City Council
	Agenda Request
Agenda Of:	03-23-10	Agenda Request No:		iii-a
Initiated By:	Dale Rudick	Responsible Department:		Intergovernmental Relations
Presented By:	Dale Rudick	Department Head:		Dale Rudick, Director of intergovernmental relations
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Discuss State Legislative Program
Exhibits:	Draft Resolution No. 10-15
Clearances			Approval
Legal:	N/A		Executive Director:	N/A
Purchasing:	N/A		Asst. City Manager:	Karen Glynn
Budget:	N/A		City Manager:	Allen Bogard/for AB
Budget
Expenditure Required: $			N/A
Current Budget: $			N/A
Additional Funding: $			N/A
Recommended Action
Discuss 2011 State Legislative Program.
Executive Summary
The 82nd State Legislative Session begins in January 2011. In preparation for past legislative sessions, City Council has approved a Legislative Agenda that provides an official City Council position on various topics for consideration by the Legislature. These Position Statements are mostly defensive in nature to guard against unfunded mandates as well as defending against the erosion of municipal authority. However, there are a few carefully City-selected items that are pro-active. Good examples of pro-active items are illustrated by our successes with respect to the prison’s guard housing (Smithville) property and the recent amendment to the Texas Open Meetings Act that now allows City Councils to comment in public meetings on matters of community interest if no action is taken on the issue. Intergovernmental Relations Staff has been working with the City Council Intergovernmental Relations Committee and all City departments to review our previous agenda and develop a plan for 2011. Attached is the resolution, including Exhibit A, approved by City Council for the 81st legislative session (2009) listing all of the 2009 Position Statements with recommended modifications to anticipate the upcoming 2011 session. These modifications include minor edits, strike outs demonstrating success during the last session, recent City resolutions approved in preparation for the 2009 TML annual conference along with the addition of other issues specific for 2011. In addition, staff will be seeking input regarding our state legislative consulting services. There has been a change at the office of our legislative consultant with the resignation of our two primary contacts with the municipal sector experience. As a result, it was felt by Council’s IGR Committee and staff that this was an opportunity to re-assess our current contract with HillCo Partners. IGR staff has performed an interview process and will present to Council the results of the interviews and recommendation for consulting services. At the March 23, 2010 Council workshop, staff will present 1) a recommended 2011 Legislative Agenda to Council for discussion and direction (attached) as well as 2) a recommendation for a legislative consultant. These items have been discussed with City Council’s Intergovernmental Relations Committee at their January, February and March meetings in preparation of this discussion. Upon final direction from Council, a Resolution for a State Legislative Agenda as well as a separate professional services contract for legislative consulting will be brought to City Council for consideration and action.
Exhibits

DRAFT RESOLUTION NO. 10-15 DRAFT

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, ADOPTING A LEGISLATIVE AGENDA FOR THE 82nd 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 TH CITY COUNCIL

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. That it directs the City Manager and his staff to:

1. Take all necessary actions to inform Sugar Land residents of the City’s legislative agenda;

2. 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 3. 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 4. 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 5. 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 6. That it adopts the 2011 Legislative Agenda as shown on Exhibit A, attached to and incorporated into this resolution by reference.

APPROVED on April 6, 2010.

_________________________

James A. Thompson, Mayor

ATTEST:

_____________________________

Glenda Gundermann, City Secretary

Reviewed for Legal Compliance:

DRAFT

Attachment: Exhibit A- 2011 Legislative Agenda

EXHIBIT A

City of Sugar Land

DRAFT 2011 Legislative Agenda DRAFT

Position Statements

Un-Funded Mandates

1. Oppose any 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.

Erosion of Municipal Powers

Oppose any legislation that erodes the authority of city government or is detrimental to cities.

Municipal Revenue

1. Oppose any 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.

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 Authority and Annexation

1. Oppose any 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 any legislation that erodes the authority of cities to annex.

Economic Development

1. Oppose any attempts to restrict the ability of cities to use 4A and 4B funds.

2. Support the ability of cities to hold a single election to eliminate one special use tax and to adopt another.

3. Oppose attempts to restrict the use of economic development tools such as tax abatement, tax increment reinvestment zones and Chapter 380 agreements. (edited by ED Dept.)

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 Authority 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. (Draft Statement)

3. Support resolution of dispute between the Texas Department of Transportation and investor-owned utilities relative to the national code under which street lighting in State right-of way is installed.

4. Oppose legislation that would impose on cities: mandatory water conservation measures; “tap fees” or any other types of state charge on municipal water systems; or any other onerous regulations as it relates to utilities provided by a city.

5. Seek legislation for the dissolution of Fort Bend County Water Control & Improvement District No. 1 provided that the City receives the District’s water rights and the City retains ownership of the District’s real property and facilities previously conveyed by the District to the City. (Draft statement)

6. Seek legislation that provides the City and other Fort Bend County customers with voting member representation on the Gulf Coast Water Authority Board of Directors. (Draft statement)

Open Meetings/Open Records

1. Support proposals that promote open and transparent government by allowing elected city officials and staff to make general comments in public meetings on matters of community interest if no action is taken on the issue. (Accomplished in 2009)

2. Seek to work with local state representatives to promote legislation to meet objective of position statement #1. (Accomplished in 2009)

3. Oppose any attempt that would make the current open meetings and public information laws more restrictive and ambiguous.

4. Support uniform application of the public information and open meetings laws at every level of government including State legislative and executive branches.

5. Support clarifications to public information and open meetings laws so that elected officials, including State legislative & executive officials, can better communicate with their constituents.

6. Support an amendment to the Texas Open Meetings Act replacing the criminal enforcement provisions with less restrictive penalties that balance the First Amendment rights of governmental officials. (City-sponsored 2009 TML resolution)

Homeowners Associations (HOA)

Support the authority and role of Homeowners Associations and to oppose limitation of functions HOA’s were created to perform. (City-sponsored 2009 TML resolution)

Prison Property Acquisition

Seek Pro-actively work to write legislation to encourage the relocation and consolidation of the Central Prison Unit and “Smithville” into another TDCJ prison location, find sponsors for the bill and seek its passage for the ultimate acquisition of the prison property by the City a portion of the property for the Sugar Land Regional Airport with the balance of land to be owned and developed in partnership with the development community as a Business Park. (Smithville Accomplished in 2009)

Texas Municipal Retirement System (TMRS)

Support legislation initiated by the Texas Municipal Retirement System to make the TMRS system more financially stable. (Accomplished in 2009)

DRAFT DRAFT