R2021-009 2021-01-11RESOLUTION NO. R2021-9
A Resolution of the City Council of the City of Pearland, Texas, adopting a
State Legislative Agenda for the 87th 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,
RESOLUTION NO. R2021-9
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
S ection 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.
S ection 2. The City of Pearland shall proactively seek the filing and passage of any
legislation identified as being sought in Exhibit A.
S ection 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.
S ection 4. The City Manager and his staff shall:
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.
S ection 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.
S ection 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
2
RESOLUTION NO. R2021-9
community and to strongly support and take all actions necessary in furtherance of the
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 2021 Legislative Agenda as shown on Exhibit A, attached
to and incorporated into this resolution by reference.
PASSED, APPROVED and ADOPTED this the
A.D., 2021.
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CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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Exhibit A
THE CITY OF PEARLAND, TEXAS
2021 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 public resources to residents, visitors, and businesses in our City
and the greater Houston region of which we are a part. The City of Pearland meets the need of the
community because our elected officials have, along with the responsibility, the authority to set a
balanced annual budget, levy property tax rates and other fees as appropriate with the community's
needs, as well as to thoughtfully annex, provide land use protections, and much more.
Property taxes are locally closely reviewed and determined and provide 20% of local operating
revenues. Such property taxes to the City provide essential police, fire, public works, parks and
recreation, drainage, and emergency preparedness services upon which people rely every minute of
every day. The overall property taxes paid in large part go to other taxing entities including public
education which is one of the major responsibilities of the State government to oversee funding.
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 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
• Oppose legislation eliminating or restricting a City's ability to utilize a statewide organization
like the Texas Municipal League (TML) to coordinate and provide legislative information and
testimony because local governments need cooperative advocacy and education efforts to
Page 1
City of Pearland, Texas * 2019 Legislative Agenda
Exhibit A
track and share both ways with the legislature on issues. The cost for each individual city to
provide this service in-house will far exceed the cost to belong to TML.
✓ Fiscal Responsibility
✓ Engaged Community
Oppose legislation like SB29 from the 86th Legislative Session that restricts an officer or
employee of a political subdivision from appearing before a legislative committee unless
requested by the committee or a member of the legislature
✓ Engaged Community
Protect Municipal Revenue that Fuels Essential Services
• Oppose changes imposed without local support and consultation to the 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, unfairly shifting taxes to other taxpayers.
✓ 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
• Support updating the current Emergency Medical Service (EMS) funding formula with new
funding mechanisms that provide addition revenues to EMS providers and lower costs across
the entire health care system
✓ Fiscal Responsibility
• Oppose legislation that requires a municipality or emergency service district to seek secondary
budget approval by counties or the state
✓ 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
Page 2
City of Pearland, Texas * 2019 Legislative Agenda
Exhibit A
• 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 expanding the tax rate cap for Emergency Services Districts (ESDs) to
provide a more equitable reimbursement to entities that provide service within the district.
✓ Safe Community
✓ Fiscal Responsibility
• 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 voluntary annexation process to accommodate non-
contiguous land requiring municipal utility service for development.
✓ Fiscal Responsibility
✓ Sustainable Infrastructure
• Support legislation restoring practical limitations on building materials beyond the minimum
criteria of the Building Code.
✓ Healthy Economy
✓ Engaged Community
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.
Page 3
City of Pearland, Texas * 2019 Legislative Agenda
Exhibit A
✓ 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 limiting qualified immunity by law enforcement with policy compliant use
of force incidents.
✓ 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
• Support legislation that clarifies and improves COVID-19, cancer and some PTSD's
qualifications for worker's compensation for Fire and/or EMS personnel
✓ Safe Community
• Oppose legislation that would impose expanded collective bargaining rights or expand the
current meet and confer law.
✓ Fiscal Responsibility
• Restore EMS local project grants (LPGs) for important capital equipment and staff training
purposes.
✓ Fiscal Responsibility
✓ Safe Community
• Support legislation that will require fireworks stands to post signage in a conspicuous location
listing the firework discharge prohibitions of municipalities whose boundaries are within 5,000
feet of the fireworks stand.
✓ Safe Community
Infrastructure
• Support legislation requiring the Texas Water Development Board (TWDB) to adopt project
review, approval, and guidance documents that are compatible with the Alternative Delivery
Methods established by the State Legislature in Government Code 2269, which allow cities
to take advantage of the time and cost savings measures intended by the Alternative
Delivery Methods of Construction Manager at Risk (CMAR) and Design/Build.
✓ Sustainable Infrastructure
✓ Fiscal Responsibility
✓ Safe Community
Page 4
City of Pearland, Texas * 2019 Legislative Agenda
Exhibit A
• Support legislation and efforts to fund the Texas Coastal Barrier project
✓ Sustainable Infrastructure
✓ Fiscal Responsibility
✓ Safe Community
✓ Healthy Economy
• Support legislation providing additional and continued funding for drainage infrastructure
project through the Texas Water Development Board's State Flood Plan established in the
2019 Legislative Session
✓ Sustainable Infrastructure
✓ Fiscal Responsibility
✓ Safe Community
✓ Healthy Economy
• 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
Parks and Recreation
• Support legislation that provides enhanced state and federal funding opportunities for parks,
trails, open spaces, and recreational programs.
✓ Sustainable Infrastructure
✓ Fiscal Responsibility
✓ Healthy Economy
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
Page 5
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 Economic Development Sales Tax funds
away from primary job creation and economic and community development purposes already
outlined in the law.
✓ 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 an extension of the authority granted to the City of Pearland under HB4347 in the 86'"
session that allows the City of Pearland to receive the revenue from state hotel occupancy and
sales tax paid and collected by a qualified hotel and restaurant, bar and retail establishment
located in/or connected to the hotel and conference center. Plus have the City qualify to
capture state sales tax for other restaurants, bars and retail within 1,000 feet of the hotel and
conference center.
✓ Fiscal Responsibility
✓ Healthy Economy
• Oppose legislation that does not preserve the integrity of state and local hotel occupancy
taxes. Local hotel occupancy tax revenues are dedicated by state statute to only fund activities,
facilities, and programs that directly promote tourism and hotel activity.
✓ Healthy Economy
✓ Fiscal Responsibility
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
Page 6
City of Pearland, Texas * 2019 Legislative Agenda
Exhibit A
✓ 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 a possible elevated
cross-section through the Old Townsite area of the City of Pearland, which is superfluous to
e xisting SH35
✓ Healthy Economy
✓ Engaged Community
• 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),
e specially 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
u se, 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
e ntrusted
✓ Sustainable Infrastructure
✓ Fiscal Responsibility
• Support legislation returning the control of public ROW and ability to charge market value for
u se 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 any unfunded mandates. In support
Page 7
City of Pearland, Texas * 2019 Legislative Agenda
Exhibit A
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
• 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
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City of Pearland, Texas * 2019 Legislative Agenda