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1 2009 LEGISLATIVE PROGRAM By the Governmental Relations Department October 7, 2008 Presented to the City Council.

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Presentation on theme: "1 2009 LEGISLATIVE PROGRAM By the Governmental Relations Department October 7, 2008 Presented to the City Council."— Presentation transcript:

1 1 2009 LEGISLATIVE PROGRAM By the Governmental Relations Department October 7, 2008 Presented to the City Council

2 2 INTRODUCTION AUSTIN TEAM HillCo –Brandon Aghamalian –Snapper Carr Lawrence Collins Charles Evans Walter Fisher

3 3 OUTLINE OF PROCESS Submitted to City departments a request for submission of potential issues Received and reviewed the submissions Sought clarification from departments relative to their submissions Prepared list of issues for consideration by the Legislative and Intergovernmental Affairs Committee – presented on three occasions

4 4 SEEK LEGISLATION Seek legislative authority for local option elections to provide for transportation funding for rail and roadway projects - City staff will work with and support the efforts of the third party firm retained to lead this effort during the 2009 session (CMO)

5 5 SEEK LEGISLATION (CONT’D) Mixed income housing – seek changes in rules so owners of mixed income projects have an equal opportunity for receiving credits that low income projects regularly receive (Housing/Economic Development)

6 6 SEEK LEGISLATION (CONT’D) Tax Increment Financing (TIF) statute amendments (Housing/Economic Development) –Allow for use of TIF funds for the acquisition of property outside the TIF to provide for infrastructure serving the TIF –Allow cities, like other jurisdictions, to offer historic tax exemptions to properties in TIFs

7 7 SEEK LEGISLATION (CONT’D) Amend state law to allow Flexibility Investment of Gas Well Proceeds (Financial Management Services) –Currently, the Public Funds Investment Act limits the types of investment that can be made with public funds –Seek language that exempts revenues of a local government generated from gas well leases, including bonus payments and interest generated from such revenues.

8 8 SEEK LEGISLATION (CONT’D) Amendment of electronic billboard statute so that it applies to the City of Fort Worth (Department of Law) –In February of 2008, TxDOT enacted certain new regulations governing the erection and operation of electronic billboards –The City of Fort Worth submitted a number of recommendations which TxDOT incorporated into the new regulations –The 2009 legislature will need to amend the appropriate statute to insure that the new regulations apply to the City of Fort Worth –Currently City staff is working to address this issue by means of a City ordinance which would avoid the necessity of seeking a legislative change.

9 9 SEEK LEGISLATION (CONT’D) Amend Chapter 43 of the Texas Penal Code to enhance the penalties for an offense of prostitution (Police and Department of Law) –Enhance any charge under this section by one level, e.g. Class B to Class A, for any offense that occurs within 1000 feet of a: Residence Church School or day care facility Public park or Motel or hotel Any premise licensed to sell alcoholic beverages or Sexually oriented business

10 10 SEEK LEGISLATION ( CONT’D.) Amend state law changing the current election dates for the Crime Control and Prevention District (CCPD) (CMO and Department of Law) –CCPD expires on the fifth anniversary date of the continuation referendum date –No grace period for fluctuation in uniform election dates, forcing continuation elections to be held 6 months prior to the dissolution date

11 11 SEEK LEGISLATION (CONT’D.) Potential Gas Well Legislation (Department of Law and Planning and Development) Potential Homelessness Legislation (Mayor’s Office and Homelessness Advisory Commission)

12 12 SUPPORT LEGISLATION Amendments to the Texas Nuisance Abatement Statute (Police) Amendments to the statute on metal recycling (Police) Amendments to the equine event and special event laws (Public Events) Amendment of local option election laws regarding statistical sampling and the deadline for a citizen to request full verification of voter signatures on the petition requesting an election (City Secretary)

13 13 SUPPORT LEGISLATION (CONT’D) Responsible management of oil and gas well operations (Planning and Development) Requirement for permitting of local recycling and composting facilities (Environmental) Amendment of Texas Emissions Reduction Program so that cities can access funds (Environmental)

14 14 SUPPORT LEGISLATION (CONT’D) Providing water supply alternatives available to Region C Regional Water Planning Area including efforts to obtain water supply for the City of Fort Worth (Water) Amend Penal Code, Section 30.04 – burglary of a motor vehicle (Police) –Make such a state jail felony regardless of the dollar amount –Incorporate a “youthful offender” clause to protect minors

15 15 SUPPORT LEGISLATION ( CONT’D) Assist the Texas Film Commission in the development of regional sound stage development zones (CMO) Support the efforts of the Fort Worth Independent School District to pursue legislative action that will allow it to seek additional funding to provide needed revenues to fund important programs (Community Relations) Smoking in public places - support appropriate changes in state legislation (Code Compliance)

16 16 WATCH Dangerous dog - support appropriate breed specific legislation (Code Compliance) Animal Control – watch for and oppose any bill to amend the civil seizure law to make an appeal possible for the defendant if the animals are given to the shelter by virtue of a ruling from a municipal judge (Code Compliance)

17 17 DEFENSIVE ISSUES CAPs Impact fees Storm water fees Annexation Extraterritorial Jurisdiction Special districts Sovereign immunity

18 18 DEFENSIVE ISSUES (CONT’D) Vesting of development projects Environmental Eminent domain

19 19 NEXT STEPS Incorporate Council comments and suggestions into proposed 2009 Legislative Program Develop appropriate legislative positions relative to gas well and homelessness issues Present proposed 2009 Legislative Program to full Council for formal approval in November 2008 Will include appropriate sections of the Texas Municipal League legislative program in the City’s program November 2008 – file legislation pertaining to the “Seek Legislation” issues

20 20 2009 LEGISLATIVE PROGRAM By the Governmental Relations Department October 7, 2008 Presented to the City Council


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