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The Senate Committee on Local Government met to take up the following bills in order: SB 59 (Zaffirini), SB 158 (Perry), SB 322 (Huffman), SB 348 (Springer), SB 349 (Springer), SB 361 (Eckhardt et al.), SB 573 (Hughes), SB 736 (Whitmire), SB 888 (Perry), SB 1088 (Perry), SB 1250 (Bettencourt), SJR 28 (Middleton). The notice can be found here and a video archive of the hearing can be found here.

 

This report is intended to give you an overview and highlight the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

SB 59 (Zaffirini) Relating to notice of water and wastewater requirements for the foreclosure sale of residential properties by certain political subdivisions.

  • Notice of water and wastewater of foreclosure
  • Identical to the bill Tracy King passed in the house last year

 

SB 59 left pending

 

SB 736  (Whitmire) Relating to mandatory arbitration for certain municipal fire departments and employee bargaining agents.

  • Whitmire- collective bargain agreement for Houston firefighters
  • Since 2017 firefighters have worked without a contract
  • Bill makes its that an arbitration between firefighters and the city must take place
  • Houston in down firefighters, lowest number in 20 years
  • Bill written to be put into instant effect
  • Springer- Asking about witnesses from the fire department to ask questions to
    • Bill Kelly will talk to you
    • I’m trying to correct their work
  • Nichols- asking to clarify the history between firefighters and police
    • Collective bargain is different for firefighters than for police department
  • Chair- there has to two be two willing parties agreeing for arbitration work
    • It has already been approved by voters

 

Patrick Marty, Houston Professional Firefighters Association – For

  • Requires an arbitration process and neutral third party
  • Houston is the largest fire station in Texas
  • 3rd in the nation
  • West- Asks if the bill makes arbitration a requirement that the city cannot opt out of
    • Yes it will require arbitration

 

Bill Kelly, Government Relations For Mayor Turner of Houston – Against

  • Firefighters have had a 6% raise every year for the past three years
  • 18% cumulative raise in the three year period
  • San Antonio approved a binding arbitration
  • Mayor Turner is against the policy, but he will not be mayor next year
  • Asking to move the change for the next mayor’s fiscal year
  • Springer- the 6% does address the other concerns of the fire department, such as cancer screenings from smoke inhalation, retirement, and working conditions, expresses confusion on why the city hasn’t been willing to work with firefighters
    • It’s very front of mind when addressed budget
  • Springer- Safety and security are the challenges that a normal contract that doe not break down, expresses how protecting first responders is a main concern
  • Marty- Trying to make a contract is so that firefighters don’t have to strike the city has spent millions of dollars to say that firefighters don’t have a contract voters approve
  • Marty- we are down over 400, and call volumes is an all time high, the city has chosen to use the court, a court does the same thing as an arbitrator, the law was created to protect firefighters not weaponize
  • Kelly- Senator Bettencourt insisted in the past that voters have an approval, voters do deserve to make the decision about the bill

 

SB 746 voted out (6-1) to the Senate floor

 

SB 158 (Perry) Relating to the location of a bank eligible to be selected as a depository or sub-depository of county public money, including money held by a county or district clerk.

  • Counties can’t be forced to pay high banking fees
  • Allows counties to deposit funds outside their counties to adjacent county banks
  • Proposed committee substitute
  • The filed bill allows counties to bank in adjoining counties
    • Counties can bank in adjoining county
  • West- Asks if the bill is self-contradictory
    • I prefer for it to be statewide but the banks were against it
    • It address most of the problems and county judges
  • Springer- Concerns of Crosby county and Texarkana
    • There are not a lot of banks in the adjoining counties
    • In rural Texas we want the counties be able to go to other local banks
    • As banks consolidate and shut down this bill will come up again
  • Springer- there should be reasonable fees and the banking community should understand
  • Nichols- the bill just strikes county and puts the word state instead which I liked originally, but now there are new rules
    • Its up to the county judge as long as there’s an adjoining bank next to it
  • Nichols- Lines 11-13 stays the same correct? You can use any bank in the whole state?
    • I will look at the issue it was meant to just be adjoining counties
  • Nichols- current law says that you can use any bank, if no bank applies in the county
    • We had a local bank that came to county and that bank said they were going to charge an extra 25 million to bank with them, so the bill is trying to protect against those charges
  • Nichols- I believe it’s current law and we aren’t restricted to current county
    • If no bank applies then you can go out
  • Nichols- Just confirming you can go anywhere

 

Steven Scurlock Independent Bankers Association of Texas- On

  • The committee sub is a good compromise
  • Believe that banks located in closer proximity will serve the local interest better, local deposit is what we like to support for the better of everyone
  • Thanking senator Perry on record
  • Chair- Are you registered for or on the bill
    • Registered on; want to keep proximity of local banks and counties as close as possible

 

SB 158 left pending

 

SB 888 (Perry) Relating to fire escape exemptions for certain courthouses.

  • Adding a modern fire escape to historical courthouses are too expensive for rural counties to install
  • Bill allows for these rural county courthouses to not be required to add a fire escape
  • Springer has a committee substitute
    • Our bill allows the rule to be enforced immediately
    • This allows relief that the tax payers can’t pay
  • West- I’m concerned about if there is a fire then it could mean the difference between life and death. What amount of money is spent and what is the tradeoff?
    • If the courthouse is very active, none of these are not going to be in compliance with modern fire escapes in the first place, many people don’t use the top parts
    • It’s an expenditure of millions, there can a rule where the historical society rebuilds the court houses
  • Springer- That’s 250 people a person for 300,000 dollars in a rural place, whereas in Dallas it would be 11 cents per person, so I appreciate this bill

 

Orlando Hernandez and Chuck Allen, State Fire Marshall – Against

  • West- What are any solutions
    • We try to make the building safe as possible no matter what
  • West- How do you do that
    • You can do early indication notifiers, such as smoke detectors to warn people ahead of time
  • West- what steps do you take to help someone meet compliance?
    • We worked with eh facility and the plan can sometimes take 3-4 years
  • West- Do you take in size and funds of a county? Are there any funds available?
    • We take into consideration size and fuds, there are no federal funds available at the moment
  • Chair- Are there any low-cost solutions
    • Sprinklers
  • West- Under current law you may not require fire escapes?
    • Yes, because have to look at available resources

 

SB 888 left pending

 

SB 1088  (Perry) Relating to eligibility to serve as a member of the board of directors of the West Central Texas Municipal Water District.

  • Requirements for individuals who serve on the West Texas Water District Board
  • Fill empty positions
  • To keep rural representation

 

Chris Wiegert General Management for West Central Texas Municipal Water District – For

  • No questions

 

SB 888 Left Pending

SB 573  (Hughes)Relating to municipal requirements for exterior key boxes to provide access to buildings to first responders.

  • Certain lock box vendors, requiring everyone to use the vendor
  • Lock box vendors state that only one brand can be used
  • The favored vendor can be more expensive
  • First responders can still use a master key for all emergencies
  • The bill is about trying to not raise the cost
  • Springer- was there a past bill that addressed this
    • Yes there was; we are just adding clarifying language
  • Parker- agree with free market and enterprise, but the concern is the speed to respond for first responders in life and death moments, the importance of public safety and not losing precious seconds
    • Taking a closer look at favored vendors

 

Bob Worthen, Self- For

  • Lockbox ordinance is unconstitutional ordinance
  • Knox lockbox is $300+ when you can get one for $15
  • Illegal monopoly favoring the Knox lockbox company
  • First responders do not use a key but rather kick in doors immediately

 

Robert Rocha, President Metropolitan Fire Chiefs Association – Against

  • Mian ways firefighters get into the building, one is brute force, tis damages the structure
  • The key box system, the security of the fire keys are under strict measures
  • The model fire codes
  • Springer- Are you familiar with HB 39 why does that code not apply to y’all?
    • That puts the accountability on the fire department to own multiple keys
    • The one key system is much safer
    • It adds times to rescues you can see the proof from past situations
  • Springer- in the future there can be a universal fob
  • Eckhardt- would the municipality have to go through the purchasing act, are there any mechanism that municipalities are putting in to show that only Knox meets the standards?
    • Municipalities would have to require any lockbox will have to be covered under the UL standards
    • I am not aware of any other that meet that standard
  • Eckhardt- Is there a mechanism to allow the local authorities to bid out Knox?
  • Springer- There is an issue with exclusivity

 

DeRick Williams, Dallas Executive Chief of Fire Department – Against

  • We require the same lockbox to get to units the fastest
  • With he least property damage with the fastest time
  • The code incudes not only the key required but also the location
  • The bill would remove the standardization and damage
  • We request to the pull the bill for the safety of our residents
  • Springer- AS you know from previous testimony firefighters kick in don’t use keys
    • I don’t agree
    • The keys also help control the elevators to bring it down to the first floor
    • The lockboxes are not just for unites it control elevators and other things
  • Springer- I see how this is more dangerous for urban senators
  • Hall- I think a compromise is standardizing the key

 

Neill Knox, Knox Company – Against

  • It’s a steel box you cannot find elsewhere; it controls padlocks, fences, elevators
  • Law enforcement access, like in Uvalde the law enforcement did not the keys they needed
  • By law the fire department have to go in and see no matter what, if it’s nothing it causes no property damage to use the key
  • Eckhardt- What’s the expect
    • Lifetime warranty

 

SB 573 left pending

 

SB 322  (Huffman) Relating to the compensation of members of the seawall commission in Matagorda County.

  • Local bill to account for inflation and increasing workload
  • No Testimony

 

SB 322 left pending

 

SB 361 (Eckhardt | et al.) Relating to the eligibility of a person employed by a school district as a teacher to serve on the appraisal review board of an appraisal district.

  • Bipartisan bill to help teachers and appraisal districts
  • Allowing teachers to serve on boards.
  • Employees of the taxing unit are unable to serve under current law
  • The bill will be a win-win allowing teachers to help make decisions and make extra income over the summer

 

Marya Crigler, Chief Appraiser of Travis County Central Appraisal District – For

  • Started with a deficit of 10 member to 18 members
  • Deficit of 63 members equal to 21 panels were not able to man
  • We are looking to

 

Jordan Wiess Fort Bend Appraisal District – For

  • No questions

 

SB 361 left pending

 

SB 1250 (Bettencourt )Relating to the powers of the Harris County Water Control and Improvement District No. 110; providing authority to impose a fee and impose fines and penalties.

  • Authority to issue storm compliance retention ponds

 

Vanessa Sommer Harris County Water Control and Improvement District 110 – For

  • Continuation of abating flooding in our districts
  • Private detention ponds are not regulated and not being maintained
  • Bills allows up to make private owned ponds meet Harris County standards
  • If the ponds are not maintained can negatively affect flooding and water detention ponds
  • Will not require an increase in taxes
  • Taxes serve to prevent future flooding

 

Brian Mills, 110 District Manager – For

  • One step to assist Harris County flood control
  • Wil hopefully replicated by other districts
  • Provides flood abatement in Harris County if we can make sure private ponds reach standards

 

SB 1250 left pending

 

SB 348  (Springer) Relating to the prohibition on posting on the Internet information held by an appraisal district regarding certain residential property.

  • Updating things such a google earth and maps
  • Help citizens and appraisal districts work together

 

Jordan Weiss, For Bend Central Appraisal District – For

  • Property owner friendly bill
  • Eliminates some of the layers of bureaucracy
  • Springer- It is only the exterior that will be shared correct
    • Correct

 

SB 348 Left Pending

SB 349  (Springer) Relating to county and municipal housing authority pet policies.

  • Cannot discriminate on what pet lives in the
  • Eckhardt- I agree with the sentiments of the bills it can be difficult to get a dog deemed dangerous

 

Eric Swafford, Best Friends Animal Society – For

  • Number one reason owners surrender pets is housing requirements
  • Breed specific laws cannot be enacted by local governments
  • Pets are property in Texas

 

Wendy Lang, Public Housing Property with Austin  – Against

  • Victim of a dog attack
  • A Pitbull attacked her in an elevator

 

Sylvia Blanco, Housing Authority of Austin -Against

  • Legislative overreach
  • Housing is already required to establish pet policies in consultation with tenants
  • Tenants agreed on size weight and breed
  • Housing authorities are being targeted
  • Do not get money from Texas
  • Protecting those with disabilities, children
  • The pet policies reflect reasonable restrictions for communities that call it home
  • Gutierrez- You manage multiplex units?
    • We do not do single housing
  • Gutierrez- I don’t know how to feel about the bill, but I know there was a gentleman mauled to death by a Pitbull in San Antonio, you make these rules for safety of constituents
    • Correct our tenants wanted these safeties in place
  • Eckhardt- It would limit HOCA to limit a certain breed, but it does not restrict a dog of a certain weight or behavior to be restricted
    • We have places a limit of the pet being under 30 pounds that ban majority of those breeds but not all
    • Our tenants said they don’t feel safe with the dangerous breeds in their housing
    • The vast majority of the breed tenants are uncomfortable with are Pitbulls

 

President of Resident Council – Against

  • Those attacked by dogs majority affects children and low income
  • Texas has the highest rate of dog attacks and hospitalization due to dog attacks

 

Social Worker With Texas Housing Department – Against

  • It costs money to train dogs, many in low-income housing do not have the money to train them they are the at-risk population we are protecting

 

Mary Cariola, Texas Public Housing Commissioner – Against

  • The safety of at-risk populations such as elderly and low income
  • As long as pets don’t pose a risk we allow pets
  • Allow housing authorities continued flexibility for housing policies

 

Michael Roth – Against

  • House at risk populations; not every property is appropriate for every type of dog and breed
  • We like to keep our right of working with our tenants
  • Other people become afraid if there are large animals
  • Large dogs to protect homes affect maintenance staff in apartments

 

Lupe Garcia, Housing Authority of Austin – Against

  • Freedom to advise pet regulations for safety
  • Her small Chihuahua attacked by a Pitbull

 

Kimberly Bergan, Self – For

  • Punishes responsible dog owners while not punishing bad owners who do not train their dogs
  • Eckhardt- How much does it cost to train a dog
    • It’s a lot of money
    • 17,000 dollars for training as a responsible dog owner
    • Even dog owners of small dogs who bite
  • Gutierrez- not all owners are responsible and majority of attacks are Rottweilers and Pitbull?
    • Correct

 

Natalie Lynch, Self – Neutral

  • Animal law expert; proposed bill verbiage not related to its purpose
  • If you want to legislate specific dog breeds, then put that language in
  • This bill only specifically discusses “dangerous dogs” and there are confusing remedies in the bill including federal funds for a singular animal/incident
  • Springer – If you have recommendations, office is open

 

Leilani Lim-Villegas, Housing Authority of Austin – Against

  • Should retain the ability to set our own pet policies; are based are upon community’s standards

 

Andrea C, Self – For

  • Fully support; families should not have to chose between their pets and their family

 

SB 349 Pending

 

SJR 28 (Middleton) Proposing a constitutional amendment to abolish the office of county treasurer of Galveston County

  • Middleton – Are nine counties who have already done this; does not affect any other county treasurer position
  • 12 out of 13 cities in Galveston County have passed resolutions supporting this legislation
  • Is a taxpayer funded lobbyist organization who is against this legislation, but the voters overwhelmingly support this
    • Seems like they only support local control when they agree with what they are saying
  • Hall – Sounds like you should file a bill to get rid of taxpayer funded lobbying
    • Had a twelve-hour hearing related to that last week; the voters have spoken that they support this resolution
  • Hall – Support this resolution

 

Justin West, Constable Galveston County – For

  • Support this resolution with wide elected-officials support; treasurer currently elected ran on the platform of abolishing the treasurer’s office

 

Nick Long, Mayor League City – For

  • League City has passed a resolution in support of eliminating the treasurer’s office
  • The city has a larger budget than the county, and we manage our funds without a treasurer

 

Jennifer Henderson, Schleicher County Treasurer – Against

  • This resolution will remove a large portion of the checks and balances in government
  • Would transparency of government
  • Should not mess with eh
  • Springer- what are they getting wrong when people call it a relic?
    • I handle payroll, investments, human resources, ESSER taxes, accounts for the public school
    • The current statute allows me to bring issues to commissioners court, and allows me withhold funds

 

Jessie Brantley, Councilmember for City of Dickinson – For

  • Wants the opportunity vote on resolution
  • 500,000 dollars in savings if take away the role of treasurer

 

Zach Davidson Governmental Relations for Galveston County – For

  • It would only impact Galveston county if passed not other places
  • Nine other counties have operated without a treasurer

 

Spencer Lewis Communications Director- For

  • Eliminating the treasurers office would save tax payers dollars and not negatively impact the county

 

Sean Sanders League City Councilmember – For

  • League city voted to eliminate the county the treasurer

 

Gayla Hawkins, Grayson County Treasurer – Against

  • Treasurer acts as checks and balances for constituents
  • Treasures provide critical transparency, taking away this office takes away transparency and oversight of other offices
  • Springer- have you sat down with Galveston to ask why they aren’t meeting savings?
    • We haven’t’ but it doesn’t save money because you just have to pay more people to do the treasurer’s job

 

Hank Dugie, Galveston County Treasurer – For

  • Ran on the platform to abolish this outdated office
  • Would save the county approximately $500k a year
  • Do not need elected treasurer to do the duties in the county
  • Springer- you made your cornerstone to eliminate the office? Anyone have problems?
    • I won majority vote; this is just for Galveston County
    • In Galveston it is bipartisan effort
  • Bettencourt- I appreciate that you did what you said you were going to run
    • Notes he decided not to take the elected official salary

 

SJR 28 left pending