HomeMy WebLinkAbout07-21-1999
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July 21, 1999
Agenda Packet
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AGENDA
CITY OF DENT ON CITY COUNCIL
July 2l, 1999
Joint Meeting of the city of Denton City Council and the Denton Independent School
District Board of Trustees on Wednesday, July 21, 1999 at 12 noon in the Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Call to order; announce quorum
2. Receive a report and hold a discussion regarding the DISD and City's bond
issues,
3. Receive a report and hold a discussion on the latest legislative changes and their
effects on the DISD and City.
4. Receive a report and hold a discussion regarding the draft Comprehensive Plan.
5. Receive n report and hold a discussion regarding the latest subdivision
developments in the DISD and City.
6. items for future agendas.
7. Adjourn
CERTIFICATE
I ccrti fy that the above notice of meeting was posted on the bulletin board at the City Hall of
the City of Denton, Texas, on the day of , 1999 ao
o'clock(a m•) (p.m.)
CITY SECRETARY
NOTE; THE CITY OF DENTON CITY COUNCIL CIIAMBERS IS
ACCESSIBLE IN ACCORDANCE WITI1 171E AMERICANS WITH DISABILITIES
ACr. 1'HE CIJY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE `
HEiARINO IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF f
I IIE SCIIHAILED NI E77NG, PLEASE CALL THE CITY SECRETARY'S OFFICE
A'r 349.8309 OR USE TELECOMMUNI.ATIONS DEVICES FOR THE DEAF (TDD)
BY CALLING 1.800-RELAY-TX SO TJIAT A SIGN LANGUAGE INCERPRETER i
CAN IJF SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
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Memorandum
To: Mayor and Members of the City Council
From: Rick Svehla, Deputy City Manage
Date: July 16, 1999
RE: Joint Meeting with the DISD
Attached is the agenda for the joint meeting with the DISD which will be
held Wednesday, July 21, 1999 in the Council Work Session Room.
Mayor Miller, Trustee Rick Woolfolk, Superintendent Ray Braswell and I
met on Monday to develop the agenda. The meeting will start at noon
and should last approximately 2 Vh hours.
Please let me know If you require any further informatlon.
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CITY OF DENTON, TEXAS OFFICE OF THE CITY MAHAOEK-216 E MoHirl Stree f was 7120 Street-Dorilon, Texas 71113011
MEMORANDUM
DATE July 16, 1999
TO City Council Members and DISD Board Members
FROM. Rick Svehla, Deputy City Manager
SUBJECT: Update of the City of Denton CIP Blue Ribbon Committee
In the first pad of May, the City Council appointed a 49 member committee for a new capital improvement
bond election. They also elected Dr. Euline Brock as chairperson of the committee. The full committee met
and organized Into seven subcommittees to solicit input from specific entities In the city as well as the general
public The seven subcommittees consisted of one for the Planning and Zoning Commission, "City
Council, the Chamber of Commerce, a Public Hearings subcenimisee, a TWUlUNT/DISO subcommittee, a
County Commissioners subcommittee, and a City Staff subcommittee, All of those subcommittees have met
with their prospective groups and in the case of the Public Hearings suboommiltee they have hold four public
hearings as well as trying to contact all of the neighborhood groups within the city of Denton, Beskies that
Input, Dr. Brock asked each of the 60 members to solia; 10 individual surveys from their friends,
acquaintances or business associates. This same survey was forwarded to groups like TW 1, UNT, DISO,
etc That data Is being collected now. A6 of that data will be presented to the full committee by the era of
July or the 6-st part of August.
On July 20, the full oommiheewill meet again and be reorganized into project leams. Eachleamwillbe "
responsible for one of these areas
o Transportation: Streets/Traf6cControVBikewayV$Idewalks/Atrport
Parks S Aecreation/BeoutificationiArts
s Facilities: Public Safety (PoiieWFire}Ribrariesl5eniorCenters
These teams will look at all of the pertinent survey data, prioritize the projects, and report back to the full
committee The full committee will then use this Information to help them develop a final CIP program
recommendation to the Council. The recommendation to Council Is scheduled In the SeplemberlOctober
time frame.
11 any of the board mbmbers or council members have further questions, we will try to answer them for you at
the point IingonWednesday.
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Rick Svehla
Deputy City Manager
www.ritwokenton.oom
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Long Range Plant
Deve,'opment Assessment
CayaclUt
District capacities are measured on the basis of "functional capacity" Functional capacity Is
defined as the total number of students that may be accommodated by the permanent educational
facilities at a campus. Classroom space is only one factor used to determine functional capacity.
Other factors include libraries, kitchens, restrooms, computer labs, and cafeterias. The use of
portables or odor temporary structures is not considered In the calcuatlon.
Enrollment has reached functional capacity at the elementary and middle school levels.
Additional high school capacity is available.
At an enrollm:nt of 6,1 l2 for 1998.1999, the District Is at 106 percent of its total elementary
school functional capacity. The District's 10 elementary campuses have a total functional
capacity of 5,789. Seventy-three portable buildings serve excess enrollment. The bond program
approved in 1996 will replace many of the portables with permanent classrooms. Major
renovations comple!.q for the 1999.2004 school year at the Rayzor and Wilson elementary
school campuses will add 212 students to the District's elementary school capacity and reduce
the number of portables used. With the increased capacity, the projected elementary enrollment
for 1999.2000 will be 108 percent of total functional capacity.
With the construction of the McMath Middle School, middle school functional capacity was
increased to 3,000. With a current enrollment of 3,023, D1SD is at 100 percent capacity. A
fourth middle school is planneai to open for the 2002.2003 school year. It will be built in the '
southern portion of the District and should meet immediate needs. Enrollment projections show
that the District will be required to open a fifth middle school by the 2005.2006 school year.
Official high school enrollment for the 1998.1999 school year Is 3,392, placing the District at 85
percent of its functional capacity. Another 608 students may be served at the two regular
campuses. Out-of4strict tr=tfers are projected to decrease by 150 to 200 students over the next
three years, providing additional capacity for in-district enrollment. DISD estimates Indicate that
a third high school will he required by the 2005.2006 school year.
Projected residential development is one of several factors creating capacity Issues for the
District. Local decisions regarding curriculum and educational programs have reduced the total
number of regular classrooms. State mandates l..,ve also required the conversion of regular
classrooms to other uses. As a result, the District's existing educational facilities are unable to
serve the same number of students
Several recant changes in curriculum have been made in an effort to enhance the quality of r, r
education In the District. This school year, the District has implemented full-day kindergarten.
Moving from a half-day program to a full-day program requires twice the space to serve the some
number of stud:nts. Technology h,v also been enhanced at each grade level. A classroom has {
been converted to an additional cornru~er lab at each campus. Foreign Ian3uage enhancements
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have •'so resulted in a act loss of classroom space. Classrooms have been converted to
additional foreign language laboratories.
Several state mandates have severely impacted campus capacities. State mandates to
accommodate special education students In the least restrictive envirw.-n+nt possible have had
the greatest Impact. Special education programs must now be provided o,t•site. Regular
classrooms have been converted to house special education programs. Again, the net result Is the
loss of classroom space and overall student capacity,
Finauclal
Based on District analysis of funding for the 1998-1999 school year, $4,321 of local funds must
be generated to educate one child. This calculation includes debt service. As additional debt Is
acquired for major renovation and construction projects, educational cost per student may rise In
order to maintain the current level of service.
A home valued at $241,568 would be required to generate the local funds to educate one child.
This value assumes that a new single-family unit would generate one student and that it would be
required to generate 100 percent of the local revenue.
DISD studies show that each new single-family unit generates .75 students. Adjusting the
necessary rate to fund. 73 students reduces the value to $186,426, Again, this value msumes that
a residence is required to generate 100 p.-cent of the local funds. The necessary value, d+^n•
further when non-residential development is factored.
According to the 1998 Property Value Study generated by the Comptroller of Public Accounts,
45 percent of the District's taxable value is generated from single-family residences. Multi•
fam lv accounts for 10 percent, Commercial value, including real and personal property, makes ,
up 25 percent of the tax roll value (SOURCE, 1998 Propery Value Study, Comptroller of Public
Accounts - Property Tax Division, January 23, 1998),
Based on the assumption that single-family residential to commercial ratios remain constant for
new development, the value required per new single-family residential unit drops. The- current
ratio of residential property to commercial property per $1 of taxable value is f to 0,30. For each
additional $1 of single-family value the District would enjoy a $0.30 increase in commercial
value, 'the it :rease in commercial value offsets the value required to educate students generated
Sy new single-family residential units. Applying the 1/030 ratio has the net effect of reducing
the necessary value of a single-Tamil) residence to $130,498. Industrial property Is excluded
from this calculation.
Factoring industrial growth according to the same assumption further reduces the necessary value
of a single-family unit. The ratio increases to 1/0.36 and the necessary value for it sings:-family
unit decreases to S 119,313. f' v
The values outlined here are based on District-wide data, DISD assumes that these ratios
increase for cities like Denton, which has a diversified tax base, while they decrease fcr cities
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like Corinth, which may be characterized as more of a bedroom community. The net result being
that the necessary value of a home In Denton would be less than the necessary value of a home In
Corinth. Economic development Is vital so that necessary residential values remain content.
Protected Student Growth
Student impact Is stratified by housing type. Pockets of residential development throughout the
District have been studied. Dcmographle trends have also been analyzed for selected cities and
selected geographic areas. Multipliers by" of reside.. tal development have : een established
to measure the impact of new residential development.
Single Family Residentlal Multiplier
A total of 5,624 single-family lots were surveyed throughout the District. Developments of all
ages and price ranges were included to develop data showing a true cross-section of existing
development. In all, 2,711 students, or.52 students per household, are enrolled In the surveyed
areas. Analyzing the data by grade level reveal the following densities: elementary .23
students per household, middle ...13 students per household, and high 16 students per
household (SOURCE: Single-Family Student Survey, D1SD, January 1999).
Density by grade level varied from area to area. The predominant variants appear to be housing
value and density, with the low to medium range properties in higher density areas generating a
greater amount of students. The low and high rarges by grade level varied as foCaws:
Elementary - Low: 09 High:.37
Middle - Low:.04 High: 25
High- Low:.09 High: 21
Student impact was also analyzed in the elementary a tendance areas that contain the majority of
the District's single family development. Enrollm... in the Borman, Houston, McNair, and
Wilson attendance zones totals 4.333. Student density for these zones Is.67 students per
dwelling unit, stratified as follows:
Elementary- .32 students per household 1
Middle - .17 students per household
High - .18 students per household
f (SOURCE: Single-Family Student Survey, DIED, January 1999) {
As with the survey areas, student Impact varied. Again, the primary determinants of student
Impact appear to be property value and density. Sttdent densities varied as follows:
Elementary - Low:.19 Hi& .34
biiddle - Luw:.10 High; IS A,
High- Low:.10 High:.21
AIthougli useful in terns of predicting enrollment in established portions of the District, it is
Important to profile student impact of new single-family development, New single-family
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residential development has many characteristics that may be considered atypical to much of the
District's established residential areas. Demographic detahave been analyzed from immediately
adjacent cities that have recently experienced single-family construction similar to new
development within DISD.
Residential growth from 1990 to 1998 in the cities of Corinth, Flower Mound, and Lewsiville
has been studied. School-age characteristics for each of the cities is outlined below:
School-Age Population Denslry per New Dwelling Unit
Flower
Agc Group Corinth Denton Mound Lewisville
<5 .22 .07 .23 .18
S to 9 .20 .10 .22 .20
10 to 14 .21 13 .20 .18
15 to 17 111 .06 .13 .10
TOTAL .73 .36 ,77 .66
(SOURCE: STF1A, U.S, Bureau of the Census, 1990, and Report of Market Trend,
Claritas, Inc„ April 1,1999)
New development within the cities of Corinth and Flower Mound has very similar age
characteristics. Residential development within each city is exclusively single-family detached.
Lewisville shows a smaller student impact. Lewisville experienced a signifi cant amouatof
multi-family and manufactured home development that lowers school-age impact per residential
unit.
School-age Impact in the City of Denton is approximately half that of the other cities. An I
extremely active growth spurt in university-oriented housing greatly reduces school-age
population per dwelling unit In Denton. However, growth characteristics similar to those shown
in Corinth and Flower Mound are expected for Denton's new single-family detached
development.
Based on the analysis as outlined above, estimated student impact for new single-family
1 residential development will be characteristic of that sec-1 in Corinth and Flower Mound. Actual
student impact per new single-family dwelling unit is estimated to be:
N Elementary: .30 students
Middle: .17 students
I High: ,18 students
TOTAL: .65 students
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The District's greatest challenge is its ability to provide adequate elementary school facilities to r `'a
keep pace with demand, Elementary school enrollment comprises the largest portion of the
student body anal is the portion of enrollmett growth that is felt most dramatically, In
consideration of growth impact and severe capacity issues at the existing elementary campuses,
an elementary school multiplier that helps the District stay ahead of the elementary curve is
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utilized. An additional consideration that must be made it planning fa elementary facilities Is
the aging of the early childhood population. New population moving Into the District contains
an increasing number of children below the age of five. These children wW Impact elementary
enrollment within the near future. These factors, ir addition to high-end ranges of elementary
student Impact In the surveyed areas, are the basis used to establish the final single-family
multipliers. For planning purposes, DISD estimates that the Impact of future single-family
development is:
Elementary: ,40 students
Middle: 17 students
High: Ig students
TcmA .75 students
Multi-Family Resldeatial Multiplier
DI SD has studies student Impoct4 of medium to large-scale multi-family developments. As with
single-family development, the D;strict's primary concern Is the Impact of new mull-family
construction. Apartment complexes containing 75 and more units were surveyed. The sridy
revealed the following student Impact per new multi-family unit;
Elementary: .04 students
Middle; .02 students
High: .03 students
TOTAL: .09 students
(SOURCE: Multi-Family Survey, DISD, January 1999)
As with the single-family multiplier, an adjustment to the elementary factor has been made to
help the Diat,lct stay abreast ofthe elementary enrollment curve. The data reveal that the most
recent 'Multi-family developments have student impacts hlghar than older complexes do. For
planting purposes, the estimated student Impact per new multi-family unit is:
Elementary: .05 students
Middle: .02 students
High; 03 students
TOTAL: A0 students
Manufactured Home Park Multiplier
P Tobile home parks within the District were analyzed. The study indicated the following student
impact per existing manufactured home:
Elementary: .23 students 1
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:Biddle: 10 students
High: .10 students Ile
TOTAL: .43 students
(SOURCE: Manufactured Home Park Survey, DISD, Jant ary 1999)
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According to North Central Texas Council of Govemmenu housing estimates for 1998, the
num')er of manufactured homes throughout the District has declined since 1990 (SOURCE: 1998
Current Housing Estimates, North Central Texas Council of Governments, May 1998).
Significant manufactured home park development Is not anticipated. In addition, planning
projections and future land use plans for the cities of Denton and Corinth do not account for
manufactured home park developments. Accordingly, the density factors raporied here are used
to assess manufactured he me ptrk student Impact.
Anticipoled Facility Needs
Historical Impact
Since 1961, DISD enrollment has grown at an average annual rate of approximately 3 percent.
Total enrollment grew from 5,008 in 1961 to 12,992 In 1998. Since 1990, the largest increase In
enrollment has been at the secondary level. From 1990 to 1998, secondary enrollment grew from
4,957 to 6,638 while elementary enrollment grew from 5,733 to 6,354. The additional 1,681
secondary students represent a 3.7 percent annual rate of growth while the additional 621
elementary students represent a 1,3- percent annual rate of growth. The proportion of secondary
enrollment has grown from 46 percent of total enrollment to 51 percent of total enrollment.
DISD has built facilities to keep pace with enrollment growth. Ryan High School was opened In
1991, Rivera Elementary School was opened in 1994, and McMath Middle School was opened
in 1998. These three facilities were built to serve enrollment increases experienced In the late 805
and early 90s. Major additions at many of the elementary campuses will meet enrollment
increases experienced since the mid-90s. However, these additions will only serve existing
enrollment and will not provide the necessary classroom space to serve new residential
development.
Enrollment data by mailing address show that enrollment outside the City of Denton has grown ,
faster than enrollment within the City, In 1991, 93 percent of all students had a Denton mailing
add.oss, in 1998, the percentage dropped to 88 percent. Students with mailing addresses in the
cities south of Denton have shown a marked increase in enrollment. Students with Argyle,
Bartonville, Corinth, and Shady Shores addresses account for 26 percent of the total enrollment
Increase from 1991 to 1998. Enrollment with a Corinth address accounts for 15 percent of the
total increase. Denton accounts for 64 percent of the Increase (SOURCE: Enrollment Data,
DISD, March 1999).
Piannin¢Prolecdon
DISD enrollment projections through 2020 show that an additional 15 elementary, four middle,
and two high schools will be required to serve new residential development. Facility needs are
ba<ed on DISD design standards, Schools will be designed to serve the following functional
capacities: elementary - 681 students, middle -1,000 students, and high - 2,000 students.
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New facility needs have been projected through the 2020.2021 school year. Facility needs are, (Jf
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Elementary Middle High
1999.2003 4 1 0
2004.2008 5 1 1
2009.2013 3 1 0
2014.2018 2 1 l
2019.2020 1 0 0
(SOURCE: Facility Construction Timetable, DISD, January 28, 1999)
The initial Impacts of significant residential growth are being felt. Residential development has
begun In the southern portion of the district first, primarily In Corinth and southern Denton. It is
expanding north from the cities of Lewisville and Flower Mound. DISD has estimated that the
current rate of development will be sustained over the next five years. As a result, enrollment is
projected to grow at a seven-percent annual rate during this period. The historical rate of growth
in c,roliment is three percent. Overall, enrollment Is projected to grow at a four-percent annual
rate from 1999 to 2020.
Final plat activity illustrates the residential growth padem within the District. From July 1997 to
March 1999, 3,621 single-family lots were final platted within DISD. In addition, three multi.
family developments to contain 1,167 units were approved. The McNair and Houston
elementary ettendance zones, the two southern-most attendance zones, contain 74 percent of the
single-family residential development and 82 percent of the rnuld-family residential
development, However, significant developments are in various platting and/or zoning stages in
the Rivera, Evers, Hodge, Ginnings, and Wilson attend&.. a arias. All told, substantial
residential activity is occurring in seven of 10 elementary attendance areas. A growth corridor
has developed that occupies the southern, eastern, and northern portions of the District.
Of the 3,621 single-family lots, 1,836 arc located within the McNair Elementary School
attendance zone, This represents 5l percent of all single family residential platting activity
within the district. Estimated enrollment impact for this area Is 734 elementary, 312 middle, and
330 high school students.
The Houston Elementary School attendance zone contains 848 of the platted single family lots,
23 percent of all lots platted. The zone also contains 959 of the approved tnuld-family units, 82
percent of all units. Estimated enrollment impact for all residential development is 387
elementary, 163 middle, and 181 high school students,
Concluslotn}
Enrollment trends from 1990 to 1998 have shown a shift in the student body toward secondary
level students. Active residential activity is projected to reverse this recent trend, having the
greatest impact at the elementary level. The major impact from new residential development is i
anticipated for the 2000.2001 school year. A seven-percent annual growth In student enrollment A,
is projected from 1999 to 2004. This is more thart double the three-percent annual growth rate 4 t
experienced from 1961 to 1998,
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Elementary school capacity Is the most immediate Issue facing the District. Curreet enrollment
Is higher than existing capacity and planned classroom additions will not adequately servo future
demand. The capacity Issue is further exacerbated by the recent changes In curriculum and
underfunded state mandates.
Middle school enrollment Is also at capacity. The construction of the fourth middle school in
Corinth Is projected to provide adequate service until the 200S-2006 school year. However, the
new facility will not open until 2002. Temporary classrooms may be required until the fourth
school is opened.
The District Is projected to have adequate high school space through the 2004.2005 school year.
Assuming that Denton Ifigh is expanded to a 2,000 srtdent capacity, an additional 608 student
may be served. In addition, the reduction of out-of-district transfers over the next three years
will provide additional capacity. Enrollment projections Indicate a third high school will be
necessary for the 2005-2006 school year.
The Initial impact on enrollment will be generated primarily from new residential development
along the F.M. 2181 corridor. However, residential growth is expanding to the east and north.
The short-term phase of new construction will include elementary and middle schools in the
F.M. 2181 growth corridor. Median-phases of construction will Include elementary and middle
school facilities in the east and the north. In the long-term additional elementary, middle, and
high school campuses will be needed to serve development south of F.M. 2181.
Attachments
1. Projected Student Impact: 2020
2. Future Fac'.lity Need: 2020
3. New Facilities Construcdon Timetable
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Attachment 1
Projected Studentlmpsct 2020 8
PROJECTED $1UDENT IMPACT
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fty of Denton Population and Houtin Projectlona: 2020
Planning Population out n increase Student Im cY Facif as Impact
Aron Ineneea S.F, M.F. E.8. M.S. H, S, TOTAL %P.I. E.S. M.S. I H.S.
1 ,709 1,50 75 30 45 151 5.6% 0.11 0.03 .02
2m 1,998 1,110 56 22 33 111 5.8% 0.08 0.02 0.02
3a 12,727 2,388 3,387 1,117 470 528 2,115 18.6% 1.64 0.47 0.28
3b (55%) 983 351 140 60 63 263 28.8% 0,21 0.06 0.03
4a 7,679 1,510 1,908 702 296 330 1,328 17.3% 1.03 010 OAT
4b 498 178 71 30 32 134 28.8% 0.10 0.03 0.02
5 9,458 1,959 2,207 B94 377 419 1,890 11.9% 151 0.38 0.21
6 20,120 4,168 4,694 1,902 802 891 3,695 11.9% 2.79 0.80 OAS
7(83%) 7,370 2,632 1,053 441 474 1,974 28.8% 115 0.45 0.24 ~
11(73%) 2,131 761 304 129 137 571 26,8% 0.45 0.13 0.07
14 10,255 2,124 2,393 969 409 454 1,832 17.9% 1.42 0.41 0.21
16 10,380 3,000 1,100 1,255 532 $73 2,360 22.7% 114 0,53 019
17 1,714 612 245 104 110 459 26.8% 0,36 0.10 0.06
18 9,747 3,461 1,392 $92 827 2,811 28.8% 2,0410-601 0.31
23,150 1 19,304 1 79,175 1 4.392 1 4,716 1 19,113 119.6%114.9414.301 2.3
• saea on 0111, 0. Ieam*"shtdteteeeelypnrodeanaef unk, 1009
eauneft: City of Corinth and any of D"W Popufaeon Foreeen, IM, D.I.I.D. DevefopmeM Impedt ewer, fan.
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Attachment 3
New Faalibes Construction Timetable
NEW FACILITIES CONSTRUCTION TIMETABLE
enrenta Middle High
Year Feclllties Dsmsn Nd Facilities Demand N Fiellitles Demand Need
1899 .1
2000 0 08 1.4 0 0,2 0 .1 -0
2001 1 0.8 1.2 0 0.2 0,5 0 0.1 -0.1
2002 0 0.9 21 1 0.3 -0.2 0 0.1 0.0
2003 2 0.8 1,0 0 0,3 0.1 0 01 0.1
2004 1 0.9 0.9 0 0.3 0.4 0 0.1 0.2
2008 1 1,0 0.8 0 0.3 0.0 0 0.2 -05
2007 1 1.0 0,8 0 0.3 0.3 0 0.2 -0.3
2008 1 0.8 06 1 0.2 -0.5 0 0,1 -0.2
2009 1 0.8 0.4 0 0.2 -0.3 0 0.1 -0.1
2011 1 0.7 -0,1 0 0,2 0.1 0 0.1 0,1
2012 0 01 0,6 0 0,2 0.3 0 0.1 0.2
2013 1 0.8 0,2 1 0,2 -0.5 1 0.1 -0.7
2014 0 0.6 0,8 0 0.2 43 0 0.1 -0.8
2018 0 0.5 0,6 0 0.1 -0.1 0 0.1 -0.4
2011 1 0.4 0.2 0 0.1 01 0 0.1 -0.3
2018 0 0.4 0,6 0 0.1 011 0 01 -01
2010 1 0.4 0,0 0 0.1 0.2 0 0.1 -0.1
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FACIUTIES:
New Campus to be opened for the Identified school year.
DEMAND:
Needed facilities generated from development occuring in the previous
calendar year.
NEED:
Unmet student capacity within the Identified school year.
NOTE; Demand and needs shown here are based on funodons! tapecides.
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MY OF DENTON, TEXAS ttttt>~tnl rraataaaatt
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MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Betty Williams, Director of Management &
Public Information
THRU: Rick Svehla, Deputy City Manager
DATE: July 9, 1999
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SUBJECT: Legislative Summary
At the Texas Municipal League Legislative Briefing held Monday. June 28a' in Austin.
TML's legal and legislative staff provided a summary of the 76th Legislative Session. As
outlined in the attached copy of the June 14, 1999, TML Legislative Update, a record
number of city-related bills sere pursued during the session. Overall, the hard work of
municipal officials across the state assisted the TML staff in successfully blocking
harmful legislation. However, the overall and-city sentiment prevalent among state
legislators has prompted TML officials to call for a complete review the current
legislative policy. Development of the new strategy emphasizing grassroot efforts needs
to be completed prior to the next legislative session.
The City of Denton's efforts over the last year and half proved to be very beneficial
during the current session. Stoning with the City's introduction of resolutions at the 1997
Texas Municipal League Annual Conference in Fort Worth, Denton was recognized as a
city that was not only being a watchdog, but was also a city prepared to take action where
necessary. City Council representatives along with staff members served on all five TML
legislative policy committees established in January 1998. In addition, staff members
monitored the work of several legislative interim comminees inIcuding electric utility
deregulation, telecommunications, and public information. At the 1998 TML Annual
Conference, the City of Denton was successful in having six of its proposed resolutions
included In TML's legislative program. J;-
"(H,fiwrnf !v (t~alrty ,G„•Kr"
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1999 Legislative Summary
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As the 76th legislature got underway, staff members monitored legislaticn through
professional organizations, legislative policy committee work and through the use of the
city's increased technological capabilities. City Council Members provided th:ir support
and testimony 'xhen called upon to travel to Austin on behalf of the city. Several staff
members have provided a summary of their activities for your review. It gets without
saying that Sharon Mays' efforts regarding electric utility deregula:ien were
extraordinary. While the rest of the staff prepared letters to legislators azd provided
testimony when called upon, Sharon spent a great deal of time in Austin at the Capitol
listening to committee meetings and talking to legislators protecting our interests. As is 4
evident from the attached reports, there were many areas of potentially harmful I
legislation that could have affected the city negatively. Overall, the City of Nnton was
well represented and our interests protected from this potentially harmful legislation.
At the TML briefing, TML representatives noted some items of interest regarding some
of the legislation that was passed. Three bills listed in the Update were vetoed by the
Oovemor. The bills include:
H.B. 247 • Neighborhood Associations; amends the Local Government Code to prc,,ide
that a city may insritute a pr.-gram to use volunteers from a neighborhood association to
help enforce cerain municpal health and safety ordinances in the association's
neighborhood.
H.B. 2155 - Plumbing, abolishes the Texas State Board of Plumbing Examiners, the Alf
Conditioning and Refrigeration Contractors Advisory Board, and the Texas Irrigators
Advisory Board and combined them all Into a new board. I
H.B. 2045 • Impact Fees: amends the Local Oovemment Code and reduced +he amount
of impact fees which could have been collected by 50 percent. This bill will uidoubtedly
come back in the next session of the !egislature, The Otvemor has called for an interim
committee to study this issue. Builders and developers actively lobbied for this
legislation by stating that Impact fees were double taxation. It will be necessary for
Denton and other municipalities to discuss the reason for impact fees with their
legislators to Increase their knowledge of how impact fees can and canact be used.
Additionally, the City of Denton will need to monitor the work of this Interim committee
and stay abreast of its activities.
A number of pieces of legislation were passed that were not harmful and may in fact
benefit cities. These include:
H.B. fly - Valld"IA! provides that a muncipal act or proceeding is valid after three r~ a
yea". This removes the possibility of litigation for procedural or technical errors e r J
discovered after the three year anniversary. (Full text version attached.)
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H.B. 954- Property Tax Notice and Hearing: rescinds the legislation adopted in 1997
which required a public hearing for any increase in revenue regardless of whether t'te
actual tax rate changed. The new legislation states that a public hearing is otuy required
when a tau rate exceeds 3% over the e0r.ive tar rate.
S.B. 1851 - Public Information: provides for many changes, some of which were more
favorable to cities than others. The update outlines many of the changes on page 3 and 9•
11.
H.B. 79 - Appralsq) Review Boards (ARBs1; relaxes the restrictionm on those who can
be appointed to serve on review boards.
S.D. 1118 - Tax Rdtj: amends the Tax Code to provide a date in which a taxing unit
must adopt a tax rate. This bill will not become effective until January 2000.
S.D. 441- Sales Tax Exemption: enacts sales tax exemptions on four items.
I . The first $25 of a monthly charge for Internet acces service;
2. Any drug or medicine, without regard to whether it is prescribed, that is
labeled with a national drug code;
3. An article of clothing costing less that $100 if it is sold between the first
Friday in August and mid„ight on the following Sunday; and
4. Twenty percent of the value of informs ion services anu data proceiat 11
s: M1 ices.
The bill provides that cities can opt out of the back-to-school exemption after holding a
public hearing. This portion of the bill will become effective immediately, Cities will
not be able to opt out of the exemption for the 1999 calendar year. Additionally,
legislators have promised to address this issue in the next session to eliminate the local
option.
H.R. 2787 - Pur;hssla : provides for a local vendor preference in a city with a
population of 100,000 or less, A copy of the this bill is attached for your mview.
H.B. 156.OpSe Meetings: eliminates cloud meeting staff briefings of a government
body, (Full text version attached.)
H.B. $08 - Interlocal Contracfs: provides that with the approval of a city, a local
government (including a county) may enter into an interlocal contra with the city to J
finance the construction, repair, and maintenance of any city streets and alleys. (A full a
text version Is attached,)
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S.B. 138 - Rtllgi0ua Freedom:- crates a new chapter 110 in i,e Civil Practice and
Remedies Code to enact a statue relating to religious freedom. A municipality's liability
in regards to the legislation was addressed based on the fact that it would be impossible
for a city to know all the beliefs of every religion.
H.B. 1704 - Permits, addresses a property owners vested rights which was inadvertantly
repealed in 1991. Additionally, the bill provides that after May 11, 2000, a city may
place an expiration date on a permit that has no expiration date if no progress has been
made towards completion of the project. (Full text version attached.)'
B. 84 - Anne~jQp: provides a comprehensive rewrite of the state's annexation
tatute. Attached is report prepared by Analeslie Muncy regarding this issue.
H.B. 1919 - Health Benefit Mandates: establishes a,oint interim committee to study the
cost and effectiveness of legislatively mandated health coverage mandates. We will
monitor the activities of this committee closely as the rising cost of health care Is of
concern to us all.
H.B. 3189 - Alarms: imposes restrictions the sales, service, installation, and manitodng
of alarms by cities located in counties with a population over 80,000. (A full text version
is attached,)
H.B. 1777 - Telecommunications Franchising and Management of Public Withts-of-
Vay: adds a n.w chapter to the Local Government Code. Mike Sueek's involvement in
this issue was instrumental in setting the course for the legislation
S.B. 7 - Electric Restructuring: provides for the complete restructuring t,f the electric
industry and implements customer choice for retail electric service. Sharon Mays, along
with Jim Boyle, have provided you with better Information than we received and we
thank them for their exhaustive efforts on behalf of the city.
While this Is a brief overview on a few of the pieces of legislation that we know will
effect the City of Denton, there were many more bills passed which will impact our
services. As we have an opportunity to review the bills in their entirety, we will keep you
posted on the positive and negative effects of new legislation.
We must now begin to set our strategies for the next session. At the TML Conference
this Fa", we must again be active players and begin to set forth the city strategy for the
2001 session, monitor the interim committees and provide testimony when celled upon, '
and continue to cultivate out relationships with our local legislative representatives. Your + (J,',- <
feedback regarding our previous efforts and suggestions for future strategies Is
appreciated.
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1999 Legisl.ive Summary
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Page S
If you have any questions or would like more information regarding any legislation, j
please let me know,
Betty Williams I
Director of Management &
Public Information
cc: Michael W. Jez, City Manager
Distribution List I
Attachments: TML Legislative Update 6114199
Annexation for the Third killenium
H.B. 156- Open Meetings
H.B. 485 • Validation
H.B. 508 - Interlocal Agreements
H.B. 1704 • Permits
H•B. 2787 • Purchasing
H• B. 3189 - Alarms
Legislative Activity
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Texas L s Municipal
League
A,UPDATE
June 14, 1999
Number 21
Now small, of all the f human hearts endure,
that part which laws or kings can cause or cure.
-Samuel Johnson-
TIM$ LERISLAnRE A1111INS
The 1999 LSislative session - a session during which Texas cities were literally besieged by
potentially devastating bills - is finally over Before lawmakers left Austin, they seriously
considered bills that would have substantially eroded municipal authority, enacted large reductions
in municipal revenue, or imposed costly new mandates.
Through the hard work of municipal officials across the state, cities successfully dodged most of
the bullets Four important TML initiatives were passed, while dozens of other beneficial bills are
now on the Governor's desk.
But in certain quarters, the anti-city sentiment was obvious. Some legislators took every available
opportunity to castigate and ridicule city officials. Others simply ignored the pleas of city officials
when, time after time. detrimental bills were debated In committee or on the floor. Still others
resoved to the strategy of adding barmful amendments during floor debate without fully
disclosing the amendments' negative effects
In the end, however, cities did well. While the legislature enacted the first major overhaul of
annexation authority in 36 years ~S B 89), the bill is quite well-balanced, particularly In light of the
extremely henfW annexation irutistives advocated by some legislators. Furthermore, questions
surrounding telecommunications and electric franchise agreements and revenue were fsvorabl
resolved (H B. 1777 and S B. 7). Even bill y that contain unfavorable provisions (H B 156,
relating to open meetings, and S B 1851, relating to open records) include laaguege that will be
very beneficial for cities.
Probably the worst bill of all (H B. 2045) relates to impact fees if signed by the Governor, it win
seriously impaa the roughly 60 cities that impose those fees.
The long-term outlook is quite ominous. More and more lawmakers tend to favor those who live (j
just outside the city limits over the milliots of Taxana who live Inside cities, to favor new
development over established municipal neighborhoods, to favor powerfil business Interests over
municipal governments, and to favor counties and special districts over cities.
NCI$: A hen p y mem ibis T%IL Lepunre Vpdaie pleas make copier of it end diortbate ihem to members or the loNrninl body and to depdm-
ment heady ai apprupnaie. T11L %endr unly one copy to eah city. and we rely on rhu,e • ho meths it to di%tribuie it. Thank, nor your help
/alllel►1 11 Ile. 14111 11104141011 lessee i
1111 fetkeilrrt list, lefts ill, lektla, trees 11111 11111 s tlttl 1$1,1111
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If these trends continue, the legislature will a^entually convert Texas from the state with the very
best state/municipal relationship in the nation, to the state with arguably the very worst. Texas is
now the only state in the union in which the state govecnmett provides no financial assistance to
cities while simultaneously enacting an ever-growing heap of restrictions on the ability of cities to
fend for themselves (Question. of t:ities, counties, school districts, and councils of governments, f
which are the only units of government tha, receive no state appropriation of any kind for any
reason? City officials know the antw.f all too well,)
Lawmakers were relentless in pursuing city-related legislation, they filed a record number of bills
and a record number of city-related bills (please see chart below)
Total Bills Total Bills City-Relaled City-Related
Vtar Introduced* bud jjlills Introduced
1985 4,151 1,039 300+ 80+
1987 4,343 1,204 420+ 173+
1989 5,256 1,339 f25+ 180+
1991 4,684 970 840+ 180+
1993 4,560 1,089 800+ 140+
1995 5,147 1,101 800+ 140+ I
1997 5,741 1,503 1,100+ 130+
1999 5,908 1,638 1,230+ 130+
' Includes bills and proposed Constitutional amendments, regular session only
Upcoming issues of the PA Legislarwe Update will include articles that detail the actions or
statements of particular lawmakers with regard to anti-city l(gisluion We will also fully describe
the unconscionable actions of the Teus Auoclation of Counties during the final week of the
legislative session.
111, BILLS PASS11
H.B. 4~ „Yalidii'lo provides that a municipal act or proceedir,g is conclusively presumed to
be va,id i (a)te tai? aruuversuy of the e.7ective date of the act or proceeding has expired, and
{b) she act or proceeding is not subject to a lawsuit The bill doesn't apply to an act or proceeding
that was void, illegal, preempted by state or federal law, or held Invalid by a court `
H.B. 954 - Pr. eerty Tai Notice and Hearing amends the Tax Code to provide as follows j
i. Each year, a city shall publish a statement that the adoption of a ax rate equal to
the effective tax rate would result In an increase or decrease, as applicable, in the
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amount of taxes imposed by the city as compared to last year's levy, and the
amount of the increase or decrease
2 A city may not rdopt a tax rate that exceeds the lower of the rollback tax rate or
103 percent of the effective tax rate until it publishes a notice and holds a hearing
3 If the city is required to hold a hearing, it shall give notice on a website, if it owns,
operates, or controls a website, and on television. if it has free access to a
telev6ion charnnal.
4 A property owner is not entitled to an injunction restrairung the collection of taxes
if the :Hy has, in good faith, attempted to comply with the notice and hearing
provisions,
x - "0" Tax Y applies to a small taring unit (one with a tax i
rate o SO cents or less and total property tar collections of 3500,000 or less), and provides that a
small taxing unit
I is exempt from the newspaper notice requirements of Section 26 04(e) of the Tar
code, relating to calculation of tar rates;
2 may provide public notice of its proposed tax rate by either mailing a notice to
.ach property owner or publismug a notice in the newspaper; and
3 need not conduct a tax rate hearing.
S. B. 1851 - Public Information this bill contains numerous provisions Some are favorable,
some are not But the following provision! represent the enactment of two TMI, legislative
priorities relating to economic development efforts
I The bill amends Section 552110 of the Government Code to provide that
commercial or financial information for which it is demonstrated based on specific
factual evidence that disclosure would cause substantial competiti-:e Firm to the
person from whom the information was obtained is excepted from the
requirements of the Pubic Information Act
2 The bill enacts Section 352131 of the Government Code to exempt from the
Public Information Act any information relat°ng to economic development
negotiations between a city and a business prospect if the information relates to
(a) a trade secret, or (b) commercial or financial information defined as it is
defined in number 1, above.
3 The new Section $52 131 provides that unless and until an agreement is made with
a business prospect, information about incentives being offered by the city or by
another person is exempt from disclosure.
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4 The bill amends the Open Meetings Act by adding Section 351.096 to provide that
a city council may conduct an executive session to disruss, (t) commercial or
financial mfotmation received from a business prospect with which the city is
conducting negotiations, or (b) financial or other incentives to the business project r e
(Note please see pages 9 . I I for a more thorough discussion on the other provisions of S B.
ig51 )
3
ITNER CITY-RELATEN NILLS PASSEN
Floomes mod AdMINIStrNtINN
PrIMOM Tox
H.B. 51 - Prooertv Taxes establishes a procedure through which a city may permit an
rndt~tld over the age of 65 to perform services for the city in lieu of paying taxes imposed by
the city on the individual's residence homestead
H,B. 79 - Aoorsisal Revitw Boards (AR W provides that ( I ) in any central appraisal district
(CAD), a person is ineligible to serve on an ARB if the person is a member of the CAD board, an
officer or employee of the CAD, an employee of the state comptroller, a member of the governing
body of a taxing unit, or an officer or employee of a taxing unit, (2) in any CAD, a rerson is
ineligible to serve on the ARB if that person has served for pan or all of three consecutwe terms
on the ARB, and (3) in a CAD established for a county with a population of more than 100,000, a
person is ineligible to sen•e on the ARE if that person is a former officer or employee of the CAD.
or if the person is a former member of the governing body of a taxing unit or is a former officer of
a taxing unit, until four years after such service ends
H.R. S41 - Ell, erty Ta: Eiemotign: establishes a property tax exemption for non-profit
associations that engage exclusively in providing assistance to ambulatory health care centers
11,B, 1604 - Property Taxes amends the Tax Code to
I allow, a city to waive penalties and interest on delinquent taxes owed on property
acquired by a religious organization,,
allow a city to c:termine how to sell or dispose of propeny that the city seized
pursuant to foreclosure of a health and safety lien on thhe property, and
3 allow a city to sell property acquired by tax lien foreclosure or foreclosure of a
health and safety lien to a religious organization that owns property in the city and
has entered into an agreement with the city to revitalize the property
H.B,14:.Property Tais. Exemnition: expands the property tax exemption for organizations
that provide support to elderly persor , exempting from taxation any propeny used by the
\ organization to provide recreational of al activities and facilities for the elderly (Note this
bilT will become law only if Texas voters approve H J R 4, Please see description below )
Pran$rsv Tax r yjjQn amends the Tax Code to create a new category of
c arita a organizations non-pro rt organizations that provide housing on a cooperative basis to
college students The bill grants a property tax exemption to *Sese organizations
10, 33542 - amends Section 11,13(h) of the Tax Code to
prevent new owners o property rom claiming the same exemption as a previous owner in the
same year The bill also amends Section It 42 of the Tax Code to make the disabled, residence
homestead, and elderly exemptions effective as of January i The bill also amends Section 33 01 b,
of the Tax Code to allow a taxin unfit to assess an additional penalty for delinquent tares due
before June I The governing bodgy must enter into a contract with a collection attorney to assess
the additional penalty The bill amends Section 33.52 of the Tax Code to include 0 taxes
delinquent on the date of judgment in the amount recovcrablt from the judgment The bill also
amends Sections 33 53 and 34 01 of the Tax Code to allow a city to "order that certain parcels
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of ~roperly be sold in satisfaction of a judgment for nonpayment of taxes A taxing unit may
ml e a claim for excess proceeds. The bill also amends Section 34 05 of the Tae Code to allow a
constable to resale property on behalf of a taring unit The bill also amends Chapter 1, Tetras
Probate Code, to require certain new procedures be followed to collect delinquent property taxes
in a probate proceeding The bill also amends Article 2 07, Texas Non-Profit Corporation Act,
and articles 2 11 and 3 10 of the Texas Business Corporation Act, to relax the requirements for j
service of process by a political subdivision for the coilecr • of delinquent taxes from a
corporation
} - if approved by Texas voters in the November genetal
election, will amend the Texas Constitution to grant the legislature authority to broaden, by
general law, the properly tax exemption for institutions of public charity
97 - amends the Tat Code to provide that a city is entitled to designate
a person to o er evi once and present arguments at an appraisal review board hearing conducted
to consider a challenge, appeal, or protest regarding a taxable leasehold or possessory interest
owned by the city.
amends Section 2605 of the Tax Code to provide that a taxing unit
must adopt A lax rate fore the later of September 30 or 60 days after the date the certified
appraisal roll is received by the tasting unit, if the governing body of a taxing unit does not adopt
its tax rate within this time penod, the tax Is the lower of the effective tax rate for the current year
or the tax rate adopted by the taxing unit in the preceding tax yeu
Sells TOM
ee7 Sales Tai Exemption; exempts from the sales tax any animals sold by a non•proft
anim elter
S.li, 441- Sales Tai Eaemsnlon! enacts sales tax exemptions as follows
I The bill exempts the first $23 of & monthly chuge for Internet access service
2 The bill exempts any drug or medicine, without iegud to whether it is prescribed, ,
that is labeled with a national drug code.
1 The bill exempts an article of clothing coating less thin $100 if it is sold between
the first Friday in August and midnight oa the following Sunday.
4. The bill exempts 20 percent of the value of Information services and data
processing services.
The bill also provides that the back-to-school clothing exemption (see number 3 above) can be
repealed by a city council after holding a public hewing
The Internet access service exemption will cost cities $13 million annually statewide in FY2000;
that figure will climb to $3 million by FY20041 For medicine the figure is $25 million arnuaslyy
statewide. For clothing (assunnng tw city council repeals t6 exemption), the figure is $5 S
million For information and data processing services, the figure Is SIA million in FY2000,
climbing to 3 million by FY2004, ( t '
TAIL estimates that in the typical Texas city, ales tax receipts will fall by 0.24 percent in FY
1999.2000, and by roughly 0,79 percent in subsequent years, all other things being equal But all
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other things are never equal, and the effects of S B 441 will, in most cities, be imperceptible If
the current economic expansion continues, sales tax receipts will continue to grow to most areas,
even with S, B. 441 in place
$,B. J43 Sal lg provides that an city of up to 275,000 in population shall be
eligible o receive info rmation rom the state comptroller relating to the amount of sales taxes paid
by a business that remits more than $100,000 in sales tax payments annually
HICHIrs
H.B. 325
7 - authorizes any city to change the date on which it elects its officers to
another uru orm e « non date The change must be made by December 31, 1999, and w111
become effect I%a in 2000.
UJ 131 - Recall In !Renlril Law Ql$l establishes a new procedure for the removal of a
mem er o the governing body in a general law city. The new procedure is as follows
I A member may be removed for incompetence, official misconduct, or intoxication,
2 A petition for removal must be filed with a district court, may be filed by any
resident of the city, and must state the alleged grounds for removal;
3. The judge may decide to issue a citation to the member In question or may decline
to do so 1f the judge declines to issue a citation, the petition is dismissed at the
cost of the petitioner,
4 If the judge issue! is citation to the member, the member must appear before the
judge to answer the petition and may request a trial by jury,
5 The petitioner must execute a bond in an amount fixed the judge The bond
shall be used to pay damages and costs to the member if the alleged grounds for
removal are found to be insufficient or untrue, ,
6 The final judgement on the issue may be appealed by either party,
7 Conviction of the member for any felony or official misconduct would result in
immediate removal, and
j 8 A removed member would be ineligible for reelection for two years
Marlelrrl C~~rt=
amends Government Code Sections :9.003(x) and (b) by
eaten g municipal coup uris fiction to property owned by the city in the ET).
ParkInt - atIoU allows any city over 30,000 in population to decriminalize
puking o erases and adopt An administrative adjudication process '
H ! allows a municipal court judge to hold a juvenile in contempt of court If
the uveni a fails to obey a court order. The bill also allows a municipal court to order other
rehavilitative community service programs for juveniles convicted of alcohol related offenses
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when there are no alcohol-related programs available in the city Other sections of the bill expand
the authority of municipal courts with regard to juveniles
1 - s of Record IN,1CRs1 substantially amends Chapter 30 of the
Government Co a re sting to the operations o %ICRs Any city with an MCR should study the
tlnal version of this bill very carefully
H1B. 1032 -Parking Fers provides that certain veterans and persons with a disabled parking
placard are exempt from paying parking fees at parking meters, but not in city-owned parking
garages or lots
14.8. 1177 - 'iunlcioa] Court Buildine Security Fee; expands the list of security devices a city
II may purchase with revenue from a municipal coup building security fee to include alarms and
bullet-proof glass.
1274 - Oath amends Section 602002 of the Government Code to allow a municipal
court judge or clerk to admirtister oaths in matters pertaining to a duty of the court
60 creates a new Article 45 541 of the
Code o Crimina Procedure to provide that
I when a judge defers proceedings in a traffic case, the judge (a) shall require the
defendant to take a driving safety course if the defendant hasn't taken one within the
preceding 12 months, and (b) may require the defendant to take the course regardless
of the 12-month period;
2 the provisions described above apply only if the person enters a plea of no contest or
guilty;
3. the court may require a person who attends a driving safety course to pay a fee of up
to ten dollars, including any other fee authorized by state law or local ordinance, to
cover administrative costs,
4 "hen the defendant completes the course, the court shall remove the judgement and
dismiss the charge; and
$ a court may assess a special expense for deferred disposition in addition to other court
costs
HIP, 1802 - Ir;f LCcellls : allows a city to enter into a contract with the Texas Department
o Public Safe% (DPS) under which the DPS may deny the renewal of a driver's license of a
person uho fails to appear in court on any offense over which a municipal court has original or
concurrent jurisdiction.
9 - Court Costs clefts the provisions that allow a $23 court cost to be imposed on a
de en ant t who pays a ne ov:r a period of time by providing that the $25 fee can be added when
any pA of the fine, court costs, or restitution is paid on or after the 31" day after the judgment is
entered assessing the fine, court cost, or restitution.
S.R. °n authorizes is city r. create mutuu coup
tec o ogy ,n an to require eac :person convicted of a misderneo:or in Municipal coourrt t to pay
a technology fee of not more than four dollars. Revenue is the fund may be used for computer
hardwue or software, electronic kiosks, el"odc ticket writers, or docket management systems
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ties with a pit pulado repeals Section 2256 056 of the
It Govrnment Code which require cities with a o u anon. n o o 50, or less to seek ek the e Attorney
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general's approval before entering into certain installment We or lease/purchase obligations
N.B. 2719 - Purcha1Jny creates a new regional business certification program to allow a group
of cities, counties, orototFer political subdivisions to join together to make purchases, and allows
the consolidated entity to streamline the certification process for businesses that participate in the
contracting and procurement process of any member of the joint regional certification group
R.B. 278 - Purrhadna provides that a ci!y with a population of 100,000 or less, when
purchasing real or person property, may give a preference to a local bidder Specifically, the bill
provides that if the city receives one or more bids from a local bidder •.-hose bid is within three
percent of the lowest bid from a non-local bidder, the city may enter into a contract with the
lowest bidder or with the local bidder if the governing body determines in writing that the local
bidder cif'ers the best combination of price and local econonuc development
H .na§9 - Igsurance if approved by 'texas voters in the November general election, will
amend the Texas Constitution to allow cities to purchase nonassessable property and casualty
insurance from a mutual insurance company
S, B. S47 - Purchasini allows any city with a population of 75,000 or r--r• to purchase
msurance through the competitive sealed proposal procedure
other ems
J7 - • authorizes a city secretary or clerk to administer oaths in any matter pertaining I
to the o icial business of the city.
Ii.B. 1 S6 - Open McMnast amends the Open Meetings act by i I) broadening the definition of
"meeting" to include a gathering that Is conducted by a governing body, that has been "called" by
that governing body, at which a quorum is present, and at which the members of the
governmental body receive information from any third person, including an employee or the
governing body, and (2) providing that it is an affirmative defense to prosecution that the member
of the gt,vernmental body acted in reasonable reliance on a court order or a written interpretation
contained in an opinion of a court of record, the attorney general, or the attorney for the
governmental body
H.B. 3$2 - Tr 1"t L'". s amends Section $42 402 of the Transportation Code, which applies
only to a city o less than 5,000 in population that receives more than 70 percent of its total
revenue from traffic fines. The bill provides that when calculating fine revenue, all vehicle-related
fines (not just violations of highway laws) shall be included.
H.B. $08 - ante f cal Contacts provides that with the approval of a city, a local government
(including a county) may enter into an interlocal contract with the city to finance the construction,
repair, and maintenance cf any city streets and alleys The bill provides that for a county to enter
into such an agreement, the commissioners court must find that the county will receive benefits /
tI,B. S9S - ti t creates a new exemption under the texas Open Meetings Act to
allow a governments body to conduct a closed session to discuss test items or Information related
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to test items that the governmental body administers to persons who need a license or certiticate
to engage in an activity
Mal 1014oorm t 14_el Ia_xts amends the Tax Code to allow coastal general law cities to
receive money from the state otel•motel tax to clean and maintain beaches located within the
city
Q~~_- Tort Liability: limits the liability of a city for damages ;aused directly by activities
related to ockey, in•line hockey, skating, roller skating, roller•blading, or skrte boarding if the
activity takes place inside a facility owned, operated, or maintained by the city
{ 37 - removes cities and city officers and employees from the
de tuition of a " older" of aban one property who can be fined for failing to timely pay or deliver
abandoned property to the state comptroller
11.0. 3009 - Investments provides that investment training may be provided only by an
independent source approved by the city council The bill also provides that an person who
provides investment training must annually submit to the state comptroller a list of Xernmental
entities for which the person prov,jed training
S.A. I38 - Religious Freedom creates a new chapter 110 in the Civil Practice and Remedies
Code to enact a statute relating to religious freedom The statute provides that a governmental
agency may not substantially burden a person's free exercise of religion unless the government can
demonstrate that the burden is in furtherance of a compelling governmental interest and is the
least restrictive means of furthering that interest. With some exceptions, a perso%i may not assert
a claim unless the person has given 60 days notice to the governmental entity. If the government
provides a remedy during this period of time, the person may not bring a cause of action The
statute states that a city has no less authority to adopt toning and other land use regulations than
the authority that existed "under the law as interpreted by the federal courts before April 17,
1990" (the day on which the U S Supreme Court reinterpreted the constitutional guarantee of
freedom of "re) lgion) Regulations that apply to persons in the custody of a municipal jail are
presumed to be in the furtherance of a compelling governmental interest that is the least restrictive
means of furthering that interest Compensatory damages may not exceed $10,000 per
controversy An action must be brought w'ahin one yeu after the person knew or should have
known of the substantial burden on the person's free exercise of religion
Lisb~ti~i requires that an action for damages based upon a computer date
a ure must a roug t not later than two years after the due the computer date filure caused
the alleged harm The bill also provides that an action a aiast a manufacturer or seller of a
computer product or service must be brought before the end of IS years after the date of the sale
of the computer product or service Finally, the bill provides that this new statute does not wove
the sovereign immunity of a political subdivision.
LS•B• 71 Lawsuits. prohibits a city from bringing a lawsuit against a firearms or ammunition
mm acturer, trade association, or seller for recovery of damages resulting from the WOW
design, manufacture, marketing, or We of fireums or ammunition to the public
S.B. 1603 - tar rev ~tiY provides that. (a) hotel occupancy tax revenue includes r
interest on the enue, an ( a city must maintain a record that accurately reflects all
receipts, and expenditures of hotel occupancy tax revenue,
@ bblic Inforp,ation adds several new provlsions to the Public information tact as
of owt~`T- s
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t[ prohibits a court from ordering a governmental body to withhold from public
inspection any category of public information specifically listed in the Act unless
the information is expressly made confidential under the law;
2 provides that information may be withheld from disclosure under the litigation
exception only if the litigation is pending or reasonably anticipated on the date that
the requestor seeks access to the information;
l creates an exception for release of commercial financial information the release of
which would cause substantial, competitive harm to the person from whom it was
obtained,
4. creates an exception for release it information that relates to economic
development negotistions between a governmental body and a business prospect,
5 requires a overnmental body to display a sign that contains information regarding
a person's right to obtain public information;
6 allows a governmental body to certily to a requestor of repetitious or redundant
information that all available information for which copies were requested has been
previously provided,
7 clarifies the conditions under which a governtren'al body may recover overhead
costs i'or fulfilling requests for information that is located in two or more separate
buildings;
li allows a governmental body in certain instances to recover charges for prodding
access to information where the rt i.: stor does not seek copies of the information,
9 prohibits a governmental body from seeking reconsideration of an attorney general
opinion on whether information is confidential if the attorney general has issued an '
opinion that the information is public;
10 allows a city council to meet in executive session to disruss t.conontic development
information pertaining to a business prospect or financial or incentive information
regarding a business project,
I I requires a governmental body to provide an itemized estimate of charges if the
charge will exceed forty dollars.
12 provides that a city may require a bond or deposit if the city provides a written
estima a and that estimate exceeds 5100 in large city or $50 in a small city (a city
%vith fewer than 16 fdi1•tinne employees);
I) requires a city that seeks an attorney general opinion to inform the requestor of
that fact in writing,
14 provides that if a requestor files suit .gainst a city, the suit must be filed in the
county in which the city is situated; r
13, provides that if the attorney general Ellis suit against a city, the suit must be filed in + t
the county in which the city Is situated if the city has a population of 100,000 or r .
less,
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provides tha a settlement agreement to which the city is a party is public
information a id that a court may not order that it be withheld, and
17 allows a cour ty or district attorney •i tilt a suit against a city in the name of the
state
S.J.R. 26 -Council P- if approved by Texas voters in the November general election, will
allow a state employee or a public schoul teacher to accept a salary for sening as a municipal l
elected official.
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CIMMNNITY ANN ECINIMIC NEYELIPMENT
H.B. 211 - Nelahborhood Associallonst amends Local Government Code Chapter SJ to
provide that a city may instlute a program to use volunteers from a neighborhood associat;on to
help enforce certain municipal health and safety ordinances in the association's neighborhood
The bill requires the city to establish a training program for the volunteers,
H.B. J13 - Empowerment Zones: creates a new Chapter 378 in the Local Govemmeni Code to
allow a ,I to designate certain areas of the city as empowerment zones in order to promote
economic growth. A city may. (I) waive building, development, or impact fees within the zon^s,
(2) provide sales tax refunds in the zone, or (3) provide property tax abatements for property
located within the zone,
IDD~ requires the seller of real property that is located within r
a municipal utility district (Ivt ) to give notice to a purchaser of the propperty if the MN) is
I>cated within the extraterritorial jurisdiction (ETI) ora city; and that the NN and the property
I icated in the MUD may be annexed into the city without the consent of the MUD or the owner
of the property within the NIUD.
7~ expands the types of markinos that may be considered graffiti to include i
markings made by using in etching or engraving device
S. 1123 gr14__ OUlti provides that a vehicle is to be considered a junked vehicle if it is
inoperable an as remained inoperable for more than 72 consecutive hours on public property or
30 consecutive days on private property.
H,B. 11,210 - requires a property owner to comply with municipal and
sanitation ordinances wit m seven days of receiving a notice of violation, and allows a city to
provide notice of violations to a property owner by regular mail or by posting notice on the
property.
- s requt,es that any city ordinance regulating amateur
ra io antennas must comply with the ruling of !t+i Federal Communications Commission relating
to "Amateur Radio Preemption'", and provides that if a city adopts an ordinance involving the
placement, screening, or height of an amateur radio interim based upon health, safety, or
aesthetic conditions, the ordinance must (1) reasonably accommodate amateur communications,
and (2) represent the minimal practical regulation to accomplish d*-Ciiy's purpose The bill allows ,
a city to continue to adopt regulations that protect or preserve historic, historical, or architectural
districts
Venue EI•B, s expands the definition of "venue" project under Section 334 001 of
tie Coca overnment Code to include a municipal parks and reueation system
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. 4 - allows a city to determine the manner in which any prope
income ed by housieng city will be so rty "
Vi i the property is being sold to an organization that provides low.
income
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H.B. 1433 - Teach,.. s &ra_, Consortium: allows public libraries that are members of the
state library system to participate in the TexShare program, a library sharing consortium
H,B. 1543 - E t provides that (1) directors of an economic
development corporation IEDC) xate in a city utth a Population of 20,000 or more must be a
resident of the city, and (2) directors of an EDC located in a city with a population of less than f
20,000 may be city residents or simply residents of the county in which the major part of the city
is located
S e - provides that a person may not record in the county clerk's office a plat or a
rep at unless t, a person provides proof from each taxing entity with jurisdiction over the pro
that no property taxes are owed on the property perly
.
H~ lbt8 - Library pilt[W provides that if a proposed library district will inciude an
r any
territory o a city that operates a library, the creation of the district requires the approval of th
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H.B. 1704 - (Permits generilly provides at
that, with some exceptions (1) a city shall process a
permit application using the rules, regulations, ordinances, and other criteria that were in force
when the application was fled, and (2) if a series of permits is required for a project, a city shall
process all permit applications in that series using the rules, regulations, ordinances, and other
criteria that were in force when the application orthe frst permit was fled (Note this bill re-
enacts the so-called "vermlt vesting statute that was passed in 1987 and was inadvertently
repealed in 1997 ) Thv, exceptions to the bill's "vesting" provisions include the following
I A city may impose new codes on a permit that is more Un two years old and was
issued for a building intended for human occupancy,
2 The bill does not apply to regulations for sexually oriented businesses, colors as,
annexations, or utility connections, and
3 The bill does not apply to regulations to prevent imminent destruction of property
or injury to persons, including certain flood plain regulations
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his no he bill also provides that after May 11, 2000, a city may place an expiration date on a permit that
imposes anlrexpoirattion date progress cha hs been "dormant projeoct,' he cexpira on date may not be earlier
than May 11, 2004
H.B. 1814 - Aleohotle Beveratest amends the Texas Alcoholic Beverage Code to provide that
(1) a petition to call a oc option election pertaining to the sale of mixed beverages In restaurants
must have the actual signatures, residence addresses, and voter registration numbers of 25 percent
of the re istered vciers of the city, (2) the sales of mixed beverages in restaurants may continue in
a city after a subsequent local option election to allow or prohibit the general sales of mixed
beverages is conducted, and (3) a city located in more than one county may conduct a local
option election pertaining to the sales of mixed beverages in a restaurant r x
amends the Economic Development r ,
Corporation Act to provi e t at the de coition o a "project" for both 4A and dB corporations Is
expanded to include job training prop-ams required or suitable for the promotion of devetopmrnt
and expansion of a business enterprise The bill allows an EDC to tpend money on job training
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offered through a business only if the business has cornrtutted in writing to create new lobs that
pay at least the average weekly wage for the county in which the jobs are created
11.8. 1982 - Colonial- amends Chapter 43 of the Local Government Code to provide that if a
colorua is annexed by a city, the colonia remains eligible to receive any financial assistance
availabie to colonial for five years after the effective date of the annexation
II.B. 2045 - Impact Fees amends Chapter 395 of the Loral Govemment Code as follows
l The definition of impact fee is changed to exclude (a) certain "off-site"
improvements that are "squired by ordinance and are necessitated by new
development, and (b) other pr) rata fc-s for reimbursement of water or sewer
lines.
2 The definition of "roadway facilities" is expanded to include the ci ; s share of
roadway costs
1 A roadway service area is limited to an area within the city, not to exceed six
miles
4. The calculation of a service unit measurement must be basal on historical data and
trends in the city during the previous ten years
5 When calculating the impact fee, a city must give s credit equal to the greater of
either (a) the portion of property tar and utility fees generated by new service
units over ten years that are used to pay for capital improvements, including debt, I
that are or could be included in the capital improvement plan, or (b) 50 percent of k
the total cost of the capital improvement included in the capital improvement plan
6 If water and wastewater capacity is available, the city shall collect the fee at the
time it issues a building permit
7 The hearings, notices, and approvals relating to the capital improvement plan shall
be done at the same time the hearings, notices, and approvals relating v. Sand use
assumptions ue done.
g. The mayor must annually certify to the attorney general that the city has complied
with state requirements embodied In Chapter 395
i abolishes the Texas State Board of Plumbing Examiners, the Air
Conditioning an Reeration Contractors Advisory Board, and the Texas Irrigators Advisory
Council, and combines all their functions into a new agency to be called the Texas State Board of
Slecharical Industries to be governed by a nine-member board.
gives a city the authority to require the owner,
lie of er, or mortgagee o a dilapidated or substandard building that is valued at more than
5100,000 to post a cash or surety bond to cover the cost or repairing, removing, or demolishing
the building. In lieu of a bond, a city may require the owner, lienholder, or, mortgapet to prrnide a
letter of credit from a financial institution or third party The h ad or letter of credit must be
provided no later than 30 days after the city issues an order declaring a structure substandard
fflat,, ^ allows it corporation to obtain health, ,
liability, property, an workers' Compens, n oar the city. The health, liability, and workers'
compensation coversgtts can be extended to both directors and employees. Finally, the bill allows
the corporation to obtain retirement benefits for employees through the city.
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expands current provisions relating to tax increment
nancting y owrng
I a city to authorize a board of directors of a reinvestment zone to exercise the same
authority that the city has with respect to operation of a zone, except that the
board may not (a) issue bonds; (b) impose taxes or fees; (c) exercise eminent
domain power, or (d) give final approval to a project plan;
2 the board of directors of a reinvestment zone and the city council to enter into
agreements for a reinvestment project plan to pay for ant project that benefits the
reinvestment zone, including project costs relating to scools, buildings, or other
educational facilities owned by a school district, community college district, or
other political subdivision, tail or transit facilities; affordable housing; remediating
contamination on public or private land or buildings; or preserving or demolishing
public or private buildings;
3 a city to enter into tax abatement agreements with the owner of property located in
a reinvestment zone regardless of whether the city deposits or agrees to deposit
the tax increment into the tax Increment fund
9 - Econollqlc Development Co ! amends the Development Corporation Act
by expanding the definition o "project" to inc u e targeted infrastructure or improvements to
promote new or expanded business development, job creation and retention, job training, or
education facilities The bill also provides that a 4A corporation may speed revenue for project
maintenance and operation unless the voters elect to remove that authority Finally, the bill
provides that for a 4B corporation in which the voters have not authorized a sales tax, an interest
of a person (other than the corporation) in real property is subject to property taxation
H.B. 3034 - Tax Abatements, amends the Tax Code to provide that a taxing unit that is eligible
to enter into a tax abatement agreement may enter into an agreement relating to the same property
included in b municipal tax abatement The bill also provides that the subsequent agreement is not
required to contain the same terms as the city tax abatement sgreement.
H.B. 36511 - Enter establishes new criteria for a business to receive designation as
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an enterprise project t the usiness is seeking'ob retention benefits from the Texas Department of
F.onomic Development The business must show one of the following,
I the permanent employees of the business will be permanently laid off,
2 the business will close down permanently;
3 a 10-percent increase in product capacity of the business will occur,
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4. the business will relocate out of state;
3 a 10-percent decrease in overall cost per unit produced by t1e business will occur;
or
6 the business facility has been legitimately destroyed or Impaired because of fire, r
flood, tornado, hurricane, or other natural diluter. r A~' r
The Texas Department of Economic Development Is also required to establish a minimum scoring r -
threshold that a business must meet in order to quali u a designated project within an enttvdie
f
tone
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S.B. $6 - Common Vuirancn provides that anv city may abate common nuisances runder
Section 125 001 of the Civil Practice and Remedies Code) in multiunit residential property
Mote current law grants that authority only to a city with a population of 440,000 or more )
S.B. 99 - Annexation this is a comprehensive rewrite of the state's annexation statute
Generally, the bill creates two procedures for annexation annexation under Subchapter C or GI
The procedure that applies depends upon the area that is proposed for annexation Some
additional procedures may be required for the annexation of special districts
Sgt7caater C applies to all areas proposed for annexation unless the area 11) contains
fewer than 100 separate tracts of land on which one or more residential dwellings are located on
each tract, (2) will be annexed by petition of the property owners or voters in the area, (3) is the
subject of an industrial district or strategic partnership agreement, (4) is located in a coloaia, (s) is
annexed under very specific statutes pertatinng to general law cities, (6) is located completely
with n the boundaries of a closed military installation, or (7) must be annexed to provide
protection from imminent destruction of property or injury to persons, or there is a public or
private nuisance as determined by the city. Areas that are annexed under Subchapter C must be
included on a three-year annexation plan. When an area is included in the plan, the city must give
notice to property owners and entities that provide services in the area Notice must also be
posted on the city's Internet website, if it has one The city must compile a comprehensive
inventory of services that are provided in the area
After holding the required public hearings, the city shall negotiate with the property
owners of the area for the provision of services The county commissioners court shall select five
people to negotiate on behalf of the area to be annexed. If the Brea to be annexed is a district, the
governing body of the district shall negotiate with the city. Negotimion3 are an effort to reach
either an agreement for provision of services or an agreement in lieu of annexation Either party
may request arbitration to resolve the dispute if an agreement cannot be reached The arbitrator's
authority is limited to service plan issues to dispute If a city does not agree with the terms of the
arbitrator's decision, the city may not annex the area for five years
Subchapter C.1. applies to the annexations of areas that are not required to be on the
annexation plan under Subchapter C, If the area is an area that contans fewer than 100 separate
tracts as described in Subchapter C, then notice must be given to all property owners and entities
providing services in the area, prior to annexation
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annexation service plan must prom a or murucip services wit 'n 214 years unless
services cannot reasonably be provided within that time Service; must be provided within 41h
years The following services must be provided on the effective date of annexation police and
fire protection emergency medical services; solid waste collection; and operation and
maintenance o~ water and wastewater facilities, roads and streets, and other publicly owned
facilities Construction of capital improvements in the service plan hail be completed within the
period provided in the service plan This petod may be extended if construction is proceeding
with all deliberate speed If the area has a tower level of services and infrastructure than tba
inside the city, then service shall be compparable to the level within the city. if the level of urices
equal, that level shalt be maintained If level of services in the area is superior to services within
the city, then the services shall be comparable to the level within the city, exupt dut operation
an d mantenance of the infrastructure must be muntutud at existing levels Disputes concerning
the level of unites and service plans may be enforced by arbitration for areas annexed by the i
City of Houston and by writ of mandamus rot all other ces The court may order various
remedies for future to comply with the service pplaq incWding raffled of taxes and civil penalties r
A city may not prohibit solid waste collection by a private provider in tfit are- until two years
after annexation Notice of public hearings on all annexations must be posted on the citys f
Internet website, if the city has one.
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Additio~I pravisi S B 89 amends Chapter 43 of the local Government Code as
follows (I) mode es>i thr strategic partnership agreement provisions to provide for arbitration if a
city and a district cannot reach an agreement; (2) provides a met}tod by which the developer of a
district is reimbursed by the city when a distrio is annexed; (3) deletes the requirement that at city
with a population of more than 225,000 must be authorized by its charter to annex for limited
purposes; (4) rovides that an area may not be annexed again within ten years if it is disannexed,
(5) provides for the refund of taxes ana fees in an area that is disannexed; r.) provides for a
part icular notice to be provided to s: got districts located in an area to be annexed. (7) provides
that the city shall apply for preclearance from the Justice Department at least 90 days before the
effixtive date of the annexation or the earliest date pemsitted under federal law; (8) provides
limitations on annexation of areas that are in the ETJ due to prior "spoke" annexations; and (9)
provides that a city may not prohibit a person from contiituing to use land in the manner it was
being used on the date annexation proceedings were instituted, with some exceptions including
sexually oriented businesses, colonies, fireworks, and more.
Effective Dates, Cities are required to adopt an annexation plan on or before
December 31, 1999, Except for the following changes, a city may continue to annex any area
during the period beginning December 31, 1999, and ending December 31, 2002, under the
former law: (1) continuation of land use, (2) limitation on annexation of areas that are in the ETJ
due to prior "spoke" annexations; (3) timetable for providing services and capital improvements;
(4) level of services, (5) remedies for the enforcement of the service plan and disputes concerning
level of services provided; (6) solid waste collection by a private hauler; (7) developer
reimbursement, (8) strategic partnership agreements; (9) limited purpose annexations; (10) ten•
year period before disannexed area may be reannexed; (11) refund of taxes; (12) notice to school
district, and (13) submission of preclearance to the Justice Department. This will apply to areas if
the first public hearing required is conducted on or after September 1, 1999. it is TIvfL's
interpretation that the arbitration provisions and the provision requiring a.", inventory of services in
the area to be annexed do not apply to any annexation undertaken prior to December 31, 2002
S.B. 262 - Annexation: amends Local Government Code Section 43.07(5 to provide that (1) a
ON must reimburse landowners or developers of a water related special district prior to the
ci ecine date of the annexation, (2) a city must initiate and complete a report for each developer
at the time notice of the city's intent to annex the land within the district is first published, (3) a
delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar
month it is delinquent plus one percent for each additional month or portion of a month the sum
remains unpaid, and (4) either the municipality or developer may, by written notice to the other
i party, require disputes regarding the amount owed to be subject to nonbinding arbitration
S.B. 269 - Econo i oroorati nt requires a city to conduct an election to
abolish a 48 corporation i the city receives a Petition signed by 10 percent of the registered
voters of the city. This new law applies only to 4B corporations created after the effective date of
this law
S.B. 688 - Junk Vehicits; amends Transportation Code Section 683.074 clarifying that cities
and counties may adopt procedures for the abatement and removal of junk vehicles. The
procedures may provide that the relocation of a junked vehicle to another location in the same city
or county after a proceeding for the abatement and removal of the public nuisance has
commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at r
the new location ' , -
S.D 691 - Public Libraries: creates a public library endowment fund in the state treasury , The 1
fund will consist of donated money, property, and other securities and will be used to make grants
to public libraries to pay for construction projects, acquisition of books, and general
administrative expenses
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x'10 - Platting Requirements: generally grants counties the authority to require platting
whtrt a tract of land is subdivided or when streets. alleys, parks, or other parts of the tract are
dedicated for public use
S. P. 712 - Manufactured Homes amends Local Government Code Section 232 007 to allow a
county to establish minimum infrastructure standards for manufactured home rental communities
located in the county outside the limits of a city, Utility services may not be provided to a
manufactured home rental community subject to an infrastructure development plan or to a
manufactured home in the community unless the owner provides the utility with a copy of the
certificate of compliance
824 -Reinvestment Zones prohibits a city from acquiring, constructing, or r mr structing f
educational facilities located within a reinvestment zone unless the reinvestment zone was created
on or before September 1, 1999
S.B. 1257 - Oeveloner Participation Contracts: amends Local Government Code Section
212 071 by authorizing a city with 5,000 or more inhabitants to enter into contracts with a
developer of a subdivision or land in the city to construct public improvements (not including a
building) related to the development, without complying with the competitive sealed bidding
procedure of Chapter 252.
S.B. 1421 - Subdivision Re4u ation: amends Local Government Code Section 232 granting
counties greater authority to regulate subdivisions, particularly along the Ntexican border
S.B. 1512 - Recreational Facilities authorizes a county and a city vv:thin that county to jointly f
build, acquire, equip, maintain, and operate an auditorium, civic center, convention center, or
exposition center
~EaaaNaE~
H.B. 341 - Employment References: amends the Labor Code to add new provisions that allow
an employer to disclose information regarding a current or former employee's)ob performance
.art employer who discloses job pe1ormance information r> immune from civil liability as long as
the information disclosed: (1) was not false at the time of disclosure, and (2) was not mad,* uyth
malice or reckless disregard for the truth or falsity of the information,
H,B, 714 - Health Benefits Plar2 provides that a health benefit plan that covers a ramily
member of the insured must cover hearing screening for newborn children, and that such coverage
may not be subject to any deductible requirement
Ull.a. 1078 - 9-61 provides that in a city that has adopted the state frelpolice civil
service law, cer of fire fighter 's restored to the position from which the person was
suspended, the city must restore credit fir any benefits including sick leave, vacation, and
retirement credits
H.B. 1627 - Health Insurance, prohibits a health insurer who submits a bid to a city from r
changing the terms of coverage after is contract has been made. < n
1, 1628 - Insurance • requires that an insurer who enters into a contra for health / t
insurance with a governments body must provide to the governmental body dl,dled claims
information that includes ( t) claims experience of the governmental entity for the preceding year,
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and (2) the dollar amount o: each large claim paid by the insurer under the contract during the A
preceding year
H.B. 1739 - Retirement Systems: amends the Texas Statewide Emergency Services Retirement
Act to provide that. (1) a participating department must pay contributions to the fund at the times
and in the manner provided by the state board that administers the fund, (2) late contributions will
accrue interest at the most recent assumed actuarial rate of return or. investments in the fund, (3)
the attorney general may bring suit to collect unpaid accrued interest, (4) the fund must be
maintained for the exclusive benefit of members and their beneficiaries, (5) the retirement benefit
ora member becomes nonforfeitable not later than the date the member attains normal retirement
age, or t pon the termination or partial termination of the fund, or upon the complete
discontinuance of contributions to the fund, (6) the state board must adopt rules for increases in
disability benefits above the minimum $300 per month benefit based upon the monthly
contOutions of a participating department, (1) local boards must file an annual report with the
state board, and failure to file the report could result in a fine not to exceed $5,000, and (8) the
state board may refuse to pay retirement annuity, disability, or death benefits until the local board
files its annual report
HB. 1764 - He [1h Benefit Plans requires that a health benefit plan that covers mastectomy
must provide cove age Cor reconstruction of both breasts.
1_B, 1919 - He e. b Benefit 1ti4andates: establishes a joint interim committee to study the cost
and effectiveness oi'rvislat%I'y mandated health coverage mandates
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H.B. 2314 - Civil Servr:et provides that a person appointed to serve as a director of a civil
service commission in a city with a population of less than 15 million is not required to meet the
local residency requirement.
H.B. 292e - Criminal Bistarv InforYrtation: requires the Texas Department of Public Safety
(DPS) to provide to cities criminal history information on job applicants by electronic means no
later than September 1, 2000,
H,B. 2930 - Nepotism provides that the nepotism provisions of Section 573 041 or the
Government Code do not apply in a city with a population of less than 200 (Note, there are at
least 70 Texas cities of eiat size )
ILB. 3016 - Utilization Revievy provides tha! when a health benefits utilization review a&ent
makes an adverse determinatioA (derues coverap% the agent must inform the enrollee of the right
to (and procedures for) an appeal. The bill also provides that an enrollee's complaint about an
adverse deterraination constitutes an appeal of the determination
S.BOki b'1 Servic: allows a city that has adopted the state Fm'police civil service taw to
conservice examinations for beginning positions in a police department in more than one
location, including a location outside the city limits
S.B. 393 - Criminal Butckeround Checks: amends Gover:unent Code Section 411,1:24 by
authorizing politic subdivisions to obtain certain criminal history records from a law
enforcement agency of the political subdivision as well as from DPS
S B $74 - Tesat Municipal Retirement System (TbIRSI: amends the provisions of the Texas ~
Municipal Retirement System Act to (1) create it procedure to correct errors relating to crediting a,
service or current service credits, (2) re. wire that updated service credits can be granted only in r
increments of 50 percent, 75 percent, or ~00 percent, (3) provide that a person who retires from a
city with only 55,000 or less in a TNIRS account will receive a lump cum payment instead of an
annuity, (4) allow additional benefit options for beneficiaries of vested employees, (5) allow
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TMRS to adopt rules to allow cities to file required documents electronically, and 46) allow
TMRS to use electronic fund transfers to pay annuitants
P11118 SAFETY
i 855 F~'eh~~ F°~~~~~~~ ro%ides that the governing body of a political subdivision may
use o- des derived from felony forfeitures to provide financial assistance to a person who is
enrolled in a college program related to law enforcement and who plan to return to the locality to
work for the Iota! government in a field related to law enforcement
H.B. 964 - School Crosslnp Gua,dr amends Transportation Code Section 542 501 by
providing that a local authority may authorize a school crossing guard to direct tragic in a school
crossing zone if the guard successfully comppletes a training program in traffic direction as defined
by the basic peace officer course curflcufum established by the Texas Commission on Law
Enforcement Officer Standards and Education I
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H.B. 1019 - Flood Insurane : requires each c;ty to adopt an ordinance as necessary for the city
to be eligible to participate in the National Flood Insurance Program.
H.B. 1059 -Amusement Rides tightens safety regulations on amusement rides in a variety of l
ways Authorizes a police officer to enter and inspect any amusement ride at any time to ensure
public safety. The officer may immediately prohibit further operation of the ride if the ride
operator ratit produce an inspection certificate and insurance policy or if the officer has an
reasonable belief that the ode is unsafe. To limit the liability of cities relative to operation and
inspection of amusement rides, the bill provides that the police officer's performance or
nonperformance of any action authorized in the bill is a discretionary act,
H.B. 1100 - Vehicle Restim adon amends the Transportation Code to allow all cities to
contract with the Texas Department of Transportation or a county to deny a vehicle registration
to a person %po has an outstanding warrant from the city for failure to appear or failure to pay a
fine on a comdXtwt that involves a violation of a traffic law,
H,B. 1444 - Public Health allows the Texas Department of Health, subject to the availability of
funds, to make grants to cities for ewritial public health services; provides that a city council may
sere as the local health board to administer the grant funds; and provides that a city which
receives a grant must appoint a physician as health authority.
H.B. 1575 - Double Parkieg allows a city to adopt an ordinance regulating (easing the
restrictions on) double parking to the central business district, other than on a road or highway in
the state highway system.
11.8. 19x1 - Emer><encv Communications f9.1-1- Sv4this is the sunset bill for the
Advisory Comm ssion on State Emergency Commurucafions. It contains the following
provisions
l Changes the agency name to the Commission on State Emergency
Communic.tions
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2 Provides that the Commission will be composed of nine appointed members and A
three ex-officio members, and that the trine appointed members shall include one
member from a regional planning cottunission (COG) and one member from the
governing body of a home rule city that operates an independent 9.1.1 system.
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3 Provides that the emergency }ervices (9.1.1) fee imposed on local telephone
service c all not go directly to COGS, but shall instead go into a 9.1.1 services fee
fund addl~~istered by the Corramssion
4 Requires the Commission tq distribute the 9.1.1 services fee revenue to COG% in
accordance with contracts that COG% must enter into with the Comw-ission
5 Provides that under these COG/Commission contracts, a COG must adhere to
certain standards, provide certain reports, and limit indirect expenses to ten
percent of the fund4 received
H.B. 2085 - Halth Initiatives, this is the sunset bill for the Texas DeplAment of Health
(TDH) The following are the directly city-related provisions of this 170-page bill.
1, TDH may impose in administrative penalty on any person who sells abusable glue
or aerosol paint in violation of the law or a TDH rule
2 An emergency medical services operator may provide medical information to the
public during an emergency call if the operator ha: completed training and been
cenifed by TDH, A certified operator will generaliv not be liable for providing
medical information in good faith.
7 TDH shall recommend that cities implement "needleless" systems to reduce the
exposure of city employees to bloodborne pathogens.
4 Each city must maintain a record of incidents in which an employee is exposed to a I
bloodborne pathogen by coming into contact with a sharp object or instrument
E{, 8. 30b1 - O+erwelaht Veblcles provides a city need not pay a fee for a permit to
operate an ov&",eight vehicle i
11,8. 3189 - Alarms imposes restrictions on the sales, service, installation, and monitoring of 1
alai ms by cities, except that the restrictions do not apply to a city in a county of less than 80,000
popuiation (Of 254 Texas counties, roughly 40 have a population exceeding 80,000 ) For the
affecut¢d cities. the restrictions are as follows
I A city may not offer residential alarm sales, service, installation, or monitoring
unless it has been providing monitoring services as of September 1, 1999.
2 A city may otter alarm services to property owned by the city or another political
subdivision, and to a financial institution that requests services to writing
3 A city may provide alarm services if monitoring is not otherwise provided or
available
3262 - i provides that information contained in a rabies vaccine certificate
e given to a city bu~ihelcity may not release such information The bill also provides that a
city may not release information contained in a registry of dogs and cats
N.6. 3467 - Over_wtllshl Vehicle><: allows a city located within 20 miles of an international
o der to collect the entire amount of a fine imposed against the operator of an overweight
vehicle, and requires that the fines collected must be used for road maintenance purposes
SA 8 -_CrIminal Stri ft amends Article 61 01 of the Code of Criminal Procedures
(elating to compiling m ormation on criminal street gangs by providing that a local law
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enforcement agency may compile and maintain criminal information relating to a street gang in a
local or regional intelligence database if the agency maintains the database in compliance -mth
federal regulations established in 28 C F R Section 23 I, and if the information is relevant to the
identification of gangs or to identifying indMdual members of gangs
S.B. 163 - Arrest_ Warrants: increases from S35 to $50 the fee charged for executing or
processing an arrest warrantor capias
S.B. 221 - Dangerous Animals: allows a city to order the impoundment of a dangerous dog
until a court orders disposition of the dog, and allows a city to collect a fee relating to acceptance i
of a dangerous dog by the city
S.B. 430 - Class C Misdemeanors amends the Penal Code to provide enhanced penalties for
repeated violations of certain class C misdemeanors Provides that a person convicted three times
in two years for disorderly conduct or public intoxication or a combination of thesz offenses is
subject to aline not to exceed $2,000, confinement in jail for a term not to exceed 180 days. or
both a fine and jail time The bill aiso requires the judge to suspend the sentence (except for the
tine), place the defendant on community supervision, and require the defendant to undergo
testing, pay Cur the testing, and participate in alcohol or drug abuse treatment as appropriate
S.B. 1239 - Health lnsnections: amends Health and Safety Code Chapter 437 by granting the
Texas Department of Health (TDH) authority to conduct inspections of food service
establishments TDH may detain an article of food that is adulterated or misbranded The
department shall suspend the license of an establishment if the department finds the establishment
is operating in violation of standards and the violation creates an immediate threat to the public
health and safety The department may institute a civil suit in a district court for injunctive relief
to restrain the person from continuing the violation or threat of violation
UTILITIES GNU ENUIIUNMENT I
H.B. 1074 - Accidental DischatU : amends Chapter 26 of the Water Code to require that
within 24 hours of an accidental discharge from a wastewater treatment or collection facility that
may adversely affect a public or private drinking water source, the owner or operator of the
facility must notify the appropriate local govertvnem officials and the local media The bill also
requires the Texas Natural Resource Conservation Commission to adopt procedures for giving
the required notice of accidental spills.
N.B 1283 - General Permits_for_ Discharge or Witsiewattir. amends Section 26040 of the
Water Code to allow the TNR C to issue general permits for the discharge of wastewater in
amounts gr+.ater than 300,000 gallons during any 24-hour period, and to add language and notice
requirements allowing for statewide general permits for stormwaler discharges
H.R. 1362 - Selection of Aporaistn foe City Compensation to Water and Wastewater
Retail Public Utilities. amends Section 13 255 of the Water Code to change the method of
selecting an appraiser to detetmtine the arnount of compensation a city shall pay for property
belonging to a water or sewer utility located in in area which is annexed by a city and for which
the city files an appli:ation for singly certification to serve the area. The previous method allowed '
the utility to select an appraiser whose appraisal was binding on TNRCC and whose expenses
were borne entirely by the city, The new method under H d. 1362 requires the city aid utility to
agree on an appraiser if they are unable to agree, then e:ch shall select an appraiser, the two of
whom shall attempt to agree ort the compensation to be paid if the two cannot agree wiihin 16
days, either the city or the utility may petition TNRCC to appoint a third appraiser who shall
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reconcile the appraisals of the two originally appointed appraisers, and whose decision shall be
binding on TNRCC, The determination of the Hurd appraiser may not be less than the lowest nor
greater than the greatest of the other two appraisals All costs of the appraiser or appraisers shall
be bG -rte equally by the city and the utility.
7 - : aw1iorizes the Texas Natural Resource
Conservation ontmission (TNRC) to approve an application or renew a permit without
conducting a public hearing if. (l) the applicant is not ap lying to increase the quantity of
wastewater or change the pattern or place of discharge; the applicant's activities in the
renewed or amended permit will maintain or improve the quality of the discharge; (3) for an
NPDES permit, TTvRCC will provide notice and hearing in compliance with NPDES guidelines,
and (4) TNRCC determines that the applicant's compiiepce history for the preceding five years
raises no concerns about the applicant's ability to comply with its permit
& requires a governmental entity that constructs or rehabilitates a bridge or
issues a permit e construction or rehabilitation of a bridge to submit a copy of the final
structural plans for the bridge to the Texas Department of Transportation before the 31" day after
the date the construction or rehabilitation of the bridge is completed.
H.B. 1777 TelW• - -W :
adds to the Local Government Code a new Chapter 233 which provides theollowing.
I. The compensation that a city shall receive for the use of public rights-of-way by
certificated telecommunications proviaers shall be paid to the city on a quarterly basis
according to the number of access lines located within the city. The total amount the
city receives shall not be less than that city's "base amount," which shall be determined
in the following manner.
(a) For a city not in category (b) or (c) below, the base amount shall be the
total of all revenue recei,•ed as franchise compensation, fees for permits, licenses,
and applications; an3 in-kind services or facilities from cenrficated
teleconm+.nications providers by the city in 1999. The base amount shall also
include any additional fee rate escalations and the value of additional in-kind
services that are contained in franchise agreements or ordinances adopted before
January 12, 1999 (the date the 76' legislative session began), provided that any
rich additional compensation shall not become pan of the base amount before it
would have become effective under the agreement or ordinance
(b) For a city located in a county with a population of less than 25,000 and for
a city that either lid not have a franchise agreement or ordinance in effect on
January 12, 1999, or which was not in existence on that date, the base amount
shall be the governing bodies' choice of
(i) an amount no greater than the statewide average fee per access line
(by category of line) for the provider with the greatest number of access
lines in the city, multiplied times the total number of access lines located
within the city on December 31, 1993, or the date of the city's
incorporation, if the city was incorporated after that date,
(ii) an amount no greater than the base amount of a similarly-sized city i~
in the same or art adjacent county in which the certificated r.r J~\ +
telecommunications provider with the greatest number of access lines is the
same for each city; or
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NO an amount equal to the total revenue received by the cdv from
franchise, license, permit, and application fees from all cervficated
telecommunications providers in 1998
(c) for a city that was involved in litigation related to franchise fees with one
or more certificated telecommunication providers during any part of 1998, and
that, not later than December 3 t, 1999, repeals any ordinance that is the subject of
litigation, voluntarily dismisses with prejudice any claims in the litigation for
compensation, and agrees to waive any potential claim for compensation under any
franchise agreement or ordinance expired or in existence on September 1, 1999,
the base amount shall be the city's choice of
(i) an amount no greater that, the s!_te,vide average fee per access line (by
category of line) for the provider with the greatest number of lines in the
city, multi led times the total number of access lines located within the city
on December 3I. 1998, or
(ii) an amount not to exceed 21 percent of the total sales and use tax
revenue rerrived by the city, excluding sales and use tax collected for mass
transit, economic development, sports venue, or health service, crime
control, hospital, or emergency service districts
A city's compensation will increase in two ways, First, it will increase through growth
in the number of access lines located within the city Second, beginning two years
after the date that the PuGlic Utility Commission QUO establishes access line rates.
according to the PUC's annual adj,,tment of access line rates (please see number 3
below), compensation will increase by an amount equal to one-half the change in the
consumer price index for u•ban consumers in Texas
3 The PUC shall establish not more than three categories of access lines by November t, j
1999, and shall detennine the rates for each category of line for each city, plus the +
statewide average line rate for each certificated telecommunications provider, by
March I, 2000 The number of access lines in each city shall be reported to the PUC
quarterly by each provider For most cities, the access line rates set by the PUC
multiplied by the number of access tines in each category in each city shall be used to
detemnine the city's base amount (but see no I above). A city that wants to allocate
its base amount over the different categories of acc:ss lines in a articular manner
(rather than allowing the PUC to make the allocation) must notify the PUC of its
desired allocation by December I, 1999.
4 A city may no longer require or demand in-kind services or facilities either at no
charge or at reduced rates from a cer0car d telecommurtications provider. The value
of in-kind services or faciPies received by a city in the past that shall be included as
part of the city's base amount sha!( be equal to one percent of the total value of all
compewtation received by the city from ail certificated telecommurications providers
in 1998, unless the city can show the PUC that the services or facilities had a greater
value in 1998
S, Each city may exercise police power regulations for the protection of the health, r
safety, and welfare of its citizens in connection with activities of certificated k
telecommunications providers in the public rights-of way in the city, and may require construction permits, permits, inspections, and approvals for such activities, but may
not charge
a fee in connection with such regulation, such compensation being included in the
city's but amount The police power re lations a city may exercise may not include
requirements that a business office be located in the city, requirements for filing
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reports and documents that are not otherwise required by law, inspections of a
provider's business records except to the extent necessary to ensure the provider's
compliance with its requirements to report its access lines to the PUC, or approvals of
transfers of ownership or control of a provider's business. A city may require th e
provider to maintain a current point of contact (for information) with the city and to
provide information regarding transfers of ownership or control within a specific
period of time
b. Existing franchises shall remain in effect, but a certificated telecommunications
provider may terminate such a franchise agreement or the provider's obligations under
a franchise ordinance and be governed thereafter by Chatter 283, provided that the
provider notifies the PVC and the city of its intent to terminate by December 1, 1999,
and agrees to pay the city the compensation due under the franchise, including any
escalated amounts at the time such increase(s) would have become due under the
franchise
7. While an existing franchise is in effect, a new certificated telecommunications provider
that wants to construct facilities to offer telecommunications. services in the city shall
pay right-of-way fees that are consistent with the city's most recent franchise with the
provider that has the most access lines in the city.
8 Not later than September 1, 2002, and at least once every three years thereafter, the
PUC shall determine whether changes in technology, facilities, competitive conditions,
or market conditionslustify a modification in the PUC's categories of access lines or,
if necessary, the definition of "access line" contained in the Act The modifications are
intended to ensure competitive neutrality, nondiscriminatory application, and
consistent levels of compensation and growth of compensation for cities
9 The compensation due a city from •vellers and rebundlers that lease or otherw'a
acquire the right to use facilities beionging to an underlying telecommunication
provider shall not be required to remit compensatirn to a city so Ion$ as it remits the 1
same to the underlying provider for payment to the city. Such a provider may elect to
remit directly to the city The PUC shall establish rules to determine how access line
fees shall be paid by a rebundler or reseller that provides more access lines than it
acquires from the underlying provider
to certificated telecommuni cations providers shall indemnify cities and hold them
harmless against claims, lawsuits, judgments, costs, liens, and liability for bodily injury,
death, or property damage caused by the provider in accordance with the terms of
Section 283 051. The indemnity shall not apply to liability arising due to negligence of
the city, its officers, employees, contractors, or subcontractors.
I 11, A city may decline all or part of the compensation it is entitled to receive on an annual
basis
12 Home rule charter provisions, ordinances, regulations, or resolutions of a city that
conflict with Chapter 283 or which are not authorized by Chapter 283 are preempted,
except that a charter provision that was in effect on January 12, 1999 that does not
conflict with Chapter 283 may be re-adopted by the city in the manner provided for
amendir; a hom,r rule charter
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H.B. 1838 - Sanitarlans: amends the Texas Health and Safety Code to, (1) allow the Texas
Department of Health to determine the registration fee for sanitanans; (2) requires applicant for
registration to have graduated from an accredited college or university with at least a bachelor's
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degree that includes at least 30 hours in basic applied science, and (3) require an applicant for
registration to pay an examination fee set by the Texas Department of Health.
H.B. 2109 - Alunlcjoal Llabitin limits municipal liability relative to storage tanks situated on
property that the city obtains through a tax foreclosure
H.B. 2619 - Lased Oil iUe " provides that a person may not store, process, or dispose of a ;
used oil filter in any msnner that may result in the discharge of oil into the soil or water, and j
prohibits a person from placing a used oil filter on land unless the filter is in a container Requires
a transppover, storage facility, or processor of used oil filters to register with T\RCC and allow
T\RCC or a local governmental entity to bring suit to recover penalties for violating these
provisions
11.8. 2660 - Droutht Manatement Plans: requires the state drought preparedness council to
develop and implement a comprehensive state drought preparedness plan for mitigating the effects
of a drought in the state
11.0. 3289 td;t eliminates the tipping fee on sewage sludge that has been treated to reduce
pathogens to~the owest level and compiles with TNRCC rules on metal concentration limits,
pathogen reduction, and vector attraction
S.B. 7 Electric Restructurint: restructures the electric industry and implements customer
choice for retail electric service As it affects municipal interests, the bill provides that
I Cities retain the right to manage public rights-of-way and to collect compensation for use
of rights-of-way and public property for the delivery of electric ser-Oce Effective at the
end of the freeze period (January 1, 2002) the compensation methodology shall be based
on kilowatt-hours of electricity delivered within the city rather than on a percentage of
gross receipts. The amount a city is entitled to collect shall be determined by dividing the
total amount of compensation the city received in calendar year 1998 by the total number
of kilowatt-hours of electricity delivered to retail customers in the city during 1998 The
resulting charge per kilowatt-hour shall be the amount the city may collect in the future,
and the total amount of compensation will grow as electric consumpron grows
2 Cities shall collect compensation for use of public rights-of-way and public property from
the transmission and distribution company. electric cooperative, municipally-owned utility
(;t1OU), or electric utility that provides distribution service within the city but may not
impose a charge on such a utility for electric service provided outside *i city, nor on a
qualifying facility, exempt wholesale generator, power marketer, retail :itctric provider,
power generation company, a person that generates electricity after January 1, 2002, or an
aggregator. The cotr.pensaaon charges paid to cities by electric utilities are considered
reasonable expenses of the utility and are included as nonbypassable charges that a
customer's retail electric provider must pay to the utility that serves the customer.
3 A city may conduct an audit of or pursue a cause of action against an electric utility that
pays the city compensation for use of its rights-of-way in regard to such payments, but an
audit or cause of action commenced after September 1, 1999 is limited to payments that
were made less than two years before commencement of the audit or cause of action
4 After the expiration of a franchise agreement that existed on September 1, 1999, a city and A
an electric utility may agree to a different level of compensation or a differen: method of /
determining the amount a city may charge for use of a public right-of-way or public
property for the delivery of electricity at retail v thin the city.
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5 A newly incorporated city or a city that has not previously collected electric franchise
compensation may adopt a franchise ordinance and collect compensation at the same per-
kilowatt-hour rate that is collected by any other city in the same county that is served by
the same electric utility, transmission and distribution company, X1011, or electric
cooperative
6 An MOU is allowed to choose whether to ppart:.ipate in retail competition within its
service area by a vote of the governing body If a . MOU does not elect to participate, no
other person or retail electric utility may furnish retail electric service within the
certificated service area of the hlOU
1 An Iv1OU shall be deemed to be providing customer choice if it has approved a resolution
adopting customer choice that is effective on January 1, 2002 or within 24 months after
the date of the resolution After the governing body of an bfOU has opted to participate
in retail competition, such decision may not be revoked. All retail customers served by the
6t0U shall have the fight of customer choice, and the MOU shall provide open access for j
retail service The MOU may thereafter offer retail electric serice at unregulated prices
directly to customers without regard to geograplie location.
g Electric services purchased by a city shall be exempt from the requirements for
competitive bidding
9 A city may participate in aggregation in the following ways
fay A city, may be a registered aggrer, itor under Section 39 353 of the Utilities Code It
may join two or more persons shat are not cities or other political subdivisions into a )
single purchasing unit to negotiate the purchase of electricity from retail electric
providers
(b) A city may be a registered municipal aggregator under Section 39 354 of the Utilities
Code It may join with the governing bodies of one or more other cities to authorize a
person to join the governing bodies into a single purchasing unit to negotiate the 4
purchase of electricity from a retail public utility or from a city- acting as an aggregator
under Chapter 303, focal Government Code (see below)
(c) A city may be a political subdivision aggregator under Chapter 303. Local
Government Code. It may join with another city, a county, hospital district, or other
political subdivision that receives electricity from an entity that has implemented
customer choice, and may form a political subdivision corporation or corporations to
act as an agent for the purchase of electricity. A political subdivision corporation may
negotiate on behalf of its incorporating political subdivisions or on behalf of citizens of
the political subdivisions who affirmatively request to be included in the aggregation
services
(Note S 8 1 contains many more AfOU•reiat A provisions Further information regarding those f
provisions is available from the Texas Public Power Association )
S.B. 69 - Regional and State Water Plans amends Section I 1134 of the Water Code to
evtend the date by w'ach regional water planning groups must submit their adopted regional
water plans to the Texas Water Development Board The date is extended Pom September 1, i R
2000, to January 5, 2001, and the date by which the Board must adopt a comprehensive state
water plan is extended from September 1, 2001, to January S, 2002 The date after which
TNRCC may not issue a water right for municipal purposes in a region that does not have an I
approved regional water plan is extended from September I, 2001, to January S, 2002 I
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S .B, 1307 - On-Site twtt¢e Disposal S►stem.: creates a neu statutory prosision to allow a
city to bring a Will lawsuit n a district court to enforce an order, rule, or perm;t issued by
TNRCC relating 10 the operation of an On-site sewage disposal system
S.B. ESE - i ' ' iii ci Ill Ortaed Ctilirv amends
Section 104 2 2 o t e Utilities _od! o clan that the type of gross receipts assessment.
regulatory assessment, of similar expense of a gs utility or municipal utility that the utility may
not include in the rates imposed on a state agency, does not include a payment to a city under a
contract, franchise, or other agreement
c c6 c on C of n Y Wait
Oualirv hotraim declarer the legislatures intent that CC s ou d not dop hate the work
of the U S Army Corps of Engineers in retard to 401 (dredge and fill) and 404 (wetlands)
programs, sPecificalty stating that except in situations here it is necessary to maintain delegation
of a federally delegated Program, TN){CC shauid waive its authority under Section 401 of the
Clean Water Act to certify Corps projects, The resolution also states that in situations where
TtiRCC review is necessary to maintain a federally delegated project, the TNRCC review process
should be no more strin4ent than that recuired by federal law and that it should minimize
duplication of federal activities
i
The Legislative Process
09
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As le&listor As cort rmittee As House As Senate
introduced the bill reported it amended it amended It
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As posed As state p~~ / t
Into low Implemented it budgeWhat the t allowed regly wasted "
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TML
X A So
T E
MUNICIPAL LEAGUE l
i
► !ML rwrrier clda rMl' lee tde rloarld dewlr j a Neh1►Me Ml'
No Oder perior a erN y rNP rqM&W,
prrt oJd6 focr+rrerf rirlerl de 11rlrNl rrdork aide
ram Mwgdf-d t e,
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of3e blod/lo SeMM len
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t1lAllrWOW A ~ 11011111 Will Ge11rd Cs111d • UM 11M11 OreM dodMM Sa1 1a1•SS1wIM
!el fortlor 1,114IM111el 1+11641 Of 11111 111111U1o1 Serrlm Iftell■ut
1111 111Arrlul tell, trill All, 111111, 11111 f1111-1311 1 ISltl 111.1111, !or 11111 111.131'
' c.
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ANNEXATION FOR THE j
THIRD MILLENNIUM
SENATE B&L 89, 761" Taxm LEGISLATURE
THE FINAL OUTCOME
' I
Texas City Attorneys Association
Seml-Annual Conference
June 17 & 18, 1999 1
Radisson Hotel l
South Padre Island, Texas
ANALESLIE MUNCY
TAYLOR, OmN, ADKIiNS, SRALLA do ELAM, L.L.P.
600 THROCKMORTON, Suas 3400 ,
FORT WORTH, TEXAS 76102 c
(817) 332.2360
i
i
ANNEXATION FOR THE
THIRD MILLENNIUM
saeAra a(t e9, 71 TexAS LtorunrR1
tH! FINAL oulcoma
.
INTRODUCTION
The intent of this paper is to present an outline of changes in the taw made by $B 89,
adopted by the 761 legislature, and to scrutinize soma of their complexities. Previsions of the
Annexation Act that have not changed are not referenced unless related to a particular change.
As aids to understanding the changes, several charts are included. Unfortunately, reading this
paper and studying the accompanying charts will not substitute for reading the bill. Every sentence
must be read carefully With your question In mind, Before undertaking an annexation In the future,
a city attorney must become familiar with ail the provisions of this bill.
For the next two and one-half nr is a city may annex as In the past without regard to the
new law, with three exceptions, discussed later. For the next three years, e. city may annex under
the old law with a number of changes. These are indicated in the Transition Table at the and of
the paper. After three years, all annexationswill be under the new law. The greatest impact is on
home rule cities which now hive authority to annex areas without the consent of the landowner
or residents. Under many circumstances, annexing an area without consent in the future will be
an ordeal.
AMENDWNTS TOTHE ANNEXATION ACT
(1) ETJ.
If a city annexes an area it ovens that is not contiguous to the city boundaries, the
annexation will no longer expand the ETJ. (§42.02261
(2) GRANDFATHERED USES. ISEECHARTAI
A city may not prohibit. {
(a) the continued use of land In an annexed area if the use was in existence on the date
proceedings were instituted and was legal before annexation;
(b) beginning a use of land in an annexed area that was planned before the 90" day
before the effective date of the annexation if a completed application for any
required governmental authorizations was submitted before the date annexation
proceedings were instituted, (§x10021
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(3) ANNEXATION PLAN. (SEE CHART 131
r~
(a) Roqulrsd; Exemptions. An annexation plan is required before a City may annex t ;
an area, unless'
(i) The area contains less than 100 tracts of land on which one or more
residential dwellings are located on each tract;
T+ LOK.OLS011. AD uyh SRZL 1 ELXil LLP page t
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AmEAAT~Chi rCR n ! THIRD MILANNI,V
(ii) 60% or more of landowners vote to be annexed;
(iii) Petition of voters or landowners as provided in §43.022, §43023, §43.024,
§43.025, or §43,028 (Subchapter 8, LGC) (Fo(themosipart, these seclicns
require consent or do not affect private property owners);
(iv) Area is or was the subject of an industrial district contract (§42.044) or a
strategic partnership agreement (§43.0751);
(v) Area is located In a colonia;
(vi) Area is annexed under §43.028, §43027, §43.029, or §43031;
(vii) Area is located inside a closed military installation;
(viii; City de!ermines annexation Is necessary to protect the area or the city from:
(A) imminent destruction of property or injury to persons; or
(6) a condition that constitutes a public or private nuisance as defined
by background principles of nuisance and property law of this state. I
(§43.052(h))
(b) Application of exemptions, See CHART C for explanations and application of
these exemptions. r
(c) Attempted circumvention. If a city attempts to circumvent the requirement for an
annexation plan by annexing two or more areas described in (s)(i), a resident or
landowner may petition the city to Include the area in an annexation plan. If city
refuses, the petitioner may request arbitration.
(d) Three-year delay, An area in an annexation plan may be annexed only on or after
the third anniversary of the date the area is placed in the plan, (143052(c)) r
(e) Restricted actions, During the time that an area is included In a plan, a munJcipal
utility district or other special district that will be abolished by the annexation may
not without the consent of the city:
(i) reduce the tax rate applicable to the area, if the reduction would leave less
than 26% of the debt service requirements for the following year,
i
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(ii) voluntarily transfer an asset without consideration; or
I
(iii) enter into a contract for services that extends beyond the three-year
annexation plan period. other than a contract with another political
subdivision to operate water, wastewater, and drainage facilities.
(143.052(d)j x
f -
(f) Removal of area from the annexation plan. There are consequences for removal
of an ares from an annexation plan.
(i) If an area is removed within the fiat 18 months of being in the plan, N may r '
not again be included in the plan until the first anniversary of the date of
removal.
T.N'LOt4 OLSON. ADKINS. SMLLA dt ELAW, LLF ape 4
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ANN WTkCN OCR Tea Theo OLL4NNn,u r
(ii) If an area is removed after the firsI t a months of" ing In the plan, it may not
again be included in the plan until the second anniversary of the date of
removal. [§43 052(e)]
(g) Written notice. Each time an area is added to or removed from a plan, within 90
days of the addition or removal, the city must give whiten notice to each:
(i) property owner In the area to be annexed;
(H) public entity as defined in §43.053, or private entity that provides services
in the area; and
(Iii) railroad that serves the city and is on the city's tax roll if the railroad has
fight-of-way in the area to be annexed. (§43.052(f)j
(h) Internet notice. If the city has an Wemet websits, the city must:
k
(i) post and maintain the posting of its annexation plan and any amendments
to the plan on the website;
(ii) include an area in the posting until the area is annexed; and
(iii) Include an area in the posting that has been removed from the plan until the
date the city may again include the area in the plan. I§43.0520))
(4) INVENTORY OF SERVICES AND FACILITIES. (SEE CHART ej
For each area included In an annexation plan, the city must compile a
comprehensive inventory of services and fookes provided to the area, directly or by
contract, by public and private entities, based on the year preceding the date the area was
included In the plan, (§43.053(b) 3 (d))
(a) Information from other er:'tlee. Each public or private entity that provides
services or facilities Is required to provide the City with alt necessary inform4don to
compile the Inventory. The city must request the information from the entities In the
written notice of the annexation plan, (143.053(c))
(b) Contents.
(i) For infrastructure (utilities, roads, drainage structures, etc.), the report must
include;
(A) an engineer's report that describes the physical condition of all
infrastructure elements in the area; and
(B) a summer/ of expenditures for that infrastructure, (§43.053(e)l
(ii) Fnr police, fire, and emergency medical seMoes, the inventory must
i, ciude:
(At the average dispatch and d*IN$ry time;
(E a schedule of equipment, Including vehicles;
TAVLOR.OUON, AOtaNS. SR,LLLA 6 ELA.a, LLP Pegg 3
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ANNEXATION Rpll NO TMAO IAh"INMQU
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(C) a staffing schedule that discloses the certification and training levets
of personnel; and
(D) a summary of operating and capital expenditures, (§43.053(f)1
(c) Availability. The Inventory must be complete and available for public inspection
within 60 days after the city receives the information from the entities. (§43.053(g)]
(d) Monitoring services. The city may monitor the services in the area to verify the
inventory information.
(s) ANNEXATION OF AREAS ADJACENT TO STRIPS.
(a) A city may not annex an area that is in its ETJ only because it Is contiguous to city
territory that is less than 1,000 feet In width at its narrowest point. (§43,0545(a)]
(b) A city may not ann.?x an area that is in its ETJ only because it Is contiguous to city
terntory that,
(I) was annexed before September 1, 1999; and
(ii) was in the city's ETJ at the time of annexation only because the territory was
contiguous to ity territory that was toss than 1,000 feet in width at its
narrowest point (§43 0545(b)]
(c) Exceptions: The restrictions do not apply to an area if,
(i) the area is completely •-Irrounded by territory of one or more cities;
(ii) the landowners have requested annexation;
(iii) the area is owned by the city;
(iv) the area is the subject of an industrial district contract under §42.044; or
(v) because of subsequent annexation, the minimum width of the narrow area
is no longer less than 1,000 feet. (143.0545(c) 3 (d)] III
(d) Calculation of 1,000 feel. Roads, highways, riven, lakes, or other bodies of water
are not (nciuded in computing the 1,000 fool distance. (§43,0545(8)]
(6) SERVICE PLAN. [SEE CHART 01
Significant changes to the service plan provisions Include:
(a) Timing for completion of service plan.
{i) Foran area in an annexation plan, §43.058(s) provides that the service plan r (fir,-`•
must be complete befors the first day of the 10" month after the month of
completion of the inventory of seMCes. However, §43,0580) provides tint
the service plan must be made available at the public hearings, and the
hearings must be held within 00 days of completion of the inventory of
services. (§430581(a)]
TAVLOtL OLSOn. ADxtwy, SruLLA6 ILkm. LI P Psi 4
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AN wl'tN PCA "me lrmmo MILL ENNIVO
Iii) For an area not in an annexation plan, the service p )i must be made
available at the public hearings. (§43.05%), made applicable by
§43.065(b)j
(b) Timing for services. The plan must provide for full municipal services in the
annexed area no later than n (rather than 4%.) years after the effective date of the
annexation unless:
(i) certain Cervices cannot reasonably be provided within that period; and
(ii) the city proposes a schedule for providing the services that extends not
longer than 4;4 years after the effective date or the annexation, (§43f056(b)j
(c) Immediate services. All services previously listed in the statute plus emergency
medical services and the operation of certain facilities, must be provided on the
effective date .'annexation(rather than within 60days ofannexadon). (§43.058(b))
(d) Construction of capital Improvements. Construction of capital improvements
must be substantially completed within 2A years (rather than 4R) of annex,,tion.
The plan may be amended to extend this time if construction Is proceeding with all
deliberate speed, (§43.056(x))
(e) Full municipal services. In addition to the former definition of "full municipal
services", water andw3stewaterServices areexpressly added ifthese areprovided
inside the city, (§43.056(c))
If) Areas annexed between December 1, 1996 and September 1,1999. The city
must provide sewer services in the area as if annexed after September 1, 1999,
except that, "no later than five years after the effective date of the annexation, the ,
municipality may not provide sewer services in the annexed area by means of a
package wastewater treatment plant." (§43.058(b)) '
(g) Levels of services.
(i) The service plan may not provide for services in the annexed area in a
manner that would reduce the level of fire, police, and emergency medial
services within the city. (§43,058(0(3)j
(it) if the annexed area had a level of seMces lower than the city, the service
plan must provide the area with a level of services comparable to the level
of services available in other parts of the city with land uses and population
densities similar to those reasonably contemplated or projected in the area.
(143.056(g))
(iii) If the annexed area had a level of services equal to services in the city, the
service plan must maintain that same level of services. (§43,056(g)) (Iv) If the annexed area had a level of services superior to the level of services
in the city, the service plan must provide the area with a level of services
comparable to the level of services available in other parts of the city with
land uses and population densities similar to those reasonably contemplated
or projected in the arse. (§43,056(g))
TAYLOP, 0L30,4, AD Kv4S,SIW.LA&ILA16LLP PS MS
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(v) If the annexed area had a level of services for maintaining the infrastructure
of the area superior to the level of services provided within the city, the
service plan must maintain the infrastructure of the annexed area Ala level
of services that is equal or superior to the level of servires previously
enjoyed in the anrexed area. (§43 058(9)1
(h) Disputes. Disputes over levels of service in Houston are settled by arbitration. In
other titles, by mandamus. The city has the burden of proof in a mandamus action
for enforcement of a service plan. (§43 056(1)) The court is given broad powers of
enforcement, including specific performance, refund of fees collected, civil penacues,
and assessing costs and attorneys' tees against the city. (§43.058(1))
(t) Distinguishing characteristics. A city may provide differing levels of services to
an annexed area based on a determination by the city council that characteristic
of topography, land use, and population density warrant the difference, but disputes
over levels of service must be settled in the same manner described in (h) above.
(143.056(m))
(j) Solid waste collection. A city is not required to provide solid waste coltection to
a person in an annexed a ea who continues 10 use private solid 'gvaste colllction
services Before the second anniversary of" annexation of an area, the ajmay
0z(i) prohibit private solid waste collection in the area (no reference to wnether
private services had been provided before the arinexafion), or
(il) impose a fee of solid waste collection on a person who continues to use
private solid waste collection services (this indicates that the person had to
have been using it before annexation). (§43.056(n) & (o)) 1
(7) HEARwo REQUIREMENTS FOR AREAS IN AN ANNEXATION PLAN.
(a) Public Hearings. Before a city may institute annexation proceedings, the dry
council must conduct two public hearings, at which persons Interested In the
annexation are given the opportunity lobe heard. (§43.0561(a)(
(b) Time. The hearings must be conducted not later than the 90" day after the date the
inventory is available for inspection, See Paragraph (6)(8)(i) of this paper for an
explanation of the conflict on timing of the availability Of the service plan.
!§43.0561(a)) (See Chart B)
(c) Notice of hearings. The city must post notes of the public hearings on the city's
Internet website, if the city has a website, and publish notes in a newspaper of
gereral circulation in the city and in the area proposed for annexation. The notice
'cr each earing must be published in the newspaper at ;east once on or after the rr
20th day, but before the 10th day before the date of each hearing. The notice for
each hearing must be posted on the city's Inlemet website on or after the 20" day
but before the 10°i day before the data of the hearing and must ramsin posted unt,'I
the date of the hearing. The city must give additional notice by certified mail to
each;
TAYLO& OLSON, ADKINS, SPIALLA `r.,is,. LLP Pogo a
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ANNEo TICN►CR Tr«0 MiLLENNItiM
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(t) public entity as defined in §43,053(a);
(ti) utility service provider that provides services in the are % and
(Ili) railroad company that serves the municipality and is nn the city's tax roll if
the company's right-c way is to the area, (§43.0561(c))
(d) Hearing In area to be annexed. If 20 adult residents of the area file a written
protest within 10 days after the date of publication of notice, one of the hearings
must be held in the area. If there is no suitable site in the area, the hearing may be
held at the nearest suitable public facility.
(a) REQUIRED NEGOTIATIONS.
(a) After a city of less than 1.6 million completes the hearings on an area, the city is
required to negotiate with ;he property owners and the governing body of any
special district (as defined in §4 3.052) for the provision of services after annexation
or the provision of services in lieu of annexatJon. (§43.0562(a))
(b) For purposes ofnegotlations,thecommissioners court orthecountywillappeintriive
landowners to negotiate with the city. There are additional provisions for areas In
more than one county and areas with more than one special district. (§43 0582(b)
3 (c))
(9) CONTRACTS IN LIEU OF ANNEXATION.
(a) City Is authorized to enter into an agreement A city is authorized to negotiate
and enter into a written agreement with the representatives designated under
§43.0562. The agreement is in lieu of annexation and the parties are granted broad
authority to include funding of services, permissible land uses, compliance with city
ordinances. and other terms to which both parties agree that will resolve the
dispute. (143.0563)
(b) Arbitration, Either party may seek appointment of an a,bitrator by written request
before the Se day after the date the service plan is completed under §43.056.
Section 43.0564 details the arbitration process. If the city woes not agree with the
terns of the arbitrators decision, the city's al;emative Is not to rnr,ex tha area
before the f1k, anniversary of the date of the arbitrators decision, (§43.0584)
(10) PROCEDURES FOR ANNEXATIONS EXEMPT FROM ANNEXATION PLAN.
(a) Provelons from Subchapter C that apply to SubehWer C•1. Procedures for
exempt annexations are now in Subchapter C•1. Subchapter C•1 makes the
following provisions from Subehapter C applicable to exempt annexations:
(J) §43.051, restricting annexations to ETJ unless the city owns the property;
a % A~
(ii) §43.054, width requirements;
(iii) §43.7545, restrictions on annexing adjacent to narrow strips;
TM LOIL OLSON, ADWS. SaALLA & ELAw, ILL? pool
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(N) §41.055, maximum amount of annual annexation;
(v) §430565, Houston arbitration provision;
(vi) §430567, Houston water and sewer service provision; and
(vii) §43057, annexation that surrounds an area. (§430621 1
(b) Annexatlon of area containing less than 100 tracts on which one or more
residential dwellings are located
(i) This exemption is not limited to annexations of an area with less than 100
tracts. It applies to an area with any number of tracts so tong as no more
than 99 of the tracts contain residential dwellings.
(ii) Written notice of annexation exempt from the annexation plan because it
contains less than 100 tracts on which one or more residential dwellings are
located on each tract, must be sent before the 30" day before the date of j
the first hearing, to each: !
(A) property owner in the area to be annexed;
(B) public entity as defined in §43.453, or private entity that provides
services in the area; and
(C) railroad that serves the city and is on the city's tax fall if the railroad
has right-of-way in the area to be annexed. (§43.062(b))
(iii) This exemption is important for home rule cities which want to annex mostly
vacant land. Under this provision they will be able to continue to anrex
vacant land without consent and without placing the land in an annexation
plan.
(c) Public Hearings. Before a city may institute annexation proceedings, the city
council must conduct two public hearings, at which persons interested in the
an,taxation are given the opportunity to be heard (§43 063(a)),
(i) Time. The hearings must be conducted on or after the 40th day and Lefere
the 20th day before the date of the institution of the proceedings. (See than)
(§43.063(a))
1
(ii) InstltutlonofprocHdlnQs. The date of the institution of the proceedings"
has been established as the date the annexation ordinance is Introduced
and passed on first reading. If a city requires only one reading, the
proceedings are irtstitute6 and completed at the same lime.
(Irt) Hearing In proposed area of annexation. If a written protest is filed by
more than 10% a the adult residents of the area proposed for annexation
within 10 days after publication of notice, at least one of the public hearngs
must be held in the area proposed for annexation. (§43 063(b)1 r
(iv) Notiee of hearings. The city must post notice of the public hearings on the A
city's Internet webill if the city has a website, and publish notice in a <
newspaper of general circulation in the city and in the area proposed !or
annexation. The notice for each hearing must be published In the
newspaper at least once on or a 4 jr the 20th day, but before the 10th day
before the date of each hearing. The notice for each hear ng must be
TA VLO& OLW N. ADx1NS, Sa ut.A & Ill LL/ PiSi 6
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UNEUnCN FCN THE T. mo MPLLeNNiL y
posted on the city's Internet webs;te on or after the 20" day but before the
10" day before the date of the hearing and must remain posted until the
date of the hearing. The city must give additional notice by certified mail to
each railroad that serves the city and Is on the city's tax roll if the railroad
has right-of-way in the area to be annexed, «43.063(c)j
(d) Deadline For Completion of Annexation. The annexation of an area must be 4
completed within 90 days after the date the city council institutes the annexation
proceedings (§43064(a)) The institutlon of the proceedings is the date the
annexation ordinance is passed on first reading. For a city tnat requires only one
reading of ordinances, this provision is insignificant,
(11) DISANNEXATION.
Section 43.148 is added to require refunds of taxes and fees to property owners if
an area is disannexed. Section 43.141 is amended to extend the waiting period from 5
years to 10 years for again annexing a disannexed area.
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(12) SCHOOL DISTRICTS.
(a) The city must provide the written notice to all school districts located in an area to
be annexed within the period prescribed for publishing notice of the first public
hearing. The notice must include any f nancial Impact on the district that may result
from the annexation and the city's proposal to limit the effects of that financial
impacL
(b) A city that has annexed any portion of a school district containing a school facility
between December 1, 1996 and September 1, 1999,
W shall grant a va nee from the city's building We for that facility if the
facility does rot comply with the code; and
(II) may charge the distract for utility servlces at the same rate that the distrct
was paying before the annexation or a lower municipal rate, and the rate is
effective until the first day of the district's fiscal year that begins after the 90"
day after the effective date of the annexation. (§43 906(a))
(13) VOTING RI3HTS MATTERS,
(a) City's are required to submit annexations to the Justice Department for
preclearance not lator than the 90" day before the effective date of the annexation
or the earliest date permitted under federal law. (§43.903)
(b) After the city receives preclearance, persons residing in a newly annexed area must
be allowed to vote notwithstanding §276.006 of the Election Code,
(14) TRANSITION. (SEE TRANSITION TABLE)
(a) Adoption of plan required, The law takes effect September 1, 1999. Each rty Is
required to adopt an annexation plan on or befora December 31, 1999, that
becomes effective December 31, 1999. For cities which have no possibility of
annexation, such as landlocked cities, this requirement seems superfluous. Many
cities will have a one page plan stating that they do not intend to annex arty area for
which an annexation plan Is required.
Tit Loa.Ouon. ADKINS. SLULLA A ELAN1. LL! Ppe it
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(b) AAnexation of nonexempt area during first threa years. Between Oeamber i
31, 1999, end December 3t, 2002, a city may continue to annex any nonexempt
area that Is not included in the annex&Uon pion, and the former law Is oonUnutd in
affect for that purpose; except, that certain new provWons do spoly during that
period if the first hearing is on or after September 1, 1M. Sea Transition Table,
(c) Areas exempt from an annexation plan. In areas exempt from the annexation {
plan, if the notice of the first hearing required by 343.063 is published on or after
September 1, 1999, certain new provisions apply.
(d) RoVoaetlve Provisions, There are three retroactive provisions in the bill.
(i) esclion 43.05 rb) requires sewer service within 2A years in an area
annexed after December 1, 1998 but before September 1, 1999. Aher live
years M city may not provide the sewer services by package treatment
plant
(it) Section 43.0712, relating to Invalidstlon of an annexation of a special
district, applies to an annexation that occurs before, on, after the effective
date of the new law. (See Section 17(g) of the bill.)
(ili) Section 43.906(x) provides that a city that annexed any portion of a school
district containing a school facility between December 1, 1998 and
September 1, 1999 must grant a variance to the building code and adjust
utility crarges as described in Paragraph (12) above.
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TAVLCx.OLabn, ADKLYS, SaALLA i LLA.N. LLI Page to
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CHART A
GRANDFATHERED USES
§43.003
The use existed on
City cannot prohibit date proceedings
use of land IF: were Instituted
and was legal at
the time.
The use was Some governmental
planned before the approval was Complete application
90th day before the filed before the date in-
effective date of the required for the nexation Is instituted.
annexation IF: planned use.
Application Is complete if it contains all documents
and information listed in notice to the applicant
from the governmental entity.
TAVIAM. Dimon, Aommi, Skin lA A KlAM, LLF
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CHART B
ANNEXATION PLAN
AND INVENTORY OF SERVICES
two. f oR Omoimu AmaxAnciN PLm
12131199 3129100 112131100 121311011 12131M 01131103
90 days aller wan90daysafter wan60dayssuer wan99daysafter 31days,onar
ad ion of an notice to erdlties 1`421 1004110. release IN invent 3rd annlvlasary
Last day to give Entities must City mull City must 3rdanniver-
written notice of provide city In- make hold both sary of dais
plan lo. ventory infor- invenlory hearings. AI original
(1) landowner's in madon unless available which areas
area; city and entity to public, service plan placed In
(2) public or pri• agree on ex- Is made the plan, % veto entities that lension. avaiabts.
provide services in
the area; and
(3) rsilfoads In the For servke plan require- Last day to
area. Monts, see Chart D. cornplets on.
nexallon,
otherwise
Citie: must have com Cities may amend the plan at any time to add areas for may not Ain-
Notice to public 3 annexation on the 3rd anniversary of the amendment. nex area for
plated an annexation private entitias must Timelines apply to amendments. 5 years.;
plan, effective this date, requesl information - - - - -
Mich identifies areas to for Inventor/ of ser.
be annexed on" 3rd vicec
anr>Iversary of the plan. Cities with websites must maintain a posting of the annexation
plan and amendments to the plan on the website.
- I
TA1'Ibk,UIsuN,At1` om,SkAMA EIA61,MY
CHART C
Annexations Exempt from Annexation Plan
§43.052(h)
Type A ` Type B Type 0 Hearn Rk
fseesm reareKee re rYr tear oewrerwrl Ced►J Ge~rltr Later G«wr LW Oenesr ltw4r 00th
Area cootains+ees Nan 100 tracls of land on welch one j
if olMr if Or If other
or more res+dendal Noilings are located on each tract • wthaiy exists authority exlste authority exists Apples
without consent
50% or mare of landowners vote to be annexed, 4 Ow It Other it Oftir
wNonty exisla outhoriy exleU auftnty exisU
May annex after approval at an slecdon called in
accordance with a city charter, in the ay and in the area. 0040 not apply 0000 not apply D000 not apply Applies
S43A22
Inhabitants of area paft'A city Tor eUCtlon in the arse an If population is f population is if population is
the Question of annexation, and it ie approved at the 5,000 or more 5,000 or fare S,00o or more Oose not apply
election, 543 023
Area is Ili mile areas m width, majany of votws'in area
vote in favor, and 3 voters Ilia affidavit wit mayor, Apples Does not oppy, 0001 not apply Doee not apply
§13,026 _
May annex s,ea that MII not enlarge cily beyond umis
described in 55 Wt. d majoriy of volen'n Was vote in Does not spy, Apples 00ee not apply 0063 no apply
favor, and 3 voters the affidavit with mayor. §13025
May annex an area Nat the city owns. §43.028 Applies Dore not apply Does not apply Dore not apply
May annex a nav'pabts stream. 543 021 Applies Applies Applies Doee not apply
1I
Upon petition of Iarid owners, may annex a owbguous arse
mile or less in width, that is vacant or has lose than 3 Apples Applies Apprise Appal
resident voters 543 028
Very mad brac4ted cites may Annex Area upon petition Apples Apples Applies 0000 not apply
of W401 disinct. §43.024
Axf Kent cities may exchange most of iea than 1000
feelinwidth §43031 Apples Applxss Apptiee AgpNee
kos is or was wbject of an wrdua 0 41a id canra:l or s Applies Apples Applies AppNes
susloglc pannerahip agreement 542.044 or §e3 0751
Area is tcated in a oolonia if other If other it other Applies;
suo" exists wthorlly exreU auNaiy exists
kse is located ns ca a : csed military Notation. If other If other if other A Tee
wNonlyexists sufarily exlsto sutwiy exists
r;
Gy determines annexation is race" to protect the t Al
area or the city from wnminenl deatrucdm of property 0! ! \
injury 10 persona or from A condition that constituiee a If oft it odor if other ApOu 1
au exlsU
public of private nuisance as defined by beckground suftority exUU suf+oriy exleU tttonty
principles of nuisance and properly low of tie Tea.
TAY Loot, 0u4om ADICI143, SRALLA & EuM, LLF
h I
I
CHART D
SERVICE PLAN FOR AREAS IN AN ANNEXATION PLAN
wwhn 60 days all 9( eafore 1st day of 10th
receipt of inventory month shot month of On efflectlve date 214 years after effective 4% years after effective
Informalan conpietwolinwntwy o1 annexalion dale of annexation dale of annexation
city must city must If city provides any of the Full city services in City must provide
complete complete following urvices In the city, annexed area by this full services Plan
Inventory service it must Inunedialely provide dale, unless services may be amended to
and make it plan by this them In the annexed area: cannot reasonably extend time if
available to date. be provided within construction is
the public 643.056 (1) police protection; Ihle period, and city proceeding with all
(2) fire protection; proposes schedule detit,•rale speed
(3) emergency medical; to complete In 41% §43.058(e)
1 _ (4) solid waste collection;. years.
(5) operation and mainte-
NOtB: §43 0561requlres nano of,
(a) water and wastewater
ihal twarings be complete by (401fies;
90th day after inventory Is (b) parks;
available to public .143.0560) (c) other publicly owned
requires service plan be facility or service, in area annexed Mer 12/01199
available at pubic hearings l before 09/01199 city must
Il appows that this 9 months provide sewer service by this
for completion of servke plan schedule, except, no later than ,
Is In conflict with §43 0561. 5 years after the effective date
s£xupt to parsons who continue to use private of annexation, city may not
solid waste collection services. provide s"war by 10w4l1ef U meant eatmo
package wasleeni
cant.
TAI laJk, Oimw, Aukoii, StulfA & lust, Lf.P
I
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TIUMMON YASLE
✓ mixAm TNAT TNt PRoAwN Amens tocATfil1lIf W&IIN N cim NOT N KY:
~Na~llurAStoss or , , eal w~ulwtotAro~"w
r
AMENDMENTS
FROMAlIrR%A1~ON'lAr4,' FROafA+witi4kTio~1
15to ANiiiamf 'rofli[N , KMIOTHi
tNicnoN' 41tt311YiA14D/7J31A2 „M6MtNC~~~;
V 1MTtElt oa01M AFM 01W 10
143.0225 Annexation of noncol ipuow area t ✓ x
owned by city
;43002 Grandfathereo uses 2 ✓
Subcfi. C Changes title of Subehapler C to apply
to areas annexed under an annexation 3 k
plan k
141052 Requires annexation plan 4 x
I
143 063 Requires invenloey of services 4 M x
143,054 Removes Houston from restriction on 5 ✓ ✓
narrow amps
143.0$45 Annexing sdJeee6110 narrow strips 6 ✓ ✓
143,0546 Houston provision on narrow strips 6 ✓ ✓
143.056(s) Time for completlon of service plan 7 M M
143.0501 Time for providing full municipal I ✓ ✓
services
143.056(c) Definition of full municipal services y ✓ ✓
143056(e) Time for erqulaitlOn or construction of I ✓ ✓
capital improvements
643066(f) Restrictions on provlslons In serviG 7 ✓ ✓
plan
143.056(g) levets of service In annexed area 3 ✓ ✓
143.056(1) Enforcement of servies plan by
res cents or land owners by arbitration
in Houston and by mandamus In over I ✓ A, s
cities
143.056(m) Disputes over different levels of T ✓ ✓
services
Taylor, Olson, Adkins, Sralls & Elam, LLP
r,
TRANS rnON Aki '
✓ INOICAM TPAT 7W PROM" ARMS X wo1w71i$ T*T T+'i 1M1 4000 OM Nor APPtY
AWODAIM OF AM& Wtt 04 ARIIVAli`oPW
;Amur NOt tow , , 1 MUl,aaaM r
AMENDMENTS ; ° hI10MASNR)tAT10NPW1, rR01aANNf7tAT10f{
ML' AWw=stTw&c4 PLW O r R lw::
aslclalwa. 120311i'iAN012/ 1/02 Mi/JMrOis `
1^ Ir,i~t,llyuNCiM6NOR. ,^wt,N+tobr~o
F AiTsptO 01f1iQ' ARfROW011it
143050(m) Continued servlce by pAvsts solid 7 ✓ ✓
wasia collection service provider
§43 056(o) City not required to provide certain 7 ✓ ✓
SaW waste collection
1430561 Hearing requirements for onnezetlon! 6 M x
under an annexation plan
1410562 Required negotiations with land 6 x
awn am and districts
143.0563 Authorization for contracts in tleu of
annexation for titles other than 6 M M
Houston
143 0664 Arbitration regarding nerliations for 6 M M
services
1430565 Houston provision on eafOrcemant of 6 ✓ ✓
service plan
§43 0712" Invalidation of annexation of Wolof 10 ✓ ✓
district
643.0751 Strategic partnership agreements 11 ✓ M
1430752 Arbitration of strategic partnership 12 M M
agreements
143.121(&) Authorising Certain home rule cities 10 13 ✓ ✓
annex foriimited purposes
143.141(C) Llmitatton on annexing dis&nnexed 14 ✓ ✓
areas
§43146 Refund of taxes and fees to 16 ✓ ✓
disarinexed areas
143.905 Notice to school districts 16 ✓ ✓ r r'
143 906 Voting rights manor$ after annexation t6 ✓ ✓
*143.056(b) requires sewer WV161 in area Annexed between 12!01196 and 09101!99,
"143 0112 applies to in tnnaxettdn that occurs before or after 09101!99,
Taylor, Olson, Adkins, Valle d Elan. LLA
c:
c;
i
PROPOSED LEGISLATION 1999
May Not Annex
Extraterritorial (In the ETJ only because It is
durledlctlon Contiguous to territory that was
annexed before 911199 only because j
it was conliguous to a narrow strip)
i
i
May
May Annex at Annex
Y (Area Is completely
Owners' surrounded by the City)
Request
2 t;
HaRPY LAKE
' Neighbors
f CITy
` May Not Annex
(Lake does not ;ount
r toward 1000 teo
May Annex
(Ara Is owned by the City)
• May Not Annex
• (Contiguous tG
1 narrow strip)
City Owned Landfill .t ~ ,
~ C'ty Owned Airport
May 0r May Not Ee Able To Annex
(Deponding upon wham the airport was annexed)
i
(
I
II' t,
I
I
M
M '6(R)1(8 156 Enrolled serslon • BIIJ Tcv hnp, ,%%k% capital stite (x wOa,76(bi1ltettllB00176F,HTM I
1-1 AN ACT w
1.2 relating to the application of the open meetings law to certain
1-3 gatherings at which a governmental body receives information from
1.4 third persons, including government employees.
1-S BE 11' ENACTED BY THE LEOISLATURE OF THE STATE OF TEXASi
1.6 SECTION 1. Section 551.00114), Government Code, is amended
1.7 to read as follower
1.0 (4) "Meeting^ meansj.
1.9 ,(I ■ deliberation between a quorum of a
1.10 governmental body, or between a quorum of ■ g,vernmental body and
1.11 another person, during which public business or public policy over
1.12 which the governmental body has supervision or control is discussed
1.13 or considered or during which the governmental body takes formal
1.14 action!! or
1-15 (9) except as otherwise provided by tLU
1.16 subc! 1Llsion, a gatherings
1.17 (1) that !a conducted by the governmental
1.10 body or for which the governmental body is romoQn is blst
1.19 (it) at ghich a "drum of members of the
1.20 governmental body is present,
1.21 jiiil that has been called by the
1.22 governmental bodvf and
1.23 UY) at which the members receive
1.24 information from. give information to, ask questions of. or receive
0-1 questions from any third person, including in empleves of the
2-2 r public polheicy over
2.3 which the !overnmentalbyy hoe supervision or conErpl, T term
2.4 does not include the gathering of a quorum of a governmental body
a-5 at a social function unrelated to the public business that is I
2.6 conducted by the body, or the attendance by a quorum of a
2.7 governmental body at a regional, state, or national convention or
2.0 workshop, if formal action is not taken and any discussion of
2.9 public business is incidental to the social function, convention,
2.10 or workshop. The term includes a session of a governmental body,
2.11 SECTION 2. Section 551.075, Government Code, is amended to
2.12 read so followst
2.13 Sec. 551.075. CONFERENCE RELATING TO INVESTMENTS Ah'D
2.14 POTENTIAL INVE$j'1jjN$ ATTENDED BY BOARD OF TRUSTEES OF TEXAS GROWTH
2.15 g s CLOSED MEETING. (a) This chapter does not
2.16 require the boar of trustees of the Texas arowth (yp4 to
2.17 !=-4h, -Be6y) to confer with one or more employees of the
2.10 (~eveennteMS~-body) in an
2.19 open meeting if the only purpose of the conference is tot
2120 (1) receive Information from the employees of Lhe
2.21 Texas growth fund or the third party
2.22 potential investment t+
2.23 (A)_ a private business entity. isclosure of
2.24 She information would give advantage to a competitor
2.25 (B) a business entity whose securities are
2.26 publicly traded. if the investment or potential Investment Is not
2.27 required to be registered under the Securities Exchange Act of 1914
1 (15 U,S.C. Section 70a et sea.), and !ea su int sndments._and
3.2 if di,iclosure of the information would give s venues to a
3.3 competitors or
3.4 (2) question the employees r or
3.5 the turd party regarding on 111yatment o potantia investment
3.6 described by Subdivisipn ll}y if discloa re of the information
3.7 contained in the attentions or anowera would give advantage to A
3.0 competitor.
3.9 (b) During a conference under Subsection (s), members of the ~i
$.10 bsatd of trustees of the Taxae growth fund f 1 may 4
3.11 not deliberate public business or agency policy that affects public
3-12 business. r
3.13 (c) In this section. "Texas growth fund" means the fund
1.14 created bv_Sectioa 7
3.15 SECTION 3. Section $51.144, Government Co e, is amended by
3-16 adding Subsection (c) to read as follows
3.17 (c) It is an affirmative dtfenee to crosacution under
1.10 Subsection (a) that the member of the governmental beds acted in
ION 2 7/1,99 11:01 AM
u
161R1110 136 Enrolled ve.sion • Bill TW h tpa1vww.eapitol.vfate,Lx us'llo/76r bitluu 11800136T HTM
1.19 reasonable rolian of
3.20
3.21 attorney czanoral. ex the attorney gor pa movernman",
3.32 9ECT1ON 4. The importance o this legislation and t e
1.21 crowded condition of the calendars in both houses create an
3.24 emergency and an imper%tive publto necessity that th4
3.25 constitutional rule requiring bills to be read In three several
1.26 days in each house be sue ended, and this rule is hereby suspended,
3•47 and that this Act cake effect and be in force from and alter its
4.1 pavuage, end it is so enacted.
President o the enat• speaker o the House
1 certify that H.O. No, 1S$ was paned by the House on April
13, 1959, by a non•rncord voter and that the House concurred in
Sonata amendments to N.b. No. 3S6 on May 22, 1999, by a non record
vote.
Chief Clark o the House
i certify that H.H. Po. 1s$ was pawed by the Senate, with
amendments, on May 19, 1999, by the following votei Yeas 29, Nays
0.
i
Secretary of the Senate
APPROVEDr
Date
Governor
I
I
I
i
i
l ~r
s
2o(2 N1l9A 11 bbl AM
, I
i,
I
! II
76(R) SIB 415 F~,rolled xenion • Bill Text hnps"www capitol, state tx us1lo,76r billuttHB0048517 HTM
i-1 AN ACT
1.2 relating to the presumed validity of a municipal act or proceeding. Its
1.1 BE IT ENACTED BY THE LEGISLATURE OF THR STATE OF TERA9i
1.4 SECTION 1. Subchapter A, Chapter 51, Local Government code,
1-5 is amended by adding Section $1,007 to read as followst
1-C See. 51.003. MUNICIPAL ACT OR PROCESDING PRESUMED VALID,
is
1.7 m re sgma s s of t •da dinteitg of A0C;Murrpgl. unicioato be valid and
1•e cone v p
nCg With all apollCable 9
1.9 tatutee and
1.10 ordinances ift
1.11 (1) the third anniversary of the effective date of the j
1.12 act or oroceedinei has expiredr and
1.17 (21 a lawsuit to annul or invalidate the act_ar
1.14 proresling hap not been filed ono before that third anniversary.
1.15 (b) This aoqtlon does not apply tot
1.16 flu at, act or proceeding that was Vold ■t the time it
1.11 occurredi i
1.11 JJL_an act or proceeding that. under
i
1.19 state or Lho United States, waa a misdemeanor or a env ■t the time
1.20 the act or proceeding occUrrfdz
1.21 (31 an incorporation or attempted incorporation of s
1.27
1.27 by a municipality, within the inegrearatei ba'aurollag;ialt or
1.24 extraterritorial lurisdlctionof_ t occurred amunicloality in violation of
2.1 without the con
3.2 Chaotwr 42 or 43f
2.3 it was passed, was
2.4 1 acute o ehis ataea or the United Statea.
2.5 nreempteQ by e including section L 06 or 109.57. Alcoholic Beverage code, ar
2.6 (51 a matter ths[ on ttA affertiva dale of this
2.7 AVIIQU
2.4 (A) is involved in 1! itigation
2.9 ultimately results in the matter being old invali'd Dal
2.10 ludgmant of a court) or
2.11 tB1 has been hold invalid by a final Judgment of
2.12 a_court,
2.17 SECTION 2, The importance of this legislation and the
2.14 crowded condition of the calendars in both houses create an
2.15 emergency and an imperative public necessity that the
7.16 constitutional rule requiring bills to be read on three several
2.17 days in each house be suspended, and this rule is hereby suspended,
2.18 and that this Act take affect and be in force from and after its
2.19 parsage, and it is so enacted.
P~- rasident e the Senate, Speaker e the House
I certify that H.S. No. 415 was passed by the House on May 3,
1999, by the following voted Yates 178, Nayp 1, 2 present, not
votingi that the House refused to concur to Senate amendments to
H.B. No 415 on MAY 26, 1999 and requested the a pointment of a
conference committee to consider the differences between the two
houses) and that the House adopted the conference committee report
on H.B. No. 48S on May 70, 1999, by the following vote! Yeas 137,
4 Nays 4, 1 present, not voting.
Chief Cat o the Rouge
I certify that H.B, No. 485 was passed by the Senate, with
amendments, on May 24, 1999, by the following votes Yeas 30, Nays
01 at the request of the House, the Sonata appointed a conference
committee to consider the differences between the two houses) and
that the sonata adopted the conference committee report on N.D. No.
485 on May 30, 1999, by the following votai Yeas 30, Na)j 0, / t
aratsry e t ht Senate
APPROVEDi
ate e
r
" Governor
l of I 7/ IM 10:49 AM i
76tR) HB 308 Fnrullcd semion • Bill Text hnp:llnww.capuol statetx ustloi76rbill1extIt B00308F.HTM
1.1 AN ACT tF
1.2 relating to interlocal contracts for the construction, improvement,
1.3 or repair of streets and alleys in municipalities,
1.4 BE IT ENACTED BY THE LEGISLAT1RtE OF THE STATE OF TEXASt
1•5 SECTION 1, Subchapter C, Chapter 791, Government Code, is
1.6 amended by adding Saction 791.032 to read as followai
CONST UCTION, IMP
1,7 sec.
I-$ STREETS IN~jf{jCIPALITIES. With the aoprova o[ IRS govern ng body
1.9 Qj,e municinslljy, a local government mav_entar into an nterloca
1.30 coni"Iructio
1.11 improvement, maintenance. or repair of stre•ts_or a lays_ n the
1.12 munlcloa ity, lncludina portions p t e municipal iW WE streets or
1.13 alleys that are not an integral part g( or A cc nk to
1.14 other roads or highways.
1.15 SECTION 2. Section 251.012(a), Transportation Code, is
1.16 amended to read as followat
1.17 (a) With the approval of the governing body of a
1.18 municipality, the commissioners court of a county may spend county
1.19 money to finance the construction, improvement, maintenance, or
1.20 repair of a street or alley in the county that is located in the
1.21 municipality, including the provitsion oft
1.22 (1) necessary roadbed preparation or mat•rialr
1.23 (2) paving or other hard covering of the street or
1.24 - alloys (e7)
2.1 (3) curbs, gutters, bridges, or drainage facilities]
2.2 91
2.3 (4) any construction, improvement, mainNnanc•._or
2.4 repair allowed under _Section 791,032. Governmillaf Code. If the
2.5 commissioners court will rocaiva benefits as
2.6 a result of tht
2.7 SECTION 1. This Act takes effect eapt•tnbtr 1, 1999,
2.8 SECTION 4. The importance of this legislation and the
2.9 crowded condition of the calendars in both houses create an
2-10 emergency end an imperative pvblio necessity that the
2.11 conatituticnal rule requiring bills to be read on three several
2.12 days in each house be suspendad, and this rule is hereby suspended.
3rasfdi!nt o the enat• peace ker of the House
I certify that H.B. No, $08 was passed by the House on April 1
23, 1999, by a non-record votes anti that the House concurred in
Senate amendments to H.B. No, Sol on May 26, 1991, by a non-record
vote.
Chief er o the House
I certify that H.S. No. Sol was passed by the Senate, with
amendments, on May 24, 1999, by the following votes Yeas 30, Nays
0,
Secretary o the enato
APPROVEDt
"-governor j
,
44 ~ - Sa
r
ion I V1M 10,46 AM
76(R) H3 1704 Enrolled sarsiun • Bill Iett bap. 'v Nw capitol staie it us flo'6r biIIteNt HBOI704E H N
1.1 AN ACT
1-2 relating to the c.pproval of certain permit applications by local
1.3 governments.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1.5 SECTION 1. FINDINGS; INTENT. (a) The legislature finds
1-6 that thA former Subchapter 1, Chapter 481, Government Code,
1.7 relating to state and local permits, originally enacted by Section
1.9 1, Chapter 374, Acts of the 70th Legislature, Regular session,
1.9 1967, and subsequently amended by Section 1. 01, Chapter 4, Acts of
1.30 the list Legislature, Regular session, 1989, Section 2, Chapter
1-Sl 118, Acts of the list Legislature, Regular Session, 1999, and
1-12 Section 1, Chapter 794, Acts of the 74th Legislature, Regular
1-13 Session, 1995, was inadvertently repealed by Section 51(W , chapter
1.14 1041, Acts of the 75th Legislature, Regular Session, 19)7.
1-15 (b) The legislature finds that the repeal of former
1.16 Subchapter I, Chapter 481, Government Code, which became effective
1.11 September 1, 1991, resulted in the reestablishment of
1-18 administrative and legislative practices that often result in
1.19 unnecessary governmental regulatory uncertainty that inhibits the
1.20 economic development of the state and increases the cost of housing
1.21 and other torms of land development and often resulted in the
1-22 repeal of previously spproved permits causing decreased property
1.23 and related values, bankruptcies, and failed projects.
1.24 (c) The legislature finds that the restoration of
2.1 requirements relating to the proceasi.ng and issuance of permits and
2.2 approvals by local governmental regulatory agencies is neceeeary to
2.3 minimire to the extent possible the effect of the inadvertent
2.4 repeal of the former Subchapter I, chapter 481, Government Code,
2-5 and to safeguard the general economy and welfare of the state and
2-6 to protect property rights.
2.7 (d) It is the intent of the legislature that no project,
2.9 permit, or series of permits that was protected by former
2.9 Subchapter I, Chapter 481, Government Code, be prejudiced by or
2.10 required or allowed to expire because of the repeal of former
2-11 Subchapter I or an action taken by a regulatory agency after the
2.12 repeal,
2.13 SECTION 2. AMENDMENT. Subtitle C, Title 7, Local Government
2.14 Code, is amended by adding Chapter 245 to reap as follows,
2.15 CHAPTER 245. ISSUANCE OF LOCAL PERMITS
2.16 Sec. 245.001. DEFINITIONS. In this chanter, r
2.17 (1) "Permit" means a license, cart ficate, approval,
2.19 registration. consent, permit, or other form of authorization
2.19 required by law, rule requiition. order, or ordi,only ce th~~g
2.20 person moat obtain to perform an action or initiate, continue, or
2.21 complete a protect for which the permit is soughty
2.22 (2) 'Political _subdiyision" means a political
2.21 subdivision of_tbe state, including a county,,a sehool district, or
2.24 a municipal tv.
2.25 (3) "Protect" means an endeavor over-which a
2.26 regulatory agency exerr■ its iurisdiction and for which one or more
2.27 permits art-re Ired to initiate.. continue, or complete the
3-1 endeavor.
3.2 (4) "Regulatory agency" means the governing body cL
313 g,r a bureau, department. division. board, commission, or, other
3.4 agency of a politics' subdivision acting in its eahaeitv of
3.5 trocessing, approving, or issuing A hermit.
3.5 Seg. 245,002. UNIFORMITY OF REQUIREMENTS, (a) Fac
3.1 regulator-, agency shall coBOiQ¢r the ahp~val dieahhroval or
3.9 ccndi"ional aooroval of an application jor Apermit aolely_on the
3.9 basis of env orders. regulations. ordinances. rules, expiration
3.10 dates or other properly adopted requirements in effect at the time
3.51 the original sphliration fot the hermit is filed. A,
3.12 (b) If a WJL o' permits is required for a protect. the
3.13 orders regulations ordinances. rules._exhiration dates, or other
1.14 pjgp ly adontec~ rewirel=nt■ i effect at the time the otiglnsl
3.15 application for the first nermir in that series is filed shall be
nt permits rewi1Q
3.16
thl sole basis for co 11121AU20 at a reauired for the
3.17 for the completion of_ehe hro7ect.
1.19 protect sxe considered to be a n4ld series of permits.
I oN VIM 10511 AV
k
ni R i )IB 1'04 Farolled wcicn - Bill Feu http.' wuu capitol state tx us tlo,%r billtc~t 11301 104F HIM
1-.9 Preliminary plans endtelated subdivision plats, site plane, and
3-2G all other devgigoment permits for land coveted by [he preliminary
3-21 plans or subdivision plate are considered collectively to be one
3-2: series of permits for at oroiect
1-21 (c) After an application for a project is filed a
3.24 reaulatorv agency may not -shorten the duration of env permit
3-25 regal red for the oroiect.
I-26 W Notwithstandinq any provision of this cha [ate er to the
3.27 contrary. a hermit holder may tekt advantage of recorded
4-1 ubdlvision plat notes, 1ec2rded rostrictive covenants requited by
4-2 g regulatory agency, or a change to the laws, rules. regulations.
4.1 cr ordinances of a regulatory agency that enhance or protect the
4-4 rroiect._including changes that lengthen the effective life of the
4.5 permit after lhl_date the application for the hermit was made.
4-6 without forfeiting any rights under this chapter.
4-7 Sec. 245.003, APPLICABILITY OF CHAPTER. This chapter
4-0 applies only to a protect in orogress on or commenced after
4-9 September 1. 1997. For purposes of this chanter a project was in
4-10 progress on September 1. 1997, ift
4.11 11). before September 1.. 1997:
4.12 (A) a regulatory agency approved or issued one
4.12 or more permits for the prgjeeti or
4-14 (B) an application for a hermit for th, protect
4.15 was filed with a reaulatorv agency and
4.15 (2) pn or after September 1. 1951, a regulatory Aciency,
4.17 enacts., enforces. or otherwise imposter
4.18 (A) an order, regulation. ordinance, or rule
4.19 that in effect re WAsILively changes the duration of a permit for
4-2a the protect:
4.21 (B a deadline for obtaining a hermit required
4.22 to continue or comolete the project that was not enforced or did
4.21 not apply to the project before September 1. 1997r or
4.24 M sine reauirement for the protect_ [hat was not
4.25 applicable to or enforced on the orolect before September _1. 1997.
4.26 Sec, 245.004. EXEMPTIONS, This chapter does not apply toy
4.27 (1)...a perm that is at least two years old. is issued
5.1 for the construction of a building or structure intended for human
5-2 Occr^i4pcy or habitation, and.ia issued under laws, ordinances.
5-1 pr-q edures, ruler. or regulations adorting onlyi
5.4 (A) uniform building, fire,_alectrical.
5-5 plumbing, or mechanical codes adopted by a recognized national code
5-6 Organitationr-
5.7 (B) local amendments to those codes enacted
5.8 solely tg address imminent threats of destruction of property or
5.9 Snturv to person sr
5-10 (2) municinsi zoning regulations that do pct affect
5.11 lot size, lot dimensions, lot -coverage, or building site or that dq
5.12 ooe crane dot permitted by a restrictive covenhAL required
5-11 by a municipality:
S-14 (3) reg a ations that specifically COntrqj_Snly the use
5.15 of land irla municipality that does not have toning and that do not
5-16 affect lot aite. lot•d,imenaiona. lOtcoverAaa._ot buildiha sizar
5.17 l41 rerejulations for sexitelly ooriented businesesr
5.16 (5) municipal or county ordinances, rules.
S•19 mulationsy_r oiher_Lg uirementa affecting colonias,
5.20 (6) foss impose In conlunction with development
5.21 vermital
5.22 (7) regulations for annexation:
5.21 (B) regulations for utility connections.r.
5.24 (9) regulations to pravent imminent destructLon of r
5-2S property o intu to parsons. i eluding regulations offacjva onl
5.26 Within a flood ry Ar
-21
S•21 and enacted t c,- the flooding of buildlna
6.1 public occupancy or
6.2 (1p) conatruction standarde_for public works located
6.1 on public lands or.easements
6.4 Src.245.005. MM, PRO,TECTS.__.Notkithstandina any other
6.5 provision of this chatet she first anniversary of thd
6.6 effective date of this chanter, a regulatory agency may onset all
2 of 4 1~ 1'99 1016 Ak1
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'61 Rh HB 1'04 Enrolled scnion - Bill Teat hnp; uwN capitol statets U5'tlc 76rblllttx01B0L704F HTSI
E.- ordinance. rule. or regulation that Places an expiration date on a R
6.8 carmit if as of the fir et anniversary of the effective date of this
6-9 chapter, ti) this permit does not have an expiration date: and UIL
6-10 no Progress has been made towards completion of the oroiect, An
6.11 ordinance. rule. or regulation enaq,ted pursuant to this section
6-12 shall place an expiration date of no earlier than the fifth
6.11 anniversarv-pf tt•-effective date of this chapter, p;ogreea
6-14 Sowards comvleti a_.J the project shall include any cne or more of
6-15 the following:
6-16 (1) an application for a final plat or plan is
6.17 submitted to a rectulatoty agtncv,
6-18 12) a good-faith attempt is made to file with a
6.19 regulatory agency an Bpoication for a permit necessary to begin or
6-2o continue towaTde completion of the oroiect,
6-21 (A) costs have been incurred for developing the
6.22 oroiect including, without limitation. coats Associated with
6-23 roadwav. utility, and other infrastructure fagilities designed tc
6.24 serve. in whole or in part, the project (but exclusive of 3ADA
6-25 acmtisition) in the aggregate amount of five tetaU of thereat
6.26 recent appraised market value of the real property on which the
6-27 project is locatedt
7-1 (4) flscil security ip coated with a regulatory agency
7-2 to ensure performance of an obligation required by the regulatory
7.3 a12encyt or
7-4 is) utility connection fees or impact fete for the
7.5 project have been said to a regulatory agency.
7.6 Sec. 24S.006, ENFORCEMENT .OF -CHAPTER._..T;Jis chapter.nay %M
7.7 enforced only thrQUah mandamus or declaratory or injunctive relief, {
7.9 SECTI0:4 J. EFFECT OF PRIOR I.Aw, (a) The repeal of I
7.9 Subchapter 1, Chapter 481, Government Code, by Section Si(b),
7-10 Chapter 1041, Acts of the '15th Legislature, Regular Session, 1997,
7-11 And any actions taken by a regulatory agency for the issuance of a
7.12 permit, as those terms are defined by Section 245,001, Local
7-13 Government Code, as added by Section 2 of this Act, after that
1.14 repeal and before the effective date of this Act, shall not cause
7.15 or require the expiration or termination of a project, permit, or
7.16 aeriea of permits to which Section 2 of this Act applies. An
7.17 action by a regulatory agency that violates this section is void to
7.18 the extent necessary to give effect to this section.
7.19 (b) This Act does not affect the rights or remedies of any
7.20 person or entity under a final judgment rendered by a court before
7-21 the effective date of this ACt, or in any litigation pending in a
7 22 court oe the effective date of this Act, tnvo'ving an
1.2] interprat.~Ion of Subchapter I, Chapter 481, uovert.ment Code, as it
1-24 existed beroro its repeal b'.• :he 15th Legislature,
7.25 SECTION 4. CONSTRUC',c:!t 0!' ACT, Nothing in this Act shall
7.26 be construed to apply to a condition or provision of an ordinance,
7.27 rule, or regulation that is enacted by a regulatory agency, as that
8-1 term is defined by Section 245.001, Local Government Code, As added
8-2 by Section 2 of this Act, which to specifically required by
8-3 uniformly applicable regulations adopted by a state agency after
8-4 the effective date of this Act.
8.5 SECTION 5, EFFECT ON COASTAL ZONE MANAGEMENT ACT Nothing
8.6 in this Act shall be construed tot
e-7 (1) limit or otherwise affect the authority of s
8.8 municipality, a county, another political subdivision, the state,
8.9 or an agency of the state, with respect to the implementation or
8.50 enforcement of an ordinance, a rule, or A statutory standard of a
8.11 program, plan, or ordinance that was adopted under the federal
8.12 Coastal Zone Management Act of 1912 116 U.8,C. Section 1451 at I
8.11 s+q.) or its subsequent amendments or Subtitle E, Title 2, Natural
8.14 Resources Ccdet or
8.15 (2) apply to a permit, order, rule, regulation, or
9.16 other action issued, adopted, or undertaken by a municipality, a
8.17 county, another political subdivision, the state, or an agency of
8.18 the state in connection with the federal Coastal Zone Management
6.19 Act of 1972 (16 U.S.C, Section 1451 0t se .I oe its subsequent
8.20 amendments or Subtitle E, Title 2, Natural Resources Code,
8.21 SECTIO11 6. EMERGENCY, The importance of this legislation
iof4 711,"1031AM
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76; R) H8 1704 Enrolled version - Bill Text l,ttp:'/"w,apitol.stare tx usda'76rbilltexlRB0l704F.HTM
6-22 and the crowded condition of the calendars in both houses create an
6-23 emergency and an imperati4t public necessity that the
6.24 constitutional rule requiring bills to be read on three several
6-25 days in each house be susp.aded, and this rule to hereby suspended,
8.26 and that this Act take effect and be in f)rce from and after its
6-27 passage, and it is so enacted,
President o r e Senate speaker o the House
I certify that H.B. No. 1704 was passed by the house on April
21, 1999, by the following voter Yeas 1400 Nays 5, 1 present, not
voting,
c a .•r o the House
I certify that H.S. No. 1704 was passed by the Senate on
April 29, 1999, by the following votes Yeas 26, Nays 3.
secretary o the Senate
APPROVED=
Date
Governor
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76(R) HB 2781 Enrolled version - Bill Text httpl!www.capitol.stat4!.tr.usltto'76nbilltext HB02781F.HTS1 E
1-1 AN ACT
1-2 relating to the consideration of the location of a bidder's
1-3 principal place of business in the award of contracts by certain
1-4 local governments.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TE%ASt
1-6 SECTION 1. Subchapter 2, chapter 271, Local Government Code,
1.7 is amended by adding Section 271.905 to read as followas
1-0 Sec. 371.90S. CONSIDERATION OF LOCATION OF BIDDER'S
1.9 PRINCIPAL PLACE OF BUSINESS fat In this section, "lo al '
1-10 government" meant a municipality with a population of 100.000 or
1-11
1-12 political subdivision authorized ,nj!r.o11!fjj,111 to DUrchAle real
1-13 property or personal DrOipdrLy the t t ad to real property.
1.14 The term doe j sclml district,
1-1s tbi In purchasing under th s title env real 0rope or
1.16 personal oroverty that is not IM14 to real proper
1.17 government receives ona or more bids from a bidder whose principal
1.16 place of bwineea le in the 1ors1 government and whose bid is
1.19 within three percent of the lowest bid price received by the local
1.20 government from a bidder who is not A resident of the local
1.21 government the local government may enter into a contract withi
1.22 tit the Sowast bidders or
1.23 t21 the bidder whose iagipal place of business to in
1-24 the local aevernmant if the coverniog bor;v of the local government
2.1 datermin in writing. that the loeal bldder_offer■ the local
2.2 government the beat combination of con[ract price and additional
2-3 economic development o0 grtun!t1as or the 10"I Cavern 2.4 by the contract award,, including the 6=10vment of cesi enu of t e
2.5 local government and increased tax reyenues to the lgC11
2.6 22y- V
2.7 n1fLCa
2-e ralectinor 11 bids,
2.9 SECTION 2. This Act applies only to a contract that is
2.10 awarded on or after the effective date of this Act,
2.11 SECTION 3. The importance of this legislation and the
2.12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2.14 constitutional rule requiring bills to be read on three several
2.15 days in each house be suspended, and this rule is hereby suspended,
2.16 and that this Act take affect and be in force from and after its
2.17 passage, and it is so enacted,
r
President b the Senate Spea er o e he House
I certify that H,B, No. 2787 was posed by the House on May
e, 1999, by the following votes Yeas 143, Nays omen a peasant, not
votingt and that the House concurred in senate amendments tto H.B.
No. 2787 on May 26, 1999, by a non-record vote.
C t~~ C er o the ouae
2 certify that H.B. No. 2187 was passed by the Senate, with
amendments, on May 24, 1999, by the following voter Yeas 30, Nays
0.
4 secretary o Me errata
APPROVED:
Date
Governor
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:6(R) H5 3189 Enrolled version - Bill Text hnpl captol.sta+e tx.usSlo 76rtdl1f%tHBO3189F HTbi
1-1 AN ACT (t
1.2 relating to the sale, servicing, installation, or monitoring of
1-3 fire alarms, fire detection devices, or other alarm systems.
1-4 BE IT ENACTED BY THE LEoISLATIIRS OF THE STATE OF TEXAS;
1-5 SECTION 1. Section 3(b), Article 5.41-2, Insurance Code, is
1.6 amended to read as follows;
1-1 (b) The licensing provisions of this article shall not apply
1-S to:
1.9 (1) a person or organization in the business of
1.10 building construction that installs electrical wiring and devices
1-11 that may include in part the installation of a fire alarm or
1.12 detection system ifs
1-13 1.14 contract that (A) the person or organization is a party to s
provides that the installation will be performed
1.15 under the direct supervision of and certified by a licensed
1-16 employee or agent of a firm registered to install and certify such
1-17 an alarm or detection device and that the registered firm assumes
1-18 full responsibility for the installation of the alarm or detection
1.19 device; and
1-20 (8) the person or organization does not plan,
1.21 certify, lease, sell, service, or maintain fire alarms or detection
1.22 devices or systems;
1-23 (2) a person or organization that owns and installs
1.24 fire detection or fire alarm devices on the person's or
2.1 organization's own property or, if the person or organization does
2-2 not charge for the device or its installation, installs it for the
2.3 rotection of the person's or organization's personal property
2-4 located on another's property and does not install the devices as a
2-5 normal business practice on the property of anotherr
2.6 (3) a person who holds a license or other form of
2.7 permission issued by an incorporated cityy or town to practice as an
2-8 electrician and who installs fire or smoke detection and alarm
2-9 devices in no building other than a single family or multifamily
2.10 residence if:
2.11 (A) the devices installed ■rot
2.12 (1) single station detectors; or
2-13 (ii) multiple station detectors capable of
2-14 being connected in such a manner that actuation of one detector
2.15 causes all integral or separate alarms to operate, if the detectors
2-15 are not connected to a control panel or to an outride alarm, do not
3.17 transmit a signal off the premises, and do not use more than 120
2.18 volts; and
2-19 (8) all installations comply with provisions of
2-20 the adupted edition of Household Fire Warning Equipment, National
2.21 Fire Protection Association Standard No. 74;
2-22 (4) a person o- organization that sells fire detection
2.23 or fire alarm devices if the aales are exclusively over-the-counter
2-24 or by mail order and if the Eerson or organization does not plan,
2-2S certify, install, service, or ftaintain this a ipment;
2.26 (S) response to a fire alarm or detection device by a
2.21 law enforcement agency or fire department or by a law enforcement
3.1 officer or fireman acting in An official capacity;
3.2 16) a Texas registered professional ,inglneer acting
3.3 solely in his professional capacity;
3.4 i7) a person or an organization that provides and
3.5 installs at no charge to the property owners or residents A
3.6 battery-powered smoke detector in a single-family or tw-family
3.7 residence ifr
3.8 (A) the smoke detector bears a label of listing
3.9 or approval by a testing laboratory approved by the State Board of 1
3.10 insurance; ~ '
1.11 IB1 the installation complier with provisionr of
1-12 the adopted edition of National Fits Protection Association
3.13 standard No. 14;
3.14 (Cl the installers are knowledgeable in fire
3.15 protection and the proper use of smoke detectors) and
3-16 (D) the detector is a single station
1.17 installation and not a part of or connected to Any other detection
3.38 device or system;
I of 1 Ti 199 11,06 Al
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76(R) II(i 3189 Enrollyd %Mion - Bill Test hnp."New capital ,state h ustlo,76r billt"MB03199F.HTSI
3-19 (8) a regular employe of t registered firm who is
3.20 under the lirect supervision of a licen3ees
3.21 (9) a building owner, the Dwner': managing agent, or
3-22 their employees who install battery-operated single-station smoke
3.23 detectors or who monitor fire alarm or fire detection devices or
3-24 systems in the owner's building, and in which the monitoring is
3-25 performed at the owner's property and manitored at no charge to the
3-26 occupants of the building, and complies with applicable standards
3.27 of the National Fire Protection Association as may be adopted by
4-1 rule promul,)ated under thin Act, and utllires a uipment approved by
4-2 a testing laboratory approved by the State Hoard of Insurance for
4-3 fire alarm monitoring; ("I
4.4 (to) a person employed by r registered firm that sells
4-5 and installs a smoke or heat detector it a single-family or
4-6 two-family residence ift
4.7 (A) the detector bea-e a label of listing or
4.8 approval by a testing laboratory approved by the State Board of
4-9 Insurancet
4.30 (B) the installation complies with provisions of
4.11 the adopted edition of National Fire Protection Association
4-12 Standard No. 741
4.13 ICI the installers are knowledgeable in fire
4.14 protection and the proper use and placement of detectors: and
4-15 (D) the detector is a single station
4.15 installation and not a part of or connected to any other detection
4.17 device or ■ystemi or
4-18 (11) a person or organisat'
ton licensed to install or l
4.19 service burglar alarms under the Privat,f_Inveatiaators and Private
4-10 security Agencica Act (Article 4413(2)bIr . vernon's Texas Civil
4-21 Statutes) that provides and installs in _L single-family to
4.22 two-famll residence a,cofnbination kewnd that includes a panic
4-23 button to initiate a !ire alarm signal if the fire alarm signalt
4.24 (A) is monitored by a fire alarm firm registered
4-25 under this article: and
4.26 IB) is not initiated Dv any fire or smoke
4.27 d;,t_ection device.
5-1 SECTION 2. Section 7, Article 5.41.2, Insurance Code, is
5.2 amended to read as followst
5-3 Sec. 7. CERTAIN ACTS PROHIBITED. ,(a]- No person or J
5.4 organization may do any of the following: 1
5.5 111 plan, certify, lease, tell, service, install,
5.5 monitor, or maintain fire alarm or fire detection devices or
5.7 systems without a valid license or certificate of registrations
9.9 171 obtain or attempt to obtain a license or
5.9 certificate of registration by frauduler.t representation) or
5.10 111 plan, certify, lease, tell, service, install,
5.11 monitor, or maintain fire alarm or fire detection devices or
5.17 systems contrary to the provisions of this article or the rules
5.13 formulated by the board under the authority of this article,
5.14 (b) Exceo as provided by Subsection (c). a eolitical
5.15 subdivision may not offer residential _a7arm system sales. service.
5.16 installation. or monitoring unless it has been providing monitoring
5.17 services to residences within the boundaries of the political
5-18 subdivision as of September 1. 1999. Ary fee charged by the
5-19 political subdivision may not exceed the cost of the monitoring.
5.20 (c) A kolitical subdivision mays
5-21 (1) offer service, installing, or monitoring for
5-22 property owned bv_the political subdivision or_Angther political
5.73 a division!
5.24 (2) allow for the response-of an alarm s+r detection
5.25 device by a law enforcement sa►_,jcv or fire department or by ss aw
5.26 enforcement officer or firefighter acting in An official capacity: /
5-27 21 1
6.1 1) offer monitoring to a financial institution. AA j
1
6-2 defined by Section 5). that reauests. III-writing.
6-3 that the DoAitical su a monitoring service to the
6.4 financial institution.
6-5 (d) The limitations in Subsection (b) do not acoly to a
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76181 HB 3189 Enrolled senion -Bill Text hnp:d'www.capitol.slare,tt.us'tW6rbilhe%t HB01I29F HTM
6-6 political subdivision in a county with a population of less than
6.7 80.000 or in s political sulvision where monitoring to not p.
6.9 otherwise provided or available,
6-9 la) Por purposes of Subsections (b). (c1, and r,t, the
6.10 definition ft r
means the receipt of fire alarm or
6.11 supervisory signals or retransmission or communication of those
6-12 signals to a fire aerviea communicatiols center that is located in
6.13 this @tat* or serves prooerty in 6-14 to reaufre, ■ political subdivision to be license under Article
6-15 5.43-2. Insurance Code.
6-16 SECTION 3. Subsections (d), Is), and Ill, Section 13,
6.17 private Investigators and Private Security Agencies Act (Article
6.38 4413i29bb), Vernon's Taxes Civil Statutes), as added by H.S. No.
6-19 2617, Acts of the 76th Legislature, Regular Session, 1999, are
6.20 amended to read as followsi
6-21 ld1 Except as orovided by subsection lel. a political
6-22 subdivision may not offer residential alarm system sales._serviea.
6-23 installation, or monitoring unless it has been orovidina monitoring
6.24 services to residences within the boundaries of the political
6.25 subdivision as of 4eptember 1. 1999._ Any fee charged by the
6.26 political subdivision may not exceed the cost of the monitoring.
6.27 (e) A political subdivision ma
7-1 (1) offer service, insta lation. or monitoring for
7-2 property owned by the political subdivision or another oolitical
7.3 subdivisions
7.4 (21 a110,+ for the resoonsa of an alarm or detection
7-9 device by a law enforcement aoency or by ■ law enforcement officer
7-6 acting in an official capacity/ or
7.1 131 offer monitoring in connection with a criminal
7-9 Inv* tiaati= or
7-9 (41 offer monitoring to a financial institution, as
1-10 deft. ad by Section S9 I finance Code. that k6=4fits, in Wr' ~ 110
1.11 that the political subdivision provide monitorina service to the
7.12 financial instill tt ion,
7-13 If) The Iimitations of subsection (d) do not acoly to a
7.14 county with a ppoulatian of loam than
7.15 so, 000 or in a oo u foal subdivi119n where monitoring is not
7-16 otherwise provided or availabla_
7-17 SECTION 4. This Act takes affect September 1, 1999.
7.18 SECTION S. The importance of this legislation and the
7.19 crowded condition of the calendars in both houses create an
7.20 emergency and an imperative publi0 necessity that the
7-21 constitutional rule requitingg bills to be read on three several
7.22 days in each house be ■uspendad, and this rule is hereby suspended.
Prea ent o the Senate Speaker of the House
I certify that H.B. No. 3189 was passed by the House on May
111 1999, by a non-record votat and that the House concurred in
Senate amendments co H.B. No. 3189 on May 27, 1999, by a non-record
vote.
Chief Clark -orthe ousi-
t certify that H.B. No. 3189 was passed by the Senate, with
amendments, on May 25, 1949, by a viva-voce vote.
acratary o the anata
APPROVED,
Data
Governor ~
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00 7/1/99 11:06 AN
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CITY OF DENTON TEXAS
em M1NAYt'1<1}m
MEMORANDUM
TO: Michael W. Jez, City Manager
FROM. Betty Williams, Director of Management &
Public Information
DAT?: lone 30, 1999 1
SUBJECTt Legislative Activity
In addition to the summary on specific legislation, City Council and staff have spent
numerous hours monitoring legislation through a variety of organizations and media,
Ilerb Prouty, Jon Fortune, Linda Ratliff, and Julie Smith have provided individual reports
on their legislative tracking efforts that are attached.
]n addition, Ed Flodney monitored park related items through the Texas Recreation and
Parks Society (TRAPS) and through the D/FW Area Parks and Ree Directors
Association. Ed serves on the board of both organizations and was instrumental in
developing their legislative strategy, His efforts included letter writing and phone tails
on strategic Issues. The TRAPS platform Included securing additional funding for local
parks projects and programs through the Texas Parks and Wildlife (TPWD) grants. Also,
TRAPS led a successful effort to pass H.B. 2108 adding S10 million to fund tee centers,
regional parks, and outdoor outreach programs targeted to youth-at•risk Additionally,
TRAPS supported a successful effort to add S34 million to TPWD's budget. Besides
supporting helpful legislation, TRAPS succeeded in kilLng legislation potentially harmful
and costly to local park efforts.
Besides serving on the TML Public Safety Committ:e aith the Mayor prlor to the
legislative session, Ross Chadwick followed legislative efforts through his professional
organizations and the Internet. He testified before a Senate Committee on S.B. 139
dealing with insurance savings for certain fire protection devices. He also sent written
testimony to the }louse Insurance Committee on S.B. 139 which is now law. As I 1 r
President of the Denton County Fire Chiefs Association, Ross actively participated in h
helping defeat the proposed collective bargaining legislation, along with several other fire
"Db,IitulaIly Qudl7y .Ccrain'
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Legislative Activity
June 30, 1999,
Page 2
j
chiefs who testified In Austin. As a member of the Executive Board of the Texas Fire
Arson lnvestigators Association, Rick Jones, Fire Marshal, monitored several arson and
rite prevention bills.
In addition, many other staff members participated throughout the year. Paulette Owen-
Holmes served on TML Legislative Policy Committee and monitored personnel related
issues. Dave Hill served on the TML legislative Policy Committee regarding ti
y annexation
and monitored that legislation closely. Mayor Pro Tem Beasley and Dave traveled to
Austin to provide testimony regarding annexation. Additionally, Council Member
Kristoferson accompanied by Jon Fortune, and Dave testified before the Natural
Resource Committee on H.B. 2045 regarding the calculation of Impact fees. Diana Ortiz
I monitored legislation through her professional organizations legislative committees and
the Internet.
All staff members used their professional organizations to keep abreast of legislation and I
provide input when required. While there is always room for improvement, staff efforts
were critical in monitoring the progress of potentially harmful legislation. Additionally,
City Council participation and willingness to travel to Austin on short notice was crucial.
The electric utility restructuring issue alone was a major piece of legislation,
Efforts to improve on our legislative are all ready underway, We appreciate your
feedback and suggestions.
Betty Wilfiams
Director of Management &
Public Information
Attachments
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CITY OF DENTON, TEXAS
MEMORANDUM
T0: Betty Williams, Director of Management and Public Information
i
FROM: Herbert L. Prouty, City Attorney
SUBJECT: Legislative Summary
DATE: June 25, 1999 {
Please find attached a memo of June 160'from Mike Bucek setting forth his activity at this last {
legislative session involving House Bill 1614 and House Bill 1777. In addition to this activity,
Mike served for over a year on the TML Telecommunications Select Committee, which was set
up to track, offer amendments, and oppose any franchise and telecommunications legislation that
would adversely impact cities.
Mike Copeland and I were in communication with lobbyist Jim Boyle and members of the TML
General Counsel's office on various pieces of legislation regarding lobbying efforts and
Denton's intervention and action on numerous pieces of legislation. This included legislation to
amend the Local Government Code and the Water Code to make it clear that special districts,
sirnil:,r to fresh water supply districts, would have to get cities' consent and give notice to cities
prior to annexing any areas within a municipality's ETJ or corporate limits, We were active In '
communicating with the TML General Counsel's office and Jim Boyle on a number of other
pieces of legislation, including the recently enacted vested tights statute, which amends chapter
245 of the Local Government Code, the annexation legislation, and the Impact fee legislation,
Finally, Mike Copeland assisted Sharon Mays and worked with outside counsel, Including Jim
Boyle, to develop language to amend the recently-enacted electric deregulation bill to protect
Denton's interests and to mitigate any adverse Impacts of that legislation on the City, t
C~
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Herbert L, iouty
HLPsf
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TO; Herb Prouty, City Attorney 1
FROM; Mike Bucek, First Assistant City Attorney 440-4
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SUBJECT- Legislative Summary Request from Betty Williams dated 6/11/99
DATE: June 16, 1999 I
I testified in Austin on Monday. March 22, 1999 against H.B. 1614 which was the original
House Bill on Telecommunications franchises. My remarks entered around the het that (1)
franchise fees are not taxes but use feet for the rental of city rlghts-cf way; (2) the proposed bill
was unconstitutional because it limited franchise feet to the cost of administering and inspecting
franchisees and not fair market rental value of rights-of-way and (3) the small cities in Texas,
similar to those In our litigation with GTE, do not receive fair market value for the use of their
rights-of-way. Subsequently, an April 2, 1999 TML's Monte Akers asked for my written
opinion on the adequacy of sulstitute bill H.B. 1777 which answered some of my concerns and
concerns raised by other city representatives testit} S on March 22. Denton and cities with
reasonably new franchises were authorized to collect fees in the Nture equal to what we received
in 1998 (without this amendment Denton's revenues would have probably gone from $1 million
to probably $100,000 to $200,000 a year). The new bill did provide for an appeal for cities in
counties with less than 25,000 population that felt their compensation per access line was lea
than the State-wide average, Only minor changes I suggested to the bill were used by T'ML and
major issues 1 raised were not incorporated into the final bill. As to Denton, the bill that
ultimately passed should be revenue neutral.
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CITY OF DENTON, TEXAS vra.
wMMtdBrr4eeDmu~e~e 1L s F..N~X1..R• Ikeran.Isra+_.7010L
Tetepaone (040) JJ 9-8320 • DFW'Mebo (971) 04-2259 • Few (910)149.7106
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MEMORANDUM
TO, Betty Williams, Director of btnnagement and Public Information
FROM, Jon Fortune, Dire.tor of Management and Budget \f
,
DATE: June 21, 1999
SUBJECT: Management and Budget Legislative Activity
i
Daily monitored filed bills for possible Impact to the City of Denton.
Involvement on TML's Finance and Administration Legislative Committee
• ton Fortune was a member of the committee, and both he and Kathy Brooks
participated at the committee meetings in Austin.
• While on the committee, Jon proposed TML support of legislation that would
change the notice and heat ing requirements of the property tax code
• City Council passed a resolution urging TML to support changes to the rotice and
hearing requirc:nents of the Property Tax Code.
• The TML Resolutions Committee voted to support legislation to change the notice
and hearing requirement of the property tax rode at their annual conference in San
Antonio.
• HB954 by Representative Uher included a,e~;es to the notice and hearing
requirements that accomplished the si." -,oils as passed by resolution both by the
City Council and the TML Resolutions Committee.
Kathy Brooks traveled to Austin to meet with Rep. Uher's staff to discuss this bill
and Denton's support
Involvement in Government Finance Officer's Association of Texas Legislative Committee
Both Jon Fortune and Kathy Brooks were involved in the GFOAVs Legislative
Committee tracking the following bills:
• S8843 - Sales tax disclosure '
• 587 - Electric utility deregulation f
IM 1614 • Telephone Franchise bill
• H82045 • Impact Fees r
"DediraledtoQvalar knee'
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• H8934 - Tax rate notice and hearing requirements
- 1IB693 - Tax rate notice and hearing requirements
- SB441 • Sales tax exemptions
• HB2063 • Records management fees
- SB1490 • Personal property exemption
Legislative Testimony
Kathy Brooks traveled to Austin to testify before the Senate Intergovernmental
Relations Committee on S9843, which proposed giving cities under a population
of 100,000 the opportunity to receive detailed sales tax information from the
Comptroller.
• Kathy Brooks testified before the House Ways and Means Com nittee to oppose a
number of bills that exempted local sales taxes (including SB4' 1).
• lon Fortune and David Hill went to Austin and provided staff rappott for Courcil
Member Kristoferson who testified before the Natural Resource Committee on HB
2043 regarding the calculation of impact fees.
• ton Fortune testified before the Ways and Means Committee against several bills
(HB111, HB944, HBl l 15, H82488) that would exempt sales tax of the purchase
of internet access services.
Letters
• On Starch 30, April 20, and May 18, 1994, Kathy Brooks drafted letters for the
Mayor's signature and delivered them to each Representative on the House Ways
do Means Committee as well as to Representatives Denny, Solomons, and
Crownover. These letters expressed the City of Denton's opposition to any sales
tax exemptions and requested the support of these legislators in opposing such
legislation
Results
• HB954 passed both the House and Senate and has been signed by the Governor for
his signature. Now a public hearing is only required when a tax rate exceeds 3%
over the effective tax rata
• SB843 passed both the House and Senate and has been signed by the Governor
This now allows cities with a population of less than 275,000 to obtain detai!c t
sales tax Information.
• SB441 passed both the House and Senate and has been singed by the Governor.
This allows new sales tax exemptions at both tho State and local level.
• SB2043 regarding a new method of calculating impact fees passed both House and
Senate but was vetoed by the Governor.
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M Kathy DuBose, Assistant City Manager - Fiscal and Municipal Services
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tMEMO
DATE: May 26, 1999
TO: Kathy DuRose, Assistant City Manager
Fiscal ani Municipal Service
FROMi Linda Ratliff, Director of Economic Pevelopment
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SUBJECT: Legislative Tracking
Our office did not write any letters or prepare testimony for Council on any legislation
this session. Howo,c4 we followed several economic development bills. The following
provides the latest information I have on the bills we tracked;
SRS: Would provide tax credits for rewarch and development, Investments and job
creation.
Ibis bill was possibly revived from the dead today. The text was included In another
(1413531) which pertains to corporate franchise tax exemptions for corporations with
gross revenue of less than $250,000 annually,
SRISIO: Would require the property owner who receives a tax abatement to pay all
full time employees at the site a wage that is not less that 125% of the county
average wage
It appears this is stuck In the Senate Economic Development Committee,
5131864: Defined requirements for membership on Reinvestment Zone Boards with
regard to TIF''s (different from reinvestment zones for tax abatement - Board not
required)
It appears this was left in committee,
118838: Would prohibit school districts from participating In tax abatements.
Looks like this was also left in committee,
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HB 1973; Regarding tax abatements for residential and commercial-industry tax
abatements If more than one lasing unit participates, the terms would need to be
the same. Would also move the administration of the central registry of
reinvestment zones to the Department of Economic Development from the
Comptrolites office.
This bill also left in committee.
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111 312684: Penalizes school districts that participate In tax Increment financing
(TIF) agreements.
ThIs bill passed both House and Senate. As It Is written, current T1F agreements are not
grandfathered, however a committee will address the possibility amending the bill to do
so.
H8 3034: Would allow taxing units to enter into tax abatement agreements with
different terms.
This bill is out of committee and was placed on "local and uncontested calendar" today.
HB 31811 Would move the administration of enterprise zones to the office of the
Comptroller from the Department of Economic Development.
It appears this bill Is still in t1 c Senate Economic Development Committee.
HB 36371 Reauthorizing Smart Jobs Program and Skills Development Fund
(Incentive programs for job creation).
Several amendments have been made, but we don't have a final version. It may be that
the funding for both programs will be lower, Skills Development previously had $25
million in General Fund dollars but may have lost that. If they spread the previously
funded Smart Jobs funding, both programs would receive considerably less, (Snout lobs
funding comes from unemployment tax revenue.)
HJR39: Exempting personal property from ad valorem tatation.
I think Jon is tracking this one, I could not access the bill's status today,
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HIGHLIGHTS OF WATER LEGISLATION
'16TH
LEGISLATURE
H CKGROL,j%M
Twenty-nine bills dealing with water and wastewater Issues were tracked. Orgy eight
of the twenty-nine bills made it to the Governor's desk and one of those bills was vetoed.
Another bill, which had many sections of concern to municipalities, was scaled back so that the
objectionable sections were eliminated. The most significant bills which failed to nuke it Into
law were tht bills dealing with impact fees and county development districts. A bilk which
pasted, authorizing the establishment of county water/wastewater systems, could potentially
have an adverse Impact on the City of Denton.
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FAILEQ
IMpaci fees (HB 2M
11B 2045 passed both houses of the Legislature but was vetoed by the Governor. This
legislation could have cost the City and its taxpayers millions of dollars. Denton and
Greenville worked hard to have the bill vetoed. Denton's lobbyist contacted a reporter for the
Wall Street Journal about writing a story on HB 2045. An article appeared In the WU just two
days before the Governor's veto.
County Development Districts (HB 3567)
Denton County promoted this bill. County Development Districts were authorized by the
Legislature to promote tourism through the funding of projects like golf courses and water
parks. JIB 3567 gave Districts the authority to create waiedwastewate. systems within
municipal Ms. The bill also provided that projects could be funded through the hotellmotel
tax and by ad valorem taxation. There was considerable opposition to HB 3567. In spite of
the opposition, it did pass the House. Expect this legislation to surface again next session.
1 Unner Trinity (HR 69311) 386; HO 6941SB 387; HB 6951SB 38s)
A trio of bills dealing with the Upper Trinity Regional Water District was filed. One of the
bills gave Upper Trinity the authority to exercise eminent domain within it municipality's
boundaries without prior consent. Another bill gave the District authority to add members to
the board for entities that contract with the District. This provision could have diluted city 1 r J f, t;
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representation, Note of the three bills were heard in committee due to the failure to secure
enough city support.
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Consent Of 51unic lity (HB 2648158 12251
These bills attempted to clarify the law with regard to the necessity of municipal consent prior
to the creation of a water district within the boundaries or ETJ of a municipality. The City of
Frisco initiated this bill.
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PASSED
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County Water and Sewer System (SB 821)
A county may own, operate or contract with another entity to operate a walerlwastruater
system. It may be funded only by revenue bonds except in Barris County where general
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obligation bonds may be issued. Allegedly this bill was drafted to provide waterlwastewater j
systems for colonial, but activity under this bill should be closets monitored. 11 is possible for
a county system to operate within a city's ETy. Hays County (just south of Austin) heavily
supported this bill. This bill went Into effect on May 24, 1999.
(HB 1479)
An amendment or renewal of a discharge permit may be granted by the TNRCC without a
hearing if the application does not significantly Increase the quantity of watte to be discharged
or materially chan63 the pattern or place of discharge.
Annexation of Fresh Water Supper (HB 1291)
This bill permits the single certification of a fresh water supply district that has been annexed
by a municipality,
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1999 Briefing Book
R
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Eauc e76t" Legislative
Session
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Fable of Contents
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SUBJECT BILL 0 PAGE #
Investment Capital Fund HB 2359 1
GED Testing HB 688 1
GED Testing S81472 2 f
Special education core services--ESC SB 476 2
Contracting--ESC SB 724 3
Board eleclions'majority vote S1311111 3
Violence prevention/intarvention S81724 4
Fee authority for programs outside regular school day HB 772 4
Parental involvement HB 1104 6
Compliance with open meetings/charter governance HB 211 3
Notification of uncertified leacher HO 618 7
Master Reading Teacher Program/Staff Development HO 2107 8
Account
Jury duty for district employees HB 269 9
Compulsory attendance for students 18 and older HB 907 10
Charter school compliance with reading Instruction SB 4 10
programs
Excused absences for religious holy day HB 217 11
Compulsory attendance fines for JJAEPS HB 1961 12
Individual Education Plans distribution $8 870 12
Notification of student performance 91 311158 13
r Notification of college admission to top 100e of high S86110 13
school graduates
Surrogate parents SB 1141 14
Written or audio-taped copy of IEP in native language HIS 1275 15
Special education monitoring HIS 2172 15
Community-based dropout rocovery program $B 1784 17
Kindergarten and Pre•Klndergarton grants SB 4 17 '
Ready to Read Grant program SB 955 18
Head-Start programs S84 19
Assistive Technology Devices HB 633 19
School for the Deal security personnel SB 1766 20
UIL rules and regulations HB 3573 20
Expulsion (of Assault 68 260 21
Licensure for Chemical Dependency Services In AEPs HIS 3606 22
Accountability for AEPs SB 4 23
Record-sharing agreements between ISDs and local HB 1749 23
juvenile probation departments
Prohibits distribution or selling of dietary supplements HB 3420 24
School-based health centers HB 2202 24
Expansion of statewide studont testing program S8103 26
Social promotion $8 4 27
Tech-prop education HB 2401 29
School report card--Inclusion of class-we SD 576 29 ` I
Accreditation sanctions HB 2307 30
School district fiscal ascounlability rating system SB 875 31
Schoot f nance S84 31
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Acquisition of school facilities HB 2260 32
Public notice of tax rate HB 2075 33 1
Competitive procurement requirements for school 68 669 34
districts
Competitive procurement requirements for school HB 2021 35
districts
Preference to Texas products HB 597 35
Energy conservation measures HB 2492 36
Financial arrangements for real and personal property SO 1091 36
Long-term Investment contracts for debt service SIB 1089 37
TASP HB 2011 37
TEXAS and Teach for Texas grant programs HB 713 38
Mentoring program at University of North Texas H8 2806 40
Johnson Space Center program S91026 41
Community college course credit 581352 41
Purchasing requirements for junior colleges HB 1642 42
Texas agriculture policy HB 2 42
Grants for agriculture projecls HB 2631 43
Personal religious freedom SO 138 43
Deferral of certain traffic offenses HB 1603 44
Creation of the Office of Prevention and Early SO 1574 45
Intervention at DPRS
TRS service credit for career and technology teachers HB 3660 45
Resolution of administrative law cases HIS 2105 46 1
Date of notification of decision in administrative SS 211 46
hearings
Tobacco settlement HB1676 47
School district performance reviews 1-18 2553 47
ExcepFons to open meetings law HI3156 48
Open meetings broadcasts on Internet SO 1252 49
Public Information rewrite $81851 49
Summer food service programs H8037 50
Notification of abuse for disabled adults HB 2170 60
Interagency Council on Early Childhood Intervention MB 1503 51
Transfer of property by certain political subdivisions S61520 51
Tampering of governmental records H8 926 52
Definition of intoxicated SB 114 52
Abandoned property laws HB 2890 53
Roll-back tax rate calculation 681804 63
` Property tax credits HB 51 54
Read to Succeed License plates lib 3351 64
School bus driver examinations HB 1409 55
Driver education instruction H8 953 55
School activity bus 1-19 385 56
School cressing guards HB 984 57
School bus equipment HIS 1744 57 '
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Electric utility deregulation S97 68 r '
Natural gas utility service `;81797 68 !
Bonded indebtedness HB 2685 59
Write-in voting HIS 3204 69
Alcohol awareness information program H8 1224 60
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Curricula for r' ug and alcohol awareness HB 3757 60
Driver educr Lion and driving safety oourses S8777 61
Temporary driver education instructor licenses SIB 81 62
Texas Parent's Day H9 1196 62
Acanthosis screening pilot program HB 1860 63
Texas Environmental Education Partnership Fund $8 1747 63
Career and Technology education HCR 117 64
Youth violence SCR 79 64
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2359 b 01 Vo
Education Code Impacted: Section 7.024
Summary: This bill removes the 25% cap that limits the use of grant funds in the Investment i
Capital Fund that can be used to enrich or extend student learning experience outside of the regular 1
school day.
Change from current law: Current law limits the use of grant funds for student
enrichment/extension to 25%.
Action Required for the 1999.2000 School Year: The agency will need to rewrite the RFA to
accommodate this change.
Future Implications: None.
Outstanding Issues: None.
Does this bill create anew program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
Hs ese ' a.ll
Education code Impacted: TEC 7111, Education Code
Summary: This bill establishes eii,iibility for GED tesring to include persons who are at least 16.
years-old and ordered by a justice or municipal court to lake the GED. Section 54.021 (d), Family
Code, describes options available to jtstice and municipal courts when settling truancy cases. It the
truant person is at least 16-years-old, the judge may order the person to take the high school
equivalency er amination.
Change from current law: Previously, the Family Code gave justice and municipal courts the
option, when settling truancy cases, to recommend that the truant attend preparatory classes for the
high school equivalency examinalim however, the Family Code did not grant Judges authority to
recommend testing This omission (can recommend preparation, cannot recommend testing) had the
offer t of placing young people In a "Catch 22" situation of being ready to test but not eligible.
Action Required for the 1999.2000 School Year: GED lestintl centers need to be notified of the
change in eligibility for testing.
Future implications:
Outstanding Issues: There Is a danger that all or most young people who are truant will be
ordered to take the QED test rather than completing high school. It is unlikely that students who need
considerable remediation will be able to succesrdully complete the tests, because of the difficulty rJ~
level, resulting In a population of "push-outs' who hAve neither a high school diploma nor an d~ e
equivalency credential
Does this bill create a new program? No.
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Does this bill require a new report? No. (Current demographics in the GED database could
provide information about the performance of court-ordered youth on the GED Test d they take lire 4
test, however, we would have no information about youth who are ordered to test failed to do 00.)
Does thin bill require that rules be adopted? Yes. GED rules will need to reflect this additional
class of eligible youth.
113'1412 B Oivh s
Education Code Impact: TEC 7.111 & TEC 25.086
Summary: This bill establishes the eliVibility for GED testing of 16-year-olds enrolled in Job Corps
training programs and exempts such students for the requirements of compulsory attendance.
Change for Current Law: Current law limits the eligibility for high school equivalency testing of 16•
yeaf•olds to thu:e "recommended by a public agency that has supervision or custody of the person
under at court order," This bill extends eligibility to 1 &year-olds enrolled in Job Corps training
programs and also exempts such youth from the requirements of compulsory attendance.
Action Required for the 1999.2000 School Year: GED testing centers need to be notilied in the
change in eligibility for testing.
Future Implications: It Is possible that other organizations serving at-risk youth may seek to
expand services to younger students,
Outstanding Issues: No.
Does this bilf crealo a new program? No.
Does this bill require a new report? Nu.
Does this bill require that rules be adopted? Yes, GED rules need to reflect this additional class
of eligible youth.
SS 476 b Luna, ar I
Education Code Impacted: 8.051, 11.252, and 11.253, Education Code
Summary: The bill expands the number of core services a regional education service center must
maintain for purchase by school districts and campuses. The new core san>ice relates to assistance
specihcaily designed for a school district that is considered out of compliance with stale and federal
special education requirements, based on the agency's most recent compliance review of the district's
special education programs
The bill also requires school districts to include students receiving special education services In district
and caropus improvement planning activities.
Change from current law: Yes.
Action Required for the 1999.2000 School Year: Yes
Future Implications Expands ESC core services.
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( Outstanding Issues None at this lime.
Does this bill create anew program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
Education code Impacted: T£C Chapter 8, Subchapter B
Summary: By amending Section 8.053 of the Texas Education Code, SB 724 permits the regional
education service centers to contract with public or priVE a entities for the provision of services
outlined in Subchapter B, Including the provision of continuing education courses and programs.
Change from current law: Clarifies but neither adds nor detracts from current law.
Action Required for the 1999.2000 School Year: None
Future Implications: None.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
SB I I I Carona
Education Code Impacted Section 11 057.
Summary: This bill authorizes a school district that elects trustees by numbered positions u. der
Section 11.058 or from single-member districts under Section 11,052 to adopt a majority vote
requirement for the trustee elections.
Change from current low: Currently, trustees in these districts are elected by plurality vote under
the provisions of the Electior Code.
Action Required for the 1999.2000 School Year: No action required as a district Is not required
to exercise this new authority,
Future implications: No additional future implications.
Outstanding Issues: Preclearance of the bill by the United States Department of Justice pursuant
to the Voting Rights Act. J
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
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SBI724b Effie, Rodne °
Education Code Impacted: Section 11.253, Education Code is amended. Subsection (a), Section
39.053, Education Code, is amended.
Summary: SB 1724 will require districts to include goals ar,d methods for violence prevention and
intervention on campus as one of the campus performance objectives that is part of the Campus
Planning and Site-Based Decision-Making campus Improvement plan.
Each board of trustees shall publish an annual report describing the educational performance of the
district and of each campus in the district that includes uniform student performance and descriptive
information as determined under rules adopted by the commissioner, The annual report now must
include the following: a statement of the number, rate, and type of violert or criminal incidents that
occurred on each district campus [to the extent permitted under the Family Educetional Rights and
Privacy Act of 1974 (20 U. S. C. Section 12342a)[; information concerning school violence prevention
and violence intervention policies and procedures that the district is using to protect students; and the
findings that result from evaluations conducted under the Safe and Drug-Free Schools and
Communities Act of 1994 (20 U. S, C, Section 7101 at sea. ) and its subsequent amendments.
Change From Current Law: Current law does not require goals and methods for violence
prevention and intervention on campus to be a part of the campus performance objectives.
Action Required for the 1999.2000 School Year: Districts will need to Include the goals and
methods for violence prevention and intervention on campus as part of the campus performance
objectives, Districts will need to look at the results from the evaluations conducted under the Safe
and Drug-Free Schools and Communities Act of 1994 and set goats for the campus and include this ?
information in their annual report.
Future Implications., Violence reduction on the campus level.
Outstanding Issues: None
Does this bill create a new program? No.
Does this bill require a new report? This will require the districts to report new information but will
not require a new report.
Does this bill require that rules be adopted? This will require the commissioner to look at
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amending the rules concerning the campus performance objectives.
HS 772 b Davis, Yvonne
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Education Code Impacted: Sections 11.158 and 25.092.
Summary: This bill authorizes a district to charge a fee for an education program outside of regular r
school hours for sluden:s to make up work and regain credit under the 90 percent attendance
requirement. A district may not charge the fee unless the student's legal {uardian sig is and the !
student returns a form provided by the district stating the fee would not crests a financial hardship or
discourage the student from attending the program. The fee may not exceed $50. If a district J
charges a fee for the program, the district must also provide another alternative with substantially the
same ava~labil,ty that does not require payment of a fee,
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Change from current low: Under current law, a school district is not authorized to charge a fee for
an education program for regaining credit under the 90 percent attendance requirement.
Action Required for the 1999.2000 School Year: If a district elects to offer an educational I!
program outside regular school hours as a method for regaining credit under the 90 percent
attendance requirement and charge a fee for that program, the district must comply with the
requirements of these amendments In assessing that fee and must offer a cost-free alternative.
Future Implications: No additional future implications:
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB 1104 bVDur riam
Education Code Impacted: TEC Section 11.253 (d); deletes current subsections (e), (f), (9), and
(h) •
Summary: This bill adds the parent involvement program to required elements of the campus
improvement plan. It a campus Is low-performing, the commissioner may order the preparation of a
( report regarding the campus' parental involvement program or a plan describing strategies for
improving the campus' parental involvement. He may also order a report regarding the effectiveness
of the district and campus-level planning and decision-making committees or a plan for the j
improvement of these committees. 1
Changes from current law: Bill delete9 subsection (e), which requires that the committee shall be
involved in planning, budgeting, curriculum and other decisions; subsection (g), which requires at
least one annual public meeting to discuss the performance of the campus and campus performance
objectives. and will periodically obtain broad-based community, parent, and staff input, and
information to those persons; and subsection (h), which req tires principals to regularly consult the
campus level committee in ptanning operation, supervision, and evaluation of the campus
educatiunal program.
Action Required for the 1999.2000 School Year: The changes would take effect at the start of
the 1999-2000 school year.
Future Implications: School implementation of plans will vary and may call for additional staff.
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Outstanding Issues: Subsections (e), (g) and h) each support TEG § 26.001(a) and § 4.001(b)
by requirirq open and regular communications between school administrators and the campus level
committee on which parents serve; these provisions were deleted from law. District is not required to
include oarent involvement program in its district improvement plan,
Does this bill create a new program? Yes. parent Inv, tvr nent program added to campus
improvement plan { r,
Does this bill require a new report? No; report required only upon request of commissioner. 13
Does this bill require that rules be adopted? No.
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Education Code Impacted: Amends Sections 12.105(b), 12,111,26.07(b). 53.02, and 53.48.
Adds Sections 12.119, 12.120, and 26.0085. Also adds Section 552131, Government Code.
Summary: This bill relates to compliance with Lire public Information and open meetings laws by
school dictricls and open-enrollment charters and to the governance of open-enrollment charters. It
specifies that the provisions of the public information and open meetings laws that apply to a school
district, a school board, or school children also apply to an open-enrollment charter school and
children attending an open-enrollment charter school. It requires that the description in the charter of
an open-enrollment charter school's governing structure Include the designated officer positions, the
manner of selecting and removing eflicers, the manner of selecting and removing members of the
governing body, the manner of filling vacancies on the governing body, the term of office for members
of the governing body, and whether the terms are staggered.
This bill also adds a requirement that the holder of an open-enrollment charter file with the State
Board of Education a copy of its bylaws, or a comparable document if the entity does not have
bylaws, and an annual report with the name, address, and telephone number of each officer and
member of the governing body and the annual compensation for each officer and member of the
governing body. It prohibits a person who has been convicted of a felony or a misdemeanor involving
n.; ral turpitude from serving as an officer or member of the governing body of an open-enrollment
L.,rter school.
This bill authorizes a corporation created under Section 53.35(b) of the Education Code to issue
bonds U ( nance or refinance educational facilities or housing facilities for an open-enrollment charter
school.
It adds an exception to the public Informa' cn law for the identity of a student or former student, or an
employee or former employee who furnisa?s a report of another person's possible violation of
criminal, civil, or regulatory law to a school district or other proper enforcement authority. The
exception does not apply if the informant planned, initiated, or participated in the possible violation.
The exception does not prevent disclosure to a law enforcement agency or prosecutor for official
purposes or impair the confidentiality of information under other law.
It allows a school district board of trustees to hold a meeting outside of the district for the purpose of
meeting jointly with another governmental entity that has overlapping territory.
The bill imposes a deadline on a school district or open-enrollment charter filing a suit chaiienying on
attorney general decision relating to disclosing information to a parent under the public informi
law. Such a suit seeking to withhold the information must be filed by the school district or open-
enrollment charter not later than the 30"' day after receipt of the decision or an earlier deadline, 4 any,
in the public information law. The court is required to give such suits priority. A parent may appeal
the court's decision, but a school district or open-enrollment charter school may not, If a suit is not
filed, the school district or open-enrollment charter must comply with the attorney general's decision.
This new deadlne does not alfect an earlier deadline under Section 552.353(b)(3) for the purpose of
creating an affirmative defense to prosecution. r
Change from current law: Currently, Chapter 12 provides that the governing body of an open-
enrollment chase, achool is subject to the public information and open meetings law, but does not
specify that provisions in those laws relating to school district also apply to open-enrollment charters.
Current law has less detail regarding requirements related to open-enrollment charter school officers
and governing bodies and does not specify reporting requirements relating to the governing structure.
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Section 53.35 currently applies to financing for higher education facilities.
Currently, school boards are authorized to meet outside the district for a joint meeting with another
school district but not with any other type of governmental body.
There is not a current exception In the public information law specifically relating to school district
student and employee Informants, although student education records are protected.
Currently, school districts and open-enrollment charters are subject to the same timelines as any
other governmental body regarding a suit challenging a decision of the attorney general under the f
public information law and may appeal the trial court's decision,
Action Requlred for the 1999-2000 School Year: Each open-enrollment charter school for v,hich
a charter is granted before September 1, 1999, must revise its charter to comply with ar+ended
Section 12.111 not later than January 1, 2000. An entity to which a charter is granted before
September 1, 1999, must file a copy of its bylaws or comparable document under new Section
12.11 9(a) by January 1, 2000. Each open-enrollment charter must fife an annual report in a form and
time period to be determined by the State Board of Education.
Future Implications: No additional futuro Implications.
outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? Yes, it requires a new report to the State Board of Education
from open-enrollment charter schools.
Does this bill require that rules be adopted? Yes, Stale Board of Education rules are needed
under new Section 12.119 regarding submission of an opon-enrollment charter holder's bylaws and
the equired annual report.
H8 616 by Duk6s
Education Code Impacted: Adds Section 21.057.
Summary: Under this new section, not later than the 30" instructional day after the dale of the
assignment of an inappropriately certified or uncertified teacher to a classroom, the superintend3rt is
required to notdy the parents or guardian of each student in that classroom. This notice is required for
teachers who are serving on an emergency certificate or who do not hold any Texas certificate or
permit or a school district teaching permit. The notification requirement does not apply 0 the teacher
holds a Texas certficate or a school district teaching permit or is employed under a waiver granted by
the commissioner. The notice is required for assignments of more than 30 consecutive instructional
days. A school district is required to keep a copy of the notice, make teacher certification information
available to the public on request, and make a good faith effort to provide a bilingual notice to any
parent or guardian whose primary language is not English.
Change from current law: Current rules of the State Board of Educator Certification require notice
within 30 days it a teacher does not have the appropriate certification according to the assignment k
provisions under $SEC rules unless 1) an emergency permit has been issued for the assignment, 2)
the teacher has at least 24 semester hours in the subject taught, or 3) the teacher is serving an
internship under an approved professional education preparation program.
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Action Requlred for the 1999.2000 School Year: School districts should review their practices
and policies for parental notice regarding uncertified or inappropriately certified teachers to determine
if a policy change Is needed to conform to this change in law.
Future Implications: No additional future implications.
Outstanding Issues: None,
Does this bill create a new program? No.
Does this bill require a new report? This establishes new standards for notice by school districts
to parents regarding uncertified or inappropriately certified teachers.
Do?s this bill require that rules be adopted? No.
Hg 2307 Keffor
Education Code Impacted: Sections 21.410. 21.0481, 21.453. Education Code, amends Section
39.075(c). amends Section 822.201(b). Government Code
Summary: HB2307 establishes (1) the Master Reading Teacher Grant Program, (2) the Master
Reading Teacher Certification, and (3) the Staff Development Account.
The Commissioner is required to establish a master reading teacher grant program to encourage
leachers to become certified as master reading teachers and to work with other teachers and with
students to Improve student reading performance. The program will fund grants to school districts to
pay stipends to selected certified master reading teachers at high-need campuses. The
Commissioner is required to annually Identify each high-need campus in a s,:hool district. Criteria for
identification of high-need campuses will include performance on the reading assessment Instruments
administered under Section 39.023. School districts will apply for grants for each high-need campus
to pay stipends to selected certified master reading teachers. Each grant is in the amount of 55000.
The $5000 grants are to be paid as year-end stipends. The Commissioner will reduce payments to
school district proportionately to the extent a teacher eligible for the grant does not meet the
requirements for the entire school year. A master reading teacher receiving a stipend is required to
teach in a position prescribed by the district at a high-need campus id have the primary duties of (1)
teaching reading, and (2) serving as a reading teacher menlor to other leachers. Other requirements
may be established by the Commissioner.
By rule, the Commissioner will provide for the distribution of grants to school districts for two
consecutive ye ; following the year of the initial grant. A district may not apportion among teachers
a stipend paid for with a gra.it. The district may use local money to pay additional stipends in
amounts determined by tho iistrict, This section does not create a property right to a grant or stipend.
A stipend a teacher receives under this section is not considered in determining whether the district is
paying the teacher the minimum monthly salary under Section 21.402.
The State Board for Educator Certification (SBEC) is required to establish a master reading teacher
certificate. To be eligible for a masrur reading teacher certificate, a person must: (1) hoid a reading
specialist certificate and satisfaclorty complete a course of instruction as required; or (2) hold a
teaching certificate, have at least three years teaching experience, satisfactorily complete a course of~ c
instruction as required, perform satisfactorily on the master reading teacher certification examination,
and s❑: sfy any other requirements prescribed by SBEC. The course of instruction will be a
knowledge-based and skills-based course of instruction on the science of teaching children to read
that includes training in (1) effective reading instruction techniques, Including effective techniques for
students whose primary language is a language other than English; (2) identification of dyslexia and
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related reading disorders and effective reading instruction techniques for students with those
disorders; and (3) effective professional peer mentoring techniques. SBEC is required to propose
rules establishing requirements and prescribing the examination for a master reading teacher
certification not later than January 1, 2001.
HB2307 establishes the staff development account. The account consists of gilts, grants, donations,
appropriations for the purpose of staff development, and any other money transferred by law to the
account. The Commissioner may allocate funds from the aocouni to regional education service
centers to provide staff development resources to school districts that (t ) are rated academically
unacceptable, (2) have one or more campuses rated as low-performing, or (3) are otherwise in need
of assistance as indicated by the acadernic performance of students. A school district that receives
resources under this section must pay to the Commissioner, for deposit in the account, an amount
equal to one-half of the cost of the resources provided to the district.
Change from Current Law: The Master Reading Teacher Grant Program, ,he Master Reading
Teacher Certification, and the Staff Development Account are new provisions to the Texas Education
Code.
Action Required for the 1999.2000 School Year: Rider 67, H81, General Appropriations Bill,
appropriates $12,000,000 for fiscal year 2001 for the purpose of funding master reading teacher
slipends for school districts with certified master reading teachers. In 1999-M, the Texas
Education Agency will develop rules for the administration of the master reading teacher grant
program, and the State Board for Il Certification will estabilsh the master reading leacher
certificate and examination.
Future Implications:
Outstanding Issues: Designation of "high-need" campuses: establishment of master reading
teacher courses of instruction; development of master reading teacher certification and examinatfci.
Does this bill create a new program? Yes.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Yes.
HO 269 by Flores
Education Code Impacted: Adds Section 22.006.
Summary: The new section added by this bill prohibits a school district from penalizing or
discriminating against an employee for complying with a jury summons. The school district is required
to pay the employee's regular salary while the employee is engaged in jury services and may not
reduce the employee's personal leave.
Change from current law: Currently, the Education Code does not address jury service.
Action Required for the 1999.2000 School Year. School districts should rev;ew their leave l
policies to determine if a policy change is needed to conform to this addition to the Education Code,
Future implications: No additional future implications
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No,
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Does this bill require that rules be adopted? No.
HO 807 by Sfeber: f
Education Code impacted: Sections 25.085 and 25.087.
Summary: This bill requires a person who is 18 or older and is enrolled in public school to attend
school each day. It the person has more than five unexcused absences in one semester, a school
district may revoke the person's enrollment for the remainder of the year.
Change from current law: Currently, there Is not an enforcement mechanism for the attendance of
a student who is beyond the age of compulsory attendance.
Action Required for the 1999-2000 School Year: No action required since district is not required
to exercise this new authority, i
Future implications: No additional future implications
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No,
SB 4 b• WOU
Education Code Impacted 12.104, 25.086, 28.006, Texas Education Code
Summary: SB 4 amends Section 12.104, Education Code, to make open-enrollment charter
schoois subject to the reading instruments and accelerated reading instruction programs required
under Section 28.006.
SB4 amends Section 25.086. Education Code, to require that unless specifically exempted by Section
25.086, a student enrolled in a school district r, ust attend an accelerated reading instruction program
to which the student is assigned under Section 28.006(g).
S84 amends Section 28.006, Education Code, dealing with the reading instruments administered at
kindergarten through grade 2. In addition to reporting the results of the reading instruments to the
board of IruSI.eS Of the district, the results are to be reported to the commissioner and to the student's
parent or gua dian. Results reported to the student's parent or guardian must be in writing. A school
district is required to notify the parent or guardian of each student in kindergarten through grade 2
who determined, on the basis of the reading instrument resutls, to be at risk for dyslexia o° other
reading difficulties. The district is required to implement an accelerated reading instruction program
mr those students that provides reading Instruction that addresses the identified reading deficiencies.
Tha district determines the form, content, and timing of the progra,.i. The admission, review, and
d ism ssal committee of a student who participates in a district's special education program and who
does not perform satisfactorily on a reading instrument under this section, shall determine the manner
in which the student will participate in an accelerated reading instruction program. The district is
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required to make a good faith effort to ensure that the notice required under this section is provided
either in person or by regular mail and that the notice is clear and easy to understand and Is written in
English and in the parent's or guardian's native language.
The comm;ssioner is required to certify, not later than July 1 of each school year or as soon as
practicable thereafter, whether sufficient funds have been appropriated for the purposes of this
section. A determination of the commissioner Is final and may not be appealed. No more than 15%
of the funds certified by the commissioner may be spend on indirect costs. The provisions of this
section relating to parental notification of a student's results on the reading instrument and to
implementation of an axelerated reading instruction program may be Implemented only if the
commissioner certifies that funds have been appropriated.
The commissioner is required to evaluate the programs that fail to meet the standard of performance
under Section 39.051(b)(7) and may implement sanctions under Subchapter G, Chapter 39. The
commissioner has the authority to audit the expenditures of finds appropriated and the uses of the
funds are to be verified as part of the district's audit under Section 44.008.
Each district is required to provide the accelerated instruction to students in: (1) kindergarten during
the 1999.2000 school year, (2) kinderga ten and grade 1 during the 2000.2001 school year, and (3)
kindergarten, grade 1, and grade 2 during the 2001.2002 school year.
Change from Current Law: Section 12.104 now subjects open-enrollment charter schools to the
provisions of Section 28.006. Section 25.086 now requires mandatory attendance in the programs of
accelerated instruction under Section 28.006. Section 28.006 now requires tare reporting of the
results of the reading Instruments administered in kindergarten through grade 2 to be reported to the
commissioner and to a student's parent or guardian. Section 28.006 adds the new provisions on
accelerated instruction for kindergarten through grade 2.
Action Required for the 1999.2000 School Year: Certification of appropriated funds.
Establishment of the system to provide funds for accelerated instruction to districts. Establishment of
the system for reporting results of the reading instruments to the commissioner and the student's
parent or guardian.
Future Implications: '
Outstanding Issues:
Does this bill create a new program? Yes.
Does this bill require a new report? Yes,
Does this bill require that rules be adopted? No.
HB 217 by Hochberg
Education Code Impacted: Amends Section 25 087(b).
Summary: This bill removes the requirement of submitting a written request for an excused
absence before a student is absent due to observance of a religious holy day. .A,
Change from current law: Current law requires a school district to excuse an absence for a j F
religious holy day if the parent, guardian, or person having custocy or control of the student submits a 1
( written request for the excused absence before the absence occurs,
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Action Required for the 1999.2000 School Year: A school district must excuse an absence to
observe a religious holy day even if a written request is not submitted in advance. School districts {
should review their attendance policies to determine N a policy change is needed to conform to this
change in law.
Future Implications: No additional future implications,
Outstanding Issues: None.
Dues this bill create a new program? No,
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB:1961 by.Gjrussndorf
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Education Code Impacted: Section 25.093(f).
Summary: This bill provides for the deposit of one-hall of a fine for the offense of thwarting the
compulsory attendance law to the credit of the operating fund of the juvenile justice alternative
education program that the child has been ordered to attend, if applicable. EE
Change from current law: This portion of the fine is currently allocated to the school district. f
j Action Required for the 1999-20 School Year: None.
Future Implications: No additional future implications.
Outstanding issues: None,
Does this bill create a new program? No. l1
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
SB 870 b Cain
Education Code Impacted Created TEC 26.0081
Summary This bill requires the agency to produce and provide to school districts suffirient copies
of a comprehensive, easily understood document that explains the process by which an individualized
education program (IEP) is developed. The document must also explain the rights and
i responsibilities of the parent concerning lire process so they may effectively participate in an
admission, review, and dismissal (ARD) committee meeting
The agency will also ensure that each school district provides the document to the parent of a child
with a disability at referral and other reasonable times it Is requested.
Change from current law Since 1992-93, the agency has followed federal regulation and
disseminated a document developed and approved by the US Department of Education, Office of
l Special Education. This bill will add a new document that will not completely replace Current efforts to
inform parents of their rights under the law.
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Action Required for the 1999.2000 School Year: Agency staff will begin development of to new
document.
Future Implications Development of an ordering system to ensure school districts have sufficient
copies to disseminate to parents.
Outstanding issues None at this time.
Does this bill create a new program? Creates new product/document for parents of children with
disabilities.
Does this Effl require a new report? No
Does this bill requlre that rules be adopted? No.
SB 858 bSha lei it
Education Code Impact: 28.022, Education Code
Summary: This bill requires local districts to notify parents/guardians, at least once every three
weeks, or during the fourth week of a nine-week grading period, in writing, if a student's progress In
any one of the foundation areas is "consistently unsatisfactory" The district will determine what
constitutes 'ccnsistently unsatisfactory' performance.
Change From Current Law: Currently, TAC 28.022 requires districts to provide written notice of
each student's progress at least once every twelve weeks. According to this amendment, local
districts would now be required to provide written notice of unsatisfactory performancr; in the
foundation areas once every three weeks.
Action Required for the 1999.2000 School Year: All local districts, in particular school principals,
should be notified of this change.
Future Implications: Districts, who are not already notifying families of failing grades earlier in the
grading period, may need to allocate time and money for these additional written reports.
Outstanding Issues: None noted.
Does this bill create a new program? No.
Does this bill require a new report? This changg in law MU require a new report, but only at the
local campus level, Each campus, not already providing parents'guardians with a written report of
unsatisfactory performance at midpoint in a grading period, will now be required to do so in the
foundation areas of the curriculum.
Doe3 this bill require that rules be adopted? No.
S9 510 b Sha lei h
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Education Code Impacted: 28.026, Education Code
Summary: SB 510 requires that each high school counsel-a and class advisor be provided a
detaited exptanatior of TEC §51.803 and requires high school counselors and senior class advisors
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explain to eligible students the substance of TEC §51.803. Also requ res that written notification be
provided to each eligible senior student.
TEC §51.803 requires each institution of higher oducatioo automatically admit students who
graduated from high schoc' in the top 109+6 of students in the graduating class based on grade point
average.
TEC §51.803 also requires the higher education institution to determine 0 ll applicant may require
additional preparation for college-level work. If the determination of additional preparation is made the
institul n may require t: ,e student to enroll in summer school.
Changes from current law: This Is a new provision.
Action Required for the 1999.2000 School Year: Requires notification to all high schools, high
school counselors and senior class advisors
Future Implications: None beyond notification.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill tequlre a new report? No.
Does this bill require that rules be adopted? No.
SB 1141 b " 0i fidn]
Education Code Impacted: Section 29001 (amended), Section 29.015 (created)
Summary: This bill establishes new requirements for districts to follow when assigning a surrogate
parent, The bill also establishes when foster parents are recognized as a surrogate and/or parent. In
addition, the bill establishes when a court certified volunteer advocate may be assigned to act as a
surrogate.
Changes from Current Law: Districts now have wide discretion to choosing who will serve as a
surrogate: int for studonts in special education who do not have parents, are wards of the state, or
a reasonab ! attempt to contact the natural parents has been unsuccessful. Districts are allowed to
pay surrogate parents a nominal fee. Districts cannot use Individuals who may have a "conflict of
interest" as a surrogate parent. There has been considerable confusion on whether there was a
conflict of intere it when utilizing some foster parents (who receive funding from the Texas Department
of Protective and Regutalory Services) 83 surrogate parents. The local school district has had rho
authority to make these decisions. The new law still statet. that the surrogate parent selected must
..have no interest that conflicts with the child's Interest." However, the school district must now give
preferential cons deiation to foster parents when selecting surrogates. If the decision Is made to not
use the foster parent, the foster parent can file a complaint with the agency.
Action Required for the 1999.2000 School Year: The agency will establish minimum standards
by rule relating to a training program that Individuals must complete In order to serve as a surrogate t
parent Individuals acting as a surrogate parent will be required to perform several specific duties
relating to the education of the student, School districts will need to Incorporate the requirements of
this bill into their policies and administrative procedures to ensure compliance. School districts may
need to change policies and procedures relating to the assignment of foster parents as the parent
and/or surrogate parent,
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Future Implications: Districts will have additional cost Involved in the development of training
materials, conducting the training, and less discretion In the selection process. There could also be
costs and time Involved In settling and mediating complaints filed by foster parents with the agency.
Outstanding Issues: The decision-making about the "conflict of interest" Issue can be sensitive.
Does this bill create a new program? This bill creates a training program for surrogate parents
and establishes new standards of service that surrogate parents must provide.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Yes (Commissioner rules).
HO 1276 by L(FAA; Vpma
Education Code Impacted Amended TEC 29.005
Summary The bill requires school districts to provide a written or audio-taped copy of the child's
IEP translated into Spanlst d Spanish is the parent's native language. If the parent's native language
is a language other than Spanish, the school district must make a good faith effort to provide the
parent with a written or oudio-taped copy of the IEP translated into the parent's native language.
Change from current Is v Yes.
Action Required for the 1999.2000 School Year: School districts will begin providing a written or
{ audio-taped copy of the IEP in Spanish if the parent's native language is Spanish. School districts will
need to establish systems to translate other languages.
Future implications Costs of written andlor audio-taped translations.
Outstanding Issues Determining the definition of "good faith effort" relating to the Iran3lation of
languages other than Spanish.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Not in the bill. However, the Commissioner may
wish to develop implementation rules under the rule making authority granted to the agency under
TEC n:001.
HIS 2172 b Luna, V11me
Education Code Impacted: 29.010, §39.053, §39,072(b), 39.182(a)
Summary: This bill requires the Agency to:;, ti
(1) adopt and implement a comprehensive system for monitoring compliance with special education
that includes an ongoing analysis of district special education data and complaints; 4
(2) gather information from teachers of students in special education before completing an on-site
inspection;
(3) develop an expedited syslem to Investigate and resolve special education complaints: and
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(4) include the district's current special education compliance status" In annual district and campus
performance reports, the academic excellence indtcators, and determination of district ratings.
It also raquires the Agency to include in the public school comprehensive legislative biennium report:
(1) the period for which the district has not been in compliance;
(2) the manner in which the agency considered the distrka's failure to comply In determining the
district's accreditation status; and
(3) an explanation of the actions taken by the commissioner to ensure compliance and an evaluation
of the results of t'nose actions.
Change from Current Law:
• Under current law, the Agency may determine the appropriate schedule for monitoring district
special education programs. This bill requires the agency to adopt and Implement a
comprehensive system for monitoring compliance with special education that includes ongoing
analysis of district special education data and of complaints filed with the Agency. It requires the
Agency to use the analysis of district data and complaints to determine the appropriate schedule
for on-site Inspections.
Currently, the Agency must obtain information from parents of students in special education during
an on-bite inspection. The bill requires the Agency to obtain information from teachers of
students in special education as well.
The requirement for the Agency's complaint management division to develop a system for
expedited investigation and resolution of complaints Is not in current statute.
• Current law does not Include "she district's current special education compliance status" in annual f
district and campus performance reports, the academic excellence Indicators, and determination
of district ratings. These will be new components.
0 Current law does not require legislative reports to Include the period districts are not In
compliance, the way the agency considered district compliance failure In determining district {
accreditation status, an explanation of commissioner actions to ensure compliance, and an
evaluation of the results of those actions. These are new requirements.
Actions Required for 1999.2000 School Year: All actions are required to apply during the 1999-
2000 school year, except the changes to the biennium report to the legislature those changes occur
at the next regular report.
Future Implications: The Agency is already developing a comprehensive system for monitoring
compliance with special education that includes an ongoing analysis of district special education data
and complaints. It has been piloted, and will require revisions and approval for implementation,
Accountability procedures for on-site monitoring of special education will be revised to ensure that
evaluation teams gather information from teachers of students in special education before completing
an on-site inspection
The Agency has a procedure In place to expedite the investigation and resolution of special education
complaints. A computerized database must be constructed and criteria must be defined to
Incorporate the district's current special education compliance status in annual district and campus
performance reports, the academic excellence indicators, and determination of district ratings. The
database will need to include a tracking capacity to produce the new required items for the biennium
report to the legislature.
Outstanding Issues: Development of criteria for determining district compliance status is needed.
Also, the Agency must develop an appropriate method for considering t;te Impact of tho district
compliance status on the district accreditation rating
Does this bill create a new program? No,
Does It require a new report? It requires modifications to existing reports.
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Does this bill require that rules be adopted? Modifications may be required to State Board rules
required under TEC §39.053 and §39.072(b) regarding annual performance reports and academic
excellence indicators.
581784 6V 08116§68
Education Code Impacted: TEC Section 29.081
Summary: Requires a private or public community-based dropout recovery education program that
is providing alternative education to provide the following: at least four hours of instruction; employ
degreed faculty and adm-nistralofs; provide at least one instructor for each 28 students; perform
satisfactorily according Ic performance indicators and accountability standards for alternative
education programs; and comply with this law and rules adopted under this law.
Change from Current Law: Current law only required the program to grade student's work, offer
credits, modify instructional time requirements, and establish methods of evaluating subject mastery.
Actlon Required for the 1999.2000 School Year: The law takes effect September 1, 1991
Distrlcls will need to adjust any agreements with community-based dropout programs providing
alternative education programs to comply with this law.
Future Implications: Community-based dropout programs without degreed instructors will have to
hire degreed staff, and the programs will have to perform satisfactorily to continue contractual
agreements with districts.
Outstanding Issues: Some community-based dropout programs may have trouble meeting the
requirement of degreed staff by September of this year.
Doesthls bill create a new program? No. {
Does this bill require a new report? No.
Doe3 mis bill require that rules be adopted? No .
SB 4 b rl elvins
Education Code Impacted: Section 29.155, Texas Education Code.
Summary, S134 provides funding for grants to school districts and open-enrollment charter schools
to implement or expand kindergarten programs by: (1) operating an existing half-day kindergarten or
prekindergarten program on a full-day basis; or (2) implementing a prekindergarten program at a
campus that does not have a prekindorgarte, program. Funds received may be used to employ
teachers and other persornel for a kindergarten or prekindergarten program and to acquire curriculum
materials or equipment, including computers, for use in kindergarten and prekindergarten programs.
School districts and open-anfollment charter schools will apply for the grants In a manner and within
the time prescribed by the commissioner. In awarding grants under this section, the commissioner is
required to give priority to districts and open-enrollment charter schools In which the level 01 f
performance of students on the assessment instruments administered under Section 39.023 to
students in grade three is substantially below the average level of performance on those assessment
instruments for all school districts in the state.
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Change from Current Law: The pro:lslon of kindergartin and prekindergarten grants is a new
provision of the Education Code.
Action Required for the 1949-2000 School Year: Establishment of the kindergarten and
prekindergarten grant program application process.
Future Implications:
Outstanding Issues:
Does this bill create a new program? Yes.
Does this bill require a new report? No.
Does this bill require that rules be adopted? The Commissioner is given rulemaking authority
and may adopt rules to administer this section.
Se 955 bV Bivinti y
Education Code lmpa,ted: 29.155, Education Code; adds new Chapter 72, Human Resources
Code
Summary: SB955 establishes the Ready to Read grant program to support pre-reading Instruction.
Grants are tj be used to provide sc untific, research-based pre-reading instruction for the purpose of I
directly improving pre-reading skills and for Identifying cost-effective models for pre-reading
intervention. The grants are to range from $50,0001o$150.00. Funds can be used for (1)
professional staff development in pre-reading Instruction, (2) pre-reading curriculum and materials (3)
pre-reading skills assessment materials, and (4) employment of pre-reading instructors.
A public school operating a prekindergarten Program, or an eligible entity as defined by Section
12,101(a) that provides a preschool Instruction program and that meets qualifications prescribed by
the commissioner, is eligible to apply for a grant if at least 75 percent of the children enrolled in the
program are low-income students, as determined by rule of the Commissioner.
As a condition to receiving a grant, an applicant must commit public or private funds matching the
grant. The Commissioner will d3termine the required matching percentage based on the
demonstrated economic capacity of the community served by the program to raise funds for the
purpose of ma'ching the grant. Matching funds must equal at least 30 percent, but not more than 75
percent. of the amount of the grant.
The Commissioner Is required to develop and implement performance measures for evaluating the
e4ectiveness of grants under this section. Such measures must correlate to other reading diagnostic
assessments used In public school In kindergarten through the second grade. To the extent practical,
the Commissijner Is to administer the grant program In a manner consistent with other reading
programs the Commissioner identifies as components of the Governor's Reading Initiative.
SB955 adds language to the Human Resources Code concerning the provision of educational
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services through Head Start programs. To promote the comprehensive health, safety, and well-being
of children receiving child care through Head Start programs, a program provider is required to
provide educational services to children participating In the program so that each child Is prepared to
enter school and is ready to learn after completing the program. The educational services provided
must include components designed to enable a child to (1) develop phonemic, print, and numeracy
awareness (including the ability to recognize that letters of the alphabet are a special category of
visual graphics that can be Individually named, recognize a word as a unit of print, identify at least 10
letters of the alphabet, and associate sounds with written words); (2) understand and use language to
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communicate for various purposes; (3) understand and use an Increasingly complex and varied
vocabulary; (4) develop and demc nstrale an appreciation of books; and (5) progress toward mastery
of the English language, if the child's primary language is a language other than English.
Change from Current Law: The Ready to Read grant program is a new provision of the Education
Code. The requirement for educational services for Head Start programs is a new provision of the
Human Resources Code,
Action Required for tl,e 1999.2000 School Year: Establishment of the Ready to Read grant
program.
Future Implications: No.
Outstanding Issues: No.
Does this bill creates new progr rm? Yes.
Does this bill require a new repot? No.
Does this bill require that rules be sdopted? Yes.
88 4 by BiVlllt ' e r w ei`e r
Education Code Impacted: Section 29A56, Texas Education Code,
Summary: SB 4 establishes a program to provide grants for use in providing an educational
component to federal Head Start programs or similar government4unded early childhood care and
education programs.
Change from Current Lew: The Educational Services Component of Head Start grant program Is
A new prov,s on of the Education Code.
Action Required for the 1999.2000 Seh,ol Year: Establishment of the Educational Services
Component of Head Start grant prograr r. Commissioner rules prescribing eligibility criteria and
expenditure of funds.
Future Implications:
Outstanding Issues:
Does this bill create a new program? Yes.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Yes
HS 633 by Maxey
Education Code Impacted: 300015 ! i r
Summary: Under the provisions of this bill, a school district that has purchased an assistive
l technology device to aid a special education student may sell, lease, loan, or give the device to
another entity for the continuing use of a student who is leaving the district.
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The Agency is required to develop and monitor guidelines for a school district's transfer of a device to
another entity. The device may be transferred to another school district in which the student enrolls; a }
state agency; the student; or the student's parents.
Change from current law: NIA
Action Required for the 1999-2000 School Year: Agency will have tc develop and monitor
consistent guidelines regarding the transfer of assistive technology.
Future Implications: No.
Outstanding Issues: The issue of whether the device should be transferred or retained for another
student's use will still hi ve to be addressed by the district
Doos this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
591766 b V .4srrl*ntos
Code Section Impacted: 30.052, Education Code, is amended by adding Subsection (1).
Summary: The governing board of the Texas School for the Deaf may employ security personnel
and may commission peace officers in the same manner as a board of trustees of a school district
under Section 37.081. t
Change from Current Law: Not addressed in current law. Current law does not appear to allow
the governing board of the Texas School for the Deaf to act under 37.081 only a board of trustee of a
school district may act under current law.
Action Required for the 198&2000 School Year: If the Governing Board of the Texas school for
the Deaf wants to employ security personnel and commission peace officers they may act under
Section 37.081 to take this action.
Future implications: No future implications except that it the governing board takes action to have
security personnel or peace officers there may be more referrals of students to law enforcement and
consequently a safer campus,
Outstanding Issues: None.
Does this bill create a new program? No,
Does this bill require a new report? No.
Does it requlre that rules to be adopted? No.
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HS 3573 b e non k
Education Code Impacted: Section 7.102 (amended), Section 33.081 (amended), Section
33.0811 (added) }
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Summary: UIL rules and procedures will now have to be submitted to the commissioner of
l education for review. The commissioner was given the authority to approve of disapprove UIL rules
and procedures. The commissioner was also authorized to adopt rules relating to extracurrlou'ar
activities under TEC §33.081. The bill changed the language of the no pass, no play suspension
Eom three weeks to three "school" weeks, This eliminates discrepancies in the length of suspension
created by spring break and the winter holidays and brings the rule more In line with the year-round
school intersession interpretations. In addition, the bill adds TEC 133.0811 which authorizes local
boards of trustees to adopt policies that establishes the number of times that students may be absent
to participate in extracurricular activities. It also requires that the policies allow at least ten absences
for extracurricular participation but does not cep the m.?rtmum days that may be missed for
extracurricular participation.
Change from Current Lew: Currently, the Texas Education Code authorizes the State Board of
Education (SBOE) to approve, disapprove, or modify University Interscholastic League ;UILI rules and
procedures under TEC §33.081. The SBOE also adopted rules which prohibited a studenllrom being
absent from a class more than ten times during the school year for extracurricular participation, and
19 TAC 76.1 (d) and (e) which allowed five additional absences for'post-distrla' competition and two
additional days for state championship level competition.
Action Required for the 1999-2000 School Year: The commissioner must adopt extracurricular
rules under TEC §33.081, he must review, approve, or disapprove UIL rules and procedures, and
local boards may adopt policies for extracurricular absences. Th,e three 'school week" suspension for
no pass, no play must be implemented by school districts.
Future Implications. Sunset provisions for commissioner rules will apply. Uil. will have to submit
rules, amendments, and procedures to the commissioner for approval or disapproval.
( Outstanding Issues: None,
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Yes. Commissioner rules must be adopted in place
of the current SBOE rules.
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SB 2811 t3IVInS
Education Code Impacted: Subsections (b) and (d), Section 37,007, Education Code are
amended
Summary: SB 260 will allow districts to expel students that engage in conduct that contains the «
elements of an offense under Section 22,01(a)(1), Penal Code (assault as when a person;
intentionally, knowingly or recklessly causes bodily Injury to another. Including the person's spouse).
against a school district employee or a volunteer as defined by Section 22,053,
SS 260 will let districts expel students that engage In conduct that contains the elements of any
offense listed in Subsecticn (b) 3, against any employee or volunteer in retaliation for or as a result of A" r
the person's employment or association and without regard to whether the conduct occurs on or off (1,-
school property.
Change From Current Law: Current law on,y allows a district to place a student in the DAEP when
the student engages in conduct that contains the elements of an offense under Section 22.01(a)(1),
Penal Code (assault as when a person: intentionally, Knowingly or recklessly causes bodily injury to
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anorher, including the person's spouse), against a school district employee or a volunteer as defined
by Section 22.053. Current law does not allow the district to expel for assault under 22.01(a)(1) in
retaliation against an employee or volunteer.
Action Required for the 1999-2000 School Year: Districts will need to change thelr coda of
conduct it they want to expel students that engage in conduct that contains the elements of an offense
under Section 2.01(a)(1), Penal Code. Districts In JJAEP counties will need to Include student
expelled for engaging In conduct under Section 22,01(a)(1) In their MOU with JJAEPs or Include them
for placement in their DAEPs.
Future Implications-. There may be a need for more funding for districts for placements In JJAEPs
In the future,
Outstanding Issues: Students that are expelled to the street In non-JJAEP counties.
Does this bill create a new program? No.
Does this bill require a •:ew report? This may require the districts to report on the PEIMS 425
record assaults on teachers and volunteers.
Does this bill require that rules be adopted? No.
lilllineg ' ` A s
Code Section Impacted: 37.008(k), Education Code, 164.006 Health and Safety Code.
Summary: Requires Alternative Education Programs (AEPs) providing chemical dependency
treatment services to be licensed under the Health and Safety Code.
Change from Current Law: Not addressed in current law. Current law does not appear to require
licensure under the Health and Safety Code or employment of a mental health professional in an AEP
providing a substance abuse component.
Action Required for the 1999.2000 School Year: Districts that Interd to provide these services In
AEPs must seek licensure Districts that currently offer chemical dependency f•eatnrent services in
AEPs should seek legal counsel In order to determine whether these services hould be suspended
pending licensure,
Future Impllcstions: This new requirement affects districts as they plan both the program and
budget components of AEPs.
Outstanding Issues: The implications for districts will vary and thus will have to be determined by
each district's legal counsel. It is not clear whether many AEPs offer substance abuse prevention
serviref that qualify as "chemical dependency treatment services" and thus trigger the now [!censure {
requirement.
Does this bill create a new program? No.
Does this bill require a new report? No. ~i
Does this bill require that rules be adopted? No ~r C
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Cducat(on t ode Impacted: 37.008(m)
Summary: Requires the commissioner to evaluate each district's disciplinary alternative education
program on an annual basis. TAAS performance by students assigned to these programs must be
included as a factor in the evaluation. Additional performance indicators are being developed.
Districts will be receiving more detailed information about the evaluation plan and its implementation
schedule in the near future. The change also deletes provisions for ratings under alternative
accountability procedures. Accordingly, disciplinary alternative education programs operating at
alternative campuses will no longer be eligible for these procedures.
Change from current law: Accountability provisions for disciplinary alternative education prepirams
are modified to require an annual evaluation rather than ratings under the altemative accountability
procedures.
Action Required for the 1999.2000 School Year: Disciplinary alternative educatr,nn programs
operating at alternative campuses will no longer be eligible to participate in the agenct s alternalve
accountability procedures. Rather, the locally-assigned regular campus (vsualiy the campus of
residerce) of a student placed in a disciplinary alternative education program will be held
accountable for the performance of that student for purposes or ratings under Chapter 39, TEC.
Alternative campuses providing other types of programs, e.g., dropout recovery programs, will
continue to be eligible to register under the atternatve procedures even it a disciplinary alternative
education program Is a component of the campus. Students attending such a campus for a
disciplinary reason will be distinguished from other students at that campus for accountability
purposes. Similarly, campuses at detention centers and olherjuvenile justice lacrliti<,g will continue to
be eligible for the alternative procedures. This change only affects those students :ed at an
alternative campus for a disciplinary reason under Chapter 37, TEC. More specific information
regarding implementation of this change is forthcoming.
Future implication: Disciplinary alternative education programs cell be the focus of an annual
evaluation based primarily on the performance of students assigno% to the program during the year,
Compliance with state and federal requirements will also be monitored on a risk basis. The locaily-
assigned regular campus of students assigned to disciplinary alternative education programs will be
accountable for the performance of These students.
Outstanding Issues: Districts will be receiving further Information about implementation of these
changes in the near future,
Does this bill create a new program? A new evaluation is required.
Does this bill require a new report? The results of the evaluation will have to be reported to
districts annually.
Does this bill require that rules be adopted? Yes, Section 37,008(m) requires adoption of
commissioner's rules. f
Hlll 1749 by do do Putts 1 l 5 t~'
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Education Code fntpataed: 37.084, Education Code; 58.0051. Family Code.
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Summary: Permits superintendents to enter into record-sharing agreements with their local
j juvenile probation department.
Change from Current Law: Clarifies superintendents' authority to share educational Information
and receive criminal history information.
Action Required for the 1999-2000 School Year: None. Optional.
Future Implications: None,
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HS 3420 Illlexe
Education Code Impacted: Adds Section 38.011,
Summary: This bill prohibits school employees from selling or distributing dietary supplements
containing performance enhancing compounds to students. It also prohibits school employees from I
endorsing or suggesting the use of such supplements by students.
Change from current law: Currently, the Education Code does not address the sale, distribution,
endorsement, or suggestion of use of dietary supplements.
Action Required for the 1999-2000 School Year: Implementation of these prohibitions regarding
dietary supplements.
'
Future Implications: No additional future implications.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No,
H8 2202 'fills
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Ed. Code Impacted: 38 011. and 38.0095 r
Summary: Section 38.011 is amended to allow school districts to apply to the Texas Department of
Health for grant funds for establishing a cooperative health care program, including school-based l
health centers. Permission from the student's parent or legal guardian Is required before services are
provided to a student. The consent form roust fist every service that the center delivers and allow i
consent on a categorical basis. The provision of reproductive services, counseling, or referrals is
prohibited. Staff are required to provide notice to primary care physicians of services that are
provided to patients of the physw;ian.
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Assistance in operating the school-based center can be obtained from any public health agency In the
community, within the limitations of the public health agency's resources.
If a school-based health center is located in a county with a population of less than 50,000 of in an
area that has been designated as a health professional shortage area or a medically underserved
area, additional coordination and service authorization activities will be required to prdserve and
protect existing health care systems and medical relationships.
The district must seek all available sources of funding to compensate the district or provider for
services provided by the health center. These Include money available under the state Medicaid
program, thn slate Children's Health insurance Program, private health Insurance or health benefit
plans, or irum those using the school-based hi center 4 able to pay for those services.
The Commissioner of HealP, shall establish procedures, based on rules, for awarding grants not to
exceed $250,000 per biennium. A district must provide matching funds which can include in-kind,
community or foundation grants, individual contributions, and local governmental agency operating
funds. Preference is given to dist Icis that are located In rural areas and have Iew properti wealth per
student. The grants will be awarded annually on A competitive basis.
The Commissioner of Health shall issue an annual report to the legislature about the efficacy of
services delivered by schott-based centers and any increased academic success of students at
campuses served by those centers, with special emphasis on increased asendance, decreased drop-
o rt rates, Imp•oved student health, and improved performance on student assessment Instruments
administered under Subchapter G. Chapter 39.
Chapter 38.012 TEC is amendod to require the local district's board of trustee, before expanding or
changing the health services available, to hold a puBc hearing and disclose rill information related to
services that will be provided, medical records availability, and grant funds.
Chapter 38 0095. TEC, is amended to insure parental access to medi a) records.
Change from current low: The Texas Department of Health has awarded grants for school-based
health centers previously, This bill changes the source of those funds and the amount to be awarded.
Action Required for the 19994000 School Year: None for TEA
Future Implications: No.
Outstanding issues:. No,
Does this create a new program? No.
Does this bill require a new report? Yes, by the Texas Department of Health.
Doe% this bill require that rules be adopted? Yes, by the Texas Department of Health.
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S13143 b- 151
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Education Code Impacted. 3.025 (a), 39.022; 39.023 (a), (b), (c), te), (1); 39,024 (b); 39 025 (a); r
39,027 (a), let, (1)', 39.051 (b). (d)
TEC Repealed 7.05° (33)(b); 39.023 (d)~ 01
Summary: SS 103 expands the statewide student lpsling program. 'rhe bill maintains the grade f
levels and subject areas currently tested with the following changes. Exit-level testing required for
high school graduation is moved from grace 10 to grade 11 and wili encompass English language
arts, mathematics, science, and social studies. The bill specifies certaln content on the grade 11 exit-
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level lest. The mathematics to be assessed will Include at least Algebra I and geometry with the aid
of technology. The English language ans test will Include at least English ill and writing. The social
studies assessment will include early American and U.S. History, and the science test will Include at
least biology and integrated chemistry and physics. The bill further specifies that the grade 11 test
measure mastery of minimum skills necessary for high school graduation and readiness to enroll In
higher education but does not require students to demonstrate readiness for higher education in order
to graduate.
At other grade levels, the bill requires assessment of English language ans, mathematics, sclence,
and social studies at grade 10; adds assessment of mathematics and reading to grade 9; moves
writing assessment from grade 8 to grade 7; eliminates testing of science at grade 8 and adds it to
grade 5, In mathematics, the bill mandates the use of technology on the mathematics tests at grades
8 through 10 where algebra is assessed. In addition, the bill eliminates and-of-course examinations in
Algebra I, Biology, English ll, and U.S. History or,ce the new assessments are in place.
Concerning assessment of limited English proficient students, the bill provides slatLtory authority for
Spanish version Insts in grades 3 through 6 and requires limited English proficient students whose
primary language is Spanish to take either the Spanlsh-version tests or the English-version tests. The
bill allows exemptions for limited English proficiency for students whose primary language Is other
than Spanish and for students who are recent unschooled Immigrants. SB103 adds to statute reading
proficiency tests in English for Iimited English profcienl students.
SO 103 makes several provislor s aMocting the accountability system. The bill adds to the Academic
Excellence Indicator System (AEIS) progress of students who have failed the statewide tests at
grades 3 through 10 and the exit level on subsequent test administrations, It alto requires that results
of the reading proficiency tests in English for non•TAAS takers be included in AEIS reports and the
comprehensive biennial report, The bill specifies certain cases for which students will not be
considered dropouts. in addition, the bill allows results of the Algebra I lest to be used In ratings for l
2000.2001 and 2001.2002,
SB 103 sets out time fines for the additions and changes to the assessment and accountability
systems. New assessments will be implemented no lalor than 2002.2003, with alternative special
education assessments at grades g and 10 Implemented by 2004.2005. Accountability ratings will
inctudo results on the new assessments by 2004.2005, with results on the alternative special
education assessments at grades 9 and 10 included by 2006.2007.
Change from Current Lew: The current student assessment program assesses reading and
mathematics at grades 3 through 8 and exit level; writing at grades 4, 8, and exit level; science and
social studies at grade 8; and specific content of high school courses in Algebra I, Biology, English 11
and U.S. History. The exit-level lest administered at grade 10 is a requirement for high school
graduation
SO 103 expands the student assessment program by adding tests and moving the exit-level test to
grade 11. SS 103 Is more specific on certain content to be assessed and on the use of technology for
mathematics tests. In addition, SO 103 provides statutory authority for Spanish•vemion lasts at
grades 3 through 6. which are currently administered, and for reading proficiency tests In English
which are currently under development.
Action Required for the 1499.2000 School Year: School districts and campuses should continue
to teach the essential knowledge and skills, which will remain the basis of the assessment program. k~
In addition, schools should continue to offer Intensive accelerated Instruction for those students who f
have not perlormed satisfactorily on statewide tests.
The agency will begin planning and preliminary development for implementation of the changes
required by S8103, State Board of Education rules regarding the administration of Spanhh-vsrston
tests and reading proficiency tests in English to limited English proficient students must be adopted,
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These rules are currently scheduled for first reading in July 1999, with second reading and final
{ adoption In September 1999.
Future Implications: Development of the new assessments will require Input from educators
across the state. Revamping tests In grade levels and subjects currently assessed to align them with
the new grade I1 exit-level test may also be required. Assistance from school districts and campuses
will be necessary for piloting and field testing new items, which are critical aspects of test
development,
outstanding Issues: Policy decisions must be made on the Implementation of SB103 and the
provisions of SB 4 pertalning to the elimination of social promotion. Issues Include field-test design,
content to be assessed, adequacy of preparation for the grade 11 exit-it vel test, test administration
schedule, a transition plan for the current assessment and accountability systems to accommodate
the chang. =,nd numerous other consideration,
Does this L. create a new program? SB 103 does not create a new program but makes
changes to Ills existing assessment and accountability systems.
Does this bill require a new report? Studies required by SB103 include a study (duo to
legislators December 1, 2006) of the effectiveness of the changes to code, Including evaluation of
minority student performance, comparison of performance to that on national assessments,
availability and utility of high school performance data, and effects on the dropout rate, Another study
(due December 1, 2000) mandated by the bill roqulres review of the need to add assessment In
fRnanlsh for limited English proficient students In grades 7 and 8.
Doos this bill require thtt rules be adopted? The SBOE Is required to adopt rules regarding the
administration of Spanish TAAS.
SS 4 b 8lvint
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Education Code Impacted: 28.0211, 39.0231, 39.024, 39.051, 39.052, 39,072, 39.073, 39.075, I
39.183 fl
Summary: As part of the student success initiative, SB 4 contatr-s provisions to eliminate social
promotion The bill stipulates that students in Grades 3, 5, and 8 who do not perform satislactorily on
certain state•requ 9d tests may not be promoted to the next grade. These lasts are the statawide
assessments in reading at grade 3, reading and mathematics at grade 5, and reading and
mathematics at grade 8.
SB 4 requires school districts to provide at least two additional opportunities to retest before the star
of the next school year for students who initialfy fail the specified tests. The bill also allows districts to
administer an alternate assessment instrument after students fail a second time. The alternate
assessment instruments must be approved by the commissioner, and the student may be promoted if
the student performs on grade level on the alternative test.
School districts are required to provide accelerated Instruction in the subject area failed after each lest
administration, SB 4 specifies that an accelerated Instruction group may not have a ratio of more IW%
10 students for each leacher. For a student who fails a second time, districts are required to establish
a grade placement committee for the student. The grade ptacemard committee consists of the /
principal or designee, the student's parent or guardian, and the leacher of the subject area failed by
t5e student SB b4 sets out the notification requirements that districts must follow regarding the grade
placement committee process and the promolioNretontion decisions. As part of those requirements.
districts must notify the parent or guardian of the time, place, and purpose of the commiftee. In
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addition, the district nwst notify the student's parent or guardian about the student's failure to pass tae
stipulated tests, the student's assignment to an accelerated Instructional program, and the possibility )
that the student may be retained In the same grade level,
SB 4 charges the grade placement committee with prescribing the accelerated Instruction that the
district will provide the student before the statewide assessment is administered a third time. If the
student fails at least three attempts, the student Is retained at the same grade level. The parent or
guardian may appear this retention to the student's grade placement xmmittee, which may decide to
promote the student if, under local board standards, it is likely the st,~dent will perform at grade level
given accelerated Instruction upon promotion, The final decisio,i of -a committee cannot be
appealed. The district is responsible for providing the accelerated Instruction established by the grade
placement committee regardless of the promotloru'relention declslon.
S8 4 provides that adreisslon, review, and dismissal (ARD) committees will determine the manner of
participation in accelerated instruction programs of special education students who do not perform
satisfactorily on one or more of the specified assessment Instruments or on the alternative special
education assessment, ARD committees will also make decisions about promolionlretention of these
special education students.
SB 4 will affect students who begin kindergarten In the fall of 1999 and are in grade 3 beginning with
the 2002.2003 school year, These students will take the t rado 5 assessments In 20044005 and the
grade 8 assessments In 2007.2008.
School districts will be responsible for providing transportation to accelerated Instruction programs
should those programs occur outside regular school hours.
SB 4 adds Indicators to the school accountability system that address the rqulrements of the student
success initiative such as the number of students provided accelerated Instruction, the number of
students promoted by grade placement committees, and subsequent performance on the state.
required tests.
Change from Current Law: SB 4 requires that certain state-mandated assessments be used to
trigger accelerated instruction and retest opportunities and mandates the formation of grade
placement committees to determine accelerated instruction and make promotiorvretention deciWns.
Action Requlred for the 1999.2000 School Year: School districts and campuses should continue
to teach the essential knowledge and skills, which will remain the basis of the assessment program,
In addition, schools should continue to offer Intensive acc,1arated instruction for thoao students who
have not performed satisfactorily on statewide tests,
1 he commissioner will begin planning for the development of rules to implement the student success
initiative.
Future Implications: With the multiple test administrations at grades 3, 5, and 8 additional test
items must be developed. Assistance from school districts and campuses will be necessary for
piloting and field testing new items, which are critical aspects of test development.
Outstanding Issues: Policy decisions must be made on the provisions of S134 pertaining to the
elimination of social promotion at both the state and local level,
Does this bill create a new program? S84 does not create a new program but mandates that r
results from the current assessment program be used for purposes not previously t:pecilied by the i
state.
Does this bill require a new report? The commissioner will report to the legislature not later than
Ncernber 1, 2000, on ewollment in accelerated programs and their quality and availability, including
teacher professional development,
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H82401 bV Chrletlan...,, y,
Education Code Impacted: §39.051(b) Education Code, Chapter 61, Education Code; and
Subchapter B, Title 4, Labor Code
Summary: Section f of the bill would establish an arrangement that builds on the foundations and
success of Tech Prep programs by encouraging students to form a firm employment relationship with
an employer while saving funds for postsecondary education. The bil! establishes voluntary workforce
training programs for secondary and postsecondary career and technology education students. The
training programs would Integrate secondary academic curriculum with prNale sector workplace
trainin'd and a postsecondary curriculum; place students In job Internships; lead to postsecondary
education and an associate's or bachelor's degree; reach new skills and Increase the wage-earning
potential of participants; and meet recognized or accepted Industry standards. Participating students
must be high school juniors or seniors, Programs must be certified by the Texas Education Agency.
Participating employers would have to pay students at least minimum wage, Hal of the participating
student's wages would be held In trust for the student's postsecondary education. Participating
employers would commit to paying a sum into the trust that Is equal to the amount contributed by the
student panic'panl. Students would work for the employers for al least two years following completion
of postsecondary education, or would repay the employer's contribution to the trust, plus interest.
Section 2 establishes state law concerning Tech Prep education. Much of the language mirrors that
of loderal law,
( Section 3 adds the postsecondary components of Tech Prep programs and the certified workforce
training programs established under Section 1 to the Academic Excellence Indicator System (TEO
§39.051(.
Change from current law: Section 1 most elements of the program are already allowable under
current law. The establishment of the trust fund Is a new concept under the law, Sectrort 2
establishes criteria for Tech Prep. Section 3.. establishes new elements in AEIS system.
Action Required forth* 1499.2000 School Year: Sections f and 2 the TEA and TWO should i
begin adopting rules to govern the program. Section 3 will reglilre the development of new
components for the AEIS system,
Future Implications: None.
Outstanding Issues: None.
Does this bill create a new program? Section f creates a new program.
Does this bill require a new report? No new state reports are required. Section 2of the
legislation requires annual reports by Tech-Prep consortia that are submilted locally,
Does this bill require that rules be adopted? The TWO and TEA must adopt rules for the
workforce education program.
3B 878 b Armbrlater
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Education Code impacted: Soci on 39.052, subsections (b) and (c)
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Summary: Adds average class size, by grade level and subject, to the School Report Card; adds
the words `class size" to the section requiring the commissioner to adopt rules for dissemination of the
school report cards to parents
Change from current law: The School Report Card is an annual campus-level report that currently
includes performance on the Academic Excellence Indicators (1) through (B) specified In TEC
§39.051. It is produced for each school by the agency and sent to school districts to be reproduced
and provided to parents and guardians of students in Texas public schools. As a result of this change
In stAlute, the report will now Include average class size by grade level and subject, which Is not an
AEIS indicator. The commissioner's rules for dissemination of the School Report Card should not
change as a result of this statute.
Action Required for the 1999.2000 School Year: A methodology for creating average class size
by grade level and subject from the PEIMS data currently being collected will need to be developed,
The adequacy of the PEIMS data In meeting the legislali a infant of "average class site by grade level
and subject" will need to be determined and changes to PEWS Date Standards might need to be
considered and implemented in the future. The School Report Card (SRC) will need to be redesigned
to accommodate the new data reporting requirement A descriptive definition of "average class $ize
by grade level and subject" will need to be developed for Inclusion in the SRC Glossary.
Future Implications: Possible changes to PEWS data collection. Increased costs of producing
the SRC due to its increased length.
Outstanding Issues: Aligning the available class size methodology with legislative Intent.
Does this bill create a new program? No.
Does this bill require a now report? No, it requires modifying and lengthening an existing report. )
Does this bill require that rules be adopted? Current commissioner rules regarding
dissemination of the SRC will need to be reviewed and possiblv edited to specifically Include the
words "class size," but it is not anticipated that the actual rules for distributing the SRC will change as
a result of this statute.
HIS 2307 b Keffer
Education Code Impacted: § 39.075(c) amended
Summary: this bill authorizes the commissioner to take action under Sections 39.131(a)(1)
through (8) rt the commissioner rotermines that the action Is necessary to Improve any aspect of a
district's performance. regardless of whether the commissioner lowers the district's accreditation
rating.
Change from current law: This bill allows the commissioner to impose sanctions on a school
without having to lower the schools accreditation rating.
Action Required for the 1999.2000 School Year The Agency may need to review and analyze ( i
'he sanctions imposed within the last five years to determine the ultimate Implications.
Future Imolirstlons: No.
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Outslandiriissues: No
Does this bill create a new program? N>. s r
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Does this bill require a new report? No.
Does this bill require that rules be adopted? Unknown.
SO 875 Bhh Iro
Education Code Impacted: Subchapter I, Chapter 39, Education Code, added
Summary: This bill adds a new subchapter on Fiscal Accountability. Section 39.201 as added by
the bill requires the commissioner to develop proposals for a school district accountability rating
system to be presented to the next legislature. The commis3ioner Is directed to develop the
proposals in consultation with the comptroller.
Change from current law: WA
Action Required for the 1999.2000 School Year,. No action is required of school districts In
response to this law.
Future Implications: The legislature will presumably consider financial accountability matters
during the next legislative session,
Outstanding Issues:
Does this bill create anew program? No,
Does this bill require a new report? No.
( Does this bill require that rules be adopted? No new rules will be adopted until further legislative
action takes place.
$B 4 by Blvins
Education Code Impacted: 41.002, 41.003, 41.0031, 41.004, 41.124, 42.002. 42.007, 42.101,
42.106, 42.152, 42158, 42251, 42 2511, 42,2512,42 2513. 42.2521. 42.2522, 42.253, 42.301,
42.302 42.303, 46.001.46.007, 46,009, 46.011, 46.031-46.035, 46.061, 21.402, 25,039, 30.102,
45." 04, 45.108 Education Code; 403.302. Government Code. 271.003, Local Government Code,
26.08, Tax Code;
Summary: The bill has the following major features
• increases the basic allotment to $2537, up from $2396
• Increases the guaranteed yield level to $24 99, but calls for the commissioner to adjust the
i level to account for a change In the calculation of weighted students. A portion of the Increase
in Tier 2 funding would be used to reduce tax rates for maintenance and operations.
• Separates debt service from the Chapter 42 state aid calculation, and provides a separate
guaranteed yield structure for old debt (In existence in 1998-99), The yield level is set to $35
per penny of tax effort per unweighted ADA for up to $012, f
C Increases thn equalized wealth level to $295,000, and indexes the equalized wealth level for
districts that are eligible for the hold harmless In Section 41,002(9),
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• Modifies the calculation of weighted students In property wealthy districts with respect to
transfer students. ( }
e Increases the minimum salary schedule by $3,000 at each step, and requires school districts
to award the increase In actual pay Also makes counselors and nurses subject to the
mnimum salary schedule,
• Provides for extending the salary transition from the current biennium in certain situations, bnd
authorizes a new transition amount if 60% of the gain In revenues Is Insufficient to cover
minimum salary Increases.
a Continues the additional state ar slstance for homestead exemption changes from the last
session, and authorizes recognition of half the local optional homestead exemption it sufficient
appropriations exist.
Sets the rollback increase above the base level to $0.03 In 1999.2000 and to $0.06 In 2000
01.
• Creates an expansion grant program for kindergarten and prekindergarten.
s Creates a gran) program for educational components In Head Start.
• Creates a grant program for basic skills for 9' grade students at-risk of not advancing to 10"'
grade.
o Creates the social promotion initiative.
Action Required for the 19994000 School Year Sclrool districts will need to make several
adjustments to tax rates and budgets under the new formulas. Districts will also be required to
comply with the salary schedule requirements.
Future Implications:
Outstanding Issues:
Does this bill create a new program? A new debt service v4val4alion program is created
Does this bill require a new report? There may be reports required In order for the agency to
ascertain certain information related to debt service and other provisions of the bill
Does this bill require that rules be adopted? New rule: will be needed for administration of the
debt service component, the new salary schedule requirements, the grant programs, and various
other comporents.
HO 2269 b Norl s
I Education code Impacted; Chapter 44, Education Code
Summary: Tois bill authorizes school dotricis to acquire school facilities or portions of facilities
outside normal procurement p ocedures wt on the facility is destroyed, severely damaged, of A~ <
experiences a major unforeseen operational or structural failure
y
Change from current law. Current law requires that all facilities be procured usln9 one of severa1 y
methrdPs described in Chapter 44, typically referred to as competitive bidding, 'a
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C Action Required for the 11999.2000 School Year. No action Is required by the bill, since the
language Is permissive,
Future implicatlons: No.
Outstanding Issues: No.
Does this bill create snow program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No
~HS 7tlnfV Ht~hb"si~`
Education code impacted: Section 44.004, amended
Tax code Impacted: Sections 2604, 26.05, amended
Summary: House Bill 2075 significantly expands requirements for public notice to taxpayers about
a school district's meeting to discuss the budget and proposed ta%t rate. Requirements for the public
notice are added to Section 44.004 TEC which will replace current language relating to increases In
tax rates in Section 28.06, Tax Code, School districts will implement a new methodology for
calculation of effective tax rates and wui cimply with new requirements specifying lnlormation to be
disclosed in the notice about the district's finances.
t Change from current low: Under current law, specific requirements do not exist for the content of
the public notice in a newspaper regarding the meeting of the board of trustees to adopt a budget.
Additionally, current law specifying the required notice to the public regarding property taxes Is found
in Section 26.06 Tax Code, which applies if a school district Increases property faxes. In connection
with the new requirements for a public notice about the adoption of property tax rates, the new
requlromenls will apply to all school districts whereas current law applies to an Increase In property
taxes,
Attlon Required for the 1999.2000 School Year: School districts will need to amend focal
policies and procedures prior to the public meeting to discuss a budget and tax rate for school year
99.00.
Future Implications: No.
Outstarding Issues: No.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? The commissioner shall adopt emergency rules
kpecifying a standard methodology for calculation amounts specified In various portions of the public
notice
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88 669 f Ratliff .
Education code Impacted: Sections 44.031, 44.032, 44.035, 44.036, 44.037, 44.038, 44.039,
44.041, amended; 44.0311, 44,0312 added
Summary: Senate Bill 669 deals with requirements for competitive procurement for school districts
and junior colleges.
Section 44.031:
Subsection (a) is amended to eliminate requests for proposals (competitive sealed proposals
remains an option) As an option for competitive procurement for construction services.
Subsection (d) Is amended to specifically state that the Board of Trustees may adopt rules and
procedures for acquisition of goods and services.
• Subse 'lion (f) Is amended to clarify which professional services that may be exempt from this
section when transactions involve local and state funding sources
Subsection (g) amends the process by which school districts advertise, open bids and/or
proposals.
a Subsection (h) is amended to include reference to emergency measures when damage has
occurred to school facilities and personal property. j
Section 44.0311 Is amended to make Subchapter B, Chapter 44, Texas Education Coda, applicable
to junior college districts, I
Section 44.0312 Is amended to specify how the board of trustees may delegate their authority
involving competitive procurement under this subchapter, adding additional requirements related to
notice.
Section 44.035 amends the process for the evaluation of bids and proposals for construction services,
adding additional requirements related to notice.
Section 44038 amends the contract process for facilities for using construction managers at risk,
adding additional requirements related to architects, and evaluation of bids and proposals.
Section 44,039 amends the process for selecting a contractor for construction services through
competitive sealed proposals, adding additional requirements related to the information announced at
the opening of proposals and additional requirements related to the valuation of proposals.
Section 44.041 amends the process for job order contracts for facilities construction or repair.
Change from current law The change Is to add requirements In the competitive procurement
process that explain the competitive bidding process more fully to vendors and provide evidence that
the process is conducted openly and fairly, providing maximum value to the district.
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Action Required for the 1999.200 School Year: School districts.nay need to make significant j.
modifications to local policies, procedure handbooks, checklists and/or other local documents In !
relation to competitive procurement processes. k A,
Future Implications No. C4`
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Outstanding Issues No.
Does this blil create a new program? No. `
Does this bill require a new report? No. t
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l Does this bill require that rules be adopted? No.
a x: HP 2021 WJonsk ,
Education code Impacted: Sections 44.031, 44.f 3, amended
Summary: HS 2021 amends competitive procurement requirements In Sections 44031 and 44.033
TEC for an independent school district that has an average daily attendance of 190,000 or more, The
amendment exempts campuses In such a school district from aggregating and jointly awarding
purchasing contracts for a district that has formally adopted a site-based docislon-making plan under
Subchapter F, Chapter 11, TEC. Such a district must adopt a policy that ensures that campus
purchases achieve the best value to the district.
Change from current law: Current law does not contain provisions exempting distrkte from
provisions relating to competitive procurement requirements In Sections 44.031 and 44.033, In
relation to the local policies for site-based decision-making,
Action Required for the 1999.2000 School Year: A school district that intends to implement
these now provisions will first need to amend its local policies, as necessary.
Future implications: No.
Outstanding Issues: No.
Does this bill create a new program? No.
( Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
Hd 697 b Flores
Education Code Impacted: Section 44042, Education Code
Summary: The bill requires that school districts give preference to agricultural products produced,
processed, or grown in Texas if equal In cost and quality. The preference also applies to vegetation
grown In Texas. School districts are prohibited from placing unnecessary restrictions on agricultural
products that would exclude Texas products. The bill also requires t',e Texas Education Agency to
determine the effectiveness of the new provisions
Change from Current Law, No,
Action Required for the 19992000 School Year: School districts would probably need to re-
examine purchasing procedures to assure that they comply with the new requirements.
Future lmpllcatlons: None.
Outstanding Issues: None.
Does this bill create a new program? No,
Does this Wit require a new report? There iney be reports required In order for the agency to I
C ascerialn the effectiveness of the new provisions.
Does this bill require that rufas be adopted? Ws
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HS 2492 bV,L*W1*, Rill
Education code Impacted: Section 44.901, amended
Summary: House Bill 2492 amends provisions Section 44.901 TEC relating to Energy conservation
measures, also known as "performance contracts" The maximum term for energy conservation
contracts Is increased from 10 to 15 years, if the contract is financed through lease/purchasing.
Additionally, a contract with the provider of energy conservation measures Is limited to 15 years.
Furthermore, financing options are extended to bonded indebtedness.
Change from current low: Current law does not contain provisions authorizing the use of bonded
indebtedness for energy conservation measures. Additionally, current law limits contracts for
lease/purchase financing of energy conservation measures to 10 years, furthermore, current taw
places no limit on the length of form for financing by the provider of energy conservation measures,
except for lease/purchase financing. ,
Action Required tot the 1999.2000 School Year: A school district that intends to Implement these
now provisions will first noted to amend its local policies, as necessary.
Future Implications: No.
Outstanding Issues: No.
Does this bill creates now program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
1 SB 1091 by t>uncan
Education code Impacted: Sect ens 45.001, 4510:!, amended; 45.0011, added;
Summary: Senate Bill No. 1091 provides additional options relating to financing arrangements for
teat and personal property. Provisions relating to financing arrangements in SS 1091 are as follows:
The purposes for bonded indebtedness authorized by Section 45,001 TEC are extended to the
purchase of buildings and to properly financed under provisions contained In Subchapter A,
Chapter 271, Local Government Code; w,
According to Section 45,0011 TEC, financing arrangements, wham Issuing bor jed Indebtedness,
available to school districts are extended to the types of financing arrangements authorized for
obi.gations and credit arrangements specified by Article 717q, Vernon's Texas Civil Statutes.
Article 717q authorizes various interest tale terms, including fixed, variable, floating, adjustable
interest rates The provisions apply to school districts that have at least 2,000 students In average.
daily attendance. Amounts financed under credit agreements are limited to $25 million under
certain provisions and are limited to no more than S50 million for other districts; and
The purposes for interest-bearing time warrants authorized by Section 45.003 TEC are extended
to the construction and purchase of school buildings. t
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Change from current law; Current law does not authorize the use of bonded Indebtedness to
purchase buildings and/or for certsln financing arrangements authorized in Subchapter A, Chapter
271, Local Government Code. Additionally, current law does not authorize variable rate Interest terms
for bonded Indebtedness, Also. Section 45.103 TEC In current law does not authorize use of Interest.
bearing time warrants for construction of buildings.
Action Required for the 1999.2000 School Year: A school district that intends to Implement
these new provisions will first need to amend Its local policies, as necessary.
Future Implications: No,
Outstanding Issues: Article 717q, Vernon's Texas Civil Statutes, as amended by House Bill 2685
(76th Lapis atura), contains a conflict in regard to eligible issuers, According to HO 2685 an eligible
issuer of debt containing provisions authorized in Article 717q is limited to en independent school
district that has an average dally attendance of 190,000 or more.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
581080 by Duncan
Educatlon Code Impacted: 45.112, Educatiun Code.
Summary: This bill authorizes school districts to enter into longer term investment contacts for the
deposit of debt service taxes. The bill provides for bidding and contracting procedures.
Change from current laws Current law requires contracts for investment of taxes to be short term
contracts,
Action Required for the 1999.2000 School Year; No action is required by the bill, since the
la 1yuage is permissive. !
Outstanding Issues: None.
Does this bill create a new program? No.
l Does this bill require a new report? No.
't 1 Does this bill require that rules ba adopted? No,
HS 2011 b Cuellar
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Education Code Impacted: §51,306(w) '
Summary: The original TASP legislation was passed in 1087 and has been periodically revised. (J'r
The TASP provicIPS Information about the skills of students entering Texas public colleges and
universities. The TASP consists of reading. writing and math tests. advisement and placement, and
developmental education for students who do not pass one or more sections of the fast. It Is
administered by the Texas Higher Education Coordinating Board (THECS), Studr•^'s in high school
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may take the TASP aftep the passing the TAAS exit-level exam or may score high enough on the exit.
level TAAS, ACT or SAT to be exempt from the TASP. ( ?
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Change from Current Law: Financial support for eligible high school students to take the TASP Is
available based on funds appropriated for that purpose. The amendments provide for priority funding
for those students shown to be financially needy under criteria established by the THEM The
amendments also allow a student to authorize the release of the TASP test scores specifically to a
school administrator. Test scores are currently reported only to the student and the student's parents
unless authorized by ;ne student.
Action Required for the 1999.2000 School Year: The THEM establishes criteria for'financially
needy' students.
The TEA and the THEM provide a mechanism for the payment of the cost of the test and provide
information to students and families about availability of funds. Forms may need to be changed to
ailow the student to authorize the release of test scores to school administrators.
Future Implications: None
Outstar,dinp 1;s:: s: None.
Does this bill create a new progr.-nn.7" No, however, criteria will need to be developed to define
'financially needy' students and a mechanism put In place to lund the TASP lest for those students
defined by the criteria.
Does this bill require a new report? No, although the funding mechanisms and teats funded may
need to be added to any current THEM TASP reports.
Does this bill require that rules be adopted? No.
{
r 1148 713 by OjoHlar
Education Code Impacted Sections 66 301.311, Chapter 54.5021 and 56,039, 61.0776, 11252,
21.004. 21.501.21.504, 61,0514, 54.219, 34.214.216 and Section 56
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Summary and Changes In the Current Law: The primary purpose of this legislation Is fj create
two new scholarship.'grants programs the Toward Excellence, Access and Success (TEXAS) and
Teach for Texas Grants Programs. The Texas Higher Education Coordinating Board Is to establish
rules and administer these programs that enable students In economic need to receive the TEXAS
scholarships which enable low-income students who have completed either the recommended or
distinguished achie, ament grr:nation programs to attend college. Scholarship awards are
established at the average statewide amount of tuition and required lees of a state four-year
institution, a technical institute, or a community college, depending nit what type of Institution a
student intends to attend Students must enroll In at least three•quarlofs of a full course load for an
undergraduate student and must maintain a 2.5 GPA. The Coordinating Board also must establish
rules allowing persons to lake less than a three-quarter load based on hardship. The Teach for Texas
Grants are available to either persons who have a TEXAS grant as well as for those who meet all of
the requirements of the TEXAS grant except the financial aid requirements of that program. These
grants are designed to attract persons to the teaching profession In spec fic need areas or to areas of
the state in need of teachers. Persons who receive the Teach for Texas Grants receive double the ( j
amount of funding allocated to TEXAS grantees, but must also agree to teach lot not less than five
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years in an area designated as a critical need field or in a community experiencing a critical teacher
shortage. The entire amount of the grant is waived if the person fulfills this teaching requirement.
Teach for Texas grants also are available for Individuals seeking alternative certification. Finally, the
legislation also established the Center !or Financial Aid Information, which is required to provide
information on this program, on other sources of financial aid, and on the Importance of teaching as a
profession.
The legislation impacts public education in the following manner.
s Each school district must certify whether or not it offers all the necessary courses to complete
either the recommended or advanced high school curriculum, The commissioner of education
must provide the Coordinating Board a list of all those schools that do not offer those courses by ,
March t of each year. j
Each school district must notify its middle school/junior high school students, high school
students, their parents, teachers, and counselors about the TEXAS grant and Teach for Texas
grant programs and of the need for students to make Informed curriculum choices so that they
may be prepared for success beyond high school. Written information about these programs will
be sent to each middle/juniormigh school counselor by the Center for Financial Aid Information,
• Student transcripts must indicate whether or not students have completed or are scheduled to
complete either the recommended or advanced high school curriculum not later than the end of
the studunl's junior year.
Each district improvement plan must Include strategies for providing Information about
financial aid, higher education admissions and the TEXAS and Teach for Texas grants to
middle/juniormigh school students, their parents, teachers, and counselors.
The commissioner, in cooperation with the commissioner , nigher education and the
executive director of SbM shall annually identify critical needs subject areas and geographic
regions, and give priority to recruitment programs that focus on those areas.
The commissioner of education shall submit to the Coordinating Board a list of all public high
schools that do not offer all courses necessary for students to complete the recommended and
advanced high school graduation programs,
Trio Texas Education Agency, in coordination with the State Board of Educator Certiflcatior
and the Texas Higher Education Coordinating Board shall develop teacher recruitment programs
that identify talented students and recruit them to the profession. They also shall develop and
distribute materials that emphasize the importance of the teaching profession.
The Tcxas Education Agency cooperates with the Coordinating Board In the establishment of
the Center for Financial Aid Information that is created by the legislation,
The Texas Higher Education Coordinating Board, in conjunction with the commissioner of
education shall conduct a study relating how students who completed the recommended or
advanced high school curriculum perlormod in institutions of higher education. The study shall
include the number of schools that offered the recommended or advanced high school programs,
the types and number of students who completed the two prograi,;;, and the effect, if any, of the
methods used by a school to deliver the curriculum.
Action Required for the 1999.2000 School Year: High schools will have to certify whether or not
they offer the recommended and advanced high school graduation program,
C Rules will have to be adopted by the stale board of education requiring districts to include strategies
for providing information to middle/junior/high school students, their parents, teachers, and counselors
above the TEXAS and Teach for Texas Programs,
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Modifications will have to be made on the student transcript so that districts will be able to indicate
whether or not a student will complete the recommended or advanced high school programs. ( )
Future Implications: The legislation Is intended to provide greater access to college by students In
financia! need. By requiring that students must complete the recommended or advanced high school
program to qualify for the grants, the legislation should lead to Increases in the percentage of students
who complele these programs and are better prepared for college. There may be some additional
training required for teachers and counselors to assure that they are knowledgeable about the two
grant programs.
Outstanding Issues: None.
Does this bill create a new program? Yes, administered by the Texas Higher Education
Coordinating Board.
Does this bill require a new report? Yes. primary responsibility for developing the study rests
with the Texas Higher Education Coordinating Board,
Does this bill require that rules be adopted? Yes, for the district improvement plan,
H8 28M b ' 1361tia
Education Code Impacted: Subchapter C, Chapter 105 is amended by adding Section 105.51.
Summary: The law authorizes the board of regents of the University of North Texas to establish a
mentoring program at the university to provide mentorinn, tutoring, and other resources to students at
all levels of the educational system in the area primarily served by the university. The services are to
target students defined by Section 29.081 (Compensatory and Accelerated instruction) or who are
otherwise In need of services to assist them in attaining certain goals.
Change from Current Law: This Is an addition to current law.
Action Required for the 1999.2000 School Year: No actions specifically required for 99.00.
The legislation Is permissive in allowing the University of North Texas to establish the program.
Future Implications: Other universities may wish to establish similar programs.
Outstanding Issues: None.
Does this bill create a new program? Yes.
Does this bill require a new report? Yes, for the University of North Texas. The board shall
establish a continuing study and evaluation of menioring activities and research Into the best practices
and methods of mentoring. Not later than January 1, 2001 the board must prepare a report relating to
the operation of the program, The report must IP.r:ude a description of the program, information
relating to students served, an analysis of the effects of the program on student performance, drop-
out rates, school attendance, grades, performance on assessment tests, graduation rates, and ontry
into higher education, The report must also Include the costs of the program, the sources of funds
used to support the program and recommendations for continuing of changing the program. r r
Does this bill require that rules be adopted? No. 3 (1 \ r.
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~ SB 1028 6y blroarn Buster
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Education Code Impacted: Adds Sections 111.86 and 111.67 to Subchapter Chapter 111.
Summary: The law provides for school districts, junior colleges, and senior colleges or universities
to work cooperatively with the Lyndon B. Johnson Space Center and allow enrolled students 1? work
at the Center on a part-time basis during the school year or on a part-time or full-time basis during
school holidays or vacations. The Center places students, supervises, and evaluates the student's
work and ensures that the student performs work related to the study of science, mathematics, or
engineering. The school district, in cooperation with the State Board of Education, shall determine the
number, if any, and type of credits toward high school graduation the student may be given for
participation In the program. The student participating Is considered In school attendance while
working at the Center during regular school hours.
Change from Current Law: This is an addition to law.
Action Required for the 1999.2000 School Year: No action is required •,ar 99.00 school year, i
The legislation Is permissive.
Future Implications: The legislation requires the school district from which a student participates
in the program to work In cooperation with the State Board of Education to determine d any credit will
be given for the work experience toward high school graduation.
Outstanding Issues: A process for districts and the Slate Board of Education to use to determine
the number, if any, and type of credits toward high school graduation students may be given for
participation in the program will need to be developed.
Does this bill create a new program? Yes.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
SS 1352 b Berriento,
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Education Code Impacted: Section 130.008
Summary: The law enables school districts and public junior colleges to offer courses for course
credit toward graduation to students in the public School district,
Change from Current Law: Previous law stated that students could receive course credit for
courses that were used toward the student's high school graduation academic requirements. The
amended law now enables students to receive credit for a course whether or not It will be used toward
graduation requirements.
Action Required for the 1999-2000 School Year; None.
Future implications: Students may have a wider range of community college courses available to (/r
Them for high school credit, However, the legislation does not require districts to offer or expand
C concurrent enrollment courses.
Outstanding Issues: None.
Does this bill create a now program? No.
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Does this bill require a new report? No,
Does this bill require that rules be adopted? No. l
HB,1542 b :Keffer, s"
Education code impacted: Section 130.010, Education Code, added; Section 271.023, Local
government code amended
Summary: HB 1542 would make the provisions of the Education Code relating to the purchase of
goods and services under contract by a school district applicable to a junior college.
Additionally, HB 1542 states that to the extent of any conflict, the provisions in Subchapter B, Chapter
44, Education Code, relating to the purchase of goods and services prevail over provisions In
Subchapter B, Chapter 271, Local Government Code.
Change from current low: Current law Is ambiguous in relation to the applicability of Subchapter
B, Chapter 44 TEC to junior college districts. Current law is also ambiguous In relation 10 conflicts
between Subchapter B, Chapter 271, LGC, and Subchapter B, Chapter 44 TEC. In connection with
competitive bidding requirements for building projects In school districts.
Action Required for the 1999-2000 School Year: School district and junior college districts will
need to amend local policies and procedures, as necessary, to ensure compliance with competitive
procurement requirements.
Future Implications: No.
Outstanding Issues: Current statutes in the Higher Education portion of the Education Code will
need to be reviewed and explained in connection with provislont that may appear to contllct witn
provisions In Subchapter B. Chapter 44 TEC.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB 2 b Swint6rd
Code Impacted: Title 1 of the Agriculture Code,
Summary: The bill recognizes the Importance of the agriculture Industry to Texas and establishes
16 factors that must be considered and addressed by Texas agricultural policy. Factor (8) Is
research and education efforts, Including financial risk management and consumer education and
education in the public schools.' Section 3 of the bill (current law) requires the legislature 10 conduct t
a comprehensive study of the condition of agriculture, agrkultural programs, and the role of the state % r r
in preserving the agricultural Industry. The bill does not require the TEA to participate In the report. t
Change from current law: Does not change education law; dafines state agricultural policy under
the Agriculture Code
Action Required for the 1999.2000 School Year Unknown,
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Future Implications: Unknown.
Outstanding Issues: it is not clear how the policy will affect the consumer education and
agriculture education aspects of the public education system. There could be implications for Home
Economics and Agricultural Science curriculum, if the Agriculture Department feels that the policy
requires it to Influence these areas of public education.
Does this bill create a new program? No.
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Does this bill require a new report? No.
Does this bill require that rules be adopted? No. Unless the Department of Agriculture
determines that rules are necessary in order to Implement the policies.
HS 2631 b Tut wr, S wester
Code Impacted: Title 3 of the Agriculture Code,
Summary: Creates grants of up to $2,500 that will be awarded to elementary schools In large
urban school districts for the purpose of establishing demonstration agricultural projects. The grant
program will be overseen by the Department of Agriculture. The Department of Agriculture will
develop rules for the program.
Change from current low: The Texas Education Cole Is no, affected.
Action Required for the 1999.2000 School Year: A .tion by the Texas Education Agency is not
( required: however, it is possib's that the Department of AgrL,vllurs might seek assistance from the
TEA.
Future Implications. Unknown.
Outstanding Issues: Rules, guidelines, and the program application must be developed.
Does this bill create a new program? Yes.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Yes. but not by the Texas Education Agency.
SS 138 b Sibley
Code Impacted: Adds Chapter 110 to the Civil Practices and Remedies Code.
Summary: This bit] prohibits a government agency (the state of a political subdivision) from placing
a substantial burden on a person' free exercise of religion unless it is done to further a compelling
governmental interest and Is the least restrictive means of doing so. The prohibition applies to a state
statute, an ordinance, rule, order, decision, practice, or other exercise of governmental authority, or r~
the grant or denial of a government benefit to an Individual. An Individual may assert a violation of the f.
prohibition as a defense In a judicial or administrative proceeding. The statute requires 60 days notice J
before seeking declaratory or Injunction relief, damages, or other componsation. Tho governmental
agency may cure the violation after receipt of the notice.
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Change from current law: The current standard regarding the burden of governmental actions on
the free exercise of religion is whether there is a rational basis for the action rather than whether there }
is a compelling interest.
Action Required for the 1999.2000 School Year: Consider whether changes or additions to
policy are needed or advisable to accommodate the new provisions, Including the Mclay notice
requirement.
Future Implications: Potential for litigation,
Outstanding issues: The effect on current state statutes and rules and on local policies.
Does this create a new program? No.
Does this require a new report? No.
Does this bill require that rules be adopted? No.
M8 iM b Tf1d on
Education code impacted: Article 45.54, Code of Criminal Procedure and repeals Sections
543.702.543.110, Transportation Code.
Summary: This bill amends how municipal and justice courts will be allowed to defer adjudication
of guilt in cases involving misdemeanors punishable by fine only and payment of all court costs. This
Includes deferral of certain traffic offenses. This will require all persons who have a deferral to take a
driving safety course for the first offense In which they are convicted, other than speeding 25 miles per
hour over the posted speed limit. This bill requires that the courts notify the Department of Public
Safety (DPS) when traffic violations are deferred under this code so the Information can be placed on
the individual driving record for use in determining whether the Individual has completed an approved
driving safety course for previous violations. This bill is effective September 1, 1999.
Change from current law: Current law has provisions for dismissal of traffic citations in two
separate statutes. This bill restructures the law to have only one statutory authority for deferring traffic
citations. Currently, ~\nicle 45.54 speaks to deferral of many types of violations, with traffic violations
included as part of a group. This bill separates the statutory authority for deferral of traffic citations
from other types of deferrals,
Action Required for the 19992000 SchW Year: None.
Future Implications: More people a : expected to take driving safety because of this logislation•
Therefore, the agency will provhe more services in regard to licensing and regulating the drIving
safety program, Further, since droving records will contain Information about all traffic violations that
have been deferred, the agency may be able to collect beller information to determine effectiveness
of driving safety courses.
O~Sslanding Issues: None,
Does this bill create a new program? No.
Does this bill require a new report? No. e
Does this bill require that rules be adopted? No.
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t SB 1674 6V West, Ad 66
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Code Impacted: Title 5, Family Code, and Human Resource Code
Summary: This bill consolidates three programs into the Department of Protective and Regulatory
Services (DPRS) agency:
the "Parents as Teachers" program, currently operated by the Texas Department of Mental Health
and Mental Retardation (T%MHMR);
the 'Buffalo Soldier Heritage" Program, currently operated by the Texas Juvenile Probation
Comml;,,'on (TJPC);
a and the "Communities in Schools" program currently operated by the Texas Workforce
Commission (TWC) and funded through the Texas Education Agency.
Currently, TEA transfers approximately $12.8 million dollars (and additional $3 million in Temporary
Assistance to Needy Families-TANF) to the Texas Workforce Commission to operate the
Communities in Schools program. Beginning September 1, `1999 these funds will be transferred DPRS, The specific office to administer this program will be the Office of Prevention
and Early
Intervention Services.
Action Required far t`.e 1999.2000 School Year: In addition to the fund transfer, a Memorandum
of Understanding (MOU) will need to be developed between the agency and DPRS. (There Is
currently a MOU In place between the agency and the TWC. This MOU will expire on August 31,
1999). The MOU will need to address the role of the agency In obtaining Information from
participating school districts, and the role of DPRS in encouraging local business participation, the
use of federal or state funds that are or might become available to the CIS program, and other areas
that need to be clarified The agency and DPRS will need to adopt rules to Implement the MOU.
Future Implications: More students will be eligible to be served by the CIS program because of
the added language to serve students who are eligible to receive free or reduced lunch, or who are in
family conflict or crisis. "
Outstanding Issues: None,
Does this bill create a new program? There will be a new division within the Department of
Protective and Regulatory Services known as the Office of Prevention and Early Intervention,
Does this bill require a new report? No,
Does this bill require that rules be adopted? Yes. The memorandum of understanding, once it
is finalized, will need to be adopted Into Commissioner Rules for implementation purposes.
~B ssso by Mttixey
Code Impaclad: Sub.:hapler E, Chapter 823, Government Coda.
Summary: Allows certified career and technology education teachers to apply workplace experience
C in a career and technology field toward service credit in the Teacher Retirement System.
Change from current law: Current law allows service credit to be earned In the Teacher Retirement
System for military service, out-of-state service, developmental leave. and service previously waived.
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Action Required for the 1999.2000 School Year: No action is apparently regcrred by the Texas
Education Agency. ( }
Future Implications: Career and 1 ethnology teachers may ask Agency staff for assistance in
interpreting the law. The legislation could encourage some career and technology teachers to stay In
the teaching profession and could entice some prospective teachers to enter the teaching profession,
Outstanding Issues: None.
Does this create a new program? No,
Does this require a new report? No.
Does it require that rules be adopted? Not by the Texas Education Agency.
HB 2105 by Cape[o .
Code Impacted: Amends £ection 2001,038, Government Code
Summary: This new provis on allows a Travis County district court to transfer a petition for
declaratory judgment contesting an agency rule or a petition for judicial review of a contested case to
the SO Courl of Appeals to expedite a decision from the appellate court, The district court and the
Court of Appeals must agree that the transfer Is In the public interest and that the case would
ordinarily be appealed. The transfer may be on the motion of the district court or on the motion of any
party. The court of appeals may direct the district court to conduct necessary evidentiary hearings in
connection with the action. This change applies to a petition for judicial review of a decision In an
appeal to the commissioner of edu :ation brought under Section 7.057 of the Education Code.
Change from current law: Currently, the appellate courtwould not heat the case until after the
district court had Wared a judgment and that judgment was appealed by one of the parties.
Action Required for the 1999.2000 School Year: None,
Future implications: May result in faster resolution of some actions for declaratory judgment or
petitions for review in administrative law cases.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
SB 211 IM ncen
Code Impacted: Amends Section 2001.142(c), Government Code, A. ` r
Summary: This bill changes the date a party Is presumed to have been notified of a decision in an
administrative hearing to the third day after the date of mailing Deadlines for motions for rehearing
are computed from this date. This change applies to decisions in appeals to the commissioner of z
education that are brought under Section 7,057 of the Education Code. ,
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Change from current law: Currently, the presumed date of notification Is the date of mailing,
Action Required for the 1999.2000 School Year: None.
Future Implications: None, I
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a now report? No.
Does this bill require that rules be adopted? No.
HB 16113 by'Jtlnell ,
Code Impact: Chapter 403, Government Code, Chapter 106, Health and Safety Code;
Summary: The State of Texas settled with the tobacco Industry and the industry agreed to pay the
State $17.275 Billion over 25 years. HI31676 creates a permanent fund for tobacco oducatlon and
enforcement ($200 million), a permanent fund for children and public health ($100 million), a
permanent fund for emergency medical services and trauma care ($100 million), a permanent fund for
rural health facility capital improvement ($50 million), and a community hospital capital Improvement
fund ($25 million). The interest of of these funds will be the avail&e funding for each year. It is
estimated that the $200 million permanent fund for tobacco education and enforcement will generate
an estimated $11.2 million annually. The earnings of the fund may be appropriated to the Texas
Department of Health (TDH) for programs to reduce the use of cigarettes and tobacco products in this
state. TDH will be allowed to award grants to community organizations and public institutions
including school districts.
Change from current law: No change In Education Code. There are changes for TDH to
implement required by amendments to the Government Code, and the Health and Safety Code.
Action Required for the 19992000 School Ysar: None. However, school districts and education
service centers will be notified when Request for Proposals or other grant mechanisms or available.
Future Implications: None.
Outstanding Issues; None
Does this bill create a new program? It will increase programs at TDH,
Does this bill require a new report? No.
Does this bill require that rules be adopted? No. However, TDH may have to adopt new rules to
govern the implementation of the grant procedures.
HS 2553 by Hochberg
Code Impacted: Section 403.020, Government Code, amended.
Summary: House Bill No. 2553 provides for performance reviews of school districts by the Office
\ of tho Comptroller.
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► A performance review of a school district may be Initiated either by the Office of the Comptroller or
upon request by a school district. t
► If the review is requested by a school district. the district is required to pay 25% of the cost
incurred in conducting the review.
► The Ollice of the Comptroller Is required to file a report on each review which Is to be dispersed to
the school district, the governor, the lieutenant governor, speaker of the house, the chairs of the
standing committees of the Senate and House with jurisdiction over public education and the
commissioner of education.
► The entire report and a summary of the report shall be made available on the Internet to the
public.
Change from current law Under current law the Texas Comptroller of Public Accounts Is not
authorized to charge school districts a fee for conducting a performance review.
A-.t1on Requlred for the 1999.2000 School Year: No.
Future Implications No.
Outstanding Issues No.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HIS 136! w6littfi
Code Impacted: Section 551.001, 551.075, 551.144, Government Code.
Summary: Undor this bill, meetings in which most govenrm:..,al bodios, Including school boards.
receive Information ftom employees or question employees are not excepted from the requirement for
meetings to be open to the public.
Also, this bill creates an affirmative defense to prosecution for participating in an unauthorized closed
meeting if a member of a governmental body acted in reasonable reliance on a court order or an
opinion of a court of record, the attorney general, or the attorney for the governmerial body.
Change from current law: Currently, there is an exception in the open meetings law that allows a
governmental body to recmve information from employees or question employees in a closed meeting
as long as the governmental body does not deliberate public business or agency policy affecting t
public business in the closed meeting With this change, such meetings are not excepted from the
open meetings requirement unless another exception permitting a closed meeting applies.
Currently, there are no affirmative defenses to prosecution created specifically for the offense of
participating in an unauthorized closed meeting.
Action Required for the 1999.2000 School Year: A school district must hold staff briefings in P ' e
open meeting unless another exception In the open meetings law permits a closed meeting.
Future Implications: No additional future implications:
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Outstanding Issues: None,
Does this bill create a new program? No. ,
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Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
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Code Impacted: 551.128, Government Code
Summary: This bill authorizes a governmentat body, including local governments, to broadcast an
open meeting over the Internet subject to certain requirements. The governmental body shall
establish an Internet site and provide access to the broadcast from this site. Not;ce of the meeting
shall be provided on the Internet site as required under Subchapter C, of this Chapter and must be
posted within the time required for posting a notice.
Change from current law: This is a new provision.
Action Required for the 1999.2000 School Year: No.
Future Implications: No,
Outstanding Issues: No.
Does this bill create a new program? No.
Does this bilk require a new report? No.
Does this bill require that rules be adopted? No.
SIRI851'b Wentvlrorth
Code Impacted: Chapter 552, Public Information Chapter, Government Code,
Summary: This bill is a comprehensive rewrite of the Public Information chapter. It will require the
agency, school districts, and open enrollment charters to adopt new procedures for complying with
the chapter.
Change frorn current law: The changes include amendments to the exceptions related to
litigation, to commercial and financial Information, and to audit working papers, The bill adds
exceptions related to economic development Information and to crime victim information.
The bill creates a now requirement to display a sign with Inlormatlon about the rights of a requester,
the responsibilities of a governmental body, and the procedures for inspecting or obtaining a copy of
pubtic Information. The bill also adds new provisions relating to repetitious or redundant requests and
makes changes and additions related to charges allowed under the act.
The bill makes changes relating to requesting an opinion from the attorney general and to the appeal
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of such a decision. There are also changes and addiions relating to enforcement of the chapter, At
including a new section relating to a declaratory judgmonl or injunctive rellvI.
C The bill also adds an exception to the Open Meetings chapter in the Government Code rotating to
deliberation regarding economic development negotiations. There are also changes relating to slate
reporting requirements and state Implementation of the chapter.
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Action Required for the 1999.2000 School Year; Establishing new procedures to comply with the
changes to the Public Information Chapter in the Government Code.
Future Implications: No additional Implications.
Outstanding Issues: Thn Legislative Budget Board Is requlred to design reporting requirements
for the new report that state governmental bodies are required to make to the board.
The General Services Commission is required to prescribe the form of the sign that each officer for
public Information is must display addressing the rights of a requester, the responsibilities of a
governmental body, and the procedures for inspecting or obtaining a copy of public Information.
Does this create a new program? No.
Does this require a new report? It requires a new report from state governmental bodies to the
Legislative Budget Board, It also requires the newly created Open Records Steering Committee to
report its finding and recommendations regarding public inlormation on the Internet or other electronic
format to the governor, presiding officer of each house, and budget committee and state affairs
committee of each house. Modifics timelines to other reports currently required at the state level.
Does this bill require that rules be adopted? The General Services Commission is required to
adopt rules relating to charges for providing public information for inspection.
HS 031 b MA
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Code lmpacled; Section 33.024.33.020, 33.027, Human Resources Cod)
Summary: The bill directs the Oepartment of Human Services to develop and Implement an
outreach program for the summer food service program, which is operated by a number of school
districts around the state. The program should encourage school districts and other eligible providers
to develop surnmer programs that combine educational activities with the provision of meals.
Change from Current Lew'. Currently, DHS Is not directed to have this type of an outreach
program.
Action Required for the 1999.2000 School Year: No actions are required by school districts.
Future Implications: None,
Outstanding Issues: None.
Does this bill create a new program? No,
Does this bill require a new report? No.
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Does this bill require that rules be adopted? No.
H8 2170 by Narlshta!
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Code Impacted: Chapter 46.102, Human Resources Code ~w
Summary: The bill requires the Department Protective and Regulatory Services to send a written ,
report of the department's investigation of alleged abuse, ,.,)glect or exploitation of a disabled adult al
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` a school, The report is to be sent to the Texas Education Agency, the State Board of Educator
Certification, the local school board, and principal or director. The bill requires these entities to take i
appropriate action upon receipt of the report.
Change from Current Law'. Human Resource Code, Chapter 48-No change to Tex. Education
Code,
Action Rejulred for the 1999.2000 School Year: The agency and local school districts will need
to take appropriate action when these reports are received.
Future Implications: None.
Outstanding Issues: None,
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB 1503 by Gray` -77
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Code Impacted. 73 002, Human Resource Code
Summary: This bill would continue the Interagency council on Early Childhood Intervention (ECI).
Change fro n current law: No.
Action Required for the 1999.2000 School Year: None,
Future Implications: No.
Outstanding Issues: No.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
$01620 b Mardle
Code Impacted: Section 272.004, Local Government Code, amended
Summary: Senate Bill NLN. 1520 amends Section 272,004 Local Government Code dealing with the
transfers of property by certain political subdivisions.
A political subdivision may sell, lease as a lessee or lessor, or otherwise transfer property In the same
manner as allowed under Sections 452,108 (d) and (e) of the Transportation Code. i'
A sale, loase, or other transfer of property under Section 272.004 must be approved by a majority of
the voters in the political subd;vision if it Involves a levy of a lax in an amount sufficient to make
C payments due under the agreement and Is executed on or after September 1, 1999.
Change from current law: Current law does not authorize political subdivisions to enter into the
transfer of real property like a regional transportation authority.
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Action Required for the 1999.2000 School Year: A school district that Intends to implement these
new provisions will first need to amend its local policies, as necessary,
Future Implications: No.
Outstanding Issues: It is unclear whether school districts are defined as an issuer lender Section
272004. Local Government Code,
Does this bill create a new program? No,
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
NB 928 b, Garda 1;.;A;y
Code Impacted: Amends Section 37.10(d) of the Penal Code,
Summary: This bill increases the classification of the offense of tampering with a governmental
record to a third degree folony if the record Is a public school record or report or an assessment
instrument under Chapter 39 of the Education Code.
Change from current low: The current classification Is a Class A misdemeanor.
Action Required for the 1999.2000 School Year: None.
future Implications: No additional future Implications:
Outstanding Issues: None,
Does thts bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
SB 114 by Gallipo=
Education code Impacted: Subdivision (2), Section 49.01, Penal Code.
Summary: The bill changes the definition of "intoxicated" from a blood alcohol concentration of
0.10 or more to 0.08 or more. This change will have an impact on information provided In driver
education and driving safety instruction because the laws pertaining to driving while Intoxicated are
required content in both programs. This change Is effective September 1, 1999.
Change from current law: The bill changes the definition of "intoxicated" from a blood alcohol
concentration of 0,10 or more to 0.08 or more.
Action Required for the 1999.2000 School Year Public schools that offer a driver education r
program will need to be made aware of this change.
Future Implications: This information will need to be distributed to all Instructors who provide
driver education or driving safely Instruction in the state.
Outstanding Issues. None.
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Does this bill require a new report? No.
Does this bits require that rules be adopted? No. I
HB 2890'b fthhen
Code Impacted: Section 76,001 8 76.002, Property Code
Summary: This bill amends the Unclaimed Property Code and expands the applicability of the
abandoned property law to Include school districts. Under the Property Code, school districts would
be required to follow certain procedures for reporting and disposing of abandoned property.
Change from Current Law: Under current law school districts are not required to provide public
notice regarding abandoned property, these procedures appear to apply only to municipalities and
counties.
Action Required for the 1999.201)0 School Year: The change is law applies only to property held
on or after June 30, 2000.
Future Implications: None.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? It requires certain reports by the holders of unclaimed or
abandoned property, and has publication requirements related to the disposition of the property.
Does this Of require that rules be adopted? No.
SB 4804 b Barrlentos
Code Impacted: Section 26.04, Tax Code
Summary: This bill changes the rollback tax rate calculation to reflect the impact of transferring all
or parts of departmonts, functions, or ectivities to other taxing jurisdictions, When two taxing
jurisdictions agree by written contract to transfer certain operations, the rollback rate of the jurisdiction
giving up the function would be reduced by the cost of the operation, and the jurisdiction rccelving the
function would have its rollback rate increased. There are also notice and publication changes related
to the adjustment,
Change from current law: Under current law, there is a similar provision that appears to relate to
the complete transfer rather than the partial transfer or departments, funclionu, or actlvilios, r
Action Required for the 19992000 School Year: No actions are required unless school districts ,
choose to transfer functions Since school districts have a separate rollback calculation in Section
26.06, Tax Code, it is unclear whether this change would have ary significant effect on that
calculation.
\ The change in law applies beg+nning with the 19992000 school year, and presumably the 2000 tax
year. The provisions added by the bill expire on January 1, 2001.
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Future Implications: No.
Outstanding Issues: No. t
Does this bill create anew program? No,
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB 51 by Cuellar
Code Impacted: Chapter 31, Tax Code
Summary: This bill authorizes school districts to offer certain property tax credits for services
rendered by individuals to the district, School districts would be authorized to offer property tax
credits to individuals over age 65 who enter a contract to perform services for the district, with the
credit amount calculated on the basis of t' A federal minimum wage. The district can limit the amount
of the credit any Individual can earn. Districts would also be authorized to give property tax credits to
individuals. without age restriction, who teach for the district. L astly, districts would be authorized to
give tax credits to businesses for teaching services rendered by employees of the business, This
credit is limited to no more than $500 for each semester course taught by the employee.
Change from Current Lew'. Current law does not authorize the credits described In the bill. All j
taxpayers must pay property taxes levied with legal currency.
Action Required for the 1999.2000 School Year No action is required by the bill, since the
language is permissive. Districts that choose to offer the credits would potentially incur cash flow
issues if a substantial number of taxpayers are allowed to participate.
Future Implications: None.
Outstanding Issues: None.
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Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB 3551 b Giddings
Educallon Code Impacted: Section 502.292(e), Transportation Code
Summary: HB 3551 amends the Transportation Code to reallocate the proceeds from the sale of
the Read to Succeed license plate to be used for the purpose of providing educational material for
public school libraries. r!
Change from Current Law: Under current law, the proceeds from the Read to Succeed license
plates fund the required reading diagnostic instruments under Section 28.006 of the Texas Education
Code. HB 3551 shifts the funds to pay for educational materials for public school l brarles
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` Action Required for the 1999.2000 School Year: The Texas Education Agency will need to
t develop a process for allocating funds for providing educational materials for public school libraries.
Future Implications: None.
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outstanding Issues: None. j
Does this bill create a new program? Yes.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HB U09 b Janell
Code Impacted: §521.022(c), Transportation Code
Summary: Amends Transportation Code §521.022(c) to authorize an advanced practice nurse or
physician assistant (in addition to a physician) to conduct the required annual medical examination to
determine a person's mental and physical capabilities to operate a school bus safely; an
ophthalmologist, optometrist, or therapeutic optometrist Is permitted to conduct the vision portion of
the exam.
Change from current law: Current regulations restrict the performance of this medical
examination to only a doctor of medicine or osteopathy currently licensed to practice medicine by the
( Texas Board of Medical Examiners or equivalent authority from another state.
Action Required for the 1999.2000 School Year: None anticipated by or for this agency
Future Implications: No.
Outstanding Issues: No.
Does this bill create a new program? No.
Does ill bill require a new report? No.
Does this bill require that rules be adopted? None anticipated by or for this agency, rule-making
authority and responsibility for interpretation and enforcement resides with the DIPS.
HB 953 b Uher
Education code Impacted: Subsection 521.205(a), Transportation Code.
Summary: The law currently allows the legal parent or guardian of a teenage child to provide
instruction required for obtaining a driver license, HB 953 expands the law to allow the stepparent, r
grandparent, or slopgrandparent to provide driver education instruction. Therefore the number of d
students participating in the parent/guardian driver education program will increase as a result of this l
legislation This change will take effect September 1, 1999,
Change from current law: The law currently allows the legal parent or guardian of a tannage child
to provide instruction required for obtaining a driver license. HB 953 expands the law to alhw the
stepparent, grandparent, or slopgrandparent to provide driver education instruction.
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Action Required for the 1999.2000 School Year: None.
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Future Implications: The number of students participating In the parenVguardiart driver education
program will increase as a result of this legislation.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Doe+ this bltl require that rules be adopted? No.
HVI 386 by,W+dkir• "r '
Code Impacted: 541201, 545.352, 521.022, 548.001, 546.201, Transportation Code
Summary: Amends the following sections of the Transportation Code: (1) §541.201 by
establishing and defining the term 'school activity bus' as a bus designed to accommodate more than
15 passengers Including the operator and used to transport public school students on a school activity
trip, and also redefining the pre-existing term 'school bus' to Include any motor vehicle that was
manufactured In compliance with federal motor vehicle safety standards (FMVSS) applicable for
school buses and that Is used to transport preprimary, primary, or secondary students; (2) §545.351
to establish the speed limit for a school bus that has passed a commercial motor vehicle (CMV)
Inspection under §548201 and is being operated on a federal or slate numbered highway (including a
farm-lo-market road) at 60 miles per hour, and to permit a school activity bus to travel at the same
.peed limit as required for a passenger car at the same time and location; (31 §521,022 to require the
operator of a school activity bus to meet the same prerequisites (standards and qualifications) as
required of a school bus operator; and (4) §548.,001 to specifically Include a school activity bus In the
pre-existing definition of a'commercial motor vehicle.
Change from current law: Current laws and related regular--. a. j1) do not address the term
"school activity bus" and associated speed limit, or require the operator of such a vehicle 10 meet
prescribed school bus driver standards and qualifications, and (2) restrict the speed limit for a school
bus to 56 miles per hour on a rural inturstate highway (one located outside an urban disUicq and 50
mites per hour on any other highway.
Action Required for the 1999.2000 School Year: None anticipated by or for this agency.
Future Implications: Does not address address whether a "school bus" may be legally modified or
converted into and used as a 'school activity bus'.
Outstanding Issues: No.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? None anticipated by or for this agency; rule-making
authority and responsibility for enforcement resides with the OPS. f '
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C HB,964 by Cuellar
Code Section Impacted: Section 542501, Transportation Code, Chapter 600, Transportation
Code, Section 60004,
Summary: A school crossing guard trained under Section 600.004 may direct traffic in a school
crossing zone.
Change from Current Lew: Current law does not require training as required by Section 600,004,
Transportation Code. Current law does not allow school crossing guards to direct traffic in a school
crossing zone.
Action Required for the 14992000 School Year: Districts that Intend to provide these services by
school crossing guard must have the guards trained. The school crossing guard that direct traffic in a
school crossing zone must successfully complete a training program in traffic direction as defined by
the basic peace officer course curriculum established by the commission on Law Enforcement
Standards and Edut.ation.
Future Impilrations: None.
Outstanding issues: None.
Does this create a new program? No.
Does this require a new report? No
Does this bill require that rules be adopted? No.
HS 1744 by ftrls>ya
Code impacted: §547,701(b), Transportation Code
Summary: Amends Transportation Coda §547,701(b) to permit the operation of rooftop mounted
warning lamps (strobe fights) on school buses at such times and under such conditions as provided
by rules adopted by the local school district
Change from current law: Current law restricts use of this optional equipment to operation only
during inclement weather when the bus Is stopping or Is stopped to load or unload students.
Action Required for 1999.2000 Schc-,)l Year: None anticipated by or for this agency
Future Implicatlons: No.
Outstanding Issues: No.
Does this bill create a new program? No,
Does this bill require a new report? No. r
Does this bill require that rules be adopted? None anticipated by or for this agency; rules to be
ndopled and enforced by local school districts.
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Code Impacted; 39.901, Utilities Code
Summary: The bill generally provides for a restructuring of the eiectric utility Industry to foster a
more competitive environment. It would create a special reserve fund to address changes in property
valuation of electric utilities that result from the restructuring, School districts that experience declines
in proporty vatues of electric facilities would be eligible to receive offsetting reimbursements from the
.system benefit fund.' The Public Utility Commission would administer the fund. The Texas
Education Agency would calculate losses in funding attributable to the restructuring and compensate
districts for those losses,
Change from current law: There is no comparable current law provision.
Action Required for the 1999.2000 School Year: School districts would take no actions In 1999-
2000. The restructuring could significantly affect the future taxable value in districts with electric utility
facilities. It is unclear how the restructured marketplace will Impact each school district's taxable
values, and there are potential benefits from the restructuring of rates for school district electricity
purchases.
Action Required for the 1999.2000 School Year: No.
Future Implications: No.
Outstanding Issuer No.
Does this bill create a new program? No.
Does tits bill requtre a new report? No.
Does Vile bill require that rules be adopted? The commissioner Is requlred to adopt rules to
implecient the bill's provisions.
SB 1797 by Mean
Code Impacted: 104 2545, Utilities Code
Summary: The bill directs that natural gas utilities must provide services to school district facilities
in certain situations The bill requires the sale of gas and the transportation of 10 million BTUs or
more each day of gas that is in-kind royalty and marketed by the stale. The bill allows the state to
market gas produced from state owned lands to school districts, and the natural gas utility provider
must deliver the gas for the stale. If contract terms for delivery cannot be agreed upon, the railroad
commission determines a fair rate, The intent appears to be to require natural gas utilities to
cooperate in state gas marketing efforts, which could result In better prices for state royalty gas and k ,
possibly cheaper prices for school districts. r r a
Change from current law: No. r 1~'
Action Required for the 1999.2000 School Year: No actions are required by school districts.
Future Implications: No.
Outstanding issues. No. a i'
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Does ihls bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HS 2686 by Colsmatn
Education Code Impacted: Articles 717q and 717w, Vernon's Texas Civil Statutes
Summary: When Issuing bonded indebtedness, financing arrangements available to school
districts are extended to the types of financing arrangements authorized for obligations and credit
arrangements specified by Article 717q, Vernon's Texas Civil Statutes. Article 717q duthorizes
various interest rate terms, Including fixed, varlable, floating, adjustable Interest rates. The provisions
in Article 717q apply to school districts that have at least 190.000 students In average daily
attendance, Article 717w contains additional financing options in relation to anticipation notes. The
provisions In Article 717w that authorize anticipation notes will apply to school districts that have at
least 190,000 students in average daily attendance,
Change from current law: Under current law the provisions in 717q and 717w do not apply to
school districts. Additionally, current law does not authorize variable rate interest terms for bonded
indebtedness.
Action Required for the 1999.2000 School Year: A school district that intends to Implement these
new provisions will first need to amend its local policies, as necessary,
Future Implications: No.
Outstanding Issues: Section 45.0011. TEC, as added by Senate Bill 1091 (76th Legislature),
contains a conflict in regard Ic eligible Issuers. According to HB 2685, an eligible Issuer of debt
containing provisions authorized In Article 717q Is limited to an independent school districts that has
an average daily attendance of 190,000 or more; however. SB 1091 which added Section 45.0011
TEC states that certain provisions in 717q apply to districts that have at least 2,000 students In
average daily attendance,
Does th s bill create j new program? No.
Does this bill require a new report? No.
Does 11 require that rules be adopted: No.
r--~ HS 3204 by Danburg aT~
Code Impacted, Amends Aticle 27741b, Vernon's Texas Civil Statutes.
Summary: This bill amends a special law that applies to Houston I.S.D. The bill conforms the
special law with Soc'ion 11.058 of thn Education Code and corresponding Election Code provisions
regarding write-in votes and the declaration of a writa•In candidate. Also, the bill requires the filing of
C a ice or petition with a notice of candidacy.
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Change from current law: Write-in voting is currently governed by Section 11,058 and
corresponding Election Code provisions. Currently, a candidate for trusty tc not required to file a tee
or petition,
Action Required for the 1999.2000 School Year: Implementalion of the requirement for a filing
fee or petition.
Future Implications: No additional future implications.
Outstanding Issues: Preclearance of the bill by the United States Department of Justice pursuant
to the Voting Rights Act.
Does this bill create a new program? No,
Does this bill require a new report? No,
Does this bill require that rules be adopted? No.
HS 1224 by Jones; Jessa
Education code impacted: Section 4, Article 4413(29c), Vornori s Texas Civil Statutes (Texas
Driver and Traffic Safety Education Act),
Summary: The bill requires that alcohol awareness informal on be included In the curriculum of any
driver education and driving safety ccurse that Is governed by the Act. Also, the agency Is required to
consult with the Department of PvNic Safety in developing rules to implement this legislation. This bill
takes effect January 1, 2000.
Change from current law: Alcohol awareness information is currently Included In both the driver
education and driving safety curricula.
Action Required for the 1999.2000 School Year: Public scha)ls that offer driver education
programs will need to be advised of the change.
Future Implications: None.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
HS 3757 by QI~ g s
Education code impacted: Article 4413(2Sa) Vernon's Texas Civil Statutes (Texas Driver and ti
Traffic Safety Education Act) and Chaplet 5, Insurance Code, ? I r
Summary: This bill requires the agency to develop standards for separale school certification and
approve educational curricula for drug and alcohol awareness programs, Th9 programs may include
one or more courses and will be administered in a similar manner as driving safety courses The _i
agency and lho Texas Commission on Alcohol and Drug Abuse (TCADA) are required to enter into a
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memorandum of understanding for the interagency approval of the required educational curricula, An
Insurance discount will be available to persons who complete the course. This bill is effective
September 1, 1999.
Change from current law: The Act covers licensing and regulatory authority for driver training
programs. Drug and alcohol awareness programs were previously approved and regulated by
TCADA, and were discontinued when all rules pertaining to the program were repealed.
Action Required for the 1999-2000 School Year: None.
Future implieat:ons: The agency will be required to approve ancUor license courses, providers,
schools, and Instructors and establish methods f)r determining compliance with all requirements.
Outstanding Issues: None.
Does this bill create a now program? Yes.
Does this bill require a new report? No
Does this bill require that rules be adopted? Yes. The bill states that the agency shall adept
rules to develop standards for school certification and educational curricula. Further, the
commissioner of the Texas Department of Insurance is required to adopt rules to establish a 5%
premium discount applicable to personal motor vehicle Insurance policies for completion of drug and
alcohol awareness courses approved under the Act.
sB m. b` visa„
Education code Impacted: Article 4413{29c), Vernon's Texas Civil Statutes (Texas Driver and
Traffic Safety Education Act).
Summary: This bill gives the commissioner the authority to adopt rules necessary to carry out the
policies of the Act. 38 777 also requires the commissioner to develop a rulo that requires that
information relating to litter prevention be included In the curriculum of each driver education and
driving safety course The commissioner is required to consult the Department of Public Safety In
developing ruled This bill is effective after its passage.
Change from current law: The majority of current rules were adopted by the State Board of
Education under previous authority. The commissioner will now adopt all rules.
Action Required for the 1999.2000 School Year. Public schools that offer driver education
programs will need to be Informed about the addition of litter prevention information to the curriculum.
Future Implications: None,
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No,
Does this bill require that rules be adopted? Yea, All rules will need to be readopted as
commissioner rules by January 1, 2001. New rules needed to ensure that liher prevention information
is included In driver education and driving safety curricula by January 1, 2000.
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Education code impacted: Section ISA, Article 4413(29c), Vernon's Texas Civil Statutes (Texas
Driver and Traffic Safety Education Act).
Summary: This bill will provide for a temporary, nonrenewable driver education Instructor license
fur persons who hold a Texas teaching certificate with an effective date before February 1, 1986.
meet all requirements for licensing except proof of successful completion of the examination required
under rules adopted by the State Board of Educator Certification to revatidate the teaching certificate,
and demonstrate that they intend to comply with the examination requirement at the first available
opportunity. There are some certified teachers who chose not to take the required exams to maintain
their certification because they were not teaching at the time the new requirements were established.
They are now older and looking for part-time or seasonal work in the driver training schools. Since
the exams are offered in'%quenliy, the individuals are delayed from working until they can take the
exam. This bill will alto iem to teach and earn income while they are waiting to take the exam.
This bill takes effect alter ns passage.
Change from current law: Current law has no provisions for issuing temporary driver education
instructor licenses.
Action Required for the 1999.2000 School Year: None.
Future Implications: Some Individuals will be able to earn income while they are waiting to take
the required exams for teacher certification.
Outstanding Issues: Nor.e.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? Rules may need to be adopted to determine the
type of documentation that will demonstrate the applicant's intention to comply w ,rr the examination
requirement at the first available opportunity.
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Hg 1196 bj Reyna, Art
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Education Code Impacted: None. q
Summary: Designates the second Sunday in August of each year as Texas Parents Day, It
celebrales the Texas lamily and emphasizes the importance of parents taking an active rote in the
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raising and future of their children.
Change for Current law: No. ~r
Action Required for the 1999-2000 School Year: No.
Future Implications: Nc.
Outstanding issues: None.
Does this bill create a new program? No,
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Does this bill require anew report? No.
Does this bill require that rules be adopted? No.
H81880 b V Qutlehii ; `~R ' '
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Education Code Impacted: None.
Summary: The Texas-Mexico Border Health Coo dinatlon Office of The University of Texas
System shall establish an acanthosis screening pilot program in selected counties In South Texas.
Acanthosis nigricans is a darkened patch on the skin that indicates a child is a risk lot developing
Type II diabetes. The pilot program shall require screening of individuals who attend public or private
schools to detect acanthosis nigricans. Rules shall be established by the Executive Council of the
Health Coordination Office that require acanthosis screening to be performed at the same lime
hearing and vision screening is performed under Chapter 36, Heaiih and Safety Code.
Change From Current Lew: Acanthosis nigricans screening pilot program is new legislation.
Action Required for the 1999-2000 School Year: The chief administrator of each school distict in
the selected counties shall ensure that each individual admitted to the school complies with the
screening requirements or submits an affidavit of exemption beginning in the 1999-2000 school year.
School districts are required to maintain screening records and notify the individual screened, or a
minor's parent or guardian, that acanthosis nigricans has been detected. Each school di Act must
submit an annual report.
Future implications: Not later than January 1, 2001, the Texas-Mexico Border Health
Coordination Office of the University of Texas System shall submit to the governor and the legislature
a report concerning the effectiveness of the pilot program.
Outstanding Issues: An early detection program will be eatablisf,ed in those counties In Texas
with the highest prevalence of Type II diabetes.
Does this bill create a new program? Yes.
Does this bill require a new report? Yes,
Does this bill require that rules be adopted? Yes (but not in the TEC).
SB 1748 b Jackson
Code Impacted: None.
Summary: This bill creates the Texas Environmenlal Education Partnership (TEEP) Fund, a
publiolprivate nonprofit education partnership. The TEEP Fund Board is comprised of members
appointed by the governor, lieutenant governor and speaker of the house to raise and manage funds
to support environmental education programs and to make decisions about which programs will
receive those funds. The Board will designate one or more publidprivate partnership entities as a
participating partner to develop and propose environmental education projects, activitie3, and
programs to receive assislance from the TEEP fund. The TEEP trust fund is established as a trust
fund outside the treasury to be held by 'he Texas Treasury Safekeeping Trust Company,
Change from current law: New law.
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Action Required for the 1999.2000 School Year: No specific requirements for state agency or
local districts. }
Future Implications: If grants are not available in the suture, how do programs continue?
Outstanding 11sues: The bill does not specify the role of the commissionor of education or the
Texas Education Agency.
Does this bill create a new program? No.
Does it require a new report? No.
Does this bill require that rules be adopted? No.
HCR 117 b Keffer
Code Impacted: None.
Summary: The resolution recognizes career and technology education as a valuable program for
student success if programs are "organized correctly by using area-specific data from the Texas
Workforce Commission." The bill states that the legislature will support and encourage the future
development and expansion of voluntary career and technology academic programs in Texas, and
that the legislature will encourage cooperative partnership arrangements among high schools,
community colleges and universities, ecunomics development councils, and business leaders.
Change from current law: f:nne.
Action Required for the 1999.2000 School Year: None.
Future Implications: Unknown.
Outstanding Issues: None.
Does this bill create a new program? No.
Does this bill require a new report? No.
Does this bill require that rules be adopted? No.
SLR 79 by Ratliff
Code Section Impacted: None,
Summary: The Resolution directs the Texas Department of Health, in collaboration with the Texas
Education Agency, the Texas Department of Human Services, the Texas Department of Mental
Health and Mental Retardation, the Texas Commission on Alcohol and Drug Abuse, the Texas {
Department of Public Safety, the Department of Protective and Regulatory Services, the Criminal r '
, to lead an r t f l',.
Justice Policy Council, and the office of the Attorney General, within existing resources A
inquiry into youth violence in this state. both real and potential, including the incidence and root
causes of such violence and ways by which such violence can be prevented. This inquiry she Id
include, at a minimum, participation of parents, children, actual classroom teachers, and school :
counselors. The agencies must submit a full report of their finding and recommendations to the 77th
Legislature when it convenes in January, 2001. fra
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Change from Current Law: None
C Action Required for the 1999-2000 School Year: The Resolution directs the Texas Department
of Health. In collaboration with the Texas Education Agency, the Texas Department of Human
Services, the Texas Department of Mental Health and Mental Retardation, the Texas Commission on
Alcohol and Drug Abuse, the Texas Department of Public Safety, the Department of Protective and
Regulatory Services, the Criminal Justice Policy Council, and the office of the Attorney General, within
existing resources, Weed an inquiry Into youth violence in this state, both real and potential, including
the incidence and root causes of such violence and ways by which such violence can be prevented.
This inquiry should Include, at a minimum, participation of parents, children, actual classroom
leachers, and school counselors.
Future Implications, The recommendations to the 77th Legislature may lead to law changes that
will reduce violence in schools and communities in TEXAS.
outstanding issues: None
Does this bill create anew program? No.
Does this bill require a new report? The agencies must submit a full report of their finding and
recommendations to the 77th Legislature when it convenes in January, 2001.
Does this bill require that rules be adopted? No.
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FYI
I Date: July 16, 1999
To: Mayor and Members of the City Council
DISD Board of Trustees
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l From: Jennifer Walters, City Secretary
Re: Joint Agenda Item #4 ~
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The draft Comprehensive Plan has been delivered to the
j Council and Board of Trustees under separate cover prior to
this meeting. Please bring your copy to the meeting for your
E reference,
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