2021-050 Denton Delegation Voting Record on City-related BillsDate: July 16, 2021 Report No. 2021-050
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Denton state legislative delegation voting record on select city-related bills (87th Regular Session).
BACKGROUND:
On July 2, 2021 Council Member Meltzer requested information on how the City of Denton state
legislature delegation voted on City-related bills in the 87th Regular Session of the Texas
Legislature. The following members of the Texas State Legislature represent the City of Denton:
Representative Lynn Stucky (District 64)
Senator Jane Nelson (District 12)
Senator Drew Springer (District 30)
DISCUSSION:
Staff requested that our general government legislative consultants, Jackson Walker, compile the
voting records of the above members on the following list of city-related bills:
H.B. 872 – Exclusion of utility information from Public Information Act
H.B. 1869 – Limitations on funding of non-bond debt
H.B. 1900 – Prohibition on municipal government law enforcement defunding
H.B. 1925 – Prohibition on camping in public places
H.B. 3069 – Relating to public project liability timeframes
H.B. 4492 – Electric utility securitization bill
S.B. 3 – Utility weatherization bill
S.B. 19 – Prohibits contracts with companies that discriminate against firearm industry
S.B. 23 – Prohibition on county government law enforcement funding
S.B. 877 – Allows third-party building inspectors during a disaster
The attached report summarizes the bills listed above and the voting record of each member of
the Denton delegation on these pieces of legislation. Each of the bills also lists whether the City
of Denton advocated support, opposition or took a neutral position. These positions were provided
through a resolution adopted by the City Council or through the adoption of the 2021 City of
Denton State Legislative Program.
The City of Denton also actively supported or opposed a number of bills that did not gain final
passage. A select few of those bills are also provided below:
H.B. 3 – Limits authority of governor and municipal governments during a disaster
S.B. 10 – Prohibition on publicly-funded lobbying activities
H.B. 1399/S.B. 29 & 1646 – Restricting transgender healthcare and athletic opportunities
It is important to note that the City’s support or opposition of a bill, and likewise the support or
opposition of a member of the Denton delegation, was not a fixed position, but could vary as
numerous versions of legislation progressed through both the House and Senate. Additionally,
Date: July 16, 2021 Report No. 2021-050
bills that eventually gained final passage may be the result of a significant effort toward a
compromise legislation that, while not completely favorable to the City, prevented a much more
harmful version from receiving further consideration.
CONCLUSION:
Staff will continue to submit additional analyses on adopted legislation through the Friday report
over the coming months.
City staff are very appreciative of the working relationship we have developed with our delegation.
While there was not alignment with City policy on all issues, our delegation members were always
receptive and open to speaking with the city regarding our concerns.
If a Council member has a question regarding any of the bills within this report, please contact the
staff below.
STAFF CONTACT:
Ryan Adams
Customer Service & Public Affairs
Ryan.Adams@cityofdenton.com
Rachel Balthrop Mendoza
City Manager’s Office
Rachel.Mendoza@cityofdenton.com
REQUESTOR:
Council member Meltzer
Bill Bill Summary Impact on the City of Denton Denton
Position
Sen. Jane
Nelson
Sen. Drew
Springer
Rep. Lynn
Stucky
Finally
Passed?Comments
HB 3
Would have limited the authority of the
governor during certain disasters, including
pandemic disasters. The bill would have
required governors to work more closely
with the state legislature in future emergencies.
If passed, this bill could have had an impact on the
scope of various state and local government leaders on
future disasters in Texas. Oppose YES YES YES NO
This bill died in the final
days of the session in
Conference Committee.
HB 872
Requires a government-operated utility to
be excluded from a Public Information Act
request for information disclosing whether services have been discontinued or are eligible for disconnection.
This bill will now require certain city utilities (such as
sewer, gas, and garbage) to disclose information
collected as part of an advanced metering system to a customer or a customer's representative if the information directly relates to utility services provided to the customer and is not confidential under law.
Support YES YES YES YES
HB 1399
This bill sought to prevent a physician from
performing a surgery on or prescribing certain medications to a minor for gender modification purposes.
No direct impact on the city of Denton operations.
Oppose
(Resolution)n/a n/a n/a NO
This bill passed out of
committee in the House
but was placed on the
House's General State
Calendar with too little time to pass.
HB 1869
This debt bill went through many iterations before finally passing in a negotiated form that ultimately simply modifies the
definition of “debt” for purposes of the
debt service property tax rate calculation to
include only debt that meets certain clearly
elucidated requirements.
The city of Denton submitted written testimony speaking to this bill as filed's impact on the city. As finally passed, this bill will change the definition for
cities like Denton on how it calcuates city debt.Oppose YES YES YES YES
HB 1900
Applies to cities with populations of
250,000 and above. It states that if a
municipality with a population over
250,000 reduces its law enforcement
budget, the state would deduct money from
its sales tax and ban the city from increasing property taxes or utility fees. Any areas annexed within the last 30 years could vote to de-annex, and the municipality would be banned from
annexing any further areas.
This bill will not apply to the city of Denton because it is
bracketed to populations of over 250,000 residents. This
bill would have prohibited Denton from taking actions
that would affect their public safety budget that could be
perceived as "defunding" police departments, but cities
of Denton's size were not included in the final bill.Oppose (original version)
YES YES YES YES
HB 1925
Makes camping in an unapproved public place a Class C misdemeanor, punishable by a fine of up to $500. Cities may not opt out of the ban or discourage enforcement
of it.
This bill will have statewide implications that will in turn affect the city of Denton. This bill could have implications on Denton's citywide program to combat homelessness. This strategy also requires enhanced
engagement from police, who may now find themselves
required to take a more punitive approach in dealing
with the city’s homeless population.
Oppose YES YES YES YES
HB 3069
Shortens the time public building owners
can sue for defects from 10 years to eight
years for public projects. Building owners would have an additional year (instead of an additional two years) to sue for defects discovered in the last year.
This bill will require a governmental entity to bring suit
against a relevant architect, engineer, interior designer
or landscape architect when certain damages occur.
Oppose YES YES YES YES
HB 4492
"The Securitization Bill" provides a
mechanism for recovery of certain costs
incurred by various parties, including the
electric company, during the extreme
weather event in Texas in February 2021.
Provides $900 million in securitized financing to
ERCOT that can be used to cover the cost of market
participants who either defaulted or short paid ERCOT
during winter storm Uri. DME will be responsible to
ERCOT for its market particpation share of these costs,
the amount of which is unknown until the amount securitized is determined. Recovery of the securitized amounts, interest expenses and administrative expenses will be passed on to all ERCOT participants as an
administrative charge on all energy transactions in
ERCOT over the term of the securitization loan. DME
and TPPA supported the House version that went to the
Senate but did not take a position on the committee
substitutue that ultimately was passed.
Support YES YES YES YES
SB 3
"The Weatherization Bill" establishes an energy emergency alert system, formalizes the Texas Energy Reliability Council (TERC), and requires weatherization of equipment under threat of civil penalties,
among other things.
Requires DME to weatherize the Denton Energy Center to prevent a repeat of winter storm Uri. Cost of weatherization has yet to be determined as engieering of options must be done first. Also requires DME to identify critical load facilties and to integrate such into
laod shed plans. Additionally requires water and waste
water critical facilties to develop emergency plans for
prolonged power outages that must be submitted and
approved by the PUCT.
Nuetral YES YES YES YES
SB 10
As filed, it would have prevented cities and
counties from using public funds to hire
lobbyists.
As filed, this bill would have required the city of Denton
to refrain from hiring contract lobbyists or outside
consultants. The bill was re-worked in the House
ultimately resulting in a bill that would have allowed external contracts to remain in place with increased reporting and transparency requirements.
Oppose YES YES n/a NO
This bill passed the
Senate but was
postponed several times
and ultimately never laid
out on the House floor.
87th(R) Denton Delegation Vote List
SB 19
Prohibits contracts with companies that
discriminate against the firearm or
ammunition industries.
This bill will prohibit political subdivisions, such as the
City of Denton, from entering into a contract for the
purchase of goods or services that has a value of at least
$100,000 unless the contract contains a written
verification from the contracted company that it does
not have a policy that discriminates against a firearm
entity or firearm trade association and will not
discriminate against such an entity or association during the contract term. The bill exempts certain contracts from that prohibition.
Oppose YES YES YES YES
SB 23
Applies only to county governments with
populations over one million. This bill
requires cities to hold elections before
reducing or reallocating their law
enforcement budgets. Municipalities that
do so without voter approval would have
their property tax revenue frozen. SB 23
will become effective on January 1, 2022.
This bill, as passed, will not apply to the City of Denton
because it is bracketed to county governents with
populations over one million residents. The original
version was more broadly targeted to local
governments.Oppose (original version)
YES YES YES YES
SB 29
This bill sought to prohibit the participation
of students in interscholastic athletic
competitions designated for the opposite
sex.
No direct impact on the city of Denton operations.
Oppose
(Resolution)YES YES n/a NO
This bill passed out of
the Senate but died in the final days of sesion in the House.
SB 877
Amends the Local Government Code to authorize a municipal building inspection in
an area of a municipality that is subject to a
disaster declaration to be performed by
additional licensed third-party
professionals.
This bill will require the city of Denton to accept independent third-party inspections by qualified
professionals during a declared disaster to help tackle
the backlogs experienced in distaster areas.
Support
(compromise
version)
YES YES YES YES
SB 1646
This legislation would have prohibited
children from receiving puberty
suppression prescription drugs, cross-sex
hormones, or medical procedures or
surgeries for the purpose of transitioning
genders or gender reassignment.
No direct impact on the city of Denton operations.
Oppose
(Resolution)YES YES n/a NO
This bill passed out of the Senate but did not receive a hearing in
House Public health after
it was referred in early
May.
SB 1580
Provides up to $2.8 billion in securitization
funds to ERCOT for the defaulting or short
paying electric cooperatives.
If accessed by the electric cooperatives, the bill provided
full securitization of amounts short paid to ERCOT by
the cooperatives. Estimated securitization amount is
$2.8 billion. If utilized, the recovery of the securitized
amounts would be from the customers of the
cooperatives. Consequently, DME would likely receive
~$ 9 million of the current $9.4 million in short pay that ERCOT owes DME for sales of energy from the DEC and our renewable energy resources during winter storm Uri. If the securitization funds are not accessed by the
cooperatives, DME would likely never be paid the short
pay amounts owed.
Support YES YES YES YES