Category: Legislative

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 87^th 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 87^th 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. 

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

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

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 2730. Please 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     

 

 

What is the SA Climate Action and Adaption Plan (CAAP)?

 On June 22, 2017, City Council passed a resolution that San Antonio would be in compliance with the Paris Climate Agreements by being Carbon Neutral by 2050.   The CAAP draft that needs to be adopted by City Council was developed with the input of 80+ community stakeholders representing neighborhood, environmental, institutional, social justice, and business groups who served on a Steering Committee and five Technical Working Groups. 

• It stresses clean energy, energy efficiency, mobility options, vehicle electrification, reduced waste production, and sustainable development as mechanisms to reduce greenhouse gas emissions in the community and the municipal government. 
• Includes a vulnerability assessment and adaptation strategies based on down-scaled climate projections through 2100 that reveal a future of extreme heat, increased occurrence of drought, and more severe storm and flood events; 
• Is about clean air, good jobs, transportation choices, clean and secure energy, and current and long-term quality of life.

How the CAAP Works: Mitigation and Adaptation 

The CAAP deals with the effects of greenhouse gases in two ways: mitigation (reduction and prevention) and adaptation (limit’s the city’s vulnerability to climate change impacts).

• Examples of mitigation activities include increasing renewable energy, reducing energy use in buildings, and increasing carbon-free vehicle use. 48% of emissions come from industrial and commercial buildings first and residential buildings second. 38% of carbon gases come from commercial and private transportation.  
• Examples of adaptation activities include flood-proof roadways and critical infrastructure, increase tree canopy, and develop a community wild-fire plan. 

How will San Antonio reduce greenhouse gas (GHG) Emissions?

 1. Increase Carbon-Free Energy 

Almost half of San Antonio’s GHG emissions come from the sources that supply our buildings with energy. Reducing the carbon impact of our energy generation is one of the most impactful single actions we can take to slow climate change. San Antonio will focus on the development of carbon-free, grid-supplied energy and converting existing fossil fuel end uses to this new carbon-free opportunity. 

2. Reduce Building Energy Consumption 

Reducing the energy consumption of our buildings will reduce the need for energy generated by high-carbon sources. These strategies go hand-in-hand with increasing carbon-free energy by curbing San Antonio’s growing appetite for energy and allowing for the conversion to carbon-free solutions. 

3. Reduce Transportation Energy Consumption 

More than one-third of San Antonio’s GHG emissions come from our carbon-intensive transportation systems. As a car-centric city, San Antonio will need to utilize smart initiatives to reduce GHG emissions from our transportation systems, including promoting the use of greener vehicle technologies and reducing vehicle miles traveled through transforming and integrating existing transportation networks. 

4. Increase Circularity 

The waste that goes to the landfill today continues to release GHG emissions for decades as it
breaks down. In recognition of these emissions, San Antonio has identified increasing the circular economy as a pillar of climate action. Together these strategies will work to remove items from the waste stream and divert all remaining waste to the least GHG-intensive waste streams. 

5. Promote Biodiversity and Healthy Ecosystems 

Healthy, properly functioning ecosystems can absorb emissions and stabilize the rate of change, resulting in less significant impacts. These strategies will promote healthy ecosystem responses and develop solutions that mimic those of natural systems. 

6. Educate & Enable 

Some of the most important significant behavior changes and limitations to future GHG emissions can be achieved through strategies that may not have significant short-term GHG emission reductions. These strategies will educate San Antonians and develop processes to enable the changes in behavior required to continue GHG emissions reductions into the future. 

CAAP and Equity: How does this plan protect the vulnerable?

Equity was a central tool in developing policy: The following are the ways in which the CAAP ensures clear equity gains which is centered around five climate equity themes: 

1. Access and Accessibility:Increased access to jobs, housing, transportation, funding, education, healthy foods, and clean air for vulnerable populations. 

2. Affordability:Lower / more predictable costs related to basic living needs (e.g. housing, food, utilities, healthcare, transportation, etc.) for vulnerable populations. 

3. Cultural Preservation:Respecting and honoring cultural relevance and history. 

4. Health: Increased health (physical and mental) for vulnerable populations. 

5. Safety and Security:  Mitigation of potential threats and increased access to critical lifelines when (or before) threats are experienced. 

How does this plan affect neighborhoods?

The CAAP affects transportation and development in our communities which is a topic Tier One Neighborhood Coalition neighborhoods have already been working on. The plan makes our neighborhoods safer as we work on issues such as flooding and heat for vulnerable residents.  The plan also asks for a commitment by individuals and neighborhoods to find ways to reduce, reuse, and recycle and change the perception that this is a “new” idea; for our grandparents, this was a way of life. What is most important, is that neighborhoods with strong communities are the best mitigation against natural disasters. This is a point we should make to the City when advocating on issues we care about such as STRs, development, displacement, and housing issues. Strong communities are resilient.

What is the Timeline for the CAAP?

1/25/19               Public Release of the Plan/Open Comment Period

2/24/19               30-day Public Comment Period Closes

2/27/19               Planning Commission Work Session 

3/13/19               Planning Commission 

3/20/19               CAAP Steering Committee /Public Meeting 

3/26/19               Community Health and Equity Committee Briefing

4/3/19                  B-Session 

4/11/19               A-Session 

Public Engagement:

Website – https://saclimateready.org/about-us/draft-climate-action-adaptation-plan/

Survey – https://www.surveymonkey.com/r/7P2GKF3

CPS Energy Board of Trustees Public Input Session on SA Climate Ready CoSA Open HouseMonday, February 18, 2019 at the Villita Assemble Building at 401 Villita Street 

• 5-6 pm Sign up to speak / People First! Community Fair
• 6 – 8:30 pm Public Input Session

CoSA SA Climate Ready Open House Tuesday, February 19, 2019 at the Central Library,  5-7 pm

Sources: 

Douglas Melnik, Chief Sustainability Officer of the Office of Sustainability.  

The CAAP draft: 

http://mediad.publicbroadcasting.net/p/kstx/files/SACR-REPORT_FINAL_spreads-1-25.pdf