SAFE-D Legislative Update July 2017

2705 Bee Cave Road, Suite 200
Austin, Texas 78746
(512) 614-0901
www.carltonlawaustin.com
©2017
Legislative Update
SAFE-D
July11, 2017

Austin, Texas 78746
(512) 614-0901
©2017
Important Legislative Dates
• Monday, May 29, 2017
Last day of 85th Regular Session
• Sunday, June 18, 2017
(20th day following final adjournment)
Last day governor could sign or veto bills
passed during the regular legislative
session

Austin, Texas 78746
(512) 614-0901
©2017
85th Regular Session Statistics
• 6631 Bills filed
– 6276 Bills filed last Session
– 1211 (18.26%) passed
– 50 vetoed by Governor
• 169 Joint Resolutions
– 9 (5.3%) passed

Austin, Texas 78746
(512) 614-0901
©2017
• July 10, 2017
– Prefiling Bills for 1st Special Session of the
85th Legislature Began
– 71 Bills Filed (as of 10am today)
• July 18, 2017
– 1st Special Session Begins

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
• Governor’s Proclamation
– “Legislature adjourned its 85th regular
session without extending the existence of the
Texas Medical Board, the Texas State Board
of Examiners of Psychologists, the Texas
State Board of Examiners of Marriage and
Family Therapists, the Texas State Board of
Examiners of Professional Counselors, and
the Texas State Board of Social Worker
Examiners…”

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
• Governor’s Proclamation
– “as soon as the Senate passes all bills
necessary to extend the existence of the five
state agencies referenced above, I intend to
add to this first called session of the 85th
Legislature the items I announced on June 6,
2017…”

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
• Governor’s Supplemental Proclamation
– Legislation to increase the average salary and
benefits of Texas teachers; and legislation to
provide a more flexible and rewarding salary
and benefit system for Texas teachers.
– Legislation establishing a statewide
commission to study and recommend
improvements to the current public school
finance system.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation to empower parents of children
with special needs or educational
disadvantages to choose an educational
provider that is best for their child.
– Legislation reforming the laws governing ad
valorem property taxes.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation continuing the operation and
expanding the duties of the Maternal Mortality
and Morbidity Task Force to ensure action is
taken to reduce the maternal mortality rate in
Texas.
– Legislation adjusting the scheduling of Sunset
Commission review of state agencies

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation using population growth and
inflation to establish a spending limit for state
government.
– Legislation using population growth and
inflation to establish a spending limit for
political subdivisions.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation protecting the private property rights
of land owners from political subdivision rules,
regulations, or ordinances that interfere with,
delay, or restrict private property owners’ ability to
use or enjoy their property.
– Legislation expediting the issuance of permits by
political subdivisions and reforming the laws
governing the issuance of permits by political
subdivisions.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation preventing political subdivisions from
imposing on private property additional or
enhanced regulations that did not exist at the time
the property was acquired.
– Legislation reforming the authority of
municipalities to annex territory, to exert control
over territory, or to regulate the use of annexed
land or land in a municipality’s extraterritorial
jurisdiction.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation preempting local regulation of the
use of hand-held mobile communication
devices while driving.
– Legislation regarding the use of multi-occupancy
showers, locker rooms, restrooms, and changing
rooms.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation prohibiting state or local
government entities from deducting labor
union or employee organization membership
fees or dues from the wages of public
employees.
– Legislation prohibiting financial transactions
between a governmental entity and an
abortion provider or affiliate of the abortion
provider.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation restricting health plan and health
benefit plan coverage for abortions.
– Legislation strengthening the laws applicable
to the reporting of abortions and abortion
complications to the Department of State
Health Services.

Austin, Texas 78746
(512) 614-0901
©2017
1st Special Session
(cont.)
– Legislation enhancing patient protections
contained in the procedures and requirements
for do-not-resuscitate orders.
– Legislation enhancing the detection,
prosecution, and elimination of mail-in ballot
fraud.

Austin, Texas 78746
(512) 614-0901
©2017
• Thursday, August 17, 2017
End of 1st Special Session
• Monday, August 28, 2017
(91st day following final adjournment of
Regular Session)
Date that bills without specific effective
dates (that could not be effective
immediately) become law

Austin, Texas 78746
(512) 614-0901
©2017
Issues During Regular
Session

Austin, Texas 78746
(512) 614-0901
©2017
Issues
• Governor’s Emergency Items Passed
– Ethics Reform (SB 14, SB 500 and HB 501)
– Child Protective Services Restructuring (HB 5
and others)
– “Sanctuary” Cities (SB 4)
– Convention of States (SJR 2, SJR 38 and SB
21)

Austin, Texas 78746
(512) 614-0901
©2017
Issues
• Lt Governor’s Issues
– Balanced Budget
– Comprehensive Property Tax Reform
– Transgender Bathroom
– Abortion Restrictions
– Voter ID
– School Choice
– Immigration/Sanctuary Cities
– Student-Teacher Relationships
– State Spending Cap
– Hailstorm Insurance Reform

Austin, Texas 78746
(512) 614-0901
©2017
Issues
• Municipal Annexation
• Gun Control

Austin, Texas 78746
(512) 614-0901
©2017
SAFE-D Legislative Agenda

Austin, Texas 78746
(512) 614-0901
©2017
SAFE-D Legislative Workshop
• September 17, 2017
• Approximately 50 from across the State
• Caucus Groups Prioritized Issues for
SAFE-D
– Municipal Issues
– Sales Tax Issues
– Service Provider Issues
– Property Tax Issues
– Government Transparency

Austin, Texas 78746
(512) 614-0901
©2017
• SAFE-D Legislative Committee
– Scott Morgan, Chair
– Liz Cargile, Vice-Chair
– Jim Carter
– Paula Barr
– Bob Janusaitis

Austin, Texas 78746
(512) 614-0901
©2017
• Protection of ESD Funding
– Limitations on Exceeding Effective Tax Rate
and changes to Rollback Rate
• No limitations imposed during Regular Session
• Coming Back in Special Session
– Changes to State Sales Tax
• Sales tax remains in place
• Single election for varied sales tax now possible

Austin, Texas 78746
(512) 614-0901
©2017
• City Issues
– City Removal from ESDs
• Protection of those left behind
– City Annexation Impacts on ESDs
• Protection of those left behind
– Relationships with Cities
• Structure for mutual working relationship
• These may be Special Session Issues

Austin, Texas 78746
(512) 614-0901
©2017
• Sales Tax Revenue Protection/Access
• No Changes
• Employee/Union Issues
• No changes

Austin, Texas 78746
(512) 614-0901
©2017
• Other
– ESD Commissioner Elections/Qualifications
• Addressed Hardin/Tyler County Issue
• No other changes
– First Responder Handgun License
• HB 435

Austin, Texas 78746
(512) 614-0901
©2017
Significant Legislation for
ESDs

Austin, Texas 78746
(512) 614-0901
©2017
Legislation Affecting
Property Tax
• SB 2 by Bettencourt, Paul(R) and
Relating to ad valorem taxation.
• Did not pass House – but will come up
again in Special Session
– Would have reduced Rollback rate to 4%,
– Would have required election to exceed
Rollback

Austin, Texas 78746
(512) 614-0901
©2017
Property Tax
• SB 2 (cont.)
– Would have required adoption of tax
exceeding rollback by August 15.
– Would have established advisory board to
Comptroller for oversight of appraisal boards
– Would have provided comprehensive program
for oversight of appraisal boards.
– Would have restructured appraisal appeal
process.

Austin, Texas 78746
(512) 614-0901
©2017
Property Tax
• SB 669 by Nelson(R) and Relating to to
the system for protesting or appealing
certain ad valorem tax determinations
• Senate did not accept House changes –
but will come up again in Special Session
– Did not include changes to rollback rate or
rollback election.

Austin, Texas 78746
(512) 614-0901
©2017
Property Tax
• SB 669 (cont.)
– Would have established statewide database at
Comptroller for all taxing entities. Clarifies that
"debt" is that approved at an election.
– Would have changed terminology of "effective
rate" to "no new taxes rate".
– Would have required Chief Appraiser and entity
CFO or Auditor to approve all "no new taxes rate“
and rollback rate calculations before submission
to governing body and adoption of tax rate.

Austin, Texas 78746
(512) 614-0901
©2017
Property Tax
• SB 669 (cont.)
– Would have required Chief Appraiser to send
notice of taxes to all property owners.
– Would have required submission data to
Comptroller before adopting tax rate.
– Would have required every taxing entity to
maintain an Internet website (or social media
page) and post information regarding tax rate
on that website.

Austin, Texas 78746
(512) 614-0901
©2017
Municipal Annexation
• HB 299 by Larson, Lyle(R) and Relating to
municipal annexation.
– Extensive rewrite of the state annexation
laws.
– Eliminates limited purpose annexation areas
– Requires full purpose annexation of current
limited purpose areas.
– Allows non-continguous annexation within
ETJ.

Austin, Texas 78746
(512) 614-0901
©2017
• SB 715 by Campbell, Donna (R) and
Relating to municipal annexation.
• Died by Filibuster at Midnight May 28th in
Senate
– Similar to HB 299
– Removes limited purpose annexation, except
for water district SPAs.

Austin, Texas 78746
(512) 614-0901
©2017
• SB 715 (cont.)
– Would have required petition of more than 50% of
voters and landowners to annex area with fewer
than 200 residents.
– Would have required an election for areas with
more than 200 residents and consent of more
than 50% of landowners.
– Would have required annexation of LPA areas by
end of plan.
– Provided for notice to Service Providers before
Annexation hearing

Austin, Texas 78746
(512) 614-0901
©2017
• HB 2596 by Larson, Lyle(R) Relating to
certain notice of the extent of a municipality
or its extraterritorial jurisdiction.
• SB 655 Bettencourt, Paul(R) is Identical
– Requires city to make digital map of city limits
and ETJ available on website and at city without
charge
– Requires notice to each property owner in new
city limits or ETJ area.
• May come back in Special Session

Austin, Texas 78746
(512) 614-0901
©2017
• SB 1878 by Menendez(D) and Relating to
the service plan for the annexation by
certain municipalities of territory included
in an emergency services district.
• Effective 9/1/2017
– Expands population bracket to extend
provisions on ESD annexation to San Antonio
in addition to Austin.

Austin, Texas 78746
(512) 614-0901
©2017
Sales Tax
• HB 1370 by Springer, Drew(R) and
Relating to sales and use tax information
provided to certain local governmental
entities.
– Requires Comptroller to make detailed
information on sales tax collections available
to special purpose districts, including gross
sales and taxable sales by outlet.
• Died on House Floor without vote

Austin, Texas 78746
(512) 614-0901
©2017
Sales Tax
• SB 1727 by Birdwell(R) and Relating to
the procedure for an election to adopt a
sales and use tax or to change the tax rate
in an emergency services district.
– Clarifies sales tax election process to allow
adoption of varying sales tax rates in single
election across the District.

Austin, Texas 78746
(512) 614-0901
©2017
Open Government
• SB 625 by Kolkhorst(R) and Relating to public access to
financial and tax rate information of certain special purpose
districts.
– Instructs the Texas Comptroller to create a new database of
special purpose districts for all active districts’ financial and tax
data.
– Each district that imposes a sales tax or property tax or that
imposes an assessment or charges a fee is now required to
submit a variety of data to the online database, including:
• contact information,
• board members,
• website, if any, and
• information related to debt, bonds, tax rates, and revenue.
– Any district that fails to submit the data would be placed on a
noncompliance list and would be subject to other penalty.

Austin, Texas 78746
(512) 614-0901
©2017
ESD Employees
• HB 2685 by Martinez, Armando(D) and Relating to
conditions of employment for fire protection
personnel of emergency service districts.
• Died in Committee
– Provided petition and election process to apply
municipal civil service firefighter laws to ESDs,
including:
• min salary for >175K population,
• Longevity pay,
• salary schedule, and
• minimum salary petition process (subject to CBA);
• Work cycle and hours, max hours and vacation based on
population,

Austin, Texas 78746
(512) 614-0901
©2017
ESD Employees
• HB 2685 (cont)
– Provided petition and election process to apply
municipal civil service firefighter laws to ESDs,
including:
• overtime hours,
• compensatory time,
• hospitalization costs,
• liability insurance,
• motor vehicle liability insurance,
• salary continuation and
• court appearance payments.

Austin, Texas 78746
(512) 614-0901
©2017
ESD Employees
• HB 2351 by Nevarez, Poncho (D) Relating
to the investigation of fire fighters
employed by certain municipalities and
districts.
• Died on House floor, withdrawn from local
calendar.
– Applies procedures in Local Gov't Code
143.312 investigation and complaint
procedures to paid ESD firefighters.

Austin, Texas 78746
(512) 614-0901
©2017
ESD Volunteers
• HB 435 by King, Ken(R) and Relating to the
application of certain weapons laws to and liability for
certain actions of volunteer emergency services
personnel licensed to carry a handgun.
– Defines “volunteer emergency services personnel” to
include a volunteer firefighter, an emergency medical
services volunteer, and any individual who, as a volunteer,
provides services for the benefit of the general public
during emergency situations;
– Provides that a governmental unit (including an ESD) is
not liable in a civil action arising from the discharge of a
handgun by an individual who qualifies as volunteer
emergency services personnel and is licensed to carry the
handgun;

Austin, Texas 78746
(512) 614-0901
©2017
ESD Volunteers
• HB 435 (cont.)
– The discharge of a handgun by volunteer emergency services
personnel licensed to carry the handgun is outside the course and
scope of the individual’s duties as volunteer emergency services
personnel;
– The bill may not be construed to waive the immunity from suit or liability
of a governmental unit under the Texas Tort Claims Act or any other law;
and
– Volunteer emergency services personnel who are engaged in providing
emergency services:
• have a defense to prosecution for carrying into a place under which an owner has
lawfully excluded licensed carry by providing notice under current law, bars, jails,
sporting events, hospitals that provide notice, open meetings if notice is provided,
amusement parks, or places of worship; and
• May carry into a school, institution of higher education, polling place, court or
court offices, racetrack, secured area of an airport, or place of execution.
– Does NOT require ESD to allow its volunteer emergency services
personnel to carry a handgun while engaged in providing emergency
services.

Austin, Texas 78746
(512) 614-0901
©2017
Other Issues
• SB 241 by Burton, Konni(R) and Relating
to the use by a political subdivision of
public money for lobbying activities.
• Never heard in Committee
– Bill would prohibit use of public funds to
employ lobbyists.

Austin, Texas 78746
(512) 614-0901
©2017
Chapter 775
• HB 3074 by Rodriguez, Eddie(D) and
Relating to compensation to be paid to an
emergency services district for a
municipality's annexation of the district's
territory.
• Heard in Committee but never set on House
Calendar
• Added to SB 715, but Died on Senate Floor
• May be back in Special Session
– Amends annexation law to include sales and use
tax compensation when city annexes into an
ESD.

Austin, Texas 78746
(512) 614-0901
©2017
Chapter 775
• SB 1563 by Kolkhorst, Lois(R) and Relating to
audits of the fiscal accounts and records of
emergency services districts.
• Never heard in Committee
– Revision of audit requirements for ESDs, including
elected board ESDs.
– Provides specific requirements for completion of
audits
– Allows for filing of financial dormancy affidavit in lieu
of audit
– Preserves exemption from audit and requirement for
annual financial statements for certain low revenue
ESDs.

Austin, Texas 78746
(512) 614-0901
©2017
Chapter 775
• HB 2788 by White, James(R) and Relating
to the appointment of emergency services
commissioners in certain districts located
in more than one county.
• Effective 5/29/2017.
– Allows appointment of ESD Commissioners in
Village Mills ESD.

Austin, Texas 78746
(512) 614-0901
©2017
Chapter 775
• HB 2211 by Coleman, Garnet (D) Relating to the
qualifications to serve as an emergency services
commissioner in certain counties.
• Never heard in Committee.
• Added to HB 4180 in House and then removed
from bill in Senate, which Died when House did
not concur in Senate amendments.
– Allows commissioner to be a member of an
organization that provides mutual aid to his / her
district.
– Applies to Harris County.

Austin, Texas 78746
(512) 614-0901
©2017
Chapter 775
• HB 1510 by Isaac, Jason(R) and Relating to the
transfer of certain functions related to emergency
services districts from the Department of Agriculture to
the Department of State Health Services and the
Texas Commission on Fire Protection.
• Passed as Amended, Effective 9/1/2017
– Transfers ESD annual reporting from the Department of
Agriculture to the Division of Emergency Management.
– The Division of Emergency Management must provide
assistance to ESDs regarding technical assistance,
assistance programs for rural firefighters, and information
for rural homeowners on the benefits of volunteer fire
departments.

Austin, Texas 78746
(512) 614-0901
©2017
Chapter 775
• HB 1509 by Isaac, Jason(R) and Relating to the election of
board members of certain emergency services districts.
• Never heard in Committee.
– Required an ESD in a county with a population of more than
200,000 to hold an at large election of emergency services
commissioners.
– Elected commissioners serve 2 year terms.
– Required reimbursement of county's election costs.
– Required in even-numbered years on the November election
date.
– Applied to ESDs located wholly in Dallas, Tarrant, Bexar, Travis,
El Paso, Collin, Hidalgo, Denton, Fort Bend, Montgomery,
Williamson, Cameron, Nueces, Brazoria, Bell, Galveston,
Lubbock, Jefferson, Webb, and McLennan Counties.

Austin, Texas 78746
(512) 614-0901
©2017
John J. Carlton
The Carlton Law Firm, P.L.L.C.
2705 Bee Cave Road
Suite 200
Austin, Texas 78746
(512) 785-8355
john@carltonlawaustin.com

SAFE-D Legislative Update July 2017

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