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R-2014-157 2014-12-08RESOLUTION NO. R2014-157 A Resolution of the City Council of the City of Pearland, Texas, adopting a State Legislative Agenda for the 84th 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. R2014-157 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: 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 City Council 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. RESOLUTION NO. R2014-157 Section 6. That the City Council 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 attached legislation agenda, as it may be amended from time to time. Section 7. That the City Council 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 the City Council hereby adopts the 2015 Legislative Agenda as shown on Exhibit A, attached to and incorporated into this resolution by reference. PASSED, APPROVED and ADOPTED this the December, A.D., 2014. ATTEST: NG LO SECT ARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 8th TOM REID MAYOR day of Resolution No. R2014-157 Exhibit "A" EXHIBIT A THE CITY OF PEARLAND, TEXAS 2015 STATE LEGISLATIVE AGENDA Position Statements Local Control The City of Pearland is able to meet the need of its citizens because our elected officials have the authority to set a balance budget, levy tax rates appropriate with the community's needs, annex, provide zoning and much more. Property taxes are locally reviewed and determined and provide 21% of local operating revenues. Likewise, local sales taxes diversify the revenue stream and have a relationship to the business activity and traffic served. In support of local control, we have the following legislative priorities: 1. Municipal Powers and Authority • Oppose legislation that erodes the authority of city government or is detrimental to cities. • Oppose legislation that would require expenditures by the City without a source of revenue provided by the State. 2. Protect Municipal Revenue • 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. • Support legislation that simplifies the effective tax rate calculation and that accurately notifies and explains to taxpayers the actual impacts of the effective tax rate while deleting parts of the notification and adoption process that causes confusion and is inconsistent with the goal of providing a transparent budget and tax rate setting process. • Oppose legislation that would restrict the ability of municipalities to issue debt through either General Obligation or Certificates of Obligation bonds. • Support state or federal legislation that would expand the use of public, educational, and government (PEG) fees to include operational and related costs associated with PEG channels. • Oppose legislation that would further lower the appraisal cap and unfairly shift taxes to other taxpayers. • Support legislation to modify the deadline for publication of the Notice of Proposed Property Tax Rate from September 1 of each year to "before the later of September 1 or the 30th day after the date the certified appraisal roll is received by the taxing unit." 3. Land -Use Regulation and Annexation • Strongly oppose legislation that would restrict the zoning authority of cities, would restrict a city's ability to adopt or amend zoning regulation, or vest or otherwise create a property right in a zoning classification. • 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. • Protect the current annexation laws that allow for municipalities to expand their borders, grow their tax base, and provide safe -guards for adjacent properties. • Oppose any legislation that would limit the City's ability to enact building code requirements or assess building inspection fees. RESOLUTION NO. R2014-157 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 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 de -criminalized by SB 393 (83R) and SB 1114 (83R) resulting in negative impact on school safety. • Support legislation to increase support and funding for the Texas Commission on Fire Protection, thereby preventing cities from paying additional fees to support the agency. • Oppose legislation that would impose a presumption that first responders incur illnesses or injuries in the line of duty. • Oppose legislation that would impose expanded collective bargaining rights or expand the current meet and confer law. • Oppose any further reduction of local government oversight of the safety of home cottage food facilities. • Oppose legislation that would implement Recommendation 3.1 in the Texas Sunset Advisory Commission Staff Report to deregulate the Code Enforcement Officer licensing program in Texas Park & Recreation • Support any initiative to restore funding from the Sporting Goods Sales Tax, dedicated to Local Park Fund Grants and State Parks. • Support legislation to enable the City to build and operate recreational facilities in utility easements, including power line easements, for the purposes of walking and biking trails and other recreational uses/facilities, while also reducing any liability for those utility owner/operators. Water Resources • Actively monitor, evaluate, and act, if necessary, on any legislation related to the Gulf Coast Water Authority and the Brazos River Authority including governance, water planning, water fees, and Watermaster issues. • Support legislation that provides funding for State Water Plan projects that increase the State's water resources or further establishes Tong -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. • Oppose legislation that elevates the recreational use of water above the public health and safety needs for drinking water and industrial use. 2 RESOLUTION NO. R2014-157 • Oppose legislation that would impose on cities: mandatory water conservation measures; "tap fees" or other types of state charge on municipal water systems; or any other onerous regulations as it relates to utilities provided by a city. Expanding Business Growth Cities have been the economic engines for this state during the past couple of decades, as we provide incentives and land for business recruitment and expansion. 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. • 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. • Support continuation of the Hotel Occupancy Tax (HOT) for tourism marketing. • Support legislation that removes the population brackets restricting the use of the Hotel Occupancy Tax (HOT) on existing sports facilities and fields in a manner that promotes tourism and benefits the interest of the local hotel and motel industry. Education • Support legislation that will provide Tuition Revenue Bonds /Capital Construction Funds for a Health Sciences and Classroom Building at the University of Houston — Clear Lake Pearland Campus. Transportation • Support for funding for local projects including FM518, SH288, SH35, and SH35 Tollway. • Support legislation that would discontinue the diversion of transportation revenues to non - transportation purposes. • Support legislation that will provide additional funding to the Texas Department of Transportation and local funding options for transportation projects that would benefit cities, so long as existing funding formulas are followed. 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. • Support legislation that would increase the authority of municipalities in requiring increased public notice of major pipeline activities - such as flaring- that have a direct impact on the quality of life of city residents. • Oppose any legislation that would diminish or limit the City's original jurisdiction over electric and gas rates. 3 RESOLUTION NO. R2014-157 Increase Efficiency and Reduce Waste Especially in light of 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 1. Support uniform application of the public information and open meetings laws at every level of government including State legislative and executive branches. 2. Support expansion of the ability to charge for cost recovery related to reproduction of public information, including costs of materials, labor, overhead, electronic copies and for viewing of documents. Public Advertising 1. Support legislation that would enable the use of online electronic notice rather than obsolete print media for all public notices. Purchasing 1. Support continuation of alternative project delivery methods that allow municipalities to select contractors based on both price and qualifications. 4 EXHIBIT A THE CITY OF PEARLAND, TEXAS 2015 STATE LEGISLATIVE AGENDA Position Statements Local Control The City of Pearland is able to meet the need of its citizens because our elected officials have the authority to set a balance budget, levy tax rates appropriate with the community's needs, annex, provide zoning and much more. Property taxes are locally reviewed and determined and provide 21% of local operating revenues. Likewise, local sales taxes diversify the revenue stream and have a relationship to the business activity and traffic served. In support of local control, we have the following legislative priorities: 1. Municipal Powers and Authority • Oppose legislation that erodes the authority of city government or is detrimental to cities. • Oppose legislation that would require expenditures by the City without a source of revenue provided by the State. 2. Protect Municipal Revenue • 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. • Support legislation that simplifies the effective tax rate calculation and that accurately notifies and explains to taxpayers the actual impacts of the effective tax rate while deleting parts of the notification and adoption process that causes confusion and is inconsistent with the goal of providing a transparent budget and tax rate setting process. • Oppose legislation that would restrict the ability of municipalities to issue debt through either General Obligation or Certificates of Obligation bonds. • Support state or federal legislation that would expand the use of public, educational, and government (PEG) fees to include operational and related costs associated with PEG channels. • Oppose legislation that would further lower the appraisal cap and unfairly shift taxes to other taxpayers. • Support legislation to modify the deadline for publication of the Notice of Proposed Property Tax Rate from September 1 of each year to "before the later of September 1 or the 30th day after the date the certified appraisal roll is received by the taxing unit." 3. Land -Use Regulation and Annexation • Strongly oppose legislation that would restrict the zoning authority of cities, would restrict a city's ability to adopt or amend zoning regulation, or vest or otherwise create a property right in a zoning classification. • 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. • Protect the current annexation laws that allow for municipalities to expand their borders, grow their tax base, and provide safe -guards for adjacent properties. • Oppose any legislation that would limit the City's ability to enact building code requirements or assess building inspection fees. Page 1 of 4 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 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 de -criminalized by SB 393 (83R) and SB 1114 (83R) resulting in negative impact on school safety. • Support legislation to increase support and funding for the Texas Commission on Fire Protection, thereby preventing cities from paying additional fees to support the agency. • Oppose legislation that would impose a presumption that first responders incur illnesses or injuries in the line of duty. • Oppose legislation that would impose expanded collective bargaining rights or expand the current meet and confer law. • Oppose any further reduction of local government oversight of the safety of home cottage food facilities. • Oppose legislation that would implement Recommendation 3.1 in the Texas Sunset Advisory Commission Staff Report to deregulate the Code Enforcement Officer licensing program in Texas Park & Recreation • Support any initiative to restore funding from the Sporting Goods Sales Tax, dedicated to Local Park Fund Grants and State Parks. • Support legislation to enable the City to build and operate recreational facilities in utility easements, including power line easements, for the purposes of walking and biking trails and other recreational uses/facilities, while also reducing any liability for those utility owner/operators. Water Resources • Actively monitor, evaluate, and act, if necessary, on any legislation related to the Gulf Coast Water Authority and the Brazos River Authority including governance, water planning, water fees, and Watermaster issues. • 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. • Oppose legislation that elevates the recreational use of water above the public health and safety needs for drinking water and industrial use. Page 2 of 4 • Oppose legislation that would impose on cities: mandatory water conservation measures; "tap fees" or other types of state charge on municipal water systems; or any other onerous regulations as it relates to utilities provided by a city. Expanding Business Growth Cities have been the economic engines for this state during the past couple of decades, as we provide incentives and land for business recruitment and expansion. 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. • 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. • Support continuation of the Hotel Occupancy Tax (HOT) for tourism marketing. • Support legislation that removes the population brackets restricting the use of the Hotel Occupancy Tax (HOT) on existing sports facilities and fields in a manner that promotes tourism and benefits the interest of the local hotel and motel industry. Education • Support legislation that will provide Tuition Revenue Bonds /Capital Construction Funds for a Health Sciences and Classroom Building at the University of Houston — Clear Lake Pearland Campus. Transportation • Support for funding for local projects including FM518, SH288, SH35, and SH35 Tollway. • Support legislation that would discontinue the diversion of transportation revenues to non - transportation purposes. • Support legislation that will provide additional funding to the Texas Department of Transportation and local funding options for transportation projects that would benefit cities, so long as existing funding formulas are followed. 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. • Support legislation that would increase the authority of municipalities in requiring increased public notice of major pipeline activities - such as flaring- that have a direct impact on the quality of life of city residents. • Oppose any legislation that would diminish or limit the City's original jurisdiction over electric and gas rates. Increase Efficiency and Reduce Waste Page 3 of 4 Especially in light of 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 1. Support uniform application of the public information and open meetings laws at every level of government including State legislative and executive branches. 2. Support expansion of the ability to charge for cost recovery related to reproduction of public information, including costs of materials, labor, overhead, electronic copies and for viewing of documents. Public Advertising 1. Support legislation that would enable the use of online electronic notice rather than obsolete print media for all public notices. Purchasing 1. Support continuation of alternative project delivery methods that allow municipalities to select contractors based on both price and qualifications. Page 4 of 4 TML TEXAS MUNICIPAL LEAGUE Texas Cities Do the State's Local Work: Safe Communities, Essential Infrastructure, Vital Services Cities, the government closest to the people, embody the idea that "We the People" should be in control. Cities provide the services that we cannot do without. Those services reflect the will of the local taxpayers. They are not the kind of services people think of when they say they want less government. Put simply: City services are the nuts and bolts of our society. Starting with Texas' statehood in 1845, the legislature began creating cities to do its local work. The Texas Municipal League now represents more than 1,100 cities of every size, shape, and service level. The locally - elected city councils in those cities decide — based on the wants of their citizens — how to provide appropriate services. They provide police and fire protection, the roads we drive on, local business development, the utilities we need to survive and prosper, the protection of property values through thoughtful rules that benefit everyone, and more. It costs money to provide these services, but keeping taxes low while meeting citizens' demand for services is a core value of city officials. Cities don't typically seek funding from the state, and they receive virtually nothing from the state. What cities need in lieu of state funding is to be treated as partners in keeping Texas great. They want to continue providing local services in the way they were elected to do. That leads to the following legislative priorities: 1. Ensure that local decisions are made locally by supporting reasonable enhancements to regulatory authority and by opposing attempts to harm the ability of cities to: • Protect property values by imposing reasonable development standards; • Enact zoning ordinances; and • Respond to citizen demands for orderly development. 2. Protect and enhance essential infrastructure by opposing efforts to diminish municipal revenue and by supporting initiatives that will meet the needs of our cities for: • Streets, roads, and bridges; • Clean water; • Safe and effective wastewater treatment; • Stormwater management; and • Sustainable solid waste collection and disposal. 3. Ensure funding for vital community services by vigorously opposing efforts to erode revenue needed to: • Keep cities safe from crime; • Respond to emergencies; • Enhance economic growth and job creation; • Provide recreational facilities, parks, and libraries; and • Protect the natural environment. The City Message to Legislators is Clear: Continue Partnering with Cities to do the State's Local Work To learn more, visit www.tml.org or call 512-231-7400 Legislative direct contact: Shanna Igo 512-750-8718 Texas Cities: Did You Know? 1. Texas cities lead the nation in population growth. In 2014, seven of the 15 fastest growing cities in the nation are in Texas. On average, somewhere around 1,000 people are added to the Texas population each day. [U.S. Census Bureau.] 2. Seventy-four percent of Texas residents live in incorporated cities (of which there are 1,216) and 86 percent of Texans live in urban areas. [U.S. Census Bureau.] 3. From 1990 to 2011, the total city property tax levy rose an average of 5.48 percent per year. This increase is closely aligned with Texas' population growth plus inflation over the same period of time, which averaged out to a 4.7 percent average yearly increase. [Texas Comptroller, Biennial Property Tax report for 2010 and 2011 and U.S. Census Bureau.] 4. From 2009-2013, total outstanding state debt increased by 27.8 percent, total outstanding local debt increased by 14.9 percent, and total outstanding city debt increased by only 13.7 percent. [Texas Bond Review Board, 2013 Annual Report and 2013 Local Annual Report.] 5. Seventeen percent of property taxes statewide go to cities. The majority of property taxes (54 percent) go to fund public schools. Of the remainder, sixteen percent goes to counties, and 13 percent goes to special districts. [Texas Comptroller, Annual Property Tax Report for Tax Year 2009.] 6. Texas cities receive virtually no financial assistance from the state. In fact, Texas ranks 49th out of the 50 states in the amount of general revenue it receives from state government. [National League of Cities, City and State Fiscal Structure (2008).] 7. Using a unique concept dubbed "reverse intergovernmental aid," the Texas Legislature requires cities to generate and remit to the state over $200 million annually to fund state programs. [TML article, Reverse Intergovernmental Aid Revisited, Again (2013).] 8. In fiscal year 2012, cities pitched in more than $112 million in cash and much more in right-of-way donations and in-kind services for state highway projects initiated by TxDOT. [TML article, Reverse Intergovernmental Aid Revisited, Again (2013).] 9. Local economic development incentives dwarf the economic development incentives offered by the state. [Committee Testimony by Executive Director of Governor's Office for Economic Development and Tourism, House Economic and Small Business Development Committee (2014).] TML TEXAS MUNICIPAL LEAGUE www.tml.oi g 512-231-7400 November 2014 Brazoria County Day Legislative Issues EDUCATION / WORKFORCE TRAINING We support .. • aligning public education with workforce needs. • adequate and equitable funding of public education to include full State funding for State mandated programs. • adequate funding for community colleges, which provides the best local education means for workforce training and development and access to transfer path to four-year degrees. • the State's creating flexibility under the 4 x 4 requirement to allow for career and technology courses with applied math and science components. • adequate funding for Workforce Programs. The Brazoria County petrochemical industry will need as many as 5,000 new hires over the next six years. More than 50% of the new positions will require skills training. • the reduction of student assessment testing. NATURAL RESOURCES / ENVIRONMENTAL We support .. . • funding for the implementation of the State Water Plan. • establishing a Watermaster for the Brazos River Basin. • the State of Texas issuing Greenhouse Gas Permits. • continuation of the current law stating start date of the Allen's block any effort to delay the project. water use policies that recognize the importance of conservation and the need to adopt sustainable methods of water usage and new sources that recognize and balance the rights of all users within a watershed. legislation to provide the State match to federal dollars for a feeder beach project at Treasure Island that would provide nourishment and protection along the entire length of Follett's Island. increasing Texas' share of federal dollars dedicated for erosion control efforts with the Beach Maintenance Plan. the continuation of the Texas Emissions Reduction Program (TERP) and the Low Assistance Program (LIRAP) to further reduce mobile source emissions. TxDOT sponsorship and funding for the re -opening of the San Bernard River. Creek Reservoir project begins in 2018 and to establishment of a GLO Income Vehicle Repair TRANSPORTATION We support .. eliminating diversions from TxDOT's gasoline tax revenues. • research into a revenue system to adequately fund transportation. • efforts to streamline and accelerate the environmental review process for highway projects. • the 1-69 southern route in order to serve Texas ports more effectively. • the Brazoria County segment of the Grand Parkway. • construction of toll roads including SH 35 (from 145 to the City of Alvin) and SH 288 (from US 59 to SH 99/County Road 60 in Brazoria County). • designation of SH 36 and FM 523 to and from Port Freeport as primary truck routes to highways SH 288, US 59, IH 45 and IH 10. • innovative State funding measures for State highways and rail service to Port Freeport, including SH 36. • completion of the main lanes on State Highway 35 Bypass in Alvin to accommodate increased traffic and goods coming from Port Freeport. ECONOMIC DEVELOPMENT We support .. . • re -authorization of Chapter 313 of the Texas Economic Development Act. • maintaining local control and flexibility in the use of tax abatements, tax increment financing, reinvestment zones and other incentives to promote economic development and job creation. • maintaining the allocation of 1/12 of the State hotel occupancy tax revenue to fund the tourism advertising and promotion program of the Governor's Office of Economic Development and Tourism. • continuation of Texas Enterprise Fund and additional incentives which attract more business to Texas. • continuation of Texas Emerging Technology Fund which fosters innovation, research and job creation in emerging high-tech industries. GOVERNMENT We support .. . • allowing counties to enforce the Uniform Building Codes. • providing counties with the ability to manage the unincorporated areas on such issues as fireworks, noise, salvage yard regulations, and standards for subdivisions. • providing a workable program on OSSF (on-site sewage facilities) — aerobic systems. • local retention and control of collections of fines and fees. HEALTHCARE We support .. . • stabilization of Medicaid to include funding increases due to demands from the population growth in the State. • increasing funding to hospitals over the current 50% of their Texas Health and Human Services Commission audited costs for inpatient services. • protection of our hospitals, as they were the second largest source of new jobs from 2006 to 2010. • confirmation of health coverage for employees of companies that receive Texas Enterprise funds. • initiatives to support uncompensated trauma care funding. • any funding opportunities that address behavioral health services to include an adequate outpatient treatment system. COUNTY / STATE ISSUES We support .. . • legislation for affordable and available windstorm insurance. • the reduction of the size and scope of government. • restoring funding to the 2010 level for Statewide Library Programs. • the full dedication of the sporting goods sales tax to funding the State and local parks systems. • the State's partnership with coastal counties and federal officials to resolve the levee decertification issue. • the elimination of unfunded mandates. • the constitutional principle that property taxation be equal and uniform for all Texans. ADVANCED TECHNOLOGY We support .. • the Texas Legislature's efforts to ensure Texans have access to cutting edge networks and technologies, including IP broadband, that can deliver substantial economic benefits for consumers and businesses. • promotion of innovation over burdensome regulation, through smart incentives and tax policy that can unleash a new wave of economic growth and job creation to strengthen our State and our nation. • private investment and competition to provide innovation, consumer choice, and the proliferation of advanced technologies to meet our education, health care, community and economic needs. RESOLUTION NO. 14-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 84th 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 basic and emergency services; and WHEREAS, local governments are the first responders in local emergencies; 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 SUGAR LAND, TEXAS: 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 Sugar Land shall proactively seek the filing and passage of any legislation identified as being sought in Exhibit A. Section 3. The City Council IG Committee and the City's representative on the Texas Municipal League (TML) Resolutions Committee 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 Sugar Land in Exhibit A. Section 4. The City Manager and his staff shall: a. Take all necessary actions to inform Sugar Land 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 consort 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 expects 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 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 2015 Legislative Agenda as shown on Exhibit A, attached to and incorporated into this resolution by reference. Section 7. That Resolution No. 12-24 is repealed. APPROVED on ,2014. James A. Thompson, Mayor ATTEST: Glenda Gundermann, City Secretary Reviewed for Legal Compliance: Attachment: Exhibit A- 2015 Legislative Agenda EXHIBIT A THE CITY OF SUGAR LAND 2015 LEGISLATIVE AGENDA Position Statements Un -Funded Mandates 1. Oppose legislation that would require expenditures by the City without a source of revenue provided by the State. 2. Oppose legislation that would impose a presumption that first responders incurred illnesses or injuries in the line of duty. Municipal Powers 1. Oppose legislation that erodes the authority of city government or is detrimental to cities. 2. Support legislation that is beneficial to the City's interest. Municipal Revenue 1. 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. 2. Support simplifying the effective tax rate calculation for notice purposes only, provided the legislation would have no effect on the underlying effective tax rate and rollback tax rate calculations themselves. 3. Support legislation that accurately notifies and explains to taxpayers the actual impacts of the effective tax rate while deleting parts of the notification and adoption process that causes confusion and is inconsistent with the goal of providing a transparent budget and tax rate setting process. 4. Support any initiative to restore funding from the Sporting Goods Sales Tax, dedicated to Local Park Fund Grants and State Parks. 5. Support legislation that would enable municipalities to raise the fee amounts for the City portion of municipal court fees collected by cities. 6. Oppose legislation that would restrict the ability of municipalities to issue debt through either General Obligation or Certificates of Obligation bonds. 7. Support state or federal legislation that would expand the use of public, educational, and government (PEG) fees to include operational and related costs associated with PEG channels. 8. Oppose legislation that would further lower the appraisal cap and unfairly shift taxes to other taxpayers. 9. Support legislation that would increase funding for arts & cultural programs. Collective Bargaining 1. Oppose legislation that would impose expanded collective bargaining rights. 2. Oppose legislation that would expand the current meet and confer law. Land -Use Regulation and Annexation 1. Oppose legislation that would restrict the zoning authority of cities. 2. Monitor the creation or modification of special districts within the City and its ETJ, and support or oppose them as necessary. 3. Oppose legislation that erodes the authority of cities to annex. 4. Oppose any legislation that would limit the City's ability to enact building code requirements or assess building inspection fees. 5. Support legislation to modem language in state law under Local Government Code Chapter 212 in order to eliminate the public hearing requirement for residential re plats which must be approved per state law if all code requirements are met or to revise the required public notice to include a statement that says, "If the plat meets all codes, it must be approved" Economic Development 1. Oppose attempts to restrict the ability of cities to use Type A (4A) and Type B (4B) funds. 2. Support the ability of cities to hold a single election to eliminate one sales and use tax and to adopt another. 3. 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. 4. Support expansion or continuation of adequate funding for the Texas Enterprise Fund, Emerging Technology Fund, Skills Development Fund, Texas Enterprise Zone Program, and the Research and Development tax credit program. 5. Support continuation of the Hotel Occupancy Tax (HOT) for tourism marketing. Transportation 1. Support state funded and local -option funding choices to be utilized for transportation purposes. 2. Support legislation that would discontinue the diversion of transportation revenues to non - transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation projects. 3. Support funding of the voter -approved Texas Rail Relocation & Improvement Fund. Right -of -Way and Utilities 1. Oppose legislation that would negatively impact the City's authority over its right-of-way. 2. Oppose legislation that would limit the current ability of the City to receive fair market compensation for use of its public rights-of-way. 3. Oppose legislation that would impose on cities: mandatory water conservation measures; "tap fees" or other types of state charge on municipal water systems; or any other onerous regulations as it relates to utilities provided by a city. 4. Support legislation to enable the City to build and operate recreational facilities in utility easements, including power line easements, for the purposes of walking and biking trails and other recreational uses/facilities, while also reducing any liability for those utility owner/operators. 5. Support legislation that would increase the authority of municipalities in requiring increased public notice of major pipeline activities — such as flaring — that have a direct impact on the quality of life of city residents. 6. Oppose any legislation that would diminish or limit the City's original jurisdiction over electric and gas rates. Water Resources 1. Actively monitor, evaluate, and act, if necessary, on any legislation related to the Gulf Coast Water Authority, the Fort Bend Subsidence District, and the Brazos River Authority including governance, water planning, water fees, and Watermaster issues. 2. Support legislation that would protect and expand the City's ability to purchase water, provide water to its residents and customers, use water within its City and Extraterritorial Jurisdiction Areas, and collaborate with local and regional entities on projects or initiatives that seek to enhance the City's water resources goals. 3. 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 Fort Bend and Houston areas — provided that the investments already made by the City are reflected in any proposed financing mechanisms. Open Meetings/Open Records 1. Oppose any attempt that would make the current open meetings and public information laws more restrictive and ambiguous. 2. Support uniform application of the public information and open meetings laws at every level of government including State legislative and executive branches. 3. Support clarifications to public information and open meetings laws so that elected officials, including State legislative & executive officials, can better communicate with their constituents. 4. Support expansion of the ability to charge for costs related to reproduction of public information, including costs of materials, labor, overhead, electronic copies and for viewing of documents. 5. Support legislation reducing the financial burden on local governments required by the Open Meetings Act and Open Records Requests. Homeowners Associations (HOAs) 1. Support the authority and role of Homeowners Associations and to oppose limitation of functions HOA 's were created to perform. 2. Support legislation that would enable HOAs to gain access to funding to maintain properties as neighborhoods age. Public Advertising 1. Support legislation that would enable the use of electronic notice for all public notices. Texas Municipal Retirement System 1. Support legislation that would protect the City's previous and future investments in the TMRS system. Purchasing 1. Support legislation to clarify change orders for Public Works projects as it relates to previous changes to Chapters 252, 271, and 2267 of the Texas Local Government Code. 2. Support continuation of alternative project delivery methods that allow municipalities to select contractors based on both price and qualifications. Public Safety 1. Support the ability of local governing bodies to determine the appropriate use of technology in public safety. 2. Oppose any further reduction of local government oversight of the safety of home cottage food facilities. Economic Alliance Houston Port Region 2015 State Public Policy Agenda The Economic Alliance Houston Port Region was created in 1985 to provide professional economic development services on behalf of 16 communities surrounding the 25 -mile Houston Ship Channel. Since 2008, the Economic Alliance has supported over 40 successful projects that have helped create more than 4,400 new jobs and over $5.5 billion of capital investment to the Houston Port Region. Economic Development: • Advocate for maintaining and modernizing valuable economic development programs for the continued development and growth of the region. • Work with, support, and lead where necessary, alliances of Economic Development partners, businesses and industry associations, to accomplish important public policy goals. Manufacturing / Petrochemical: • Advocate for environmental legislation that is fair, consistent, and based on sound science. • Advocate for a fair tax structure that does not place businesses at a competitive disadvantage. • Advocate for the resources to continue building and maintaining critical infrastructure necessary to retain and develop business and industry in the region. • Advocate for legislation that ensures continued development of historic gulf coast oil fields through enhanced oil recovery by removing regulatory barriers and creating an improved statutory procedure for full unit operations. Transportation & Infrastructure: • Support funding for completion of overpasses on TX -146 through Seabrook. • Advocate and provide recommendations for funding, to build and maintain critical transportation infrastructure to support the industries and communities we represent. • Advocate for funding to build and maintain critical infrastructure necessary to protect communities, businesses, and industry in the region from the impact of coastal storm surge damage caused by future storms. Maritime: • Support the Texas Department of Transportation's efforts to incorporate ports and freight mobility into the overall transportation system through improvements to roads, rail and the Gulf Intracoastal Waterway. • Advocate for environmental legislation on air quality, water quality, and sustainable practices, based on sound science that keep Texas ports competitive in the global market. Education/Workforce Development: • Promote workforce and skills alignment by enhanced funding for the Skills Development Fund and Jobs and Education for Texans (JET) program. • Empower community colleges by developing a process by which colleges who demonstrate the need for proposed bachelor degree programs in their region are allowed to offer those degrees to students. --OVER-- • Affirm state funding commitments to core college operations, contact hours, and student success points. Student success points should be funded at a rate that is no less than the rate funded in the 83`d Session. • Allow implementation of HB5 to continue with little or very minor changes, as this was implemented in Fall 2014, and school districts and colleges need time to discover where improvements can be made. • Require the use of common course numbering systems at all public institutions of higher education to enhance transferability and degree completion for students. • Provide funding for Adult Basic Education. Current funding is for 100,000 students and there are 3 million eligible students. • Any increase in Texas Grants funding should also include a corresponding increase in funding for the Texas Educational Opportunity Grant (TEOG) program.