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Item 4C - Staff Report M E M O R A N D U M October 7, 2024 To: Mayor & City Council From: Alison Ortowski, City Manager Subject: Item 4C: Resolution No. 24-036, Adopting a Statement of Legislative Priorities for the 89th Texas Legislative Session Action Requested: Approve Resolution No. 24-036, Adopting a Statement of Legislative Priorities for the 89th Texas Legislative Session. Background Information: Every two years the Texas Legislature meets in regular session and each session numerous bills are filed that affect municipal operations. In alignment with home rule doctrine and its City Charter, the City of Southlake regularly adopts a legislative agenda guiding interaction with the Legislature to ensure that local governments continue to have the ability to oversee municipal policies that serve its citizenry. The City has developed the attached Statement of Legislative Priorities for consideration by the City Council. As a general policy, the City of Southlake seeks to preserve its current authority to govern the City, its citizens, and its property in accordance with its strategic goals and interests. The City will oppose any legislation viewed as detrimental to the City’s strategic goals; or that is contrary to the health, safety, and welfare of its citizens; or that mandates or results in increased costs or loss of revenues; or that would diminish the fundamental authority of the City and the City Council that has been elected to govern. The City supports any legislation viewed as advancing the City’s strategic goals and interests; or that improves the health, safety, and welfare of its citizens; or that responsibly increases revenues; or that advances the City’s authority to conduct the public's business. The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a negative impact on municipal operations, including but not limited to legislation that would: Agenda Item No. 4C Honorable Mayor and City Council City Statement of Legislative Priorities Page 2 of 5 • Erode or undermine principles of home rule authority; • Apply one size fits all solutions to complex local policy issues; • Further restrict cities’ ability to manage land uses or adopt or amend zoning regulations • Detrimentally affect the City’s financial position by reducing revenue streams or increasing costs through unfunded mandates; • Erode the authority of Texas cities to manage and control their rights-of-way or other public property and to be reasonably compensated for such use; • Erode current municipal economic development authority; • Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; • Erode municipal eminent domain authority; and • Any legislative requirement requiring the City to generate revenues for the State; • Otherwise restrict local government decision-making, as noted in the attached Statement of Legislative Priorities. The City may form strategic partnerships with cities, political subdivisions, and private sector entities that share common goals with the City of Southlake. The formation of strategic partnerships and coordinated efforts is intended to provide the City with a stronger presence in the legislative process. The Statement of Legislative Priorities is attached as Exhibit A to Resolution No. 24-036. Financial Considerations: It may be necessary for both the staff and members of the City Council to travel to Austin during the legislative session. Sufficient funds have been budgeted in the FY 2025 budget to cover these expenses. Honorable Mayor and City Council City Statement of Legislative Priorities Page 3 of 5 Citizen Input/ Board Review: N/A Legal Review: The City Attorney has reviewed Resolution No. 24-036. Alternatives: The City Council could choose to proceed without formal legislative positions and rely on the staff to bring individual issues before the Council for action. Supporting Documents: Resolution 24-036 City of Southlake’s proposed Statement of Legislative Priorities Staff Recommendation: Passage of Resolution No. 24-036 adopting the City of Southlake’s Statement of Legislative Priorities. RESOLUTION NO. 24-036 A RESOULTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ADOPTING A LEGISLATIVE AGENADA FOR THE 89TH TEXAS LEGISLATIVE REGULAR SESSION. WHEREAS, Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter election on April 4, 1987; and, WHEREAS, the City Council recognizes the need for the City to preserve its current authority to govern its citizens, budget and property; and, WHEREAS, the Texas Legislature has in the past adopted legislation that has impacted the City’s ability to govern its citizens, budget and property; and, WHEREAS, the City Council recognizes the importance of the City being fully involved in the legislative process; and, WHEREAS, the City Council had deemed that the recommended legislative agenda reflects the strategic goals and interests of the City, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council incorporates said findings into the body of this resolution as if copied in its entirety. Section 2. Exhibit A is hereby adopted as the Statement of Legislative Priorities for the City of Southlake, Texas for the 89th Regular Legislative Session. Section 3. The different elements, issues or priorities, as adopted, and as amended from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the resolution and minute order of the Council so adopting or approving same. Section 4. This resolution shall become effective on the date of approval by the City Council. PASSED AND APPROVED ON THIS 15TH DAY OF OCTOBER, 2024. CITY OF SOUTHLAKE By: _____________________ Shawn McCaskill, Mayor ATTEST: ______________________ Amy Shelley, City Secretary EXHIBIT “A” STATEMENT OF LEGISLATIVE PRIORITIES MUNICIPAL POWERS FINANCIAL AUTHORITY LAND USE REGULATION ECONOMIC DEVELOPMENT & TOURISM RIGHTS-OF-WAY AND UTILITIES PUBLIC SAFETY 2025STATEMENT OF LEGISLATIVE PRIORITIES 89TH TEXAS LEGISLATIVE SESSION The City of Southlake supports legislation that advances the principles of local control, allowing local elected officials to make decisions and advocate positions that are beneficial to the interest of City residents or that is otherwise beneficial to the City’s interests. The City of Southlake opposes legislation that preempts or erodes the authority of city government or is detrimental to the City’s ability to govern locally. The City of Southlake supports legislation that provides flexibility to the local governing body to determine the best method of raising necessary revenue and funding municipal operations, including the use of technology for efficient service delivery. The City of Southlake opposes legislation that restricts the ability of municipalities to manage local budgets and make financial decisions, including limitations on revenue generation, use of debt, and requirements for onerous public notifications that do not improve local financial transparency. The City of Southlake supports legislation that preserves local land use, zoning, and development regulatory authority. The City of Southlake opposes legislation that would diminish the City’s authority to regulate growth and development through land use and zoning regulations, building codes, comprehensive planning, or eminent domain, or that would erode the City’s authority to assess inspection fees for new, existing, or re-development projects. The City of Southlake supports legislation that allows municipalities to invest in development and tourism projects to benefit the local economy. The City of Southlake opposes legislation that would restrict current municipal economic development tools or restrict the use of Hotel Occupancy Tax funding for tourism programs. The City of Southlake supports legislation that would improve the City’s authority to manage and control public rights-of-way and publicly owned land or solidify the City’s ability to receive fair market compensation for using public rights-of-way. The City of Southlake opposes legislation that seeks to limit the authority of cities to utilize rights-of-ways and publicly controlled property for public purposes deemed necessary by the municipality or to otherwise manage rights-of-way usage otherwise as deemed necessary by local governing bodies. The City of Southlake supports legislation that strengthens the ability of a municipality to develop and implement public safety programs, operational structures, employment processes, and technology to manage the public’s safety effectively. The City of Southlake opposes legislation or rules that would restrict a municipality from making locally appropriate decisions to protect the public’s safety, the safety of first responders, and a municipality’s ability to make decisions related to public safety programs, operational structures, and technology.