Third Special Session:  City-Related Bills Filed

PUBLIC SAFETY

3S.B. 8 (Patrick) – Concealed Handgunswould provide that: (1) a state agency or a political subdivision of the state may not provide notice by a sign described by Section 30.06, Penal Code (the provision governing notice by a sign to a concealed handgun license holder that carrying is not permitted in an area) or by any sign expressly referring to that law or to a concealed handgun license, that a license holder carrying a handgun is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity, unless the state agency or political subdivision is actually authorized to prohibit the license holder from that place; (2) a state agency or a political subdivision of the state that violates (1), above, is liable for a civil penalty of not less than $1,000 and not more than $1,500 for the first violation and not less than $10,000 and not more than $10,500 for the second or a subsequent violation; (3) each day of a continuing violation of (1), above, constitutes a separate violation; (4) a citizen of this state or a person licensed to carry a concealed handgun may file a complaint with the attorney general that a state agency or political subdivision is in violation of (1), above, and the attorney general must investigate and decide whether to take action on the complaint; (5) if legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that  gives the agency or political subdivision 15 days from receipt of the notice to remove the sign and cure the violation to avoid the penalty, unless the agency or political subdivision was found liable by a court for previously violating (1), above; (6) if the attorney general determines that legal action is warranted, and that the state agency or political subdivision has not cured the violation within the 15-day period, the attorney general or the appropriate county or district attorney may: (a) sue to collect the civil penalty provided by the bill; and/or (b) file a writ of mandamus; or (c) apply for other appropriate equitable relief; (7) sovereign immunity to suit is waived and abolished to the extent of liability created by the bill; and (8) the current law relating to carrying in a meeting is clarified to allow the state or a political subdivision the right to prohibit entry only into an actual room where an entity subject to the Open Meetings Act is meeting, rather than the entire building in which the meeting room is located. 

 

TRANSPORTATION

3H.B. 1 (Pickett) – Transportation Fundingwould:  

1. create nine-member House and nine-member Senate Select Committees on Transportation Funding, Expenditures, and Finance;

2. provide that the committees, meeting separately or jointly, shall review, study, and evaluate:

a. the future reliability of all current state transportation funding sources;

b. alternatives that may increase available state funding for surface transportation, including an examination of increases to current surface-transportation-related funding streams and possible diversions of non-surface-transportation-related funding streams toward surface transportation funding;

c. the use of debt financing in state transportation funding, including the uses of the Texas Mobility Fund, and the effects on long-term transportation planning of using debt financing;

d. alternative transportation funding options in use nationally and internationally;

e. current and historic appropriations to the Texas Department of Transportation, including: (i) whether that agency’s budget structure best maximizes the application of limited public funds toward highway maintenance and construction; (ii) whether there are opportunities to reduce the use of money from the state highway fund by that agency for activities not related to highway maintenance and construction, including such uses as employee salaries and benefits; and (iii) possible benefits of developing a budget for that agency for the 2016-2017 state fiscal biennium using zero-based budgeting principles;

f. the uses of the state highway fund for agencies other than the Texas Department of Transportation, including and emphasizing the use of that fund for the Department of Public Safety of the State of Texas; and

g. the original purpose of the economic stabilization fund established by Section 49-g, Article III, Texas Constitution, whether that purpose remains relevant, and whether it remains appropriate to continue using the net amount of oil and gas production taxes received in the 1987 state fiscal year as the basis for making general revenue transfers to the economic stabilization fund;

3. provide that the committees established under this section shall jointly adopt recommendations related to the reviewed subjects and shall provide a written report of the committees' recommendations on the reviewed subjects to the legislature not later than November 1, 2014;

4. provide that, before the legislative budget board submits the biennial budget, the board shall determine and adopt for the next state fiscal biennium a sufficient balance of the Rainy Day Fund in an amount that the board estimates will ensure an appropriate amount of revenue available in the fund;

5. provide that, if certain complex conditions are met, a portion of the money in the Rainy Day Fund will go to the credit of the state highway fund; and

6. provide that the bill takes effect only if H.J.R. 1 or S.J.R. 1 is passed and approved by the voters in November.

3H.B. 2 (Geren) – Transportation Fundingwould appropriate the amount of $630 million from the state’s general revenue fund for the state fiscal biennium beginningSeptember 1, 2013, to the Texas Department of Transportation tobe used only for the constructing, maintaining, and acquiringrights-of-way for public roadways, other than toll roads.

3H.B. 3 (Harper-Brown) – Transportation Fundingwould provide that:  (1) in each state fiscal year beginning on or after September 1, 2015, the comptroller shall deposit to the credit of the state highway fund an amount of money that is equal to 33-1/3 percent of the state’s motor vehicle sales tax revenue money (after the comptroller deposits a certain amount to the property tax relief fund as required by current law) in excess of the first $3.6 billion;  (2) the comptroller shall deposit to the credit of the state highway fund any revenue that exceeds the comptroller’s constitutionally-required revenue estimate up to a maximum of $2 billion until September 1, 2015; and (3) a joint committee composed of four members of the senate appointed by the lieutenant governor and four members of the House appointed by the speaker is created to study the structure, funding, and use of the Rainy Day Fund and report back to the legislature by November 1, 2014.

3H.B. 4 (Lavender) – Transportation Fundingwould provide that:  (1) in each state fiscal year beginning on or after September 1, 2015, the comptroller shall deposit to the credit of the state highway fund an amount of money that is equal to 33-1/3 percent of the state’s motor vehicle sales tax revenue money (after the comptroller deposits a certain amount to the property tax relief fund as required by current law) in excess of the first $3 billion;  and (2) the Texas Transportation Commission may use money from the Texas mobility fund to provide funding, including through a loan, for a port security project, a port transportation project, or other similar project.

3H.J.R. 1 (Pickett) – Transportation Funding:  would amend the Texas Constitution to generally provide that half of the state’s oil and gas tax revenues would go to fund transportation and half would go into the Rainy Day Fund, with some limitations.  (Companion bill is 3S.J.R. 1 by Nichols.)

3S.B. 1 (Nichols) – Transportation Fundingthis bill is essentially the same as 3H.B. 1, above.

3S.J.R. 1 (Nichols) – Transportation Funding:  this bill is the same as 3H.J.R. 1, above.

 

TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.

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