would designate the first Tuesday after the first Monday in November of an even-numbered year as a state holiday. H.B. 604 (Noble)—Animal Shelter: would require that, as soon as practicable after an animal is placed in the custody of an animal shelter, the shelter scan the animal to determine whether a microchip is implanted in the animal. 44 87 H.B. 610(Swanson)—State License Holders: would authorize a person who, or entity that,holds a state license in order to practice the individual's occupation or conduct the entity's business to bring legal action against a city to enjoin the enforcement of a local law that: (1) establishes requirements for, imposes restrictions on, or otherwise regulates the occupation or business activity of the license holder in a manner that is more stringent than the requirements,restrictions, and regulations imposed on the license holder under state law;or(2)results in an adverse economic impact on the license holder. H.B. 614 (S. Thompson) — Immunity Waiver for Constitutional Violations: would: (1) authorize a person to bring an action for any appropriate relief against another person, including a public entity, who, under the color of law, deprives the person bringing the action of a right, privilege, or immunity secured by the Texas Constitution; (2) provide that statutory immunity or limitation on liability, damages, or attorney 's fees does not apply to an action brought under(1); (3)provide that qualified immunity is not a defense to an action brought under(1); and(4)require a public entity to indemnify a public employee of the entity for liability incurred by and a judgment imposed against the employee in an action brought under(1), unless the employee is convicted of a criminal violation for the conduct that is the basis for the action. H.B. 624 (Shine) — Offense Against Public Servant: would increase the criminal penalty for certain offenses committed in retaliation for, or on account of, a person's service or status as a public servant. H.B. 635 (Krause) — Federal Firearms Regulations: would: (1) with certain border security exceptions, prohibit a city or employee of the city from contracting with or providing assistance to a federal agency or official with respect to the enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a firearm accessory, or firearm ammunition that imposes a prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration requirement, that does not exist under Texas law; and (2) provide that a violation of the prohibition in(1)may be enforced: (a)by denying state grant funds to the city; and(b)through court action by the attorney general. H.B. 636 (S. Thompson) — Texas State Board of Plumbing Examiners: would, among other things, continue the functions of the Texas State Board of Plumbing Examiners. H.B. 647 (Raymond) — Gambling: would: (1) provide for local option elections to legalize or prohibit the operation of eight-liners; and(2) impose a permit fee of$350 per year on each eight- liner, provide that the comptroller shall collect the fee, and require the comptroller to remit 70% of the fee back to the city. (See H.J.R. 37, below.) H.B. 652 (Paul) — Animal Shelter: would require an animal shelter to provide notice to each person who adopts an animal from the shelter of any epizootic infectious disease (a disease in excess of the expected frequency in a geographic area or population)that occurs among the animals in the shelter in a period just before or after the animal is adopted. H.B. 664 (Land2raf)—Local Debt Elections: would provide that an election for the issuance of bonds or other debt shall be held on the November uniform election date. 45 88 H.J.R. 12 (Meza) — Constitutional Amendments: would amend the Texas Constitution to provide that an election on a proposed amendment to the Texas Constitution must be held in November of even-numbered years. H.J.R. 21 (Craddick)—Infrastructure Funding: would amend the Texas Constitution to create the Grow Texas fund and authorize the appropriation of money from the Grow Texas fund only for use in areas of the state from which oil and gas are produced and only to address infrastructure needs in the manner provided by general law in areas of the state determined by the legislature to be significantly affected by oil and gas production. H.J.R. 32 (Shine)—Unfunded Mandates: would amend the Texas Constitution to provide that a law enacted by the legislature on or after January 1,2022,that requires a city or county to establish, expand, or modify a duty or activity that requires the expenditure of revenue is not effective unless the legislature appropriates or otherwise provides, from a source other than the city or county revenue, for the payment or reimbursement of the costs incurred for the biennium in complying with the requirement. H.J.R. 33 (Swanson) — Regulation of Occupations: would amend the Texas Constitution to prohibit the state or a political subdivision of the state from enacting or enforcing a regulation that imposes a substantial burden on an individual's right to engage in a lawful occupation or profession unless the regulation is necessary and narrowly tailored to protect against actual and specific harm to the public's health and safety. H.J.R. 37 (Raymond) — Gambling: would amend the Texas Constitution to authorize: (1) local option elections to legalize or prohibit the operation of eight-liners or similar gaming devices; and (2) the legislature or a political subdivision to impose a fee on gaming devices approved by a majority of the voters in a local option election under(1). (See H.B. 647, above.) S.B. 61 (Zaffirini) — Unfunded Mandates: would establish an unfunded mandate interagency workgroup and require the group to, among other things, publish an advisory list of mandates for which the legislature has not provided reimbursement following each regular or special session of the legislature. S.B. 65 (Miles) — Official Oppression: would make the offense of official oppression a second degree felony if the public servant, at the time of the offense, is a licensed peace officer and: (1) causes bodily injury to another or threatens another with imminent bodily injury; and (2) while engaging in the conduct described in(1),causes serious bodily injury to another,or uses or exhibits a deadly weapon. S.B. 73 (Miles) — Local Health Departments: would: provide that the executive commissioner of Health and Human Services Commission shall establish a separate provider type for local health departments, including health service regional offices acting in the capacity of local health departments, for purposes of enrollment as a provider for and reimbursement under the medical assistance program. 46 89 S.B. 128 (Johnson) — State Holidays: would: (1) abolish Confederate Heroes Day as a state holiday; and (2) create a new state holiday on June 28 as the "Celebration of Suffrage Day" in honor of the centuries-long struggle to bring the right of suffrage to all Americans. S.B. 133 (Johnson)—Inflation Report by Comptroller: would require the comptroller to: (1) maintain a list of each dollar amount of certain taxes, fees, fines, and exemptions specified in state statute; and(2)not later than November 1 of each even-numbered year: (a) determine the inflation-adjusted amount of each dollar amount identified in(1), above; and(b) estimate the fiscal effects the inflation-adjusted amounts determined under(1), above, would have on the state and political subdivisions of the state if those amounts had applied during the preceding state fiscal biennium. S.B. 149 (Powell)—Unmanned Aircraft: would provide that is a criminal offense for a person to intentionally or knowingly operate an unmanned aircraft over a military installation owned or operated by the federal government, the state, or another governmental entity. S.B. 150 (Powell) — State Agency Rules: would require a state agency that is made aware that a proposed rule may have an adverse economic effect on small businesses,micro-businesses,or rural communities after notice of the proposed rule has been published to: (1) prepare an economic impact statement and regulatory flexibility analysis; (2) publish the statement and analysis in the Texas Register as an amendment to the proposed rule; and(3)provide a copy of the statement and the analysis to the standing committee of each house of the legislature charged with reviewing the proposed rule. S.B. 157 (Perry)—Eminent Domain Reporting Requirements: would: (1) exempt a city with a population of less than 25,000 from eminent domain reporting requirements if the city's eminent domain authority information has not changed from the information reported in the city's most recently filed report; and (2) provide that for a city described by (1), above, if the city's eminent domain authority information is the same as the information in the eminent domain database from the previous reporting period, the city, not later than February 1 of the current reporting period, shall confirm the accuracy of the information by electronically updating the city's previously filed report with the comptroller. Personnel H.B. 21 (Neave)—Sexual Harassment: would expand the time frame within which an employee must file a complaint alleging sexual harassment with the Texas Workforce Commission from not later than the 180th day of the date the unlawful employment practice occurred to not later than the 300th day after the date the alleged sexual harassment occurred. H.B.34(Canales)—Disease Presumption: would, among other things,add a diagnosis of SARS- CoV-2 or COVID-19 by a test approved by the CDC to the workers' compensation disease presumption statute. 47 90 H.B. 48 (Zwiener)—Sexual Harassment: would provide that an employer, including a city, or a person who acts directly in the interests of an employer in relation to an employee, commits an unlawful employment practice if sexual harassment of an employee occurs and the employer or the employer's agents or supervisors: (1)know or should have known that the conduct constituting sexual harassment was occurring; and(2)fail to take immediate and appropriate corrective action. (Companion bill is S.B. 45 by Zaffirini.) H.B. 60 (Reynolds) — Minimum Wage: would increase the minimum wage to not less than the greater of$15 an hour or the federal minimum wage (currently at $7.25). H.B. 87 (Reynolds) — Paid Sick Leave: would: (1) require certain employers to provide annual paid sick leave to each employee, accruing on the date the employee is hired at a rate of one hour paid sick leave for each 30 hours worked by the employee; and (2)provide that an employee may use such leave for specific reasons, including to attend: (a) to the employee's or the employee's family member's health condition; (b) to family violence related matters; and (c) a meeting at a child family member's school. H.B. 145 (Rodriguez) — Unemployment Benefits: would, among other things, eliminate the requirement that an individual have been totally or partially unemployed for a waiting period of at least seven consecutive days before being eligible for unemployment benefits. H.B.224(Ortega)—Local Minimum Wage:would,among other things,allow: (1)a city to adopt a minimum wage that exceeds the federal minimum wage to be paid by an employer to each of its employees for services performed in the city; and (2) a county to adopt a minimum wage that exceeds the federal minimum wage to be paid by an employer to each of its employees for services performed in the unincorporated areas of the county, including areas located within the extraterritorial jurisdiction of a city. H.B. 247 (Meza) — Family and Medical Leave: would create a state family and medical leave law that, among other things: (1) requires an employer, including a city, to provide an employee who has been employed for at least one year not less than 30 days of leave for specific family and medical reasons; (2) creates a wage replacement fund administered by the Texas Workforce Commission that is funded by an assessment on each employee's wages in an amount equal to one quarter of one percent of the employee's average monthly pay; (3) provides that if an employer provides paid sick leave to its employees, an employee is entitled to use such paid leave for the specific family and medical reasons described in (1), above, in an amount not to exceed the lesser or of the paid leave or 30 days; (4)provides that if an employer does not provide paid leave to its employees, or provides paid leave that may not be used for the specific family and medical reasons described in (1), above, the employee is entitled to wage replacement benefits for leave taken for such reasons; and (5) provides that an employer may not interfere with an employee's attempt to take leave, discharge an employee or otherwise discriminate against an individual for opposing an practice made unlawful by the bill, or discriminate or discharge an employee for exercising the employee's rights to leave. H.B. 255 (Meza)—Adjusted Minimum Wage: would: (1) eliminate the current minimum wage ($7.25 per hour) and replace it with an adjusted minimum wage to be paid to an employee by 48 91 certain employers, including a city; and (2) provide that on December 1 of each year, the comptroller shall determine the adjusted minimum wage to be paid for the next calendar year by increasing the adjusted minimum wage for that calendar year by the percentage increase, if any, in the consumer price index for the 12 months preceding that date. H.B. 310 (Sgrin2er) — Disease Presumption: would, among other things, provide: (1) that for purposes of reimbursement of medical expenses for public safety employees, including peace officers, firefighters, and emergency medical services personnel, who are exposed to a contagious disease, a disease is not an "ordinary disease of life" if the disease is the basis for a disaster declared by the governor for all or part of the state; (2) that a firefighter, peace officer, or emergency medical technician who contracts a disease that is the basis for a state declared disaster that results in total or partial disability is presumed to have contracted the disease during the course and scope of employment as a peace officer, firefighter, or emergency medical technician. H.B. 318 (VanDeaver)—Employment Discrimination: would prohibit a city that employs 20 or more employees from terminating or suspending the employment of, or in any other manner discriminating against, an employee who is a volunteer emergency responder and who is absent from or late to the employee's employment because the employee is responding to an emergency. H.B. 360 (Sherman) — Pay Discrimination: would provide that: (1) an employer, including a city, commits an unlawful employment action if the employer: (a) includes a question regarding an applicant's wage history information on an employment application form; (b) inquires into an applicant's wage history information; (c) considers an applicant's wage history information in determining whether to hire the applicant or the wages to pay the applicant; or (d) obtains an applicant's wage history information from a previous employer of the applicant or other source, unless the wages in that previous employment are subject to disclosure under the Public Information Act; (2) an employer may consider an applicant's wage history information in determining an applicant's wages if such information is voluntarily disclosed by the employee; (3) upon reasonable request following an initial interview, an employer shall provide to an applicant a pay scale for the employment position for which the applicant is applying; (4) an employer may ask an applicant the applicant's expectation of wages for the prospective employment position; (5) with certain exceptions, an employer discriminates on the basis of sex by paying wages to an employee at a rate less than the rate at which the employer pays wages to another employee of the opposite sex for the same or substantially similar work on jobs, the performance of which requires equal or substantially similar skill, effort, and responsibility; (6) an employer may not enter into an agreement with an employee that provides that employer may pay the employee a wage at a rate that violates the provisions of the bill, and may not justify a wage differential based on wage history; and(7) require each employer to compile and maintain for a period of at least three years records that: (a) contain the wages paid to each employee; (b) the method, system, computations, and other factors used to establish, adjust, and determine the wage rates paid to the employee; and (c) any other conditions of employment. H.B. 383 (Pacheco) —Minimum Wage: would provide that the minimum wage shall be not less than the greater of$12 an hour or the federal minimum wage (currently$7.25). 49 92 H.B. 396 (Moody) — Disease Presumption: would provide that a nurse, including a nurse employed by a political subdivision, who suffers from COVID-19 on or after February 1, 2020, resulting in disability or death is presumed for workers' compensation benefit purposes to have contracted the disease during the course and scope of employment as a nurse if the nurse: (1) is assigned to treat a patient diagnosed with the disease or to duties that require the nurse to come in contact with a patient diagnosed with the disease; and(2)contracts the disease during the patient's admission to the health care facility at which the nurse treated or came in contact with the patient or not later than the 14th day following the date of the patient's discharge from the facility. H.B. 419 (Sherman) — Pay Discrimination: would, among other things: (1) provide that an employer, including a city, commits an unlawful employment practice if the employer: (a) relies on an applicant's or employee's wage history information in determining whether to hire the applicant, the wages to pay the applicant or employee, or whether to promote or continue to employ the employee; (b) seeks, requests, or requires an applicant's or employee's wage history information as a condition of. (i) an applicant being interviewed or receiving an offer of employment; or(ii)a current employee's continued employment or promotion; (c)seeks,requests, or requires an applicant's or employee's wage history information from a previous employer of the applicant or employee or other source, unless the wages in that previous employment are subject to the Public Information Act; (d)refuses to interview,hire,promote or otherwise employ, or retaliates against, an applicant or employee based on wage history information; or(e)refuses to interview, hire, promote or otherwise employ, or retaliates against, an applicant or employee who did not provide wage history information; (2)provide that if an applicant or employee voluntarily discloses the applicant's or employee's wage history information to an employer, the employer may consider that information in determining the applicant's or employee's wages; (3) provide that an employer may confirm wage history information if at the time an offer of employment with compensation is made, the employee or applicant responds to the offer by providing wage history information to support a wage higher than that offered by the employer; (4)prohibit discrimination or retaliation against person for taking action that is protected by this bill; (5) provides that the bill does not diminish the rights, privileges or remedies of an applicant or employee under any other law or rule or collective bargaining or employment agreement,and(5)an aggrieved applicant or employee may bring a civil action to enforce rights protected by this bill, and an employer may be liable for damages, including injunctive relief and reasonable attorney's fees and other costs. H.B. 455 (Deshotel)—Criminal History Inquiries: would: (1)prohibit an employer, including a city, from including a question regarding an applicant's criminal history record information on an initial employment application form; (2)provide that an employer may inquire into or consider an applicant's criminal history record information after the employer has determined that the applicant is otherwise qualified and has conditionally offered the applicant employment or has invited the applicant to an interview; and (3) provide that the provisions of this bill do not apply to an applicant for a position for which consideration of criminal history record information is required by law. H.B. 499 (Wu) — Pay Equity Task Force: would: (1) create the Texas Pay Equity Task Force, consisting of, among others, one appointed representatives of a city, to: (a) conduct a study to determine whether a disparity exists on the basis of gender, disability, or race in compensation paid to employees of state agencies, counties, and cities; and (b) develop and submit a written 50 93 report on the study and any recommendations developed to the governor, the lieutenant governor, the speaker of the house, and each member of the legislature no later than November 1, 2022. H.B. 540 (Patterson) — Labor Peace Agreement: would: (1) define a "labor peace agreement" as any agreement between a person and the employees of the person or an entity that represents or seeks to represent those employees that limits or otherwise interferes with the rights of the person under federal labor law; and (2) provide that a city or county may not adopt or enforce an ordinance, order, or other measure that requires a person to enter into a labor peace agreement or to waive or limit any right of the person under federal law as a condition of. (i)being considered for or awarded a contract; or (ii) otherwise engage in a commercial transaction with the city or county. H.B. 541 (Patterson)—Disease Presumption: would: (1)provide that a public safety employee, including a peace officer, firefighter,and emergency medical services employee,who suffers from COVID-19 resulting in disability or death is presumed to have contracted the disease during the course and scope of employment as a public safety employee; and (2) retroactively apply the provisions of this bill to a person who on or after February 1, 2020, but before the effective date of this bill filed a claim for benefits or compensation related to COVID-19 and whose claim was subsequently denied may file another claim on or after the effective date of the bill,and the changes made by this bill would apply to that claim. H.B. 550 (Israel)—Whistleblowing: would: (1) for purposes of anti-retaliation provisions of the Whistleblower Act, expand the persons to whom a public employee may report certain violations of law to include: (a) the employee's immediate supervisor, or an individual who holds a position above the reporting employee's immediate supervisor, at the employing entity; (b) an individual or office designated by the employing entity as the individual or office for reporting such grievances; or(c) or a member of the human resources staff of the employing entity; (2)require a public employer, including a city, to: (a) develop and adopt an anti-retaliation policy that: (i) informs its employees of their rights; and(ii)lists the individual to whom its employees may report a violation of law; (b) provide a copy of the anti-retaliation policy to each employee of the first day of the employee's employment; and (c) notify its employees of any change made to its anti- retaliation policy by e-mail, memorandum, or any other manner that ensures each employee will be information of the change; (3)require the individuals described in(1), above,to provide a copy of the entity's anti-retaliation policy if an employee requests such policy; and (4) require the attorney general to post in a prominent location on the attorney general's internet website: (a) a summary of the rights of public employees under the whistleblower statute; and (b) a notice informing public employees of. (i) the ability to obtain a copy of the anti-relation policy adopted by their employment governmental entity or the individuals described in (1), above, and (ii) the requirement that an employing governmental entity provide a copy of the entity's anti-retaliation policy to each public employee on the first day of their employment. (Companion bill is S.B. 132 by Johnson.) H.B. 582 (Cole) —Paramedics Tuition Exemption: would provide, among other things, that an institution of higher education shall exempt, from the payment of tuition and laboratory fees, any student who is enrolled in one or more courses offered as part of an emergency medical services curriculum and is employed as a paramedic by the city. 51 94 H.B. 615 (Goodwin) —Minimum Wage: would provide that: (1) an employer, including a city, shall pay certain employees: (a) for the 2022 calendar year, not less than the greater of$11.25 an hour or the federal minimum wage (currently at 7.25 an hour); and(b) for the 2023 calendar year, not less than the greater of$15 an hour or the federal minimum wage; (2) beginning in the 2024 calendar year, an employer, including a city, shall pay to each employee the greater of the federal minimum wage or an adjusted minimum wage, as determined in (3), below; (3) beginning on December 1,2023,and on every December 1 of each year thereafter,the comptroller shall calculate the adjusted minimum wage for the next calendar year by increasing the minimum wage paid under (2), above, by the percentage increase, if any, in the consumer price index for the 12 months preceding that date; and (4) the wage of a tipped employee may not be less than 50 percent of the amount required by(1) and(2), above. H.B. 637 (Canales) - Disease Presumption: would, among other things: (1) provide that for purposes of reimbursement of medical expenses for public safety employees, including peace officers, firefighters, and emergency medical services personnel who are exposed to a contagious disease,a disease is not an"ordinary disease of life"if the disease is the basis for a disaster declared by the governor for all or part of the state; (2) expand the applicability of the disease presumption statute to include detention officers, including such officers who are employed by a city; and (3) expand the disease presumption statute to provide that a detention officer,firefighter,peace officer, or emergency medical technician who contracts a disease that is the basis of a state declared disaster for all or part of the state and dies or is totally or partially disabled is presumed to have contracted such disease in the course and scope of employment as a detention officer, firefighter, peace officer, or emergency medical technician. (Companion bill is S.B. 107 by Powell.) S.B. 32 (Zaffirini) — Student Loan Repayment: would direct the Texas Higher Education Coordinating Board to establish a student loan repayment assistance program for certain eligible frontline workers (including peace officers, fire fighters, and emergency medical technicians) for exceptional service to the State of Texas during the pandemic. S.B. 45 (Zaffirini) — Sexual Harassment: would provide that an employer, including a city or a person who acts directly in the interests of an employer in relation to an employee, commits an unlawful employment practice if sexual harassment of an employee occurs and the employer or the employer's agents or supervisors: (1)know or should have known that the conduct constituting sexual harassment was occurring; and(2)fail to take immediate and appropriate corrective action. (Companion bill is H.B. 48 by Zwiener.) S.B. 107 (Powell) — Disease Presumption: would, among other things: (1) provide that for purposes of reimbursement of medical expenses for public safety employees, including peace officers, firefighters, and emergency medical services personnel, who are exposed to a contagious disease,a disease is not an"ordinary disease of life"if the disease is the basis for a disaster declared by the governor for all or part of the state; (2) expand the applicability of the disease presumption statute to include detention officers, including such officers who are employed by a city; and (3) expand the disease presumption statute to provide that a detention officer,firefighter,peace officer, or emergency medical technician who contracts a disease that is the basis of a state declared disaster for all or part of the state and dies or is totally or partially disabled is presumed to have 52 95 contracted such disease in the course and scope of employment as a detention officer, firefighter, peace officer, or emergency medical technician. S.B. 132 (Johnson) —Whistleblower Act: would: (1) for purposes of anti-retaliation provisions of the Whistleblower Act, expand the persons to whom a public employee may report certain violations of law to include: (a) the employee's immediate supervisor, or an individual who holds a position above the reporting employee's immediate supervisor, at the employing entity; (b) an individual or office designated by the employing entity as the individual or office for reporting such grievances; or (c) or a member of the human resources staff of the employing entity; (2) require a public employer,including a city,to: (a)develop and adopt an anti-retaliation policy that: (i) informs its employees of their rights; and (ii) lists the individual to whom its employees may report a violation of law; (b)provide a copy of the anti-retaliation policy to each employee of the first day of the employee's employment; and (c) notify its employees of any change made to its anti-retaliation policy by e-mail, memorandum, or any other manner that ensures each employee will be information of the change; (3)require the individuals described in (1), above, to provide a copy of the entity's anti-retaliation policy if an employee requests such policy; and(4)require the attorney general to post in a prominent location on the attorney general's internet website: (a) a summary of the rights of public employees under the whistleblower statute; and (b) a notice informing public employees of. (i) the ability to obtain a copy of the anti-relation policy adopted by their employment governmental entity or the individuals described in (1), above, and (ii) the requirement that an employing governmental entity provide a copy of the entity's anti-retaliation policy to each public employee on the first day of their employment. (Companion bill is H.B. 550 by Israel.) S.B. 209 (Eckhardt) — Nondisclosure Agreements: would: (1) provide that a nondisclosure or confidentiality agreement or other agreement between an employer and employee is void and unenforceable if such agreement prohibits or limits the employee from notifying a local or state law enforcement agency or any state or federal regulatory agency of sexual assault or sexual harassment committed by the employee or at the employee's place of employment; (2) provide that a mandatory arbitration agreement between an employer and employee is void and unenforceable if the agreement requires mandatory arbitration of a dispute involving an allegation of sexual assault or sexual harassment; and (3) prohibit an employer from discriminating against an individual in connection with an employment relationship because the individual refuses to sign an agreement described in(1) and(2). Purchasing H.B. 263 (Meza)—Rest Breaks: would provide that: (1) a governmental entity, including a city, that enters into a contract with a contractor for general construction services shall require such contractor and any subcontractor to provide at least a 10-minute paid rest break within every four- hour period of work to each employee performing work under the contract; (2) each construction contract shall include terms that: (a) authorize an employee of a contractor or subcontractor required to work without a rest break to make a verbal or written complaint to the governmental entity contracting with the contractor; (b) explain that, on confirmation of such violation, the governmental entity shall provide to the contractor written notice of the violation by hand delivery 53 96 or certified mail;(c)inform a contractor that the governmental entity may impose an administrative penalty if the contractor fails to comply after the date on which the contractor receives notice of the violation; and (d) explain that a penalty amount may be withheld from a payment otherwise owed to a contractor;(3)a governmental entity may impose an administrative penalty in an amount of not less than $100 and not more than$500 per day if any employee is required to work without a rest break, and that a proceeding to impose an administrative penalty is a contested case under the Administrative Procedure Act; (4) each governmental shall develop procedures for the administration of the provisions of this bill; and (5) the bill does not preempt a local ordinance, rule, or other measure by a city requiring rest breaks in accordance with a construction contract, provided that such ordinance, rule, or measure is compatible with and equal to or more stringent than the provisions of the bill. H.B. 633 (Morrison)— Prevailing Wage Rates: would provide that, for purposes of awarding a contract for the construction of a public work, a political subdivision, including a city, may determine the prevailing wage rates in the locality in which the public work is to be performed by using data compiled by the Texas Workforce Commission's Labor Market and Career Information Department, including occupational employment statistics wage data for: (1) the local workforce development area or metropolitan statistical area relating to the locality in which the public work is performed; or(2)the state,but only if there is no data available for the relevant local workforce development area or the metropolitan statistical area for the specific occupation, as classified by the United States Bureau of Labor Statistics in the 2018 Standard Occupational Classification system, for which data is sought. H.B. 676 (Hernandez) — Historically Underutilized Businesses: would, among other things, provide that persons with a disability as defined by the federal Americans with Disabilities Act are included in the state's list of historically underutilized businesses. H.B. 692 (Shine)—Public Works Contracts Retainage: would provide that: 1. "warranty period" means the period of time specified in a contract during which certain terms applicable to the warranting of work performed under the contract are in effect; 2. a governmental entity: (a) shall include in each public works contract a provision that establishes the circumstances under which a public works project is considered substantially complete; (b) may release the retainage for substantially completed portions of the project, or fully completed and accepted portions of the project; (c) shall maintain an accurate record of accounting for the retainage withheld on periodic contracts payments and the retainage released to the prime contractor for a public works contract; and(d) shall, for certain public works contracts with a value of$10 million or more,pay any remaining retainage on periodic contract payments, and the interest earned on the retainage, to the prime contractor on completion of the contract; 3. if the total value of a public works contract is $1 million or more, a governmental entity may not withhold retainage in an amount that exceeds five percent of the contract price, and the rate of retainage may not exceed five percent for any item in a bid schedule or schedule of values for the project; 4. except certain contacts funded through the Texas Water Development Board from the limitation described in (3), above; 54 97 5. for a competitively awarded contract with a value of$10 million or more,and for a contract awarded using a method other than competitive bidding, a governmental entity and prime contractor may agree to deposit in an interest-bearing account the retainage withheld on periodic contract payments; 6. a governmental entity may not withhold retainage: (a) after completion of the contract by the prime contractor, including during the warranty period; or (b) for the purpose of requiring the prime contractor, after completion of the contract, to perform work on manufactured goods or systems that were specified by the designer of record and properly installed by the contractor; 7. on application to a governmental entity for final payment and release of retainage, the governmental entity may withhold retainage if there is a bona fide dispute between the governmental entity and the prime contractor and the reason for the dispute is that labor, services, or materials provided by the prime contractor or the prime contractor's subcontractors were not provided in compliance with the contract; and 8. if there is no bona fide dispute as described (7), above, and neither party is in default, a prime contractor is entitled to: (a) cure any noncompliant labor, services, or materials; or (b) offer the governmental entity a reasonable amount of money as compensation for any noncompliant labor, services, or materials that cannot be promptly cured. S.B. 58 (Zaffirini) — Cloud Computing Services: would add cloud computing services to the definition of the term "personal property" for purposes of the Public Property Finance Act. S.B. 59 (Zaffirini) — Comptroller Purchasing Program: would authorize the comptroller to advertise its state purchasing program for local governments in any available media or otherwise promote the purchasing program. S.B. 219 (Hughes) — Professional Services: would: (1) prohibit a governmental entity from requiring, in a contract for architectural or engineering services for the construction or repair to real property,that architectural or engineering service must be performed at a level of professional skill and care beyond that which would be provided by an ordinarily prudent architect or engineer; and(2)provide that a contractor is not responsible for the consequences of defects in and may not warranty plans, specifications, or other design or bid documents provided to the contractor by: (a) the person with whom the contractor entered into the contract; or (b) another person on behalf of the person with whom the contractor entered into the contract. Transportation H.B. 114(Toth)—High-Speed Rail:would restrict certain state agency actions in relation to high- speed rail projects. H.B. 427 (K. Kind) — Electric/Hybrid Vehicles: would add an additional annual vehicle registration fee for electric ($200) and hybrid ($100)vehicles. H.B. 442 (Israel) — Speed Limits: would provide that the prima facie speed limit in an urban district is: (1) 30 miles per hour on a street, or 25 miles per hour if the street is located in a 55 98 residential district and is not officially designated or marked as part of the state highway system; and(2) 15 miles per hour in an alley. H.B. 443 (Israel) — Pedestrians: would require the operator of a vehicle to stop and yield the right-of-way to a pedestrian in various instances. H.B. 502 (Wu) — License Plates: would require the Texas Department of Motor Vehicles to include in its rules for the placement of license plates authorization for a motor vehicle to display only a rear license plate, if the application for the vehicle's registration pays an annual fee of$50. H.B. 555 (Lopez)—Road Construction Vehicles: would: (1)require a driver to change lanes or slow down on approaching certain highway or construction vehicles, utility service vehicles, and solid waste vehicles; and (2) require a vehicle repairing a guardrail, doing sign maintenance, and placing/removing temporary traffic-control devices to be equipped with lamps and comply with lighting standards established by the Texas Department of Transportation. S.B. 206 (Schwertner)—Golf Carts: would: (1) allow a neighborhood electric vehicle and golf cart to be operated in a master planned community: (a) that is a residential subdivision or has in place a uniform set of restrictive covenants; and (b) for which a county or city has approved one or more plats; (2) provide that a person may operate a golf cart in a master planned community described in (1) without a golf cart license plate; and (3) allow a city to prohibit the operation of a golf cart on a highway in the following areas if the city council determine the prohibition is necessary in the interest of safety: (a) master planned community described in (1); (b) on a public or private beach that is open to vehicular traffic; or (c) on a highway for which the posted speed limit is not more than 35 miles per hour. S.B. 221 (Zaffirini) — Speed Limit: would decrease the prima facie speed limit in cities with a population greater than 950,000 to 25 miles per hour in an urban district on a street other than an alley and 15 miles per hour in an alley. Utilities and Environment H.B.37(Zwiener)—Oil and Gas Pipeline Routing: would, among other things: (1)provide that, with certain exceptions,a person may not begin construction of a pipeline before the person obtains a permit from the Public Utility Commission (PUC) that authorizes the route of the pipeline; (2) provide that the PUC may only approve an application and grant a permit if the PUC determines that the route of the pipeline moderates negative effects on the affected community and landowners after the consideration of. (a)community values; (b)recreational and park areas; (c)historical and aesthetic values; (d) environmental integrity; (e)public safety; and(f) economic development; (3) require the PUC to grant or deny a permit not later than the first anniversary of the date the application for the permit is filed; (4) provide that the PUC and the attorney general may enforce the routing permit requirements through judicial review and by imposing administrative penalties; and (5) authorize a procedure for a person to complain to the PUC of a claimed violation of the pipeline routing process. 56 99 H.B. 50 (J. Johnson) — Concrete Plants: would limit the state law under which the Texas Commission on Environmental Quality may issue an air quality permit for a concrete plant located in an area of a city not subject to zoning regulations, and require that such a plant comply with certain notice and hearing requirements. H.B. 56(J.Johnson)—Concrete Plants: would extend the distance within which a concrete plant or crushing facility must be from a single- or multi-family residence, school, or place of worship from 440 yards to 880 yards. H.B. 65 (J.Johnson)—Concrete Plants: would require that an applicant for a standard permit for certain concrete plants mail notice of the application to each household within 880 yards of the proposed plant. H.B. 176 (Zweiner) — Plastic Bag Regulation: would delete the provision in the Texas Health and Safety Code that the Texas Supreme Court held preempts city plastic bag regulations. H.B. 289 (Collier) — Concrete Plant: would provide that a representative of a school, place of worship, licensed day-care center, hospital, or medical facility or a person residing within 880 yards of a proposed concrete plant may request a public hearing from the Texas Commission on Environmental Quality regarding the construction of a concrete plant. H.B. 291 (Murr) — Aggregate Production Operations: would: (1) require an aggregate production operation first required to be registered on or after January 1, 2016, that occupies at least 10 acres, and is located in the boundaries or extraterritorial jurisdiction of a city, to file a reclamation plan and provide a related performance bond; and (2) provide that the reclamation plan described in(1) may be amended with approval of the city. H.B. 416 (Walle) — Concrete Batch Plants: would require a plot plan for an application for a standard permit for a concrete batch plant issued by the Texas Commission on Environmental Quality. H.B. 448 (Bailes) — Eminent Domain for Pipeline Companies: would provide that if an entity regulated by the Railroad Commission proposes to acquire property by eminent domain,a property owner may file a written complaint with the commission regarding alleged misconduct by the entity while exercising that authority. H.B. 520 (Beckley)—Utility Right-of-Way Planting: would provide that the Texas Department of Transportation — in consultation with the Department of Agriculture — by rule shall require a utility(including a city utility)that disturbs the right-of-way of a state highway while constructing or maintaining a utility facility in the right-of-way to install, at the utility's expense, in the right- of-way after the construction or maintenance is complete plants that: (1) are native, regionally appropriate, and pollinator-friendly; and (2) generally grow roots less than four feet below the surface. H.B. 605 (Gervin-Hawkins)—School Drinking Water: would, among other things, require: (1) a school district to adopt a healthy and safe school water plan that provides for periodic lead 57 100 testing; (2) a school district to restrict access to a water source within 48 hours of learning that a test result shows lead levels that exceed 15 parts per billion; and(3)the Texas Education Agency, in collaboration with Texas Commission on Environmental Quality, the Department of State Health Services, regional education service centers, and other stakeholders, to develop a model healthy and safe school water plan that may be used by a school district to comply with the bill. H.B. 631 (Darby) — Municipal Waste and Hazardous Waste: would, among other things: (1) preempt political subdivisions from adopting a rule or ordinance that conflicts or is inconsistent with: (a)the rules of the Texas Commission on Environmental Quality(TCEQ); (b)a permit issued by TCEQ; or (c) the legal requirements for a municipal solid waste facility; and (2) provide that an applicant for a solid waste permit is not required to obtain a permit for the siting, construction, or operation of a municipal solid waste facility from a local government or other political subdivision of the state as a prerequisite to a permit being issued by TCEQ. S.B. 182 (Schwertner) — Municipally-Owned Utilities: would: (1) require certain municipally- owned electric utilities (MOUs) to provide customer choice if the five-year average electric rate paid by customers of a MOU is 10 percent greater than the five-year average electric rate paid by customers in a similarly situated region open to customer choice; (2) require the Public Utility Commission (PUC) to make an electric rate comparison of approximately one-fifth of MOUs located in the ERCOT power region and not open to customer choice by comparing the average electric rate paid in the previous five years by: (a) customers of the MOU; and(b) customers who are located in a region that is open to customer choice and similarly situated to the region served by the utility, as determined by the PUC; and (3) provide that the PUC may not make a rate comparison of an MOU if the MOU was the subject of a rate comparison under(2)in the previous four years. S.B. 211 (Zaffirini) — TCEQ Judicial Review: would, among other things, create a uniform deadline of 30 days to appeal an order, decision, or other act of the Texas Commission on Environmental Quality(TCEQ) for both water and solid waste orders. 58 101 (H` Public Affairs Department )F DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 December 7, 2020 Dear Resident or Property Owner, We are contacting you to provide you with an update on the Bonnie Brae Phase 3 virtual community meeting that was held on Thursday, Dec. 3. The Bonnie Brae Phase 3 project is located at Bonnie Brae Street from Roselawn Drive to I1-1-35E. The City was made aware of unexpected issues that resulted in the mailing delay of the virtual community meeting notices to residents in the area. As a result, residents were unable to attend the community meeting and we sincerely apologize for the frustration and inconvenience this has caused. We are working with the vendor and City staff to resolve these issues from reoccurring in the future. To provide members of the community another opportunity to learn more and share their feedback, a new virtual community meeting is scheduled for Thursday, Jan. 14, 2021 at 6 p.m. The upcoming meeting will also be held in a virtual format and cover the same information as the previous meeting. The meeting details are included in the attached notice with this letter. The virtual meeting held on Thursday, Dec. 3 included a preliminary timeline and project status of the design phase for the upcoming Bonnie Brae Phase 3 by the City project manager and engineers. The meeting was recorded and is available online for viewing at www.cityofdenton.com/virtualcommunitymeeting and www.cityofdenton.com/bonniebraestreet. Please direct any questions or concerns related to the project to the Bonnie Brae Phase 3 Project Manager, Seth Garcia at Seth.Garcia&cityo fdenton.com or call (940) 349-8938. Questions related to the virtual community meeting may be directed to Engagement Coordinator, Stephanie Yates at Stephanie.Yates&cityofdenton.com or call(940) 349-8116. IMPROVING DEN ACN OUR CORE VALUES Integrity•Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 102 (H` Public Affairs Department )F DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 December 7, 2020 NOTICE OF COMMUNITY MEETING Dear Resident or Property Owner: The City of Denton will hold a virtual Community Meeting on Thursday, Jan. 14, regarding the Bonnie Brae Phase 3 project located at Bonnie Brae Street from Roselawn Drive to IH-35E. The City will host the virtual community meeting to provide residents and property owners the opportunity to: • Receive an update on the status of the Bonnie Brae Phase 3 project, and • Discuss input and concerns from community members. Staff from the City of Denton will be available to discuss the project and answer questions from those participating in the virtual meeting. The meeting will be hosted online using a remote format through the video-conferencing interface Zoom. Instructions on how to attend and participate in the virtual meeting is listed below. For more details on virtual community meetings, visit www.cityofdenton.com/virtualcommunitymeeting. Informational Public Meeting Information: Date/Time: 6:00 p.m. on Thursday, Jan. 14, 2021 How to attend: Residents that are interested in attending the virtual meeting must submit an email request with their name, contact number and email address Stephanie.Yates@cityofdenton.com to receive a meeting link. Residents are encouraged to sign up to attend the virtual meeting at least 24 hours in advance to receive the meeting link. Special accommodations: The City will provide select accommodations, such as sign language interpreters for the hearing impaired, if requested at least 48 hours in advance of the scheduled meeting. Please email Stephanie.Yates@cityofdenton.com so accommodation requests can be reviewed and processed. Additional input opportunities: Contact Seth Garcia using the contact information below, if you are unable to attend the virtual community meeting and would like to submit a question or share your feedback with the City. OUR CORE VALUES Integrity•Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 103 4(%)� WmwmlPublic Affairs Department DENTON 215 E. McKinney St., Denton, TX 76201 • (940) 349-8565 City of Denton Contact Information: Residents are welcome to contact City staff with any questions or concerns regarding the Bonnie Brae Phase 3 project, or the scheduled virtual community meeting. For questions relating to the Bonnie Engineering Department Brae Phase 3 project: Seth Garcia, Construction Project Manager Seth.Garcia(cr�,cityo fdenton.com 940-349-8938 To receive a meeting link to attend the Public Affairs and Customer Service virtual meeting, and request special Stephanie Yates, Marketing & Outreach accommodations: Coordinator Stephanie.Yates@Cityofdenton.com 940-349-8116 IMPROVING DENTC-N OUR CORE VALUES Integrity•Fiscal Responsibility• Transparency• Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989 104 CITY CONTINUES TO ADAPT PROGRAMS AND SERVICES AS COVID-19 CASE NUMBERS INCREASE As COVID-19 infection numbers continue to rise, DENTON PUBLIC LIBRARY- Walk-in access to both in our community and across the country, City all three branches of the Denton Public Library has staff and elected officials are coordinating on a daily been suspended until further notice, but they all basis with our partners at the state and county levels offer drive-up window pickups (North Branch) and to help guide us as we make decisions regarding our contactless curbside pickup _ various City programs and services. (Emily Fowler and South Branch) for items on hold with new With the safety of our citizens and employees as our temporary hours: Monday top priority, we've adapted our reopening schedule, through Saturday from programs, and services. Here are our latest updates: 10 a.m. to 5 p.m. ANIMAL SERVICES -To adopt an animal from the North Branch and South Linda McNatt Animal Care & Adoption Center, you Branch will offer appointments can use the new QLess system to join the virtual line. for computer/internet use, and You may also use QLess to schedule an appointment all three branches will provide virtual book-a- to reclaim your animal or to surrender a stray or animal librarian assistance, phone and email reference, you own. See page 7 for information about QLess. reader's advisory services, and account assistance. CUSTOMER SERVICE - Utilities customers can speak To learn more about available Library services, with a Customer Service representative or pay their bill visit library.cityofdenton.com. in-person at City Hall East (601 E. Hickory St.) during regular business hours. Customers may now use the PARKS AND RECREATION -The openings of new QLess system to see estimated wait times and sign Denia Rec Center, Denton Senior Center, and up for a place in line before you leave the house. See Denton Civic Center have been pushed back to page 7 for information about QLess. spring 2021, while MLK Jr. Rec Center and North Lakes Recreation Center will remain open with Customers continue to have the ability to pay their modified hours and services. Virtual programming utility bill by phone at (940) 349-8700, by mail, online will continue and in-person programs and leagues at www.cityofdenton.com/paymybill, and by drop box. will be modified. For the latest Parks reopening schedule and programs, visit www.dentonparks.com. VIRTUAL COMMUNITY MEETINGS - Community input meetings will have a virtual format until further notice. For more information about the City's response to For information and a list of upcoming meetings, visit COVID-19, including the latest facility reopening www.cityofdenton.com/virtualcommunitymeeting. schedule, visit www.cityofdenton.com/coronavirus. www.cityofdenton.com IN THIS ISSUE RUNOFF CITY COUNCIL City Continues To Adapt Programs . • Services..... 1 ELECTION SET FOR DEC. 8 Runoff City Council Election Set for Dec. 8.............. 2 Due to the COVID-19 pandemic, the City of Denton made the PublicVirtual "" ' decision to postpone the General and Special City Council Get Involved in Your • - • - elections, originally scheduled for Saturday, May 2, and ProhibitedTethering Animals Now Dentonreschedule them for Tuesday, Nov. 3. The City Council canvassed the results of the Nov. 3 election Receiving911 Callers Now TextUpdates" with Birdia Johnson elected to represent District 1, and City Offers Rebates t• Denton Residents Deb Armintor reelected to her seat at Place 5. Since no individual Maintain Holiday Seasoncandidate received greater than 50 percent of the votes cast Mayor Approval Required Outdoor Events in the races for Place 6, Place 7 (Mayor), and District 2, a runoff election will take place on Tuesday, Dec. 8. •• Allows Youto Wait in Line on • • _ WHO WILL BE ON THE BALLOT ON DEC.8?' • • Place 6(At Large): City of • Jim Mann Dentonofficesbe closed ' Dec.on Thursday, Friday, Dec. Paul Meltzer Friday, and Monday, Place 7(Mayor): Keely Briggs vorrVIRTUAL • • Gerard Hudspeth D PUBLIC District 2 (Single Member): To protect the health an. safety of • Ronnie Anderson Denton community; • board, • • Connie Baker commission members; . City staff, all public meetings • -• to , remote format *Note: Candidate names are listed in the order they will appear notice.until further All • on the ballot. new Rules of Procedure that were adopted during the March 31 Councilmeeting. WHICH CITY DISTRICT AM I IN? To find your voting district, visit www.cityofdenton.com/vote, Scheduled public • are streamed click "Which City District Am I In," and enter your physical online at www.cityofdenton.com/dtv, made address. If you have issues locating your information, contact available on-demand, • can •- viewed live on the Denton County Elections Administration at (940) 349-3200. cable • • on channel : Charter Spectrumon - WHERE AND WHEN CAN I VOTE EARLY FOR THE ELECTION? • Grande on - - to the remote Early voting began on Monday, Nov. 23 and will continue through formatof • no in-person att- •, Friday, Dec. 4. For a complete list of early voting dates, times, at Denton City Hall will be permitted. and locations, visit www.cityofdenton.com/vote. meetingsCertain • ••. - . • receive WHERE AND WHEN DO I VOTE ON ELECTION DAY? public inputon eligible agenda -ms. Citizens Election Day polling locations are assigned based on - able to participate using our public City Council District and County Precinct. You can find comment options, • • an online Virtual your voting precinct information and polling locations at White • . • by phone. www.cityofdenton.com/vote. For additional inf• • and a current ZDONDE PUEDO ENCONTRAR INFORMACION DE list of • • • public meetings, ELECCION EN ESPANOL? www.cityofdenton.com/publicmeetings. Para obtener informacion sobre [as elecciones en espanol, visite a www.votedenton.com y haga clic en "Espanol" en la pancarta que se encuentra arriba de la pagina o [lame a la Oficina de [a Secretaria de la Ciudad al (940) 349-8309. JI'l tFo 0 0 M ' , Falroadditional information about the Runoff Election on Dec. 8, visit www.cityofdenton.com/vote. GET INVOLVED IN YOUR LOCAL GOVERNMENT The City of Denton is now accepting applications for candidates to fill vacant seats on the City's various Boards and Commissions. Board and Commission members can help shape Denton's future by offering unique viewpoints for the City Council to consider on a variety of issues and services. All eligible residents interested in ' participating in local government are encouraged to apply by Dec. 18. Boards and Commissions are an established feature of Denton's municipal I government. They offer citizens an opportunity to participate in the City's governmental process. Their influence and value are significant because they • lend a more diverse viewpoint for the City Council to consider. To apply for a Board or Commission, applicants must be residents of the City of Denton. Information about the various Boards and Commissions can be found on the City's website at www.cityofdenton.com/boards. For detailed information, click on the "Boards" tab in the lower section of the webpage,- there you will find Board and Commission descriptions, special qualifications, existing vacancies, membership size, term length/limit, enacting legislation, and staff liaison contact information. • - If you are interested in a rewarding experience that will make a positive impact on your community, complete an application at www.cityofdenton.com/boards. If you have any questions, the City _ Secretary's Office can be reached at (940) 349-8309 or by email at City.Secretary@cityofdenton.com. TETHERING ANIMALS NOW PROHIBITED IN DENTON As of November, the City now prohibits tethering. This r change means that it's no longer legal to allow an animal to ` be chained or confined on a tether, such as a rope, chain, , long leash, etc. Tethering is permitted only if the owner is visibly accompanying and monitoring the animal. Additionally, ' this new ordinance prohibits animals tethered in the back of a vehicle, such as a pickup truck or an open bed truck. The mission of the Animal Services department is to promote = . the health, safety, and welfare of animals in Denton. The new tethering ordinance protects unattended animals and makes Denton a safer place for all. If you see an animal tethered, Jill! please call (940) 349-7594. Animal Control will dispatch an officer to speak with the owner. � - • . . Animal Services wants to help you VV I N T E R READING find a way to create a safe space for RESOLUTION your pet withouttethering. • ' Track Reading Hours, -• assistance on • Earn Bodges, alternatives or •urces, contact Sign up at denton.readsquared.com For more information about the tethering ordinance, visit www.cityofdenton.com/tetheringatternatives. 107 3 WHAT TO DO IF YOU EXPERIENCE AN OUTAGE As an organization, the City of Denton plans for every possibility, but sometimes life i can take us by surprise. In the event that you experience power or water outages, we want to provide you with the tools to contact us and get life back on track. To report a utilities-related incident or outage that requires immediate attention, , • such as downed electrical poles or wires, a water main break, a clogged or overflowing sewer main, or a leaking water meter or hydrant, call our Emergency Utility Dispatch line at (940) 349-7000. You can also notify the City of non-immediate issues through Engage Denton. Download the mobile app on your smartphone or submit a request online at www.engagedenton.com. IF If you experience a power outage, Denton • ' THE LATEST OUTAGE UPDATES, Municipal Electric provides live updates on FOLLOW OF • Twitter ((admepower). An outage map is also available at www.dmepower.com. In 2020, DME's average outage response time was reduced to just 26 minutes—from the time an Twitter outage was reported to the time crews arrived @city _ ntx on site to repair the outage. On average, all • • • other U.S. electric companies took 143 minutes to respond to an outage in 2019. If you'd like to Nextdoor sign up for outage text alerts for your home or business, call (940) 349-7650. bit.ly/CoDNextdoor The City also provides up-to-date information Twitter on water outages, street closures, and timelines of when service will return on our Twitter page tter ,71 (a• - • • - ((acityofdentontx). To keep track of any planned outages, be sure to follow the City on Twitter and Nextdoor (bit.ly/CoDNextdoor). Idw LIf 911 CALLERS NOW RECEIVING TEXT UPDATES To improve communication and service, the Denton Police Department recently launched a new tool that automatically sends timely notifications to 911 callers. The SPIDR Tech platform, which applies private sector customer service principles to law enforcement, is already helping enhance the quality of Denton Police, Animal Services, and Public Safety Communications services. -— Callers can expect to receive a text message in English and Spanish when reportin# _ certain incidents, such as a barking dog or a theft. An additional notification may be sent if there is a delay in dispatching an officer. In the interest of public safety, notifications are never sent for 911 hang-ups, domestic disturbances, and other sensitive calls. Based on the type of call, crime victims will receive a follow-up notification to ensure they have important case reference information. The platform will also distribute short, mobile-friendly surveys to help departments understand strengths, weaknesses, and opportunities for service improvements. More features may be added over time. "I am excited about the implementation of SPIDR Tech and how it will enhance our ability to better connect and receive feedback from our community," Chief of Police Frank Dixon said. "The Denton Police Department remains committed to reviewing and improving how we connect with the community and how we can better 4 work together to keep our community safe." 108 CITY OFFERS REBATES TO DENTON RESIDENTS Did you know that the City offers many different rebates for Denton residents? It's an easy way to make improvements around your house H and save some money in the process. 1 Energy Efficiency Rebates Denton Municipal Electric offers various rebates to customers in good �' standing who make qualifying energy efficiency improvements to their WOW r � home or small business. Projects must meet certain "high-efficiency" standards and be submitted within 90 days of completion to qualify. ME WOOD These rebates include: CITY OF DENTON URBAN FORESTER • HVAC systems (up to $400); HaywoodMorgan, - • Smart thermostats (up to $50); •. Forester, • • Attic insulation (up to $400); the Parks • - • • • Air duct repairs (up to $200); Department • manages all• Radiant barrier (up to $300); . • -• • Solar screens (up to $200); parks and properties. This • Windows (up to $500); and includes planting - -- • DIY Weatherization Materials (up to $50). pruning existing trees, •- • trees for insect, Send us an email at rebates@cityofdenton.com to request an disease and hazardous application form, manual, or for more information about the program. conditions. He works • - with -• Denton Beautiful Rebates where he assists with tree Increase the value of your property and improve the livability of our city giveaways • answers by planting trees! Denton utility customers can apply for a $50 rebate questions • for each qualifying native or adapted tree purchased, up to five trees residents about per property. Visit www.cityofdenton.com/treerebates for step-by-step instructions, a list of qualifying trees, and to apply. The deadline to If youhave . question submit Tree Rebate applications is May 1, 2021. Haywood, he can •- reached by ... . .. The Tree Rebate Program is one of six programs under the Denton Cacityofdenton.com. . - Tree Initiative, a campaign from Keep Denton Beautiful and the brings more than 20 years City of Denton designed to increase Denton's tree canopy by offering of •.n Forestry knowledge free trees, forestry education, and tree planting incentives to Denton to his job, and Denton residents, businesses, neighborhoods, and schools. fortunate to such an have • . employee! Visit www.cityofdenton.com/treerebates to learn more. MAINTAIN YOUR DRAIN THIS HOLIDAY SEASON This holiday season, keep everything in good working order and maintain „ppoprpty 015po5f your drains. When fats, oils, and grease / are discarded down kitchen drains in P„ r IN homes, it can build up in the sewer, " causing a blockage, which can cause ' backups into your home. Hot grease 'groy easily melts pvc pipes and causes fast damage. The clogs can lead to sewage WNfN Y00145 REAOY t0 6ft RIP OF/1NY FA'/f,O/lf,Fi 61PEASE, � t;. overflows in the street and stormwater LA66(9N0)3N98080 FOR iIPEEVICK!/V/INO PROP-Off OVfIONS system, and higher sewer bills. " Visit www.maintainyourdrain.com for - helpful tips, FAQs, and to learn more. 5 MAYOR APPROVAL REQUIRED FOR OUTDOOR EVENTS In accordance with Governor Abbott's order, GA-29, everyone should take caution when in public by practicing social distancing and staying at least six feet apart from those outside your household. On Sept. 17, Governor Abbott issued order GA-30 prohibiting outdoor gatherings in excess of 10 people, other than those with varying exemptions, unless you receive approval from the mayor of the city where the gathering will be held. To request the Mayor's approval for an outdoor gathering in Denton, visit www.cityofdenton.com/eventrequest. City staff suggests that applicants include as many details about the event as possible in the initial application, and further details may be requested by staff after a submission has been made. All applicants should allow at least one week for review, and more time may be required if the Mayor wants to refer the application to City Council for input. All approvals will be contingent upon ensuring followingthe Keep your distance • All individuals must wear a face covering in accordance • • compliance• The event must be in . or volunteers - • . . • AR individuals should maintain 6 feet of separation -the individual's group. A group is defined as no more than 10 people, including the members of the household and those persons who traveled together to the event. �Y Safe *Or the Governor's most-recent orders related to face coverings or events. City staff will notify the applicants upon receiving the Mayor's approval or denial. For questions or information, contact Jennifer Eusse at Jennifer.Eusse(acityofdenton.com or visit www.cityofdenton.com/eventrequest. PROTECT YOURSELF AGAINST SCAMS Whether they knock on your front door or call you on the phone, there are plenty of scammers looking to defraud the public, especially around the holidays. The City has recently been made aware that a number of Denton residents have received calls from scammers claiming to be solar companies and partners of Denton Municipal Electric (DME). You should be cautious if you receive such a call as DME and the City do not partner with solar companies and these callers are NOT contacting you on our behalf. °. Here are a few guidelines you can follow to help protect yourself against these and other scams: • Use caution when responding to solicitations claiming to be partners of DME and/or the City of Denton, especially those that offer free trips, money, or other valuables. • Be alert when it comes to emails, calls, texts, or door-to-door salespeople requesting you to provide personal information, money, or to sign documents. Do not provide personal information if you don't trust the source. • Carefully research the companies you do business with. For example, after major storms, disreputable roofing companies have been known to steal down payments or install substandard materials. Protect yourself by getting recommendations from friends and neighbors or by calling the Better Business Bureau. • Hang up, look up the official phone number of the company, and call back. If someone calls you claiming to be a partner or representative of DME or the City of Denton, you can call the official phone number for Denton's Utility Customer Service at (940) 349-8700 and be confident that you are speaking with an appropriate representative. If you suspect that you have been the target of a scam, call the Denton Police Department non-emergency line 6 at (940) 349-8181. 110 N EW APP ALLOWS YOU TO WAIT I N LI N E ON YOU R PHON E Hate waiting in lines? We do too! That's why the City of Denton O LESS DOWNLOAD THE OLESSAPP IN has partnered with QLess, a &',Qe THE APP STORE • ' GOOGLE PLAY virtual app that does the waiting monnow— for you. Simply download the app on your mobile device and tell the About OLESS <Back Services <Back Services app your location. From there, you City of Denton,Tx City of Denton,rx can schedule a visit to City Hall for Denton Office Depot#483 customer service assistance or the Animal Shelter to adopt your new City Hall East 11 inn ..r.wn family member. The app will stay Court Clerk in line for you and then notify you `tenton CAD when it's your turn. :mal Services j•''I ®Join Now The QLess process helps us sh maintain social distancing and Lewisville OfficeMaz 96241 -� frees up your precious time. a It's a win-win! Collin College PRC nlllty customer Service If you prefer to access the web version of QLess rather than the smartphone app, visit www.cityofdenton.com/gless. P 202( geam av 94& The perfect gift for Friends & Family Y� p g SEASON PASS friends and family! SALE _ r a ' s` OFFER / 1 �. Purchase 1-4 for $50 per pass; l ` each additional pass is $40. PAYMENT PLAN OPTION Purchase up to four passes for$50 per pass;each additional www.d e n t o n w a t e rw o r ks. O m Pass is$40.Passes must be purchased together;offer expires Jan.31,2021.Nonresidents add$5 per pass.Purchase online,in person,or by calling the NAT at(940)349-8800. 7 POSTAGEPRSRT STD US JOF Denton, DENTONPermit No.438 DD CUSTOMERRESIDENTIAL -.wood-.odd 0 k1kh- CITYO"FDENTCON RESI ENT -UP STAY UPDATED www.cityofdenton.com/stayupdated 91/cityofdenton V(acityofdentontx @/cityofdenton Nextdoor OVOUTUbB/cityofdenton Email Notifications www.cityofdentonnews.com �V1 CITY OF OENTON I NEWS d STORIES ow N7E�U( • Aft RECYCLABLE IN THE CITY OF DENTON A publication of the City of Denton 11/20 ADA/EOE/ADEA TDD(800)735-2989 www.cityofdenton.com eaANITED LIVE UNITED LIVE UNITED FOR DENTpN COUNTY ' United CO V/D- 19 Relief& Recovery - CARES Act Eviction Way Prevention & Nonprofit Grants Update 113 Denton County December8, 2020 COVID-19 Eviction Prevention in Denton County COVID-19 Eviction Prevention Relief Funding To Date — 12/8/2020 Denton Denton Lewisville County PACCAR Funding for COVID-19 Funding Funding Funding Foundation Total Eviction Prevention in & CARES Act Funding Denton County came from Funding public & private support. As of 12/8/2020, 96% of Funds Raised $130,000.00 $74,000.00 $6,506,555.90 $75,000.00 $6,785,555.90 the funds are from the U.S. Department of the Treasury CARES Act Expenses $130,000.00 $73,400.00 $6,292,031.91 $75,000.00 $6,570,431.91 funding that expire on 12/30/2020 at 5pm. Current Balance $0.00 $600.00 $214,523.99 $0.00 $215,123.99 United 'Y way fit► 114 Denton County COVID-19 Eviction Prevention in Denton County ASSISTANCE BY CITY IN DENTON COUNTY Households Months of Months Assistance Municipality Assisted Assistance %ofCountyTotal Argyle 19 40 0.6% Aubrey 212 383 5.3% Bartonville 1 1 0.0% Carrollton 297 475 11.2% Coppell 7 7 0.1% Corinth 54 71 1.0% Need for eviction prevention (rent, mortgage or Cross Roads 18 36 0.5% utilities payments assistance) spans the Dallas 316 528 7.4% County. Denton 1,384 2,457 34.2% Flower Mound 54 81 1.1% Frisco 123 209 2.9% 86% of the need for months of assistance in: Haslet 5 8 0.1% Denton - 34.2% Hickory Creek 2 3 0.0% Highland Village 2 2 0.0% Lewisville - 21 .8% Justin 31 55 0.8% Carrollton - 11 .2% Krum 19 38 0.5% Dallas (DC) - 7.4% Lake Dallas 55 96 1.3% Lewisville 977 1,566 21.8% The Colony - 6.4% Little Elm 193 337 4.7% Aubrey - 5.3% Northlake 8 14 0.2% Oak Point 8 12 0.2% Pilot Point 21 35 0.5% Plano 3 10 0.1% Ponder 18 36 0.5% Prosper 22 48 0.7% Providence Village 21 41 0.6% Roanoke 35 58 0.8% _ Sanger 36 62 0.9% Unit Savannah 8 16 0.2% Shady Shores 1 1 0.0% way The Colony 290 457 6.4% Trophy Club 2 2 0.0% 115 TOTAL 4242 7180 100% Denton County COVID-19 Eviction Prevention in Denton County TYPE OF ASSISTANCE A virtual paperless household application Rent/Mortgage/Utilities 4,199 process was developed by United Way of Extended Hotel Stay 22 Denton County in partnership with a Temporary Hotel 21 collaboration of nonprofits across Denton Requests Not Approved 204 County. Criteria for approval determined by the Denton County Commissioners Court. Unique Households 2,411 3 mo. Relief Exhausted 1,066 The program was low-barrier, compliant with U.S. Department of the Treasury CARES Act APPROVED REQUESTS BY NONPROFIT criteria and rules. AGENCY Agency Number of Requests Payments made directly by United Way of Denton County to landlords, utilities, mortgage Christian Community Action 563 companies with accompanying legal disclaimer regarding CARES Act funding Denton County Friends of the Family 195 requirements. Giving HOPE, Inc. 308 Grace Like Rain 653 All client applications, supporting Interfaith Ministries 137 documentation, check registers, posted Metrocrest Services 301 checks, bank statements uploaded to Denton Next Steps The Colony 201 County's ShareVault documents system. Our Daily Bread 43 Salvation Army Denton 344 United Salvation Army Lewisville 66 Y United Way of Denton County 1,428 way 116 Denton County COVID-19 Eviction Prevention in Denton County WEEKLY EXPENDITURES Households Week Amount Months (Duplicated) 3/23-3/27 $5,345.00 4 4 3/30-4/3 $42,854.30 43 43 4/6-4/10 $46,085.95 57 57 4/13-4/17 $32,092.23 38 38 Need has spiked in the 4t" quarter of 2020 as 4/20-4/24 $36,787.09 41 41 households financial) impacted b COVID-19 4/27-5/1 $43,606.58 36 35 y p y 5/4-5/8 $55,072.99 51.5 44 exhaust their reserves. 5/11 -5/15 $47,984.69 51.5 44 5/18-5/22 $61,817.38 61 52 56/1 -5/29 $96,321.75 90.5 26 Households capped at 3 months of assistance, 6/1 -6/5 $96,321.75 90.5 68 pp 6/8-6/12 $88,825.90 89.5 63 still the weekly volume grows as 2020 6/15-6/19 $54,046.36 54 40 6/22-6/26 $85,037.08 75 53 progresses. 1,066 households have 6/29-7/3 $87,213.59 75 57 7/6-7/10 $96,909.43 84 63 exhausted their 3 months of assistance. 7/13-7/17 $134,450.92 124 90 7/20-7/24 $156,977.56 140 91 The program closed for applications for 7/27-7/31 $211,039.09 173 101 8/3-8/7 $190,345.00 194 117 assistance on 12/2/2020. 443 December 8/10-8/14 $190,854.15 203 116 payments are in the pipeline to process by 8/17-8/21 $215,147.17 262 125 12/30/2020 at 5rr11m. 8/24-8/28 $256,055.75 333 144 N 8/31 -9/4 $253,159.91 337 158 9/8*-9/11 $238,556.51 273 144 United Way of Denton County alone has 9/14-9/18 $256,410.70 315 136 9/21 -9/25 $217,336.05 267 126 received 230 inquiries for assistance in the 4 9/28-10/2 $218,333.30 265 143 days the program has been closed. 10/5-10/9 $156,890.55 175 119 10/12-10/16 $223,412.89 267 162 10/19-10/23 $291,264.90 345 200 10/26-10/30 $344,848.98 392 231 11/2-11/6 $370,288.69 373 208 United 11/9-11/13 $454,458.67 503 281 Y 11/16-11/20 $415,892.73 436 267 way 11/23*-11/24 $211,251.84 227 140 11/30*-12/4 $624,015.08 686 404 117 Weekly Average $177,271.09 Denton County Program Total $6,5595030.28 COVID-19 Eviction Prevention in Denton County UWDC COVID-19 Eviction Prevention Weekly Trend (Payments) $800,000 $600,000 $400,000 $200,000 $0 \^ \ �O h h h O O O ^ ^ ^ ^ O O O O O O '� 11� O ll� . . . . . . . . � O W Ce O (O,? e �0 � O O��o Week Three distinct phases in 2020 - Payments Assistance Growth: 1 . ALICE (Asset Limited Income Constrained Employed) households and Poverty households hit first United 2. Federal assistance relief exhaustedway Y 3. Middle Class households exhaust their reserves and need help 118 Denton County COVID-19 Eviction Prevention in Denton County UWDC COVID-19 Eviction Prevention Weekly Trend (Households) 500 400 300 200 100 0 P e O h �N �O �o � ^O A �p� . 4� �D, CO �� Ck h� CO �O (SV� Week Three distinct phases in 2020 - Households Needing Help Growth: 1 . ALICE (Asset Limited Income Constrained Employed) households and Poverty households hit first United 2. Federal assistance relief exhausted wayY 3. Middle Class households exhaust their reserves and need help 119 Denton County COVID-19 Relief & Recovery in Denton County In 2020, Denton County nonprofits have received $4.2 million from United Way of Denton County for COVID-19 Relief & Recovery in 2020 through public & private sources, including U.S. Department of the Treasury CARES Act funds. - $1 )8791188 for staffing, personal protective equipment and operations through 12/30/2020 at 5pm. - $214051016 for food insecurity (food and capacity expansion at food insecurity nonprofits in Denton County) Post December 30, 2020 at 5pm - Denton County nonprofits are not funded to continue COVID-19 Relief & Recovery in 2021 — both staff and resources. United 'Y way fit► 120 Denton County Date: December 11, 2020 Report No. 2020-102 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide an overview of planned and current construction projects in the greater-downtown area. EXECUTIVE SUMMARY: On Wednesday, December 9, Council Member Davis requested a comprehensive overview of the status and schedule of current and planned construction projects in the greater-downtown area. The Capital Projects and Utilities Departments currently have over $40 million in capital infrastructure investments that are currently planned, underway, or are nearing completion in the greater-downtown area. This staff report provides a high-level overview of those capital projects along with information on planned maintenance and improvement projects by various City operations. Capital and Utility Infrastructure Projects Downtown Storm Sewer Phase I • Description: Upgrade of the drainage system and pavement repair along the Union Pacific Railroad(UPRR)right-of-way from McKinney to Hickory and on Oak from Oakland to UPRR. • Estimated Construction Cost: $1.76 M • Project Status: Notice to Proceed for Construction issued December 10, 2020. Construction to begin by January 2021. • Estimated Completion: Fall 2021 Downtown Quiet Zones • Description: Median and sidewalk improvements at four downtown Union Pacific Rail Road(UPRR) crossings, including McKinney, Prairie, Sycamore, and Hickory. The planned improvements, coupled with necessary federal approvals,will result in quiet zones that exempt train conductors from having to sound their horns when approaching the designated rail crossings. • Estimated Cost: $1.3 M • Project Status: Design to be completed December of 2020. Should be in construction by Spring of 2021 • Estimated Completion: Fall 2021 for the City's portion. UPRR has signalization upgrades to be made at Hickory that are independent of the City's work. • Estimated Construction Cost: $1.3 M • Project Status: Design to be completed December of 2020. Should be in construction by Spring of 2021 • Estimated Completion: Fall 2021 for the City's portion. UPRR has signalization upgrades to be made at Hickory that are independent of the City's work. 121 Date: December 11, 2020 Report No. 2020-102 Downtown Sidewalks and Lighting • Description: Pedestrian lighting improvements on Locust, Elm, Oak, and Hickory Streets along with sidewalk improvements on Elm and Hickory Streets. • Estimated Construction Cost: $1 M • Project Status: Traffic signal design nearing completion, final construction to begin after traffic signal components are delivered. • Estimated Completion: Summer 2021 West Hickory Street • Description: Drainage improvements, lighting improvements, and street& sidewalk reconstruction along W. Hickory Street between Welch and Carroll • Estimated Construction Cost: $3 M • Project Status: Under construction. The first four phases are nearing completion. • Estimated Completion: Summer 2021 PEC-4 Phases I & 2 • Description: Pecan Creek Tributary Drainage Improvement Project(PEC-4) Phases 1 and 2 will install approximately 1,500 linear feet of box culvert along the Pecan Creek Upper Tributary between Wainwright St. and Prairie St. This project also includes 6,000 linear feet of water improvements and 7,800 linear feet of wastewater improvements along Elm St. and Locust St. between Eagle Dr. and Hickory St. The water and wastewater utility work has been completed. The contractor is currently finishing the storm drain on Elm. Once completed, paving on Prairie between Locust and Pierce will begin. The contractor is also working on concrete repair on Elm and Locust. • Estimated Cost: $15.1 M • Project Status: Under Construction • Estimated Completion: Summer 2021 Elm&Locust Phase 2 • Description: Drainage upgrades and replacement of water and wastewater lines on Locust and Elm from US 380 to Hickory Street. In addition to water and wastewater improvements,project also includes traffic control,paving, sidewalks, and pavement markings. • Estimated Construction Cost: $20.2 M • Project Status: Under Design • Estimated Completion: Determined Following Design Bell Avenue • Description: Replace aging infrastructure (water distribution mains, water meters, wastewater collection mains) along Bell Avenue from University Drive to McKinney Street. • Estimated Construction Cost: $1.5 M 122 Date: December 11, 2020 Report No. 2020-102 • Project Status: Construction is currently underway (started in November). The wastewater main replacement has been completed and the water main replacement project will begin later this month. • Estimated Completion: Fall 2021 Denton Municipal Electric Operations and Maintenance Proiects Highway 77 & Bentwood • Planned Improvement: Installation of two decorative light emitting diode (LED) lights and poles • Estimated Completion: Completion in first quarter of calendar year 2021 Elm& Cedar • Planned Improvement: Replacement of one streetlight that currently has damaged conduit. • Estimated Completion: Completion in first quarter of calendar year 2021 Elm Street Streetlight Replacement • Planned Improvement: Replacement of existing streetlights with LED lights on Elm Street going north and south from the Denton Courthouse Square. Project is currently 80% complete. • Estimated Completion: Completion in first quarter of calendar year 2021 Verizon 5G Node Network Project • Planned Improvement: Design and installation of 17 5G network nodes for wireless communication. • Estimated Completion: Estimated completion in first quarter of calendar year 2021 Solid Waste Improvements To ensure businesses in the greater-downtown area can continue to receive service from the Solid Waste and Recycling Department during active construction, Solid Waste is coordinating with business owners to set out temporary dumpsters. Currently, there are three businesses that have been impacted by construction on Elm Street, temporary dumpsters were in place for impacted business on Thursday, December 10. Service in the Downtown valet solid waste and recycling service area will remain unaffected during the planned construction. ATTACHMENTS: Downtown Construction Project Map STAFF CONTACTS: Chris Lutrick Denton Municipal Electric Executive Manager of Operations (940) 349-7152 Chris.Lutrickgcityofdenton.com 123 Date: December 11, 2020 Report No. 2020-102 Brian Boerner Director of Solid Waste (940) 349-8001 Brian.Boerner(c,cityofdenton.com Rachel Wood Deputy Director of Capital Projects (940) 349-7718 Rachel.Wood(cr�,cityo fdenton.com REOUESTOR: Council Member Davis PARTICIPATING DEPARTMENTS: Capital Projects Utilities Denton Municipal Electric Solid Waste STAFF TIME TO COMPLETE REPORT: 3 hours 124 Downtown Projects DENTON WHERST UNIVER I Legend UNIVERSI"fY NO[ Project Extents SUNSET w RY WOODS CHAPEL Streets WESTWAY LIBRARY p Railroad LEGE O EMERY w LL J Z) J = Q CORDELL U ADM I ISIRATION co Q FH RD CRESCENT w z a z THIRD GROVE U Q GARY J O SE D ~ Q m COLLEGE ~ } PIRTLE J H z � p Q U >< LINDEN Q J SAWYER Q z w m J U Y z SCHMITZ O m =1 T p > BROADWAY O a EXAS Q IFRGUS N Ei�ii� PANHANDLE o Elm & Locust Phase 2 HANN z WIT-iE S w O Q a EGAN Q ARSHALL � PAISLEY j AULIN =� CONGRESS m BARBER SCRIPTURE J IPARK�, Downtown Storm ULAND z GRACET z Sewer Phase I KENT >< Downtown Sidewalks and LightingMCK m LL GREGG CA z wF- Q OAK O2to O w OAK J Q w Q Q Q HICKORY J d p J J m ^ ALNUT U) p v MULBERRY Q D _ ~ w a West Hickory Street SYCA ORE o w a z J � STROUD CHESTNUT Q U w IRI UNION PRAIRIE U ~2 X U) w w O w z 1 z o Q z HIGHLAND = m w Q Y J w Pec 4 Phase 1 and 2 � R MARTIN MAPLE < Q U MAPLES MAPLE � ON WILSON w H > U OU w w d a Downtown Quiet Zon�S- 0a rJ(" 1,000 2,�� LEY J Feet EAGLE 125 2 MILL O,L Date: December 11, 2020 Report No. 2020-103 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Update on the City's Solar Rebate Program funds. BACKGROUND: The City of Denton implemented the Solar Rebate Program in 2009 to help offset initial equipment costs related to solar installations. Over the last several years, solar prices have decreased, leading to an increase in solar installations, system sizes, and rebate amounts. On October 1, 2020 the City of Denton's Solar Rebate Program started with a budget of$500,000 for solar installations. To date the City has received 91 solar applications qualifying for $422,193 in rebates. The remaining fund balance for the solar rebates is $77,807 and is expected to be depleted by December 11, 2020—when 19 solar applications, currently under review, are approved. DISCUSSION: The rapid disbursement of solar rebate funds is driven by the decrease in solar installation costs which has led to an increase in installations and system sizes. To put into perspective, for FY2018- 2019, the $500,000 designated to the Solar Rebate Program lasted until June of 2019 (8 months). For the FY2019-2020, $500,000 in rebate funds lasted until February of 2020 (3 months). For FY2020-2021, solar rebate funds lasted until early December of 2020 (2 months). It is also worth noting that customers are choosing to install solar systems without receiving a rebate. If we compare FY2018-2019 and FY2019-2020 we see that while the total number of solar installations increased by 56 from 132 to 188,installations that received a rebate actually decreased from 116 to 108 but solar installations that did not receive a rebate increased 400% from 16 to 80. Another factor contributing to the quick allocation of solar rebates is the size of the systems. Low solar installation costs have allowed customers to purchase more solar equipment, which has led to higher rebate amounts since rebates are based on the system's size. For example, the average system size for FY2018-2019, FY2019-2020, and FY2021-2021 are 7.27AC kW, 7.60AC kW, and 8.45AC kW, respectively. This fiscal year it only took two months to commit the solar rebate funds entirely and we are on track to exceed previous last year's record installation numbers for systems that did not receive a rebate. 126 Date: December 11, 2020 Report No. 2020-103 Below are a table and graphs showing the total number of solar installations per fiscal year since 2015. Table A Solar Installation and Rebate Award per Fiscal Year Fiscal Year Rebates 14 32 55 116 108 91 Given Installs w/o 2 13 27 16 80 N/A Rebates Systems 16 45 82 132 188 14 Installed Installs w/ Rebates N/A N/A N/A N/A N/A 19 Pending Revision Graph A Solar Installation and Rebate Award per Fiscal Year (x*)Budget (*)Depletion Month •Rebates Given 9 Installs w/o Rebates ■Systems Installed ■Installs w/Rebates Pending Revision 200 188 180 160 140 132 0 120 116 108 f0 100 91 M 82 80 c 80 60 55 45 40 32 1 27 20 d 0 1 1 ■I I 1 ■ 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 Fiscal Year *Feb-17 *Dec-17 *Jun-19 *Feb-20 *Dec-20 **$200,000 **$300,000 **$500,000 **$500,000 **$500,000 STAFF CONTACT: Chris Lutrick (940) 349-7152 Chris.Lutrickkcityo Menton.com STAFF TIME TO COMPLETE: Juan Pagoada-Reyes— 1.0 Hours 127 Date: December 11,2020 Report No. 2020-104 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: City Council Committee assignments BACKGROUND: Resolutions establishing City Council Committees provide the following: 1) Members serve at the pleasure of the City Council until successors are appointed by the Mayor and approved by the City Council; 2) The presiding officer of the Committee be chosen annually by the Committee; and 3) Members of the Committee must be current elected City Council members of the City of Denton. Historically, however, the Mayor has allowed each Council Member to select those committees they wish to serve on. That practice continues with the upcoming 2020-2021 Council Committee assignments. Designated standing, external, and ad-hoc committees assist with the development of policy. The committee assignments are reviewed annually by the City Council to allow the opportunity to adjust if/as necessary. Attachment 1 provides a brief description of each type of committee; and Attachment 2 provides the listing of current member assignments. Please review the current assignments and let me know by Tuesday, December 22, which committees are of interest to you. The proposed appointment list will be presented for discussion at the January 4th Luncheon. The goal is to finalize the appointment listing at that time and schedule formal appointments at the January 12th Meeting. Following a prompt/strict appointment schedule will ensure Council Committees can begin meeting immediately following formal appointments. ATTACHMENTS Attachment 1 —Council Committee Narrative Attachment 2—Current Council Committee Assignments STAFF CONTACT: Rosa Rios, City Secretary (940) 349-8309 rosa.rios&cityofdenton.com 128 COUNCIL COMMITTEE ASSIGNMENTS 2019- 2020 As of December 10, 2020 COMMITTEE CURRENT MEMBERS Agenda Committee Watts [Previously Hudspeth] Ryan (Chair) Audit/Finance Committee Meltzer Watts Committee on Community Engagement Briggs (Chair) [Name change from Committee on Citizen Engagement on 10/20/2020 Armintor (Res.No. 20-1873)] Meltzer Briggs (Chair) Committee on the Environment Davis Meltzer Ryan (Chair) Council Airport Committee Davis Meltzer Council Appointee Performance Review Committee Davis [Inactive; members still appointed] Ryan ([No Chair] Watts 'Community Partnership Committee 'Watts (Chair) [Name change from Hotel Occupancy Tax and Sponsorship Committee on 'Armintor 9/l/2020 (Res.No. 20-1471)] 'Davis Meltzer (Chair) Mobility Committee Briggs Ryan LEGEND: 'At least two members who serve on the Hotel Occupancy Tax and Sponsorship Committee must also serve on the Convention &Visitor Bureau Advisory Board 2All members of the Economic Development Partnership Board must also serve on the Tax Increment Reinvestment Zone No. 2 Board 129 Council Committee Assignments-Page 2 of 2 EXTERNAL CURRENT MEMBERS Community Justice Council Briggs [Inactive as of 0610312019;members till designated] Pending research on whether member must be an elected official 'Armintor 'Convention and Visitor Bureau Advisory Board 'Davis Must be 3 elected officials 'Watts Dallas Regional Mobility Coalition Briggs Must be the Mayor or another elected official Denton County Behavioral Health Leadership Team [Previously Ryan] May be an elected official, senior staff, executive, or community member Denton County Homelessness Leadership Team Watts May be elected official(s), senior staff, executive, or community member Briggs Denton County Transportation Authority (DCTA) Watts May be elected officials Ryan (Alternate) Denton County Workforce Success Leadership Team Ryan May be an elected official, senior staff, executive, or community member Lake Ray Roberts P&Z Commission Briggs Must be the Mayor or his/her designee North Texas Commission Watts Pending research on whether member must be an elected/appointed official (City Manager) Regional Transportation Council Ryan Maybe elected official Briggs (Alternate) Texas Municipal Power Agency Watts One member must be elected official;historically second member from Bill Cheek, Jr. (PUBmember) Public Utilities Board AD HOC CURRENT MEMBERS Development Code Review Committee Briggs Per City ordinance, must be elected officials Watts BOARD CURRENT MEMBERS Economic Development vartnership Board Briggs Per City ordinance, must be elected officials z [Previously Hudspeth] Downtown Denton TIF Reinvestment Zone No. 1 Board Meltzer Per City ordinance, must be elected officials [Previously Hudspeth] 130 Council Committee Assignments-Page 2 of 2 2Tax Increment Reinvestment Zone No. 2 Board 2Briggs Per City ordinance, must be elected officials z [Previously Hudspeth] LEGEND: 'At least two members who serve on the Hotel Occupancy Tax and Sponsorship Committee must also serve on the Convention &Visitor Bureau Advisory Board 'All members of the Economic Development Partnership Board must also serve on the Tax Increment Reinvestment Zone No. 2 Board 131 CITY COUNCIL COMMITTEES AGENDA COMMITTEE The Agenda Committee is composed of the Mayor, the Mayor Pro Tern, and the City Manager. The Agenda Committee reviews the City Manager's proposed City Council agendas as to form and agenda content. AUDIT/FINANCE COMMITTEE The Audit/Finance Committee is composed of three Council Members. The City Manager, or his designee, is an ex-officio member. The duties and purpose of the Committee shall be to assist the Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and any other financial related activities as delegated by the City Council. COMMITTEE ON COMMUNITY ENGAGEMENT The Committee on Citizen Engagement is composed of three Council Members. The City Manager, or his designee, will provide guidance and assistance to the Committee. The duties and purpose of the Committee shall be to provide advice to the Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. COMMITTEE ON THE ENVIRONMENT The Committee on the Environment is composed of three Council Members. The duties of the Committee shall be to review, discuss, deliberate, and consider environmental issues and resources and make recommendations to the Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the Council. COUNCIL AIRPORT COMMITTEE The Council Airport Committee is composed of three City Council members. The City Manager, or his designee, will provide guidance and assistance as needed. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on: the Airport Business Plan and Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport, and issues raised as a result of interface between citizens, airport tenants,or other interested parties. COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE The Council Appointee Performance Review Committee is composed of three Council Members, with the Director of Human Resources as an ex-officio member. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to ensure that the appointee's job descriptions are accurate and properly reflect current job duties in order to make recommendations to the Council to assist the Council in evaluating the job performance of the council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions. 132 COMMUNITY PARTNERSHIP COMMITTEE The Hotel Occupancy Tax and Sponsorship Committee is composed of three Council Members. The duties and purpose of the Committee shall be to monitor allocation and use of both the hotel occupancy tax and sponsorship funds, ensuring HOT funds are being used to directly enhance and promote tourism and the hotel/ convention industry, ensuring the sponsorship funds are being used to further a charitable cause, economic or community growth and serve a public purpose in the best interest of the general welfare of the City of Denton, and recommend organizations to receive funding to the City Council. MOBILITY COMMITTEE The Mobility Committee is composed of three Council Members. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. 133 EXTERNAL COUNCIL COMMITTEES COMMUNITY JUSTICE COUNCIL [Inactive as of 06/03/2019] The Community Justice Council is established according to Chapter 76 of the Texas Government Code. That Chapter indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs and conditions of community supervision. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. Membership: Because Inactive, unable to determine if this must be an elected official; but historically has been an elected official. CONVENTION AND VISITOR BUREAU ADVISORY BOARD The Denton Convention & Visitor Bureau was initiated in 1976 by the Denton Chamber of Commerce to promote events and attractions, provide hospitality education, and ensure a positive experience to Denton visitors. It operates via an agreement between the City of Denton and the Denton Chamber of Commerce. The Advisory Board makes recommendations to the Chamber of Commerce Board of Directors. Membership: Must be three (3) elected officials, at least two of whom must also serve on the Hotel Occupancy Tax and Sponsorship Committee. DALLAS REGIONAL MOBILITY COALITION The Dallas Regional Mobility Coalition is a transportation advocacy group made up of cities, counties and transportation agencies in a five-county region (Dallas, Denton, Collin, Rockwall and Ellis) with a primary mission to advance critical mobility projects through advocacy efforts with state and federal elected officials and regional transportation agencies. The DRMC is governed by a 27-member board of directors representing cities, counties and transportation agencies in the greater Dallas area. It consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite,Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non-elected officials; four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader(non-elected official) appointed by the Dallas County Judge; four ex-officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non-elected official) appointed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Membership: Must be the Mayor or another elected official. 134 DENTON COUNTY BEHAVIORAL HEALTH LEADERSHIP TEAM The Denton County Behavioral Health Leadership Team (DCBHLT) is composed of fifteen to thirty-three members, including one to two appointees from Denton City Council. Per the DCBHLT bylaws, "Cities/Towns should identify a council member, senior staff, executive, or community member"to serve on the team. Appointees shall serve at least one two-year term and attend six meetings in the calendar year. The purpose of the Denton County Behavioral Leadership Team (DCBHLT) is to convene as a policy making team tasked with improving the planning, coordination, oversight, and implementation required to create systems change, for behavioral health services in Denton County. Membership: May be an elected official, senior staff, executive, or community member. DENTON COUNTY HOMELESSNESS LEADERSHIP TEAM The Denton County Homelessness Leadership Team (DCHLT) is composed of seventeen to thirty-eight members, including one to two appointees from the City of Denton. Per the DCHLT bylaws, "Cities/Towns should identify a council member, senior staff, executive, or community member" to serve on the team. The DCHLT shall have one to two appointees from Law Enforcement. A member of city staff serves as an ex-officio member. Appointees shall serve at least one two-year term and attend six meetings in the calendar year. The purpose of the Denton County Homelessness Leadership Team (DCHLT) is to convene as a policy making team tasked with improving the planning, coordination, oversight, and implementation required to create systems change, for housing/homelessness initiatives in Denton County. Membership: May be elected official(s), senior staff, executive, or community member. DENTON COUNTY TRANSPORTATION AUTHORITY] BOARD (DCTA) The Denton County Transportation Authority is governed by a five (5) voting-member Board which includes a representative from Denton, Lewisville, Highland Village, and two members from Denton County serving two-year terms. Each member city is permitted to have a primary and alternate representative. Denton County is permitted to have two primary and two alternate representatives. The Board adopts the annual operating budget and is responsible for setting policy. Membership: Elected officials may serve as board members. Board members must have professional experience in the field of transportation,business, government, engineering or law. DENTON COUNTY WORKFORCE SUCCESS LEADERSHIP TEAM The Denton County Workforce Success Leadership Team (DCWSLT) is composed of twenty- seven to forty-two members, including one appointee from the City of Denton. Per the DCWSLT bylaws, "Cities/Towns should identify a council member, senior staff, executive, or community member" to serve on the team. The DCWSLT shall have one to two appointees from Economic Development Departments. Appointees shall serve at least one two-year term and attend twelve meetings in the calendar year. The purpose of the Denton County Workforce Success Leadership Team (DCWSLT) is to convene as a policy making team tasked with improving the planning, coordination, oversight, and implementation required to create systems change for workforce/employment initiatives in Denton County. Membership: May be an elected official, senior staff, executive, or community member 135 LAKE RAY ROBERTS PLANNING AND ZONING COMMISSION The Lake Ray Roberts Planning & Zoning Commission hears requests for zoning changes, special use permits, recreational park permits, sign permits, planned development applications and variances. The Mayor or his/her designee of each city for the territory extraterritorial jurisdiction of which includes any part of the Lake Ray Roberts lake area in the County. Membership: Must be the Mayor or his/her designee. NORTH TEXAS COMMISSION The North Texas Commission is a public-private partnership of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions dedicated to advancing the vibrancy of the North Texas region. The North Texas Commission provides the resources to carry out programs that benefit the entire region and to address regional problems and opportunities. Membership: Two members—currently the City Manager and Mayor. REGIONAL TRANSPORTATION COUNCIL The North Central Texas Council of Governments has served as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council is the independent transportation policy body of the Metropolitan Planning Organization. The RTC consists of 44 members which include local elected or appointed officials from the metropolitan area and representatives from each of the area's transportation providers. The RTC oversees the metropolitan transportation planning process. Membership: Must be elected officials. TEXAS MUNICIPAL POWER AGENCY The Board of Directors assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. The City of Denton has two representatives serve on the Board of Directors. Membership: One member must be an elected official and historically, the City Council has always appointed a member of the Public Utilities Board. 136 OTHER COUNCIL COMMITTEES AND BOARDS DEVELOPMENT CODE REVIEW COMMITTEE (AD HOC) The Development Code Review Committee is composed of three City Council members plus three Planning and Zoning Commissioners who participate as non-voting ex-officio members. The duties and purpose of the Committee shall be to review all proposed revisions to the Denton Development Code and make recommendation to the City Council regarding the proposed revisions. Membership: Per City ordinance, the Committee shall be comprised of three City Council Members. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD The Economic Development Partnership Board consists of twelve members: (1) two members from City Council at the time of their appointment, (2) two members from the Denton Chamber of Commerce Board of Directors at the time of their appointment who reside or work in the City, (3) two members who will be, or must be currently employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the City, (4) the President of UNT or his/her designee who does not have a city residency requirement; (5) the Chancellor and President of TWU or his/her designee who does not have a city residency requirement; (6) a member with knowledge or experience in general aviation-related matters with no financial interest at the Denton Enterprise Airport and who resides or works in the City, (7) a citizen of Denton with specific knowledge, skills and abilities to assist in the functions of the Economic Development Partnership Board; (8) a member nominated by the Denton Black Chamber of Commerce Board of Directors who resides or works in the City; (9) a member nominated by the Denton Hispanic Chamber of commerce who resides or works in the City. The City Manager, or his designee, the President of the Chamber, and the Superintendent of the Denton Independent School District, will serve as ex-officio members of the Board. The Board provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding marketing and branding for the Denton Enterprise Airport; reviews, considers and makes recommendations to the City Council regarding Denton Enterprise Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. Membership: Per City ordinance, two members of the Board shall be City Council Members. DOWNTOWN DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE BOARD The Downtown Denton Tax Increment Financing Reinvestment Zone Board is composed of seven members: two City Council members, two are either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone, two are either business owners of businesses located within the Tax Increment Reinvestment Zone or members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter of the City of Denton. 137 The Board makes recommendations to the City Council concerning the administration of the Zone; prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval; prepares, implements and monitors such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. Membership: Per City ordinance, two members shall be City Council Members. TAX INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD The Tax Increment Reinvestment Zone Number Two Board consists of fourteen members: twelve members of the Economic Development Partnership Board, one member appointed by the governing body of Denton County, and one member appointed by the "developer", Rayzor Investments, LLP. The Board makes recommendations to the City Council concerning the administration of the Zone; prepare and adopt a project plan and Tax Increment Reinvestment Zone financing plan for the Zone and submit the plans to the City Council for approval; prepare, implement and monitor such project plan and financing plan for the Zone as the Council considers advisable, including the submission of an annual report on the status of the Zone. Membership: Per City ordinance, board membership consists of members of the EDP Board, of which two members shall be City Council Members. 138 FY 20/ 21 Council Requests Open Requests Requests Answered by Department FY All Time Request Volume by 1/21 Council Person Keely Briggs Paul Meltzer Deb Armintor Community Svcs John Ryan Environmental Svcs Jesse Davis Gerard Hudspeth Public Works Mayor Chris Watts Utilities 0 a h 8 CMO Library Legal Fire Police � Requests made by Quarter Tech Services Airport 200 129 Public Affairs/Customer Svc 100 Economic Development 0 0 0 Development Svcs 0 Finance Q1 20/21 Q2 20/21 Q3 20/21 04 20/21 Audit Municipal Court • Keely Briggs • Paul MeltzerI* Deb Armintor Procurement Real Estate John Ryan Jesse Davis • Gerard Hudspeth Total •en Risk • Mayor Chns Watts Requests Elected Official Other Submit New 0 10 20 30 18 Request Some requests involve multiple departments,causing the q 139 total requests by department to add up higher than the total request count Council Requests for Information Council Member Requestor Summary of Request Staff Assigned 1 Council Member Briggs 10/16/20 It feels like the number of shootings,gun incidents has significantly increased this year.Have they Frank Dixon Police Request will be presented during a future Pending Council and by what percent?Is there anything we can do about it? Requests Work Session 2 Council Member Briggs 10/24/20 Work session discussing if council wants to add maternity and paternity leave to our budget.To Tiffany Thomson Human Resources Request will be presented during a future Pending Council allow for less stress and family and baby bonding. Requests Work Session Council Member Davis 11/10/20 I'm looking for a little more specificity in the DCTA budget.Can we please find out 1)how much Sara Hensley City Manager's Office Information will be provided in a future Friday Report DCTA budgeted for FY21 for the collections of fares(machines,machine maintenance,printing 3 tickets/passes,enforcement,etc.)and 2)whether any of DCTA's grants require a particular fare to be charged(or any fare at all),or for farebox revenues to meet a certain percentage or threshold? Thank you! 4 Council Member Armintor 11/16/20 I would like a work session on recording all of our closed meetings,but would first I would like to see City Manager's Office Request will be presented during a future Pending Council the confidential minutes from the last two closed meetings where minutes were taken. Requests Work Session Council Member Armintor 11/19/20 Pa hat's the latest estimate on when the construction on Hinkle is expected to be complete?.I have Becky Diviney Public Works Information will be provided in the December 11 Friday Report 5 so heard that the roundabout there is rather precarious,especially at night. Would the addition of hting or additional signage help with the roundabout,at least in the short term? Council Member Briggs 11/30/20 Received this message. It has been 6 months,any follow up? Any update on getting internet to the Stuart Birdseye City Manager's Office Information will be provided in a future Friday Report 6 one area in the city of Denton with no internet??Preserve at pecan creek over here hasn't heard anything for a while,and we're hoping that one of you has some answers for us.If not,who should we contact at this point? 7 Council Member Armintor 12/01/20 Can the electronic"blue card"agenda item comment form be altered to ask for people's email Ryan Adams Public Affairs Request will be presented during a future Pending Council addresses? Requests Work Session 8 Council Member Briggs 12/02/20 One min pitch for staff to review pockets of land within the city under 5 ac we can preserve as Request will be presented during a future Pending Council habitat imi Requests Work Session 9 Council Member Briggs 12/04/20 Can staff look into applying for the grant re bike infrastructure found here: Laura Behrens Grants Information will be provided in a future Friday Report https:Hpeopleforbikes.org/grant-guidelines/ Council Member Davis 12/04/20 Is there federal funding available to provide hazard pay to our first responders and essential workers Tiffany Thomson Human Resources Information will be provided in a future Friday Report 10 who are required to come in contact with COVID-19 carriers?I believe I've heard of other local governments who are doing this. Council Member Armintor 12/04/20 Can the intersection of Kings Row and Sherman get a light and that whole road get a diet-- Brian Jahn Public Works-Traffic Information will be provided in the December 11 Friday Report 11 sidewalks with protected bike lanes? Nobody else should have to die.This collision was preventable. Council Member Armintor 12/04/20 Can staff look into intersection on Hickory right off Bonnie Brae?People race down that street way Brian Jahn Public Works-Traffic Information will be provided in the December 11 Friday Report over the 30mph speed limit,coming off the highway and off Bonnie Brae. They seem to slow down once they hit the university,but before then they go too fast.That street has 2 lanes one-way,with a bike lane on one side,and no sidewalks on one side of the street. If it were reduced to 1 lane with sidewalks on both sides,and with barrier-protected bike lanes on the side with the parking(not to 12 eliminate the parking,but to physically separate the parking from the bike lane)people would go slower,and it would be safer for pedestrians and more accessible to people with disabilities on that side of the street.At the very least,can we put up speed limit signs and one of those digital signs that tells you how fast you're going?Maybe a speed bump or two too close to the Bonnie Brae side? There are families with young kids,disabled folks,seniors,and cyclists who live around there. I don't want any cyclists or pedestrians to die there either. Council Member Meltzer 12/04/20 The intersection of Kings Row and Sherman was the site of a crash that was fatal to a cyclist.At the Brian Jahn Public Works-Traffic Information will be provided in the December 11 Friday Report 13 earliest appropriate time,I would like to know staffs assessment on what changes if any they would recommend at this intersection,including for instance signalization,lighting,etc. 14 Council Member Briggs 12/04/20 The intersection at Kings Row and Sherman has has many wrecks and lives have been lost.What Brian Jahn Public Works-Traffic Information will be provided in the December 11 Friday Report can we do at this intersection?please review the safety issues and see if a light can be installed 15 Council Member Meltzer 12/06/20 Can staff provide information on the view that wells should be replugged every 20-30 years and Scott McDonald Development Services Information will be provided in the December 11 Friday Report whether legally we can(because it's a below ground activity)or should make that a requirement? 16 Council Member Davis 12/07/20 Can staff provide an update on the bike/ped situation at the new DHW and down to Rayzor Ranch? Brian Jahn Public Works-Traffic Information will be provided in the December 11 Friday Report I had previous discussions with the department on the matter. 17 Council Member Davis 12/09/20 Can staff provide an update on the Elm St construction? Becky Diviney Public Works-CIP Information will be provided in the December 11 Friday Report 18 Council Member Davis 12/09/20 Could we get an update on bike/pedestrian safety and our"Vision Zero"participation? Rachel Wood Public Works-CIP Information will be provided in the December 11 Friday Report 19 Council Member Johnson 12/11/20 Can staff check on the status of a permit for a roof replacement on the square? Charles Rosendahl Development Services Information will be provided in a future Friday Report 140 December 2020 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 4:00 pm CC Work DCRC 1pm Cancelled-8:30DEDC Session Cancelled-2:30pm 6:30 pm CC Regular Agenda Committee 12:00 Public Art Committee Se ssio n 4:00pm P&Z Work Session 6:30pm P&Z Regular Session 6 7 8 9 10 11 12 Cancelled-Traffic Safety 11:00EDPB 1:00 pm Airport Advisory Human Services Commission 11:30 am Ca nc a Ile d -2:00 p m Cancelled-DCRC 1 pm Board Advisory 12pm COE 1:30 CC Work Session No-2:30pmAgenda cancelled Committee 2:00 pm SC City Cancelled-5:30 Airport Council Advisory Board 13 14 15 16 17 18 19 PUB 9:OOam Cancelled -2:00pm Mobility Committee Cancelled-3:00pm 12:30pm Parks, Rec, CC Work Session 9:00 am Committee on Persons with Beau No-2:30pm Agenda Disabilities ZBA 3:OOprn Committee 6:00 pm Special Called 5:00pm P&ZWork Session Council 6:30pm P&Z Regular Session 20 21 22 23 24 25 26 loam Council Airport Christmas Eve Christmas Day Committee Holiday Holiday No Council Meeting 27 28 29 30 31 No Council Meeting Cancelled -3:OOPM Board of Ethics 141 January 2021 1 2 New Year's Day Holiday 3 4 5 6 7 8 9 9:00amCOE 2:00 pm CC Work Session 8:30a.m.DEDC 6:30 pm CC Regular Se ssion 1 1:30 am Council 10:00 am Comnxmity Lune he on Engagement 10 11 12 13 14 15 16 9:00 am PUB 2:00 p m 2n d Tu e sd a y 11:00 a.m.EDPB 3:30 p.m.Library Board Se ssion 5:30 pm-AAB 12:00 pm Traffic Safety Commission 17 18 19 20 21 22 23 o Council Mee tin g 9:00 am IVbbility Committee 3:00 pm CoPwD MLK Day Acting Holiday 24 25 26 27 28 29 30 9:00 am PUB 10:00 am-CAC 12:00 p.m.TIRZNo.1 2:00 pm 4th Tuesday Se ssion 31 142 February 2021 1 2 3 4 5 6 9:00 am COE 2:00 pm CC Work Session 11:30 am Traffic Safety 8:30 a.m.DEDC 6:3 0 pm CC Regular Conumssion 12:00 pm Bond Committee 11:30 am Council Session Luncheon 7 8 9 10 11 12 13 9:00 am PUB 2:00 p m 2n d Tu e sd a y 11:00 a.m.EDPB 3:30 p.m Library Board Se ssion 5:30 pm-AAB 14 15 16 17 18 19 20 2:00 pm CC Work Session 9:00amIvbb>iityComnittee 6:30 pm CC Regular lvbeting Se ssion 21 22 23 24 25 26 27 9:00 am PUB 10:00 am-CAC 2:00 pm 4th Tuesday Se ssion 143 FUTURE WORK SESSION ITEMS MATRIX As of December 11,2020 Meeting Date Currently Slated Work Session Items 15-Dec CANCELLED 17-Dec Canvass Runoff Election Results& Special Called Other Action Items 2021 4-Jan 2021 Luncheon City Council 2020 Committees B&C 2020 Appointment Process Council Request Start @ 11:30 a.m. 20-2148 20-2147 20-2096 5-Jan 2021 Legislative Agenda Economic Development Incentive Internal Audit-Utility Meter Reading Council Requests Start @ 2:00 p.m. 20-2252 20-2529 20-1978 20-2093 Parkland Dedication&Development COVID-19 Update DME Ordinance TIRZStudy Council Requests 12-Jan 2021 20-2117 20-2505 TBD 20-2182 20-2094 19-Jan 2021 No Meeting 2021 May General&June Runoff Stormwater Master ETJ Update elections-locations,dates,and times EDPB Appointment Process Council Requests 26-Jan 2021 20-1661 20-1668 20-2399 20-2550 20-2095 1-Feb 2021 Police Department Overview Council Requests Luncheon 20-2354 20-2271 Feb 1 Affordable Housing COVID-19 Update Feb.2 Assessment Report Naming for Parks Council Requests 2-Feb 2021 20-2118 20-1844 20-2320 20-2272 Feb 2 Fund Balance Policy(General Fund, 20-21 Utilities Budget and Rates Internal Service Fund,Utilities Council Requests 9-Feb 2021 20-2261 20-2394 20-2273 Feb 9 EDA CARES Act Council Requests 16-Feb 2021 20-2183 20-2274 Feb 16 Capital Project CIP Update Council Requests 23-Feb 2021 20-2531 1 1 1 20-2275 Feb 23 Accessory Dwelling Units,and �O Screening COVID-19 Update Mar.2 Council Requests C DCA19-0011 Construction Code Review(TBD) Delegated Authority 20-1886 20-2385 Mar 1 C ftf d Council Requests of Public Art Right-of-Way Ordinance Follow-up DME Solar Programs 20-2386 Mar 2 C O 42 v4AJ 0 Redistricting Update Hartlee Field PID Council Requests O June/July 2021 20-1789 Group Home Code Amendment 20-2387 Mar 16 N Y L O Council Requests 20-2388 Mar 23 144 Street Closure Report IMPROVING "TM Upcoming Closures F)FNT(CIN OF DENTON Week of December 14,2020-December 20,2020 Street/Intersection From To Closure Closure Description Department Upcoming Public Other partme Start Date End Date Info/Notes Meeting Communication Contac Water Distribution will be Email Notification,Direct Bell Ave at Mckinney St 07/08/21 09/04/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Email Notification,Direct Bell Ave at Mingo Rd 06/22/21 07/07/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Email Notification,Direct Bell Ave Withers St Mingo Rd 05/10/21 06/21/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Email Notification,Direct Bell Ave Texas St Withers St 04/15/21 05/07/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Administratio Water Distribution will be Email Notification,Direct Bell Ave n Dr Texas St 03/18/21 04/14/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Administratio Water Distribution will be Email Notification,Direct Bell Ave Chapel Dr n Dr 01/14/21 03/17/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Water Distribution will be Fannin St Welch St Bernard St 12/21/20 01/28/21 installing a new water main line Water N/A (940)349-7278 and services. Concrete Street Panel and Sidewalk Repair.The process March Rail Cat Tail Heron Pond 01/04/21 02/12/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Wastewater Collections will be Precision Dr Airport Rd 1500'north 01/15/21 02/11/21 installing a new wastewater Wastewater main and services. Concrete Street Panel and Sidewalk Repair.The process Purdue Drexel Syracuse 01/04/21 02/12/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Upcoming Closures 145 Street/Intersection From AMTM Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Contractor will be demoing the existing drainage and roadway and then installing drainage improvements across Ryan RD Public Works at the Hunter's Creek area. Inspections, NextDoor,Email Ryan Rd Roxbury St FM 2181 01/04/21 02/05/21 They will also be installing a Private Notification (940)268-9842 new water line to the property Development and then repaving this section of road. Message boards to be put out on December 14th 2020. Total 10 Upcoming Closures 146 Street Closure Report IMPROVING Current Closures ()F .. 11 DENTON Week of December 14 2020-December 20 DFNI 2020 \\ r�'I Street/Intersection From To Closure Closure Description Department Upcoming Public Other epartment Start Date End Date Info/Notes Meeting Communication Contact Georgetown Wastewater Collections will be Amherst Dr Dr Hinkle Dr 09/28/20 01/14/21 installing a new wastewater Wastewater N/A (940)349-8909 main line and services. Unite Private Networks,and sub-Public Works Avenue C Chestnut Highland 12/14/20 12/18/20 contractor Verticom,temporarily Inspections, Direct business contact (940)205-3779 Street Street closing street to install fiber Unite Private optic service. Networks This project is to add drainage North of upgrades and widen Hickory NextDoor,Email Barrel Strap Road Hickory Ocean Drive 09/07/20 01/04/21 Creek Road.It is also adding an Engineering Notification (940)349-7426 Creek Road acceleration lane to Barrel Strap Road. Water Distribution will be Email Notification,Direct Bell St University Dr Chapel Dr 12/14/20 01/13/21 installing anew water mainline Water business contact,N/A (940)349-7278 and services. North South Water Main Phase Engineering, Temporary Flagging in Bonnie Brae IH 35E Scripture 06/15/20 03/01/21 3 Water all lanes for pipe Direct business contact (940)349-8938 delivery. Concrete Street Panel and Sidewalk Repair.The process Clydesdale Weeler Spainsh 12/07/20 01/29/21 starts with Barricading the failed Streets N/A (940)349-7146 Ridge Lane sections of concrete pavement, remove the pavement,and install new concrete. Elm Hickory Prairie 05/11/20 02/26/21 PEC 4 Utility Project Engineering Direct business contact (940)349-8938 Infrastructure Safety Upgrades Ft.Worth Dr.(US 377) IH 35E FM1830 10/17/19 02/01/21 &New Sewer Main Install TxDOT (940)349-8938 (temporary closures) Widening of Hickory Creek road from Teasley to FM 2499 with Hickory CreeK Road Teasely FM 2499 10/06/20 02/16/21 an acceleration lane being Engineering NextDoor,Email (940)349-7426 constructed on FM 2499. Notification Project also included drainage upgrades. Intersection back of Intermittent closures of this NextDoor,Email Hidden Meadows Trail with Vintage Vintage blvd 03/16/20 01/01/21 intersection for construction Engineering (940)349-8938 Blvd right of way activities Notification Current Closures 147 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Highland Park Jasmine st Bonnie Brae 12/03/20 12/17/20 boring a new water and sewer Public Works NextDoor,Email (940)268-8946 line under the KCS Railroad. Inspections Notification Install new curb and gutter.Mill Scheduling conflict with Johnson Street Daugherty Smith Street 10/26/20 12/22/20 off old pavement and install Streets concrete contractor so Door hangers (940)349-7146 Street new asphalt to match the grade we move the start date of the new inlets. to 10-26-20. Storm drain improvements as Locust St. Prairie Highland 03/09/20 01/01/21 part of Pec-4 Ph 1&2 Engineering Direct business contact (940)349-8938 Project.East Side In Closure Street Reconstruction Remove and replace curb and Mistywood Lane Woodhaven Jamestown 10/01/20 02/12/21 gutter as needed. Streets N/A (940)349-7146 Remove old asphalt and stabilize subgrade. Install asphalt pavement Intersection back of Intermittent closures of this Email Mockernut Rd. with Vintage Vintage 03/16/20 01/01/21 intersection for construction Engineering NextDoor, (940)349-8938 Blvd. Blvd.right of activities. Notification way Concrete Street Panel and Sidewalk Repair.The process Paddock Lipizzan English 12/14/20 01/15/21 starts with Barricading the failed Streets N/A (940)349-7146 Saddle sections of concrete pavement, remove the pavement,and install new concrete. Prairie Elm Pierce 06/01/20 03/26/21 PEC 4 Utilities Engineering NextDoor,Direct (940)349-8938 business contact Storm drain improvements,as Prairie St. Locust St. Elm St. 03/23/20 03/26/21 part of Pec-4 Ph 1&2 Engineering Direct business contact (940)349-8938 Project. Street closed to thru traffic. Water Distribution will be Precision Airport Rd 1500ft north 10/12/20 12/18/20 installing a new water main and Water N/A (940)349-7278 services Waste Water, Greystar will be placing their Public Works Spencer Road Bridges St. Mayhill Road 12/07/20 01/21/21 sanitary line along Spencer Rd Inspections, Email Notification (940)391-6299 for the Elan Denton project. Private Development Current Closures 148 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date - AMInfo/Notes Meeting Communication Contact Concrete Street Panel and Sidewalk Repair.The process Spring Creek Creek Bend Beechwood 10/05/20 12/18/20 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Road will be closed for paving public Works Underwood McCormick Ave.B 11/09/20 12/18/20 and sidewalk construction for Inspections N/A (210)563-1599 the new Fire Station#3 Construction is set to begin on 8-20-20:Atmos Energy West Hickory Street between N. is currently relocating Welch Street and Carroll Blvd in gas line on the South September of 2020 and Atmos,Streets, side of W.Hickory continue through May of 2021. between Welch and Email Notification,Direct West Hickory Street Welch Carroll 08/31/20 05/29/21 Detailed lane closure Drainage,Water, Bernard.Once Atmos business contact (940)349 8425 information is forthcoming Waste Water finishes,the contractor pending approval of the will mobilize into that contractor's phasing and traffic same area to begin control plans. construction. Branch 08/24/20 08/16/21 Install utilities and road En NextDoor,Email Windsor Hanover Crossing reconstruction Engineering Notification (940)349-7426 Windsor Stuart Longfellow 08/24/20 08/23/21 Installation of utilities and street Engineering NextDoor,Email (940)349-7426 reconstruction Notification Windsor Stuart E.Sherman 09/07/20 12/14/20 This closure is to reconstruct Engineering NextDoor,Email (940)349-7426 Windsor Drive Notification Total 26 Current Closures 149 Street Closure Report IMPROVI �F Completed Closures F)F:'NlrlrocrN' �� i DENTON Week of December 14 2020-December 20 2020 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Wastewater Collections will be Bell Ave Texas St Withers St 11/19/20 12/08/20 installing a new wastewater Wastewater Email Notification (940)349-8909 main and services. Concrete Sidewalk and ADA Ramps Repair.The process Club House at Sombrero 11/30/20 12/23/20 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete Sidewalk, remove,and install new concrete Public Works Collins Dallas Dr. Johnson St 07/20/20 11/30/20 Haven at Daugherty:Pavement Inspections, N/A (940)205-9230 Private Development Concrete Street Panel.The process starts with Barricading Como Lake Windriver Loon Lake 10/05/20 11/13/20 the failed sections of concrete Streets N/A (940)349-7146 pavement,remove the pavement,and install new concrete. Concrete Street Panel and Sidewalk Repair.The process Diamond Poinsettia Cyrus Way 11/16/20 12/04/20 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Doris McKamy Tripp Tr 10/26/20 11/20/20 Concrete Panel and Sidewalk Streets repair City of FM 2181 Denton/Cori Lillian Miller 11/18/19 11/30/20 Street Widening TxDOT (940)349-8425 nth City limits Water Distribution will be Foxcroft Cir Emerson Ln Emerson Ln 03/09/20 12/11/20 replacing the water main and Water Intermittent closures N/A (940)349-7278 water services. The road will be closed as a part of the 2019 Street Hercules N.Locust Stuart 08/01/20 11/01/20 construction bundle Project. Engineering NextDoor,Email (940)349-7426 Hercules is set to have Notification,Mail outs reconstruction of the curbs, gutters and the street. Completed Closures 150 Street/Intersection From To Closure Closure Description AL Department Upcoming Public Other Department Start Date End Date Info/Note Meeting Communication Contact Completed about 90% Perform full depth base repairs of the work.Equipment Kings Row Marrianne 288 10/22/20 11/20/20 on Kings Rows. Streets issues so I'm extending N/A (940)349-7146 the project to the end of the week. Concrete Sidewalk Repair.The process starts with Barricading Merlot Riesing Pinot 10/26/20 11/06/20 the failed sections of concrete Streets N/A (940)349-7146 Sidewalk,remove,and install new concrete Mills Road N.Mayhill S.Trinity 11/30/20 12/11/20 Perform Asphalt Base Repairs Streets Equipment issues so Message Boards (940)349-7146 Road at various locations. and weather delays. Water Distribution will be Northcrest Rd Foxcroft Cir Emerson Ln 03/06/20 12/11/20 replacing the water main and Water N/A (940)349-7278 water services. Curb and Gutter Repair.The process starts with Barricading Roberts N.Bell Brown 10/19/20 11/20/20 the failed sections of,Curb and Streets N/A (940)349-7146 Gutter remove and install Curbs. Roselawn Bonnie Brae Bernard 05/12/20 11/20/20 Bonnie Brae Phase 1 Engineering North Side lane closure NextDoor (940)349-8938 intersection back of Intermittent closure of the NextDoor,Email Shagbark Dr with Vintage Vintage Blvd 03/16/20 12/03/20 intersection for construction Engineering (940)349-8938 Blvd right of way activities. Notification NextDoor,Email Stuart Road North of South of Windsor wndsor 09/07/20 11/16/20 Street repairs Engineering Notification (940)349-7426 Vintage Blvd US377 Hidden 10/23/20 11/20/20 Bonnie Brae Phase 2 Engineering 10/14/20 NextDoor,Public (940)349-8938 Meadows Trl Meeting(s) Total 17 Completed Closures 151