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City of College Station
    Legislative Plan
 83rd Texas Legislature
City of College Station
                       DRAFT Legislative Plan
                        November 19, 2012
The 83rd Texas Legislature will convene Tuesday, January 8, 2013 at the State Capitol.
The membership of the legislature will include a large number of new members,
especially in the Texas House of Representatives. There will be 94 Republicans and 56
Democrats in the House including 41 freshman who will join 25 second term members.
 The Senate retains its division of 19 Republicans and 12 Democrats.

The Comptroller of Public Accounts has reported improvements in the Texas economy
largely resulting from increases in sales tax receipts. Additionally, the state’s Rainy Day
Fund, generated primarily by oil and gas production taxes, has replenished to an
estimated $8 billion after lawmakers dipped into it in 2011 to use more than $3 billion
to help pay for the state budget. However, lawmakers will be tasked with funding
familiar big ticket items including a Medicaid program underfunded by $4.7 billion,
increases in the public education population, rising costs and client numbers in health
and human services programs, transportation projects and others.

Current members of the legislature began filing the first of more than 5,000 proposals
expected to be filed during the legislative session Monday, November 12, 2012. Many
of these bills, if passed, will impact cities. The City will direct staff and its legislative
consultants to make efforts to assist in the passage of bills favorable to the City and to
assist in the defeat of bills harmful to the City.
State Senator - Dr. Charles Schwertner, Georgetown
       State Representative - John Raney, Bryan
       State Representative - Kyle Kacal, Bryan
LEGISLATIVE TIMELINE
•   Tuesday,        January        8,       2013        (1st      day)
    83rd Legislature convenes at noon

•   Friday,      March          8,      2013        (60th     day)
    Deadline for filing bills and joint resolutions other than local bills,
    emergency appropriations, and bills that have been declared an
    emergency by the governor

•   Monday,       May     27,     2013      SINE       DIE(140th      day)
    Last day of 83rd Regular Session; corrections only in house and senate

•   Sunday, June 16, 2013 (20th day following final adjournment) Last day
    governor can sign or veto bills passed during the regular legislative
    session

•   Monday, August 26, 2013 (91st day following final adjournment) Date
    that bills without specific effective dates that could not be effective
    immediately                 become                  law
PROPOSAL OF INITIATIVES
The City will identify a specific issue and lead efforts to pass the related legislation. These efforts
include assisting with the drafting of the legislation, securing a bill sponsor in both chambers,
providing witness testimony and other measures to actively pursue passage of the bill and
approval by the Governor.


JOINT INITIATIVES
A joint initiative will be shared by the City and other stakeholders. The City will work with the
other stakeholders in a partnership to actively support the passage of legislation jointly pursued.
Roles and responsibilities of the City and all stakeholders will be clearly identified from the
outset.


SUPPORT
The City will support an issue, but will not be the primary advocate. These issues may originate
with associations the City or departments within the City belong to, but are strengthened
through support of the City. The City may communicate its approval of the issue through letters
of support to appropriate officials, witness cards in support at committee hearings or other
means as deemed necessary.


OPPOSITION
The City will oppose proposals identified as detrimental to the City including attempts to erode
municipal authority. The City will also oppose legislation that presents an unfunded mandate on
local government.
ISSUES
•   City Secretary

•   Economic Development

•   Electric Utility

•   Higher Education

•   Information Technology

•   Law Enforcement

•   Parks

•   Public Works

•   Water
CITY SECRETARY
• Monitor election laws including proposals
  related to SB 100, 82nd Regular Session.
• Monitor open meetings/open records law.
• Monitor Bureau of Vital Statistics Records
  proposals.
• Monitor notice by publication legislation.
ECONOMIC DEVELOPMENT
The City supports legislation that promotes
economic development opportunities through
the expansion of economic development funds
and statutes.


ELECTRIC UTILITY
Monitor the issues identified by the TPPA
(Texas Public Power Association) for impact on
MOUs (Municipally Owned Electric Utilities).
HIGHER EDUCATION
Support legislation beneficial to Texas A&M
University and Blinn College.

INFORMATION TECHNOLOGY
Technology
 • Monitor legislation related to the FirstNet
   program.
 • Monitor cybersecurity and data protection
   proposals.
LAW ENFORCEMENT
Utilize Chief Capps position on the Texas
Police Chiefs Association Legislative Committee
to help determine the City’s level of
involvement on related issues including the
agenda adopted by the Texas Police Chiefs
Association and Texas Major Cities Chiefs
below:
 •   Introduction of legislation that would
     eliminate the SOAH hearing related to an
     F-5 appeal if an agency has an appeals
     process.
•   Amend the Government Code to require the
    collection of a DNA sample from all suspects
    who are arrested for a Class B misdemeanor or
    higher.

•   Amend state law to grant Texas peace officers
    the authority to use mobile sobriety
    checkpoints.

•   Amend the Transportation Code to establish a
    penalty for FSRA (Failure to Stop and Render
    Aid) as a second degree felony.

•   Amend the Penal Code related to fleeing on
    foot situations.
• Amend wiretap laws to allow major police
    agencies the ability to conduct intercepts in
    the same manner as DPS.
 • Restoration   of LEOSE (Law Enforcement
    Officer Standards and Education) funding.


PARKS
Support TRAPS (Texas Recreation and Park
Society) initiatives to obtain community
support of legislation that increases funding for
Texas parks and recreation.
PUBLIC WORKS
Monitor the initiatives of TxSWANA (Lone Star
Chapter of the Solid Waste Association of
North America) and TexITE (Texas District of
the Institute of Transportation Engineers).


WATER
Utilize Dave Coleman’s expertise and contacts
to monitor water related legislation for impact
on the City including the following issues:
Proactive Support
 •   ASR Enabling: Support legislation that will allow PWS to
     complete Aquifer Storage & Recovery (ASR) projects
     without interference from Groundwater Conservation
     Districts.

 •   Support legislation that would clarify Water Quality
     requirements for ASR.

 •   Direct Potable Re-Use: Support legislation that allows
     “Flange to Flange” direct potable re-use.

 •   Support methods for the State to raise revenue to assist
     local authorities to execute water supply projects listed in
     the State Water Plan by providing funds with repayment
     deferrals or low-cost loans.
Support
 • Support casing for fracking operations.
 • Support legislation that would streamline
   the TCEQ process for reservoir permits.
 • Support   legislation that would give the
   TCEQ authority to mandate PWS to enact
   certain    Drought      Contingency   Plan
   restrictions.
Oppose

 •   Oppose proposals that would allow for the
     control and manipulation of the Desired Future
     Conditions appeals process.

 •   Opposes legislation that would mandate
     groundwater management based solely on surface
     acreage owned.

 •   Oppose legislation that would expand the
     endangered species list.

 •   Oppose the use of Whole Effluent Toxicity (WET).

 •   Oppose legislation that would attempt to mandate
     GCDs to use total aquifer storage as the measure
     for determining Desired Future Conditions.
GENERAL OPPOSITION

 •   Annexation - The City opposes legislation that would
     restrict current annexation law.

 •   Appraisal & Revenue Caps - The City opposes legislation
     that would impose revenue or appraisal caps thereby
     limiting the City’s ability to raise and collect revenue
     necessary to provide services to its citizens.

 •   Municipal Authority - The City opposes legislation that
     would diminish municipal authority including the ability
     to enact and enforce ordinances.

 •   Unfunded Mandates - The City opposes legislation that
     would result in an unfunded mandate on the City.

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City of College Station Draft Legislative Plan for 83rd Texas Legislature

  • 1. City of College Station Legislative Plan 83rd Texas Legislature
  • 2. City of College Station DRAFT Legislative Plan November 19, 2012 The 83rd Texas Legislature will convene Tuesday, January 8, 2013 at the State Capitol. The membership of the legislature will include a large number of new members, especially in the Texas House of Representatives. There will be 94 Republicans and 56 Democrats in the House including 41 freshman who will join 25 second term members. The Senate retains its division of 19 Republicans and 12 Democrats. The Comptroller of Public Accounts has reported improvements in the Texas economy largely resulting from increases in sales tax receipts. Additionally, the state’s Rainy Day Fund, generated primarily by oil and gas production taxes, has replenished to an estimated $8 billion after lawmakers dipped into it in 2011 to use more than $3 billion to help pay for the state budget. However, lawmakers will be tasked with funding familiar big ticket items including a Medicaid program underfunded by $4.7 billion, increases in the public education population, rising costs and client numbers in health and human services programs, transportation projects and others. Current members of the legislature began filing the first of more than 5,000 proposals expected to be filed during the legislative session Monday, November 12, 2012. Many of these bills, if passed, will impact cities. The City will direct staff and its legislative consultants to make efforts to assist in the passage of bills favorable to the City and to assist in the defeat of bills harmful to the City.
  • 3. State Senator - Dr. Charles Schwertner, Georgetown State Representative - John Raney, Bryan State Representative - Kyle Kacal, Bryan
  • 4. LEGISLATIVE TIMELINE • Tuesday, January 8, 2013 (1st day) 83rd Legislature convenes at noon • Friday, March 8, 2013 (60th day) Deadline for filing bills and joint resolutions other than local bills, emergency appropriations, and bills that have been declared an emergency by the governor • Monday, May 27, 2013 SINE DIE(140th day) Last day of 83rd Regular Session; corrections only in house and senate • Sunday, June 16, 2013 (20th day following final adjournment) Last day governor can sign or veto bills passed during the regular legislative session • Monday, August 26, 2013 (91st day following final adjournment) Date that bills without specific effective dates that could not be effective immediately become law
  • 5. PROPOSAL OF INITIATIVES The City will identify a specific issue and lead efforts to pass the related legislation. These efforts include assisting with the drafting of the legislation, securing a bill sponsor in both chambers, providing witness testimony and other measures to actively pursue passage of the bill and approval by the Governor. JOINT INITIATIVES A joint initiative will be shared by the City and other stakeholders. The City will work with the other stakeholders in a partnership to actively support the passage of legislation jointly pursued. Roles and responsibilities of the City and all stakeholders will be clearly identified from the outset. SUPPORT The City will support an issue, but will not be the primary advocate. These issues may originate with associations the City or departments within the City belong to, but are strengthened through support of the City. The City may communicate its approval of the issue through letters of support to appropriate officials, witness cards in support at committee hearings or other means as deemed necessary. OPPOSITION The City will oppose proposals identified as detrimental to the City including attempts to erode municipal authority. The City will also oppose legislation that presents an unfunded mandate on local government.
  • 6. ISSUES • City Secretary • Economic Development • Electric Utility • Higher Education • Information Technology • Law Enforcement • Parks • Public Works • Water
  • 7. CITY SECRETARY • Monitor election laws including proposals related to SB 100, 82nd Regular Session. • Monitor open meetings/open records law. • Monitor Bureau of Vital Statistics Records proposals. • Monitor notice by publication legislation.
  • 8. ECONOMIC DEVELOPMENT The City supports legislation that promotes economic development opportunities through the expansion of economic development funds and statutes. ELECTRIC UTILITY Monitor the issues identified by the TPPA (Texas Public Power Association) for impact on MOUs (Municipally Owned Electric Utilities).
  • 9. HIGHER EDUCATION Support legislation beneficial to Texas A&M University and Blinn College. INFORMATION TECHNOLOGY Technology • Monitor legislation related to the FirstNet program. • Monitor cybersecurity and data protection proposals.
  • 10. LAW ENFORCEMENT Utilize Chief Capps position on the Texas Police Chiefs Association Legislative Committee to help determine the City’s level of involvement on related issues including the agenda adopted by the Texas Police Chiefs Association and Texas Major Cities Chiefs below: • Introduction of legislation that would eliminate the SOAH hearing related to an F-5 appeal if an agency has an appeals process.
  • 11. Amend the Government Code to require the collection of a DNA sample from all suspects who are arrested for a Class B misdemeanor or higher. • Amend state law to grant Texas peace officers the authority to use mobile sobriety checkpoints. • Amend the Transportation Code to establish a penalty for FSRA (Failure to Stop and Render Aid) as a second degree felony. • Amend the Penal Code related to fleeing on foot situations.
  • 12. • Amend wiretap laws to allow major police agencies the ability to conduct intercepts in the same manner as DPS. • Restoration of LEOSE (Law Enforcement Officer Standards and Education) funding. PARKS Support TRAPS (Texas Recreation and Park Society) initiatives to obtain community support of legislation that increases funding for Texas parks and recreation.
  • 13. PUBLIC WORKS Monitor the initiatives of TxSWANA (Lone Star Chapter of the Solid Waste Association of North America) and TexITE (Texas District of the Institute of Transportation Engineers). WATER Utilize Dave Coleman’s expertise and contacts to monitor water related legislation for impact on the City including the following issues:
  • 14. Proactive Support • ASR Enabling: Support legislation that will allow PWS to complete Aquifer Storage & Recovery (ASR) projects without interference from Groundwater Conservation Districts. • Support legislation that would clarify Water Quality requirements for ASR. • Direct Potable Re-Use: Support legislation that allows “Flange to Flange” direct potable re-use. • Support methods for the State to raise revenue to assist local authorities to execute water supply projects listed in the State Water Plan by providing funds with repayment deferrals or low-cost loans.
  • 15. Support • Support casing for fracking operations. • Support legislation that would streamline the TCEQ process for reservoir permits. • Support legislation that would give the TCEQ authority to mandate PWS to enact certain Drought Contingency Plan restrictions.
  • 16. Oppose • Oppose proposals that would allow for the control and manipulation of the Desired Future Conditions appeals process. • Opposes legislation that would mandate groundwater management based solely on surface acreage owned. • Oppose legislation that would expand the endangered species list. • Oppose the use of Whole Effluent Toxicity (WET). • Oppose legislation that would attempt to mandate GCDs to use total aquifer storage as the measure for determining Desired Future Conditions.
  • 17. GENERAL OPPOSITION • Annexation - The City opposes legislation that would restrict current annexation law. • Appraisal & Revenue Caps - The City opposes legislation that would impose revenue or appraisal caps thereby limiting the City’s ability to raise and collect revenue necessary to provide services to its citizens. • Municipal Authority - The City opposes legislation that would diminish municipal authority including the ability to enact and enforce ordinances. • Unfunded Mandates - The City opposes legislation that would result in an unfunded mandate on the City.