20220216-002a: 87th State Legislature Update — original pdf
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87TH STATE LEGISLATURE Intergovernmental Relations Office – Brie L. Franco, Officer 87TH LEGISLATIVE SESSION: RECAP • 7,148 bills and joint resolutions filed and reviewed by IGRO • 15% of filed bills & joint resolutions ultimately passed • This is a reduced passage rate of 5% from previous sessions • 67% of passed bills filed by Republicans & 33% filed by Democrats • 21 vetoes by the governor. • IGRO tracked 2,254 bills and joint resolutions 1 87TH SPECIAL SESSIONS: STATISTICS 1st Called Session • July 8 – Aug. 6 • 405 bills & joint resolutions filed & reviewed IGRO • No bills passed 2nd Called Session • Aug. 7 – Sept. 2 • 380 bills & joint resolutions filed & reviewed IGRO • 15 bills & joint resolutions passed 3rd Called Session • Sept. 20 – Oct 19 • 249 bills & joint resolutions filed & reviewed IGRO • 11 bills & joint resolutions passed 2 87TH PASSED BILLS: NEGATIVE FOR CITY City Police Funding HB 1900 (Goldman) Camping Ban HB 1925 (Capriglione) Effective Sept. 1, 2021 Effective Sept. 1, 2021 No Contracts : Firearm Boycott SB 19 (Schwertner) Effective Sept. 1, 2021 Permitless Carry HB 1927 (Schaefer) Effective Sept. 1, 2021 3 87TH PASSED BILLS: POSITIVE FOR THE CITY APRS Pensions HB 4368 (Rodriguez) Cloud Computing SB 58 (Zaffirini) Effective Sept. 1, 2021 Effective June 3, 2021 Local Health Department Medicaid SB 73 (Miles) Effective Sept. 1, 2021 4 87TH BILLS FAILED TO PASS: POSITIVE FOR CITY Super Preemption AE Rates HB 610 (Swanson) SB 566 (Buckingham) Community Advocacy SB 10 (Hall) HB 2775 (Cain) HB 3909 (Harris) Lake Austin Disannexation SB 659 (Buckingham) HB 1653 (Craddick ) West Rim Disannexation HB 2776 (Deshotel) Lost Creek Disannexation SB 1499 (Buckingham) HB 3827 (Wilson) Noise Ordinance Preemption HB 3813 (Harris) Homeless Housing SB 646 & SB 796 (Schwertner) HB 1803 (Wilson) Employment Preemption SB 14 (Creighton) 5 87TH BILLS FAILED TO PASS: POSITIVE FOR CITY ETJ Regulation HB 1885 (Harris) Pandemic Response HB 3 (Burrows) Confederate Monuments HB 2713 (Hefner) MOU Deregulation SB 182 (Schwertner) 6 87TH PASSED BILLS: ENVIRONMENTAL Gas Preemption HB 17 (Deshotel) Effective May 18, 2021 TPWD & TX Water Trust HB 2225 (King, Tracy) Effective Sept. 1, 2021 No State Contracts: Fossil Fuel Boycott SB 13 (Hughes) Effective June 14, 2021 7 87TH BILLS FAILED TO PASS: ENVIRONMENTAL TCEQ Penalties HB 1820 (Zwiener) House Calendar Deadline Gas Preemption HB 1501 (Dean) Point of Order (Zweiner) Office of Environmental Justice HB 1191 (Goodwin) / SB 1294 (Eckhardt) Neither bill received a hearing Greenhouse Gas Regulation Preemption SB 1261 (Birdwell) House Calendar Deadline Pipeline Preemption / Barton Springs HB 1683 (Landgraf) Fixed by Author in Committee Passed House / No Senate Hearing 8 88TH SESSION: CHANGES • Changes in Senate membership & leadership • Potentially 40 new members in House • Austin delegation changes and committee assignments • Interim charges likely after March primary 9 QUESTIONS? Brie L. Franco Intergovernmental Relations Officer Brie.Franco@austintexas.gov Agenda: https://www.austintexas.gov/edims/document. cfm?id=347683 10 87TH LEGISLATIVE SESSIONS: APPENDIX • Bills Impacting People Experiencing Homelessness • Police Funding Bills 11 87TH BILLS IMPACTING THE HOMELESS Camping Ban HB 1925 (Capriglione) Effective September 1, 2021 • City must submit a plan for approval by TDHCA to designate a property for encampment. Designation of public parks is prohibited. • Offense is a Class C misdemeanor. Officers must make reasonable effort to connect persons to designated encampment and services. • Local entities cannot have policies that prohibit or discourage enforcement of the ban nor can they discourage peace officers or prosecuting attorneys from enforcing the ban. • Policies that encourage diversion or provision of services in lieu of citation or arrest are allowed. • HB 1925 Contingency Rider NOT included in the final appropriations act. • City submitted comments on TDHCA rules for encampment for public comment Purchase / Conversion: County Approval • SB 646 (Schwertner) • Vote failed in House Committee • HB 1803 (Wilson) • Procedurally Dead: House Calendar Deadline Purchase / Conversion: Notice • SB 796 (Schwertner) • Vote failed in House Committee 12 87TH POLICE FUNDING City Police Funding HB 1900 (Goldman) Effective September 1, 2021 • Applies only to municipalities over 250,000 • “Defunding municipality” reduces appropriation to police department compared to previous budget. [lower than the larger of previous two years’ budgets until 2023] • Determined by Office of Governor’s Criminal Justice Division (“CJD”). Some exceptions allowed at discretion of CJD • Penalties: • Dis-annexation elections and prohibition on annexations. • Must use lowest property tax rate (generally no-new-revenue rate) for upcoming year • Annual sales tax distribution decreased by amount determined by CJD that State spent to provide law enforcement services to City. • Increase contributions to APRS such that the combined City and member contributions are no less than the combined City and member contributions in FY2021. • AE & AWU rates capped at January 2021 levels unless utilities stop providing any funding to the City through transfers. County Funding SB 23 (Huffman) Applies only to counties over 1 million Effective January 1, 2022 9 other “defunding” bills did not pass 13 Thank you 14