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R2018-254 2018-12-17 RESOLUTION NO. R2018-254 A Resolution of the City Council of the City of Pearland, Texas, adopting a State Legislative Agenda for the 86th Session of the Texas Legislature. WHEREAS, local government is the most direct and frequent point of contact with its residents; and WHEREAS, the process for local government is a public and participatory process whereby the actions of local governments are subject to the public scrutiny of the residents; and WHEREAS, local government is responsible for providing critical and emergency services for prevention and planning every day; and WHEREAS, local governments are the first responders in local emergencies, understanding that County, State, and Federal resources are likely days or more away from the start of major incidents; and WHEREAS, the ability of local government to provide those services is dependent on the ability to have the necessary resources and authority to carry out its responsibilities; and WHEREAS, local government officials are elected by the residents they represent to provide a wide array of services; and WHEREAS, state representatives and senators are charged with working in the best interest of the citizens they represent; and WHEREAS, residents of the state of Texas expect elected government officials representing local governments to make every effort to be informed on the needs of the constituents and the local government to ensure that local governments have the necessary authorities and resources in which to fulfill the desired needs of the citizens who have elected them; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: RESOLUTION NO. R2018-254 Section 1. That City Council members will meet with area state representatives and senators to discuss the City's legislative agenda and provide both information and assistance on all matters relating to bills and other legislative matters that come before the Legislature to ensure that they have the resources to call upon in making decisions that impact the lives of their constituents. Section 2. The City of Pearland shall proactively seek the filing and passage of any legislation identified as being sought in Exhibit A. Section 3. The City Council and staff shall work with TML, peer cities in the State and other appropriate entities to jointly pursue the passage or defeat of legislation that is listed as "supported" or "opposed" by the City of Pearland in Exhibit A. Section 4. The City Manager and his staff shall: a. Take all necessary actions to inform Pearland residents of the City's legislative agenda; b. Encourage residents to make every effort to be aware of the local and state governing and legislative process and expect their elected representatives from all levels to seek a proactive and positive relationship that does not pass a burden from the State to the County or City without providing the tools and resources to undertake the added responsibility. Section 5. That it believes it is incumbent of all legislators to work in concert with City and County government to ensure that the entire governing process is as effective as possible and, to that end, seek input and advice from the local level of government on issues that have a direct impact on their ability to undertake their responsibilities. Section 6. That it trusts elected representatives of state government to fully understand the implications of legislation they act upon to ensure there are no negative impacts on the community and to strongly support and take all actions necessary in furtherance of the 2 RESOLUTION NO. R2018-254 attached legislation agenda, as it may be amended from time to time. Section 7. That it believes the state legislative body should not exempt its members any regulation that they impose upon any other member of a political subdivision unless it can clearly be shown that there is a clear and compelling need to do so. Section 8. That it adopts the 2019 Legislative Agenda as shown on Exhibit A, attached to and incorporated into this resolution by reference. PASSED, APPROVED and ADOPTED this the 17th day of December, A.D., 2018. TOM REID MAYOR ATTEST: • NG FING, kF VI� =�'• �'� _ Y SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 3 Exhibit A THE CITY OF PEARLAND, TEXAS 2019 STATE LEGISLATIVE AGENDA Position Statements The City of Pearland's Legislative Agenda is organized by the categories of Local Control, Keeping Families Safe and Healthy, Expanding Business Growth, and Increase Efficiency and Reduce Waste. In addition, we have indicated which of the City's six Strategic Priorities are supported by each position statement. The City's Strategic Priorities are Fiscal Responsibility, Safe Community, Healthy Economy, Engaged Community, Sustainable Infrastructure, and Parks, Recreation & Events. These priorities establish what the City strives to accomplish and provides a framework for the City to focus on long term priorities while also making a connection to our everyday actions which serve the residents and business community of Pearland. Local Control and Decision-Making Along with elected State officials, Local government officials are custodians of the public trust in way that should maximize the benefit of taxpayer dollars to its residents and businesses that reside in our City and the region. The City of Pearland can meet the need of its citizens because our elected officials along with the responsibility, have the authority to set a balance budget, levy tax rates appropriate with the community's needs, annex, provide land use protections, and much more. Property taxes are locally closely reviewed and determined and provide 20% of local operating revenues. Local decisions and decision-makers are closely considered, reviewed, and fully transparent. Local elected officials stand for office before their neighbors in competitive active elections. The success of Texas is undeniably tied to its cities and the wide variety of needs, approaches, and delivery of essential local services. In support of local decision-making, we have the following legislative priorities for which we respectfully request support by our partner State elected officials: Municipal Powers and Authority • Oppose any legislation that erodes home rule authority and control over local governance priorities ✓ Fiscal Responsibility ✓ Engaged Community • Oppose State legislation that would require expenditures by the City without a source of revenue provided by the State. ✓ Fiscal Responsibility Protect Municipal Revenue that Fuels Essential Services • Oppose changes to the current property and sales tax systems as well as other income producing structures that would cause the City to lose revenue or the ability to raise revenue, including lowering the appraisal cap or lowering the effective tax rate provision and unfairly shift taxes to other taxpayers. ✓ Fiscal Responsibility • Support legislation solving the public school funding deficit in Texas thereby stabilizing School Districts reliance on property taxes, which constitutes 2/3 of the property taxes in the state and the greatest contributor to the growth in property taxes. Page 1 City of Pearland,Texas * 2019 Legislative Agenda Exhibit A ✓ Fiscal Responsibility • Oppose legislation that would restrict the ability of municipalities to issue debt required for long-term capital investments, repaid locally, through either General Obligation or Certificates of Obligation bonds. ✓ Fiscal Responsibility ✓ Sustainable Infrastructure • Support legislation limiting the State administrative fee for collecting sales taxes to 1% and a cap related to the cost of providing collection service ✓ Fiscal Responsibility Land-Use Regulation and Annexation • Oppose legislation that would restrict the zoning authority of cities, would restrict a city's ability to adopt or amend zoning regulation, change vesting rights or create a property right in a zoning classification. ✓ Safe Community ✓ Healthy Economy ✓ Engaged Community • Oppose legislation that would allow special districts to form in a city or its extraterritorial jurisdiction without the city's permission, or that would impose additional requirements on cities relating to special districts. ✓ Fiscal Responsibility ✓ Engaged Community • Support legislation clarifying Emergency Services District (ESD) rules for formation, expansion, and dissolution. Currently once formed, lack of clarity in State law allows an ESD to annex additional Extraterritorial Jurisdiction (ETJ) without the consent of the municipality as is required with ESD creation. Additionally, when a City annexes ETJ currently served by an ESD, the ESD is not dissolved even when the City provides comparable or better services covered by the ESD. ✓ Safe Community ✓ Fiscal Responsibility ✓ Engaged Community • Support legislation modifying the SB6 (85(1) - 2017) enacted restrictions on annexation to allow a City with boundaries in multiple Counties to function under the Tier 1 or Tier 2 annexation laws based on the County where the annexation is to occur allowing for municipalities to expand their borders, grow their tax base, provide safe-guards for adjacent properties, and reduce the proliferation of Special Districts ✓ Fiscal Responsibility ✓ Safe Community ✓ Healthy Economy Page 2 City of Pearland,Texas*2019 Legislative Agenda Exhibit A Keeping Families Safe and Healthy The City of Pearland has built a strong reputation as being a safe environment for families and businesses to call home. Multiple generations remain in our community and new residents choose our community because we provide excellent public safety through police, fire, and code enforcement, while providing multiple parks and recreation services for all ages to enjoy. We ask that the State also consider the importance of water in this session and not impose any unnecessary burdens for local governments or water systems. In support of keeping families safe and healthy, we have the following legislative priorities: Public Safety • Support legislation removing the duty of municipal jailers to notify a magistrate pursuant to CCP 16.22 (a)(1) -This notification has been a nightmare, is costing money on transfers and taking officers off the street to make those transfers. The purpose of this statute should be to ensure people who are committed to County jails get mental health treatment, not to force agencies to tie up resources on people who have not even been committed. ✓ Safe Community ✓ Fiscal Responsibility • Support legislation to return the power of arrest and citation to school-based law enforcement officers for Class C misdemeanors committed on school property, including but not limited to, theft under $50, simple assault (unwanted touching), narcotic paraphernalia, possession of tobacco or alcohol, that were hampered by SB 393 (83R) and SB 1114 (83R) resulting in negative impact on school safety. ✓ Safe Community • Oppose legislation that would impose a presumption that first responders incur illnesses or injuries in the line of duty without medical evidence. ✓ Fiscal Responsibility • Oppose legislation that would impose expanded collective bargaining rights or expand the current meet and confer law. ✓ Fiscal Responsibility • Support legislation providing a single state fire rescue response agency that would coordinate all TIFMAS (Texas Intra-State Fire Mutual Aid System), IMT (Incident Management Teams) and USAR (Urban Search and Rescue) activities and assets during state disasters. Currently, multiple state agencies are responsible for different components of fire department response across the state during disasters. One state agency will greatly improve coordination and collaboration on incident responses among state, county and local fire department resources." ✓ Safe Community • Support an increase in funding from $1 million a year to $3 million a year for Texas Intrastate Fire Mutual Aid System (TIFMAS) related training and equipment. This program has proven to protect and enhance all Texas communities in responding to catastrophic incidents and its continuation is dependent upon the additional funding support. ✓ Safe Community Page 3 City of Pearland,Texas*2019 Legislative Agenda Exhibit A Infrastructure • Support legislation providing adequate staffing and funding for the Texas Commission on Environmental Quality (TCEQ) to enforce all rules, permitting requirements, and Agreed Orders for solid waste landfills, especially for Air Quality Standards and Odor Control Plans to ensure these permitted facilities meet all standards which will enable adjacent property owners the safe use and enjoyment of their property. ✓ Safe Community ✓ Healthy Economy • Support legislation and efforts to fund the Texas Coastal Barrier project ✓ Sustainable Infrastructure ✓ Fiscal Responsibility ✓ Safe Community ✓ Healthy Economy • Support legislation allowing participation in the Texas Department of Transportation — Aviation Division's Routine Airport Maintenance Program (RAMP) Grants by privately owned airports that are open to the public. The program matches up to $50,000 annually for maintenance to parking lots, fencing, and other airside and landside needs. ✓ Sustainable Infrastructure ✓ Healthy Economy • Support HB 274 — Creating a disaster reinvestment and infrastructure planning revolving fund. ✓ Sustainable Infrastructure ✓ Fiscal Responsibility Water Resources • Support legislation that provides funding for State Water Plan projects that increase the State's water resources or further establishes long-term planning efforts for an affordable and reliable water supply for the Brazos River Authority, Gulf Coast Water Authority, Brazoria County, and the Houston Region - provided that the investments already made by the City are reflected in any proposed financing mechanisms. ✓ Sustainable Infrastructure ✓ Safe Community ✓ Fiscal Responsibility • Support efforts to accelerate the development of the Allen's Creek Reservoir. ✓ Sustainable Infrastructure ✓ Safe Community ✓ Fiscal Responsibility Page 4 City of Pearland,Texas*2019 Legislative Agenda Exhibit A Expanding Business Growth and Investment, Jobs Cities have been the economic engines for this state during the past couple of decades, as we provide the community in which businesses chose to operate. Cities judiciously provide performance-based incentives and land for business recruitment and expansion when appropriate. We intend to continue with our economic development successes in cooperation with the State. In support of expanding business growth, we have the following legislative priorities: Economic Development • Oppose attempts to restrict the ability of cities to use Type A (4A) and Type B (4B)funds. ✓ Fiscal Responsibility ✓ Healthy Economy • Oppose attempts to restrict the use of economic development tools available to local governments such as tax abatement, tax increment reinvestment zones, and Chapter 380 agreements. ✓ Fiscal Responsibility ✓ Healthy Economy • Support HB457 adding the City of Pearland to the list of cities eligible for the state hotel and sales tax rebate for a hotel convention center ✓ Fiscal Responsibility ✓ Healthy Economy • Support legislation (HB 360 & SB 118) extending the expiration date of the Property Redevelopment and Tax Abatement Act from September 1, 2019 to September 1, 2029, supporting the continue attraction of new capital intensive projects for Economic Development through tax abatements to keep Texas competitive in attracting major investment projects. ✓ Fiscal Responsibility ✓ Healthy Economy Transportation • Support for funding for State roadway expansion projects including FM518 (SH288 to Friendswood City Limits), SH35 (FM518 to Alvin), and SH36 (Freeport to IH-10). ✓ Sustainable Infrastructure ✓ Fiscal Responsibility ✓ Healthy Economy • Oppose funding or legislation enabling the Texas Department of Transportation (TxDOT) to construct the SH35 Freeway and/or Tollway, as currently planned with an elevated cross- section through the Old Townsite area of the City of Pearland, which is superfluous to existing SH35. ✓ Healthy Economy ✓ Engaged Community Page 5 City of Pearland,Texas*2019 Legislative Agenda Exhibit A • Support legislation that will provide additional funding to the State Highway Fund (SHF) by increasing the limits included in Proposition 7 regarding the amount of Sales and Use Tax ($2.5B) and percentage (35%) of the Motor Vehicle Sales and Rental Tax that are deposited into the SHF. ✓ Sustainable Infrastructure ✓ Healthy Economy ✓ Fiscal Responsibility • Support legislation and efforts to complete Segment B of the Grand Parkway (SH99), especially the portion between Alvin and League City (SH35 to IH-10) ✓ Sustainable Infrastructure ✓ Healthy Economy ✓ Fiscal Responsibility Right-of-Way and Utilities • Oppose legislation that would further erode a city's ability to condemn property for a public use, would negatively impact the City's authority over its right-of-way, would erode municipal authority to require utility companies to pay the costs of relocating their facilities in a timely manner, as required by current law, or would limit the current ability of the City to receive fair market compensation for use of the public rights-of-way to which the City is responsible and entrusted ✓ Sustainable Infrastructure ✓ Fiscal Responsibility • Support legislation returning the control of public ROW and ability to charge market value for use of public ROW to the public, instead of providing a public subsidy (corporate welfare) to private wireless provider companies OR requiring small-cell node system provider companies to pay market value for the use of public rights-of-ways similar to other utility companies ✓ Sustainable Infrastructure ✓ Fiscal Responsibility Increase Efficiency and Reduce Waste Especially considering the changing economy during the past decade, cities such as Pearland have looked inward to find answers on how to balance our budgets. There are mandates and restriction that come from the State that add to our cost of doing business. We ask that the State be considerate of opportunities to increase efficiencies for cities and not impose an unfunded mandates. In support of increasing the efficiency and reducing waste in local government, we have the following legislative priorities: Open Meetings/Open Records • Support uniform application of the public information and open meetings laws at every level of government including State legislative and executive branches. ✓ Engaged Community Page 6 City of Pearland,Texas*2019 Legislative Agenda Exhibit A • Support legislation requiring Municipal Utility Districts (MUDs), Emergency Services Districts (ESDs) and other Special Districts to hold district public meetings at a location accessible to the public within the boundaries of the district or the closest public governmental building ✓ Engaged Community ✓ Fiscal Responsibility Open Meetings/Public Advertising • Support legislation that would enable the use of online electronic notice rather than obsolete print media for all public notices. ✓ Fiscal Responsibility ✓ Engaged Community Public Bidding • Support legislation changing Texas Family Code 231.006 to allow Child Support Forms to be submitted prior to contract award. Current law requires this document, which is immaterial to the bids, to be provided with the sealed bid. If inadvertently left out the bid is rejected. This costs the taxpayers $280,000 on a City of Pearland project funded with Federal Transportation funds. ✓ Fiscal Responsibility • Oppose SB 180 requiring additional cost for advertising and additional hearings for Texas Commission on Environmental Quality (TCEQ) permitting for municipal facilities if located in certain income and demographic areas. Page 7 City of Pearland,Texas*2019 Legislative Agenda