The Senate Committee on Intergovernmental Relations met to take up pending business and a full agenda.
Pending business:
SB 1544 (Kolkhorst) voted out 6-0 and will go to local & consent
SB 1229 (Menendez) voted out 6-0 and will go to local & consent
SB 460 (Lucio) substitute was voted out 6-0 and will go to local & consent
SB 554 (Kolkhorst) Relating to notice requirements for certain special districts that hold board meetings outside the district.
- Kolkhorst lays out bill
- Requires description of process to move meeting back inside district territory
- Would not be required to construct a meeting place
- Bill left pending
SB 488 (Bettencourt) Relating to requirements for certain petitions requesting an election and ballot propositions.
- Bettencourt lays out bill
- Removes ambiguity in system
- Standardized process around state for petition and how the state will handle them
- Committee substitute laid out
- Working with SOS to remove original fiscal note
- Allows SOS to review and after third strike allows them to write
- City could lose ability to draft language for 4 years under certain findings
- Overall trying to do 3 things: standardizing and brining uniformity, removing ambiguity in code so less legal challenge and summarize process so that it is good government
Panel 1
Andy Taylor, self/election lawyer – in favor of CSSB 488
- Worked on the three cases Bettencourt referenced in his opening remarks dealing with ballot language and validity of petition
- Believes does a good job of balancing what rules are
- Had unanimous victories in cases but they did not get attorney fees awarded, bill helps address that
James Quintero, Texas Public Policy Foundation – in favor of CSSB 488
- Bill would go far in addressing some of the issues
- Austin ballot proposition language was confusing and contributed to ultimate outcome
- In regards to Houston Equal Rights Ordinance there were issues with wording, argues language was inconsistent with own charter
Bruce Hotce, self Houston – in favor of CSSB 488
- Collected signatures but it did not get on the ballot until many years later
- Campbell said bill is needed and thanked him for testimony
Questions for Panel
Huffines – asked Bettencourt does this apply to wet-dry elections?
- I guess it would
Bettencourt – asked Taylor more about how bill will address
- Empowered local governments to write the language but can’t try to change the output by the way you write it – so legislature is saying this is the legal test to make sure the language on the ballot is appropriate
- Bill will empower the citizen to ask SOS to weigh in
- Gives city a lot of chances before they strike out and then SOS will write it
- Also adds an element of speed – deadlines in bill are good since speed is crucial
Bettencourt – asked if Quintero agreed
- One of elements most excited about is having third party objective statewide official to come in an assess if writing is meant to influence the outcome
Panel 2
Bill Longley, Texas Municipal League
- Noted he would add context to discussion
- Home rule cities exemplify control of local voters
- Bill does put in process language, don’t necessarily have a problem with provision
- Concern with following process gives city increased exposure to lawsuit fees
- In bill if voter challenges language and city uses new language per SOS, city would still be liable
- Van Taylor – feels way this is structure we have put cities in bad place
- Agrees some cities would appreciate some guidelines but not sure this would address all concerns
- Van Taylor – if the SOS is the wrong arbiter, who would be the right arbiter
- SOS if fine but no protection for city if they use SOS language
- Van Taylor – glad you agree SOS would be a good arbiter
Lucio read several cards supporting and against the bill but not wishing to testify.
Committee substitute for SB 488 was adopted
Lucio said he will offer one friendly amendment when bill comes to the floor
CSSB 488 was voted favorably out of committee (5-1)
SB 990 (Watson) Relating to the requirements for an application for a low income housing tax credit allocation from the nonprofit set-aside.
- Watson laid out the bill
- Tracy Fine, National Church Residences – for the bill, the bill will remove barriers
- Bettencourt – you said you have 28 locations in Texas, so how are you getting around this?
- Not that they are getting around but built previously – this will allow them to compete in a different program
- 90 mile requirement does not work for them
- SB 990 voted out of committee (5-0) and will go to local & consent
SB 1469 (Campbell) Relating to an election for the removal of a director serving on the board of directors of certain water districts.
- Will pull down her bill because she thinks it needs more consideration which she will do over the interim
SB 744 (Kolkhorst) Relating to a tree planting credit to offset tree mitigation fees imposed by a municipality.
- Committee substitute adopted and laid out
- Bill is a work in progress, bill author still working with stakeholders
- CSSB 744 voted our favorably (5-0)
SB 467 (Lucio) Relating to a requirement for a ballot proposition.
- Bill is about providing greater transparency
- Putting in statue what the Supreme Court has stated as law
- Read cards of those supporting but not testifying on the bill & one person who left card against the bill
- SB 467 voted out favorably (6-0) and will go to local & consent
SB 1090 (Lucio) Relating to the unlawful restraint of a dog.
- Laid out the bill
- Operation Kindness, in favor of the bill
- Jeff Honey, Chief of Police Wolf City, in favor of bill
- Jamie Cantrill, Animal services in Plano, in favor of bill
- Shannon Simms, Animal Care in City of San Antonio, in favor of bill
- Van Taylor – asked Simms when you fine people do you find compliance
- Civil citation process and seeing great results, it does gets attention
- Simms reviews citation process and how many go to criminal penalty
- Van Taylor – what is structure of criminal citation?
- Simms – can implement warrants for arrest but penalties are the same
- Huffines inquires on law euthanize animals, can do so unless it is torture
- Huffines has concern on second part of legislation, we already have criminal charges for cruelty – would like to keep that second section as a class c misdemeanor, more discussion on this issue between members and witnesses
- Cards were also left for support of the bill not wishing to testify
- SB 1090 voted out favorably (5-0)
SB 1620 (Van Taylor) Relating to the regulation of raising or keeping six or fewer chickens by a political subdivision.
- Bill laid out
- Craig Suphell, Assoc Proff. at Texas A&M Agri-life – said popularity of this issue is growing
- Judy McGary, self Farm and Ranch – support home back yard production and thanks for the bill
- Cards were also left in support of the bill but not wishing to testify
- SB 1620 voted out favorably (4-0) and will go to local & consent