Funds available to qualified homeowners for repair, rehabilitation and reconstruction.

Note: This information came mainly from three presentations by Stephanie Phillips (OHP), Jenifer Buxton (NHSD), and Chris Larzaro (CCDO) to Tier One Neighborhood Coalition members on July 20, 2019

The funds below are limited and qualified residents should apply immediately. Please keep checking the Neighborhood and Housing Services Department (NHSD) for updates. For more information contact: Jennifer Buxton, 210-207-6459, jennifer.buxton@sanantonio.gov

Fee Waiver Program (previously known as CRIP) offers:

Owner Occupied Rehabilitation

Participants in home repair/rehab through NHSD or non-profit organizations will qualify for 

  • Up to 100% waiver of City and SAWS fees 
  • An exemption from $100 application fee. 

Historic Rehabilitation (applies to NCDs)

  • Owners of residential and commercial structures eligible to be designated as historic may receive waivers for 100% of City fees and 100% of SAWs fees, $150,000 maximum per project.
  • Projects must be eligible for historic designation 
  • Requires a review by Office of Historic Preservation, regardless of designation. 

Note: These funds are now available to residents in all council districts. 

Owner Occupied Repair and Reconstruction (OOR)

Owner-Occupied Rehabilitation is still accepting applications for districts 8, 9, and 10 for this fiscal year. Staff will start accepting applications on August 12 for the new fiscal year from all districts, and the application period will end on September 13th. The lottery will be held October 1st.this program assists qualified households with substantial rehabilitation or reconstruction

  • Available city wide with applied equity metrics 
  • Loans are deferred, forgivable and 0% interest
  • 10-20 year restrictive covenant
  • Up to $80k for rehab and up to $100k for recon 
  • Households must be below 80% AMI

Under One Roof (U1R)

Replaces worn roofs with an energy efficient white roof. It has the following stipulations: 

  • The roof surface must be less than 1700 sq. ft. 
  • The current roof must be at least 10 years old
  • Available city wide with applied equity metrics
  • 5-year restrictive covenant
  • Forgivable grant up to $14k
  • Households must be below 80% AMI OR 62 years or older OR disabled OR veteran 

Minor Repair Program

Minor Repair is still to be decided by the City Manager’s office and Council.  NHSD has requested at least $275,000 in their budget for this upcoming fiscal year. They should know by September if this has been approved and for how much. 

Lead Hazard Reduction & Healthy Homes

  • Assists homeowners and landlords create healthy, safe and sustainable homes
  • Available city wide
  • Addresses lead hazards and minor safety issues
  • 5-year restrictive covenant
  • Must have child at least 1 yr and up to and including 5 yrs old – in home at least 6 hrs week
  • Approximately $35k per unit
  • Households must be below 80% AMI, no back taxes, clear title, no liens or judgments

Let’s Paint

  • Available in Districts 4 and 5 only 
  • 283 apps received 
  • Exterior paint
  • Less than 1500 sq. ft.
  • No restrictive covenant
  • Grant up to $7,000
  • Households must be below 80% AMI

Historic Westside Residents Association’s (HWRA) letter to Mayor Nirenberg re Alazan Lofts

Note: This issue centers around early meaningful public input, compliance with community plan, and design (intensity), not density and affordability.

Read: – —Maria Anglin’s column, “Gentrification Fears are Very Real” about the Alazan project. -The SA Heron’s article on development and gentrification on the Westside and “SAHA board gives nod to build St. Mary’s Tower with Dallas developer JMJ” which explains the Alazan project and SAHA’s partnership with market rate developers

Dear Mayor Nirenberg,

Please be advised that on Monday, July 29, 2019, the Historic Westside Resident Association met with representatives from the NRP Group, San Antonio Housing Authority, Brown and Ortiz Associates, and District 5 to discuss the Alazan Loft development.

The following neighborhood associations were in attendance as well: Westside Preservation Alliance, Tier One Neighborhood Coalition, Westside Neighborhood Association Coalition and the Esperanza Peace & Justice Center. The purpose of this meeting was to discuss the proposed site plan for Alazan Loft. We want to make clear that the Historic Westside Resident Association supports the development of affordable housing in our historic Westside community. However, the proposed site plan submitted by the NRP Group does not meet with the Guadalupe Westside Community Plan requirements.

  • The Alazan Loft site plan must be revised to meet the guidelines of the Guadalupe Westside Community Plan.
  • All buildings on all lots should be a maximum of two (2) stories with 20’ setbacks from sidewalks to adhere to the Guadalupe Westside Community Plan and neighborhood character.
  • Reduce parking spaces to accommodate the revised site plan for two -story structures.
  • Add heat sinks such as landscape islands on parking lots.
  • Introduce green space which would include buffer landscape and street scape to adhere to the neighborhood character.
  • Elevation drawings (black and white) for the two story structures for the revised site plan.

The following issues were presented, discussed and requested from the development side:

We are also very concerned about our neighborhood residents being uprooted and displaced during and after this major construction process.

Please note that SAHA spokesman, Michael Reyes, expressed in the Rivard Report (July 26, 2019) the importance of gathering “feedback from all neighborhood associations and community leaders to make sure we are building something that reflects the neighborhood”.

Of major concern is the fact that our Historic Westside Resident Association and the organizations listed were informed of only two, not 17, community meetings sponsored by SAHA and the NRP Group. These two meetings in 1st Quarter 2019 offered the associations very limited time for community engagement.

There were no additional notifications or discussions until the Historic Westside Resident Association was informed on July 8, 2019 via U.S. mail of the Zoning Commission hearing scheduled for July 16th, 2019. The hearing was for the NRP Group request in zoning change from MF-33 to IDZ 3.

In summary, we have requested that the NRP Group submit a revised site plan to meet the above listed points under IDZ-3 with conditions. We will meet again on Friday, August 2, 2019, at 4:00pm with the goal of receiving a revised site plan that adheres to the Guadalupe Westside Community Plan and reflective of the character of the neighborhood.  We hope for an agreed upon revised site plan before City Council review on August 22, 2019.

Mayor Nirenberg, as you review the needs of the residents of the Westside neighborhoods, please remember your commitment to the Housing Policy Task Force as well as the protection of our historic San Antonio neighborhoods.

Respectfully Submitted,

Amelia Valdez

Chairperson of Historic Westside Resident Association

The Removing Barriers for Affordable Housing (RBAH) Task Force Notes and Information

The Removing Code Related Barriers for Affordable Housing Committee (RBAH)

What it is: This task force will look at the recommendations made by the Mayor’s Housing Task Force and will will focus on minimum lot size, building setbacks, street construction standards, utilities, storm water management, parks and open space requirements, and tree preservation among other recommendations and ideas. One of the important recommendations is how to build accessory dwelling units (ADUs) less expensively and more easily to help homeowners meet the rising costs of taxes, utilities, etc. and to provide affordable housing to seniors, students, and others. Read: A recent study, “Opportunity at Risk: San Antonio’s Older Affordable Housing Stock,” prepared for the San Antonio Office of Historic Preservation (OHP) by PlaceEconomics (2019) and

Note: Subcommittees have finished their recommendations and they will be reviewed by the entire task force on Friday, February 28th from 10 a.m. – noon. View the full recommendations here

T1NC Contact: Cynthia Spielman

CoSA Department: Neighborhood and Housing Services Department (NHSD) – Kristen Flores

Notes, minutes, recommendations are on RBAH page of NHSD

Subcommittee Meetings held at NHSD at 1400 S. Flores –

Focus Group Meetings TBA

Removing Barriers Updated 2020 Timeline and Meetings

EventDate & TimeLocation
Full Removing Barriers MeetingFriday, February 28th from 10 am – noon NHSD, Conference Room A 
Public Engagement Early MarchTBD
Final Removing Barriers MeetingTBA March NHSD, Conference Room A
Final Public EngagementEarly AprilTBD
Planning & Land Development Council CommitteeMonday, April 13thfrom 2 pm – 4 pm Municipal Plaza B Room
Housing CommissionWednesday, April 22ndfrom 4 pm – 6 pm TBD
Submit Amendments to Development Services April 30 by 4:30 pm Development Services

My City is My Home Comments on Problems with Affordable Housing Funding

These remarks were presented before the Removing Barriers to Affordable Housing (RBAH) Committee meeting on June 21, 2019.

By Rich Acosta

As a non-profit trying to fill in a void, I was hopeful when the San Antonio Fee Wavier Program was passed, but only recently found out that it was used up almost immediately after it was released. So, we will not be able to get any support from the city. Later this year, we will be building single family homes for $100,000 or less for 60% AMI displaced homeowners (homeowners that can’t afford their homes because of property taxes and needed repairs). Without any support from the city, before we break ground, it will cost us roughly $11k – $21k in permits and fees.

~ $7k SAWS fees ~ $2.5 Zoning fees ~ $1k Permits fees ~ $10k if we need to replot 

According to SanAntonio.gov, CCHIP and Fee waivers that were paid out, created 6,819 units.

71% went to producing market rate units – $18.8M in fee waived and $4.2M in loans 

5% went to units at 80% AMI – $10M in fees waived and $1.5M in loans 

13% went to units at 60% AMI – $6M in fees waived and $726K in loans

2% went to units at 30% AMI – $2M in fees waived and no loans

7% went to units at student units – $1.6M in fees waived and $1.1M in loans

It is unfortunate that most of the fee waiver program, that was thought to be used to increase units produced for low income residents, instead went to market rate housing.

            What I am suggesting to this UDC committee is language that differs from non-profit development and for-profit development. When looking at covenants, adjustments, less restraints and more restraints, remember that not all development is for profit, but truly is for the benefit of the community. 

            As for covenants, consider homeownership vs rentals. When putting these covenants on development for homeownership, though the point may be to allow more low-income residents to become homeowners, know that it is through the sale of a home that can increase the wealth of a low-income person and bring them out of poverty. Restricting what someone can make in a sale of a home, could be making them a glorified renter and still not allow them to move up from the home that they needed the support to obtain to begin with. Perhaps ensuring the city funds that were used are paid back upon sale and have a regressive lien that is incrementally forgiven every few years until completely forgiven. If no other tool other than covenants can be used, know that the average time a homeowner lives in a home is 8-10 years.

My City Is My Home aims to educate and support homeowners and renters to increase their housing choices, please in your work, don’t increase their choices only to later restrict them from obtaining higher opportunities. 

Rich Acosta  is the President of My City is My Home

Public Participation and the Congress for New Urbanism (CNU) Conference: What I Learned

Shorter version published in NOWCASTSA.com

We sat in our first session, a form-based code “boot camp” in anticipation and some trepidation.  When we were to introduce ourselves to a roomful of developers, land use attorneys, elected officials, planning staff, and consultants, I whispered to my seat partner, “Don’t tell them we are neighborhood and housing advocates.” I suddenly felt like we were strangers in a strange land. As one of the few community advocates attending Congress of New Urbanism, we were. 

New Urbanism “is a planning and development approach based on the principles of how cities and towns had been built for the last several centuries: walkable blocks and streets, housing and shopping in close proximity, and accessible public spaces. In other words: New Urbanism focuses on human-scaled urban design…” It promotes ideas such as sustainability, transportation, walkability, density, mixed housing.  As its founder, Andres Duany states: “The sum of human happiness increases because of New Urbanism”

Beneath the surface of idealism are complexities and problems that must be addressed. In its implementation, New Urbanist ideals are often played out as development deals. What can result is a commodification of our neighborhoods in which development is valued over community. Its aims may be noble, but the reality, unless there is thoughtful intervention, is that New Urbanist development ideas can cause displacement of community and destruction of neighborhoods. The worst cases are the promotion of market rate development couched in social justice language such as the case with the “density at all costs” proponents. If you have roots or live in the Eastside or Westside of San Antonio, you will recognize the concept: destruction of our history, our communities, and our neighborhoods all for the sake of the “public, greater good” which translates into real estate transactions and seldom fulfills its promise.  

We need a way to intervene so that our neighborhoods are nurtured while they change to meet the challenges of the future and that intervention is through the people who live in our neighborhoods. 

It was with this in this in mind, that several neighborhood advocates attended the 27th Congress of New Urbanism conference in Louisville in June. It is an influential conference that hosts city staff and developers from all over the country. New Urbanist principles drive city planning policies. We paid for our travel, food, and lodging, as well as some of the workshops at considerable personal expense although we were fortunate to receive a scholarship for most of the classes (thanks to letters written by Mayor Nirenberg and Erika Ragsdale formally of NHSD) so that we could better understand New Urbanist ideas, most specifically, form-based codes. We felt like this was an opportunity to listen and learn, and I did learn a great deal. We brought back  useful tools and good ideas to share with community. We cannot move forward, however, until our biggest impediment is addressed: The lack of respect towards community and citizen concerns. 

What I found at the conference is that our voices were not welcomed. 

This was clear from that first form-based boot camp, when the presenter asked participants to raise their hands if they were city planners, consultants, land use attorneys, or developers. It did not occur to her that there would be community advocates present. That overlook would not be important in itself except that it embodied an attitude we encountered repeatedly. 

During the conference, in the workshops I attended (which were mostly on zoning and codes, as well as on equity, housing, and public participation), there was a common thread of hostility towards the public. We were the ones that “killed” their plans, their attempt to “build places people love.” Repeatedly I heard stories of how a project was doing great only to be blocked at the last minute by the public or an elected official “bowing” to public pressure. There were those who admitted that they hadn’t done enough effective public engagement and seemed sincere in their wanting to do a better job. Others barely contained their disgust for the public process. 

I heard the public likened to members of the Flat Earth Society, or as the “usual suspect”: bored, alienated, privileged people who are against everything without reason. We were described as ignorant, misinformed busy-bodies who don’t care about the facts, who fear anything new, who don’t know what they want, and don’t represent anyone. This attitude of disrespect seem pervasive in the sessions I attended.

“Positive” remarks about public participation and engagement by many of the speakers were usually patronizing: they would “educate” us, they would help us understand what is good for us. When I suggested the possibility of being educated by us, there was silence.

Most grievous, were ways we heard how city governments and consultants could manipulate or cut us out of the process altogether. It was suggested at one session that politicians find the “courage” to vote for contentious changes by hiring a consultant and allowing the consultant to take the political heat. We were told that city governments should be built for the future unimpeded by those residents who live in them now whatever the consequences. I thought it odd that he thought of city government as something separate from the people it represents. 

The most insidious plans came from a presenter who had worked on codes in South Bend, Indiana who described his process.  His slide read: “First Rule of Zoning Reform: Fight Club.”

 “What happens in Fight Club,” he stated, “stays in Fight Club.” He explained how planners should avoid talking to the public about projects. He cited an example of a change in which the city government created a dense and difficult-to-decipher ordinance which was brought in to the dais quietly, using a low monotone to announce it (he actually modeled the voice) and took a vote quickly. “Nothing to see here” he announced to the audience with a laugh.  He explained his “quick fix” method, advocating that cities tell the public that every change they make is a quick fix, no big deal, and by the time there is profound change, “the public won’t know what hit them,” he said. His slide which actually outlined the process read: 

Initial Steps: Framed as

  • “Quick Fixes”
  • Make Technical Changes in Small Increments
  • Nothing to See Here.

We sat shocked at the unethical disregard for transparency and public discourse, so elemental to good government and the democratic process. As I looked around, however, people were nodding and smiling, taking notes. 

There were also brighter moments: 

The next speaker at this particular session, a city planner from Michigan, stood up at the podium and said quietly, “Fight Club would never fly in Kalamazoo” and went on to describe how engagement takes time and how they are struggling. She showed a willingness to try. What struck me was that many of the speakers who were sincere, did not know how to engage. There were workshops on charrettes and bureaucratic processes (run by consultants mostly), but not how to actually partner with community. 

We heard challenges and questions:  One elected official questioned the notion of unbridled market-rate development as a means of generating affordable housing and pointed out the rise of land values and the real possibility of displacement. Her question was dismissed with a shrug of the shoulders and the stock comment about now the displaced will be richer because their house will be worth more. She just shook her head. We connected afterwards and spoke about our cities and communities sharing our concerns. 

What was rarely acknowledged were the concerns of residents (particularly those from marginalized neighborhoods or those vulnerable communities of color), those who see the effects of policies on a micro level and who want to prevent the “unintended consequences” and “collateral effects” of seemingly good intentions.  We see how good policy is exploited for short term profit. It takes three years, we were told recently by a land use attorney, to get around any ordinances that stand in the way of developers. It is in this winner take all climate that we are forced to fight exploitation instead of the more useful process of working together to find solutions help our communities as we face future challenges. 

Can you imagine if it were different? What would it look like to live in a city in which decisions about our neighborhoods and community were made by a partnership of community and our government when we are directly affected? A city in which the implementation stage of good policy would not be corrupted by monied interests?  Can you imagine the opportunities to confront the economic divide, the inequities caused by displacement and lack of affordable housing? As it stands, the City seems to operate on the notion that if change can’t be implemented by for –profit developers, then it has no merit. This approach is killing our communities and neighborhoods, making the problems of economic segregation more severe and severely eroding public trust in their city departments and elected officials. 

Much of what I describe above would be bad enough on its own, but what hit home, is that advocates have felt the use of these attitudes and tactics in San Antonio. There are bridges being built between neighborhoods and city staff and the inclusion in technical working groups, task forces, and committees has moved us forward. We have the newly adopted Public Participation Principles, but these principles are only a start as we strive to move towards transparency and trust. Already we have felt resistance to meaningful implementation. 

 The truth is we cannot solve problems and protect vulnerable communities without a partnership with CoSA. Neighborhoods, social justice, and environmental groups simply cannot do it without cooperation with our city, county, and state governments. On the other hand, the City will continue to face mounting resistance if they do not include us in the decision-making process. Elected officials have already felt a backlash from voters as we make neighborhood issues, voting issues. We are seeing more inclusion of neighborhood residents in the process, but we still have a ways to go. How do we better understand the role of the development in making our city a better place to live, not only for tourists, or for those moving or are born here in the future, but for those of us that have invested our lives in this city and are contributing to it, sustaining it, and living here now? Creating and preserving sustainable, affordable, compatible, and attainable housing and an equitable city now insures a better city for future residents.

UDC Committees – What you need to know

Updated as needed.

Unified Development Codes (UDC) Changes Happening Now 

The UDC changes are happening now and it is important for neighborhoods to be involved. There are neighborhood leaders sitting on those committees, but we all need to be attending and supporting those leaders with input and help.
Several committees and technical working groups (TWG) are meeting now:

The Removing Code Related Barriers for Affordable Housing Committee (RBAH)

What it is: This committee will look at the recommendations made by the Mayor’s Housing Task Force and will will focus on minimum lot size, building setbacks, street construction standards, utilities, storm water management, parks and open space requirements, and tree preservation among other recommendations and idea

Why it is important: The kind of “by right” incentives for mixed-unit projects may be controversial. There is an effort to focus on non-profit affordable housing producers instead of giving more incentives to pro-profit developers for market rate housing. Read Rich Acosta’s (My City is My Home) remarks at the first meeting about the problems non-profit developers of affordable housing face.

Meetings: Meetings will be the second Monday of the month until December at 11:30 p.m. at One Stop (1901 S. Alamo) Board Room. RBAH meetings will be suspended while the subcommittees meet (see below).

Next Meeting: The task force has been divided into subcommittees: Accessory Dwelling Units (ADUs), Public Outreach, and Regulatory Cost Burdens. The regular task force will not meet for a while to give time for the committees to complete their work.

T1NC Contact: Cynthia Spielman

Other: Meeting minutes and information

CoSA Department: Neighborhood and Housing Services Department (NHSD) – Kristen Flores

Subcommittee Meetings held at NHSD at 1400 S. Flores

 Removing Barriers to Affordable Housing Public Engagement & Outreach 
• Wednesday, October 30th from 1:00 pm – 2:00 pm  • Wednesday, November 20th from 1:00 pm – 2:00 pm  • Wednesday, December 11th from 1:00 pm – 2:00 pm 
Accessory Dwelling Units 
• Friday, November 1st from 10 am – 11:30 am  • Friday, November 22nd from 10 am – 11:30 am  • Friday, December 13th from 10 am – 11:30 am 
Regulatory Cost Burden 
• Wednesday, November 6th from 2 pm – 3 pm  • Tuesday, November 26th from 2 pm – 3 pm  • Wednesday, December 18th from 2 pm – 3 pm 

The UDC Task Force – Historic/OHP/HDRC

What it is: The Historic UDC Task Force is working on UDC for historic districts and the process for designation. Read update from Monica Savino.

Why is important: This task force is not only important for historic districts: Design codes could be the model for any form-based codes that they City may consider in the future for compatible infill. Meetings will take place every two weeks from 3 – 5 p.m. on Thursdays from July 11 to September 12, 2019 at One Stop (1901 S. Alamo).

Next Meeting: This committee has adjourned. Its recommendations will presented in other committees and boards. Schedule TBA

T1NC Contact:  Tony Garcia or Monica Savino

CoSA Department: Office of Historic Preservation (OHP)

MF-33/RM-4 Committee

What it is: MF/RM Committee is working through issues about those lots zoned MF-33/RM-4 in our neighborhoods.  This committee is a result of a CCR by D1 Councilman Trevino. Read MF/RM Task Force Issues and MF/RM Task Force Update

They are also working on, at his request, Denver’s ordinance restricting or banning “slot homes” condos or apartments crowded into a lot that face one another which have been the model for developers in the downtown neighborhoods. There has been an effort to include a representative from the Westside and Denver Heights because they will be directly affected but DSD has denied the requests for inclusion.

Why it is important: Cosima Colvin explains how important this issue is on Tier One Neighborhood Coalition Face Book page:   “Several of the T1NC Neighborhoods are on the Task Force and have worked with other T1NC members on an ad hoc committee to develop language that will address the concerns that many of our neighborhoods have regarding these two zoning categories and how to balance developers’ “by right” development choices with neighborhood preservation. We strongly urge neighborhoods to check DSD’s Zoning Map webpage to see where you may have RM4 and/or MF33 Zoning in your neighborhoods and understand what those zoning districts/categories will allow. More info is available here: https://www.sanantonio.gov/DSD/Resources/Codes#233873531-rm-4–mf-33-ccr

So far neighborhood representatives are facing stiff opposition from the development community on the committee and need support. See Mary Johnson’s (Committee member and President of Monte Vista Terrace) interview here .

Next Meeting: This committee has adjourned. Recommendations will be reviewed by PCTAC on Monday, October 21st at 9 a.m. at Board Room at Development Services, 1901 S Alamo St.

T1NC Contact: Mary Johnson

CoSA Department: Development Services Department (DSD) – Catherine Hernandez

T1NC Final Legislative Update

by Jordan Ghawi Twitter: @JordanGhawi

After nearly five months, the 86th Legislature has come to an end. A total of 7,324 bills were introduced in both the House and Senate with 1,429 of those heading to the Governor’s desk for action (19.5% passage). 


HB2439 (Building Materials Bill)

Update: The San Antonio Development Services Department (DSD) is issuing a Rule Interpretation Decision (RID) that says NCDs designated by the city prior to April 1, 2019 are protected from the new rules in the building materials bill.  Full Bill

Recap: Originally filed, this bill was of great concern as it could have killed NCDs and other districts.  This was not the author’s intent and the bill was amended to exclude such designations. Historic districts and some NCD districts are excluded for now.

Bill text: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB02439F.pdf#navpanes=0

Senate vote: 26 Yeas, 5 Nays

House vote: 133 Yeas, 9 Nays, 1 PNV

Recap: Originally filed, this bill was of great concern as it could have killed NCDs and other districts.  This was not the author’s intent and the bill was amended to exclude such designations. 

Bill text: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB02439F.pdf#navpanes=0

Senate vote: 26 Yeas, 5 Nays

House vote: 133 Yeas, 9 Nays, 1 PNV

HB3432 (Partisan Municipal Elections) Status: Dead – Expect this to be filed again in the 87th Legislature 

Bill text: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB03432I.pdf#navpanes=0

Recap: Bill would require candidates for municipal office to declare party affiliation.  Party affiliation would also be required to appear on the ballot next to the candidate’s name. 

HB2496 (Municipal Historic Designation) 

Status: Signed into law with immediate effect

Recap: Initially filed, a municipality would not be able to designate a property as a historic landmark without homeowner’s consent. T1NC and others contacted the bill’s authors and committee members to

voice opposition to this bill.  Enrolled version of the bill allows a municipality to designate a property as historic with homeowner’s consent or three-fourths vote of the governing body of the municipality and the zoning, planning, or historical commissions of the municipality. This closely mirrors the City’s process with exception of zoning and historic, which currently requires a simple majority (51%). 

Bill text: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB02496F.pdf#navpanes=0

Senate vote: 25 Yeas (Flores), 6 Nays (Menéndez)

House vote: 124 Yeas (Alison, Gervin-Hawkins, Larson, Pacheco, Lopez, Cortez, Martinez-Fischer), 11 Nays (Bernal, Minjarez), 3 PNV

HB3778 (Short-term Rentals)

Status: Dead – Expect this to be filed again in the 87th Legislature

Recap: Would restrict the authority of municipalities to regulate short-term rental units and would cap the allowable fee for registration of these units at the lesser of the amount needed to cover administrative costs or $450

Bill text: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB03778I.pdf#navpanes=0

HB2730 (Anti-SLAPP)  

Status: Awaiting action from Governor

Recap: The original bill stripped away many of the important aspects of the Texas Citizens Protection Act (TCPA). After substantial opposition from first amendment organizations, the bill was amended favorably.  The only outstanding question on this bill is whether or not TCPA defendants are able to have their legal fees covered through pro-bono representation or a contingent-fee counsel. 

Bill text: https://capitol.texas.gov/tlodocs/86R/billtext/pdf/HB02730F.pdf#navpanes=0

Senate vote: 31 Yeas, 0 Nays

House vote: 143 Yeas, 1 Nays, 2 PNV

T1NC plans to expand our legislative presence for the 87th Legislature to ensure that neighborhoods continue to be protected, empowered, and heard.  

I look forward to working with you all more in-depth to accomplish these goals. 

T1NC Letter to State Lege re HB2162 (Anti SLAPP “Reform.” )

Note: The second reading of this bill will be on April 24th. Feel free to use this letter as a template and send to the addresses below letter. Also include your own representatives. State Senator Menendez and State Representative Bernal are already aware and have committed to working against its passage. For more information, please read “A Perspective on HB 2162

Tier One Neighborhood Coalition (T1NC) is a group of San Antonio downtown (inside Loop 410) neighborhoods organized to advocate and work for appropriate development, as well as other important issues that affect our communities, and to promote communication, cooperation, education, and support among neighborhoods. Contact t1nc.sat@gmail.com or visit T1NC.org ormail to P.O. Box 12337, San Antonio, TX, 78212

April 18, 2019 

Dear Members of the Legislature, 

We write to you as a coalition of 56 San Antonio neighborhoods and 16 partner organizations to express our opposition to HB 2730 and its companion, SB 2162. 

The Texas Citizen’s Participation Act (TCPA), signed into law in 2011 and updated in 2013, was designed to protect the average citizen’s rights to free speech and participation in government from Strategic Lawsuits Against Public Participation (SLAPP).  Just last year, the Texas Supreme Court opined that the TCPA has a “unique role in protecting the democratic process that allows our state to function.”

HB 2730, and its companion SB 1488, would strip away key protections from the existing law and would leave the average citizen vulnerable to financial ruin by meritless lawsuits filed by plaintiffs with deep pockets. Healthy public debate would be quickly replaced with silence as advocates and citizens who speak on matters of public concern would lose the protection provided by the TCPA. Citizens should not be forced into silence simply because an opposing party can outspend them while navigating the legal system. 

We ask that you help us preserve our First Amendment rights and allow us to continue to be an effective voice for neighborhoods by joining us in our opposition to this bill. 

Respectfully, 

Tier One Neighborhood Coalition Steering Committee

Cosima Colvin, Christine Drennon, Tony Garcia, Homer “Butch” Hayes, Cullen Jones, Ricki Kushner, Velma Pena, Cynthia Spielman, Amelia Valdez, and Theresa Ybanez


Authors:

Four.price@house.texas.gov

Sandra.talton@house.texas.gov

joe.moody@house.texas.gov

Ellic.sahualla@house.texas.gov

dustin.burrows@house.texas.gov

Sara.schmidt@house.texas.gov

Committee Members:

Jeff.Leach@house.texas.gov (Author)

Sean.Mason@house.texas.gov

Jessica.farrar@house.texas.gov

Idalid.navarro@house.texas.gov

Yvonne.davis@house.texas.gov

Jesse.bernal@house.texas.gov

julie.johnson@house.texas.gov

Melissa.alfaro@house.texas.gov

Matt.krause@house.texas.gov

Andrew.herrell@house.texas.gov

Morgan.meyer@house.texas.gov (Author)

Joshua.garrett@house.texas.gov

Victoria.neave@house.texas.gov

Rachel.lance@house.texas.gov

Reggie.smith@house.texas.gov

Emily.fankell@house.texas.gov

james.white@house.texas.gov

John.hagan@hosue.texas.gov

Read more at NowCastSA here

86th Legislative Neighborhood Update

The following are bills that are of special interest to San Antonio neighborhoods. Jordan Ghawi has been in Austin and following the progress of these bills for T1NC. 

HB 2496 / SB 1488 (Municipal Historic Designation) – This bill prohibited historic designation without the owner’s consent, including in historic districts. In San Antonio, there are ways of opting out of a historic designation but requires a review. Now has four joint authors, including D120 Representative Barbara Gervin-Hawkins.  The substitute bill, which is better than what was originally filed, is close to mirroring San Antonio’s ordinance which requires a simple majority (51%) from the Zoning Commission and Historic Design and Review Commission (HDRC) and a super-majority from City Council (3/4 vote) for historic designation. This bill requires a super-majority from both commissions as well as City Council.   

We will continue to advocate for an amendment to the bill that would change the language to represent the current processes in San Antonio. Next step is a committee report on the bill and then it will be sent to Calendars. 

HB 3778 / SB 1888 (STR) – The substitute Short Term Rental (STR) bill prohibits local ordinances that ban STRs, allows unlimited Type 2 STRs in non-residential areas, and allows neighborhoods (such as HOAs) to ban STRs. The bill does not prohibit the block face restrictions that now exist in the San Antonio ordinance. We are still trying to figure out to what “non-residential” refers. 

HB2439 / SB 1266 (Building Materials Bill) –  This bill would enable the use of any building material or product as long as it has been approved for use by a national model building code that has been adopted by the local government. A substitute was considered in the House Committee on State Affairs.  It was not the author’s intent to affect NCDs, Historic Districts, or other overlays.  The Committee substitute has language that would exclude the aforementioned groups. This bill is in the House State Affairs Committee.  

HB 2730 / SB 2162 (Anti-SLAPP “reform” bill) – would gut the Texas Citizens Participation Act, a law that protects average citizens from being financially ruined by meritless defamation lawsuits filed by plaintiffs with deep pockets. The past eight years the law has protected common people who dare to speak their minds on matters of public concern. Read  A Perspective on HB 2730Please write the members of the House Committee on Judiciary & Civil Jurisprudence as well as your local representatives about this bill. 

Find your State Senator

Find your State Representative     

 

 

A Perspective on HB 2730 Anti-SLAPP “Reform”

See interview with State Representative Bernal on NowCastSA.com about anti SLAPP during the controversy here

Several years ago, my neighborhood association and each one of its members personally were threatened by a local powerful developer with a lawsuit. We were told that not only would we be sued as an association but each one personally would be “tied up for life” in an expensive legal battle. He said he had lawyers on retainer, so it did not matter to him how long he could drag it out. 

Our offense? We disagreed about how CoSA interpreted our NCD guidelines for a chain gas station he was developing, raised the $600 filing fee, and filed an appeal to the Board of Adjustment. On the very same day, we were threatened with a law suit. The point for the developer was not winning the suit, but dragging us all through years of litigation. 

It was a dark moment when our association board sat at my dining room table with our zoning committee and we decided to pull the appeal. We could not compete with all that money and power. 

Soon after, our State Representative Diego Bernal and State Senator Menendez let us know about the Anti-SLAPP law that would protect us as we lawfully advocated or took actions to protect our neighborhoods or communities and they would stand by our side. The anti-SLAPP (Strategic Lawsuits Against Public Participation) law, also known as the Texas Citizens Participation Act (TCPA), passed in 2011, protects first amendment rights, public participation and the media. The TCPA protects against abusive behavior by allowing for early dismissal of such suits and ordering the plaintiffs to pay the defendant’s legal fees. Although it had become too late to file our appeal, we understood that in the future we would be protected.

Until now. 

House Bill 2730 by Rep. Jeff Leach, R-Plano, would gut the Texas Citizens Participation Act, a law that protects average citizens from being financially ruined by meritless defamation lawsuits filed by plaintiffs with deep pockets. The past eight years the law has protected common people who dare to speak their minds on matters of public concern.

HB 2730 and SB 2162 threaten the Texas anti-SLAPP law

The bills currently proposed would undermine the Texas Citizen Participation Act (TCPA), which has  become the model for similar legislation in other states. The TCPA allows the courts to quickly dismiss meritless defamation and other lawsuits designed to silence everyday people as well as the press. Such meritless claims – so-called Strategic Lawsuits Against Public Participation (SLAPP) suits — are routinely filed by people with deep pockets not to ultimately succeed in the courts but to run up legal costs in order to intimidate or stop free speech.

For example, House Bill 2730 and SB 2162 would allow the entity accused of filing a meritless lawsuit to drop their case just days before a hearing. This effectively allows an entity to sue a media company for defamation, receive a hearing date, and then drop the lawsuit days before a hearing to avoid a bad ruling and the cost of the defendant’s legal fees.

Where HB 2730 is now:

Currently HB 2730 is being considered by the House Committee on Judiciary & Civil Jurisprudence who heard testimony on April 1st

This is a dangerous bill that would put community leaders in jeopardy as they advocate for their neighborhoods in lawful and exercise their constitutional right to free speech. 

CoSA and Neighborhood Protection

Our neighborhood association, and then Tier One Neighborhood Coalition, asked that CoSA make a public statement that they would support any citizens who participated in their lawful rights to advocate for their neighborhoods. Then Mayor Taylor promised to do so, but it never happened though we have asked repeatedly. Now we have submitted this request as part of the implementation of the Public Participation Principles.

What Can You Do?

Contact the following Committee members today to demand that they do not silence our advocacy. Please also write your local state and senate representatives.

Authors:

Four.price@house.texas.gov

Sandra.talton@house.texas.gov

joe.moody@house.texas.gov

Ellic.sahualla@house.texas.gov

dustin.burrows@house.texas.gov

Sara.schmidt@house.texas.gov

Committee Members:

Jeff.Leach@house.texas.gov (Author)

Sean.Mason@house.texas.gov

Jessica.farrar@house.texas.gov

Idalid.navarro@house.texas.gov

Yvonne.davis@house.texas.gov

Jesse.bernal@house.texas.gov

julie.johnson@house.texas.gov

Melissa.alfaro@house.texas.gov

Matt.krause@house.texas.gov

Andrew.herrell@house.texas.gov

Morgan.meyer@house.texas.gov (Author)

Joshua.garrett@house.texas.gov

Victoria.neave@house.texas.gov

Rachel.lance@house.texas.gov

Reggie.smith@house.texas.gov

Emily.fankell@house.texas.gov

james.white@house.texas.gov

John.hagan@hosue.texas.gov

Read more at NowCastSA here