HomeMy WebLinkAbout030521 Friday Staff Report
City Manager’s Office
215 E. McKinney St., Denton, TX 76201 (940) 349-8307
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
MEMORANDUM
DATE: March 5, 2021
TO: The Honorable Mayor Hudspeth and Council Members
FROM: Sara Hensley, Interim City Manager
SUBJECT: Staff Report
I. Council Schedule
A. Meetings
1. Public Utilities Board on Monday, March 8, 2021 at 9:00 a.m. via
video/teleconference – City Council Work Session Room.
2. Parks, Recreation and Beautification Board on Monday, March 8, 2021 at
3:00 p.m. via video/teleconference – City Council Work Session Ro om.
3. No - City Council Meeting on Tuesday, March 9, 2021.
4. Cancelled - Economic Development Partnership Board on Wednesday,
March 10, 2021 at 11:00 a.m. in the City Council Work Session Room.
5. Cancelled - Agenda Committee Meeting Wednesday, March 10, 2021 at
2:30 p.m. in the City Manager’s Conference Room.
6. Airport Advisory Board on Thursday, March 11, 2021 at 1:00 p.m. via
video/teleconference – City Council Work Session Room.
7. Library Board on Thursday, March 11, 2021 at 3:30 p.m. via
video/teleconference – City Council Work Session Room.
8. Community Development Advisory Committee on Friday, March 12, 2021
at 12:30 p.m. via video/teleconference – City Council Work Session Room.
II. General Information & Status Update
A. Procurement of Executive Recruitment – Recruitment firms are often utilized by the
City to fill executive or highly specialized positions. Each recruitment will be treated
independently, and Human Resources will request a proposal for certain recruitments.
When proposals for individual recruitment meet or exceed $50,000, a formal
solicitation process may be utilized unless the services are exempt from solicitation
requirements, and Council will approve a contract with the recruitment firm. Staff
contacts: Tiffany Thomson, Human Resources and Christine Taylor, Procurement and
Compliance
B. DME-Related Media Requests – Since the start of the recent winter storm and
associated rotating outages, DME executive staff has been incredibly accessible to
local, regional, and national news outlets. They provided multiple interviews daily to
keep the community and broader public informed of the impact and activities of DME
regarding this crisis. A significant step in the recovery from the statewide outage
emergency is the analysis and reporting of findings to the City Council on March 23.
Due to the increase in media requests and the need to devote significant executive staff
time toward analysis of the impact of the winter storm, the City will be delaying
interview requests of DME executive staff on non-emergency issues, until after the
Council update on March 23. These staff members are unable to accommodate these
requests for all media outlets prior to this date and would like to take this step to
prevent the perception of favoritism toward certain media partners. Transparency is a
bedrock of our organization and we will continue to respond to information requests,
provide short interviews with DME senior staff when available, and give timely and
relevant updates to the community and our media partner s. The City’s Public
Information Officer continues to respond to and coordinate media requests throughout
the day. Staff contact s: Ryan Adams, Customer Service and Public Affairs and Tony
Puente, DME
C. Mayoral Approval of Outdoor Gatherings Superseded – With Governor Abbott’s
newest order (GA-34), the requirement of mayoral approval of certain outdoor
gatherings has been rescinded. The newest order makes no mention of such a
requirement. The Texas Municipal League confirmed that the governor intended GA-
34 to do away with the requirement that a mayor approve of outdoor gatherings, as
provided in previous orders. Staff contact: Rachel Balthrop Mendoza, City Manager ’s
Office
D. Education on GA-34 and the Continuing CDC Recommendations – On Wednesday,
City staff issued a press release sharing information on Governor Abbott ’s GA-34
order. It also included information and a quote from Mayor Hudspeth strongly
encouraging residents and businesses to continue with health and safety precautions.
The press release also communicated that City of Denton facilities and services will
continue current COVID-19 precautions. These include certain facilities remaining
open by appointment only, requiring face coverings for employees and visitors
entering City facilities, and limited programs and services with COVID -19
precautions.
This week, staff has updated information on the City’s COVID-19 webpage including
the continued CDC recommendations to wear a mask that covers your nose and mouth
to help protect yourself and others, stay 6 feet apart from others who don’t live with
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you, avoid crowds, avoid poorly ventilated indoor spaces, and wash your hands often
with soap and water, or use hand sanitizer if not available. In addition, staff has created
three versions of a sign that businesses or other establishments may use if they choose
to require face coverings in their individual businesses or establishments. This will be
shared with the Chamber of Commerce, Denton Main Street Association (DMSA),
and other businesses. The signs can be found on the COVID-19 Business Resources
page here: www.cityofdenton.com/en-us/government/health-safety/covid-19-
information/business-resources and are also attached. Staff contact: Sarah Kuechler,
CMO / Ryan Adams, Public Affairs and Customer Service
E. Ongoing Suspension of Texas Open Meetings Act Suspensions – A letter from the
governor’s office from March 2020 provides that the Texas Open Meetings Act
(TOMA) suspensions will be “in effect until terminated by the office of the governor,
or until the March 13, 2020, disaster declaration is lifted or expires.” The governor’s
staff assured the Texas Municipal League that Governor Abbott intends to continue
successively extending his 30-day COVID-19 disaster declaration as it is needed to
ensure eligibility for federal assistance, among other things.
Coinciding TOMA suspensions should continue for the foreseeable future. Should the
Governor independently end the suspensions, it is understood that he will give ample
notice of that action.
On February 4, the governor’s office last extended the disaster declaration (and the
TOMA suspensions accordingly) for another 30 days.
While they do not replicate the suspensions exactly, several bills have been filed
(namely SB 639 and HB 1888) in the Texas Legislature thus far relating to
videoconference and teleconferencing for public meetings. Staff will continue to
update Council on filed bills and any potential impacts that may require action as they
arise. Staff contact: Rachel Balthrop Mendoza, City Manager ’s Office
F. New City-Related Bills Filed – During the current session of the Texas Legislature,
the Texas Municipal League provides its member cities with summaries of all city-
related bills that have been filed. The attached bill list represents bill summaries of
city-related bills filed in the last week. Staff is actively reviewing these proposed bills
to evaluate their potential impact and develop strategies to engage in outreach with the
legislature and our local delegation prior to and during the upcoming session.
Questions regarding any piece of legislation or to receive the full text of legislation,
please contact Ryan Adams or Rachel Ba lthrop Mendoza. Staff contact: Ryan Adams,
Customer Service and Public Affairs
G. Eviction Prevention Update – On Tuesday, March 2, Denton County Commissioner’s
Court approved the provision of Emergency Rental Assistance funding through a
continuation of the Eviction Prevention programming that United Way of Denton
County (UWDC) facilitated over the course of the COVID-19 pandemic from March
2020 to January 2021. Their network of eviction prevention agencies across Denton
County are currently in the process of signing and returning memoranda of
understanding to their staff, and eviction prevention case managers and specialists will
begin submitting applications for rental and utility aid soon.
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If community members are in need of rental or utility aid, or a landlord is seeking help
with unpaid rents, please send them to complete the Tenant or Landlord screening
webforms at www.UnitedWayDenton.org/Eviction-Prevention. Staff contact: Sarah
Kuechler, City Manager’s Office
H. Doing Business with Local Government Workshop – On March 18, 2021, staff from
Economic Development and Procurement and Compliance will participate as panelists
in an online workshop about doing business with local governments and state agencies
hosted by the Denton Black Chamber of Commerce. This free, two-hour workshop
will cover vendor registration, the procurement process, contracts, and available
resources. Preregistration is required, please visit http://bit.ly/dentonsmallbiz to
register. A flyer with additional details is attached. Staff Contact: Kay Patrick,
Economic Development and Doritha Cunningham, Procurement and Compliance
I. Finance Investment Policy Certification – The Finance Department’s Investment
Policy 403.06 was awarded the Certificate of Distinction letter (attached) from the
Government Treasurers of Texas (GTOT) organization. GTOT permits governmental
entities to biennially submit investment policies to its Policy Review Committee. The
GTOT committee awards an estimated 35 distinction letters annually, which the City
has received seven times since 1999. The organization’s policy certification program
reviews the below criteria pertinent to meet the Public Funds Investment Act ’s
standards and requirements.
• Policy Statement
• Scope
• General Objectives
• Prudent Person Rule
• Capability of Investment Management
• Ethics Disclosure & Conflict of Interest
Staff cont act: Randee Klingele, Finance
J. Environmentally Sensitive Primer – The Denton Development Code directs
development to consult an Environmentally Sensitive Areas (ESAs) Criteria Manual
for more information on how to preserve and protect ESAs within the city. In 2019
staff prepared a document, which was subsequently reviewed and discussed at the
Committee on the Environment, presented at developer’s forums, and the draft was
published for public comments. Comments were incorporated and the final document
published to the city’s website at https://www.cityofdenton.com/en-
us/business/commercial-services/business-watershed-protection/environmentally-
sensitive-areas. Among the suggest ions received was changing of the name from a
criteria manual to a primer due to the guidance nature of the document. Links to this
webpage will be provided from the Land Development webpage, as well as other
strategic website locations. Staff Contact: Deborah Viera, Environmental Services
K. North Lakes Recreation Center Roof – North Lakes Recreation Center will have a roof
replacement beginning Monday, March 8, as part of regularly scheduled maintenance.
The roofing project will impact classes and programs for three to five weeks. Staff
will announce the relocation and rescheduling of programming later. Staff contact:
Alicia McDaniel, Parks and Recreation
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L. Senior Center Activities – Parks and Recreation staff continue to offer various virtual
activities for Seniors. Current offerings include daily exercise videos posted on the
Senior Center’s Facebook page and in-person classes at North Lakes Recreation
Center. The Senior Center staff host weekly activities such as a drive -up-pick-up on
Monday where Seniors may receive their choice of books, puzzles, and craft kits,
Tuesday Tea discussions, and Friday Bingo via Zoom.
Additionally, Senior Center staff and volunteers operate a chat phone line on Mondays
and Thursdays, where Seniors can call in just to talk. Senior Center staff continue to
make well-check calls to members. Other departmental offerings include Pickleball at
North Lakes Rec Center, Keep Denton Beautiful volunteer workdays, Bowling Green
Community Garden plots, and the golf driving range.
Staff released the Denton Senior Magazine via email and social media on Saturday,
February 27. This week, the magazine reached 41,196 people through social media.
The magazine was emailed to 5,116 addresses with a 34 percent open rate compared
to the 16 percent industry average. Most are reading the magazine on a tablet/iPad.
Public Affairs is currently redesigning the publication for print and will distribute by
mail to all 50+ households in Denton. A PDF of the magazine is attached. It is
available online here.
At the request of the Senior Center Advisory Council members, staff shares weekly
updates related to departmental initiatives and City Council and Park Board meeting
reminders. Additional information related to access and involvement in all public
meetings has been shared via the City’s website. Staff contact: Megan Thomas, Parks
and Recreation
M. St. Patrick ’s Day – For the first time, Parks and Recreation is offering a free St.
Patrick’s Day event that encourages families to get outside and explore the parks.
Treasure chests will be hidden in different parks each day from March 10-17. These
treasure chests will have instructions and trinkets that must be taken to North Lakes
Rec Center and redeemed for a basket of goodies (including a Yeti). There will be two
to three treasure boxes hidden each day. Staff will post maps and daily clues on Denton
Parks & Rec’s Facebook page, www.facebook.com/dentonparksnrec. Staff contact:
Jennifer Eusse, Parks and Recreation
N. Easter Eggstravaganza – Parks and Recreation is excited to offer a variety of services
for residents to celebrate Easter safely this year. In lieu of the annual Easter
Eggstravaganza, which entailed a festival and free egg hunt, PARD will offer residents
an opportunity to register for deliveries of Easter-themed yard signs and filled Easter
baskets for children. Deliveries will begin Monday, March 29, and continue through
Friday, April 2. Pricing for the yard card and basket combination is $20. Parents can
opt to pick up Easter baskets for $10 at North Lakes Recreation Center between
Monday, March 29, through Friday, April 2.
PARD is also offering Zoom bunny calls on Saturday, March 27, and Sunday,
March 28, for families who are not quite ready to leave the house.
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Lastly, PARD will offer free bunny visits in various parks between Monday, March 29
through Friday, April 2, from 4 p.m. to 5 p.m. each day. The bunny will be stationary,
and children will remain six feet from the bunny. We will offer free bunny inflated
balloons and candy-filled eggs for children in the park during these visits. Staff
contact: Jennifer Eusse
O. Electrical Work in Quakertown Park – On March 3, C&G Electrical began work to
supply electricity to the new restroom in Quakertown Park. During the installation
process, park users can expect an interruption of electricity for up to three weeks due
to the scale of work. Interruptions in electricity include outdoor electrical outlets and
lighting within the park. Please see the attached map for more information. Staff
contact: Craig Arrington, Parks and Recreation
P. PLAY in the Park Spring Break – In place of standard Spring Break camps, Parks and
Recreation is offering a free outdoor, family program called PLAY in the Park. Staff
will go to different parks around Denton and have socially distanced activities for all
the kiddos to enjoy. These are all come-and-go times. See below for our full list of
parks, times, and events! The schedule is below. Staff contact: Gary Packan, Parks
and Recreation
Monday, March 8
10 a.m.-noon | Inflatable Games at Quakertown
3–5 p.m. | Inflatable Games at Quakertown Park
Tuesday, March 9
10 a.m.-noon | Counselor Scavenger Hunt at South Lakes Park
3–5 p.m. | Field Day at North Lakes Park
Wednesday, March 10
10 a.m.-noon | Field Day at Mack Park
3–5 p.m. | Counselor Scavenger Hunt at Mack Park
Thursday, March 11
10 a.m.-noon | Obstacle Course at MLK Jr. Park
3–5 p.m. | Crafts at Fred Moore Park
Friday, March 12
10 a.m.-noon| Crafts at North Lakes Park
5–7 p.m. | Glow Dance Party at South Lakes Park
Monday, March 15
10 a.m.-noon | Obstacle Course at Mack Park
3–5 p.m. | Denton Spider-Man at MLK Jr. Park
Q. Status of Aquatics Summer Hiring – Mayor Hudspeth asked Parks and Recreation for
an update on summer hiring for aquatics. The Aquatics Division posted job
announcements for seasonal positions for the Summer 2021 season in January. Human
Resources posts the jobs on the City’s website, Denton Record-Chronicle,
GovernmentJobs.com, SimplyHired.com, Indeed.com, and the local college job
boards.
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There are currently 40 active seasonal employees hired as of February 25.
Approximately 300 employees are needed to staff all normal summer aquatics
operations fully. The average return rate for summer seasonal staff is between 40 to
60 percent. However, many former seasonal staff sought other employment with the
closure of the pools for the 2020 season due to COVID-19. Therefore, the rate of return
is expected to be much lower this year.
Aquatics staff are working on a social media campaign to increase awareness of the
positions and enco urage more applicants. Staff also reached out to Denton ISD water
polo and swim teams to recruit applicants. Additionally, the Natatorium offers in-
house lifeguard certification courses and use these classes as a recruitment source.
Registration for these training classes has been co nsistent with pre-COVID years.
COVID had decreased the current number of applicants. However, staff expects to see
an increase during DISD and college spring breaks and is optimistic the pools can be
fully staffed. Staff contact: John Whitmore, Parks and Recreation
R. Homes Built in ETJ – On February 1, Council Member Armintor requested
information on the number of new homes that have been built in the past 5 years within
the City’s ETJ. There have been 257 new homes permitted in the ETJ since 2016 (174
single family, 82 manufactured homes, and 1 four -plex) built in 70 different
subdivisions. There were 6 new homes built that were not part of a subdivision but
under a non-annexation agreement. Staff contact: Charlie Rosendahl, Development
Services
S. Vehicle Noise Enforcement – On March 2, Council Members received an email from
a resident regarding the enforcement of vehicle noise complaints. Earlier that day, the
resident called Denton Public Safety Communications to report passing vehicles
playing loud music with bass on South Bradshaw Street. After 10 minutes in the area,
the responding officer was unable to locate any offending vehicles and spoke with the
resident about his concerns.
A review of call data since January 1, 2020, shows Denton Public Safety
Communications has received approximately 242 noise complaint calls on South
Bradshaw Street, all from either the resident or an anonymous male caller. No other
callers have reported noise complaints on this street within this timeframe. Since
February 1, 2021, officers have been dispatched to 10 noise complaint calls from the
resident, and no offending vehicles were located. Several officers, including police
department leadership, have remained in the area after a call and heard no loud bass.
Directed patrols of the area also have not resulted in officers locating offending
vehicles.
Staff also received numerous Engage Denton requests and comments from the resident
about this issue. Because the platform is not monitored 24/7, staff requested the
resident call the non-emergency line for in-progress service requests of this nature so
an officer can be dispatched. When received, vehicle description information is
provided to the Police Department.
Denton PD will continue to respond to noise complaints and search for offending
vehicles as calls are received. When a vehicle is located, officers will counsel or issue
a citation on a case-by-case basis. Additionally, Community Resource Officer Tony
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Cunningham is initiating community outreach to promote good neighbor practices,
such as respectful volumes when traveling through a neighborhood. Staff contact:
Frank Dixon, Police
T. Hickory Creek and Ryan Road Project Schedules -During the March 2 City Council
meeting, Council Member Ryan requested information on the tim ing of the Hickory
Creek Road Phase 2 Project with the Ryan Road Widening Project.
• Hickory Creek: The Hickory Creek Road Phase 2 Project is a 1.3-mile
roadway widening project that extends from Teasley Lane (FM-2181) to
Riverpass Drive. Construction began in the first quarter of calendar year 2020
and is scheduled to be complete by the first quarter of 2022.
• Ryan Road: The Ryan Road Reconstruction Project will widen the 2-mile
stretch of Ryan Road from Teasley Lane (FM-2181) to Country Club Road
(FM-1830). The City Council approved a contract to develop the 30% design
documents for Ryan Road at the February 23 City Council meeting . As a
companion effort, staff is working with a consultant to develop solicitation
documents to deliver this project using the construction manager at risk project
delivery methodology. The 30% design documents and solicitation for a
construction manager at risk should be ready for advertisement by the third
quarter of 2021. Staff intends to select a construction manager at risk fo r the
Ryan Road project by the end of calendar year 2021 and will finalize the
project design after their selection. Construction on the Ryan Road
Reconstruction Project will not begin until late calendar year 2022, several
months after the Hickory Creek Road Phase 2 Project is scheduled to be
completed.
Below is a map outlining the extents of the Hickory Creek Road Phase 2 and Ryan
Road Reconstruction Project. Staff contact: Dustin Draper, Trevor Crain, and Rachel
Wood, Capital Projects
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U. Morse Street Expansion - On March 2, City Council asked for clarification regarding
the Morse Street Improvement project during the Capital Projects Update work session
presentation. The original intent of this project was for design, right -of-way
acquisition, and construction in the amount of $2,900,000 to fully convert this
roadway to a four-lane divided secondary arterial street. Currently, the segment of
Morse Street between Loop 288 and Kimberly Drive is a four -lane divided roadway
and the original project intended to widen the segment of Morse Street between
Kimberly Drive and Mayhill Road from an existing three-lane segment to a four-lane
segment. In May 2018, Council approved the transfer of $250,000 from the FM-1830
and US 377 projects and $220,000 in aggregate of other capital improvement projects
into the Morse Street Expansion project, raising the Morse Street Expansion funding
total to $3,370,000.
Subsequently, the scope of the project has changed and will now maintain the existing
street width along Morse Street between Kimberly Drive and Mayhill Road and
reduce/reconstruct the existing four-lane segment to a three-lane roadway between
Loop 288 and Kimberly Drive for a total of $600,000. Since the Morse Street project
scope changed, staff recommended a reallocation of funding to a project that was
moving to construction and would be completed faster than the Morse Street project .
On July 23, 2020, The Bond Oversight Committee approved the reallocation of
$2,600,000 in funding from the Morse Street Expansion Pro ject to the Hickory Street
from Welch to Carroll Project. Staff is currently in the process of refining the scope
for this project and evaluating funding options. On February 11, 2021 the Project
Manager met with Design Engineering Firm, Burgess & Niple to discuss possible cost
saving re-scoping measures. A subsequent meeting with Streets and Capital Projects
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Leadership is scheduled for March 12 to review these options and determine a plan
forward. Staff contacts: Robin Davis, Capital Projects and Casey Ogd en, Finance
V. City Sponsorship Information – On March 4, Council Member Meltzer requested
information about the City’s Sponsorship Program. The Community Partnership
Committee (CPC) oversees two programs for the City: 1) Hotel Occupancy Tax and
2) Sponsorships. Current FY2020-21 is completed and closed. The CPC will have its
first meeting March 18, 2021 and approve 2022 applications for distribution in April.
Both program 2022 applications will be distributed by email and posted to the City’s
website once approved by the CPC. Applicants will have three weeks to submit
applications before the May deadline. Applicants will be applying for funds available
for FY2021-22. The estimated programs timeline is illustrated below. Staff contact:
Randee Klingele, Finance
III. Upcoming Community Events and Meetings
A. None
IV. Attachments
A. Mask Required Signs ........................................................................................ 11
B. New Bill List Posting for March 5 .................................................................... 14
C. Doing Business with Local Government Flyer .................................................. 59
D. GTOT Policy Distinction Letter ........................................................................ 60
E. Denton Senior Magazine .................................................................................. 68
F. Quakertown Park .............................................................................................. 69
V. Informal Staff Reports
A. 2021-013 Hickory Creek Interceptor Archeo logical Findings............................ 70
B. 2021-014 Criminal Trespass ............................................................................. 75
C. 2021-015 Domestic Violence ............................................................................ 83
D. 2021-016 HRV and Stoke Annual Report ......................................................... 88
VI. Council Information
A. Council Requests for Information .................................................................... 99
B. Council Calendar ........................................................................................... 101
C. Draft Agenda for March 16 ............................................................................. 104
D. Future Work Session Items ............................................................................ 114
E. Street Construction Report ............................................................................. 115
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CITY-RELATED BILLS FILED (POSTED 3/5)
(Editor’s Note: You will find all of this session’s city-related bill summaries online
at https://www.tml.org/319/Legislative-Information.)
PROPERTY TAX
H.B. 2212 (Muñoz) – Appraisal District: would, among other things, provide that: (1) an
appraisal district is governed by a board of five directors; (2) one director is elected from each of
the four commissioners precincts of the county for which the appraisal district is established; (3)
the county assessor-collector is a director by virtue of the person’s office; (4) if the county
assessor-collector is ineligible to serve pursuant to a contract, the appraisal district is governed
by the four directors elected from the commissioners precincts and a director elected from the
county at large; and (5) the directors other than the county assessor-collector are elected at the
general election for state and county officers and serve two-year terms beginning on January 1 of
odd-numbered years.
H.B. 2288 (White) – Property Tax Appraisal: would repeal the additional property taxes
imposed as a result of the sale or change in the use of land appraised as agricultural or open-
space land. (See H.J.R. 106, below.)
H.B. 2311 (Krause) – Appraisal Cap: would: (1) would reduce the property tax appraisal cap
on residence homesteads from ten to five percent; and (2) impose a ten percent appraisal cap on
the appraised value of a single-family residence other than a residence homestead. (See H.J.R.
108, below.)
H.B. 2342 (Zwiener) – Property Tax Installment Payments: would authorize an individual to
pay a taxing unit’s property taxes imposed on the individual’s residence homestead in four equal
installments.
H.B. 2403 (Krause) – Appraisal District: would provide that, for an appraisal district
established in a county with a population of 120,000 or more, the governing body of each taxing
unit entitled to cast at least five percent of the total votes must determine its vote on members of
the appraisal district board of directors by resolution adopted at the first or second open meeting
of the governing body that is held after the date the chief appraiser delivers the ballot to the
presiding officer of the governing body, and that the governing body must submit its vote to the
chief appraiser not later than the third day following the date the resolution is adopted.
H.B. 2413 (Shine) – Property Tax Appraisal: would, among other things, authorize a property
owner to bring suit to compel an appraisal district, chief appraiser, or appraisal review board to
comply with a procedural requirement applicable to a property tax protest. (Companion bill
is S.B. 449 by Hancock.)
H.B. 2425 (Murr) – Property Tax Appraisal: would make land subject to certain predation
management activities eligible for appraisal as qualified open-space land for property tax
purposes on the basis of its use for wildlife management.
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H.B. 2429 (Meyer) – Property Tax Rate Notice: would, for a city with a population of less
than 30,000 that is not required to hold a tax rate election and for which the qualified voters may
not petition to hold an election, establish alternate provisions for notice of the property tax rate
when the de minimis tax rate of the city exceeds the voter-approval tax rate.
H.B. 2489 (Cook) – Property Tax Appraisal: would provide that if the appraised value of a
residence homestead is lowered as a result of an agreement between the property owner and the
appraisal district or as a result of a protest or appeal, the chief appraiser may not increase the
appraised value of the property in any of the three tax years following the tax year in which the
appraised value is lowered to an amount that exceeds the lesser of: (1) the market value of the
property for the tax year; or (2) the sum of: (a) the appraised value of the property for the tax
year in which the value is lowered; and (b) the market value of each new improvement made to
the property in any of those three tax years, as determined for the tax year in which the
improvement is made.
H.B. 2535 (Sanford) – Property Tax Appraisal: would provide that, in determining the market
value of real property, the chief appraiser shall analyze the effect of that value on, and exclude
from that value the value of, any improvements used for the noncommercial production of food
for personal consumption.
H.J.R 106 (White) – Property Tax Appraisal: would amend the Texas Constitution to repeal
the provision that subjects land designated for agricultural use to an additional tax when the land
is diverted to a purpose other than agricultural use or sold. (See H.B. 2288, above.)
H.J.R. 108 (Krause) – Appraisal Cap: would amend the Texas Constitution to authorize the
legislature to: (1) reduce the property tax appraisal cap on residence homesteads from ten to five
percent; and (2) impose a ten percent appraisal cap on the appraised value of a single-family
residence other than a residence homestead. (See H.B. 2311, above.)
S.B. 742 (Birdwell) – Installment Payments in Disaster Area: would provide that, for a
property in a disaster area that has not been damaged as a result of a disaster, the governing body
of a taxing unit may authorize a person to pay the taxing unit’s property taxes in four equal
installments without penalty or interest if the first installment is paid before the delinquency date
and is accompanied by notice to the taxing unit that the person will pay the remaining taxes in
three equal installments.
S.B. 794 (Campbell) – Disabled Veteran Property Tax Exemption: would modify the
eligibility for a homestead property tax exemption for a totally disabled veteran to a disabled
veteran who “has been awarded by” the United States Department of Veterans Affairs 100
percent disability compensation, instead of a disabled veteran who “receives from” the United
States Department of Veterans Affairs 100 percent disability compensation.
S.B. 887 (Eckhardt) – Homestead Exemption: would: (1) authorize the governing body of a
taxing unit, in the manner provided by law for official action by the body, to adopt a local option
property tax exemption of either a percentage or a portion, expressed as a dollar amount, of the
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appraised value of an individual’s homestead, but not both; and (2) provide that if the governing
body adopts a local option homestead exemption of a dollar amount of the appraised value of a
residence homestead, the amount of the exemption in a tax year may not be less than $5,000.
(See S.J.R. 42, below.)
S.J.R. 42 (Eckhardt) – Homestead Exemption: would amend the Texas Constitution to
authorize the governing body of a political subdivision to exempt from property taxes a portion,
expressed as a dollar amount not less than $5,000, of the market value of the residence
homestead of a married or unmarried adult, including one living alone. (See S.B. 887, above.)
PUBLIC SAFETY
H.B. 9 (Klick) – Obstructing Highway: would provide that it is a state jail felony if, in
committing the offense of obstructing a highway or other passageway, the actor knowingly: (1)
prevents the passage of an authorized emergency vehicle that is operating the vehicle’s
emergency audible or visual signals; or (2) obstructs access to a hospital or other health care
facility that provides emergency medical care.
H.B. 2105 (Dutton) – Firearms: would provide that a person commits a criminal offense if the
person is carrying a partially or wholly visible firearm other than a handgun and the person
intentionally: (1) refuses to give the person’s name, address, or date of birth to a peace officer
who requests the information; or (2) gives a false or fictitious name, address, or date of birth to a
peace officer who has requested the information.
H.B. 2106 (Perez) – Credit Card Fraud: would, among other things: (1) provide that a law
enforcement agency or the financial crimes intelligence center may disclose information
regarding the discovery of a credit card skimmer—which would otherwise be confidential—to
the public if the law enforcement agency or the chief intelligence coordinator for the center
determines that the disclosure of the information furthers a law enforcement purpose; (2) remove
the provision from law that allows law enforcement agencies or other governmental agencies
designated by the attorney general to collaborate with the attorney general to establish a payment
fraud fusion center; (3) provide that the Department of Public Safety may enter into agreements
with law enforcement agencies or other governmental agencies for the operation of the financial
crimes intelligence center; (4) provide that information a law enforcement agency or other
governmental agency collects and maintains under an agreement entered into with DPS in (3) is
the intellectual property of the center and on termination of the agreement, the contracting
agency shall transfer the information to DPS in accordance with the terms of the agreement; and
(5) provide that the center may, among other things, provide training and educational
opportunities to law enforcement.
H.B. 2143 (Rodriguez) – Sporting Rifle: would allow a city with a population of 600,000 or
more to regulate the carrying of a partially or wholly visible modern sporting rifle on or about a
person in a public place.
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H.B. 2150 (Allison) – Obstructing a Highway: would increase the criminal penalty for
obstructing a highway or other passageway from a Class B misdemeanor to a felony of the third
degree.
H.B. 2154 (Dutton) - Training: would create the officer training advisory committee to conduct
a study of the Texas Commission on Law Enforcement’s training programs that are established
and maintained for individuals seeking to be peace officers, county jailers, school marshals,
public security officers, and telecommunicators.
H.B. 2170 (Raymond) – Autopsy Reimbursement: would, among other things, provide that the
head of a law enforcement agency may use any portion of the gross amount credited to the
agency’s special fund from money received under the felony forfeiture process to reimburse a
county commissioners court for the reasonable costs of transporting a body for the purpose of an
autopsy.
H.B. 2232 (Bucy) – Alcohol Sales: would authorize: (1) a local option election to be held on the
proposition of whether to prohibit or legalize the sale of liquor for off-premise consumption on
Sunday; and (2) in an area where the sale on Sunday of liquor for off-premises consumption has
been approved by local option election: (a) the holder of a package store permit to sell, offer for
sale, or deliver liquor on Sunday between 10 a.m. and 9 p.m.; (b) the holder of a wholesaler's
permit to sell, offer for sale, or deliver liquor to a retailer anytime on Sunday; and (c) the holder
of a local distributor's permit to sell, offer for sale, or deliver liquor to a retailer on Sunday
between 5 a.m. and 9 p.m.
H.B. 2233 (Ramos) – Cite and Release Policies: would, among other things, provide that: (1)
the Bill Blackwood Law Enforcement Management Institute of Texas and the Caruth Police
Institute shall, in consultation with other appropriate entities, including law enforcement
agencies, jointly develop, adopt, and disseminate to law enforcement agencies a model policy
and associated training materials regarding the issuance of citations in lieu of arrest for
misdemeanors; (2) each law enforcement agency shall adopt, implement, and as necessary
amend a detailed written policy regarding the issuance of citations in lieu of arrest for
misdemeanors, provided that such policy meets the applicable requirements of the model policy;
and (3) not later than September 1 of each even-numbered year, each law enforcement agency
shall review its adopted policy and modify the policy as appropriate.
H.B. 2302 (White) – False Statement Offense: would provide that: (1) a peace officer commits
an offense if the officer files a report with the law enforcement agency employing the officer
regarding the commission or investigation of an offense and intentionally or knowingly makes a
false statement in the report; and (2) an offense described in (1), above, is a Class A
misdemeanor, except it is not an offense if the peace officer attributes the false statement to
another person in the report.
H.B. 2334 (Crockett) – Crowd Control: would provide that: (1) a peace officer may not use a
less lethal device, including a less lethal chemical device or a less lethal projectile as a means to:
(a) control the activity or movement of a nonviolent gathering of persons; or (b) disperse persons
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engaging in speech or expressive conduct protected by the United States Constitution or Texas
Constitution; and (2) each law enforcement agency in this state shall adopt a policy that prohibits
a peace officer employed by the agency from using less lethal devices for a purpose prohibited
under (1), above.
H.B. 2353 (Neave) – Evidence of Sexual Assault: would require a law enforcement agency that
fails to submit evidence it receives of a sexual assault or other sex offense to a public accredited
crime laboratory for analysis within 30 days to provide to the Department of Public Safety
written documentation of the failure, including a detailed explanation for the failure.
H.B. 2358 (Reynolds) – False Statement Offense: would provide that, if it is shown on the trial
of an offense of making a false statement to a law enforcement officer that the false statement
consisted of an allegation that another person engaged in conduct violating the Penal Code, the
offense is the greater of: (1) the category of offense of the most serious offense falsely reported;
or (2) a Class A misdemeanor.
H.B. 2362 (Harris) – Law Enforcement Funding: would:
1. characterize a “defunding local government” as a city or county: (a) that adopts a budget for a fiscal year
that, in comparison to the local government’s preceding fiscal year, reduces: (i) the appropriation to the
local government’s law enforcement agency; (ii) the number of peace officers the local government’s
law enforcement agency is authorized to employ; (iii) funding for peace officer overtime compensation
for the local government’s law enforcement agency; or (iv) funding for the recruitment and training of
new peace officers to fill each vacant peace officer position in the local government’s law enforcement
agency; and (b) for which the criminal justice division of the governor’s office issues a written
determination finding that the local government has taken an action described by (a), above;
2. provide that in making a determination of whether a local government is a “defunding local
government” according to the budget adopted for the first fiscal year beginning on or after September
1, 2021, the criminal justice division of the governor’s office shall compare the funding and personnel in
that budget to the funding and personnel in the budget of the preceding fiscal year or the second
preceding fiscal year, whichever is greater;
3. provide that a local government is considered a defunding local government until the criminal justice
division of the governor’s office issues a written determination finding that the local government has
reversed the inflation‐adjusted reductions described in Number 1(a), above;
4. require the criminal justice division of the governor’s office to: (a) compute the inflation rate used to
make determinations under Number 3, above, each fiscal year using a price index that accurately
reports changes in the purchasing power of the dollar for local governments in this state; and (b) publish
the inflation rate in the Texas Register;
5. prohibit a defunding local government’s total expenditures from all available sources of revenue in a
fiscal year from exceeding the local government’s total expenditures from all available sources of
revenue in the fiscal year immediately preceding the fiscal year during which the criminal justice
division of the governor’s office issued the written determination declaring the local government to be a
defunding local government;
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6. provide that a local government is no longer considered to be a defunding local government when the
criminal justice division of the governor’s office issues a written determination finding that the local
government has reversed the reductions described by Number 1(a), above; and
7. provide that revenue received from the issuance of bonds approved by voters or from a grant, donation,
or gift is not considered an available source of revenue for purposes of the expenditure limitation in
Number 5, above.
H.B. 2366 (Buckley) – Penal Offenses: would provide, among other things, that: (1) the offense
of directing a light from a laser pointer to a uniformed safety officer, including a peace officer,
security guard, firefighter, emergency medical service worker, or other uniformed municipal,
state, or federal officer is enhanced to: (a) a felony of the third degree if the conduct causes
bodily injury to the officer; or (b) felony of the first degree if the conduct causes serious bodily
injury to the officer; and (2) a person commits an offense if the person explodes or ignites
fireworks with the intent to: (a) interfere with the lawful performance of an official duty by a law
enforcement officer; or (b) flee from a person the actor knows is a law enforcement officer
attempting to lawfully arrest or detain the actor.
H.B. 2402 (Price) – Local Taxes and Fees on Firearms: would, among other things, prohibit a
city from imposing a tax, assessment, fee, or other charge, including an application, license, or
registration fee, on a sale of or an authorization to obtain or possess ammunition, firearms, or
firearm supplies other than a tax, assessment, fee, or other charge specifically authorized by state
law in effect on January 1, 2021.
H.B. 2419 (Shaheen) – Rioting: would provide that: (1) the punishment for certain offenses
related to assault, arson, criminal mischief, criminal trespass, robbery, burglary, and theft, is
increased to the punishment prescribed for the next higher category of offense if it is shown on
the trial of the offense that at the time of the offense the actor was participating in a riot, and (2)
if the offense described in (1), above, is punishable: (a) as a Class A misdemeanor, the minimum
term of confinement for the offense is increased to 180 days; and (b) as a felony of the first
degree, the punishment of that offense may not be increased.
H.B. 2437 (Davis) – Peace Officers’ Oath: would provide that the Texas Commission on Law
Enforcement (TCOLE) shall require each person who passes the required examination for the
issuance of a license as a peace officer or reserve law enforcement officer to sign and submit to
TCOLE a specific oath of office.
H.B. 2438 (Meyer) – Law Enforcement Funding: would:
1. characterize a “defunding local government” as a city or county: (a) that adopts a budget for a fiscal year
that, in comparison to the local government’s preceding fiscal year, reduces: (i) the appropriation to the
local government’s law enforcement agency; (ii) the number of peace officers the local government’s
law enforcement agency is authorized to employ; (iii) funding for peace officer overtime compensation
for the local government’s law enforcement agency; or (iv) funding for the recruitment and training of
new peace officers to fill each vacant peace officer position in the local government’s law enforcement
agency; and (b) for which the criminal justice division of the governor’s office issues a written
determination finding that the local government has taken an action described by (a), above;
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2. provide that in making a determination of whether a local government is a “defunding local
government” according to the budget adopted for the first fiscal year beginning on or after September
1, 2021, the criminal justice division of the governor’s office shall compare the funding and personnel in
that budget to the funding and personnel in the budget of the preceding fiscal year or the second
preceding fiscal year, whichever is greater;
3. provide that a local government is considered a defunding local government until the criminal justice
division of the governor’s office issues a written determination finding that the local government has
reversed the inflation‐adjusted reductions described in Number 1(a), above;
4. require the criminal justice division of the governor’s office to: (a) compute the inflation rate used to
make determinations under Number 3, above, each fiscal year using a price index that accurately
reports changes in the purchasing power of the dollar for local governments in this state; and (b) publish
the inflation rate in the Texas Register;
5. prohibit the governing body of a defunding local government from adopting a property tax rate for the
current tax year that exceeds the lesser of the city’s no‐new‐revenue tax rate or voter‐approval tax rate
for that tax year;
6. provide that, in a tax year in which a city is considered to be a defunding taxing unit, the difference
between the city’s actual tax rate and voter‐approval tax rate for purposes of calculating the city’s
unused increment rate is considered to be zero; and
7. provide that a local government is no longer considered to be a defunding local government when the
criminal justice division of the governor’s office issues a written determination finding that the local
government has reversed the reductions described by Number 1(a), above.
H.B. 2452 (Campos) – Prohibited Motor Vehicle Stops: would provide that each law
enforcement agency shall adopt a policy prohibiting a peace officer of the agency from making a
motor vehicle stop on the shoulder of a controlled access highway.
H.B. 2462 (Neave) – Forensic Medical Examinations: would provide that: (1) if a sexual
assault is reported to a law enforcement agency within 120 hours after the assault, the law
enforcement agency, with the consent of the victim of the reported assault, a person authorized to
act on behalf of the victim, or an employee of the Department of Family and Protective Services,
shall request a forensic medical examination of the victim for use in the investigation or
prosecution of the offense; (2) if a sexual assault is not reported within the period described by
(1), above, on receiving the consent described by (1), above, a law enforcement agency may
request a forensic medical examination of a victim of a reported sexual assault for use in the
investigation or prosecution of the offense if: (a) based on the circumstances of the reported
assault, the agency believes a forensic medical examination would further that investigation or
prosecution; or (b) after a medical evaluation by a physician, sexual assault examiner, or sexual
assault nurse examiner, the physician or examiner notifies the agency that a forensic medical
examination should be conducted; and (3) if a sexual assault is reported to a law enforcement
agency as provided by (1) or (2), above, the law enforcement agency shall: (a) document, in the
form and manner required by the attorney general, whether the agency requested a forensic
medical examination; (b) provide the documentation of the agency’s decision regarding a request
for a forensic medical examination to: (i) the health care facility and the physician, sexual assault
examiner, or sexual assault nurse examiner, as applicable, who provides services to the victim
that are related to the sexual assault; and (ii) the victim or the person who consented to the
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forensic medical examination on behalf of the victim; and (c) maintain the documentation of the
agency’s decision in accordance with the agency’s record retention policies.
H.B. 2464 (Neave) – Grant Funding: would provide that the failure to comply with the
requirements of collection, preservation, and tracking of evidence of a sex offense, including the
analysis of evidence of sexual assault or other sex offenses, may be used to determine eligibility
for receiving grant funds from the Texas Department of Public Safety, the office of the governor,
or another state agency.
H.B. 2496 (Buckley) – Firefighters: would authorize the issuance of specialty license plates for
certain volunteer firefighters and fire protection personnel, and provide that part of the fee for
issuance of the plates be used only by the Texas Commission on Fire Protection to make grants
to an organization of professional firefighters located in Texas that provides emergency relief
and scholarship funds to professional firefighters and their dependents.
H.B. 2517 (Meza) – Suicide Prevention in Jails: would provide, among other things, that the
Commission on Jail Standards (Commission) shall require each municipal jail or lockup to: (1)
provide two hours of training to each jailer or person responsible for the supervision of a person
confined in the jail or lockup on the procedures for identifying, documenting, and handling a
person who is potentially suicidal or has a mental health condition; (2) conduct and document
mental health screenings during the intake process; (3) house in a cell with cameras any person
that is identified as potentially suicidal or who discloses a previous diagnosis for a mental health
condition; (4) regularly check on each person described by (3), above; and (5) report to the
Commission, in the manner prescribed by the Commission, any incident involving the suicide or
attempted suicide of a person confined in the jail or lockup not later than 48 hours after the
incident.
S.B. 737 (Birdwell) – First Responders Carrying Handguns: would: (1) require the public
safety director of the Department of Public Safety to establish a handgun training course for first
responders who hold a license to carry a handgun; (2) prohibit a governmental entity from
adopting a rule or regulation that prohibits a first responder who holds a license to carry a
handgun and has completed the course described in (1) from: (a) carrying a concealed or
holstered handgun while on duty; or (b) storing a handgun on the premises of or in a vehicle
owned or operated by the governmental entity if the gun is properly secured; (3) provide that a
first responder may discharge a handgun while on duty only in self-defense; (4) provide that a
governmental entity that employs or supervises a first responder is not liable in civil action
arising from the discharge of a handgun by a first responder who is licensed to carry a handgun;
(5) provide that the discharge of a handgun by a first responder who is licensed to carry a
handgun is outside the course and scope of the first responder’s duties; and (6) provide that the
new law authorizing the discharge of a firearm by a first responder may not be construed to
waive, under any law, immunity from suit or liability of a governmental entity that employs or
supervises first responders. (Companion bill is H.B. 1069 by Harris.)
S.B. 747 (Miles) – Use of Chemical Devices: would require each law enforcement agency to
adopt a policy prohibiting a peace officer of the agency from using, against a person younger
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than 18 years of age, a chemical device that for the purpose of incapacitating or substantially
diminishing the capacity of a person causes chemical irritation of the eyes, throat, lungs, or skin.
S.B. 748 (Miles) – Radio Communications: would require each law enforcement agency to
make radio communications sent by the agency for a law enforcement purpose readily accessible
to the general public, except for radio communications sent by designated units in the agency
that perform special operations or the gathering and analyzing of information for the purpose of
generating intelligence.
S.B. 752 (Miles) – Alcoholic Beverage Permit: would provide standing to protest certain
alcoholic beverage permit and license applications if a sexually oriented business is to be
operated on the premises covered by the permit and a petition is signed by 50 percent of the
residents who reside within 1,000 feet of any property line of the affected premises.
S.B. 811 (Schwertner) – 911 Good Samaritan: would provide: (1) a defense to prosecution for
certain drug offenses if the actor: (a) was the first person to request emergency medical
assistance in response to the possible overdose of another person and: (i) made the request for
medical assistance during an ongoing medical emergency; (ii) remained on the scene until
medical assistance arrived; and (iii) cooperated with medical assistance and law enforcement; or
(b) was the victim of a possible overdose for which emergency medical assistance was requested
by the actor or by another person during an ongoing medical emergency; (2) exceptions to the
defense in (1) if: (a) at the time the request for emergency medical assistance was made: (i) a
peace officer was in the process of arresting the actor or executing a search warrant describing
the actor or the place from which the request for medical assistance was made, or (ii) the actor
was committing certain other offenses other than one for which the defense is available; (b) the
actor has previously been convicted or placed on deferred adjudication community supervision
for certain offenses; or (c) the actor was acquitted in a previous proceeding in which the actor
successfully used the defense in (1); and (3) that the defense in (1) does not preclude the
admission of evidence obtained by law enforcement resulting from the request for emergency
assistance if that evidence pertains to an offense for which the defense in (1) is not available.
(Companion bill is H.B. 1694 by Raney.)
S.B. 837 (Alvarado) – Licensing Certain Veterans as Peace Officers: would provide that: (1)
a political subdivision, including a city, that commissions and employs peace officers may
commission and employ as a peace officer a legal permanent resident of the United States who is
an honorably discharged veteran of the armed forces of the United States with at least two years
of service before discharge; and (2) the Texas Commission on Law Enforcement (TCOLE) shall
issue a peace officer license to a person who is a legal permanent resident of the United States if
the person: (a) meets the requirements to obtain a license and TCOLE’s rules; and (b) is an
honorably discharged veteran of the armed forces of the United States with at least two years of
service before discharge.
S.B. 842 (Menéndez) – Community-Based Policing: would provide that: (1) as part of the
minimum curriculum requirements, the Texas Commission on Law Enforcement shall establish a
statewide comprehensive education and training program that includes community-based
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policing for peace officers and reserve law enforcement officers; (2) the program described in
(1), above, shall contain a component in which officers and members of the community the
officers serve meet and share their perspectives on issues covered by the training.
S.B. 899 (Alvarado) – Missing Persons: would provide, among other things, that: (1) a law
enforcement agency on receiving a report of a missing child or missing person shall, not later
than the 30th day after receiving the report, enter the name of the child or person into the National
Missing and Unidentified Persons System, with all available identifying features and all
available information describing any person reasonably believe to have taken or retained the
missing child or missing person; (2) a law enforcement agency or the agency’s designee shall,
not later than the 10th working day after the date one or more identifying features of the
unidentified body are determined and reported to the agency or the 30th day after the date the
death is reported to the agency, whichever is earlier, enter all available identifying features of the
unidentified body into the National Missing and Unidentified Persons System; and (3)
immediately after the return of a missing child or missing person or identification of an
unidentified body, the local law enforcement agency having jurisdiction of the investigation shall
notify the National Missing and Unidentified Persons System.
SALES TAX
H.B. 2088 (Julie Johnson) – Street Maintenance Sales Tax: would, in addition to authorizing
certain cities that are members of a subregion of a specific transportation authority to adopt the
street maintenance sales tax up to a maximum local sales tax rate of 2.25 percent at any location
in the city, generally authorize any city to use the street maintenance sales tax to maintain and
repair a city: (1) street or sidewalk; or (2) water, wastewater, or stormwater system located in the
width of a way of a city street.
H.B. 2410 (Dean) – Local Sales Tax Sourcing: would: (1) define “Internet order” as an order
placed by a purchaser through a website, software application, or other method using the Internet
using a computer or mobile device that does not belong to the seller, and provide that the term
does not include an order placed by telephone call, regardless of whether the call is completed
using Voice over Internet Protocol or a mobile device; and (2) provide that, for purposes of the
local sales and use tax, a sale of a taxable item is consummated at the location in this state to
which the item is shipped or delivered or at which possession is taken by the purchaser if the sale
is made through an Internet order.
H.B. 2510 (Noble) – Sales Tax Exemption: would exempt the sale of an animal by a nonprofit
animal welfare organization from sales and use taxes. (Companion bill is S.B. 197 by Nelson.)
S.B. 775 (Nichols) – Sales Tax Exemption: would exempt from sales tax a medical billing
service.
S.B. 778 (Hinojosa) – Sales Tax Reallocations: would authorize a local governmental entity,
including a city, to access the comptroller’s audit reports and audit working papers in the
comptroller’s possession filed by not more than five individual taxpayers doing business in the
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city or local governmental entity that are included and identified by the city or local
governmental entity relating to a sales tax reallocation or refund.
COMMUNITY AND ECONOMIC DEVELOPMENT
H.B. 5 (Ashby) – Broadband Development Office: would, among other things:
1. require the governor’s broadband development council to: (a) research the progress of deployment of
broadband statewide and the purchase of broadband by residential and commercial customers; and (b)
study industry and technology trends in broadband;
2. establish a broadband development office within the comptroller’s office;
3. for purposes of the broadband development office, define “broadband service” as internet service with
the capability of providing: (a) a download speed of 25 megabits per second or faster; and (b) an upload
speed of three megabits per second or faster;
4. authorize the comptroller by rule to adjust the threshold speeds for broadband services defined in
Number 3, above, if the Federal Communications Commission adopts upload or download threshold
speeds for advanced telecommunications capability that are different from those listed in Number 3,
above;
5. require the broadband development office to: (a) serve as a resource for information regarding
broadband service in the state; (b) engage in outreach to communities regarding the expansion and
adoption of broadband service and the programs administered by the office; and (c) serve as an
information clearinghouse in relation to federal programs providing assistance to local entities with
respect to broadband service;
6. require the broadband development office to create, update annually, and publish on the comptroller’s
website a map classifying each designated area in the state as: (a) an eligible area, if fewer than 80
percent of the addresses in the designated area have access to broadband service; or (b) an ineligible
area, if 80 percent or more of the addresses in the designated area have access to broadband service;
7. require the map described in Number 6, above, to display: (a) the number of broadband service
providers that serve each designated area; (b) for each eligible area, an indication of whether the area
has access to Internet service that is not broadband service, regardless of the technology used to
provide the service; and (c) each public school in the state and an indication of whether the area has
access to broadband service;
8. provide that if information available from the Federal Communications Commission is not sufficient for
the broadband development office to create or update the map, the office may request the necessary
information from a political subdivision or broadband service provider, and the subdivision or provider
may report the information to the office;
9. establish a petition process, under which a political subdivision or broadband service provider may
petition the broadband development office to re‐designate designated area on the map as an eligible
area or ineligible area;
10. require the broadband development office to establish a program to award grants, low‐interest loans,
and other financial incentives to applicants for the purpose of expanding access to, and adoption of,
broadband service in designated areas determined to be eligible areas;
11. require the broadband development office to establish and publish eligibility criteria for award
recipients under Number 10, above, limiting grants, loans, and other financial incentives awarded to the
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program for use on capital expenses, purchase or lease of property, and other expenses, including
backhaul and transport that will facilitate the provision or adoption of broadband service;
12. provide that the office may not award a grant, loan, or other financial incentive to a noncommercial
provider of broadband service for an eligible area if a commercial provider of broadband service has
submitted an application for the eligible area;
13. provide that an award granted under the broadband development program does not affect distributions
received by a broadband provider from the state universal service fund;
14. require the broadband development office to prepare, update, and publish on the comptroller’s Internet
website a state broadband plan that establishes long‐term goals for greater access to and the adoption
of broadband service in Texas;
15. require the broadband development office, in developing the state broadband plan, to: (a) to the extent
possible, collaborate with state agencies, political subdivisions, broadband industry stakeholders and
representatives, and community organizations that focus on broadband services; (b) consider the policy
recommendations of the governor’s broadband development council; (c) favor policies that are
technology‐neutral and protect all members of the public; and (d) explore state and regional approaches
to broadband development; and
16. establish the broadband development account in the state’s general revenue fund consisting of: (a)
appropriations of money to the account by the legislature; (b) gifts, donations, and grants, including
federal grants; and (c) interest earned on the investment of the money in the account.
H.B. 1925 (Capriglione) – Camping in Public: would: (1) create a Class C misdemeanor
criminal offense for a person who intentionally or knowingly camps in a public place without the
consent of the officer or agency having the legal duty or authority to manage the public place; (2)
provide that consent given by an officer or agency of a political subdivision is not effective for
the purposes of (1), above; (3) provide that the bill does not preempt an ordinance, order, rule, or
other regulation adopted by a state agency or political subdivision relating to prohibiting
camping in a public place or affect the authority of a state agency or political subdivision to
adopt or enforce an ordinance, order, rule, or other regulation relating to prohibiting camping in a
public place if the ordinance, order, rule, or other regulation: (a) is compatible with and equal to
or more stringent than the offense in (1), above; or (b) relates to an issue not specifically
addressed by the bill; (4) provide that a local entity may not adopt or enforce a policy under
which the entity prohibits or discourages the enforcement of any public camping ban; (5) provide
that, in compliance with (4), a local entity may not prohibit or discourage a peace officer or
prosecuting attorney who is employed by or otherwise under the direction or control of the entity
from enforcing a public camping ban; (6) provide that the attorney general may bring an action
in a district court in Travis County or in a county in which the principal office of the entity is
located to enjoin a violation of (4) and may recover reasonable expenses, including court costs,
reasonable attorney’s fees, investigative costs, witness fees, and deposition costs; (7) provide that
a local entity may not receive state grant funds for the state fiscal year following the year in
which a final judicial determination in an action brought under (6) is made that the entity has
intentionally violated (4), above; and (8) provide that a local entity that has not violated (4) may
not be denied state grant funds, regardless of whether the entity is a part of another entity that is
in violation of (4).
H.B. 2076 (Shaheen) – Property Owners’ Association: would provide that a city in which a
subdivision with a property owners’ association is located shall require the association to file
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with the city a copy of the policy regarding the enforcement of fines assessed by the association,
and provide a copy of the policy to an owner of each property in the subdivision.
H.B. 2251 (Hernandez) – Community Collaborative Program: would provide that the Texas
Department of State Health Services shall require each entity awarded a community
collaborative program grant to leverage additional funding or in-kind contributions from private
sources or local governmental sources in an amount that is at least equal to the amount of the
grant awarded.
H.B. 2261 (Wu) – Municipal Management Districts: would authorize a municipal
management district to establish an improvement project or provide services related to the
construction, acquisition, improvement, relocation, operation, maintenance, or provision of
public education facilities.
H.B. 2323 (Schofield) – Emergency Services Districts: would require an emergency services
district board to remove territory from a district on request of a city, only if the city has secured
an alternative emergency service provider for the portions of territory located in the city’s
extraterritorial jurisdiction.
H.B. 2371 (Shaw) – Affordable Housing: would require that: (1) the pre-application and
application procedures relating to certain applications for housing funds administered by the
Texas Department of Housing and Community Affairs (TDHCA) provide for written notice to
any neighborhood organization that is on record with the state or county in which the
development described in the application is to be located and that has boundaries containing the
proposed development site or has a boundary located not more than one mile from the proposed
site; and (2) TDHCA score and rank certain applications using a point system that considers
quantifiable community participation with respect to the development, evaluated on the basis of
written statements from any neighborhood organization that is on record with the state or county
in which the development is to be located and that has boundaries containing the proposed
development site or has a boundary located not more than one mile from the proposed site.
H.B 2372 (Slaton) – Solar Facility Decommissioning: would, among other things, prohibit: (1)
the governing body of a taxing unit from entering into a tax abatement agreement to exempt a
portion of the value of real property on which a solar facility is located or is planned to be
located during the term of the agreement, or of tangible personal property that is located or is
planned to be located on the real property during that term; and (2) the Public Utility
Commission from authorizing a person who operates a solar facility to interconnect the facility to
the ERCOT transmission grid unless the person has entered into an agreement with the county in
which the facility is located providing that the operator is responsible for decommissioning the
solar facility. (Companion bill is S.B. 829 by Hall.)
H.B. 2394 (Campos) – Homelessness: would: (1) require the Texas Department of Public
Safety to establish and administer a homeless impact grant program to provide grants for the
provision of additional security and sanitation services for homeless individuals in areas for
which a public improvement district has been created; and (2) authorize a city or county that has
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created a public improvement district to apply for and use a grant under the program if: (a) the
district is located in a county with an unsheltered homeless individual count that exceeds 500
according to the most recent point-in-time homeless census; and (b) the services for which the
grant will be made are an authorized public improvement project of the district.
H.B. 2404 (Meyer) – Chapter 380 Economic Development Agreements: would, among other
things:
1. require the comptroller to create and make accessible on the Internet a database, to be known as the
Chapter 380 and 381 Agreement Database, that contains information regarding all city and county
economic development agreements under Chapters 380 and 381 of the Local Government Code,
respectively;
2. for each local economic development agreement described in Number 1, above, the database must
include: (a) the name of the local government that entered into the agreement; (b) a numerical code
assigned to the local government by the comptroller; (c) the address of the local government’s
administrative offices and public contact information; (d) the name of the appropriate officer or other
person representing the local government and that person’s contact information; (e) the name of any
entity that entered into the agreement with the local government; (f) the date on which the agreement
went into effect and the date on which the agreement expires; (g) the focus or scope of the agreement;
(h) an electronic copy of the agreement; and (i) the name and contact information of the individual
reporting the information to the comptroller;
3. require a city to, not later than the seventh day after entering into, amending, or renewing an economic
development agreement under Chapter 380 of the Local Government Code, submit to the comptroller
the information described by Number 2, above, in the form and manner prescribed by the comptroller
in addition to providing a direct link on the city’s website to the location of the agreement information
published on the comptroller’s website;
4. authorize the comptroller to consult with the appropriate officer of, or other person representing, each
local government that enters into a local economic development agreement to obtain the information
necessary to operate and update the database;
5. require the comptroller to enter the relevant information into the database not later than the 15th
business day after the date the comptroller receives the information from the providing local
government;
6. require the information, including a copy of the agreement, to remain accessible to the public through
the database during the period the agreement is in effect;
7. provide that if a local government that enters into a local economic development agreement described
in Number 1, above, does not comply with the requirement to provide information to the comptroller,
the comptroller shall send a written notice to the local government describing the information that must
be submitted to the comptroller and inform the local government that if the information is not provided
on or before the 30th day after the date the notice is provided, the local government will be subject to a
civil penalty of $1,000;
8. provide that if a local government does not report the required information to the comptroller, the local
government is liable to the state for a civil penalty of $1,000 and the attorney general may sue to collect
a civil penalty; and
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9. create a defense to an action brought under Number 8, above that the local government provided the
required information or documents to the extent the information or documents are not exempt from
disclosure or confidential under the Public Information Act.
H.B. 2405 (Rodriguez) – Homeless: would provide that: (1) a city zoning or land use ordinance
may not prohibit a religious organization from using the organization’s facility as housing for
homeless individuals, or from having housing units for the homeless on the organization’s
property; and (2) a city may adopt or enforce an ordinance that imposes reasonable health and
safety regulations on housing for homeless individuals provided on a religious organization’s
property, including requirements that the organization provide electricity and heat for each
housing unit, and at least one kitchen and bathroom on the property. (Companion bill is S.B.
46 by Zaffirini.)
H.B. 2531 (Anderson) – Broadband in State Rights-of-Way: would require the Texas
Transportation Commission to promulgate rules: (1) establishing an accommodation process that
authorizes broadband-only providers to use state highway rights-of-way, subject to highway
purposes, for: (a) new broadband facility installations; (b) additions to or maintenance of existing
broadband facility installations; (c) adjustments or relocations of broadband facilities; and (d)
existing broadband facilities retained within the rights-of-way; and (2) prescribing minimum
requirements for the accommodation, method, materials, and location for the installation,
adjustment, and maintenance of broadband facilities under the accommodation process.
(Companion bill is SB 507 by Nichols.)
S.B. 5 (Nichols) – Broadband Development Office: would, among other things:
1. require the existing governor’s broadband development council to: (a) research the progress of
deployment of broadband statewide; and (b) study industry and technology trends in broadband;
2. establish the state broadband development office within the University of Texas System;
3. for purposes of the state broadband development office, define “broadband service” as internet service
provided directly to end user retail customers and capable of providing: (a) a download speed of 25
megabits per second or faster; and (b) an upload speed of three megabits per second or faster;
4. require the state broadband development office to: (a) serve as a resource for information regarding
broadband service in the state; and (b) engage in outreach to communities regarding the expansion and
adoption of broadband service and the programs administered by the office;
5. establish a board of advisors for the state broadband development office consisting of 11 appointed
members;
6. require the office to create, update annually, and publish on the office’s website a map designating each
census block in the state as: (a) an eligible area, if fewer than 80 percent of the addresses in the block
have access to broadband service; or (b) an ineligible area, if 80 percent or more of the addresses in the
block have access to broadband service;
7. require the map described in Number 6, above, to display: (a) the number of broadband service
providers that serve each census block; and (b) for each eligible area, an indication of whether the area
has access to Internet service that is not broadband service, regardless of the technology used to
provide the service;
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8. provide that if information available from the Federal Communications Commission is not sufficient for
the office to create or update the map, the office may request the necessary information from a political
subdivision or broadband service provider, and the subdivision or provider must report the information
to the office;
9. establish a petition process, under which a political subdivision or broadband service provider may
petition the office to re‐designate a census block on the map as an eligible area or ineligible area;
10. require the office to establish a program to award grants, low‐interest loans, and other financial
incentives to applicants for the purpose of expanding access to, and adoption of, broadband service in
census blocks determined to be eligible areas;
11. require the office to establish and publish eligibility criteria for award recipients under Number 10,
above, limiting grants, loans, and other financial incentives awarded to the program for use on capital
expenses, purchase or lease of property, and other expenses, including backhaul and transport that will
facilitate the provision or adoption of broadband service;
12. provide that the office may not: (a) favor a particular broadband technology in awarding grants, loans,
or other financial incentives; (b) award grants, loans, or other financial incentives to a broadband
provider that does not report information requested by the office; (c) award a grant, loan, or other
financial incentive to a noncommercial provider of broadband service for an eligible area if a commercial
provider of broadband service has submitted an application for the eligible area; or (d) take into
consideration distributions from the state universal service fund when deciding to award grants, loans,
or other financial incentives;
13. provide that an award granted under the broadband development program does not affect distributions
received by a broadband provider from the state universal service fund; and
14. establish the broadband development account in the state’s general revenue fund consisting of: (a)
appropriations of money to the account by the legislature; (b) gifts, donations, and grants, including
federal grants; and (c) interest earned on the investment of the money in the account.
S.B. 796 (Schwertner) – Homeless Shelters: would provide that: (1) a city shall hold a public
hearing concerning a property that it proposes to: (a) purchase for the purpose of housing
homeless individuals; or (b) convert for the purpose of housing homeless individuals; (2) the
hearing must be held before the city approves the purchase or conversion; (3) notice of a
hearing shall be provided to every residence located within two miles of the property that is
proposed to be: (a) purchased for the purpose of housing homeless individuals; or (b) converted
for the purpose of housing homeless individuals; (4) notice must be delivered via certified mail
not later than 36 hours before the hearing begins; and (5) an individual who is entitled to notice
may petition a district court in the county in which the property is located for injunctive relief if a
city fails to comply with the required process.
S.B. 804 (Menéndez) – Tourism Public Improvement Districts: would: (1) authorize a city
council to include property in a tourism public improvement district after establishment of the
district if: (a) the property is a hotel; and (b) a sufficient number of the record owners of the real
property currently included and proposed to be included in the district have consented to be
included in the district by signing the original petition to establish the district or by signing a
petition or written consent to include property in the district; and (2) provide that for purposes of
(1)(b), above, the number of consenting record owners is sufficient if the record owners own
more than 60 percent of the appraised value of taxable real property liable for assessment in the
district and: (a) constitute more than 60 percent of all record owners of taxable real property
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liable for assessment in the district; or (b) own, in aggregate, more than 60 percent of the area of
all taxable real property liable for assessment in the district.
S.B 829 (Hall) – Solar Facility Decommissioning: would, among other things: (1) prohibit the
governing body of a taxing unit from entering into a tax abatement agreement to exempt a
portion of the value of real property on which a solar facility is located or is planned to be
located during the term of the agreement, or of tangible personal property that is located or is
planned to be located on the real property during that term; and (2) prohibit the Public Utility
Commission from authorizing a person who operates a solar facility to interconnect the facility to
the ERCOT transmission grid unless the person has entered into an agreement with the county in
which the facility is located providing that the operator is responsible for decommissioning the
solar facility. (Companion bill is H.B. 2372 by Slaton.)
S.B. 848 (Blanco) – Transfer of Real Property: would: (1) for an entity and a city that have
entered into an economic development agreement under Chapter 380 of the Local Government
Code, authorize a city to transfer to an entity real property or an interest in real property; (2)
provide that consideration for a transfer authorized in (1), above, is in the form of an agreement
between the parties that requires the entity to use the property in a manner that primarily
promotes a public purpose of the city relating to economic development; (3) require an economic
development agreement involving the transfer of real property to include provisions under which
the city is granted sufficient control to ensure that the public purpose is accomplished and the
city receives the return benefit; (4) prohibit a city from transferring for consideration real
property or an interest in real property the city owns, holds, or claims as a public square or park;
(5) require a city, before making a transfer under an economic development agreement, to
provide notice to the general public in a newspaper of general circulation in the county in which
the property is located, or if there is no such newspaper, by any means for the city to provide
specific public notice authorized by statute or by ordinance of the city; and (6) provide that a city
may transfer real property acquired by the city from the previous owner by the exercise of
eminent domain authority or the threat of the exercise of eminent domain authority in a Chapter
380 economic development agreement only if: (a) the city offers the previous owner an
opportunity to repurchase the real property at the current market value and the previous owner
declines; or (b) the city cannot locate the previous owner with reasonable effort.
ELECTIONS
H.B. 2059 (Bucy) – Runoff Election Date: would: (1) set a runoff election date on the first
Saturday after the 27th day after the date of the main election; and (2) repeal current state law that
allows a runoff election date later than the 45th day after the date the final canvass of the main
election is completed, if prescribed by a home-rule city charter.
H.B. 2060 (Bucy) – Early Voting by Mail: would provide that an application for a ballot to be
voted by mail serves as an application both for a ballot for the main election and for any resulting
runoff election, unless the applicant indicates otherwise on the application.
H.B. 2061 (Bucy) – Voter Identification: would provide that the following documents are
acceptable forms of photo identification for purposes of voting: (1) an official Native American
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identification card or tribal document that contains the voter’s photograph and address; (2) an
identification card issued by an institution of higher education in Texas that contains the voter’s
photograph; and (3) an identification card issued by a state agency that contains the voter’s
photograph.
H.B. 2082 (Reynolds) – Polling Places: would provide, in a county with a population of more
than 500,000, that each election precinct established for an election may be served by more than
one polling place if: (a) each polling place is located within the boundary of the precinct; and (b)
consideration is given to population density in selecting the location of each polling place, so that
each polling place serves approximately the same number of voters.
H.B. 2092 (Sanford) – Partisan City Elections: would provide that a candidate must declare a
party affiliation to run for a city office.
H.B. 2149 (Clardy) – Temporary Branch Polling Places in Less Populous Counties: would,
among other things, provide that, for an election in which the territory served by the early voting
clerk is situated in a county with a population under 100,000: (1) voting at a temporary branch
polling place may be conducted on any one or more days and during any hours of the period for
early voting by personal appearance, as determined by the authority establishing the branch; (2)
the authority authorized to order early voting on a Saturday or Sunday for the main early voting
polling place may also order early voting to be conducted on a Saturday or Sunday at any one or
more of the temporary branch polling places; and (3) the schedules for conducting voting are not
required to be uniform among the temporary branch polling places.
H.B. 2229 (Hull) – Polling Place: would amend current law prohibiting certain weapons on the
premises of a polling place to only prohibit weapons in the portion of the premises of a polling
place where voting or other election-related activities are occurring on the day of an election or
while early voting is in progress.
H.B. 2260 (Dutton) – Application for Office: would: (1) allow a candidate to utilize a name
under which the candidate is known other than the candidate's surname acquired by law or
marriage and given name, or a contraction or familiar form of a given name by which the
candidate is known or an initial of a given name, if the candidate submits with the application for
a place on the ballot 50 affidavits, each: (a) signed by a person eligible to vote in the election for
which the candidate is applying; and (b) stating that the candidate is known to the person signing
the affidavit by the name under which the candidate is seeking to run; and (2) create a civil
penalty in an amount not to exceed $10,000 for giving false information in order to acquire the
affidavits required or who induces a person to sign a false affidavit.
H.B. 2263 (Paul) – Accepting Election Materials: would provide that: (1) voter registration
applications, ballots, and applications for mail in ballots that do not comply with current law may
not be cured; and (2) petitions for a place on the ballot for public office may only be cured if
submitted with a notarized affidavit.
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H.B. 2265 (Paul) – Early Voting Hours: would provide that voting during the early voting
period may not be conducted earlier than 7 a.m. or later than 7 p.m.
H.B. 2283 (King) – Election Expenditures: would prohibit: (1) the joint elections commission,
county election commission, and county election board from accepting a contribution offered by
a private individual, a corporation, a partnership, a trust, or another third party; and (2) making
an expenditure using funds not appropriated by the governing body of the relevant political
subdivision or subdivisions.
H.B. 2291 (Dutton) – Eligibility for Public Office: would require a candidate to provide a
certified copy of the candidate’s pardon or other documentation evidencing removal of the
disability to holding public office.
H.B. 2293 (Patterson) – Early Voting: would prohibit early voting by personal appearance
earlier than 6 a.m. or later than 9 p.m.
H.B. 2318 (Geren) – Numbering of Propositions: would provide that if more than one political
subdivision’s proposition is to appear on a ballot, the authority ordering the election shall assign
a unique letter of the alphabet to each measure.
H.B. 2320 (Jetton) – Ballot by Mail: would: (1) create a state jail felony offense for a person
convicted of indicating the ground of eligibility for early voting on an application for ballot by
mail and distributes the application to an applicant with intent that the applicant will submit the
application on the applicant's behalf to the early voting clerk; and (2) provide an affirmative
defense for a person that signed the application for the ballot as a witness or otherwise assisted
the applicant pursuant to current state law.
H.B. 2321 (Jetton) – Early Voting Ballot: would require the signature verification committee
or early voting ballot board, as the case may be, to compare the signatures of early voting ballots
to each signature of the voter obtained from the Department of Public Safety and on file with the
county clerk or voter registrar.
H.B. 2322 (Jetton) – Voter Information: would provide that a copy of an application for a
ballot to be voted by mail or information on the roster for a person to whom an early voting mail
ballot has been sent are not available for public inspection, except to the voter seeking to verify
that the information pertaining to the voter is accurate, until the first business day after the
November uniform election date.
H.B. 2347 (Klick) – Voting Procedures: would, among other things: (1) provide that a voter
who has not voted before the time for closing an early voting polling place is entitled to vote
after that time if the voter is inside or waiting to enter the polling place at closing time; and (2)
require the presiding judge to take precautions necessary to prevent voting after closing time by
persons who are not entitled to do so.
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H.B. 2373 (Goodwin) – Voting by Mail: would modify current law to allow for the delivery of
ballots voted by mail to be deposited in an authorized depository box. (Companion bill is H.B.
1385 by Crockett.)
H.B. 2455 (Shaw) – Application for Ballot by Mail: would provide that an applicant for a
ballot to be voted by mail may submit the application by delivering it in person to the early
voting clerk if the application is submitted not later than the close of regular business in the early
voting clerk's office or 12 noon, whichever is later, on the 11th day before election day unless
that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the
first preceding regular business day.
H.B. 2457 (Goodwin) – Preferential Voting: would, among other things, provide that: (1) the
governing body of a city or school district may authorize, by majority vote, the use of a
preferential voting system for the election of an officer of the city or school district; (2) the
system must allow a voter to rank each candidate for an office through a numerical designation
from the candidate the voter favors most to the candidate the voter favors least; and (3) a runoff
election is not held for an office to which preferential voting applies. (This bill is identical
to H.B. 2460 by Goodwin.)
H.B. 2478 (Harris) – Early Voter Identification: would, among other things, require a
photograph or copy of an approved photo identification to be submitted along with an application
for an early voting ballot by mail and with the completed and marked early voting ballot.
H.B. 2501 (Swanson) – Elections: would allow voters the opportunity to select "I choose not to
vote in this race" instead of voting for the candidates appearing on the ballot or the list of write-
in candidates for each race.
S.B. 889 (Eckhardt) – Poll Watchers: would, among other things: (1) amend current law to
allow a nonpartisan election observation organization to appoint a “watcher” to observe the
conduct of an election; (2) authorize the secretary of state to certify qualifying nonpartisan
election observation organizations and to adopt rules establishing the criteria to determine
whether an organization may be certified; and (3) establish criteria that makes an individual
eligible to be a watcher.
EMERGENCY MANAGEMENT
H.B. 3 (Burrows) – Texas Pandemic Response Act: this bill, known as the Texas Pandemic
Response Act, would make numerous changes regarding how the state and local governments
prevent, prepare for, respond to, and recover from a pandemic disaster. Of primary importance to
cities, the bill would, among many other things:
1. define the term “pandemic disaster” to mean the occurrence or imminent threat of an outbreak of an
infectious disease that spreads to a significant portion of the population of multiple countries or the
world and that threatens widespread or severe damage, injury, or loss of life or property in the state
resulting from any natural or man‐made cause related to the outbreak;
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2. authorize the governor, by executive order or proclamation, to declare a state of pandemic disaster if
the governor determines that a state of pandemic disaster is occurring in the state or that the
occurrence or threat of a pandemic disaster is imminent;
3. authorize the governor to, on request of a city, waive or suspend a deadline, including a deadline
relating to a budget or property tax rate, imposed on the political subdivision by a statute or a state
agency order or rule if he waiver or suspension is reasonably necessary to cope with the pandemic
disaster;
4. authorize the governor to temporarily reassign resources, personnel, or functions of state agencies and
cities for the purpose of performing or facilitating emergency services during a pandemic disaster;
5. provide that the presiding officer of a city council is designated as the pandemic emergency
management director for the city;
6. authorize a pandemic emergency management director to serve as the governor’s designated agent in
the administration and supervision of duties under the Texas Disaster Pandemic Act, and authorize the
pandemic emergency management director to exercise the powers granted to the governor on an
appropriate local scale;
7. authorize a pandemic emergency management director to designate a person to serve as pandemic
emergency management coordinator, who serves as an assistant to the pandemic emergency
management director;
8. provide that a deadline imposed by local law on a city, including a deadline relating to a budget or
property tax, is suspended if: (a) the city is wholly or partly located in an area in which a pandemic
disaster has been declared by the president of the United States or the governor; and (b) the city’s
presiding officer proclaims that the city is unable to comply with the requirement because of the
pandemic disaster;
9. authorize a city’s presiding officer to issue an order ending the suspension of a deadline under Number
8, above, and provide that a deadline may not be suspended for more than 30 days after the date the
presiding officer issues the proclamation described by Number 8(b), above;
10. provide that any local order or rule issued in response to a state or local state of pandemic disaster is
superseded and void to the extent that it is inconsistent with orders, declarations, or proclamations
issued by the governor or Department of State Health Services;
11. prohibit an election official of a political subdivision from seeking to alter, in response to a pandemic
disaster, any voting standard practice, or procedure in a manner not otherwise expressly authorized by
state law, unless the election official first obtains approval of the proposed alternation from the
secretary of state by submitting a written request for approval to the secretary of state;
12. provide that if the governor issues a written determination finding that the presiding officer of a city
council has taken issued an order requiring the closure of a private business in response to a pandemic,
the city council for that city may not adopt a property tax rate for the current tax year that exceeds the
lesser of the city’s no‐new‐revenue tax rate or voter‐approval tax rate for that tax year;
13. provide that, for a tax year in which the restriction in Number 12, above, applies to a city, the difference
between the city’s actual tax rate and voter‐approval tax rate for purposes of calculating the city’s
unused increment rate is considered to be zero;
14. provide that a city is no longer subject to the limitation prescribed by Number 12, above, in the first tax
year in which the governor rescinds the governor’s written determination;
15. provide that a person commits an offense if the person violates a provision of the pandemic
components of a state, local, or interjurisdictional emergency management plan or a rule, order, or
34
ordinance adopted under those provisions, and that a violation is punishable by a fine only in an amount
not to exceed $1000 to be enforced by state and local officials; and
16. authorize the attorney general to provide legal counsel to a city subject to a declared state of pandemic
disaster on issues related to pandemic disaster mitigation, preparedness, response, and recovery
applicable to the area subject to the pandemic disaster declaration, if a request for legal counsel is
submitted by the emergency management director or mayor of a city.
H.B. 1500 (Hefner) – Firearm Regulation: would provide that: (1) in connection with a
disaster, no person may prohibit or restrict the business or operations of a firearms or
ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range;
(2) the governor may not, during a state of disaster, suspend or limit the sale, dispensing, or
transportation of explosives or combustibles that are components of firearm ammunition; (3) a
directive issued by the governor during a state of emergency may not: (a) provide for the control
of the storage, use, and transportation of explosives or flammable materials that are components
of firearm ammunition; or (b) prohibit or restrict the business or operations of a firearms or
ammunition manufacturer, distributor, wholesaler; and (4) a city does not have the authority to
regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural
disaster even if the city finds the regulations necessary to protect public health and safety.
(Companion bill is S.B. 18 by Creighton.)
H.B. 2066 (Dominguez) – Expansion of Emergency Management: would amend current law
to clarify the purpose of the Texas Disaster Act of 1975 to include cybersecurity events.
H.B. 2073 (Burrows) – Quarantine Leave: would provide that: (1) a political subdivision,
including a city, shall place a fire fighter, peace officer, or emergency medical technician
employed by the political subdivision on paid quarantine leave if the person is ordered by a
supervisor or a health authority to quarantine or isolate due to a possible or known exposure to a
communicable disease while on duty; (2) a fire fighter, peace officer, or emergency medical
technician on quarantine leave shall be entitled to: (a) all employment benefits and
compensation, including leave accrual, pension benefits, and health benefit plan benefits; and (b)
costs related to the quarantine, including lodging, medical, and transportation costs; and (3) a
political subdivision may not reduce any leave balance accrued by a fire fighter, peace officer, or
emergency medical technician in connection with the quarantine leave required by (1), above.
H.B. 2097 (Schaefer) – Face Coverings: would provide that the governor or a local official may
not issue an executive order, proclamation, or regulation, as applicable, that requires a person to
wear a mask or personal protective equipment unless expressly provided by a statute.
H.B. 2098 (Schaefer) – Violations of Emergency Management Plan: would repeal provisions
of the Texas Disaster Act, which provide that a state, local, or interjurisdictional emergency
management plan may: (1) provide that failure to comply with the plan or with a rule, order, or
ordinance adopted under the plan is an offense; and (2) prescribe a punishment for the offense
but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds
180 days.
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H.B. 2196 (Schaefer) – Emergency Management: would, among other things: (1) remove from
the definition of disaster, under the Texas Disaster Act, “other public calamity requiring
emergency action”; (2) delete the provision that provides that the governor’s executive orders,
proclamations, and regulations issued during a disaster have the force and effect of law; (3)
eliminate the ability of the governor to suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or waive or suspend a deadline imposed
by a statute; (4) eliminate the governor’s ability to temporarily suspend or modify for a period of
not more than 60 days any public health, safety, zoning, intrastate transportation, or other law
related to providing temporary housing or emergency shelter for disaster victims; (5) repeal the
provision that authorizes the governor to suspend or limit the sale, dispensing, or transportation
of alcoholic beverages, firearms, explosives, and combustibles; and (6) repeal the provision that
authorizes the governor to suspend, during a disaster, the waiting period that is otherwise
required in order to be eligible for unemployment benefits.
H.B. 2208 (Lopez) – Confidentiality of Disaster Information: would provide that the
following information maintained by a governmental body is confidential: (1) the name, social
security number, house number, street name, and telephone number of an individual or
household that applies for or receives disaster recovery assistance, including utility payment
assistance and state or federal disaster recovery funds; (2) the name, tax identification number,
address, and telephone number of a business entity or an owner of a business entity that applies
for or receives disaster recovery assistance, including utility payment assistance and state or
federal disaster recovery funds; and (3) any other information the disclosure of which would
identify or tend to identify a person or household that applies for or receives disaster recovery
assistance, including utility payment assistance and state or federal disaster recovery funds.
H.B. 2211 (Metcalf) – In-Person Hospital Visits: would provide, among other things, that a
hospital may not, during a qualifying period of disaster, prohibit in-person visitation with a
patient receiving care or treatment at the hospital unless federal law or a federal agency requires
the hospital to prohibit in-person visitation during that period.
H.B. 2239 (Gates) – Disaster Tax Relief: would, among other things, provide that if a city
issues an order, proclamation, or regulation pursuant to its authority in the Texas Disaster Act
that either closes, prohibits individuals from patronizing, or reduces operating hours or
occupancy capacity of certain private businesses, or prohibits landlords from enforcing lease
terms that are otherwise enforceable, a business or landlord subject to the order, proclamation, or
regulation shall not be liable for any taxes imposed by the city on the business or landlord,
including related property taxes.
H.B. 2249 (Hefner) – Firearm Regulation: would provide that: (1) in connection with a
disaster, no person may prohibit or restrict the business or operations of a firearms or
ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range;
(2) the governor may not, during a state of disaster, suspend or limit the sale, dispensing, or
transportation of explosives or combustibles that are components of firearm ammunition; (3) a
directive issued by the governor during a state of emergency may not: (a) provide for the control
of the storage, use, and transportation of explosives or flammable materials that are components
of firearm ammunition; or (b) prohibit or restrict the business or operations of a firearms or
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ammunition manufacturer, distributor, wholesaler; and (4) a city does not have the authority to
regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural
disaster even if the city finds the regulations necessary to protect public health and
safety. (Companion bill is S.B. 18 by Creighton.)
H.B. 2270 (C. Turner) - Personal Protective Equipment: would provide, among other things,
that: (1) the Department of State Health Services (DSHS), in coordination with other relevant
state agencies, shall establish and maintain a minimum 90-day reserve of personal protective
equipment (PPE) for use by health care workers and essential personnel during a public health
disaster or other public health emergency; and (2) DSHS shall establish the Personal Protective
Equipment Reserve Advisory Committee that shall, as necessary, make recommendations to the
Health and Human Services Commissioner for the development of guidelines for the
procurement, storage, and distribution of the PPE reserves. (Companion bill
is S.B. 437 by Blanco.)
H.B. 2271 (C. Turner) – Pandemic Response Plan: would provide that: (1) the Texas Division
of Emergency Management (TDEM) shall prepare and keep current a pandemic response plan
that may include provisions for: (a) consulting infectious disease experts; (b) preventing and
minimizing injury and damage caused by a pandemic; (c) prompt and effective response to a
pandemic; (d) emergency relief; (e) identifying areas and populations particularly vulnerable to
the occurrence of a pandemic; (f) communicating with governmental and private entities to
facilitate coordination and collaboration for the efficient and effective planning and execution of
a pandemic response plan; (g) organizing federal, state, and local pandemic response activities;
(h) assisting local officials in designing local pandemic response plans; (i) preparing and
distributing to appropriate state and local officials catalogs of federal, state, and private
assistance programs; and (j) other necessary matters relating to pandemics; and (2) in preparing
and revising the pandemic response plan, TDEM shall seek the assistance of, among others,
necessary federal, state, or local governmental entities. (Companion bill is S.B. 435 by Blanco.)
S.B. 18 (Creighton) – Firearm Regulation: would provide that: (1) in connection with a
disaster, no person may prohibit or restrict the business or operations of a firearms or
ammunition manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range;
(2) the governor may not, during a state of disaster, suspend or limit the sale, dispensing, or
transportation of explosives or combustibles that are components of firearm ammunition; (3) a
directive issued by the governor during a state of emergency may not: (a) provide for the control
of the storage, use, and transportation of explosives or flammable materials that are components
of firearm ammunition; or (b) prohibit or restrict the business or operations of a firearms or
ammunition manufacturer, distributor, wholesaler; and (4) a city does not have the authority to
regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural
disaster even if the city finds the regulations necessary to protect public health and safety.
(Companion bills are H.B. 1500 and H.B. 2249 by Hefner.)
S.B. 865 (Creighton) - Statewide Disaster Alarm System: would, among other things, provide
that: (1) the Texas Division of Emergency Management (TDEM) shall conduct a study on the
efficacy of existing mass notification deployments by local governmental entities throughout the
state and the feasibility of establishing a statewide disaster alert system; (2) the study must: (a)
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identify the costs to local governmental entities associated with existing local disaster alert or
notification systems; (b) examine the potential benefits to local governmental entities of
implementing an alert system; (c) examine the importance of a local governmental entity’s
discretion regarding the entity’s level and manner of participating in the alert system; (d)
examine potential costs to local governmental entities or this state associated with implementing
the alert system; and (e) identify any state or local governmental entity actions necessary to
implement a comprehensive alert system; (3) if, based on the findings of the study described,
TDEM and the office of the governor conclude that the benefits to the state and local
governmental entities of implementing a coordinated alert system outweigh any additional costs,
TDEM, with cooperation of appropriate state agencies and using money available for that
purpose, shall develop and implement the alert system; (4) a local government entity that
chooses to participate in an alert system implemented under (3), above, may use local funds for
that purpose and may contract with TDEM for services associated with the alert system; (5) an
alert system may be operated in conjunction with any other emergency alert system required by
federal or state law and designed to notify persons statewide of a disaster affecting any location
in the state; and (6) a participating local government entity may, in coordination with TDEM,
chose the manner in which the alert system is activated and notifications are issued within the
entity’s geographic region. (Companion bill is H.B. 655 by Raymond.)
S.B. 877 (Hancock) – Building Inspections: would: (1) provide that a building inspection in an
area of a city subject to a disaster declaration by the governor or a declaration of local disaster
may be performed by: (a) a person certified to inspect buildings by the International Code
Council; (b) a person employed as building inspector by the city in which the building is located;
or (c) a person employed as a building inspector by any city, if the city in which the building is
located has approved the person to perform inspections during the disaster; and (2) prohibit a city
from collecting an inspection fee related to an inspection performed under (1). (Companion bill
is H.B. 2548 by Morrison.)
MUNICIPAL COURTS
H.B. 2338 (Crockett) – Expunction: would: (1) entitle a person who was placed under custodial
or noncustodial arrest for certain misdemeanor offenses to have all records and files related to
the arrest, including any applicable records and files related to the conviction for the offense,
expunged if: (a) the person was placed on deferred adjudication community supervision for the
misdemeanor offense; (b) the person has not been convicted or placed on deferred adjudication
community supervision for an offense, other than a traffic offense punishable by fine only,
committed after the date of the misdemeanor offense for which the person was placed on
deferred adjudication community supervision; (c) the person has no charges pending against the
person for the commission of any offense, other than a traffic offense punishable by fine only;
and (d) a period of not less than ten years has passed since the date on which: (i) the person's
sentence for the offense described by (1)(a), including any term of confinement or period of
community supervision imposed and payment of all fines and costs imposed, is fully discharged;
or (ii) the person received the dismissal and discharge of the deferred adjudication community
service; (2) provide that the person must submit an ex parte petition for expunction to the court
that placed the person on deferred adjudication community supervision; and (3) require the court
to enter an order directing expunction in accordance with state law if the court finds the
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petitioner is entitled to expunction of any arrest records and files that are the subject of the
petition.
H.B. 2441 (White) – Municipal Courts: would provide that any officer authorized to collect a
fine, fee, or item of cost may request the trial court in which a criminal action or proceeding was
held to make a finding that a fine, fee, or item of cost imposed in the action or proceeding is
uncollectible if the officer believes: (a) the defendant is deceased; (b) the defendant is serving a
sentence for imprisonment for life or life without parole; (c) the fine, fee, or item of cost has
been unpaid for at least 15 years; or (d) the fine, fee, or item of cost is otherwise uncollectible;
and (3) the court may order the officer to designate the fine, fee, or item of cost as uncollectible
in the fee record.
OPEN GOVERNMENT
H.B. 2357 (Reynolds) – Public Information: would: (1) provide that information is confidential
and not subject to public disclosure if the information: (a) identifies an individual as the victim of
certain crimes; or (b) identifies the victim of any criminal offense, if the victim was younger than
18 years of age when any element of the offense was committed; and (2) allow information
under (1) to be disclosed: (a) to any victim identified by the information, or to the parent or
guardian of a victim described by (1)(b); (b) to a law enforcement agency for investigative
purposes; or (c) in accordance with a court order requiring the disclosure.
H.B. 2383 (Moody) – Access to Law Enforcement Records: would provide, among other
things, that:
1. the office of the attorney general shall establish and maintain, on its internet website, a publicly
accessible database of officer‐involved injury or death reports that are required to be submitted to the
office;
2. the following information is public information under the Public Information Act (PIA): (a) basic
information about a criminal investigation; and (b) basic information contained in: (i) a search warrant;
(ii) testimony, an affidavit, or other information used to support a finding of probable cause to execute a
search warrant; (iii) an arrest warrant, an arrest report, an incident report, or an accident report; (iv) a
mug shot; (v) a report relating to an officer‐involved shooting; (vi) a report relating to an incident
involving the discharge of a firearm by a peace officer, including the unintentional discharge of a firearm
in the course of duty or in response to a call, regardless of whether a person is hit by gunfire or an
allegation of misconduct is made; (vii) a report relating to a peace officer’s use of force resulting in
death or serious bodily injury; or (viii) a report related to the death or serious bodily injury of an arrestee
or detainee while the person is in the custodial care of a law enforcement agency;
3. law enforcement information that deals with the detection, investigation or prosecution of a crime that
does not result in conviction or deferred adjudication, or an internal record or notation of a law
enforcement agency or prosecutor that is maintained for internal use in matters relating to law
enforcement or prosecution, that does not result in conviction or deferred adjudication is public
information if: (a) a person who is a subject of the information, record, or notation, other than a peace
officer, is deceased or incapacitated; or (b) each person who is a subject of the information, record, or
notation consents to the release of the information, record, or notation;
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4. a letter, memorandum, or document regarding a peace officer’s alleged misconduct in the peace
officer’s departmental civil service personnel file (commonly referred to as the “g” file) is public
information if: (a) a person who is a subject of the letter, memorandum, or document, other than the
peace officer, is deceased or incapacitated; or (b) each person who is a subject of the letter,
memorandum, or document consents to the release of the letter, memorandum, or document;
5. a law enforcement agency shall, with exceptions, make public any video recording in the agency’s
possession involving a critical incident, including an officer‐involved shooting, use of force that results in
death or serious bodily injury, or a custodial death, not later than the 60th day after the date of the
critical incident;
6. a fire or police department in a civil service city may maintain a “g” file to store sensitive personal
information, including the individual ’s home address, home telephone number, personal cellular
telephone number, emergency contact information, social security number, personal financial
information, information that reveals whether the person has family members, and any other personal
information the disclosure of which would constitute a clearly unwarranted invasion of personal
privacy;
7. a fire or police department in a civil service city shall disclose law enforcement disciplinary record
information reasonably necessary to identify an allegation against a fire fighter or police officer that
resulted in a sustained finding of misconduct, including: (a) any record created in furtherance of a law
enforcement disciplinary proceeding; (b) each complaint, allegation, and charge against the employee;
(c) the name of the employee complained of or charged; (d) the transcript of any disciplinary trial or
hearing, including any exhibit introduced at the trial or hearing; (e) the disposition of any disciplinary
proceeding; and (f) the final written opinion or memorandum supporting the disposition and discipline
imposed, including the agency’s: (i) complete factual findings; and (ii) analysis of the conduct and
appropriate discipline of the covered employee;
8. a written request for information recorded by a body worn camera shall be treated as a request for
public information under the PIA; and
9. provisions of current law related to withholding from release a portion of a body worn camera recording
made in a private space, or of a recording involving the investigation of conduct that constitutes a
misdemeanor punishable by fine only and does not result in arrest, without written authorization from
the person who is the subject of that portion of the recording or, if the person is deceased, from the
person's authorized representative are repealed.
H.B. 2396 (Meyer) – Public Information: would remove motor vehicle market research
activities from the list of motor vehicle record information that may be disclosed by a city to
certain requestors.
H.B. 2401 (Middleton) – Religion: would: (1) prohibit a local officer or employee from
enforcing: (a) the “Blaine Amendments” (certain sections in the Texas Constitution that prohibit
the appropriation of state funds for the benefit of a sect, religious society, theological or religious
seminary); (b) the Separation of Church and State doctrine against any person or entity in Texas;
and (c) the Establishment Clause of the First Amendment against any person or entity other than
the federal government, its officers, or its instrumentalities; (2) provide certain exceptions to the
prohibition in (1), above; (3) prohibit a local officer or employee from enforcing any restrictions
on speech or expression that single out churches or other religious organizations or chill the
speech of any person by publishing any such restrictions as required by law; and (4) authorize a
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person or entity to bring a civil action for violations of the prohibitions in (1) and (3), and allow
for the award of attorneys’ fees in Establishment Clause lawsuits.
H.B. 2421 (Davis) – Public Information: would provide that the following personal identifying
information collected by a regional transportation authority is confidential and not subject to
public disclosure: (1) trip data, including the time, date, origin, and destination of a trip, and
demographic information collected when the person purchases a ticket or schedules a trip; and
(2) other personal information, including financial information. (Companion bill is S.B.
858 by Johnson.)
H.B. 2511 (Meza) – Law Enforcement Exception: would provide that information that deals
with detection, investigation or prosecution of a crime, or a law enforcement internal record or
notation in relation to an investigation, that did not result in a conviction or deferred adjudication
is public information under the Texas Public Information Act if it is in response to a written
request made by: (1) a person who is the subject to the information, record or notation; or (2) if
the person is deceased, the person’s spouse, child, or parent, an administrator of the person’s
estate, or any of their attorneys.
S.B. 729 (Johnson) – Electronic Public Information: would provide that: (1) data dictionaries
and other indicia of the type or category of information held in each field of a database is public
information under the Public Information Act (PIA); (2) a governmental body’s use of an
electronic recordkeeping system may not erode the public’s right of access to public information
under the PIA; (3) the contents of public information that is produced and maintained in an
electronic spreadsheet or database that is searchable or sortable (electronic public information),
including the information described in (1), above, is significant and not merely used as a tool for
the maintenance, manipulation, or protection of property; (4) if a request for public information
applies to electronic public information and the requestor requests the information in a
searchable or sortable format, the governmental body shall provide an electronic copy of the
requested electronic public information in the searchable or sortable format requested using
computer software the governmental body has in its possession, but if the requestor prefers, the
governmental body shall provide a copy of electronic public information in the form of a paper
printout; (5) a governmental body may not refuse to provide a copy of electronic public
information on the grounds that exporting the information or redacting excepted information will
require inputting range, search, filter, report parameters, or similar commands or instructions into
the governmental body ’s computer system if the commands or instructions can be executed with
computer software used by the governmental body in the ordinary course of business to access,
support, or otherwise manage the information; (6) a requestor may request that a copy of
electronic public information be provided in the format in which the information is maintained
by the governmental body or in a standard export format such as a flat file electronic American
Standard Code for Information Interchange (ASCII) if the governmental body’s computer
programs support exporting the information in that format, and the governmental body shall
provide the copy in the requested format or in another format acceptable to the requestor; (7) if
the electronic public information is maintained by a governmental body in a format that is: (a)
searchable but not sortable, the governmental body shall provide an electronic copy of the
information in a searchable format; or (b) sortable, the governmental body shall provide an
electronic copy of the information in a sortable format; and (8) a governmental body shall use
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reasonable efforts to ensure that a contract entered into by the governmental body for the
creation and maintenance of electronic public information does not impair the public’s ability to
inspect or copy the information or make the information more difficult for the public to inspect
or copy than records maintained by the governmental body. (Companion bill is H.B.
1810 by Capriglione.)
S.B. 841 (Hughes) – Public Information: would add certain honorably retired law enforcement
positions to the personal information exceptions of the Public Information Act and the
confidentiality of home address section in the tax appraisal statute. (Companion bill is H.B.
1440 by Schaefer.)
S.B. 858 (Johnson) – Public Information: would provide that the following personal
identifying information collected by a regional transportation authority is confidential and not
subject to public disclosure: (1) trip data, including the time, date, origin, and destination of a
trip, and demographic information collected when the person purchases a ticket or schedules a
trip; and (2) other personal information, including financial information. (Companion bill is H.B.
2421 by Davis.)
S.B. 861 (Paxton) – Open Meetings: would provide for remote meetings under the Open
Meetings Act, and:
For city meetings held by telephone conference:
1. provide the governmental body is not prohibited from holding an open or closed meeting from one or
more remote locations by telephone conference;
2. remove the requirement that an emergency or public necessity exist;
3. require the notice of the meeting: (a) include the statement “Telephone conference call under Section
551.125, Government Code” in lieu of the place of the meeting; (b) list each physical location where
members of the public may listen to or participate in the meeting; (c) include access information for an
audio feed of the meeting; and (d) if applicable, include instructions for members of the public to
provide testimony to the governmental body;
4. require that any method of access that is provided to the public for listening to or participating in the
telephone conference call meeting be widely available at no cost to the public;
5. require that each part of the meeting that is required to be open to the public shall be audible to the
public and shall be recorded, and the recording shall be made available to the public;
6. require the identification of each party to the telephone conference be clearly stated prior to speaking;
7. require that, if the governmental body prepares an agenda packet that would have been distributed to
members of the public at a face‐to‐face meeting, the packet must be available electronically so that
members of the public listening remotely can follow along with the meeting.
For city meetings held by videoconference:
1. provide the governmental body is not prohibited from holding an open or closed meeting from one or
more remote locations by videoconference;
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2. allow a member of the governmental body to participate remotely in a meeting by videoconference call
if the audio feed and, if applicable, video feed of the member’s or employee’s participation complies
with the other requirements for a videoconference meeting;
3. provide that a member of a governmental body who participates as described in Number 2, above, shall
be counted as present at the meeting for all purposes;
4. provide that a member of a governmental body shall be considered absent from any portion of the
meeting during which audio communication with the member is lost or disconnected, and that the body
may continue the meeting only if members in a number sufficient to constitute a quorum remain
audible and visible to each other and, during the open portion of the meeting, to the public;
5. require the notice of the meeting: (a) include the statement “Videoconference call under Section
551.127, Government Code” in lieu of the place of the meeting; (b) list each physical location where
members of the public may observe or participate in the meeting; (c) include access information for
both audio‐only and audiovisual feeds of the meeting; and (d) if applicable, include instructions for
members of the public to provide testimony to the governmental body;
6. require that any method of access that is provided to the public for the purpose of observing or
participating in a meeting be widely available at no cost to the public;
7. require each portion of a meeting held by videoconference call that is required to be open to the public
shall be audible and, if applicable, visible to the public;
8. provide that if a problem occurs that causes a meeting to no longer be audible to the public, the
meeting must be recessed until the problem is resolved;
9. require an audio recording of the meeting, and that the recording be made available to the public;
10. provide that the face of each participant who is participating in the call using video communication,
while that participant is speaking, be clearly visible and audible to each other participant, and during the
open portion of the meeting, to the members of the public, including at any location described by
Number 5(b);
11. provide that participant using solely audio communication: (a) shall, while speaking, be clearly audible to
each other participant and, during the open portion of the meeting, to the members of the public,
including at any location described by Number 5(b);
12. authorize the Department of Information by rule to specify minimum technical quality standards for the
meeting, and require that access information described by Number 5(c) be of sufficient quality so that
members of the public can observe the demeanor or hear the voice, as applicable, of each participant in
the open portion of the meeting;
13. provide that a governmental body: (a) may allow a member of the public to testify at a meeting from a
remote location by videoconference call; and (b) must allow a member of the public testify from a
remote location using video or audio communication if holding a meeting by videoconference call where
public testimony is taken; and
14. require that, if the governmental body prepares an agenda packet that would have been distributed to
members of the public at a face‐to‐face meeting, the packet must be available electronically so that
members of the public observing remotely can follow along with the meeting.
OTHER FINANCE AND ADMINISTRATION
H.B. 2119 (Burrows) – Third-Party Food Delivery Service: would, among other things: (1)
define “third-party food delivery service” as a website, mobile application, or other Internet-
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based service that acts as an intermediary between consumers and multiple restaurants not owned
or operated by the service to arrange for the delivery of food or beverages from those restaurants;
(2) preempt a city or county from adopting or enforcing an ordinance or regulation that: (a)
applies requirements to a third-party food delivery service that are more restrictive than the
requirements that apply to the service under state law; (b) affects the fees charged to a restaurant
by a third-party food delivery service; or (c) affects the terms of an agreement between a third-
party food delivery service and a restaurant; (3) provide that the Department of State Health
Services or a local health authority may not require a third-party food delivery service employee
or independent contractor to complete an education program on basic food safety accredited
under the bill; and (4) provide that local health authority may not charge a fee to an employee or
contractor who provides proof of completion of an education program on basic food safety
accredited under the bill. (Companion bill is S.B. 911 by Hancock.)
H.B. 2144 (Harris) – Public Nuisance: would, among other things, provide that: (1) a person
may be held liable for a public nuisance only if the person causes an unlawful condition and
controls that unlawful condition at the time the condition violates an established public right; (2)
conditions arising from the following conduct are not considered unlawful conditions for the
purposes of a public nuisance: (a) an activity expressly authorized or encouraged by a statute,
ordinance, rule, or other similar measure adopted by the state, a political subdivision of the state,
the United States, or a regulatory agency of the state or the United States; and (b) the lawful
manufacturing, distributing, selling, advertising, or promoting of a lawful product; (3) only the
state or a political subdivision of the state may bring a public nuisance action and may do so only
by a government attorney of the relevant jurisdiction; (4) to bring a public nuisance action, the
state or the political subdivision must have a substantial ownership interest in or authority over
the real property or waterway, or ancillary space related to the real property or waterway, to
which the public nuisance relates; and (5) a financial expenditure made by the state or a political
subdivision related to the remediation, abatement, or injunction of an unlawful condition does
not constitute an injury sufficient to confer standing to file or maintain a public nuisance action.
H.B. 2163 (Stephenson) – First Responder Driver’s License Fees: would waive the fee for the
issuance or renewal of a driver’s license for current first responders, including: (1) peace
officers; (2) fire protection personnel; (3) certain volunteer firefighters; (4) ambulance drivers;
and (5) individuals certified as emergency services personnel by the Department of State Health
Services.
H.B. 2169 (Sanford) – Handguns: would, in regard to the eligibility requirements for a license
to carry a handgun, repeal the requirement that a person not have been finally determined to be
delinquent in the payment of a tax or other money collected by the comptroller, the tax collector
of a political subdivision, or any other agency or subdivision of the state.
H.B. 2199 (Parker) – Digital Identity Work Group: would, among other things: (1) define
"digital identity" as including: (a) credentials issued by federal, state, and local governmental
agencies to a person for identification, licensure, registration, and other purposes; (b) credentials
conferred to a person to verify the person's skills and qualifications; (c) digital credentials issued
for user authentication and access management; and (d) digitally-verifiable claims; and (2)
establish the digital identity work group to develop recommendations for the use of digital
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identity, and to identify optimal policies and state investments related to digital identity
technology.
H.B. 2204 (S. Thompson) – Charitable Bingo: would, among other things, require a licensed
authorized organization or unit that collects a prize fee for a bingo game conducted in a city or
county that was entitled to receive a portion of a bingo prize fee as of January 1, 2019, to remit
50 percent of the amount collected as the prize fee to the Texas Lottery Commission and: (1)
remit 50 percent of the amount collected to the county if the location at which the bingo game is
conducted is not within the city limits and the county voted to impose the prize fee by November
1, 2019; (2) remit 25 percent of the amount collected as the prize fee to the county if the bingo
game is conducted within the city limits and the county voted to impose the prize fee by
November 1, 2019; (3) remit 25 percent of the amount collected as the prize fee to the city if the
bingo game is conducted within the city limits of a city that voted to impose the prize fee by
November 1, 2019; and (4) deposit any remaining amount collected as the prize fee in the
general charitable fund of the organization or organizations conducting the bingo game.
H.B. 2205 (Romero) – Swimming Pools: would provide that pool safety standards adopted by
rule by the Department of State Health Services must comply with a version of the International
Swimming Pool and Spa Code that is not older than the version in effect on May 1, 2019.
H.B. 2210 (Raymond) – Intergovernmental Agreements: would provide that a local
government may enter into an interlocal contract with a branch of the armed forces of the United
States to provide installation-support services to a military installation located in Texas.
(Companion bill is S.B. 780 by Hinojosa.)
H.B. 2215 (Hernandez) – Diaper Changing Stations: would, with certain exceptions. require a
person (including a city) who engages in or contracts for the construction of a building, or the
renovation of the restrooms of a building, with one or more restrooms accessible to the public, to
provide a private space for a diaper changing station that is available in a shared restroom or
space, or in each restroom or space designated as a diaper changing station.
H.B. 2262 (Schofield) – Fleet Vehicles: would: (1) provide that a county or city that owns and
operates a motor vehicle, trailer, or semitrailer that is exempt from the payment of a registration
fee under certain law may choose to register some or all of those vehicles for an extended
registration and inspection period of three years; and (2) require a county or city that chooses to
register a vehicle as described in (1) to provide for the timely inspection of the vehicle before
registration.
H.B. 2303 (Kacal) – Handguns: would (1) provide that a municipal attorney or assistant
municipal attorney may establish handgun proficiency by obtaining from a handgun proficiency
instructor approved by the Texas Commission on Law Enforcement a sworn statement that
indicates that the person, during the 12-month period preceding the date of the person's
application to the department, demonstrated to the instructor proficiency in the use of handguns;
(2) except a municipal attorney or assistant municipal attorney from state laws that prohibit
carrying weapons in certain places; and (3) provide that certain state laws that prohibit displaying
45
a handgun in plain view in a public place do not apply to: (a) peace officers or special
investigators; and (b) honorably retired peace officers or other qualified retired law enforcement
officers who hold a certificate of proficiency and carry a photo identification that verifies the
person is an honorably retired peace officer or other qualified retired law enforcement officer.
H.B. 2319 (Jetton) – Federal Lobbyists: would prohibit: (1) a state agency from using
appropriated money to employ a person who is a lobbyist or lobbying firm as defined by the
federal Lobbying Disclosure Act of 1995; and (2) a political subdivision or private entity that
receives state funds from using the funds to pay a person or entity that is a lobbyist or lobbying
firm as defined by the federal Lobbying Disclosure Act of 1995.
H.B. 2415 (Meyer) – Motor Vehicle Rental Taxes: would, among other things, require a
marketplace rental provider to collect the motor vehicle rental tax for the benefit of a city or
county venue project.
H.B. 2500 (Bailes) – Newspaper Notice: would provide that a governmental entity or
representative may publish notice on a third-party Internet website, as an alternative to certain
newspaper notice requirements, if: (1) the governing body finds, after holding a public hearing
on the matter that: (a) Internet publication of notices is in the public interest; (b) Internet
publication of notices will not, after consideration of the level of Internet access in the applicable
area, unreasonably restrict public access to the notices; and (c) the cost of publishing the notices
in a newspaper exceeds the cost of Internet publication; (2) the governmental entity or
representative posts the findings in (1) on the entity’s or representative’s website; and (3) the
governmental entity or representative also prominently posts each notice for public review at the
office location of the governmental entity or representative that is the most accessible to the
intended recipients of the notice.
H.B. 2515 (Shaheen) – Short-Term Rentals: would, among other things: (1) provide that on
the receipt of notice of a third violation of a municipal ordinance within a one-year period
involving a short-term rental unit that is listed by a short-term rental unit listing service, the
listing service shall remove the unit from the listing service's Internet website, application, or
other online platform for at least 30 days; (2) provide that certain individuals may bring an action
for appropriate injunctive relief against the owner of a short-term rental unit that is the subject of
three or more violations of city ordinances and the person may seek to recover reasonable
attorney’s fees and court costs; and (3) require a city to provide written notice to a short-term
rental unit listing service for a violation of a city ordinance involving a short-term rental unit
listed on the listing service.
S.B. 26 (Paxton) – Religious Freedom: would provide that: (1) for purposes of a disaster, the
Texas Religious Freedom Restoration Act is not considered a regulatory statute and may not be
suspended; and (2) a government agency or public official may not issue an order that closes or
has the effect of closing places of worship in Texas or in a geographic area of Texas.
(Companion bill is H.B. 1239 by Sanford.)
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S.B. 703 (Buckingham) – Texas Department of Agriculture: this is the Texas Department of
Agriculture sunset bill. The bill, among other things: (1) continues the department until 2033;
and (2) repeals: (a) the Rural Foundation; (b) the Rural Health & Economic Development
Advisory Council; and (c) the Early Childhood Health and Nutrition Interagency Council.
S.B. 705 (Lucio) – Animal Health Commission: this is the Texas Animal Health Commission
sunset bill. The bill continues the commission until 2033.
S.B. 780 (Hinojosa) – Intergovernmental Agreements: would provide that a local government
may enter into an interlocal contract with a branch of the armed forces of the United States to
provide installation-support services to a military installation located in Texas. (Companion bill
is H.B. 2210 by Raymond.)
S.B. 798 (Nelson) – Family Violence: would, among other things, allow a victim of dating
violence, a victim of family violence, or a child of a victim of dating or family violence, to
request, without payment of a fee, a certified copy of the individual’s birth record.
S.B. 843 (Springer) – Food Service Establishments: would allow a licensed food service
establishment (i.e., a place where food is prepared for individual portion service) to sell directly
to an individual consumer food, other than prepared food, that: (1) is in its original condition or
packaging as received by the establishment; (2) is labeled with the name and source of the food
and the date the food is sold; (3) bears an official mark of USDA inspection, if the food is meat
or poultry; (4) does not exceed the shelf life as displayed on the packaging; and (5) has been
properly refrigerated, if applicable. (Companion bill is H.B. 1276 by Parker.)
S.B. 871 (Nichols) – State Board of Plumbing Examiners: would continue the functions of the
Texas State Board of Plumbing Examiners.
PERSONNEL
H.B. 2242 (Patterson) – Line of Duty Illness or Injury Leave: would provide that, regardless
of contrary provisions of a collective bargaining, meet or confer or other similar agreement: (1) a
county or city shall provide a firefighter or police officer with a paid leave of absence for an
illness or injury related to the person's line of duty; (2) the leave described in (1), above, shall be
for a period commensurate with the nature of the line of duty illness or injury, and if necessary,
the leave shall continue for at least one year; (3) at the end of the one-year period described
in(2), above, the governing body of the city or county, as applicable, may extend the leave at full
or reduced pay; (4) if the leave is not extended or the police officer’s or firefighter’s salary is
reduced below 60 percent of the person's regular monthly salary and the person is a member of a
pension fund, the person may retire on pension until they are able to return to duty; (5) if pension
benefits are not available to a firefighter or police officer who is temporarily disabled by a line of
duty injury or illness and if the year at full pay and any extensions granted by the governing body
have expired, the firefighter or police officer may use accumulated sick leave, vacation time, and
other accrued benefits before the person is placed on temporary leave; (6) if the year at full pay
and any extensions granted by the governing body have expired, the firefighter or police officer
may use 12 weeks of unpaid leave; (7) a firefighter or police officer who is temporarily disabled
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by an illness or injury that is not related to the person’s line of duty may: (a) use accumulated
sick leave, vacation time, and other accrued benefits before the person is placed on temporary
leave; or (b) have another firefighter or police officer volunteer to do the person's work while the
person is temporarily disabled by the injury or illness; (8) if able, a firefighter or police officer
may return to light duty while recovering from a temporary disability, and, if necessary, the light
duty assignment shall continue for at least one year; (9) after recovery from a temporary
disability, a firefighter or police officer shall be reinstated at the same rank and with the same
seniority the person had before going on temporary leave; and (10) another firefighter or police
officer may voluntarily do the work of an injured firefighter or police officer until the person
returns to duty.
H.B. 2273 (M. González) – Unemployment Benefits: would allow an individual to qualify for
unemployment benefits if the individual involuntarily leaves the workplace because of sexual
harassment and: (1) reports the sexual harassment to the individual’s employer or a law
enforcement agency; or (2) files a sexual harassment complaint with the Texas Workforce
Commission or the Equal Employment Opportunity Commission.
H.B. 2408 (Rodriguez) – Total Unemployment Benefits: would, among other things, provide
that: (1) an eligible individual who is totally unemployed in a benefit period is entitled, for the
benefit period, benefits at the rate of 2/43 of the wages received by the individual from
employment by employers during that quarter in the individual’s base period in which wages
were highest; and (2) the maximum weekly benefit amount and the minimum week benefit
amount are increased to 60 percent and 15 percent, respectively, of the average weekly wage in
covered employment in the state.
H.B. 2485 (Herrero) – Jury Service: would amend current law to add an exemption from jury
service for: (1) a firefighter, including a fire chief, who is a permanent, paid employee of the fire
department of a city or county or of a special district or authority that provides firefighting
services; and (2) a police officer, including a police chief, who is a permanent, paid employee of
the police department of a city or county.
H.B. 2502 (Patterson) – First Responder Lifetime Income Benefits: would: (1) provide that,
for a claim for lifetime income benefits by an employee who is a first responder, the maximum
weekly income benefit in effect on the date the claim for lifetime income benefits is finally
adjudicated by the Texas Division of Workers’ Compensation or a court, as applicable, is
applicable for the entire time that the benefit is payable; (2) add the following injuries to the list
of injuries that are eligible for lifetime income benefits until the death of the employee: (a) an
injury to the spine that results in substantial paralysis to the extent that the employee must use a
wheelchair for mobility, regardless of whether minimal movement of an affected limb is
possible; and (b) a physically traumatic injury to the brain resulting in the person having an
incurable mental illness or intellectual disability; and (3) the amount of lifetime income benefits
of an employee who is a first responder is 100 percent of the employee’s average weekly wage.
H.B. 2507 (S. Thompson) – Pay Discrimination: would provide, among other things, that: (1)
for the purpose of an allegation of discrimination in payment of compensation, an unlawful
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employment practice occurs each time: (a) a discriminatory compensation decision or other
discriminatory practice affecting compensation is adopted; (b) an individual becomes subject to a
discriminatory compensation decision or other discriminatory practice affecting compensation;
or (c) an individual is adversely affected by application of a discriminatory compensation
decision or other discriminatory practice affecting compensation, including each time wages
affected wholly or partly by the decision or other practice are paid; (2) an employer, including a
city, commits an unlawful employment practice if the employer: (a) verbally or in writing
inquiries into an applicant’s wage history information from the applicant or from a previous
employer of the applicant; or (b) requires disclosure of an applicant’s wage history; and (3) an
employer commits an unlawful employment practice if the employer terminates, discriminates or
retaliates against an employee, applicant, or other person because the person inquired about,
disclosed, compared, or otherwise discussed an employee’s wages or an applicant’s prospective
wages.
H.B. 2524 (Reynolds) – Discrimination: would, among other things, provide that: (1) a person
engages in a discriminatory practice if the person, because of the sexual orientation or gender
identity or expression of an individual: (a) denies that individual full and equal accommodation
in any place of public accommodation; or (b) otherwise discriminates against or segregates or
separates the individual based on sexual orientation or gender identity or expression; (2) an
aggrieved person may file a civil action in district court not later than the second anniversary of
the occurrence of the termination of an alleged discriminatory practice to obtain the following
relief with respect to the discriminatory practice: (a) actual and punitive damages; (b) reasonable
attorney’s fees; (c) court costs; and (d) any permanent or temporary injunction, temporary
restraining order, or other order, including an order enjoining the defendant from engaging in the
practice or other appropriate action; and (3) an employer, including a city, may not discriminate
against a person on the basis of sexual orientation or gender identity or expression.
S.B. 818 (Powell) – Unemployment Compensation: would provide that: (1) benefits computed
on benefit wage credits of an employee or former employee may not be charged to the account of
an employer if the employee’s last separation from the employer’s employment before the
employee’s benefit year: (a) was caused by the employee being called to provide service in the
uniformed services or in the Texas military forces, provided that the employer has not been
found to be in violation of federal or state reemployment provisions with respect to the
employee; and (2) an individual is not disqualified for unemployment benefits if the individual’s
separation from employment was caused by the individual being called to provide services in the
uniformed services or the Texas military forces.
S.B. 819 (Powell) – Unemployment Compensation: would provide that: (1) benefits computed
on benefit wage credits of an employee or former employee may not be charged to the account of
an employer if the employee’s last separation from the employer’s employment before the
employee’s benefit year resulted from the employee leaving the employee’s workplace to protect
the employee or employee’s immediate family from family violence or stalking or violence
related to a sexual assault; and (2) an individual is not disqualified for unemployment benefits if
the individual leaves the workplace to protect the individual or the individual’s immediate family
from family violence or stalking or violence related to a sexual assault.
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PURCHASING
H.B. 2116 (Krause) – Architects and Engineers: would: (1) with certain exceptions, provide
that a covenant or promise in, in connection with, or collateral to a contract for engineering or
architectural services related to an improvement to real property is void and unenforceable if the
covenant or promise provides that a licensed engineer or registered architect must defend a party,
including a third party; (2) provide that a covenant or promise in, in connection with, or
collateral to a contract for engineering or architectural services related to an improvement to real
property may provide for the reimbursement of an owner’s reasonable attorney’s fees in
proportion to the engineer’s or architect’s liability; and (3) provide that a contract for engineering
or architectural services related to an improvement to real property may not require a licensed
engineer or registered architect to perform professional services to a level of professional skill
and care beyond that which would be provided by an ordinarily prudent engineer or architect
with the same professional license under the same or similar circumstances.
H.B. 2156 (Raymond) – Flag Purchases: would require: (1) each U.S. flag purchased by a city
to be manufactured in the United States using materials grown, produced, or manufactured in the
United States; and (2) each Texas state flag purchased by a city to be manufactured in this state
using materials grown, produced, or manufactured in this state.
H.B. 2246 (Shine) – Employee-Owned Businesses: would, among other things, provide that in
purchasing goods or services, a local government may give preference to an employee-owned
company domiciled in Texas if other considerations are equal.
S.B. 779 (Hinojosa) – Professional Services: would add a forensic analyst, forensic science
expert, and any service within the scope of the practice of forensic science to the list of
professional services that must be procured in accordance with the Professional Services
Procurement Act.
S.B. 799 (Nelson) – Professional Services: would, among other things, give a governmental
entity contracting for the services of physicians, optometrists, and registered nurses, where the
number of contracts awarded is not otherwise limited, the option of making the selection and
award on the basis of: (1) the provider’s agreement to payment of a set fee, as a range or lump
sum amount; and (2) the provider’s affirmation and the governmental entity’s verification that
the provider has the necessary license and experience.
TRANSPORTATION
H.B. 2081 (Reynolds) – Crosswalk: would provide that it is a criminal offense for a person,
with criminal negligence, to operate a motor vehicle within the area of a crosswalk and cause
bodily injury to a pedestrian or a person operating a bicycle, scooter, electronic personal assistive
mobility device, neighborhood electric vehicle, or golf cart.
H.J.R. 109 (Walle) – Transportation Funding: would amend the Texas Constitution to provide
that dedicated revenue transferred to the state highway fund may be used for constructing,
maintaining, and acquiring rights-of-way for: (1) public transportation; (2) public bicycle paths;
and (3) public sidewalks. (Companion bill is S.J.R. 40 by Miles.)
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S.B. 763 (Powell) – Urban Air Mobility: would require the Texas Transportation Commission
to appoint an advisory committee to assess current state law and any potential changes to state
law that are needed to facilitate the development of urban air mobility operations and
infrastructure in this state. (Companion bill is H.B. 2637 by Cook.)
S.B. 826 (Hughes) – Digital Billboards: would: (1) require the Texas Department of
Transportation (TxDOT) to enter into an agreement with a private entity to provide information
necessary for certain statewide alert systems (e.g., Amber Alerts, Silver Alerts) through a system
of dynamic message signs that are: (a) located across the state; and (b) capable of displaying
digital images useful in locating the missing individual; (2) require that the agreement in (1)
generate net revenue to the state, and prohibit tax revenue from being used to fund the
installation and operation of the dynamic message signs; and (3) provide that TxDOT does not
have to comply with (1) if it would result in the loss of federal highway funding or other punitive
action would be taken against the state due to noncompliance with federal law, regulation, or
policy.
S.J.R. 40 (Miles) – Transportation Funding: would amend the Texas Constitution to provide
that dedicated revenue transferred to the state highway fund may be used for constructing,
maintaining, and acquiring rights-of-way for: (1) public transportation; (2) public bicycle paths;
and (3) public sidewalks. (Companion bill is H.J.R. 109 by Walle.)
UTILITIES AND ENVIRONMENT
H.B. 1820 (Zwiener) – TCEQ Penalties: would, among other things: (1) provide that the Texas
Commission Environmental Quality (TCEQ) may increase the amount of a penalty assessed
under the bill by an amount not to exceed an unspecified percentage of the maximum authorized
penalty if the alleged violator has a history of previous violations; (2) require TCEQ to adjust its
penalties for inflation each year; (3) require TCEQ to adopt rules to impose permit conditions
that establish a: (a) maximum number of emissions events that may occur in a year before the
commission will temporarily revoke the facility's permit or take another enforcement action; and
(b) maximum volume of emissions events, expressed in terms of a percentage of permitted
emissions, that may occur in a year before the commission will temporarily revoke the facility's
permit or take another enforcement action; (4) establish an excessive emissions event penalty of
not less than $1 per pound of each pollutant released that: (a) exceeds an authorized emission
limit for the pollutant, or (b) is not authorized by any permit, permit by rule, or regulation; (5)
create a toxic chemical emergency alert system; (6) require that the penalty for violation of a
community right-to-know statute must be tripled if a first responder is injured as a result of
exposure to a hazardous material while responding to an incident at the facility that is subject to
the penalty; (7) increase the penalty for each violation not provided for in statute to $50,000 per
day; (8) require that each day a continuing violation of a law under TCEQ’s jurisdiction occurs
to be considered a separate violation with certain exceptions; and (9) repeal the affirmative
defense to TCEQ enforcement of an emission event under the Clean Air Act.
H.B. 2148 (Stephenson) – Public Water Supplies: would require the Texas Commission on
Environmental Quality to give notice of the contamination to the owner or operator of each
public water supply system that may be affected by the contamination as soon as possible after
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TCEQ detects or becomes aware of contamination of water that is a source for a public water
supply and not later than the time TCEQ notifies the news media of the contamination.
H.B. 2224 (C. Bell) – Municipal Water Rates: would provide that a city or a municipally
owned utility may not establish a rate, applicable only to entities that qualify for a sales tax or
property tax exemption, that is higher than a rate established for entities that receive comparable
utility services. (Companion bill is S.B. 784 by Creighton.)
H.B. 2275 (Zwiener) – Critical Infrastructure Resiliency: would: (1) create a water
infrastructure resiliency fund that may be used by the Texas Water Development Board (TWDB)
only: (a) to make a grant to an entity, including local government entities that provide water or
wastewater services, for weatherizing and hardening water and wastewater systems, including,
but not limited to: (i) covering wells; (ii) purchasing reserve power supply such as such as onsite
generation and energy storage systems; and (iii) building connectivity to neighboring water
suppliers; (b) to pay the necessary and reasonable expenses of the board in administering the
infrastructure fund; (2) provide that in making grants under (1), the TWDB shall consider: (a) the
expected number of individuals who will benefit from the project; (b) existing infrastructure and
overall need for the project; (c) the potential benefit of the project to low income communities
and areas in disparate parts of the state; (d) equitable geographic distribution of grants awarded
throughout the state; (e) projects that utilize distributed energy resources; (f) the existence of
matching federal funds for the project and if available federal funds have been exhausted; and (g)
the total effect of the project's goals; (3) provide that a local government entity that provides
water or wastewater service that receives a grant under (1) is required to provide a match of at
least ten percent with an unspecified percentage of that match coming from local resources; (4)
create a critical infrastructure resiliency fund that may be used by the Texas Division of
Emergency Management (TDEM) to make a grant to an entity, including a municipally owned
utility; (5) create the electric grid improvement account as an account that is part of the critical
infrastructure fund, which TDEM may use to provide grants for related activities to: (a) localized
improvements to the electric grid and other energy systems with onsite generation including, but
not limited to, smart metering; and (b) improvements at and between buildings to create micro-
grids using onsite generation and energy storage; (6) create a local communications resiliency
account that is part of the critical infrastructure fund, which TDEM may use to provide grants for
activities related to: (a) hardening lines of emergency communication; and (b) purchasing reserve
power supply such as onsite generation and energy storage systems necessary to sustain
emergency communications; and (7) create a medical infrastructure resiliency account that is part
of the critical infrastructure fund, which TDEM may use to provide grants for activities related to
purchasing reserve power supply such as onsite generation and energy storage systems necessary
to sustain critical medical care.
H.B. 2350 (Zwiener) – TWDB Financial Assistance: would, among other things: (1) create a
water resource restoration program to be administered by the Texas Water Development Board
to assist in enhancing water quality in Texas through the provision of financial assistance to
political subdivisions for locally directed projects; (2) provide that a proposed project must be
compatible with the goals of the program and include the application of best management
practices for the primary purpose of water quality protection and improvement and may include:
(a) the preservation or restoration of regional scale natural landscape features, including forests,
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floodplains, and wetlands; (b) practices that reduce impervious cover in a watershed; (c)
practices that increase water infiltration and retention, including the use of bioretention, trees,
green roofs, permeable pavements, rain gardens, constructed wetlands, and cisterns; (d) the
implementation of green streets in public rights-of-way or urban forestry program to manage
stormwater and enhance tree health; (e) the expanded use of tree box filters; (f) stormwater
collection and distribution systems, including cisterns, separate stormwater sewer systems, and
downspout disconnection systems that use onsite stormwater management and remove
stormwater from sewer systems; (g) soil quality enhancement activities; (h) the removal and
replacement of turf with native grasses and vegetation that improve water infiltration; (i) the
establishment or restoration of permanent riparian buffers, floodplains, wetlands, and other
natural features including vegetative buffers, grass swales, soft bioengineered stream banks, and
stream daylighting; (j) the management of wetlands to improve water quality and support water
infiltration and retention; and (k) sustainable landscaping to improve hydrologic processes; (3)
provide that a proposed project may not include: (a) passive recreation activities and trails
including bike trails, playgrounds, athletic fields, picnic tables, and picnic grounds; (b) non-
permeable surface parking lots; (c) stormwater ponds or dirt-lined detention basins that serve an
extended or filtration function; (d) in-line and end-of-pipe treatment systems that only filter or
detain stormwater without the use of natural plants and trees; (e) underground stormwater control
and treatment devices, including hydrodynamic separators, baffle systems for grit, trash removal,
and oil and grease separators; (f) stormwater conveyance systems, including pipes and concrete
channels, that are not soil or vegetation based; (g) hardening, channelizing, dredging, or
straightening streams or stream banks; (h) street sweepers, sewer cleaners, and vacuum trucks
unless they support nature-based infrastructure projects; (i) supplemental environmental projects
required as a part of a consent decree; or (j) the acquisition of property, an interest in property, or
improvements to property through the use of eminent domain; and (4) require the TWDB to
adopt rules to establish a means of prioritizing projects in disadvantaged communities.
H.B. 2368 (Shaw) – Water Quality: would require the Texas Commission on Environmental
Quality (TCEQ) to establish and maintain a portal for local governments to access: (1)
information TCEQ has about water quality, including the results of an investigation it conducts;
and (2) any discharge monitoring report TCEQ receives.
H.B. 2369 (Shaw) – Weather-Related Disaster Emission Events: would require the Texas
Commission on Environmental Quality to adopt rules to implement, in the event of a state or
federally declared weather-related disaster, a system of staggered shutdowns for regulated
entities located in the area covered by the disaster declaration that are required to report
emissions events using certain criteria.
H.B. 2370 (Morales Shaw) – Concrete Plants: would, among other things, provide that a
representative of a school, place of worship, licensed day-care center, hospital, or medical
facility or a person residing within 440 yards of a proposed concrete plant is an affected person
and may request a permit application hearing with the Texas Commission on Environmental
Quality.
H.B. 2381 (Larson) – Texas Energy and Communications Commission: would establish the
Texas Energy and Communications Commission to consolidate the functions of the Public
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Utility Commission of Texas and the Railroad Commission of Texas. (Companion bill is S.B.
853 by Menéndez.)
H.B. 2422 (Zweiner) – Aggregate Productions: would authorize certain counties to: (1)
prohibit the construction or expansion of an aggregate production operation at a location less
than one mile from a residence, school, place of worship, hospital, or land platted for residential
development; and (2) establish conditions on the construction or expansion of an aggregate
production operation for locations in the county based on development patterns, distance from a
roadway, traffic conditions, emission of dust from an operation, or public safety.
H.B. 2470 (Rodriguez) – Public Utility Commission/Energy Blackouts: would require: (1) the
Public Utility Commission to adopt rules to develop a process for obtaining emergency reserve
power generation capacity as appropriate to prevent blackout conditions caused by shortages of
generated power in the ERCOT power region; (2) the rules in (1) to provide: (a) parameters for
estimating the amount of emergency reserve power generation capacity necessary to prevent
blackout conditions; and (b) mechanisms for equitably sharing the costs of making the reserve
capacity available and the costs of generated power provided to prevent blackout conditions; (3)
an independent organization for the ERCOT power region to adopt procedures and enter
contracts as necessary to ensure the availability of a defined amount of emergency reserve power
generation capacity the organization may call on to prevent blackouts caused by shortages of
generated power; and (4) the independent organization to use all other sources of power and
demand reduction available before the independent organization calls on the emergency reserve
power generation capacity to prevent blackout conditions. (Duplicate bills are H.B.
2472 by Thierry, H.B. 2480 by Reynolds, and H.B. 2506 by Jarvis Johnson.)
H.B. 2476 (Allison) – Weather Emergency Preparedness: would require: (1) the Railroad
Commission to require an operator of a gas well to implement measures to prepare the well to
operate during a weather emergency; (2) the Public Utility Commission to require each provider
of generation in the ERCOT power region to implement measures to prepare generation facilities
to provide adequate electric generation service during a weather emergency; (3) the PUC to
adopt rules that require each electric cooperative, municipally owned utility, and transmission
and distribution utility providing transmission or distribution service in the ERCOT power region
to implement measures to prepare facilities to maintain service quality and reliability during a
weather emergency; and (4) the RRC to adopt rules regarding measures gas pipeline facility
operators must implement to prepare gas pipeline facilities to maintain service quality and
reliability during a weather emergency.
H.B. 2481 (Reynolds) – Gas Weather Emergency Preparedness: would require: (1) the Public
Utility Commission to require each provider of generation in the ERCOT power region to
implement measures to prepare generation facilities to provide adequate electric generation
service during a weather emergency; (2) the PUC to adopt rules that require each electric
cooperative, municipally owned utility, and transmission and distribution utility providing
transmission or distribution service in the ERCOT power region to implement measures to
prepare facilities to maintain service quality and reliability during a weather emergency; and (3)
the Railroad Commission to adopt rules regarding measures gas pipeline facility operators must
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implement to prepare gas pipeline facilities to maintain service quality and reliability during a
weather emergency.
H.B. 2483 (P. King) – Utility Facilities for Restoring Service: would provide that: (1) a
transmission and distribution utility may lease or own and operate facilities that provide
temporary, emergency electric energy to aid in restoration of service to its own distribution
customers during a widespread outage; (2) a transmission and distribution utility may procure
and own, or enter into a cooperative agreement with other utilities to jointly procure and own,
long lead time facilities that would aid in restoration of electric service for its own distribution
customers following a widespread outage; (3) the Public Utility Commission shall permit a
transmission and distribution utility that leases or owns and operates facilities under this section
to recover the costs of leasing or ownership and operation of the facilities, using the rate of return
on investment established in the final order of the utility's most recent base rate proceeding; (4)
the PUC shall also authorize a utility to defer incremental operations and maintenance expenses
associated with the leasing or ownership of the facilities for recovery in a future ratemaking
proceeding; (5) a utility may request recovery of the costs of leasing or ownership and operation
of the facilities under the bill, including any deferred expenses, through a proceeding for periodic
rate adjustments or in another ratemaking proceeding; and (6) at the time the utility seeks cost
recovery of the facilities under (5), it shall submit an analysis of the costs and benefits of owning
versus leasing the facilities, if the facilities are available in the competitive marketplace.
H.B. 2526 (Shaheen) – Electric Grid Study: would: (1) require the Public Utility Commission
to conduct a study on electric grid resilience and emergency response in electric power
generation; (2) require that the study in (1) must include: (a) an analysis of: (i) technologies,
methods, and concepts that may improve community resilience to frequent or long-duration
power outages; (ii) upgrades and improvements to grid infrastructure to accommodate projected
changes in power demand; and (iii) previous long-duration power outages that occurred over a
large area to identify common elements and best practices for electricity restoration and the
mitigation and prevention of future outages; and (b) the development of: (i) methods to improve
government and community preparation for long-duration power outages and power outages that
occur over a large area; (ii) tools to help electric utilities ensure continuous delivery of electricity
to emergency facilities; (iii) tools to improve coordination between the independent organization
for the ERCOT power region, entities that distribute electric energy, and political subdivisions;
(iv) technologies and capabilities to withstand and address the current and predicted effect of
extreme weather events and other natural disasters, including the effect of the changing climate
on electric grid infrastructure; (v) methods to improve information sharing between relevant
federal and state agencies in the event of a mass power outage, or a physical or cyber attack on
electric infrastructure; (vi) advance monitoring, analytics, operation, and controls of electric grid
systems to improve electric grid resilience; (vii) methods to maintain cybersecurity during
restoration of electric grid infrastructure and operation; and (viii) methods to strengthen against
or otherwise natural hazards; (3) provide that in conducting the study, the PUC may collaborate
with other state agencies, institutions of higher education, nonprofit corporations, electric
utilities, and other interested persons; and (4) provide that the PUC shall report the results of the
study to the legislature by September 1, 2022.
55
S.B. 744 (Springer) – Electric Utilities: would, among other things, require an electric utility to
create and post on its website a map of Feeder lines and all other lines that connect a substation
to the area where power is to be finally distributed to the consumers.
S.B. 784 (Creighton) – Municipal Water Rates: would provide that a city or a municipally
owned utility may not establish a rate, applicable only to entities that qualify for a sales tax or
property tax exemption, that is higher than a rate established for entities that receive comparable
utility services. (Companion bill is H.B. 2224 by C. Bell.)
S.B. 817 (Gutierrez) – Winterization for Electric Utilities: would:
1. require the Public Utility Commission to require electric utilities, power generation companies,
municipally owned utilities, and electric cooperatives that operate generation facilities in Texas to:
a. prepare for extreme weather events to ensure reliable operation, meaning operating the elements of
the power system within equipment and electric system thermal, voltage and stability limits, so that
instability, uncontrolled separation or cascading will not occur as a result of a sudden disturbance,
including a cybersecurity incident or unanticipated failure of system elements;
b. obtain or perform a comprehensive engineering analysis to identify potential freezing problems or other
cold weather operational issues;
c. ensure that its heat tracing, insulation, lagging and wind breaks are designed to maintain water
temperature (in those lines with standing water) at or above 40 degrees when ambient temperature,
taking into account the accelerated heat loss due to wind, falls below freezing;
d. determine the duration that a power system can maintain water, air, or fluid systems above freezing
when offline, and have contingency plans for periods of freezing temperatures exceeding this duration;
e. establish policies that make winter preparation a priority each fall, establish personnel accountability
and audit procedures, and reinforce the policies annually;
f. develop a winter preventive maintenance program for its freeze protection elements, which should
specify inspection and testing intervals both before and during the winter, and at the end of winter, an
additional round of inspections and testing should be performed and an evaluation made of freeze
protection performance, in order to identify potential improvements, required maintenance, and freeze
protection component replacement for the following winter season;
g. prioritize repairs identified by the inspection and testing the proper functioning of freeze protection
systems will be completed before the following winter;
h. perform an assessment for each generating unit to determine the proper placement of temporary or
permanent wind breaks or enclosures to protect and prevent freezing of critical and vulnerable
elements during extreme weather, including in enclosed or semi‐enclosed spaces and provide that
temporary wind breaks should be designed to withstand high winds, and should be fabricated and
installed before extreme weather begins;
i. install thermometers in rooms containing equipment sensitive to cold and in freeze protection
enclosures to ensure that temperature is being maintained above freezing and to determine the need
for additional heaters or other freeze protection; and
j. fulfill any other standard adopted by the commission by rule concerning extreme weather
preparedness;
56
2. require, before each winter begins and before a forecast freezing weather, electric utilities, power
generation companies, municipally owned utilities, and electric cooperatives that operate generation
facilities in this state shall inspect, test, or maintain:
a. the power supply to all heat trace circuits, including all breakers and fuses;
b. the continuity of all heat trace circuits, check the integrity of all connections in the heat trace circuits,
and ensure that all insulation on heat traces is intact;
c. all heat trace controls or monitoring devices for proper operation, including but not limited to
thermostats, local and remote alarms, lights, and monitoring cabinet heaters;
d. the amperage and voltage for its heat tracing circuits and calculate whether the circuits are producing
the output specified in the design criteria, and maintain or repair the circuits as needed;
e. all accessible thermal insulation and verify that there are no cuts, tears, or holes in the insulation, or
evidence of degradation; and
f. the valves and connections are insulated to the same temperature specifications as the piping
connected to it;
3. require electric utilities, power generation companies, municipally owned utilities, and electric
cooperatives that operate generation facilities in Texas to train their personnel annually to increase
awareness of the capabilities and limitations of the freeze protection monitoring system, proper
methods to check insulation integrity and the reliability and output of heat tracing, and prioritization of
repair orders when problems are discovered;
4. require that, during an extreme weather event, electric utilities, power generation companies,
municipally owned utilities, and electric cooperatives that operate generation facilities in Texas to:
a. schedule additional personnel for around‐the‐clock coverage of the power system; and
b. drain any non‐critical service water lines in anticipation of severe cold weather; and
5. provide that a violation of Numbers 1‐4, above that interrupts the delivery of water, electric, or gas
utility service in Texas is punishable by a fine to not exceed $100,000 for each day the system remains in
violation.
S.B. 830 (Zaffirini) – Certificates of Convenience and Necessity: would provide that the
Public Utility Commission by rule shall require the municipality or franchised utility to submit a
report to the PUC verifying that the municipality or franchised utility has paid all required
adequate and just compensation to the retail public utility for obtaining the Certificate of
Convenience and Necessity for an annexed area previously served by the retail public utility.
(Companion bill is H.B. 837 by Lucio.)
S.B. 845 (Zaffirini) – Weatherization of Utilities: would, among other things: (1) require the
Public Utility Commission to adopt minimum weatherization standards for electric utilities,
transmission and distribution utilities, electric cooperatives, municipally owned utilities, and
generation providers that ensure services remain reasonably reliable in extreme weather
conditions; (2) impose an administrative penalty on utilities that fail to comply with (1) as
follows: (a) 30 days after a violator is notified that a violation has been identified, the PUC shall
impose of a penalty of not less than $25,000, unless: (i) the violator has requested a second
inspection by the PUC during which they demonstrate the violation was remedied; or (ii) the
violator has submitted a plan regarding how the violation will be cured, including a date by
which the corrective measures will be complete, that is approved by the PUC; (b) 31 days after a
57
violator is notified that a violation has been identified, the PUC shall impose a minimum
administrative penalty of not less than $2,500 for each day it continues; (c) 91 days after a
violator is notified that a violation has been identified, the PUC shall impose a minimum
administrative penalty of not less than $5,000, but not to exceed $25,000, per day for each day it
continues; and (3) provide that the imposition of administrative penalties for a violation under (1)
will cease upon completion of a second inspection conducted by the PUC during which they find
the violation was remedied.
S.B. 853 (Menéndez) – Texas Energy and Communications Commission: would establish the
Texas Energy and Communications Commission to consolidate the functions of the Public
Utility Commission of Texas and the Railroad Commission of Texas. (Companion bill is H.B.
2381 by Larson.)
S.B. 905 (Perry) – Potable Reuse of Wastewater: would: (1) define “direct potable reuse” as
the introduction of treated reclaimed water either directly into a potable water system or into the
raw water supply entering a drinking water treatment plant; and (2) require the Texas
Commission on Environmental Quality to develop and make available to the public a regulatory
guidance manual to explain TCEQ rules that apply to potable reuse.
58
Doing Business with
Local Governments
& State Agencies
This workshop will cover:
The basics of doing business with local governments and state agencies
How to become a certified Historically Underutilized Business (HUB) or Minority/
Women-owned Business Enterprise (MWBE)
How to register as a vendor
How to respond to a solicitation
Benefits of public contracting
Benefits of registering as a diverse supplier
Upcoming business opportunities
This is a FREE online workshop, but preregistration is required.
Visit http://bit.ly/dentonsmallbiz or click “REGISTER.”
Hosted in partnership with the Denton Black Chamber of Commerce and the following participants:
Questions? Contact Kay Brown-Patrick at Kay.Patrick@cityofdenton.com
REGISTER
THURSDAY, MARCH 18, 2021
10:30 a.m. to NOON, via ZOOM
The City of Denton invites you to
join us for an online workshop about
doing business with local governments
and state agencies, including the
procurement process, bids, contracts,
and more.
03/01/2021• ADA/EOE/ADEA
TDD (800) 735-2989
www.cityofdenton.com
59
Government Treasurers’ Organization of Texas
1155 Union Circle #305129 http://gtot.unt.edu/ An Affiliate of the Association of Public
Denton, TX 76203-5017 -369-8771 fax Treasurers United States and Canada
February 10, 2021
Randee Klingele
Treasury Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Dear Randee:
On behalf of the Investment Policy Review Committee, I am pleased to inform you that the
Government Treasurers’ Organization of Texas (GTOT) has awarded the Certificate of Distinction
to the City of Denton for its Investment Policy. Members of the Review Committee congratulate the
Board for its commitment to maintaining a comprehensive written investment policy that meets the
criteria set forth in the GTOT Investment Policy Review Checklist.
Congratulations once again on an excellent policy and thank you for participating in ou r certification
program. Your certificate is being mailed under separate cover and is good for a two-year period
ending February 28, 2023.
Sincerely,
Amy Anderson
GTOT Investment Policy Review Committee
60
Government Treasurers’ Organization of Texas
Investment Policy Certification Checklist
Office Use Only
Entity: City of Denton (Resolution No. 20-2429) Reviewer: Amy Anderson
Date: 2/10/2021
*Applicant must indicate in this column where item is located in the investment policy submitted for review. (Example:
Authorized and Suitable Investments, Section 6, page 10)
CRITERIA PLACEMENT
IN POLICY*
ACCEPTABLE
(RECOMMENDATIONS)**
UNACCEPTABLE
(RECOMMENDATIONS)
Policy Statement
Policy statement emphasizing the guiding principles
of the investment program and conformance to all
statutes, rules and regulations governing th e
investment of public funds.
SEC. I
PG. 1 YES
Scope
List of funds covered by the policy. Funds can either
be defined specifically as they are listed in the
CAFR, or more generally (i.e. short-term operating
funds). This section should also specify which funds,
if any, are combined for investing purposes as a
“pooled fund group”, and which funds are managed
as “separately invested assets”, as defined in PFIA
2256.002(9).
SEC. II
PG. 1
YES
General Objectives
Investment policy must primarily emphasize safety
of principal, liquidity [PFIA 2256.005 (b)(2)], and
yield [PFIA 2256.005 (b)(3)]. Policy includes
procedures to monitor rating changes and liquidation
of such investments consistent with [PFIA 2256.005
(b)(4)(F)].
SEC. III
PG. 2-3 &
SEC.VII SUB. A
PG. 8
YES
Prudent Person Rule
“Prudent Person” statement relating to the standard
of care that must be exercised when investing public
funds. PFIA 2256.006 (a-b)
SEC. III SUB. F
PG. 3 &
SEC. VI
SUB. D
PG. 7
YES
Capability of Investment Management
Investment policy must address quality and
capability of investment management. PFIA
2256.005 (b)(3)
SEC. VII
PG. 8-12 YES
Ethics Disclosure and Conflicts of Interest
Investment Policy must require the investment
officer(s) to file a disclosure statement with the
Texas Ethics Commission and the governing body if:
a. the officer has a personal business relationship
with a business organization offering to engage in
an investment transaction with the City (as defined
in 2256.005 (i)(1-3)); or
b. the officer is related within the second degree by
affinity or consanguinity, as determined under
Chapter 573 of the Texas Government Code, to
an individual seeking to transact investment
business with the entity. PFIA 2256.005 (i)
SEC. VI
SUB. B & C
PG. 6
YES
61
CRITERIA PLACEMENT
IN POLICY*
ACCEPTABLE
(RECOMMENDATIONS)**
UNACCEPTABLE
(RECOMMENDATIONS)
Delegation of Investment Authority
Investment Policy must designate one or more
officers of the entity as the investment officer(s)
responsible for the investment of its funds (does not
apply to a state agency, local government, or
investment pool for which an officer of the entity is
assigned by law the function of investing funds).
PFIA 2256.005 (f)
SEC. VI
SUB. A
PG. 5-6
YES
Investment Training
Investment training is required for the treasurer,
CFO, and the investment officer(s) of a local
government (see 2256.007 for training requirements
for state agencies). Training must be received from
an independent source, approved by the entity’s
governing body or investment committee, and must
include education in investment controls, security
risks, strategy risks, market risks, diversification of
investment portfolio, and compliance with PFIA. The
hours of training vary and must be completed within
a specific number of months of taking office or
assuming duties. Thereafter, renewal training hours
must be completed every two years. (State
Agencies, Higher Education, and Community
Colleges training cycles are concurrent with the
state fiscal biennium.) (Local governments training
cycles are concurrent with the government s’ fiscal
year.) Training hours vary with entity types and
investment holdings of municipalities and schools
with local investments. Training requirements can
be viewed at https://cpm.hps.unt.edu/training-
requirements. PFIA 2256.008
SEC. VI
SUB. A
PG. 5-6
YES
62
CRITERIA PLACEMENT
IN POLICY*
ACCEPTABLE
(RECOMMENDATIONS)**
UNACCEPTABLE
(RECOMMENDATIONS)
Signed Investment Policy Certification form
HB 1701 changes “person” to “business
organization” and narrowly defines business
organization as either an investment pool or an
investment management firm under contract to
manage the entity’s portfolio with discretionary
authority. Very few investment management
contracts for public funds grant such discretion,
meaning investment pools will generally be the only
organizations still required to sign this certification.
This bill has all but killed the legal requirement for
the policy certification Public entities may wish to
revise their investment policy as it seems likely that
brokers, absolved of this legal requirement, may no
longer be willing to sign those certifications.
Public entities should still provide their investment
policy to their brokers, who in fact should be asking
for it. Among other things, FINRA’s “Know Your
Customer” rules, largely established by the suitability
requirements of FINRA Rule 2111, require that
brokers, “have a reasonable basis to believe that a
recommendation is suitable for a particular customer
based on that customer’s investment profile.”
Providing the broker with your investment policy
should very clearly describe your investment profile,
particularly with regard to the primary objective of
safety of principal.
Compliant certification includes acknowledging that
the business organization has:
a. received and reviewed the entity’s Investment
Policy; and
b. implemented reasonable procedures and controls
in an effort to preclude investment transactions
conducted between the entity and the organization
that are not authorized by the entity’s Investment
Policy, except to the extent that this authorization
is dependent on an analysis of the makeup of the
entity’s entire portfolio or requires an interpretation
of subjective investment standards. PFIA
2256.005 (k-l)
SEC. XI
SUB. D
PG. 15
YES
Establishment and annual review of qualified
bidders list
Investment Policy must require either the entity’s
governing body, or its Investment Committee to, at
least annually, review, revise, and adopt a list of
qualified brokers that are authorized to engage in
investment transactions with the entity. PFIA
2256.025
SEC. XI
SUB. B
PG. 14
YES
Independent Third-Party Safekeeping
Securities and collateral will be held by a third party
custodian designated by the entity, and held in the
entity’s name as evidenced by safekeeping receipts
of the institution with which the securities are
deposited.
SEC. XII
SUB. A & B
PG. 15-16
YES
Delivery vs. Payment
Investment Policy must require “delivery vs.
payment” (DVP) settlement of all transactions,
except local government investment pool and mutual
fund transactions. PFIA 2256.005 (b)(4)(E)
SEC. XII
SUB. B
PG. 16
YES
63
CRITERIA PLACEMENT
IN POLICY*
ACCEPTABLE
(RECOMMENDATIONS)**
UNACCEPTABLE
(RECOMMENDATIONS)
Competitive Bidding
Investment Policy should require at least three
competitive offers or bids for all individual security
purchases and sales (excluding transactions with
money market mutual funds, local government
investment pools and when issued securities, which
are deemed to be made at prevailing market rates).
SEC. IX
PG. 13 YES
Suitable and Authorized Investments
List the types of authorized investments in which the
investing entity’s funds may be invested.
Investments authorized by PFIA are listed in
Sections 2256.009 – 2256.016 and Section
2256.019 – 2256.0201. It is recommended that
investment descriptions be either directly quoted
from PFIA and/or referenced to PFIA. Be sure to
include minimum required ratings and maximum
allowable stated maturities, where applicable. If
Repurchase Agreements are an authorized
investment, the policy should require execution of a
“Master Repurchase Agreement”. Your policy may
be more restrictive than PFIA and need not include
every investment authorized by PFIA.
PFIA 2256.005 (b)(4)(A-B)
SEC. VII
SUB. B
PG. 8
YES
Prohibited Investments
An entity may choose to prohibit certain investments
that are authorized by PFIA. The Policy should
either:
a. list prohibited investments, including those
specifically prohibited in PFIA 2256.009 (b)(1-4);
or
b. state only those investments listed in this section
are authorized.
SEC. VII
SUB. D
PG. 11
YES
Effect of Loss of Required Rating
All prudent measures will be taken to liquidate an
investment that is downgraded to less than the
required minimum rating. PFIA 2256.021 (do we
need to state this twice, it was added to General
Objectives)
SEC.VII SUB. A
PG. 8 YES
Collateral Policy
The governing body must approve a written policy
relating to collateralization. It should be included in
the Investment Policy and require collateralization
for all uninsured collected balances, plus accrued
interest, if any. In addition, the policy should address
acceptance, substitution, release, and valuation of
collateral. Collateral for Public Funds, Chapter
2257, Texas Government Code
SEC. XII
SUB. A
PG. 15-16
YES
Diversification and Maximum Maturities
Investment policy must address investment
diversification, yield, and maturity. (Yield is normally
addressed under General Objectives following
primary objectives of safety of principal and
liquidity.) PFIA 2256.005 (b)(3)
SEC. III
PG. 2-3 & SEC.
VII SUB. E
PG. 11-12
YES
64
CRITERIA PLACEMENT
IN POLICY*
ACCEPTABLE
(RECOMMENDATIONS)**
UNACCEPTABLE
(RECOMMENDATIONS)
Investment Strategies
The Investment Policy must require adoption by the
governing body of a separate investment strategy for
each of the funds, or group of funds, under its
control. Each investment strategy must describe the
investment objectives for the particular fund using
the following priorities in order of importance:
(1) understanding of the suitability of the
investment to the financial requirements of the
entity;
(2) preservation and safety of principal;
(3) liquidity;
(4) marketability of the investment if the need
arises to liquidate the investment before
maturity;
(5) diversification of the investment portfolio; and
(6) yield (assign performance benchmarks as
appropriate) PFIA 2256.005 (d)
SEC. IV
SUB. A- D
PG. 3-5
YES
Weighted Average Maturity for Pooled Fund
Groups
If your entity combines funds as a “pooled fund
group” for investing purposes, then the maximum
dollar-weighted average maturity of the portfolio,
based on the stated maturity date, must be included
in your Investment Policy. PFIA 2256.005 (b)(4)(C)
SEC. IV
SUB. A
PG. 4
YES
Quarterly Reporting
Investment Policy must require quarterly investment
reports, prepared by the investment officer(s) and
submitted to the governing body. Specific PFIA
reporting requirements should be either be included
in your policy or referenced to PFIA. PFIA 2256.023
SEC. VI
SUB. E
PG. 7
YES
Review by Independent Auditor
Quarterly reports must be formally reviewed at least
annually by an independent auditor and reported to
the governing body. (An entity is exempt from this
review if it only invests in money market mutual
funds, investment pools or accounts offered by its
depository bank in the form of CDs or money market
accounts.) PFIA 2256.023 (d)
SEC. VI
SUB. E
PG. 7
YES
Marking to Market
The market value of the portfolio must be
determined at least quarterly and included in the
quarterly investment reports. The Investment Policy
must include methods to monitor the market price of
investments acquired with public funds (e.g. IDC,
Bloomberg, etc.) PFIA 2256.005 b)(4)(D)
SEC. VI
SUB. E & G
PG. 7-8
YES
Internal Controls
Investment Policy must require, in conjunction with
its annual financial audit, a compliance audit of
management controls on investments and
adherence to the entity’s established investment
policies (see 2256.005(n) for the requirement for
state agencies). PFIA 2256.005 (m)
SEC. VI
SUB. E
PG. 7 &
SEC. XIII
PG. 16-17
YES
Exemption for Existing Investments
An entity is not required to liquidate investments that
were authorized investments at the time of
purchase. PFIA 2256.017
SEC.VII SUB. A
PG. 8 YES
65
CRITERIA PLACEMENT
IN POLICY*
ACCEPTABLE
(RECOMMENDATIONS)**
UNACCEPTABLE
(RECOMMENDATIONS)
Annual Review and Adoption of Investment
Policy and Strategies
Investment Policy must require the governing body
to, not less than annually, adopt a written instrument
stating that it has reviewed the Investment Policy
and investment strategies and that the written
instrument so adopted shall record any changes
made to either the policy or strategies. PFIA
2256.005 (e)
SEC. I
PG. 1 YES
**Reviewer may assign an “acceptable” grade to an item and, if desired, also indicate how the discussion of the item may
be improved in the policy.
Rev. 9/19
66
Government Treasurers’ Organization of Texas Certification of Investment Policy Presented to the City of Denton for developing an investment policy that meets the requirements of the Public Funds Investment Act and the standards for prudent public investing established by the Government Treasurers’ Organization of Texas. ______________________________________ ________________________________________ Government Treasurers’ Organization of Texas Investment Policy Review Committee President For the two-year period ending February 28, 2023 67
NEWSpring 2021Click to Read
68
69
Date: March 5, 2021 Report No. 2021-013
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Provide details on the archeological findings at the Hickory Creek Interceptor project site.
EXECUTIVE SUMMARY:
During the March 2, 2021 Capital Projects Update work session, Mayor Pro Tem Davis requested
information on details associated with the archeological findings at the project site for the Hickory
Creek Interceptor Project.
BACKGROUND:
As part of the Hickory Creek Interceptor project design, an archeological survey was conducted
in October 2020 covering 2.46 miles of the proposed wastewater interceptor easement along
Hickory Creek.
The survey consisted of visual inspection and backhoe trenching of 24 trenches spaced
approximately 476 feet apart and approx. 6.5-8.5 feet deep. Two archeological sites were
recorded, one formerly known near Bonnie Brae but the area has expanded with this survey. The
second is a newly found site near US 377. Both sites had similar characteristics. Specifically,
they are deeply buried under
more than a meter of
alluvium (clay or silt left by
flowing water) and both sites
exhibit burned sandstone rock
concentrations and mussel
shell debris in a thick cultural
sediment zone marked by
calcium carbonate filaments.
Both sites are of unknown
eligibility as State Antiquities
Landmarks until further
testing is completed.
To-date, one artifact has been
collected, a Kent -like dart
point (arrowhead). All
remaining material at the sites
has been field recorded
instead of collected.
41DTN580
41DTN624
Site locations are depicted above
70
Date: March 5, 2021 Report No. 2021-013
Conclusion/Next Steps:
An archeological survey found that the two sites contain indigenous pre -contact period features.
As avoidance of the sites is not feasible for completion of the Hickory Creek Interceptor Project,
formal eligibility testing for them has been recommended by the Texas Historical Commission
(THC), the state board which oversees review and compliance for Section 106 of the National
Historic Preservation Act (NRHP) and the Antiquities Code of Texas (ACT). Staff is currently
working with a consultant to ensure necessary site protections and archeological discovery can
occur while also proceeding with the selection of a contractor to construct the first two phases of
the Hickory Creek Interceptor project.
NORTHERN SITE SUMMARY
A) Late Archaic/Woodland Period dart point
on the surface of the exposed detention pond bank.
A
B
C
71
Date: March 5, 2021 Report No. 2021-013
B) Mussel shell fragments and burned
sandstone from Trench 2
C) Burned sandstone feature in floor of Trench 3
at a depth of 8.75 feet below surface.
72
Date: March 5, 2021 Report No. 2021-013
SOUTHERN SITE SUMMARY
Four (4) trenches were tested positive (Trenches 12, 13, 14, 15). The main concentration of
material at Site 41DN624 is located on the north site of the BNSF Railroad and US 377.
Although the limits of the site are drawn to extend around Trench 15 on the south side of the
roadway, investigators noted just two tabular burned sandstone rocks and just three mussel shell
fragments in trench walls.
D) Burned sandstone cluster Trench 12,
buried 4.25 feet below surface.
(14)
D (12)
E (13)
(15)
73
Date: March 5, 2021 Report No. 2021-013
STAFF CONTACTS:
Rachel Wood
Deputy Director of Capital Projects
(940) 349-7718
Rachel.Wood@cityofdenton.com
Tracy Beck
Construction Project Manager
(940) 349-8925
Tracy.Beck@cityofdenton.com
REQUESTOR: Mayor Pro Tem Davis
STAFF TIME TO COMPLETE REPORT:
One hour
74
March 5, 2021 Report No. 2021-014
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Criminal Trespass
EXECUTIVE SUMMARY:
On February 26, 2021, Council Member Armintor requested information on the Denton Police
Department’s policy in criminal trespass situations. This Informal Staff Report provides Mayor
Hudspeth and Council information on laws regarding Criminal Trespass on private and public
property. Texas Penal Code Section 30.05. CRIMINAL TRESPASS is attached.
DISCUSSION:
There are certain situations where the law doesn’t have a black-and-white answer to the
possession of property, and whether a situation constitutes criminal trespass. One such example
is when a person has allowed a person they are dating to stay at their home for an amount of
time, the relationship then sours, and the person now wants the other to leave, but violence has
not occurred. Officers will respond and complete a report. Officers will attempt to determine the
extent of the arrangement, knowing the information gained from each party will differ. Any
written formal agreement between the parties, such as a lease, would lessen the officer’s ability
to make one party leave the home. Other details – such as splitting of bills, change of address on
identification, and receipt of mail at the home by either party – that can be proven at the time will
be considered by the officers. These details are not often able to be proven in the moment, on
scene. Officers should ask the visitor to leave when formal documentation cannot be produced
that would prove their claim to residency. If the visitor does not leave after being given notice,
they could be arrested for criminal trespass. Some situations become more complicated when
formal documentation cannot be produced but both parties agree that they have lived together for
a long period of time (i.e. years).
Officers’ decisions should always be made with the sanctity of life and safety of the victim first
in mind. In circumstances where two or more parties have any legal interest in the property, it is
extremely doubtful that officers would issue a criminal trespass notice to either, since the
department would consider the situation a civil matter.
75
March 5, 2021 Report No. 2021-014
ATTACHMENTS:
Texas Penal Code Section 30.05. CRIMINAL TRESPASS
STAFF CONTACT:
Frank Dixon, Chief of Police / Interim Assistant City Manager
940-349-7925
Frank.dixon@cityofdenton.com
REQUESTOR:
Council Member Deb Armintor
STAFF TIME TO COMPLETE REPORT:
2 hours
76
Texas Penal Code Section 30.05. CRIMINAL TRESPASS.
(a) A person commits an offense if the person enters or remains on or in property of another,
including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other
vehicle, without effective consent and the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent
authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude intruders or to
contain livestock;
(C) a sign or signs posted on the property or at the entrance to the building,
reasonably likely to come to the attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or posts on the
property, provided that the marks are:
(i) vertical lines of not less than eight inches in length and not less than
one inch in width;
(ii) placed so that the bottom of the mark is not less than three feet
from the ground or more than five feet from the ground; and
(iii) placed at locations that are readily visible to any person
approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other than forest land; or
(E) the visible presence on the property of a crop grown for human
consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the
time of entry.
(3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources
Code.
(4) "Forest land" means land on which the trees are potentially valuable for timber
products.
(5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and
Remedies Code.
(6) "Superfund site" means a facility that:
77
(A) is on the National Priorities List established under Section 105 of the
federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C.
Section 9605); or
(B) is listed on the state registry established under Section 361.181, Health and
Safety Code.
(7) "Critical infrastructure facility" means one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to exclude intruders:
(A) a chemical manufacturing facility;
(B) a refinery;
(C) an electrical power generating facility, substation, switching station,
electrical control center, or electrical transmission or distribution facility;
(D) a water intake structure, water treatment facility, wastewater treatment
plant, or pump station;
(E) a natural gas transmission compressor station;
(F) a liquid natural gas terminal or storage facility;
(G) a telecommunications central switching office;
(H) a port, railroad switching yard, trucking terminal, or other freight
transportation facility;
(I) a gas processing plant, including a plant used in the processing, treatment,
or fractionation of natural gas; or
(J) a transmission facility used by a federally licensed radio or television
station.
(8) "Protected freshwater area" has the meaning assigned by Section 90.001, Parks and
Wildlife Code.
(9) "Recognized state" means another state with which the attorney general of this state,
with the approval of the governor of this state, negotiated an agreement after determining that the other
state:
(A) has firearm proficiency requirements for peace officers; and
(B) fully recognizes the right of peace officers commissioned in this state to
carry weapons in the other state.
(10) "Recreational vehicle park" has the meaning assigned by Section 13.087, Water
Code.
(11) "Residential land" means real property improved by a dwelling and zoned for or
otherwise authorized for single-family or multifamily use.
(12) "Institution of higher education" has the meaning assigned by Section 61.003,
Education Code.
78
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009.
(d) An offense under this section is:
(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);
(2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is
committed:
(A) on agricultural land and within 100 feet of the boundary of the land; or
(B) on residential land and within 100 feet of a protected freshwater area; and
(3) a Class A misdemeanor if:
(A) the offense is committed:
(i) in a habitation or a shelter center;
(ii) on a Superfund site; or
(iii) on or in a critical infrastructure facility;
(B) the offense is committed on or in property of an institution of higher
education and it is shown on the trial of the offense that the person has previously been convicted of:
(i) an offense under this section relating to entering or remaining on or
in property of an institution of higher education; or
(ii) an offense under Section 51.204(b)(1), Education Code, relating to
trespassing on the grounds of an institution of higher education; or
(C) the person carries a deadly weapon during the commission of the offense.
(d-1) For the purposes of Subsection (d)(3)(B), a person has previously been convicted of an
offense described by that paragraph if the person was adjudged guilty of the offense or entered a plea of
guilty or nolo contendere in return for a grant of deferred adjudication community supervision, regardless
of whether the sentence for the offense was ever imposed or whether the sentence was probated and the
person was subsequently discharged from deferred adjudication community supervision.
(d-2) At the punishment stage of a trial in which the attorney representing the state seeks the
increase in punishment provided by Subsection (d)(3)(B), the defendant may raise the issue as to whether,
at the time of the instant offense or the previous offense, the defendant was engaging in speech or
expressive conduct protected by the First Amendment to the United States Constitution or Section 8,
Article I, Texas Constitution. If the defendant proves the issue in the affirmative by a preponderance of
the evidence, the increase in punishment provided by Subsection (d)(3)(B) does not apply.
(e) It is a defense to prosecution under this section that the actor at the time of the offense was:
(1) a firefighter or emergency medical services personnel, as defined by Section
773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent
circumstances;
(2) a person who was:
(A) an employee or agent of:
79
(i) an electric utility, as defined by Section 31.002, Utilities Code;
(ii) a telecommunications provider, as defined by Section 51.002,
Utilities Code;
(iii) a video service provider or cable service provider, as defined by
Section 66.002, Utilities Code;
(iv) a gas utility, as defined by Section 101.003, Utilities Code, which
for the purposes of this subsection includes a municipally owned utility as defined by that section;
(v) a gas utility, as defined by Section 121.001, Utilities Code;
(vi) a pipeline used for the transportation or sale of oil, gas, or related
products; or
(vii) an electric cooperative or municipally owned utility, as defined by
Section 11.003, Utilities Code; and
(B) performing a duty within the scope of that employment or agency; or
(3) a person who was:
(A) employed by or acting as agent for an entity that had, or that the person
reasonably believed had, effective consent or authorization provided by law to enter the property; and
(B) performing a duty within the scope of that employment or agency.
(f) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property or land or in the building was forbidden is
that entry with a handgun was forbidden; and
(2) the person was carrying:
(A) a license issued under Subchapter H, Chapter 411, Government Code, to
carry a handgun; and
(B) a handgun:
(i) in a concealed manner; or
(ii) in a shoulder or belt holster.
(f-1) It is a defense to prosecution under this section that:
(1) the basis on which entry on the property was forbidden is that entry with a firearm
or firearm ammunition was forbidden;
(2) the actor is:
(A) an owner of an apartment in a condominium regime governed by Chapter
81, Property Code;
(B) an owner of a condominium unit governed by Chapter 82, Property Code;
(C) a tenant or guest of an owner described by Paragraph (A) or (B); or
(D) a guest of a tenant of an owner described by Paragraph (A) or (B);
(3) the actor:
80
(A) carries or stores a firearm or firearm ammunition in the condominium
apartment or unit owner's apartment or unit;
(B) carries a firearm or firearm ammunition directly en route to or from the
condominium apartment or unit owner's apartment or unit;
(C) carries a firearm or firearm ammunition directly en route to or from the
actor's vehicle located in a parking area provided for residents or guests of the condominium property; or
(D) carries or stores a firearm or firearm ammunition in the actor's vehicle
located in a parking area provided for residents or guests of the condominium property; and
(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm
ammunition.
(f-2) It is a defense to prosecution under this section that:
(1) the basis on which entry on a leased premises governed by Chapter 92, Property
Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;
(2) the actor is a tenant of the leased premises or the tenant's guest;
(3) the actor:
(A) carries or stores a firearm or firearm ammunition in the tenant's rental unit;
(B) carries a firearm or firearm ammunition directly en route to or from the
tenant's rental unit;
(C) carries a firearm or firearm ammunition directly en route to or from the
actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased
premises; or
(D) carries or stores a firearm or firearm ammunition in the actor's vehicle
located in a parking area provided for tenants or guests by the landlord of the leased premises; and
(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm
ammunition.
(f-3) It is a defense to prosecution under this section that:
(1) the basis on which entry on a leased premises governed by Chapter 94, Property
Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden;
(2) the actor is a tenant of a manufactured home lot or the tenant's guest;
(3) the actor:
(A) carries or stores a firearm or firearm ammunition in the tenant's
manufactured home;
(B) carries a firearm or firearm ammunition directly en route to or from the
tenant's manufactured home;
81
(C) carries a firearm or firearm ammunition directly en route to or from the
actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the
leased premises; or
(D) carries or stores a firearm or firearm ammunition in the actor's vehicle
located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises;
and
(4) the actor is not otherwise prohibited by law from possessing a firearm or firearm
ammunition.
(g) It is a defense to prosecution under this section that the actor entered a railroad switching
yard or any part of a railroad switching yard and was at that time an employee or a representative of
employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
(h) At the punishment stage of a trial in which the attorney representing the state seeks the
increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to
whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or
lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the
defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in
punishment provided by Subsection (d)(3)(A)(iii) does not apply.
(i) This section does not apply if:
(1) the basis on which entry on the property or land or in the building was forbidden is
that entry with a handgun or other weapon was forbidden; and
(2) the actor at the time of the offense was a peace officer, including a commissioned
peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal
Procedure, regardless of whether the peace officer or special investigator was engaged in the actual
discharge of an official duty while carrying the weapon.
82
March 5, 2021 Report No. 2021-015
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Domestic Violence
EXECUTIVE SUMMARY:
During the February 12, 2021 Council Retreat, City Council members discussed how the Denton
Police Department (DPD) educates, enforces, and works with partner agencies and the
community to prevent domestic violence. This Informal Staff Report provides Mayor Hudspeth
and Council information on how DPD is working to enforce Domestic Violence laws, educate
the public, and protect victims.
DISCUSSION:
In mid-2017, the Denton Police Department partnered with International Association of Chiefs
of Police (IACP) and Denton County Friends of the Family (DCFOF), through a grant, to train
our officers to use a victim-centered approach in domestic violence cases. Specifically,
nationally recognized trainers brought training to Denton that focused on Sex Assault and
Strangulation. Additionally, the department attended training at other locations, and culminated
in a meeting at the IACP Headquarters with the other departments who participated in the grant.
Since January of 2019, the Denton Police Department has been in the process of completely
overhauling existing policies (General Orders). As part of our agency Mission statement, we
included language that was developed between DPD and IACP that says in part, “by keeping
victims safe and holding offenders accountable.”
The Denton Police Department works very closely with Denton County Friends of the Family in
outreach, education, and initiatives. DPD is a flagship agency for the Domestic Violence High
Risk Team (DVHRT), which brings together law enforcement, prosecutors, probation/parole,
counseling, and DCFOF to staff cases monthly. During these meetings, high-risk cases are
discussed in a holistic manner, looking at all angles of them and those involved. An emphasis is
made on keeping survivors safe from ongoing or escalating violence and connected to services.
Additionally, DPD attends and participates in several community conversations facilitated by
DCFOF, including “An Evening of Raised Awareness” on February 26, 2021, and “The Impact
of COVID on Domestic Violence Cases,” to name a few.
One very important initiative DPD is working on in 2021 is our Domestic Violence Strategic
Plan, which will include our identifying and proactively tracking dangerous offenders in high-
risk cases. We know in law enforcement that many times domestic violence cases begin with
verbal abuse and intimidation and escalates to physical assault. Sometimes these cases manifest
themselves in the most tragic manner: a domestic-related homicide. In 2020, the City of Denton
had three (3) such cases.
83
March 5, 2021 Report No. 2021-015
The Denton Police Department is committed to maintaining our multi-faceted focus on training,
equipment, and best practiced policy. All these areas are reviewed on, at a minimum, an annual
basis, but many times as an ongoing practice.
Additionally, this legislative session, Chief Dixon is lending his support for a bill to be named
the Christine Blubaugh Act in coordination with other North Texas Chiefs. The bill, named in
memory of a high school student killed by a former boyfriend, will create an ongoing educational
program for public school children that will focus on education and awareness of domestic
violence and dating violence.
The department continues to utilize our social media channels and the City of Denton
Communications team to facilitate the sharing of pertinent information related to domestic
violence and will continue in this effort. Please feel free to reach out to Chief Dixon if you have
any questions or concerns.
ATTACHMENTS:
Christine Blubaugh Act
STAFF CONTACT:
Frank Dixon, Chief of Police / Interim Assistant City Manager
940-349-7925
Frank.dixon@cityofdenton.com
REQUESTOR:
City Council
STAFF TIME TO COMPLETE REPORT:
4 hours
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Date: March 5, 2021 Report No. 2021-016
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
2020 Stoke Denton Annual Report
EXECUTIVE SUMMARY:
Stoke Denton, operated by Hickory & Rail Ventures, LLC (HRV), provides support for the
entrepreneurial, technology-focused, and start-up community in Denton. In Fall 2017, Denton
City Council executed a contract with HRV for management of Stoke Denton. The management
agreement is in place through June 30, 2021. As a requirement of the management agreement,
HRV provides a comprehensive annual report to the City’s Director of Economic Development
that summarizes the outputs and outcomes related to membership, marketing, programming and
events, and partnerships.
BACKGROUND
After a request for proposals (RFP 6571) process in Fall 2017, City Council awarded a one-year
contract for management of the City’s Stoke Denton Entrepreneur Center to Hickory & Rail
Ventures (HRV), LLC. HRV began management of Stoke on Dec. 1, 2017. Throughout the first
year of the contract, HRV met all contract terms. In November 2018, City Council approved an
extension and amendment to the management contract that will continue until Feb. 28, 2021. On
October 27, 2020, the City Council extended the management agreement through June 30, 2021
to align with the termination date of the City’s lease at the Railyard.
HRV is a local business founded by a Denton tech entrepreneur with established relationships in
the Denton tech community. HRV’s goal is for Stoke to be self-sustaining by the end of the
City’s lease term for the space, and its RFP pro forma was built on that goal. One of HRV’s
methods to work toward sustainability is to pay the City a $1,000/month rent offset in contract
Year 2 and a $2,000/month rent and utility offset in contract Year 3.
HRV began management of Stoke on December 1, 2017. The contract specified deliverables and
metrics to be provided, including a comprehensive annual report and a semi-annual report. In
addition, City and HRV staff meet regularly to review and discuss Stoke’s monthly report,
ensure that all conditions are being met under the contract, and to identify opportunities for
business development and collaboration.
Annual Report Summary
Attached as Exhibit 1 is the annual report provided by HRV for Stoke Denton, which includes
metrics related to membership, marketing, programming and events. Key takeaways from the
report include:
Of 64 member companies at Stoke Denton, 48% are technology-based.
88
Date: March 5, 2021 Report No. 2021-016
While most companies paid for virtual memberships or access to the general coworking
area, Stoke maintained consistent memberships for companies who required a dedicated
private office for their operations.
In August 2020, Stoke and the Texas Woman’s University (TWU) Center for Women
Entrepreneurs launched AccelerateHER, a startup program for female entrepreneurs.
Stoke sponsored the University of North Texas Hackathon in November and Texas
Academy of Mathematics & Science hack events.
Stoke partnered with North Texas Central College to host a virtual tech career fair.
Stoke Executive Director, Heather Gregory, currently serves on the Denton Business
Allies. This committee, coordinated by the City of Denton Economic Development
Department, is a consortium of Denton civic leaders that aims to support local businesses
with resources and educational efforts.
Stoke transitioned to virtual programming in March 2020.
Staff held weekly “Coffee + Convo” and “Lunch + Learns” with local entrepreneurs and
community members to maintain community connection. Programming was published on
Stoke’s social media channels.
In April, Stoke held “FlintConf,” a startup conference for “hipsters, hackers, and
hustlers.” This three-day, virtual conference consisted of sessions focused on lean
methodology, marketing, branding, finance, and wellness.
In September, Stoke organized “Big Ideas,” a mixer for Denton creatives and
entrepreneurs. Community members could share ideas and projects for improving
Denton.
During Global Entrepreneurship Week, Stoke organized speakers to share branding tips,
Denton’s AccelerateHER program highlights, and a State of Entrepreneurship. The week
ended with a virtual Denton startup crawl.
The year ended with a total of 69 events for members and 46 programs taught by mentors
and leaders of the Denton entrepreneurial community.
ATTACHMENT(S):
Exhibit 1 –2020 Stoke Annual Report
STAFF CONTACT:
Jessica Rogers
Director of Economic Development
(940) 349-7531
Jessica.Rogers@cityofdenton.com
REQUESTOR: Staff initiated
PARTICIPTAING DEPARTMENTS: Economic Development
STAFF TIME TO COMPLETE REPORT: 2 hours
89
Sessions
10,078
9.8%
Overview
Compared to Previous Period
Avg. Session Duration
00:01:17
-11.6%
Users
7,737
7.2%
Bounce Rate
69.0%
17.8%
Bounce Rate YTD
Jan ▼
Users YTD
Sessions Trends YTD
Goal Completions
215
-11.9%
Users
Users (previous year)
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0
500
1K
Bounce Rate
Bounce Rate (previous
year)
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0%
50%
100%
Sessions
Avg. Session Duration
Sessions (previous
year)
Avg. Session Duration
(previous year)
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0
500
1K
1.5K
90
TOUR REQUESTS
Website Goal Breakdown YTD
CONTACT FORM
Newsletter Sign-up (Goal 1 Completions)Newsletter Sign-up (Goal 1 Completions) (previous year)
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0
20
40
Tour request Form Submit (Goal 3 Completions)Tour request Form Submit (Goal 3 Completions) (previous year)
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0
10
20
google / organic
google / cpc
(direct) / (none)
m.facebook.com / referral
t.co / referral
twu.edu / referral
33.3%12.5%
16.7%
29.2%
google / organic
(direct) / (none)
twu.edu / referral
google / cpc
dallasinnovates.com /
referral
fb / ads
Stoke Coworking
Newsletter / email
others
22.4%
19.8%
22.4%
6%
9.5%
11.2%
google / organic
google / cpc
Stoke Coworking Newsletter /
email
(direct) / (none)
Form Submission / email
Facebook / post
Instagram / post of photo and
copy
others
28.6%
15.7%
5.7%
8.6%
10%24.3%
NEWSLETTER SIGN UP
Source/Medium
Source/Medium
Source/Medium
Contact (Goal 2 Completions)Contact (Goal 2 Completions) (previous year)
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0
2
4
6
91
Top Channels
Sessions Pageviews
0 1K 2K 3K 4K 5K 6K 7K
Organic Search
Direct
Paid Search
(Other)
Social
Referral
Email
google
(direct)
m.facebook.com
fb
facebook.com
twu.edu
Instagram
Stoke Coworking
Newsletter
Facebook
others
44.2%
13.3%
3.8%
25%
Top Tra c Sources
0
500
1K
1.5K
2K
2.5K
3K
3.5K
Stoke Coworking
Stoke Memberships and Space Rental
Pricing — Stoke Coworking
AccelerateHER — Stoke Coworking
RENT SPACE — Stoke Coworking
Stoke | Coworking, Meeting, and O ce Space
Events — Stoke Coworking
Virtual Member — Stoke Coworking
Coworking — Stoke Coworking
Dedicated Desk — Stoke Coworking
Users
Top Pages
Top Cities by Users
City Users Pageviews
Denton 1,545
Dallas 1,186
(not set)1,011
Fort Worth 242
Lewisville 149
Irvine 132
Little Elm 129
Boardman 116
Frisco 113
Corinth 108
▼
mobile
desktop
tablet
49.6%48.6%
Users Demographics
female male
47.5%52.5%
Top Converters
Organic Search
Direct
Paid Search
Referral
(Other)
Email
Social
28.4%
16.7%
6%
8.4%
8.4%
15.3%
16.7%
Users
0 500 1K
25-34
35-44
45-54
18-24
55-64
65+
92
Facebook Twitter Instagram LinkedIn
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
1K
2K
3K
4K
Facebook Reach Twitter Reach Instagram Reach LinkedIn Reach
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
20K
40K
60K
80K
Social Media Followers Social Media Reach
Blog Posts
Expertise Building Blog (broad/general info relate…Stoke-Focused Blog (coworking info, event previe…
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
1
2
3
m.facebook.com
facebook.com
Instagram
Facebook
l.facebook.com
linkedin.com
LinkedIn
Twitter
lm.facebook.com
others
390
239
150
178
191
Social Media Tra c
Facebook Twitter Instagram LinkedIn
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
500
1K
1.5K
Social Media Engagement
93
General Public Newsletter Open Rate General Public Newsletter CTR
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0%
10%
20%
30%
40%
0%
1%
2%
3%
4%
Member Newsletter Open Rate Member Newsletter CTR
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0%
20%
40%
60%
80%
0%
5%
10%
15%
Event Reminder CTR Event Reminder Open Rate
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0%
0.5%
1%
1.5%
2%
2.5%
0%
10%
20%
30%
40%
50%
Email Newsletter Subscribers
Email Subscribers
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
200
400
600
800
General Newsletter Specialty Emails
Member Emails
94
CLICKS IMPRESSIONSCOST PER CLICK
Impressions Clicks
Jan 1 Jan 25 Feb 18 Mar 13 Apr 6 Apr 30 May 24 Jun 17 Jul 11 Aug 4 Aug 28 Sep 21 Oct 15 Nov 8 Dec 2 Dec 26
0
25
50
75
100
Stoke Keywords via Search Console
Facebook Advertising
2,138
CLICKS
122,212
IMPRESSIONS
$1.09
COST PER CLICK Contact (Goal…Tour request…Newsletter Si…
-1
0
1
Conversions
COST PER CONVERSION
NA
COST PER CONVERSION
$27.04 1
Newsletter S…Contact (Goa…Tour request…
fb
0
1
2 2
0 0
Conversions
32 $3.38 7,874
95
64
Member Companies
Memberships + Venue Rental O ce Memberships
Nights and Weekends
Dedicated Memberships
Virtual Memberships
Coworking Memberships
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
20
40
60
80
100
41
8
Membership Breakdown
Half Day
Full Day
Hourly
Jan 2020
Feb 2020
Mar 2020
Apr 2020
May 2020
Jun 2020
Jul 2020
Aug 2020
Sep 2020
Oct 2020
Nov 2020
Dec 2020
0
1
2
3
4
5
Venue Rental Breakdown
Tours Given
Total Venue Rentals
48%
% of Tech/Tech enabled
96
Events
2
Regional/Startup/Tech
(Sponsored)
13
Educational
(Hosted)
15
Startup/Tech
(Hosted)
46
Mentor Sessions
(Hosted)
69
Member Events
(Hosted)
Number Of Events Event Attendees
Jan 2020 Feb 2020 Mar 2020 Apr 2020 May 2020 Jun 2020 Jul 2020 Aug 2020 Sep 2020 Oct 2020 Nov 2020 Dec 2020
0
50
100
150
0
5
10
15
Event Breakdown
Partnership Updates
TWU - In 2020 - Stoke and TWU Center for Women Entrepreneurs
launched AccelerateHER - a startup incubator for women
entrepreneurs. This program received regional press coverage and
forged new connections in the metroplex.
Chamber of Commerce - Heather co-hosted the Denton Insider
Podcast from August-December. Additionally, Heather served on the
steering committee for Denton Emerging Professionals with is a
forthcoming program of the Chamber.
Denton Business Allies - Heather is serving on the Denton Business
Allies committee coordinated by the Economic Development
Department.
UNT - Stoke sponsored UNT Hackathon and TAMS hack events.
NCTC - Worked to host a small virtual tech career event.
Program Updates
Coffee + Convo - In March we changed our weekly group mentor
session to be held virtually over Zoom.
Lunch + Learns - In March we transitioned our monthly Lunch + Learn
to be held virtually on Zoom. We record the sessions and add them to
our content library on YouTube.
FlintConf - FlintConf - Denton's startup conference for hipsters,
hackers, and hustlers was held virtually at the end of April. Three
afternoons of local speakers.
Big Ideas - At the end of September we held our Big Ideas event where
we heard business and civic ideas from the Denton community.
Global Entrepreneurship Week - The Stoke team planned a series of
virtual events for GEW including a startup crawl, panel discussion with
the member of the AccelerateHER cohort, and a State of
Entrepreneurship talk.97
Hickory & Rail Ventures
PROFIT AND LOSS
January - December 2020
Cash Basis Monday, January 18, 2021 11:41 AM GMT-06:00 1/1
TOTAL
Income
50000 Revenue 195,197.58
Total Income $195,197.58
GROSS PROFIT $195,197.58
Expenses
71000 Facilities 24,429.21
72100 Advertising & Marketing 6,758.51
72200 Bad Debt 600.00
72300 Bank Charges 15.00
72400 Communication 1,204.92
72500 Continuing Education 223.35
72550 Staff Development 1,142.44
72600 Dues & Subscriptions 1,020.36
73000 Insurance 1,702.00
74100 Lessee Expenses 4,107.13
74300 Merchant Fees 910.28
74400 Minor Equipment 1,609.69
74500 Office Supplies 2,056.91
74600 Payroll Processing 709.92
74700 Postage & Shipping 36.30
74800 Software 4,135.43
75000 Legal & Professional Services 1,361.50
76000 Travel 485.77
78000 Payroll Expenses
78100 Salaries 141,975.70
78600 Employee Benefits 10,070.29
78700 Payroll Taxes 10,928.44
78800 Contractors 2,930.50
78900 Reimbursements 121.33
Total 78000 Payroll Expenses 166,026.26
Total Expenses $218,534.98
NET OPERATING INCOME $ -23,337.40
Other Expenses $52.00
NET OTHER INCOME $ -52.00
NET INCOME $ -23,389.40
98
99
Council Requests for InformationCouncil Member Requestor DateSummary of RequestStaff AssignedDepartmentComments1Council Member Armintor01/31/21like to formally request that City Council approve changing all forms of "he or she," "him or her," "hisor hers" in city policy to the grammatically appropriate form of they/them/theirs in any citydocuments, written policies, and laws that can be changed without a Charter change. This changewould not only make our city policies and documents more inclusive and welcoming to current andfuture residents, taxpayers, workers, and business owners who use they/them/theirs pronouns andidentify as non-binary, it would also help to move us forward into the 21st century as a modern,diverse, and inclusive city with more accuracy than "his or hers" constructions, since there are nocity policies that apply only to people who use "his or her" pronouns and exclude people whoidentify as non-binary or use they/them/theirs pronouns.Sarah KuechlerCity Manager's OfficeThis request will be presented during a future Pending CouncilRequest work session2Council Member Armintor02/01/21can someone please find out for me how many individual new homes (i.e. not part of subdivisions)have been built in EJ 1 in the past 5 years, how many subdivisions have been built in ETJ 1, andhow many of those individual new homes not part of subdivisions were under non annexationagreements?Richard CannoneDevelopment ServicesInformation will be provided in the March 5 Friday Report3Council Member Armintor02/04/21I'd like a staff report on what Texas cities can do to put caps on campaign spending and fundraisingfor city election campaigns, including a list of which Texas cities have caps and what their caps are.The dollar amount fundraised and spent in local elections has been increasing exponentially inrecent years, and this has become a matter of public interest and concern. At the very least, Counciland the public should know more about what other Texas cities have done in this area and what ouroptions are so that we can decide whether or not we want to enact campaign financing caps forDenton city elections as well.Sarah KuechlerCity Manager's OfficeInformation will be provided in a future Friday Report4Mayor Pro Tem Davis03/01/21Can I get more information and perhaps some drawings for the Westgate Blvd. reconstructionproject? It has bar ditches and no sidewalk now, and neighbors are curious about possibleimprovements. If the current bond project is only the southern end, when will the northern end bereconstructed?Becky DivineyPublic Works -CIPInformation will be provided in a future Friday Report5Council Member Ryan03/02/21At this point Denton County has seen zero deaths of those under 40. The vaccines have beenprioritized to health care workers, first responders and those with health issues and over 65 ( themost vulnerable). The discussions of “herd” immunity showed we are slightly below 20% when youdon’t count untested positive cases. Do we have data on the percentage of Denton Countyresidents over 65 who would be considered as having “herd immunity “? i.e. if 20% of DC is over 65(roughly 176,000) and 20,000 have recovered, 20,000 never tested but had it (about half theestimate) and 90,000 have received the vaccine we are at 74% herd immunity in the over 65 group.Kenneth HedgesFireInformation will be provided in a future Friday Report6Council Member Meltzer03/02/21This a request for a one minute pitch to revisit the overly narrow way we adjudicate one minutepitches. Our goal should be to efficiently get to the best ideas. We should be able, within our timeconstraints, to articulate modifications around the proposal such that the chair can discern aconsensus, not solely whether the request can proceed exactly as written. If ten degrees off theproposal is a great idea, we should be able to efficiently find that as a group, and not settle for noaction when that would be the worse outcome.Sarah KuechlerCity Manager's OfficeThis request will be presented during a future Pending CouncilRequest work session7Council Member Meltzer03/02/21Can staff follow up on a resident's complaint about loud bass on his street?Frank DixonPoliceInformation will be provided in the March 5 Friday Report8Council Member Meltzer03/04/21Can staff provide information about the City Sponsorship timeline and check the link online?Cassey OgdenFinanceInformation will be provided in the March 5 Friday Report9Council Member Armintor03/03/21Are there any overhead shots of a neighborhood from the 1980's as requested by a resident?Jennifer Bekker, ScottMcDonaldDevelopment Services Library Information will be provided in a future Friday Report100
March 2021 Sun Mon Tue Wed Thu Fri Sat 1 Cancelled - 9:00 am - COE 11:30 am Council Luncheon – Joint DISD 2 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 3 11:30 am - Traffic Safety Commission Cancelled ‐ 2:30 pm Agenda Committee 5:00pm - P&Z 4 8:30 am - DEDC 12:00pm - Public Art Committee 5 6 7 8 9:00 am – PUB 3:00pm Parks, Rec, Beau 9 No Council Meeting 10 Cancelled-11:00 am – EDPB Cancelled ‐ 2:30pm Agenda Committee 11 1:00 pm - AAB 3:30 pm - Library Board 12 12:30 pm - Community Dev Adv Comm 13 14 15 3:00 pm - HLC 16 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 17 9:00 am - Mobility Committee Meeting 12:00 pm - DCRC 5:00pm - P&Z 18 3:00 pm - CoPwD 9:00 am - Community Partnership Committee 19 9:00 am - Community Dev Adv Comm 12:00 pm- Human Svcs Adv Comm pm 3:00 pm - Audit/Finance 20 21 22 9:00 am - PUB 23 10:00 am – CAC 11:30am – PUB/CC joint meeting 2:00 pm - 4th Tuesday Session 24 12:00 pm - TIRZ No.1 Cancelled ‐ 2:30 pm Agenda Committee 25 10:00 am - Board of Ethics 26 27 28 29 3:00 pm - ZBA 30 No Council Meeting 31 Cancelled ‐ 2:30 pm Agenda Committee 101
April 2021 Sun Mon Tue Wed Thu Fri Sat 1 8:30 am - DEDC 2 3 4 5 9:00 am - COE 11:30 am - Council Luncheon 3:00 p.m. - HLC 6 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 10:00 am - Community Engagement 7 8 3:30 pm - Library Board 9 10 11 12 9:00 am - PUB 13 2:00 pm - 2nd Tuesday Session 14 11:00 am - EDPB 12:30 pm - DCRC 5:30 pm - AAB 15 3:00 pm - Persons with Disabilities 16 9:00 am - Community Dev Adv Comm 12:00 pm - Human Svcs Adv Comm 17 18 19 11:30 am - Traffic Safety Commission 20 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 21 9:00 am - Mobility Committee Meeting 12:30 pm - DCRC 5:00 pm - P&Z 22 9: 00 - Community Partnership Committee 3:00 pm - Board of Ethics 23 24 25 26 9:00 am - PUB 3:00 pm - ZBA 27 10:00 am - CAC 2:00 pm - 4th Tuesday Session 28 12:00 pm - DCRC 29 30 102
May 2021 Sun Mon Tue Wed Thu Fri Sat 1 2 3 9:00 am - COE 11:30 am - Council Luncheon 4 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 10:00 am - Community Engagement 5 5:00 pm - P&Z 6 8:30 am - DEDC 12:00 pm - Bond Committee 7 8 9 10 9:00 am - PUB 11 2:00 pm - 2nd Tuesday Session 12 11:00 am - EDPB 5:30 pm - AAB 13 3:30 p.m. - Library Board 14 15 16 17 11:30 am - Traffic Safety Commission 18 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 19 9:00 am - Mobility Committee Meeting 20 3:00 pm - CoPwD 21 9:00 am - Community Dev Adv Comm 12:00 pm - Human Svcs Adv Comm 22 23 24 9:00 am - PUB 25 10:00 am - CAC 2:00 pm - 4th Tuesday Session 26 12:00 pm - TIRZ No.1 27 3:00 pm - Board of Ethics 28 29 30 31 Memorial Day Holiday 103
City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Council Work Session Room3:00 PMTuesday, March 16, 2021
WORK SESSION BEGINS AT 3:00 P.M. IN THE COUNCIL WORK SESSION ROOM
REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL WORK SESSION ROOM
Note: Mayor Gerard Hudspeth, Mayor Pro Tem Jesse Davis and Council Members Birdia Johnson, Connie
Baker, John Ryan, Deb Armintor and Paul Meltzer will be participating in the work session, closed meeting
and meeting via video/teleconference.
REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL
Due to COVID-19 precautions, members of the public will not be able to attend the March 16, 2021, City
Council meeting in-person. To accommodate and receive input on agenda items, citizens will be able to
participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to
comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item.
Public comments are not held for work session reports.):
• Virtual White Card – On March 12, the agenda was posted online at
www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an
online form, will be made available under the main heading on the webpage. Within this form, citizens may
indicate support or opposition and submit a brief comment about a specific agenda item. Comments may
be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed.
Similar to when a citizen submits a white card to indicate their position on the item, these comment forms
will be sent directly to City Council members and recorded by the City Secretary.
City Council Members review comments received in advance of the meeting and take that public input into
consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards
submitted in support or opposition to an item during the public comment period. Comments will not be
read during the meeting. The City Secretary will reflect the number of comments submitted in
favor/opposition to an item, the registrant’s name, address, and (summary of) comments within the Minutes
of the Meeting, as applicable.
OR
• By phone – Citizens wishing to speak over the phone during this Council meeting, may call (940)
349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until
the item is opened for discussion by the Council. When the call is initially received, a staff member will
receive the caller’s information and either: 1) offer to call the citizen back when it is time for them to speak,
or 2) record the caller’s information, support or opposition, and comment. If the caller chooses to record
their support or opposition, rather than speaking during the meeting, the Mayor will announce the number
of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the
voice of each caller will be broadcast into the meeting during the public commenting time of their desired
agenda item. Individuals will be able to comment once per agenda item, no matter the method.
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104
March 16, 2021City Council Meeting Agenda
• At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone).
Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a
public report, see the information below.
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a
Work Session on Tuesday, March 16, 2021, at 3:00 p.m. in the Council Work Session Room at City Hall,
215 E. McKinney Street, Denton, Texas at which the following items will be considered:
WORK SESSION
1. Citizen Comments on Consent Agenda Items
This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its
consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person
who wishes to address the City Council regarding these items may do so by utilizing the "By Phone"
registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE
CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City
Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the
Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call.
2. Requests for clarification of agenda items listed on this agenda.
3. Work Session Reports
Receive a report, hold a discussion, and give staff direction regarding an audit follow-up
of accounts payable.
ID 21-228A.
Receive a report, hold a discussion, and give staff direction regarding processes, impacts,
and results of service delivery during the February 2021 inclement weather event by the
following departments:
1. Facilities
2. Police /Fire/Emergency Management
3. Public Works: Streets, Drainage, Traffic
4. Public Works: Fleet
5. Human Resources/Risk Management
ID 21-339B.
Receive a report, hold a discussion, and give staff direction regarding the Development
Code Review Committee’s role and responsibilities.
ID 21-136C.
Receive a report, hold a discussion, and give staff direction on pending City Council
requests for information for:
ID 20-2387D.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider
specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City
Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent
with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law.
1. Closed Meeting:
-- PLACEHOLDER IN THE EVENT A CLOSED MEETING IS NEEDED; OTHERWISE, WILL BE
DELETED. --
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105
March 16, 2021City Council Meeting Agenda
Any final action, decision, or vote on a matter deliberated in a Closed Meeting will only be taken in an Open
Meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent such final
decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 551.086 of the
Texas Government Code (the ‘Public Power Exception’). The City Council reserves the right to adjourn into a
Closed Meeting or Executive Session as authorized by Texas Government Code, Section 551.001, et seq.
(The Texas Open Meetings Act) on any item on its open meeting agenda or to reconvene in a continuation of
the Closed Meeting on the Closed Meeting items noted above, in accordance with the Texas Open Meetings
Act, including, without limitation Sections 551.071-551.086 of the Texas Open Meetings Act.
NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may
be subject to a request for a motion for reconsideration at any time during the meeting, at the
Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings
Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting
will be placed on the agenda and considered at the next official meeting of the City Council.
_________________________________________________________________________________
REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE
COUNCIL WORK SESSION ROOM AT CITY HALL, 215 E. MCKINNEY STREET, DENTON,
TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
“Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
2. PRESENTATION FROM MEMBERS OF THE PUBLIC
A. Reports from members of the public shall be received through the following two (2) methods. A total
of up to seven (7) speakers are permitted to provide public comment and may include any combination of
prior registration and open microphone speakers.
1) Pre-registration. This section of the agenda permits any person who has registered in advance to
make a citizen report regarding a public business item he or she wishes to be considered by the City
Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion
of each report, the City Council may pose questions to the speaker or may engage in discussion. If the
City Council believes that a speaker's report requires a more detailed review, the City Council will give the
City Manager or City Staff direction to place the item on a future work session or regular meeting agenda
and advise staff as to the background materials to be desired at such meeting.
2) Open Microphone. This section of the agenda permits any person who has not registered in
advance for a citizen report to make comments about public business items not listed on the agenda. Such
person(s) shall have registered using the “Virtual White Card” or “By Phone” process outlined by the City
on its website or meeting notice.
During open microphone reports under this section of the agenda, the Council may listen to citizens speak.
However, because notice of the subject of the open microphone report has not been provided to the public
in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal
to place the item on a future agenda; a statement of factual information; or a recitation of existing policy.
Council Members may not ask the open microphone speakers questions or discuss the items presented
during open microphone reports.
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106
March 16, 2021City Council Meeting Agenda
NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City
Secretary 24 hours prior to the meeting.
3. CONSENT AGENDA
Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to
implement each item in accordance with the Staff recommendations. The City Council has received
background information and has had an opportunity to raise questions regarding these items prior to
consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent
Agenda (Agenda Items A – U). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent
Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be
considered as the first items following approval of the Consent Agenda.
Consider approval of the minutes of February 23, March 1, and March 2, 2021.ID 21-336A.
Consider adoption of an ordinance approving a Preliminary Engineering Services
Agreement by and between the City of Denton and the Kansas City Southern Railroad
Company (“KCSRR”) relating to the widening of South Bonnie Brae Street within the
railroad right-of-way located at KCSRR Mile Post 103.24, within the County and City of
Denton, Texas; providing for the expenditure of funds (the estimate is $10,000.00 for
Preliminary Engineering; the City will receive a final invoice upon completion of the work);
and providing an effective date.
ID 21-338B.
Consider adoption of an ordinance of the City of Denton authorizing a service agreement
between the City of Denton and Denton County Friends of the Family, Inc.; authorizing
the City Manager, or his designee, to execute said agreement; providing for the
expenditure of council contingency funds in an amount not to exceed twelve hundred and
fifty dollars ($1,250.00); and providing for an effective date.
ID 21-368C.
Consider adoption of an ordinance of the City of Denton authorizing a service agreement
between the City of Denton and Denton Music and Arts Collaborative.; authorizing the
City Manager, or his designee, to execute said agreement; providing for the expenditure
of council contingency funds in an amount not to exceed four hundred dollars ($400.00);
and providing an effective date.
ID 21-369D.
Consider adoption of an ordinance of the City of Denton authorizing a service agreement
between the City of Denton and Giving Hope, Inc.; authorizing the City Manager, or his
designee, to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed four hundred dollars ($400.00); and providing an
effective date.
ID 21-370E.
Consider adoption of an ordinance of the City of Denton authorizing a service agreement
between the City of Denton and Grace Like Rain; authorizing the City Manager, or his
designee, to execute said agreement; providing for the expenditure of council contingency
funds in an amount not to exceed four hundred dollars ($400.00); and providing for an
ID 21-371F.
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March 16, 2021City Council Meeting Agenda
effective date.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or her designee, to execute a contract with
Bibliotheca, LLC, for the purchase of Radio Frequency Identification Hardware and
Software including self-check kiosks with unlockers, automated return systems, staff
equipment, and security gates at all Denton Public Library facilities; providing for the
expenditure of funds therefor; and providing an effective date (RFP 7450 - awarded to
Bibliotheca, LLC, for five (5) years, with the option for two (2) additional one (1) year
extensions, in the total seven (7) year not-to-exceed amount of $554,600.00).
ID 21-329G.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or her designee, to execute a Professional
Services Agreement with Schrickel, Rollins and Associates, Inc., for a design engineering
report, final design, bid phase services, and construction administration services for the
replacement of Lakeview Ranch Wastewater Interceptor, as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ
6590-098 - Professional Services Agreement for design services awarded to Schrickel,
Rollins and Associates, Inc., in the not-to-exceed amount of $241,800.00).
ID 21-410H.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or her designee, to execute a Professional
Services Agreement with Schrickel, Rollins and Associates, Inc., for a design engineering
report, final design, bid phase services, and construction administration services for the
Robson Ranch Wastewater Treatment Plant Lift Station Conversion, as set forth in the
contract; providing for the expenditure of funds therefor; and providing an effective date
(RFQ 6590-099 - Professional Services Agreement for engineering services awarded to
Schrickel, Rollins and Associates, Inc., in the not-to-exceed amount of $240,500.00).
ID 21-411I.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a contract with
Brandon & Clark, Inc., for the rebuild and repair of electric motors at the Water
Production and Water Reclamation facilities; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7482 - awarded to Brandon & Clark, Inc.,
for three (3) years, with the option for two (2) additional one (1) year extensions, in the
total five (5) year not-to-exceed amount of $300,000.00).
ID 21-412J.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a contract with
Global Pump Solutions, LLC, for the repair and rebuild of pumps at the Water
Production and Water Reclamation facilities; providing for the expenditure of funds
therefor; and providing an effective date (RFP 7482 - awarded to Global Pump
Solutions, LLC, for three (3) years, with the option for two (2) additional one (1) year
extensions, in the total five (5) year not-to-exceed amount of $1,000,000.00).
ID 21-413K.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or her designee, to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering
ID 21-416L.
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March 16, 2021City Council Meeting Agenda
services in support of the Denton Square Pedestrian All-Way Crosswalk Improvements
Design, as set forth in the contract; providing for the expenditure of funds therefor; and
providing an effective date (RFQ 6590-101 - Professional Services Agreement for
engineering services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed
amount of $95,000.00).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering
services in support of the State reimbursable Safe Routes to Schools (SRTS) projects;
Ginnings and Alexander Elementary Schools Sidewalk Improvements projects, as set
forth in the contract; providing for the expenditure of funds therefor; and providing an
effective date (RFQ 6590-102 - Professional Services Agreement for engineering
services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of
$215,000.00).
ID 21-417M.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc. for professional engineering
services in support of the State Reimbursable Advanced Funding Agreement; North
Texas Boulevard Improvements Project, as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-103 -
Professional Services Agreement for engineering services awarded to Kimley-Horn and
Associates, Inc. in the not-to-exceed amount of $338,900.00).
ID 21-418N.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc., for professional engineering
services in support of the State reimbursable Transportation Alternatives Set-Aside
(TASA) Program project; Sycamore - Welch Active Transportation Connection Bike
Lanes and Shared - Use Path Facilities project, as set forth in the contract; providing for
the expenditure of funds therefor; and providing an effective date (RFQ 6590-104 -
Professional Services Agreement for engineering services awarded to Kimley-Horn and
Associates, Inc., in the not-to-exceed amount of $250,000.00).
ID 21-419O.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc. for professional engineering
services in support of the State reimbursable Congestion Mitigation and Air Quality
(CMAQ) Improvement Program projects; Wilson and Pecan Creek Elementary Schools
Sidewalk Improvements projects, as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-105 -
Professional Services Agreement for engineering services awarded to Kimley-Horn and
Associates, Inc., in the not-to-exceed amount of $150,000.00).
ID 21-420P.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a contract with
ID 21-422Q.
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Texas Fire & Sound, Inc., through the Buy Board Cooperative Purchasing Network
Contract # 574-18, for the repair, installation, inspection, and maintenance of fire
suppression systems, fire extinguishers, fire, and security alarm monitoring throughout City
Buildings; providing for the expenditure of funds therefor; and providing an effective date
(File 7598 - awarded to Texas Fire & Sound, Inc., for one (1) year, with the option for
four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount
of $850,000.00).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or her designee, to execute a contract with
Baker and Taylor, LLC, as agent for Bridgeall Libraries Limited, for library collection
analysis software package, CollectionHQ and ESP, which is the sole provider of this
software, in accordance with Texas Local Government Code 252.022, which provides
that procurement of commodities and services that are available from one source are
exempt from competitive bidding, and if over $50,000 shall be awarded by the governing
body; and providing an effective date (File 7478 - awarded to Baker and Taylor, LLC,
as agent for Bridgeall Libraries Limited, in the five (5) year not-to-exceed amount of
$92,000.00).
ID 21-423R.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of a first amendment to a contract between the City
of Denton and Texas Series of Lockton Companies, LLC, amending the contract
approved by City Council on August 4, 2020, in the not-to-exceed amount of
$480,000.00; said first amendment for the cost of additional broker services; providing
for the expenditure of funds therefor; and providing an effective date (File 7365 -
providing for an additional first amendment expenditure amount not-to-exceed
$75,000.00, with the total contract amount no-to-exceed $555,000.00).
ID 21-426S.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, for approval of a pre-qualified real estate list of firms who have quantified
their knowledge, experience, and credentials in acquiring property interests and relocation
services for a public agency following Federal and State guidelines, who will be utilized for
acquiring real property interests relating to capital projects and on city-wide department
driven incentives within the City of Denton; and providing an effective date (RFQ 7480 -
for a three (3) year term).
ID 21-427T.
Consider adoption of an ordinance of the City of Denton authorizing the Interim City
Manager to execute a Wastewater Main Cost Participation Agreement with Sagebrook
Denton LP, (“Sagebrook”) for the City’s participation in the oversizing of wastewater
mains in accordance with the terms and conditions of this ordinance; authorizing the
expenditure of funds therefore; and providing an effective date. (In the not-to-exceed
amount of $216,000.00).
ID 21-202U.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, extending the effective period of the declared state of local disaster;
ID 21-432A.
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March 16, 2021City Council Meeting Agenda
superseding and replacing the Eleventh Order of Council of the City of Denton issued
December 17, 2020 approved by Ordinance No. 20-2467, to provide additional
requirements and guidance; confirming the expenditure of funds and authorizing the
expenditure of additional funds; providing a repealer clause; and providing an effective
date.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, amending the FY 2020-21 Annual Audit Plan; and providing an effective
date.
ID 21-274B.
Consider adoption of an ordinance of the City of Denton authorizing the city manager to
execute a ground lease termination and sales proceeds division agreement with the Denton
Chamber of Commerce; authorizing the city manager to execute a sales contract; and
providing an effective date.
ID 21-310C.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the City Manager, or their designee, to execute a Professional
Services Agreement with Freese and Nichols, Inc., for engineering-related on-call
professional services, as set forth in the contract; providing for the expenditure of funds
therefor; and providing an effective date (RFQ 6590-100 - Professional Services
Agreement for engineering on-call services awarded to Freese and Nichols, Inc., in the
three (3) year not-to-exceed amount of $3,031,783.00).
ID 21-415D.
Consider approval of a resolution of the City Council of the City of Denton approving
Civil Service Commissioner Lilyan Prado Carrillo’s request for a leave of absence; and
providing an effective date.
ID 21-424E.
Consider approval of a resolution of the City Council of the City of Denton confirming the
Interim City Manager’s appointment of Jaime Blanton to the Civil Service Commission to
serve for the remainder of Civil Service Commissioner Lilyan Prado Carrillo’s term, which
expires on August 31, 2021; and providing an effective date.
ID 21-425F.
Consider adoption of an ordinance of the City of Denton, Texas approving a Joint
Election Agreement and Contract with Denton County for joint election services for the
Denton regular municipal election being held for the purpose of electing Council Members
to Districts 1, 2, 3, and 4 to be held on May 1, 2021, and a Runoff Election on June 5,
2021, if necessary, within said City at a total estimated cost of $__________; and
providing an effective date.
ID 21-229G.
Consider nominations/appointments to the City’s Boards, Commissions, and Committees:
Airport Advisory Board, Animal Shelter Advisory Committee, Board of Ethics,
Committee on Persons with Disabilities, Community Development Advisory Committee,
Health & Building Standards Commission, Historic Landmark Commission, Human
Services Advisory Committee, Library Board, Parks, Recreation & Beautification Board,
Planning & Zoning Commission, Public Art Committee, Public Utilities Board, Traffic
Safety Commission, and Zoning Board of Adjustment.
ID 21-428H.
5. PUBLIC HEARINGS
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March 16, 2021City Council Meeting Agenda
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, regarding a change in the zoning district and use classification from General Office
(GO) and Mixed-Use Regional (MR) Districts to Highway Corridor (HC) District on
approximately 18.55 acres of land generally located on the southwest corner of the
intersection of the I-35 Southbound Service Road and Barthold Road, in the City of
Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing a severability clause and an effective date. The Planning and Zoning
Commission voted [5-1] to approve the request. (Z20-0013a, Loves Travel Stop, Julie
Wyatt)
Z20-0013bA.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, approving a Specific Use Permit to allow for a Bar, Tavern, or Lounge use on an
approximately 0.451 acres of land, generally located on the southwest corner of Stroud
Street and South Elm Street in the City of Denton, Denton County, Texas; providing for a
penalty in the maximum amount of $2,000.00 for violations thereof; providing for
severability; and establishing an effective date. The Planning and Zoning Commission vote
[6-0] to approve the request. (S20-0010c, 400 S Elm Bar Use, Sean Jacobson).
S20-0010cB.
Hold a public hearing and consider adoption of an ordinance of the City of Denton,
Texas, regarding a zoning change from General Office (GO) and Rural Residential (RR)
Districts to a Planned Development (PD) District on approximately 90 acres. The site is
generally located on the north side of Loop 288, between North Elm Street and Bonnie
Brae Street, in the City of Denton, Denton County, Texas.; adopting an amendment to the
City’s official zoning map; providing for a penalty in the maximum amount of $2,000.00
for violations thereof; providing a severability clause and an effective date. (PD20-0002d,
Hirschbach, Julie Wyatt)
PD20-0002dC.
Hold a public hearing and consider adoption of an ordinance regarding an amendment to
the Rayzor Ranch Overlay District to amend the concept and zoning map exhibits and
amend development standards and design criteria for development within the eastern
portion of the Rayzor Ranch South Campus - South Mixed Use District, being
approximately 90.54 acres generally located on the south side of West University
Drive/US 380, east of Heritage Trail, and west of Bonnie Brae Street in the City of
Denton, Denton County, Texas; adopting an amendment to the City’s official zoning map;
providing for a penalty in the maximum amount of $2,000.00 for violations thereof;
providing for severability and establishing an effective date. The Planning and Zoning
Commission voted [7-0] to approve the request. (Z20-0012, Rayzor Ranch East Overlay
Amendments, Hayley Zagurski).
Z20-0012bD.
6. CONCLUDING ITEMS
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March 16, 2021City Council Meeting Agenda
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council
or the public with specific factual information or recitation of policy, or accept a proposal to place the
matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open
Meetings Act, provide reports about items of community interest regarding which no action will be taken,
to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about
an upcoming event organized or sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other than the governing body that
was attended or is scheduled to be attended by a member of the governing body or an official or employee
of the municipality; or an announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting topics, above posted.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the 12th day of March, 2021 at ___________________
__________________________________________
CITY SECRETARY
NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE ACCOMMODATION, SUCH AS SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED, IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 940-349-8309 OR
USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX
SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED.
Page 10 Printed on 3/5/2021
113
Meeting Date24-Nov 4 - Jan 2021 City Council 2020 Committees 12 - Jan 2021 Internal Audit - Utility Meter Reading Council Requests 26 - Jan 2021 ETJ Update 2021 May General & June Runoff Council Retreat2 - March 2021 COVID-19 Update Inclement Weather Update:CIP Update Council Requests
9 - March 2021 No Meeting (Spring Break)
16 - March 2021
[Regular]
Internal Audit Follow-Up - Accounts
Payable
21-228
Inclement Weather Update: Facilities,
Police /Fire/Emergency Management,
Public Works: Streets, Drainage,
Traffic Public Works: Fleet, Human
Resources/Risk Management
21-339
DCRC Discussion
21-136
Council Requests
20-2387
23 - March 2021
[Joint meeting w/ PUB
11:30 a.m. to 1:00
p.m.]
Inclement Weather Update:
DME, Water/Waste Water
21-341
23 - March 2021
[Special AT 3:00 P.M.]
Inclement Weather Update:
Parks and Recreation, Community
Services,
Finance/Purchasing/Warehouse/Com
pliance, Public Affairs/DTV
21-342
Legislative Update
21-080
Council Requests
20-2388
30 - March 2021 No Meeting (5th Tuesday)
5 - April 2021
[Luncheon]
Follow-Up - Loop 288 Building
Agreement / MOU
21-431
Council Requests
21-188
6 - April 2021
[Regular]
Certified Agenda Process for Closed
Meetings
21-207
B&C Handbook (Including Attendance
Policy)
21-271
Policy for Naming of Parks
20-2320
Internal Audit - Utility Payment
Assistance Program
20-2554
Municipal Court Payments Audit
20-2553 Council Requests
21-189
13 - April 2021
[Special]
Update on ETJ Items
TBD
Hartlee Field Development
21-383
Parkland Dedication & Development
Ordinance
21-109
Mid-Year DEDP Update
21-384
Council Requests
21-190
20 - April 2021
[Regular]
Mosquito Abatement
TBD
Qualifying Expenses for Tax
Exemption of Historic Sites
21-442
Council Requests
21-191
27 - April 2021
[Special]
Council Requests
21-192
3 - May 2021
[Luncheon]
Council Request
21-433
4 - May 2021
[Regular]
Runoff Elelction Locations
21-280
Council Request
21-434
11 - May 2021
[Special]
Canvass General Election & Reception
TBD
Council Request
21-435
18 - May 2021
[Regular]
Council Request
21-436
25 - May 2021
[Special]
Council Request
21-437
Construction Code Review (TBD)DME Solar Programs
Delegated Authority
TBD
20-21 Utilities Budget and Rates
20-2261
Economic Development Incentive
20-2529 July 27 LED Lighting and Birds session
Redistricting Update
June/July 2021
Stormwater Master
20-1661
Joint Meeting with City/DHA
JUNE 7 LUNCHEON
Fund Balance Policy (General Fund,
Internal Service Fund, Utilities)
20-2394
FUTURE WORK SESSION ITEMS MATRIX
As of March 5, 2021
Currently Slated Work Session Items
Work Sessions Planned - Date TBD114
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Bell Ave at Mckinney St 07/08/21 09/04/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Bell Ave at Mingo Rd 06/22/21 07/07/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Bell Ave Withers St Mingo Rd 05/10/21 06/21/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Bell Ave Texas St Withers St 04/15/21 05/07/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Bell Ave Administratio
n Dr Texas St 03/18/21 04/14/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Scripture Bonnie Brae 1, 300 ft. to
the West 03/22/21 06/25/21
Reconstruct; Scripture from
Bonnie Brae to approximately
1,300 ft. to the west . This
includes removal and
replacement of failed sections
of curb and gutter. Milling of the
old asphalt pavement and the
stabilization of subgrade and
the installation of new asphalt
pavement.
Phase I East Bound Outside
Lane
Phase II West Bound Outside
Lane
Phase III Middle Lane
Streets Direct business contact (940) 349-7146
Total 6
Street Closure Report
Upcoming Closures
Week of March 8, 2021 - March 14, 2021
Upcoming Closures
115
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Bell Ave Chapel Dr Administratio
n Dr 02/22/21 03/18/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Bell Ave McKinney
Street
Hickory
Street 02/01/21 04/30/21
Various traffic shifts will be
required at the intersection of
Bell and Oak (between
McKinney and Hickory) in order
to cross Bell with a new
drainage line on Oak Street.
Engineering,
Drainage, Public
Works
Inspections
NextDoor, Email
Notification, Direct
business contact
(940) 349-8425
Bonnie Brae IH 35E Scripture 06/15/20 07/30/21 North South Water Main Phase
3
Engineering,
Water
Temporary Flagging in
all lanes for pipe
delivery.
Direct business contact (940) 349-8938
Carmel St Hobson El Paseo 03/08/21 05/07/21
Curb and Gutter Repair. The
process starts with Barricading
the failed sections of, Curb and
Gutter remove and install curb
and gutter. Weather delays.
Streets N/A (940) 349-7146
Colorado Blvd Valley Creek
Rd
San Jacinto
Blvd 02/22/21 03/08/21
UPDATE: Due to inclement
weather, work has been delayed
till the 22nd of February.
Contractor for Vista Verde
(Private Development) will be
performing a bore and installing
a water tap.
This will be a lane closure not a
full closure.
See attached plan sheets for
TTC.
The TTC contains 2 phases.
Phase one (Outside lanes, East
and West) is set to last 3 days.
Phase two (inside lanes, East
and West) is set to last 4 days.
Public Works
Inspections,
Private
Development
NextDoor, Other (940) 231-9036
Street Closure Report
Week of March 8, 2021 - March 14, 2021
Current Closures
Current Closures
116
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Cordell Hillcrest at
Intersection 03/01/21 03/19/21
Installing Valley Gutter across
Cordell at the intersection
of Hillcrest. The process starts
with barricading then remove
pavement and subgrade and
install new concrete Valley
Gutter.
Streets N/A (940) 349-7146
Creekdale Dr Raintree
Way
Riverchase
Trl 12/09/20 03/27/21
Wastewater Collections will be
installing a new wastewater
main and services.
Waste Water N/A (940) 349-8909
Crescent Fulton Coit 03/01/21 04/03/21
Water Distribution will be
installing a new water main line
and services.
Water NextDoor, N/A, Other (940) 349-7278
Drexel Purdue Hofstra 03/01/21 04/09/21
Concrete Street Panel and
Sidewalk Repair. The process
starts with Barricading the failed
sections of concrete pavement,
remove the pavement, and
install new concrete.
Streets N/A (940) 349-7146
Elm Hickory Prairie 05/11/20 04/30/21 PEC 4 Utility Project Engineering Direct business contact (940) 349-8938
Friesian Morgan Cul v Sac 03/01/21 04/09/21
Concrete Street Panel and
Sidewalk Repair. The process
starts with Barricading the failed
sections of concrete pavement,
remove the pavement, and
install new concrete.
Streets N/A (940) 349-7146
Ft. Worth Dr. (US 377)IH 35E FM1830 10/17/19 03/12/21
Infrastructure Safety Upgrades
& New Sewer Main Install
(temporary closures)
TxDOT (940) 349-8938
Highland Park Bonnie Brae Jasmine 01/25/21 03/10/21
Laying new waterline to the
along Highland Park towards
Bonnie Brae.
Engineering
weather is delaying
testing of the new line in
Highland Park.
NextDoor (940) 268-8946
Current Closures
117
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Mayhill Morse MKinney St 02/05/21 03/12/21
Phase one should last two
weeks. 02-05-2021 thru 02-19-
2021
Contractor will be constructing
the drive way approaches and
will be moving traffic to the
West side of Mayhill per
attached plan.
Phase 2 should last one week
02-19-2021 thru 02-26-2021
Contractor will be constructing
the drive way approaches and
will be moving traffic to the
North Side of McKinney St per
attached plan.
Public Works
Inspections,
Private
Development
NextDoor, Email
Notification, Social
media
940-205-8278
Mckinney duchess Glengarry 02/01/21 07/30/21
McKinney - Mayhill Intersection
This project is widening the
intersection and 600' each way
to match existing conditions
along McKinney. Also includes
water, wastewater, and drainage
improvements.
Engineering NextDoor (940) 349-7526
McKinney Railroad Ave Bell Ave 02/01/21 04/02/21
The Downtown Storm Sewer
Project will upgrade the storm
drainage in the downtown
corridor along the West side of
the UPRR tracks between
McKinney and Hickory. The
contractor will trench across
Hickory in 3 phases to place
storm sewer.
Engineering,
Drainage, Traffic,
Public Works
Inspections
NextDoor, Email
Notification, Direct
business contact
(940) 349-8425
Mistywood Lane Woodhaven Jamestown 10/01/20 03/19/21
Street Reconstruction
Remove and replace curb and
gutter as needed.
Remove old asphalt and
stabilize subgrade.
Install asphalt pavement.
Weather delays.
Streets N/A (940) 349-7146
Current Closures
118
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Oak Street Bell Street UPRR
Railroad 02/01/21 04/30/21
Adding drainage line to Oak
Street as part of the Downtown
Storm Sewer Project.
Engineering,
Drainage, Public
Works
Inspections
NextDoor, Email
Notification, Direct
business contact
(940) 349-8425
Old Bonnie Brae Roselawn Vintage 02/08/21 03/26/21 Bonnie Brae Phase 2 will be
repaving Old Bonnie Brae Engineering NextDoor, Direct
business contact (940) 349-8938
Prairie Elm Pierce 06/01/20 03/26/21 PEC 4 Utilities Engineering NextDoor, Direct
business contact (940) 349-8938
Prairie St.Locust St.Elm St.03/23/20 03/26/21
Storm drain improvements, as
part of Pec-4 Ph 1&2
Project. Street closed to thru
traffic.
Engineering Direct business contact (940) 349-8938
Riverchase Trl Stoneway Dr Waterside Pl 12/09/20 03/27/21
Wastewater Collections will be
installing a new wastewater
main and services.
Waste Water N/A (940) 349-8909
Ryan Rd Roxbury St FM 2181 01/04/21 03/12/21
Update: Due to multiple rain
events and below freezing
temps, all concrete placement
has been delayed. Therefore
delaying the contractors
drainage improvements and
road reconstruction. They plan
to be complete by 03-12-2021.
Contractor will be demoing the
existing drainage and roadway
and then installing drainage
improvements across Ryan RD
at the Hunter's Creek area.
Public Works
Inspections,
Private
Development
NextDoor, Email
Notification (940) 268-9842
Uland Railroad Rose 02/11/21 04/16/21
Wastewater collections will be
installing a new wastewater
main line and services.
Waste Water NextDoor, N/A, Other (940) 349-8909
West Hickory Street Welch Carroll 08/31/20 05/29/21
Construction is set to begin on
West Hickory Street between N.
Welch Street and Carroll Blvd in
September of 2020 and
continue through May of 2021.
Detailed lane closure
information is forthcoming
pending approval of the
contractor's phasing and traffic
control plans.
Atmos, Streets,
Drainage, Water,
Waste Water
8-20-20: Atmos Energy
is currently relocating
gas line on the South
side of W. Hickory
between Welch and
Bernard. Once Atmos
finishes, the contractor
will mobilize into that
same area to begin
construction.
Email Notification, Direct
business contact (940) 349-8425
Current Closures
119
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Western Blvd Airport Rd Jim Chrystal 12/21/20 03/31/21 Westpark Warehouse Phase 2
Public Works
Inspections,
Private
Development
Direct business contact (940) 205-9230
Windsor Hanover Branch
Crossing 08/24/20 08/16/21 Install utilities and road
reconstruction Engineering NextDoor, Email
Notification (940) 349-7426
Total 27
Current Closures
120
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Bell St University Dr Chapel Dr 12/14/20 02/12/21
Water Distribution will be
installing a new water main line
and services.
Water Email Notification, Direct
business contact, N/A (940) 349-7278
Colorado Blvd Valley Creek
Rd
Greenspoint
Circle 03/01/21 03/06/21
Contractor for Vista Verde will
be installing water
improvements along the back of
curb on the South side of
Colorado Blvd.
This is not a full road closure
This is a single lane closure.
See attached approved TCP.
This be a minimal closure and
should take one week max
according to the contractor.
Public Works
Inspections,
Private
Development
NextDoor, Email
Notification (940) 268-9842
Cresent Coit Caroll 03/01/21 03/05/21 Repair spalling on bridge deck.Streets N/A (940) 349-7146
Fannin St Welch St Bernard St 12/21/20 02/26/21
Water Distribution will be
installing a new water main line
and services.
Water N/A (940) 349-7278
Hickory CreeK Road Teasely FM 2499 10/06/20 02/16/21
Widening of Hickory Creek road
from Teasley to FM 2499 with
an acceleration lane being
constructed on FM 2499.
Project also included drainage
upgrades.
Engineering NextDoor, Email
Notification (940) 349-7426
March Rail Cat Tail Heron Pond 01/11/21 03/05/21
Concrete Street Panel and
Sidewalk Repair. The process
starts with Barricading the failed
sections of concrete pavement,
remove the pavement, and
install new concrete.
Streets N/A (940) 349-7146
Precision Dr Airport Rd 1500' north 01/20/21 02/10/21
Wastewater Collections will be
installing a new wastewater
main and services.
Wastewater
Street Closure Report
Week of March 8, 2021 - March 14, 2021
Completed Closures
Completed Closures121
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
Purdue Drexel Syracuse 01/11/21 02/26/21
Concrete Street Panel and
Sidewalk Repair. The process
starts with Barricading the failed
sections of concrete pavement,
remove the pavement, and
install new concrete.
Streets N/A (940) 349-7146
Spencer Road Bridges St.Mayhill Road 12/07/20 02/19/21
Greystar will be placing their
sanitary line along Spencer Rd
for the Elan Denton project.
Waste Water,
Public Works
Inspections,
Private
Development
Pushed back a final two
weeks for patching of
Spencer Road. Should
be finished before the
19th
Email Notification (940) 391-6299
Total 8
Completed Closures122