HomeMy WebLinkAbout031221 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 12, 2021
TO: The Honorable Mayor Hudspeth and Council Members
FROM: Sara Hensley, Interim City Manager
SUBJECT: Staff Report
I. Council Schedule
A. Meetings
1. Historic Landmark Commission on Monday, March 15, 2021 at 3:00 p.m.
via video/teleconference – City Council Work Session Room.
2. Work Session of the City Council on Tuesday, March 16, 2021 at 2:00 p.m.
followed by a Regular Meeting at 6:30 p.m. via video/teleconference – City
Council Work Session Room.
3. Mobility Committee Meeting on Wednesday, March 17, 2021 at 9:00 a.m.
via video/teleconference – City Council Work Session Room.
4. Cancelled - Development Code Review Committee on Wednesday,
March 17, 2021 at 12:30 p.m. via video/teleconference – City Council Work
Session Room.
5. Work Session of the Planning and Zoning Commission on Wednesday,
March 17, 2021 at 5:00 p.m. followed by a Regular Meeting at 6:30 p.m. via
video/teleconference – City Council Work Session Room.
6. Community Partnership Committee on Thursday, March 18, 2021 at
9:00 a.m. via video/teleconference – City Council Work Session Room.
7. Committee on Persons with Disabilities on Thursday, March 18, 2021 at
3:00 p.m. via video/teleconference – City Council Work Session Room.
8. Community Development Advisory Committee Meeting on Friday,
March 19, 2021 at 9:00 a.m. via video/teleconference – City Council Work
Session Room.
9. Human Services Advisory Committee on Friday, March 19, 2021 at
12:00 p.m. via video/teleconference – City Council Work Session Room.
10. Audit/Finance Committee on Friday, March 19, 2021 at 3:00 p.m. via
video/teleconference – City Council Work Session Room.
II. General Information & Status Update
A. Pending Council Requests Work Session Topics – Pursuant to Ordinance No. 19-
2026, the following items will be discussed during the March 2 City Council work
session. Each week, the topics that will be presented during the next week ’s agenda
will be included in the Friday Report the prior week. Staff contact: Rachel Balthrop
Mendoza, City Manager’s Office
1. Changing all forms of “he or she,” “him or her,” “his or hers” in city policy to
the grammatically appropriate form of they/them/theirs in any city documents,
written policies, and laws that can be changed without a Charter change.
a. Requestor: Council Member Armintor
b. Council Member Request: I’d like to formally request that City Council
approve changing all forms of “he or she,” “him or her,” “his or hers” in city
policy to the grammatically appropriate form of the they/them/theirs in any
city documents, written policies, and laws that can be changed without a
Charter change. This change would not only make our city policies and
documents more inclusive and welcoming to current and future residents,
taxpayers, workers, and business owners of all gender identities, it would also
move us forward into the 21st century as a modern, diverse, and inclusive
city, and with more accuracy than “his or hers” constructions, which are not
comprehensive. They/them/theirs, by contrast, is an inclusive, modern term
that include all gender identities and excludes no one. It’s grammatically
correct, universally applicable, has existed as long as the English language,
and will continue to stand the test of time.
On a similar note, Council recently made historic progress by agreeing to
change all iterations of the word “citizen” in city documents and policies that
don’t refer specifically to citizens of any particular country but to residents or
community members in general, regardless of national citizenship or
documentation. I applaud that decision by Council and the hours of
worthwhile work that staff did in identifying and changing those iterations of
“citizen” to bring us forward into the 21st century as a diverse and welcoming
city. Changing “he or she”/“him or her”/“his or hers” to a more accurate,
inclusive, and up-to-date “they,” “them,” or “theirs” is in the same inclusive
spirit, and would be another form of necessary 21st-century progress for
inclusivity that we could all be proud of.”
c. Staff information: If Council direction is to change pronouns retroactively on
all forms, documents, policies, etc. a significant investment of time and
money would be required to ident ify and change all uses of gendered
pronouns. To do this at one time could potentially take hundreds of hours.
Using the City’s web site as an example only, staff estimates would take 20+
hours to review, identify, and make the necessary revisions to gender
pronouns on each webpage, not including any of the linked documents such
as policies, guides, forms, applications, etc. In addition, there are some
documents that can only be changed by ordinance of City Council. There
would also be monetary costs associated with replacement of existing printed
materials and visual aids.
Conversely, if the direction is to make these changes going forward on all
new or revised documents, forms, policies, and updates and incorporating the
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revisions into policy, staff would take the steps to make the changes and train
staff. Staff estimates it would take 4-5 hours of staff time to update necessary
policies and procedures and then would take additional time to train the
necessary staff throughout the organization.
For clarification, in discussion with the renamed Committee on Community
Engagement, staff noted its intent to utilize the term “community” and
“community member” more regularly, as appropriate, in the City’s broad
communications. Staff has not received Council direction regarding the
changing of all iterations of the term “citizen” to “community member” in all
documents and policies.
2. Have a discussion regarding the one-minute pitch process.
a. Requestor: Council Member Meltzer
b. Council Member Request: This a request for a one-minute pitch to revisit the
over ly narrow way we adjudicate one-minute pitches. Our goal should be to
efficiently get to the best ideas. We should be able, within our time
constraints, to articulate modifications around the proposal such that the chair
can discern a consensus, not solely whether the request can proceed exactly
as written. If ten degrees off the proposal is a great idea, we should be able to
efficiently find that as a group, and not settle for no action when that would
be the worse outcome.
c. Staff Information: The City Council discussed the process for information
requests during the August 17, 2019 Annual City Council Retreat. During the
retreat, the City Council agreed to a set of procedures that are intended to
ensure there is a consensus of the City Council regarding the use of staff time
when responding to requests from elected officials. Ordinance No. 19-2026
was adopted by the City Council on August 27, 2019. This ordinance and
process is commonly referred to as the “One-Minute Pitch Process.” The
ordinance outlines that:
1. All City Council requests for information from City Staff,
must be submitted to the City Manager’s Office via email and
include at a minimum, the following details:
a. Request Type;
b. Purpose;
c. Time Sensitivity; and
d. Preferred Response Format.
The ordinance further outlines that requests that are presented during the
Pending Council Request Work Session includes the following:
“The requesting Council Member will be required to provide a clear, written
explanation describing the reason for the information requested. This
description will be included as an attachment to the work session agenda
materials and must be provided to the City Secretary in time to fully comply
with the Texas Open Meeting Act requireme nts.” Section (c)(1)
If the City Council would like to discuss the one-minute pitch process, staff
can prepare a work session item during an upcoming City Council meeting.
B. Potential Sewer Overflow – On January 12, watershed protection received a call
reporting a potential sewer overflow to a tributary of Pecan Creek. Notices were made
to Texas Commission on Environmental Quality (TCEQ) once the overflow was
verified. Cleanup was initiated immediately and completed over the following week.
The overflow occurred from a manhole in which the wastewater pipe became blocked
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with intruding tree roots. Watershed Protection provided sampling and analysis of the
receiving stream for several weeks to confirm water quality improvements were
achieved. All data was shared with TCEQ. On February 25, Utilities received the
attached Notice of Enforcement (NOE) from TCEQ indicating that there will be
impending enforcement actions. Staff contact: Terry Naulty, Water/Waste Water
C. Recommended Site Cleanup: Spencer/Katy Trail – An interdepartmental team
recommends clean-up of a site at Spencer Road/Katy Trail due to excessive trash and
debris, health and safety concerns, complaints from residents and neighbors, continued
public safety calls at this location, and assessment related to outreach. The site is an
active encampment. The attached memo outlines history of the site and actions taken,
explains the recommendation from an interdepartmental team, and planned next steps.
The area is scheduled to be cleaned Monday, March 29. Staff contact: Courtney Cross,
Community Services
D. Winter Storm Legislative Priorities – Electric – During the March 2 City Council
meeting, Council Member Davis asked if staff would be bringing any winter storm
legislative priorities to the City Council for discussion. Staff’s response was that we
would. However, staff wanted to inform the City Council that the Texas Legislature
is moving at a very rapid pace and there are new developments on a daily basis. DME
staff continues to work with the City’s Legislative Consultants at Focused Advocacy
as well as other coalitions, such as TPPA (Texas Public Power Association) and APA
(American Public Power Association) to communicate DME’s experience, and that of
its customers, and the impact of various actions by ERCOT, the PUCT and the Rail
Road Commission. TPPA was formed in 1978 and is comprised of 72 municipally
owned electric utilities, 3 joint action agencies and 3 electric cooperatives. Through
Denton’s membership in TPPA, DME recently participated in a Legislative
Committee discussion that result ed in various agreed upon recommendations
(attached) that were submitted to the Texas House State Affairs and Energy
Resources Committees. Items that the Legislative Committee was not able to reach
consensus included: load shedding/critical customers, additional generation, and
ERCOT credit/collateral. DME staff will continue to evaluate these latter items, as
well as various legislative bills filled in the last few weeks, and report back to the City
Council either through this staff report or a work sessio n, if necessary, regarding any
position that should be taken. Staff contact: Tony Puente, DME
E. Winter Storm – Potential ERCOT Repricing Actions – Calls by the Governor,
Lieutenant Governor and the majority of the State Senate to reprice the last 32 hours
of the storm event are based upon a preliminary report from the ERCOT Independent
Market Monitor (IMM) indicating that during those hours, the market was
overcharged for electric by $16 billion. Since the initial report of the IMM, the Public
Utility Commission of Texas (PUCT) opened a project to receive comments from the
public on the matter. Also, the IMM issued two further clarifications indicating that
the potential repricing that they recommended would result $3.2 billion and
$5.1 billion in adjustment s to the settlements that have already taken place. DME staff
performed analysis of what such a repricing and settlement would mean to DME and
concluded that such an action would significantly increase the cost of electric power
purchased from ERCOT during these 32 hours. Consequently, DME filed the
attached letter with the PUCT to ensure that they are aware that such action would
have a detrimental impact to DME and its customers. DME provided this letter to
ensure that the PUCT, the Denton legislative delegation, and the public are aware that
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their actions have the potential to adversely impact DME customers and the City of
Denton. Staff contact: Terry Naulty, DME
F. Utility Assistance Funding Update - Until December 1, 2020, Interfaith only worked
with need-based clients who have not been impacted by COVID-related income loss.
January households receiving assistance was two times greater than the previous two
Januarys. From October through February of the current fiscal year, the number of
households receiving assistance is 125% higher than the previous fiscal year for the
same timeframe.
Recent month and year qualification statistics are provided below:
In the December 17, 2020 meeting, City Council increased Interfaith Ministries
FY2020-21 funding by $125,000. Currently, 58% of the fiscal year remains with 70%
of available funds and remaining budget still available for the remainder of the year .
Any customer who contacts Customer Service indicating need for assistance is
submitted to Interfaith Ministries as a referral and is granted an agreement to ensure
service continuation while they are working through the application process.
Staff contact: Christa Foster, Customer Service
G. EPA Local Government Advisory Committee Nominations – On March 5, the
Environmental Protection Agency (EPA) announced a solicitation for nominations to
serve on its Local Government Advisory Committee (LGAC), which advises the EPA
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on critical environmental issues impacting local governments. The agency is also
accepting nominations for LGAC’s Small Communities Advisory Subcommittee
(SCAS). The EPA is seeking to fill up to 30 LGAC and 10-15 SCAS memberships.
“Local and state partnerships are vital to EPA’s mission of promoting and protecting
public health and the environment,” said Deputy Associate Administrator for
Intergovernmental Relations Casey Katims. “The Biden-Harris administration has
laid out an ambitious agenda to tackle the climate crisis, prioritize environmental
justice and create clean energy jobs. Seeking input and collaboration from
communities across the country is an essential part of achieving these goals.”
Members of the LGAC and SCAS will provide advice and recommendations on a
broad range of issues, including: ensuring access to clean air and water; reducing
greenhouse gas emissions; advancing environmental justice; bolstering resilience to
the impacts of climate change; and limiting expo sure to dangerous chemicals and
pesticides.
Candidates must be current elected or appointed officials representing local, state,
tribal or territorial governments. EPA expressly values diversity, equity, and inclusion,
and encourages the nominations of individuals from diverse backgrounds, so that the
LGAC and SCAS look like America and reflect the country’s rich diversity.
To be considered for 2021 appointments, nominatio ns should be submitted by
April 16, 2021.
To learn more about the LGAC visit https://www.epa.gov/ocir/local-government-
advisory-committee-lgac
Please let staff know if you are interested in serving or nominating a representative
and we will assist with the process, which will include consideration and approval of
a Resolution by the City Council. Staff contact: Katherine Barnett, Sustainability
H. Comprehensive Plan Update’s First Community Workshop – As staff works to update
the City’s Comprehensive Plan, the Development Services Department scheduled the
First Community Workshop for Thursday, March 25 from 6 p.m. to 8 p.m. This two-
part workshop will be held virtually through Zoom. During the first portion, staff will
present the City’s past and current planning efforts and will provide an overview of
what a comprehensive plan is, what it is not, current and emerging planning trends,
and draft recommendations that will shape new goals and policies (e.g. healthy
communities, mobility, economic development, and growth). During the second
portion of the workshop, staff will lead an interactive exercise to engage citizens in a
discussion about issues and opportunities facing Denton’s residents, businesses, and
others. This discussion will help inform the update of the City’s Community Vision
Statement. Staff will promote this event over the coming weeks and encourage
everyone to participate in the workshop to share their vision for Denton’s future. All
participants are asked to register by visiting the City of De nton homepage at
www.cityofdenton.com, emailing Ron.Menguita@cityofdenton.com, or by clicking
here to register. Staff contact: Ron Menguita, Development Services
I. 2021 Construction Guide – The City of Denton 2021 Construction Guide, the City’s
biannual publication to keep community members informed on active and planned
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infrastructure and maintenance projects, City facility improvements, and general
construction related resources, is now available. The Guide provides community
members information regarding:
Major infrastructure projects beginning and expected to complete construction
this year;
Progress on the City’s Bond Programs;
Major infrastructure and City facility project updates;
Education articles to highlight some of the City’s existing resources relating to
construction and maintenance projects; and
Ways for residents to stay engaged and informed on construction and
improvement projects from the City.
The guide is being mailed to more than 55,000 residential address in Denton, and will
be promoted on the City’s social media channels, available on the homepage of the
City’s website, and shared with the DISD board and staff. An electronic version is
attached. The development of this publication was a collaborative effort. Special
thanks to Capital Projects, Water, Wastewater, Streets, Drainage, Traffic, Parks and
Recreation, Police, Fire, Finance, Technology Services, and Public Affairs. Staff
contact: Stephanie Yates, Public Affairs
J. New City-Related Bills Filed – During the current session of the Texas Legislature,
the Texas Municipal League provides its member cities with summaries of all city-
related bills that have been filed. The attached bill list represents bill summaries of
city-related bills filed in the last week. Staff is actively reviewing these proposed bills
to evaluate their potential impact and develop strategies to engage in outreach with the
legislature and our local delegation prior to and during the upcoming session.
Questions regarding any piece of legislation or to receive the full text of legislation,
please contact Ryan Adams or Rachel Balthrop Mendoza. Staff contact: Ryan Adams,
Customer Service and Public Affairs
K. Westgate Reconstruction Next Steps – Following the March 1 City Council/Dent on
Independent School District (DISD) Luncheon, Mayor Pro Tem Davis requested
additional information about planned improvements for Westgate. The 2014 Bond
included street reconstruction on the southern segment of Westgate comprising 1,962
linear feet from Fladger to Windsor. Since approval of the 2014 Bond, staff further
assessed the roadway and added drainage upgrades and utility upgrades to the scope
of the project. Staff is considering options to ensure necessary connectivity for
residents of the Westglen neighborhood during construction and access concerns
associated with the opening of the new Denton High School as well as other
development in the area. Several options for improving the full current extents of
Westgate and potential temporary and/or permanent extension of the roadway are
being considered. Staff has a meeting scheduled with DISD on March 25 to discuss
this project along with several other capital projects that are being coordinated near
the new Denton High School site. Following that discuss ion, staff will host a
community meeting with area residents, present options being considered at a future
City Council work session, and will further discuss options with the Traffic Safety
Commission and Mobility Committee. Dates for the community meeting and
upcoming Council and committee presentations are currently being identified. Staff
contact: Rachel Wood, Capital Projects/Daniel Kremer, Public Works
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L. Southeast Denton Infrastructure Funding – On Sunday, March 7, Council Member
Armintor requested information on the funding sources for planned construction in the
Southeast Denton neighborhood. Design development is currently underway for
roadway reconstruction and utility upgrades on 73 street segments in the Southeast
Denton neighborhood. Roadway and utility design is funded through the $70 million
Street Reconstruction Program, which is part of the 2019 Bond. Associated roadway
reconstruction will also be funded through the 2019 Bond’s Street Reconstruction
Program, and utility construction will be funded by the Water and Wastewater Capital
Investment Program. Staff is currently collecting feedback on the potential addition of
sidewalks and streetlights to the scope of planned construction in Southeast Denton.
Any sidewalks added to the project scope will be funded through the $12 million
Sidewalk Program, which is also part of the 2019 Bond. Any streetlights added to the
Southeast Denton project, will be funded by Denton Municipal Electric. As the design
for roadway construction in Southeast Dent on is finalized, staff may consider
additional outside funding sources. For the time being, the primary funding sources
for construction in Southeast Denton are the 2019 Bond, Utilities (Water/Waste
Water) Capital Investment Program, and Denton Municipal E lectric. Staff is currently
preparing a phased project schedule to complete all 73 segments in Southeast Denton.
Staff will share the project schedule for all planned segments in Southeast Denton
once it is finalized. Staff contact: Rachel Wood, Capital Pr ojects
M. Hinkle Construction Update – On Tuesday, March 9, Council Member Armintor
requested a status update on efforts to improve the illumination, signage, and visibility
of the roundabout at the intersection of Hinkle and Mimosa following a recent traffic
accident where signage was damaged. Below are updates on remaining aspects to
complete the Hinkle roundabout project and improve visibility:
Damaged Signage: Traffic Operations repaired the damaged signage on
Wednesday, March 10.
Roundabout Lighting: In December 2020, Denton Municipal Electric (DME)
replaced all existing High Pressure Sodium (HPS) streetlights with Light
Emitting Diode (LED) streetlights along Hinkle from US 380 to Windsor. The
new LED streetlights are much brighter and have improved visibility along
Hinkle from the previous HPS lighting. Traffic Engineering has engaged a
lighting consultant from Kimley-Horn and Associates to assess the current
lighting of the Hinkle roundabout and determine if additional illumination is
necessary. Preliminary results from the photometric study should be available
for staff inspection on Wednesday, March 17. Following that assessment,
Traffic Engineering staff will work with DME and the Finance team to review
the study and identify locations and funding for any additional streetlights that
are needed. As any new illumination is considered, staff will also factor in any
impacts the additional lighting may have on migratory birds and other wildlife.
Sidewalk from Mimosa to Windsor: The Fireside Park developer is
responsible for constructing the remaining 200 linear feet of 8 -foot sidewalk
and 1,415 linear feet of 5-foot wide sidewalk from Mimosa to Windsor.
Sidewalk construction was delayed due to the recent winter storm. The
developer now projects to have t he sidewalk installed on or before April 15,
2021.
Concrete Repair and Installation: The City’s concrete repair and installation
contractor is set to install the retaining walls located on properties adjacent to
the roundabout and remaining 50 linear feet of sidewalk on the west side of
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Hinkle and accessible ramps. The recent winter storm has caused a delay in
planned projects for the City’s contractor; remaining sitework is now estimated
to begin on or before April 15, 2021 and is projected to take three w eeks to
complete.
Staff contact: Dustin Draper and Chandra Muruganandham, Capital Projects/Chris
Lutrick, DME
N. Prairie Street Drainage Safety Concerns – On February 28, Council Member Meltzer
requested staff investigate a citizen’s concerns for the safety of the concrete drainage
channel located at 214 West Prairie Street. The channel of concern is a part of the
Phase 3 and 4 of the Pecan Creek Tributary 4 project, where the channel will be
upgraded to underground box culverts, which is currently in design and waiting for
funding to be identified. The improvements that were added as part of Phase 1 and 2
created the drop that is in the video to allow for the ultimate design. There is currently
a guardrail to the fullest extent of the City’s right -of-way, however it does not run the
full length of the property. Staff spoke with the property owner, who granted
permission for the City to install the remaining length of the guardrail. Staff is working
with a contractor to schedule the insta llation, but lead-time for the fabrication of the
rail is not currently available. Staff will follow up in a future Friday Report when the
work has been completed. Staff contacts: Daniel Kremer, Public Wo rks/Seth Garcia,
Capital Projects
O. Americans with Disabilities Act (ADA) Evaluations – The City of Denton ADA Self-
Evaluation and Transition Plan began Monday, March 1. Accessology, a sub-
consultant to Kimley-Horn, conducted on-site evaluations of 11 parks, including
sports fields and concessions, three fire stat ions, and the Goldfield Tennis Center.
Evaluation teams identified and documented all potential changes needed to meet the
current ADA standards. The evaluation included accessible parking, all
sidewalks/paths/trails within parks, all amenities within parks (including restrooms,
buildings, playgrounds, etc.), the path of travel to building entrances, and building
interior elements for public areas (including doorways, doorknobs, counter heights,
etc.). The team will continue evaluations through June of 2021 and anticipate an
updated Transition Plan draft in September of 2021. Staff will be presenting the data
collection process to the Committee on Persons with Disabilities on March 18, 2021.
Additionally, Kimley-Horn & Accessology will be hosting a Virtual Community
Meeting to gather public input, which is anticipated to be held in April. Staff contact:
Carin Zeman, Parks and Recreation & Marissa Barrett, Facilities Management
P. Athletic Tournaments – Parks and Recreation is hosting two outdoor tournaments this
weekend, March 13-14. The first tournament is an adult softball tournament at North
Lakes Softball Complex. The second tournament is the 2020 Texas Amateur Athletics
Federation (TAAF) Adult Flag Football State tournament. PARD originally had the
football tournament planned for December 2020; however, it was postponed due to
Covid restrictions. Staff contact: Jason Barrow, Parks and Recreation
Q. 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 (includ ing a Yeti). There will be two
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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
R. 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.
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
S. Easter Events – It should come as no surprise that the Parks and Recreation Easter
Egg'stravaganza will be a little different and won't have the giant egg hunt. But, PARD
is still committed to making sure the community has fun options.
Bunny in the Parks
Monday, March 29-Friday, April 2
Every day our Easter Bunny will be in a park from 4-5 p.m. His handler will help with
pictures and give out free candy and balloons (while supplies last). Kiddos will need
to stay at least 6 feet from the bunny.
FREE Easter Bunny Zoom Calls
http://bit.ly/BunnyZoom
Saturday, March 27 & Sunday, March 28
After signing up for a timeslot, staff will email you with a Zoom link. Feel free to give
that link to grandparents who might want to be a part of the call as well. Each call will
last no more than 5 minutes. The bunny will have a handler who can interpret bunny
squeaks to English.
Yard Cards & Easter Baskets
https://bit.ly/YardCards
March 29-April 2
For $20, sign up for a yard card and Easter basket with candies to be delivered to your
house or a loved one's. Each yard card comes with one Easter basket. We will email
out the delivery date the week before. Please make sure you are okay with any day
between Monday, March 29 through Friday, April 2. You will not be able to select a
date.
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Easter Baskets
http://bit.ly/EasterBasketDenton
$10 each | Pick Up
Each basket has 12 eggs filled with candy, watercolor paints, an Easter suncatcher,
garden shovel, carrot seeds, coloring book, and crayons. Bags are pick-up only at
North Lakes Rec Center, 1201 W. Windsor, Monday, March 29-Friday, April 2, from
6 a.m. to 8 p.m. You must register for a basket in advance.
MLK Jr. Rec Center Bunnies & Baskets
March 27 from 10 a.m.-noon
Drive through MLK Jr. Rec Center, 1300 Wilson St., and receive a FREE bag with
candy and small toys handed out by the Easter Bunny himself! There will be a raffle
drawing for baskets. The MLK Jr. Advisory Council and Cute Kids Foundation are
the sponsors who made this possible. Limited to the first 200 customers.
Staff contact: Jennifer Eusse, Parks and Recreation
III. Upcoming Community Events and Meetings
A. Parks, Recreation, and Trails Master Plan Virtual Community Meeting (see
attached clickable flyer for information)
IV. Attachments
A. TCEQ Notice .................................................................................................... 12
B. Site Cleanup ..................................................................................................... 15
C. TPPA Texas House Recommendations ............................................................. 23
D. PUCT Final Letter ............................................................................................ 26
E. Construction Guide 2021 Update ...................................................................... 29
F. TML New Bill Listing ...................................................................................... 37
G. Parks Master Plan Virtual Community Meeting .............................................. 110
V. Informal Staff Reports
A. None
VI. Council Information
A. Council Requests for Information .................................................................. 111
B. Council Calendar ........................................................................................... 113
C. Draft Agenda for March 23 (Joint Meeting with PUB) .................................... 116
D. Draft Agenda for March 23 (Special Called Meeting) ..................................... 118
E. Future Work Session Items ............................................................................ 123
F. Street Construction Report ............................................................................. 124
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215 E. McKinney St., Denton, TX 76201 (940) 349-8307
OUR CORE VALUES
Integrity Fiscal Responsibility Transparency Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989
MEMORANDUM
DATE: March 12, 2021
TO: Sara Hensley, Interim City Manager
FROM: Sarah Kuechler, Chief of Staff
Courtney Cross, Assistant Community Services Manager
SUBJECT: Spencer Road/Katy Trail
Staff is recommending clean-up of a site at Spencer Road/Katy Trail due to excessive trash and
debris, health and safety concerns, complaints from residents and neighbors, continued public
safety calls at this location, and assessment related to outreach. The site is an active encampment.
The following memo outlines history of the site and actions taken, explains the recommendation
from an interdepartmental team, and planned next steps.
HOMELESS OUTREACH TEAM AND STREET OUTREACH
The DPD Homeless Outreach Team (HOT) collaborates with Street Outreach workers from Giving
Hope, Inc., Vision Ministries, and other nonprofit partners to conduct outreach to individuals living
unsheltered twelve (12) to sixteen (16) times a month. Their goal is to meet people experiencing
homelessness in their environment, provide them with information on housing, employment, and
benefit resources they may qualify to receive, and connect them to resources.
HISTORY
The Denton Police Department’s Homeless Outreach Team (HOT) and local nonprofit Street
Outreach workers first identified this site as a possible encampment of people experiencing
homelessness twenty-four (24) months ago. Please see below a map showing the location of the
site and photos (additional photos are attached).
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HOT and Street Outreach workers have visited the site seven (7) times in the last twenty-four (24)
months in attempt to provide social service outreach and referrals. They have encountered nine (9)
individuals during their visits. During all other visits, including the most recent visit on February
2, three (3) people present engaged with outreach workers and an unidentified number of
individuals remained in their tents and did not engage. When Street Outreach visited the site on
February 11 to inform people of warm places to stay ahead of the severe winter weather, several
people were heard talking inside of tents but did not leave their tents or accept resources from staff.
In addition, Parks and Recreation, Police, Fire, and Health Inspections staff visited the site since
the City was made aware of trash and debris, health and safety concerns, complaints from residents
and neighbors, and continued public safety calls at this location. The site has substantially
expanded its footprint of trash and debris and there are significant health and safety concerns.
Photos of the site (attached) provide some insight of the unsafe and unsanitary conditions.
EVALUATION
The site has been evaluated by an interdepartmental team of Parks and Recreation, Community
Services, Police, Fire, and Health Inspections. This team collaboratively works together to address
the impacts of homelessness on City property and services and improve connections to available
resources. Prior to the City interdepartmental team evaluating this site, the Street Outreach Team
visited this location 7 times over the last 24 months and at least 4 times within the last 5 months
to perform Coordinated Entry assessments and get individuals connected to resources.
This team, in consultation with DPD’s HOT and non-profit Street Outreach workers, is
recommending that the site be cleaned up based upon the following considerations:
• The focus area is an active encampment: Based upon all visits, by the HOT, Street Outreach,
and Parks & Recreation, over a period of twenty-four (24) months, nine (9) individuals have
been located as a living or staying at the site.
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• Outreach Assistance: As stated above, DPD’s HOT and Street Outreach workers have made
repeated visits over the last two years to connect individuals to available resources.. The Street
Outreach Team visited the site 7 times on February 9, 2018; January 21, 2020; April 9, 2020;
October 7, 2020; October 14, 2020; February 2, 2021; and February 11, 2021. They estimate
that approximately nine (9) individuals had been living in the impacted area. By their last visit
on February 11, HOT and Street Outreach noted several individuals at the camp who refused
to leave their tent or seek shelter ahead of the cold weather event predicted. Due to the site
conditions, volume of trash, and health and safety concerns, representatives – with support
from DPD’s HOT and Street Outreach workers – advocate for cleaning the area.
• Health Concerns: Along the south side of 1900 block of Spencer Road, there is approximately
a 200-foot by 100-foot area of trash and debris that poses a serious public health and safety
concern. There is a significant accumulation of junk, litter and trash associated with the camp,
including putrescible food waste and some evidence of bodily waste in the immediately
surrounding area. This collection of trash, debris and waste meets the criteria of unsanitary,
unhealthful, and unsafe nuisance conditions as defined under Chapter 14 – Health and Human
Services of the City of Denton Code of Ordinances.
• Fire Department: The Denton Fire Department responded approximately 3 times to the site
for reports of dumpster and outside fires in the area in approximately the last 8 months. The
large volume of waste, with flammable materials, is especially concerning for the potential for
a large-scale fire risking the safety of any individuals at or near the site, the preservation of the
wooded area, and nearby businesses and properties. When the Fire Department visited the site
on Friday, February 5, they found an individual burning blankets and trash debris.
• Police Department: The Police Department has a record of responding to 9 calls in this area
since January 2020. Two (2) of these calls appear to be related to criminal trespass, while the
others were for sexual assault, unconscious person, found property and criminal mischief.
• Resident Complaints: Because the site is somewhat hidden from public view by the trail,
there has not been a substantial history of complaints related to this site. However, there have
been recent resident complaints submitted on December 7, 2020, and February 22, 2021.
Due to the excessive trash and debris causing significant health and safety concerns, substantial
fire hazard risks posed, and potential contamination, the team is recommending clean-up of the
site.
CLEAN-UP PROCESS
Staff plans to proceed with the following steps to clean-up the site. Advanced notice will be given
to individuals who may be impacted by the clean-up of the site, and efforts will be made to provide
a connection to resources to individuals who may benefit from such resources.
• Post Signs: On Monday, March 15, 2021, Parks and Recreation staff will post signs in
various visible locations around the impacted area. The posting will notify anyone who
may have an ownership interest in items located, on or around the impacted area, which is
City property, that the area will be cleaned on a specified date and time. The date of cleanup
will be at least 10 days from the date the sign is posted. The posting will also state that
items will be removed from the impacted area on the specified date/time and may be subject
to disposal, provided the owner of the item cannot be reasonably identified and/or fails to
remove the items by the specified date and time on the posted sign. Lastly, the posting will
state that any item that is debris, unusable, hazardous or poses a health or safety risk, or is
unsanitary or in soiled condition will be discarded. The signs shall include a City contact
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person and phone number where an individual can contact the City with any questions they
may have pertaining to the notice on the sign. The signs will also include identification of
a contact person(s) to connect any individuals experiencing homelessness to social services
and available resources.
• HOT & Street Outreach Visit: DPD’s HOT and Street Outreach workers will visit the
site prior to cleanup to provide referrals and a final reminder that any personal property
must be removed before the scheduled cleanup. Community Services will work with The
Junction (formerly Our Daily Bread and Monsignor King Outreach Center) and Salvation
Army to make an announcement of the cleanup location made at shelters and during meal
services.
• Contractor Clean-up: Parks and Recreation will have a contractor begin cleanup of the
area on or about March 29, 2021. It is unknown how many days this process may take to
complete. Inclement weather could cause delays in the cleanup of the property. The
estimated cost of contractor clean-up is $5,000.00.
DPD’s HOT and Street Outreach workers will continue to monitor the site for future activity.
Outreach is a valuable tool in the Housing Crisis Response System to ensure that people living on
the street have access to assistance and be included on the community’s Housing Priority List
(HPL) for housing placement.
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ATTACHMENT(S):
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701 Brazos, Suite 495 Austin, TX 78701 • 512-472-5965 • www.tppa.com
Russell T. Keene
Executive Director
rkeene@tppa.com
March 5, 2021
The Honorable Chris Paddie
Chairman, State Affairs Committee
Texas House of Representatives
Austin, TX
The Honorable Craig Goldman
Chairman, Energy Resources Committee
Texas House of Representatives
Austin, TX
Dear Chairman Paddie & Chairman Goldman:
Thank you for the opportunity to submit initial legislative recommendations, per your request,
for consideration in responsive policy enhancements following Winter Storm Uri. TPPA’s
membership and the five million Texans served by Municipally Owned Utilities (MOUs)
appreciate the Legislature’s diligent work to address the state’s electric market, grid conditions,
and other impacts experienced February 14 - 19, 2021. The attached list is not exhaustive, only a
beginning. We look forward to working with you on other policy matters such as critical load
identification and load shed methodology, additional generation capacity, and ERCOT credit and
collateral requirements, among others.
The state’s 72 MOUs appreciate your review of what went wrong, what went right and what we
can all do better in the future to avoid another event with such immense human impact, as well
as serious economic impact. TPPA is committed to working with the Legislature, Executive
Branch and other stakeholders to ensure the ERCOT market functions in a fair and equitable
manner with unwavering reliability standards (in addition to stability and reliability in the non-
ERCOT areas of Texas where we have ten MOU members).
MOUs are present in 57 House districts and 17 Senate districts across Texas. TPPA thanks you
and your Committee members for your leadership reviewing storm impacts, and we look forward
to working together not only for the benefit of the constituents we mutually serve, but for all
Texans who expect a stable, safe and affordable electric system.
Respectfully,
Attachment
CC: TPPA Board of Directors
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FOR MORE INFORMATION
info@tppa.com _ 512 – 472 – 5965
701 Brazos Street, Suite 495 _ Austin, TX 78701
TPPA.COM
A statewide emergency communications system should be established for use during tight grid
conditions. TDEM and the Governor’s office communicate well in advance of impending natural
disasters. Similar communications should exist in scarce energy conditions. TPPA members pride
themselves on strong, local customer communication, and TPPA supports statutor ily charging a
state agency or entity, such as TDEM, with the responsibility for emergency communications to
serve as a clearinghouse for energy impact information, including a possible invest ment in
Reverse 9-1-1 or similar communications platforms, which citizens can sign up for to be notified
in emergency events. TPPA would also support utilities having access to this process to aid in
distributing communications and information in the event of an emergency.
The Legislature should direct the Public Utility Commission of Texas to initiate a rulemaking to
address scarcity pricing during load shed events. Removing some of the risk and volatility in
providing an essential service to Texans should be at the forefront of any policy solution. During
crisis conditions, normal scarcity pricing signals no longer serve their intended purpose. TPPA
supports the PUC initiating a rulemaking to address multi-day scarcity pricing during load shed
events.
Enhanced agency collaboration between the Public Utility Commission and the Railroad
Commission should be encouraged. TPPA supports a requirement that that the RRC and PUC
jointly develop and maintain a natural gas priority list, giving direction to natura l gas suppliers
and pipeline companies governing the delivery priority among LDCs, electricity generation and
other customers under emergency conditions, including summer heat, winter peak, severe
storms, and other emergency conditions. TPPA supports requi ring the RRC and PUC to establish
processes to ensure that natural gas infrastructure essential to providing services to electric
power production and LDCs are classified as critical load customers with the electric utilities
providing distribution and transmission services. Finally, TPPA supports requiring the RRC and
PUC to examine other areas where interindustry coordination will ensure continuous energy
services to end use customers.
The Legislature should provide additional funding to the Public Utility Commission of Texas and
Railroad Commission for the next biennium at levels appropriate to ensure the Commissions
can undertake existing initiatives as well as any new initiatives to address the 2021 winter
storm. Appropriate funding would allow the PUC and RRC the necessary resources and personnel
to undertake system improvements implemented in response to the winter storm. These
improvements should involve mandatory weatherization of utilities, as well as natural gas
compressors, processing plants, and production facilities. To ensure that this weatherization is
carried out, TPPA supports the establishment of an independent weatherization monitor serving
both the PUC and RRC. This weatherization monitor would be tasked with carrying out
inspections of facilities and would provide enforcement support to the two agencies.
RECOMMENDATIONS IN RESPONSE TO WINTER STORM URI
As Requested by the Texas House State Affairs and Energy Resources Committee s
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FOR MORE INFORMATION
info@tppa.com _ 512 – 472 – 5965
701 Brazos Street, Suite 495 _ Austin, TX 78701
TPPA.COM
The Railroad Commission should explore establishing a price cap on natural gas during a
disaster declaration issued by the Governor. During the winter storm, gas prices soared to
previously unseen levels. A price cap during a disaster declaration would better mitigate against
price volatility, to the ultimate benefit of customers. The existing mechanism for reviewing
alleged price gouging, an investigation by the Attorney General, only works after the fact; high
gas prices can have deleterious effects on generation during a crisis and difficult and costly to try
to address after the fact. TPPA supports the RRC initiating a rulemaking to explore establishing a
price cap on natural gas sold during a disaster declaration issued by the Governor.
The Railroad Commission should permanently adopt its Emergency Order dated February 12,
2021, amending Rule 2 of Docket 489, to provide priority status for electric generation, which
serves human needs at all times, or at a minimum, during Energy Emergency Alert events. The
RRC’s Emergency Order was helpful toward obtaining gas for generators during this crisis. To
preemptively address priority for natural gas delivery, TPPA supports the permanent adop tion of
a high priority status for electric generation, which serves human needs.
The Texas Energy Reliability Council should be expanded and statutorily authorized. Currently,
TERC is an unofficial working group between the RRC, PUC, ERCOT, and members of industry.
TPPA supports TERC being statutorily authorized to encourage stronger lines of communication
between these industries and regulators. TPPA supports expanding TERC engagement to include
all transmission and distribution utilities, including municipally owned utilities, as well as
consumer representatives.
Submitted March 5, 2021
###
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PROJECT NO. 51812
ISSUES RELATED TO THE STATE
OF DISASTER FOR THE
FEBRUARY 2021 WINTER EVENT
§
§
§
PUBLIC UTILITY COMMISSION
OF TEXAS
DENTON MUNICIPAL’S RESPONSE TO INDEPENDENT MARKET MONITOR’S MARCH
1ST RECOMMENDATIONS
The City of Denton, Texas (Denton) owns and operates its own municipally-owned utility, Denton
Municipal Electric (DME), which is a load serving entity (LSE) and provides generation into the ERCOT
market. As a market participant in ERCOT, Denton has comments regarding the recent issues surrounding
the 2021 Winter Storm event and the effects on the ERCOT market.
The Independent Market Monitor (IMM) of ERCOT recommendation to change the real -time
energy prices from 0:00 February 18, 2021 to 9:00 February 19, 2021 from $9,000/MWh to a presumably
lower number will have unintended consequences to multiple LSEs who are also Generation Owners (GO)
and Qualified Scheduling Entities (QSE). Specifically, DME customers would incur negative financial
effects as DME’s generation resources were reacting to market prices to increase generation output to act
as a hedge against high real-time market price exposure. DME as a Municipally-Owned Utility (MOU), is
a Non Opt In Entity (NOIE) and does not participate in the compe titive retail markets. Policy makers are
improperly assuming that any repricing and resettlement of prices would provide a benefit to the
competitive retail segment, in this case at a cost to the DME and other NOIEs. The reported $16 billion (or
$3.2 billion) in energy pricing recommended by the IMM for repricing will move money from generators
that were performing during a time that the energy was needed to those that did not perform.
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The IMM’s recommendations, along with comments provided by others supporting repricing,
represents a retroactive, unwarranted, and a politically expedient shift in risk and rewards to market
participants. It will penalize generators, including DME, whose real-time actions in operating their
generating units was prudent and cost effective as hedges against the then-maximum real-time priced
energy purchase to serve higher than expected retail electric demand. While repricing would ideally offset
energy sales to ERCOT with energy purchases to serve load, DME’s supply portfolio is structured to use
natural gas fired peaking resources to offset the intermittency risk associated with DME’s renewable
positions. As renewable resources were underperforming, DME’s supply portfolio relies on the Denton
Energy Center (DEC), a natural gas fired generation facility, to provide five minute dispatchable energy to
hedge the intermittency of renewable energy. The recommended repricing by the IMM and others will
significantly add to the over $100 million in losses that DME’s customers already face.
While ERCOT was calling for additional generation to meet demand, the proposed repricing will
penalize generators who were doing exactly what was needed to stabilize the ERCOT grid and to return
electricity to all customers. This repricing will not only affect revenues owed to DME from natural gas
generation but also to all our renewable resources that did produce much needed energy. DME worked
aggressively to return the DEC to service once natural gas pressure returned to provide needed generation
to the ERCOT grid. These actions, and costs, were driven to capture maximum energy revenues to offset
maximum cap energy priced paid to ERCOT to meet the demands of DME customers.
Repricing and resettlement of pricing for the 18th and 19th of February may result in prices that are
lower than the actual cost of generation at the DEC. DME’s cost of fuel for these days was 66 times higher
than historical natural gas prices for February and resulted in a cost of generation in excess of $1800/MWh.
To reprice and resettle the market at prices below these levels will only add to the losses that DME will
need to pass on to its customers. The benefits of such repricing are likely to inure to competitive retail
electric providers (REP) and other LSE’s who did not implement prudent or effective hedging. The transfer
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of benefits from DME’s municipal customers to REPs is especially egregious considering that DME, like
all other MOUs, does not participate in the competitive retail market as a NOIE.
Repricing and resettlement will have adverse effects to the ERCOT market as Market Participants,
hedge funds, traders and hedgers that provide long-term market liquidity that benefit all MOU customers,
including DME’s, will lose confidence in the structured ERCOT market resulting in fewer trading
counterparties, wider bid/ask spreads, and more stringent credit assurance requirements. Each of these
detrimental changes will likely translate into higher electric prices for all customers.
Denton appreciates the Commission taking due care and consideration to these matters of very
public concern and respectfully requests that the Commission reject the IMM’s recommendation to reprice.
Respectfully,
Antonio Puente
General Manager
Denton Municipal Electric
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CONSTRUCTION GUIDECITY OF DENTON20212021
MAJOR CONSTRUCTION
PROJECTS CONTINUE IN 2021
Last year began with major investments in the City’s
infrastructure to further address current and projected
growth all over the city of Denton. The COVID-19
pandemic required City leadership to carefully reassess
operations that would focus on three core priorities:
our community and crew safety, project quality, and
performance.
As we move forward in 2021, staff is currently designing
more than 350 street segments that will be reconstructed
as part of the $70 million 2019 Bond Residential Streets
Program, and is taking a neighborhood-focused, holistic
approach to delivering these projects. The Southeast
Denton Neighborhood will serve as the City’s first
comprehensive neighborhood improvement effort where
utility, roadway, pedestrian connectivity, streetlights, and
other public improvements are being considered as part
of the project scope to minimize construction disruption
to the community and ensure neighborhood residents
receive necessary infrastructure improvements and other
enhancements.
On March 4, staff held the first Virtual Community
Meeting with residents of Southeast Denton to discuss
planned street segments, provide an overview of the
bond project implementation process, and to seek
feedback on the types of enhancements residents want
added to their community, in addition to planned utility
and street improvements. Staff has taken the feedback
and will finalize the project scope over the next month.
With the Southeast Denton Neighborhood, and all future
neighborhood improvements funded through the 2019
Bond, staff will engage residents as key stakeholders
before project scopes are finalized and throughout the
construction process to ensure residents are informed,
know how to access information, and will provide
contact information for the duration of the project.
WEST HICKORY STREET
W. Hickory Street between Welch Street
and Carroll Boulevard
Drainage improvements, lighting
improvements, and street &
sidewalk reconstruction.
Estimated cost: $3,000,000
Funding Source: 2012 and
2014 Bond Programs
Q3
ESTIMATED
COMPLETION
HICKORY CREEK ROAD PHASE 1
Hickory Creek Road, FM-2181 to FM-2499
Widening of Hickory Creek Road from two lanes to four
lanes divided between Teasley (FM-2181) and FM-2499;
sidewalk, lighting, and signal upgrades.
Estimated cost: $3,300,000
Funding Source: 2014 Bond Program
Q2
ESTIMATED
COMPLETION
BONNIE BRAE BLVD., PHASE 2
Vintage Boulevard from I-35W to US 377
Widen the full extents from Vintage Boulevard
from two to four lanes including
installation of signals at US 377 &
Vintage and South Bonnie Brae;
drainage improvements;
10-foot mixed-use trail; and
a 5-foot sidewalk.
Estimated cost: $19,590,000
Funding Source: 2012 and
2014 Bond Programs, Regional
Toll Revenue, and Denton County
Q3
ESTIMATED
COMPLETION
29
Construction can be a foreign and complicated industry, with hundreds of terms and jargon that are difficult to
understand. With most terms found on the City’s construction website, www.improvingdenton.com, this glossary of
common construction terms can be helpful to understanding the basic terms used in City construction projects.
CONSTRUCTION 101: COMMON CONSTRUCTION TERMS GLOSSARY
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DID YOU KNOW: THE WEEKLY STREET CLOSURE REPORT
TERM DEFINITION
Improving
Denton
The City’s online portal that provides detailed information about the City’s bond programs,
major City projects, routine maintenance projects, facility projects, and more.
Construction
Projects Map
The City’s interactive GIS (Geographic Information Systems) map that displays select routine
maintenance and major City projects that are actively in construction.
Sewer Main A primary conveyance pipeline in a wastewater system.
Water Main A major line in a water supply system.
Capital
Improvement
Project
Any major City-funded improvements to facilities and/or infrastructure. These individual projects
are a part of the City’s Capital Improvement Plan (often referred to as the CIP). Projects may include
construction and renovation of recreation centers and libraries, acquisition of parkland, repaving
of streets, replacement of water and wastewater lines, provision of power for residents, and the
purchase of new fleet vehicles and technology networks.
Expected
Timeline This is the anticipated project schedule from conception through completion.
Project Initiation
The project initiation phase is the conceptualization of the project, which describes the basic
processes that must be performed in order to get the project authorized to start. This phase
specifies what the project should accomplish.
Project Scope The overall definition of what the project should achieve and a specific description of the project’s
intended result.
Substantial
Completion
Work on the project has reached a point where the planned improvements are usable by the
intended users with only minor items not on the critical path remaining to be completed.
The City coordinates, plans, and publishes a weekly street closure report (SCR) that informs residents of maintenance and
major projects that require temporary lane or street closures. A copy of an SCR and information descriptors are included
below. You can find the latest SCR online at www.improvingdenton.com.
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The street where the construction
activities will be performed.
The street extents where the
construction activities will be performed.
The tentative timeline for the street
closure to be in effect.
Status of closures displayed in the
report. Categories include: Upcoming,
Current, or Completed.
A brief description of the construction
activities being performed.
The City department that is managing or
completing the construction activities.
Special instructions or notes related to the street construction.
Public meeting notes related to the
street construction.
Additional City outreach methods
used to inform residents of the
construction activities.
Contact information for the
project manager.
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BOND PROGRAMS UPDATE
The 2012, 2014, and 2019 bond programs includes several street, park, public safety and drainage improvement projects
to address aging infrastructure and improve the quality of life throughout the Denton community for years to come.
For an in-depth review of the spend progress, excluding encumbrances, for each of these programs, refer to the program
and proposition breakdown below.
2012 BOND PROGRAM
Proposition 1: Street Reconstruction
The 2012 Bond Program includes one proposition for Street improvements.
Proposition 1 consists of 208 local road segments.
2014 BOND PROGRAM
The 2014 Bond Program includes four propositions. Proposition 1 consists
of Street improvements; Proposition 2 consists of Public Safety Facilities;
Proposition 3 consists of Stormwater Drainage and Flood Control; and
Proposition 4 consists of Park System improvements
2019 BOND PROGRAM
The 2019 Bond Program includes three propositions. Proposition A consists
of Street Improvements; Proposition B consists of Police Facilities; and
Proposition C consists of Land for Parks.
2012
Voter
Approved
Amount
Total Debt
Program*Total Spent Total
Remaining
Percent
Spent
Percent
Remaining
Prop 1 $20,400,000 $26,100,000 $19,955,375 $6,144,625 76%24%
2012 BOND PROGRAM BUDGET
Remaining Spent
2014
Voter
Approved
Amount
Total Debt
Program*Total Spent Total
Remaining
Percent
Spent
Percent
Remaining
Prop 1 $61,710,000 $78,310,000 $30,201,354 $48,108,646 39% 61%
Prop 2 $16,565,000 $22,965,000 $19,333,762 $3,631,238 84% 16%
Prop 3 $8,545,000 $8,545,000 $6,434,006 $2,110,994 75% 25%
Prop 4 $11,355,000 $14,455,000 $6,508,564 $7,946,436 45% 55%
Total $98,175,000 $124,275,000 $62,477,686 $61,797,314 50% 50%
50%50%
Remaining Spent
2014 BOND PROGRAM BUDGET
2019
Voter
Approved
Amount
Total Debt
Program*Total Spent Total
Remaining
Percent
Spent
Percent
Remaining
Prop A $154,000,000 $154,000,000 $1,065,429 $152,934,571 1% 99%
Prop B $61,900,000 $61,900,000 $2,343,377 $59,556,623 4% 96%
Prop C $5,000,000 $5,000,000 $0 $5,000,000 0% 100%
Total $220,900,000 $220,900,000 $3,408,806 $217,491,194 2% 98%
98%
2%
Remaining Spent
2019 BOND PROGRAM BUDGET
24%
76%
*Includes additional funding from other sources.
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MAJOR INFRASTRUCTURE PROJECTS
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Bonnie Brae Street
• Phase 2 (Vintage and the intersection of Vintage at
Bonnie Brae) is scheduled for completion in Q3 2021.
• Phase 3 (Roselawn to I-35) is expected to start
construction in summer 2021 and has an estimated
completion date of Q3 2023.
• Phases 4-6 (I-35 to US77) are currently in the design phase.
• Will accommodate mobility needs and relieve congestion.
West Hercules Street Reconstruction
• West Hercules Street (Stuart to Sherman) is on target
• Projected Completion: Q2 2021.
• Will provide residents with a widened roadway for better
mobility.
Hickory Street
• Phase 5 (Welch to Carroll) began August 2020
• Projected Completion: Q3 2021.
• Will improve pedestrian safety, install new street lighting,
address aging utilities, and reconstruct the street.
Pecan Creek Tributary 4 (PEC-4)
Drainage Improvement Project
• Phase 1 (Elm from Hickory to Eagle) and Phase 2 (Locust
from Hickory to Eagle) are scheduled for completion in
Q3 2021.
• Phases 3 and 4 (between Prairie and Bernard) are in the final
stages of design.
• Will reduce flooding and upgrade aging utilities.
Hickory Creek Road West Project, Phase 2
• Active construction for this project (Hickory Creek from
Teasley to Riverpass) remains on schedule.
• Projected Completion: Q1 2022.
• Will improve mobility and safety in the area by expanding
the roadway to four lanes.
McKinney/Downtown Quiet Zones
• Establish railroad Quiet Zones at the railroad crossings of
McKinney, Hickory, Sycamore, and Prairie Streets.
• Projected Completion: Q4 2021. (Contingent on necessary
Union Pacific Railroad approvals)
• Will reduce noise in residential and downtown areas
associated with train horns.
Downtown Storm Sewer Trunk Line, Phase 1
• Increase capacity of trunk storm drainage system between
McKinney and Hickory along the Union Pacific railroad tracks.
• Projected Completion: Q4 2021.
• Reduce flooding downtown by increasing storm drainage
capacity.
2019 Street Reconstruction Program
• Construction along Thomas, Scripture, Hercules, and Windsor
is ahead of schedule.
• Projected Completion: Q4 2021.
• Street reconstruction and necessary utility replacements.
McKinney Street Widening Project, Phase 2
• Active construction for this project (Loop 288 to Grissom)
remains on schedule.
• Projected Completion: Q1 2022.
• Will improve pedestrian safety, address aging utilities,
reconstruct the street, and improve lighting.
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For additional information on all current
and upcoming construction projects
throughout the city of Denton, including
project timelines and an interactive map,
visit www.improvingdenton.com.
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FM 156UNIVERSITY
FM 2449
EL
M
FM 720F
M
4
2
6HWY 377LOOP 288FM 1173
OAK BELLJIM CHRISTAL FM 2931WINDSOR
ELDORADOTEASLEYSHER
M
A
N FM 424BONNIE BRAECARROLLEAGLE
ED ROBSONCOUNTRY CLUBFM 2164COL
O
R
A
D
O
HOBSON
ROSELAWNMASCH BRANCHBERNARDD
A
L
L
A
S
SWISHERCORINTH
RINEY
SHADY SHORESWOODROWNOTTINGHAMPENNSYLVANIALILLIAN B MILLERSHADY SHORESBONNIE BRAEI3
5
I35I35
UNIVERSITY
LOOP 288I35
I35BONNIE BRAE
Legend
Major City Projects
Bonnie Brae Street
Hickory Street
W. Hercules Street Reconstruction
McKinney Downtown Quiet Zones
Downtown Storm Sewer Trunk Line
Hickory Creek Road West
Pecan Creek Tributary (PEC-4)
2019 Street Reconstruction
McKinney Street
°N
4
Miles
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Fire Station No. 3 and No. 8 –
Phase 1 of construction on
Station 3 was completed in
February 2021. Following
Phase 1 of construction,
demolition of the old station
and new public parking will be
complete by spring 2021.
Fire Station 8 is a new
8,500 square-foot facility,
and opened in February 2021.
This new station has two bays
and houses new Fire Engine 8
and Medic 8 to provide
residents and property owners
in Southeast Denton with
faster services.
MAJOR FACILITY PROJECTS
The Nook at Quakertown Park– In collaboration with
Denton Rotary, Denton Library Foundation and the
Denton Public Library, a new
mini-outdoor amphitheater was
constructed at Emily Fowler
Central Library in Quakertown Park
and completed in fall 2020. It was
possible due to donations from the
Denton Rotary, Library Foundation,
and the community. Thank you to all
that made this project a reality.
Police Facilities – Renovation of the Police Headquarters
at City Hall East and the construction of a new Substation/
Firing Range began in March 2021. Construction on the
Police Headquarters will reconfigure workspaces and
add parking. The new Police Substation will house patrol,
neighborhood services, traffic enforcement, criminal
investigation, and more. It will also house an indoor firing
range and classroom space.
STATION 3
STATION 8
PARKS & REC FACILITY UPDATES
McKenna Park – Construction will continue
this spring at McKenna Park and is
expected to be complete in fall
2021. The new playground was
installed in December. The loop
trail and parking lot are currently
underway using the soil from the
Bonnie Brae Roundabout project.
Tennis Center – Funding from the 2014
bond program was dedicated to
the construction of a new tennis
center in North Lakes Park at
Windsor Dr. and Riney Rd.
Renovation of the old annex
building was completed in
October 2020 and will serve as
the new proshop. Construction
of the new courts will begin in the spring.
Anticipated opening of the facility is spring 2022.
Park Planning– Efforts to complete
the Parks, Recreation, and Trails
System Master Plan continues in
2021. A trails plan was
completed in 2020 that
proposes more than 200 miles
of trails for Denton over the next
25+ years. In addition, park plans
for Bowling Green Park and the
Villages of Carmel property will be started in 2021.
Master planning for the future Southwest Park will
be completed in summer 2021. While no funding is
dedicated for construction, plans will be completed in
anticipation of applying for grant funding.
American Legion Hall Senior Center– Construction
continues on a new senior center in Fred Moore Park.
This facility will consist of meeting and programming
space, fitness classes, and a computer lab. Construction
is anticipated to be completed in late spring or
early summer.
Playground Improvements–
Parks and Recreation continues
to update playgrounds across
the city. Play structures at
McKenna Park, Mack Park, and
Bowling Green Park have been
completed while Joe Skiles Park
will be under construction in
early 2021. All improvements in the
Playground Improvement Plan are being actively
completed and ongoing maintenance will continue
as needed.
Sculptures and Murals– Several projects are underway
to add beautification to the city by means of sculptures
and murals. A new mural was added to the underpass on
Robertson St. and sculptures are
in production for the MLK Jr.
Recreation Center, Vela Athletic
Complex, and Industrial Park.
Additional sculptures are in the
planning stage for other parks
and Fire Station 3. All murals and
sculptures are expected to be
implemented or completed by
fall 2021. Visit www.dentonparks.com for more info on
City of Denton Parks and Rec facilities and projects.
5
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TXDOT PROJECT UPDATES
6
TEASLEY LANE/FM-2181:
The relocation of City utilities along FM-2181 has been
completed. TxDOT’s crews are currently completing
the drainage improvements and constructing the new
lanes of the roadway. Multiple traffic shifts are to be
expected from now until the completion of the project
in Q2 2022.
PROJECT SCOPE STATUS
Dry Fork Sanitary Sewer
Installation of approximately 4,600 linear feet of 24-inch sewer main north of
Highland Park at Bonnie Brae west to I-35W Frontage Road and south to Corbin Road
to provide wastewater services to Southwest Denton Area residents.
Active;
Q3 2023
Hickory Creek Interceptor 1 & 2 Installation of approximately 13,000 linear feet of pipe along Hickory Creek between
Fort Worth Drive (US 377) and I-35W.
Active;
Q3 2022
I-35/Scripture Water
Transmission Main
Installation of a new 20-inch water line (approx. 700 feet) crossing I-35 near
Panhandle. New water line will increase reliability and provide more adequate water
service to the western portion of the City for projected growth.
Active;
Q4 2021
I-35/380 Water Transmission
Main
Installation of a new 16-inch and 20-inch water line (approx. 2,900 feet) crossing
I-35 near US 380. The new water line will increase reliability, provide more adequate
water service to the western portion of the City for projected growth.
Active;
Q4 2021
North South Water Main Phase 2 The installation of approximately 10,000 linear feet of water transmission main along
Bonnie Brae Street from Roselawn Drive to I-35E, servicing South and West Denton.
Closeout:
Q1 2021
North South Water Main Phase 3 The installation of approximately 4,225 linear feet of water transmission main along
Bonnie Brae Street from I-35E to north of Scripture Street, servicing West Denton.
Active;
Pending
Fort Worth Drive (US 377)Construction activities scheduled for completion in March 2021.Closeout
Significant factors in infrastructure maintenance projects include the enhancement and instillation of new utility lines
and services. The table below displays active water and wastewater projects throughout the city, including project name,
scope, and status of the construction with anticipated construction completion. For additional information about City
water and wastewater services and projects, visit www.improvingdenton.com.
WATER/WASTEWATER PROJECTS
US 377:
Located on US 377/Fort
Worth Drive from I-35E
to a quarter mile south
of FM-1830, this project
widens US 377 from a
two-lane rural roadway
to a six-lane urban
section and replace the
existing railroad bridge.
The City completed utility
relocations, including
water and sewer lines
between FM-1830 and the recently demolished railroad
underpass, and TxDOT has completed all paving.
New permanent signals were installed in January in
coordination with City of Denton Traffic personnel.
The project has an estimated completion date of March
2021. Visit www.drivetexas.org for the latest traffic and
detour information.
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During uncertain times, the City remains committed to
adapting and finding new ways to engage residents on
various construction projects, programs, and topics that
impact and improve our community. Below are ways
residents can stay informed and engaged on City planned
construction and improvements.
ONLINE: Visit www.improvingdenton.com to stay updated
on the latest construction projects and learn more about
planned projects throughout the City of Denton. Resources
on Improving Denton include: Construction Projects Map,
Major Projects webpages, TxDOT projects, Facility Projects,
Bond Programs, and much more.
IMPROVING DENTON EMAIL ALERTS: To receive the
latest news and info relating to construction from the City
of Denton, and opt-in to receive project specific updates,
subscribe to receive emails at www.improvingdenton.com.
VIRTUAL COMMUNITY MEETINGS: To introduce new
projects, provide updates on active projects, gather
feedback on strategic plans, and host input sessions, the
City will host community meetings with neighborhoods.
To reduce the spread of COVID-19, community meetings
are being held virtually through the video-conferencing
interface Zoom. To learn more about upcoming virtual
meeting or view previous virtual community meetings,
visit www.cityofdenton.com/virtualcommunitymeeting.
ENGAGE DENTON: Available online and on mobile,
residents can submit a request or report non-emergent
issues to City staff through the Engage Denton app. Engage
Denton is available in the App Store and Google Play. For
additional information, to submit a request, or report an
issues online, visit www.engagedenton.com
S
CITY OF DENTON CONSTRUCTION PROJECT PHASING
The City’s commitment to complete active and initiate
new voter approved or routine maintenance improvement
projects remains a top priority in 2021. Listed below are
the different phases of construction to provide community
members more information on how major city construction
projects turn from an idea to reality. As you review the
phases, keep in mind that each construction project is
unique—varying in size, scope, and complexity—and varies
depending on the needs of the project.
A major construction project can be divided mainly into
five sequential phases:
Initiation
Conceptualization of the project, which describes the
basic processes that must be performed and specifies
what the project should accomplish. Example: Ryan Road
Reconstruction (2019 Bond Funded Project).
Planning and Design
Planning: To establish the project scope, refine objectives,
and define plans and actions to attain objectives.
Design: To produce drawings and specifications to
communicate to the construction team the specific nature
of the project or improvements to be constructed.
Example: 2019 Street Reconstruction Bond Residential
Streets, Phase 3 (2019 Bond Funded Project).
Advertise, Bid, and Award
Process of advertising and
selecting a vendor that meets
the qualification standards
to deliver a service and/or
product that is reliable and
warranted for the City of
Denton. Example: 2020 Street
Bundle Sector 2 (2012 & 2014
Bond Funded Project).
Construction
Execution and progress inspection of the planned
infrastructure project while maintaining the safety,
health, and welfare of the public throughout the project’s
construction. Example: West Hickory Reconstruction
(2014 Bond Funded Project).
Closeout
Formal completion of a project, including making all final
payments, reviewing the final documentation, performing
all final inspections, closing contracts, and converting the
finalized project into an official City asset. Example:
Eagle Drive Drainage Phase 2 (2014 Bond Funded Project).
7
Have a question about a project? We’re
available to talk, answer questions, and get
your feedback.
See below for frequently contacted
departments. For a comprehensive listing, visit
www.cityofdenton.com.
For questions regarding major City projects:
CAPITAL PROJECTS | (940) 349-8910
For questions regarding water and sewer:
WATER/WASTEWATER | (940) 349-8786
For questions regarding property access:
UTILITIES DISPATCH | (940) 349-7000
For questions regarding utilities and account billing:
UTILITIES CUSTOMER SERVICE | (940) 349-8700
CONTACT US
STAY INFORMED ABOUT CONSTRUCTION PROJECTS & UPDATES
35
STAY UPDATED
www.improvingdenton.com
/cityofdenton
/cityofdenton
@cityofdentontx
A publication of the City of Denton • 03/21 • ADA/EOE/ADEA • TDD (800) 735-2989 • www.cityofdenton.com
/cityofdenton
Email Notifications
For additional information about these projects and more, visit www.improvingdenton.com.8
CONSTRUCTION GUIDECITY OF DENTON
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CITY-RELATED BILLS FILED (POSTED 3/12)
(Editor’s Note: You will find all of this session’s city -related bill summaries online
at https://www.tml.org/DocumentCenter/View/2507/City -Related-Bills.)
PROPERTY TAX
H.B. 2711 (Hinojosa) – Homestead Exemption: would provide that a qualified residential
structure does not lose its character as a residence homestead when the owner who qualifie s
for the exemption temporarily stops occupying it as a principal residence if that owner does not
establish a different principal residence and the absence is caused by the owner’s service
outside of the United States as a foreign service officer employed by the United States
Department of State.
H.B. 2723 (Meyer) – Tax Rate Notice: would require certain existing property tax rate notices
to contain a statement encouraging taxpayers to visit a website collecting property tax database
information to read as follows: “Visit PropertyTaxes.Texas.gov to find a link to your local
property tax database on which you can easily access information regarding your property
taxes, including information about proposed tax rates and scheduled public hearings of each
entity that taxes your property.”
H.B. 2832 (Patterson) – Property Tax Exemption: would exempt from property taxation the
residence homesteads of qualifying disabled first responders and their surviving spouses.
(See H.J.R. 119, below.)
H.B. 2941 (Burns) – Appraisal Review Board: would, among other things, provide that
appraisal review board members be appointed by the local administrative district judge in the
county in which the appraisal district is established.
H.B. 2958 (Shine) – Appraisal District Review: would require the comptroller to conduct a
limited-scope review of an appraisal district in lieu of a more extensive review of an appraisal
district if, during the most recently conducted review, the comptroller found the appraisal district
to be in compliance with generally accepted appraisal standards, procedures, and methodology,
and did not make any recommendations for improvement.
H.B. 2966 (Tinderholt) – De Minimis Property Tax Rate: would repeal all statutory provisions
related to the de minimis property tax rate passed as a part of Senate Bill 2 in 2019. (Note: the
effect of H.B. 2966 is, among other things, to require all cities under 30,000 population to hold
an automatic election on the November uniform election date if the city adopts a property tax
rate exceeding the city’s voter-approval tax rate.)
H.B. 3070 (Ellzey) – Property Tax Exemption: would provide that: (1) a disabled veteran is
entitled to an exemption from property taxes of the following applicable portion of the assessed
value of a designated property owned by the veteran: (a) $20,000 for a veteran having a
disability rating of at least 10 percent but less than 30 percent; (b) $30,000 for a veteran having
a disability rating of at least 30 percent but less than 50 percent; (c) $40,000 for a veteran
having a disability rating of at least 50 percent but less than 70 percent; or (d) $48,000 for a
veteran having a disability rating of at least 70 percent; (2) a disabled veteran is entitled to an
property tax exemption of $48,000 of the assessed value of a designated property the veteran
37
owns if the veteran: (a) is 65 years of age or older and has a disability rating of at least 10
percent; (b) is totally blind in one or both eyes; or (c) has lost the use of one or more limbs; (3) if
an individual dies while on active duty as a member of the armed forces of the United States: (a)
the individual’s surviving spouse is entitled to a property tax exemption of $20,000 of the
assessed value of a designated property the spouse owns; and (b) each of the individual’s
surviving children who is younger than 18 years of age and unmarried is entitled to a property
tax exemption of a portion of the assessed value of a designated property the child owns
computed by dividing $20,000 by the number of eligible children. (See H.J.R. 124, below.)
H.B. 3171 (Slaton) – Appraisal Districts: would, among other things: (1) require a chief
appraiser to be elected at the general election for state and county officers by the voters of the
county in which the appraisal district is established; (2) provide that the chief appraiser serves a
four-year term beginning January 1 of every other odd -numbered year; and (3) provide that to
be eligible to serve as chief appraiser, an individual must be a resident of the county in whic h
the appraisal district is established and must have resided in the county for at least four years
preceding the date the individual takes office.
H.J.R. 118 (Allison) – Appraisal Cap: would amend the Texas Constitution to provide that, for
each tax year following the year in which the property was purchased until the end of the tax
year in which the ownership of the property changes, the legislature may limit the maximum
appraised value of real property for property tax purposes to: (1) the lesser of the market value
of the property as determined by the appraisal entity; or (2) the sum of the amount the owner of
the property paid for the property and the initial market value of each new improvement to the
property.
H.J.R. 119 (Patterson) – Property Tax Exemption: would amend the Texas Constitution to
authorize the legislature to exempt from property taxation the residence homesteads of
qualifying disabled first responders and their surviving spouses. (See H.B. 2832, above.)
H.J.R. 124 (Ellzey) – Property Tax Exemption: would amend the Texas Constitution to
authorize the legislature to provide that: (1) a disabled veteran is entitled to an exemption from
property taxes of the following applicable portion of the assessed value of a designated property
owned by the veteran: (a) $20,000 for a veteran having a disability rating of at least 10 percent
but less than 30 percent; (b) $30,000 for a veteran having a disability rating of at least 30
percent but less than 50 percent; (c) $40,000 for a veteran having a disability rating of at least
50 percent but less than 70 percent; or (d) $48,000 for a veteran having a disability rating of at
least 70 percent; (2) a disabled veteran is entitled to an property tax exemption of $48,000 of
the assessed value of a designated property the veteran owns if the veteran: (a) is 65 years of
age or older and has a disability rating of at least 10 percent; (b) is totally blind in one or both
eyes; or (c) has lost the use of one or more limbs; (3) if an individual dies while on act ive duty as
a member of the armed forces of the United States: (a) the individual’s surviving spouse is
entitled to a property tax exemption of $20,000 of the assessed value of a designated property
the spouse owns; and (b) each of the individual’s survivi ng children who is younger than 18
years of age and unmarried is entitled to a property tax exemption of a portion of the assessed
value of a designated property the child owns computed by dividing $20,000 by the number of
eligible children. (See H.B. 3070, above.)
S.B. 916 (Seliger) – Appraisal Districts: would, among other things, authorize a local
governmental entity to request from the Texas Department of Licensing and Regulation (TDLR)
38
information on a registered professional appraiser the entity is co nsidering for appointment as
chief appraiser of the entity’s appraisal district; and (2) require TDLR to inform the entity of a
notation of noncompliance if the appraiser, during two or more previous reviews, served as chief
appraiser of an appraisal district that TDLR determined had failed to comply with the
comptroller’s recommendations.
S.B. 1027 (West) – Property Tax Installment Payments: would, among other things, provide
that, for property taxes imposed by a taxing unit in a tax year on property that is used for
residential purposes and has fewer than three living units, a person may pay the taxing unit’s
property taxes on property that the person owns in eight equal installments without penalty or
interest if the person: (1) provides written notice to the taxing unit not later than December 31 of
the year for which the taxes are imposed that the person will pay the taxes in eight equal
monthly installments; and (2) pays the first installment before the date on which the taxes
become delinquent.
S.B. 1029 (Huffman) – Property Tax Exemption: would provide that a person is entitled to an
exemption from property taxes of the appraised value of a solar or wind -powered energy device
owned by the person that is: (1) installed or constructed on real property; and (2) primarily for
production and distribution of energy for on -site use, regardless of whether the person owns the
real property on which the device is installed or constructed.
S.B. 1034 (Hughes) – Notice of Appraised Value: would require the notice of appraised value
delivered to a residential property owner by the chief appraiser of an appraisal district to include
a separate document dedicated to providing sales price information for each single -family home
recently sold in the same neighborhood as the residence homestead.
S.B. 1096 (Creighton) – Appraisal Cap: would reduce the property tax appraisal cap on
residence homesteads from ten percent to the following applicable percentage: (1) three
percent if the appraised value of a homestead is $1 milli on or less; or (2) five percent if the
appraised value of a homestead is more than $1 million. (See S.J.R. 46, below.)
S.B. 1131 (Paxton) – Property Tax Rate Calculation: would modify the definition of “last
year’s levy” for purposes of property tax rate c alculation to include the amount of taxable value
equal to the difference between: (1) the total taxable value for the preceding year of property
taxable by the taxing unit in the preceding year that is the subject of a judicial appeal on July 25;
and (2) the product of the amount described by (1), above, and the average percentage,
expressed as a decimal, by which the total taxable value of property taxable by the taxing unit
was reduced in judicial appeals during the five -year period ending with the preceding tax year.
S.J.R. 46 (Creighton) – Appraisal Cap: would amend the Texas Constitution to authorize the
legislature to provide one percentage to be used when calculating the limitation on the
maximum appraised value of a residence homestead with a lesser appraised value and another
percentage to be used when calculating that limitation on a residence homestead with a greater
appraised value. (See S.B. 1096, above.)
PUBLIC SAFETY
H.B. 1540 (S. Thompson) – Civil Remedies: would provide, among other things, that: (1) if a
law enforcement agency has reason to believe an activity related to prostitution or the violation
39
of licensing requirements related to massage therapy or massage services has occurred at
property that is leased to a person operating a massage establishment, the law enforcement
agency may provide written notice by certified mail to each person maintaining the property of
the alleged activity; (2) a person or enterprise commits racketeering if, for financial g ain, the
person or enterprise commits an offense related to trafficking of persons; and (3) a sex offender
who is placed under community supervision may not go in, on, or within 1,000 feet of certain
child-care facilities that operate as residential treatment centers. (Companion bill is S.B.
1036 by Huffman.)
H.B. 1911 (White) – Firearms Regulation: would, among other things: (1) authorize certain
persons to carry a handgun, regardless of whether the person is licensed to carry the handgun;
(2) provide that a peace officer acting in the lawful discharge of the officer’s official duties may
disarm a person who is carrying a handgun under certain circumstances and must return the
handgun if, among other things, the person is not prohibited by law from carryin g a handgun; (3)
provide that a public or private employer may not prohibit an employee who is not otherwise
prohibited by state or federal law from possessing a firearm or ammunition from transporting or
storing a firearm or ammunition in the employee’s p rivate, locked motor vehicle; and (4) provide
that a city may regulate the carrying of an air gun or firearm, other than a handgun carried by a
person not prohibited by state or federal law from carrying the handgun, at a public park,
meeting, political rally, parade, or certain other events.
H.B. 2572 (Reynolds) – Office of Law Enforcement Oversight: would, among other things:
(1) create the Office of Law Enforcement Oversight (Office) as a state agency for the purpose of
monitoring the operations of law enforcement agencies and the use of force practices of those
agencies; (2) provide that the director of the Office shall: (a) review the complaints received by
the Office regarding the use of force by peace officers of law enforcement agencies; and (b) if
the director determines that, based on complaints and other evidence, there is a pattern of use
of excessive force at a law enforcement agency, the director may conduct an investigation into
the agency’s use of force practices; and (3) if the investigatio n substantiates the alleged pattern
of use of excessive force, request the appropriate district or county attorney to bring an action to
institute reforms to the agency’s use of force practices, including an action against the agency
for: (a) appropriate equitable relief, including authority for the Office to require and monitor any
changes to policies, procedures, and other measures necessary to end, to the extent
practicable, the use of excessive force by the peace officers of the law enforcement agency; or
(b) the appointment of the Office as receiver of the law enforcement agency for the purpose of
instituting the changes described in (3)(a), above; (4) provide that a law enforcement agency
shall allow the Office access to the agency’s records relating to an investigation conducted
under (2), above, and in allowing access to such records, the law enforcement agency shall fully
cooperate and collaborate with the Office in a prompt manner in order for the Office to carry out
its duties and improve the agency ’s operations and conditions; (5) the Office may inspect or
review without notice any part of a facility of a law enforcement agency under investigation or
any operation, policy, procedure, record, or log of the agency relating to: (a) a complaint
received by the office; (b) the use of force against an individual; (c) the internal investigations
process of the agency; and (d) employee or officer recruitment, training, supervision, or
discipline; and (6) waive sovereign or governmental immunity, as applica ble.
H.B. 2583 (Campos) – Failure to Report Offense: would provide that the penalty for the
offense of failure to report that an elderly person or a person with a disability has been abused,
neglected or exploited is enhanced to a state jail felony if it is shown on the trial of the offense
40
that the actor is a peace officer who encountered the abused, neglected, or exploited person in
the course of discharging his or her duties as a peace officer.
H.B. 2588 (Crockett) – Cite and Release: would provide that: (1) each law enforcement
agency shall adopt a written policy regarding the issuance of citations for misdemeanor
offenses, other than violent misdemeanors; (2) the policy must provide a procedure for a peace
officer, on a person’s presentation of appropriate identification, to verify the person’s identity and
issue a citation to the person and must comply with the provisions under (3), (4), (5), (6) and (7),
below; (3) a peace officer or any other person may not, without a warrant, arrest an offender
who commits only one or more misdemeanor offenses, other than a violent misdemeanor or an
offense of public intoxication, unless the officer or person has probable cause to believe that: (a)
the failure to arrest the offender creates a clear and immediate dang er to the offender or the
public; or (b) the failure to arrest the offender will allow a continued breach of the public peace;
(4) a peace officer who is charging a person, including a child, with committing an offense that is
a misdemeanor, other than a violent misdemeanor or an offense of public intoxication shall,
instead of taking the person before a magistrate, issue a citation to the person that contains
certain information; (5) a peace officer who is charging a person, including a child, with
committing an offense that is a violent misdemeanor and that is punishable by fine only may,
instead of taking the person before a magistrate, issue to the person a citation that contains
certain information; (6) any peace officer may arrest without warrant a per son found committing
a violation of the rules of the road, except that the officer may not arrest a person found
committing only one or more misdemeanors, other than a violent misdemeanor, unless the
officer has probable cause as described in (3), above; and (7) unless an officer is authorized to
arrest a person as described under (6), above, the officer shall issue a written notice to appear if
the offense is a misdemeanor under the rules of the road and the person makes a written
promise to appear in court.
H.B. 2622 (Holland) – Federal Firearms Regulation: would: (1) prohibit a political subdivision
of this state, and a law enforcement officer or other person employed by a political subdivision,
from contracting with or providing assistance to a federal agency or official with respect to the
enforcement of a federal statute, order, rule, or regulation purporting to regulate a firearm, a
firearm accessory, or firearm ammunition if the statute, order, rule, or regulation imposes a
prohibition, restriction, or other regulation, such as a capacity or size limitation or a registration
requirement, that does not exist under Texas law; (2) provide that the prohibition in (1) doesn’t
apply to a federal statute, order, rule or regulation in effect on January 19, 20 21; and (3) provide
that a violation of the prohibition in (1) may be enforced: (a) by denying state grant funds to the
city; and (b) through court action by the attorney general.
H.B. 2650 (Jarvis Johnson) - Children in Custody: would provide, among other things, that a
law enforcement shall: (1) adopt a written policy regarding the safe placement of a child who is
in the custody of a person that is arrested; and (2) enter into an agreement with the Department
of Family and Protective Services (Department) that provides a procedure to release a child to
the care of the Department.
H.B. 2655 (Crockett) – Reporting Peace Officer Misconduct: would provide that: (1) the
Department of Public Safety (DPS) shall: (a) adopt a form for the reporting of allegation s of
misconduct concerning a peace officer employed by a law enforcement agency that includes the
nature of the allegation, the results of the agency’s investigation of the allegation, and any
disciplinary action taken by the agency as a result of the alle gation; (b) establish a database for
41
information concerning reports received under (1)(a), above; and (c) make the database
accessible to law enforcement agencies; and (2) each law enforcement agency shall promptly
report to DPS, for inclusion in the database established in (1), above, each allegation of
misconduct concerning a peace officer employed by the agency.
H.B. 2669 (Guillen) - Criminal Record of a Child: would provide that all records, files, and
information stored by electronic means or otherwise , from which a record or file could be
generated, relating to a criminal case for a fine -only misdemeanor other than a traffic offense,
that is committed by a child and that is appealed are confidential and may not be disclosed to
the public, except under limited circumstances.
H.B. 2695 (Noble) – 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, red uces: (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 gover nment’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 pr ice 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. provide that a defunding city may not increase the combined revenues of the city’s general fund,
enterprise funds, and special revenue funds for a fiscal year above the combined revenues of
the same funds for the immediately preceding fiscal year;
6. provide that the limitation in Number 5, above, does not apply to revenues used to repay voter-
approved bonded indebtedness, excluding certificates of obligation;
7. require the chief fiscal officer of a defunding city to, before the city council may adopt a budget
for a fiscal year, verify in writing that the budget complies with Number 5, above ;
8. provide that if a defunding city adopts a budget that exceeds the combined revenues allowed
under Number 5, above, a taxpayer of the defunding city may bring a lawsuit against the budget
or the property tax rate adopted for the same fiscal year; and
9. provide that a city is no longer considered to be a defunding city for purposes of this section
when the criminal justice division of the governor’s office issues a written determination finding
that the city has reversed the reductions described in Number 1(a ).
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H.B. 2733 (Tinderholt) – Alcohol Monitoring Devices: would provide, among other things,
that: (1) a peace officer shall make a report to the Department of Public Safety if the peace
officer has reasonable cause to believe that a person has violated: (a) a condition of bond, a
condition of community supervision, a condition of holding an occupational driver’s license, or a
court order issued restricting the person to the operation of a motor vehicle equipped with an
ignition interlock device; or (b) a condition of bond or a condition of community supervision
requiring the person to submit to alcohol monitoring through the use of an alcohol monitoring
device other than an ignition interlock device; and (2) a magistrate may require as a condition of
release on bond that the defendant submit to alcohol monitoring through the use of an alcohol
monitoring device other than an ignition interlock device, for a defendant charged with certain
intoxication offenses.
H.B. 2798 (Wilson) – Refusal to Consent: would repeal the requirement that a peace officer
take possession of a person's driver's license following the person's failure to pass or refusal to
consent to a test for intoxication.
H.B. 2844 (Goodwin) – TCOLE License: would, among other things:
1. provide that, if a person licensed by the Texas Commission on Law Enforcement (TCOLE)
retires or resigns, the police chief or the police chief’s designee must include in the explanation
of the circumstances under which a person resigned or retired that is provided to TC OLE,
information regarding any pending investigation known to internal affairs, supervisors, or
management that was not completed due to the officer’s resignation or retirement;
2. amend the definition of the term “dishonorably discharged” to include a licen se holder who was
terminated by a law enforcement agency or retired or resigned in lieu of termination by the
agency in relation to the following conduct: (a) lack of competence in performing the license
holder’s duties as an officer; (b) illegal drug use or an addiction that substantially impairs the
license holder’s ability to perform the license holder’s duties as an officer; (c) lack of truthfulness
in court proceedings or other governmental operations, including: (i) making a false statement in
an offense report or other report as part of an investigation; (ii) making a false statement to
obtain employment as an officer; (iii) making a false entry in court records or tampering with
evidence, regardless of whether the license holder is prosecuted or conv icted for the false entry
or tampering; or (iv) engaging in conduct designed to impair the results or procedure of an
examination or testing process associated with obtaining employment as an officer or a
promotion to a higher rank; (d) failure to follow t he lawful directives of a supervising officer or to
follow the policies of the employing law enforcement agency; (e) discriminatory conduct,
including engaging in a course of conduct or a single egregious act, based on the race, color,
religion, sex, pregnancy, national origin, age, disability, or sexual orientation of another that
would cause a reasonable person to believe that the license holder is unable to perform the
license holder’s duties as an officer in a fair manner; or (f) conduct indicating a pa ttern of: (i)
excessive use of force; (ii) abuse of official capacity; (iii) inappropriate relationships with persons
in the custody of the license holder; (iv) sexual harassment or sexual misconduct while
performing the license holder’s duties as an officer; or (v) misuse of information obtained as a
result of the license holder’s employment as an officer and related to the enforcement of
criminal offenses;
3. eliminate the provision that provides that a peace officer or a reserve law enforcement officer
must have previously been dishonorably discharged from another law enforcement agency
before the Texas Commission on Law Enforcement (TCOLE) may suspend the license of the
officer upon notification that the officer has been dishonorably discharged; and
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4. provide that TCOLE by rule shall establish grounds under which TCOLE shall suspend or
revoke an officer license on a determination by the commission that the license holder’s
continued performance of duties as an officer constitutes a threat to the public welfa re, and such
grounds must include the conduct described in (2), above.
H.B. 2852 (Wu) – Toxicological Evidence: would provide, among other things, that: (1) a
governmental or public entity or an individual, including a law enforcement agency, prosecutor's
office, or crime laboratory, that is charged with the collection, storage, preservation, analysis, or
retrieval of toxicological evidence shall ensure that toxicological evidence collected pursuant to
an investigation or prosecution of intoxication and alc oholic beverage offenses is retained and
preserved for the greater of two years or the period of the statute of limitations for the offense if
the indictment or information charging the defendant has been dismissed without prejudice; (2)
a person from whom toxicology evidence was collected shall be notified of the periods for which
evidence may be retained and preserved, and the notice must be given by: (a) an entity or
individual described by (1), above, that collects the evidence, if the entity or individ ual collected
the evidence directly from the person or collected it from a third party; or (b) the court, if the
records of the court do not show that the person was not given the notice described by (2)(a),
above, and the toxicological evidence is subject to the certain retention periods; (3) before
requesting a person to submit to the taking of a specimen, the officer shall, among other things,
inform the person orally and in writing that: (a) if the person submits to the taking of a blood
specimen, the specimen will be retained and preserved in accordance with (1), above; and (4) if
a person consents to the request of an officer to submit to the taking of a specimen, the officer
shall request the person to sign a statement that: (a) the officer requested that the person
submit to the taking of a specimen; (b) the person was informed of the consequences of not
submitting to the taking of a specimen; and (c) the person voluntarily consented to the taking of
a specimen.
H.B. 2878 (Goodwin) – Extreme Risk Protective Orders: would, among other things: (1)
provide that, in certain circumstances, courts may issue an extreme risk protective order against
a person exhibiting dangerous behavior or conduct, including any behavior or conduct related to
the person’s use of firearms, requiring the person to relinquish his or her firearms; (2) require
local law enforcement agencies to: (a) take possession of a person’s firearms when a court
issues an extreme risk protective order against that person and to immediately prov ide the
person a written copy of the receipt for the firearm and written notice of the procedure for return
of the firearm; (b) if applicable, notify the court that issued the extreme risk protective order that
the person who is the subject of the order ha s relinquished the firearm not later than seven days
after the law enforcement agency receives the firearm; (c) conduct a check of state and national
criminal history record information to verify whether the person may lawfully possess a firearm
not later than 30 days after receiving notice from the court that the extreme risk protective order
has expired; (d) if the check described in (c) verifies that the person may lawfully possess a
firearm, provide written notice to the person by certified mail stating that the firearm may be
returned to the person if the person submits a written request before the 121st day after the
date of the notice; (3) provide that a local law enforcement agency in possession of a firearm
relinquished because of an extreme risk protective order may not destroy the firearm but may
sell the firearm to a licensed firearms dealer if the check in (2)(c) shows that the person may not
lawfully possess a firearm or the person does not submit a written request as required by (2)(d);
and (4) provide that the proceeds from the sale of a firearm in (3) shall be paid to the owner of
the seized firearm, less the cost of administering this article with respect to the firearm.
H.B. 2895 (Romero) – Family Violence: would provide that: (1) the Texas Commission on Law
Enforcement (TCOLE) shall develop and make available to all law enforcement agencies in this
44
state a model policy establishing procedures applicable to a peace officer who responds to a
report of an offense involving family violence that was committed in the physical presence or
within the hearing of a child younger than 18 years of age; (2) the model policy described in (1),
above, must require the responding peace officer to: (a) document the child’s exposure to the
family violence; (b) speak to the child at eye level and explain in an age -appropriate manner the
applicable procedures for investigating the offense; (c) validate the child’s emotional response
to the situation; (d) assist in comforting the child; (e) provide information to t he child’s parent or
other appropriate caregiver regarding: (i) services available to support the child; and (ii) the
negative impacts of family violence on a child; and (3) identify and document any other children
in the family or household; and (3) each law enforcement agency in this state shall adopt the
model policy described in (1) and (2), above, regarding peace officer response to reports of
certain offenses involving family violence.
H.B. 2900 (Hefner) – Firearms: would, among other things, allow for the legal carrying of a
handgun, either concealed or openly in a holster, without a license by someone who is not
otherwise prohibited from possessing the handgun under state or federal law.
H.B. 2911 (White) – Next Generation 9-1-1 Service: would provide that: (1) before September
1, 2025, all parts of the state must be covered by Next Generation 9 -1-1 service; (2) the
Commission on State Emergency Communications shall: (a) provide for the implementation and
provision of next generation 9 -1-1 service; and (b) shall impose a monthly 9-1-1 emergency
service fee in the amount of either $0.75, $1.00, or $1.25 on each wireless telecommunications
connection that has a place of primary use within the geographic area in which a regional
planning commission provides 9-1-1 service, including in an area served by an emergency
communication district participating in the state system; (3) an emergency communication
district not participating in the state system shall impose a monthly 9 -1-1 emergency service fee
in an amount equal to either $0.75, $1.00 or $1.25 on each wireless telecommunications
connection that has a place of primary use within the district’s jurisdiction; (4) a political
subdivision may not impose a fee other than a fee described by (2) or (3) on a w ireless service
provider or subscriber for 9 -1-1 service; (5) for a wireless telecommunications connection
subject to a 9-1-1 emergency service fee under (3), above, a wireless service provider shall
collect the fee for each wireless telecommunications con nection from its subscribers and pay
the money collected to the comptroller not later than the 30th day after the last day of the month
during which the fees were collected, but the wireless service provider may retain an
administrative fee of two percent of the amount of fees collected; (6) not later than the 15th day
after the end of the month in which the money is collected, the Commission shall distribute to
each emergency communication district that does not participate in the state system the total
amount of money remitted to the comptroller under (5), above, for wireless telecommunications
connections within the geographic jurisdiction of that emergency communication district; (7) the
following actions are required prior to the Commission or an emerge ncy communication district
imposing the 9-1-1 emergency service fee on each wireless telecommunications connection in
their respective geographic jurisdiction: (a) the commission or the emergency communication
district must consider and adopt at an open meeting a plan for implementation and provision of
Next Generation 9-1-1 service and the imposition of the 9 -1-1 emergency service fee on each
wireless telecommunications connection; and (b) any individual plan for implementation and
provision of Next Generation 9-1-1 service adopted by the Commission or an emergency
communication district shall be reviewed periodically to confirm that the plan continues to meet
increased consumer expectation for 9 -1-1 service from modern communications technologies;
(8) not later than the 15th day after the last day of the month in which the prepaid wireless 9 -1-1
emergency services fee is collected, the Commission shall distribute to each emergency
45
communication district that does not participate in the applicable regional p lan a portion of the
total money collected in the same proportion that the population of the area served by the
district bears to the population of the state; (9) the comptroller shall provide to each of the
emergency communication districts a monthly repo rt that outlines the money collected and
remitted to the comptroller by the wireless service provider from each wireless
telecommunications connection within the geographic jurisdiction of these emergency
communication districts; and (10) repeal the provis ion: (a) that provides that on receipt of an
invoice from a wireless service provider for reasonable expenses for network facilities, including
equipment, installation, maintenance, and associated implementation costs, the Commission or
an emergency services district of a home-rule city or an emergency communication district
created under state law shall reimburse the wireless service provider in accordance with state
law for all expenses related to 9 -1-1 service; and (b) funds collected under the equalizat ion
surcharge are not precluded from being used to cover costs under (10)(a), above, as necessary
and appropriate, including for rural areas that may need additional funds for wireless 9 -1-1.
H.B. 2922 (Buckley) – Alert System for Adolescents in Danger: would provide, among other
things, that: (1) the Department of Public Safety shall develop and implement a system to allow
a statewide alert to be activated on behalf of an individual 16 years of age or younger who is
reported or suspected to be with a registered sex offender (an adolescent in danger); (2) A local
law enforcement agency may notify DPS regarding an adolescent in danger if: (a) the local law
enforcement agency believes that an adolescent is in danger and circumstances indicate that:
(i) the adolescent is younger than 16 years of age; (ii) the adolescent is reported or suspected to
be with a registered sex offender other than the adolescent’s parent or guardian; and (iii)
regardless of whether the adolescent departed willingly with the other per son, the adolescent
has been taken from the care and custody of the adolescent’s parent or legal guardian without
the permission of the parent or guardian or, if the parent or guardian is a registered sex
offender, with or without the parent’s or guardian’s permission; (b) the local law enforcement
agency believes that the adolescent is in immediate danger of suffering bodily injury or
becoming the victim of certain offenses; and (c) sufficient information is available to disseminate
to the public that could assist in locating the adolescent in danger, a registered sex offender
suspected of being with the adolescent in danger, or a vehicle suspected of being used by the
registered sex offender or the adolescent in danger; (3) in determining whether to notify DPS,
the local law enforcement agency shall consider all factors relevant to the safety of the
adolescent in danger, including: (a) whether the registered sex offender has previously
committed criminal acts of violence; and (b) whether the registered sex offender is more than
three years older than the adolescent in danger; (4) when a local law enforcement agency
notifies DPS as described in (2), above, DPS shall confirm the accuracy of the information and,
if confirmed, immediately issue an alert; and (4) a local law enforcement agency that locates an
adolescent in danger who is the subject of an alert shall notify DPS as soon as possible that the
adolescent in danger has been located.
H.B. 3017 (Wu) – Swatting: would provide, among other things, that: (1) a person commits an
offense if the person reports a crime or an emergency to a law enforcement officer, law
enforcement agency, 9-1-1 service, official or volunteer agency, or any other governmental
employee or contractor who is authorized to receive reports of a crime or emergency and: (a)
the person knows that the report is false; (b) the report is reasonably likely to cause an
emergency response from a law enforcement agency or other emergency responder; and (c)
the person makes the report or causes the report to be made with reckless disregard about
whether the emergency response by a law enforcement agency or other emergency responder
may directly result in bodily harm to any individual; (2) an offense described in (1), above, is a
46
Class A misdemeanor, except that: (a) the offense is a state jail felony if it is shown on the trial
of the offense that the defendant has been previously convicted on two or more occasions of an
offense under this section; or (b) the offense is a felony of the third degree if the false report
results in an emergency response to a reported crime and a person is killed or suffers serious
bodily injury as a proximate result of lawful conduct arising out of that response; and (3) a court
may order a defendant convicted of an of fense to make restitution to a public agency for the
reasonable costs of the emergency response by that public agency resulting from the false
report. (Companion is S.B. 1056 by Huffman.)
H.B. 3021 (Burns) – 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 num ber 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. provide that the comptroller may not, before July 1 of each state fiscal year, send to a defunding
city its share of city sales and use taxes collected by the comptroller during the state fiscal year;
6. provide that before sending the defunding city its share of sales and use taxes, the comptroller
shall deduct the amount reported to the comptroller for the defunding city under Number 7,
below, and credit that deducted amount to the general revenue fund, which must be
appropriated only to the Department of Public Safety;
7. provide that not later than August 1 of each state fiscal year, the criminal justice division of the
governor’s office shall report to the comptroller for ea ch defunding city the amount of money the
state spent in that state fiscal year to provide law enforcement services in the defunding city;
and
8. provide that a city is no longer considered to be a defunding city for purposes of this section
when the criminal justice division of the governor’s office issues a written determination finding
that the city has reversed the reductions described in Number 1(a).
H.B. 3026 (Canales) – Dedicated Autonomous Vehicles: would: (1) define "dedicated
autonomous vehicle" as an automated motor vehicle that is incapable of operation by a human
47
operator present in the vehicle; and (2) provide an exemption for certain required vehicle
equipment and inspection screenings.
H.B. 3087 (Smith) – Public Urination and Defecation: would provide that a person commits a
Class B misdemeanor if the person intentionally or knowingly urinates or defecates in a public
place, other than a public restroom.
H.B. 3123 (J. Turner) – Precious Metal Dealers: would amend regulations related to crafted
precious metal dealers, and provide that after an enforcement order against a dealer becomes
final, the consumer credit commissioner shall provide notice of the order to the chief of police of
the city in which the violation occurred or sheriff of the county in which the violation occurred, if
the violation did not occur in a city. (Companion bill is S.B. 1132 by Johnson.)
H.B. 3136 (Beckley) – Alcohol Sales: would authorize a commissioners court of a county and
the governing body of a municipality, to order a local option election in the county, justice
precinct, or within the municipality, as the case may be, to determine whether the sale of
alcoholic beverages of one or more of the various types and al coholic contents shall be
prohibited or legalized within that jurisdiction.
H.B. 3151 (Leman) – Law Enforcement Funding:
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 off icer 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 wh ich 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 lo cal
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 det ermination finding that the local
government has reversed the inflation -adjusted reductions described in Number 1(a), above;
and
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.
H.B. 3248 (J. González) – Cannabis: would, among other things: (1) authorize the cultivation,
manufacture, processing, distribution, sale, testing, transportation, delivery, transfer,
possession, use, and taxation of cannabis and cannabis products; (2) provide that a person may
prohibit or restrict the possession, consumption, cultivation, distribution, processing, sale, or
display of cannabis or cannabis products on property the person owns, occupies, or manages;
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(3) establish a cannabis sales tax at the rate of 10 percent of the sales p rice of cannabis or a
cannabis product; (4) create a cannabis establishment regulation and oversight local share
account that consists of 20 percent of the cannabis sales tax in (3); (5) provide that money in
the cannabis establishment regulation and overs ight local share account may be used by the
comptroller only to make a cannabis establishment regulation assistance payment to a
qualifying local government, which is a municipality or county in which at least one cannabis
establishment is located during a ny portion of the applicable fiscal year; (6) provide that to serve
the state purpose of ensuring that local governments in which cannabis establishments are
located may effectively participate in the regulation and oversight of those establishments, a
qualifying local government is entitled to a cannabis establishment regulation assistance
payment from the state equal to the cost incurred by the local government to enforce regulations
under the bill for each fiscal year that the local government is a qualifying local government; (7)
provide that a license holder to operate as a cannabis grower, cannabis establishment,
cannabis secure transporter, or cannabis testing facility may not operate in a county or
municipality without an order or ordinance adopted b y the county or municipality, as applicable,
authorizing the operation of cannabis growers, cannabis establishments, cannabis secure
transporters, or cannabis testing facilities in the county or municipality; (8) provide that a county
or municipality that authorizes the operation of cannabis growers, cannabis establishments, or
cannabis testing facilities in the county or municipality may adopt regulations consistent with the
bill governing the hours of operation, location, manner of conducting business, an d number of
cannabis growers, cannabis establishments, cannabis secure transporters, or cannabis testing
facilities; (9) provide that a health authority may, on presenting appropriate credentials to the
license holder or employee of the cannabis establishm ent: (a) enter at reasonable times the
premises of a cannabis establishment; (b) enter a vehicle being used to transport cannabis; or
(c) inspect at reasonable times, within reasonable limits, and in a reasonable manner, the
establishment or vehicle and all equipment, finished and unfinished materials, containers, and
labeling of any item; (10) provide that a county, municipality, or health authority, as applicable,
shall maintain a record of any complaints made regarding the operations of a cannabis
establishment and investigate a complaint or refer the complaint to the Texas Department of
Licensing and Regulation, as appropriate; (11) require a license to operate as a cannabis
grower, cannabis establishment, cannabis secure transporter, or cannabis testing facility; and
(12) create a criminal offense.
H.B. 3251 (E. Thompson) – Unmanned Aircraft: would: (1) define the terms “capture” and
“surveillance” for purposes of certain state law related to unmanned aircraft; (2) limit the
circumstances under which law enforcement may capture an image using an unmanned aircraft;
and (3) expand certain law enforcement reporting requirements regarding the use or operation
of an unmanned aircraft.
S.B. 709 (Hall) – Texas Commission on Fire Protection Sunset: would: (1) provide that the
Texas Commission on Fire Protection (Commission) is continued until 2033; (2) provide that
advisory members appointed by the Commission shall serve six -year staggered terms but may
not be appointed to consecutive terms; (3) eliminate the pr ovision that provides that, in adopting
or amending a rule under the Commission’s authority or any other law, the Commission shall
seek the input of the fire fighter advisory committee, and that the Commission shall permit the
advisory committee to review and comment on any proposed rule, including a proposed
amendment to a rule, before the rule is adopted; (4) provide that a certificate issued or renewed
by the Commission is valid for one or two years as determined by Commission rule; and (5)
provide that the Commission may: (a) waive any prerequisite to obtaining a certificate for an
applicant who holds a license or certificate issued by another jurisdiction: (i) that has licensing or
49
certification requirements substantially equivalent to those of Texas; or (ii) with which Texas has
a reciprocity agreement; and (b) make an agreement with another state to allow for certification
by reciprocity.
S.B. 710 (Hall) – Commission on Jail Standards: would continue the functions of the
Commission on Jail Standards and, among other things, repeal the requirement that the chief
jailer of each municipal lockup submit to the commission an annual report of persons under 17
years of age securely detained in the lockup.
S.B. 912 (Buckingham) – Rioting: would provide that: (1) the penalty for an offense of rioting
is enhanced to a state jail felony if it is shown on the trial of the offense that the actor, while
participating in the riot, knowingly committed or attempted to certain assault offenses against a
person the actor knew was a first responder while the person was performing a duty as a first
responder; and (2) a court shall order a defendant convicted of an offense of rioting to make
restitution for any damage to or loss or destruction of property by reimbursing the owner of the
property for the cost of restoring or replacing the property.
S.B. 913 (Buckingham) – Law Enforcement Funding: would: (1) prohibit a city from receiving
a grant awarded by the criminal justice division of the governor’s office if the divisio n determines
that: (a) the city has adopted a budget for a fiscal year for the city police department that, in
comparison to the preceding fiscal year, reduces the budget of the department by five percent
or more and the reduction is not due to a similar decrease in the amount of tax revenue
collected by the city; and (b) the reduction will have a significant, adverse effect on public safety
within the city; (2) require a city that is receiving money under a grant awarded by the criminal
justice division of the governor’s office to notify the division of any reduction described in (1)(a),
above, not later than the 15th day after the date the reduction takes effect; (3) provide that, at
the request of the criminal justice division, the city must provide a des cription of the reduction
and any anticipated effects on public safety; (4) require the governor’s criminal justice division to
require a city applying for a grant to: (a) disclose whether the most recent budget of the city
constitutes a reduction under (1 )(a), above; and (b) provide a description of the reduction and
any anticipated effects on public safety.
S.B. 932 (Creighton) – Border Operations Training Program: would, among other things,
provide that: (1) the Department of Public Safety (DPS), in coor dination with local law
enforcement agencies, shall establish and administer a border operations training program for
peace officers employed by local law enforcement agencies that will prepare the officers to: (a)
collaborate and cooperate with and assist any law enforcement agency in the interdiction,
investigation, and prosecution of criminal activity in the Texas -Mexico border region; and (b)
collaborate and cooperate with and assist district attorneys, county attorneys, the border
prosecution unit, and other prosecutors in the investigation and prosecution of allegations of
criminal activity in the Texas-Mexico border region.
S.B. 949 (Hinojosa) – Asset Forfeiture: would provide, among other things, that: (1) property
that is contraband is not subject to seizure and forfeiture if: (a) the property is not otherwise
unlawful to possess; and (b) the admissibility of the property as evidence would be prohibited in
the prosecution of the underlying offense because it was obtained in violation of state or fed eral
law or the Texas Constitution or United States Constitution; and (2) in all forfeiture cases the
state has the burden of proving by clear and convincing evidence that property is subject to
seizure.
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S.B. 950 (Hinojosa) – Cite and Release: would, with respect to issuing citations in lieu of
arrest for misdemeanor offenses, provide that: (1) the Texas Southern University, in
consultation with other law enforcement organizations, shall publish a model policy related to
the issuance of citations for misde meanor offenses, including traffic offenses, that are
punishable by fine only, that includes the procedure for a peace officer, upon a person’s
presentation of appropriate identification, to verify the person’s identity and issue a citation to
the person; (2) each law enforcement agency shall adopt a written policy regarding the issuance
of citations for misdemeanor offenses, including traffic offenses, that are punishable by fine
only, provided that such policy meets the requirements of the model policy de scribed in (1),
above; (3) a law enforcement agency may adopt the model policy developed under (1), above;
(4) with the exception of certain assault offenses and for the offense of public intoxication, a
peace officer or any other person may not, without a warrant, arrest an offender for a
misdemeanor punishable by fine only or arrest a person who commits one or more offenses
punishable by fine only; (5) a peace officer who is charging a person, including a child, with
committing an offense that is a misdemeanor punishable by fine only, other than an offense of
public intoxication, shall, instead of taking the person before a magistrate, issue a citation to the
person; (6) a peace officer who is charging a person, including a child, with committing certain
assault offenses that are a misdemeanor, punishable by fine only, may, instead of taking the
person before a magistrate, issue a citation to the person; and, (7) a peace officer may not
arrest, without warrant, a person found only committing one or more mis demeanors related to
certain traffic offenses that are punishable by fine only, and in such instances shall issue a
writing notice to appear to the person. (Companion bill is H.B. 830 by S. Thomas.)
S.B. 958 (Zaffirini) – Active Shooter Alert System: would require the Texas Department of
Public Safety to establish the Texas Active Shooter Alert System and allow local law
enforcement agencies to request activation of the system when certain criteria are met.
(Companion bill is H.B. 103 by Landgraf.)
S.B. 964 (Zaffirini) – 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. (Companion bill is H.B. 2106 by Perez.)
S.B 988 (Hinojosa) – TCOLE Standards of Conduct: would provide that:
1. the chief administrator of a law enforcement agency shall report to the Texas Commission on
Law Enforcement (TCOLE) each allegation that a person licensed by TCOLE and employed by
the agency engaged in any improper or unlawful acts, including: (a) being co nvicted of, placed
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on deferred adjudication for, or entering a plea of guilty or nolo contendere to any offense other
than a misdemeanor punishable by fine only; (b) engaging in conduct that would constitute any
offense other than a misdemeanor punishable by fine only; (c) falsifying a police report or
evidence in a criminal investigation; (d) destroying evidence in a criminal investigation; (e) using
excessive force on multiple occasions; (f) accepting a bribe; (g) engaging in fraud; (h) unlawfully
using a controlled substance; (i) engaging in an act for which the officer is liable under Section
1983; (j) committing perjury; (k) making, submitting, or filing, or causing to be submitted or filed,
a false report to the TCOLE; (k) misusing an official position or misappropriating property; (l)
engaging in an unprofessional relationship with an individual arrested or detained, or in the
custody of a correctional facility; (m) committing sexual harassment involving physical contact;
or (n) misusing criminal history record information;
2. the report required under (1), above, must be in writing in a form prescribed by TCOLE and
submitted not later than the 15th day after the date the law enforcement agency is made aware
of the allegation;
3. the chief administrator of the law enforcement agency shall update any report submitted under
(1), above, after the agency ’s investigation into the allegation is concluded, and the updated
report must include any disciplinary action taken against the license holder, including wheth er
the license holder was terminated or if the license holder resigned, retired, or separated in lieu
of termination;
4. on a finding by TCOLE that the chief administrator of a law enforcement agency intentionally
failed to submit a report required under (1), above, TCOLE shall begin disciplinary proceedings
against the chief administrator;
5. TCOLE shall establish an electronic database for information concerning license holder
misconduct to provide for the collection and analysis of information by the TCOLE, an d shall: (a)
allow law enforcement agencies to electronically access the database for purposes of obtaining
information related to the following concerning a license holder: (i) hiring; (ii) disciplinary actions;
(iii) resignations or terminations; and (iv) certification and training; (b) adopt policies and
procedures under which specified personnel of a law enforcement agency may access the
database for a purpose described by (5)(a), including establishing qualifications for access; and
(c) distribute the policies and procedures adopted (5)(b) to law enforcement agencies;
6. TCOLE shall include in the database described in (5), above, the reports submitted to TCOLE
under (1), above;
7. TCOLE shall prescribe and make available to law enforcement agencies a form to be used for
submitting a report of an allegation of misconduct to the database described in (5), above, and
the form must require the law enforcement agency to report: (a) the license holder’s: (i) date of
hire; (ii) position; and (iii) identifying characteristics; and (b) detailed information concerning the
nature of the misconduct and the disposition of the allegation;
8. a law enforcement agency, agency head, or other law enforcement official is not liable for civil
damages for submitting a report to the database if the report is made in good faith;
9. any allegation of misconduct reported to the database is not considered final until all applicable
appeals have been exhausted or waived by the license holder named in the allegation;
10. information maintained in the database is confidential and not subject to disclosure under the
Texas Public Information Act;
11. TCOLE, by rule, shall prescribe standards of conduct for peace officers, reserve law
enforcement officers, county jailers, and school marshals, and such stand ards must establish
best practices with respect to the following as appropriate for the type of license: (a)
professionalism; (b) sexual harassment; (c) sexual assault; (d) domestic violence; (e) any
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criminal offense against a minor; (f) the use of alcohol or controlled substances; (g) the use of
force; (h) the use of tactical teams; (i) the use of invasive surveillance techniques; (j) the use of
brief, noninvasive stops of persons suspected of committing an offense; (k) arrests; (l) the
issuance of citations in lieu of arrest for misdemeanor offenses punishable by fine only; (m) the
release of recordings taken by body worn cameras; and (n) conduct of interrogations of persons
suspected of committing an offense;
12. before a law enforcement agency may hire a person licensed by TCOLE, the agency head or
the agency head’s designee must, among other things, review any information regarding the
person that is maintained in the database under (5), above and submit to TCOLE, on the form
prescribed by TCOLE confirmation that the agency reviewed the information in the database;
and
13. each law enforcement agency shall adopt the standards of conduct for peace officers or county
jailers, as applicable, developed by TCOLE under (11), above, and a law enforcement agency
may tailor the contents of the applicable standards as necessary based on the agency’s size,
jurisdiction, and resources.
S.B. 1013 (Buckingham) – 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. (Companion Bill is H.B. 2232 by Bucy.)
S.B. 1025 (Birdwell) – Emergency Declarations: would provide that: (1) during a declared
state of disaster that exists in at least two -fifths of the counties, affects at least half of the
population according to the most recent federal decennial census, or affects at least two -thirds
of the counties in three or more trauma service areas as designated by the appropriate state
agency, only the legislature has the authority to: (a) suspend a provision in the Code of Criminal
Procedure, Election Code, or Penal Code to appropriately respond to the disaster; (b) restrict or
impair the operation or occupancy of businesses or places of worship in this state by ca tegory
or region to appropriately respond to the disaster; or (c) renew or extend the governor’s state of
disaster declaration; (2) the governor by proclamation shall convene the legislature in special
session to respond to a declared state of disaster if the governor finds that the authority of the
legislature described in (1), above, should be exercised and the legislature is not convened in
regular or special session; (3) if the governor finds that a state of disaster described by (1),
above, requires renewal and the legislature is not convened in regular or special session, the
governor by proclamation shall convene the legislature in special session to renew, extend, or
otherwise respond to the state of disaster; (4) the governor may not declare a new s tate of
disaster based on the same or a substantially similar finding as a prior state of disaster that is
subject to (1), above, that was terminated or not renewed by the legislature. (See S.J.R. 45,
below.)
S.B. 1036 (Huffman) – Civil Remedies: would provide, among other things, that: (1) if a law
enforcement agency has reason to believe an activity related to prostitution or violation of
massage therapy or massage services’ licensing requirements has occurred at property leased
to a person operating a massage establishment, the law enforcement agency may provide
written notice by certified mail to each person maintaining the property of the alleged activity; (2)
a person or enterprise commits racketeering if, for financial gain, the person or enterprise
53
commits an offense related to trafficking of persons; and (3) a sex offender who is placed under
community supervision may not go in, on, or within 1,000 feet of certain child-care facilities that
operate as residential treatment centers. (Companion bill is H.B. 1540 by S. Thompson.)
S.B. 1047 (Seliger) – Intoxication Offenses: would provide that a search warrant issued to
collect a blood specimen from a person suspected of committing certain intoxication offense
may be executed: (1) in any county adjacent to the county in which the warrant was issued; and
(2) by any law enforcement officer authorized to make an arrest in the county of execution.
(Companion bill is H.B. 1893 by Smithee.)
S.B. 1056 (Huffman) – Swatting: would provide, among other things, that: (1) a person
commits an offense if the person reports a crime or an emergency or causes any report of a
crime or an emergency to be made to a law enforcement officer, law enforcement agency, 9 -1-1
service, official or volunteer agency, or any other g overnmental employee or contractor who is
authorized to receive reports of a crime or emergency and: (a) the person knows that the report
is false; (b) the report is reasonably likely to cause an emergency response from a law
enforcement agency or other emergency responder; and (c) the person makes the report or
causes the report to be made with reckless disregard about whether the emergency response
by a law enforcement agency or other emergency responder may directly result in bodily harm
to any individual; (2) an offense described in (1), above, is a Class A misdemeanor, except that:
(a) the offense is a state jail felony if it is shown on the trial of the offense that the defendant has
been previously convicted on two or more occasions of an offense unde r this section; or (b) the
offense is a felony of the third degree if the false report results in an emergency response to a
reported crime and a person is killed or suffers serious bodily injury as a proximate result of
lawful conduct arising out of that response; and (3) a court may order a defendant convicted of
an offense to make restitution to a public agency for the reasonable costs of the emergency
response by that public agency resulting from the false report. (Companion bill is H.B.
3017 by Wu.)
S.B. 1067 (Blanco) – Alcoholic Beverages: would provide that the prohibition on the
consumption of alcoholic beverages in a public place during certain hours applies to all public
places, regardless of whether it is a licensed or permitted premises. (Companion bill is H.B.
170 by Ortega.)
S.B. 1125 (Perry) – Controlled Substance Disposition: would provide, among other things,
that certain controlled substance property or plants subject to summary destruction by a law
enforcement agency or ordered destroyed b y a court may be disposed of in the following
manner: (1) a law enforcement agency may transfer the controlled substance property or plants
to a crime laboratory to be used for the purposes of laboratory research, testing results
validation, and training of analysts; and (2) the crime laboratory to which the controlled
substance property or plants are transferred under (1)(b), above, shall destroy or otherwise
properly dispose of any unused quantities of the controlled substance property or plants.
S.B. 1132 (Johnson) – Precious Metal Dealers: would amend regulations related to crafted
precious metal dealers, and provide that after an enforcement order against a dealer becomes
final, the consumer credit commissioner shall provide notice of the order to the c hief of police of
the city in which the violation occurred or sheriff of the county in which the violation occurred, if
the violation did not occur in a city. (Companion bill is H.B. 3123 by J. Turner.)
54
S.B. 1175 (Johnson) – Marihuana: would, among other things: (1) reduce the criminal
penalties for certain drug offense; (2) provide that records of a person charged with certain drug
offenses relating to a complaint may be expunged in certain circumstances; (3) require a court
that dismisses a complaint to which (2) applies to provide written notice to the person of the
person’s right to expunction under the bill as soon as practicable after the date the person
becomes eligible for expunction; and (4) provide the justice or municipal judge shall require a
person who requests expungement under the bill to pay a fee in the amount of $30 to defray the
cost of notifying state agencies of orders of expungement.
SALES TAX
H.B. 2625 (Noble) – Sales Tax Exemption: would exempt the furnishing of an academic
transcript from sales taxes. (Companion bill is S.B. 478 by Nelson.)
H.B. 2626 (Noble) – Imposition of Use Tax: would provide that state and local use taxes are
imposed on the sales price paid by the purchaser of tangible personal property that is shipped
or brought into the state by an affiliate of the producer.
H.B. 3189 (Jetton) – Sales Tax Exemption: would exempt certain school supplies purchased
by a teacher from sales and use taxes.
H.B. 3195 (Meza) – Sales Tax Exemption: would exempt taxable items used to assist persons
with intellectual, developmental, or cognitive disabilities from the sales and use tax.
S.B. 934 (Creighton) – Sales Tax Exemption: would exempt firearms and hunting supplies
from sales taxes during the last full weekend in August.
S.B. 1038 (Schwertner) – Place of Business of a Retailer: would: (1) modify the definition of
“place of business of the retailer” for city sales tax sourcing purposes to mean an established
outlet, office, or location operated by the retailer or the retailer’s agen t or employee for the
purpose of receiving orders for taxable items and including any location at which three or more
orders are received by the retailer during a calendar year and at which at least four primary
selling activities occur; and (2) define “primary selling activity” as: (a) any of the following
actions, if performed by a retailer or the agent of a retailer: (i) exercising discretion and
independent authority to solicit customers on behalf of the retailer and to bind the retailer to a
sale; (ii) taking an action that binds the retailer to a sale, including accepting a purchase order or
submitting an offer to a buyer that is subject to the buyer’s unilateral acceptance; (iii) receiving a
payment or issuing an invoice; (iv) engaging in marketing an d solicitation activities on behalf of
the retailer; (v) procuring goods for sale by the retailer; (vi) receiving and accepting purchase
orders or, if the retailer’s purchase orders are accepted, processed, or fulfilled in another
location, receiving and accepting contracts and other documents; (vii) transferring title to an item
to a buyer; or (viii) displaying goods for sale to prospective customers; or (b) the use of a
structure owned or leased by a retailer to: (i) store or otherwise hold the retailer’s inventory; (ii)
house the retailer’s business headquarters, meaning the location from which the retailer directs
or manages the retailer’s business; or (iii) provide office space for the retailer’s officers,
executives, or other employees who have authori ty to set prices and determine the terms of a
sale.
COMMUNITY AND ECONOMIC DEVELOPMENT
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H.B. 1505 (Paddie) – Broadband: would establish a process by which a broadband provider
may apply for and attach an affixture of cables, strands, wires, and associated e quipment used
in the provision of a broadband provider’s services to a pole owned and controlled by an electric
cooperative.
H.B. 2571 (Slaton) – Monuments and Memorials: would, among other things: (1) provide that
a monument or memorial located on city property: (a) for at least 40 years may not be removed,
relocated, or altered; (b) for at least 20 years but less than 40 years may be removed, relocated,
or altered only by approval of a majority of the voters of the city at an election held for that
purpose; or (c) for less than 20 years may be removed, relocated, or altered only by the
governing body; and (2) define “monument or memorial” as used in (1) to mean a permanent
monument, memorial, or other designation, including a statute, portrait, plaque, sea l, symbol,
cenotaph, building name, bridge name, park name, area name, or street name, that honors an
event or person of historic significance.
H.B. 2597 (Paul) – Homeless Camping: would create a Class C misdemeanor criminal offense
if a person intentionally or knowingly camps under: (1) a controlled access highway, or (2) the
frontage road of a controlled access highway.
H.B. 2667 (Smithee) – Broadband: would: (1) expand the definition of “telecommunication
provider” for purposes of who is subject to the u niform charge that funds the universal service
fund to include a provider of Voice over Internet Protocol service; (2) provide that the uniform
charge to fund the universal service fund may be in the form of a fee or an assessment on
revenues; (3) prohibit the Public Utility Commission from assessing the charge in a manner that
is not technology neutral or grants an unreasonable preference based on technology; and (4)
define “high cost rural area” for purposes of the universal service fund as: (a) an area s erved by
a small provider; and (b) any exchange receiving support under the universal service fund as of
December 31, 2020 where: (i) the population has not since increased by more than 100 percent
since the year 2000; and (ii) there are less than 30 custo mers per route mile of plant in service.
H.B. 2713 (Hefner) – Monuments and Memorials: would, among other things: (1) provide that
a monument or memorial located on city property: (a) for at least 40 years may not be removed,
relocated, or altered; (b) for at least 20 years but less than 40 years may be removed, relocated,
or altered only by approval of a majority of the voters of the city at an election held for that
purpose; or (c) for less than 20 years may be removed, relocated, or altered only by the
governing body; (2) define “monument or memorial” as used in (1) to mean a permanent
monument, memorial, or other designation, including a statute, portrait, plaque, seal, symbol,
cenotaph, building name, bridge name, park name, area name, or street name, t hat honors an
event or person of historic significance; (3) authorize a resident of a city to file a complaint with
the attorney general if the resident asserts facts supporting an allegation that the city has
violated (1), and authorize the attorney general to file a petition for a writ of mandamus or apply
for other appropriate equitable relief to compel the city to comply with (1); (4) provide that a city
that is found by a court as having intentionally violated (1) is subject to a civil penalty in an
amount of: (a) not less than $1,000 and not more than $1,500 for the first violation; and (b) not
less than $25,000 and not more than $25,500 for each subsequent violation; and (5) waive and
abolish governmental immunity to suit for a city to the extent of l iability under in a suit filed under
(3), above.
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H.B. 2720 (Lucio) – Type A Economic Development Corporations: would: (1) authorize a
Type A economic development corporation (EDC) that is wholly or partly located in an area
declared to be in a state of disaster by the governor to participate in a project that includes a
program to provide grants and loans to small businesses during a declared state of disaster to
promote recovery from the disaster; (2) require a Type A EDC that provides a grant or loan
under (1) to establish criteria to be used in determining which businesses may receive the grant
or loan and the permitted uses of the grant or loan; and (3) prohibit a Type A EDC from
spending more than 10 percent of the sales and use tax revenue received by the EDC to
establish and operate a project authorized by (1).
H.B. 2726 (Martinez Fischer) – Public Improvement Districts: would provide that, if the
population of a public improvement district is more than 1,000, to be eligible to serve a as a
director a person may be a resident of the district, but is not required to reside in the district if
the person meets other specified criteria.
H.B. 2776 (Deshotel) – Disannexation: would: (1) authorize registered voters in a certain area
to petition for release of the area from a city’s extraterritorial jurisdiction; and (2) authorize
registered voters in a certain area to petition a city for disannexation of the area.
H.B. 2777 (Pacheco) – Reroofing Contractors: would require the Texas Department of
Licensing and Regulation to establish a reroofing contractor registration system and, among
other things, provide that a city building official may not grant or approve a building or
construction permit for a reroofing project unless the applicant for the permit is a registered
reroofing contractor or exempt from registration.
H.B. 2907 (Raymond) – Broadband: would require the governor’s broadband development
council to request from each provider of broadband Internet access service in the state a report
on broadband speeds provided by the provider based on a reasonable sample.
H.B. 2971 (Cason) – School Property Tax Limitations: would repeal the Texas Economic
Development Act in Chapter 313 of the Tax Code.
H.B. 2978 (Hull) – Event Reimbursement Programs: would: (1) require the office of governor,
in consultation with the human trafficking prevention coordinating council, to develop signs with
information on services and assistance available to victims of human trafficking; and (2) require
any agreement between the Texa s Economic Development and Tourism Office and an
endorsing county, city, or local organizing committee and a site selection organization relating to
an event reimbursement program that includes a financial commitment by the state or a city or
county to contain a written verification that the site selection organization will prominently post
throughout the location of the game or events the signs developed under (1), above.
H.B. 2989 (Cyrier) – Zoning: would provide that: (1) the governing body of a municipality
wishing to exercise the authority relating to zoning regulations and zoning district boundaries
shall establish procedures for adopting, revising, and enforcing the regulations and boundaries;
(2) the adoption of initial zoning regulation s and zoning district boundaries, a comprehensive
revision of the regulations or boundaries, or an amendment of a regulation that applies uniformly
across boundaries or areas of the municipality is not effective until after a public hearing on the
matter at which parties in interest and citizens have an opportunity to be heard; (3) a proposed
57
change to a regulation or boundary that only affects an individual lot or a limited area of
contiguous lots or land may be protested as provided by certain law, and, if protested, the
proposed change must receive, in order to take effect, the affirmative vote of at least three -
fourths of all members of the governing body; and (4) before the 10th day before the hearing
date, written notice of each public hearing before the zoning commission on a proposed change
in a zoning classification of an individual property or a limited area of contiguous properties shall
be sent to each owner, as indicated by the most recently approved municipal tax roll, of real
property within 200 feet of the property or area on which the change in classification is
proposed. (Companion bill is S.B. 1120 by Johnson.)
H.B. 2997 (Gates) – Development Plats: would provide that, when a city decides to regulate
the development of tracts of land via d evelopment plats, the city may define and classify the
developments and need not require platting for every development of a tract of land otherwise
within the scope of the state law regarding development plats. (Companion bill is S.B.
1172 by Kolkhorst.)
H.B. 3023 (K. King) – Major Events Reimbursement Program: would add the Professional
Bull Riders World Finals to the list of events eligible for funding under the Major Events
Reimbursement Program.
H.B. 3032 (Oliverson) – Refrigerants: would provide that a building code or other requirement
applicable to commercial or residential buildings or construction may not prohibit the use of
certain substitutes for hydrofluorocarbon refrigerants authorized under federal law. (Companion
bill is S.B. 1210 by Johnson.)
H.B. 3034 (Campos) – Homelessness Data System: would: (1) require the Texas Interagency
Council on Homelessness to collaborate with a state agency designated by the council to
establish a statewide homelessness data system through which: (a) state agen cies, local
governmental entities, including law enforcement agencies, court systems, school districts, and
emergency service providers, and other relevant persons are able to share information related
to individuals experiencing homelessness; and (b) the persons described by (a) and members
of the public are able to access information related to individuals experiencing homelessness in
order to connect or refer those individuals to services, including affordable housing
opportunities; (2) provide that, in developing the data system, the council and the state agency
designated by the council shall, among other things, consult with representatives of the entities
in (1)(a) to determine the challenges faced by those entities in addressing homelessness and
how best to improve the responses to those challenges; and (3) require the data system
established in (1) to: (a) to the extent permitted by a data sharing agreement, collect data from
other homelessness data systems maintained or operated by a state agency, local law
enforcement agency, or other entity of Texas; and (b) collect, aggregate, analyze, and share
homelessness information submitted to the data system with entities that have access to the
system.
H.B. 3040 (Morrison) – School Property Tax Limitations: would, among other things, extend
the expiration date of the Texas Economic Development Act from December 31, 2022, to
December 31, 2032.
H.B. 3091 (Vasut) – Hotel Occupancy Tax Uses: would: (1) authorize a city to use revenue
from the city hotel occupa ncy tax to promote tourism and the convention and hotel industry by:
58
(a) acquiring, constructing, repairing, remodeling, or expanding certain qualified infrastructure
that is owned by the city and that is located not more than one mile from a hotel; and (b ) making
improvements to a public park that is owned by the city and that is located not more than one
mile from a hotel; (2) provide that the amount of city hotel occupancy tax revenue a city may use
in a fiscal year as provided by (1), above, may not exc eed 20 percent of the amount of revenue
the city collected from that tax during the preceding fiscal year; and (3) provide that a city that
uses city hotel occupancy tax revenue in accordance with (1), above: (a) may reserve not more
than 20 percent of the revenue from that tax collected in a fiscal year for use for the same
purposes during the succeeding three fiscal years; and (b) may not reduce the percentage of
revenue from the tax allocated for the purposes of advertising and promotional programs to
attract tourists and convention delegates or registrants to the city or its vicinity to a percentage
that is less than the average percentage of the revenue from that tax allocated by the city for the
same purposes during the 36 -month period preceding the date the city begins using revenue for
the purposes described in (1), above.
H.B. 3097 (Stephenson) – Qualified Hotel and Convention Center Projects: would: (1)
extend the date before which an eligible city must commence a qualified hotel and convention
center project to receive certain state funding for the project from September 1, 2023 to
September 1, 2025; and (2) provide that an eligible city commences a qualified hotel and
convention center project on the date the city, by ordinance or resolution: (a) authorized the
issuance of bonds or other obligations related to the qualified project; or (b) executes or
amends: (i) an economic development agreement under Chapter 380 of the Local Government
Code related to the project; or (ii) an interlocal agreement related to the project.
H.B. 3215 (Geren) – Energy Efficiency Building Standards: would provide that the following
accredited energy efficiency programs are in compliance with certain state law: (1) Standard
301 of the American National Standard for the Calculation and Labeling of the Energy
Performance of Dwelling and Sleeping Units using an Energy Rating Index, commonly cited as
ANSI/RESNET/ICC 301; and (2) Standard 380 of the American National Standard for Testing
Airtightness of Building, Dwelling Unit , and Sleeping Unit Enclosures, Airtightness of Heating
and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems, commonly
cited as ANSI/RESNET/ICC 380.
H.B. 3223 (Zwiener) – Hotel Occupancy Tax Uses: would: (1) authorize cities with a
populations under 200,000 to use a portion of the revenue derived from their city hotel
occupancy taxes to promote tourism and the convention and hotel industry by enhancing and
maintaining public parks owned by the city; (2) provide that the amoun t of city hotel occupancy
tax revenue a city may use in a fiscal year to enhance and maintain all public parks may not
exceed ten percent of the amount of revenue the city collected from that tax during the
preceding fiscal year; (3) provide that the amoun t of city hotel occupancy tax revenue a city may
use in a fiscal year to enhance and maintain an individual public park may not exceed the
amount of area hotel revenue in the preceding fiscal year that was directly attributable to tourists
who attended events held at that park or otherwise visited that park; (4) require a city to, before
the city uses city hotel occupancy tax revenue to enhance or maintain a park, make a good faith
estimate of the annual amount of area hotel revenue directly attributable to tourists who visited
that park; and (5) provide that a city that uses city hotel occupancy tax revenue in accordance
with (1), above: (a) may reserve not more than ten percent of the revenue from that tax
collected in a fiscal year for use for the same pu rposes during the succeeding three fiscal years;
and (b) may not reduce the percentage of revenue from the tax allocated for the purposes of
advertising and promotional programs to attract tourists and convention delegates or registrants
59
to the city or its vicinity to a percentage that is less than the average percentage of the revenue
from that tax allocated by the city for the same purposes during the 36 -month period preceding
the date the city begins using revenue for the purposes described in (1), above .
H.B. 3229 (Moody) – 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 economi c
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 3 80 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. (Companion bill is S.B. 848 by Blanco.)
H.B. 3230 (Moody) – School Property Tax Limitations: would, among other things, extend
the expiration date of the Texas Economic Development Act from December 31, 2022, to
December 31, 2034.
S.B. 987 (Buckingham) – 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 poli tical 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 othe rwise 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 fisca l 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
60
not be denied state grant fund s, regardless of whether the entity is a part of another entity that is
in violation of (4). (Companion bill is H.B. 1925 by Capriglione.)
S.B. 1023 (Gutierrez) – Building Materials: would allow a governmental entity to impose a
regulation regarding the u se of a building production, material or standard that implements
certain water conservation plans or programs, or is a requirement imposed by the Texas Water
Development Board as a condition of applying for or receiving financial assistance under a
program administered by the board.
S.B. 1090 (Buckingham) – Building Materials: would, among other things, allow a city to
impose an ordinance regarding building products, materials, or methods used in the
construction or renovation of a residential or commerci al building to the extent it regulates
outdoor lighting that is adopted for the purpose of reducing light pollution, and is adopted by a
city that is a Dark Sky Community.
S.B. 1107 (Zaffirini) – Homelessness: would, among other things, require: (1) a sta te registrar,
a local registrar, or a county clerk to issue a homeless individual’s birth record to the homeless
individual without a fee; (2) the Department of State Health Services to adopt a process to verify
a person’s status as a homeless individual and prescribe the documentation necessary for the
issuance of a certified copy of a birth record, which may not include requiring the homeless
individual to provide a physical address of the person’s residence; (3) the Department of Public
Safety (DPS) to adopt a process to verify a person is a homeless individual, which may not
include requiring the homeless individual to provide a physical address of the person’s
residence; and (4) DPS to exempt a homeless individual from the payment of fees for the
issuance of a driver’s license or personal identification certificate.
S.B. 1120 (Johnson) – Zoning: would provide that: (1) the governing body of a municipality
wishing to exercise the authority relating to zoning regulations and zoning district boundaries
shall establish procedures for adopting, revising, and enforcing the regulations and boundaries;
(2) the adoption of initial zoning regulations and zoning district boundaries, a comprehensive
revision of the regulations or boundaries, or an amendment of a reg ulation that applies uniformly
across boundaries or areas of the municipality is not effective until after a public hearing on the
matter at which parties in interest and citizens have an opportunity to be heard; (3) a proposed
change to a regulation or boundary that only affects an individual lot or a limited area of
contiguous lots or land may be protested as provided by certain law, and, if protested, the
proposed change must receive, in order to take effect, the affirmative vote of at least three -
fourths of all members of the governing body; and (4) before the 10th day before the hearing
date, written notice of each public hearing before the zoning commission on a proposed change
in a zoning classification of an individual property or a limited area of c ontiguous properties shall
be sent to each owner, as indicated by the most recently approved municipal tax roll, of real
property within 200 feet of the property or area on which the change in classification is
proposed. (Companion bill is H.B. 2989 by Cyrier.)
S.B. 1155 (Nelson) – Major Events Reimbursement Program: would, among other things,
add the Texas Grand Prix race to the list of events eligible for funding under the Major Events
Reimbursement Program.
S.B. 1168 (Campbell) – Extraterritorial Jurisdiction: would, in an area in a city’s
extraterritorial jurisdiction that has been disannexed under certain law or for which the city has
61
attempted and failed to obtain consent for annexation under certain law: (1) prohibit a city from
imposing a fine or f ee on a person on the basis of an activity that occurs wholly in the area, or
the management or ownership of property located wholly in the area; and (2) provide that the
prohibition in (1) does not apply to a fine or fee for water, sewer, drainage, or oth er related utility
services.
S.B. 1172 (Kolkhorst) – Development Plats: would provide that when a city decides to
regulate the development of tracts of land via development plats, the city may define and
classify the developments and need not require platt ing for every development of a tract of land
otherwise within the scope of the state law regarding development plats. (Companion bill is H.B.
2997 by Gates.)
ELECTIONS
H.B. 2584 (Crockett) – Temporary Branch Polling Places: would provide that early voting by
personal appearance at certain temporary branch polling places 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.
H.B. 2585 (Crockett) – Recall Election: would: (1) apply to a municipality that has a single -
member district form of representation for the governing body of the municipality; and (2)
provide that the municipality may not adopt or enforce an ordinance or charter provision
authorizing an election by the municipality at large for the recall of a member of the
municipality's governing body who was elected from a single -member district. (Note: this means
that only voters of a single -member district may vote in an election to recall a member of the
governing body who was elected from the district.)
H.B. 2594 (Moody) – Political Advertising: would modify the definition of “political advertising”
for purposes of certain laws regulating political communications, funds, and campaig ns to
include a communication supporting or opposing a candidate for nomination or election to a
public office or office of a political party, a political party, a public officer, or a measure that, in
return for consideration, is distributed by e -mail or text message.
H.B. 2601 (Paul) – Recording Device Use by Poll Watcher: would: (1) provide that a person
may not use a wireless communication device or any mechanical or electronic means of
recording images or sound within 100 feet of the area in which th e early voting ballot board
disposes of an accepted ballot; (2) amend current law by prohibiting: (a) a person from using a
wireless communication device within 100 feet of a voting station while voting is taking place;
and (b): a person from using any mechanical or electronic means to record images or sound;
and (3) provide an exception for: (a) a member of the early voting ballot board who is
processing early voting ballots, except when opening a carrier envelope for an early voting
ballot voted by mail in accordance with state law; (b) a member of the recount committee who is
counting ballots; (e) a member of a tribunal deciding an election contest; or (f) a watcher,
except that a watcher may use a wireless communication device only as necessary to recor d
images or sound.
H.B. 2602 (Paul) – Poll Watchers: would: (1) repeal the minimum hours of continuous service
a watcher may serve at the polling place; and (2) repeal current law that states a watcher is
considered to have served continuously if the watc her leaves the polling place for the purpose
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of using a wireless communication device prohibited from use in the polling place and the
watcher promptly returns.
H.B. 2615 (Goodwin) – Early Voting Period: would amend the starting period for early voting
by personal appearance from the 22 nd day before election day from the 17th day before election
day.
H.B. 2640 (T. King) – Uniform Election Date: would authorize the governing body of a political
subdivision, other than a county or municipal utility district, that holds its general election for
officers on the May uniform election date to, not later than December 31, 2022, change the date
on which it holds its general election for officers to the November uniform election date.
H.B. 2672 (Guillen) – Early Voting Information: would: (1) require the early voting clerk to
provide a copy of the roster for a person who votes an early voting ballot by personal
appearance or by mail in a paper or an electronic format at the request of a person; and (2)
creates an offense of a Class C misdemeanor for a person who is responsible for maintaining
the roster and fails to provide information on or a copy of the roster to a requesting party.
H.B. 2699 (Martinez) – Provisional Ballots: would amend current state law that allows an
exception to the requirement to provide identification in casting a provisional ballot by executing
an affidavit under penalty of perjury that states the voter does not have any identification
requirements as a result of a natural disaster that was de clared by the president of the United
States or the governor, occurred not earlier than the “60 th day” rather than the “45th day” per
current state law, before the date the ballot was cast, and caused the destruction of or inability
to access the voter's identification.
H.B. 2764 (Rogers) – Candidate Qualifications: would amend current state law by adding a
requirement that to be eligible to be a candidate for, or elected or appointed to, a public elective
office in this state, must have paid all child support due and payable by the person unless: (1)
the person has made all due payments under a payment plan; or (2) the child support due is
being contested or negotiated. (See H.J.R. 117, below.)
H.B. 2859 (Bucy) – Election Database: would provide, among other things, that: (1) the
authority responsible for giving notice of the election shall deliver to the secretary of state
certain information for the secretary of state's database of election information in an electronic
format required by the secretary of state; (2) the secretary of state shall post on the secretary of
state's public Internet website a database containing information provided by each authority
responsible for giving notice of an election; and (3) a candidate's name may not be printed on
the ballot until the candidate's name appears on the secretary of state's Internet website as a
candidate for elected office.
H.B. 2860 (Bucy) – Election Information: would require: (1) a county or city that holds, or
provides election services in the case of a county, and that maintains a website, must not later
than the 21st day before election day, post on its public Internet website: (a) the date of the
election; (b) the location of each polling place; (c) each candidate for an elected office on the
ballot; and (d) each measure on the ballot; (2) a county or city that holds, or provides election
services in the case of a county, and that maintains a website, must as soon as practicable after
an election, post on its public Internet website: (a) the resu lts of each election; (b) the total
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number of votes cast; (c) the total number of votes cast for each candidate or for or against
each measure; (d) the total number of votes cast by personal appearance on election day; (e)
the total number of votes cast by personal appearance or mail during the early voting period;
and (f) the total number of counted and uncounted provisional ballots cast; and (3) the election
result information must be clearly labeled in plain language and: (i) accessible without having to
make more than two selections or view more than two network locations after accessing the
Internet website home page of the county, city, or district, as applicable, for the most recent
election; and (ii) accessible without having to make more than four selections or view more than
four network locations after accessing the Internet website home page of the county, city, or
district, as applicable, for a previous election.
H.B. 2875 (Anchia) – Voter Identification: would provide that: (1) a student identif ication card
issued to a person by a public or private high school or an institution of higher education is an
acceptable form of identification for voting if the identification card contains the person’s
photograph and date of birth; and (2) any other ide ntification card, form, or certificate containing
a person’s photograph and date of birth issued by the state, an agency or political subdivision of
the state, or the United States, is an acceptable form of identification for voting.
H.B. 2908 (Dutton) – Application for Office: would: (1) require that a candidate's application
for a place on the ballot must be submitted with an affidavit stating that the candidate lives at the
residence address listed on the application form; (2) create the criminal offense of a third-
degree felony for providing false information on an affidavit submitted with the application; and
(3) create a civil penalty in an amount not to exceed $10,000 for providing false information on
the aforementioned affidavit.
H.B. 2993 (Morales Shaw) – Voter Identification: would provide that a Transportation Worker
Identification Credential card issued by the Transportation Security Administration that has not
expired or that expired no earlier than four years before the date of presentation fo r voting is
acceptable documentation of proof of identification for voting.
H.B. 3019 (Moody) – Campaign Contributions: would provide that a campaign contribution
made to a candidate for statewide office or the legislature or to a specific -purpose committee
supporting or opposing the candidate may not be expended to support or oppose a candidate
for an office of a municipality.
H.B. 3080 (Oliverson) – Unsolicited Vote by Mail Application: would, among other things: (1)
create a Class A misdemeanor if the person mails or otherwise provides an application form for
an early voting ballot to a person who did not solicit the form; and (2) require the early voting
clerk to include with the balloting materials a card containing a space for the voter to: (a) place
the voter's right thumbprint; and (b) sign the card.
H.B. 3086 (Beckley) – Voter Identification: would allow a person whose name has changed
not more than two years before the date the person offers to vote to present identification that
shows a name of the voter that does not match the name on the precinct list of registered voters
if the person also presents certified documentation of the name change that shows: (1) the
name of the voter shown on the precinct list of registered voters; and (2) the name of the voter
shown on the identification presented.
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H.B. 3107 (Clardy) – Election Practices and Procedures: would, among many other things:
(1) provide that in the case of an election in which any members of a political subdivision’s
governing body are elected from territorial units such as single -member districts, the state laws
governing the election of unopposed candidates apply if each candidate for an office that is to
appear on the ballot in that territorial unit is unopposed and no opposed at -large race is to
appear on the ballot; (2) require the notice of a general or special election to state the internet
website of the authority conducting the election; (3) provide that an election services contract
may not change a political subdivision’s require ment to keep an election officer’s office open for
election duties for at least three hours each day, during regular office hours, on regular business
days during a specified period of time prior to election day and ending not earlier than the
40th day after election day; (4) expand the methods of notice that an election authority
conducting the drawing to order names of candidates on the ballot may use to notify candidates
of the date, hour, and place of the drawing in include telephone, email, and persona l written
notice; (5) require an election officer at the polling place to maintain a registration omissions list;
(6) provide that if the name of a voter who is offering to vote is not on the precinct list of
registered voters, an election officer may contact the voter registrar regarding the voter’s
registration status; (7) provide that provisional voting records are not available for public
inspection until the first business day after the date the early voting ballot board completes the
verification and counting of provisional ballots and delivers the provisional ballots and other
provisional voting records to the general custodian of election records; (8) provide that a voter
may deliver a marked mail ballot in person to the main early voting polling pla ce only while the
polls are open during the early voting period or on election day; (9) require the authority with
whom an application for a place on the ballot must be filed to designate an email address in the
notice of deadlines for filing an applicatio n for a place on the ballot; (10) provide that for cities
conducting recall elections, a vacancy in an officer’s office occurs on the date of the final
canvass of a successful recall election; and (11) eliminate the requirement that an election
precinct established for an election ordered by a city may not divide a county election precinct
except as necessary to follow the city’s boundary.
H.B. 3147 (Cole) – Early Voting: would provide that: (1) the early voting ballot board shall
verify and count provisional ballots not later than the 10th day after the date of an election; (2)
the early voting ballot board shall determine whether to accept mail ballots not later than the
10th day after the date of an election; and (3) the presiding judge of the early voti ng ballot board
shall deliver written notice of the reason for the rejection of a ballot to the voter at the residence
address on the ballot application not later than the 10th day after the local canvass.
H.B. 3152 (Noble) – Ineligible Candidates: would authorize the secretary of state to petition a
district court for appropriate relief if the agency becomes aware of a candidate who has
withdrawn, has died, or is ineligible but whose name has not been omitted from the ballot.
H.B. 3200 (Jetton) – Ballot by Mail: would, among other things: (1) add the ability to supply an
e-mail address on an application form for an early voting ballot and voter’s preferred contact
method; (2) require, not later than 24 hours after a ballot is rejected, the presiding judge of the
early voter’s ballot board to: (a) notify the voter of the rejection of the voter's ballot using the
voter's preferred contact method; (b) inform the voter that, time permitting, the voter may:
(i) request new balloting materials; or (ii) vote by p ersonal appearance; and (c) deliver written
notice of the reason for the rejection of a ballot to the voter; (3) applies only to an early voting
ballot voted by mail: (a) for which the voter did not sign the carrier envelope certificate; (b) for
which it cannot immediately be determined whether the signature on the carrier envelope
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certificate is that of the voter; (c) missing any required statement of residence; or (d) containing
incomplete information with respect to a witness.
H.B. 3247 (Schofield) – Election Procedures During Disaster: would, among other things: (1)
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; (2) prohibit the secretary of state from approv ing a request under (1)
unless a condition directly caused by the pandemic disaster has made the conduct of the
election infeasible in the absence of the alteration; and (3) provide that, in the absence of the
governor’s disaster declaration, an election official of a political subdivision may not alter any
voting standard, practice, or procedure in a manner not otherwise expressly authorized by law.
H.J.R. 117 (Rogers) – State Candidate Qualifications: would, among other things, amend the
Texas Constitution by adding a requirement that to be eligible to be a candidate for, or elected
or appointed, to the office of State Senator or Representative, or to be a candidate for or elected
to the office of Governor, must have paid all child support due and payable by the person
unless: (a) the person has made all due payments under a payment plan; or (b) the child
support due is being contested or negotiated. (See H.B. 2764, above.)
S.B. 1018 (Zaffirini) – Early Voting by Mail: would, among other things: (1) require an
officially-prescribed application form for an early voting ballot to include a space for the voter to
provide a change of residence address within the county, if applicable; (2) provide that, if an
application for an early voting ballot includes a change of address within the county, the early
voting clerk must notify the voter registrar of the change and the registrar shall update the
voter’s registration accordingly; (3) provide that an early voting clerk is not required to provide a
form for a statement of residence to a voter who indicated a change of address within the
county on the voter’s application for an early voting ballot to be voted by mail; and (4) provide
that, for certain defective early voting ballots voted by mail, that the signature verification
committee ore early voting ballot board may: (a) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be possible to correct the defect
and return the carrier envelope before the ti me the polls are required to close on election day; or
(b) notify the voter of the defect by telephone or e -mail and inform the voter that the voter may
come to the early voting clerk’s office in person to: (i) correct the defect; or (ii) request to have
the voter’s application to vote by mail cancelled. (Companion bill is H.B. 1464 by Hinojosa.)
S.B. 1110 (Bettencourt) – Election Procedures: would, amongst other things, require: (1) that
not later than the 60th day before the date of a regular or special election, the presiding judge of
each administrative judicial region shall appoint not fewer than three retired judges to serve as
emergency election review judges to preside over election violation complaints; and (2) create a
review process by which an action alleging a violation of the election code, that is filed within 45
days of an election by a candidate in the election or a state or county chair of a political party
that has a candidate in the election, to request emergency injunctive relief to prev ent the alleged
violation from continuing.
S.B. 1111 (Bettencourt) – Residency: would, among other things, modify the definition of
“residence” for purposes of elections to provide that: (1) a person may not establish residence
for the purpose of influencing the outcome of a certain election; (2) a person may not establish a
66
residence at any place the person has not inhabited; and (3) a person may not designate a
previous residence as a home and fixed place of habitation unless the person inhabits the plac e
at the time of designation and intends to remain.
S.B. 1112 (Bettencourt) – Voter Signature Verification: would: (1) prohibit a county clerk,
elections administrator, early voting clerk, or early voting ballot board from suspending the
signature verification requirements for accepting early voting ballots voted by mail; and (2)
creates a Class A misdemeanor for a violation of this prohibition.
S.B. 1115 (Bettencourt) – Early Voting: would, among other things: (1) provide that, for any
runoff election resulting from an election held on a uniform election date, the period for early
voting by personal appearance begins on the 12 th day before election day and continues through
the fourth day before election day; (2) provide that, unless ordered by a court, v oting time during
early voting may not last more than 12 hours in one day; and (3) establish the following hours
for early voting for any election in which a county clerk or city secretary is the early voting clerk:
(a) on any weekday of the first week of the early voting period, from 8:00 a.m. until 5:00 p.m.;
(b) on a Saturday during the early voting period; from 7:00 a.m. until 7:00 a.m.; (c) on a Sunday
during the early voting period, from 1:00 p.m. until 6:00 p.m.; and (d) on any weekday of the last
week of the early voting period, from 7:00 a.m. until 7:00 p.m.
S.B. 1116 (Bettencourt) – Posting Election Information: would require: (1) that a county that
holds or provides election services, and a city or independent school district that holds an
election, and maintains an Internet website, shall publish the following as soon as practicable
after the election: (a) the results of each election; (b) the total number of votes cast; and (c) the
total number of votes cast for each candidate or for or against each measure; and (2) such
information to be accessible without having to make more than two selections or view more than
two network locations after accessing the Internet website home page of the county, city, or
district, as applicable.
EMERGENCY MANAGEMENT
H.B. 2548 (Morrison) – Building Inspections: would: (1) provide that a building inspection in
an area of a city subject to a state or a local disaster declaration 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 S.B. 877 by Hancock.)
H.B. 2620 (Wilson) – Wineries: would provide that a winery shall be treated in the same
manner as a restaurant for any order, proclamation, regulation, or directive issued by the
governor or a local governmental body that relates to the operation of an alcoholic beverage
establishment during a declared state of disaster or local state of disa ster or a proclaimed state
of emergency.
H.B. 2696 (Morrison) – Disaster Recovery Loan: would provide that: (1) a political
subdivision, including a city, may apply to the Texas Division of Emergency Management
(TDEM) for a loan if TDEM determines that the political subdivision’s estimated cost to
appropriately respond to appropriately respond to the disaster is greater than 50 percent of the
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political subdivision ’s total revenue for the current year as shown in the most recent operating
budget of the political subdivision submitted to TDEM; and (2) TDEM may consult with the
Federal Emergency Management Agency in making the determination required under (1),
above.
H.B. 2729 (Slaton) – In-Person Hospital Visits: would provide, among other things, that: (1) a
hospital may not prohibit in -person visitation, including visitation during a declared state of
disaster declared of the following individuals with a patient at the hospital who is seriously ill or
dying: (a) an immediate family member of the patient; o r (b) religious counsel; and (2) a
convalescent and nursing facility may not prohibit in -person visitation, including visitation during
a declared state of disaster, of the following individuals with a resident of the facility who is
seriously ill or dying: (a) an immediate family member of the patient; or (b) religious counsel.
H.B. 2760 (White) – Isolation or Quarantine Control Measures: would provide, among other
things, that: (1) an individual retains the right to choose and make decisions regarding th e
medical treatment provided to the individual or the individual’s child and the right to refuse: (a) a
medical treatment or procedure; (b) medical test; (c) a physical or mental examination; (d) an
immunization; (e) an experimental procedure or protocol; (f) the collection of a specimen; (g)
participation in a tracking or tracing program; (h) participation in wearing a medical or other
protective device; (i) participation in maintaining a measured distance from other individuals or
animals, unless the distance is required by law or under a court order; and (j) involuntary
disclosure of personal data or medical information; (2) before ordering an individual or a group
of individuals to implement control measures that involve isolation or quarantine, the
Department of State Health Services (DSHS) or a health authority must: (a) provide notice of
the control measures to the individual or group of individuals; (b) provide to the individual or
group of individuals an opportunity to demonstrate that the implementa tion of control measures
is not necessary; and (c) obtain from a district court in a county in which the individual or group
of individuals resides, is located, or is receiving court -ordered health services a court order
authorizing DSHS or a health authority to order the individual or group of individuals to
implement control measures; (3) to obtain a court order under (2)(c), above, DSHS or a health
authority must demonstrate to the court by clear and convincing evidence that the individual or
group of individuals is infected with or is reasonably suspected of being infected with a
communicable disease that presents a threat to public health; (4) in ordering an individual or
group of individuals to implement control measures under that involve isolation or quarantine,
DSHS or a health authority to the greatest extent possible must: (a) use the least restrictive
means available; and (b) allow an individual to isolate or quarantine in the individual’s home or
with a family member, a friend, or another individ ual with whom the individual is involved in a
romantic relationship; and (5) repeal the provision that provides that during an emergency or an
area quarantine or after a state declared disaster a medical treatment exemption does not apply
to an individual who chooses treatment by prayer or spiritual means as part of the tenets and
practices of a recognized church of which the individual is an adherent or member.
H.B. 2812 (Murphy) – Disaster Response Loan Fund: would establish the disaster response
loan fund to be used to provide short-term loans to political subdivisions affected by a disaster.
H.B. 3016 (Moody) – Suspension of Criminal Law: would provide that, during a declared
state of disaster, an executive order, proclamation, or regulation issued by t he governor may not
suspend a provision in the Code of Criminal Procedure or Penal Code.
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H.B. 3036 (Campos) – Evictions: would provide that: (1) an action to evict a tenant is
automatically abated without a court order during the period a state of disaste r is in effect and
until the 61st day after the date a state of disaster ends; and (2) during the period a state of
disaster is in effect and until the 61st day after the date a state of disaster ends, an officer may
not execute a writ of possession relating to the eviction of a tenant.
H.B. 3241 (Schofield) – Compensation Damages: would provide, among other things, that:
(1) a business owner is entitled to compensation from a governmental entity, including a city, for
losses caused to the owner’s business by an order, ordinance, or other regulation by a
governmental entity, including an executive or local order issued during a declared state of
disaster that: (a) closes a business permanently or temporarily; or (b) effectively closes a
business by: (i) limiting the business’s operations to the extent that the business owner cannot
effectively maintain the business; or (iii) ordering customers not to patronize the business; (2) a
business owner is not entitled to compensation under (1), above, if the governm ental entity can
demonstrate that the primary reason for the governmental action was: (a) a judicial finding that
the business: (i) was a nuisance under the law; or (ii) violated other law; or (b) a finding that the
business or owner failed to: (i) acquire or maintain a license required by the governmental entity
for the business; (ii) file or maintain records required by the secretary of state; or (iii) pay taxes;
and (3) sovereign and governmental immunity to suit and from liability is waived and abolishe d.
S.B. 967 (Kolkhorst) – Expiration of Public Health Orders: would provide that a public health
order issued by a health authority that is imposed on more than one individual, animal, place, or
object expires on the eighth day following the date the order is issued unless, before the eighth
day, the governing body of a municipality or the commissioners court of a county that appointed
the health authority by majority vote extends the order for a longer period.
S.B. 968 (Kolkhorst) – Public Health Disaster Preparedness: would provide that: (1) the
Texas Division of Emergency Management (TDEM) shall enter into a contract with a
manufacturer of personal protective equipment (PPE) that guarantees that TDEM is given
priority in the purchase of the equipment ove r other persons, including other states and local
governments, during a declared public health disaster; (2) TDEM may purchase PPE under a
contract described by (1), above, only if: (a) a public health disaster is declared by the
commissioner of state health services; and (b) TDEM determines the state’s supply of PPE will
be insufficient based on an evaluation of the PPE: (i) held in reserve in this state; and (ii)
supplied by or expected to be supplied by the federal government.
S.B. 989 (Buckingham) – Disaster Orders: would limit an executive order, proclamation, or
regulation issued by the governor under the Texas Disaster Act of 1975 that restricts: (1) the
operation of or the hours of operation for a business: (a) that holds a permit or license issued by
the Texas Alcoholic Beverage Commission; (b) in the manufacturing tier of the alcoholic
beverage industry; and (c) that authorizes the business to sell alcoholic beverages for on -
premises consumption; and (2) a Section 501(a) tax exempt nonprofit organ ization that benefits
veterans of the United States armed forces.
S.B. 995 (Powell) – Disaster Reinvestment and Infrastructure Planning Fund: would
establish the disaster reinvestment and infrastructure planning board and the disaster
reinvestment and inf rastructure planning revolving fund, which is designed to, among other
things, provide public infrastructure loans and grants to political subdivisions impacted by a
disaster. (See S.J.R. 44, below.)
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S.J.R. 44 (Powell) – Disaster Reinvestment and Infrastructure Planning Board: would
amend the Texas Constitution to provide that the legislature may authorize the disaster
reinvestment and infrastructure planning board to issue general obligation bonds of the State of
Texas in an amount not to exceed $500 million and to enter into related credit agreements.
(See S.B. 995, above.)
S.J.R. 45 (Birdwell) – Extension of Disaster Declaration: would amend the Texas
Constitution to provide, among other things, that: (1) a state of disaster or emergency declared
by the governor may not continue for more than 30 days unless it is renewed or extended by the
legislature if the declared state of disaster or emergency: (a) exists in at least two -fifths of the
counties; (b) affects at least half of the population, according to the most recent federal
decennial census; or (c) affects at least two -thirds of the counties in three or more trauma
service areas, as designated by the appropriate state agency; (2) the governor shall convene
the legislature in special session when the governor proposes to renew an order or
proclamation declaring a state of disaster or emergency described in (1), above or issue a new
order regarding the same state of disaster or emergency; and (3) in a special session convened
under (2), above, the legislature may: (a) renew or extend the state of disaster or emergency;
(b) respond to the state of disaster or emergency, including by: (i) passing laws and resolutions
the legislature determines are related to the state of disaster or emergency; and (ii) exe rcising
the power to suspend laws as provided to the legislature by the Constitution and (iii) consider
any other subject stated in the governor’s proclamation convening the legislature.
MUNICIPAL COURTS
H.B. 2684 (Canales) – Expunctions: would: (1) require a court that issues an order of
nondisclosure of criminal history record information to include in the order any other offense
arising out of the same transaction as the offense for which the order is sought if: (a) the other
offense has not resulted in a final conviction and is no longer pending; and (b) there was no
court-ordered community supervision for the other offense; and (2) amends current law limiting
nondisclosure of criminal history record information for certain individuals who are on
community supervision by repealing the requirement that they must not have been previously
convicted of or placed on deferred adjudication community supervision for another offense other
than a traffic offense that is punishable by fine only or other certain misd emeanors.
H.B. 2714 (Hernandez) – Implicit Bias Training: would, among other things, require: (1)
justices and judges of state courts, including municipal courts, judicial officers, and certain court
personnel to complete a two -hour implicit bias training course approved by the court of criminal
appeals every two years; (2) attorneys licensed to practice law in this state to complete a one -
hour implicit bias training course approved by the state bar every continuing education
requirement compliance period; and (3) the implicit bias training course must address racial,
ethnic, gender, religious, age, mental disability, and physical disability and sexual harassment
issues in the legal system.
H.B. 2915 (Schofield) – Role of Jury: would, among other things: (1) repeal the provision
allowing a juror to be struck for cause because the juror has a bias or prejudice against any
phase of the law upon which the State is entitled to rely for conviction or punishment; (2) would
prohibit a potential juror from being excu sed or disqualified from serving on a jury because the
juror expresses a willingness to exercise a power granted to the jury under state law; (3)
authorize the jury to determine that a defendant is guilty according to the law but that the law is
unjust or unjustly applied to the defendant and may decide not to apply the law to the defendant
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and find the defendant not guilty or guilty of a lesser included offense; and (4) prohibits the court
or state from infringing on this right, which if done, is grounds f or a mistrial.
OPEN GOVERNMENT
H.B. 2560 (Martinez) – Open Meetings: would: (1) provide that, without regard to whether a
member of the governmental body is participating in a meeting from a remote location by
telephone conference call, a governmental body may allow a member of the public to speak at a
meeting from a remote location by telephone conference call; (2) provide that, when a member
of a governmental body loses audio or video during a videoconference meeting, the meeting
may continue when a quorum of the body remain audible and visible to each other and, during
the open portion of the meeting, to the public; (3) allow a meeting by videoconference so long
as the presiding officer is present at a physical location open to the public where members of
the public may observe and participate in the meeting; (4) set out the notice requirements for a
videoconference meeting; and (5) provide that, without regard to whether a member of the
governmental body is participating in a meeting from a remote locatio n by videoconference call,
a governmental body may allow a person to speak at a meeting from a remote location by
videoconference call. (Companion bill is S.B. 639 by Menéndez.)
H.B. 2618 (Hernandez) – Public Information: would: (1) provide that information contained in
a citation issued for a violation of a state traffic law or local traffic ordinance is excepted from
public disclosure if the information is the home address or personal telephone number of the
person who is the subject of a citation; and (2 ) allow the information described in (1) to be
disclosed to a FCC-licensed radio or television station and certain newspapers.
H.B. 2683 (Canales) – Open Meetings: would: (1) for an open meeting that is broadcast live
over the Internet and held wholly or p artly by telephone conference and/or videoconference: (a)
require the governmental body ensure the public is able to listen and, if applicable, speak; (b)
require the open meeting be audible to the public by telephone and at location described in (2),
below; (c) require that the public have access to both audiovisual and audio -only feeds of the
open meeting; and (d) if applicable, require that members of the public be able to address the
governmental body by telephone and videoconference; (2) require that t he notice of a meeting
described in (1) include, among other things: (a) a list of each physical location where a
member of the public may observe and participate in the meeting; (b) a toll free number for use
by the public; (c) access information for an y audiovisual or audio-only feeds; and (d) instructions
for the public to speak at the meeting; (3) require that a meeting described in (1) be recorded
and that the recording be made available to the public not later than 24 hours after adjourning
the meeting; (4) require that a meeting notice indicate whether a subject will be considered in an
open meeting or a closed session; and (5) require a meeting be broadcast over the Internet if
the physical location of the meeting is not accessible to members of th e public or is not large
enough to accommodate all persons seeking to attend the meeting in person, including if the
location has reduced capacity as the result of a public emergency or disaster. (Companion bill
is S.B. 924 by Zaffirini.)
H.B. 2789 (Vasut) – Public Information Act Charges: would provide that a governmental
body may not impose a charge for providing a copy of public information if: (1) the information is
a political or campaign report required to be filed with the governmental body, unless a ll of those
reports filed with the governmental body during the preceding three years are available to the
public on the governmental body’s internet website; (2) the governmental body fails to disclose
the information on or before the 10th business day af ter the date of receiving the requestor’s
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written request, unless the governmental body: (a) sends a written request for clarification to the
requestor; or (b) requests a decision from the attorney general; or (3) the governmental body
requests a decision from the attorney general and: (a) the governmental body fails to provide to
the requestor: (i) a written statement that the governmental body wishes to withhold the
requested information and has requested a decision from the attorney general; and (ii) a c opy of
the written request for a decision; or (b) the attorney general determines the requested
information must be disclosed.
H.B. 2811 (Murphy) – Disclosure of Hazardous Chemicals: would provide: (1) that a political
subdivision in possession of a tier t wo form listing hazardous chemicals is confidential and not
subject to disclosure under the Public Information Act; and (2) a political subdivision may
release a tier two form or information contained in the form to the public only if the tier two form
or applicable information has been made publicly available by the Texas Commission on
Environmental Quality.
H.B. 2969 (Cason) – Open Meetings: would provide that a person in attendance at an open
meeting of a governmental body may: (1) record all or any par t of the meeting by means of a
recorder, video camera, or other means of aural or visual reproduction; or (2) stream live video
and audio of all or any part of the meeting on the Internet.
H.B. 3015 (Hernandez) – Public Information: would provide that: (1) if a governmental body
determines it has no information responsive to a request for information, the officer for public
information shall notify the requestor in writing not later than the 10th business day after the
date the request is received; (2) if a governmental body determines requested information is
subject to a previous determination that permits or requires the governmental body to withhold
the requested information, the officer for public information shall, not later than the 10th
business day after the date the request is received, notify the requestor in writing that the
information is being withheld and identify in the notice the specific previous determination the
governmental body is relying on to withhold the information; (3) if a governme ntal body fails to
comply with the requirements in (1) or (2), the requestor may send a written complaint to the
attorney general; and (4) if the attorney general determines the governmental body failed to
comply with (1) or (2), the attorney general must require the governmental body to complete
open records training, the governmental body may not assess costs to the requestor for
producing information in response to the request, and the governmental body must release the
requested information unless there is a compelling reason to withhold it. (Companion bill is S.B.
927 by Zaffirini.)
H.B. 3139 (Longoria) – Open Meetings: would: (1) authorize a governmental body to hold an
open or closed meeting by conference call; (2) define “conference call” to mean a m eeting held
by telephone conference call, videoconference call, or telephone conference and
videoconference call; (3) require that each part of a meeting held by conference call required to
be open to the public: (a) be audible to the public; (b) be visibl e to the public if it is a
videoconference call; and (c) have two -way communication with each participant; (4) provide
that a member or employee of a governmental body may participate in a meeting by conference
call only if the audio signal of the participant is heard live at the meeting; (5) provide that a
member of a governmental body who participates in a meeting by conference call shall: (a) be
counted as present at the meeting for all purposes; and (b) be considered absent from any
portion of the meeting during which audio communication with the member is lost or
disconnected, but allow the governmental body to continue the meeting if a quorum of the body
72
continues to participate in the meeting; (6) provide that a governmental body may allow a
member of the public to testify at a meeting by conference call; (7) provide that a meeting held
by conference call is subject to the notice requirements applicable to other meetings and also
must include certain instructions to the public; (8) require that a meeti ng held by conference call
be recorded, and that the recording be made available to the public; and (9) require the
Department of Information Resources by rule to specify minimum standards for the recording of
a meeting held by conference call.
S.B. 923 (Zaffirini) – Open Meetings and Public Information: would make various changes to
open government laws, and:
For purposes of the Open Meetings Act, would:
1. for an open meeting that is broadcast live over the Internet and held wholly or partly by
telephone conference and/or videoconference: (a) require the governmental body ensure the
public is able to listen and, if applicable, speak; (b) require the open meeting be audible to the
public by telephone and at location described in (2), below; (c) require that the public have
access to both audiovisual and audio -only feeds of the open meeting; and (d) if applicable,
require that members of the public be able to address the governmental body by telephone and
videoconference;
2. require that the notice of a meeting described in (1) include, among other things: (a) a list of
each physical location where a member of the public may observe and participate in the
meeting; (b) a toll free number for use by the public; (c) access information for any audiovisual
or audio-only feeds; and (d) instructions for the public to speak at the meeting;
3. require that a meeting described in (1) be recorded and that the recording be made available to
the public not later than 24 hours after adjourning the meeting;
4. require that a meeting notice indicate whether a subject will be considered in an open meeting
or a closed session; and
5. require a meeting be broadcast over the Internet if the physical location of the meeting is not
accessible to members of the public or is not large enough to accommodate all persons seeking
to attend the meeting in person, including if the location has reduced capacity as the result of a
public emergency or disaster.
For purposes of the Public Information Act, and certain other law, would:
1. define the term “business day” as used in the Public Information Act to exclude a Saturday,
Sunday, and certain national and state holidays (under current law, a closure for bad weather or
skeleton crew day would also be excluded from the term “business day”);
2. provide that a governmental body is not authorized to withhold a date of birth unless permitted
by the Health Insurance Portability and Accountability Act, constitutional law, or statutory law;
3. provide that, if a governmental body determines it has no information respons ive to a request for
information, the officer for public information shall notify the requestor in writing not later than
the 10th business day after the date the request is received;
4. provide that, if a governmental body determines requested information i s subject to a previous
determination that permits or requires the governmental body to withhold the requested
information, the officer for public information shall, not later than the 10th business day after the
date the request is received notify the requestor in writing that the information is being withheld
73
and identify in the notice the specific previous determination the governmental body is relying on
to withhold the information;
5. provide that, if a governmental body fails to comply with the requirem ents in (3) or (4), the
requestor may send a written complaint to the attorney general, and if the attorney general
determines the governmental body failed to comply with (3) or (4), the attorney general must
require the governmental body to complete open records training, the governmental body may
not assess costs to the requestor for producing information in response to the request, and the
governmental body must release the requested information unless there is a compelling reason
to withhold it;
6. impose various requirements when dealing with electronic public information; and
7. with some exceptions, require a governmental body to post on its website each contract for the
purchase of goods or service from a private vendor along with certain other information .
S.B. 924 (Zaffirini) – Open Meetings: would: (1) for an open meeting that is broadcast live over
the Internet and held wholly or partly by telephone conference and/or videoconference: (a)
require the governmental body ensure the public is able to listen and, if applicable, speak; (b)
require the open meeting be audible to the public by telephone and at location described in (2),
below; (c) require that the public have access to both audiovisual and audio -only feeds of the
open meeting; and (d) if applicable, require that members of the public be able to address the
governmental body by telephone and videoconference; (2) require that the notice of a meeting
described in (1) include, among other things: (a) a list of each physical location where a
member of the public may observe and participate in the meeting; (b) a toll free number for use
by the public; (c) access information for any audiovisual or audio -only feeds; and (d) instructions
for the public to speak at the meeting; (3) require that a meeting described in (1) be recorded
and that the recording be made available to the public not later than 24 hours after adjourning
the meeting; (4) require that a meeting notice indicate whether a subject will be considered in an
open meeting or a closed session; and (5) require a meeting be broadcast over the Internet if
the physical location of the meeting is not accessible to members of the public or is not large
enough to accommodate all persons seeking to attend the meeting in person, including if the
location has reduced capacity as the result of a public emergency or disaster. (Companion bill
is H.B. 2683 by Canales.)
S.B. 925 (Zaffirini) – Public Information: would define the term “business day” as used in the
Public Information Act to exclude a Saturday, Sunday, and certain national and state holidays
(under current law, a closure for bad weather or skeleton crew day would also be excluded from
the term “business day”). (Companion bill is H.B. 1416 by Capriglione.)
S.B. 926 (Zaffirini) – Public Information: would provide that a governmental body is not
authorized to withhold a date of birth unless permitted by the Health Insurance Portability and
Accountability Act, constitutional law, or statutory law.
S.B. 927 (Zaffirini) – Public Information: would provide that: (1) if a governmental body
determines it has no information responsive to a request for information, the officer for public
information shall notify the requestor in writing not later than the 10th business day after the
date the request is received; (2) if a governmental body determines requested information is
subject to a previous determination that permits or requires the governmental body to withhold
the requested information, the officer for public information shall, not later than the 10th
business day after the date the request is received notify the requestor in writing that the
information is being withheld and identify in the notice the specific previous determination the
74
governmental body is relying on to withhold the information; (3) if a governmental body fails to
comply with the requirements in (1) or (2), the requestor may send a written complaint to the
attorney general; and (4) if the attorney general determines the governmental body failed to
comply with (1) or (2), the attorney g eneral must require the governmental body to complete
open records training, the governmental body may not assess costs to the requestor for
producing information in response to the request, and the governmental body must release the
requested information unless there is a compelling reason to withhold it. (Companion bill is H.B.
3015 by Hernandez.)
S.B. 928 (Zaffirini) – 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 s uch 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
reasonable efforts to ensure that a contract entered into by the governmental bo dy 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. 930 (Zaffirini) – Public Information: would provide that certain information regarding the
occurrence of communicable disease in residential facilities is subject to disclosure under the
Public Information Act unless the information is made confidential under other law.
S.B. 972 (West) – Critical Incident Video Recordings: would provide, among other things,
that:
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1. the office of the attorney general shall establish and maintain on its internet webs ite a publicly
accessible database of required use of force reports submitted to the office;
2. a law enforcement agency shall make public any video recording in the agency’s possession
involving: (a) an officer-involved shooting, including an unintentional discharge of a firearm while
in the course of duty or in response to a call, regardless of whether: (i) a person is hit by gunfire;
or (ii) an allegation of misconduct is made; (b) use of force resulting in death or serious bodily
injury; (c) the death of an arrestee or detainee while the person is in the custodial care of a law
enforcement agency; and (d) any other police encounter in which a law enforcement agency
determines release of a video recording furthers a law enforcement purpose (collectively, a
“critical incident”);
3. a law enforcement agency shall provide a video recording of a critical incident described in (2),
above, to a person who requests such recording, not later than the 60th day after the date the
critical incident occurs, except that if the law enforcement agency determines as described in
(4), below, that the video recording cannot be released, the agency shall, not later than the 45th
day after the date the critical incident occurs, begin notifying persons who request a copy of the
video recording of the reasons for the agency’s decision and providing an explanation as to
when the agency will make copies of the video recording available to requestors;
4. a law enforcement agency may: (a) withhold a video recording of a critical incident if the agency
is prohibited from releasing the recording by law or a court order; (b) redact or edit the video
recording to protect juveniles and victims of certain crimes or to protect the privacy interests of
other individuals who appear in the recording; (c) not redact or edit a video recording in a
manner that compromises the depiction of what occurred during the critical incident, including
the officers; (d) delay the release of a video recording of a critical incident to protect: (i) the
safety of the individuals involved in the critical incident, including officers, witnesses,
bystanders, or other third parties; (ii) the integrity of an active criminal or administrative
investigation or a criminal prosecution; (iii) confidential sources or investigative techniques; or
(iv) the constitutional rights of an accused involved in the incident;
5. if a law enforcement agency determines that the provisions of (4)(d), above, apply to a video
recording of a critical incident, the agency shall: (a) not later than the 45th day after the date the
critical incident occurs, begin notifying persons who request a copy of the recording of the
specific, factual reasons for the delay; and (b) update persons who request a copy of the
recording every 15 days regarding the continuing justification for the delay until the copies are
released;
6. not later than 48 hours before the time a law enforcement agency releases a video recording of
a critical incident, the agency shall make a reasonable attempt to notify and consult with: (a) the
officers depicted in the recording or significantly involved in the use of force; (b) the individual
upon whom force was used or the individual’s: (i) next of kin if the individual is deceased; (ii)
parent or legal guardian if the individual is a juven ile; or (iii) legal counsel if the individual is
represented by legal counsel; (c) the district attorney’s office, county attorney’s office, or city
attorney’s office that has jurisdiction over the critical incident depicted in the video; and (d) any
other individual or entity connected to the critical incident the law enforcement agency deems
appropriate; and
7. the law enforcement exception under the Public Information Act does not apply to a video
recording of a critical incident in a law enforcement agency ’s possession.
S.B. 973 (West) – Body Worn Camera Recordings: would:
1. provide that a body worn camera recording that documents an incident that involves the use of
deadly force by a peace officer or that is otherwise related to an administrative or crimina l
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investigation of a peace officer may be released to the public regardless of whether all criminal
matters have been finally adjudicated and all related administrative investigations have
concluded;
2. provide that any portion of a recording described in (1 ), above, that is made in a private space is
confidential and excepted from the requirements of the Public Information Act (PIA), and may
not be released 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;
3. repeal the provisions that provide that: (a) a law enforcement agency may permit a person who
is depicted in a recording described in (1), above, or, if the person is deceased, the per son's
authorized representative, to view the recording, provided that the law enforcement agency
determines that the viewing furthers a law enforcement purpose and provided that any
authorized representative who is permitted to view the recording was not a witness to the
incident; (b) a person viewing a recording may not duplicate the recording or capture video or
audio from the recording; and (c) a permitted viewing of a recording under (a), above, is not
considered to be a release of public information for purposes of the PIA;
4. repeal the provision that provides that a law enforcement agency may release to the public a
recording described in (1), above, if the law enforcement agency determines that the release
furthers a law enforcement purpose;
5. repeal the provision that provides that a recording described in (1), above, may be withheld
under the law enforcement exception of the PIA if related to a closed criminal investigation that
did not result in a conviction or a grant of deferred adjudication communit y supervision;
6. repeal the provision that provides information recorded by a body worn camera as described in
(1), above, and held by a law enforcement agency is not public information under the PIA;
7. repeal the provision that provides that information that is or could be used as evidence in a
criminal prosecution is public information under the PIA; and
8. repeal the provision that provides that a recording described in (1), above, is confidential and
excepted from the PIA if the recording: (a) was not required to be made under a law or under a
policy adopted by the appropriate law enforcement agency; and (b) does not relate to a law
enforcement purpose.
S.B. 974 (West) – Access to Law Enforcement Records: would provide that:
1. the following information is public information: (a) information that is 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 or 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; (vi) a report relating to a peace officer’s use of force resulting
in death or serious bodily injury; or (vii) 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;
2. the law enforcement exception that allows for withholding informatio n related to detection,
investigation or prosecution of an investigation that did not result in conviction or deferred
adjudication or internal records or notations related to an investigation that did not result in a
conviction or deferred adjudication does not apply to information, records or notations if: (a) a
person who is a subject of the information, record, or notation, other than a peace officer, is
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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;
3. a governmental body that releases information, records, or notations to a family member of a
deceased or incapacitated person who is a subject of the information, record, or notation is n ot
considered to have voluntarily made that information available to the public and does not waive
the ability to assert in the future that the information is excepted from required disclosure;
4. a fire or police department in a civil service city may mainta in a department personnel file
(commonly referred to as the “g” file) on a police officer or fire fighter 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;
5. a letter, memorandum, or document regarding a peace officer’s alleged misconduct maintained
in 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; and
6. a fire or police department in a civil service city shall disclose law enforcement disci plinary
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
complete factual findings and analysis of the conduct and appropriate discipline of the covered
employee.
S.B. 975 (West) - 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
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to law enforcement or prosecution, that does not result in conviction or deferred adjudication is
public information if: (a) a person who is a subje ct 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;
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, o r 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 exceptio ns, 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 agen cy’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; a nd
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.
(Companion bill is H.B. 2383 by Moody.)
OTHER FINANCE AND ADMINISTRATION
H.B. 2549 (Dutton) – Tort Claims Act: would provide that the election of remedies provision in
the Tort Claims Act may not be construed to restrict a plaintiff’s ability to bring a suit against an
employee of a governmental unit for assault, battery, false imprisonment, or any other
intentional tort, including a tort involving disciplinary action by school authorities.
H.B. 2554 (Gates) – Joint Vocational School Districts: would, among other things: (1)
establish joint vocational school districts to provide public education to high school students
whose educational needs are better served by focused vocational education and training; (2)
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authorize a city to join a petition by the board of trustees of two or more school districts to
establish a joint vocational school district if: (a) the board of trustees of each member district
votes to approve the participation of the city; and (b) the city council votes to approve
participation in the joint vocational school district; (3) provide th at a city that participates in the
petition to establish the joint vocational school district may appoint one trustee to the district’s
board of trustees; and (4) require the board of trustees of a joint vocational school district to
provide to each participating city an end-of -year financial report for the district.
H.B. 2574 (Beckley) – Nepotism: would amend current law by expanding the exception to the
nepotism prohibition for appointing an election clerk. (Note: Current law provides an exception
to nepotism for the appointment of an election clerk who is not related in the first degree by
consanguinity or affinity to an elected official of the authority that appoints the election judges for
that election.)
H.B. 2578 (Leach) – Newspaper Notice: would: (1) require the comptroller to develop and
maintain an Internet website of public information; (2) define the term “public information” to
mean a public or legal notice that a governmental entity is required to publish or other
information submitted for publication by a governmental entity; (3) require that the public
information Internet website be designed to, among other things, allow a governmental entity to
easily post public information, and allow a person to subscribe to e -mail notices of public
information associated with a specific governmental entity; (4) require a governmental entity to
submit for inclusion on the public information Internet website any public or legal notice a
statute or rule requires the entity to publish in a newspaper (except those an entity must publish
on the Office of Court Administration website); (5) provide a governmental entity’s submission of
public information to the public information Internet website satisfies a requirement imposed by
a statute or rule to publish notice in a newspaper; and (6) provide that a governmental entity that
in good faith attempts to submit public information to the public information Internet website is
not subject to liability or other penalty for failing to post the public information to the website or
to deliver an e-mail notice of the posted public information.
H.B. 2590 (Leach) – Building Permits: would: (1) repeal the statute giving a city the ability to
reach a written agreement with a building permit applicant providing for an alternati ve deadline
for granting or denying the permit; and (2) prohibit a city from: (a) denying a building permit
solely because the city is unable to comply with the 45 -day time period for granting or denying a
building permit; and (b) requiring a building perm it applicant to waive the 45-day time period for
granting or denying a building permit.
H.B. 2624 (Ordaz Perez) – Credit Access Businesses: would provide: (1) that the annual
percentage rate of an extension of consumer credit in the form of a deferred pre sentment
transaction (including a payday or motor vehicle title loan) that is entered into by a consumer
residing in a disaster area and that a credit access business obtains for the consumer or assists
the consumer in obtaining may not exceed 30 percent during the designated disaster period and
the two-year period immediately following that period; and (2) that, for purposes of (1), above,
the annual percentage rate of an extension of consumer credit in the form of a deferred
presentment transaction is calculated including the total charges charged to the consumer in
connection with the extension of consumer credit, including interest, lender charges, and any
fees or any other valuable consideration received by the credit access business.
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H.B. 2662 (Krause) – Regulations: would permanently eliminate various regulations waived
during the COVID-19 pandemic, 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 clear ly stated prior to
speaking; and
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;
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 m eeting, 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;
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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 meet ing, 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 particip ant 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.
For licensed food services establishments (i.e., a place where food is prepared for individual
portion service), allow the establishment 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 poultr y;
4. does not exceed the shelf life as displayed on the packaging; and
5. has been properly refrigerated, if applicable.
For first responder organizations:
1. require the executive commissioner of State Health Services during a state of disaster to
provide a first responder organization a grace period of not more than 30 days from the date the
organization’s license expires to submit the application and other materials necessary to renew
the license.
For emergency medical services providers operating during a state disaster:
1. allow a medical director of an emergency medical services system to authorize certain
individuals who are not certified as EMS personnel to provide EMS services; and
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2. allow the executive commissioner of State Health Services to temporarily waive skills
proficiency testing requirements for EMS personnel and out -of -state advanced emergency
medical technicians seeking reciprocity in Texas.
H.B. 2730 (Deshotel) – Eminent Domain: Eminent Domain: would make several changes to
the eminent domain process. Of primary importance to cities, the bill would:
1. require the attorney general to establish an ombudsman office for the purpose of providing
information to landowners whose real property may be acquired by a governmental or private
entity through the use of the entity’s eminent domain authority;
2. require the attorney general to make available on the attorney general’s website a landowner’s
bill of rights that is written in plain language designated to be easily understood by the average
property owner, and include the required language in statute;
3. provide that a person may not receive state certification to buy, sell, lease, or transfer an
easement or right-of -way for another for compensation in connection with telecommunication,
utility, railroad, or pipeline service unless the person successfully completes at least 16
classroom hours of coursework every two years approved by the Texas Real Estate
Commission in:
a. the law of eminent domain, including the rights of property owners;
b. appropriate standards of professionalism in contacting and conducting negotiations with
property owners; and
c. ethical considerations in the performance of right -of -way acquisition services;
4. provide that an entity with eminent domain authority must provide a copy of the lan downer’s bill
of rights statement to a landowner at or before the first in -person contact unless the entity
expressly states, at that time, it will not seek to file a condemnation petition;
5. provide that an entity with eminent domain authority makes a bona fide offer when the entity’s
initial offer is made in writing and includes:
a. a copy of the landowner’s bill of rights, unless the entity has previously provided a copy of the
statement to the property owner;
b. an offer of compensation in an amount equal to or greater than one of the following:
i. the market value of the property rights sought to be acquired, based on an appraisal of the
property prepared by a certified general appraiser;
ii. the estimated price or market value of the property rights sought to be acquired based on
data for at least three comparable arm’s-length sales of a property;
iii. the estimated price or market value of the property rights sought to be acquired based on a
comparative market analysis prepared by a licensed real estate broker or cer tified general
appraiser;
iv. the estimated price of the property rights sought to be acquired based on a broker price
opinion prepared by a licensed real estate broker;
v. the estimated market value of the property rights sought to be acquired based on a marke t
study prepared by a licensed real estate broker or a certified general appraiser; or
vi. 150 percent of the per acre value for each acre or part of an acre sought to be acquired,
based on the total land value for the whole property out of which the property rights are
sought to be acquired, as reflected in the most recent tax rolls;
c. as applicable, the complete written report, or a brief written summary, that forms the basis of the
amount of the offer of compensation in 5b above;
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d. an instrument of conveyance , as applicable; and e. the name and telephone number of a
representative of the entity;
6. specify the exact terms that must be included in an instrument of conveyance of an easement
associated with the exercise of eminent domain authority;
7. require the judge of a court in which a condemnation petition is filed or to which an eminent
domain case is assigned to, not later than the 15th calendar day after the date the petition is
filed, appoint three special commissioners and two alternate special commissioner s;
8. provide that each party shall have seven calendar days after the date of the order appointing the
special commissioners to strike one of the three special commissioners, in which case an
alternate special commissioner shall serve as a replacement for t he special commissioner
based on the order that the alternate special commissioners are listed in the initial order of
appointment;
9. require the special commissioners in an eminent domain proceeding to schedule a hearing to
occur not earlier than the 20th day or later than the 40th day after the date the special
commissioners were appointed, unless otherwise agreed to by the parties; and
10. authorize a special commissioners hearing to be held by videoconference at the request of
either party.
H.B. 2809 (Murphy) – Contingent Fee Contracts: would except a contingent fee contract
entered into by a city or county for the collection of an unpaid local alcohol permit and license
fees that are more than 60 days past due from the state approval procedures generally
applicable when a political subdivision enters into a contingent fee contract for legal services.
H.B. 2813 (C. Turner) – Extensions of Consumer Credit: would provide that: (1) the annual
percentage rate of an extension of consumer credit is calculated incl uding the total charges
charged to the consumer in connection with the extension of consumer credit, including interest,
lender charges, and any fees or any other valuable consideration received by the credit services
organization or a representative of th e organization; (2) the annual percentage rate of an
extension of consumer credit that a credit services organization obtains for a consumer or
assists a consumer in obtaining may not exceed 36 percent; and (3) that a credit access
business may assess fees for its services only in accordance with (1) and (2), above.
H.B. 2829 (White) – Mixed Beverage Sales Tax: would, among other things: (1) lower the rate
of the state sales tax from 6.25 percent to 3.125 percent on the sales price of a taxable item
sold by a restaurant or certain alcohol permittee, with the rate gradually increasing over time
back to 6.25 in September 2023; and (2) lower the rate of the mixed beverage sales tax from
8.25 percent to 2.25 percent of the sales price of an item sold by a alcoho l permittee, with the
rate gradually increasing over time back to 8.25 in September 2023.
H.B. 2894 (Holland) – Comptroller Contracts for Travel Services: would, among other
things, prohibit the comptroller from charging a city a fee if a city officer or employee who is
engaged in official city business participates in the comptroller’s contract for travel services for
the purpose of obtaining reduced airline fares and reduced travel agent fees. (Companion bill
is S.B. 1122 by Zaffirini.)
H.B. 2913 (Capriglione) – Website Postings: would: (1) with some exceptions, require a
governmental body to post on its website each contract for the purchase of goods or services
from a private vendor along with certain other information; and (2) require that a contract i n (1):
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(a) be posted on the website within a specified period of time; and (b) have certain information
redacted. (Companion bill is S.B. 929 by Zaffirini.)
H.B. 2916 (Schofield) – Attorney General: would provide that the attorney general may
prosecute the offense of sedition, bribery, corrupt influence, riot, and obstructing of a
highway/passageway.
H.B. 2928 (Jetton) – Newspaper Notice: would, among other things: (1) authorize a
governmental entity, including a city, required by other law to provide noti ce by publication in a
newspaper to, as an alternative, satisfy that requirement by posting the notice on the
governmental entity’s Internet website; (2) provide that internet notice posted as an alternative
to required newspaper notice: (a) to the extent possible, must meet requirements provided by
law for the publication of the newspaper notice that can be applied to an Internet website
posting, including requirements related to the timing, duration, content, and appearance of the
notice; and (b) is not required to meet requirements provided by law for the publication of the
newspaper notice that by their nature cannot be applied to an Internet website posting, including
requirements relating to circulation; (3) provide that a governmental entity that choo ses to post
internet notice as an alternative to newspaper notice is not required to also publish notice in a
newspaper; and (4) provide that a notice posted on a governmental entity’s Internet website as
an alternative to required newspaper notice must be posted at least one day before the
occurrence of the event to which the notice refers.
H.B. 2930 (Schofield) – Federal Action: would: (1) establish a joint legislative committee to
review any federal action to determine whether such action is unconstitut ional; (2) provide that
any federal action found by the joint legislative committee to be unconstitutional be sent to the
legislature for a determination, and then on to the governor for approval or disapproval; (3)
provide that any federal action declared to be unconstitutional has no legal effect in Texas; (4)
prohibit the state or a political subdivision of the state from spending money to implement a
federal action declared unconstitutional; (5) authorize the attorney general (and others) to
prosecute a person who attempts to implement or enforce an unconstitutional federal action for
official oppression, as well as other provisions of law; and (6) entitle a person to seek a
declaratory judgment that a federal action is unconstitutional and give all cour ts original
jurisdiction over such a proceeding.
H.B. 3027 (Canales) – Navigation Districts: would, among other things, authorize a navigation
district to act to prevent, detect, and fight a fire or explosion or hazardous material incident that
occurs on, or adjacent to, a waterway, channel, or turning basin that is located in the district’s
territory, regardless of whether the waterway, channel, or turning basin is located in the
corporate limits of a city.
H.B. 3046 (Middleton) – Cooperation with Federal Agency: would, among other things,
prohibit a political subdivision from cooperating with a federal government agency in
implementing an agency rule that a report published by the Texas attorney general indicates
has been found by a court to violate the rights guaranteed to the citizens of the United States by
the United States Constitution. (Companion Bill is S.B. 1248 by Creighton.)
H.B. 3056 (Goodwin) – Cemetery Billboards: would, among other things: (1) prohibit a person
from erecting or maintaining a billboard on cemetery property; (2) prohibit a cemetery
organization from entering into a contract or lease authorizing a billboard on cemetery property;
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and (3) provide that the attorney general may bring an action for an injunction and civil penalties
in the amount of $1,000 per day for each violation against a person who is in violation or
threatens to the violate the bill and may recover reasonable expenses, including court costs,
attorney’s fees, investigative costs, witness fees and deposition expens es.
H.B. 3069 (Holland) – Claims: would, with certain exceptions, require a governmental entity to
bring suit for damages for certain claims against: (1) a registered or licensed architect, engineer,
interior designer, or landscape architect in this state, who designs, plans, or inspects the
construction of an improvement to real property or equipment attached to real property, not later
than five years after the substantial completion of the improvement or the beginning of operation
of the equipment in an action arising out of a defective or unsafe condition of the real property,
the improvement, or the equipment; and (2) a person who constructs or repairs an improvement
to real property not later than five years after the substantial completion of the improvement in
an action arising out of a defective or unsafe condition of the real property or a deficiency in the
construction or repair of the improvement.
H.B. 3100 (Campos) – Nonprofit Contracts: would prohibit a governmental entity, including a
city, from entering into a contract with a nonprofit organization unless the contract contains a
written verification from the organization that the organization will not use more than 20 percent
of the money provided under the contract for an administrative pur pose, including for payment
of the organization's employee or officer salaries.
H.B. 3199 (Meza) – Cemeteries: would, in a city in a county with a population of more than
750,000 or a city in a county adjacent to a county with a population of more than 750,000,
provide that: (1) an individual, corporation, partnership, firm, trust, or association may file a
written application with the governing body of a municipality to establish or use a cemetery
located inside the limits of the municipality; and (2) t he governing body by ordinance shall
prescribe the information to be included in the application in (1), and may authorize the
establishment or use of the cemetery if the governing body determines and states in the
ordinance that the establishment or use of the cemetery does not adversely affect public health,
safety, and welfare.
H.B. 3221 (Leach) – Claims: would: (1) for purposes of certain construction liability claims,
provide that a cause of action accrues on the date the written report identifying th e construction
defect is postmarked by the United States Postal Service; and (2) provide that certain other
dates of accrual are unaffected by (1).
H.J.R. 116 (Burns) – Unfunded Mandates: would amend the Texas Constitution to: (1) provide
that a state law enacted through a bill that takes effect on or after January 1, 2022, and that
requires a political subdivision to establish, expand, or modify a duty or activity that request the
political subdivision to spend revenue must provide for reimbursement to each political
subdivision affected by the requirement in an amount equal to the estimated cost to the political
subdivision to comply with the requirement or rules adopted under the requirement; (2) provide
that (1), above, does not apply to: (a) a law that imposes a requirement on a political subdivision
that employs in any capacity a person required to register as a lobbyist under state law; or (2) a
law that imposes a requirement that is required to be enacted by: (i) the Texas Constitution; (ii)
the United States Constitution; (iii) a federal law; or (iv) an order of a state or federal court; and
(3) provide that, notwithstanding (2)(a), above, a political subdivision is entitled to
reimbursement under (1) regardless of whether the political subdivision sp ends public money for
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membership fees and dues of a nonprofit state association or organization of similar political
subdivisions that exists for the betterment of local government and the benefit of all local
officials.
S.B. 911 (Hancock) – Third-Party Food Delivery Service: would, among other things: (1)
define “third-party food delivery service” as a website, mobile application, or other Internet -
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 b ill; 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 H.B. 2119 by Burrows.)
S.B. 929 (Zaffirini) – Website Postings: would: (1) with some exceptions, require a
governmental body to post on its website each contract for the purchase of goods or services
from a private vendor along with certain other information; and (2) require that a contra ct in (1):
(a) be posted on the website within a specified period of time; and (b) have certain information
redacted. (Companion bill is H.B. 2913 by Capriglione.)
S.B. 982 (Powell) – Data Collection: would require the Health and Human Services
Commission to ensure that each local government entity responsible for providing data to the
commission or a health and services agency in connection with a public benefits program
administered by the commission or agency: (1) provide individuals from whom demographi c
data is sought the option to report certain detailed data regarding the individual’s race or ethnic
origin and sex or gender; and (2) collect certain data from individuals who receive, or were
receiving at the time of the individual’s death, benefits und er a program. (Companion bill is H.B.
1608 by Rosenthal.)
S.B. 986 (Kolkhorst) – Eminent Domain: would, among other things: (1) require the attorney
general, before making any changes to the landowner’s bill of rights statement, to make the
proposed statement available on the attorney general’s website and accept public comment
regarding the proposed statement for at least 90 days after the date the proposed statement is
made available; (2) require the Texas Real Estate Commission to establish an ombudsman
office for the purpose of providing information to landowners whose real property may be
acquired by a governmental or private entity through the use of the entity’s eminent domain
authority; (3) provide that a person may not receive state certification to buy, sell, lease, or
transfer an easement or right-of -way for another for compensation in connection with
telecommunication, utility, railroad, or pipeline service unless the person successfully completes
at least 16 classroom hours of coursework every two years approved by the Texas Real Estate
Commission in: (a) the law of eminent domain, including the rights of property owners; (b)
appropriate standards of professionalism in contacting and conducting negotiations with
property owners; and (c) ethical considerations in the performance of right-of -way acquisition
services; (4) require the judge of a court in which a condemnation petition is filed or to which an
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eminent domain case is assigned to appoint two disinterested real property owners who reside
in the county as alternate special commissioners; and (5) provide that if a person fails to serve
as a commissioner or is struck by a party to the suit, an alternate special commissioner shall
serve as a replacement for the special commissioner based on the o rder that the alternate
special commissioners are listed in the initial order of appointment.
S.B. 1001 (Hughes) – Biometric Identifiers: would: (1) expand the definition of “biometric
identifier”; (2) with certain exceptions, prohibit a governmental entit y from: (a) capturing an
individual’s biometric identifier without the individual’s voluntary consent; and (b) retaining and
using an individual’s biometric identifier that is captured using a photo, video recording or audio
recording; (3) require a govern mental entity that captures an individual’s biometric identifier to
destroy all records of the identifier if it was collected under a warrant and charges are not filed,
or if it was collected in connection with the investigation of a crime for which the pe rson is
acquitted or charges are dropped; (4) provide that the attorney general may seek injunctive
relief and civil penalties for a violation of (2) or (3) (as well as other state laws regarding
biometric identifiers); and (5) waive governmental immunity from suit and liability.
S.B. 1045 (Eckhardt) – Health Benefits: would provide that a political subdivision’s third -party
health benefits administrator or other health benefits vendor is liable for a claim based on a
dispute under an employment benefit, in cluding health benefit plan coverage, provided to an
employee of the political subdivision by the political subdivision if the underlying claim is based
on the vendor’s duty under the vendor’s agreement.
S.B. 1064 (Alvarado) – Fleet Vehicles: would: (1) provide that a county or city that owns and
operations 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. (Companion bill is H.B. 2262 by Schofield.)
S.B. 1066 (Blanco) – Common Nuisance: would authorize a court to issue a temporary
restraining order in a suit to abate certain common nuisances. (Companion bill is H.B.
167 by Ortega.)
S.B. 1077 (Paxton) – 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 identity, and to identify optimal policies and state investments related to digital identity
technology. (Companion Bill is H.B. 2199 by Parker.)
S.B. 1121 (Johnson) – Change of Name and Sex: would, among other things: (1) establish a
process by which a person may apply to the sta te registrar for the issuance of a new birth
certificate to reflect and incorporate into the new birth certificate a change to the person’s name
and sex or only to the person’s sex; (2) require a person who applies for a new birth certificate
under (1) to notify the appropriate local law enforcement authority of the proposed change to the
person’s name and sex or only to the person’s sex, as applicable; and (3) provide that for each
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person to whom the state registrar issues a new birth certificate under (1), the state registrar
shall provide a copy of the new birth certificate and accompanying certificate of change to the
applicable local law enforcement authority. (Companion bill is H.B. 2024 by Rosenthal.)
S.B. 1122 (Zaffirini) – Comptroller Contracts for Travel Services: would, among other
things, prohibit the comptroller from charging a city a fee if a city officer or employee who is
engaged in official city business participates in the comptroller’s contract for travel services for
the purpose of obtaining reduced airline fares and reduced travel agent fees. (Companion bill
is H.B. 2894 by Holland.)
S.B. 1189 (Buckingham) – Emergency Services Districts: would: (1) authorize an emergency
services district (ESD) to object to the removal of annexed territo ry by a city if the removal would
have the effect of: (a) reducing the level of emergency services provided to the ESD territory
inside or outside the annexed area; or (b) reducing ESD revenue to a level that would be
insufficient to carry out the ESD’s pu rposes in territory outside the annexed area or require the
ESD to increase the tax burden on territory outside the annexed area in order to maintain
current services and commitments; and (2) provide that if an ESD objects to the removal of
territory under (1), above, the city may not remove the annexed territory from the district.
S.B. 1248 (Creighton) – Cooperation with Federal Agency: would, among other things,
prohibit a political subdivision from cooperating with a federal government agency in
implementing an agency rule that a report published by the Texas attorney general indicates
has been found by a court to violate the rights guaranteed to the citizens of the United States by
the United States Constitution. (Companion Bill is H.B. 3046 by Middleton.)
PERSONNEL
H.B. 8 (Pacheco) – Request for Employment Records: would provide that: (1) a law
enforcement agency that obtains written consent from a person licensed by the Texas
Commission on Law Enforcement (TCOLE) to view the person’s employment history shall make
an electronic copy of the person’s employment history available to a hiring law enforcement
agency on request; and (2) TCOLE, by rule, shall prescribe the manner by which a law
enforcement agency shall make a person's employment records electron ically available to a
hiring law enforcement agency, and such rules must provide appropriate privacy and security
protections.
H.B. 2542 (Rose) – Criminal History: would provide, among other things, that: (1) an employer
that employs at least 15 individua ls for each working day in at least 20 or more calendar weeks
in the current or preceding calendar year may evaluate an individual’s suitability for an
employment position by performing an assessment of the individual’s criminal history; (2) the
assessment performed under (1), above, must include an evaluation of the: (a) nature and
gravity of any offense in the individual’s criminal history; (b) length of time that has elapsed
since the date: (i) the offense was committed; and (ii) the individual fully dis charged the
individual’s sentence; and (c) nature and duties of the employment position for which the
individual has applied; (3) an employer may not: (a) publish or cause to be published
information about an employment position that states or implies that an individual’s criminal
history automatically disqualifies the individual from consideration for the position; (b) solicit or
otherwise inquire about the criminal history of an individual in an application for an employment
position; (c) solicit criminal history record information about an individual or consider an
individual’s criminal history unless the employer has first made a conditional employment offer
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to the individual; (d) refuse to make a conditional employment offer to an individual solely
because the individual did not provide criminal history record information before an offer was
made; or (e) take an adverse action against an individual because of the individual’s criminal
history unless the employer has determined that the individual is unsu itable for the employment
position based on an assessment conducted by the employer under (2), above; (4) an employer
who takes an adverse action against an individual based on the individual’s criminal history shall
inform the individual in writing that the adverse action was based on the individual’s criminal
history; (5) the Texas Workforce Commission (TWC) may assess an administrative penalty
against an employer in an amount not to exceed $500 for each employment position posting or
adverse action that is in violation of the provisions of this bill, provided that on an employer’s
first violation, TWC may issue a warning notice to the employer in lieu of assessing the
administrative penalty and provide training materials to the employer about compliance; and (6)
this bill does not apply to an employment position for which an individual may be disqualified
based on the individual’s criminal history under a federal, state, or local law or in compliance
with a legally mandated insurance or bond requirement.
H.B. 2598 (Patterson) – Workers’ Compensation: would provide that, for purposes of
workers’ compensation coverage for post -traumatic stress disorder (PTSD), the date of injury for
PSTD suffered by certain first responders is the 30th day after the date on which the first
responder is first diagnosed with the disorder.
H.B. 2810 (C. Turner) – Unemployment Benefits: would provide that an individual is not
disqualified for unemployment benefits: (1) for a benefit period in which the individual’s total or
partial unemployment is caused by: (a) a labor dispute at another place that: (i) is owned or
operated by the same employing unit that owns or operates the premises where the individual is
or was last employed; and (ii) supplies material or services necessary to the continued and
usual operation of the premises where the individual is or was last employed; and (2) if the
individual has been locked out of the individual’s place of employment or has been placed on
emergency leave without pay by the individual’s emp loyer.
H.B. 2823 (Bonnen) – E-Verify: would provide, among other things, that:
1. an employer, excluding a governmental entity, may not knowingly employ a person not lawfully
present in the United States;
2. an employer who violates (1), above, is subject to the suspension of each license held by the
employer;
3. a licensing authority, including a city, that receives, from the Texas Workforce Commission, a
final order suspending a license shall immediately determine if the authority has issued a
license to the person named on the order and, if a license has been issued: (a) record the
suspension of the license in the licensing authority’s records; (b) report the suspension as
appropriate; and (c) demand surrender of the suspended license if required by law for ot her
cases in which a license is suspended;
4. a licensing authority shall implement the terms of a final order suspending a license without
additional review or hearing, provided that the authority may provide notice as appropriate to the
license holder or to others concerned with the license;
5. a licensing authority may not modify, remand, reverse, vacate, or stay an order suspending a
license and may not review, vacate, or reconsider the terms of a final order suspending a
license;
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6. person who is the subject of a final order suspending a license is not entitled to a refund for any
fee or deposit paid to the licensing authority;
7. a person who continues to engage in the business, occupation, profession, or other licensed
activity after the implementation of th e order suspending a license by the licensing authority is
liable for the same civil and criminal penalties provided for engaging in the licensed activity
without a license or while a license is suspended that apply to any other license holder of that
licensing authority;
8. a licensing authority is exempt from liability to a license holder for any authorized act performed
by the authority;
9. the licensing authority may not issue or renew any other license for the person during the
suspension period;
10. a licensing authority may charge a fee to a person who is the subject of an order suspending a
license in an amount sufficient to recover the administrative costs incurred by the authority;
11. a political subdivision, including a city, shall register and participate in the E-verify program to
verify information of all new employees; and
12. an employee of a political subdivision who is responsible for verifying information of new
employees of the political subdivision as required by (11), above, is subject to immediate
termination of employment if the employee fails to comply with that provision.
H.B. 2826 (Bonnen) – Law Enforcement Employment Records: would provide that: (1) in a
civil service city: (a) a police officer is entitled to view the contents of the officer’s personnel
file maintained by the department (commonly known as the “g” file), and is entitled, on request,
to a copy of any document in the officer’s file; (b) a police department shall include in an officer’s
“g” file any statement that the officer reque sts to be included in the file; (2) before a law
enforcement agency may hire a person licensed by the Texas Commission on Law Enforcement
(TCOLE), the agency head or the agency head’s designee must submit to TCOLE, on a form
prescribed by TCOLE, confirmation that the agency reviewed the person’s employment records
from each of the person’s previous law enforcement employers; (3) TCOLE, by rule, shall
prescribe the manner by which a law enforcement agency shall make a person’s employment
records available to a hiring law enforcement agency; and (4) a law enforcement agency’s
failure to review a person’s employment records as required under (2), above, or to make a
person’s employment records available as required under (3), above, constitutes grounds for
imposing an administrative penalty in an amount set by TCOLE not to exceed $1,000 per day
per violation.
H.B. 2869 (Longoria) – Collective Bargaining: would provide, among other things, that: (1) a
public employer and an association that is a bargaining agent for police officers or fire fighters,
as applicable, shall submit to binding interest arbitration if the parties: (a) reach an impasse in
collective bargaining; or (b) are unable to settle after the 61st day after the date the appropriate
lawmaking body fails to approve a contract reached through collective bargaining.
H.B. 2939 (Muñoz) – Certification Election: would provide that, for purposes of meet and
confer, in a certification election to determine whether a police officer’s association represents a
majority of the covered policies officers, the association may not be recognized as the
association to represent a majority of the covered police officers unless a majority of covered
officers voting at the election vote in favor of the recognition.
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H.B. 2962 (Muñoz) – Petitions: would provide that a city may not adopt or enforce a charter
provision, ordinance, policy, or other measure that prohibits an employee of the city’s police or
fire department from signing a petition authorized by the meet and conf er, civil service, and
collective bargaining laws.
H.B. 2972 (P. Morales) – Pay Discrimination: would provide, among other things, that: (1) with
respect to an allegation of discrimination in payment of compensation, an unlawful 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; an d (2) liability may accrue,
and an aggrieved person may obtain relief, including recovery of back pay for the allowed
period, if the unlawful employment practices that have occurred during the period for filing a
complaint are similar or related to unlawfu l employment practices with regard to discrimination in
payment of compensation that occurred outside the period for filing a complaint.
H.B. 3120 (Capriglione) – Workers Compensation: would provide that lifetime income
benefits are paid until the death of the employee for, among other things: (1) a physically
traumatic injury to the brain resulting in permanent cognitive defects that: (a) render the
employee permanently unemployable without significant accommodations; or (b) affect the non -
vocational quality of the employee’s life so as to eliminate the employee’s ability to engage in a
range of usual cognitive processes; (2) third degree burns that cover at least 40 percent of the
body and require grafting, or third degree burns covering the majority of: (a) both hands; (b)
both feet; (c) one hand and one foot; or (d) one hand or foot and the face; or (3) permanent and
total disability in certain circumstances if the employee is: (a) a first responder; and (b)
employed by a political subdivision that self -insures, either individually or collectively.
H.B 3124 (Vasut) – Employees Carrying Handguns: would provide that: (1) an employer that
is a governmental entity may not prohibit an employee of the entity from carrying a handgun that
the employee is not otherwise prohibited by state or federal law from carrying: (a) on premises
owned or leased by the governmental entity; (b) while performing the employee's duties on
premises other than premises owned or leased by the governmental entity; or (c) in any other
location or circumstance in which the employee would otherwise be permitted to carry a
handgun under law; and (2) the term “premises” includes a building or a portion of a building,
but does not include any public or private driveway, street, sidewalk or walkway, parking lot,
parking garage, or other parking area.
H.B 3149 (Bucy) – Drug Testing Policies: would provide that: (1) a state agency or a political
subdivision of this state may not: (a) establish a drug testing policy that requires an employee or
independent contractor of the agency or political subdivision, as a condition of employment or
contract, to submit to a drug test the intent of which is to screen for the presence of
cannabinoids; (b) as a condition of employment or contract with the agen cy or political
subdivision, administer or require the administration of a drug test to the employee or contractor
the intent of which is to screen for the presence of cannabinoids; (c) establish for the employee
or contractor as a condition of employment or contract a test result that is negative for the
presence of cannabinoids; or (d) prohibit an employee or contractor as a condition of
employment or contract from: (i) prescribing or obtaining a prescription for low -THC cannabis or
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using low-THC cannabis for authorized medical use; or (ii) using a consumable hemp product;
(2) a state agency or a political subdivision of this state may not question an employee about
the employee ’s use of low-THC cannabis or hemp and shall comply with all relevant state and
federal privacy laws; (3) a person may assert an actual or threatened violation of (1) or (2),
above, as a claim or defense in a judicial or administrative proceeding and obtain: (a)
compensatory damages; (b) injunctive relief; (c) declaratory relief; an d (d) other appropriate
relief, including reasonable attorney ’s fees; (4) a person may commence an action for a
violation of (1) or (2) and relief may be granted regardless of whether the person has sought or
exhausted available administrative remedies; (5) sovereign or governmental immunity, as
applicable, is waived and abolished to the extent of liability for the relief provided in (3), above;
(6) the following persons are not subject to arrest, prosecution, or penalty in any manner, or
denial of any right or privilege, including any administrative or civil penalty or disciplinary action
imposed by a court or state licensing board, for conduct involving authorized medical use: (a) a
patient for whom authorized medical use is prescribed, or the parent or caregiver of the patient;
(b) a dispensing organization; or (c) a director, manager, or employee of a dispensing
organization who is registered with the Department of Public Safety; (7) a person described by
(6), above, may not be presumed to have engaged i n conduct constituting child abuse, neglect,
or endangerment solely because the person engaged in conduct involving authorized medical
use; (8) property used in the cultivation, research, testing, processing, distribution,
transportation, and delivery of low-THC cannabis for authorized medical use is not contraband
for purposes of asset forfeiture, and is not subject to seizure or forfeiture solely for the use of the
property for the authorized activities; and (9) a person is not subject to arrest, prosecut ion, or
the imposition of any sentence or penalty for the delivery, possession with intent to deliver, or
manufacture of any item that meets the definition of drug paraphernalia, if that item is delivered,
possessed with intent to deliver, or manufactured for the sole purpose of providing that item to:
(a) person for whom authorized medical use is prescribed; or (b) a licensed dispensing
organization.
H.B. 3173 (Lopez) – Police Credit History Hiring Policy: would provide that: (1) a law
enforcement agency of a city or county may not adopt or enforce a hiring policy provision that:
(a) automatically disqualifies from consideration peace officer position applicants because of
poor credit history; and (b) considers credit history information about events that occurred more
than five years before the date of application.
H.B. 3174 (Lopez) – Police Marihuana Hiring Policy: would provide that: (1) law enforcement
agency of a city or county may not adopt or enforce a hiring policy provision that: (a)
automatically disqualifies peace officer position applicants because of prior marihuana use; and
(b) considers marihuana use that occurred more than three years before the date of application;
(2) a law enforcement agency is not prohibited from adopting or enforcing a hiring policy
provision that disqualifies applicants for other acts or conditions related to marihuana, including:
(a) the sale or distribution of marihuana by the applicant; or (b) an applicant’s criminal history
related to the possession of marihuana.
H.B. 3226 (Hinojosa) – Essential Workers Minimum Wage: would provide that an employer,
including a city, shall pay to each individual who is designated as an essential critical
infrastructure worker by the United States Department of Homeland Security, Cybe rsecurity and
Infrastructure Security Agency and employed by the employer not less than the greater of: (1)
$15 an hour; or (2) the federal minimum wage (currently $7.25 an hour).
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S.B. 1105 (Hughes) – TMRS Return To Work: would provide, among other things, that: (1)
the retirement annuity of a person who is reemployed by a city in which the employee most
recently performed creditable service before the person’s retirement shall not be suspended,
provided that the person does not become an employee of the reemploying city at any time
during the 12 consecutive months after the effective date of the person’s last retirement from the
reemploying city; and (2) if the annuity payments of a person who resumed employment with the
person’s reemploying municipality before September 1, 2021, were discontinued and
suspended, on filing of a written application with TMRS, TMRS shall resume making the annuity
payments to the person, provided: (a) the person’s retirement that preceded the resumption of
employment was based on a bona fide termination of employment; (b) the person did not
become an employee of the person’s reemploying municipality at any time during the 12
consecutive months after the effective date of the person’s retirement; and (c) the person has
not terminated employment with the reemploying municipality.
PURCHASING
H.B. 2558 (Capriglione) – Firearms: would: (1) prohibit a governmental entity from entering
into a contract with a company for the purchase of goods or services unless the contract
contains a written verification from the company that it: (a) doesn’t have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association;
and (b) will not discriminate during the term of the contract against a fire arm entity or firearm
trade association; and (2) provide that the prohibition in (1) applies only to a contract paid partly
or wholly from public funds between a governmental entity and a company with at least 10 full -
time employees that has a value of at least $100,000.
H.B. 2581 (Kacal) – Construction and Civil Works Projects: would, among other things: (1)
allow a governmental entity to: (a) implement a prequalification process to eliminate unqualified
offerors from and prequalify potential offerors meet ing minimum standards for consideration for
a civil works project for which a request for bids, proposals, or qualifications is authorized; and
(b) directly solicit qualifications from potential offerors 30 days before the project solicitation is
issued if the competitive requirements and other applicable law are followed; (2) provide that:
(a) an offeror who submits a bid, proposal, or response to a request for qualifications for a
construction contract under certain law may, after the contract is awarded, make a request in
writing to the governmental entity to provide documents related to the evaluation of the offeror’s
submission; and (b) not later than the 30th day after the date a request is made, the
governmental entity shall deliver to the offeror the documents relating to the evaluation of the
submission including, if applicable, its ranking of the submission; (3) provide that for civil works
projects, the weighted value assigned to price must be at least 50 percent of the total weighted
value of all selection criteria; however, if the governing body of a governmental entity
determines that assigning a lower weighted value to price is in the public interest, the
governmental entity may assign to price a weighted value of not less than 40 percent of the total
weighted value of all selection criteria; and (4) provide that when the competitive sealed
proposal procurement method is used, the governmental entity shall make the evaluations,
including any scores, public and provide them to all offerors not lat er than the seventh business
day after the date the contract is awarded.
S.B. 19 (Schwertner) – Firearms: would: (1) prohibit a governmental entity from entering into a
contract with a company for the purchase of goods or services unless the contract cont ains a
written verification from the company that it: (a) doesn’t have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (b) will not
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discriminate during the term of the contract against a firearm entity or firearm trade association;
and (2) provide that the prohibition in (1) applies only to a contract paid partly or wholly from
public funds between a governmental entity and a company with at least 10 full -time employees
that has a value of at least $100,000.
S.B. 1014 (Buckingham) – Public Work Contracts: would, among other things: (1) define: (a)
“public work contract” to include work performed on public property leased by a governmental
entity to a nongovernmental entity; and (b) “pri me contractor” to include a person that makes a
public work contract with a person who leases any public property; and (2) require a
performance and payment bond when a governmental entity authorizes a nongovernmental
entity leasing public property from th e governmental entity to contract with a prime contractor.
(Companion bill is H.B. 1477 by K. Bell.)
S.B. 1097 (Creighton) – Public Works Contracts Retainage: would provide that:
1. “warranty period” means the period of time specified in a contract during w hich certain terms
applicable to the warranting of work performed under the contract are in effect;
2. a governmental entity: (a) shall include in each public works contract a provision that
establishes the circumstances under which a public works project is considered substantially
complete; (b) may release the retainage for substantially completed portions of the project, or
fully completed and accepted portions of the project; (c) shall maintain an accurate record of
accounting for the retainage withheld o n periodic contracts payments and the retainage
released to the prime contractor for a public works contract; and (d) shall, for certain public
works contracts with a value of $10 million or more, pay any remaining retainage on periodic
contract payments, and the interest earned on the retainage, to the prime contractor on
completion of the contract;
3. if the total value of a public works contract is $1 million or more, a governmental entity may not
withhold retainage in an amount that exceeds five percent of the contract price, and the rate of
retainage may not exceed five percent for any item in a bid schedule or schedule of values for
the project;
4. except certain contacts funded through the Texas Water Development Board from the limitation
described in (3), above;
5. for a competitively awarded contract with a value of $10 million or more, and for a contract
awarded using a method other than competitive bidding, a governmental entity and prime
contractor may agree to deposit in an interest -bearing account the retainage withheld on
periodic contract payments;
6. a governmental entity may not withhold retainage: (a) after completion of the contract by the
prime contractor, including during the warranty period; or (b) for the purpose of requiring the
prime contractor, after completion of the contract, to perform work on manufactured goods or
systems that were specified by the designer of record and properly installed by the contractor;
7. on application to a governmental entity for final payment and release of retainage, the
governmental entity may withhold retainage if there is a bona fide dispute between the
governmental entity and the prime contractor and the reason for the dispute is that labor,
services, or materials provided by the prime contractor or the prime contractor’s subcontractors
were not provided in compliance with the contract; and
8. if there is no bona fide dispute as described (7), above, and neither party is in default, a prime
contractor is entitled to: (a) cure any noncompliant labor, service s, or materials; or (b) offer the
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governmental entity a reasonable amount of money as compensation for any noncompliant
labor, services, or materials that cannot be promptly cured. (Companion bill is H.B.
692 by Shine.)
S.B. 1098 (Creighton) – Airport Contracts: would provide that: (1) a local government,
including a city, or a person operating an airport on behalf of a local government may not enter
into a contract for the acquisition, construction, improvement, or renovation of airport
infrastructure or equipment, including a terminal, security system, or passenger boarding bridge,
used at an airport or an air navigation facility associated with an airport (an “airport infrastructure
or equipment contract”) with the following entities: (a) an entity th at a federal court determines
has misappropriated intellectual property or trade secrets from another entity organized under
federal, state, or local law and is owned wholly or partly by, is controlled by, or receives
subsidies from the government of a cou ntry that: (i) is identified under federal law as a priority
foreign country; or (ii) is subject to monitoring by the Office of the United States Trade
Representative for compliance with a measure or trade agreement; or (b) any entity that owns,
controls, is owned or controlled by, is under common ownership with, or is a successor to an
entity described by (1)(a), above; and (2) an airport infrastructure or equipment contract for
goods or services entered into by a local government or a person operating an airport on behalf
of a local government must contain a written statement by the entity with which the local
government or person is contracting verifying that the entity is not an entity described by (1),
above. (Companion bill is H.B. 1739 by Romero.)
TRANSPORTATION
H.B. 2637 (Cook) – 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 S.B. 763 by Powell.)
H.B. 2673 (Guillen) – Grants: would provide that, for a grant awarded by the Texas
Department of Transportation for the construction of a transportation proje ct in a county with a
population of less than 25,000 or a city with a population of less than 15,000, the department
must reimburse a grant recipient for costs incurred by the recipient that exceed the amount of
the grant if the project is managed by the department.
H.B. 2700 (Martinez) – Highway Maintenance: would: (1) provide that the Texas Department
of Transportation and a city may enter into an agreement to allow the city to maintain all or a
portion of the state highway right -of -way located in the city or the city’s extraterritorial
jurisdiction; and (2) provide that an agreement under (1) must provide compensation to the city
that is equal to the cost the department would incur if the department or a contractor acting on
behalf of the department main tained the right-of -way.
H.B. 2931 (Israel) – Gas Tax: would increase the rate of the state gasoline tax from 20 to 40
cents per gallon. (Companion bill is S.B. 1041 by Eckhardt.)
S.B. 1041 (Eckhardt) – Gas Tax: would increase the rate of the state gasoline tax from 20 to
40 cents per gallon. (Companion bill is H.B. 2931 by Israel.)
S.B. 1055 (Huffman) – 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 crosswal k and cause bodily
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injury to a pedestrian or a person operating a bicycle, scooter, electronic personal assistive
mobility device, neighborhood electric vehicle, or golf cart. (Companion bill is H.B.
2081 by Reynolds.)
UTILITIES AND ENVIRONMENT
H.B. 11 (Paddie) – Extreme Weather Emergency Preparedness: would: (1) define “extreme
weather emergency” as a period when: (a) the previous day's highest temperature did not
exceed 10 degrees Fahrenheit and the temperature is predicted to remain at or below that leve l
for the next 24 hours according to the nearest National Weather Service reports; or (b) the
National Weather Service issues a heat advisory for any county in the relevant service territory,
or when such an advisory has been issued on any one of the previ ous two calendar days; (2)
require the Public Utility Commission (PUC) to adopt rules that require each provider of
generation in the ERCOT power region to: (a) implement measures to prepare generation
facilities to provide adequate electric generation ser vice during an extreme weather emergency;
(b) make all reasonable efforts to prevent interruptions of service during an extreme weather
emergency; (c) reestablish service within the shortest possible time, should an interruption
occur due to an extreme wea ther emergency; and (d) make reasonable efforts to manage
emergencies resulting from a failure of service caused by an extreme weather emergency,
including issuing instructions to its employees on procedures to be followed in the event of an
extreme weather emergency; (3) require the PUC to adopt rules to require each electric
cooperative, municipally owned utility, and transmission and distribution utility providing
transmission or distribution service in the ERCOT power region to: (a) implement measures t o
prepare facilities to maintain service quality and reliability during a weather emergency; (b)
make all reasonable efforts to prevent interruptions of service during an extreme weather
emergency; (c) reestablish service within the shortest possible time, should an interruption
occur due to an extreme weather emergency; and (d) make reasonable efforts to manage
emergencies resulting from a failure of service caused by an extreme weather emergency,
including issuing instructions to its employees on procedu res to be followed in the event of an
extreme weather emergency; and (4) provide that the rules adopted under (2) and (3) may not
neglect any local neighborhood or geographic area, including rural areas, communities or less
than 1,000 people, and low-income areas.
H.B. 12 (Raymond) – Study on Statewide Extended Power Outage: would:
1. require the Texas Division of Emergency Management to conduct a study on the efficacy of
existing mass notification deployments by local governmental entities throughout this st ate and
the feasibility of establishing a statewide disaster alert system;
2. provide that the study in (1) must: (a) identify the costs to local governmental entities associated
with existing local disaster alert or notification systems; (b) examine the pot ential benefits to
local governmental entities of implementing an alert system in coordination with this state,
including: (i) improving this state's ability to coordinate state and local responses to disasters;
and (ii) eliminating barriers to successful mass notification and communication encountered by
local governmental entities during disasters; (c) examine the importance of a local governmental
entity's discretion regarding the entity’s level and manner of participation in the alert system; (d)
examine potential costs to local governmental entities or this state associated with implementing
the alert system; (e) examine the ability of local governments to communicate with ERCOT, the
PUC, and electric utilities that serve their area; and (f) identify an y state or local governmental
entity actions necessary to implement a comprehensive alert system that would include alerts
related to extended power outages;
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3. provide that TDEM shall prepare a report on the findings of the study and submit it to the
governor, lieutenant governor, and the legislature;
4. provide that an electric utility, ERCOT, and the PUC shall provide information related to the
comprehensive alert system to TDEM on request and such information is confidential and
excepted from disclosure under the Public Information Act;
5. provide that TDEM, with the cooperation of the office of the governor, the PUC, and ERCOT,
may develop and implement a statewide disaster alert system to activate in the event of a
disaster affecting any location in this sta te;
6. provide that if, based on the findings of the study conducted in Number 1, above, the division
and office of the governor conclude that the benefits to this state and local governmental entities
of implementing a coordinated alert system outweigh any additional costs, TDEM, with the
cooperation of the office and other appropriate state agencies and using money available for the
purpose, shall develop and implement the alert system;
7. provide that a local governmental entity that chooses to participate i n an alert system in Number
5, above, may use available local funds for that purpose and may contract with TDEM for
services associated with the alert system and that a local governmental entity is not required to
use local funds to allow an electric utility to participate in the alert system;
8. provide that an alert system in Number 5, above may be: (a) operated in conjunction with any
other emergency alert system required by federal or state law; and (b) designed to notify
persons statewide of a disaster affecting any location in this state;
9. provide that an alert system in Number 5, above, designed to communicate about an extended
power outage must apply to areas served by non -ERCOT utilities;
10. provide that when TDEM determines a disaster has occurred or the occurrence or threat of
disaster is imminent or is notified of a declaration of disaster, TDEM may immediately activate
any alert system implemented in Number 5, above, and that a participating local governmental
entity may, in coordination with TDEM, choose the manner in which the alert system is activated
and notifications are issued within the entity's geographic region;
11. provide that TDEM, or local governmental entity, as appropriate, may issue updated
notifications for the duration of the disaster;
12. require an electric utility to notify ERCOT, the PUC, and TDEM of an interruption in service that
is likely to last more than 24 hours;
13. provide that a notification issued under Number 5, above, may include information necessary to:
(a) assist a person affected by the disaster with making informed decisions regarding the
person’s safety; and (b) enable a person in another location in this state to assist an affected
person;
14. provide that TDEM may terminate the activation of an alert system when: (a) the di vision
determines that the threat or danger has passed or the disaster has been addressed to the
extent that emergency conditions no longer exist; (b) the service interruption caused by the
extended power outage has ended; or (c) the state of disaster is terminated; and
15. provide that TDEM may adopt rules to implement the alert system and may consult with the
PUC, ERCOT, or an electric utility when drafting the rules.
H.B. 17 (Deshotel) – Restriction on Regulation of Utility Services: would: (1) define
“regulatory authority” as the Public Utility Commission, Railroad Commission, or the governing
body of a municipality, in accordance with the context; (2) define “utility” as a person, company,
or corporation engaged in furnishing water, gas, telephone, light, power, or sewage service to
the public; (3) prohibit a regulatory authority, planning authority, or political subdivision of this
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state from adopting or enforcing an ordinance, resolution, regulation, code, order, policy, or
other measure that has the purp ose, intent, or effect of directly or indirectly banning, limiting,
restricting, discriminating against, or prohibiting the connection or reconnection of a utility
service or the construction, maintenance, or installation of residential, commercial, or oth er
public or private infrastructure for a utility service based on the type or source of energy to be
delivered to the end-use customer; (4) prohibit an entity, including a regulatory authority,
planning authority, political subdivision, or utility, from i mposing any additional charge or pricing
difference on a development or building permit applicant for utility infrastructure that: (a)
encourages those constructing homes, buildings, or other structural improvements to connect to
a utility service based on the type or source of energy to be delivered to the end -use customer;
or (b) discourages the installation of facilities for the delivery of or use of a utility service based
on the type or source of energy to be delivered to the end -use customer; and (5) provide that
the bill does not limit the ability of a regulatory authority or political subdivision to choose utility
services for properties owned by the regulatory authority or political subdivision.
H.B. 2563 (Crockett) – Solar Energy: would provide that a transmission and distribution utility
or electric utility must allow the owner of a solar energy device that is interconnected to the
utility’s electricity distribution system, at the discretion of the owner, to: (1) decline to sell
electricity produced by the solar energy device to the distribution system; or (2) temporarily
disconnect from the utility’s electricity distribution system to use on site the electricity produced
by the solar energy device during a power outage or interruption.
H.B. 2573 (Kuempel) – Water Regulations: would provide that a city may not extend into its
extraterritorial jurisdiction a city ordinance that imposes cut and fill depth requirements or other
water quality regulations on a project that are more stringent than the app licable minimum state
and federal water quality requirements unless the project is located in an area that is an aquifer
recharge or contributing zone.
H.B. 2604 (Allison) – Load Shedding: would require the Public Utility Commission to adopt
rules that require each electric utility, municipally owned utility, and electric cooperative to
exclude any circuits that provide power to a public elementary or secondary school facility from
participation in the utility's or cooperative's attempt to shed load in re sponse to a rolling blackout
initiated by an independent organization or another reliability council or power pool in which the
utility or cooperative operates.
H.B. 2638 (Meza) – Load Shedding: would require the Public Utility Commission to adopt rules
that require each electric utility, municipally owned utility, and electric cooperative that is subject
to a rolling blackout initiated by an independent organization or another reliability council or
power pool in which the utility or cooperative operates t o rotate customer curtailment so that no
part of the distribution system that serves a multifamily property with more than 25 units is
subject to an outage of more than 6 hours.
H.B. 2642 (Campos) – Load Shedding: would provide that a municipal housing au thority, in
cooperation with the municipality in which the authority is located and with any electric utility,
municipally owned utility, or electric cooperative that provides power to housing facilities
operated by the authority, shall prioritize in an emergency the provision of electric utility services
to each housing facility that is operated by the authority and that has residents that are elderly
or disabled individuals.
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H.B. 2646 (Jarvis Johnson) – Concrete Plant: would provide that, in determining whether to
approve an application for a standard permit for a concrete batch plant, the executive director of
the Texas Commission on Environmental Quality must base the decision, in part, on a
consideration of the potential harm to local property values and the location of the facility
relative to homes, schools, churches, parks, and other community assets.
H.B. 2652 (Larson) – Surface Water and Groundwater Study: would establish an advisory
board to study surface water and groundwater interaction and requ ire the board to provide a
report of its findings to the governor, lieutenant governor, speaker of the house of
representatives, and each member of the legislature. (Companion bill is S.B.
1039 by Eckhardt.)
H.B. 2661 (Muñoz) – Rolling Blackouts: would require the Public Utility Commission to: (1)
adopt rules that require each electric utility, municipally owned utility, and electric cooperative
that is subject to a rolling blackout initiated by an independent organization to rotate customer
curtailment so that no customer is subject to an outage of more than 12 hours; and (2) conduct
a study on: (a) methods to make the imposition of a rolling blackout equitable across Texas; and
(b) measures needed in Texas to prevent the necessity of rolling blackouts.
H.B. 2686 (Reynolds) – Interconnection of Transmission Facilities: would require the Public
Utility Commission to: (1) identify transmission facilities in ERCOT that may be interconnected
with transmission facilities outside of ERCOT for the purpose of allow ing federal regulation of
transmission service and wholesale power sales in ERCOT; and (2) require an electric utility,
municipally owned utility, or electric cooperative that owns a transmission facility identified in (1)
to make requests, obtain approvals, enter into contracts, and construct facilities as necessary to
interconnect the facility with a transmission facility outside of ERCOT.
H.B. 2687 (Reynolds) – Prevention of Power Blackouts: would, among other things: (1)
require the Public Utility Commission to adopt rules that require a power generation company
operating in the ERCOT power region to: (a) weatherize the company's generation facilities and
associated equipment on an annual basis so that the facilities and equipment are able to
operate in extreme cold and heat; and (b) submit annual weatherization plans to the PUC and
the independent organization for the ERCOT power region; (2) provide that if the PUC or
independent organization for the ERCOT power region determines that changes in the amou nts
of existing ancillary service obligations required by load serving entities are needed: (a) the PUC
by rule may address the imbalance; and (b) the independent organization may make changes to
its ancillary service obligations through a stakeholder proc ess to address the imbalance; (3)
require the PUC to adopt rules to establish a process for obtaining emergency response
services in addition to ancillary services as appropriate to prevent rolling blackout conditions
caused by shortages of supply in the E RCOT power region; (4) require the PUC to ensure that
the total cost for ensuring emergency response services does not exceed $100 million annually;
(5) in accordance with the rules in (3), require the independent organization for the ERCOT
power region to contract with qualified loads, electric storage companies, and power generation
companies, including aggregation of loads and generators, for a defined amount of emergency
response service capacity the organization may call on to ensure that power shortag es or
demand spikes do not create a need for rolling blackouts; and (6) provide that before the
independent organization for the ERCOT power region calls on the emergency response
service capacity to prevent rolling blackouts, the organization shall use al l market sources of
power, including electric energy storage and demand reduction, in accordance with PUC rules.
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H.B. 2708 (Patterson) – Hazardous and Solid Waste Remediation Fee: would provide that
money in the account attributable to fees on the sale of batteries may be used for environmental
remediation at the site of a closed battery recycling facility located in the city limits of a city if the
city submits to the Texas Commission on Environmental Quality a voluntary compliance plan for
the site and is paying or has paid for part of the costs of the environmental remediation of the
site.
H.B. 2717 (Landgraf) – Boil Water Notices: would: (1) require the operator of a public drinking
water supply system, when required by a Texas Commission on Environmental Quality rule to
issue a boil water notice to its customers, to: (a) provide the notice in writing to each customer
as prescribed by TCEQ rule to the street address of the customer; and (b) attempt to reach
each customer by electronic means to provide notice as prescribed by TCEQ rule; (2) require
the operator of a public drinking water supply system to notify each customer that the boil water
notice has expired in the manner described by (1); and (3) provide that TCEQ may require that
a public utility that furnishes water to the public complete a program of weatherization if TCEQ
finds that the public utility is at risk of being unable to provide water to customers for a
significant period of time due to weather-related failures in equipment or infrastructure.
H.B. 2762 (Rogers) – Load Shedding: would require the Public Utility Commission to adopt
rules that require each electric utility, municipally owned utility, and electric cooperative to
exclude any circuits that provide power to a hospital facility o r to a facility necessary to provide
water to wholesale customers from participation in the utility's or cooperative's attempt to shed
load in response to a rolling blackout initiated by an independent organization or another
reliability council or power pool in which the utility or cooperative operates.
H.B. 2768 (Rogers) – Load Shedding: would require the Public Utility Commission to adopt
rules that require each electric utility, municipally owned utility, and electric cooperative to
exclude any circuits that provide power to a commercial or public radio or television
broadcasting facility from participation in the utility's or cooperative's attempt to shed load in
response to a rolling blackout initiated by an independent organization or another reliability
council or power pool in which the utility or cooperative operates.
H.B. 2786 (Vasut) – Load Shedding: would: (1) define “critical customer” as a customer for
whom electric service is considered crucial for the protection or maintenance of publ ic safety,
including a: (a) hospital facility; (b) nursing facility, assisted living facility, or facility that provides
hospice services; (c) police or fire station; or (d) critical water and wastewater facility; (2) define
“critical industrial or residential customer” as: (a) an industrial customer for whom an interruption
or suspension of electric service would create a dangerous or life -threatening condition on the
customer's premises; or (b) a residential customer who has a person permanently residing in
the customer's home who has been diagnosed by a physician as: (i) having a serious medical
condition that requires an electric-powered medical device or electric heating or cooling to
prevent the impairment of a major life function through a significant deterioration or exacerbation
of the person's medical condition; or (ii) being dependent upon an electric -powered medical
device to sustain life; (3) except as provided by (4) and (5), require the Public Utility
Commission to adopt rules that require each electric utility, municipally owned utility, and
electric cooperative that is subject to a rolling blackout initiated by an independent organization
to: (a) exclude any parts of the utility's or cooperative's distribution system that provide power to
a critical customer from participation in the utility's or cooperative's attempt to shed load; and (b)
rotate curtailment of all other parts of the distribution system so that no customer is subject to an
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outage of more than: (i) 24 hours; or (ii) 12 hours dur ing an extreme weather emergency; (4)
provide that the PUC may allow an electric utility, municipally owned utility, or electric
cooperative to maintain an outage for more than 24 hours for a part of the distribution system if
necessary to supply critical customers; and (5) provide that the PUC may require that an electric
utility, municipally owned utility, or electric cooperative exclude a critical industrial or residential
customer from load shedding under (3)(a).
H.B. 2805 (Goodwin) – Public Utility Agency Boards: would: (1) provide that if a public utility
agency has a service area that includes the unincorporated area of a county that is outside the
boundaries of the agency's participating public entities, the commissioners court of the county
that is outside the boundaries of the agency’s participating public entities may appoint the same
number of directors as the number appointed by the participating public entity with the largest
population that is less than the population of the unincorporated area ; and (2) require a director
of a public utility agency to be a customer of the public utility agency and reside in the area
served by the agency.
H.B. 2814 (C. Turner) – Oil and Gas Wells: would provide that: (1) the Railroad Commission of
Texas must require an applicant for a permit to drill a new oil or gas well to indicate in the
application whether the proposed well site is located within 1,500 feet of the property line of a
child-care facility, private school, or primary or secondary public school; (2 ) the Railroad
Commission may not grant an application for a permit to drill a new oil or gas well that is located
within 1,500 feet of the property line of a child -care facility, private school, or primary or
secondary public school unless: (a) the commis sion holds a public hearing in the county in
which the proposed well site is located to receive public comments on whether granting the
permit application is in the public interest; and (b) the commission considers the comments
received when determining whether to grant the application; and (3) the bill does not affect the
authority of a political subdivision to enact, amend, or enforce an ordinance or other measure
related to the drilling of new oil or gas wells.
H.B. 2816 (Thierry) – Electric Reliability Standards: would require the independent
organization to determine the amount of reserve capacity necessary to maintain a one -in-ten
reliability standard in the ERCOT power region.
H.B. 2828 (Canales) – One-Time Payment to Utility Customers: would, among other things:
(1) require the Public Utility Commission to establish a program to provide onetime cash
payments from state funds appropriated for that purpose to retail customers of municipally
owned utilities, electric cooperatives, and retail electric pr oviders in the ERCOT power region in
the amount of: (a) $250 for each residential retail account; and (b) $250 for each commercial
retail account; and (2) require each municipally owned utility, electric cooperative, and retail
electric provider to provide to the PUC a list of each retail account served by the utility,
cooperative, or provider after February 13, 2021, and before February 19, 2021.
H.B. 2838 (Longoria) – Rolling Blackouts: would: (1) require the Public Utility Commission to
adopt rules that require each electric utility, municipally owned utility, and electric cooperative
that is subject to a rolling blackout initiated by an independent organization to rotate customer
curtailment so that no customer is subject to an outage of more than 12 hou rs; and (2) provide
that the PUC may make exceptions to the requirements in (1) to the extent necessary to supply
facilities the PUC determines are critical to maintaining public health and safety.
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H.B. 2849 (Larson) – Winter Weather Emergency Preparedness: would require the Public
Utility Commission to adopt rules that require each provider of generation in the ERCOT power
region to implement measures to prepare the provider’s generation facilities to provide adequate
electric generation during a winter we ather emergency.
H.B. 2861 (Bucy) – Load Shedding: would require the Public Utility Commission to adopt rules
to require each electric utility, municipally owned utility, and electric cooperative to exclude any
circuits that provide power to a facility that treats patients with end stage renal disease from
participation in the utility's or cooperative's attempt to shed load in response to a rolling blackout
initiated by an independent organization or another reliability council or power pool in which the
utility or cooperative operates.
H.B. 2877 (Beckley) – Notice of Widespread Outage: would provide that as soon as
practicable after: (1) an electric utility, municipally owned utility, or electric cooperative
experiences a widespread power outage or a widespread electric service emergency, the utility
or cooperative shall notify by telephone and e -mail each: (a) United States senator who
represents Texas; (b) member of the United States House of Representatives who represents a
district affected by the disruption or emergency; (c) statewide elected official; (d) member of the
legislature who represents a district affected by the disruption or emergency; (e) elected official
of a county government who represents an area affected by the disruption or emergency ; and (f)
elected official of a municipal government who represents an area affected by the disruption or
emergency; (2) an electric utility, municipally owned utility, or electric cooperative experiences a
widespread natural gas shortage or a widespread n atural gas emergency, the utility or
cooperative shall notify by telephone and e -mail each: (a) United States senator who represents
Texas; (b) member of the United States House of Representatives who represents a district
affected by the disruption or eme rgency; (c) statewide elected official; (d) member of the
legislature who represents a district affected by the disruption or emergency; (e) elected official
of a county government who represents an area affected by the disruption or emergency; and (f)
elected official of a municipal government who represents an area affected by the disruption or
emergency; and (3) a retail public utility experiences a widespread water service outage or a
widespread water service emergency, the utility shall notify by telep hone and e-mail each: (a)
United States senator who represents Texas; (b) member of the United States House of
Representatives who represents a district affected by the disruption or emergency; (c) statewide
elected official; (d) member of the legislature who represents a district affected by the disruption
or emergency; (e) elected official of a county government who represents an area affected by
the disruption or emergency; and (f) elected official of a municipal government who represents
an area affected by the disruption or emergency.
H.B. 2898 (Lopez) – Utility Shutoff Notice: would provide that: (1) not later than three hours
after an electric utility, municipally owned utility, or electric cooperative intentionally shuts off
electric power to a customer in response to an emergency event, the utility or cooperative shall
notify the customer by e-mail or text message of: (a) the shutoff; (b) the estimated time and date
that the utility or cooperative will restore electric power to the customer; and (c) whether the
shutoff is part of a rolling outage; and (2) not later than three hours after a retail public utility
intentionally shuts off water service to a customer in response to an emergency event, the utility
shall notify the customer of the shutoff and the estimated time and date that the utility will
restore water service to the customer by e -mail or text message.
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H.B. 2905 (Morrison) – Public-Private Partnership Water Projects: would provide that: (1) a
person that receives money from the state water implementation revenue fund may enter into
an agreement with a private entity to design, develop, finance, or construct a certain projects
funded by the Texas Water Development Board and may use money received from the fund to
make payments for the agreement; (2) an eligible political subdivision that receives money from
the flood infrastructure fund may enter into a contract as provided for by law with a private entity
to design, develop, finance, or construct a flood project and may use money from the fu nd to
make payments under a contract; and (3) an eligible political subdivision that receives money
from the water infrastructure fund may enter into a contract as provided for by law with a private
entity to design, develop, finance, or construct a flood project and may use money from the fund
to make payments under a contract.
H.B. 2979 (Paul) – Backup Power Supply: would: (1) require the Commission on State
Emergency Communications to develop minimum performance standards for equipment and
operation of 9-1-1 service to be followed in developing regional plans, including requirements
that the plans provide for the installation and use of a backup power supply for a power outage;
(2) require a city that owns or operates a utility service to provide water se rvice to ensure that
the utility system has a backup power supply for water treatment during a power outage; and (3)
provide that the Texas Commission on Environmental Quality may not grant a new certificate of
convenience and necessity to an applicant unless the applicant demonstrates that the applicant
has a backup power supply for water treatment during a power outage.
H.B. 2990 (Shaw) – Permit Applications Available Online: would, among other things,
require an applicant: (1) for certain environmental a nd water use permits issued by the Texas
Commission on Environmental Quality to post a copy of the application on a publicly accessible
Internet website and provide to TCEQ the address of the website; and (2) applying to
appropriate unappropriated state wa ter to post a copy of the application, the map, and any
supporting materials on a publicly accessible Internet website and provide TCEQ with the
address of that website in its application. (Companion bill is S.B. 348 by Zwiener.)
H.B. 2991 (Shaw) – Rolling Blackouts: would require the Public Utility Commission to adopt
rules to require each electric utility, municipally owned utility, and electric cooperative: (1) to
exclude any circuits that provide power to an assisted living facility, a facility that pr ovides
hospice services, or a nursing facility from participating in the utility’s or cooperative’s attempt to
shed load in response to a rolling blackout initiated by an independent organization or another
reliability council or power pool in which the ut ility or cooperative operates; and (2) to rotate
customer curtailment so that no part of the distribution system is subject to an outage of more
than 12 hours in a 24 hour period when it is subject to a rolling blackout initiated by an
independent organization or another reliability council or power pool in which the utility or
cooperative operates.
H.B. 3030 (Goodwin) – Notice of Outage: would: (1) define “significant interruption of service”
as an interruption of essential products and services provided b y a public service provider that
lasts one or more hours and affects the provider's entire system, a major division of the
provider's system, a community, a critical load, or service to interruptible customers, and a
scheduled interruption lasting more than four hours that affects customers who are not notified
in advance and includes: (a) a loss of service to 20 percent or more of the provider's customers,
or 20,000 customers for a provider serving more than 200,000 customers; and (b) interruptions
adversely affecting a community such as interruptions of governmental agencies, military bases,
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universities and schools, major retail centers, and major employers; (2) require all public service
providers to enter into a contract for an emergency notification sy stem for use in informing the
provider’s customers, governmental entities, and other affected persons regarding: (a) notice of
a disaster, emergency, or significant interruption of service; and (b) any actions a recipient is
required to take during a disaster, emergency, or significant interruption of service; (3) require
the emergency notification system under a contract in (2) to provide notice of a significant
interruption of service as soon as reasonably possible after the interruption occurs and includ e
in the notification: (a) the general location of the interruption; (b) the cause of the interruption, if
known; (c) the date and time that the interruption began; (d) the estimated date and time that
service will be restored; and (e) the name and telepho ne number of the public service provider;
and (4) provide that if the duration of a significant interruption of service is longer than 24 hours,
the emergency notification system under a contract in (2) must provide an update to the
information required in (3) not less than once every 24 hours that the interruption continues.
H.B. 3038 (Goodwin) – Electric Distribution Upgrades: would, among other things: (1)
require each transmission and distribution utility, municipally owned utility, and electric
cooperative to install and connect to an information network, for each customer, an advanced
meter capable of allowing the utility or cooperative to shut off the customer's power when a
rolling blackout is necessary; (2) require a transmission and distribution ut ility, municipally
owned utility, and electric cooperative to develop or acquire the equipment or software
necessary to shut off a customer’s power in the event of a rolling blackout by using an advanced
meter in (1); (3) require a utility or cooperative t o make the software in (2) available to: (a) a
county or municipal government, for the purpose of identifying critical load public safety
customers; and (b) a retail electric provider, for the purpose of providing the utility or cooperative
with a preferential order for customer curtailment; (4) require each transmission and distribution
utility, municipally owned utility, and electric cooperative to make upgrades to the distribution
system operated by the utility or cooperative for the purpose of more even ly distributing a rolling
blackout; (5) require each transmission and distribution utility, municipally owned utility, and
electric cooperative to install under-frequency relays throughout the distribution system
operated by the utility or cooperative and rotate which relays are active every year; (6) provide
that a transmission and distribution utility, municipally owned utility, and electric cooperative
may recover reasonable and necessary costs incurred in implementing (1)-(5); (7) require each
transmission and distribution utility, municipally owned utility, and electric cooperative to make a
plan for using advanced metering technology, software, equipment, and other upgrades to a
distribution system authorized by the bill to deploy a rolling blackout; (8) provide that a critical
load public safety customer includes: (a) long -term care facilities; (b) food pantries; (c) homeless
shelters; (d) temporary shelters identified by the county government; and (e) critical
telecommunications facilities; (9) require the Public Utility Commission to allow the county to
designate a critical load public safety customer; (10) require a transmission and distribution
utility, municipally owned utility, or electric cooperative to identify customers in the utility’s or
cooperative’s service area who qualify as critical load public safety customers under PUC rules
and are not designated as critical load public safety customers; and (11) require a utility or
cooperative to notify the following entities of any critical load pub lic safety customers identified
in (10): (a) the PUC; (b) the independent system operator for the ERCOT power region, if
applicable; and (c) a county or municipality where the customer resides.
H.B. 3059 (Guerra) – Load Shedding: would require the Public Utility Commission to adopt
rules to require each electric utility, municipally owned utility, and electric cooperative to exclude
any circuits that provide power to a facility necessary to provide water to wholesale customers
and a facility necessary to provide natural gas transmission services from participation in the
105
utility’s or cooperative’s attempt to shed load in response to a rolling blackout initiated by an
independent organization or another reliability council or power pool in which the utility o r
cooperative operates.
H.B. 3061 (Davis) – Electricity Generation: would: (1) require the Public Utility Commission to
adopt rules that require each provider of generation in the ERCOT power region to: (a) submit to
the PUC annual maintenance plans showin g how the provider will maintain generation assets;
(b) periodically inspect and maintain generation assets to ensure that the assets can withstand
extreme weather conditions; and (c) report to the independent organization for the ERCOT
power region annual forecasts of the provider’s generation capacity for a five -year period
beginning with the year following the year in which the forecast is submitted; (2) require the
PUC to require a person who operates a natural gas generation facility to maintain at the site of
the facility an amount of natural gas as a reserve that will allow the facility to provide generation
for at least 48 hours that equals at least 10 percent of the net dependable capability of the
facility in the event of a natural gas shortage; (3 ) define “net dependable capability” as the
maximum load in megawatts, net of station use, which a generating unit or generating station
can carry under specified conditions for a given period of time, without exceeding approved
limits of temperature and stress; and (4) require the PUC to submit a report to the legislature on
the potential costs and benefits of establishing an emergency strategic electric energy reserve,
including the feasibility of establishing a natural gas reserve and of constructing a s tate-owned
power plant.
H.B. 3079 (Larson) – Water and Sewer Rates: would, among other things: (1) provide that the
Public Utility Commission may not hold a hearing or otherwise prescribe just and reasonable
amounts to be charged under a contract for the rates a municipally owned utility charges if it
furnishes wholesale water or sewer service to another political subdivision unless the PUC
determines the amount charged under the contract harms the public interest; and (2) provide a
judicial review process to challenge a PUC decision in (1). (Companion bill is S.B.
997 by Nichols.)
H.B. 3084 (Larson) – Interregional Water Projects: would, among other things: (1) provide
that the purpose of the interregional water planning council is to: (a) identify and pr opose water
projects for the state water plan that involve multiple water planning areas; (b) develop
proposals for innovative funding mechanisms for the projects identified in (1)(a); and (c) share
best practices regarding operation of the regional, inter regional, and state water planning
processes; and (2) require the council to prepare a report to the Texas Water Development
Board on the council’s work, including projects and funding methods proposed under (1)(a) and
(b).
H.B. 3090 (Vasut) – Power Generation: would: (1) define “intermittent power generation
facility” as a power generation facility with a power output that, in the course of the facility's
ordinary and proper operation, cannot be predicted, controlled, or varied at will and includes a
solar or wind generation facility; and (2) provide that an intermittent power generation facility,
the construction of which began after September 1, 2021, may not operate in Texas unless the
owner of the facility certifies to the Public Utility Commission tha t, in the event of a power output
disruption at the facility: (a) the owner can supply or has a contract that guarantees the supply
of not less than 50 percent of the facility's average output over a 48 -hour period; and (b) the
owner's additional or contra cted power supply comes from: (i) a power generation facility with a
power output that, in the course of the facility's ordinary and proper operation, can be predicted,
106
controlled, or varied at will, including a hydroelectric, biomass, natural gas, coal, o r nuclear
generation facility; or (ii) an electric energy storage facility.
H.B. 3177 (Rosenthal) – Power Generation: would provide that a transmission and distribution
utility, municipally owned utility, or electric cooperative that transmits or distribut es power
purchased at wholesale in the ERCOT power region may construct, own, and operate facilities
as necessary to: (1) access transmission service from outside of the ERCOT power region; and
(2) purchase power at wholesale from outside of the ERCOT powe r region.
H.B. 3181 (Rosenthal) – Electric Emergency Preparedness: would require the Public Utility
Commission to: (1) adopt rules that require each provider of generation in the ERCOT power
region to implement measures to prepare the provider's generation facilities to provide full
electric generation service at ambient temperatures between 0 degrees Fahrenheit and 120
degrees Fahrenheit; and (2) reduce the base capacity rating of a generation facility that is
operated in violation of a rule adopted under (1) by 10 percent annually until the generation
facility is no longer in violation or until the base capacity rating is reduced to zero.
H.B. 3182 (Rosenthal) – Gas Pipeline and Electric Emergency Preparedness: would,
among other things: (1) require the Public Utility Commission to adopt rules that require each
provider of generation in the ERCOT power region to: (a) prepare, submit to the PUC, and
update as necessary an emergency operations plan for providing adequate electric generation
service during a weather emergency; and (b) implement measures to prepare generation
facilities to provide adequate electric generation service during a weather emergency; (2)
require 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: (a) prepare, submit to the PUC, and update as necessary an
emergency operations plan for maintaining service quality and reliability dur ing a weather
emergency; and (b) implement measures to prepare facilities to maintain service quality and
reliability during a weather emergency; (3) provide that an emergency operations plans under
(1) and (2) are public information except for the portion s considered confidential under the
Public Information Act or other state or federal law; (4) require the Railroad Commission to
adopt rules regarding measures gas pipeline facility operators must implement to prepare gas
pipeline facilities to maintain se rvice quality and reliability during a weather emergency; (5)
require the PUC to analyze the emergency operations plans in (1) and (2) and prepare an
annual weather emergency preparedness report on power generation, transmission, and
distribution for submission to the lieutenant governor, the speaker of the house of
representatives, and the members of the legislature; and (6) provide that the PUC may require
an updated report from a utility in (1) and (2) if the PUC finds that an emergency operations plan
on file does not contain adequate information to determine whether the entity can provide
adequate service during a weather emergency.
H.B. 3183 (Rosenthal) – Gas Pipeline and Wells Emergency Preparedness: would, among
other things: (1) require the Railroad Commission to adopt rules that require an operator of a
gas well to: (a) implement measures to prepare the well to operate during sustained periods of
cold weather; and (b) provide to the RRC a biannual report of the efforts the operator has taken
to implement the measures required in (1)(a); (2) provide that a failure to submit a report under
(1)(b) is punishable by: (a) for a first violation, a fine of $5,000; and (b) for a subsequent or
continuing violation of more than four months: (i) a fine of $7,500; or (ii) a revocation of each
permit authorizing the operation of a well for which a report has not been submitted; (3) require
107
the RRC to submit an annual report to the legislature regarding the rules adopted under (1); (4)
require 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
sustained periods of cold weather, including requi ring: (a) the installation of condensate drains
in pipelines; (b) that drains installed in (4)(a) be installed in a manner that ensures the drain
remains free of frost at all times; and (c) that valves, pumps, and other pressure -sensitive
equipment be protected from weather by insulation or heaters; (5) require a pipeline facility
operator to submit to the RRC a biannual report of the efforts the operator has taken to
implement the measures in (4)(c); and (6) provide that a failure to submit a report in (5) is
punishable by: (a) for a first violation, a fine of $5,000; and (b) for a subsequent or continuing
violation of more than four months: (i) a fine of $7,500; or (ii) a revocation of each permit
authorizing the operation of the pipeline facility.
H.B. 3213 (Sherman) – Electric and Gas Emergency Preparedness: would: (1) require the
Railroad Commission to adopt rules that require an operator of a gas well to implement
measures to prepare the well to operate during a weather emergency; (2) require the Public
Utility Commission to adopt rules that require each provider of generation in the ERCOT power
region to: (a) ensure that adequate maintenance and inspection of freeze protection elements is
conducted on a timely and repetitive basis; (b) inspect and maintain generating unit heat tracing
equipment; (c) inspect and maintain generating unit thermal insulation; (d) make a plan to erect
adequate windbreaks and enclosures, where needed; (e) develop and annually conduct winter -
specific and plant-specific operator awareness and maintenance training; (f) ensure that
winterization supplies and equipment are in place before the winter season; (g) ensure that
adequate staffing is in place for cold weather events; (h) take preventative action in anticipation
of cold weather events in a timely manner; (i) install insulation and heated pipes as necessary;
(j) use crushers to break up frozen coal; (k) ensure that equipment can withstand ambient
temperatures of -40 degrees Fahrenheit for at least two days; and (l) heat any w ind turbines and
ensure that the turbines can withstand temperatures of -22 degrees Fahrenheit for at least two
days; (3) require the PUC to adopt rules that require each electric cooperative, municipally
owned utility, and transmission and distribution ut ility providing transmission or distribution
service in the ERCOT power region to: (a) ensure that transmission facilities are capable of
performing during cold weather conditions; (b) ensure that communications responsibility is
placed on more than one system operator or on several key personnel during an emergency; (c)
consider using persons who are not otherwise responsible for emergency operations for
communications during an emergency or likely emergency; (d) conduct critical load review for
gas production and transmission facilities and determine the level of protection such facilities
should be accorded in the event of system stress or load shedding; (e) train operators in proper
load shedding procedures and conduct periodic drills to maintain load sh edding skills; (f) install
insulation and heated pipes as necessary; and (g) ensure that equipment can withstand ambient
temperatures of -40 degrees Fahrenheit for at least two days; and (4) require an independent
organization for the ERCOT power region to : (a) communicate with transmission and distribution
utilities, municipally owned utilities, and electric cooperatives about deteriorating weather
conditions in a timely manner; and (b) provide transmission and distribution utilities, municipally
owned utilities, and electric cooperatives with access to information about loads on the systems
of the utilities and cooperatives that could be curtailed by the organization to provide operating
reserves or as emergency interruptible load service.
S.B. 952 (Hinojosa) – Concrete Batch Plants: would require a plot plan for an application for a
standard permit for a concrete batch plant issued by the Texas Commission on Environmental
Quality. (Companion bill is H.B. 416 by Walle.)
108
S.B. 953 (Hinojosa) – Concrete Plants: would extend the distance within which a concrete
plant or crushing facility must be from a single - or multi-family residence, school, or place of
worship from 440 yards to 880 yards. (Companion bill is H.B. 56 by Jarvis Johnson.)
S.B. 997 (Nichols) – Water and Sewer Rates: would, among other things: (1) provide that the
Public Utility Commission may not hold a hearing or otherwise prescribe just and reasonable
amounts to be charged under a contract for the rates a municipally owned utility charge s if it
furnishes wholesale water or sewer service to another political subdivision unless the PUC
determines the amount charged under the contract harms the public interest; and (2) provide a
judicial review process to challenge a PUC decision in (1). (Co mpanion bill is H.B.
3079 by Larson.)
S.B. 1039 (Eckhardt) – Surface Water and Groundwater Study: would establish an advisory
board to study surface water and groundwater interaction and require the board to provide a
report of its findings to the governor, lieutenant governor, speaker of the house of
representatives, and each member of the legislature. (Companion bill is H.B. 2652 by Larson.)
109
Parks and Recreation staff and consultants from Associates, Inc.
are hosting the virtual meeting to receive input for the development of the
NEW master plan that will serve as a road map for long-range priorities for parks,
trails, recreation facilities, operations, programs, preservation, and maintenance.
Virtual Community Input Meeting
Thursday, March 18 | 6 p.m.
Denton Parks, Recreation,
and Trails Master Plan
Virtual Community Meeting
To attend, email your name and phone number for a Zoom link.
For details on how to participate in a virtual community meeting,
visit www.cityofdenton.com/virtualcommunitymeeting.
110
3/12/2021 2021 Council Request Launchpad - Smartsheet.com
https://app.smartsheet.com/b/publish?EQBCT=bad5ed0da18740a595153ae72b67c370 1/1
FY 20/ 21 Council Requests
Open Requests All Time Request Volume by
Council Person
Some requests involve multiple departments, causing the
total requests by department to add up higher than the
total request count
Total Open
Requests
9
Requests made by Quarter
Requests Answered by Department FY
20/21
Elected Official
Submit New
Request
111
Policy and Worksession RequestsCouncil 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 the March 16 PendingCouncil Request work session2Council 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 Report3Mayor 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 Report4Council 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 Report5Council 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 the March 16 PendingCouncil Request work session6Council Member Armintor03/07/21Another question about the SED neighborhood streets & sidewalks project: Is the plan for the SEDneighborhood streets & sidewalks project (with a projected completion date of 2025) to be paid for100% with 2019 bond funds, or is it expected or possible that some percentage of the funding mightcome from CDBG funds or other funding sources?Rachel WoodPublic Works -CIPInformation will be provided in a future Friday Report7Council Member Armintor03/09/21I'm writing to follow up to ask how it's going with exploring additional lighting, signage, and visibilityat the Hinkle roundabout, including lighting circling the actual roundabout itself? I like the signage atthe Bonnie Brae roundabout, and I think that level of signage would help here.Becky DivineyPublic Works-TrafficInformation will be provided in a future Friday Report8Mayor Pro Tem Davis03/10/21Western end of Windsor, at the I-35 frontage road. When will the temporary asphalt extension of thewest-bound lane be replaced with a permanent road surface with curb-and-gutter? The currentsurface is very poor, and is basically right on grade.Becky DivineyPublic WorksInformation will be provided in a future Friday Report9Council Member Meltzer03/12/21I’d like to see the original brochure or website that was used to explain the proposal for the DEC tothe public probably around 2016. It was called the Renewable Denton Plan. I’ve cc’d Rosa in casethis is more in her world.Antonio PuenteDMEInformation will be provided in a future Friday ReportPage 1 of 1Exported on March 12, 2021 2:00:11 PM CST112
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 Cancelled-12:00 pm - DCRC 5:00pm - P&Z 18 9:00 am - Community Partnership Committee 3:00 pm - CoPwD 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 113
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 30 114
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 115
City Council
City of Denton
Meeting Agenda
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Council Work Session Room11:30 AMTuesday, March 23, 2021
JOINT MEETING WITH THE PUBLIC UTILITIES BOARD
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 via
video/teleconference. Further, the Public Utilities Board Members will be participating via vide/teleconference
which will be duly noted within their respective agenda.
After determining that a quorum is present, the Joint Meeting of the City Council of the City of Denton and the
Public Utilities Board will be held on Tuesday, March 23, 2021, at 11:30 a.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. Work Session Reports
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. DME
2. Water/Waste Water
ID 21-341A.
The City Council and Public Utilities Board reserve 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.
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 19th 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.
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March 23, 2021City Council Meeting Agenda
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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 23, 2021
Special Called Meeting
WORK SESSION BEGINS AT 3:00 P.M. IN THE COUNCIL WORK SESSION ROOM
CITY COUNCIL CONSIDERATION OF THE CONSENT AGENDA AND ITEMS FOR
INDIVIDUAL CONSIDERATION WILL BEGIN IMMEDIATELY FOLLOWING THE
CLOSED MEETING 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 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 23, 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 19, 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
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March 23, 2021City Council Meeting Agenda
• 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.
• 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 23, 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 the FY 2019-2020
Comprehensive Annual Financial Report and annual audit.
ID 21-485A.
Receive a report, hold a discussion, and give staff direction regarding an update on the
87th Session of the Texas State Legislature
ID 21-080B.
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. Parks and Recreation
2. Community Services
3. Finance/Purchasing/Warehouse/Compliance
4. Public Affairs/DTV
ID 21-342C.
Receive a report, hold a discussion, and give staff direction on pending City Council
requests for information for:
ID 20-2388D.
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March 23, 2021City Council Meeting Agenda
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. --
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.
Following the completion of the Closed Meeting, the City Council will convene in a Special Called Meeting to
consider the following items:
1. 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 – G). 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 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 the Texas Woman’s
University (TWU) Area Capital Projects Program; Bell Avenue Temporary Roundabouts
- Phase 1 for Capital Projects-Engineering Department, as set forth in the contract;
providing for the expenditure of funds therefor; and providing an effective date (RFQ
6590-107 - Professional Services Agreement for engineering services awarded to
Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $109,700.00).
ID 21-421A.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal ID 21-492B.
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March 23, 2021City Council Meeting Agenda
corporation, authorizing the City Manager, or their designee, to execute a Professional
Services Agreement with Bridgefarmer & Associates, Inc., for the Texas Woman’s
University (TWU) Area Capital Projects Program - Phase 1 for Capital
Projects-Engineering Department, as set forth in the contract; providing for the
expenditure of funds therefor; and providing an effective date (RFQ 6590-106 -
Professional Services Agreement for engineering services awarded to Bridgefarmer &
Associates, Inc., in the not-to-exceed amount of $1,577,270.00).
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the Interim City Manager to execute Amendment 1 to Agreement
with CASA of Denton County to extend to April 30, 2021 the term of an Agreement to
construct certain improvements to facilities located at 604 and 610 North Bell Avenue;
and providing an effective date.
ID 21-450C.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the Interim City Manager to execute Amendment 1 to Agreement
with Grace Like Rain, Inc. to extend to June 30, 2021 the term of an Agreement for
reimbursement of pre-development costs in connection with the proposed construction of
a community village at 4000 E. McKinney Street; and providing an effective date.
ID 21-461D.
Consider adoption of an ordinance of the City of Denton, Texas authorizing the Interim
City Manager or her designee to execute an underground sprinkler license and mowing
agreement between the City of Denton and the Meadows at Hickory Creek Owners
Association, regarding an underground sprinkler license and mowing agreement pertaining
to land located within the right-of-way of Vintage Boulevard between Bonnie Brae Street
and State Highway 377, city and county of Denton, Texas; authorizing the expenditure of
funds therefor; and providing an effective date.
ID 21-477E.
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 Hazen and Sawyer, P.C. for reclamation solids handling for the
Pecan Creek Water Reclamation Plant; providing for the expenditure of funds therefor;
and providing an effective date (RFQ 7350 - Professional Services Agreement for
reclamation solids handling services awarded to Hazen and Sawyer, P.C., in the
not-to-exceed amount of $1,993,302.00).
ID 21-488F.
Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal
corporation, authorizing the approval of the first amendment to the Professional Services
Agreement between the City of Denton and Freese and Nichols, Inc., amending the
contract approved by the City Council on June 13, 2016, in the not-to-exceed amount of
$654,135.00; said first amendment to provide additional design, archeological, and
environmental services for the Hickory Creek Interceptor Phases I and II Project;
providing for the expenditure of funds therefor; and providing an effective date (File 6137
- providing for an additional first amendment expenditure amount not-to-exceed
$310,420.00, with the total contract amount not-to-exceed $964,555.00).
ID 21-490G.
2. ITEMS FOR INDIVIDUAL CONSIDERATION
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March 23, 2021City Council Meeting Agenda
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 21-310A.
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 21-229B.
3. CONCLUDING ITEMS
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 19th 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.
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122
Meeting Date 24-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
COVID-19 Update
21-514
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/Wastewater
21-341
23 - March 2021
[Special @ 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
FY 2019-2020 Comprehensive Annual
Financial Report
21-485
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]
Southwest Park Master Plan Review
TBD
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
4% Housing Tax Credit
21-499
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
Funding Recommendations from
CDAC
21-500
Council Requests
21-191
27 - April 2021
[Special]
Council Requests
21-192
3 - May 2021
[Luncheon]
Council Request
21-433
4 - May 2021
[Regular]
COVID Update
TBD
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
Dev. Districts Policy Manual
TBD
Parkland Dedication & Development
Ordinance
21-109
Joint Meeting with City/DHA
JUNE 7 LUNCHEON
Fund Balance Policy (General Fund,
Internal Service Fund, Utilities)
20-2394
Work Sessions Planned - Date TBDFUTURE WORK SESSION ITEMS MATRIX
As of March 12, 2021
Currently Slated Work Session Items
123
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 Lovell Malone 03/20/21 03/27/21
Need road closure to load crane
onto jobsite. Weather could be
an issue so the closure is
extended just in case they need
more time.
Private
Development NextDoor (940) 391-2956
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 7
Street Closure Report
Upcoming Closures
Week of March 15, 2021 - March 21, 2021
Upcoming Closures
124
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
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
Street Closure Report
Week of March 15, 2021 - March 21, 2021
Current Closures
Current Closures
125
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
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
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 03/26/21
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
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
Current Closures
126
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
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 03/19/21
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 03-19-2021.
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
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 22
Current Closures
127
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
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
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
Street Closure Report
Week of March 15, 2021 - March 21, 2021
Completed Closures
Completed Closures128
Street/Intersection From To Closure
Start Date
Closure
End Date Description Department Upcoming
Info/Notes
Public
Meeting
Other
Communication
Department
Contact
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
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
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
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
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
Completed Closures129
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
Precision Dr Airport Rd 1500' north 01/20/21 02/10/21
Wastewater Collections will be
installing a new wastewater
main and services.
Wastewater
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 13
Completed Closures130