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030521 Friday Staff Report City Manager's Office "F 215 E. McKinney St., Denton, TX 76201 • (940) 349-8307 DENTON MEMORANDUM DATE: March 5, 2021 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, Interim City Manager SUBJECT: Staff Report L Council Schedule A. Meetings 1. Public Utilities Board on Monday, March 8, 2021 at 9:00 a.m. via video/teleconference—City Council Work Session Room. 2. Parks, Recreation and Beautification Board on Monday, March 8, 2021 at 3:00 p.m. via video/teleconference—City Council Work Session Room. 3. No - City Council Meeting on Tuesday, March 9, 2021. 4. Cancelled - Economic Development Partnership Board on Wednesday, March 10, 2021 at 11:00 a.m. in the City Council Work Session Room. 5. Cancelled - Agenda Committee Meeting Wednesday, March 10, 2021 at 2:30 p.m. in the City Manager's Conference Room. 6. Airport Advisory Board on Thursday, March 11, 2021 at 1:00 p.m. via video/teleconference—City Council Work Session Room. 7. Library Board on Thursday, March 11, 2021 at 3:30 p.m. via video/teleconference—City Council Work Session Room. 8. Community Development Advisory Committee on Friday, March 12, 2021 at 12:30 p.m. via video/teleconference—City Council Work Session Room. OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service IL General Information & Status Update A. Procurement of Executive Recruitment — Recruitment firms are often utilized by the City to fill executive or highly specialized positions. Each recruitment will be treated independently, and Human Resources will request a proposal for certain recruitments. When proposals for individual recruitment meet or exceed $50,000, a formal solicitation process may be utilized unless the services are exempt from solicitation requirements, and Council will approve a contract with the recruitment firm. Staff contacts: Tiffany Thomson,Human Resources and Christine Taylor, Procurement and Compliance B. DME-Related Media Requests — Since the start of the recent winter storm and associated rotating outages, DME executive staff has been incredibly accessible to local, regional, and national news outlets. They provided multiple interviews daily to keep the community and broader public informed of the impact and activities of DME regarding this crisis. A significant step in the recovery from the statewide outage emergency is the analysis and reporting of findings to the City Council on March 23. Due to the increase in media requests and the need to devote significant executive staff time toward analysis of the impact of the winter storm, the City will be delaying interview requests of DME executive staff on non-emergency issues, until after the Council update on March 23. These staff members are unable to accommodate these requests for all media outlets prior to this date and would like to take this step to prevent the perception of favoritism toward certain media partners. Transparency is a bedrock of our organization and we will continue to respond to information requests, provide short interviews with DME senior staff when available, and give timely and relevant updates to the community and our media partners. The City's Public Information Officer continues to respond to and coordinate media requests throughout the day. Staff contacts: Ryan Adams, Customer Service and Public Affairs and Tony Puente, DME C. Mayoral Approval of Outdoor Gatherings Superseded — With Governor Abbott's newest order (GA-34), the requirement of mayoral approval of certain outdoor gatherings has been rescinded. The newest order makes no mention of such a requirement. The Texas Municipal League confirmed that the governor intended GA- 34 to do away with the requirement that a mayor approve of outdoor gatherings, as provided in previous orders. Staff contact: Rachel Balthrop Mendoza, City Manager's Office D. Education on GA-34 and the Continuing CDC Recommendations — On Wednesday, City staff issued a press release sharing information on Governor Abbott's GA-34 order. It also included information and a quote from Mayor Hudspeth strongly encouraging residents and businesses to continue with health and safety precautions. The press release also communicated that City of Denton facilities and services will continue current COVID-19 precautions. These include certain facilities remaining open by appointment only, requiring face coverings for employees and visitors entering City facilities, and limited programs and services with COVID-19 precautions. This week, staff has updated information on the City's COVID-19 webpage including the continued CDC recommendations to wear a mask that covers your nose and mouth to help protect yourself and others, stay 6 feet apart from others who don't live with 2 you, avoid crowds, avoid poorly ventilated indoor spaces, and wash your hands often with soap and water,or use hand sanitizer if not available.In addition, staff has created three versions of a sign that businesses or other establishments may use if they choose to require face coverings in their individual businesses or establishments. This will be shared with the Chamber of Commerce, Denton Main Street Association (DMSA), and other businesses. The signs can be found on the COVID-19 Business Resources page here: www.cityofdenton.com/en-us/govemment/health-safety/covid-19- information/business-resources and are also attached. Staff contact: Sarah Kuechler, CMO /Ryan Adams, Public Affairs and Customer Service E. Ongoing Suspension of Texas Open Meetings Act Suspensions — A letter from the governor's office from March 2020 provides that the Texas Open Meetings Act (TOMA) suspensions will be "in effect until terminated by the office of the governor, or until the March 13, 2020, disaster declaration is lifted or expires." The governor's staff assured the Texas Municipal League that Governor Abbott intends to continue successively extending his 30-day COVID-19 disaster declaration as it is needed to ensure eligibility for federal assistance, among other things. Coinciding TOMA suspensions should continue for the foreseeable future. Should the Governor independently end the suspensions, it is understood that he will give ample notice of that action. On February 4, the governor's office last extended the disaster declaration (and the TOMA suspensions accordingly) for another 30 days. While they do not replicate the suspensions exactly, several bills have been filed (namely SB 639 and HB 1888) in the Texas Legislature thus far relating to videoconference and teleconferencing for public meetings. Staff will continue to update Council on filed bills and any potential impacts that may require action as they arise. Staff contact: Rachel Balthrop Mendoza, City Manager's Office F. New City-Related Bills Filed — During the current session of the Texas Legislature, the Texas Municipal League provides its member cities with summaries of all city- related bills that have been filed. The attached bill list represents bill summaries of city-related bills filed in the last week. Staff is actively reviewing these proposed bills to evaluate their potential impact and develop strategies 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. Staff contact: Ryan Adams, Customer Service and Public Affairs G. Eviction Prevention Update—On Tuesday, March 2, Denton County Commissioner's Court approved the provision of Emergency Rental Assistance funding through a continuation of the Eviction Prevention programming that United Way of Denton County(UWDC) facilitated over the course of the COVID-19 pandemic from March 2020 to January 2021. Their network of eviction prevention agencies across Denton County are currently in the process of signing and returning memoranda of understanding to their staff, and eviction prevention case managers and specialists will begin submitting applications for rental and utility aid soon. 3 If community members are in need of rental or utility aid, or a landlord is seeking help with unpaid rents, please send them to complete the Tenant or Landlord screening webforms at www.UnitedWayDenton.org/Eviction-Prevention. Staff contact: Sarah Kuechler, City Manager's Office H. Doing Business with Local Government Workshop —On March 18, 2021, staff from Economic Development and Procurement and Compliance will participate as panelists in an online workshop about doing business with local governments and state agencies hosted by the Denton Black Chamber of Commerce. This free, two-hour workshop will cover vendor registration, the procurement process, contracts, and available resources. Preregistration is required, please visit http:/ibit.ly/dentonsmallbiz to register. A flyer with additional details is attached. Staff Contact: Kay Patrick, Economic Development and Doritha Cunningham, Procurement and Compliance I. Finance Investment Policy Certification — The Finance Department's Investment Policy 403.06 was awarded the Certificate of Distinction letter (attached) from the Government Treasurers of Texas (GTOT) organization. GTOT permits governmental entities to biennially submit investment policies to its Policy Review Committee. The GTOT committee awards an estimated 35 distinction letters annually, which the City has received seven times since 1999. The organization's policy certification program reviews the below criteria pertinent to meet the Public Funds Investment Act's standards and requirements. • Policy Statement • Scope • General Objectives • Prudent Person Rule • Capability of Investment Management • Ethics Disclosure & Conflict of Interest Staff contact: Randee Klingele, Finance J. Environmentally Sensitive Primer — The Denton Development Code directs development to consult an Environmentally Sensitive Areas (ESAs) Criteria Manual for more information on how to preserve and protect ESAs within the city. In 2019 staff prepared a document, which was subsequently reviewed and discussed at the Committee on the Environment, presented at developer's forums, and the draft was published for public comments. Comments were incorporated and the final document published to the city's website at https://www.cityofdenton.com/en- us/business/commercial-services/business-watershed-protection/environmentally- sensitive-areas. Among the suggestions received was changing of the name from a criteria manual to a primer due to the guidance nature of the document. Links to this webpage will be provided from the Land Development webpage, as well as other strategic website locations. Staff Contact: Deborah Viera, Environmental Services K. North Lakes Recreation Center Roof—North Lakes Recreation Center will have a roof replacement beginning Monday,March 8, as part of regularly scheduled maintenance. The roofing project will impact classes and programs for three to five weeks. Staff will announce the relocation and rescheduling of programming later. Staff contact: Alicia McDaniel, Parks and Recreation 4 L. Senior Center Activities—Parks and Recreation staff continue to offer various virtual activities for Seniors. Current offerings include daily exercise videos posted on the Senior Center's Facebook page and in-person classes at North Lakes Recreation Center. The Senior Center staff host weekly activities such as a drive-up-pick-up on Monday where Seniors may receive their choice of books, puzzles, and craft kits, Tuesday Tea discussions, and Friday Bingo via Zoom. Additionally, Senior Center staff and volunteers operate a chat phone line on Mondays and Thursdays, where Seniors can call in just to talk. Senior Center staff continue to make well-check calls to members. Other departmental offerings include Pickleball at North Lakes Rec Center, Keep Denton Beautiful volunteer workdays, Bowling Green Community Garden plots, and the golf driving range. Staff released the Denton Senior Magazine via email and social media on Saturday, February 27. This week, the magazine reached 41,196 people through social media. The magazine was emailed to 5,116 addresses with a 34 percent open rate compared to the 16 percent industry average. Most are reading the magazine on a tablet/iPad. Public Affairs is currently redesigning the publication for print and will distribute by mail to all 50+ households in Denton. A PDF of the magazine is attached. It is available online here. At the request of the Senior Center Advisory Council members, staff shares weekly updates related to departmental initiatives and City Council and Park Board meeting reminders. Additional information related to access and involvement in all public meetings has been shared via the City's website. Staff contact: Megan Thomas, Parks and Recreation M. St. Patrick's Day — For the first time, Parks and Recreation is offering a free St. Patrick's Day event that encourages families to get outside and explore the parks. Treasure chests will be hidden in different parks each day from March 10-17. These treasure chests will have instructions and trinkets that must be taken to North Lakes Rec Center and redeemed for a basket of goodies(including a Yeti). There will be two to three treasure boxes hidden each day. Staff will post maps and daily clues on Denton Parks & Rec's Facebook page, www.facebook.com/dentonparksnrec. Staff contact: Jennifer Eusse, Parks and Recreation N. Easter E sg� t ravaganza—Parks and Recreation is excited to offer a variety of services for residents to celebrate Easter safely this year. In lieu of the annual Easter Eggstravaganza,which entailed a festival and free egg hunt,PARD will offer residents an opportunity to register for deliveries of Easter-themed yard signs and filled Easter baskets for children. Deliveries will begin Monday, March 29, and continue through Friday, April 2. Pricing for the yard card and basket combination is $20. Parents can opt to pick up Easter baskets for $10 at North Lakes Recreation Center between Monday, March 29, through Friday, April 2. PARD is also offering Zoom bunny calls on Saturday, March 27, and Sunday, March 28, for families who are not quite ready to leave the house. 5 Lastly,PARD will offer free bunny visits in various parks between Monday,March 29 through Friday, April 2, from 4 p.m. to 5 p.m. each day. The bunny will be stationary, and children will remain six feet from the bunny. We will offer free bunny inflated balloons and candy-filled eggs for children in the park during these visits. Staff contact: Jennifer Eusse O. Electrical Work in Quakertown Park — On March 3, C&G Electrical began work to supply electricity to the new restroom in Quakertown Park. During the installation process, park users can expect an interruption of electricity for up to three weeks due to the scale of work. Interruptions in electricity include outdoor electrical outlets and lighting within the park. Please see the attached map for more information. Staff contact: Craig Arrington, Parks and Recreation P. PLAY in the Park Springy—In place of standard Spring Break camps, Parks and Recreation is offering a free outdoor, family program called PLAY in the Park. Staff will go to different parks around Denton and have socially distanced activities for all the kiddos to enjoy. These are all come-and-go times. See below for our full list of parks, times, and events! The schedule is below. Staff contact: Gary Packan, Parks and Recreation Monday,March 8 10 a.m.-noon I Inflatable Games at Quakertown 3-5 p.m. I Inflatable Games at Quakertown Park Tuesday, March 9 10 a.m.-noon I Counselor Scavenger Hunt at South Lakes Park 3-5 p.m. I Field Day at North Lakes Park Wednesday,March 10 10 a.m.-noon I Field Day at Mack Park 3-5 p.m. I Counselor Scavenger Hunt at Mack Park Thursday, March 11 10 a.m.-noon I Obstacle Course at MLK Jr. Park 3-5 p.m. I Crafts at Fred Moore Park Friday, March 12 10 a.m.-noon] Crafts at North Lakes Park 5-7 p.m. I Glow Dance Party at South Lakes Park Monday,March 15 10 a.m.-noon I Obstacle Course at Mack Park 3-5 p.m. I Denton Spider-Man at MLK Jr. Park Q. Status of Aquatics Summer Hiring—Mayor Hudspeth asked Parks and Recreation for an update on summer hiring for aquatics. The Aquatics Division posted job announcements for seasonal positions for the Summer 2021 season in January. Human Resources posts the jobs on the City's website, Denton Record-Chronicle, GovernmentJobs.com, SimplyHired.com, Indeed.com, and the local college job boards. 6 There are currently 40 active seasonal employees hired as of February 25. Approximately 300 employees are needed to staff all normal summer aquatics operations fully. The average return rate for summer seasonal staff is between 40 to 60 percent. However, many former seasonal staff sought other employment with the closure of the pools for the 2020 season due to COVID-19.Therefore,the rate of return is expected to be much lower this year. Aquatics staff are working on a social media campaign to increase awareness of the positions and encourage more applicants. Staff also reached out to Denton ISD water polo and swim teams to recruit applicants. Additionally, the Natatorium offers in- house lifeguard certification courses and use these classes as a recruitment source. Registration for these training classes has been consistent with pre-COVID years. COVID had decreased the current number of applicants. However, staff expects to see an increase during DISD and college spring breaks and is optimistic the pools can be fully staffed. Staff contact: John Whitmore, Parks and Recreation R. Homes Built in ETJ — On February 1, Council Member Armintor requested information on the number of new homes that have been built in the past 5 years within the City's ETJ. There have been 257 new homes permitted in the ETJ since 2016 (174 single family, 82 manufactured homes, and 1 four-plex) built in 70 different subdivisions. There were 6 new homes built that were not part of a subdivision but under a non-annexation agreement. Staff contact: Charlie Rosendahl, Development Services S. Vehicle Noise Enforcement—On March 2, Council Members received an email from a resident regarding the enforcement of vehicle noise complaints. Earlier that day, the resident called Denton Public Safety Communications to report passing vehicles playing loud music with bass on South Bradshaw Street. After 10 minutes in the area, the responding officer was unable to locate any offending vehicles and spoke with the resident about his concerns. A review of call data since January 1, 2020, shows Denton Public Safety Communications has received approximately 242 noise complaint calls on South Bradshaw Street, all from either the resident or an anonymous male caller. No other callers have reported noise complaints on this street within this timeframe. Since February 1, 2021, officers have been dispatched to 10 noise complaint calls from the resident, and no offending vehicles were located. Several officers, including police department leadership, have remained in the area after a call and heard no loud bass. Directed patrols of the area also have not resulted in officers locating offending vehicles. Staff also received numerous Engage Denton requests and comments from the resident about this issue. Because the platform is not monitored 24/7, staff requested the resident call the non-emergency line for in-progress service requests of this nature so an officer can be dispatched. When received, vehicle description information is provided to the Police Department. Denton PD will continue to respond to noise complaints and search for offending vehicles as calls are received. When a vehicle is located, officers will counsel or issue a citation on a case-by-case basis. Additionally, Community Resource Officer Tony Cunningham is initiating community outreach to promote good neighbor practices, such as respectful volumes when traveling through a neighborhood. Staff contact: Frank Dixon, Police T. Hickory Creek and Ryan Road Project Schedules -During the March 2 City Council meeting, Council Member Ryan requested information on the timing of the Hickory Creek Road Phase 2 Project with the Ryan Road Widening Project. • Hickory Creek: The Hickory Creek Road Phase 2 Project is a 1.3-mile roadway widening project that extends from Teasley Lane (FM-2181) to Riverpass Drive. Construction began in the first quarter of calendar year 2020 and is scheduled to be complete by the first quarter of 2022. • Ryan Road: The Ryan Road Reconstruction Project will widen the 2-mile stretch of Ryan Road from Teasley Lane (FM-2181) to Country Club Road (FM-1830). The City Council approved a contract to develop the 30% design documents for Ryan Road at the February 23 City Council meeting. As a companion effort, staff is working with a consultant to develop solicitation documents to deliver this project using the construction manager at risk project delivery methodology. The 30% design documents and solicitation for a construction manager at risk should be ready for advertisement by the third quarter of 2021. Staff intends to select a construction manager at risk for the Ryan Road project by the end of calendar year 2021 and will finalize the project design after their selection. Construction on the Ryan Road Reconstruction Project will not begin until late calendar year 2022, several months after the Hickory Creek Road Phase 2 Project is scheduled to be completed. Below is a map outlining the extents of the Hickory Creek Road Phase 2 and Ryan Road Reconstruction Project. Staff contact: Dustin Draper, Trevor Crain, and Rachel Wood, Capital Projects 8 o`e on Ryan Road Widening and Hickory Creek Road Phase 2 Project Extents GREENBEND z SPINNAKERS SP�t ��� BEECHWOOD S EL-PAtEO MN WESLAVAN -w CW HO� GHM g HILCROFT� RAI'1 � Q-BISSONET OO y > � m SANDERS !/pQYSEVILLE WESTHEIMER Y WELLIN�S \ rc V FONOREN �— z m ROYAL-OAKS ;9pq ,NNEE�� Y U m � I Ryan•Road•Widening C y a y�jW o O p r Er a 3 .17.�FOX _ a JP -� °�- ILDWOOQ' ayROBIN Ny— H2 a aa THEW w—F z x wj-GRASS _I W FALLBROOK �_Z LL a V o ¢ 6 dRE EN IVY OAKBLUFF� Y s m p t-m U y � gLQ GREEKDALE -CREEKDALE W- DES L-IM g d t—BELMONT-PARK—D z m-PRESCOT-T-DOWNS p v 0 1 G m m 0-FAIRMOUNTPARK^ PAS DDOCK-Z n PRNATE � I L� A w PALO�VERDE a I m y NOWLIN- p0� m�VAL-VERDE j > JORDAN -VISTAIERDE- —� I SADDLE m DAWN LIGHT �BUENA-VISTAT RUSHCR J BE 1K p Hickory•Creek-Road•Phase 2 —MARBLE-COVE— m J WHITiDOVE� r p _ 2 w� WINDHAVEN ' OCEAN p w o w z m ��ILIGHr OUSE a2 o �_9 G ACORN z U = MONTECITO U. Morse Street Expansion- On March 2, City Council asked for clarification regarding the Morse Street Improvement project during the Capital Projects Update work session presentation. The original intent of this project was for design, right-of-way acquisition, and construction in the amount of $2,900,000 to fully convert this roadway to a four-lane divided secondary arterial street. Currently, the segment of Morse Street between Loop 288 and Kimberly Drive is a four-lane divided roadway and the original project intended to widen the segment of Morse Street between Kimberly Drive and Mayhill Road from an existing three-lane segment to a four-lane segment. In May 2018, Council approved the transfer of$250,000 from the FM-1830 and US 377 projects and$220,000 in aggregate of other capital improvement projects into the Morse Street Expansion project, raising the Morse Street Expansion funding total to $3,370,000. Subsequently, the scope of the project has changed and will now maintain the existing street width along Morse Street between Kimberly Drive and Mayhill Road and reduce/reconstruct the existing four-lane segment to a three-lane roadway between Loop 288 and Kimberly Drive for a total of$600,000. Since the Morse Street project scope changed, staff recommended a reallocation of funding to a project that was moving to construction and would be completed faster than the Morse Street project. On July 23, 2020, The Bond Oversight Committee approved the reallocation of $2,600,000 in funding from the Morse Street Expansion Project to the Hickory Street from Welch to Carroll Project. Staff is currently in the process of refining the scope for this project and evaluating funding options. On February 11, 2021 the Project Manager met with Design Engineering Firm, Burgess &Niple to discuss possible cost saving re-scoping measures. A subsequent meeting with Streets and Capital Projects 9 Leadership is scheduled for March 12 to review these options and determine a plan forward. Staff contacts: Robin Davis, Capital Projects and Casey Ogden, Finance V. City Sponsorship Information — On March 4, Council Member Meltzer requested information about the City's Sponsorship Program. The Community Partnership Committee (CPC) oversees two programs for the City: 1) Hotel Occupancy Tax and 2) Sponsorships. Current FY2020-21 is completed and closed. The CPC will have its first meeting March 18, 2021 and approve 2022 applications for distribution in April. Both program 2022 applications will be distributed by email and posted to the City's website once approved by the CPC. Applicants will have three weeks to submit applications before the May deadline. Applicants will be applying for funds available for FY2021-22. The estimated programs timeline is illustrated below. Staff contact: Randee Klingele, Finance Month Action March Appoint chair&set meeting schedule April Approve 2022 program guidelines and applications Distribute and post 2022 guidelines and applications May Application submissions closed June Review, discuss and make budget recommendations August Recommended budget presented to Council Recipient notifications November Contracts to Council III. Upcoming Community Events and Meetings A. None IV. Attachments A. Mask Required Signs........................................................................................I I B. New Bill List Posting for March 5 ....................................................................14 C. Doing Business with Local Government Flyer..................................................59 D. GTOT Policy Distinction Letter........................................................................60 E. Denton Senior Magazine ..................................................................................68 F. Quakertown Park..............................................................................................69 V. Informal Staff Reports A. 2021-013 Hickory Creek Interceptor Archeological Findings............................70 B. 2021-014 Criminal Trespass.............................................................................75 C. 2021-015 Domestic Violence............................................................................83 D. 2021-016 HRV and Stoke Annual Report.........................................................88 VI. Council Information A. Council Requests for Information ....................................................................99 B. Council Calendar ........................................................................................... 101 C. Draft Agenda for March 16............................................................................. 104 D. Future Work Session Items ............................................................................ 114 E. Street Construction Report ............................................................................. 115 10 Resting Mask Face Masks ' low Requir 1 # DentonStrong You Must WearAM Sk To Enter We ' re requiring masks while in our store . Thank you for wearing yours . # DentonStrong COVER THAT FACE KEEP YOUR SPACE ot Over Yet # DENTONSTRONG CITY-RELATED BILLS FILED (POSTED 3/5) (Editor's Note: You will find all of this session's city-related bill summaries online at https://www.tml.org/319/Legislative-Information.) PROPERTY TAX H.B. 2212 (Munoz)—Appraisal District: would, among other things,provide that: (1) an appraisal district is governed by a board of five directors; (2) one director is elected from each of the four commissioners precincts of the county for which the appraisal district is established; (3) the county assessor-collector is a director by virtue of the person's office; (4) if the county assessor-collector is ineligible to serve pursuant to a contract, the appraisal district is governed by the four directors elected from the commissioners precincts and a director elected from the county at large; and(5)the directors other than the county assessor-collector are elected at the general election for state and county officers and serve two-year terms beginning on January 1 of odd-numbered years. H.B. 2288 (White)—Property Tax Appraisal: would repeal the additional property taxes imposed as a result of the sale or change in the use of land appraised as agricultural or open- space land. (See H.J.R. 106,below.) H.B. 2311 (Krause)—Appraisal Cap: would: (1)would reduce the property tax appraisal cap on residence homesteads from ten to five percent; and(2) impose a ten percent appraisal cap on the appraised value of a single-family residence other than a residence homestead. (See H.J.R. 108,below.) H.B. 2342 (Zwiener)—Property Tax Installment Payments: would authorize an individual to pay a taxing unit's property taxes imposed on the individual's residence homestead in four equal installments. H.B. 2403 (Krause)—Appraisal District: would provide that, for an appraisal district established in a county with a population of 120,000 or more, the governing body of each taxing unit entitled to cast at least five percent of the total votes must determine its vote on members of the appraisal district board of directors by resolution adopted at the first or second open meeting of the governing body that is held after the date the chief appraiser delivers the ballot to the presiding officer of the governing body, and that the governing body must submit its vote to the chief appraiser not later than the third day following the date the resolution is adopted. H.B. 2413 (Shine)—Property Tax Appraisal: would, among other things, authorize a property owner to bring suit to compel an appraisal district, chief appraiser, or appraisal review board to comply with a procedural requirement applicable to a property tax protest. (Companion bill is S.B. 449 by Hancock.) H.B. 2425 (Murr)—Property Tax Appraisal: would make land subject to certain predation management activities eligible for appraisal as qualified open-space land for property tax purposes on the basis of its use for wildlife management. 14 H.B. 2429 (Meyer)—Property Tax Rate Notice: would, for a city with a population of less than 30,000 that is not required to hold a tax rate election and for which the qualified voters may not petition to hold an election, establish alternate provisions for notice of the property tax rate when the de minimis tax rate of the city exceeds the voter-approval tax rate. H.B. 2489 (Cook)—Property Tax Appraisal: would provide that if the appraised value of a residence homestead is lowered as a result of an agreement between the property owner and the appraisal district or as a result of a protest or appeal, the chief appraiser may not increase the appraised value of the property in any of the three tax years following the tax year in which the appraised value is lowered to an amount that exceeds the lesser of: (1) the market value of the property for the tax year; or(2)the sum of. (a) the appraised value of the property for the tax year in which the value is lowered; and(b) the market value of each new improvement made to the property in any of those three tax years, as determined for the tax year in which the improvement is made. H.B. 2535 (Sanford)—Property Tax Appraisal: would provide that, in determining the market value of real property, the chief appraiser shall analyze the effect of that value on, and exclude from that value the value of, any improvements used for the noncommercial production of food for personal consumption. H.J.R 106 (White)—Property Tax Appraisal: would amend the Texas Constitution to repeal the provision that subjects land designated for agricultural use to an additional tax when the land is diverted to a purpose other than agricultural use or sold. (See H.B. 2288, above.) H.J.R. 108 (Krause)—Appraisal Cap: would amend the Texas Constitution to authorize the legislature to: (1) reduce the property tax appraisal cap on residence homesteads from ten to five percent; and(2) impose a ten percent appraisal cap on the appraised value of a single-family residence other than a residence homestead. (See H.B. 2311, above.) S.B. 742 (Birdwell)—Installment Payments in Disaster Area: would provide that, for a property in a disaster area that has not been damaged as a result of a disaster, the governing body of a taxing unit may authorize a person to pay the taxing unit's property taxes in four equal installments without penalty or interest if the first installment is paid before the delinquency date and is accompanied by notice to the taxing unit that the person will pay the remaining taxes in three equal installments. S.B. 794 (Campbell)—Disabled Veteran Property Tax Exemption: would modify the eligibility for a homestead property tax exemption for a totally disabled veteran to a disabled veteran who "has been awarded by"the United States Department of Veterans Affairs 100 percent disability compensation, instead of a disabled veteran who "receives from"the United States Department of Veterans Affairs 100 percent disability compensation. S.B. 887 (Eckhardt)—Homestead Exemption: would: (1) authorize the governing body of a taxing unit, in the manner provided by law for official action by the body, to adopt a local option property tax exemption of either a percentage or a portion, expressed as a dollar amount, of the 15 appraised value of an individual's homestead, but not both; and(2)provide that if the governing body adopts a local option homestead exemption of a dollar amount of the appraised value of a residence homestead, the amount of the exemption in a tax year may not be less than $5,000. (See S.J.R. 42, below.) S.J.R. 42 (Eckhardt)—Homestead Exemption: would amend the Texas Constitution to authorize the governing body of a political subdivision to exempt from property taxes a portion, expressed as a dollar amount not less than $5,000, of the market value of the residence homestead of a married or unmarried adult, including one living alone. (See S.B. 887, above.) PUBLIC SAFETY H.B. 9 (Klick)—Obstructing Highway: would provide that it is a state jail felony if, in committing the offense of obstructing a highway or other passageway, the actor knowingly: (1) prevents the passage of an authorized emergency vehicle that is operating the vehicle's emergency audible or visual signals; or(2) obstructs access to a hospital or other health care facility that provides emergency medical care. H.B. 2105 (Dutton)—Firearms: would provide that a person commits a criminal offense if the person is carrying a partially or wholly visible firearm other than a handgun and the person intentionally: (1) refuses to give the person's name, address, or date of birth to a peace officer who requests the information; or(2) gives a false or fictitious name, address, or date of birth to a peace officer who has requested the information. H.B. 2106 (Perez)—Credit Card Fraud: would, among other things: (1)provide that a law enforcement agency or the financial crimes intelligence center may disclose information regarding the discovery of a credit card skimmer—which would otherwise be confidential—to the public if the law enforcement agency or the chief intelligence coordinator for the center determines that the disclosure of the information furthers a law enforcement purpose; (2)remove the provision from law that allows law enforcement agencies or other governmental agencies designated by the attorney general to collaborate with the attorney general to establish a payment fraud fusion center; (3)provide that the Department of Public Safety may enter into agreements with law enforcement agencies or other governmental agencies for the operation of the financial crimes intelligence center; (4)provide that information a law enforcement agency or other governmental agency collects and maintains under an agreement entered into with DPS in (3) is the intellectual property of the center and on termination of the agreement, the contracting agency shall transfer the information to DPS in accordance with the terms of the agreement; and (5)provide that the center may, among other things,provide training and educational opportunities to law enforcement. H.B. 2143 (Rodriguez)—Sporting Rifle: would allow a city with a population of 600,000 or more to regulate the carrying of a partially or wholly visible modern sporting rifle on or about a person in a public place. 16 H.B. 2150 (Allison)—Obstructing a Highway: would increase the criminal penalty for obstructing a highway or other passageway from a Class B misdemeanor to a felony of the third degree. H.B. 2154 (Dutton) - Training: would create the officer training advisory committee to conduct a study of the Texas Commission on Law Enforcement's training programs that are established and maintained for individuals seeking to be peace officers, county jailers, school marshals, public security officers, and telecommunicators. H.B. 2170 (Raymond)—Autopsy Reimbursement: would, among other things, provide that the head of a law enforcement agency may use any portion of the gross amount credited to the agency's special fund from money received under the felony forfeiture process to reimburse a county commissioners court for the reasonable costs of transporting a body for the purpose of an autopsy. H.B. 2232 (Bucy)—Alcohol Sales: would authorize: (1) a local option election to be held on the proposition of whether to prohibit or legalize the sale of liquor for off-premise consumption on Sunday; and(2) in an area where the sale on Sunday of liquor for off-premises consumption has been approved by local option election: (a)the holder of a package store permit to sell, offer for sale, or deliver liquor on Sunday between 10 a.m. and 9 p.m.; (b)the holder of a wholesaler's permit to sell, offer for sale, or deliver liquor to a retailer anytime on Sunday; and (c) the holder of a local distributor's permit to sell, offer for sale, or deliver liquor to a retailer on Sunday between 5 a.m. and 9 p.m. H.B. 2233 (Ramos)—Cite and Release Policies: would, among other things,provide that: (1) the Bill Blackwood Law Enforcement Management Institute of Texas and the Caruth Police Institute shall, in consultation with other appropriate entities, including law enforcement agencies,jointly develop, adopt, and disseminate to law enforcement agencies a model policy and associated training materials regarding the issuance of citations in lieu of arrest for misdemeanors; (2) each law enforcement agency shall adopt, implement, and as necessary amend a detailed written policy regarding the issuance of citations in lieu of arrest for misdemeanors, provided that such policy meets the applicable requirements of the model policy; and(3) not later than September 1 of each even-numbered year, each law enforcement agency shall review its adopted policy and modify the policy as appropriate. H.B. 2302 (White)—False Statement Offense: would provide that: (1) a peace officer commits an offense if the officer files a report with the law enforcement agency employing the officer regarding the commission or investigation of an offense and intentionally or knowingly makes a false statement in the report; and(2) an offense described in(1), above, is a Class A misdemeanor, except it is not an offense if the peace officer attributes the false statement to another person in the report. H.B. 2334 (Crockett)—Crowd Control: would provide that: (1) a peace officer may not use a less lethal device, including a less lethal chemical device or a less lethal projectile as a means to: (a) control the activity or movement of a nonviolent gathering of persons; or(b) disperse persons 17 engaging in speech or expressive conduct protected by the United States Constitution or Texas Constitution; and (2) each law enforcement agency in this state shall adopt a policy that prohibits a peace officer employed by the agency from using less lethal devices for a purpose prohibited under(1), above. H.B. 2353 (Neave)—Evidence of Sexual Assault: would require a law enforcement agency that fails to submit evidence it receives of a sexual assault or other sex offense to a public accredited crime laboratory for analysis within 30 days to provide to the Department of Public Safety written documentation of the failure, including a detailed explanation for the failure. H.B. 2358 (Reynolds)—False Statement Offense: would provide that, if it is shown on the trial of an offense of making a false statement to a law enforcement officer that the false statement consisted of an allegation that another person engaged in conduct violating the Penal Code, the offense is the greater of. (1) the category of offense of the most serious offense falsely reported; or (2) a Class A misdemeanor. H.B. 2362 (Harris)—Law Enforcement Funding: would: 1. characterize a "defunding local government" as a city or county: (a)that adopts a budget for a fiscal year that, in comparison to the local government's preceding fiscal year, reduces: (i)the appropriation to the local government's law enforcement agency; (ii)the number of peace officers the local government's law enforcement agency is authorized to employ; (iii)funding for peace officer overtime compensation for the local government's law enforcement agency; or(iv)funding for the recruitment and training of new peace officers to fill each vacant peace officer position in the local government's law enforcement agency; and (b)for which the criminal justice division of the governor's office issues a written determination finding that the local government has taken an action described by(a), above; 2. provide that in making a determination of whether a local government is a "defunding local government" according to the budget adopted for the first fiscal year beginning on or after September 1, 2021,the criminal justice division of the governor's office shall compare the funding and personnel in that budget to the funding and personnel in the budget of the preceding fiscal year or the second preceding fiscal year,whichever is greater; 3. provide that a local government is considered a defunding local government until the criminal justice division of the governor's office issues a written determination finding that the local government has reversed the inflation-adjusted reductions described in Number 1(a), above; 4. require the criminal justice division of the governor's office to: (a) compute the inflation rate used to make determinations under Number 3, above, each fiscal year using a price index that accurately reports changes in the purchasing power of the dollar for local governments in this state; and (b) publish the inflation rate in the Texas Register; 5. prohibit a defunding local government's total expenditures from all available sources of revenue in a fiscal year from exceeding the local government's total expenditures from all available sources of revenue in the fiscal year immediately preceding the fiscal year during which the criminal justice division of the governor's office issued the written determination declaring the local government to be a defunding local government; 18 6. provide that a local government is no longer considered to be a defunding local government when the criminal justice division of the governor's office issues a written determination finding that the local government has reversed the reductions described by Number 1(a), above; and 7. provide that revenue received from the issuance of bonds approved by voters or from a grant, donation, or gift is not considered an available source of revenue for purposes of the expenditure limitation in Number 5, above. H.B. 2366 (Buckley)—Penal Offenses: would provide, among other things, that: (1) the offense of directing a light from a laser pointer to a uniformed safety officer, including a peace officer, security guard, firefighter, emergency medical service worker, or other uniformed municipal, state, or federal officer is enhanced to: (a) a felony of the third degree if the conduct causes bodily injury to the officer; or(b) felony of the first degree if the conduct causes serious bodily injury to the officer; and(2) a person commits an offense if the person explodes or ignites fireworks with the intent to: (a) interfere with the lawful performance of an official duty by a law enforcement officer; or(b) flee from a person the actor knows is a law enforcement officer attempting to lawfully arrest or detain the actor. H.B. 2402 (Price)—Local Taxes and Fees on Firearms: would, among other things, prohibit a city from imposing a tax, assessment, fee, or other charge, including an application, license, or registration fee, on a sale of or an authorization to obtain or possess ammunition, firearms, or firearm supplies other than a tax, assessment, fee, or other charge specifically authorized by state law in effect on January 1, 2021. H.B. 2419 (Shaheen)—Rioting: would provide that: (1) the punishment for certain offenses related to assault, arson, criminal mischief, criminal trespass,robbery,burglary, and theft, is increased to the punishment prescribed for the next higher category of offense if it is shown on the trial of the offense that at the time of the offense the actor was participating in a riot, and(2) if the offense described in (1), above, is punishable: (a) as a Class A misdemeanor, the minimum term of confinement for the offense is increased to 180 days; and(b) as a felony of the first degree, the punishment of that offense may not be increased. H.B. 2437 (Davis)—Peace Officers' Oath: would provide that the Texas Commission on Law Enforcement (TCOLE) shall require each person who passes the required examination for the issuance of a license as a peace officer or reserve law enforcement officer to sign and submit to TCOLE a specific oath of office. H.B. 2438 (Meyer)—Law Enforcement Funding: would: 1. characterize a "defunding local government" as a city or county: (a)that adopts a budget for a fiscal year that, in comparison to the local government's preceding fiscal year, reduces: (i)the appropriation to the local government's law enforcement agency; (ii)the number of peace officers the local government's law enforcement agency is authorized to employ; (iii)funding for peace officer overtime compensation for the local government's law enforcement agency; or(iv)funding for the recruitment and training of new peace officers to fill each vacant peace officer position in the local government's law enforcement agency; and (b)for which the criminal justice division of the governor's office issues a written determination finding that the local government has taken an action described by(a), above; 19 2. provide that in making a determination of whether a local government is a "defunding local government" according to the budget adopted for the first fiscal year beginning on or after September 1, 2021,the criminal justice division of the governor's office shall compare the funding and personnel in that budget to the funding and personnel in the budget of the preceding fiscal year or the second preceding fiscal year,whichever is greater; 3. provide that a local government is considered a defunding local government until the criminal justice division of the governor's office issues a written determination finding that the local government has reversed the inflation-adjusted reductions described in Number 1(a), above; 4. require the criminal justice division of the governor's office to: (a) compute the inflation rate used to make determinations under Number 3, above, each fiscal year using a price index that accurately reports changes in the purchasing power of the dollar for local governments in this state; and (b) publish the inflation rate in the Texas Register; S. prohibit the governing body of a defunding local government from adopting a property tax rate for the current tax year that exceeds the lesser of the city's no-new-revenue tax rate or voter-approval tax rate for that tax year; 6. provide that, in a tax year in which a city is considered to be a defunding taxing unit,the difference between the city's actual tax rate and voter-approval tax rate for purposes of calculating the city's unused increment rate is considered to be zero; and 7. provide that a local government is no longer considered to be a defunding local government when the criminal justice division of the governor's office issues a written determination finding that the local government has reversed the reductions described by Number 1(a), above. H.B. 2452 (Campos)—Prohibited Motor Vehicle Stops: would provide that each law enforcement agency shall adopt a policy prohibiting a peace officer of the agency from making a motor vehicle stop on the shoulder of a controlled access highway. H.B. 2462 (Neave)—Forensic Medical Examinations: would provide that: (1) if a sexual assault is reported to a law enforcement agency within 120 hours after the assault, the law enforcement agency, with the consent of the victim of the reported assault, a person authorized to act on behalf of the victim, or an employee of the Department of Family and Protective Services, shall request a forensic medical examination of the victim for use in the investigation or prosecution of the offense; (2) if a sexual assault is not reported within the period described by (1), above, on receiving the consent described by (1), above, a law enforcement agency may request a forensic medical examination of a victim of a reported sexual assault for use in the investigation or prosecution of the offense if. (a)based on the circumstances of the reported assault, the agency believes a forensic medical examination would further that investigation or prosecution; or (b) after a medical evaluation by a physician, sexual assault examiner, or sexual assault nurse examiner, the physician or examiner notifies the agency that a forensic medical examination should be conducted; and(3) if a sexual assault is reported to a law enforcement agency as provided by (1) or (2), above, the law enforcement agency shall: (a) document, in the form and manner required by the attorney general, whether the agency requested a forensic medical examination; (b)provide the documentation of the agency's decision regarding a request for a forensic medical examination to: (i) the health care facility and the physician, sexual assault examiner, or sexual assault nurse examiner, as applicable, who provides services to the victim that are related to the sexual assault; and(ii) the victim or the person who consented to the 20 forensic medical examination on behalf of the victim; and(c) maintain the documentation of the agency's decision in accordance with the agency's record retention policies. H.B. 2464 (Neave)—Grant Funding: would provide that the failure to comply with the requirements of collection,preservation, and tracking of evidence of a sex offense, including the analysis of evidence of sexual assault or other sex offenses, may be used to determine eligibility for receiving grant funds from the Texas Department of Public Safety, the office of the governor, or another state agency. H.B. 2496 (Buckley)—Firefighters: would authorize the issuance of specialty license plates for certain volunteer firefighters and fire protection personnel, and provide that part of the fee for issuance of the plates be used only by the Texas Commission on Fire Protection to make grants to an organization of professional firefighters located in Texas that provides emergency relief and scholarship funds to professional firefighters and their dependents. H.B. 2517 (Meza)—Suicide Prevention in Jails: would provide, among other things, that the Commission on Jail Standards (Commission) shall require each municipal jail or lockup to: (1) provide two hours of training to each jailer or person responsible for the supervision of a person confined in the jail or lockup on the procedures for identifying, documenting, and handling a person who is potentially suicidal or has a mental health condition; (2) conduct and document mental health screenings during the intake process; (3) house in a cell with cameras any person that is identified as potentially suicidal or who discloses a previous diagnosis for a mental health condition; (4) regularly check on each person described by (3), above; and(5) report to the Commission, in the manner prescribed by the Commission, any incident involving the suicide or attempted suicide of a person confined in the jail or lockup not later than 48 hours after the incident. S.B. 737 (Birdwell)—First Responders Carrying Handguns: would: (1)require the public safety director of the Department of Public Safety to establish a handgun training course for first responders who hold a license to carry a handgun; (2)prohibit a governmental entity from adopting a rule or regulation that prohibits a first responder who holds a license to carry a handgun and has completed the course described in (1) from: (a) carrying a concealed or holstered handgun while on duty; or(b) storing a handgun on the premises of or in a vehicle owned or operated by the governmental entity if the gun is properly secured; (3)provide that a first responder may discharge a handgun while on duty only in self-defense; (4)provide that a governmental entity that employs or supervises a first responder is not liable in civil action arising from the discharge of a handgun by a first responder who is licensed to carry a handgun; (5)provide that the discharge of a handgun by a first responder who is licensed to carry a handgun is outside the course and scope of the first responder's duties; and(6)provide that the new law authorizing the discharge of a firearm by a first responder may not be construed to waive, under any law, immunity from suit or liability of a governmental entity that employs or supervises first responders. (Companion bill is H.B. 1069 by Harris.) S.B. 747 (Miles)—Use of Chemical Devices: would require each law enforcement agency to adopt a policy prohibiting a peace officer of the agency from using, against a person younger 21 than 18 years of age, a chemical device that for the purpose of incapacitating or substantially diminishing the capacity of a person causes chemical irritation of the eyes, throat, lungs, or skin. S.B. 748 (Miles)—Radio Communications: would require each law enforcement agency to make radio communications sent by the agency for a law enforcement purpose readily accessible to the general public, except for radio communications sent by designated units in the agency that perform special operations or the gathering and analyzing of information for the purpose of generating intelligence. S.B. 752 (Miles)—Alcoholic Beverage Permit: would provide standing to protest certain alcoholic beverage permit and license applications if a sexually oriented business is to be operated on the premises covered by the permit and a petition is signed by 50 percent of the residents who reside within 1,000 feet of any property line of the affected premises. S.B. 811 (Schwertner)—911 Good Samaritan: would provide: (1) a defense to prosecution for certain drug offenses if the actor: (a) was the first person to request emergency medical assistance in response to the possible overdose of another person and: (i)made the request for medical assistance during an ongoing medical emergency; (ii) remained on the scene until medical assistance arrived; and(iii) cooperated with medical assistance and law enforcement; or (b)was the victim of a possible overdose for which emergency medical assistance was requested by the actor or by another person during an ongoing medical emergency; (2) exceptions to the defense in(1) if. (a) at the time the request for emergency medical assistance was made: (i) a peace officer was in the process of arresting the actor or executing a search warrant describing the actor or the place from which the request for medical assistance was made, or(ii) the actor was committing certain other offenses other than one for which the defense is available; (b) the actor has previously been convicted or placed on deferred adjudication community supervision for certain offenses; or(c) the actor was acquitted in a previous proceeding in which the actor successfully used the defense in (1); and(3) that the defense in (1) does not preclude the admission of evidence obtained by law enforcement resulting from the request for emergency assistance if that evidence pertains to an offense for which the defense in(1) is not available. (Companion bill is H.B. 1694 by Raney.) S.B. 837 (Alvarado)—Licensing Certain Veterans as Peace Officers: would provide that: (1) a political subdivision, including a city, that commissions and employs peace officers may commission and employ as a peace officer a legal permanent resident of the United States who is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge; and(2) the Texas Commission on Law Enforcement(TCOLE) shall issue a peace officer license to a person who is a legal permanent resident of the United States if the person: (a) meets the requirements to obtain a license and TCOLE's rules; and(b) is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge. S.B. 842 (Menendez)—Community-Based Policing: would provide that: (1) as part of the minimum curriculum requirements, the Texas Commission on Law Enforcement shall establish a statewide comprehensive education and training program that includes community-based 22 policing for peace officers and reserve law enforcement officers; (2)the program described in (1), above, shall contain a component in which officers and members of the community the officers serve meet and share their perspectives on issues covered by the training. S.B. 899 (Alvarado)—Missing Persons: would provide, among other things, that: (1) a law enforcement agency on receiving a report of a missing child or missing person shall, not later than the 30-day after receiving the report, enter the name of the child or person into the National Missing and Unidentified Persons System, with all available identifying features and all available information describing any person reasonably believe to have taken or retained the missing child or missing person; (2) a law enforcement agency or the agency's designee shall, not later than the 10-working day after the date one or more identifying features of the unidentified body are determined and reported to the agency or the 30-day after the date the death is reported to the agency, whichever is earlier, enter all available identifying features of the unidentified body into the National Missing and Unidentified Persons System; and(3) immediately after the return of a missing child or missing person or identification of an unidentified body, the local law enforcement agency having jurisdiction of the investigation shall notify the National Missing and Unidentified Persons System. SALES TAX H.B. 2088 (Julie Johnson)—Street Maintenance Sales Tax: would, in addition to authorizing certain cities that are members of a subregion of a specific transportation authority to adopt the street maintenance sales tax up to a maximum local sales tax rate of 2.25 percent at any location in the city, generally authorize any city to use the street maintenance sales tax to maintain and repair a city: (1) street or sidewalk; or(2)water, wastewater, or stormwater system located in the width of a way of a city street. H.B. 2410 (Dean)—Local Sales Tax Sourcing: would: (1) define "Internet order" as an order placed by a purchaser through a website, software application, or other method using the Internet using a computer or mobile device that does not belong to the seller, and provide that the term does not include an order placed by telephone call, regardless of whether the call is completed using Voice over Internet Protocol or a mobile device; and(2)provide that, for purposes of the local sales and use tax, a sale of a taxable item is consummated at the location in this state to which the item is shipped or delivered or at which possession is taken by the purchaser if the sale is made through an Internet order. H.B. 2510 (Noble)— Sales Tax Exemption: would exempt the sale of an animal by a nonprofit animal welfare organization from sales and use taxes. (Companion bill is S.B. 197 by Nelson.) S.B. 775 (Nichols)—Sales Tax Exemption: would exempt from sales tax a medical billing service. S.B. 778 (Hinojosa)—Sales Tax Reallocations: would authorize a local governmental entity, including a city, to access the comptroller's audit reports and audit working papers in the comptroller's possession filed by not more than five individual taxpayers doing business in the 23 city or local governmental entity that are included and identified by the city or local governmental entity relating to a sales tax reallocation or refund. COMMUNITY AND ECONOMIC DEVELOPMENT H.B. 5 (Ashby)—Broadband Development Office: would, among other things: 1. require the governor's broadband development council to: (a) research the progress of deployment of broadband statewide and the purchase of broadband by residential and commercial customers; and (b) study industry and technology trends in broadband; 2. establish a broadband development office within the comptroller's office; 3. for purposes of the broadband development office, define "broadband service" as internet service with the capability of providing: (a) a download speed of 25 megabits per second or faster; and (b) an upload speed of three megabits per second or faster; 4. authorize the comptroller by rule to adjust the threshold speeds for broadband services defined in Number 3, above, if the Federal Communications Commission adopts upload or download threshold speeds for advanced telecommunications capability that are different from those listed in Number 3, above; 5. require the broadband development office to: (a) serve as a resource for information regarding broadband service in the state; (b) engage in outreach to communities regarding the expansion and adoption of broadband service and the programs administered by the office; and (c) serve as an information clearinghouse in relation to federal programs providing assistance to local entities with respect to broadband service; 6. require the broadband development office to create, update annually, and publish on the comptroller's website a map classifying each designated area in the state as: (a) an eligible area, if fewer than 80 percent of the addresses in the designated area have access to broadband service; or(b) an ineligible area, if 80 percent or more of the addresses in the designated area have access to broadband service; 7. require the map described in Number 6, above,to display: (a)the number of broadband service providers that serve each designated area; (b)for each eligible area, an indication of whether the area has access to Internet service that is not broadband service, regardless of the technology used to provide the service; and (c) each public school in the state and an indication of whether the area has access to broadband service; 8. provide that if information available from the Federal Communications Commission is not sufficient for the broadband development office to create or update the map,the office may request the necessary information from a political subdivision or broadband service provider, and the subdivision or provider may report the information to the office; 9. establish a petition process, under which a political subdivision or broadband service provider may petition the broadband development office to re-designate designated area on the map as an eligible area or ineligible area; 10. require the broadband development office to establish a program to award grants, low-interest loans, and other financial incentives to applicants for the purpose of expanding access to, and adoption of, broadband service in designated areas determined to be eligible areas; 11. require the broadband development office to establish and publish eligibility criteria for award recipients under Number 10, above, limiting grants, loans, and other financial incentives awarded to the 24 program for use on capital expenses, purchase or lease of property, and other expenses, including backhaul and transport that will facilitate the provision or adoption of broadband service; 12. provide that the office may not award a grant, loan, or other financial incentive to a noncommercial provider of broadband service for an eligible area if a commercial provider of broadband service has submitted an application for the eligible area; 13. provide that an award granted under the broadband development program does not affect distributions received by a broadband provider from the state universal service fund; 14. require the broadband development office to prepare, update, and publish on the comptroller's Internet website a state broadband plan that establishes long-term goals for greater access to and the adoption of broadband service in Texas; 15. require the broadband development office, in developing the state broadband plan,to: (a)to the extent possible, collaborate with state agencies, political subdivisions, broadband industry stakeholders and representatives, and community organizations that focus on broadband services; (b) consider the policy recommendations of the governor's broadband development council; (c)favor policies that are technology-neutral and protect all members of the public; and (d) explore state and regional approaches to broadband development; and 16. establish the broadband development account in the state's general revenue fund consisting of: (a) appropriations of money to the account by the legislature; (b) gifts, donations, and grants, including federal grants; and (c) interest earned on the investment of the money in the account. H.B. 1925 (Capriglione)—Camping in Public: would: (1) create a Class C misdemeanor criminal offense for a person who intentionally or knowingly camps in a public place without the consent of the officer or agency having the legal duty or authority to manage the public place; (2) provide that consent given by an officer or agency of a political subdivision is not effective for the purposes of(1), above; (3)provide that the bill does not preempt an ordinance, order, rule, or other regulation adopted by a state agency or political subdivision relating to prohibiting camping in a public place or affect the authority of a state agency or political subdivision to adopt or enforce an ordinance, order, rule, or other regulation relating to prohibiting camping in a public place if the ordinance, order, rule, or other regulation: (a) is compatible with and equal to or more stringent than the offense in(1), above; or(b)relates to an issue not specifically addressed by the bill; (4)provide that a local entity may not adopt or enforce a policy under which the entity prohibits or discourages the enforcement of any public camping ban; (5)provide that, in compliance with (4), a local entity may not prohibit or discourage a peace officer or prosecuting attorney who is employed by or otherwise under the direction or control of the entity from enforcing a public camping ban; (6) provide that the attorney general may bring an action in a district court in Travis County or in a county in which the principal office of the entity is located to enjoin a violation of(4) and may recover reasonable expenses, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs; (7)provide that a local entity may not receive state grant funds for the state fiscal year following the year in which a final judicial determination in an action brought under(6) is made that the entity has intentionally violated(4), above; and(8)provide that a local entity that has not violated(4) may not be denied state grant funds, regardless of whether the entity is a part of another entity that is in violation of(4). H.B. 2076 (Shaheen)—Property Owners' Association: would provide that a city in which a subdivision with a property owners' association is located shall require the association to file 25 with the city a copy of the policy regarding the enforcement of fines assessed by the association, and provide a copy of the policy to an owner of each property in the subdivision. H.B. 2251 (Hernandez)—Community Collaborative Program: would provide that the Texas Department of State Health Services shall require each entity awarded a community collaborative program grant to leverage additional funding or in-kind contributions from private sources or local governmental sources in an amount that is at least equal to the amount of the grant awarded. H.B. 2261 (Wu)—Municipal Management Districts: would authorize a municipal management district to establish an improvement project or provide services related to the construction, acquisition, improvement, relocation, operation, maintenance, or provision of public education facilities. H.B. 2323 (Schofield)—Emergency Services Districts: would require an emergency services district board to remove territory from a district on request of a city, only if the city has secured an alternative emergency service provider for the portions of territory located in the city's extraterritorial jurisdiction. H.B. 2371 (Shaw)—Affordable Housing: would require that: (1)the pre-application and application procedures relating to certain applications for housing funds administered by the Texas Department of Housing and Community Affairs (TDHCA)provide for written notice to any neighborhood organization that is on record with the state or county in which the development described in the application is to be located and that has boundaries containing the proposed development site or has a boundary located not more than one mile from the proposed site; and(2) TDHCA score and rank certain applications using a point system that considers quantifiable community participation with respect to the development, evaluated on the basis of written statements from any neighborhood organization that is on record with the state or county in which the development is to be located and that has boundaries containing the proposed development site or has a boundary located not more than one mile from the proposed site. H.B 2372 (Slaton)—Solar Facility Decommissioning: would, among other things,prohibit: (1) the governing body of a taxing unit from entering into a tax abatement agreement to exempt a portion of the value of real property on which a solar facility is located or is planned to be located during the term of the agreement, or of tangible personal property that is located or is planned to be located on the real property during that term; and(2)the Public Utility Commission from authorizing a person who operates a solar facility to interconnect the facility to the ERCOT transmission grid unless the person has entered into an agreement with the county in which the facility is located providing that the operator is responsible for decommissioning the solar facility. (Companion bill is S.B. 829 by Hall.) H.B. 2394 (Campos)—Homelessness: would: (1) require the Texas Department of Public Safety to establish and administer a homeless impact grant program to provide grants for the provision of additional security and sanitation services for homeless individuals in areas for which a public improvement district has been created; and(2) authorize a city or county that has 26 created a public improvement district to apply for and use a grant under the program if: (a) the district is located in a county with an unsheltered homeless individual count that exceeds 500 according to the most recent point-in-time homeless census; and(b) the services for which the grant will be made are an authorized public improvement project of the district. H.B. 2404 (Meyer)—Chapter 380 Economic Development Agreements: would, among other things: 1. require the comptroller to create and make accessible on the Internet a database,to be known as the Chapter 380 and 381 Agreement Database, that contains information regarding all city and county economic development agreements under Chapters 380 and 381 of the Local Government Code, respectively; 2. for each local economic development agreement described in Number 1, above,the database must include: (a)the name of the local government that entered into the agreement; (b) a numerical code assigned to the local government by the comptroller; (c)the address of the local government's administrative offices and public contact information; (d)the name of the appropriate officer or other person representing the local government and that person's contact information; (e)the name of any entity that entered into the agreement with the local government; (f)the date on which the agreement went into effect and the date on which the agreement expires; (g)the focus or scope of the agreement; (h) an electronic copy of the agreement; and (i)the name and contact information of the individual reporting the information to the comptroller; 3. require a city to, not later than the seventh day after entering into, amending, or renewing an economic development agreement under Chapter 380 of the Local Government Code, submit to the comptroller the information described by Number 2, above, in the form and manner prescribed by the comptroller in addition to providing a direct link on the city's website to the location of the agreement information published on the comptroller's website; 4. authorize the comptroller to consult with the appropriate officer of, or other person representing, each local government that enters into a local economic development agreement to obtain the information necessary to operate and update the database; 5. require the comptroller to enter the relevant information into the database not later than the 15th business day after the date the comptroller receives the information from the providing local government; 6. require the information, including a copy of the agreement,to remain accessible to the public through the database during the period the agreement is in effect; 7. provide that if a local government that enters into a local economic development agreement described in Number 1, above, does not comply with the requirement to provide information to the comptroller, the comptroller shall send a written notice to the local government describing the information that must be submitted to the comptroller and inform the local government that if the information is not provided on or before the 30t,day after the date the notice is provided,the local government will be subject to a civil penalty of$1,000; 8. provide that if a local government does not report the required information to the comptroller,the local government is liable to the state for a civil penalty of$1,000 and the attorney general may sue to collect a civil penalty; and 27 9. create a defense to an action brought under Number 8, above that the local government provided the required information or documents to the extent the information or documents are not exempt from disclosure or confidential under the Public Information Act. H.B. 2405 (Rodriguez) —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. (Companion bill is S.B. 46 by Zaffirini.) H.B. 2531 (Anderson)—Broadband in State Rights-of-Way: would require the Texas Transportation Commission to promulgate rules: (1) establishing an accommodation process that authorizes broadband-only providers to use state highway rights-of-way, subject to highway purposes, for: (a) new broadband facility installations; (b) additions to or maintenance of existing broadband facility installations; (c) adjustments or relocations of broadband facilities; and(d) existing broadband facilities retained within the rights-of-way; and(2)prescribing minimum requirements for the accommodation, method, materials, and location for the installation, adjustment, and maintenance of broadband facilities under the accommodation process. (Companion bill is SB 507 by Nichols.) S.B. 5 (Nichols) —Broadband Development Office: would, among other things: 1. require the existing governor's broadband development council to: (a) research the progress of deployment of broadband statewide; and (b) study industry and technology trends in broadband; 2. establish the state broadband development office within the University of Texas System; 3. for purposes of the state broadband development office, define "broadband service" as internet service provided directly to end user retail customers and capable of providing: (a) a download speed of 25 megabits per second or faster; and (b) an upload speed of three megabits per second or faster; 4. require the state broadband development office to: (a) serve as a resource for information regarding broadband service in the state; and (b) engage in outreach to communities regarding the expansion and adoption of broadband service and the programs administered by the office; 5. establish a board of advisors for the state broadband development office consisting of 11 appointed members; 6. require the office to create, update annually, and publish on the office's website a map designating each census block in the state as: (a) an eligible area, if fewer than 80 percent of the addresses in the block have access to broadband service; or(b) an ineligible area, if 80 percent or more of the addresses in the block have access to broadband service; 7. require the map described in Number 6, above,to display: (a)the number of broadband service providers that serve each census block; and (b)for each eligible area, an indication of whether the area has access to Internet service that is not broadband service, regardless of the technology used to provide the service; 28 8. provide that if information available from the Federal Communications Commission is not sufficient for the office to create or update the map,the office may request the necessary information from a political subdivision or broadband service provider, and the subdivision or provider must report the information to the office; 9. establish a petition process, under which a political subdivision or broadband service provider may petition the office to re-designate a census block on the map as an eligible area or ineligible area; 10. require the office to establish a program to award grants, low-interest loans, and other financial incentives to applicants for the purpose of expanding access to, and adoption of, broadband service in census blocks determined to be eligible areas; 11. require the office to establish and publish eligibility criteria for award recipients under Number 10, above, limiting grants, loans, and other financial incentives awarded to the program for use on capital expenses, purchase or lease of property, and other expenses, including backhaul and transport that will facilitate the provision or adoption of broadband service; 12. provide that the office may not: (a)favor a particular broadband technology in awarding grants, loans, or other financial incentives; (b) award grants, loans, or other financial incentives to a broadband provider that does not report information requested by the office; (c) award a grant, loan, or other financial incentive to a noncommercial provider of broadband service for an eligible area if a commercial provider of broadband service has submitted an application for the eligible area; or(d)take into consideration distributions from the state universal service fund when deciding to award grants, loans, or other financial incentives; 13. provide that an award granted under the broadband development program does not affect distributions received by a broadband provider from the state universal service fund; and 14. establish the broadband development account in the state's general revenue fund consisting of: (a) appropriations of money to the account by the legislature; (b) gifts, donations, and grants, including federal grants; and (c) interest earned on the investment of the money in the account. S.B. 796 (Schwertner)—Homeless Shelters: would provide that: (1) a city shall hold a public hearing concerning a property that it proposes to: (a)purchase for the purpose of housing homeless individuals; or(b) convert for the purpose of housing homeless individuals; (2) the hearing must be held before the city approves the purchase or conversion; (3) notice of a hearing shall be provided to every residence located within two miles of the property that is proposed to be: (a)purchased for the purpose of housing homeless individuals; or (b) converted for the purpose of housing homeless individuals; (4) notice must be delivered via certified mail not later than 36 hours before the hearing begins; and (5) an individual who is entitled to notice may petition a district court in the county in which the property is located for injunctive relief if a city fails to comply with the required process. S.B. 804 (Men6ndez)—Tourism Public Improvement Districts: would: (1) authorize a city council to include property in a tourism public improvement district after establishment of the district if. (a) the property is a hotel; and(b) a sufficient number of the record owners of the real property currently included and proposed to be included in the district have consented to be included in the district by signing the original petition to establish the district or by signing a petition or written consent to include property in the district; and(2)provide that for purposes of (1)(b), above, the number of consenting record owners is sufficient if the record owners own more than 60 percent of the appraised value of taxable real property liable for assessment in the district and: (a) constitute more than 60 percent of all record owners of taxable real property 29 liable for assessment in the district; or(b) own, in aggregate, more than 60 percent of the area of all taxable real property liable for assessment in the district. S.B 829 (Hall)—Solar Facility Decommissioning: would, among other things: (1)prohibit the governing body of a taxing unit from entering into a tax abatement agreement to exempt a portion of the value of real property on which a solar facility is located or is planned to be located during the term of the agreement, or of tangible personal property that is located or is planned to be located on the real property during that term; and(2)prohibit the Public Utility Commission from authorizing a person who operates a solar facility to interconnect the facility to the ERCOT transmission grid unless the person has entered into an agreement with the county in which the facility is located providing that the operator is responsible for decommissioning the solar facility. (Companion bill is H.B. 2372 by Slaton.) S.B. 848 (Blanco)—Transfer of Real Property: would: (1) for an entity and a city that have entered into an economic development agreement under Chapter 380 of the Local Government Code, authorize a city to transfer to an entity real property or an interest in real property; (2) provide that consideration for a transfer authorized in (1), above, is in the form of an agreement between the parties that requires the entity to use the property in a manner that primarily promotes a public purpose of the city relating to economic development; (3) require an economic development agreement involving the transfer of real property to include provisions under which the city is granted sufficient control to ensure that the public purpose is accomplished and the city receives the return benefit; (4)prohibit a city from transferring for consideration real property or an interest in real property the city owns, holds, or claims as a public square or park; (5) require a city,before making a transfer under an economic development agreement, to provide notice to the general public in a newspaper of general circulation in the county in which the property is located, or if there is no such newspaper, by any means for the city to provide specific public notice authorized by statute or by ordinance of the city; and (6)provide that a city may transfer real property acquired by the city from the previous owner by the exercise of eminent domain authority or the threat of the exercise of eminent domain authority in a Chapter 380 economic development agreement only if: (a)the city offers the previous owner an opportunity to repurchase the real property at the current market value and the previous owner declines; or(b) the city cannot locate the previous owner with reasonable effort. ELECTIONS H.B. 2059 (Bucy)—Runoff Election Date: would: (1) set a runoff election date on the first Saturday after the 27- day after the date of the main election; and(2)repeal current state law that allows a runoff election date later than the 45- day after the date the final canvass of the main election is completed, if prescribed by a home-rule city charter. H.B. 2060 (Bucy)—Early Voting by Mail: would provide that an application for a ballot to be voted by mail serves as an application both for a ballot for the main election and for any resulting runoff election,unless the applicant indicates otherwise on the application. H.B. 2061 (Bucy)—Voter Identification: would provide that the following documents are acceptable forms of photo identification for purposes of voting: (1) an official Native American 30 identification card or tribal document that contains the voter's photograph and address; (2) an identification card issued by an institution of higher education in Texas that contains the voter's photograph; and(3) an identification card issued by a state agency that contains the voter's photograph. H.B. 2082 (Reynolds)—Polling Places: would provide, in a county with a population of more than 500,000, that each election precinct established for an election may be served by more than one polling place if. (a) each polling place is located within the boundary of the precinct; and(b) consideration is given to population density in selecting the location of each polling place, so that each polling place serves approximately the same number of voters. H.B. 2092 (Sanford)—Partisan City Elections: would provide that a candidate must declare a party affiliation to run for a city office. H.B. 2149 (Clardy)—Temporary Branch Polling Places in Less Populous Counties: would, among other things,provide that, for an election in which the territory served by the early voting clerk is situated in a county with a population under 100,000: (1)voting at a temporary branch polling place may be conducted on any one or more days and during any hours of the period for early voting by personal appearance, as determined by the authority establishing the branch; (2) the authority authorized to order early voting on a Saturday or Sunday for the main early voting polling place may also order early voting to be conducted on a Saturday or Sunday at any one or more of the temporary branch polling places; and (3) the schedules for conducting voting are not required to be uniform among the temporary branch polling places. H.B. 2229 (Hull)—Polling Place: would amend current law prohibiting certain weapons on the premises of a polling place to only prohibit weapons in the portion of the premises of a polling place where voting or other election-related activities are occurring on the day of an election or while early voting is in progress. H.B. 2260 (Dutton)—Application for Office: would: (1) allow a candidate to utilize a name under which the candidate is known other than the candidate's surname acquired by law or marriage and given name, or a contraction or familiar form of a given name by which the candidate is known or an initial of a given name, if the candidate submits with the application for a place on the ballot 50 affidavits, each: (a) signed by a person eligible to vote in the election for which the candidate is applying; and(b) stating that the candidate is known to the person signing the affidavit by the name under which the candidate is seeking to run; and(2) create a civil penalty in an amount not to exceed$10,000 for giving false information in order to acquire the affidavits required or who induces a person to sign a false affidavit. H.B. 2263 (Paul)—Accepting Election Materials: would provide that: (1)voter registration applications,ballots, and applications for mail in ballots that do not comply with current law may not be cured; and(2)petitions for a place on the ballot for public office may only be cured if submitted with a notarized affidavit. 31 H.B. 2265 (Paul)—Early Voting Hours: would provide that voting during the early voting period may not be conducted earlier than 7 a.m. or later than 7 p.m. H.B. 2283 (King)—Election Expenditures: would prohibit: (1) the joint elections commission, county election commission, and county election board from accepting a contribution offered by a private individual, a corporation, a partnership, a trust, or another third party; and (2) making an expenditure using funds not appropriated by the governing body of the relevant political subdivision or subdivisions. H.B. 2291 (Dutton)—Eligibility for Public Office: would require a candidate to provide a certified copy of the candidate's pardon or other documentation evidencing removal of the disability to holding public office. H.B. 2293 (Patterson)—Early Voting: would prohibit early voting by personal appearance earlier than 6 a.m. or later than 9 p.m. H.B. 2318 (Geren)—Numbering of Propositions: would provide that if more than one political subdivision's proposition is to appear on a ballot, the authority ordering the election shall assign a unique letter of the alphabet to each measure. H.B. 2320 (Jetton)—Ballot by Mail: would: (1) create a state jail felony offense for a person convicted of indicating the ground of eligibility for early voting on an application for ballot by mail and distributes the application to an applicant with intent that the applicant will submit the application on the applicant's behalf to the early voting clerk; and(2)provide an affirmative defense for a person that signed the application for the ballot as a witness or otherwise assisted the applicant pursuant to current state law. H.B. 2321 (Jetton)—Early Voting Ballot: would require the signature verification committee or early voting ballot board, as the case may be, to compare the signatures of early voting ballots to each signature of the voter obtained from the Department of Public Safety and on file with the county clerk or voter registrar. H.B. 2322 (Jetton)—Voter Information: would provide that a copy of an application for a ballot to be voted by mail or information on the roster for a person to whom an early voting mail ballot has been sent are not available for public inspection, except to the voter seeking to verify that the information pertaining to the voter is accurate, until the first business day after the November uniform election date. H.B. 2347 (Klick)—Voting Procedures: would, among other things: (1)provide that a voter who has not voted before the time for closing an early voting polling place is entitled to vote after that time if the voter is inside or waiting to enter the polling place at closing time; and(2) require the presiding judge to take precautions necessary to prevent voting after closing time by persons who are not entitled to do so. 32 H.B. 2373 (Goodwin)—Voting by Mail: would modify current law to allow for the delivery of ballots voted by mail to be deposited in an authorized depository box. (Companion bill is H.B. 1385 by Crockett.) H.B. 2455 (Shaw)—Application for Ballot by Mail: would provide that an applicant for a ballot to be voted by mail may submit the application by delivering it in person to the early voting clerk if the application is submitted not later than the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 1 lth day before election day unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day. H.B. 2457 (Goodwin)—Preferential Voting: would, among other things, provide that: (1) the governing body of a city or school district may authorize,by majority vote, the use of a preferential voting system for the election of an officer of the city or school district; (2) the system must allow a voter to rank each candidate for an office through a numerical designation from the candidate the voter favors most to the candidate the voter favors least; and(3) a runoff election is not held for an office to which preferential voting applies. (This bill is identical to H.B. 2460 by Goodwin.) H.B. 2478 (Harris)—Early Voter Identification: would, among other things, require a photograph or copy of an approved photo identification to be submitted along with an application for an early voting ballot by mail and with the completed and marked early voting ballot. H.B. 2501 (Swanson)—Elections: would allow voters the opportunity to select "I choose not to vote in this race" instead of voting for the candidates appearing on the ballot or the list of write- in candidates for each race. S.B. 889 (Eckhardt)—Poll Watchers: would, among other things: (1) amend current law to allow a nonpartisan election observation organization to appoint a"watcher"to observe the conduct of an election; (2) authorize the secretary of state to certify qualifying nonpartisan election observation organizations and to adopt rules establishing the criteria to determine whether an organization may be certified; and(3) establish criteria that makes an individual eligible to be a watcher. EMERGENCY MANAGEMENT H.B. 3 (Burrows)—Texas Pandemic Response Act: this bill, known as the Texas Pandemic Response Act, would make numerous changes regarding how the state and local governments prevent,prepare for,respond to, and recover from a pandemic disaster. Of primary importance to cities, the bill would, among many other things: 1. define the term "pandemic disaster" to mean the occurrence or imminent threat of an outbreak of an infectious disease that spreads to a significant portion of the population of multiple countries or the world and that threatens widespread or severe damage, injury, or loss of life or property in the state resulting from any natural or man-made cause related to the outbreak; 33 2. authorize the governor, by executive order or proclamation,to declare a state of pandemic disaster if the governor determines that a state of pandemic disaster is occurring in the state or that the occurrence or threat of a pandemic disaster is imminent; 3. authorize the governor to, on request of a city, waive or suspend a deadline, including a deadline relating to a budget or property tax rate, imposed on the political subdivision by a statute or a state agency order or rule if he waiver or suspension is reasonably necessary to cope with the pandemic disaster; 4. authorize the governor to temporarily reassign resources, personnel, or functions of state agencies and cities for the purpose of performing or facilitating emergency services during a pandemic disaster; 5. provide that the presiding officer of a city council is designated as the pandemic emergency management director for the city; 6. authorize a pandemic emergency management director to serve as the governor's designated agent in the administration and supervision of duties under the Texas Disaster Pandemic Act, and authorize the pandemic emergency management director to exercise the powers granted to the governor on an appropriate local scale; 7. authorize a pandemic emergency management director to designate a person to serve as pandemic emergency management coordinator, who serves as an assistant to the pandemic emergency management director; 8. provide that a deadline imposed by local law on a city, including a deadline relating to a budget or property tax, is suspended if: (a)the city is wholly or partly located in an area in which a pandemic disaster has been declared by the president of the United States or the governor; and (b)the city's presiding officer proclaims that the city is unable to comply with the requirement because of the pandemic disaster; 9. authorize a city's presiding officer to issue an order ending the suspension of a deadline under Number 8, above, and provide that a deadline may not be suspended for more than 30 days after the date the presiding officer issues the proclamation described by Number 8(b), above; 10. provide that any local order or rule issued in response to a state or local state of pandemic disaster is superseded and void to the extent that it is inconsistent with orders, declarations, or proclamations issued by the governor or Department of State Health Services; 11. prohibit an election official of a political subdivision from seeking to alter, in response to a pandemic disaster, any voting standard practice, or procedure in a manner not otherwise expressly authorized by state law, unless the election official first obtains approval of the proposed alternation from the secretary of state by submitting a written request for approval to the secretary of state; 12. provide that if the governor issues a written determination finding that the presiding officer of a city council has taken issued an order requiring the closure of a private business in response to a pandemic, the city council for that city may not adopt a property tax rate for the current tax year that exceeds the lesser of the city's no-new-revenue tax rate or voter-approval tax rate for that tax year; 13. provide that, for a tax year in which the restriction in Number 12, above, applies to a city, the difference between the city's actual tax rate and voter-approval tax rate for purposes of calculating the city's unused increment rate is considered to be zero; 14. provide that a city is no longer subject to the limitation prescribed by Number 12, above, in the first tax year in which the governor rescinds the governor's written determination; 15. provide that a person commits an offense if the person violates a provision of the pandemic components of a state, local, or interjurisdictional emergency management plan or a rule, order, or 34 ordinance adopted under those provisions, and that a violation is punishable by a fine only in an amount not to exceed $1000 to be enforced by state and local officials; and 16. authorize the attorney general to provide legal counsel to a city subject to a declared state of pandemic disaster on issues related to pandemic disaster mitigation, preparedness, response, and recovery applicable to the area subject to the pandemic disaster declaration, if a request for legal counsel is submitted by the emergency management director or mayor of a city. H.B. 1500 (Hefner)—Firearm Regulation: would provide that: (1) in connection with a disaster, no person may prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range; (2) the governor may not, during a state of disaster, suspend or limit the sale, dispensing, or transportation of explosives or combustibles that are components of firearm ammunition; (3) a directive issued by the governor during a state of emergency may not: (a)provide for the control of the storage, use, and transportation of explosives or flammable materials that are components of firearm ammunition; or(b)prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler; and(4) a city does not have the authority to regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster even if the city finds the regulations necessary to protect public health and safety. (Companion bill is S.B. 18 by Creighton.) H.B. 2066 (Dominguez)—Expansion of Emergency Management: would amend current law to clarify the purpose of the Texas Disaster Act of 1975 to include cybersecurity events. H.B. 2073 (Burrows)—Quarantine Leave: would provide that: (1) a political subdivision, including a city, shall place a fire fighter,peace officer, or emergency medical technician employed by the political subdivision on paid quarantine leave if the person is ordered by a supervisor or a health authority to quarantine or isolate due to a possible or known exposure to a communicable disease while on duty; (2) a fire fighter,peace officer, or emergency medical technician on quarantine leave shall be entitled to: (a) all employment benefits and compensation, including leave accrual, pension benefits, and health benefit plan benefits; and(b) costs related to the quarantine, including lodging, medical, and transportation costs; and(3) a political subdivision may not reduce any leave balance accrued by a fire fighter, peace officer, or emergency medical technician in connection with the quarantine leave required by(1), above. H.B. 2097 (Schaefer)—Face Coverings: would provide that the governor or a local official may not issue an executive order, proclamation, or regulation, as applicable, that requires a person to wear a mask or personal protective equipment unless expressly provided by a statute. H.B. 2098 (Schaefer)—Violations of Emergency Management Plan: would repeal provisions of the Texas Disaster Act, which provide that a state, local, or interjurisdictional emergency management plan may: (1)provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense; and(2)prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days. 35 H.B. 2196 (Schaefer)—Emergency Management: would, among other things: (1)remove from the definition of disaster,under the Texas Disaster Act, "other public calamity requiring emergency action"; (2) delete the provision that provides that the governor's executive orders, proclamations, and regulations issued during a disaster have the force and effect of law; (3) eliminate the ability of the governor to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or waive or suspend a deadline imposed by a statute; (4) eliminate the governor's ability to temporarily suspend or modify for a period of not more than 60 days any public health, safety, zoning, intrastate transportation, or other law related to providing temporary housing or emergency shelter for disaster victims; (5) repeal the provision that authorizes the governor to suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles; and(6)repeal the provision that authorizes the governor to suspend, during a disaster, the waiting period that is otherwise required in order to be eligible for unemployment benefits. H.B. 2208 (Lopez)—Confidentiality of Disaster Information: would provide that the following information maintained by a governmental body is confidential: (1) the name, social security number, house number, street name, and telephone number of an individual or household that applies for or receives disaster recovery assistance, including utility payment assistance and state or federal disaster recovery funds; (2) the name, tax identification number, address, and telephone number of a business entity or an owner of a business entity that applies for or receives disaster recovery assistance, including utility payment assistance and state or federal disaster recovery funds; and(3) any other information the disclosure of which would identify or tend to identify a person or household that applies for or receives disaster recovery assistance, including utility payment assistance and state or federal disaster recovery funds. H.B. 2211 (Metcalf)—In-Person Hospital Visits: would provide, among other things, that a hospital may not, during a qualifying period of disaster, prohibit in-person visitation with a patient receiving care or treatment at the hospital unless federal law or a federal agency requires the hospital to prohibit in-person visitation during that period. H.B. 2239 (Gates)—Disaster Tax Relief: would, among other things, provide that if a city issues an order, proclamation, or regulation pursuant to its authority in the Texas Disaster Act that either closes,prohibits individuals from patronizing, or reduces operating hours or occupancy capacity of certain private businesses, or prohibits landlords from enforcing lease terms that are otherwise enforceable, a business or landlord subject to the order, proclamation, or regulation shall not be liable for any taxes imposed by the city on the business or landlord, including related property taxes. H.B. 2249 (Hefner)—Firearm Regulation: would provide that: (1) in connection with a disaster, no person may prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range; (2) the governor may not, during a state of disaster, suspend or limit the sale, dispensing, or transportation of explosives or combustibles that are components of firearm ammunition; (3) a directive issued by the governor during a state of emergency may not: (a)provide for the control of the storage, use, and transportation of explosives or flammable materials that are components of firearm ammunition; or(b)prohibit or restrict the business or operations of a firearms or 36 ammunition manufacturer, distributor, wholesaler; and(4) a city does not have the authority to regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster even if the city finds the regulations necessary to protect public health and safety. (Companion bill is S.B. 18 by Creighton.) H.B. 2270 (C. Turner) - Personal Protective Equipment: would provide, among other things, that: (1)the Department of State Health Services (DSHS), in coordination with other relevant state agencies, shall establish and maintain a minimum 90-day reserve of personal protective equipment (PPE) for use by health care workers and essential personnel during a public health disaster or other public health emergency; and (2) DSHS shall establish the Personal Protective Equipment Reserve Advisory Committee that shall, as necessary, make recommendations to the Health and Human Services Commissioner for the development of guidelines for the procurement, storage, and distribution of the PPE reserves. (Companion bill is S.B. 437 by Blanco.) H.B. 2271 (C. Turner)—Pandemic Response Plan: would provide that: (1) the Texas Division of Emergency Management(TDEM) shall prepare and keep current a pandemic response plan that may include provisions for: (a) consulting infectious disease experts; (b)preventing and minimizing injury and damage caused by a pandemic; (c)prompt and effective response to a pandemic; (d) emergency relief, (e) identifying areas and populations particularly vulnerable to the occurrence of a pandemic; (f) communicating with governmental and private entities to facilitate coordination and collaboration for the efficient and effective planning and execution of a pandemic response plan; (g) organizing federal, state, and local pandemic response activities; (h) assisting local officials in designing local pandemic response plans; (i)preparing and distributing to appropriate state and local officials catalogs of federal, state, and private assistance programs; and 0) other necessary matters relating to pandemics; and(2) in preparing and revising the pandemic response plan, TDEM shall seek the assistance of, among others, necessary federal, state, or local governmental entities. (Companion bill is S.B. 435 by Blanco.) S.B. 18 (Creighton)—Firearm Regulation: would provide that: (1) in connection with a disaster, no person may prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range; (2) the governor may not, during a state of disaster, suspend or limit the sale, dispensing, or transportation of explosives or combustibles that are components of firearm ammunition; (3) a directive issued by the governor during a state of emergency may not: (a)provide for the control of the storage, use, and transportation of explosives or flammable materials that are components of firearm ammunition; or(b)prohibit or restrict the business or operations of a firearms or ammunition manufacturer, distributor, wholesaler; and(4) a city does not have the authority to regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster even if the city finds the regulations necessary to protect public health and safety. (Companion bills are H.B. 1500 and H.B. 2249 by Hefner.) S.B. 865 (Creighton) - 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) 37 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 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. (Companion bill is H.B. 655 by Raymond.) S.B. 877 (Hancock)—Building Inspections: would: (1)provide that a building inspection in an area of a city subject to a disaster declaration by the governor or a declaration of local disaster may be performed by: (a) a person certified to inspect buildings by the International Code Council; (b) a person employed as building inspector by the city in which the building is located; or(c) a person employed as a building inspector by any city, if the city in which the building is located has approved the person to perform inspections during the disaster; and (2)prohibit a city from collecting an inspection fee related to an inspection performed under(1). (Companion bill is H.B. 2548 by Morrison.) MUNICIPAL COURTS H.B. 2338 (Crockett)—Expunction: would: (1) entitle a person who was placed under custodial or noncustodial arrest for certain misdemeanor offenses to have all records and files related to the arrest, including any applicable records and files related to the conviction for the offense, expunged if. (a) the person was placed on deferred adjudication community supervision for the misdemeanor offense; (b)the person has not been convicted or placed on deferred adjudication community supervision for an offense, other than a traffic offense punishable by fine only, committed after the date of the misdemeanor offense for which the person was placed on deferred adjudication community supervision; (c) the person has no charges pending against the person for the commission of any offense, other than a traffic offense punishable by fine only; and(d) a period of not less than ten years has passed since the date on which: (i) the person's sentence for the offense described by(1)(a), including any term of confinement or period of community supervision imposed and payment of all fines and costs imposed, is fully discharged; or(ii) the person received the dismissal and discharge of the deferred adjudication community service; (2)provide that the person must submit an ex parte petition for expunction to the court that placed the person on deferred adjudication community supervision; and(3) require the court to enter an order directing expunction in accordance with state law if the court finds the 38 petitioner is entitled to expunction of any arrest records and files that are the subject of the petition. H.B. 2441 (White)—Municipal Courts: would provide that any officer authorized to collect a fine, fee, or item of cost may request the trial court in which a criminal action or proceeding was held to make a finding that a fine, fee, or item of cost imposed in the action or proceeding is uncollectible if the officer believes: (a) the defendant is deceased; (b) the defendant is serving a sentence for imprisonment for life or life without parole; (c) the fine, fee, or item of cost has been unpaid for at least 15 years; or (d) the fine, fee, or item of cost is otherwise uncollectible; and(3) the court may order the officer to designate the fine, fee, or item of cost as uncollectible in the fee record. OPEN GOVERNMENT H.B. 2357 (Reynolds)—Public Information: would: (1)provide that information is confidential and not subject to public disclosure if the information: (a) identifies an individual as the victim of certain crimes; or(b) identifies the victim of any criminal offense, if the victim was younger than 18 years of age when any element of the offense was committed; and(2) allow information under(1) to be disclosed: (a) to any victim identified by the information, or to the parent or guardian of a victim described by (1)(b); (b) to a law enforcement agency for investigative purposes; or(c) in accordance with a court order requiring the disclosure. H.B. 2383 (Moody)—Access to Law Enforcement Records: would provide, among other things, that: 1. the office of the attorney general shall establish and maintain, on its internet website, a publicly accessible database of officer-involved injury or death reports that are required to be submitted to the office; 2. the following information is public information under the Public Information Act (PIA): (a) basic information about a criminal investigation; and (b) basic information contained in: (i) a search warrant; (ii) testimony, an affidavit, or other information used to support a finding of probable cause to execute a search warrant; (iii) an arrest warrant, an arrest report, an incident report, or an accident report; (iv) a mug shot; (v) a report relating to an officer-involved shooting; (vi) a report relating to an incident involving the discharge of a firearm by a peace officer, including the unintentional discharge of a firearm in the course of duty or in response to a call, regardless of whether a person is hit by gunfire or an allegation of misconduct is made; (vii) a report relating to a peace officer's use of force resulting in death or serious bodily injury; or(viii) a report related to the death or serious bodily injury of an arrestee or detainee while the person is in the custodial care of a law enforcement agency; 3. law enforcement information that deals with the detection, investigation or prosecution of a crime that does not result in conviction or deferred adjudication, or an internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution, that does not result in conviction or deferred adjudication is public information if: (a) a person who is a subject of the information, record, or notation, other than a peace officer, is deceased or incapacitated; or(b) each person who is a subject of the information, record, or notation consents to the release of the information, record, or notation; 39 4. a letter, memorandum, or document regarding a peace officer's alleged misconduct in the peace officer's departmental civil service personnel file (commonly referred to as the "g"file) is public information if: (a) a person who is a subject of the letter, memorandum, or document, other than the peace officer, is deceased or incapacitated; or(b) each person who is a subject of the letter, memorandum, or document consents to the release of the letter, memorandum, or document; 5. a law enforcement agency shall, with exceptions, make public any video recording in the agency's possession involving a critical incident, including an officer-involved shooting, use of force that results in death or serious bodily injury, or a custodial death, not later than the 60th day after the date of the critical incident; 6. a fire or police department in a civil service city may maintain a "g"file to store sensitive personal information, including the individual 's home address, home telephone number, personal cellular telephone number, emergency contact information, social security number, personal financial information, information that reveals whether the person has family members, and any other personal information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; 7. a fire or police department in a civil service city shall disclose law enforcement disciplinary record information reasonably necessary to identify an allegation against a fire fighter or police officer that resulted in a sustained finding of misconduct, including: (a) any record created in furtherance of a law enforcement disciplinary proceeding; (b) each complaint, allegation, and charge against the employee; (c)the name of the employee complained of or charged; (d) the transcript of any disciplinary trial or hearing, including any exhibit introduced at the trial or hearing; (e)the disposition of any disciplinary proceeding; and (f)the final written opinion or memorandum supporting the disposition and discipline imposed, including the agency's: (i) complete factual findings; and (ii) analysis of the conduct and appropriate discipline of the covered employee; 8. a written request for information recorded by a body worn camera shall be treated as a request for public information under the PIA; and 9. provisions of current law related to withholding from release a portion of a body worn camera recording made in a private space, or of a recording involving the investigation of conduct that constitutes a misdemeanor punishable by fine only and does not result in arrest, without written authorization from the person who is the subject of that portion of the recording or, if the person is deceased,from the person's authorized representative are repealed. H.B. 2396 (Meyer)—Public Informatiion: would remove motor vehicle market research activities from the list of motor vehicle record information that may be disclosed by a city to certain requestors. H.B. 2401 (Middleton)—Religion: would: (1)prohibit a local officer or employee from enforcing: (a) the "Blaine Amendments" (certain sections in the Texas Constitution that prohibit the appropriation of state funds for the benefit of a sect, religious society, theological or religious seminary); (b) the Separation of Church and State doctrine against any person or entity in Texas; and (c) the Establishment Clause of the First Amendment against any person or entity other than the federal government, its officers, or its instrumentalities; (2)provide certain exceptions to the prohibition in (1), above; (3)prohibit a local officer or employee from enforcing any restrictions on speech or expression that single out churches or other religious organizations or chill the speech of any person by publishing any such restrictions as required by law; and(4) authorize a 40 person or entity to bring a civil action for violations of the prohibitions in (1) and(3), and allow for the award of attorneys' fees in Establishment Clause lawsuits. H.B. 2421 (Davis)—Public Information: would provide that the following personal identifying information collected by a regional transportation authority is confidential and not subject to public disclosure: (1) trip data, including the time, date, origin, and destination of a trip, and demographic information collected when the person purchases a ticket or schedules a trip; and (2) other personal information, including financial information. (Companion bill is S.B. 858 by Johnson.) H.B. 2511 (Meza)—Law Enforcement Exception: would provide that information that deals with detection, investigation or prosecution of a crime, or a law enforcement internal record or notation in relation to an investigation, that did not result in a conviction or deferred adjudication is public information under the Texas Public Information Act if it is in response to a written request made by: (1) a person who is the subject to the information, record or notation; or(2) if the person is deceased,the person's spouse, child, or parent, an administrator of the person's estate, or any of their attorneys. S.B. 729 (Johnson)—Electronic Public Information: would provide that: (1) data dictionaries and other indicia of the type or category of information held in each field of a database is public information under the Public Information Act(PIA); (2) a governmental body's use of an electronic recordkeeping system may not erode the public's right of access to public information under the PIA; (3) the contents of public information that is produced and maintained in an electronic spreadsheet or database that is searchable or sortable (electronic public information), including the information described in(1), above, is significant and not merely used as a tool for the maintenance, manipulation, or protection of property; (4) if a request for public information applies to electronic public information and the requestor requests the information in a searchable or sortable format, the governmental body shall provide an electronic copy of the requested electronic public information in the searchable or sortable format requested using computer software the governmental body has in its possession,but if the requestor prefers, the governmental body shall provide a copy of electronic public information in the form of a paper printout; (5) a governmental body may not refuse to provide a copy of electronic public information on the grounds that exporting the information or redacting excepted information will require inputting range, search, filter, report parameters, or similar commands or instructions into the governmental body 's computer system if the commands or instructions can be executed with computer software used by the governmental body in the ordinary course of business to access, support, or otherwise manage the information; (6) a requestor may request that a copy of electronic public information be provided in the format in which the information is maintained by the governmental body or in a standard export format such as a flat file electronic American Standard Code for Information Interchange (ASCII) if the governmental body's computer programs support exporting the information in that format, and the governmental body shall provide the copy in the requested format or in another format acceptable to the requestor; (7) if the electronic public information is maintained by a governmental body in a format that is: (a) searchable but not sortable, the governmental body shall provide an electronic copy of the information in a searchable format; or(b) sortable, the governmental body shall provide an electronic copy of the information in a sortable format; and(8) a governmental body shall use 41 reasonable efforts to ensure that a contract entered into by the governmental body for the creation and maintenance of electronic public information does not impair the public's ability to inspect or copy the information or make the information more difficult for the public to inspect or copy than records maintained by the governmental body. (Companion bill is H.B. 1810 by Capriglione.) S.B. 841 (Hughes)—Public Information: would add certain honorably retired law enforcement positions to the personal information exceptions of the Public Information Act and the confidentiality of home address section in the tax appraisal statute. (Companion bill is H.B. 1440 by Schaefer.) S.B. 858 (Johnson)—Public Information: would provide that the following personal identifying information collected by a regional transportation authority is confidential and not subject to public disclosure: (1) trip data, including the time, date, origin, and destination of a trip, and demographic information collected when the person purchases a ticket or schedules a trip; and(2) other personal information, including financial information. (Companion bill is H.B. 2421 by Davis.) S.B. 861 (Paxton)—Open Meetings: would provide for remote meetings under the Open Meetings Act, and: For city meetings held by telephone conference: 1. provide the governmental body is not prohibited from holding an open or closed meeting from one or more remote locations by telephone conference; 2. remove the requirement that an emergency or public necessity exist; 3. require the notice of the meeting: (a) include the statement "Telephone conference call under Section 551.125, Government Code" in lieu of the place of the meeting; (b) list each physical location where members of the public may listen to or participate in the meeting; (c) include access information for an audio feed of the meeting; and (d) if applicable, include instructions for members of the public to provide testimony to the governmental body; 4. require that any method of access that is provided to the public for listening to or participating in the telephone conference call meeting be widely available at no cost to the public; 5. require that each part of the meeting that is required to be open to the public shall be audible to the public and shall be recorded, and the recording shall be made available to the public; 6. require the identification of each party to the telephone conference be clearly stated prior to speaking; 7. require that, if the governmental body prepares an agenda packet that would have been distributed to members of the public at a face-to-face meeting,the packet must be available electronically so that members of the public listening remotely can follow along with the meeting. For city meetings held by videoconference: 1. provide the governmental body is not prohibited from holding an open or closed meeting from one or more remote locations by videoconference; 42 2. allow a member of the governmental body to participate remotely in a meeting by videoconference call if the audio feed and, if applicable, video feed of the member's or employee's participation complies with the other requirements for a videoconference meeting; 3. provide that a member of a governmental body who participates as described in Number 2, above, shall be counted as present at the meeting for all purposes; 4. provide that a member of a governmental body shall be considered absent from any portion of the meeting during which audio communication with the member is lost or disconnected, and that the body may continue the meeting only if members in a number sufficient to constitute a quorum remain audible and visible to each other and, during the open portion of the meeting,to the public; 5. require the notice of the meeting: (a) include the statement "Videoconference call under Section 551.127, Government Code" in lieu of the place of the meeting; (b) list each physical location where members of the public may observe or participate in the meeting; (c) include access information for both audio-only and audiovisual feeds of the meeting; and (d) if applicable, include instructions for members of the public to provide testimony to the governmental body; 6. require that any method of access that is provided to the public for the purpose of observing or participating in a meeting be widely available at no cost to the public; 7. require each portion of a meeting held by videoconference call that is required to be open to the public shall be audible and, if applicable, visible to the public; 8. provide that if a problem occurs that causes a meeting to no longer be audible to the public,the meeting must be recessed until the problem is resolved; 9. require an audio recording of the meeting, and that the recording be made available to the public; 10. provide that the face of each participant who is participating in the call using video communication, while that participant is speaking, be clearly visible and audible to each other participant, and during the open portion of the meeting,to the members of the public, including at any location described by Number 5(b); 11. provide that participant using solely audio communication: (a) shall, while speaking, be clearly audible to each other participant and, during the open portion of the meeting, to the members of the public, including at any location described by Number 5(b); 12. authorize the Department of Information by rule to specify minimum technical quality standards for the meeting, and require that access information described by Number 5(c) be of sufficient quality so that members of the public can observe the demeanor or hear the voice, as applicable, of each participant in the open portion of the meeting; 13. provide that a governmental body: (a) may allow a member of the public to testify at a meeting from a remote location by videoconference call; and (b) must allow a member of the public testify from a remote location using video or audio communication if holding a meeting by videoconference call where public testimony is taken; and 14. require that, if the governmental body prepares an agenda packet that would have been distributed to members of the public at a face-to-face meeting,the packet must be available electronically so that members of the public observing remotely can follow along with the meeting. OTHER FINANCE AND ADMINISTRATION H.B. 2119 (Burrows)—Third-Party Food Delivery Service: would, among other things: (1) define "third-party food delivery service" as a website, mobile application, or other Internet- 43 based service that acts as an intermediary between consumers and multiple restaurants not owned or operated by the service to arrange for the delivery of food or beverages from those restaurants; (2)preempt a city or county from adopting or enforcing an ordinance or regulation that: (a) applies requirements to a third-party food delivery service that are more restrictive than the requirements that apply to the service under state law; (b) affects the fees charged to a restaurant by a third-party food delivery service; or(c) affects the terms of an agreement between a third- party food delivery service and a restaurant; (3)provide that the Department of State Health Services or a local health authority may not require a third-party food delivery service employee or independent contractor to complete an education program on basic food safety accredited under the bill; and(4)provide that local health authority may not charge a fee to an employee or contractor who provides proof of completion of an education program on basic food safety accredited under the bill. (Companion bill is S.B. 911 by Hancock.) H.B. 2144 (Harris)—Public Nuisance: would, among other things,provide that: (1) a person may be held liable for a public nuisance only if the person causes an unlawful condition and controls that unlawful condition at the time the condition violates an established public right; (2) conditions arising from the following conduct are not considered unlawful conditions for the purposes of a public nuisance: (a) an activity expressly authorized or encouraged by a statute, ordinance, rule, or other similar measure adopted by the state, a political subdivision of the state, the United States, or a regulatory agency of the state or the United States; and(b) the lawful manufacturing, distributing, selling, advertising, or promoting of a lawful product; (3) only the state or a political subdivision of the state may bring a public nuisance action and may do so only by a government attorney of the relevant jurisdiction; (4)to bring a public nuisance action, the state or the political subdivision must have a substantial ownership interest in or authority over the real property or waterway, or ancillary space related to the real property or waterway, to which the public nuisance relates; and(5) a financial expenditure made by the state or a political subdivision related to the remediation, abatement, or injunction of an unlawful condition does not constitute an injury sufficient to confer standing to file or maintain a public nuisance action. H.B. 2163 (Stephenson)—First Responder Driver's License Fees: would waive the fee for the issuance or renewal of a driver's license for current first responders, including: (1)peace officers; (2) fire protection personnel; (3) certain volunteer firefighters; (4) ambulance drivers; and(5) individuals certified as emergency services personnel by the Department of State Health Services. H.B. 2169 (Sanford)—Handguns: would, in regard to the eligibility requirements for a license to carry a handgun, repeal the requirement that a person not have been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision, or any other agency or subdivision of the state. H.B. 2199 (Parker)—Digital Identity Work Group: would, among other things: (1) define "digital identity" as including: (a) credentials issued by federal, state, and local governmental agencies to a person for identification, licensure, registration, and other purposes; (b) credentials conferred to a person to verify the person's skills and qualifications; (c) digital credentials issued for user authentication and access management; and (d) digitally-verifiable claims; and(2) establish the digital identity work group to develop recommendations for the use of digital 44 identity, and to identify optimal policies and state investments related to digital identity technology. H.B. 2204 (S. Thompson)—Charitable Bingo: would, among other things, require a licensed authorized organization or unit that collects a prize fee for a bingo game conducted in a city or county that was entitled to receive a portion of a bingo prize fee as of January 1, 2019, to remit 50 percent of the amount collected as the prize fee to the Texas Lottery Commission and: (1) remit 50 percent of the amount collected to the county if the location at which the bingo game is conducted is not within the city limits and the county voted to impose the prize fee by November 1, 2019; (2)remit 25 percent of the amount collected as the prize fee to the county if the bingo game is conducted within the city limits and the county voted to impose the prize fee by November 1, 2019; (3) remit 25 percent of the amount collected as the prize fee to the city if the bingo game is conducted within the city limits of a city that voted to impose the prize fee by November 1, 2019; and(4) deposit any remaining amount collected as the prize fee in the general charitable fund of the organization or organizations conducting the bingo game. H.B. 2205 (Romero)—Swimming Pools: would provide that pool safety standards adopted by rule by the Department of State Health Services must comply with a version of the International Swimming Pool and Spa Code that is not older than the version in effect on May 1, 2019. H.B. 2210 (Raymond)—Intergovernmental Agreements: would provide that a local government may enter into an interlocal contract with a branch of the armed forces of the United States to provide installation-support services to a military installation located in Texas. (Companion bill is S.B. 780 by Hinojosa.) H.B. 2215 (Hernandez)—Diaper Changing Stations: would, with certain exceptions. require a person(including a city)who engages in or contracts for the construction of a building, or the renovation of the restrooms of a building, with one or more restrooms accessible to the public,to provide a private space for a diaper changing station that is available in a shared restroom or space, or in each restroom or space designated as a diaper changing station. H.B. 2262 (Schofield)—Fleet Vehicles: would: (1)provide that a county or city that owns and operates a motor vehicle, trailer, or semitrailer that is exempt from the payment of a registration fee under certain law may choose to register some or all of those vehicles for an extended registration and inspection period of three years; and(2)require a county or city that chooses to register a vehicle as described in(1) to provide for the timely inspection of the vehicle before registration. H.B. 2303 (Kacal)—Handguns: would(1)provide that a municipal attorney or assistant municipal attorney may establish handgun proficiency by obtaining from a handgun proficiency instructor approved by the Texas Commission on Law Enforcement a sworn statement that indicates that the person, during the 12-month period preceding the date of the person's application to the department, demonstrated to the instructor proficiency in the use of handguns; (2) except a municipal attorney or assistant municipal attorney from state laws that prohibit carrying weapons in certain places; and(3)provide that certain state laws that prohibit displaying 45 a handgun in plain view in a public place do not apply to: (a)peace officers or special investigators; and(b) honorably retired peace officers or other qualified retired law enforcement officers who hold a certificate of proficiency and carry a photo identification that verifies the person is an honorably retired peace officer or other qualified retired law enforcement officer. H.B. 2319 (Jetton)—Federal Lobbyists: would prohibit: (1) a state agency from using appropriated money to employ a person who is a lobbyist or lobbying firm as defined by the federal Lobbying Disclosure Act of 1995; and(2) a political subdivision or private entity that receives state funds from using the funds to pay a person or entity that is a lobbyist or lobbying firm as defined by the federal Lobbying Disclosure Act of 1995. H.B. 2415 (Meyer)—Motor Vehicle Rental Taxes: would, among other things, require a marketplace rental provider to collect the motor vehicle rental tax for the benefit of a city or county venue project. H.B. 2500 (Bailes)—Newspaper Notice: would provide that a governmental entity or representative may publish notice on a third-party Internet website, as an alternative to certain newspaper notice requirements, if. (1)the governing body finds, after holding a public hearing on the matter that: (a) Internet publication of notices is in the public interest; (b) Internet publication of notices will not, after consideration of the level of Internet access in the applicable area, unreasonably restrict public access to the notices; and(c) the cost of publishing the notices in a newspaper exceeds the cost of Internet publication; (2) the governmental entity or representative posts the findings in(1) on the entity's or representative's website; and(3) the governmental entity or representative also prominently posts each notice for public review at the office location of the governmental entity or representative that is the most accessible to the intended recipients of the notice. H.B. 2515 (Shaheen)—Short-Term Rentals: would, among other things: (1)provide that on the receipt of notice of a third violation of a municipal ordinance within a one-year period involving a short-term rental unit that is listed by a short-term rental unit listing service, the listing service shall remove the unit from the listing service's Internet website, application, or other online platform for at least 30 days; (2)provide that certain individuals may bring an action for appropriate injunctive relief against the owner of a short-term rental unit that is the subject of three or more violations of city ordinances and the person may seek to recover reasonable attorney's fees and court costs; and(3)require a city to provide written notice to a short-term rental unit listing service for a violation of a city ordinance involving a short-term rental unit listed on the listing service. S.B. 26 (Paxton)—Religious Freedom: would provide that: (1) for purposes of a disaster,the Texas Religious Freedom Restoration Act is not considered a regulatory statute and may not be suspended; and(2) a government agency or public official may not issue an order that closes or has the effect of closing places of worship in Texas or in a geographic area of Texas. (Companion bill is H.B. 1239 by Sanford.) 46 S.B. 703 (Buckingham)—Texas Department of Agriculture: this is the Texas Department of Agriculture sunset bill. The bill, among other things: (1) continues the department until 2033; and(2)repeals: (a) the Rural Foundation; (b) the Rural Health& Economic Development Advisory Council; and(c)the Early Childhood Health and Nutrition Interagency Council. S.B. 705 (Lucio)—Animal Health Commission: this is the Texas Animal Health Commission sunset bill. The bill continues the commission until 2033. S.B. 780 (Hinojosa)—Intergovernmental Agreements: would provide that a local government may enter into an interlocal contract with a branch of the armed forces of the United States to provide installation-support services to a military installation located in Texas. (Companion bill is H.B. 2210 by Raymond.) S.B. 798 (Nelson)—Family Violence: would, among other things, allow a victim of dating violence, a victim of family violence, or a child of a victim of dating or family violence, to request, without payment of a fee, a certified copy of the individual's birth record. S.B. 843 (Springer)—Food Service Establishments: would allow a licensed food service establishment (i.e., a place where food is prepared for individual portion service) to sell directly to an individual consumer food, other than prepared food, that: (1) is in its original condition or packaging as received by the establishment; (2) is labeled with the name and source of the food and the date the food is sold; (3) bears an official mark of USDA inspection, if the food is meat or poultry; (4) does not exceed the shelf life as displayed on the packaging; and(5) has been properly refrigerated, if applicable. (Companion bill is H.B. 1276 by Parker.) S.B. 871 (Nichols)—State Board of Plumbing Examiners: would continue the functions of the Texas State Board of Plumbing Examiners. PERSONNEL H.B. 2242 (Patterson)—Line of Duty Illness or Injury Leave: would provide that, regardless of contrary provisions of a collective bargaining, meet or confer or other similar agreement: (1) a county or city shall provide a firefighter or police officer with a paid leave of absence for an illness or injury related to the person's line of duty; (2)the leave described in(1), above, shall be for a period commensurate with the nature of the line of duty illness or injury, and if necessary, the leave shall continue for at least one year; (3) at the end of the one-year period described in(2), above, the governing body of the city or county, as applicable, may extend the leave at full or reduced pay; (4) if the leave is not extended or the police officer's or firefighter's salary is reduced below 60 percent of the person's regular monthly salary and the person is a member of a pension fund, the person may retire on pension until they are able to return to duty; (5) if pension benefits are not available to a firefighter or police officer who is temporarily disabled by a line of duty injury or illness and if the year at full pay and any extensions granted by the governing body have expired, the firefighter or police officer may use accumulated sick leave, vacation time, and other accrued benefits before the person is placed on temporary leave; (6) if the year at full pay and any extensions granted by the governing body have expired, the firefighter or police officer may use 12 weeks of unpaid leave; (7) a firefighter or police officer who is temporarily disabled 47 by an illness or injury that is not related to the person's line of duty may: (a)use accumulated sick leave, vacation time, and other accrued benefits before the person is placed on temporary leave; or(b) have another firefighter or police officer volunteer to do the person's work while the person is temporarily disabled by the injury or illness; (8) if able, a firefighter or police officer may return to light duty while recovering from a temporary disability, and, if necessary, the light duty assignment shall continue for at least one year; (9) after recovery from a temporary disability, a firefighter or police officer shall be reinstated at the same rank and with the same seniority the person had before going on temporary leave; and(10) another firefighter or police officer may voluntarily do the work of an injured firefighter or police officer until the person returns to duty. H.B. 2273 (M. Gonzalez)—Unemployment Benefits: would allow an individual to qualify for unemployment benefits if the individual involuntarily leaves the workplace because of sexual harassment and: (1) reports the sexual harassment to the individual's employer or a law enforcement agency; or(2) files a sexual harassment complaint with the Texas Workforce Commission or the Equal Employment Opportunity Commission. H.B. 2408 (Rodriguez)—Total Unemployment Benefits: would, among other things, provide that: (1) an eligible individual who is totally unemployed in a benefit period is entitled, for the benefit period, benefits at the rate of 2/43 of the wages received by the individual from employment by employers during that quarter in the individual's base period in which wages were highest; and(2) the maximum weekly benefit amount and the minimum week benefit amount are increased to 60 percent and 15 percent, respectively, of the average weekly wage in covered employment in the state. H.B. 2485 (Herrero)—Jury Service: would amend current law to add an exemption from jury service for: (1) a firefighter, including a fire chief, who is a permanent,paid employee of the fire department of a city or county or of a special district or authority that provides firefighting services; and(2) a police officer, including a police chief, who is a permanent,paid employee of the police department of a city or county. H.B. 2502 (Patterson)—First Responder Lifetime Income Benefits: would: (1)provide that, for a claim for lifetime income benefits by an employee who is a first responder, the maximum weekly income benefit in effect on the date the claim for lifetime income benefits is finally adjudicated by the Texas Division of Workers' Compensation or a court, as applicable, is applicable for the entire time that the benefit is payable; (2) add the following injuries to the list of injuries that are eligible for lifetime income benefits until the death of the employee: (a) an injury to the spine that results in substantial paralysis to the extent that the employee must use a wheelchair for mobility,regardless of whether minimal movement of an affected limb is possible; and(b) a physically traumatic injury to the brain resulting in the person having an incurable mental illness or intellectual disability; and(3) the amount of lifetime income benefits of an employee who is a first responder is 100 percent of the employee's average weekly wage. H.B. 2507 (S. Thompson)—Pay Discrimination: would provide, among other things, that: (1) for the purpose of an allegation of discrimination in payment of compensation, an unlawful 48 employment practice occurs each time: (a) a discriminatory compensation decision or other discriminatory practice affecting compensation is adopted; (b) an individual becomes subject to a discriminatory compensation decision or other discriminatory practice affecting compensation; or(c) an individual is adversely affected by application of a discriminatory compensation decision or other discriminatory practice affecting compensation, including each time wages affected wholly or partly by the decision or other practice are paid; (2) an employer, including a city, commits an unlawful employment practice if the employer: (a)verbally or in writing inquiries into an applicant's wage history information from the applicant or from a previous employer of the applicant; or(b) requires disclosure of an applicant's wage history; and(3) an employer commits an unlawful employment practice if the employer terminates, discriminates or retaliates against an employee, applicant, or other person because the person inquired about, disclosed, compared, or otherwise discussed an employee's wages or an applicant's prospective wages. H.B. 2524 (Reynolds)—Discrimination: would, among other things, provide that: (1) a person engages in a discriminatory practice if the person, because of the sexual orientation or gender identity or expression of an individual: (a) denies that individual full and equal accommodation in any place of public accommodation; or(b) otherwise discriminates against or segregates or separates the individual based on sexual orientation or gender identity or expression; (2) an aggrieved person may file a civil action in district court not later than the second anniversary of the occurrence of the termination of an alleged discriminatory practice to obtain the following relief with respect to the discriminatory practice: (a) actual and punitive damages; (b) reasonable attorney's fees; (c) court costs; and(d) any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in the practice or other appropriate action; and(3) an employer, including a city, may not discriminate against a person on the basis of sexual orientation or gender identity or expression. S.B. 818 (Powell)—Unemployment Compensation: would provide that: (1)benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the employee's last separation from the employer's employment before the employee's benefit year: (a)was caused by the employee being called to provide service in the uniformed services or in the Texas military forces, provided that the employer has not been found to be in violation of federal or state reemployment provisions with respect to the employee; and(2) an individual is not disqualified for unemployment benefits if the individual's separation from employment was caused by the individual being called to provide services in the uniformed services or the Texas military forces. S.B. 819 (Powell)—Unemployment Compensation: would provide that: (1)benefits computed on benefit wage credits of an employee or former employee may not be charged to the account of an employer if the employee's last separation from the employer's employment before the employee's benefit year resulted from the employee leaving the employee's workplace to protect the employee or employee's immediate family from family violence or stalking or violence related to a sexual assault; and(2) an individual is not disqualified for unemployment benefits if the individual leaves the workplace to protect the individual or the individual's immediate family from family violence or stalking or violence related to a sexual assault. 49 PURCHASING H.B. 2116 (Krause)—Architects and Engineers: would: (1)with certain exceptions, provide that a covenant or promise in, in connection with, or collateral to a contract for engineering or architectural services related to an improvement to real property is void and unenforceable if the covenant or promise provides that a licensed engineer or registered architect must defend a party, including a third party; (2)provide that a covenant or promise in, in connection with, or collateral to a contract for engineering or architectural services related to an improvement to real property may provide for the reimbursement of an owner's reasonable attorney's fees in proportion to the engineer's or architect's liability; and(3)provide that a contract for engineering or architectural services related to an improvement to real property may not require a licensed engineer or registered architect to perform professional services to a level of professional skill and care beyond that which would be provided by an ordinarily prudent engineer or architect with the same professional license under the same or similar circumstances. H.B. 2156 (Raymond)—Flag Purchases: would require: (1) each U.S. flag purchased by a city to be manufactured in the United States using materials grown,produced, or manufactured in the United States; and(2) each Texas state flag purchased by a city to be manufactured in this state using materials grown, produced, or manufactured in this state. H.B. 2246 (Shine)—Employee-Owned Businesses: would, among other things,provide that in purchasing goods or services, a local government may give preference to an employee-owned company domiciled in Texas if other considerations are equal. S.B. 779 (Hinojosa)—Professional Services: would add a forensic analyst, forensic science expert, and any service within the scope of the practice of forensic science to the list of professional services that must be procured in accordance with the Professional Services Procurement Act. S.B. 799 (Nelson)—Professional Services: would, among other things, give a governmental entity contracting for the services of physicians, optometrists, and registered nurses, where the number of contracts awarded is not otherwise limited, the option of making the selection and award on the basis of. (1)the provider's agreement to payment of a set fee, as a range or lump sum amount; and(2) the provider's affirmation and the governmental entity's verification that the provider has the necessary license and experience. TRANSPORTATION H.B. 2081 (Reynolds)—Crosswalk: would provide that it is a criminal offense for a person, with criminal negligence, to operate a motor vehicle within the area of a crosswalk and cause bodily injury to a pedestrian or a person operating a bicycle, scooter, electronic personal assistive mobility device, neighborhood electric vehicle, or golf cart. H.J.R. 109 (Walle)—Transportation Funding: would amend the Texas Constitution to provide that dedicated revenue transferred to the state highway fund may be used for constructing, maintaining, and acquiring rights-of-way for: (1)public transportation; (2)public bicycle paths; and(3)public sidewalks. (Companion bill is S.J.R. 40 by Miles.) 50 S.B. 763 (Powell)—Urban Air Mobility: would require the Texas Transportation Commission to appoint an advisory committee to assess current state law and any potential changes to state law that are needed to facilitate the development of urban air mobility operations and infrastructure in this state. (Companion bill is H.B. 2637 by Cook.) S.B. 826 (Hughes)—Digital Billboards: would: (1)require the Texas Department of Transportation(TxDOT) to enter into an agreement with a private entity to provide information necessary for certain statewide alert systems (e.g., Amber Alerts, Silver Alerts)through a system of dynamic message signs that are: (a) located across the state; and(b) capable of displaying digital images useful in locating the missing individual; (2)require that the agreement in(1) generate net revenue to the state, and prohibit tax revenue from being used to fund the installation and operation of the dynamic message signs; and (3)provide that TxDOT does not have to comply with(1) if it would result in the loss of federal highway funding or other punitive action would be taken against the state due to noncompliance with federal law, regulation, or policy. S.J.R. 40 (Miles)—Transportation Funding: would amend the Texas Constitution to provide that dedicated revenue transferred to the state highway fund may be used for constructing, maintaining, and acquiring rights-of-way for: (1)public transportation; (2)public bicycle paths; and(3)public sidewalks. (Companion bill is H.J.R. 109 by Walle.) UTILITIES AND ENVIRONMENT H.B. 1820 (Zwiener)—TCEQ Penalties: would, among other things: (1)provide that the Texas Commission Environmental Quality(TCEQ) may increase the amount of a penalty assessed under the bill by an amount not to exceed an unspecified percentage of the maximum authorized penalty if the alleged violator has a history of previous violations; (2)require TCEQ to adjust its penalties for inflation each year; (3)require TCEQ to adopt rules to impose permit conditions that establish a: (a) maximum number of emissions events that may occur in a year before the commission will temporarily revoke the facility's permit or take another enforcement action; and (b) maximum volume of emissions events, expressed in terms of a percentage of permitted emissions, that may occur in a year before the commission will temporarily revoke the facility's permit or take another enforcement action; (4) establish an excessive emissions event penalty of not less than $1 per pound of each pollutant released that: (a) exceeds an authorized emission limit for the pollutant, or(b) is not authorized by any permit, permit by rule, or regulation; (5) create a toxic chemical emergency alert system; (6)require that the penalty for violation of a community right-to-know statute must be tripled if a first responder is injured as a result of exposure to a hazardous material while responding to an incident at the facility that is subject to the penalty; (7) increase the penalty for each violation not provided for in statute to $50,000 per day; (8)require that each day a continuing violation of a law under TCEQ's jurisdiction occurs to be considered a separate violation with certain exceptions; and(9) repeal the affirmative defense to TCEQ enforcement of an emission event under the Clean Air Act. H.B. 2148 (Stephenson)—Public Water Supplies: would require the Texas Commission on Environmental Quality to give notice of the contamination to the owner or operator of each public water supply system that may be affected by the contamination as soon as possible after 51 TCEQ detects or becomes aware of contamination of water that is a source for a public water supply and not later than the time TCEQ notifies the news media of the contamination. H.B. 2224 (C. Bell)—Municipal Water Rates: would provide that a city or a municipally owned utility may not establish a rate, applicable only to entities that qualify for a sales tax or property tax exemption, that is higher than a rate established for entities that receive comparable utility services. (Companion bill is S.B. 784 by Creighton.) H.B. 2275 (Zwiener)—Critical Infrastructure Resiliency: would: (1) create a water infrastructure resiliency fund that may be used by the Texas Water Development Board(TWDB) only: (a)to make a grant to an entity, including local government entities that provide water or wastewater services, for weatherizing and hardening water and wastewater systems, including, but not limited to: (i) covering wells; (ii)purchasing reserve power supply such as such as onsite generation and energy storage systems; and(iii)building connectivity to neighboring water suppliers; (b)to pay the necessary and reasonable expenses of the board in administering the infrastructure fund; (2)provide that in making grants under(1), the TWDB shall consider: (a)the expected number of individuals who will benefit from the project; (b) existing infrastructure and overall need for the project; (c)the potential benefit of the project to low income communities and areas in disparate parts of the state; (d) equitable geographic distribution of grants awarded throughout the state; (e)projects that utilize distributed energy resources; (f) the existence of matching federal funds for the project and if available federal funds have been exhausted; and(g) the total effect of the project's goals; (3)provide that a local government entity that provides water or wastewater service that receives a grant under(1) is required to provide a match of at least ten percent with an unspecified percentage of that match coming from local resources; (4) create a critical infrastructure resiliency fund that may be used by the Texas Division of Emergency Management(TDEM) to make a grant to an entity, including a municipally owned utility; (5) create the electric grid improvement account as an account that is part of the critical infrastructure fund, which TDEM may use to provide grants for related activities to: (a) localized improvements to the electric grid and other energy systems with onsite generation including, but not limited to, smart metering; and(b) improvements at and between buildings to create micro- grids using onsite generation and energy storage; (6) create a local communications resiliency account that is part of the critical infrastructure fund, which TDEM may use to provide grants for activities related to: (a) hardening lines of emergency communication; and(b)purchasing reserve power supply such as onsite generation and energy storage systems necessary to sustain emergency communications; and(7) create a medical infrastructure resiliency account that is part of the critical infrastructure fund, which TDEM may use to provide grants for activities related to purchasing reserve power supply such as onsite generation and energy storage systems necessary to sustain critical medical care. H.B. 2350 (Zwiener)—TWDB Financial Assistance: would, among other things: (1) create a water resource restoration program to be administered by the Texas Water Development Board to assist in enhancing water quality in Texas through the provision of financial assistance to political subdivisions for locally directed projects; (2)provide that a proposed project must be compatible with the goals of the program and include the application of best management practices for the primary purpose of water quality protection and improvement and may include: (a) the preservation or restoration of regional scale natural landscape features, including forests, 52 floodplains, and wetlands; (b)practices that reduce impervious cover in a watershed; (c) practices that increase water infiltration and retention, including the use of bioretention, trees, green roofs, permeable pavements,rain gardens, constructed wetlands, and cisterns; (d)the implementation of green streets in public rights-of-way or urban forestry program to manage stormwater and enhance tree health; (e)the expanded use of tree box filters; (f) stormwater collection and distribution systems, including cisterns, separate stormwater sewer systems, and downspout disconnection systems that use onsite stormwater management and remove stormwater from sewer systems; (g) soil quality enhancement activities; (h) the removal and replacement of turf with native grasses and vegetation that improve water infiltration; (i) the establishment or restoration of permanent riparian buffers, floodplains, wetlands, and other natural features including vegetative buffers, grass swales, soft bioengineered stream banks, and stream daylighting; 0) the management of wetlands to improve water quality and support water infiltration and retention; and(k) sustainable landscaping to improve hydrologic processes; (3) provide that a proposed project may not include: (a)passive recreation activities and trails including bike trails,playgrounds, athletic fields, picnic tables, and picnic grounds; (b) non- permeable surface parking lots; (c) stormwater ponds or dirt-lined detention basins that serve an extended or filtration function; (d) in-line and end-of-pipe treatment systems that only filter or detain stormwater without the use of natural plants and trees; (e)underground stormwater control and treatment devices, including hydrodynamic separators,baffle systems for grit, trash removal, and oil and grease separators; (f) stormwater conveyance systems, including pipes and concrete channels, that are not soil or vegetation based; (g)hardening, channelizing, dredging, or straightening streams or stream banks; (h) street sweepers, sewer cleaners, and vacuum trucks unless they support nature-based infrastructure projects; (i) supplemental environmental projects required as a part of a consent decree; or 0)the acquisition of property, an interest in property, or improvements to property through the use of eminent domain; and(4)require the TWDB to adopt rules to establish a means of prioritizing projects in disadvantaged communities. H.B. 2368 (Shaw)—Water Quality: would require the Texas Commission on Environmental Quality(TCEQ) to establish and maintain a portal for local governments to access: (1) information TCEQ has about water quality, including the results of an investigation it conducts; and(2) any discharge monitoring report TCEQ receives. H.B. 2369 (Shaw)—Weather-Related Disaster Emission Events: would require the Texas Commission on Environmental Quality to adopt rules to implement, in the event of a state or federally declared weather-related disaster, a system of staggered shutdowns for regulated entities located in the area covered by the disaster declaration that are required to report emissions events using certain criteria. H.B. 2370 (Morales Shaw)—Concrete Plants: would, among other things, provide that a representative of a school,place of worship, licensed day-care center, hospital, or medical facility or a person residing within 440 yards of a proposed concrete plant is an affected person and may request a permit application hearing with the Texas Commission on Environmental Quality. H.B. 2381 (Larson)—Texas Energy and Communications Commission: would establish the Texas Energy and Communications Commission to consolidate the functions of the Public 53 Utility Commission of Texas and the Railroad Commission of Texas. (Companion bill is S.B. 853 by Menendez.) H.B. 2422 (Zweiner)—Aggregate Productions: would authorize certain counties to: (1) prohibit the construction or expansion of an aggregate production operation at a location less than one mile from a residence, school, place of worship,hospital, or land platted for residential development; and(2) establish conditions on the construction or expansion of an aggregate production operation for locations in the county based on development patterns, distance from a roadway, traffic conditions, emission of dust from an operation, or public safety. H.B. 2470 (Rodriguez)—Public Utility Commission/Energy Blackouts: would require: (1) the Public Utility Commission to adopt rules to develop a process for obtaining emergency reserve power generation capacity as appropriate to prevent blackout conditions caused by shortages of generated power in the ERCOT power region; (2) the rules in(1) to provide: (a)parameters for estimating the amount of emergency reserve power generation capacity necessary to prevent blackout conditions; and(b) mechanisms for equitably sharing the costs of making the reserve capacity available and the costs of generated power provided to prevent blackout conditions; (3) an independent organization for the ERCOT power region to adopt procedures and enter contracts as necessary to ensure the availability of a defined amount of emergency reserve power generation capacity the organization may call on to prevent blackouts caused by shortages of generated power; and(4)the independent organization to use all other sources of power and demand reduction available before the independent organization calls on the emergency reserve power generation capacity to prevent blackout conditions. (Duplicate bills are H.B. 2472 by Thierry, H.B. 2480 by Reynolds, and H.B. 2506 by Jarvis Johnson.) H.B. 2476 (Allison)—Weather Emergency Preparedness: would require: (1) the Railroad Commission to require an operator of a gas well to implement measures to prepare the well to operate during a weather emergency; (2) the Public Utility Commission to require each provider of generation in the ERCOT power region to implement measures to prepare generation facilities to provide adequate electric generation service during a weather emergency; (3) the PUC to adopt rules that require each electric cooperative, municipally owned utility, and transmission and distribution utility providing transmission or distribution service in the ERCOT power region to implement measures to prepare facilities to maintain service quality and reliability during a weather emergency; and(4)the RRC to adopt rules regarding measures gas pipeline facility operators must implement to prepare gas pipeline facilities to maintain service quality and reliability during a weather emergency. H.B. 2481 (Reynolds)—Gas Weather Emergency Preparedness: would require: (1) the Public Utility Commission to require each provider of generation in the ERCOT power region to implement measures to prepare generation facilities to provide adequate electric generation service during a weather emergency; (2) the PUC to adopt rules that require each electric cooperative, municipally owned utility, and transmission and distribution utility providing transmission or distribution service in the ERCOT power region to implement measures to prepare facilities to maintain service quality and reliability during a weather emergency; and(3) the Railroad Commission to adopt rules regarding measures gas pipeline facility operators must 54 implement to prepare gas pipeline facilities to maintain service quality and reliability during a weather emergency. H.B. 2483 (P. King)—Utility Facilities for Restoring Service: would provide that: (1) a transmission and distribution utility may lease or own and operate facilities that provide temporary, emergency electric energy to aid in restoration of service to its own distribution customers during a widespread outage; (2) a transmission and distribution utility may procure and own, or enter into a cooperative agreement with other utilities to jointly procure and own, long lead time facilities that would aid in restoration of electric service for its own distribution customers following a widespread outage; (3) the Public Utility Commission shall permit a transmission and distribution utility that leases or owns and operates facilities under this section to recover the costs of leasing or ownership and operation of the facilities, using the rate of return on investment established in the final order of the utility's most recent base rate proceeding; (4) the PUC shall also authorize a utility to defer incremental operations and maintenance expenses associated with the leasing or ownership of the facilities for recovery in a future ratemaking proceeding; (5) a utility may request recovery of the costs of leasing or ownership and operation of the facilities under the bill, including any deferred expenses, through a proceeding for periodic rate adjustments or in another ratemaking proceeding; and (6) at the time the utility seeks cost recovery of the facilities under(5), it shall submit an analysis of the costs and benefits of owning versus leasing the facilities, if the facilities are available in the competitive marketplace. H.B. 2526 (Shaheen)—Electric Grid Study: would: (1) require the Public Utility Commission to conduct a study on electric grid resilience and emergency response in electric power generation; (2)require that the study in(1) must include: (a) an analysis of: (i) technologies, methods, and concepts that may improve community resilience to frequent or long-duration power outages; (ii)upgrades and improvements to grid infrastructure to accommodate projected changes in power demand; and (iii)previous long-duration power outages that occurred over a large area to identify common elements and best practices for electricity restoration and the mitigation and prevention of future outages; and(b) the development of: (i) methods to improve government and community preparation for long-duration power outages and power outages that occur over a large area; (ii) tools to help electric utilities ensure continuous delivery of electricity to emergency facilities; (iii)tools to improve coordination between the independent organization for the ERCOT power region, entities that distribute electric energy, and political subdivisions; (iv)technologies and capabilities to withstand and address the current and predicted effect of extreme weather events and other natural disasters, including the effect of the changing climate on electric grid infrastructure; (v) methods to improve information sharing between relevant federal and state agencies in the event of a mass power outage, or a physical or cyber attack on electric infrastructure; (vi) advance monitoring, analytics, operation, and controls of electric grid systems to improve electric grid resilience; (vii) methods to maintain cybersecurity during restoration of electric grid infrastructure and operation; and(viii) methods to strengthen against or otherwise natural hazards; (3)provide that in conducting the study, the PUC may collaborate with other state agencies, institutions of higher education, nonprofit corporations, electric utilities, and other interested persons; and(4)provide that the PUC shall report the results of the study to the legislature by September 1, 2022. 55 S.B. 744 (Springer)—Electric Utilities: would, among other things, require an electric utility to create and post on its website a map of Feeder lines and all other lines that connect a substation to the area where power is to be finally distributed to the consumers. S.B. 784 (Creighton)—Municipal Water Rates: would provide that a city or a municipally owned utility may not establish a rate, applicable only to entities that qualify for a sales tax or property tax exemption, that is higher than a rate established for entities that receive comparable utility services. (Companion bill is H.B. 2224 by C. Bell.) S.B. 817 (Gutierrez)—Winterization for Electric Utilities: would: 1. require the Public Utility Commission to require electric utilities, power generation companies, municipally owned utilities, and electric cooperatives that operate generation facilities in Texas to: a. prepare for extreme weather events to ensure reliable operation, meaning operating the elements of the power system within equipment and electric system thermal, voltage and stability limits, so that instability, uncontrolled separation or cascading will not occur as a result of a sudden disturbance, including a cybersecurity incident or unanticipated failure of system elements; b. obtain or perform a comprehensive engineering analysis to identify potential freezing problems or other cold weather operational issues; c. ensure that its heat tracing, insulation, lagging and wind breaks are designed to maintain water temperature (in those lines with standing water) at or above 40 degrees when ambient temperature, taking into account the accelerated heat loss due to wind,falls below freezing; d. determine the duration that a power system can maintain water, air, or fluid systems above freezing when off line, and have contingency plans for periods of freezing temperatures exceeding this duration; e. establish policies that make winter preparation a priority each fall, establish personnel accountability and audit procedures, and reinforce the policies annually; f. develop a winter preventive maintenance program for its freeze protection elements, which should specify inspection and testing intervals both before and during the winter, and at the end of winter, an additional round of inspections and testing should be performed and an evaluation made of freeze protection performance, in order to identify potential improvements, required maintenance, and freeze protection component replacement for the following winter season; g. prioritize repairs identified by the inspection and testing the proper functioning of freeze protection systems will be completed before the following winter; h. perform an assessment for each generating unit to determine the proper placement of temporary or permanent wind breaks or enclosures to protect and prevent freezing of critical and vulnerable elements during extreme weather, including in enclosed or semi-enclosed spaces and provide that temporary wind breaks should be designed to withstand high winds, and should be fabricated and installed before extreme weather begins; i. install thermometers in rooms containing equipment sensitive to cold and in freeze protection enclosures to ensure that temperature is being maintained above freezing and to determine the need for additional heaters or other freeze protection; and j. fulfill any other standard adopted by the commission by rule concerning extreme weather preparedness; 56 2. require, before each winter begins and before a forecast freezing weather, electric utilities, power generation companies, municipally owned utilities, and electric cooperatives that operate generation facilities in this state shall inspect,test, or maintain: a. the power supply to all heat trace circuits, including all breakers and fuses; b. the continuity of all heat trace circuits, check the integrity of all connections in the heat trace circuits, and ensure that all insulation on heat traces is intact; c. all heat trace controls or monitoring devices for proper operation, including but not limited to thermostats, local and remote alarms, lights, and monitoring cabinet heaters; d. the amperage and voltage for its heat tracing circuits and calculate whether the circuits are producing the output specified in the design criteria, and maintain or repair the circuits as needed; e. all accessible thermal insulation and verify that there are no cuts, tears, or holes in the insulation, or evidence of degradation; and f. the valves and connections are insulated to the same temperature specifications as the piping connected to it; 3. require electric utilities, power generation companies, municipally owned utilities, and electric cooperatives that operate generation facilities in Texas to train their personnel annually to increase awareness of the capabilities and limitations of the freeze protection monitoring system, proper methods to check insulation integrity and the reliability and output of heat tracing, and prioritization of repair orders when problems are discovered; 4. require that, during an extreme weather event, electric utilities, power generation companies, municipally owned utilities, and electric cooperatives that operate generation facilities in Texas to: a. schedule additional personnel for around-the-clock coverage of the power system; and b. drain any non-critical service water lines in anticipation of severe cold weather; and 5. provide that a violation of Numbers 1-4, above that interrupts the delivery of water, electric, or gas utility service in Texas is punishable by a fine to not exceed $100,000 for each day the system remains in violation. S.B. 830 (Zaffirini)—Certificates of Convenience and Necessity: would provide that the Public Utility Commission by rule shall require the municipality or franchised utility to submit a report to the PUC verifying that the municipality or franchised utility has paid all required adequate and just compensation to the retail public utility for obtaining the Certificate of Convenience and Necessity for an annexed area previously served by the retail public utility. (Companion bill is H.B. 837 by Lucio.) S.B. 845 (Zaffirini)—Weatherization of Utilities: would, among other things: (1)require the Public Utility Commission to adopt minimum weatherization standards for electric utilities, transmission and distribution utilities, electric cooperatives, municipally owned utilities, and generation providers that ensure services remain reasonably reliable in extreme weather conditions; (2) impose an administrative penalty on utilities that fail to comply with(1) as follows: (a) 30 days after a violator is notified that a violation has been identified, the PUC shall impose of a penalty of not less than $25,000, unless: (i) the violator has requested a second inspection by the PUC during which they demonstrate the violation was remedied; or(ii) the violator has submitted a plan regarding how the violation will be cured, including a date by which the corrective measures will be complete, that is approved by the PUC; (b) 31 days after a 57 violator is notified that a violation has been identified, the PUC shall impose a minimum administrative penalty of not less than $2,500 for each day it continues; (c) 91 days after a violator is notified that a violation has been identified, the PUC shall impose a minimum administrative penalty of not less than $5,000, but not to exceed$25,000,per day for each day it continues; and(3)provide that the imposition of administrative penalties for a violation under(1) will cease upon completion of a second inspection conducted by the PUC during which they find the violation was remedied. S.B. 853 (Menendez)—Texas Energy and Communications Commission: would establish the Texas Energy and Communications Commission to consolidate the functions of the Public Utility Commission of Texas and the Railroad Commission of Texas. (Companion bill is H.B. 2381 by Larson.) S.B. 905 (Perry)—Potable Reuse of Wastewater: would: (1) define "direct potable reuse" as the introduction of treated reclaimed water either directly into a potable water system or into the raw water supply entering a drinking water treatment plant; and(2)require the Texas Commission on Environmental Quality to develop and make available to the public a regulatory guidance manual to explain TCEQ rules that apply to potable reuse. 58 Doing Business with Local Government & State Agenc *ies The City of Denton invites you to join us for an online workshop about doing business with local governments and state agencies, including the ` procurement process, bids, contracts, and more. This workshop will cover: ■ The basics of doing business with local governments and state agencies ■ How to become a certified Historically Underutilized Business (HUB) or Minority/ Women-owned Business Enterprise (MWBE) ■ How to register as a vendor ■ How to respond to a solicitation ■ Benefits of public contracting ■ Benefits of registering as a diverse supplier ■ Upcoming business opportunities This is a FREE online workshop, but preregistration is required. Visit http://bit.ly/dentonsmallbiz or click"REGISTER' REGISTER Hosted in partnership with the Denton Black Chamber of Commerce and the following participants: NORTHNTRAL TEXAS COLLEGE STNT D e TEXAS WOMAN'S 0 DENTON UNIVERSITY North CentralTms Regional Certf atlon AWncy 03/01/2021•ADA/EOE/ADEA 59 TDD(800)735-2989 nENTON TDD(8 0)73 -2989 Questions? Contact Kay Brown-Patrick at Kay.Patrick(&cityofdenton.com Government Treasurers' Organization of Texas February 10, 2021 Randee Klingele Treasury Manager City of Denton 215 E. McKinney Denton, TX 76201 Dear Randee: On behalf of the Investment Policy Review Committee, I am pleased to inform you that the Government Treasurers' Organization of Texas (GTOT) has awarded the Certificate of Distinction to the City of Denton for its Investment Policy. Members of the Review Committee congratulate the Board for its commitment to maintaining a comprehensive written investment policy that meets the criteria set forth in the GTOT Investment Policy Review Checklist. Congratulations once again on an excellent policy and thank you for participating in our certification program. Your certificate is being mailed under separate cover and is good for a two-year period ending February 28, 2023. Sincerely, G" cad*Un't Amy Anderson GTOT Investment Policy Review Committee G T O?. 1155 Union Circle#305129 http://gtot.unt.edu/ An Affiliate of the Association ofPublic ;r!<....,e11T � Denton,TX 76203-5017 -369-8771 fax Treasurers United States and Canada �°a':,too°�� Est.19a� 60 Government Treasurers' Organization of Texas Investment Policy Certification Checklist Office Use Only Entity: City of Denton (Resolution No. 20-2429) Reviewer: Amy Anderson Date: 2/10/2021 *Applicant must indicate in this column where item is located in the investment policy submitted for review. (Example: Authorized and Suitable Investments, Section 6, page 10) CRITERIA PLACEMENT ACCEPTABLE UNACCEPTABLE IN POLICY* (RECOMMENDATIONS)** (RECOMMENDATIONS) Policy Statement Policy statement emphasizing the guiding principles SEC. I of the investment program and conformance to all PG. 1 YES statutes, rules and regulations governing the investment of public funds. Scope List of funds covered by the policy. Funds can either be defined specifically as they are listed in the CAFR, or more generally(i.e. short-term operating SEC.11 funds). This section should also specify which funds, Pc. 1 YES if any, are combined for investing purposes as a "pooled fund group", and which funds are managed as"separately invested assets", as defined in PFIA 2256.002(9). General Objectives Investment policy must primarily emphasize safety SEC. III of principal, liquidity[PFIA 2256.005(b)(2)], and PG.2-3& yield [PFIA 2256.005(b)(3)]. Policy includes SEC.VII SUB.A YES procedures to monitor rating changes and liquidation PG.8 of such investments consistent with [PFIA 2256.005 (b)(4)(F)]. Prudent Person Rule SEC. III SUB. F "Prudent Person"statement relating to the standard PG.3& of care that must be exercised when investing public SEC.VI YES funds. PFIA 2256.006(a-b) SUB. D PG.7 Capability of Investment Management Investment policy must address quality and SEC.VII YES capability of investment management. PFIA PG.8-12 2256.005(b)(3) Ethics Disclosure and Conflicts of Interest Investment Policy must require the investment officer(s)to file a disclosure statement with the Texas Ethics Commission and the governing body if: a.the officer has a personal business relationship with a business organization offering to engage in SEC.VI an investment transaction with the City(as defined SUB.B&C YES in 2256.005(i)(1-3)); or PG.6 b.the officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code,to an individual seeking to transact investment business with the entity. PFIA 2256.005(i) 61 CRITERIA PLACEMENT ACCEPTABLE UNACCEPTABLE IN POLICY* (RECOMMENDATIONS)"* (RECOMMENDATIONS) Delegation of Investment Authority Investment Policy must designate one or more officers of the entity as the investment officer(s) SEC.VI responsible for the investment of its funds(does not SUB.A YES apply to a state agency, local government, or PG.5-6 investment pool for which an officer of the entity is assigned by law the function of investing funds). PFIA 2256.005(f) Investment Training Investment training is required for the treasurer, CFO, and the investment officer(s)of a local government(see 2256.007 for training requirements for state agencies).Training must be received from an independent source, approved by the entity's governing body or investment committee, and must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with PFIA. The hours of training vary and must be completed within SEC.VI a specific number of months of taking office or SUB.A YES assuming duties. Thereafter, renewal training hours PG.5-6 must be completed every two years. (State Agencies, Higher Education, and Community Colleges training cycles are concurrent with the state fiscal biennium.)(Local governments training cycles are concurrent with the government s'fiscal year.)Training hours vary with entity types and investment holdings of municipalities and schools with local investments. Training requirements can be viewed at https://cpm.hps.unt.edu/trainina- requirements. PFIA 2256.008 62 CRITERIA PLACEMENT ACCEPTABLE UNACCEPTABLE IN POLICY* (RECOMMENDATIONS)"* (RECOMMENDATIONS) Signed Investment Policy Certification form HB 1701 changes"person"to"business organization"and narrowly defines business organization as either an investment pool or an investment management firm under contract to manage the entity's portfolio with discretionary authority. Very few investment management contracts for public funds grant such discretion, meaning investment pools will generally be the only organizations still required to sign this certification. This bill has all but killed the legal requirement for the policy certification Public entities may wish to revise their investment policy as it seems likely that brokers, absolved of this legal requirement, may no longer be willing to sign those certifications. Public entities should still provide their investment policy to their brokers,who in fact should be asking for it.Among other things, FINRA's"Know Your Customer" rules, largely established by the suitability SEC.XI requirements of FINRA Rule 2111, require that SUB. D YES brokers, "have a reasonable basis to believe that a PG. 15 recommendation is suitable for a particular customer based on that customer's investment profile." Providing the broker with your investment policy should very clearly describe your investment profile, particularly with regard to the primary objective of safety of principal. Compliant certification includes acknowledging that the business organization has: a.received and reviewed the entity's Investment Policy;and b.implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's Investment Policy,except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. PFIA 2256.005(k-1) Establishment and annual review of qualified bidders list Investment Policy must require either the entity's SEC.XI governing body, or its Investment Committee to, at SUB.B YES least annually, review, revise, and adopt a list of PG. 14 qualified brokers that are authorized to engage in investment transactions with the entity. PFIA 2256.025 Independent Third-Party Safekeeping Securities and collateral will be held by a third party SEC.XII custodian designated by the entity, and held in the SUB.A&B YES entity's name as evidenced by safekeeping receipts PG. 15-16 of the institution with which the securities are deposited. Delivery vs. Payment Investment Policy must require"delivery vs. SEC.XII payment"(DVP)settlement of all transactions, SUB.B YES except local government investment pool and mutual PG. 16 fund transactions. PFIA 2256.005(b)(4)(E) 63 CRITERIA PLACEMENT ACCEPTABLE UNACCEPTABLE IN POLICY* (RECOMMENDATIONS)"* (RECOMMENDATIONS) Competitive Bidding Investment Policy should require at least three competitive offers or bids for all individual security SEC. IX purchases and sales(excluding transactions with PG. 13 YES money market mutual funds, local government investment pools and when issued securities,which are deemed to be made at prevailing market rates). Suitable and Authorized Investments List the types of authorized investments in which the investing entity's funds may be invested. Investments authorized by PFIA are listed in Sections 2256.009—2256.016 and Section 2256.019—2256.0201. It is recommended that investment descriptions be either directly quoted SEC.VII from PFIA and/or referenced to PFIA. Be sure to SUB.B YES include minimum required ratings and maximum PG.8 allowable stated maturities,where applicable. If Repurchase Agreements are an authorized investment,the policy should require execution of a "Master Repurchase Agreement".Your policy may be more restrictive than PFIA and need not include every investment authorized by PFIA. PFIA 2256.005(b)(4)(A-B) Prohibited Investments An entity may choose to prohibit certain investments that are authorized by PFIA. The Policy should either: SEC.VII a.list prohibited investments, including those SUB. D YES specifically prohibited in PFIA 2256.009(b)(1-4); PG. 11 or b.state only those investments listed in this section are authorized. Effect of Loss of Required Rating All prudent measures will be taken to liquidate an investment that is downgraded to less than the SEC.VII SUB.A YES required minimum rating. PFIA 2256.021 (do we PG.8 need to state this twice, it was added to General Objectives) Collateral Policy The governing body must approve a written policy relating to collate ralization. It should be included in the Investment Policy and require collateralization SEC.XII for all uninsured collected balances, plus accrued SUB.A YES interest, if any. In addition,the policy should address PG. 15-16 acceptance, substitution, release, and valuation of collateral. Collateral for Public Funds, Chapter 2257,Texas Government Code Diversification and Maximum Maturities Investment policy must address investment SEC. III diversification, yield, and maturity. (Yield is normally PG.2-3&SEC. YES addressed under General Objectives following VII SUB. E primary objectives of safety of principal and PG. 11-12 liquidity.)PFIA 2256.005(b)(3) 64 CRITERIA PLACEMENT ACCEPTABLE UNACCEPTABLE IN POLICY* (RECOMMENDATIONS)"* (RECOMMENDATIONS) Investment Strategies The Investment Policy must require adoption by the governing body of a separate investment strategy for each of the funds, or group of funds, under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the SEC. IV investment to the financial requirements of the SUB.A-D YES entity; PG.3-5 (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield (assign performance benchmarks as appropriate)PFIA 2256.005(d) Weighted Average Maturity for Pooled Fund Groups If your entity combines funds as a"pooled fund SEC. IV YES group"for investing purposes,then the maximum SUB.A dollar-weighted average maturity of the portfolio, PG.4 based on the stated maturity date, must be included in your Investment Policy. PFIA 2256.005(b)(4)(C) Quarterly Reporting Investment Policy must require quarterly investment SEC.VI reports, prepared by the investment officer(s)and SUB. E YES submitted to the governing body. Specific PFIA PG.7 reporting requirements should be either be included in your policy or referenced to PFIA. PFIA 2256.023 Review by Independent Auditor Quarterly reports must be formally reviewed at least annually by an independent auditor and reported to the governing body. (An entity is exempt from this SEC.VI YES review if it only invests in money market mutual SUB. E funds, investment pools or accounts offered by its PG.7 depository bank in the form of CDs or money market accounts.) PFIA 2256.023 (d) Marking to Market The market value of the portfolio must be determined at least quarterly and included in the SEC.VI quarterly investment reports. The Investment Policy SUB. E&G YES must include methods to monitor the market price of PG.7-8 investments acquired with public funds(e.g. IDC, Bloomberg, etc.) PFIA 2256.005 b)(4)(D) Internal Controls Investment Policy must require, in conjunction with SEC.VI its annual financial audit, a compliance audit of SUB. E management controls on investments and PG.7& YES adherence to the entity's established investment SEC.XIII policies (see 2256.005(n)for the requirement for PG. 16-17 state agencies). PFIA 2256.005(m) Exemption for Existing Investments An entity is not required to liquidate investments that SEC.VII SUB.A YES were authorized investments at the time of PG.8 purchase. PFIA 2256.017 65 CRITERIA PLACEMENT ACCEPTABLE UNACCEPTABLE IN POLICY* (RECOMMENDATIONS)"* (RECOMMENDATIONS) Annual Review and Adoption of Investment Policy and Strategies Investment Policy must require the governing body to, not less than annually, adopt a written instrument SEC. I stating that it has reviewed the Investment Policy PC 1 YES and investment strategies and that the written instrument so adopted shall record any changes made to either the policy or strategies. PFIA 2256.005(e) **Reviewer may assign an "acceptable" grade to an item and, if desired, also indicate how the discussion of the item may be improved in the policy. Rev. 9119 66 ♦ ���•• ♦ • ••�•• ♦ • ••�•• ♦ • •� �• ♦ • ••W•• ♦#• ••w•• ♦ • •• •• • • ••�•♦ • • ••�•• ♦ • ••�•• • • ••w•• ♦ • ••W•• ♦ • ••W•, ♦-�-i♦-�-i♦-�-i♦-�-i♦-�-�♦-�-i♦-�-:�-V-i♦-�-�i-�-i♦-7-i♦-�. I ♦ ♦ 0 ; ►•• ''�I 4 Certification of Investment Policy 4 + 4 Presented to the (10 ''l# 4 Ctty of Denton ,. . (IM 1�10 for developing an investment policy that meets the requirements of the Public Funds ♦;♦0* • 1.;♦♦ I,,. Treasurers' • . . • (101 -'il D � � �- •, REASSURANCE �e � s PHONE LINE IS OPEN � (940) 349-8728 q IOW WE'RE PLANNI to `; � W, PLAY Dv,�ton narks and Recreation :ity of Denton P .t Click to Rea JO, I 1 x , _ II AIL y 'y, E - �' may,. `' •� _ :r'. � , � �_-- � _ . 1-7 it �v � 4 •7 s ,may Date: March 5, 2021 Report No. 2021-013 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide details on the archeological findings at the Hickory Creek Interceptor project site. EXECUTIVE SUMMARY: During the March 2, 2021 Capital Projects Update work session, Mayor Pro Tern Davis requested information on details associated with the archeological findings at the project site for the Hickory Creek Interceptor Project. BACKGROUND: As part of the Hickory Creek Interceptor project design, an archeological survey was conducted in October 2020 covering 2.46 miles of the proposed wastewater interceptor easement along Hickory Creek. The survey consisted of visual inspection and backhoe trenching of 24 trenches spaced approximately 476 feet apart and approx. 6.5-8.5 feet deep. Two archeological sites were recorded, one formerly known near Bonnie Brae but the area has expanded with this survey. The second is a newly found site near US 377. Both sites had similar characteristics. Specifically, they are deeply buried under more than a meter of =.' alluvium(clay or silt left by k flowing water) and both sites 41DTN580 fl` exhibit burned sandstone rock �`�• i concentrations and mussel _ p. shell debris in a thick cultural i ! i :IL ` sediment zone marked by calcium carbonate filaments. 41DTN624 Both sites are of unknown eligibility as State Antiquities ' Landmarks until further testing is completed. ^ To-date, one artifact has been collected, a Kent-like dart point (arrowhead). All remaining material at the sites has been field recorded instead of collected. Site locations are depicted above 70 Date: March 5, 2021 Report No. 2021-013 Conclusion/Next Steps: An archeological survey found that the two sites contain indigenous pre-contact period features. As avoidance of the sites is not feasible for completion of the Hickory Creek Interceptor Project, formal eligibility testing for them has been recommended by the Texas Historical Commission (THC),the state board which oversees review and compliance for Section 106 of the National Historic Preservation Act (NRHP) and the Antiquities Code of Texas (ACT). Staff is currently working with a consultant to ensure necessary site protections and archeological discovery can occur while also proceeding with the selection of a contractor to construct the first two phases of the Hickory Creek Interceptor project. NORTHERN SITE SUMMARY SITE 41 DN580 N I KEY I Interceptor j �?` ►��. \ Gas Lme O SOm Exposed Health • I• �- �p 4Z,yk,� Remnant p os.Trencn \ Neg.Trench _--''-- Creek I` _______�___ �����♦�'___, Existing Manhole • _ -�• - C _. and Sewerr�j" Blanton Trench -y - ...'.ems. aK.• • n 2 Banar PalLYntlm no.M� .. :•. �r : � K ASS+';�+� �'�. � 4�F� ,j vi� .. ... ...i ..... �T. — ' 4 g �Y1; 1♦ 410N59a2014 4 .. \ m�i ill ill III'i iliili 51 a al lull \ A)Late Archaic/Woodland Period dart point on the surface of the exposed detention pond bank. 71 Date: March 5, 2021 Report No. 2021-013 B)Mussel shell fragments and burned sandstone from Trench 2 r f S Q Burned sandstone feature in floor of Trench 3 at a depth of 8.75 feet below surface. 72 Date: March 5, 2021 Report No. 2021-013 SOUTHERN SITE SUMMARY Four(4) trenches were tested positive (Trenches 12, 13, 14, 15). The main concentration of material at Site 41DN624 is located on the north site of the BNSF Railroad and US 377. Although the limits of the site are drawn to extend around Trench 15 on the south side of the roadway, investigators noted just two tabular burned sandstone rocks and just three mussel shell fragments in trench walls. D(12) E (13) I (15) Map Key 7renMes Neg Vos • 41DN624 —Interceptor canto lire O lntacep o Temp.Fsmt. 0 Interceptor perm E—t. D) Burned sandstone cluster Trench 12, buried 4.25 feet below surface. 73 Date: March 5, 2021 Report No. 2021-013 STAFF CONTACTS: Rachel Wood Deputy Director of Capital Projects (940) 349-7718 Rachel.Wood@cityofdenton.com Tracy Beck Construction Project Manager (940) 349-8925 Tracy.Beck@cityofdenton.com REQUESTOR: Mayor Pro Tern Davis STAFF TIME TO COMPLETE REPORT: One hour 74 March 5, 2021 Report No. 2021-014 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Criminal Trespass EXECUTIVE SUMMARY: On February 26, 2021, Council Member Armintor requested information on the Denton Police Department's policy in criminal trespass situations. This Informal Staff Report provides Mayor Hudspeth and Council information on laws regarding Criminal Trespass on private and public property. Texas Penal Code Section 30.05. CRIMINAL TRESPASS is attached. DISCUSSION: There are certain situations where the law doesn't have a black-and-white answer to the possession of property, and whether a situation constitutes criminal trespass. One such example is when a person has allowed a person they are dating to stay at their home for an amount of time, the relationship then sours, and the person now wants the other to leave, but violence has not occurred. Officers will respond and complete a report. Officers will attempt to determine the extent of the arrangement, knowing the information gained from each party will differ. Any written formal agreement between the parties, such as a lease, would lessen the officer's ability to make one party leave the home. Other details—such as splitting of bills, change of address on identification, and receipt of mail at the home by either party—that can be proven at the time will be considered by the officers. These details are not often able to be proven in the moment, on scene. Officers should ask the visitor to leave when formal documentation cannot be produced that would prove their claim to residency. If the visitor does not leave after being given notice, they could be arrested for criminal trespass. Some situations become more complicated when formal documentation cannot be produced but both parties agree that they have lived together for a long period of time (i.e. years). Officers' decisions should always be made with the sanctity of life and safety of the victim first in mind. In circumstances where two or more parties have any legal interest in the property, it is extremely doubtful that officers would issue a criminal trespass notice to either, since the department would consider the situation a civil matter. 75 March 5, 2021 Report No. 2021-014 ATTACHMENTS: Texas Penal Code Section 30.05. CRIMINAL TRESPASS STAFF CONTACT: Frank Dixon, Chief of Police/Interim Assistant City Manager 940-349-7925 Frank.dixon(kcityofdenton.com REOUESTOR: Council Member Deb Armintor STAFF TIME TO COMPLETE REPORT: 2 hours 76 Texas Penal Code Section 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building,or an aircraft or other vehicle,without effective consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purposes of this section: (1) 'Entry" means the intrusion of the entire body. (2) "Notice"means: (A) oral or written communication by the owner or someone with apparent authority to act for the owner; (B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; (D) the placement of identifying purple paint marks on trees or posts on the property,provided that the marks are: (i) vertical lines of not less than eight inches in length and not less than one inch in width; (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and (iii) placed at locations that are readily visible to any person approaching the property and no more than: (a) 100 feet apart on forest land; or (b) 1,000 feet apart on land other than forest land; or (E) the visible presence on the property of a crop grown for human consumption that is under cultivation,in the process of being harvested, or marketable if harvested at the time of entry. (3) "Shelter center"has the meaning assigned by Section 51.002,Human Resources Code. (4) "Forest land"means land on which the trees are potentially valuable for timber products. (5) "Agricultural land"has the meaning assigned by Section 75.001,Civil Practice and Remedies Code. (6) "Superfund site"means a facility that: 77 (A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or (B) is listed on the state registry established under Section 361.181,Health and Safety Code. (7) "Critical infrastructure facility" means one of the following,if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: (A) a chemical manufacturing facility; (B) a refinery; (C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (D) a water intake structure,water treatment facility,wastewater treatment plant, or pump station; (E) a natural gas transmission compressor station; (F) a liquid natural gas terminal or storage facility; (G) a telecommunications central switching office; (H) a port,railroad switching yard,trucking terminal, or other freight transportation facility; (I) a gas processing plant, including a plant used in the processing,treatment, or fractionation of natural gas; or (J) a transmission facility used by a federally licensed radio or television station. (8) 'Protected freshwater area" has the meaning assigned by Section 90.001,Parks and Wildlife Code. (9) "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state,negotiated an agreement after determining that the other state: (A) has firearm proficiency requirements for peace officers; and (B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. (10) 'Recreational vehicle park"has the meaning assigned by Section 13.087,Water Code. (11) 'Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. (12) "Institution of higher education"has the meaning assigned by Section 61.003, Education Code. 78 (c) Repealed by Acts 2009, 81st Leg.,R.S., Ch. 1138, Sec. 4, eff. September 1,2009. (d) An offense under this section is: (1) a Class B misdemeanor, except as provided by Subdivisions (2)and(3); (2) a Class C misdemeanor, except as provided by Subdivision(3), if the offense is committed: (A) on agricultural land and within 100 feet of the boundary of the land; or (B) on residential land and within 100 feet of a protected freshwater area; and (3) a Class A misdemeanor if: (A) the offense is committed: (i) in a habitation or a shelter center; (ii) on a Superfund site; or (iii) on or in a critical infrastructure facility; (B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the person has previously been convicted of- (i) an offense under this section relating to entering or remaining on or in property of an institution of higher education; or (ii) an offense under Section 51.204(b)(1),Education Code,relating to trespassing on the grounds of an institution of higher education; or (C) the person carries a deadly weapon during the commission of the offense. (d-1) For the purposes of Subsection(d)(3)(B), a person has previously been convicted of an offense described by that paragraph if the person was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication community supervision,regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from deferred adjudication community supervision. (d-2) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection(d)(3)(B),the defendant may raise the issue as to whether, at the time of the instant offense or the previous offense,the defendant was engaging in speech or expressive conduct protected by the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution. If the defendant proves the issue in the affirmative by a preponderance of the evidence,the increase in punishment provided by Subsection(d)(3)(B)does not apply. (e) It is a defense to prosecution under this section that the actor at the time of the offense was: (1) a firefighter or emergency medical services personnel, as defined by Section 773.003,Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances; (2) a person who was: (A) an employee or agent of: 79 (i) an electric utility, as defined by Section 31.002,Utilities Code; (ii) a telecommunications provider, as defined by Section 51.002, Utilities Code; (iii) a video service provider or cable service provider, as defined by Section 66.002,Utilities Code; (iv) a gas utility, as defined by Section 101.003,Utilities Code,which for the purposes of this subsection includes a municipally owned utility as defined by that section; (v) a gas utility, as defined by Section 121.001,Utilities Code; (vi) a pipeline used for the transportation or sale of oil, gas, or related products; or (vii) an electric cooperative or municipally owned utility, as defined by Section 11.003,Utilities Code; and (B) performing a duty within the scope of that employment or agency; or (3) a person who was: (A) employed by or acting as agent for an entity that had,or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and (B) performing a duty within the scope of that employment or agency. (f) It is a defense to prosecution under this section that: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and (2) the person was carrying: (A) a license issued under Subchapter H, Chapter 411, Government Code,to carry a handgun; and (B) a handgun: (i) in a concealed manner; or (ii) in a shoulder or belt holster. (f-1) It is a defense to prosecution under this section that: (1) the basis on which entry on the property was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is: (A) an owner of an apartment in a condominium regime governed by Chapter 81,Property Code; (B) an owner of a condominium unit governed by Chapter 82,Property Code; (C) a tenant or guest of an owner described by Paragraph(A)or(B); or (D) a guest of a tenant of an owner described by Paragraph(A)or(B); (3) the actor: 80 (A) carries or stores a firearm or firearm ammunition in the condominium apartment or unit owner's apartment or unit; (B) carries a firearm or firearm ammunition directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for residents or guests of the condominium property; or (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for residents or guests of the condominium property; and (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. (f-2) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 92,Property Code,was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of the leased premises or the tenant's guest; (3) the actor: (A) carries or stores a firearm or firearm ammunition in the tenant's rental unit; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's rental unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; and (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. (f-3) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 94,Property Code,was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of a manufactured home lot or the tenant's guest; (3) the actor: (A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home; 81 (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants'guests by the landlord of the leased premises; or (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants'guests by the landlord of the leased premises; and (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. (g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act(45 U.S.C. Section 151 et seq.). (h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection(d)(3)(A)(iii),the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the defendant proves the issue in the affirmative by a preponderance of the evidence,the increase in punishment provided by Subsection(d)(3)(A)(iii)does not apply. (i) This section does not apply if: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and (2) the actor at the time of the offense was a peace officer,including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure,regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon. 82 March 5, 2021 Report No. 2021-015 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Domestic Violence EXECUTIVE SUMMARY: During the February 12, 2021 Council Retreat, City Council members discussed how the Denton Police Department(DPD) educates, enforces, and works with partner agencies and the community to prevent domestic violence. This Informal Staff Report provides Mayor Hudspeth and Council information on how DPD is working to enforce Domestic Violence laws, educate the public, and protect victims. DISCUSSION: In mid-2017, the Denton Police Department partnered with International Association of Chiefs of Police (IACP) and Denton County Friends of the Family(DCFOF), through a grant, to train our officers to use a victim-centered approach in domestic violence cases. Specifically, nationally recognized trainers brought training to Denton that focused on Sex Assault and Strangulation. Additionally, the department attended training at other locations, and culminated in a meeting at the IACP Headquarters with the other departments who participated in the grant. Since January of 2019, the Denton Police Department has been in the process of completely overhauling existing policies (General Orders). As part of our agency Mission statement, we included language that was developed between DPD and IACP that says in part, "by keeping victims safe and holding offenders accountable." The Denton Police Department works very closely with Denton County Friends of the Family in outreach, education, and initiatives. DPD is a flagship agency for the Domestic Violence High Risk Team(DVHRT), which brings together law enforcement, prosecutors,probation/parole, counseling, and DCFOF to staff cases monthly. During these meetings, high-risk cases are discussed in a holistic manner, looking at all angles of them and those involved. An emphasis is made on keeping survivors safe from ongoing or escalating violence and connected to services. Additionally, DPD attends and participates in several community conversations facilitated by DCFOF, including "An Evening of Raised Awareness" on February 26, 2021, and"The Impact of COVID on Domestic Violence Cases,"to name a few. One very important initiative DPD is working on in 2021 is our Domestic Violence Strategic Plan, which will include our identifying and proactively tracking dangerous offenders in high- risk cases. We know in law enforcement that many times domestic violence cases begin with verbal abuse and intimidation and escalates to physical assault. Sometimes these cases manifest themselves in the most tragic manner: a domestic-related homicide. In 2020, the City of Denton had three (3) such cases. 83 March 5, 2021 Report No. 2021-015 The Denton Police Department is committed to maintaining our multi-faceted focus on training, equipment, and best practiced policy. All these areas are reviewed on, at a minimum, an annual basis, but many times as an ongoing practice. Additionally, this legislative session, Chief Dixon is lending his support for a bill to be named the Christine Blubaugh Act in coordination with other North Texas Chiefs. The bill, named in memory of a high school student killed by a former boyfriend, will create an ongoing educational program for public school children that will focus on education and awareness of domestic violence and dating violence. The department continues to utilize our social media channels and the City of Denton Communications team to facilitate the sharing of pertinent information related to domestic violence and will continue in this effort. Please feel free to reach out to Chief Dixon if you have any questions or concerns. ATTACHMENTS: Christine Blubaugh Act STAFF CONTACT: Frank Dixon, Chief of Police/Interim Assistant City Manager 940-349-7925 Frank.dixon&cityofdenton.com REOUESTOR: City Council STAFF TIME TO COMPLETE REPORT: 4 hours 84 By : . B . No A BILL TO BE ENTITLED 1 AN ACT 2 relating to requiring public schools to provide instruction and 3 materials and adopt policies relating to the prevention of child 4 abuse , family violence , and dating violence . 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : 6 SECTION 1 . This Act may be cited as the Christine Blubaugh 7 Act . 8 SECTION 2 . Section 28 . 002 , Education Code , is amended by 9 adding Subsection (u ) to read as follows : 10 (u ) As part of the essential knowledge and skills for the 11 health curriculum under Subsection ( a) ( 2 ) (B) , the State Board of 12 Education shall adopt rules requiring students to receive 13 instruction on the prevention of child abuse , family violence , and 14 dating violence at least once in middle or junior high school and at 15 least twice in high school . The instruction must include 16 information on : 17 ( 1 ) the dating violence policy adopted by the 18 student ' s school district under Section 37 . 0831 ; 19 ( 2 ) the prevalence of dating violence and the 20 recognition of abuse warning signs ; 21 ( 3 ) the procedures for reporting violence or abuse ; 22 and 23 ( 4 ) educational materials or resources available to 24 students under Section 37 . 0831 ( c) 87R1285 TSS-D 1 85 1 SECTION 3 . The heading to Section 37 . 0831 , Education Code , 2 is amended to read as follows : 3 Sec . 37 . 0831 . DATING VIOLENCE POLICIES ; EDUCATIONAL 4 MATERIALS AND RESOURCES . 5 SECTION 4 . Section 37 . 0831 , Education Code , is amended by 6 amending Subsection (b) and adding Subsection ( c) to read as 7 follows : 8 (b ) A dating violence policy must : 9 ( 1 ) include • 10 (A) a definition of dating violence that includes 11 the intentional use of physical , sexual , verbal , or emotional abuse 12 by a person to harm, threaten , intimidate , or control another 13 person in a dating relationship , as defined by Section 71 . 0021 , 14 Family Code ; 15 (B ) a clear statement that dating violence is not 16 tolerated at school ; 17 (C ) reporting procedures and guidelines for 18 students who are victims of dating violence ; and 19 ( D) information regarding the essential 20 knowledge and skills relating to dating violence required under 21 Section 28 . 002 (u) ; and 22 ( 2 ) address safety planning, enforcement of 23 protective orders , school-based alternatives to protective orders , 24 training for teachers and administrators , counseling for affected 25 students , and awareness education for students and parents . 26 ( c ) To the extent possible , a school district shall make 27 available to students : 87R1285 TSS-D 2 86 1 ( 1 ) age-appropriate educational materials that 2 include information on the dangers of dating violence ; and 3 ( 2 ) resources to students seeking help . 4 SECTION 5 . This Act applies beginning with the 2021 -2022 5 school year . 6 SECTION 6 . This Act takes effect immediately if it receives 7 a vote of two-thirds of all the members elected to each house , as 8 provided by Section 39 , Article III , Texas Constitution . If this 9 Act does not receive the vote necessary for immediate effect , this 10 Act takes effect September 1 , 2021 . 87R1285 TSS-D 3 87 Date: March 5, 2021 Report No. 2021-016 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: 2020 Stoke Denton Annual Report EXECUTIVE SUMMARY: Stoke Denton, operated by Hickory& Rail Ventures, LLC (HRV), provides support for the entrepreneurial, technology-focused, and start-up community in Denton. In Fall 2017, Denton City Council executed a contract with HRV for management of Stoke Denton. The management agreement is in place through June 30, 2021. As a requirement of the management agreement, HRV provides a comprehensive annual report to the City's Director of Economic Development that summarizes the outputs and outcomes related to membership, marketing, programming and events, and partnerships. BACKGROUND After a request for proposals (RFP 6571)process in Fall 2017, City Council awarded a one-year contract for management of the City's Stoke Denton Entrepreneur Center to Hickory& Rail Ventures (HRV), LLC. HRV began management of Stoke on Dec. 1, 2017. Throughout the first year of the contract, HRV met all contract terms. In November 2018, City Council approved an extension and amendment to the management contract that will continue until Feb. 28, 2021. On October 27, 2020, the City Council extended the management agreement through June 30, 2021 to align with the termination date of the City's lease at the Railyard. HRV is a local business founded by a Denton tech entrepreneur with established relationships in the Denton tech community. HRV's goal is for Stoke to be self-sustaining by the end of the City's lease term for the space, and its RFP pro forma was built on that goal. One of HRV's methods to work toward sustainability is to pay the City a $1,000/month rent offset in contract Year 2 and a $2,000/month rent and utility offset in contract Year 3. HRV began management of Stoke on December 1, 2017. The contract specified deliverables and metrics to be provided, including a comprehensive annual report and a semi-annual report. In addition, City and HRV staff meet regularly to review and discuss Stoke's monthly report, ensure that all conditions are being met under the contract, and to identify opportunities for business development and collaboration. Annual Report Summary Attached as Exhibit 1 is the annual report provided by HRV for Stoke Denton, which includes metrics related to membership, marketing, programming and events. Key takeaways from the report include: • Of 64 member companies at Stoke Denton, 48% are technology-based. 88 Date: March 5, 2021 Report No. 2021-016 • While most companies paid for virtual memberships or access to the general coworking area, Stoke maintained consistent memberships for companies who required a dedicated private office for their operations. • In August 2020, Stoke and the Texas Woman's University(TWU) Center for Women Entrepreneurs launched AccelerateHER, a startup program for female entrepreneurs. • Stoke sponsored the University of North Texas Hackathon in November and Texas Academy of Mathematics & Science hack events. • Stoke partnered with North Texas Central College to host a virtual tech career fair. • Stoke Executive Director, Heather Gregory, currently serves on the Denton Business Allies. This committee, coordinated by the City of Denton Economic Development Department, is a consortium of Denton civic leaders that aims to support local businesses with resources and educational efforts. • Stoke transitioned to virtual programming in March 2020. • Staff held weekly"Coffee+ Convo" and"Lunch+Learns"with local entrepreneurs and community members to maintain community connection. Programming was published on Stoke's social media channels. • In April, Stoke held"FlintConf," a startup conference for"hipsters, hackers, and hustlers." This three-day, virtual conference consisted of sessions focused on lean methodology, marketing, branding, finance, and wellness. • In September, Stoke organized"Big Ideas," a mixer for Denton creatives and entrepreneurs. Community members could share ideas and projects for improving Denton. • During Global Entrepreneurship Week, Stoke organized speakers to share branding tips, Denton's AccelerateHER program highlights, and a State of Entrepreneurship. The week ended with a virtual Denton startup crawl. • The year ended with a total of 69 events for members and 46 programs taught by mentors and leaders of the Denton entrepreneurial community. ATTACHMENT(S): Exhibit 1 —2020 Stoke Annual Report STAFF CONTACT: Jessica Rogers Director of Economic Development (940) 349-7531 Jessica.Rogers@cityofdenton.com REQUESTOR: Staff initiated PARTICIPTAING DEPARTMENTS: Economic Development STAFF TIME TO COMPLETE REPORT: 2 hours 89 Users YTD st� e I Users Users (previous year) Jan 500 J1 0 Jan 202o Feb 202o Mar 202o Apr 2020 May 202o Jun 202o Jul 2020 Aug 2020 Sep 2020 Oct 202o Nov 2020 Dec 2020 Overview Compared to Previous Period Users Sessions Trends YTD 7,737 * 7.2% 1.5K Sessions Avg.Session Duration 1K Sessions (previous Sessions year) 10 078 500 Avg.Session Duration r (previous year) * 9.8% 0 Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020 Avg. Session Duration 00:01 :17 -11.6% Bounce Rate YTD Bounce Rate 100% 69.0��O Bounce Rate Bounce Rate(previous 17.8% year) 50% Goal Completions 215 Jan 202o Feb 202o Mar 202o Apr 202o May 202o Jun 202o Jul 2020 Aug 2020 Sep 2020 Oct 202o Nov 2020 Dec 2020 -1 1.9% 90 QWebsite Goal Breakdown YTD NEWSLETTER SIGN UP Source/Medium 40 google/organic 22.4% 22.4% (direct)/(none) twu.edu/ referral google/cpc 20 dallasinnovates.com/ referral - . .• fb/ads 6% Stoke Coworking 0 Newsletter/email Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020 11.2% others —Newsletter Sign-up(Goal 1 Completions) —Newsletter Sign-up(Goal 1 Completions)(previous year) CONTACT FORM Source/Medium google/organic 6 google/cpc (direct)/(none) 4 �m.facebook.com/referral 16.7%/. t.co/referral 2 twu.edu/referral 0 Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020 —Contact(Goal 2 Completions) — Contact(Goal 2 Completions)(previous year) Source/Medium TOUR REQUESTS 0 google/organic 20 15.7% 0 google/cpc Stoke Coworking Newsletter/ email 10 (direct)/(none) 5.7°i° Form Submission/email � Facebook/post Instagram/post of photo and Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020 copy �others —Tour request Form Sub m it(Goal 3 Completions) — Tour request Form Submit(Goal 3 Completions)(previous y91r) 10°i° Top Cities by Users Top Channels Top Converters City Users - Pageviews Denton 1,545 Sessions Pageviews Dallas 1,186 � Organic Search (not set) 1,011 8.4% Direct 28.4% Fort Worth 242 •Organic Search Lewisville 149 Paid Search 8'4°�° • Direct • Paid Search Irvine 132 (Other) • Referral • Little Elm 129 (Other) Social 15.3% • Email Boardman 116 � Social Referral Frisco 113 Email Corinth 108 16.7% 0 1K 2K 3K 4K 5K 6K 7K 0 0 Top Traffic Sources Top Pages Stoke Coworking Users Demographics Stoke Memberships and Space Rental 13.3% •google Pricing—Stoke Coworking • (direct) AccelerateHER—Stoke Coworking • m.facebook.com RENT SPACE—Stoke Coworking • •fb mobile •desktop •facebook.com Stoke I Coworking,Meeting,and Office Space •tablet •twu.edu Events—Stoke Coworking • Instagram • Virtual Member—Stoke Coworking Stoke Coworking Newsletter Coworking—Stoke Coworking 25-34 Facebook 35-44 Dedicated Desk—Stoke Coworking others 45-54 18-24 0 1 K 2K 3K 55-64 500 1.5K 2.51K 3.5K 65+ Fm 92 Users 0 500 1 K 0 female 0 male 1111110 Users f� O G Social Media Followers Social Media Reach Facebook Reach Twitter Reach Instagram Reach Linkedln Reach 80K Facebook Twitter Instagram Linkedln ' 4K 60K - 40K ■ . 20K - 0 2K ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 1K Social Media Engagement 0 Facebook = Twitter Instagram Linkedln Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 1.5K Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 1K •" Blog Posts 500 ■ ■ ■ o ■ 0 3 Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 Social Media Traffic 2 m.facebook.com 41r facebook.com 390 Instagram 0 Facebook 40 I.facebook.com linkedin.com Linkedln 0 Jan 2020 Mar2020 May 2020 Ju12020 Sep 2020 Nov 2020 Twitter Feb 2020 Apr2020 Jun 2020 Aug 2020 Oct 2020 Dec2020 Im.facebook.com 191 others �Expertise Building Blog(broad/general info relate... =Stoke-Focused Blog(coworking info,event previe... 93 ►� Email Newsletter Subscribers Member Emails Email Subscribers — Member Newsletter Open Rate — Member Newsletter CTR — 80% 15% 800 60% 600 10°i° 40% 400 5% 20% 200 0% 0% 0 Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 General Newsletter Specialty Emails — General Public Newsletter Open Rate — General Public Newsletter CTR 40% 4% — Event Reminder CTR — Event Reminder Open Rate 2.5% 50% 30% 3% 2% 40% 1.5% 30% 20% 2% 1% 20% 10% 1% 0.5% 10% 0% 0% 0% 0% Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 Jan 2020 Mar 2020 May 2020 Jul 2020 Sep 2020 Nov 2020 Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 Feb 2020 Apr 2020 Jun 2020 Aug 2020 Oct 2020 Dec 2020 94 Stoke Keywords via Search Console Impressions Clicks 100 75 50 25 0 Jan 1 Jan 25 Feb 18 Mar 13 Apr 6 Apr 30 May 24 Jun 17 Jul 11 Aug 4 Aug 28 Sep 21 Oct 15 Nov 8 Dec 2 Dec 26 Facebook Advertising Conversions COST PER CLICK IMPRESSIONS • • • Newsletter S... =Contact(Goa... Tour request... 2 $3.38 0 • 74 $27.04 1 0 0 0 fb •� Google Ads Conversions Contact(Goal... Tour request... Newsletter Si... CLICKS COST PER CLICK IMPRESSIONS • • • W.1 22) 2) 138 / • L 1 2'7p NA 0 95 -1 Membership Breakdown Memberships + Venue Rental 100 � Office Memberships Nights and Weekends 80 Son Dedicated Memberships Virtual Memberships � Coworking Memberships Member Compa 60 MEN - - 64 40 WOMEN 20 Tours Given Ii I U I a Jan2020 Mar2020 May2020 Ju12020 Sep2020 Nov2020 Feb2020 Apr2020 Jun2020 Aug2020 Oct2020 Dec2020 41 Venue Rental Breakdown Total Venue Rentals 5 � Half Day Full Day • 4 � Hourly 3 2 of 1 4 8 Oj/o 0 Jan2020 Mar2020 May2020 Ju12020 Sep2020 Nov2020 Feb2020 Apr202o Jun2020 Aug2020 Oct2020 Dec2020 96 Events Educational Startup/Tech Mentor Sessions Member Events (Sponsored) • •p 0 L (Hosted) Me R • • I L ( • AOL Event Breakdown Number Of Events Event Attendees 150 15 100 50 5 0 0 Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020 Partnership Updates Program Updates TWU - In 2020 - Stoke and TWU Center for Women Entrepreneurs Coffee + Convo- In March we changed our weekly group mentor launched AccelerateHER - a startup incubator for women session to be held virtually over Zoom. entrepreneurs. This program received regional press coverage and Lunch + Learns - In March we transitioned our monthly Lunch + Learn forged new connections in the metroplex. to be held virtually on Zoom. We record the sessions and add them to Chamber of Commerce - Heather co-hosted the Denton Insider our content library on YouTube. Podcast from August-December. Additionally, Heather served on the FlintConf- FlintConf- Denton's startup conference for hipsters, steering committee for Denton Emerging Professionals with is a hackers, and hustlers was held virtually at the end of April. Three forthcoming program of the Chamber. afternoons of local speakers. Denton Business Allies - Heather is serving on the Denton Business Big Ideas - At the end of September we held our Big Ideas event where Allies committee coordinated by the Economic Development we heard business and civic ideas from the Denton community. Department. Global Entrepreneurship Week- The Stoke team planned a series of UNT- Stoke sponsored UNT Hackathon and TAMS hack events. virtual events for GEW including a startup crawl, panel discussion with NCTC - Worked to host a small virtual tech career event. 97 the member of the AccelerateHER cohort, and a State of Entrepreneurship talk. Hickory & Rail Ventures PROFIT AND LOSS January- December 2020 TOTAL Income 50000 Revenue 195,197.58 Total Income $195,197.58 GROSS PROFIT $195,197.58 Expenses 71000 Facilities 24,429.21 72100 Advertising &Marketing 6,758.51 72200 Bad Debt 600.00 72300 Bank Charges 15.00 72400 Communication 1,204.92 72500 Continuing Education 223.35 72550 Staff Development 1,142.44 72600 Dues&Subscriptions 1,020.36 73000 Insurance 1,702.00 74100 Lessee Expenses 4,107.13 74300 Merchant Fees 910.28 74400 Minor Equipment 1,609.69 74500 Office Supplies 2,056.91 74600 Payroll Processing 709.92 74700 Postage&Shipping 36.30 74800 Software 4,135.43 75000 Legal & Professional Services 1,361.50 76000 Travel 485.77 78000 Payroll Expenses 78100 Salaries 141,975.70 78600 Employee Benefits 10,070.29 78700 Payroll Taxes 10,928.44 78800 Contractors 2,930.50 78900 Reimbursements 121.33 Total 78000 Payroll Expenses 166,026.26 Total Expenses $218,534.98 NET OPERATING INCOME $-23,337.40 Other Expenses $52.00 NET OTHER INCOME $-52.00 NET INCOME $-23,389.40 98 Cash Basis Monday,January 18,2021 11:41 AM GMT-06:00 1/1 FY 20/ 21 Council Requests Open Requests Requests Answered by Department FY All Time Request Volume by 1/21 Council Person Paul Meltzer Deb Armintor Community Svcs John Ryan Environmental Svcs I Jesse Davis Public Works Mayor Gerard Hudspeth Utilities _ Birdia Johnson CMO Connie Baker Library 32% Legal 0 1 2 3 4 5 Fire Police Tech Semces Airport Requests • _ by Quarter Public Affairs: Customer Svc - Economic Development 159 Development Svcs 200 117 Finance 100 Audit 0 0 Municipal Court 0 Paul Meltzer • Deb Armmtor • John Ryan a 1 20/21 _- = 103 1 Q4 20,21 Procurement Real Estate • Jesse Davis • Mayor Gerard Hudspeth Risk Birdia Johnson • Connie Baker Other 0 s0 100 150 Total Open Elected Official Some requests involve multiple departments,causing the Requeststotal requests by department to add up higher than the Submit New total request count 9 99 Request T Council Requests for Information Council Member Requestor ate Summary of Request Staff Assigned Council Member Armintor 01/31/21 like to formally request that City Council approve changing all forms of"he or she,""him or her,""his Sarah Kuechler City Manager's Office This request will be presented during a future Pending Council or hers"in city policy to the grammatically appropriate form of they/them/theirs in any city Request work session documents,written policies,and laws that can be changed without a Charter change. This change would not only make our city policies and documents more inclusive and welcoming to current and future residents,taxpayers,workers,and business owners who use they/them/theirs pronouns and identify as non-binary,it would also help to move us forward into the 21 st century as a modern, diverse,and inclusive city with more accuracy than"his or hers"constructions,since there are no city policies that apply only to people who use"his or her"pronouns and exclude people who identify as non-binary or use they/them/theirs pronouns. Council Member Armintor 02/01/21 can someone please find out for me how many individual new homes(i.e.not part of subdivisions) Richard Cannone Development Services Information will be provided in the March 5 Friday Report 2 have been built in EJ 1 in the past 5 years,how many subdivisions have been built in ETJ 1,and how many of those individual new homes not part of subdivisions were under non annexation agreements? Council Member Armintor 02/04/21 I'd like a staff report on what Texas cities can do to put caps on campaign spending and fundraising Sarah Kuechler City Manager's Office Information will be provided in a future Friday Report for city election campaigns,including a list of which Texas cities have caps and what their caps are. The dollar amount fundraised and spent in local elections has been increasing exponentially in 3 recent years,and this has become a matter of public interest and concern.At the very least,Council and the public should know more about what other Texas cities have done in this area and what our options are so that we can decide whether or not we want to enact campaign financing caps for Denton city elections as well. Mayor Pro Tern Davis 03/01/21 Can I get more information and perhaps some drawings for the Westgate Blvd.reconstruction Becky Diviney Public Works-CIP Information will be provided in a future Friday Report 4 project?It has bar ditches and no sidewalk now,and neighbors are curious about possible improvements.If the current bond project is only the southern end,when will the northern end be reconstructed? Council Member Ryan 03/02/21 At this point Denton County has seen zero deaths of those under 40.The vaccines have been Kenneth Hedges Fire Information will be provided in a future Friday Report prioritized to health care workers,first responders and those with health issues and over 65(the most vulnerable).The discussions of"herd"immunity showed we are slightly below 20%when you don't count untested positive cases.Do we have data on the percentage of Denton County residents over 65 who would be considered as having"herd immunity"?i.e.if 20%of DC is over 65 (roughly 176,000)and 20,000 have recovered,20,000 never tested but had it(about half the estimate)and 90,000 have received the vaccine we are at 74%herd immunity in the over 65 group. Council Member Meltzer 03/02/21 This a request for a one minute pitch to revisit the overly narrow way we adjudicate one minute Sarah Kuechler City Manager's Office This request will be presented during a future Pending Council pitches. Our goal should be to efficiently get to the best ideas. We should be able,within our time Request work session 6 constraints,to articulate modifications around the proposal such that the chair can discern a consensus,not solely whether the request can proceed exactly as written. If ten degrees off the proposal is a great idea,we should be able to efficiently find that as a group,and not settle for no action when that would be the worse outcome. 7 Council Member Meltzer 03/02/21 Can staff follow up on a resident's complaint about loud bass on his street? Frank Dixon Police Information will be provided in the March 5 Friday Report 8 Council Member Meltzer 03/04/21 Can staff provide information about the City Sponsorship timeline and check the link online? Cassey Ogden Finance Information will be provided in the March 5 Friday Report 9 Council Member Armintor 03/03/21 Are there any overhead shots of a neighborhood from the 1980's as requested by a resident? Jennifer Bekker,Scott Development Services Library Information will be provided in a future Friday Report McDonald 100 March 2021 EMISSION 1 2 3 4 5 6 Cancelled-9:00 am-COE 2:00 p m - C C Work 11:30 am-Traffic Safety 8:30 am-DEDC Se ssion Coimrussion 6:30 pm - CC Regular Cancelled-2:30 pm 12:00pm-Public Art Committee Luncheon Council Session Agenda Committee Luncheon—Joint DISD 5:00pm-P&Z 7 8 9 10 11 12 13 9:00am—PUB No Council Meeting Cancelled-11:00 am—EDPB 12:30 pm-Community Dev Adv 3:00pm Parks,Rec,Beau 1:00 pro-AAB Comm Cancelled-2:30pm Agenda Committee 3:30 pm-Library Board 14 15 16 17 18 19 20 3:00 pm-HLC 2:00 p m - CC Work 9:00 am-Ivbbility Comm tee 3:00 pm-CoPwD 9:00 am-Conramity Dev Adv Se ssion IVbeting Comm 6:3 0 pm - CC Regular 12:00 pm-DCRC 9:00 am-Community Partnership 12:00 pm-Human Svcs Adv Se ssion 5:00pm-P&Z Committee Comm pm 3:00 pm-Audit/Finance 21 22 23 24 25 26 27 9:00 am-PUB 10:00 am—CAC 12:00 pm-T1RZ No.l 10:00 am-Board of Ethics 11:30am—PUB/CCjoint meeting Cancelled-2:30 pm 2:00 pm - 4th Tuesday Agenda Committe( Se ssion 28 29 30 31 3:00 pm -ZBA No Council Meeting Cancelled-2:30pm Agenda Committee 101 April 2021 1 2 3 8:30 am-DEDC 4 5 6 7 8 9 10 9:00 am-COE 2:00 pin - CC Work 3:30 pm-Library Board 11:30 am -Council Session Luncheon 6:30 pm - CC Regular 3:00p.m.-HLC Session 10:00 am-Comnnrnity Engagement 11 12 13 14 15 16 17 9:00am-PUB 2:00 pin -2ndTuesday 11:00am-EDPB 3:00 pm-Persons with 9:00am-ComaRmityavAdv Session 12:30 pin-DCRC Disabilities Comm 5:30 pm-AAB 12:00 pm-1Lunan Svcs Adv Comm 18 19 20 21 22 23 24 11:30 am-Traffic Safety 2:00 pin - CC Work 9:00 am- Mobility Committee 9:00-Comirnurity Partnership Commission Session feting Committee 6:30 pm - CC Regular 12:30 pin-DCRC 3:OO Pin-Board ofEthics Se ssion 5:00 pin-P&Z 25 26 27 28 29 30 9:00 am-PUB 10:00 am-CAC 12:00 pm-DCRC 3:00pm-ZBA 2:00 pm -4th Tuesday Se ssion 102 May 2021 1 2 3 4 5 6 7 8 9:00am-COE 2:00 pm - CC Work 5:00 pro-P&Z 8:30am-DEDC Se ssion 12:00 pm-Bond Committee 6:30 pm - CC Regular 11:30 am -Council Session Lun c he on 10:00 am-Connmmity Engagement 9 10 11 12 13 14 15 9:00am-PUB 2:00 pm -2nd Tuesday 11:00am-EDPB 3:30p.m.-library Board Se ssion 5:30 pm-AAB 16 17 18 19 20 21 22 11:30 am-Traffic Safety 2:00 p m - CC Work 9:00 am-Ivbbility Committee 3:00 pm-CoPwD 9:00 am-Commvmity Dev Adv Comaussion Se ssion Nbeting Comm 6:3 0 p m - CC Regular 12:00 pm-Human Svcs Adv Se ssion Comm 23 24 25 26 27 28 29 9:00 am-PUB 10:00 am-CAC 12:00 pm-TIRZNo.1 3:00 pm-Board ofEdws 2:00 pm - 4th Tuesday Se ssion 30 31 Memorial Day Holiday 103 Cityof Denton City Hall 215 E. McKinney St. Denton,Texas 76201 www.cityofdenton.com DENTON Meeting Agenda City Council Tuesday, March 16,2021 3:00 PM Council Work Session Room WORK SESSION BEGINS AT 3:00 P.M.IN THE COUNCIL WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M.IN THE COUNCIL WORK SESSION ROOM Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session, closed meeting and meeting via video/teleconference. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Due to COVID-19 precautions, members of the public will not be able to attend the March 16, 2021, City Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card — On March 12, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item,no matter the method. Page I Printed on 31512021 104 City Council Meeting Agenda March 16,2021 • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, March 16, 2021, at 3:00 p.m. in the Council Work Session Room at City Hall, 215 E.McKinney Street,Denton,Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 21-228 Receive a report, hold a discussion, and give staff direction regarding an audit follow-up of accounts payable. B. ID 21-339 Receive a report, hold a discussion, and give staff direction regarding processes, impacts, and results of service delivery during the February 2021 inclement weather event by the following departments: 1. Facilities 2. Police/Fire/Emergency Management 3. Public Works: Streets,Drainage,Traffic 4. Public Works: Fleet 5. Human Resources/Risk Management C. ID 21-136 Receive a report, hold a discussion, and give staff direction regarding the Development Code Review Committee's role and responsibilities. D. ID 20-2387 Receive a report, hold a discussion, and give staff direction on pending City Council requests for information for: Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code,as amended,or as otherwise allowed by law. 1. Closed Meeting: -- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE DELETED. -- Page 2 Printed on 31512021 105 City Council Meeting Agenda March 16,2021 Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the Texas Government Code (the `Public Power Exception'). The City Council reserves the right to adjourn into a Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings Act,including,without limitation Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL WORK SESSION ROOM AT CITY HALL, 215 E. MCKINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S.Flag B. Texas Flag "Honor the Texas Flag—I pledge allegiance to thee,Texas,one state under God,one and indivisible." 2. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre-registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the "Virtual White Card" or `By Phone" process outlined by the City on its website or meeting notice. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual information; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. Page 3 Printed on 31512021 106 City Council Meeting Agenda March 16,2021 NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 3. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — U). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 21-336 Consider approval of the minutes of February 23,March 1,and March 2,2021. B. ID 21-338 Consider adoption of an ordinance approving a Preliminary Engineering Services Agreement by and between the City of Denton and the Kansas City Southern Railroad Company ("KCSRR") relating to the widening of South Bonnie Brae Street within the railroad right-of-way located at KCSRR Mile Post 103.24, within the County and City of Denton, Texas; providing for the expenditure of funds (the estimate is $10,000.00 for Preliminary Engineering; the City will receive a final invoice upon completion of the work); and providing an effective date. C. ID 21-368 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Denton County Friends of the Family, Inc.; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed twelve hundred and fifty dollars($1,250.00); and providing for an effective date. D. ID 21-369 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Denton Music and Arts Collaborative.; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing an effective date. E. ID 21-370 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Giving Hope, Inc.; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing an effective date. F. ID 21-371 Consider adoption of an ordinance of the City of Denton authorizing a service agreement between the City of Denton and Grace Like Rain; authorizing the City Manager, or his designee, to execute said agreement; providing for the expenditure of council contingency funds in an amount not to exceed four hundred dollars ($400.00); and providing for an Page 4 Printed on 31512021 107 City Council Meeting Agenda March 16, 2021 effective date. G. ID 21-329 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Bibliotheca, LLC, for the purchase of Radio Frequency Identification Hardware and Software including self-check kiosks with unlockers, automated return systems, staff equipment, and security gates at all Denton Public Library facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7450- awarded to Bibliotheca, LLC, for five (5) years, with the option for two (2) additional one (1) year extensions,in the total seven(7)year not-to-exceed amount of$554,600.00). H. ID 21-410 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a Professional Services Agreement with Schrickel, Rollins and Associates, Inc., for a design engineering report, final design, bid phase services, and construction administration services for the replacement of Lakeview Ranch Wastewater Interceptor, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-098 - Professional Services Agreement for design services awarded to Schrickel, Rollins and Associates,Inc.,in the not-to-exceed amount of$241,800.00). I. ID 21-411 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a Professional Services Agreement with Schrickel, Rollins and Associates, Inc., for a design engineering report, final design, bid phase services, and construction administration services for the Robson Ranch Wastewater Treatment Plant Lift Station Conversion, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-099 - Professional Services Agreement for engineering services awarded to Schrickel,Rollins and Associates,Inc., in the not-to-exceed amount of$240,500.00). J. ID 21-412 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Brandon & Clark, Inc., for the rebuild and repair of electric motors at the Water Production and Water Reclamation facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7482 - awarded to Brandon & Clark, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five(5)year not-to-exceed amount of$300,000.00). K. ID 21-413 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Global Pump Solutions, LLC, for the repair and rebuild of pumps at the Water Production and Water Reclamation facilities; providing for the expenditure of funds therefor; and providing an effective date (RFP 7482 - awarded to Global Pump Solutions, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions,in the total five(5)year not-to-exceed amount of$1,000,000.00). L. ID 21-416 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering Page 5 Printed on 31512021 108 City Council Meeting Agenda March 16, 2021 services in support of the Denton Square Pedestrian All-Way Crosswalk Improvements Design, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-101 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of$95,000.00). M. ID 21-417 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Safe Routes to Schools (SRTS) projects; Ginnings and Alexander Elementary Schools Sidewalk Improvements projects, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-102 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $215,000.00). N. ID 21-418 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for professional engineering services in support of the State Reimbursable Advanced Funding Agreement; North Texas Boulevard Improvements Project, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-103 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates,Inc. in the not-to-exceed amount of$338,900.00). O. ID 21-419 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering services in support of the State reimbursable Transportation Alternatives Set-Aside (TASA) Program project; Sycamore - Welch Active Transportation Connection Bike Lanes and Shared - Use Path Facilities project, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-104- Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates,Inc.,in the not-to-exceed amount of$250,000.00). P. ID 21-420 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for professional engineering services in support of the State reimbursable Congestion Mitigation and Air Quality (CMAQ) Improvement Program projects; Wilson and Pecan Creek Elementary Schools Sidewalk Improvements projects, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-105 - Professional Services Agreement for engineering services awarded to Kimley-Horn and Associates,Inc.,in the not-to-exceed amount of$150,000.00). Q. ID 21-422 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Page 6 Printed on 31512021 109 City Council Meeting Agenda March 16, 2021 Texas Fire & Sound, Inc., through the Buy Board Cooperative Purchasing Network Contract # 574-18, for the repair, installation, inspection, and maintenance of fire suppression systems, fire extinguishers, fire, and security alarm monitoring throughout City Buildings; providing for the expenditure of funds therefor; and providing an effective date (File 7598 - awarded to Texas Fire & Sound, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of$850,000.00). R. ID 21-423 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or her designee, to execute a contract with Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, for library collection analysis software package, CollectionHQ and ESP, which is the sole provider of this software, in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding, and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7478 - awarded to Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, in the five (5) year not-to-exceed amount of $92,000.00). S. ID 21-426 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Texas Series of Lockton Companies, LLC, amending the contract approved by City Council on August 4, 2020, in the not-to-exceed amount of $480,000.00; said first amendment for the cost of additional broker services; providing for the expenditure of funds therefor; and providing an effective date (File 7365 - providing for an additional first amendment expenditure amount not-to-exceed $75,000.00,with the total contract amount no-to-exceed$555,000.00). T. ID 21-427 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified real estate list of firms who have quantified their knowledge, experience, and credentials in acquiring property interests and relocation services for a public agency following Federal and State guidelines, who will be utilized for acquiring real property interests relating to capital projects and on city-wide department driven incentives within the City of Denton; and providing an effective date (RFQ 7480- for a three(3)year term). U. ID 21-202 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute a Wastewater Main Cost Participation Agreement with Sagebrook Denton LP, ("Sagebrook") for the City's participation in the oversizing of wastewater mains in accordance with the terms and conditions of this ordinance; authorizing the expenditure of funds therefore; and providing an effective date. (In the not-to-exceed amount of$216,000.00). 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 21-432 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, extending the effective period of the declared state of local disaster; Page 7 Printed on 31512021 110 City Council Meeting Agenda March 16,2021 superseding and replacing the Eleventh Order of Council of the City of Denton issued December 17, 2020 approved by Ordinance No. 20-2467, to provide additional requirements and guidance; confirming the expenditure of funds and authorizing the expenditure of additional funds; providing a repealer clause; and providing an effective date. B. ID 21-274 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, amending the FY 2020-21 Annual Audit Plan; and providing an effective date. C. ID 21-310 Consider adoption of an ordinance of the City of Denton authorizing the city manager to execute a ground lease termination and sales proceeds division agreement with the Denton Chamber of Commerce; authorizing the city manager to execute a sales contract; and providing an effective date. D. ID 21-415 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Freese and Nichols, Inc., for engineering-related on-call professional services, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-100 - Professional Services Agreement for engineering on-call services awarded to Freese and Nichols, Inc., in the three(3)year not-to-exceed amount of$3,031,783.00). E. ID 21-424 Consider approval of a resolution of the City Council of the City of Denton approving Civil Service Commissioner Lilyan Prado Carrillo's request for a leave of absence; and providing an effective date. F. ID 21-425 Consider approval of a resolution of the City Council of the City of Denton confirming the Interim City Manager's appointment of Jaime Blanton to the Civil Service Commission to serve for the remainder of Civil Service Commissioner Lilyan Prado Carrillo's term, which expires on August 31,2021; and providing an effective date. G. ID 21-229 Consider adoption of an ordinance of the City of Denton, Texas approving a Joint Election Agreement and Contract with Denton County for joint election services for the Denton regular municipal election being held for the purpose of electing Council Members to Districts 1, 2, 3, and 4 to be held on May 1, 2021, and a Runoff Election on June 5, 2021, if necessary, within said City at a total estimated cost of $ and providing an effective date. H. ID 21-428 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics, Committee on Persons with Disabilities, Community Development Advisory Committee, Health & Building Standards Commission, Historic Landmark Commission, Human Services Advisory Committee, Library Board, Parks, Recreation & Beautification Board, Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Traffic Safety Commission, and Zoning Board of Adjustment. 5. PUBLIC HEARINGS Page 8 Printed on 31512021 111 City Council Meeting Agenda March 16,2021 A. Z20-0013b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from General Office (GO) and Mixed-Use Regional (MR) Districts to Highway Corridor (HQ District on approximately 18.55 acres of land generally located on the southwest corner of the intersection of the I-35 Southbound Service Road and Barthold Road, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [5-1] to approve the request. (Z20-0013a, Loves Travel Stop, Julie Wyatt) B. S20-0010c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit to allow for a Bar, Tavern, or Lounge use on an approximately 0.451 acres of land, generally located on the southwest corner of Stroud Street and South Elm Street in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission vote [6-0]to approve the request. (520-001 Oc,400 S Elm Bar Use, Sean Jacobson). C. PD20-0002d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from General Office (GO) and Rural Residential (RR) Districts to a Planned Development (PD) District on approximately 90 acres. The site is generally located on the north side of Loop 288, between North Elm Street and Bonnie Brae Street, in the City of Denton, Denton County, Texas.; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. (PD20-0002d, Hirschbach,Julie Wyatt) D. Z20-0012b Hold a public hearing and consider adoption of an ordinance regarding an amendment to the Rayzor Ranch Overlay District to amend the concept and zoning map exhibits and amend development standards and design criteria for development within the eastern portion of the Rayzor Ranch South Campus - South Mixed Use District, being approximately 90.54 acres generally located on the south side of West University Drive/US 380, east of Heritage Trail, and west of Bonnie Brae Street in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. The Planning and Zoning Commission voted [7-0] to approve the request. (Z20-0012, Rayzor Ranch East Overlay Amendments,Hayley Zagurski). 6. CONCLUDING ITEMS Page 9 Printed on 31512021 112 City Council Meeting Agenda March 16,2021 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics,above posted. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas,on the 12th day of March,2021 at CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 10 Printed on 31512021 113 FUTURE WORK SESSION ITEMS MATRIX As of March 5,2021 Meeting Date Currently Slated Work Session Items 9-March 2021 No Meeting(Spring Break) Inclement Weather Update:Facilities, Police/Fire/Emergency Management, Public Works:Streets,Drainage, Internal Audit Follow-Up-Accounts Traffic Public Works:Fleet,Human 16-March 2021 Payable Resources/Risk Management DCRC Discussion Council Requests [Regular] 21-228 21-339 21-136 20-2387 23-March 2022 [Joint meeting w/PUB Inclement Weather Update: 11:30 a.m.to 2:00 DME,Water/Waste Water p.m.] 21-341 Inclement Weather Update: Parks and Recreation,Community Services, Finance/Purchasing/Warehouse/Com 23-March 2021 pliance,Public Affairs/DTV Legislative Update Council Requests [Special AT 3:00 P.M.] 21-342 21-080 20-2388 30-March 2021 No Meeting(5th Tuesday) Follow-Up-Loop 288 Building 5-April 2021 Agreement/MOU Council Requests [Luncheon] 21-431 21-188 Internal Audit-Utility Payment Assistance Program 20-2554 Certified Agenda Process for Closed B&C Handbook(including Attendance Municipal Court Payments Audit 6-April 2021 Meetings Policy) Policy for Naming of Parks 20-2553 Council Requests [Regular] 21-207 21-271 20-2320 21-189 Parkland Dedication&Development 13-Apri12021 Update on ETJ Items Hartlee Field Development Ordinance Mid-Year DEDP Update Council Requests IS TBD 21-383 21-109 21-384 21-190 Qualifying Expenses for Tax 20-April 2021 Mosquito Abatement Exemption of Historic Sites Council Requests [Regular] TBD 21-442 21-191 27-April 2021 Council Requests IS 21-192 3-May 2021 Council Request [Luncheon] 21-433 4-May 2021 Runoff Elelction Locations Council Request [Regular] 21-280 21-434 11-May 2021 Canvass General Election&Reception Council Request [Special] TBD 21-435 IS-May 2021 Council Request [Regular] 21-436 25-May 202IN Council Request [Special] 21-437 Delegated Authority 20-21 Utilities Budget and Rates Construction Code Review(TBD) DME Solar Programs TBD 20-2261 N C C Economic Development Incentive Redistricting Update Stormwater Master 20-2529 July 27 LED Lighting and Birds session June/July 2021 20-1661 a m pY Joint Meeting with City/DHA LA r6 JU NE 7 LUNCHEON 0J � N Fund Balance Policy(General Fund, Y Internal Service Fund,Utilities) L G 20-2394 114 Street Closure Report IMPROVING "TM Upcoming Closures F)F: N T(C)I OF DENTON Week of March 8,2021 -March 14,2021 N Street/Intersection From To Closure Closure Description Department Upcoming Public Other Deparim 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. Reconstruct;Scripture from Bonnie Brae to approximately 1,300 ft.to the west.This includes removal and replacement of failed sections of curb and gutter.Milling of the old asphalt pavement and the Scripture Bonnie Brae 1,300 ft.to 03/22/21 06/25/21 stabilization of subgrade and Streets Direct business contact (940)349-7146 the West the installation of new asphalt pavement. Phase I East Bound Outside Lane Phase 11 West Bound Outside Lane Phase III Middle Lane Total 6 Upcoming Closures 115 Street Closure Report IMPROVIto N Icoi -?IS- Current Closures -` F ON' Week of March 8,2021 -March 14,2021 DF: Street/Intersection To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Administratio Water Distribution will be Email Notification,Direct Bell Ave Chapel Dr n Dr 02/22/21 03/18/21 installing a new water main line Water business contact,N/A (940)349-7278 and services. Various traffic shifts will be required at the intersection of Engineering, NextDoor,Email Bell Ave McKinney Hickory 02/01/21 04/30/21 Bell and Oak(between Drainage,Public Notification,Direct (940)349-8425 Street Street McKinney and Hickory)in order Works business contact to cross Bell with a new Inspections drainage line on Oak Street. North South Water Main Phase Engineering, Temporary Flagging in Bonnie Brae IH 35E Scripture 06/15/20 07/30/21 3 Water all lanes for pipe Direct business contact (940)349-8938 delivery. Curb and Gutter Repair.The process starts with Barricading Carmel St Hobson El Paseo 03/08/21 05/07/21 the failed sections of,Curb and Streets N/A (940)349-7146 Gutter remove and install curb and gutter.Weather delays. UPDATE:Due to inclement weather,work has been delayed till the 22nd of February. Contractor for Vista Verde (Private Development)will be performing a bore and installing a water tap. Public Works Valley Creek San Jacinto Inspections, Colorado Blvd Rd Blvd 02/22/21 03/08/21 This will be a lane closure not a private NextDoor,Other (940)231-9036 full closure. Development See attached plan sheets for TTC. The TTC contains 2 phases. Phase one(Outside lanes,East and West)is set to last 3 days. Phase two(inside lanes,East and West)is set to last 4 days. Current Closures 116 Street/Intersection From To Closure Closure Description wADepartment Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Installing Valley Gutter across Cordell at the intersection at of Hillcrest. The process starts Cordell Hillcrest Intersection 03/01/21 03/19/21 with barricading then remove Streets N/A (940)349-7146 pavement and subgrade and install new concrete Valley Gutter. Raintree Riverchase Wastewater Collections will be Creekdale Dr Way Trl 12/09/20 03/27/21 installing a new wastewater Waste Water N/A (940)349-8909 main and services. Water Distribution will be Crescent Fulton Coit 03/01/21 04/03/21 installing anew water mainline Water NextDoor,N/A,Other (940)349-7278 and services. Concrete Street Panel and Sidewalk Repair.The process Drexel Purdue Hofstra 03/01/21 04/09/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Elm Hickory Prairie 05/11/20 04/30/21 PEC 4 Utility Project Engineering Direct business contact (940)349-8938 Concrete Street Panel and Sidewalk Repair.The process Friesian Morgan Cul v Sac 03/01/21 04/09/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Infrastructure Safety Upgrades Ft.Worth Dr.(US 377) IH 35E FM1830 10/17/19 03/12/21 &New Sewer Main Install TxDOT (940)349-8938 (temporary closures) Laying new waterline to the weather is delaying Highland Park Bonnie Brae Jasmine 01/25/21 03/10/21 along Highland Park towards Engineering testing of the new line in NextDoor (940)268-8946 Bonnie Brae. Highland Park. Current Closures 117 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Phase one should last two weeks.02-05-2021 thru 02-19- 2021 Contractor will be constructing the drive way approaches and will be moving traffic to the West side of Mayhill per Public Works attached plan Inspections, NextDoor,Email . Mayhill Morse MKinney St 02/05/21 03/12/21 Notification,Social 940-205-8278 Private media Phase 2 should last one week Development 02-19-2021 thru 02-26-2021 Contractor will be constructing the drive way approaches and will be moving traffic to the North Side of McKinney St per attached plan. McKinney-Mayhill Intersection This project is widening the intersection and 600'each way Mckinney duchess Glengarry 02/01/21 07/30/21 to match existing conditions Engineering NextDoor (940)349-7526 along McKinney.Also includes water,wastewater,and drainage improvements. The Downtown Storm Sewer Project will upgrade the storm drainage in the downtown Engineering, corridor along the West side of Drainage,Traffic, NextDoor,Email McKinney Railroad Ave Bell Ave 02/01/21 04/02/21 the UPRR tracks between Notification,Direct (940)349-8425 McKinney and Hickory.The Public Works business contact contractor will trench across Inspections Hickory in 3 phases to place storm sewer. Street Reconstruction Remove and replace curb and Mistywood Lane Woodhaven Jamestown 10/01/20 03/19/21 gutter as needed. Streets N/A (940)349-7146 Remove old asphalt and stabilize subgrade. Install asphalt pavement. Weather delays. Current Closures 118 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Adding drainage line to Oak Engineering, NextDoor,Email Oak Street Bell Street UPRR Railroad 02/01/21 04/30/21 Street as part of the Downtown Works Drainage,Public Notification,Direct (940)349-8425 Storm Sewer Project. Inspections business contact Old Bonnie Brae Roselawn Vintage 02/08/21 03/26/21 Bonnie Brae Phase 2 will be Engineering NextDoor,Direct (940)349-8938 repaving Old Bonnie Brae business contact 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&amp;2 Engineering Direct business contact (940)349-8938 Project. Street closed to thru traffic. Wastewater Collections will be Riverchase Trl Stoneway Dr Waterside PI 12/09/20 03/27/21 installing a new wastewater Waste Water N/A (940)349-8909 main and services. Update:Due to multiple rain events and below freezing temps,all concrete placement has been delayed.Therefore delaying the contractors drainage improvements and Public Works Ryan Rd Roxbury St FM 2181 01/04/21 03/12/21 road reconstruction.They plan Inspections, NextDoor,Email (940)268-9842 to be complete by 03-12-2021. Private Notification Development Contractor will be demoing the existing drainage and roadway and then installing drainage improvements across Ryan RD at the Hunter's Creek area. Wastewater collections will be Uland Railroad Rose 02/11/21 04/16/21 installing a new wastewater Waste Water NextDoor,N/A,Other (940)349-8909 main line and services. 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. Current Closures 119 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Public Works Western Blvd Airport Rd Jim Chrystal 12/21/20 03/31/21 Westpark Warehouse Phase 2 Inspections, Direct business contact (940)205-9230 Private Development Branch Install utilities and road NextDoor,Email Windsor Hanover Crossing O8/24/20 08/16/21 ng reconstruction Engineering Notification (940)349-7426 Total 27 Current Closures 120 Street Closure Report IMPROVING Completed Closures F)FNI11COKI DENTON Week of March 8,2021 -March 14,2021 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department JJ Start Date End Date Info/Notes Meeting Communication i Contact Water Distribution will be Email Notification,Direct Bell St University Dr Chapel Dr 12/14/20 02/12/21 installing anew water mainline Water business contact,N/A (940)349-7278 and services. Contractor for Vista Verde will be installing water improvements along the back of curb on the South side of Colorado Blvd. Public Works Valley Creek Greenspoint Inspections, NextDoor,Email Colorado Blvd Rd Circle 03/01/21 03/06/21 This is not a full road closure private Notification (940)268-9842 This is a single lane closure. Development See attached approved TCP. This be a minimal closure and should take one week max according to the contractor. Cresent Coit Caroll 03/01/21 03/05/21 Repair spalling on bridge deck. Streets N/A (940)349-7146 Water Distribution will be Fannin St Welch St Bernard St 12/21/20 02/26/21 installing anew water mainline Water N/A (940)349-7278 and services. 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. Concrete Street Panel and Sidewalk Repair.The process March Rail Cat Tail Heron Pond 01/11/21 03/05/21 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 01/20/21 02/10/21 installing a new wastewater Wastewater main and services. Completed Closures 121 Street/Intersection From To Closure Closure Description Department Upcoming Public Other Department Start Date End Date Info/Notes Meeting Communication Contact Concrete Street Panel and Sidewalk Repair.The process Purdue Drexel Syracuse 01/11/21 02/26/21 starts with Barricading the failed Streets N/A (940)349-7146 sections of concrete pavement, remove the pavement,and install new concrete. Waste Water, Pushed back a final two Greystar will be placing their Public Works weeks for patching of Spencer Road Bridges St. Mayhill Road 12/07/20 02/19/21 sanitary line along Spencer Rd Inspections, Spencer Road.Should Email Notification (940)391-6299 for the Elan Denton project. Private be finished before the Development 19th Total 8 Completed Closures 122