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Home My WebLink About18-1950RESOLUTION NO. 18-1950 A RESOLUTION OF THE CITY OF DENTON, ADOPTING THE CITY OF DENTON'S 2019 STATE LEGISLATIVE PROGRAM FOR THE 86`" TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 86th Texas Legislature will commence in January 2019; and WHEREAS, home rule authority, revenue caps, budgeting authority, public rights of way, annexation authority, and other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2019 State Legislative Program for the 86t" Texas Legislature; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton's 2019 State Legislative Program for the 86tn Texas Legislature is hereby adopted as set forth in the "City of Denton 2019 State Legislative Program," attached hereto, and made a part of this resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager, and the City Attorney, or their designees, shall communicate the items included in the 2019 State Legislative Program to members of the Texas Legislature. SECTION.3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor, City Council, and City Staff, and through other appropriate means. ySECTION_4. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by ��,r�' .��"�°�� ... � and seconded by �� µ�� . The resolution was passed and approved by .___...�....... -- --. .. dl�c� f��:�9N�.��riix��; ��t� �� . � �",� �t Aye Nay Abstain Absent Mayor Chris Watts: � Gerard Hudspeth, District 1: �w° Keely G. Briggs, District 2: �� Don Duff, District 3: ��' John Ryan, District 4: �'� Deb Armintor, At Larg� Place 5: �"`� Paul Meltzer, At Large Place 6: __WW WW��W ��,��"�I aC:7 ��Vl:� �"+�F'l�f�t��''1�1.� ��i� t�c, ��,�� ,l��y� c��° '`��,�s-,�„°�"-�`��"'��'�.......� ��1 � �, �,..,, � �� ,� � � �,, �P�.�� m _ ,� � �� .�, .._. �;� � l�� ''V�'�TTS, MAYOR ATTEST: JENNIFER WALTERS, CTTY SECkETARY , �, � µ w BY: � "��°� r�"� �� :'°�� t`` .;�;� ��,��, ��, APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ��,�..�..v.,� �� r,�.� � �. �� BY'" � � � '�� '�,��w� �.,� �� „ � CITY OF 2019 State Legislative Program for the th 86 State Legislative Session Chris WattsJohn Ryan MayorMayor Pro Tem | District 4 Chris.Watts@cityofdenton.comJohn.Ryan@cityofdenton.com Gerard HudspethKeely G. Briggs District 1District 2District 3 Gerard.Hudspeth@cityofdenton.comKeely.Briggs@cityofdenton.com Deb ArmintorPaul Meltzer At Large Place 5At Large Plage 6 Deb.Armintor@cityofdenton.comPaul.Meltzer@cityofdenton.com 2 Copy of Resolution 3 RESOLUTION NO. 18-1950 A RESOLUTION OF THE CITY OF DENTON, ADOPTING THE CITY OF DENTON'S 2019 STATE LEGISLATIVE PROGRAM FOR THE 86`" TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 86th Texas Legislature will commence in January 2019; and WHEREAS, home rule authority, revenue caps, budgeting authority, public rights of way, annexation authority, and other legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt its 2019 State Legislative Program for the 86t" Texas Legislature; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The City of Denton's 2019 State Legislative Program for the 86tn Texas Legislature is hereby adopted as set forth in the "City of Denton 2019 State Legislative Program," attached hereto, and made a part of this resolution for all purposes. SECTION 2. The Mayor and City Council, City Manager, and the City Attorney, or their designees, shall communicate the items included in the 2019 State Legislative Program to members of the Texas Legislature. SECTION.3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor, City Council, and City Staff, and through other appropriate means. ySECTION_4. This resolution shall become effective immediately upon its passage and approval. The motion to approve this resolution was made by ��,r�' .��"�°�� ... � and seconded by �� µ�� . The resolution was passed and approved by .___...�....... -- --. .. dl�c� f��:�9N�.��riix��; ��t� �� . � �",� �t Aye Nay Abstain Absent Mayor Chris Watts: � Gerard Hudspeth, District 1: �w° Keely G. Briggs, District 2: �� Don Duff, District 3: ��' John Ryan, District 4: �'� Deb Armintor, At Larg� Place 5: �"`� Paul Meltzer, At Large Place 6: __WW WW��W ��,��"�I aC:7 ��Vl:� �"+�F'l�f�t��''1�1.� ��i� t�c, ��,�� ,l��y� c��° '`��,�s-,�„°�"-�`��"'��'�.......� ��1 � �, �,..,, � �� ,� � � �,, �P�.�� m _ ,� � �� .�, .._. �;� � l�� ''V�'�TTS, MAYOR ATTEST: JENNIFER WALTERS, CTTY SECkETARY , �, � µ w BY: � "��°� r�"� �� :'°�� t`` .;�;� ��,��, ��, APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY ��,�..�..v.,� �� r,�.� � �. �� BY'" � � � '�� '�,��w� �.,� �� „ � General Legislative Policy Statement of Purpose The fundamental goal of the Citys legislative activities is to produce positive outcomes for the citizens of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring and commenting on proposals in the Texas Legislature, we are working to ensure that the citizens of Denton can continue to enjoy the quality of life they have come to expect and deserve. Statement of Preservation As a general policy, the City will oppose any legislation viewed as detrimental to the Citys strategic goals; that limits home rule authority; is contrary to the health, safety, and welfare of its citizens; mandates increased costs or loss of revenues; or diminishes the fundamental authority of the City. The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a negative impact on municipal operations, including but not limited to legislation that would: Erode home rule authority; through unfunded mandates or other means; Erode the authority of Texas cities to manage and control their rights-of-way or other public property, and to be reasonably compensated for such use; Erode current municipal economic development authority; Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; and Further restrict cities ability to adopt or amend zoning regulations or annex property in their extraterritorial jurisdiction. Statement of Support The City supports any legislation that would advance the Citys strategic goals and interests; improve the health, safety, and welfare of its citizens; and responsibly increase revenues. Form Coalitions The City will form strategic partnerships with other cities, political subdivisions, private sector and non-profit entities, and other appropriate stakeholders that share common goals with the City of Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal League, when their adopted positions are in line with the legislative objectives and goals of the City. stronger presence in the legislative process. 4 General Government We will work to protect Denton residents right to govern themselves and work with their local To accomplish this goal, we will: Support legislation that supports or advances the principle of local control to allow for locally elected beneficial to the Citys interest. Oppose state preemption of municipal authority in regulation of payday lenders, unless the proposed legislation provides adequate protections from aggressive, predatory, deceptive, and harmful lending practices. Support legislation that improves government transparency, so long as such legislation does not create legal confusion, duplicate existing disclosure requirements, or cause an undue burden as an unfunded mandate to the City. Oppose legislation that would increase state regulation of local ballot language. Support legislation that heightens environmental standards, improves air and water quality, and protects the health, safety, and welfare of Texans, so long as it does not create an undue burden on the City. Support continued funding of the Texas State Library and Archives Commission. Revenue and Taxation We will work to protect the ability of the Citys elected governing body to set its own budget, raise the needs of the Denton community. To accomplish this goal, we will: Oppose legislation that would impose a revenue cap or tax cap, lower the rollback rate, or otherwise restrict the Citys ability to fund the necessary programs and services, including legislation that would erode the ability of a city to issue debt or place limits on the Citys overall expenditures. Support legislation that would improve the appraisal process to ensure equal and uniform application of property taxes. Support legislation that expands the collection of city sales taxes or the sales tax base, so long as the city tax base receives the full benefit from the expansion. Economic Development We will continue to support access to economic development tools that expand our tax base, bring jobs to our community, and support businesses and industries that have chosen to locate in Denton. To accomplish this goal, we will: Support legislation that would extend the sunset date of Chapter 312 of the Texas Tax Code to allow for the continued use of property tax abatements. Introduce and seek passage of legislation that enables the creation of a Tourism Public Improvement District (TPID). Support legislation that would continue or expand funding of the Skills Development Fund of the Texas Workforce Commission to promote workforce training. 5 Land Use and Resources We will work to protect the Citys ability to regulate growth and land development, promote good land use, and manage development within the city limits and our extraterritorial jurisdiction. To accomplish this goal, we will: Support legislation that preserves property value for Denton taxpayers by protecting the Citys authority to promote good land use through: land use and zoning regulations (including billboard regulations, tree, and landscape regulations), building and property maintenance codes (including in ETJ), planning requirements, impact fees, building permit fees, annexation, or eminent domain. Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees from new developments at time of platting. Oppose legislation that would reduce a municipalitys authority and discretion to approve the creation of a special district within a citys incorporated area or ETJ, including but not limited to the expansion of a districts boundaries or powers. Oppose legislation that would restrict cities ability to adopt or amend zoning regulations or the applicability of those regulations to existing projects, including but not limited to the creation of any property rights or vesting in a zoning and use classification or any restrictions regarding downzoning. residents or legislation that would enhance local regulations related to oil and gas operations. Oppose legislation that would erode local control or existing authority and regulations of gas well operations as articulated in HB 40 (84th Legislature). Support legislation that would allow cities to enact ordinances regulating zoning and development free from exception/exemption, including but not limited to imposing limitations on the availability of the Freeze Law under Chapter 245 of the Texas Local Government Code. Oppose legislation that would restrict a municipal governments ability to regulate short-term lodging rentals from online listing platforms. Public Safety and Municipal Court municipal court operations. To accomplish this goal, we will: Oppose legislation that would impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state; and support legislation that would provide a more equitable distribution of court fines, resulting in a higher percentage of fines being kept local, where the laws are enforced, the court is held, and the fines are collected. Support legislation that would require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by the governor or the governors Division of Emergency Management. Support legislation that would clarify regulations related to open carry in municipally owned facilities that are contractually operated by nonprofit or private entities or clarify where open carry is prohibited Oppose legislation that would restrict a citys authority to determine the appropriate use of technology in public safety, such as the use license plate readers by law enforcement agencies. Oppose legislation that would prohibit use of Association Business Leave by authorized public safety Association members, as provided in existing meet and confer agreements. 6 Utilities We will work to protect our ability to manage our utilities, rights-of-way, and publicly owned land and maintain our authority to make decisions about how our utilities are governed, funded, and operated. To accomplish this goal, we will: Oppose legislation that would deregulate municipally owned utilities (MOUs) or amend their governance authority or structure. Support legislation that preserves the ability of MOUs to maintain a diversified energy portfolio. Oppose legislation that would extend electric subsidies provided by MOUs to four-year state universities, upper level institutions, Texas state technical colleges, or other special groups. Oppose legislation that would restrict MOUs from building transmission infrastructure outside their service area. Oppose legislation that would diminish a MOUs ability to maintain the reliability of the electric utility system and protect the safety of employees by allowing wireless communication facilities and antennas to be mounted on utility poles in a manner that disregards best engineering practices, safety codes, or the judgement of electric utilities. Oppose legislation that provides any further exemptions to the drainage fee. Oppose legislation that would impose state tap fees or any other type of state charge on municipal water systems. Support legislation that would raise the exemption amounts for public works projects in the Texas Engineering Practices Act. Oppose any legislation that would limit or prohibit a citys ability to make and sell compost or mulch products inside and outside of the city limits. Oppose legislation that would further erode the Citys authority to be adequately compensated for any use of its rights-of-way or that would further erode the Citys authority over the management and control of its rights-of-way. Oppose any legislation that would erode the Citys authority to require utility companies to pay the costs of relocating their facilities in a timely manner as required by current law. Community Development and Human Services We will work to encourage expansion of the support and human services to the Denton community, issues, and education. To accomplish this goal, we will: Support legislation amending Section 11.1825 of the Tax Code by adding that community housing municipality prior to receiving a tax-exempt status from the local property appraisal district. Support legislation that would provide additional state funding for local and regional initiatives related to reducing the number of homeless persons and those at risk of homelessness in our community. Support legislation that would provide state funding to assist MHMR and local nonprofits in providing adequate and coordinated mental health services throughout Denton County. Support legislation that would provide funding for Early Childhood Programs, including full-day service pre-kindergarten programs. Support legislation to increase transparency and clarify regulations related to the formation of public facility corporations. 7 Transportation state, region, and within the City of Denton, including advocating for increased funding and pursuing collaborative and innovative solutions. To accomplish this goal, we will: Seek introduction and passage of legislation to change the composition, powers, and responsibilities of the Board of Directors for the Denton County Transportation Authority. Support legislation that allows regional infrastructure planning organizations to use alternative funding mechanisms (public-private partnerships, tolled lanes, etc.) and to accelerate project delivery. Support legislation to identify additional transportation revenue to enhance statewide and regional transportation infrastructure, or that would provide metropolitan areas with flexible solutions to solve problems and ensure that areas contributing to transportation solutions will not be penalized with a loss of traditional transportation funding. Support legislation and funding for the 35Express, 35W, 35N to Red River, and Loop 288 projects. Support legislation that would index the motor fuels tax to reduce the decline in purchase power of transportation funding. Support legislation that would provide state funding to support active transportation projects for bicycles and pedestrians. Support legislation that would fund a new or improved driver license facility in Denton County and enhance customer service provided by the Department of Public Safety for driver license services. Partnerships We will continue to support of local, regional, and state partners in meaningful ways that benefit the Denton community. To accomplish this goal, we will: Support legislation that directly benefits UNT, TWU, and Denton ISD, if such proposals do not adversely Oppose legislation that would further reduce funding to Denton ISD, if such proposals do not adversely 8 Produced by the City of Denton ADA/EOE/ADEA TDD: (800) 735-2989 www.cityofdenton.com