CITY OF HOUSTON Interoffice Correspondence HOUSTONOffice of the Mayor

To: City Council Members From: Mayor’s Office - Government Relations

Date: August 17, 2017

Subject: 85th Legislative Special Session (1) Wrap up

The 1st called special session for the 85th Legislature adjourned Sine Die on Tuesday, August 15, 2017. A total of 11 bills made it through the legislative process and on to the governor’s desk for signature. The Government Relations team was fully engaged on various issues; mainly playing defense against harmful legislation that would affect municipalities. A complete list of letters submitted on behalf of the City can be found on our GR website at: http://www.houstontx.gov/govtrelations/special-session.html

Out of the 11 bills sent to the governor, the following 2 measures will have an impact on the City of Houston:

Annexation: SB 6 by Senator Donna Campbell & Representative

The City took an aggressive approach in fighting SB 6/HB 6 and 3 other annexation related bills (HBs 57, 63, 69) during the special session. After several meetings with Chairman Huberty and his staff, the City continued to oppose HB 6 for several reasons.

 Joe Crawford from our legal department testified HB 6 would require additional procedures to be implemented we feel are unnecessary considering the protections provided under current law.

 Margaret Wallace Brown from our planning department also testified against the bill and stressed the following 4 points: . HB 6 eliminates the City of Houston’s ability to use a three-year annexation plan as the means by which it identifies territories for future annexation; . HB 6 places excessive requirements on the acceptance of a petition from property owners for an annexation that is requested by property owners and voters; . HB 6 limits the ability of the City to regulate the sale of fireworks within its own boundaries in newly annexed areas; and most importantly, . HB 6 requires that the City hold an expensive election process for any annexation of 200 or more people.

Representative Jim Murphy assisted the City and offered an amendment on 2nd reading allowing MUD boards to conduct annexation elections within their membership if a municipality was proposing to annex 100% of the MUD. The amendment also stated the city would share the cost of the election with a MUD if they were conducting a board of directors election on the same ballot. In the event the board positions were uncontested, the amendment specified the City would be responsible for 100% of the cost of that MUD election. The amendment ultimately failed on a 27-110 vote.

The law becomes effective December 1, 2017.

Tree Regulation: HB 7 by Representative & Senator Lois Kolkhorst:

The Government Relations team submitted a memo to members of the legislature expressing concerns with HB 7. Many of our concerns with the bill were addressed and extracted from the bill. However, the bill leaves a lot of room for interpretation of “private property” and “person’s property” language within the legislation.

The following provisions are in HB 7 as signed by the governor and effective December 1, 2017:

 A city cannot impose a fee for removal of a tree less than 10 inches in diameter on a person’s one or two family residence.  In cases where a city can impose the fee, it must allow the person to apply for and obtain credit against the fee by planting a new tree at least 2 inches in diameter.  A 2-inch tree will qualify for a credit of 40% to 100%, regardless the size of the removed tree; o 100%- if one or two family occupied residence o 50%- if any kind of residential structure not being used as the person’s residence o 40%- nonresidential structure  The statute allows a city authority to determine the fee amount, and the requirements for tree removal from private property. A city can, by ordinance prohibit removal of trees from private property, but cannot enforce it and impose a penalty, except as allowed by this statute.  A city cannot prohibit removal or impose a fee for removal of a “diseased” tree, or one that poses “imminent or immediate threat” to person or property.

The following bills were sent to the governor’s desk but will not impact the City of Houston:

 HB 13 by Representative : Relating to reporting requirements by certain physicians and health care facilities for abortion complications; authorizing a civil penalty.  HB 30 by Representative : Relating to the transfer of certain appropriations to the Texas Education Agency and the Teacher Retirement System of Texas and the adjustment of appropriations for public school finance.  HB 214 by Representative John Smithee: Relating to health plan and health benefit plan coverage for elective abortion.

 HB 215 by Representative Jim Murphy: Relating to reporting and certification requirements by certain physicians regarding certain abortions.  SB 5 by Senator Kelly Hancock: Relating to the prevention of fraud in the conduct of an election; creating a criminal offense; increasing criminal penalties.  SB 11 by Senator Charles Perry: Relating to general procedures and requirements for certain do-not-resuscitate orders; creating a criminal offense.  SB 17 by Senator Lois Kolkhorst: Relating to maternal health and safety, pregnancy- related deaths, and maternal morbidity, including postpartum depression.  SB 20 by Senator Van Taylor: Relating to avoiding the abolishment of certain agencies subject to the Texas Sunset Act.  SB 60 by Senator Van Taylor: Relating to the repeal of certain riders for the Texas Medical Board and the Texas State Board of Examiners of Psychologists from the General Appropriations Act that are contingent upon the approval of certain Acts continuing those agencies during the 85th Regular Session.