The 86th legislature concluded in May, and it has taken awhile for me to put together a list of the bills and their impact on Garland. This is not strictly a city council obligation on my part, but I usually try to track what the Texas legislature is doing and let friends and family know what types of changes to expect. There are a number of sources for this type of information. I\u2019m using a mix of personal research, the presentation made to the Garland council by staff, TML, articles from both partisan, nonpartisan, and government sources, TFN, Empower Texas, The Texas Tribune, TDLR, the NAACP, etc. I\u2019ll throw in a few additional comments to help clarify the practical impact of the bill, and I may leave less relevant details out. When in doubt, read the bill! Most new legislation will be effective on 9\/1\/2019.<\/p>\n
Keep in mind that this is just my interpretation of the legislation that was passed. If you want legal advice about this legislation, please seek competent legal counsel. When it comes to state legislative matters, I’m just another guy with a website. It should go without saying, but I’ll repeat it anyways: my opinions are my own and do not necessarily reflect the position of the city council.<\/p>\n
To read the full text of these bills, visit the state\u2019s bill lookup website at: I\u2019ve broken everything out by category, and each bill number is a link to the state’s website.<\/p>\n Property Taxes<\/a> <\/a><\/p>\n HB 380 \u2013 Property Tax Appeals<\/a> HB 492 \u2013 Property Tax Exemption<\/a> HB 1060 \u2013 Appraisal Review Notifications<\/a> HB 1313 \u2013 Property Tax Appraisal<\/a> HB 1885 \u2013 Delinquent Property Taxes<\/a> SB2 \u2013 Property Tax Reform \u2013 effective Jan 1, 2020<\/a> <\/a><\/p>\n HB 2048 \u2013 Driver Responsibility Program<\/a> HB 3163 \u2013 Handicapped Parking Signs<\/a> HB 1631 \u2013 Red Light Cameras<\/a> HB 1140 \u2013 Governmental Vehicle Storage Facility<\/a> HB 339 \u2013 Work Zones<\/a> HB 771 \u2013 Wireless Communication Devices<\/a> HB 2188 \u2013 Bicycles<\/a> HB 3171 \u2013 Mopeds and Motorcycles<\/a> HB 3871 \u2013 Speed Limits<\/a> SB 604 \u2013 Digital License Plates<\/a> <\/a><\/p>\n HB 1342 \u2013 Occupational Licenses<\/a> HB 1525 \u2013 Sales Tax \/ Marketplace Providers \u2013 effective Oct 1, 2019<\/a> HB 4542 \u2013 Brewpub Reporting<\/a> SB 1200 \u2013 Military Spouse Professional Licenses<\/a> HB 1325 \u2013 Hemp Production<\/a> SB 1232 \u2013 Alcohol Delivery<\/a> <\/a><\/p>\n HB 2439 \u2013 Building Materials (pay attention to this one folks)<\/a> HB 3167 \u2013 Land Development Applications \/ Replats<\/a> HB 2840 \u2013 Right to Speak at Open Meetings<\/a> If someone speaking needs a translator, that amount of time allocated to speak is doubled. (Garland has always been flexible when a speaker has difficulties. This will not be a problem for us.)<\/p>\n SB 1640 \u2013 Open Meetings Act<\/a> HB 81 \u2013 Public Information and Parades, Concerts, Entertainment<\/a> HB 440 \u2013 Local Debt<\/a> HB 3371 \u2013 Battery-Charged Fences<\/a> HB 2584 \u2013 Code Enforcement Officers<\/a> SB 969 \u2013 Mobile Delivery Devices<\/a> SB 1152 \u2013 Telecommunications \/ Cable Right of Way Rental Fees<\/a> The fee brings in around $8M \/ year today. The effective financial hit from this change for Garland will be about $1.5M \/ year, or 1% of our city\u2019s annual income. It would be difficult to calculate the cost of maintaining our rights of way (which includes medians, streets, and park land), so I don\u2019t know if we\u2019re breaking even, making a profit, or losing money.<\/p>\n There is a current legal argument between cities and the state on whether or not this change constitutes us giving away public land (which is unconstitutional per the state constitution) or if we are simply renting space out in the right of way without regard for the value of the business being conducted across public land. We\u2019ll see how this shakes out in the courts.<\/p>\n <\/a><\/p>\n HB 2828 \u2013 Public Information Act \u2013 Animal Adopters<\/a> HB 234 \u2013 Lemonade Stands<\/a> HB 541 \u2013 Breast Milk Expressing<\/a> SB 21 \u2013 Cigarettes, E-Cigarettes, Tobacco Products<\/a> SB 476 \u2013 Dogs at Restaurants<\/a> SB 568 \u2013 Child-Care Facilities and Family Homes<\/a> SB 572 \u2013 Cottage Food Industry<\/a> SB 1264 \u2013 Insurance, Out-of-Network Providers, and Surprise Balance Billing<\/a> SB 751 \u2013 Deceptive Videos<\/a> SB 1978 \u2013 Religious Beliefs Bill (the Chick-fila bill)<\/a> SB 26 \u2013 Parks Funding<\/a> SJR 24 \u2013 Parks Funding, Constitutional Amendment<\/a> <\/a><\/p>\n HB 292 \u2013 Peace Officer Minimum Curriculum<\/a> HB 2143 \u2013 First Responder\u2019s PTSD<\/a> HB 2164 – Peace Officer Weapons<\/a> HB 2195 \u2013 Active Shooter Training<\/a> SB 586 \u2013 Peace Officer Training Requirements<\/a> SB 971 \u2013 Assault Training<\/a> SB 1582 \u2013 Peace Officer Disease Presumption<\/a> SB 2551 \u2013 Firefighter and EMT Disease Presumption<\/a> <\/a><\/p>\n SB 370 \u2013 Jury Service<\/a> HB 435 \u2013 Uncollectable Fees and Cost<\/a> HB 8 – Public Safety<\/a> HB 121 \u2013 Licensed Carry<\/a> HB 979 \u2013 DNA records<\/a> HB 1177 \u2013 Carrying Handguns During Disaster<\/a> HB 1399 \u2013 DNA Records<\/a> HB 1518 \u2013 Dextromethorphan Sales to Minors<\/a> HB 1552 \u2013 Retired Peace Officers + Handguns<\/a> HB 1769 \u2013 Missing Adult Alert System<\/a> HB 3231 \u2013 Firearms Regulations<\/a> HB 3540 \u2013 Peace Officer\u2019s Authority<\/a> HB 4544 \u2013 Municipal Coyote Control<\/a> SB 340 \u2013 Opioid Antagonists<\/a> SB 976 \u2013 Notification to Peace Officer<\/a> SB 1827 \u2013 Administration of Epinephrine<\/a> <\/a><\/p>\n Like every legislative body in every government, about 10% of their work makes the news and causes controversy. The other 90% is house keeping or common sense. I did my best to look past the big news items and consider the entire body of work that the legislature produced. There will always be the standard political fights about guns, abortion, and immigration; and there are better news sources than this blog to get those types of updates. I also left out most school legislation, because my focus is more about business and city governance.<\/p>\n There are some very good things that were passed this session. SB 976 helps law enforcement and the public interact in a better way. HB 440 helps keep local debt sane. Military spouses can practice their trade even while on the move. Supplying and funding of opioid antagonists and epi-pens will help save lives. HB 81 requires cities to tell the taxpayers what they are spending on entertainment, and there are a number of other solid transparency bills that address public lobbying. There was a great deal of work on reshaping the emergency management plan for the state in the aftermath of Hurricane Harvey, and much of that enabling legislation was passed this term. I argued for elimination of red lights cameras<\/a>, and that program was ended. The property tax appeals process was made more friendly to the taxpayer, and certain conflicts of interest were eliminated. They added common sense reforms to our elections by adding provisions for deceased candidates and cybersecurity, along with stricter requirements for posting voting locations. They also guaranteed the rights of the taxpayers to speak during open meetings.<\/p>\n On the other hand, people that have worked their entire life to afford a house might find that the guy next door is allowed to redo his walls with bails of straw. Our plan commission will only have 30 days to figure out a plan before the state deems it ‘approved’ even when a 30 day time limit may not make any sense whatsoever. The city cannot legally write an ordinance that requires a restaurant to immediately clean up a dog’s poop off of the floor in its patio area, because of language in the bill that says we can’t. The state has also once again intruded on a city’s constitutional protections and provisions against giving away public land- in this case to the telecom companies.<\/p>\n Apart from the standard work done in any session, the recurring theme of this legislative session appears to have been an attempt to rein in cities that had gone completely overboard with their local regulations (I’m looking at you, Austin). The governor and the city routinely irritate each other, and the rest of us end up paying the price. The flip side of stronger regulation and preemption of local control by the state is a loss of the flexibility that we’ve generally enjoyed to address problems unique to Garland. Where we can remove legal obstacles and address new concerns in as little as two weeks, a legislative solution at the state level usually takes a minimum of two YEARS. It is my opinion that the legislature needs to take a harder look at future legislation and do their best to not lump us all into one group. For the few bad actors out there, there are a lot of cities just trying to do right by their citizens and provide a predictable, stable, flexible, and affordable local government. One-size-fits-all bills can be a great tool when used wisely, especially in cases of standardized reporting or establishing ethics and meeting rules for public officials. When they are overused or are used to punish one or two cities, then they become oppressive and fail to serve the citizens in the way that they were intended to. I really hope that we can do better when it comes to preserving local control in the 87th.<\/p>\n -RJS<\/p>\n
\nhttps:\/\/capitol.texas.gov\/BillLookup\/BillNumber.aspx<\/a><\/p>\n
\nTransportation and Traffic<\/a>
\nEconomy, Jobs, Sales Tax<\/a>
\nCity Government<\/a>
\nHuman and Animal Health<\/a>
\nMiscellaneous<\/a>
\nFirst Responders<\/a>
\nCriminal Justice<\/a>
\nConclusions<\/a><\/p>\nProperty Taxes<\/h2>\n
\nCleans up the process for appeals to the property-owner\u2019s benefit by keeping you out of legal limbo in case you goof up on your paperwork.<\/p>\n
\nIf your property is partially or fully destroyed by a natural disaster (and the governor declares the area as a disaster area), you no longer pay the full appraised value of the property for its pre-disaster state. This keeps you from paying full taxes for a home that is no longer there. This was filed in response to the aftermath of Hurricane Harvey.
\nThis one was tough because cities and counties will be on the hook for extensive costs for cleanup and public infrastructure. However, cities and counties will get state and federal assistance to recoup city\/taxpayer costs. Depending on your insurance, you may or may not be able to rebuild what you had before. Either way, the legislature decided that you shouldn\u2019t pay property taxes on property that you don\u2019t have, or property that has been significantly devalued. This has some very interesting consequences when tied into SB2.<\/p>\n
\nNotice of a protest hearing has to be delivered by email if the taxpayer requests it.<\/p>\n
\nIf you protest and get your value lowered, they can\u2019t come back and raise it in the next tax year unless they have \u201cclear and convincing evidence\u201d for the increase. That legal distinction is one shade lower than \u201cbeyond a reasonable doubt\u201d, so it imposes a fairly significant legal burden on the taxing authority.<\/p>\n
\nThis gives homeowners that pay property taxes on their own (without an escrow account) a bit more flexibility on timing and waives certain late fees.<\/p>\n
\n* Sets the rollback rate for city income to 3.5% instead of 8% (unless we are in a disaster area, then it stays at 8%)
\n* If our income exceeds 3.5% of the previous tax year, an automatic election is called in November to ratify the new rate.
\n* In fiscal year 2020 (Oct 2020 \u2013 Sep 2021), the city is not allowed to lower the total compensation of any first-responder. (The legislature feared that cities would punish first-responders financially in response to the new revenue caps). First-responders account for roughly 2\/3 of Garland\u2019s annual budget.
\n* Prevents a person from being employed by both the appraisal district AND an entity that they oversee (this is an attempt to eliminate conflicts of interest).
\n* Shortens the amount of time the city will have to prepare, discuss, and pass a budget IF we choose to exceed the 3.5% cap. We must call a tax ratification election 71 days before the election, so it compresses our timelines
\n* Removes the ability of the city to challenge appraisals.
\n* Prevents the appraisal board from raising your property value in response to a protest, removing the risk that you might protest and end up owing more.<\/p>\nTransportation and Traffic<\/h2>\n
\nThe program is repealed. The auto burglary \/ theft prevention fee on your insurance bill will go up to $4 to cover the revenue loss to the state.<\/p>\n
\nSigns have to list applicable penalties for cited\/towed vehicles.<\/p>\n
\nRed light cameras are now outlawed, with grandfather clauses in place for cities that are in long term contracts. Garland has discontinued its program.<\/p>\n
\nImpoundment fees can be adjusted every 2 years for inflation- both upward or downward.<\/p>\n
\nIf there is a lower speed set in a construction zone, there has to be another speed limit sign at the end of the zone to let people know what speed to go back to.<\/p>\n
\nSpecifically allows school bus drivers to use their wireless 2-way radios in the performance of their jobs inside of school zones.<\/p>\n
\nPreempts all electric bicycle regulation by cities.<\/p>\n
\nMopeds (designed for less than 30 mph) no longer require a class M license endorsement.<\/p>\n
\nCharter schools are now allowed to request public hearings on local speed limits<\/p>\n
\nAllows government vehicles to have digital license plates as the pilot program. Requires study for general passenger vehicle use, and requires wireless connectivity.<\/p>\nEconomy, Jobs, Sales Tax<\/h2>\n
\nThis makes it easier to get your professional license back if it was revoked for either purely administrative reasons (failure to renew) or if you were convicted of a crime unrelated to your license. The idea is that the legislature wants it to be easier for you to make a living with your skills even if you made a mistake in some other area of your life. The practical effect of this bill is more licensed contractors.<\/p>\n
\nIf the item is purchased online and shipped to you, you pay sales tax based on where it was shipped to.<\/p>\n
\nSubjects craft breweries and places like \u201cIntrinsic\u201d in downtown to the same sales tax reporting requirements that breweries have to go through.<\/p>\n
\nOccupational licenses for spouses of members of the military who are based in Texas and are on active duty will be honored by the state, limited to 3 years.<\/p>\n
\nHemp growing, cultivation, handling, transportation and sale is legal, and cities cannot prohibit it.<\/p>\n
\nStores licensed to sell beer and wine can currently deliver beverages with 5% or less ABV. This allows them to sell beverages with greater than 5% ABV.<\/p>\nCity Government<\/h2>\n
\n* The city must allow ALL construction methods detailed in the 2012, 2015, and 2018 (the last three published) national building code guidelines. We cannot DIRECTLY OR INDIRECTLY prohibit this construction.
\n* This means \u201cstrawbale\u201d building where you literally use bales of hay\/straw for your walls, is allowable by right, and there is no legal mechanism for the city to prevent it. No, I\u2019m not kidding.
\nhttps:\/\/codes.iccsafe.org\/content\/IRC2015\/appendix-s-strawbale-construction?site_type=public<\/a> .
\n* Tin shacks? Yep, those are okay too.
\n* This does not apply to TDHCA (section 42 affordable housing programs) or our historic districts<\/p>\n
\n* We have to act on all plan and plat requests within 30 days or they are automatically approved.
\n* The city council has to approve\/deny all plats\/plans within 30 days of it being heard by the plan commission or it is automatically approved.
\n* Only the applicant can request an extension.
\n* We have to cite the law used as a basis to deny a plan\/plat. The law used may in no way be \u2018arbitrary\u2019.
\n* If the applicant satisfies the reason that the application was disapproved, the city MAY NOT STOP the plan\/plat for being approved.
\n* If the law does not provide a clear and convincing reason for denying an application, we no longer have the ability to deny any development the right to go into anywhere that they want, and their building can look like whatever they want it to, provided that they use some form of the international building code from the past three cycles.<\/p>\n
\nIf an item is on the agenda, everyone that shows up to speak must be given an opportunity to speak (Garland already does this).<\/p>\n
\nKeeps elected officials from establishing a \u2018walking quorum\u2019, where decisions are made before the meeting or outside of an open meeting with a quorum of the voting body.<\/p>\n
\nThe city has to disclose how much it spends on events (Garland does this already).<\/p>\n
\nThe city cannot spend bond money on items whose life span is shorter than the amount of time it takes to pay off the debt. For instance, we cannot buy library books (3 year life) with 20 year bond money. We traditionally match the appropriate length of debt to the item that we are purchasing, but this will make it a formal legal requirement.<\/p>\n
\nWe can\u2019t restrict the use of electric fences within the city. Shocking, I know.<\/p>\n
\nCode enforcement may carry clubs to deter aggressive animals while on duty. They must complete training prior to using them.<\/p>\n
\nPreempts all mobile delivery device regulation by cities. What are mobile delivery devices? They really aren\u2019t in use yet, and we aren\u2019t 100% sure, but the legislature has decided that the state will be the regulatory body for them.<\/p>\n
\nCurrently when a telecommunications company (telco) runs an underground line on a public right of way (taxpayer owned land), they have to pay a franchise fee for renting that land. Under current law, data and voice are treated as separate services, so a telco would pay a separate fee for each use. Under the new law, a telco running a single line that handles both voice and data would only pay one of the two fees, whichever is larger. <\/p>\nHuman and Animal Health<\/h2>\n
\nAll personally-identifying information (name, address, etc) for animal adopters from a government-run shelter is considered confidential and may only be shared under very specific circumstances.<\/p>\n
\nKids can \u2018occasionally\u2019 legally sell non-alcoholic beverages on private property or public parks. HOAs are not liable for any damages resulting from such sales.<\/p>\n
\nIf you are allowed to be in a place, then you are legally allowed to breastfeed your baby or pump milk there.<\/p>\n
\nSmoking age raised to 21
\nCities cannot pass rules around tobacco that are more stringent than state law<\/p>\n
\nProvides that dogs can join their owners on outdoor patios at restaurants.<\/p>\n
\nDaycares will need to follow new \u2018safe sleeping\u2019 standards
\nRequires written notification to parents if the daycare is lacking certain liability coverage
\nIncreased incident reporting<\/p>\n
\nAdds additional labeling, storage, and delivery requirements. If you make and sell goods from home, make sure you check out the requirements in this bill.<\/p>\n
\nThis requires prior disclosure of costs associated with procedures where hospitals contract out with out of network providers. I\u2019ve received a surprise bill after a surgery where the anesthesia was billed separately, and an out of network doctor was used without my knowledge or permission. This should prevent that sort of situation from occurring. If it\u2019s an emergency, billing is limited to the rates cited in a number of state plans, and your HMO is expected to pay out at that customary rate.
\n<\/a><\/p>\nMisc<\/h2>\n
\nIf you create a fake video of a political candidate doing something that they didn\u2019t do during an election season, there is a criminal penalty. It is not clear to me from reading the bill if parody is covered, but as it is generally a protected first amendment right, I would imagine this law will be challenged.<\/p>\n
\nProhibits a governmental entity (including a city) from taking any adverse action against a person based wholly or partly on the person\u2019s membership in, affiliation with, or contribution, donation, or other support provided to a religious organization.<\/p>\n
\nThe sporting good sales tax revenue that was originally designed to fund parks but was instead diverted into the general fund for other expenditures has been restored to parks.<\/p>\n
\nSets the revenue to automatically go into parks as per SB 26 and requires a 2\/3 vote of each legislative house to divert it in a given biennium.<\/p>\nFirst Responders<\/h2>\n
\nRequires police to be educated in detection and handling of human trafficking<\/p>\n
\nExpands the definition and coverage for PTSD-related medical issues<\/p>\n
\nPeace officers can carry weapons into public businesses whether they are on duty or not.<\/p>\n
\nSchool district police have to complete an active shooter training response program.<\/p>\n
\nRequires police to be educated in detection and handling of child abuse or neglect, family violence, and sexual assault.<\/p>\n
\nRequires police to be educated in recognizing and recording cases of strangulation or suffocation.<\/p>\n
\n* Officers and their immediate family members are entitled to free vaccines for diseases that they might be exposed to during the course of their duties
\n* Employment benefits are applied if the officer has an adverse reaction to a vaccine.
\n* Respiratory diseases are presumed to be workplace injuries and are covered accordingly.
\n* Heart attack or stroke are presumed to be workplace injuries and are covered accordingly.<\/p>\n
\nThe following cancers are presumed to be workplace injuries and are covered accordingly:
\nStomach, Colon, Rectum, Skin, Prostate, Testis, Brain, Non-Hodgkin\u2019s Lymphoma, Multiple Myeloma, Malignant Melanoma, Renal Cell Carcinoma<\/p>\nCriminal Justice<\/h2>\n
\nProhibits an employer from firing, threatening to firing, intimidate, or coerce any permanent employee in connection with their jury service.<\/p>\n
\nIf you die or are in prison for life, you don\u2019t have to pay your speeding tickets.<\/p>\n
\n* Removes the statute of limitations on sexual assault under certain circumstances
\n* Sets DNA preservation rules at 40 years
\n* Enforces the timely and responsible processing of DNA\/biological evidence<\/p>\n
\nIf you are carrying a licensed weapon in a business where you aren\u2019t allowed to, they ask you to leave, and you do so promptly, then there is no problem. If you do not comply, you are subject to the penalties laid out in sections 30.06 and 30.07.<\/p>\n
\nIf you are convicted of a class A misdemeanor for unlawful restraint or assault, you have to give a DNA sample to a law enforcement agency, and have that information stored in a state database.<\/p>\n
\nIf there is a disaster, you can carry a handgun for 7 days after the disaster, either concealed or openly, whether or not you have a license to carry. This does not apply to people who aren\u2019t allowed to carry one at all already (felons, etc). The governor can extend the time as necessary.<\/p>\n
\nIf you are acquitted, the case is dismissed, or the court orders it, the DNA sample you gave and the record of it have to be destroyed<\/p>\n
\nBecause kids have been getting high off of cough syrup, we have to be over 18 and show ID now.<\/p>\n
\nRetired officers that demonstrate continued weapon proficiency will be allowed to carry their weapons with the same rules as currently employed peace officers.<\/p>\n
\nWe currently have the following alert systems:
\n\tAmber Alert \u2013 Under 18
\n\tSilver Alert \u2013 65 and over.
\nThe state will develop a third alert system for those between ages 18 and 65.<\/p>\n
\nCities will have no control over firearm sales, manufacturing, ownership, or distribution in any meaningful way other than in our zoning rules. State law will supersede most local regulations. This means that while cities in Texas can set where a gun range or gun store is allowed to be based on traditional zoning rules, we cannot institute a Chicago-style hand gun ban for example.<\/p>\n
\nOfficers may release people that have intellectual or developmental disabilities back to their group home if they believe that a correctional facility is inappropriate given the circumstances of the case. <\/p>\n
\nBased on our city\u2019s density, Garland may capture, relocate, or euthanize coyotes.<\/p>\n
\nThis is a state grant fund for outfitting officers and EMT with Naloxone shots, which can counter opioid overdoses.<\/p>\n
\nThis allows you to check a box when renewing your driver\u2019s license that says you have a condition that may prevent you from communicating well with a peace officer. The information will be stored in the officer\u2019s system so that if you are pulled over or otherwise detained they can handle the situation better. This is especially helpful for those that are hard of hearing.<\/p>\n
\nAllows officers to carry and use epi-pens in the field, assuming they have completed the appropriate training course. This requires program oversight from a physician and a prescription. There is also a reporting requirement along with basic oversight rules.<\/p>\nConclusions<\/h2>\n