Loading...
HomeMy WebLinkAbout024291 RES - 11/21/2000RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM FOR THE SEVENTY-SEVENTH SESSION OF THE TEXAS LEGISLATURE. WHEREAS, the 77th Texas Legislature convenes in January 2001; and WHEREAS, the Legislature will consider many measures that may affect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for City officers and representatives in conducting the City's legislative efforts and relations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the Legislative Program, which is attached to and incorporated into this resolution, for the 77th Session of the Texas Legislature. SECTION 2. This Legislative Program remains in effect during the 77th Session of the Texas Legislature unless amended by the City Council. ATTEST: ~~ Armando Chapa City Secretary APPROVED: THE CITY OF CORPUS CHRISTI Mayor /~/V~ay of /'~/ovc,, ~.f , 2000. James R. Bray Jr. City Attorney R. Ja R ning Fir~is~s~ nt City At'to rney 024291 2001 resolution doc Corpus ~isti, Texas The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott O24291 200'[ resolution.doc CITY OF CORPUS CHRISTI Legislative Program 77th Legislative Session November 14, 2000 INTRODUCTION Prior to the commencement of each legislative session, the City of Corpus Christi staff, working with input from local interests, Texas Municipal League, other cities, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities during the 140 days of the session. In each legislative session, the number of bills that are introduced is massive. For example, in 1999, almost 6,000 bills were introduced, over 1,600 actually passed, with approximately 1,230 of the bills City-related, of which slightly more than 130 passed. Unfortunately a large percentage of the efforts by cities are necessarily directed simply at stopping bad pieces of legislation which would negatively affect cities. Over the past few legislative sessions, the City of Corpus Christi, with the tremendous support and action of our local legislative delegation, has had very good success in not only stopping bad bills which would negatively impact us, but also in the passage of legislation which very positively affects us. For example, in the last legislative session, a serious assault on cities' annexation powers was successfully defeated, while at the same time, the City, through our local legislative delegation, was able to fund expansion and renovation of the Convention Center, provide liability protection for our Latchkey Program, acquired the official designation of the Museum of Science and History as the Texas Maritime Repository, and funding of the local Estuary Program, among a number of other issues. The upcoming 77th legislative session will undoubtedly consider many issues that are detrimental to cities and will be extremely crowded because the Legislature must also deal with redistricting. As in the past, the City anticipates working very closely with our local legislative delegation. In addition, we will work with the Texas Municipal League as well as the very active legislative lobbying group of the eight largest cities (this latter group meets once a week during the legislative session with TML staff to coordinate action.) The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of policies and procedures. The communication of this legislative program is carried out on a day to day basis by the Assistant City Manager for Intergovernmental Relations and Community Development under the general direction of the City Manager after approval of the program by the City Council. The Mayor and City Council Members are called upon to testify in Austin on a case by case basis, as well as City staff from the Police and Fire Chiefs and City Attorney to departments heads. I. GENERAL POLICY AND PROCEDURES a. The City will support legislation and administrative actions that: 2. 3. 4. Will protect and enhance City revenues. Reduce costs to the City. Provide for more local control. Protect those policies previously established through the Charter, ordinances, resolutions, and master plans. Provide increased educational opportunities for the citizens of Corpus Christi and the region. The City will oppose legislation or administrative actions that: 1. Undermine the principle of home rule and local self-government. 2. Result in the loss of revenue growth to cities. Diminish the authority of cities to regulate and manage their growth and development. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. 5. Diminish any existing authority of cities. Impose mandates that require any expenditure by the City unless all costs of same, including administrative as well as direct out-of-pocket costs, are fully reimbursed by the mandating government. The City Council will determine the City position on all legislative issues. The City's Boards, Commissions, and Advisory Groups may not represent in oral testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. Positions on legislative or administrative matters originating outside of the City Council, but within the City's governmental framework shall be submitted to the City Manager for review prior to consideration by the City Council. The legislative or administrative positions herein approved, and others separately approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Legislature and Congress, in general, and/or to the appropriate legislative committees and administrative agencies or to others by members of the City Council, the City Manager, staff persons, and consultants and others designated by the City Manager. The City will coordinate its legislative and administrative program with other political jurisdictions and provide assistance to those political jurisdictions where possible and where there is a commonality of interest. The city will support the legislative program of the Texas Municipal League, except to the extent it conflicts with any policy herein. It is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistently with the necessarily broad policy concerns set forth in this policy. In this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: Priority means that the City will actively pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other entity (or actively oppose, as specified). = Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. II. FINANCIAL INTEGRITY eo PRIORITY Franchise Fees. The City unalterably opposes any measure which would reduce the City's existing franchise fees, the growth of those franchise fees, or its ability to charge franchise fees, and any measure which would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights-of-way. Franchise fees are essential to continuation of basic services. A vote to reduce franchise fees would be a vote to increase local ad valorem taxes or reduce basic local services such as police, fire, roads, and parks, and would constitute a gift of public property for private purposes. State Hotel Tax for Beach Maintenance. The City supports legislation which would provide State hotel tax funding of 1% for beach maintenance. Street Accessibility Improvements. The City supports legislation which would authorize a street use fee or other funding source to construct facilities to enhance disabled access. ACTIVELY SUPPORT 911 Fees. The City opposes legislation which would hinder its withdrawal from participation in the 9-1-1 regional plan, or which would inequitably affect the Corpus Christi area on 9-1-1 funding. Liability Law. The City supports legislation to reduce potential liability of municipalities and municipal employees for torts and other actions and opposes legislation which would increase such liability. Sales Tax Information. The City supports legislation to allow cities to obtain sales tax information on any entity that annually remits sales tax payments of more than $100,000. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. Indemnity Provisions. The City opposes legislation invalidating or prohibiting indemnity provisions in public works contracts. Mandated Fees. The City opposes legislation which would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would be clearly dedicated for programs beneficial to the City. ENDORSE Crime Victims Fund. The City supports legislation to allow local entities to share in the revenue collected under the Crime Victims' Compensation Fund for eligible projects. Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal of a specific property. Municipal Court Costs. The City supports legislation which would consolidate all State court costs collectible by municipal courts into one fee payable to the State, and require that, in case of partial payments, a city and the state will split the payments until both receive the proper amount of revenue. The City opposes additional State fees or court costs on municipal courts. m. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. School Traffic Court Cost. The City supports legislation to reinstate the local option court costs for a traffic offense that occurs in school zone or for unlawfully passing a school bus. Truth in Taxation. The City supports legislation which would exclude new growth for the purpose of determining notice and hearing requirements triggered by additional ad valorem tax revenue. III. ESSENTIALINFRASTRUCTURE PRIORITY Water. The City supports legislation to protect the City's water supply and water rights, and to enable the City to expand its water supply and rights, and strongly opposes legislation which would diminish or challenge such water supply or water rights or the City's ability to expand such. The City supports amendments to the Texas Water Code which would remove unreasonable restrictions on interbasin water transfers, and which would encourage use of market forces to distribute water and water rights subject to reasonable environmental regulations. ACTIVELY SUPPORT b. Transportation. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. Funding for Construction and Maintenance. The City supports legislation that would increase the level and availability of state transportation funding for construction and maintenance. Streamlining: The City supports legislation that would streamline the Texas Department of Transportation to make it more effective and efficient. IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORI'I'~. Development. The City strongly opposes legislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured, housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. Windstorm Insurance. The City supports windstorm insurance legislation which assures full replacement cost coverage to presently existing building codes, and exclusion from windstorm building regulations for parts of the city outside the coverage area. Marine Archeological Repository Funding. The City supports legislation which at a minimum provides equitable funding to the City's Museum from any state allocation of funds for marine archeological repositories. Regulation of Location of Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. ACTIVELY SUPPORT Affordable Housing. The City supports affordable housing initiatives which do not undermine the City's regulatory authority to protect the public health, safety, and welfare. Building Codes. The City supports legislation maintaining and expanding municipal authority to select building codes and make local amendments as determined by local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. Platting. The City supports legislation that would: 1) repeal the "five acre exemption" in the platting statute; 2) direct the county clerk to require that deed filing include an affidavit verifying compliance with subdivision requirements. Historic Courthouse Preservation. The City supports full State funding for preservation of historic courthouses for which preservation is feasible. i. Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. Annexation Authority. The City opposes legislation that would erode current annexation authority. Condemnation Authority. The City opposes legislation that would erode condemnation authority. Dune Protection. The City supports city administered dune protection within city limits and cities' ETJ. ENDORSE Plumbing Inspectors. The City supports legislation to replace current regulations relating to plumbing inspectors, by establishing qualifications for taking the state plumbing inspector exam and maintaining a plumbing inspector license. Electrical Licensing. The City opposes legislation which would impose a statewide electrical licensing law. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions. po Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. V. CHILDREN AND YOUTH PRIORITY a. Juvenile Crime. The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well-being, and continued funding of CYD programs. ENDORSE b. Safe Schools Act. The City opposes weakening of the Safe Schools Act. VI. EDUCATION PRIORITY Higher Education. The City supports legislation to advance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M University-Corpus Christi to operate as a strong and viable four-year university, including special item funding; and legislation to insure adequate funding for the operation and programs of the Del Mar Junior College District, including Full Formula Funding. Regional Public Safety Training Academy. The City supports legislation to enable development of a Regional Public Safety Training Academy in Corpus Christi. Support of Local School Districts. In general, the City supports the legislative programs of local school districts leading to enhancement of educational opportunities for citizens of Corpus Christi. ACTIVELY SUPPORT South Texas/Border Initiative. The City supports continued funding of the South Texas/Border Initiative. 10 VII. PUBLIC SAFETY AND HEALTH ao PRIORITY Fire Control and Prevention District. The City supports legislation permitting the creation of Fire Control and Prevention Districts similar to Crime Control and Prevention Districts. Child Safety Registration Fee. The City supports legislation to amend current law to: (1) increase the optional county vehicle registration fee for child safety from $1.50 to $3.00; (2) require a county to impose the fee if requested by a city or cities whose total population exceeds 2/3 of the total population of the county; and (3) prohibit a county from rescinding the fee after it has been adopted in that manner. ACTIVELY SUPPORT Pawnshops. The City supports legislation which would 1) require licensed pawnshops to provide electronic access to local law enforcement agencies of all pawn transactions, 2) and which would protect and strengthen cities authority to regulate pawnshops. Liability Limit Outside of Jurisdiction. The City supports legislation that would limit liability against City emergency service providers when requested to provide service on an emergency basis in another jurisdiction. Photograpic Traffic Signal Enforcement: The City supports legislation that would allow cities to employ photographic traffic signal enforcement. 9-1-1 Emergency Service Systems. The City opposes legislation that would diminish the authority of cities to operate their own, independent 9-1-1 emergency service systems. Crime Control District. The City supports changes to the statute that would allow the definition of city sales tax rather than county for city created crime control districts. ENDORSE Community Service for Minors. The City supports legislation to eliminate the requirement that mandatory community service imposed on a minor convicted of certain alcohol or tobacco offenses be alcohol or tobacco-related. Rabies Vaccinations. The City supports legislation to authorize designated local rabies control authorities to vaccinate animals under their control for rabies and to obtain vehicle owner records from law enforcement agencies in the course of their required duties. Impoundment of Uninsured Vehicles. The City supports legislation to authorize the impoundment of motor vehicles that are not covered by insurance. Nuisances. The City supports legislation which would allow a city to pursue nuisance remedies against the owner of a multi-unit residential property who knowingly permits certain violent criminal offenses to occur on the property. Paint Sniffing. The City supports legislation to repeal Section 485.018, Health and Safety Code, which prohibits a city from enacting an ordinance that requires a business establishment to display abusable glue or aerosol paint in a manner that makes the glue or paint accessible to patrons of the business only with the assistance of personnel of the business. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. Smoking Regulation. The City opposes legislation which would weaken city authority to regulate the sale, distribution, advertising, display, or promotion of tobacco products. Peace Officers. The City opposes legislation to authorize additional entities to employ and commission peace officers. VIII. UTILITIES PRIORITY Electric Industry Deregulation, The City supports continued electric industry deregulation legislation but only if it 1) fully preserves municipal authority over rights-of-way or other public property; 2) fully preserves municipal authority to impose a right-of-way fee that: a) is equal to that received prior to competition, and b) increases with growth; 3) ensures that all citizens will benefit through lower rates; 4) assures that electric system reliability and service quality will be maintained at standards equal to or better than the reliability and service standards which exist today; 5) allows cities to serve as aggregrators; 6) provides checks and balances against concentration of market power through takeovers, mergers, acquisitions, or other means; 7) protects the ability of a municipally owned utility (MOU) to operate profitably, continues to exempt MOU's from regulation by the Public Utility Commission, and protects the financial integrity of any city. Right-of-Way Control. The City opposes legislation which would erode the authority of cities to manage and control their rights-of-way and other public property. ACTIVELY SUPPORT Franchise Requirement for PUC Certificate. The City supports legislation which would require an applicant for a Service Provider Certificate from the Public Utility Commission to obtain a city franchise. Underground Facilities Notification. The City opposes legislation that would amend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee unless the fee is determined on a more equitable basis, and 4) require mandatory participation by cities as Class B operators. Sections 401 and 404 Certifications. The City supports legislation that, with regard to Sections 401 and 404 certifications (Clean Water Act), would prevent the Texas Natural Resource Conservation Commission (TNRCC) from expanding the scope of its activities beyond that required by law. ~3 ENDORSE Use of Water Courses. The City supports legislation which assures the unlimited right of cities to use water courses in the state to discharge permitted wastewater. 14 IX. ENVIRONMENT PRIORITY Effluent Use. The City supports legislation that would assist the innovative use of wastewater effluent, including diversion into estuaries in lieu of water release requirements from reservoirs. Air Quality. The City supports continued allocation of financial resources for near non-attainment areas, which is essential for those communities striving to remain within federal guidelines for air quality. National Estuary Program. During the last legislative session, the City of Corpus Christi actively supported State funding of the local National Estuary Program. It is an important priority that the program continue to be funded, possibly at an elevated level. Regional Water Planning. Under SB 1, which was passed during the last legislative session, regional water planning groups were established across the State. It is imperative that continued funding of these groups occur. ACTIVELY SUPPORT Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and development. Beach Cleaning. The City supports full State funding of the beach cleaning program. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. Drainage/Stormwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist in solving such problems. Solid Waste. The City supports legislation which would: 1) create/continue state incentives for demonstration projects of volume-based solid waste rates; 2) allow for a refund of a portion of the solid waste tipping fee for cities that voluntarily institute volume-based solid waste rates; 3) create/continue state incentives for cities to voluntarily adopt yard waste bans; 4) allow creation of solid waste management districts; 5) require the TNRCC to adopt the EPA's "503" rules relating to land application of sludge and to encourage cities to pursue beneficial use of sludge rather than landfilling; 6) prohibit the TNRCC from enacting a landfill standard more stringent than federal law, and/or require the TNRCC to allow maximum flexibility for landfills under federal law. The City opposes legislation which would: 1) require cities to adopt volume-based solid waste rates or full-cost accounting procedures for solid waste services; 2) eliminate existing incentives for demonstration projects of volume-based solid waste rates; 3) impose a ban on yard waste; 4) eliminate existing incentives for cities to voluntarily adopt yard waste bans; 5) require landfills to further identify the source of solid waste accepted at the landfill; 6) expand the authority of counties or other entities to regulate the siting of landfills that are part of a regional solid waste plan; 7) mandate waste separation beyond current law; 8) mandate recycling beyond current law; 9) mandate composting; 10) increase the solid waste tipping fee or change the allocation formula in such a way that grants to cities from funds generated by the fee are endangered; 11) erode the authority of cities to provide solid waste services in newly annexed areas. Glass and Plastic Bottles. Several states have enacted State-wide container deposit laws for both glass and plastic bottles. Such a deposit system would substantially enhance litter removal from public rights-of-way in the City of Corpus Christi. X. PERSONNEL PRIORITY City Medical Providers. The City supports legislation to include city employees who provide medical services within the same limits on liability applicable to other city employees. ACTIVELY SUPPORT Emergency Response. The City opposes legislation which would erode current municipal authority to establish standards relating to response of non-resident employees to civil emergencies or which would in any other way, erode current municipal options regarding residency policies. Collective Bargaining Law. The City opposes legislation which would broaden current law regarding adoption of collective bargaining. State Fire and Police Civil Service. The City supports amending the State Fire and Police Civil Service law to: 1) permit entrance examinations for police officers to be held at different locations; 2) redefine the probationary period for police officers to be either 12 or 18 months from the date of licensing; 3) permit score-banding in entrance examinations; 4) require dismissal of police or fire personnel convicted of a felony without civil service appeal; 5) permit full list certifications for all candidates who pass the entrance examination; 6) extend the alternative promotional system provision to fire departments; 7) extend experience provisions to fire fighters; 8) authorize civil service commission to appoint independent expert to conduct conclusive medical/mental examinations; 9) define "working day"; 10) define "year of injury leave"; 11) permit cities to pool resources to develop and administer entrance exams; 12) require police officers and fire fighters to notify their departments if arrested or convicted of a crime; 13) extend the time to hear appeal of disciplinary action from 30 to 45 days; 14) include "deferred adjudication" as a conviction; 15) clarify that there is no appeal from decision of panel of physicians; 16) allow filling of a position following a determination that the officer is physically or mentally unable to perform his duties; 17) allow the civil service commission to set additional standards for a beginning position; 18) allow the civil service director to certify three "suitable" candidates from the entrance eligibility list; 19) restrict payment of up to 90 days sick leave to only one time for persons involuntarily separated and who return to the classified service; 20) permit score banding on promotional exams; 21) permit full list certification of all candidates who pass promotional exams; 22) eliminate the option of requesting a third party hearing examiner. 17 ENDORSE Internal Investigations. The City opposes legislation which would create special employment rights for any group of public employees who may be the subject of internal investigations. Mandated Job Protection. The City opposes legislation that would erode the employment-at-will doctrine. Nepotism. The City opposes legislation that would invalidate any city nepotism policies. 18 Xl. ECONOMIC DEVELOPMENT PRIORITY Military. The City supports continued funding and legislative support of the Texas Strategic Military Planning Commission. Spaceport. The City supports efforts to procure the Spaceport for Texas and supports efforts to set aside $50 million in State aid for the winning location. ACTIVELY SUPPORT Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. Child Care. The City supports increased, sustained State funding for child care. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. E-Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local government's ability to collect sales tax on commerce over the internet. ENDORSE Executive Sessions. The City supports legislation to permit a governing body to discuss economic development incentives in executive session. Proprietary Information. The City supports legislation to assure that proprietary information provided during the economic development application process be confidential under law. Waiver of Agricultural Rebate. The City supports legislation which would allow a city the option of waiving the payment of three years of recalculated property taxes when agricultural land is converted to a different use. 19 Rail Policy. The City supports development of a rail policy to protect our citizens from monopoly railroads. Workforce Development. The City supports local control over employment training programs, continuation of Smart Job training grants and the Skills Development Fund, and State funding for adult literacy programs. 2O Xll. EFFICIENT ADMINISTRATION PRIORITY Design-Build. The City supports legislation that would allow cities to enter into "design-build" contracts. Procurement. The City supports legislation that would allow cities to increase from $15,000 to $25,000 the procurement amount at which a city would be required to seek competitive bids. ACTIVELY SUPPORT Effective Tax Rate Calculation. The City supports legislation that would allow a city to adjust its effective tax rate calculation to account for mandated (statutorily- imposed) reductions in general fund revenue. Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. Property Tax Exemption. The City opposes legislation that would enact a property tax exemption that would be a substantial erosion of the tax base. Delinquent Sale Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attorney general's suit. Notification of Delinquent Amounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to rate case and complaint dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a rate case is found to be unjustified. Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligation outside of economic development. ENDORSE 21 Open Meetings Act. The City supports legislation clearly exempting from the Open Meetings Act attendance by a quorum at public community events, and clarifying restrictions on meetings in less than a quorum. The City opposes making the Act more restrictive. Open Records Act. The City supports legislation which would change the date by which requested information must be released after receiving a decision from the Attorney General from 10 calendar days to 15 business days, and to change the date to file suit challenging a decision of the Attorney General from 10 calendar days to 15 business days from receiving the decision. Municipal Court Fees. Repeal the statute imposing a court fee on any person who seeks to pay a fine over time rather than immediately; or if that fails, legislation that would clarify the statute by: 1) defining "immediately," and 2) stating whether the fee is to be collected per offense or per defendant. 22