Public Safety CommissionAug. 2, 2021

PSC backup - Update from Brie Franco - 87th Legislature - 8-2-2021 mtg — original pdf

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87TH STATE LEGISLATURE Intergovernmental Relations Office – Brie L. Franco, Officer 87TH PASSED BILLS: NEGATIVE FOR CITY Disaster Rollback Camping Ban SB 1438 HB 1925 (Bettencourt) (Capriglione) Effective June 16, 2021 Effective Sept. 1, 2021 City Police Funding HB 1900 (Goldman) Effective Sept. 1, 2021 Gas Preemption HB 17 (Deshotel) Effective May 18, 2021 Historic Districts SB 1585 (Hughes) Effective Sept. 1, 2021 No Contracts : Firearm Boycott SB 19 (Schwertner) Effective Sept. 1, 2021 Permitless Carry HB 1927 (Schaefer) Effective Sept. 1, 2021 1 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 2 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. • TDHCA has posted a proposed rule 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 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 Save MUNY SB 390 (Eckhardt) Music Incubator SB 609 (Alvarado) Effective May 24, 2021 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 Completeness Check HB 4447 (Oliverson) Pandemic Response HB 3 (Burrows) ETJ Regulation HB 1885 (Harris) SB 1667 (Hughes) Confederate Monuments HB 2713 (Hefner) Election “Integrity” SB 7 (Hughes) HB 6 (Cain) 30 day shot clock HB 4121 (Guillen) Building Permit Timeline HB 2590 (Leach) Abortion Logistical Support HB 1173 (Noble) SB 1947 (Springer) SB 650 (Campbell) MOU Deregulation SB 182 (Schwertner) 6 87TH PASSED BILLS: PUBLIC SAFETY Mental Health Leave Policy SB 1359 (Hughes) Effective Sept. 1, 2021 COVID Presumption SB 22 (Springer) Sexual Assault Victims HB 1172 (Howard) Effective June 14, 2021 Effective Sept. 1, 2021 Duty to Render & Request Aid SB 2212 (West) Excessive Force & Duty to Intervene SB 69 (Miles) Effective Sept. 1, 2021 Effective Sept. 1, 2021 7 87TH BILLS FAILED TO PASS: PUBLIC SAFETY George Floyd Act HB 88 (Thompson, Senfronia) Firearm Background Checks HB 606 (Goodwin) / SB 242 (Eckhardt No Knock Warrants HB 492 (Wu) Minor Traffic Arrests Ban HB 830 (Thompson, Senfronia) 8 87TH SPECIAL SESSIONS • Governor can call a special session at any time • First Special Session: July 8th - August 6th • See appendix for items on the call, including Article X funding, election integrity, bail reform and family/domestic violence education. • Democrats broke quorum to protest elections bills on July 12th • Probable second special session in August to address the same issues • Special session on redistricting & federal COVID funds likely to be in September/October 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 SESSION: APPENDIX • 87th Session Statistics • First Called Special Session: Items on the Call 11 87TH LEGISLATIVE SESSION: STATISTICS • 7,148 bills and joint resolutions filed and reviewed by IGRO • IGRO tracked 2,254 bills and joint resolutions • 3,559 bills were filed in last 10 business days before the bill filing deadline (67%) • 21 vetoes by the governor. 12 87TH 1ST CALLED SPECIAL SESSION: ITEMS ON THE CALL Bail Reform Election Integrity Border Security Social Media “Freedom of Speech” Article X Funding Family Violence Prevention Education Transgender Youth Sports Abortion-Inducing Drugs Thirteenth Check Teacher Retirement System Critical Race Theory Appropriations property-tax relief; foster care, cybersecurity 13 Thank you 14