HomeMy WebLinkAboutAgenda_Intergovernmental Affairs Subcommittee_06.09.2021Notice of Meeting for the
I ntergov ernmental Affairs Subcommittee
of the City of Georgetown
June 9, 2021 at 2:30 P M
at Virtual
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Page 1 of 45
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Regular Session
(T his R egular S es s ion may, at any time, be rec es s ed to c onvene an Exec utive S es s ion for any purpose
authorized by the O pen Meetings Act, Texas G overnment C ode 551.)
A R oll C all --Mayra C antu, Management Analys t
B C all to O rder --Mayra C antu, Management Analyst
C P resentation and Dis cus s ion R egarding the 87th S ession of the Texas S tate Legis lature - S napper C arr,
F oc used Advocac y
D Adjourn
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2021, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
__________________________________
R obyn Dens more, C ity S ec retary
Page 2 of 45
City of Georgetown, Texas
I ntergovernmental Affairs Subcommittee
June 9, 2021
S UB J E C T:
P res entation and Disc ussion R egarding the 87th S es s ion of the Texas S tate Legislature - S napper C arr,
F ocus ed Advoc acy
IT E M S UMMARY:
During the Intergovernmental R elations S ubcommittee meeting, the C ity of G eorgetown legislative
cons ultants will provide an update on the 87th Texas Legislative S es s ion. T he update will include:
G overnor Abbott’s emergency items
S tate Budget
House/S enate C ommittee Assignments
S ummary of bills filed-to-date that are relevant to the C ity of G eorgetown
F IN AN C IAL IMPAC T:
N/A
S UB MIT T E D B Y:
S hirley R inn on behalf of Bridget Hinze Weber, As s is tant to the C ity Manager
AT TAC H ME N T S:
Description Type
Focus ed Advocacy Presentation Backup Material
Page 3 of 45
CITY OF GEORGETOWN
87TH REGULAR SESSION LEGISLATIVE WRAP UP
Brandon Aghamalian, Snapper Carr, Curtis Seidlits & Andrew Keefer
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LEADERSHIP
Gov. Greg Abbott (R)Lt. Gov. Dan Patrick (R)Comptroller Glenn Hegar (R)
2
Speaker Dade Phelan (R)
Republican Democrat Total
House 83 67 150
Senate 18
(previously 19)
13
(previously 12)31
Page 5 of 45
GEORGETOWN DELEGATION
3
Sen. Charles Schwertner (R)Rep. James Talarico (D)Rep. Terry Wilson (R)
Page 6 of 45
GOVERNOR ABBOTT
EMERGENCY ITEMS
4
Broadband
(HB 5)
Protecting Law
Enforcement Budgets
(SB 23 / HB 1900)
Bail Reform
(SB 21)
Election Integrity
(SB 7)
Liability Protection
from COVID-19
related lawsuits
(SB 6)
ERCOT reform
(SB 2)
Correcting ERCOT
Billing Error
(SB 2142)
Winterization of
Power Generators
(SB 3)
Page 7 of 45
SPEAKER PHELAN
PRIORITY ISSUES
5
BILL #SUBJECT PASSED
HB 1 The State Budget No
HB 2 The State Budget –Supplemental Appropriations Yes
HB 3 Texas Pandemic Response Act No
HB 4 Increasing Access to Telehealth And Telemedicine Yes
HB 5 Establishing Framework for Broadband Internet Expansion Yes
HB 6 Election & Ballot Security No
HB 7 Employer's Unemployment Compensation Tax Rate Yes
HB 8 Request for Law Enforcement Employment Records No
HB 9 Criminal Punishment for Obstructing Highway Yes
HB 10 Reforming Energy Reliability Council of Texas Leadership No
HB 11 Protecting Consumers and Hardening Facilities for Extreme Weather No
HB 12 Alerting Texans During Emergencies No
HB 13 Improving Coordination During Disasters No
HB 14 Weatherizing Natural Gas Infrastructure No
HB 15 Establishing a Brain Institute of Texas No
Page 8 of 45
SPEAKER PHELAN
PRIORITY ISSUES
6
BILL #SUBJECT PASSED
HB 16 Defending Ratepayers Yes
HB 17 Protecting Homeowner Rights Yes
HB 18 Lowering Drug Costs for the Uninsured Yes
HB 19 Procedure, Evidence, and Remedies in Civil Actions Yes
HB 20 Release of Defendants on Bail No
HB 21 Statute of Limitations to Sexual Harassment Complaints Filed with TEC Yes
HB 22 Voter Accommodations No
HB 23 Review of County Departments of Education by the Sunset Advisory Commission No
HB 24 Funding for School Districts to Provide Inclusive and Accessible Playgrounds No
HB 25 Prohibition on the Distribution of an Application form for an Early Voting Ballot No
HB 26 Sales of Weapons during a Disaster No
HB 27 Fee Charged by a Public Institution of Higher Education for the Issuance of Transcript No
HB 28 Social Work Services in Public Schools No
HB 29 Temporary Secure Storage for Weapons at Certain Public Buildings Yes
HB 30 Educational Requirements for Certain Incarcerated Students Yes
Page 9 of 45
LT. GOV. PATRICK
PRIORITY ISSUES
7
BILL #SUBJECT PASSED
SB 1 The State Budget Yes
SB 2 ERCOT Reform Yes
SB 3 Power Grid Stability Yes
SB 4 Star Spangled Banner Protection Act Yes
SB 5 Statewide Broadband Access No
SB 6 Pandemic Liability Protection Act Yes
SB 7 Election & Ballot Security No
SB 8 The Heartbeat Bill Yes
SB 9 Abortion Ban Trigger No
SB 10 Stop Taxpayer Funded Lobbying No
SB 11 Appellate Court Reorganization No
SB 12 Protect Free Speech on Social Media No
SB 13 Oil & Gas Investment Protection Yes
SB 14 Business Freedom and Uniformity Act No
SB 15 Ban Sale of Personal Data from Certain State Agencies Yes
Page 10 of 45
LT. GOV. PATRICK
PRIORITY ISSUES
8
BILL #SUBJECT PASSED
SB 16 Protect State-held Personal Data No
SB 17 Protect Texas Trucking No
SB 18 Protect Second Amendment Businesses No
SB 19 Stop Corporate Gun Boycotts Yes
SB 20 Second Amendment Protections for Travelers Yes
SB 21 Bail Reform No
SB 22 First Responders Pandemic Care Act Yes
SB 23 Stop Local Police Defunding Yes
SB 24 Law Enforcement Transparency Act Yes
SB 25 Family Nursing Home Visitation Rights Yes
SB 26 Protect Our Freedom to Worship No
SB 27 Expanding Virtual Learning Options No
SB 28 Charter School Equity Act No
SB 29 Fair Sports for Women & Girls No
SB 30 Remove Racist Restrictions from Real Estate Deeds Yes
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SPECIAL SESSION(S)
•Redistricting
–Under current federal law, census data was due by the end of
2020
–Due to pandemic delay, the bureau will not deliver data until July
2021
–Expect special sessions on redistricting from September 15th,
2020 –November 15th, 2021
•Federal funds
–Governor committed to allowing lawmakers to determine the
allocation of $16 billion in federal funds for COVID-19 recovery
–Expect a special session on the allocation of federal funds
•Other items to expect on the call:
–Election integrity
–Bail Reform
9
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BUDGET
•Going into session, Comptroller projected $4.6 B budget deficit
•During COVID-19, there was a decline in sales tax revenues and all revenue
across board
•Increase in Medicaid, public schools, unemployment insurance
•In January, Comptroller revised 2020-21 revenue estimate
•General-purpose spending: $113.88 billion
•General Revenue-Related funds: $725 million
•Increased ending balance, combined with upwardly revised projections of
revenue collections for the 2022-23 biennium, resulted in $115.65 billion
available for general-purpose spending in 2022-23, an increase of $3.12
billion from the January BRE
10
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BUDGET
11
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2021 TEXAS LEGISLATURE:
BY THE NUMBERS
12
Year Total Bills
Introduced
Total Bills
Passed
City-Related bills
introduced
City-Related
bills passed
76th-1999 5,813 1,622 1,230+130+
……………
84th-2015 6,476 1,329 1,900+220+
85th-2017 6,800 1,208 2,500+294
86th-2019 7,324 1,429 2,300+338
87th-2021 7,148 1,885 ####
•3,593 Bills/JR’s filed in last 10 business days before filing deadline (50%)
•Over 31%of all bills filed were city related bills, up from 17% from last session
•2,246 Total Bills/JR’s tracked by Focused Advocacy
Page 15 of 45
SB 10:
CITY/COUNTY ADVOCACY BAN
SB 10 (Bettencourt/Paddie)
•applies to ALL political subdivisions (city, county, mobility authority,special
purpose district, etc.)
•bans all political subdivisions from hiring a lobbyist unless certain conditions are
met (legislative agenda, council approval of expenditures, contracts on city
website, etc.)
•prohibits lobbyists from advocating on property tax issues.
•prohibits political subdivisions from reimbursing a lobbyist for meals or
entertainment relating to lobbying legislators
•Any resident of a political subdivision may file a complaint with the TEC for a
violation of the prohibitions and disclosure requirements of SB 10
Bill was killed by procedural action, would have taken effect September 1, 2021
13
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SB 1879:
LOBBY REPORTING
SB 1879 (Bettencourt) –did not pass
•Authorizes a political subdivision to directly or indirectly influence or attempt to
influence the outcome of any legislation only if the lobby contract is authorized by a
majority vote of the governing body in an open meeting (expenditure must be a
stand-alone item on the agenda)
•Required to report lobby contract to the TEC and publish on the political subdivision's
website
•Also required to publish the amount of public money
spent for membership fees and dues of any
nonprofit state association (TML)
14
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HB 3687:
LOBBY REPORTING
HB 3687 (Capriglione) –did not pass
•require a political subdivision to publish on their website the
following information regarding contracts for services executed by
the political subdivision that would require a person to register as a
lobbyist under state law: (a) the execution dates; (b) the contract
duration terms, including any extension options; (c) the effective
dates; (d) the final amount of money the political subdivision paid in
the previous fiscal year; (e) the identity of all parties to the contract;
(f) the identity of all subcontractors in the contract; and (g) the
legislative agenda of the political subdivision;
•In lieu of displaying these items, a political subdivision may post on
the political subdivision’s website the contract for those services
15
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HB 1869:
DEBT
HB 1869 (Burrows/Bettencourt) –passed
•As filed, would modify the definition of “debt” for
purposes of the debt service property tax rate calculation
to only include debt approved at an election
•As finally passed, allows cities to issue COs for the
purposes outlined in the list of "designated
infrastructures"
•The comprehensive exclusions include all the items
cities currently fund with COs except for libraries, city hall,
municipal buildings and municipal annexes.
16
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SB 23:
LAW ENFORCEMENT FUNDING
SB 23 (Huffman/Oliverson) –passed
•requires voter approval to reduce law enforcement budgets in
counties with a population of more than one million
•If voter approval is not received, but the county still defunds the
police, the county's property tax revenue will be frozen
•The bill also would provide a disaster exemption to the election
requirements, provide for complaints to the Office of the Governor's
Criminal Justice Division and investigation by the comptroller, and
limit the ability of noncompliant counties to adopt a new property
tax rate
17
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HB 1900:
LAW ENFORCEMENT FUNDING
HB 1900 (Goldman/Huffman) –passed
•freezes property tax revenues for cities with a population over 250,000 that defund the police
•cities that defund the police will lose their annexation powers for 10 years and any area annexed by a
defunding city in the past 30 years can vote to dis-annex from the city.
•allows the State to withhold sales taxes collected by a defunding city and give it to the Texas Department of
Public Safety to pay for the cost of state resources used to protect residents of a defunded municipality
•“defunding municipality” would be a municipality that adopted a budget for a fiscal year that, in comparison
to the preceding year, reduced the appropriation to the police department and for which the Office of the
Governor's Criminal Justice Division issued a written determination
•A municipality would not be considered a “defunding municipality” if it met the following criteria
•if the percentage of reduction to the police department did not exceed the percentage of reduction to
the total budget
•If municipality applied for and was granted approval from the division for a reduction for capital
expenditures related to law enforcement during the preceding fiscal year, the municipality's response to
a declared state of disaster, or another reason approved by the division
18
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ADDITIONAL
“BACK THE BLUE” LEGISLATION
HB 9 (Klick/Campbell) –passed
•enhances the criminal penalty to a state jail felony offense for anyone who
knowingly blocks an emergency vehicle or obstructs access to a hospital or health
care facility.
HB 2366 (Buckley/Hughes) –passed
•enhances criminal penalties for the use of laser pointers and creates an offense
for the use of fireworks to harm or obstruct the police.
19
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HB 4447:
SHOT CLOCK
HB 4447 (Oliverson) –did not pass
•define "land development application" to mean an application or other
document relating to land development that was required to be approved by
a municipal body or county commissioners court or the court's designee
before the land development could commence.
•would include a title or description used by cities and counties to refer to
those applications or other documents, including, among other terms, "plat"
and "plan." The term would not include:
•an application or other document for which approval by a municipal body
or commissioners' court or designee did not authorize the land
development to commence; or
•a subdivision construction plan, subdivision engineering plan, or similar or
related plan.
20
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SB 1090:
BUILDING MATERIALS
SB 1090 (Bettencourt/Murr) –passed
•Provides for exemption from HB 2439, the building
materials legislation that was passed last session
•exemption relating to Dark Sky Communities and a
specification that the legislation does not affect historical
provisions regarding land use restrictions
•Population carve out for Horseshoe Bay
21
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HB 1556:
CHAPTER 313
HB 1556 (Murphy) –did not pass
•Would extend the expiration date of the Texas Economic
Development Act from December 31, 2022, to December 31,
2032
•Lawmakers had renewed the program three times by wide
margins since its initial passage in 2001
•For the first time since Chapter 313 was created, the Texas
Legislature declined to extend the controversial program
22
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SB 374:
ANNEXATION ACROSS R.O.W.
SB 374 (Seliger/Shine) –passed
•a city annexing an area on request of the owners, an area with less than 200
population by petition, an area with at least 200 population by election, or certain
special districts may also annex with the area:
•the right-of-way of a street, highway, alley or other public way or of a railway line
spur, or roadbed that is contiguous to the city’s boundaries and the area being
annexed
•the right-of-way of a public road or highway connecting the area being annexed to
the city by the most direct route
•a city may only annex a right-of-way if the city:
•provides written notice of the annexation to the owner of the right-of-way not
later than the 61st day before the date of the proposed annexation
•the owner of the right-of-way does not submit a written objection to the city
before the date of the proposed annexation
23
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HB 751:
CLOUD COMPUTING
SB 58 (Zaffirini/Turner) –passed
•add cloud computing services to the definition of the term
“personal property” for purposes of the Public Property
Finance Act
24
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HB 1929:
ETJ AGREEMENTS
HB 1929 (Wilson/Buckingham) –passed
•except in the ETJ of a city with a population of 1.9 million or more, provide
that:
•a city that enters into an ETJ development agreement waives immunity
from suit for the purpose of adjudicating a claim for breach of contract
•actual damages, specific performance, or injunctive relief (but not
consequential or exemplary damages) may be granted in an
adjudication brought against a city for breach of an ETJ development
agreement
25
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PANDEMIC RESPONSE LEGISLATION
HB 3 (Burrows) –did not pass
•would create the Texas Pandemic Response Act to
establish the roles of the governor, state agencies, the
judicial branch and political subdivisions of the state in the
prevention of, preparation for, response to and recovery
from a pandemic disaster.
•Would also create the Pandemic Disaster Legislative
Oversight Committee to oversee pandemic disaster
declarations.
26
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PANDEMIC RESPONSE LEGISLATION
HB 1239 (Sanford) –passed
•Would prohibit a government agency or public official from
issuing an order that closed or had the effect of closing
places of worship in Texas during an emergency declaration.
HB 1500 (Hefner) –passed
•Would specify that the Texas Disaster Act would not
authorize any person to prohibit or restrict the business or
operations of a firearms or ammunition manufacturer,
distributor, wholesaler, supplier, or retailer or a sport
shooting range in connection with a disaster.
27
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APPENDIX:
CITY-RELATED BILLS
Page 31 of 45
HB 652:
ANIMAL SHELTER
HB 652 (Paul) –did not pass
•would require an animal shelter to provide notice to each person
who adopts an animal from the shelter of any epizootic infectious
disease that occurs among the animals in the shelter in a period
just before or after the animal is adopted.
•The notification requirement would place a financial and
administrative burden on city animal shelters
•Passed the House but was never heard in Senate committee
29
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SB 7:
ELECTIONS
SB 7 (Hughes/Cain) –did not pass
•Republicans added language to the conference committee
report that was neither in the House nor Senate version of
the bill.
•On the eve of sine die, democrats walked out and the
House was forced to adjourn because it lacked a quorum
•Omnibus election legislation will be on the call for a future
called special session
30
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HB 1348:
ZONING
HB 1348 (Deshotel) –did not pass
•require a city to consider an open-enrollment charter school a school district
for purposes of zoning, permitting, code compliance, and development,
including land development standards in territory that a city has annexed for
limited purposes
•prohibit a city from enacting or enforcing an ordinance or regulation that
prohibits an open-enrollment charter school from operating at any location or
within a zoning district in the city
•provide that an open-enrollment charter school is not required to pay impact
fees unless the school’s governing body consents to the payment
•provide that an open-enrollment charter school may be exempt from utility
drainage ordinances and regulations, and that any such exemption granted to
a school district before the effective date of the bill automatically extends to
all open-enrollment charter schools located in a city.
31
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HB 1391:
PROPERTY TAX RATE ELECTIONS
HB 1391 (Middleton) –did not pass
•provide that in an election held on a city’s proposed tax rate
that exceeds the voter-approval tax rate or de minimis tax
rate, as applicable, if a majority of the voters reject the
proposed tax rate, the tax rate of the city is reduced to the
lesser of the no-new-revenue tax rate or the voter-approval
tax rate
32
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HB 753:
SOLID WASTE CONTRACTS
HB 753 (Cain) –did not pass
•would prohibit a city from:
•charging a person granted a franchise to provide solid waste
management services in the city franchise fees of more than two
percent of the gross receipts of the franchisee for the sale of
services in the city
•restricting the right of an entity to contract with a person other
than the city, or an exclusive franchisee of the city, for solid waste
management services for commercial, industrial, or multifamily
residential waste
33
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SB 14:
EMPLOYMENT POLICIES
SB 14 (Creighton/King) –did not pass
•prohibit a municipality or county from adopting or enforcing
an ordinance, order, rule, regulation, or policy requiring any
terms of employment that exceeded or conflicted with
federal or state law relating to any form of employment
leave, hiring practices, employment benefits, scheduling
practices, or other terms of employment.
•Any provision of an ordinance, order, rule, regulation, or
policy that violated this bill would be void and
unenforceable.
34
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HB 610:
STATE LICENSE HOLDERS
HB 610 (Swanson) –did not pass
•would authorize a person who, or entity that, holds a state license in
order to practice the individual’s occupation or conduct the entity’s
business to bring legal action against a city to enjoin the enforcement
of a local law that:
•establishes requirements for, imposes restrictions on, or otherwise
regulates the occupation or business activity of the license holder in
a manner that is more stringent than the requirements, restrictions,
and regulations imposed on the license holder under state law
•results in an adverse economic impact on the license holder
35
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HB 754:
REGULATION OF RENTAL PROPERTY
HB 754 (Cain) –did not pass
•preempt a municipality from adopting or enforcing an ordinance
that requires a landlord of a multi-unit complex to:
•obtain a rental license to rent a dwelling
•pay a change of address fee for the change of the landlord's
address
•pay annual inspection fees totaling more than certain amounts
depending on the number of dwelling units
36
Page 39 of 45
HB 2092:
PARTISAN CITY ELECTIONS
HB 2092 (Sanford) –did not pass
•would provide that a candidate must declare a party
affiliation to run for a city office
37
Page 40 of 45
HB 4121:
LAND DEVELOPMENT APPLICATIONS
HB 4121 (Guillen) –did not pass
•require a political subdivision to approve, approve with conditions, or
disapprove a land development application within 30 days after the
date the land development application is filed
•define “land development application” broadly to include an
application for a subdivision development plan, subdivision
development, construction of subdivision improvements, site plan
development, development of on-site or off-site improvements, and
any endeavor over which a regulatory agency exerts its jurisdiction and
for which one or more permits are required to initiate, continue, or
complete the endeavor
•provide various circumstances in which a court could award a person
court costs and attorney’s fees against a city and a city officer
38
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HB 664:
LOCAL DEBT ELECTIONS
HB 664 (Landgraf) –did not pass
•an election for the issuance of bonds or other debt shall be
held on the November uniform election date
39
Page 42 of 45
HB 3909 (Harris) –did not pass
•if an individual is required to possess an occupational license
issued by a state licensing authority to engage in
an occupation, a political subdivision may not adopt or
enforce any ordinance, order, rule, regulation, law, or policy
that requires the individual to: (a) possess an occupational
license issued by the political subdivision to engage in that
occupation; or (b) meet any other requirement or
precondition to engage in that occupation
HB 3909:
MUNICIPAL PREEMPTION
40
Page 43 of 45
HB 1878:
VACANT RESIDENTIAL BUILDING
HB 1878 (Gates) –did not pass
•prohibit a city or county from adopting or enforcing an order, ordinance, or other
regulation that requires an owner of a vacant residential building to obtain a permit to
conduct repairs to the building if the repairs are necessary to: (a) protect public safety; or
(b) prevent further damage to the building
•prohibit the governor to exempt a county or municipality from this prohibition by an
executive order issued under the Texas Disaster Act
•provide that an owner of a vacant residential building who is required to obtain a permit in
violation of this prohibition may: (a) bring an action against the county or municipality that
violated state law for damages incurred due to the violation; and (b) recover reasonable
attorney's fees and litigation costs if the owner prevails in the action
•waives governmental immunity of the city or county to suit and from liability to the extent
of liability created by this prohibition.
41
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THANK YOU
QUESTIONS?
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