11.23.21 Town Council Regular Meeting PacketPage 1 of 4
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Prosper is a place where everyone matters.
Notice Regarding Public Participation
Welcome to the Prosper Town Council. Individuals may attend the meeting in person, or
access the meeting via videoconference, or telephone conference call.
Join the Zoom Meeting by clicking on the following link:https://us02web.zoom.us/j/87047432329
To join the meeting by phone, dial (346) 248-7799
Enter Meeting ID: 8704 743 2329
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town website or in Council Chambers.
If you are attending in person, please submit this form to the Town Secretary prior to the
meeting. When called upon, please come to the podium and state your name and address for
the record.
If you are attending online/virtually, please submit this form to the Town Secretary prior to
5:00 p.m. on the day of the meeting. Please ensure your full name appears on the screen and
you are unmuted so the meeting moderator can recognize you and allow you to speak. The
Chat feature is not monitored during the meeting. The Town assumes no responsibility for
technical issues that are beyond our control.
If you encounter any problems joining or participating in the meeting, please call our
help line at 972-569-1191 for assistance.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Communication and Community Engagement Update. (RB)
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 23, 2021
5:45 PM
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2. Consider and act upon the minutes from the November 9, 2021, Town Council
meeting. (MLS)
3. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas,
related to the design of the US 380 Green Ribbon Landscaping and Irrigation (Lovers
– Mahard) project. (PN)
4. Consider and act upon authorizing the Town Manager to execute a Pipeline License
Agreement between BNSF Railway Company, and the Town of Prosper, Texas,
related to the construction of drainage improvements at the BNSF Railroad for the
downtown apartment and townhome projects along McKinley Street. (HW)
5. Consider and act upon an ordinance repealing existing Article 3.16, “Pools and Spas”
of Chapter 3 titled “Building Regulations” of the Code of Ordinances and replacing it
with a new Article 3.16 “Swimming Pool and Spa Code” and adopting the 2021 Edition
of the International Swimming Pool and Spa Code as set forth. (BC)
6. Consider and act upon an ordinance amending Chapter 6, "Health and Sanitation" of
the Code of Ordinances by adding a new Article 6.06, "Irrigation Systems." (BC)
7. Consider and act upon a resolution casting the Town of Prosper’s 35 votes for the
Collin County Central Appraisal District Board of Directors (CCAD). (MLS)
8. Consider and act upon whether to direct staff to submit a written notice of appeal on
behalf of the Town Council to the Development Services Department, pursuant to
Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding
action taken by the Planning & Zoning Commission on any Site Plan or Preliminary
Site Plan, including Central Fire Station and LIV Townhome-Style Multifamily. (AG)
CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to
discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment
Request Form” and present it to the Town Secretary prior to the meeting.
REGULAR AGENDA:
If you wish to address the Council, please fill out a “Public Comment Request Form” and present
it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of
the Texas Government Code, individuals wishing to address the Council for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak
on a non-public hearing item, they may either address the Council during the Citizen Comments
portion of the meeting or when the item is considered by the Town Council.
Items for Individual Consideration:
9. Conduct a public hearing and consider and act upon a request for a Specific Use
Permit (SUP) for an Incidental Outside Merchandise Display at an existing
Convenience Store with Gas Pumps (7-Eleven), on 1.4± acres, in the Victory at
Frontier development, located on the southwest corner of Preston Road and Frontier
Parkway. (S21-0003). (AG)
10. Conduct a public hearing and consider and act upon a request for a Specific Use
Permit (SUP) for a Drive-Through Restaurant with Drive-Through Service, on 1.2±
acres, in the Victory at Frontier development, located on the west side of Preston
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Road, south of Frontier Parkway. The property is zoned Planned Development-10
(PD-10). (S21-0004). (AG)
11. Conduct a public hearing and consider and act upon a request to rezone 9.1± acres
from Office (O) to Planned Development-Office (PD-O), to allow for a Veterinarian
Clinic and/or Kennel, Indoor as a permitted use, located on the north side of Fishtrap
Road, west of Legacy Drive. (Z21-0011). (AG)
12. Consider the adoption of a resolution calling the Town of Prosper, Texas General
Obligation Bonds, Series 2012 for redemption prior to maturity and approving all
matters incidental thereto. (BP)
13. Consider the adoption of a resolution calling the Town of Prosper, Texas Combination
Tax and Revenue Certificates of Obligation, Series 2012 for redemption prior to
maturity and approving all matters incidental thereto. (BP)
14. Consider all matters incidental and related to the issuance and sale of the Town of
Prosper, Texas General Obligation Refunding Bonds, Series 2021, including the
adoption of an ordinance authorizing the issuance of the bonds, establishing
parameters for the sale and issuance of such bonds, and delegating certain matters
to the Town Manager to act on its behalf in selling the bonds. (BP)
15. Receive an update on the Town logo and rebranding project. (RB)
16. Receive an update on the 2021 Texas Legislative Session and the Town of Prosper's
legislative strategy. (RB)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
17. Discussion regarding public comments during Council meetings. (RB)
18. Discussion regarding the creation of a HOA Broadband Committee. (HJ)
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
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Friday, November 19, 2021, and remained so posted at least 72 hours before said meeting was
convened.
_______________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Meigs Miller
Deputy Mayor Pro-Tem Craig Andres
Councilmember Jeff Hodges
Councilmember Charles Cotten
Councilmember Amy Bartley
Council Members Absent:
Councilmember Marcus E. Ray
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Todd Rice, Communications Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Khara Dodds, Development Services Director
Alex Glushko, Planning Manager
Brady Cudd, Building Official
Frank E. Jaromin, Director of Public Works
Travis Kvaal, Senior Backflow Inspector
Leigh Johnson, IT Director
Betty Pamplin, Finance Director
Stuart Blasingame, Fire Chief
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Mike Martin, Hope Fellowship, led the invocation. The Pledge of Allegiance and the Pledge to the
Texas Flag were recited.
Announcements of recent and upcoming events.
Thank you to all who attended the Prosper Arbor Day Celebration this past Saturday. A special
thanks to Girl Scout Troop 8415, Girl Scout Troup 1325, and Boy Scout Troop 365 for
participating. And of course, thank you to our Parks and Recreation Department for staff who
provided instruction and guidance on proper tree planting techniques to the group.
The Prosper annual Christmas Festival will take place on Saturday, December 4 at Prosper Town
Hall. Come experience the magic of Santa Claus in his Workshop, the Kids Christmas Shoppe,
dazzling exhibits, Kids Fun Zone, Community Stage performances, carriage rides, live
demonstrations, and food truck vendors. Also, don’t miss out on the Prosper Rotary Club
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, November 9, 2021
5:45 PM
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Item 2.
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Christmas Parade at 2:30 p.m., and the Tree Lighting at 7:00 p.m. followed by fireworks! The
festival is free of charge. For more information visit ProsperChristmas.org
The Prosper annual Light the Night Decorating Contest sponsored by CoServ is back. Residents
and businesses may now sign up to participate through December 12 to showcase their holiday
lights and decorations. Top entries will earn bragging rights, a yard sign, and a cash prize. Visit
ProsperChristmas.org for more information including contest categories.
Registration for the Parks and Recreation Winter 2021 camps and classes are now open. Don’t
miss out on the 2-day LEGO camp for kids on December 20 to 21. It’s a great opportunity to drop
off the kids while you take care of the last-minute holiday shopping. Visit Propserparksandrec.org
to register.
Reminder that Town Hall Offices will be closed on Thursday, November 25 and Friday, November
26 for the Thanksgiving Holiday. Due to the holiday, residents whose trash service falls on
Thursday or Friday will be delayed by one day. The special bulk drop off location at Public Works
will also be closed on Saturday, November 27.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.
1. Consider and act upon the minutes from the October 26, 2021, Town Council
meeting. (MLS)
2. Receive the September Financial Report. (BP)
3. Receive the Quarterly Investment Report. (BP)
4. Consider and act upon Ordinance No. 2021-65 amending Section 10.03.051,
“Franchise Utilities,” of Article 10.03, “Subdivision Ordinance,” of Chapter 10,
“Subdivision Regulation,” of the Code of Ordinances, related to Fiber Optic
Communications. (AG)
5. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement for Fire Protection Services with Denton County Fresh Water District
No.10 for the Artesia Area. (SB)
6. Consider and act upon Ordinance No. 2021-66 amending Section 5.02 of the
Town of Prosper Personnel Policies and Procedures Manual regarding vacation
leave for members of the Fire and Police Departments as required by Local
Government Code 142.0013 and increasing the maximum vacation accrual limit
for all employees. (JE)
7. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plan or Preliminary Site Plan, including LIV Multifamily. (AG)
Deputy Mayor Pro-Tem Andres made a motion to approve consent agenda items 1 thru 7.
Mayor Pro-Tem Miller seconded that motion, and the motion was unanimously approved.
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CITIZEN COMMENTS:
No comments were made.
Items for Individual Consideration:
8. Conduct a public hearing and consider and act upon a request for a Sign Waiver
at 101 E. Broadway Street (Prosper Chiropractic), regarding downtown signs,
located on the northeast corner of Broadway Street and Coleman Street. (MD21-
0010) (AG)
Councilmember Bartley stepped away from the dais for this item.
Mr. Glushko stated the Town’s Sign Ordinance currently requires downtown signs to
be setback a minimum of fifteen feet from property lines. Due to the location of the
existing structure and TxDOT right-of-way width, the sign would be located ten feet
from the structure. Therefore, the applicant is requesting to have a minimum of one-
foot setback from the property line. There are not any obstructions to visibility and the
request meets all other Town standards. Staff is recommending approval.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
Councilmember Hodges made a motion to approve the request for a Sign Waiver at
101 E. Broadway Street (Prosper Chiropractic), regarding downtown signs, located on
the northeast corner of Broadway Street and Coleman Street. Councilmember Cotten
seconded that motion. Motion passes with a 6-0 vote. Councilmember Bartley was not
present for the vote.
Councilmember Bartley returned to the dais.
9. Conduct a public hearing and consider and act upon a request for a Sign Waiver
for CareNow, in the Gates of Prosper, regarding a monument sign, located on
the east side of Preston Road, north of Lovers Lane. (MD21-0011) (AG)
Mr. Glushko stated the Town’s Sign Ordinance requires a masonry border surrounding
the sign, however, the Gates of Prosper has received approval for a sign style that
does not include this requirement. CareNow was not included during the previous
approvals. The proposed signage meets all other standards. Staff is recommending
approval.
Mayor Smith opened the public hearing.
No comments were made.
Mayor Smith closed the public hearing.
The Town Council discussed the illumination of the sign and the removal of the sign
in the back of the facility facing the residential area.
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Deputy Mayor Pro-Tem Andres made a motion to approve a request for a Sign Waiver
for CareNow, in the Gates of Prosper, regarding a monument sign, located on the east
side of Preston Road, north of Lovers Lane subject to the removal of the sign adjacent
to Willow Ridge subdivision. Councilmember Hodges seconded that motion, and the
motion was unanimously approved.
10. Consider and act upon authorizing the Town Manager to execute an agreement
between the Town of Prosper, Texas, and Brown Reynolds Watford Architects,
Inc., related to architectural and engineering design services for the Fire Station
No. 4. (SB)
Chief Blasingame stated the Town requested Statements of Qualifications (SOQ) from
qualified firms to provide professional architectural and engineering services relating
to the conceptual design and planning for Fire Station No. 4. Firms were required to
submit information based on four different criteria and then was scored by the
evaluation committee. Based on the committees scoring, staff is recommending Brown
Reynolds Watford Architects.
Councilmember Hodges made a motion to approve authorizing the Town Manager to
execute an agreement between the Town of Prosper, Texas, and Brown Reynolds
Watford Architects, Inc., related to architectural and engineering design services for
the Fire Station No. 4. Mayor Pro-Tem Miller seconded that motion, and the motion
was unanimously approved.
11. Receive an update regarding the Central Fire Station and Fire Administration
Construction project. (SB)
Chief Blasingame stated BRW Architects has completed 95% of the construction
documents for the new Central Fire Station and Fire Administration building. The Chief
provided renderings along with an updated budget summary for the project.
The Town Council discussed the current costs of building a facility and any concerns
regarding the ability to complete the project within budget.
Possibly direct Town staff to schedule topic(s) for discussion at a future
meeting.
12. Receive an update regarding the Irrigation Systems Ordinance. (BC)
Mr. Cudd stated that based on new irrigation system requirements within the Texas
Local Government Code, the Town is proposing to update the current ordinance. The
initial update would include amendments to the licensing, permitting, and irrigation
plan requirements. In fall 2022, an additional update to the ordinance will address the
backflow assembly requirements, which will be in accordance with Texas Commission
on Environmental Quality (TCEQ) Rules. Mr. Cudd indicated that staff will be providing
public outreach to HOA’s, homeowners, and will come back to the Town Council prior
to ordinance approval.
Mr. Jefferson stated this is being done to adhere to the Texas Local Government Code
requirements, now that the Town’s population is over 20,000.
The Town Council discussed the importance of the public outreach efforts and
educating property owners of the new requirements.
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13. Discussion regarding Swimming Pool and Spa Code adoption. (BC)
Mr. Cudd stated that Town staff is looking to repeal the current pool and spa code and
adopt a new code based on the 2021 International Code with NCTCOG amendments
in order to following recent legislative changes. Key components of the changes were
provided, including that pool setbacks will remain the same.
The Town Council discussed what defines a ‘front yard’ and the importance of being
proactive on inspections.
14. Discussion regarding the General Obligation Refunding Bonds. (HJ)
Mr. Jefferson provided three options on the 2012 Refunding Bonds based on the
feedback received at the last meeting from the Town Council. Summaries of the
General Fund, Water and Sewer Fund, and the Stormwater Drainage Utility Fund were
reviewed along with historical data for capital expenditures.
Jason Hughes, First Southwest Securities, reviewed a summary analysis of using cash
for defeasance of debt versus using cash for project costs.
The Town Council discussed the fund summaries as it pertains to the capital project
expenditures. The Town Council requested bringing back option 2 and option 3 for
consideration at the next meeting.
15. Discussion regarding the November Strategic Planning discussion. (HJ)
Mr. Jefferson stated staff is looking for a date to hold the next Strategic Planning
discussion.
The Town Council agreed on Tuesday, November 30 at 6:00 p.m. at Town Hall.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
The Town Council recessed into Executive Session at 7:11 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 7:43 p.m.
No action was taken.
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Adjourn.
The meeting was adjourned at 7:44 p.m.
These minutes approved on the 23rd day of November 2021.
APPROVED:
Ray Smith, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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To: Mayor and Town Council
From: Paul Naughton, Acting Parks and Recreation Director
Through: Harlan Jefferson, Town Manager
Robyn Battle, Executive Director of Community Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Professional Services
Agreement between Halff Associates, Inc., and the Town of Prosper, Texas, related to the design
of the US 380 Green Ribbon Landscaping and Irrigation (Lovers – Mahard) project.
Description of Agenda Item:
The Town of Prosper was notified on October 15, 2021 of being selected by the Texas Department
of Transportation (TxDOT) for funding through the Green Ribbon Program of $1,275,000 for
landscaping improvements on US 380.
The services associated with this agreement are for the design of the median landscape and
irrigation improvements to US 380. The design limits on US 380 are from Lovers Lane to Mahard
Parkway totaling approximately 2.2 miles. The design for US 380 will also include the installation
of a continuous empty conduit for use in running power to future median street lighting.
At the December 8, 2020, Town Council meeting, the Town Council approved a list of qualified
Park design firms, which included services of median landscaping design. Halff Associates, Inc,
is included on the list. The Town is currently working with the design consultant on the median
landscape improvements on US 380 and has had a good experience.
Budget Impact:
Total cost for the design is $95,000 and will be funded in account 100-5410-60-01. The City of
Frisco will be reimbursing the Town 50% of the cost associated with the design. This is the same
arrangement that was agreed to with the previous section of US 380.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services
Agreement as to form and legality.
Prosper is a place where everyone matters.
PARKS AND
RECREATION
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Item 3.
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Attached Documents:
1. Professional Service Agreement
2. Location Map
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Professional Services Agreement between Halff Associates, Inc., and the Town of Prosper, Texas,
related to the design of the US 380 Green Ribbon Landscaping and Irrigation (Lovers – Mahard)
project.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Services Agreement between
Halff Associates, Inc., and the Town of Prosper, Texas, related to the design of the US 380 Green
Ribbon Landscaping and Irrigation (Lovers – Mahard) project.
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Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 1 OF 15
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND Halff Associates, Inc.
FOR THE US380 GREEN RIBBON LAN DSCAPE ENHANCMENTS, PROJECT (2150-PK )
This Agreement for Professional Engineering Services, hereinafter called “Agree ment,” is entered into by the
Town of Prosper , Texas, a municipal corporation, duly authorized to act by the Town Council of said Town,
hereinafter called “Town,” and Halff Associates, Inc., a company authorized to do business in Texas , acting through
a duly authorized officer, herein after called “Consultant,” relative to Consultant providing professional engineering
services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, T own desires to obtain professional engineering services in connection with the US380 GREEN
RIBBON LANDSCAPE ENHANCMENTS, Project (2150-PK ), hereinafter called “Project”;
For the mutual promises and benefits herein described, Town and Consultant agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its execution by both
Parties, and shall continue in effect thereafter until terminated as provided herein.
2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such
services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word
for word. All services provided by Consultant hereunder shall be performed in accordance with the degree o f care
and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of
conflict in the language of Exhibit A an d this Agreement, this Agreement shall govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all
Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make
all decisions called for hereunder promp tly and without unreasonable delay as is necessary to cause Consultant’s
services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use
diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the Town understands and agrees that Consultant is r etained to perform
a professional service and such services must be bound, first and foremost, by the principle s of sound professional
judgment and reasonable diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of Ninety-Five Thousand Dollar and Zero Cents ($95,000.00) for the
Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word
for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees
shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage,
copies, scans, sub -consultants, and similar costs are included in fees and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month .
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred,
if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall
be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant
within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written
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Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 2 OF 15
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms o f this Agreement.
The Scope of Services shall be strictly lim ited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5. Town ’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to reque sts from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6. Ownership and Reuse of Documents . Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreemen t and that Town may use them without C onsultant's permission for
any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings, spec ifications and all other pertinent information for
the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, pro fessionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by su ch
substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein a s if written word for word. Consulta nt shall submit to Town proof of such insurance prior to
commencing any work for Town.
9. Indemnification . CONSULTANT DOES HEREBY COVENAN T AND AGREE TO RELEA SE,
INDEMNIFY AND HOLD H ARMLESS TOWN AND ITS OFFICIALS, O FFICERS, AGENTS, REPRESENTATIVES,
EMPL OYEES AND INVITEES F ROM AND AGAINST LIAB ILITY, CLAIMS, SUITS, DEMANDS AND/OR CAU SES
OF ACTION, (INCLUDIN G, BUT NOT LIMITED T O, REASONABLE ATTORN EY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON O F DEATH OR INJURY TO PROPERTY O R PERSONS BUT
ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT,
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM
CONSULTANT IS LEGALLY LIABLE W ITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT , THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCUL ATED ON A COMPARATIVE BASIS OF FAULT AND
RESPONSIBILITY AND T HAT NEITHER PARTY SH ALL BE REQUIRED TO D EFEND OR INDEMNIFY THE
OTHER PARTY FO R THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
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Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 3 OF 15
10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by
personal delivery, in writing, or by registered or certified m ail to the following addresses:
Halff Associates, Inc.
Kirk M. Wilson, PLA, LI
Team Leader & Director of Fort Worth
Landscape & Planning
4000 F ossil Creek Blvd
Fort Worth, Texas 76137
kwilson@ halff.com
Town of Prosper
Harlan Jefferson, Town Manager
PO Box 307
Prosper, TX 75078
hjefferson@prospertx.gov
11. Termination . The obligation to provide further services under this Agreement may be terminated by
either Party in writing upon thirty (30) calendar da ys notice. In the event o f termination by Town, Consultant shall be
entitled to payment for services rendered through receipt of the termination notice.
12. Sole Parties and Entire Agreement . This Agreement shall not create any rights or benefits to
anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to
this Agreement shall have no force or effect.
13. Assignment and Delegation . Neither Town nor Consultant may assign its rights or delegate its
duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent
permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer,
employee or agent.
14. Texas Law to Apply; Successors; Construction . This Agreement shall be construed under and
in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties
hereto and their representatives, su ccessors and assigns. Should any provisions in this Agreement later be held
invalid, illegal or unenforceable, they shall be deemed void, and this A greement shall be construed as if such provision
had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the
Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written
word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit
included in the exhibit. Consultant understands and agrees that the existence of a prohibited in terest during the
term of this Agreement will render the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176,
Local Government Code, as amended, and will abide by the same. In thi s connection, a lawful representative of
Consultant shall execute the Conflict of Interest Qu estionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of
Interest Questionnaire and incorporated herein as if written word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if
legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation . In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit
such disagreement to non-binding mediation.
18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce
Page 15
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 4 OF 15
or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled
to recover its reasonable costs and attorn ey’s fees (including its reasonable costs and attorney’s fees on any appeal).
19. “Anti-Israel Boycott” Provision . In accordance with Chapter 2270, Texas Go vernment Code, a
Texas governmental entity may not enter into a contract with a company for the pro vision of goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boyco tt
Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship;
(2) a company that has fewer than ten (10) full -time employees; or (3) a contract that has a value of less than One
Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated
herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement
that the company does not boycott Israel and will not boycott Israel during the term of this Agreement.
20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf
of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents
that the individual executing this Agreement on its behalf has full authorit y to execute this Agreement and bind
Consultant to same.
IN WITNESS WHEREOF , the Parties, having read and understood this Agreement, have executed such in
duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of
_______________________, 20____.
Halff Associates, Inc.
By:
Signature
Printed Name
Title
Date
TOWN OF PROSPER, T EXAS
By:
Signature
Harlan Jefferson
Printed Name
Town Manager
Title
Date
Page 16
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 5 OF 15
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE TOWN OF PROSPER, TEXAS & HALFF ASSOCIATES, INC.
FOR
US380 GREEN RIBBON LANDSCAPE ENHANCMENTS PROJECT (2150-PK)
I. PROJECT DESCRIPTION
Halff Associates, Inc. (Halff) will prepare landscape and irrigation plans for the Town of Prosper, Texas (Town) for
the medians along US 380 between Lovers Lane in Prosper, Texas and Mahard Parkway in Frisco, Texas
(approximately 2.25 miles). The landscape design shall replicate the planti ng patterns found along US 380 east of
this proposed project. The project is funded through the 2022 TxDOT Green Ribbon Program.
II. PROJECT MANAGER (LUMP SUM)
Halff Associates, Inc
Kirk M. Wilson, PLA, LI
Team Leader, Director of Fort Worth LA
4000 Fossil Creek Blvd
Fort Worth, TX 75081
817-764-7447
kwilson@halff.com
III. BASIC SERVICES
Task 1 - Project Manageme nt
a. Internal Team Meetings
Halff will conduct internal team meetings as required by the projec t. The internal team meetings will include
internal coordination of project processes, program items and schedules.
b. Communications and Reporting
1. Kickoff Meeting
Halff will conduct a kickoff meeting the Town of Prosper, the City of Frisco and TxDOT to co nfirm the
projects goals and objectives, project budget and project schedule. Notes will be taken by Halff at this
meeting to record items discussed and decisions made and will be delivered in digital format to the Town
of Prosper.
2. Design Submittal Review Meetings
Halff will conduct a design submittal review conference call s with Town staff members to discuss all
comments related to the project at the 30%, 60%, 95% and 100% submittal milestones. Notes will be
taken by Halff at these meetings to record items discussed and decisions made and will be delivered in
Page 17
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 6 OF 15
digital format to the Town of Prosper.
3. Irving Water District Coordination Meetings:
Halff will conduct no more than two (02) virtual project coordination meeting with the Irving Water District
staff. Notes will be taken by Halff at these meeting to record items discussed and decisions made and
will be delivered in digital format to the Town of Prosper.
The meeting and submitta l milestones shall be as follows:
• (01) Kickoff meeting with Town of Prosper and Texas Department of Transportation
• (02) Design coordination meeting with Irving Water District
• (01) 30% Schematic Design Review – Conference Call
• (01) 60% Design Review - Conference Call
• (01) 95% Design Review - Conference Call
• (01) 100% Final Design Submittal
Total Seven (07) Meetings
Task 2 - Data Compilation
a. Base Map
Compile the digital information provided by the Town during the data gathering exercises into a base plan for
use during the planning and design activities. This base plan will identify the location of existing streets;
existing wet and dry utilities; vege tation; and existing topography. Location of existing underground utilities
will be determined using the GIS utility files provided but the Town of Prosper.
Task 3 – 30% Schematic Design
a. Site Investigation
After receipt of the site base Halff will con duct one (01} site investigation study related to the site visit to
confirm all existing improvements have been included on the base plan.
b. 30% Schematic
Based upon the site inventory, site analysis, and the project kick -off meeting, Halff will update the landscape
schematic plan prepared as a part of the application process to h elp communicate the design intent and
vision of the project.
c. Town Review Meeting
Halff will conduct one (01) 30% Schematic review meeting with the Town to present and review the proposed
schematic plan. The time and place of the meetings will be organi zed and set up by Town of Prosper.
d. Final 30% Schematic Plan
Based upon comments received from Town staff, Halff will refine the 30% schematic plan. Final 30%
schematic plan will be a colored rendered plan for use at the Town Council presentation. The final 30%
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Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 7 OF 15
schematic plan shall be the basis for the development of con struction documents.
e. Cost Estimating
The opinion of probable construction cost prepared for the grant application will be updated and submitted
with to the 30% schematic plan. Estimate shall be updated using unit costs from recent TxDOT bid results
for similar projects.
Task 4 - Construction Document Preparation
Based on the 30% schematic plan approved by the Town , Halff shall prepare, for approval by TxDOT , a complete
set of landscape construction documents and specifications as defined below. Halff shall prepare one 11x17 pdf
file copy of drawings for review and comment by the Town. For TxDOT review, Halff will print three 11x17 sets of
drawings and bound specification books. Drawings and specifications shall be submitted electronically at 60%,
95% and 100% Final submittal stages. Halff will provide the following drawings for submittal:
a. Quantity Summary Sheet and General Notes
A quantity summary sheet will be prepared in TxDOT format th at identifies each bid item and the quantity of
each bid item per sheet. A general notes sheet will also be prepared.
This plan will be sealed by a Registered Landscape Architect
b. Demolition Plan
Prepare a 60% and 95% review se t and a 100% Final set of plan s for existing conditions and demolition.
The plans will be sealed by a Registered Landscape Architect
c. Hardscape Plan
Prepare a 60% and 95% review set and a 100% Final set of hardscape plans that identify the location of
concrete mow strips.
The plans wil l be sealed by a Registered Landscape Architect
d. Planting Plan
Prepare a 60% and 95% review set and a 100% Final set of plans and specifications for Planting Design.
Planting plans shall identify the quantity size and location of trees, shrubs, ground cover / native grass and
decorative hardscape materials such as decomposed granite and gravel.
The trees proposed in the plans will be selected from the Town list of recommended trees and all selections
will be submitted for a pproval as needed and will be desi gned in accordance with the Town of Prosper
standards.
These plans will also include planting details and notes
The plans will be sealed by a Registered Landscape Architect
Page 19
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 8 OF 15
e. Irrigation Plan
Prepare irrigation plans for the watering of trees (bubblers) and planter beds (drip) proposed in the Planting
plans. The plan will indicate a complete layout and design for an underground, automated irrigation system.
The plan will show coverage and proper zoning of the irrigation sy stem to maximize efficient water use . Halff
will coordinate pressure data requirements with the Town Water Department and use such data in the design
of the irrigation systems. Pressure readings at the site, if required, will be made by the Town. Plans wil l also
include irrigation details, n otes and pressure loss tables.
The plans will be sealed by a Licensed Irrigator.
f. Traffic Control Plans and Details
Traffic control plans will be prepared to identify the location of traffic control measures on US 380 during
construction. Incorporate standa rd TxDOT traffic control details and notes on the plans.
These plans will be sealed by a Professional Engineer.
g. Environmental Permitting Plans, Details and EPIC sheet
Environmental permitting plans will identify the location of erosion control measures. In corporate standard
TxDOT erosion control details and notes on the plans. This task will also include the preparatio n of the TxDOT
EPIC sheet.
These plans will be sealed by a Professional Engineer.
h. Cost Estimating, Specifications and Project Manual
Prepare the project manual with TxDOT technical specifications for the tree plantings, landscaping and
irrigation. A draft project manual will be included at all submittal stages in the project for review and comment
by Prosper staff and TxDOT. The Town and TxDO T will provide Halff with standard "boilerplate" contract
documents for incorporation into the project manual. Halff will also update the 30% opinion of probable
construction cost and will include it with the 60%, 95% and 100% final review plans and specifications.
III. SPECIAL SERVICES
Task 5 – Bidding Assistance
a. Pre-Bid Meeting
Halff will participate in the pre -bid meeting to describe the project design and expectations to prospective
bidders.
b. Bid Document Distribution
Halff will prepare bid documents for d igital distribution by others. The bid set will consist of digital PDF
copies of both the plans and specifications.
Page 20
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 9 OF 15
c. Bid Process Coordination:
Halff will assist the Town of Prosper during the bidding process by addressing technical questions and
bidder inquiries during the time of bidding. Halff will prepare addenda for issua nce and distribution to the
bidders by the Town of Prosper.
d. Bid Opening:
Halff will attend the bid opening and prepare a tabulation of bid results.
e. Bid Review:
Halff will assist the Town of Prosper in evaluating the bid results and will provide a recommend ation for
contract award.
Task 6 – Construction Services
a. Construction Administration
Construction administration shall include preparation and attendance at a pre -construction conference,
attendance at up to two (2) meetings during construction and review and approval of hardscape, planting and
irrigation submittals. Halff will also be responsible for answering Contractor generated RFl's (Request for
Information) by either issu ing a change order or change directive.
b. Construction Observation
Construction observation shall include bi -weekly (every two weeks) site visits to observe construction
progress. A site visit report will be prepared to record observations.
c. Substantial and Final Observation
At substantial completion a punch list will be prepared to document deficient construction items that will need
to be addressed. A final observation will take place to review completion of the substantial completion punch
list.
Task 7 - Record Drawings
a. Final Record Drawings
Halff will prepare Final Re cord Drawings of the construction plans using mark -ups submitted by the
Contractor. Halff will produce a PDF of the as -recorded drawings and provide a CD copy to the Town.
IV. DIRECT EXPENSES
Task 8– Reimbursable
a. Expenses
Halff shall include, but are not necessarily limited to expenses for supplies, transportation, equipment, travel,
communication, printing of plans and specifications, presentation boards, graphic boards and similar
incidentals necessary to complete the project.
Page 21
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 10 OF 15
V. DELIVERABLES
Task 1 - Project Management 7 meetings
Task 2 – Data Compilation CAD Base Files
Task 3 – 30% Schematic Design 30% schematic plan
Task 4 - Construction Document 60%, 95% & 100% plans and estimates
Task 5 – Bidding Services Pre-Bid & Bid-Open meeting
Task 6 –Construction Services Construction Administration & Observation
Task 7 – Record Drawings Electronic set for printing, CAD files
Task 8 – Reimbursables Expenses for supplies and mileage
VI. ADDITONAL SERVICES
Additional Services not included in the Proposed Scope of Work will be negotiated with the TOWN as needed.
Compensation will be based upon a mutually agreed lump sum fee or an hourly rate as show n below. Items that
are considered additional services include:
1. Client generated changes to the design once Construction Document Preparation is in progress. Time will be billed at an
hourly rate, per a proposal approved by the Client, until the work is at the same level of completion as it was prior to the
change.
2. Design of areas outside the limits of the project site.
3. Additions to the project scope or budget that causes additional work.
4. Additional meetings or workshops not identified in the project scope.
5. Revisions to the plans requested by the Client after the plans are approved in writing, unless necessitated by discrepancy
in the plans.
6. Permit fees, filing fees, pro-rated fees, impact fees, taxes, and federal and/or state regulatory agency review fees.
7. Design of gas, telephone or other utility improvements.
8. Submittal coordination meetings, except as noted herein.
9. Printing of drawings, specification and contract documents except as noted herein.
10. Full -time construction inspection.
11. Graphic products except as noted herein.
12. Quality control and material testing services during construction except for submittal reviews.
13. Traffic Engineering reports or studies.
14. Construction staking.
15. Design of major existing utility relocations or modifications.
16. Negotiations/agreem ents with adjacent property owners.
17. Plat or final plat preparation.
18. Analysis or coordination not specifically included in the Scope of Services.
19. Any additional work not specifically included in the Proposed Scope of Work will be accomplished as Additional Services.
20. Preparation of any special interim sets of Construction documents for phased construction other than previously stated.
21. Preparation or submittal of any design calculations.
22. Printing of Drawings and Specifications for Bidding
23. Coordination with insurance companies, attorneys, or banking institutions.
24. Evaluation or re-design of value engineering proposed by the contractor.
25. Additional labor or overtime to complete the project, due to lack of information provided in a timely manner.
26. Modifications to documents after documents are issued for construction.
27. Modification to documents to meet budgeting constraints of other disciplines.
28. Significant design revisions following substantial completion of the Construction Documents, which are not due to
design errors or omissions.
Page 22
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 11 OF 15
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE TOWN OF PROSPER, TEXAS & HALFF ASSOCIATES, INC.
FOR
US380 GREEN RIBBON LANDSCAPE ENHANCMENTS PROJECT (2150-PK)
I. COMPENSATION SCHEDULE
Task Completion Sched ule Compensation
Schedule
Notice-to-Proceed November 2021
Task 1 - Project Management On Going $10,000.00
Task 2 – Data Compilation December 2021 $12,000.00
Task 3 – 30% Schematic Design January 2022 $5,000.00
Task 4 – Construction Documents June 2022 $43,000.00
Task 5 – Bidding Assistance July 2022 $ 3,000.00
Task 6 – Construction Services November 2022 $ 15,000.00
Task 7 – Record Drawings December 2022 $ 2,000.00
Task 8 - Reimbursables On Going $5,0 00.00
Total Compensation $95,000.00
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 - Project Management $ 10,000.00
Task 2 – Data Compilation $ 12,000.00
Task 3 – 30% Schematic Design $ 5,0 00.00
Task 4 – Construction Documents $ 43,000.00
Total Compensation $70,000.00
Special Services (Hourly) Amount
Task 5 – Bidding Assistance $ 3,000.00
Task 6 – Construction Services $ 15,000.00
Task 7 – Record Drawings $ 2,000.00
Total Special Services: $20,000.00
Direct Expenses Amount
Task 8 - Reimbursables $5,0 00.00
Total Direct Expenses: $5,0 00.00
Page 23
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 12 OF 15
EXHIBIT C
INSURANCE REQUIREMENTS
Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to person s or
damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his
agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A
certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any
services being performed or rendered. Renewal certificates shall also be supplied upon expiration.
A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only,
“claims made” forms are unacceptable, except for professional liability.
2. Workers Compensation insurance as required by the Labor Code of the State of Texas, incl uding Employers’
Liability Insurance.
3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles.
Automobile Liability is only required if vehicle(s) will be used under this contract.
4. Professional Liability, also known as E rrors and Omissions coverage.
B. MINIMUM LIMITS OF INSURANCE
Service Provider shall maintain throughout contract limits not less than:
1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily
injury, personal injury and property damage. Policy will include coverage for:
a. Premises / Operations
b. Broad Form Contractual Liability
c. Products and Completed Operations
d. Personal Injury
e. Broad Form Property Damage
2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code
of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000
Disease- Policy Limit, and $100,000 Disease- Each Employee.
3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town.
Automobile liability shall apply to all owned, hired, and non-owned autos.
4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate.
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.
Page 24
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 13 OF 15
D. OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain the following provisions:
1. General Liability and Automobile Liability Coverages
a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added
as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the
provider, products and completed operations of the provider, premises owned, occupied or used by
the provider. The coverage shall contain no special limitations on the scope of protection afforded to
the Town, its officers, officials, employees or volunteers.
b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers,
officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its
officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall
not contribute with it.
c. Any failure to comply with reporti ng provisions of the policy shall not affect coverage provided to the
Town, its officers, officials, employees, boards and commissions or volunteers.
d. The provider’s insurance shall apply separately to each insured against whom the claim is made or
suit is brought, except to the insured’s limits of liabili ty.
2. Workers Compensation and Employer’s Liability Coverage:
The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees
and volunteers for losses arising from work performed by the provider for the Town.
3. All Coverages:
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended,
voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written
notice to the Town for all occurrences, ex cept 10 days written notice to the Town for non-payment.
4. Professional Liability and / or Errors and Omissions:
“Claims made” policy is acceptable cover age, which must be maintained during the course of the project, and
up to two (2) years after completion and acceptance of the project by the Town.
E. ACCEPTABILITY OF INSURERS
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.
F. VERIFICATION OF COVERAGE
Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates
are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar
to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance.
The Town reserves the right to require complete, certified copies of all required insurance policies at any time.
Certificate holder to be listed as follows: Town of Prosper
P.O. Box 307
Prosper, TX 75078
Page 25
Item 3.
Page 26
Item 3.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 10/20 PAGE 15 OF 15
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Page 27
Item 3.
PRESTON RDPRESTON RDDALLAS NORTH TOLLWAYMAHARD PKWYLOVERS LNRAINBOW RIVER ROCK
SHADE TREES
ORNAMENTAL GRASS
ORNAMENTAL TREES
EXISTING TURF
MOW STRIP
ENLARGEMENT A
TYPICAL MEDIAN DESIGN
SEE ENLARGEMENT A BELOW
LIMITS OF LANDSCAPE AND IRRIGATION IMPROVEMENTS (+/- 1.05 MI)
0 400 800
800’
1600
PROSPER, TEXAS
JULY 1. 2021
US 380 | LOCATION PLAN AND MEDIAN CONCEPT
GREEN RIBBON LANDSCAPE ENHANCEMENTS
Page 28
Item 3.
Page 1 of 1
To: Mayor and Town Council
From: Hulon T. Webb, Jr., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Pipeline License Agreement
between BNSF Railway Company, and the Town of Prosper, Texas, related to the construction of
drainage improvements at the BNSF Railroad for the downtown apartment and townhome projects
along McKinley Street.
Description of Agenda Item:
In March 2021, the Town Council approved a Development Agreement between BBG
Investments, Inc., and the Town of Prosper which required the developer to design and construct
drainage improvements under the existing BNSF Railroad to serve the proposed downtown
apartment and townhome projects along McKinley Street. In order to install the drainage
improvements within the BNSF corridor, a Pipeline License Agreement is required to be executed
by both the Town of Prosper and BNSF Railway Company.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Pipeline License Agreement
Town Staff Recommendation:
Staff recommends the Town Council authorize the Town Manager to execute a Pipeline License
Agreement between BNSF Railway Company, and the Town of Prosper, Texas, related to the
construction of drainage improvements at the BNSF Railroad for the downtown apartment and
townhome projects along McKinley Street.
Proposed Motion:
I move to authorize the Town Manager to execute a Pipeline License Agreement between BNSF
Railway Company, and the Town of Prosper, Texas, related to the construction of drainage
improvements at the BNSF Railroad for the downtown apartment and townhome projects along
McKinley Street.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 29
Item 4.
Jones Lang LaSalle Brokerage, Inc.
4200 Buckingham Rd., Suite 110
Fort Worth, Texas 76155
tel +1 817-230-2600, fax +1 817 306-8265
October 22, 2021
Town of Prosper 21W-10270
Attention: Mr. Dan Heischman
250 W. First Street
Prosper, TX 75078
Dear Mr. Heischman:
Attached please find a copy of the requested contract for execution by an official authorized to execute contract
agreements on behalf of your company. Please print one (1) copy, execute, and return copy with original
signature for completion on part of BNSF Railway Company (“BNSF”) to this office, along with the following
requirements:
Submit payment by credit card in the amount of $25,900.00 to https://bnsf.railpermitting.com which
covers the contract fee.
Please note the agreements cannot be executed by BNSF without an approved insurance certificate. If there are
any issues with your insurance, you will be contacted by a member of the Risk Management team of BNSF
Railway.
1. A Certificate of Insurance as required in the agreement.
2. A separate policy for Railroad Protective Liability Insurance as required in the agreement (ORIGINAL
POLICY MUST BE PROVIDED). BNSF Railway Company will be the only insured party; OR;
In lieu of providing a separate policy for Railroad Protective Liability Insurance, you may participate in the
BNSF’s Railroad Protective Policy by checking the appropriate box in the contract and including an additional
$1,266.00 with your payment.
PLEASE ADVISE IF THIS PROJECT IS ARRA FUNDED.
Licensee must ensure that each of its employees, contractors, agents or invitees entering upon the premises
completes the safety orientation program at the website www.BNSFcontractor.com prior to entering upon the
premises. The certification is good for one year, and each person entering the premises must possess the card
certifying completion.
Acceptance and deposit of any check by BNSF does not constitute an agreement between BNSF and Licensee
for the requested license. BNSF shall not be obligated to hold the check in a separate fund, but may commingle
the funds with other funds of BNSF, and in no event shall BNSF be responsible for interest on said funds.
The enclosed permit is not a binding agreement and shall become binding only when, and if, it is executed by you
and fully approved and executed by BNSF Railway Company. Upon completion on behalf of BNSF, one fully
executed counterpart will be returned for your records.
The specifications/plans you provided may differ from BNSF’s minimum specification
requirements. Therefore, prior to your installation, please review the Exhibit A to determine the
specifications necessary for your installation.
Please be informed that if contracts, fees, and insurance are not returned within sixty (60) days, the processing
fee will increase to $800.00.
Sincerely,
Kelly Schronk
Kelly Schronk
Permit Manager
Attachment Page 30
Item 4.
Tracking #21W-10270
- 1 - Form 424; Rev. 20200605
PIPELINE LICENSE
THIS PIPELINE LICENSE ("License") is made to be effective ____________, 20__ (the "Effective Date")
by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Licensor") and Town of Prosper, a
Texas Municipality ("Licensee").
In consideration of the mutual covenants contained herein, the parties agree to the following:
GENERAL
1. Grant of License. Licensor hereby grants Licensee a non-exclusive license, subject to all rights, interests,
and estates of third parties, including, without limitation, any leases, use rights, easements, liens, or other
encumbrances, and upon the terms and conditions set forth below, to construct and maintain, in strict
accordance with the drawings and specifications approved by Licensor as part of Licensee's application
process (the "Drawings and Specifications"), seven (7) RCP pipelines, 72 inches in diameter
(collectively, the "Pipeline"), across or along Licensor's rail corridor at or near the station of Prosper,
County of Collin, State of Texas, Line Segment 1046, Mile Posts 679.632, 679.634, 679.636, 679.638,
679.640 and 679.642 as shown on the attached Drawing No. 81633, dated October 22, 2021, attached
hereto as Exhibit "A" and incorporated herein by reference (the "Premises").
2. Term. This License shall commence on the Effective Date and shall continue for a period of twenty-five
(25) years, subject to prior termination as hereinafter described.
3. Existing Improvements. Licensee shall not disturb any improvements of Licensor or Licensor's existing
lessees, licensees, easement beneficiaries or lien holders, if any, or interfere with the use, repair,
maintenance or replacement of such improvements.
4. Use of the Premises. Licensee shall use the Premises solely for construction, maintenance, and use of
the Pipeline in accordance with the Drawings and Specifications. The Pipeline shall carry Storm Water,
and Licensee shall not use the Pipeline to carry any other material or use the Premises for any other
purpose. Licensee is expressly prohibited from using or allowing any telecommunication facilities or
equipment within the Premises, or using or allowing the use of the Premises for any other purpose.
5. Alterations. Except as set forth in this License, Licensee may not make any alterations to the Premises
or permanently affix anything to the Premises or any buildings or other structures adjacent to the Premises
without Licensor's prior written consent.
COMPENSATION
6. License Fee. Licensee shall pay Licensor, prior to the Effective Date, a one-time payment (in lieu of
recurring periodic fixed license fees) in the amount the sum of Twenty-Five Thousand Nine Hundred
and No/100 Dollars ($25,900.00) as compensation for the use of the Premises.
7. Costs and Expenses.
7.1 For the purpose of this License, "cost" or "costs" and "expense" or "expenses" includes, but is not
limited to, actual labor and material costs including all assignable additives, and material and
supply costs at current value where used.
7.2 Licensee agrees to reimburse Licensor (pursuant to the terms of Section 8 below) for all costs
and expenses incurred by Licensor in connection with Licensee's use of the Premises or the
presence, construction and maintenance of the Pipeline, including but not limited to the furnishing
of Licensor's flaggers and any vehicle rental costs incurred, inspection coordination, safety,
mobilization and/or other observation services described in this License (collectively, the
"Services"). Licensee shall bear the cost of the Services, when deemed necessary by Licensor's
representative. Flagging costs shall include, but not be limited to, the following: pay for at least
an eight (8) hour basic day with time and one-half or double time for overtime, rest days and
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holidays (as applicable); vacation allowance; paid holidays (as applicable); railway and
unemployment insurance; public liability and property damage insurance; health and welfare
benefits; transportation; meals; lodging and supervision. Negotiations for railway labor or
collective bargaining agreements and rate changes authorized by appropriate Federal authorities
may increase flagging rates. Flagging rates in effect at the time of performance by the flaggers
will be used to calculate the flagging costs pursuant to this Section 7.
7.3 Licensor, at its sole discretion, may elect to designate a third party (the "Scheduling Agent"), to
perform and/or arrange for the performance of the Services.
8. Payment Terms. All invoices are due thirty (30) days after the date of invoice. If Licensee fails to pay
any monies due to Licensor within thirty (30) days after the invoice date, then Licensee shall pay interest
on such unpaid sum from the due date until paid at an annual rate equal to the lesser of (i) the prime rate
last published in The Wall Street Journal in the preceding December plus two and one-half percent (2-
1/2%), or (ii) the maximum rate permitted by law.
LICENSOR'S RESERVED RIGHTS
9. Reserved Rights of Use. Licensor excepts and reserves the right, to be exercised by Licensor and any
other parties who may obtain written permission or authority from Licensor:
9.1 to maintain, use, operate, repair, replace, modify and relocate any utility, power or communication
pipe/lines/cables and appurtenances (other than the Pipeline) and other facilities or structures of
like character upon, over, under or across the Premises existing as of the Effective Date;
9.2 to construct, maintain, renew, use, operate, change, modify and relocate any tracks or additional
facilities, structures and related appurtenances upon, over, under or across the Premises; or
9.3 to use the Premises in any manner as Licensor in its sole discretion deems appropriate, provided
Licensor uses all commercially reasonable efforts to avoid material interference with the use of
the Premises by Licensee for the purpose specified in Section 4 above.
10. Right to Require Relocation. If at any time during the term of this License, Licensor desires the use of its
rail corridor in such a manner as would, in Licensor's reasonable opinion, be interfered with by the
Pipeline, Licensee shall, at its sole expense, within thirty (30) days after receiving written notice from
Licensor to such effect, make such changes in the Pipeline as in the sole discretion of Licensor may be
necessary to avoid interference with the proposed use of Licensor's rail corridor, including, without
limitation, the relocation of the Pipeline, or the construction of a new pipeline to replace the Pipeline.
Notwithstanding the foregoing, Licensee agrees to make all emergency changes and minor adjustments,
as determined by Licensor in its sole discretion, to the Pipeline promptly upon Licensor's request.
LICENSEE'S OPERATIONS
11. Construction and Maintenance of the Pipeline.
11.1 Licensee shall not enter the Premises or commence construction unless accompanied by
Licensor's representative, the Scheduling Agent or its designee. Licensee shall notify Licensor's
Roadmaster, Marc Russell at Marc.Russell@bnsf.com, telephone 817-528-1785, at least ten (10)
business days prior to installation of the Pipeline and prior to entering the Premises for any
subsequent maintenance thereon. In the event of emergency, Licensee shall notify Licensor of
Licensee's entry onto the Premises at the telephone number above as soon as practicable and
shall promptly thereafter follow up with written notice of such entry.
11.2 Licensee's on-site supervisors shall retain/maintain a fully executed copy of this License at all
times while on the Premises.
11.3 While on the Premises, Licensee shall use only public roadways to cross from one side of
Licensor's tracks to the other.
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11.4 Any contractors or subcontractors performing work on the Pipeline or entering the Premises on
behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License.
11.5 Under no conditions shall Licensee be permitted to conduct any tests, investigations or any other
activity using mechanized equipment and/or machinery, or place or store any mechanized
equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad
track on the Premises unless Licensee has obtained prior written approval from Licensor.
Licensee shall, at its sole cost and expense, perform all activities on and about the Premises,
including without limitation all construction and maintenance of the Pipeline, in such a manner
and of such materials as not at any time to endanger or interfere with (i) the existence or use of
present or future tracks, roadbeds, or property of Licensor, (ii) the safe operation and activities of
Licensor or existing third parties, or (iii) the rights or interests of third parties. If ordered to cease
using the Premises at any time by Licensor's personnel due to any hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to monitor Licensee's use of the Premises to determine the
safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is safe. Neither the exercise nor the failure by Licensor to exercise any rights granted
in this Section will alter the liability allocation provided by this License.
11.6 Licensee shall, at its sole cost and expense, construct and maintain the Pipeline in such a manner
and of such material that the Pipeline will not at any time endanger or interfere with (i) the
existence or use of present or future tracks, roadbeds, or property of Licensor, (ii) the safe
operation and activities of Licensor or existing third parties, or (iii) the rights or interests of third
parties. The construction of the Pipeline shall be completed within one (1) year of the Effective
Date, and any subsequent maintenance shall be completed within one (1) year of initiation. Within
fifteen (15) days after completion of the construction of the Pipeline or the performance of any
subsequent maintenance thereon, Licensee shall, at Licensee's own cost and expense, restore
the Premises to substantially their state as of the Effective Date, unless otherwise approved in
advance by Licensor in writing. On or before expiration or termination of this License for any
reason, Licensee shall, at its sole cost and expense, surrender the Premises to Licensor pursuant
to the terms and conditions set forth in Section 24 hereof.
11.7 Licensor may direct one or more of its field engineers or inspectors to observe or inspect the
construction and/or maintenance of the Pipeline at any time for compliance with the Drawings
and Specifications and Legal Requirements (defined below). Licensee shall reimburse Licensor
for the cost of such observation or inspection related services pursuant to Section 8. If ordered
at any time to halt construction or maintenance of the Pipeline by Licensor's personnel due to
non-compliance with the Drawings and Specifications or any other hazardous condition, Licensee
shall immediately do so. Notwithstanding the foregoing right of Licensor, the parties agree that
Licensor has no duty or obligation to observe or inspect, or to halt work on, the Pipeline, it being
solely Licensee's responsibility to ensure that the Pipeline is constructed and maintained in strict
accordance with the Drawings and Specifications and in a safe and workmanlike manner in
compliance with all terms hereof. Neither the exercise of, nor the failure by Licensor to exercise,
any right granted by this Section will alter in any way the liability allocation provided by this
License. If at any time Licensee shall, in the sole judgment of Licensor, fail to properly perform
its obligations under this Section 11, Licensor may, at its option and at Licensee's sole expense,
arrange for the performance of such work as it deems necessary for the safety of its operations
and activities. Licensee shall promptly reimburse Licensor for all costs and expenses of such
work, pursuant to the terms of Section 8. Licensor's failure to perform any obligations of Licensee
shall not alter the liability allocation hereunder.
12. Boring and Excavation.
12.1 Prior to Licensee conducting any boring, excavation, or similar work on or about any portion of
the Premises, Licensee shall contact the applicable State's call-before-you-dig utility location
service to have 3rd parties mark the location of utilities. Licensee shall explore the proposed
location for such work with hand tools to a depth of at least three (3) feet below the surface of the
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ground to determine whether pipelines or other structures exist below the surface, provided,
however, that in lieu of the foregoing hand-tool exploration, Licensee shall have the right to use
suitable detection equipment or other generally accepted industry practice (e.g., consulting with
the United States Infrastructure Corporation) to determine the existence or location of pipelines
and other subsurface structures prior to drilling or excavating with mechanized equipment.
Licensee shall request information from Licensor concerning the existence and approximate
location of Licensor's underground lines, utilities, and pipelines at or near the vicinity of the
proposed Pipeline by contacting Licensor's Telecommunications Helpdesk, currently at 1-800-
533-2891 (option1, then option 7), at least ten (10) business days prior to installation of the
Pipeline. Upon receiving Licensee's timely request, Licensor will provide Licensee with the
information Licensor has in its possession regarding any existing underground lines, utilities, and
pipelines at or near the vicinity of the proposed Pipeline and, if applicable, identify the location of
such lines on the Premises pursuant to Licensor's standard procedures. Licensor does not
warrant the accuracy or completeness of information relating to subsurface conditions of the
Premises and Licensee's operations will be subject at all times to the liability provisions herein.
12.2 For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of
rail, a soil investigation must be performed by Licensee and reviewed by Licensor prior to
construction. This study is to determine if granular material is present, and to prevent subsidence
during the installation process. If the investigation determines in Licensor's reasonable opinion
that granular material is present, Licensor may select a new location for Licensee's use, or may
require Licensee to furnish for Licensor's review and approval, in Licensor's sole discretion, a
remedial plan to deal with the granular material. Once Licensor has approved any such remedial
plan in writing, Licensee shall, at Licensee's sole cost and expense, carry out the approved plan
in accordance with all terms thereof and hereof.
12.3 No wells shall be installed without prior written approval from Licensor.
12.4 Any open hole, boring, or well constructed on the Premises by Licensee shall be safely covered
and secured at all times when Licensee is not working in the actual vicinity thereof. Following
completion of that portion of the work, all holes or borings constructed on the Premises by
Licensee shall be:
12.4.1 filled in to surrounding ground level with compacted bentonite grout; or
12.4.2 otherwise secured or retired in accordance with any applicable Legal Requirement. No excavated
materials may remain on Licensor's property for more than ten (10) days, but must be properly
disposed of by Licensee in accordance with applicable Legal Requirements.
LIABILITY AND INSURANCE
13. Liability and Indemnification.
13.1 For purposes of this License: (a) "Indemnitees" means Licensor and Licensor's affiliated
companies, partners, successors, assigns, legal representatives, officers, directors,
shareholders, employees, and agents; (b) "Liabilities" means all claims, liabilities, fines,
penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments, and
expenses (including, without limitation, court costs, reasonable attorneys' fees, costs of
investigation, removal and remediation, and governmental oversight costs) environmental or
otherwise; and (c) "Licensee Parties" means Licensee and Licensee's officers, agents, invitees,
licensees, employees, or contractors, or any party directly or indirectly employed by any of them,
or any party they control or exercise control over.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE SHALL, AND SHALL CAUSE
ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS
INDEMNITEES FOR, FROM, AND AGAINST ANY AND ALL LIABILITIES OF ANY NATURE,
KIND, OR DESCRIPTION DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM, OR RELATED TO (IN WHOLE OR IN PART):
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13.2.1 THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL
PROVISIONS,
13.2.2 ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE,
13.2.3 LICENSEE'S OCCUPATION AND USE OF THE PREMISES,
13.2.4 THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY
OR CONTRIBUTED TO BY LICENSEE, OR
13.2.5 ANY ACT OR OMISSION OF ANY LICENSEE PARTY.
13.3 TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSEE NOW AND FOREVER WAIVES
AND WILL INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM ANY
AND ALL CLAIMS THAT BY VIRTUE OF ENTERING INTO THIS LICENSE, LICENSOR IS A
GENERATOR, OWNER, OPERATOR, ARRANGER, OR TRANSPORTER FOR THE
PURPOSES OF THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT, AS AMENDED ("CERCLA") OR OTHER ENVIRONMENTAL LAWS
(DEFINED BELOW). NOTHING IN THIS LICENSE IS MEANT BY EITHER PARTY TO
CONSTITUTE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER DEFENSES AND
THIS LICENSE SHOULD NOT BE SO CONSTRUED. IF ANY AGENCY OR COURT
CONSTRUES THIS LICENSE TO BE A WAIVER OF ANY INDEMNITEE'S COMMON CARRIER
DEFENSES, LICENSEE AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND
INDEMNITEES FOR ANY LIABILITIES RELATED TO THAT CONSTRUCTION OF THIS
LICENSE. IN NO EVENT AS BETWEEN LICENSOR AND LICENSEE AS TO USE OF THE
PREMISES AS CONTEMPLATED BY THIS LICENSE SHALL LICENSOR BE RESPONSIBLE
TO LICENSEE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES.
13.4 IF ANY EMPLOYEE OF ANY LICENSEE PARTY ASSERTS THAT HE OR SHE IS AN
EMPLOYEE OF ANY INDEMNITEE, TO THE FULLEST EXTENT PERMITTED BY LAW,
LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY,
DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY
LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH
ASSERTION INCLUDING, BUT NOT LIMITED TO, ASSERTIONS OF EMPLOYMENT BY AN
INDEMNITEE RELATED TO THE FOLLOWING OR ANY PROCEEDINGS THEREUNDER:
THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE
LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE
RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR
FEDERAL STATUTE.
13.5 THE FOREGOING OBLIGATIONS OF LICENSEE SHALL NOT APPLY TO THE EXTENT
LIABILITIES ARE PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF ANY INDEMNITEE, BUT SHALL APPLY TO ALL OTHER LIABILITIES,
INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER ALLEGED OR
ACTUAL NEGLIGENCE, INTENTIONAL ACTS, OR STRICT LIABILITY OF ANY INDEMNITEE.
13.6 Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit or other
proceeding brought against any Indemnitee by any entity, relating to any matter covered by this
License for which Licensee has an obligation to assume liability for and/or save and hold harmless
any Indemnitee. Licensee shall pay all costs and expenses incident to such defense, including,
but not limited to, reasonable attorneys' fees, investigators' fees, litigation and appeal expenses,
settlement payments, and amounts paid in satisfaction of judgments.
14. Personal Property Risk of Loss. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO,
FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK
OF LICENSEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR
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THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY
INDEMNITEE.
15. Insurance. Licensee shall, at its sole cost and expense, procure and maintain during the term of this
License the following insurance coverage:
15.1 Commercial General Liability “CGL” Insurance.
a. The policy will provide a minimum of $5,000,000 per occurrence and an aggregate limit of at
least $10,000,000 but in no event will the coverage be in an amount less than the amount
otherwise carried by Licensee. Coverage must be purchased on a post 2004 ISO occurrence
form or equivalent and include coverage for, but not limited to, the following:
Bodily Injury and Property Damage
Personal Injury and Advertising Injury
Fire legal liability
Products and completed operations
Sudden and accidental pollution coverage
Contractual Liability for an “Insured Contract” consistent with the definition under the
standard ISO general liability policy form.
b. This policy will include the following endorsements or language, which shall be indicated on
or attached to the certificate of insurance:
The definition of “Insured Contract” will be amended to remove any exclusion or other
limitation for any work being done within 50 feet of Licensor’s property;
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor and Jones Lang
LaSalle Brokerage, Inc. to include coverage for ongoing and completed operations;
Separation of insureds;
The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
c. The parties agree that the workers’ compensation and employers’ liability related exclusions
in the CGL policy(s) are intended to apply to employees of the policyholder and will not apply
to Licensor’s employees.
d. No other endorsements that limit coverage with respect to Licensee’s obligations under this
agreement may be included on the policy.
15.2 Business Automobile Insurance.
a. The insurance will provide minimum coverage with a combined single limit of at least
$1,000,000 per accident, and include coverage for, but not limited to the following:
Bodily injury and property damage.
Any and all vehicles owned, used or hired.
b. The policy will include the following endorsements or language, which will be indicated on or
attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor;
Additional insured endorsement in favor of and acceptable to Licensor;
Separation of insureds;
The policy shall be primary and non-contributing with respect to any insurance carried by
Licensor.
15.3 Workers' Compensation and Employers' Liability Insurance.
a. The policy will provide coverage of all employees performing any part of the installation or
maintenance of the Pipeline including coverage for, but not limited to:
Licensee's statutory liability under the workers' compensation laws of the state(s) in which
the work or services under this agreement are to be performed. The policy will cover all
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of Licensee’s employees, regardless of whether such coverage is optional under the law
of that state(s).
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by
disease policy limit, $500,000 by disease each employee.
b. The policy will include contain the following endorsements or language, which shall be
indicated on or attached to the certificate of insurance:
Waiver of subrogation in favor of and acceptable to Licensor.
15.4 Railroad Protective Liability Insurance. The policy will name only Licensor as the Insured and will
provide coverage of at least $5,000,000 per occurrence and $10,000,000 in the aggregate. The
coverage obtained under this policy shall only be effective during the initial installation and/or
construction of the Pipeline. THE CONSTRUCTION OF THE PIPELINE SHALL BE
COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE. If further maintenance of
the Pipeline is needed at a later date, an additional Railroad Protective Liability Insurance Policy
shall be required. The policy will be issued on a standard ISO form CG 00 35 12 04 and include
the following:
Endorsed to include the Pollution Exclusion Amendment.
Endorsed to include the Limited Seepage and Pollution Endorsement.
Endorsed to remove any exclusion for punitive damages.
Endorsed to include Evacuation Expense Coverage Endorsement.
No other endorsements restricting coverage may be added.
The original policy must be provided to Licensor and Licensee shall not perform any work or
services of any kind under this agreement until Licensor has reviewed and approved the
policy.
The definition of "Physical Damage to Property" will be endorsed to read: "means direct and
accidental loss of or damage to all property owned by any named insured and all property in
any named insured's care, custody and control (including, but not limited to rolling stock and
their contents, mechanical construction equipment or motive power equipment, railroad
tracks, roadbeds, catenaries, signals, tunnels, bridges and buildings) arising out of the acts
or omissions of the contractor named on the Declarations."
In lieu of providing a Railroad Protective Liability Policy, for a period of one (1) year from the
Effective Date, Licensee may participate in Licensor's Blanket Railroad Protective Liability
Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as
above. The cost is $1,266.00.
Licensee may elect to participate in Licensor's Blanket Policy;
Licensee declines to participate in Licensor's Blanket Policy.
15.5 Intentionally deleted.
15.6 Other Requirements:
15.6.1 Where allowable by law, no exclusion for punitive damages may be included in any policy.
15.6.2 Licensee agrees to waive its right of recovery against Licensor for all claims and suits
against Licensor. In addition, Licensee's insurers, through the terms of the policy or policy
endorsement, waive their right of subrogation against Licensor for all claims and suits.
Licensee further waives its right of recovery, and its insurers also waive their right of
subrogation against Licensor for loss of Licensee's owned or leased property or property
under Licensee's care, custody, or control.
15.6.3 Allocated Loss Expense, including but not limited to defense costs and expenses, will be
in addition to all policy limits for coverage under the insurance requirements.
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15.6.4 Licensee is not allowed to self-insure without the prior written consent of Licensor. If
Licensor allows Licensee to self-insure, Licensee shall directly cover any self-insured
retention or other financial responsibility for claims in lieu of insurance. Any and all
Licensor liabilities that would otherwise be covered by Licensee's insurance in
accordance with the provisions of this agreement, will be covered as if Licensee elected
not to include a self-insured retention or other financial responsibility for claims.
15.6.5 Prior to entering the Premises or commencing any work related to the installation or
subsequent maintenance of the Pipeline, Licensee shall furnish to Licensor an acceptable
certificate(s) of insurance from an authorized representative evidencing the required
coverage(s), endorsements, and amendments.
15.6.6 Licensee shall notify BNSF in writing at least 30 days prior to any cancellation, non-
renewal, substitution or material alteration of any insurance requirement.
15.6.7 Any insurance policy shall be written by a reputable insurance company acceptable to
Licensor or with a current Best's Guide Rating of A- and Class VII or better, and
authorized to do business in the state(s) in which the service is to be provided.
15.6.8 If the coverage provided by any of the insurance policies required by this agreement is
purchased on a "claims made" basis, Licensee hereby agrees to maintain coverage in
force for a minimum of three years after expiration, cancellation or termination of this
agreement.
15.6.9 Licensee agrees to provide evidence to Licensor that it has the required coverage in place
at least annually or in the event of a renewal or material change of coverage
15.6.10 Licensee represents that this License has been thoroughly reviewed by Licensee's
insurance agent(s)/broker(s), and that Licensee has instructed them to procure the
insurance coverage required by this License.
15.6.11 Not more frequently than once every five years, Licensor may, at its discretion,
reasonably modify the insurance requirements to reflect the then-current risk
management practices in the railroad industry and underwriting practices in the insurance
industry.
15.6.12 If Licensee will subcontract any portion of the operation, Licensee shall require that the
subcontractor provide and maintain insurance coverage(s) as set forth herein, naming
Licensor as an additional insured. In addition, Licensee shall require that the
subcontractor shall release, defend and indemnify Licensee to the same extent and under
the same terms and conditions as Licensee is required to release, defend and indemnify
Licensor under this agreement.
15.6.13 Failure to provide evidence as required by this section shall entitle, but not require,
Licensor to terminate this License immediately. Acceptance of a certificate that does not
comply with this section shall not operate as a waiver of Licensee's obligations hereunder.
15.6.14 The fact that Licensee obtains insurance (including, without limitation, self-insurance)
shall not release or diminish Licensee’s liabilities or obligations including, without
limitation, the liabilities and obligations under the indemnity provisions of the License.
Damages recoverable by Licensor shall not be limited by the amount of the required
insurance coverage.
15.6.15 In the event of a claim or lawsuit involving BNSF arising out of this Agreement,
Licensee will make the policy covering such claims or lawsuits available to BNSF.
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15.6.16 If Licensee maintains broader coverage and/or higher limits than the minimum
requirements in this Agreement, BNSF requires and shall be entitled to the broader
coverage and/or the higher limits. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to BNSF.
15.6.17 These insurance provisions are intended to be a separate and distinct obligation on the
part of the Licensee. Therefore, these provisions shall be enforceable and Licensee shall
be bound thereby regardless of whether or not indemnity provisions are determined to be
enforceable in the jurisdiction in which the work or services are performed under this
License.
15.6.18 For purposes of this Section 15, Licensor shall mean "Burlington Northern Santa Fe,
LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates
of each.
COMPLIANCE WITH LAWS, REGULATIONS, AND ENVIRONMENTAL MATTERS
16. Compliance with Laws, Rules, and Regulations.
16.1 Licensee shall observe and comply with any and all applicable federal, state, local, and tribal
laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court
of competent jurisdiction ("Legal Requirements") relating to the construction, maintenance, and
use of the Pipeline and the use of the Premises.
16.2 Prior to entering the Premises, Licensee shall and shall cause its contractor(s) to comply with all
of Licensor's applicable safety rules and regulations. Licensee must ensure that each of its
employees, contractors, agents or invitees entering upon the Premises completes the safety
orientation program at the Website "www.BNSFcontractor.com" (the "Safety Orientation") within
one year prior to entering upon the Premises. Additionally, Licensee must ensure that each and
every employee of Licensee, its contractors, agents and invitees possess a card certifying
completion of the Safety Orientation prior to entering upon the Premises. Licensee must renew
(and ensure that its contractors, agents or invitees, as applicable, renew) the Safety Orientation
annually.
16.3 Licensee shall obtain on or before the date it or its contractor enters the Premises, any and all
additional rights-of way, easements, licenses and other agreements relating to the grant of rights
and interests in and/or access to the Premises (collectively, the "Rights") and such other rights,
licenses, permits, authorizations, and approvals (including without limitation, any necessary local,
state, federal or tribal authorizations and environmental permits) that are necessary in order to
permit Licensee to construct, maintain, own and operate the Pipeline and otherwise to perform
its obligations hereunder in accordance with the terms and conditions hereof.
16.4 Licensee shall either require that the initial stated term of each such Rights be for a period that
does not expire, in accordance with its ordinary terms, prior to the last day of the term of this
License or, if the initial stated term of any such Right expires in accordance with its ordinary terms
on a date earlier than the last day of the term of this License, Licensee shall, at its cost, exercise
any renewal rights thereunder, or otherwise acquire such extensions, additions and/or
replacements as may be necessary, in order to cause the stated term thereof to be continued
until a date that is not earlier than the last day of the term of this License.
16.5 Upon the expiration or termination of any Right that is necessary in order for Licensee to own,
operate or use the Pipeline in accordance with the terms and conditions of this License, this
License thereby shall automatically expire upon such expiration or termination of the Right.
17. Environmental.
17.1 Licensee shall strictly comply with Environmental Laws (as defined below). Licensee shall not
maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as
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Item 4.
Tracking #21W-10270
- 10 - Form 424; Rev. 20200605
defined by Environmental Laws on the Premises. Licensee shall not release or suffer the release
of oil or Hazardous Materials (as defined below) on or about the Premises.
17.2 Except as specifically set forth in Section 4 of this License, Licensee covenants that it will not
handle or transport Hazardous Materials through the Pipeline or on Licensor's property. Upon
request by Licensor, Licensee agrees to furnish Licensor with proof, satisfactory to Licensor, that
Licensee is in compliance with the provisions of this Section 17.2.
17.3 Licensee shall give Licensor immediate notice to Licensor's Resource Operations Center at (800)
832-5452 of any known (i) release of Hazardous Materials on, from, or affecting the Premises, (ii)
violation of Environmental Laws, or (iii) inspection or inquiry by governmental authorities charged
with enforcing Environmental Laws with respect to Licensee's use of the Premises. Licensee
shall use its best efforts to immediately respond to any release on, from, or affecting the Premises.
Licensee also shall give Licensor prompt notice of all measures undertaken on behalf of Licensee
to investigate, remediate, respond to or otherwise cure such release or violation.
17.4 If Licensor has notice from Licensee or otherwise of a release or violation of Environmental Laws
arising in any way with respect to the Pipeline which occurred or may occur during the term of
this License, Licensor may require Licensee, at Licensee's sole risk and expense, to take timely
measures to investigate, remediate, respond to or otherwise cure such release or violation
affecting the Premises or Licensor's right-of-way.
17.5 Licensee shall immediately report to Licensor’s Resource Operations Center at (800) 832-5452
any conditions or activities upon the Premises known to Licensee which create a risk of harm to
persons, property or the environment and shall take all reasonable actions necessary to prevent
injury to persons, property, or the environment arising out of such conditions or activities;
provided, however, that Licensee's reporting to Licensor shall not relieve Licensee of any
obligation whatsoever imposed on it by this License. Licensee shall promptly respond to
Licensor's request for information regarding said conditions or activities.
17.6 During the term of this License, Licensor may, at Licensor's option, require Licensee to conduct
an environmental audit, including but not limited to sampling, of the Premises through an
environmental consulting engineer acceptable to Licensor, at Licensee's sole cost and expense,
to determine if any noncompliance or environmental damage to the Premises has occurred during
occupancy thereof by Licensee. The audit shall be conducted to Licensor's satisfaction and a
copy of the audit report shall promptly be provided to Licensor for its review. Licensee shall pay
all expenses for any remedial or corrective action that may be required as a result of said audit to
correct any noncompliance or environmental damage, and Licensee shall diligently pursue and
complete all necessary work prior to termination of this License. Licensee's obligations under this
Section 17.6 shall survive termination of this License.
17.7 Notwithstanding anything in this Section 17, the parties agree that Licensor has no duty or
obligation to monitor Licensee's use of the Premises to determine Licensee’s compliance with
Environmental Laws, it being solely Licensee's responsibility to ensure that Licensee's use of the
Premises is compliant. Neither the exercise nor the failure by Licensor to exercise any rights
granted in this Section will alter the liability allocation provided by this License.
17.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance,
code, rule, regulation, policy, common law, license, authorization, decision, order, or injunction
which pertains to health, safety, any Hazardous Material, or the environment (including but not
limited to ground, air, water, or noise pollution or contamination, and underground or above-
ground tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C.
§1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15
U.S.C. §2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency
Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et
Page 40
Item 4.
Tracking #21W-10270
- 11 - Form 424; Rev. 20200605
seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.; all as have been
amended from time to time, and any other federal, state, local, or tribal environmental
requirements, together with all rules, regulations, orders, and decrees now or hereafter
promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or
amended or come into effect in the future.
17.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or
tribal governmental authority because of toxic, flammable, explosive, corrosive, reactive,
radioactive or other properties that may be hazardous to human health or the environment,
including without limitation asbestos and asbestos-containing materials, radon, petroleum and
petroleum products, urea formaldehyde foam insulation, methane, lead-based paint,
polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
substances, (ii) materials, or (iii) wastes of any kind, including without limitation those now or
hereafter defined, determined, or identified as "hazardous chemicals", "hazardous substances,"
"hazardous materials," "toxic substances," or "hazardous wastes" in any Environmental Law.
DISCLAIMER OF WARRANTIES
18. No Warranties.
18.1 LICENSOR'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED
IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED
WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES
HAVE BEEN MADE BY LICENSOR OTHER THAN THOSE CONTAINED IN THIS LICENSE.
LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PREMISES OR WHICH MAY EXIST BY OPERATION OF LAW OR IN
EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
18.2 LICENSOR MAKES NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND,
EXPRESS OR IMPLIED, CONCERNING (A) THE SCOPE OF THE LICENSE OR OTHER
RIGHTS GRANTED HEREUNDER TO LICENSEE OR (B) WHETHER OR NOT LICENSEE'S
CONSTRUCTION, MAINTENANCE, OWNERSHIP, USE OR OPERATION OF THE PIPELINE
WILL VIOLATE OR INFRINGE UPON THE RIGHTS, INTERESTS AND ESTATES OF THIRD
PARTIES, INCLUDING, WITHOUT LIMITATION, ANY LEASES, USE RIGHTS, EASEMENTS
AND LIENS OF ANY THIRD PARTY.
19. Disclaimer of Warranty for Quiet Enjoyment. LICENSOR DOES NOT WARRANT ITS TITLE TO THE
PREMISES NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE.
20. Eviction at Risk of Licensee. In case of the eviction of Licensee by anyone owning, claiming title to, or
claiming any interest in the Premises, or by the abandonment by Licensor of the affected rail corridor,
Licensor shall not be liable (i) to refund Licensee any compensation paid hereunder, except for the pro-
rata part of any recurring charge paid in advance, or (ii) for any damages or costs Licensee sustains in
connection with the eviction.
LIENS AND TAXES
21. Liens and Charges. Licensee shall promptly pay and discharge any and all liens arising out of any
construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Premises.
Licensor is hereby authorized to post any notices or take any other action upon or with respect to the
Premises that is or may be permitted by law to prevent the attachment of any such liens to the Premises;
provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any
obligation or liability under this Section 21 or any other Section of this License.
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Item 4.
Tracking #21W-10270
- 12 - Form 424; Rev. 20200605
22. Taxes. Licensee shall pay when due any taxes, assessments or other charges (collectively, "Taxes")
levied or assessed by any governmental or quasi-governmental body upon the Pipeline or any other
improvements constructed or installed on the Premises by or for Licensee (collectively, the
"Improvements") or any Taxes levied or assessed against Licensor or the Premises that are attributable
to the Improvements.
DEFAULT, TERMINATION, AND SURRENDER
23. Default and Termination. In addition to and not in limitation of Licensor's right to terminate for failure to
provide evidence of insurance as required pursuant to the terms of Section 15, the following events are
also deemed to be events of default pursuant to which Licensor has the right to terminate as set forth
below:
23.1 If default shall be made in any of Licensee's covenants, agreements, or obligations contained in
this License and Licensee fails to cure said default within thirty (30) days after written notice is
provided to Licensee by Licensor, or in case of any assignment or transfer of this License in
violation of Section 26 below, Licensor may, at its option, terminate this License by serving five
(5) days' notice in writing upon Licensee. Notwithstanding the foregoing, Licensor shall have the
right to terminate this License immediately if Licensee fails to provide evidence of insurance as
required in Section 15.
23.2 Should Licensee not comply fully with the obligations of Section 17 regarding the handling or
transporting of Hazardous Materials, notwithstanding anything contained in any other provision
of this License, Licensor may, at its option, terminate this License by serving five (5) days' notice
in writing upon Licensee.
23.3 Any waiver by Licensor of any default or defaults shall not constitute a waiver of the right to
terminate this License for any subsequent default or defaults, nor shall any such waiver in any
way affect Licensor's ability to enforce any Section of this License. The remedies set forth in this
Section 23 shall be in addition to, and not in limitation of, any other remedies that Licensor may
have at law or in equity.
23.4 In addition to and not in limitation of Licensor's rights to terminate this License for failure to provide
evidence of insurance or occurrence of defaults as described above, this License may be
terminated by either party, at any time, by serving thirty (30) days' written notice of termination
upon the other party. Such termination shall not release either party hereto from any liability or
obligation under the License, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or thereafter in case by the terms
of the License it is provided that anything shall or may be done after termination hereof.
24. Surrender of the Premises.
24.1 On or before expiration or termination of this License for any reason, Licensee shall, at its sole
cost and expense:
24.1.1 if so directed by Licensor in writing, remove the Improvements, the Pipeline and all
appurtenances thereto, or, at the sole discretion of Licensor, fill and cap or otherwise
appropriately decommission the Pipeline with a method satisfactory to Licensor;
24.1.2 report and restore any damage to the Premises or Licensor's other property arising from,
growing out of, or connected with Licensee's use of the Premises;
24.1.3 remedy any unsafe conditions on the Premises created or aggravated by Licensee; and
24.1.4 leave the Premises in substantially the condition which existed as of the Effective Date,
or as otherwise agreed to by Licensor.
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Item 4.
Tracking #21W-10270
- 13 - Form 424; Rev. 20200605
24.2 Upon any expiration or termination of this License, if Licensee fails to surrender the Premises to
Licensor or if Licensee fails to complete its obligations under Section 24.1 above (the
"Restoration Obligations"), Licensee shall have a limited license to enter upon the Premises
solely to the extent necessary for Licensee to complete the Restoration Obligations, and all
liabilities and obligations of Licensee hereunder shall continue in effect until the Premises are
surrendered and the Restoration Obligations are completed. Neither termination nor expiration
shall release Licensee from any liability or obligation under this License, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination,
or, if later, the date when Licensee surrenders the Premises and all of the Restoration Obligations
are completed.
24.3 If Licensee fails to complete the Restoration Obligations within thirty (30) days after the date of
such termination of its tenancy, then Licensor may, at its election, either: (i) remove the Pipeline
and the other Improvements or otherwise restore the Premises, and in such event Licensee shall,
within thirty (30) days after receipt of bill therefor, reimburse Licensor for cost incurred, (ii) upon
written notice to Licensee, take and hold the Pipeline and the other Improvements and personal
property as its sole property, without payment or obligation to Licensee therefor, or (iii) specifically
enforce Licensee's obligation to restore and/or pursue any remedy at law or in equity against
Licensee for failure to so restore. Further, if Licensor has consented to the Pipeline and the other
Improvements remaining on the Premises following termination, Licensee shall, upon request by
Licensor, provide a bill of sale in a form acceptable to Licensor conveying the Pipeline and the
other Improvements to Licensor for no additional consideration.
MISCELLANEOUS
25. Successors and Assigns. All provisions contained in this License shall be binding upon, inure to the
benefit of, and be enforceable by the respective successors and assigns of Licensor and Licensee to the
same extent as if each such successor and assign was named a party to this License.
26. Assignment.
26.1 Licensee may not sell, assign, transfer, or hypothecate this License or any right, obligation, or
interest herein (either voluntarily or by operation of law, merger, or otherwise) without the prior
written consent of Licensor, which consent may not be unreasonably withheld or delayed by
Licensor. Any attempted assignment by Licensee in violation of this Section 26 shall be a breach
of this License and, in addition, shall be voidable by Licensor in its sole and absolute discretion.
26.2 For purposes of this Section 26, the word "assign" shall include without limitation (a) any sale of
the equity interests of Licensee following which the equity interest holders of Licensee
immediately prior to such sale own, directly or indirectly, less than 50% of the combined voting
power of the outstanding voting equity interests of Licensee, (b) any sale of all or substantially all
of the assets of (i) Licensee and (ii) to the extent such entities exist, Licensee's parent and
subsidiaries, taken as a whole, or (c) any reorganization, recapitalization, merger or consolidation
involving Licensee. Notwithstanding the foregoing, any reorganization, recapitalization, merger
or consolidation following which the equity interest holders of Licensee immediately prior to such
reorganization, recapitalization, merger or consolidation own, directly or indirectly, at least 50%
of the combined voting power of the outstanding voting equity interests of Licensee or any
successor thereto or the entity resulting from such reorganization, recapitalization, merger or
consolidation shall not be deemed an assignment. THIS LICENSE SHALL NOT RUN WITH THE
LAND WITHOUT THE EXPRESS WRITTEN CONSENT OF LICENSOR, SUCH CONSENT TO
BE IN LICENSOR'S SOLE DISCRETION.
26.3 Notwithstanding the provisions of Section 26.1 above or anything contained in this License to the
contrary, if Licensee sells, assigns, transfers, or hypothecates this License or any interest herein
in contravention of the provisions of this License (a "Purported Assignment") to another party
(a "Purported Transferee"), the Purported Transferee's enjoyment of the rights and privileges
granted under this License shall be deemed to be the Purported Transferee's agreement to be
bound by all of the terms and provisions of this License, including but not limited to the obligation
Page 43
Item 4.
Tracking #21W-10270
- 14 - Form 424; Rev. 20200605
to comply with the provisions of Section 15 above concerning insurance requirements. In
addition to and not in limitation of the foregoing, Licensee, for itself, its successors and assigns,
shall indemnify, defend and hold harmless Licensor for all Liabilities of any nature, kind or
description of any person or entity directly or indirectly arising out of, resulting from or related to
(in whole or in part) a Purported Assignment. The provisions of this Section 26.3 shall survive
the expiration or earlier termination of this License.
26.4 Licensor shall have the right to transfer and assign, in whole or in part, all of its rights and
obligations under this License, and upon any such transfer or assignment, Licensor shall be
released from any further obligations hereunder, and Licensee agrees to look solely to the
successor in interest of Licensor for the performance of such obligations.
27. Notices. Any notice, invoice, or other writing required or permitted to be given hereunder by one party to
the other shall be in writing and the same shall be given and shall be deemed to have been served and
given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the
custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the
address for such party specified below, or to such other address as the party to be notified may designate
by giving the other party no less than thirty (30) days' advance written notice of such change in address.
If to Licensor: Jones Lang LaSalle Brokerage, Inc.
4200 Buckingham Road, Suite 110
Fort Worth, TX 76155
Attn: Permits/Licenses
with a copy to: BNSF Railway Company
2650 Lou Menk Dr.
Fort Worth, TX 76131
Attn: Senior Manager Real Estate
If to Licensee: Town of Prosper
250 W. First Street
Prosper, TX 75078
28. Survival. Neither termination nor expiration will release either party from any liability or obligation under
this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening
prior to the date of termination or expiration, or, if later, the date when the Pipeline and the other
Improvements are removed and the Restoration Obligations are completed in accordance with the terms
hereof.
29. Recordation. It is understood and agreed that this License shall not be placed or allowed to be placed on
public record.
30. Applicable Law. All questions concerning the interpretation or application of provisions of this License
shall be decided according to the substantive laws of the State of Texas without regard to conflicts of law
provisions.
31. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this License shall be
prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the
extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any
other provision of this License.
32. Integration. This License is the full and complete agreement between Licensor and Licensee with respect
to all matters relating to Licensee's use of the Premises, and supersedes any and all other agreements
between the parties hereto relating to Licensee's use of the Premises as described herein. However,
nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to
defend and hold Licensor harmless in any prior written agreement between the parties.
Page 44
Item 4.
Tracking #21W-10270
- 15 - Form 424; Rev. 20200605
33. Joint and Several Liability. If Licensee consists of two or more parties, all the covenants and agreements
of Licensee herein contained shall be the joint and several covenants and agreements of such parties.
34. Waiver. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair
the right of Licensor to enforce that provision for any subsequent breach thereof.
35. Interpretation.
35.1 This License shall be interpreted in a neutral manner, and not more strongly for or against any
party based upon the source of the draftsmanship; both parties hereby agree that this License
shall not be subject to the principle that a contract would be construed against the party which
drafted the same. Article titles, headings to sections and paragraphs and the table of contents (if
any) are inserted for convenience of reference only and are not intended to be a part or to affect
the meaning or interpretation hereof. The exhibit or exhibits referred to herein shall be construed
with and as an integral part of this License to the same extent as if they were set forth verbatim
herein.
35.2 As used herein, "include", "includes" and "including" are deemed to be followed by "without
limitation" whether or not they are in fact followed by such words or words of like import; "writing",
"written" and comparable terms refer to printing, typing, lithography and other means of
reproducing words in a visible form; references to any person are also to that person's successors
and permitted assigns; "hereof", "herein", "hereunder" and comparable terms refer to the entirety
hereof and not to any particular article, section, or other subdivision hereof or attachment hereto;
references to any gender include references to the masculine or feminine as the context requires;
references to the plural include the singular and vice versa; and references to this License or
other documents are as amended, modified or supplemented from time to time.
36. Counterparts. This License may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original but which together shall constitute one and the same instrument, and
the signature pages from any counterpart may be appended to any other counterpart to assemble fully
executed documents, and counterparts of this License may also be exchanged electronically and any
electronic version of any party's signature shall be deemed to be an original signature for all purposes.
37. Licensor's Representative. Jones Lang LaSalle Brokerage, Inc. is acting as representative for BNSF
Railway Company.
END OF PAGE – SIGNATURE PAGE FOLLOWS
Page 45
Item 4.
Tracking #21W-10270
- 16 - Form 424; Rev. 20200605
This License has been duly executed by the parties hereto as of the Effective Date.
LICENSOR:
BNSF Railway Company, a Delaware corporation
By: Jones Lang LaSalle Brokerage, Inc.
4200 Buckingham Road, Suite 110
Fort Worth, TX 76155
By:
Shane Krueger
Vice President Permits and Special Projects
LICENSEE:
Town of Prosper, a Texas Municipality
By:
Title:
Page 46
Item 4.
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity
DRAWING NO. 81633
TRSTATE OF TX
COATING:WALL THICKNESS:SPECIFICATIONS / GRADE:PIPE MATERIAL:CONTENTS:STORM WATER
CARRIERPIPE
RCP
CLASS IV - 5,000 PSI8"-
SIZE:72"
CASINGPIPE
----
-WORKING PRESSURE:-
CARRIERPIPE
LENGTH ON R/W:805'
CASINGPIPE
-
DESCRIPTION OF PIPELINEPIPELINE SHOWN BOLD
NOTE: PIPE TO BE INSTALLED BY JAC K/DRY BORE
COORDINATE SYSTEM: TX_NC TRACKING NO. 21W-10270
MAP REF. s67370³
REVISION 2
EXHIBIT "A"ATTACHED TO CONTRACT BETWEENBNSF R A I LWAY C O M PA N YAND
TOWN OF PROSPER
PROSPERCOUNTY OF COLLIN
SURVEY:COLLIN CSLRED RIVER DIV. MADILL SUBDIV.L.S. 1046 MP: 679.632, 679.634, 679.636, 679.638, 679.640, 679.642
1 IN = 75 FTSCALE:
DATE: 10/22/2021
CATHODIC PROTECTIONBURY: ROADWAY DITCHESBURY: NATURAL GROUND
BURY: BASE/RAIL TO TOPOF PIPE 5.75'3.5'3.5'-
VENTS: NUMBER - SIZE - HEIGHT OF VENT ABOVE GROUND -
121' CULVERT52' FROM TRACK SWITCHMP 679.63833.238680 -96.806524
121' CULVERT82' FROM TRACK SWITCHMP 679.63233.238761 -96.806505
121' CULVERT72' FROM TRACK SWITCHMP 679.63433.238734 -96.806510
EXISTING CULVERTAGREEMENT UKNOWN
- PROPOSED RIPRAP
PROPOSED CULVERTS ARE 10' APART
121' CULVERT62' FROM TRACK SWITCHMP 679.63633.238705 -96.806518
121' CULVERT42' FROM TRACK SWITCHMP 679.64033.238652 -96.806533121' CULVERT32' FROM TRACK SWITCHMP 679.64233.238627 -96.806543
OUTLETS
INLETS TO: MADILLTO: SOUTH IRVING88'15'128'31'
52'
52'
39.5' EXTENDING EXISTING CULVER
39.5' EXTENDING EXISTING CULVER
Page 47
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Brady Cudd, Building Official
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure
Services
Khara C. Dodds, AICP, Director of Development Services
Re: Town Council Meeting – November 23rd, 2021
Agenda Item:
Consider and act upon an ordinance repealing existing Article 3.16, “Pools and Spas” of Chapter
3 titled “Building Regulations” of the Code of Ordinances and replacing it with a new Article 3.16
“Swimming Pool and Spa Code” and adopting the 2021 Edition of the International Swimming Pool
and Spa Code as set forth.
Description of Agenda Item:
This item adopts the 2021 ISPSC (International Swimming Pool and Spa Code) as the swimming
pool and spa code for the Town of Prosper. This item will also adopt, per the attached Appendix
A, amendments to the code as promulgated by the Regional Codes Coordinating Committee of
the NCTCOG (North Central Texas Council of Governments).
The Town's current pool and spa ordinances were last revised in 2006. Many changes have taken
place in the industry since that time. More recently, as part of the 86th Legislative Session, the
ISPSC was adopted as the municipal swimming pool and spa code for the state effective
September 1, 2020, per HB 2858. This statute enables local governments to adopt the ISPSC
along with amendments to the ISPSC. As put forth by NCTCOG, the proposed amendments seek
to remove any and all conflicts between the ISPSC and Texas Department of State Health
Services (TDSHS); Standards for Public Pools and Spas, § 285.181 through § 285.208. Key points
and features of the ordinance update include:
Enhance uniformity with surrounding municipalities, state law, and federal law, including
the Virginia Graeme Baker Pool and Spa Safety Act.
Specific codes for commercial pools and aquatic recreation facilities (these items are not
addressed in our current ordinance).
Additional guidance on pool means of egress, decking, and floor slope.
Pressure testing requirements for circulation system piping .
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
Page 48
Item 5.
Page 2 of 2
Strategic Plan
This action is pursuarnt to Envisio-Action 1.9 entitled, “Pool and Spa Code: Propose
Recommendations and Submit for Adoption.”
Budget Impact: The budgetary impact from this ordinance adoption will be very limited as the
Town currently require permits for pools. Additionally, this ordinance does not change the Town's
fee for a pool permit (see Appendix A of the Code of Ordinances for a current fee schedule,
including charges for pool permits).
Legal Obligations and Review:
This ordinance has been reviewed by Terrence Welch of Brown & Hofmeister, L.L.P., as to form
and legality.
Attached Documents:
1. Ordinance for 2021 ISPSC including Appendix A
Town Staff Recommendation:
Town staff recommends approving an ordinance repealing existing Article 3.16, “Pools and Spas”
of Chapter 3 titled “Building Regulations” of the Code of Ordinances and replacing it with a new
Article 3.16 “Swimming Pool and Spa Code” and adopting the 2021 Edition of the International
Swimming Pool and Spa Code as set forth.
Proposed Motion:
I move to approve an ordinance repealing existing Article 3.16, “Pools and Spas” of Chapter 3
titled “Building Regulations” of the Code of Ordinances and replacing it with a new Article 3.16
“Swimming Pool and Spa Code” and adopting the 2021 Edition of the International Swimming Pool
and Spa Code as set forth.
Page 49
Item 5.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
EXISTING ARTICLE 3.16, "POOLS AND SPAS," OF THE CODE OF
ORDINANCES OF THE TOWN OF PROSPER AND REPLACING IT WITH A
NEW ARTICLE 3.16, "SWIMMING POOL AND SPA CODE"; ADOPTING THE
2021 EDITION OF THE INTERNATIONAL SWIMMING POOL AND SPA CODE,
SAVE AND EXCEPT THE DELETIONS AND AMENDMENTS SET FORTH
HEREIN; REGULATING THE CONSTRUCTION, ALTERATION, MOVEMENT,
RENOVATION, REPLACEMENT, REPAIR, AND MAINTENANCE OF AQUATIC
RECREATION FACILITIES, POOLS, AND SPAS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR
AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
investigated and determined that it would be advantageous and beneficial to the citizens of
Prosper to repeal existing Article 3.16, "Pools and Spas," of the Code of Ordinances and replace
it with a new Article 3.16, "Swimming Pool and Spa Code"; and,
WHEREAS, the Town Council has also investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to adopt the 2021 Edition of the
International Swimming Pool and Spa Code, save and except the amendments and deletions set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Article 3.16, "Pools and Spas," of the Code of Ordinances of the Town of Prosper
Texas, is hereby repealed in its entirety and replace with a new Article 3.16, "Swimming Pools
and Spas," to read as follows:
"ARTICLE 3.16. SWIMMING POOL AND SPA CODE
Sec. 3.16.001 Code Adopted; amendments
The International Swimming Pool and Spa Code, 2021 Edition, copyrighted by the International
Code Council, Inc., save and except the deletions and amendments set forth in Exhibit "A,"
attached hereto and incorporated herein for all purposes, is hereby adopted as the Swimming
Pool and Spa Code for the Town, regulating the construction, alteration, movement, renovation,
replacement, repair, and maintenance of aquatic recreation facilities, pools, and spas within the
Town (the "2021 International Swimming Pool and Spa Code"). The 2021 International Swimming
Pool and Spa Code is made a part of this Article as if fully set forth herein. A copy of the
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Ordinance No. 2021-__, Page 2
International Swimming Pool and Spa Code, 2021 Edition, copyrighted by the International Code
Council, Inc., is on file in the office of the Town Secretary of Prosper being marked and so
designated as the 2021 International Swimming Pool and Spa Code.
Sec. 3.16.002 Location of Pools and Spas
Pools and spas located in Districts zoned as Agricultural, Single-Family, Townhome, and Two-
Family shall be subject to the following restrictions:
1. Pools and Spas shall have a required minimum side yard setback of three feet (3’).
2. Pools and spas shall have a required minimum backyard setback of three feet (3’).
3. No pool or spa is allowed in the required front yard of any property.
4. Measurements for placement shall be taken from the edge of pool construction (back of
beam), not the water’s edge.”
SECTION 3
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective on January 1, 2022, after its adoption and
publication as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23TH DAY OF NOVEMBER, 2021.
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___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
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Ordinance No. 2021-__, Page 4
Exhibit A
TOWN OF PROSPER AMENDMENTS
2021 INTERNATIONAL SWIMMING POOL AND SPA CODE
The following additions, deletions, and amendments to the 2021 International Swimming
Pool and Spa Code are hereby approved and adopted.
The following sections, paragraphs, and sentences of the 2021 International Swimming Pool and Spa Code
are hereby amended as follows: Standard type is the text from the ISPSC. Underlined type is text inserted.
Lined through type is deleted text from ISPSC.
Section R101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the Town
of Prosper hereinafter referred to as "this code."
Section 102.9 Other laws. The provisions of this code shall not be deemed to nullify any provisions of
local, state, or federal law, to include but not limited to:
1. Texas Department of State Health Services (TDSHS); Standards for Public Pools and Spas;
§285.181 through §285.208, (TDSHS rules do not apply to pools serving one- and two-
family dwellings or townhouses).
2. Texas Department of Licensing and Regulation (TDLR); 2012 Texas Accessibility Standards
(TAS), TAS provide the scoping and technical requirements for accessibility for swimming pools,
wading pools, and spas and shall comply with 2012 TAS, Section 242. (TAS rules do not apply to
pools serving one- and two-family dwellings or townhouses).
Exception: Elements regulated under Texas Department of Licensing and Regulation (TDLR) and
built in accordance with TDLR approved plans, including any variances or waivers granted by the
TDLR, shall be deemed to be in compliance with the requirements of this Chapter.
113.4 Violation penalties. Any person who shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall erect, install, alter or repair a pool or spa in violation of the
approved construction documents or directive of the code official, or of a permit or certificate issued under
the provisions of this code may be punishable for each day of the violation set forth by the authority having
jurisdiction. , shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT]
dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such a fine and imprisonment.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
305.1 General. The provisions of this section shall apply to the design of barriers for restricting entry into
areas having pools and spas. In only one-and two-family dwellings and townhouses, where spas or hot
tubs are equipped with a lockable safety cover complying with ASTM F1346 and swimming pools are
equipped with a powered safety cover that complies with ASTM F1346, the areas where those spas, hot
tubs or pools are located shall not be required to comply with Sections 305.2 through 305.7.
305.2.7.1 Chain link fencing prohibited. Chain link fencing is not permitted as a barrier in public pools
built after January 1, 1994.
305.4 Structure wall as a barrier. Where a wall of a dwelling or structure of a one- and two-family dwelling
or townhouse or its accessory structure serves as part of a barrier and where doors or windows provide
direct access to the pool or spa through that wall, one of the following shall be required:
1. Remainder Unchanged
2. Remainder Unchanged
3. Remainder Unchanged
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Ordinance No. 2021-__, Page 5
4. Remainder unchanged
5. Remainder unchanged
305.6 Natural barriers used in a one- and two-family dwelling or townhouse. In the case where the
pool or spa area abuts the edge of a lake or other natural body of water, public access is not permitted or
allowed along the shoreline, and required barriers extend to and beyond the water 's edge a minimum of
eighteen (18) inches, a barrier is not required between the natural body of water shoreline and the pool or
spa.
Section 307.1.4 Accessibility; Add exception to section to 307.1.4 as follows:
Exception: Components of projects regulated by and registered with Architectural Barriers Division of
Texas Department of Licensing and Regulation shall be deemed to be in compliance with the requirements
of this Chapter.
Section 307.2.2.2. Adjacency to Structural Foundation. Depth of the swimming pool and spa
shall maintain a ratio of 1:1 from the nearest building foundation or footing of a retaining wall.
Exception: A sealed engineered design drawing of the proposed new structure shall be submitted for
approval.
310.1 General. Suction entrapment avoidance for pools and spas shall be provided in accordance with
APSP 7 (ANSI/PHTA/ICC 7) or for public swimming pools in accordance with State of Texas Rules for
Public Swimming Pools and Spas, Title 25 TAC Chapter 265 Subchapter L, Rule §265.190.
402.12 Water envelopes. The minimum diving water envelopes shall be in accordance with Table
402.12 Texas Department of State Health Services, Administrative Code Title 25, Chapter 265,
Section 186 (e) and Figure: 25 TAC 256.186 (e) (6). (Delete Table 402.12 and Figure 402.12)
ADD: Figure: 25 TAC §265.186 (e) (6)
Maximum Diving Board Height Over Water ¾ Meter 1 Meter 3 Meters
Max. Diving Board Length 12 ft. 16 ft. 16 ft.
Minimum Diving Board Overhang 2 ft. 6 in. 5 ft. 5 ft.
D1 Minimum 8 ft. 6 in. 11 ft. 2 in. 12 ft. 2 in.
D2 Minimum 9 ft. 10 ft. 10 in. 11 ft. 10 in.
D3 Minimum 4 ft. 6 ft. 6 ft.
L1 Minimum 4 ft. 5 ft. 5 ft.
L2 Minimum 12 ft. 16 ft. 5 in. 19 ft. 9 in.
L3 Minimum 14 ft. 10 in. 13 ft. 2 in. 13 ft. 11 in.
L4 Minimum 30 ft. 10 in. 34 ft. 7 in. 38 ft. 8 in.
L5 Minimum 8 ft. 10 ft. 13 ft.
H Minimum 16 ft. 16 ft. 16 ft.
From Plummet to Pool Wall at Side 9 ft. 10 ft. 11 ft. 6 in.
From Plummet to Adjacent Plummet 10 ft. 10 ft. 10 t.
411.2.1 Tread dimensions and area. Treads shall have a minimum unobstructed horizontal depth (i.e.,
horizontal run) of 12 inches and a minimum width of 20 inches. not be less than 24 inches (607mm) at the
leading edge. Treads shall have an unobstructed surface area of not less than 240 square inches
(154838mm2) and an unobstructed horizontal depth of not less than10 inches (254 mm) at the center line.
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411.2.2 Risers. Risers for steps shall have a maximum uniform height of 10 inches, with the bottom riser
height allowed to taper to zero except for the bottom riser, shall have a uniform height of not greater than
12 inches (305 mm) measured at the center line. The bottom riser height is allowed to vary to the floor.
Swimouts. Swimouts, located in either the deep or shallow area of a pool, shall comply with all of the
following:
1. Unchanged
2. Unchanged
3. Unchanged
4. The leading edge shall be visibly set apart and provided with a horizontal solid or broken stripe at least
1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly
visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which
it is applied, and the color shall be permanent in nature and shall be a slip-resistant surface.
Underwater seats and benches. Underwater seats and benches, whether used alone or in conjunction
with pool stairs, shall comply with all of the following:
1. Unchanged
2. Unchanged
3. Unchanged
4. Unchanged
5. The leading edge shall be visually set apart and provided with a horizontal solid or broken stripe at least
1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly
visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which
it is applied, and the color shall be permanent in nature and shall be a slip-resistant surface.
6. Unchanged
7. Unchanged
610.5.1 Uniform height of 9 10 inches. Except for the bottom riser, risers at the centerline shall have a
maximum uniform height of 9 10 inches (229 254 mm). The bottom riser height shall be permitted to vary
from the other risers.
Section 804.1 General. The minimum diving water envelopes shall be in accordance with Table 804.1 and
Figure 804.1, or the manufacturer's specifications, whichever is greater. Negative construction tolerances
shall not be applied to the dimensions of the minimum diving water envelopes given in Table 804.1.
END
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To: Mayor and Town Council
From: Brady Cudd, Building Official
Travis Kvaal, Senior Backflow Inspector
Through: Harlan Jefferson, Town Manager
Rebecca Zook, Executive Director of Development and Infrastructure
Services
Khara C. Dodds, AICP, Director of Development Services
Frank Jaromin, Public Works Director
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Consider and act upon an ordinance amending Chapter 6, "Health and Sanitation" of the Code of
Ordinances by adding a new Article 6.06, "Irrigation Systems."
Description of Agenda Item:
This ordinance is pursuant to Section 551.006 of the Texas Local Government Code, which
requires that municipalities with a population greater than 20,000 people regulate the installation
of irrigation systems within the corporate limits of the municipality and within the munic ipality's
extraterritorial jurisdiction in order to protect against the contamination of the agency's water
supply. The statute also requires that such regulations include minimum standards for designing,
installing, and operating irrigation systems, require proper licensing for irrigation installers, and
require permits from the municipality before irrigation systems are installed.
In summary, the ordinance contains new requirements for the installation and alteration of
irrigation systems which will support the Town's water conservation and water supply protection
efforts. These requirements include:
Proper licensing requirements for professionals that install irrigation systems
Permitting requirements for the installation of new systems
Backflow prevention requirements for the protection of potable water supply
Irrigation plan requirements to ensure that the irrigation systems are designed, installed,
and maintained in a way that promotes water conservation.
Completion documents at the end of irrigation installation that confirm the installation was
in accordance with the ordinance and industry requirements.
Prosper is a place where everyone matters.
DEVELOPMENT
SERVICES
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Page 2 of 3
In addition to water conservation and water supply protection, other benefits to this ordinance
include:
Provides for additional protections to the Town's water supply against backflow and
backpressure.
Provides homeowners with additional information regarding their irrigation system
including plans and a maintenance checklist.
Provides additional protections for homeowners by increasing the oversite of the
irrigation system design and installation.
The irrigation ordinance will be adopted in two different phases. The first phase is what is
presented with this amendment and the second phase will be brought back to Council for
consideration after the public outreach has been completed (see below).
Backflow Prevention Requirements
Once fully implemented, this ordinance will establish new backflow prevention requirements on
properties with on-site sewage facilities. These requirements will be consistent with the Texas
Local Government Code and the Texas Commission on Environmental Quality rules. In order to
allow additional time for staff to educate affected homeowners regarding these new
requirements, the current ordinance will only require annual testing of the existing backflow
device at this time. Staff anticipates bringing a subsequent amendment to Council in late 2022 to
update the ordinance. This ordinance update will require existing backflow devices to be
replaced with an RPZ if they cannot be repaired in-ground, consistent with Section 551.006 of
the Texas Local Government Code and TCEQ RG-478.
Public Outreach Strategy
Once adopted, the irrigation ordinance will become effective on January 1, 2022. Before
amending the ordinance in late 2022 to require an RPZ in cases where the existing backflow
device cannot be repaired in-ground, a public outreach strategy will be deployed to provide
notification of the new ordinance to homeowners and HOAs. The following steps will be used:
1) Introduce the new ordinance at the HOA President's Meeting- completed on 11/11/21
2) Direct mailings will be sent to homeowners in the most affected HOAs (Gentle Creek,
Whispering Farms, and Amberwood)
3) Attend HOA meetings and explain new law, offer guidance, and answer questions.
Strategic Plan
This action is pursuant to Envisio-Action 2.11 entitled, "Residential Irrigation Ordinance."
Budget Impact:
The budgetary impact from this ordinance adoption will be very limited as Building Inspection
already collects fees for irrigation permits.
Legal Obligations and Review:
This ordinance has been reviewed by Terrence Welch of Brown & Hofmeister, L.L.P., as to form
and legality.
Attached Documents:
1. Ordinance
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Town Staff Recommendation:
Town staff recommends approving the new ordinance entitled "Irrigation Systems," which will
amend Chapter 6, "Health and Sanitation" of the Code of Ordinance by adding a new Article 6.06.
Proposed Motion:
I move to approve an ordinance amending Chapter 6, "Health and Sanitation," of the Code of
Ordinances by adding a new Article 6.06 "Irrigation Systems".
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Item 6.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2021-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 6, “HEALTH AND SANITATION,” OF THE
CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY ADDING
A NEW ARTICLE 6.06, “IRRIGATION SYSTEMS”; ESTABLISHING THE
MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS
WITHIN THE CORPORATE LIMITS OF THE TOWN AND THE TOWN’S
EXTRATERRITORIAL JURISDICTION; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that water conservation and environmental protection are important
issues and concerns affecting the Town; and
WHEREAS, properly installed irrigation systems will conserve water, help avoid wasteful
use, and improve the overall quality of life for the citizens of the Town o f Prosper, Texas (the
“Town”); and
WHEREAS, Section 551.006 of the Texas Local Government Code requires, part, that a
municipality with a population of 20,000 or more regulate the installation of irrigation systems
within the corporate limits of the municipality as well as the municipality’s extraterritorial
jurisdiction; and
WHEREAS, the provisions herein are necessary to promote and protect the health, safety,
and welfare of the public by creating an urban environment that is protective of the Town’s water
supply and provides an enhanced quality of life for the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, and they are hereby approved and incorporated into the body of
this ordinance as is fully set forth herein.
SECTION 2
From and after the effective date of this ordinance, Chapter 6, “Health and Sanitation,” of
the Code of Ordinances of the Town of Prosper, Texas, is amended by adding thereto a new
Article 6.06, “Irrigation Systems,” to read as follows:
“ARTICLE 6.06. IRRIGATION SYSTEMS
Sec. 6.06.001 Definitions.
The following words and terms shall have the following meanings in relation to their use within
this Article, except when the context clearly indicates otherwise.
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Air-Gap Separation (AG). The unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet conveying water to a tank, fixture, receptor,
sink, or other assembly and the flood level rim of the receptacle. T he vertical, physical separation
must be at least twice the diameter of the water supply outlet, but never less than 1.0 inch.
Artificially Made Bodies of Water. Bodies of water that have been constructed or modified to fit
some decorative or commercial purpose such as, but not limited to, aeration ponds, fish farm
ponds, storm retention basins, treatment ponds, and irrigation (channel) facilities. Water depths
may vary seasonally or be controlled.
As-Built Drawing. The final irrigation plan produced upon completion of an irrigation system
installation and provided to the irrigation system’s owner or the owner’s representative. The as-
built drawing(s) shall reflect all changes made to the original irrigation plan and/or specifications
during the construction process and show all aspects (including the dimensions, geometry, and
location of all elements) of the irrigation system . May be referred to as “record drawings” or
“as-builts.”
Auxiliary Water Supply. Any water supply other than the approved public water supply for the
Town of Prosper, such as water from another public water supply or from a natural source
including, but not limited to, wells, cisterns, springs, rivers, streams, used waters, or industrial
fluids.
Backflow Prevention. The prevention of reverse flow, due to back siphonage or backpressure, of
non-potable water from an irrigation system into the potable water source.
Backflow Prevention Assembly. A mechanical assembly used to prevent backflow into a potable
water system. The type of assembly used is based on the hazard (health hazard or non-health
hazard) and hydraulic conditions.
Code Official. Person appointed by Town Manager to be in charge of enforcing this Article.
Commission. The Texas Commission on Environmental Quality.
Completion of irrigation system installation. When the landscape irrigation system has been
installed, all minimum standards met, all tests are performed, and the irrigator is satisfied that the
system is operating correctly.
Consulting. The act of providing advice, guidance, review, or recommendations related to
landscape irrigation systems.
Cross-Connection. A physical connection between a public water system and either another
supply of unknown or questionable quality, a source which may contain contaminating or polluting
substances, a source of water treated to a lesser degree than approved, or an auxiliary water
supply source in the treatment process.
Design. The act of determining the various elements of a landscape irrigation system that will
include, but not be limited to, elements such as collecting site-specific information, defining the
scope of the project, defining plant watering needs, selecting and laying out any local regulatory
requirements, or scheduling irrigation work at a site. Completion of the various components will
result in an irrigation plan.
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Design Pressure. The pressure that is required for an emission device to operate properly and in
conjunction with the head-to-head spacing requirement. Design pressure is the sum of the
minimum operating pressure of the emission device to the total of all pressure losses accumulated
from the emission device to the water source.
Double Check Valve (DC). An assembly composed of two (2) independently acting, approved
check valves, including tightly closing resilient seated shutoff valves attached at each end of the
assembly and fitted with properly located resilient-seated test cocks.
Emission Device. A device that is contained within an irrigation system and used to apply water.
Common emission devices in an irrigation system include, but are not limited to, spray and rotary
sprinkler heads, and drip irrigation emitters.
Employed. The state of being engaged or hired to provide irrigation services and of being in an
employer-employee relationship as defined by Internal Revenue Code, 26 USC § 31.3121(d)-1,
based on the behavioral control, financial control, and the type of relationship involved in
performing employment-related tasks.
Exempt Business Owner. An owner of a business who employs a licensed irrigator to supervise
the irrigation services performed by the business as referenced in the Texas Occupations Code,
Chapter 1903.
Graywater. Wastewater from showers, bathtubs, handwashing, lavatories, sinks that are used
for disposal, and clothes washing machines. Graywater does not include wastewater from the
washing of material, including diapers, soiled with human excreta or wastewater that has come in
contact with toilet waste.
Head-to-head spacing. The spacing of emission devices such that the distance between them is
within the manufacturer’s published radius range and the water spray reaches from device to
device. A deviation of 10% or less is acceptable.
Health Hazard. A cross-connection, potential cross-connection, or other situation involving any
substance that could cause death, illness, spread of disease, or has a high probability of causing
such effects if introduced into the potable drinking water supply.
Hydraulics. The science of dynamic and static water (pressure of water when it is not moving);
the mathematical computation of determining pressure losses and pressure requirements of an
irrigation system.
Irrigation Inspector. A water district operator, governmental entity, or licensed irrigation inspector
who inspects irrigation systems and performs other enforcement duties for a municipality or water
district and is required to be licensed under Chapter 30 of this title (relating to Occupational
Licenses and Registrations) or a licensed plumbing inspector.
Irrigation Plan. A scaled drawing of a new landscape irrigation system to be installed. The
irrigation plan shall meet all the requirements in 30 TAC §§344.60-344.65 (relating to Water
Conservation; Minimum Standards for the Design of the Irrigation Plan; Minimum Design and
Installation Requirements; Completion of Irrigation System Installation; Maintenance, Alteration,
Repair, or Service of Irrigation Systems; and Reclaimed Water) and is provided as an as -built
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drawing to the owner or owner’s representative upon completion of the irrigation system
installation.
Irrigation Services. All activities involving and irrigation system including, selling, designing,
installing, maintaining, altering, repairing, servicing, permitting, consulting services, or connecting
an irrigation system to a water supply.
Irrigation System. A system permanently installed on a site and that is composed of an assembly
of component parts for the controlled distribution and conservation of water to irrigate, reduce
dust, and control erosion in any type of landscape vegetation in any location. This term includes
sprinklers and sprinkler systems used for irrigation. This term does not include a system that is
used on or by an agricultural operation as defined by Texas Agricultural Code § 251.002.
Irrigation Technician. A person who works under the supervision of a licensed irrigator to perform
irrigation services including the connection of an irrigation system to a private or public, raw or
potable water supply system or any water supply, and who is required to be licensed under Title
30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations).
Irrigation Zone. A subdivision of an irrigation system with a matched precipitation rate based on
plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio),
topographic features (such as slope) and soil conditions (such as sand, loam, clay, or
combination) or for hydrological control.
Irrigator. A person who performs irrigation services and/or supervises the installation of an
irrigation system, including the connection of such system to a private or public, raw or potable
water supply system or any water supply, and who is required to be licensed under Title 30, Texas
Administrative Code, Chapter 30.
Irrigator-in-Charge. The irrigator responsible for all irrigation work performed by an exempt
business owner, including, but not limited to obtaining permits, developing design plans,
supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining,
altering, repairing, or servicing a landscape irrigation system.
Landscape Irrigation. The science of applying the necessary amount of water to promote or
sustain healthy growth of plant material or turf.
License. An occupational license that is issued by the Commission under Title 30, Texas
Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an
activity that is covered by Title 30, Texas Administrative Code, Chapter 30.
Mainline. A pipe within an irrigation system that delivers water from the water source to the
individual zone valves.
Maintenance Checklist. A document made available to the irrigation system’s owner or owner’s
representative that contains information regarding the operation and maintenance of the irrigation
system, including, but not limited to: checking and repairing the irrigation system, setting the
automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and
plants away from irrigation emitters, using and operating the irrigation system, the precipitation
rates of each irrigation zone within the system, any water conservation measures currently in
effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly
watering schedule based on current evapotranspiration data for the geographic region, and the
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minimum water requirements for the plant material in each zone based on the soil type and plant
material where the system is installed.
Major maintenance, alteration, repair, or service. Any activity that involves opening to the
atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone
control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe,
replacing a zone control valve, or repairing a zone control valve in a manner that opens the system
to the atmosphere.
Master Valve. A remote control valve located after the backflow prevention assembly that controls
the flow of water to the irrigation system mainline.
Matched Precipitation Rate. The condition in which all sprinkler heads within an irrigation zone
apply water at the same rate.
Natural Bodies of Water. Bodies of water such as lakes, streams, ponds, rivers, and other
naturally occurring bodies of water, which may vary in depth throughout the year.
New Installation. An irrigation system installed at a location where one did not previously exist or
is a complete replacement of an existing irrigation system.
Non-Health Hazard. A cross-connection or potential cross-connection involving any substance
that generally would not be a health hazard but would constitute a nuisance, or be aesthetically
objectionable, if introduced into the potable water supply.
Non-Potable Water. A water supply, which has not been approved for human consumption by
the Commission.
Pass-through Contract. A written contract between a contractor or builder and a licensed irrigator
or exempt business owner to perform part or all of the irrigation services. A pass-through contract
is also referred to as a sub-contract.
Potable Water. Water that is suitable for human consumption and meets the definition of drinking
water in 30 TAC § 290.38(23) (relating to Definitions).
Pressure Vacuum Breaker (PVB). An assembly which contains an independently operating
internally loaded check valve and an independently operating loaded air inlet valve located on the
discharge side of the check valve, with properly located resilient- seated test cocks and tightly
closing resilient-seated shutoff valves attached at each end of the assembly. Pressure vacuum
breakers shall not be subjected to back pressure situations.
Reclaimed Water. Domestic or municipal wastewater which has been treated to a quality suitable
for beneficial use, such as landscape irrigation.
Records of Landscape Irrigation Activities. The irrigation plans, contracts, warranty information,
invoices, copies of permits, and all other documents that relate to irrigation services.
Reduced Pressure Backflow Prevention Assembly (RP). An assembly containing two (2)
independently acting approved check vales together with a hydraulically operating, mechanically
independent pressure differential relief valve located between the check valves and at the same
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time below the first check valve. The unit includes properly located resilient-seated test cocks
and two (2) tightly closing resilient-seated shutoff valves at each end of the assembly.
Static water pressure. The pressure of water when it is not moving. Generally, this is the pressure
available to the irrigation system.
Supervision. The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or
her professional responsibility to the client and/or employer in compliance with local and state
requirements. Also performed by a licensed technician who is working under the direction of a
licensed irrigator to perform irrigation services.
TAC. The Texas Administrative Code, as amended.
Temporary Irrigation System. A temporarily installed, above-ground system of pipes and
component parts used to distribute water to the landscaping of a site for the establishment of plant
growth, reduction of dust, and erosion control. Temporary irrigation systems must meet the
requirements in 30 TAC § 344.66 (relating to Temporary Irrigation Systems).
Town. The Town of Prosper, Texas and its duly authorized representatives.
Water Conservation. The design, installation, service, and operation of an irrigation system in a
manner that prevents the waste of water, promotes the most efficient use of water, and applies
the least amount of water that is required to maintain healthy individual plant material or turf,
reduce dust, and control erosion.
Zone Flow. A measurement, in gallons per minute or gallons per hour, of the actual flow of water
through a zone valve, calculated by individually opening each zone valve and obtaining a valid
reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of
all nozzles in the irrigation zone at a specific pressure.
Zone Valve. An automatic valve that controls a single irrigation zone of a landscape irrigation
system.
Sec. 6.06.002 Valid License Required.
Any person who connects an irrigation system to the water supply within the Town shall be
registered with the Town and shall hold a valid irrigation license, as defined by Chapter 30, Title
30 of the Texas Administrative Code and as required by Chapter 1903 of the Texas Occupations
Code, as amended, or a Texas State Plumbing License.
Exception:
A property owner is not required to be licensed in accordance with Texas Occupations Code
§ 1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or
occupied by said person as the person’s home. A home or property owner who installs an
irrigation system shall meet the standards contained in Title 30, Texas Administrative Code,
Chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain
or moisture shut-off devices or other technology, and backflow and isolation valves. The Town
may, at any point, adopt more stringent requirements for a home or property owner who installs
an irrigation system (see Texas Occupation Code § 1903.002 for other exemptions to the
licensing requirement).
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Sec. 6.06.003 Permit Required.
It shall be unlawful for any person to install or cause to be installed, or to allow any person to
install an irrigation system, or to make any alterations, additions or changes to an irrigation
system, without first having procured a permit to do so from the Building` Official. Any plan
approved for a permit shall be in compliance with the requirements of this Chapter.
Exemptions:
1. An irrigation system that is an on-site sewage disposal system, as defined by Section
366.002 of the Texas Health and Safety Code;
2. An irrigation system used on or by an agricultural operation as defined by Section 251.002
of the Texas Agriculture Code; or
3. An irrigation system connected to a groundwater well used by the property owner for
domestic use.
Sec. 6.06.004 Backflow Prevention Methods and Assemblies.
(a) Any irrigation system that is connected to the potable water supply shall be connected
through a backflow prevention method approved by the Commission. The backflow prevention
assembly shall be approved by the American Society of Sanitary Engineers; the Foundation for
Cross-Connection Control and Hydraulic Research, University of Southern California; or any other
laboratory that has equivalent capabilities for both laboratory and field evaluation of backflow
prevention assemblies. The backflow prevention assembly shall be installed in accordance with
the laboratory approval standards or, if the approval does not include specific installation
information, the manufacturer’s current published recommendations. The type of assembly used
is based on the hazard (health hazard or non-health hazard) and hydraulic conditions. Examples
of such include, but are not limited to, reduced pressure backflow assemblies, double check valve
assemblies, pressure vacuum breakers, and air-gap separation.
(b) If conditions that present a health hazard exist, one (1) of the following methods shall be
used to prevent backflow:
(1) An air-gap separation may be used if:
(A) there is an unobstructed physical separation; and,
(B) the distance from the lowest point of the water supply outlet to the flood rim
of the fixture or assembly into which the outlet discharges is at least one (1) inch or twice the
diameter of the water supply outlet, whichever is greater.
(2) Reduced pressure backflow prevention assemblies may be used if:
(A) the assembly is installed with the termination point a minimum of twelve
inches (12”) above finished grade in a location that will ensure that the assembly will not become
submerged; and
(B) drainage is provided for any water that may be discharged through the
assembly relief valve.
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(3) Spill-Resistant vacuum breaker backflow prevention assemblies may be used if:
(A) No back-pressure condition will occur; and
(B) The assembly is installed at a minimum of twelve inches (12”) above any
downstream piping and the highest downstream opening. Pop-up sprinklers are measured in
the retracted position from the top of the sprinkler.
(4) Pressure vacuum breaker backflow prevention assemblies may be used if:
(A) No back-pressure condition will occur; and
(B) The assembly is installed at a minimum of twelve inches (12”) above any
downstream piping and the highest downstream opening. Pop-up sprinklers are measured in
the retracted position from the top of the sprinkler.
(c) At a minimum, all backflow prevention assemblies shall be tested by a licensed backflow
prevention assembly tester upon installation, repair, replacement, or relocation. Backflow
prevention assemblies used in applications designated as health hazards shall be tested upon
installation and annually thereafter.
(d) If there are no conditions that present a health hazard, double check valve backflow
prevention assemblies may be used to prevent backf low if the device is tested upon installation,
and test cocks are used for testing only.
(e) If a double check valve is installed below ground:
(1) test cocks shall be plugged, except when the double check valve is being tested;
(2) test cock plugs shall be threaded, water-tight, and made of non-ferrous material;
(3) there shall be a clearance between any fill material and the bottom of the double
check valve to allow space for testing and repair; and
(4) there shall be a clearance all the way around the assembly to allow space for
testing and repair.
(f) If an irrigation system is connected to a potable water supply and requires major
maintenance, alteration, repair, or service, the system shall be connected to the potable water
supply through an approved, properly installed backflow prevention method as defined in 30 TAC
§ 344.50 before any major maintenance, alteration, repair, or service is performed.
(g) The irrigator shall ensure the backflow prevention assembly is tested prior to being placed
into service and the test results shall be provided to the local water purveyor and the irrigation
system’s owner or owner’s representative within ten (10) business days of the testing of the
backflow prevention assembly.
(h) The Town is not responsible for any pressure loss created by the installation of a backflow
assembly device.
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Sec. 6.06.005 Specific Conditions and Cross-Connection Control.
(i) Before any chemical is added to an irrigation system connected to the potable water
supply, the irrigation system shall be connected through a reduced pressure backflow prevention
assembly or air-gap separation.
(j) Connection of any auxiliary water supply to an irrigation system that is connected to the
potable water supply can only be done if the irrigation system is connected to the potable water
supply through a reduced pressure backflow prevention assembly or an air-gap separation.
(k) Irrigation system components with chemical additives induced by aspiration, injection, or
emission system connected to any potable water supply shall be connected through a reduced
pressure backflow assembly.
(l) If an irrigation system is designed or installed on a property that is served by an on -site
sewage facility, as defined in Chapter 285 of Title 30, Texas Administrative Code, then:
(1) all irrigation piping and valves shall meet the separation distances from the on-site
sewage facility system as required for a private water line in Texas Administrative Code, Title 30,
Section 285.91(10);
(2) any water from the irrigation system that is applied to the surface of the area
utilized by the on-site sewage facility system shall be controlled on a separate irrigation zone or
zones so as to allow complete control of any irrigation to that area so that there will not be excess
water that would prevent the on-site sewage facility system from operating effectively.
(m) Quick couplers or hose connections of any type installed within the irrigation system shall
require the proper installation of a reduced pressure backflow prevention assembly. The assembly
shall be tested upon installation and annually thereafter.
Sec. 6.06.006 Water Conservation.
All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and
operated in a manner that will promote water conservation as defined in this Ordinance.
Sec. 6.06.007 Irrigation Plan Design: Minimum Requirements.
(a) Various components attribute to the creation of an irrigation plan. The determination of
various elements of a landscape irrigation system shall include, but not be limited to:
(1) collecting site-specific information;
(2) defining the scope of the project;
(3) defining plant watering needs;
(4) selecting and laying out emission devices;
(5) locating system components;
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(6) conducting hydraulics calculations;
(7) identifying local regulatory requirements; and
(8) scheduling irrigation work at a site.
(b) An irrigator shall prepare an irrigation plan for each site where a new irrigation system will
be installed. The Town approved plans shall be on the job site at all times during the installation
of the irrigation system. A drawing showing the actual installation of the system is due to each
irrigation system owner after all new irrigation system installations. During the installation of the
irrigation system, variances from the original plan may be authorized by the licensed irrigator if
the variance from the plan does not:
(1) diminish the operational integrity of the irrigation system;
(2) violate any requirements of this Ordinance; and
(3) go unnoted in red on the irrigation plan.
(c) The irrigation plan shall include complete coverage of the area(s) to be irrigated. If a
system does not provide complete coverage of the area(s) to be irrigated, it shall be noted on the
irrigation plan.
(d) All irrigation plans used for construction shall be drawn to scale. The plan shall include, at
a minimum, the following information:
(1) the irrigator’s seal, signature, and date of signing;
(2) all major physical features and the boundaries of the area(s) to be watered;
(3) a North arrow;
(4) a legend;
(5) the zone flow measurement for each irrigation zone;
(6) Location and type of each:
(A) controller;
(B) sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze);
(7) location, type, and size of each:
(A) water source (such as, but not limited to, a water meter and point(s) of
connection);
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(B) backflow prevention assembly;
(C) water emission device (including, but not limited to, spray heads, rotary
sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays);
(D) valve (including, but not limited to, zone valves, master valves, and
isolation valves);
(E) pressure regulation component; and
(F) mainline and lateral piping.
(8) the scale used; and
(9) the design pressure.
Sec. 6.06.008 Design and Installation: Minimum Requirements.
(a) Manufacturer Limitations. No irrigation design or installation shall require the use of any
component, including the water meter, in a way, which exceeds the manufacturer’s published
performance limitations for the component.
(b) Spacing.
(1) The maximum spacing between emission devices shall not exceed the
manufacturer’s published radius or spacing of the devices. The radius or spacing is determined
by referring to the manufacturer’s published specifications for a specific emission device at a
specific operating pressure.
(2) New irrigation systems shall not utilize above-ground spray emission devices in
landscapes that are less than forty-eight inches (48”), not including the impervious surfaces, in
either length or width, and which contain impervious pedestrian or vehicular traffic surfaces along
two (2) or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation
system, the sprinkler heads shall direct flow away from any adjacent surface and shall not be
installed closer than four inches (4”) from a hardscape, such as, but not limited to, a building
foundation, fence, concrete, asphalt, pavers, or stones set with mortar.
(3) Narrow paved walkways, jogging paths, golf cart paths, or other small areas
located in cemeteries, parks, golf courses, or other public areas may be exempt from this
requirement if the runoff drains into a landscaped area.
(c) Water Pressure. Emission devices must be installed to operate at the optimum or
recommended sprinkler head pressure as published by the manufacturer for the nozzle and head
spacing that is used. If an optimum or recommended pressure is not published, then the emission
devices must be installed to operate at not below the minimum and not above the maximum
sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that
is used. Methods to achieve the water pressure requirements include but are not limited to flow
control valves, a pressure regulator, or pressure compensating spray heads.
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(d) Piping. Piping in irrigation systems shall be designed and installed so that the flow of water
in the pipe will not exceed a velocity of five feet (5’) per second for polyvinyl chloride (PVC) pipe.
(e) Irrigation Zones. Irrigation systems shall have separate zones based on plant material
type, microclimate factors, topographic features, soil conditions, and hydrological requirements.
Irrigation zones with trees and or shrubs shall utilize bubblers.
(f) Matched Precipitation Rate. Zones shall be designed and installed so that all of the
emission devices in that zone irrigate at the same precipitation rate.
(g) Impervious Surfaces. Irrigation systems shall not spray water over surfaces made of
concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as,
but not limited to, walls, fences, sidewalks, streets, etc.
(h) Master Valve. When provided, a master valve shall be installed on the discharge side of
the backflow prevention assembly of all new installations.
(i) PVC Pipe Primer Solvent. All new irrigation systems that are installed using PVC pipe
and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance
with the most currently adopted International Plumbing Code.
(j) Auxiliary Water Supply Piping. Any irrigation system using an auxiliary water supply shall
utilize purple components for the system.
(k) Rain, Freeze and Wind Detectors or other Technology. All new automatically controlled
irrigation systems shall include sensors or other technology designed to inhibit or interrupt
operation of the irrigation system during periods of moisture, rain, freeze, and wind. Rain, freeze,
and wind detectors or other technology shall be installed according to the manufacturer’s
published recommendations. Repairs to existing automatic irrigation systems that require
replacement of an existing controller shall include a sensor or other technology designed to inhibit
or interrupt operation of the irrigation system during periods of moisture, rain, freeze, and wind.
(l) Isolation Valve. All new irrigation systems shall include an isolation valve between the
water meter and the backflow prevention assembly.
(m) Depth Coverage of Piping. Piping in all irrigation systems shall be installed according to
the manufacturer’s published specifications for depth coverage of piping.
(1) If the manufacturer has not published specifications for depth coverage of piping,
the piping must be installed to provide minimum depth of six inches (6”) between the top of the
topmost pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to
meet this standard must be noted on the irrigation plan/as-built drawing. If the area being irrigated
has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding
must be noted on the irrigation plan/as-built drawing and discussed with the irrigation system
owner or owner’s representative to address any safety issues.
(2) If a utility, man-made structure or roots create an unavoidable obstacle, which
makes the six inch (6”) depth coverage requirement impractical, the piping shall be installed to
provide a minimum of two inches (2”) between the top of the topmost pipe and the natural grade
of the topsoil.
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(3) All trenches and holes created during installation of an irrigation system shall be
backfilled and compacted to the original grade.
(n) Wiring Irrigation Systems.
(1) Underground electrical wiring used to connect an automatic controller to any
electrical component of the irrigation system shall be listed by Underwriters Laboratories (UL
listed) as acceptable for burial underground.
(2) Electrical wiring that connects any electrical components of an irrigation system
shall be sized according to the manufacturer’s recommendation.
(3) Electrical wire splices, which may be exposed to moisture, shall be waterproof as
certified by the wire splice manufacturer.
(4) Underground electrical wiring that connects an automatic controller to any
electrical component of the irrigation system shall be buried a minimum of six inches (6”).
(o) Connections. Water contained within the piping of an irrigation system is deemed to be
non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming
pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an
outdoor water faucet that has hose threads on the spout) is connected to an irrigation system
for the purpose of providing supplemental water to an area, the hose bib must be installed using
a quick coupler key on a quick coupler installed in a valve box with a color-coded purple lid or
cover, and the hose bib and any hoses connected to the bib must be labeled “non-potable, not
safe for drinking.” An isolation valve shall be installed upstream of a quick coupler connecting
a hose bib to an irrigation system.
(p) On-Site Supervision. A licensed irrigator or a licensed irrigation technician shall be on-
site at all times while the irrigation system is being installed. When an irrigator is not on-site, the
irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to
supervise the installation of the irrigation system.
Sec. 6.06.009 Completion of Irrigation System Installation.
When the landscape irrigation system has been installed, all minimum standards have been met,
all tests have been performed, and the irrigator is satisfied that the system is operating correctly,
the irrigator or irrigation technician who provided supervision for the on-site installation shall be
required to complete the following four (4) items:
(1) Final “Walk Through.” A complete explanation of the operation of the irrigation
system with the irrigation system’s owner or the owner’s representative;
(2) Maintenance Checklist. The Maintenance Checklist is a document which shall be
made available to the irrigation system’s owner or owner’s representative that contains
information regarding the operation and maintenance of the irrigation system. Said document
shall include, but not limited to:
(A) directions for checking and repairing the irrigation system;
(B) directions for setting the automatic controller;
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(C) directions for checking the rain or moisture sensor;
(D) directions for cleaning filters;
(E) directions for pruning grass and plants away from irrigation emitters;
(F) directions for using and operating the irrigation system;
(G) the manufacturer’s manual for the automatic controller, if the system is
automatic;
(H) the precipitation rates of each irrigation zone within the system;
(I) any water conservation measures currently in effect from the water
purveyor;
(J) the name of the water purveyor;
(K) a suggested seasonal or monthly watering schedule based on either
current/real time evapotranspiration or monthly historical reference evapotranspiration (historical
ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors;
(L) the minimum water requirements for the plant material in each irrigation
zone based on the soil type and plant material where the system is installed;
(M) a list of components, such as the nozzle, or pump filters, and other such
components; that require maintenance and the recommended frequency for the service; and
(N) the statement, “This irrigation system has been installed in accordance with
all applicable state regulations as well as applicable local laws, ordinances, rules, regulations or
orders. I have tested the system and determined that it has been installed according to the
Irrigation Plan/As-Built Drawing and is properly adjusted for the most efficient application of water
at this time.”
The irrigator or irrigation technician shall obtain the signature of the irrigation system ’s owner or
owner’s representative and shall sign, date, and seal the Maintenance Checklist. If the irrigation
system’s owner or owner’s representative is unwilling or unable to sign the Maintenance
Checklist, the irrigator shall note the time and date of the refusal on the irrigation system ’s owner
or owner’s representative’s signature line. The irrigation system owner or owner’s representative
shall be given the original Maintenance Checklist and a duplicate copy of the Maintenance
Checklist shall be maintained by the irrigator.
(3) Irrigation Sticker. A permanent sticker shall be affixed to each automatic controller
installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall
be affixed to the original Maintenance Checklist. The information contained on the sticker shall
be printed with waterproof ink and include:
(A) The irrigator’s name;
(B) Irrigator’s license number;
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(C) Company name;
(D) Telephone number; and
(E) The dates of the warranty period.
(4) As-Built Drawing. The final irrigation plan or as-built drawing indicating the actual
installation of the system shall be provided to the irrigation system’s owner or owner
representative.
Sec. 6.06.010 Maintenance, Alteration, Repair, or Service of Irrigation Systems.
Any activity that involves opening the irrigation mainline to the atmosphere at any point prior to
the discharge side of any irrigation zone control valve is considered maintenance, alteration,
repair, or service of the irrigation system. This includes, but is not limited to, repairing or
connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control
valve in a manner that opens the system to the atmosphere.
(1) The licensed irrigator is responsible for all work that the irrigator performed during
the maintenance, alteration, repair, or service of an irrigation system during the warranty period.
The irrigator or business owner is not responsible for the professional negligence of any other
irrigator who subsequently conducts any irrigation service on the same irrigation system.
(2) All trenches and holes created during the maintenance, alteration, repair, or
service of an irrigation system shall be returned to the original grade.
(3) Colored PVC pipe primer solvent shall be used on all pipes and fittings used in the
maintenance, alteration, repair, or service of an irrigation system in accordance with the most
currently adopted International Plumbing Code.
(4) When maintenance, alteration, repair, or service of an irrigation system involves
excavation work at the water meter or backflow prevention assembly, an isolation valve shall be
installed, if an isolation valve is not present.
Sec. 6.06.011 Reclaimed Water.
Reclaimed water may be utilized in landscape irrigation systems if:
(1) there is no direct contact with edible crops, unless the crop is pasteurized before
consumption;
(2) the irrigation system does not spray water across property lines that do not belong
to the irrigation system’s owner;
(3) the irrigation system is installed using purple components;
(4) the domestic potable water line is connected using an air-gap separation or a
reduced pressure backflow prevention assembly, in accordance with 30 TAC § 290.47(f) (relating
to Appendices);
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(5) a minimum of an eight (8) inch by eight (8) inch sign, in English and Spanish, is
prominently posted on/in the area that is being irrigated, that reads, “RECLAIMED WATER – DO
NOT DRINK” and “AGUA DE RECUPERACIÓN – NO BEBER”; and
(6) backflow prevention on the reclaimed water supply line shall be in accordance with
the regulations of the Town water provider.
Sec. 6.06.011 Water Wells and Bodies of Water.
Water wells and bodies of water may be utilized in landscape irrigation systems if:
(1) the irrigation system has a physical air-gap separation between the irrigation
system and the domestic water;
(2) premises isolation is provided by a Reduced Pressure Backflow Assembly at or
near the point where the potable water enters the premises;
(3) the irrigation system is installed using purple components;
(4) if utilizing a water well, an approved water well permit has been applied for, issued,
and all of the required inspections have been performed; and
(5) backflow prevention on the water supply line shall be in accordance with the Town
water provider regulations.
Sec. 6.06.012 Temporary Irrigation Systems.
(a) Temporary irrigation systems shall be installed by a licensed irrigator or an irrigation
technician under the supervision of a licensed irrigator.
(b) Temporary irrigation systems shall meet the backflow prevention requirements in 30
TAC Ch. 344, Subchapter E (relating to Backflow Prevention and Cross-Connections).
(c) Temporary irrigation systems shall be installed in accordance with 30 TAC § 344.66
(d) Temporary irrigation systems shall establish, in writing at time of permit submittal, a
definite end date at which time the temporary irrigation system shall be removed.
Sec. 6.06.013 Items not covered by this Ordinance.
Any item not covered by this Ordinance and required by law shall be governed by the Texas
Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any
other applicable state statute or TCEQ rule.
Sec. 6.06.014 Fees.
Prior to the issuance of a permit, the applicant shall pay a permit fee in accordance with the Town
of Prosper Building Inspections Fee Schedule as adopted by the Town Council, as it exists or
may be amended.
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Sec. 6.06.015 Enforcement.
(a) The Town shall have the power to administer and enforce the provisions of this Chapter
as may be required by governing law. Any person, firm, corporation, or agent who shall violate a
provision of this Code, or fails to comply therewith, or with any of the requirements thereof, is
subject to suit for injunctive relief as well as prosecution for criminal violations.
(b) Any person, firm, or corporation or business entity found to be violating any terms or
provisions of this Ordinance, shall be deemed guilty of a misdemeanor, and upon conviction
therefore, shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00), and each and
every day that such violation continues shall be considered a separate offense; provided,
however, that such penal provision shall not preclude a suit to enjoin such violation. The Town
retains the legal rights and remedies available to it pursuant to local, state and federal law.
(c) Nothing in this Chapter shall be construed as a waiver of the right for the Town to bring a
civil action to enforce the provisions of this Chapter and to seek remedies as allowed by law,
including, but not limited to the following:
(1) Injunctive relief to prevent specific conduct that violates the Ordinance or to require
specific conduct that is necessary for compliance with the Ordinance; and
(2) Other available relief.”
SECTION 3
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This ordinance shall become effective on January 1st, 2022, after its adoption and
publication as required by law.
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DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER, 2021.
___________________________________
Ray Smith, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni,Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
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To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Harlan Jefferson, Town Manager
Robyn Battle, Executive Director of Community Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Consider and act upon a resolution casting the Town of Prosper’s 35 votes for the Collin County
Central Appraisal District Board of Directors (CCAD).
Description of Agenda Item:
Every two years, the Town Council may cast its vote(s) for member(s) of the Board of Directors of
the Collin County Central Appraisal District. The Town Council may cast its votes (35) for one
candidate or distribute the votes among any number of the candidates listed. There is no provision
for write-in candidates, therefore, the chief appraiser may not count votes for someone not listed
on the official ballot.
This year’s candidates include Earnest Burke (Plano), Ronald Carlisle (Frisco), Zewge Kagnew
(Wylie), Ronald L. Kelley (Plano), Brian Mantzey (McKinney), Kenneth Maun (Fairview), Wayne
Mayo (Richardson), Gary Rodenbaugh (Allen), Ed Standridge (Parker), and Carson Kincaid
Underwood (Plano).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the resolution as to form and legality.
Attached Documents:
1. Resolution
2. Official Ballot
3. Board of Directors Nomination List
Town Staff Recommendation:
Town staff recommends that the Town Council approve a resolution casting the Town of Prosper’s
35 votes to Brian Mantzey for the Collin Central Appraisal District Board of Directors (CCAD).
Proposed Motion:
I move to approve a resolution casting the Town of Prosper’s 35 votes to Brain Mantzey for the
Collin Central Appraisal District Board of Directors (CCAD).
Prosper is a place where everyone
matters.
TOWN
SECRETARY
Page 77
Item 7.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2021- _
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
CASTING ITS VOTES FOR THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL
APPRAISAL DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is a member of the Collin Central Appraisal District; and
WHEREAS, as a member of such organization, Prosper is entitled to nominate and vote on
nominees for the Board of Directors; and
WHEREAS, the Town of Prosper has thirty-five (35) votes to cast regarding the election of the
Board of Directors; and
WHEREAS, the Town of Prosper does hereby cast its vote(s) by marking the ballot below:
Earnest Burke
Ronald Carlisle
Zewge Kagnew
Ronald L. Kelley
35 Brian Mantzey
Kennth Maun
Wayne Mayo
Gary Rodenbaugh
Ed Standridge
Carson Kincaid Underwood
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
That the Council of the Town of Prosper, Texas does hereby confirm its thirty-five
(35) votes for the election of the Board of Directors of the Collin County Central Appraisal District.
SECTION 2
That this resolution shall become effective immediately upon approval.
Page 78
Item 7.
Resolution No. 2021-__, Page 2
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 23RD DAY OF NOVEMBER 2021.
Ray Smith, Mayor
ATTEST:
_________________________________
Michelle Lewi Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrance S. Welch, Town Attorney
Page 79
Item 7.
Page 80
Item 7.
Page 81
Item 7.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan, including Central Fire Station and LIV
Townhome-Style Multifamily.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
November 16, 2021, meeting. Per the Zoning Ordinance, the Town Council has the ability to direct
staff to submit a written notice of appeal on behalf of the Town Council to the Development
Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning
Commission.
Attached Documents:
1. Site Plan for Central Fire Station
2. Site Plan for LIV Townhome-Style Multifamily
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 82
Item 8.
UPUPUPBRUSHBATTALIONTRUCKENGINEMEDIC9/11 MEMORIALMEDICScale:
Designed by:
Drawn by:
Checked by:
Date:
Project No.
PLOTTED BY RUTH RANGEL 11/9/2021 1:41 PMDWG NAME F:\2021\221031 - PROSPER FS - BRW\DWG\PLAN SET\C0.01-SITE.DWGLAST SAVED 11/9/2021 1:38 PMIMAGES 2021-11-02 - 2021-11-18 - Address BRW Logo_Dallas_Left Align_no background - Town of Prosper -XREFS XREF x2436 - XREF x30X42 - XREF xUtil-Exst - XREF 4122-18.264_topo - XREF PROSPER-POLICE - XREF xDsgn - XREF xSite - XREF Floor Plan - XREF 210902 - Prosper CFS High Roof Plan - XREF xStrm - XREF xUtil - XREF 4122-18.264_base
AS SHOWN
HGA
HGA
JDB
NOVEMBER, 2021
221031SHEET HART GAUGLER + ASSOCIATES
Structural + Civil Engineering Services
12801 N. Central Expwy. Suite 1400
Dallas, Texas 75243
972.239.5111 / 972.239.5055 fax
www.hartgaugler.com
Texas Registered Engineering Firm #F-5053
CENTRAL FIRE STATION &
FIRE ADMINISTRATION
LOT 1, BLOCK A
COLLIN COUNTY SCHOOL LAND NO. 12
SURVEY, ABSTRACT No. 147
PROSPER, COLLIN COUNTY, TEXAS0050'100'GRAPHIC SCALE - 1"=50'C0.01SITE PLAN SITE DATA SUMMARY TABLE SITE PLANTOWN OF PROSPER CENTRAL FIRE STATION& FIRE ADMINISTRATIONLOT 1, BLOCK A12.927 AC. (563,093 S.F.)PUBLIC SAFETY ADDITIONPROSPER, COLLIN COUNTY, TEXASTOWN OF PROSPER PROJECT # D21-0118NOVEMBER 9, 2021OWNERTOWN OF PROSPER250 W. FIRST STPROSPER, TEXAS 75078972-246-2640BRYAN AUSENBAUGHBAUSENBAUGH@PROSPERTX.GOVARCHITECTBROWN REYNOLDS WATFORD ARCHITECTS3535 TRAVIS STREET, SUITE 250DALLAS, TEXAS 75204PHONE (214) 528-8704CONTACT: GARRETT BARKER, AIA, NCARB GBARKER@BRWARCH.C0MENGINEERHART, GAUGLER & ASSOCIATES, INC.12801 N. CENTRAL EXPWY. SUITE 1400DALLAS, TEXAS 75243972-239-5111 / 972-239-5055 (FAX)TEXAS REGISTERED ENGINEERING FIRM #F-5053JOHN D. BLACKERJBLACKER@HARTGAUGLER.COMRUTH RANGELRRANGEL@HARTGAUGLER.COMSURVEYORBRITTAIN & CRAWFORD, LLC.3908 SOUTH FREEWAYFORT WORTH, TEXAS 76110PHONE 817-926-0211FAX 817-926-9347 CHRIS L. BLEVINSCLB@BRITTAIN-CRAWFORD.COM–” WATER METER SCHEDULESSWGASN.T.S.VICINITY MAPSITEPage 83Item 8.
DAIRY MANUFACTURERS, INC.
VOL. 3510, PAGE 179
O.P.R.C.C.T.
MARIO ZARATE
LOT 5,
MITCHELL ADDITION
VOL. 833, PG. 163
P.R.C.C.T.
GOODWILL INDUSTRIES OF NORTH TEXAS, INC.
CCF#20080102000008100
O.P.R.C.C.T.
JAMES ROWLAND
ABS A0147 C.C.S.L. #12
SHEET 2, TRACT 64.
CALLED 5.2956 AC
EXISTING ZONING: DTR
PD-96
LAND USE: VACANT
EXISTING ZONING: DTO
LAND USE: SINGLE FAMILY
EXISTING ZONING: SF-15
LAND USE: SINGLE FAMILYEXISTING ZONING: C
LAND USE: COMMERCIAL
SEVENTH STREET
30' R.O.W.
OLAY STREET
40' R.O.W.MCKINLEY ST(BY OTHERS)GORGEOUS DR.
(BY OTHERS)F.A.D.U.E.R
1
0
'R2'R5'R5'R5'R
1
0
'R30'R30'
R54'
R5'
R2'R30'R
3
0
'R54'R3'
R5'
R5'
R2'
R5'
R2'
R5'
R3'R30'R10'R5'R1'R5'R2'R5
'
R2'R5'R30'R54'R30'
R5'R20'R2'
R5'
R2'
R3'
R5'R2'R
5
4
'R3
0
'R2'R2'R1'R5'R30'R30'R5'
R5'
R5'R5'R30'R5'R30
'
R5'
R5'
R5'
TYP.
DOG PARK
PET AMENITYBUILDINGBLDG.
#1
BLDG.
#2
BLDG. #3
BLDG. #4
BLDG.
#5
BLDG. #6
BLDG.
#7
R30'
CIRS
CIRS
3/4" IPF 1/2" IRF
NON-SHADED
ZONE X
ZONE AE
ZONE AE
BURLINGTON SANTA FE RAILROADMANUFACTURED
HOME
MANUFACTURED
HOME
POB
NON-SHADED
ZONE X
ZONE AE
ZONE AE
F.A.D.U.E.
R
3
'5'5.5'14'20'10'22.5'9'4'36'
23.5'24'
18'
11.56'
11.06'10.11'8.02'10'8'22'15.05'24.62'
35.21'
137.81'24.32'121.22'
10'22.42'22'5.47'9.61'15.58'20'5'63.21'
5'8'
10'
24'
24.25'9'4'60'10'46.42'10'36'9'36'24'30.25'
15.13'19.5'10'10'10'10'10'
8'
11'26'27.83'
21'20'15.24'9'
140.67'
2'
9'21'
4'
20'4'9'36'10.5'4'4'9'36'4'9'33.65'5'27.83'
10'20.65'14'
2'
4'
4'
36'
4'
10'136.36'65.24'111.83'59.88'26'8'8'22'26'8'
73.01'4'4'4'5'73.51'55.24'79.59'5'5.78'4.25'
4.25'35.45'30.33'
28.83'
5.52'44.4'5.52'
58.57'
58.57'44.5'175'28.58'58.84'83.64'9.25'128.26'134.99'
9.25'
73.93'
73.93'13.86'73.52'
R20'
R44'
R20'
R56
'26'R5'2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
4
4
4
4
4
4
4
4
4
4
4
4
4
4
5
6
6
6
7
7
7
5
5
4
4
PROP. FIRE LANE &
ACCESS EASEMENT
FLUME
WITH
RIPRAP
FLUME
WITH RIPRAP
FENCE PER
ARCH. PLANS
5' LANDSCAPE
SETBACK
FHYD
FDC.
FDC.
FHYD.
PROP.
FHYD.
FDC.
FDC.
FDC.
FDC.
5' LANDSCAPE
SETBACK
RAIL ROAD LINE
EX. SEWER MANHOLE
5' LANDSCAPE
SETBACK
5' LANDSCAPE
SETBACK
PROP.
FHYD
PROP.
FHYD
FDC
1
1
4
1
PROP. 100 YEAR
FLOOD PLAIN
PROP. 100 YEAR
FLOOD PLAIN
PROP. 100 YEAR
FLOOD PLAIN
FHYD
FHYD
FHYD
FHYD
FHYD
4
PROPOSED
DRAINAGE
EASEMENT
PROPOSED
DRAINAGE
EASEMENTPROPOSED
DRAINAGE
EASEMENT
2
4
PROP. 100 YEAR
FLOOD PLAIN
7
7
20'
7
6
0
GRAPHIC SCALE
1 inch = ft.
40 40 80
40
20
COUNTY SURVEY:ABSTRACT NO.
COLLIN C.C.S.L. #12 A0147
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT/REPRESENTATIVE:
CLAYMOORE ENGINEERING, INC.
301 S. COLEMAN, SUITE #40
PROSPER, TX 75078
PH: 817.201.6982
SURVEYOR:
EAGLE SURVEYING
210 S. ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
BBG INVESTMENTS INC FLA TLS INVESTMENTS INC
P.O. BOX 129
PROSPER, TX 75078
PH: 214.325.0615
CASE # : Z21-0006
CONTACT NAME: MATT MOORE
CONTACT NAME: DAN RICK
N
VICINITY MAP & EXISTING ZONING MAP
N.T.S.
LIV LOVELESS
FLOODPLAIN NOTE
CONTACT NAME: TREVOR WOOD
This property is located in "Non-shaded Zone X" & "Zone AE" as scaled from the
F.E.M.A. Flood Insurance Rate Map as shown by the Letter of Map Revision (LOMR)
dated January 18, 2018 and is located in Community Number 480141 as shown on
Map Number 48085C0235J. The location of the Flood Zone is approximate, no vertical
datum was collected at the time of the survey. For the exact Flood Zone designation,
please contact 1-(877) FEMA MAP.
A PORTION OF DOC. NO. 20180423000483530
O.P.R.C.C.T.
5.30 ACRES DATENo.REVISIONBYDATE:
SHEET
File No.
11/9/2021
CHECKED:ASD
DRAWN:LRR
DESIGN:LRRLIV TOWNHOMESMcKINLEY ST. & GORGEOUS DR.PROSPER, TEXAS1903 CENTRAL DR. SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2021-062
PRELIMINARY
CLAYMOORE ENGINEERING
CONSTRUCTION SCHEDULE
10'X10' CORNER CLIP
CONCRETE SIDEWALK
4" PARKING STALL STRIPING COLOR: WHITE (TYP)
ADA RAMP, 12:1 MAX. SLOPE
PROPOSED TRASH ENCLOSURE
HANDICAP SYMBOL
HANDICAP SIGN
1
2
3
4
5
6
7
SITE PLANSP-1
SITE
LEGEND
STANDARD DUTY CONCRETE PAVEMENT
HEAVY DUTY CONCRETE PAVEMENT
DUMPSTER AREA CONCRETE PAVEMENT
PROPOSED CONCRETE SIDEWALK
McKINLEY AVE AND GORGEOUS DR PAVING
BY OTHERS
PROPOSED CONCRETE CURB AND GUTTER
PARKING COUNT
FULL-DEPTH SAWCUT
PROPOSED FIRE LANE STRIPPING
4' WROUGHT IRON FENCE PER ARCH PLANS
Page 84
Item 8.
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for
an Incidental Outside Merchandise Display at an existing Convenience Store with Gas Pumps (7-
Eleven), on 1.4± acres, in the Victory at Frontier development, located on the southwest corner of
Preston Road and Frontier Parkway. (S21-0003).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning
Current Land Use Future Land Use Plan
Subject
Property
Planned Development-
10-Retail
Convenience Store with
Gas Pumps (7-Eleven)
Retail & Neighborhood
Services
North City of Celina City of Celina City of Celina
East Planned Development-
15-Retail Undeveloped Retail & Neighborhood
Services
South Planned Development-
10-Retail Undeveloped Retail & Neighborhood
Services
West Planned Development-
10-Retail Undeveloped Retail & Neighborhood
Services
Requested Zoning – The purpose of this request is to allow for an Incidental Outside Merchandise
Display at 7-Eleven. Specifically, the applicant is requesting to allow ice containers outside the
store for the sale of pre-bagged ice. The ordinance defines Incidental Outside Merchandise
Display as the unenclosed display of commodities, materials, goods, inventory or equipment
readily accessible to the public for retail sales in conjunction with a primary enclosed use, which
Prosper is a place where everyone matters.
PLANNING
Page 85
Item 9.
Page 2 of 3
includes ice machines. The applicant is proposing to allow existing ice machines to remain on the
west side of the building and to clad the exterior of the containers with a material that matches the
exterior building material color of the building. The proposed cladding is a decorative vinyl covering
that will be adhered to the container that will color match the existing building materials.
The location of the proposed container, a picture of the existing containers, and a rendering of the
containers wrapped, are s are shown below.
Ice Container Location Existing Ice Containers
Rendered Images of Wrapped Containers
The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP
request, as follows:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. Are the activities requested by the applicant normally associated with the requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?
Staff believes the applicant has satisfied the noted criteria and recommends approval of the
request.
Page 86
Item 9.
Page 3 of 3
Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood Services.
The proposed zoning request conforms to the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to Preston Road and Frontier Parkway, which
are major thoroughfare. This request conforms to the Thoroughfare Plan.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail will be required on the subject property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has not received any Public Hearing Notice Reply Forms in response
to this request.
Attached Documents:
1. Location and Zoning Maps
2. SUP Exhibits A and B
3. Existing and Rendered Container Exhibits
Planning & Zoning Commission Recommendation:
At their November 2, 2021, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 6-1, subject to a maximum of two (2) ice machines being
permitted outside on the subject property, in addition to a limitation of signage area on the ice
machine to the doors of the machine only.
Staff Recommendation:
Staff recommends approval of the request for a Specific Use Permit (SUP) for an Incidental
Outside Merchandise Display at an existing Convenience Store with Gas Pumps (7-Eleven), on
1.4± acres, in the Victory at Frontier development, subject to a maximum of two (2) ice machines
being permitted outside on the subject property, in addition to a limitation of signage area on the
ice machine to the doors of the machine only.
Proposed Motion:
I move to approve the request for a Specific Use Permit (SUP) for an Incidental Outside
Merchandise Display at an existing Convenience Store with Gas Pumps (7-Eleven), on 1.4± acres,
in the Victory at Frontier development, subject to a maximum of two (2) ice machines being
permitted outside on the subject property, in addition to a limitation of signage area on the ice
machine to the doors of the machine only.
Page 87
Item 9.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFRONTIER PKWY
PRESTON RDPRESTON RD0 500250Feet
µ
S21-0003 - 7-Eleven, Victory at Frontier
This map is for illustration purposes only.
Page 88
Item 9.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDPD-10 PD-15RR
FRONTIER PKWY
PRESTON RDPRESTON RD0 500250Feet
µ
S21-0003 - 7-Eleven, Victory at Frontier
This map is for illustration purposes only.
Page 89
Item 9.
FRONTIER PARKWAY
VARIABLE WIDTH RIGHT-OF-WAY
JONES JERRAL W ETALVOLUME 5184 PAGE 212D.R.C.C.T.
(DOC. NO. 20090721000915890, D.R.D.C.T.)
KEERAN FAMILY PARTNERSHIP, LTD.VOL. 4957, PG. 2455D.R.C.C.T.
LOT 2, BLOCK A
59,998 SQ.FT.
1.377 ACRES
S77°20'03"
E
7
6
.
9
0
'
S89°53'39"E 178.70'S01°23'32"W 117.44'S04°45'06"E 100.58'S01°24'24"W 85.46'76.26'N88°35'36"W 263.84'
S77°20'03"E38.42'S89°53'39"E 211.81'
S44°42'27"E11.61'N00°15'13"E 237.43'S01°24'24"W9.20'N. PRESTON ROAD(STATE HIGHWAY 289)VARIABLE WIDTH RIGHT-OF-WAY(VOLUME 621, PG. 114, D.R.D.C.T.)N44°42'27"W42.29'
S89°25'42"W 372.15'
BRYAN ROAD RETAIL
PARTNERS, LP
DOC. NO. 20180920001181080
D.R.C.C.T.
LOT 3, BLOCK A
VICTORY AT FRONTIER
DOC. NO. 2018-699
P.R.CC.T.
LOT 3, BLOCK A
VICTORY AT FRONTIER
DOC. NO. 2018-699
P.R.CC.T.
38.30'961.81'
REMAINDER OF
VICTORY AT FRONTIER, LLC
DOC. NO. 20161122001590950
D.R.C.C.T.
REMAINDER OF
VICTORY AT FRONTIER, LLC
DOC. NO. 20161122001590950
D.R.C.C.T.
POINT OF
BEGINNING
LOT 2, BLOCK A
VICTORY AT FRONTIER
DOC. NO. 2018-699
P.R.CC.T.S04°16'09"W 200.25'S88°35'36"E 73.27'S01°24'24"W 254.82'S67°5
4
'
1
0
"
E
2
8
2
.
4
5
'
LOT 1, BLOCK A
VICTORY AT FRONTIER
DOC. NO. 2018-699
P.R.CC.T.
DRAWN BY: E.R. DATE: 12/13/2018 CHECKED BY: T.M. JOB NO.: 201810027
EXHIBIT A
LOT 2, BLOCK A
VICTORY AT FRONTIER
AN ADDITION TO THE TOWN
OF PROSPER, COLLIN COUNTY, TEXAS
BEING LOT 2, BLOCK A, VICTORY AT HERITAGE
DOC. NO. 2018-699, P.R.C.C.T.
1.377 ACRES
OUT OF THE SPENCER RICE SURVEY,
ABSTRACT NO. 787,
& COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 172
COLLIN COUNTY, TEXAS
TOWN OF PROSPER CASE NO. D18-0128
OWNER/DEVELOPER
BRYAN ROAD RETAIL
PARTNERS, LP
1201 N. RIVERFRONT
BLVD., SUITE 100
DALLAS, TX 75207
ENGINEER
SURVEYOR'S NOTES:
1. Bearings and distances are based on the State Plane Coordinate System, Texas North Central Zone (4202)
North American Datum of 1983 (NAD 83)(US Foot) with a combined scale factor of 1.000152710.
2. This property lies partially within Zone "X" (Unshaded), of the Flood Insurance Rate Map for Collin
County, Texas and Incorporated Areas, map no. 48085C0120 J, with an effective date of June 2, 2009 via
scaled map location and graphic plotting.
3. The purpose of this plat is to create 1 recorded lot.
STATE OF TEXAS §
COUNTY OF COLLIN §
WHEREAS, Bryan Road Retail Partners, LP is the owner of a tract of land situated in the Spencer Rice Survey, Abstract No. 787 and the Collin
County School Land Survey, Abstract No. 172, in the Town of Prosper, Collin County, Texas, being all of Lot 2, Block A of Victory at Frontier, an
addition to the Town of Prosper, Collin County, Texas, according to the Plat thereof recorded in Document No. 2018-699 of the Plat Records of
Collin County, Texas (P.R.C.C.T.), being that same tract of land conveyed to Bryan Road Retail Partners, LP by deed recorded in Document No.
20180920001181080 of the Deed Records of Collin County, Texas (D.R.C.C.T.) and being more particularly described by metes and bounds as
follows (Bearings and distances are based on the State Plane Coordinate System, Texas North Central Zone (4202) North American Datum of 1983
(NAD 83)(US Foot) with a combined scale factor of 1.000152710):
BEGINNING at a TXDOT monument found for the easternmost Northeast corner of said Lot 2, at the easterly end of a corner clip at the
intersection of the South right-of-way line of Frontier Parkway (variable width right-of-way) and the West right-of-way line of N. Preston Road
(State Highway 289) (variable width right-of-way);
THENCE, with the West right-of-way line of said N. Preston Road, the following courses and distances:
1. South 01 Degrees 23 Minutes 32 Seconds West, a distance of 117.44 feet to a TXDOT monument found;
2. South 04 Degrees 45 Minutes 06 Seconds East, a distance of 100.58 feet to a 1/2 inch rebar with a cap stamped "KHA" found;
3. South 01 Degrees 24 Minutes 24 Seconds West, a distance of 9.20 feet to a 1/2 inch rebar found for the Southeast corner of said Lot 2, same
being the easternmost Northeast corner of Lot 3, Block A of said addition;
THENCE North 88 Degrees 35 Minutes 36 Seconds West, departing the West right-of-way line of said N. Preston Road, with the easternmost North
line of said Lot 3, and with the South line of said Lot 2, a distance of 263.84 feet to a 1/2 inch rebar with a cap stamped "Windrose" found for the
Southwest corner of said Lot 2, same being an interior "ell" corner of said Lot 3;
THENCE North 00 Degrees 15 Minutes 13 Seconds East, with the northernmost East line of said Lot 3, and with the West line of said Lot 2, a
distance of 237.43 feet to a 1/2 inch rebar with a cap stamped "Windrose" found for the northernmost Northeast corner of said Lot 3, same being the
Northwest corner of said Lot 2, and lying on the South right-of-way line of said Frontier Parkway;
THENCE South 77 Degrees 20 Minutes 03 Seconds East, with the South right-of-way line of said Frontier Parkway, a distance of 38.42 feet to a 1/2
inch rebar with a cap stamped "Windrose" found for corner;
THENCE South 89 Degrees 53 Minutes 39 Seconds East, continuing with the South right-of-way line of said Frontier Parkway, a distance of 211.81
feet to a 1/2 inch rebar with a cap stamped "Windrose" found for the northernmost Northeast corner of said Lot 2, being at the West end of said
corner clip;
THENCE South 44 Degrees 42 Minutes 27 Seconds East, with the Southwest side of said corner clip, a distance of 11.61 feet to the POINT OF
BEGINNING and containing 59,998 square feet or 1.377 acres of land, more or less.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS
THAT Bryan Road Retail Partners, LP does hereby certify and adopt this plat designating the herein above described property as FINAL PLAT OF
LOT 2, BLOCK A, VICTORY AT FRONTIER, and does hereby dedicate to the public use forever, the streets and alleys shown thereon.
Bryan Road Retail Partners, LP, does herein certify the following:
1. The streets and alleys are dedicated for street and alley purposes.
2. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances.
3. The easements and public use areas, as shown, are dedicated to the public use forever for the purposes indicated on this plat.
4. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as
shown, except that landscape improvements may be placed in landscape easements if approved by the Town of Prosper.
5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused by maintenance or repair.
6. Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the
easement limits the use to particular utilities, said use by the public utilities being subordinate to the public's and Town of Prosper's use
thereof.
7. The Town of Prosper and public utilities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or
other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their
respective systems in the easements.
8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the
purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their
respective systems without the necessity at any time procuring permission from anyone.
9. All modifications to this document shall be by means of plat and approved by the Town of Prosper.
This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas.
WITNESS MY HAND AND SEAL OF OFFICE, this _____ day of ___________________, 2018.
BRYAN ROAD RETAIL PARTNERS, LP
By: _________________________________
__________________, ______________
Printed Name Position
STATE OF TEXAS §
COUNTY OF ______________ §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared
_______________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________day of ______________________ 20____.
___________________________________
Notary Public in and for the State of Texas
VICINITY MAP
NOT TO SCALE
LEGEND OF ABBREVIATIONS
D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS
P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS
R.O.W. RIGHT OF WAY
C.M. CONTROLLING MONUMENT
PRELIMINARY
STATE OF TEXAS §
COUNTY OF DENTON §
This is to certify that I, Thomas W. Mauk, a Registered Professional Land Surveyor of the State of Texas, have platted the subdivision
from an actual survey on the ground, and that this plat correctly represents that survey made by me or under my direction and
supervision.
______________________________
Thomas W. Mauk, R.P.L.S.
No. 5119
STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Thomas W.
Mauk, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ________day of ______________________ 20____.
___________________________________
Notary Public in and for the State of Texas
CERTIFICATE OF APPROVAL:
APPROVED THIS _____ DAY OF ____________, 20___ BY THE PLANNING
& ZONING COMMISSION OF THE TOWN OF PROSPER, TEXAS.
_________________________ TOWN SECRETARY
_________________________ DEVELOPMENT SERVICES DEPARTMENT
_________________________ ENGINEERING DEPARTMENT
PAGE 1 OF 1
SITE
SCALE: 1" = 40'
40'0 20'40'80'
ACCESS EASEMENT
The undersigned covenants and agrees that the access easement(s) may be utilized by any person or the general
public for ingress and egress to other real property, and for the purpose of general vehicular use and access, and for
the Fire Department, Police, and emergency use in, along, upon, and across said premises, with the right and
privilege at all times of the Town of Prosper, its agents, employees, workmen, and representatives having ingress,
egress, and regress in, along, upon, and across said premises.
FIRE LANE EASEMENT
The undersigned covenants and agrees that he (they) shall construct upon the Fire Lane Easements, as dedicated
and shown hereon, a hard surface paved in accordance with town standards and that he (they) shall maintain the
same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs,
or other improvements or obstructions, including but not limited to the parking, loading, or unloading of motor
vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of pavement in
accordance to town standards of the Fire Lane Easements is the responsibility of the owner, and the owner shall
post and maintain signage in accordance to town standards in conspicuous places along the Fire Lanes, stating "Fire
Lane, No Parking". The police or their duly authorized representative is hereby authorized to cause such fire lanes
and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use.
LANDSCAPE EASEMENT
The undersigned covenants and agrees that the landscape easement and restrictions herein set forth shall run with
the land and be binding on the owner(s) of the property in this subdivision, their successors and assigns, and all
parties claiming by, through and under them. In the event a replat is requested on all or part of this property, the
Town may require any similar or additional restrictions at its sole discretion. The sole responsibility for
maintenance and replacement of landscape materials thereof shall be borne by any ‘homeowners’ association
hereafter established for the owners of lots in this subdivision and/or the owners of the individual lots within this
subdivision. Such maintenance and replacement shall be in conformance with the requirements, standards, and
specifications of the Town of Prosper, as presently in effect or as may be hereafter amended. This provision may
be enforced by specific performance or by any other remedy allowed by law. This Landscape Easement shall be
void of utilities and other elements unless otherwise approved on the plat.
220 ELM STREET, SUITE 200 I LEWISVILLE, TX 75057 I 214.217.2544
FIRM REGISTRATION NO. 10194331 I WINDROSESERVICES.COM
ILAND SURVEYING PLATTING
WINDROSE
220 Elm St., # 200 - Lewisville, TX 75057
Ph. 972.221.9439 - TFRN# 10063800arthursurveying.com Established 1986
Contact: Eddie Rodriguez
FRONTIER PKWY
COLEMAN
1903 Central Drive Suite #406
Bedford, Texas 76021
Phone: 817-281-0572
SURVEYOR
Page 90
Item 9.
FOOD/BEVMERCHFOOD/BEVMERCH
SWITCHGEAR & METER
PROPANECAGE
BULKCO2
TRASH RECYCLE
USED COOKING OIL
ICE BOX DFH20'6.5'59.32'20'12'12'9'5'11'
9'TYP.
120.66'
4.9'
12'12'16'9'TYP.
17.47'
1.55'
24'20'30.5'
30' BUILDING LINE /LANDSCAPE
SETBACK
24'36'30'152.04'12.34'
6'
18'
20'9'TYP.24'R10'55.18'10'5'10'
20.1'
17.13'164.37'39.4'30' BUILDING LINE /LANDSCAPESETBACK93.4'40.5'29.17'24'FIRE LANE /ACCESS, DRAINAGE UTILITY ESMT.24'FIRE LANE /
ACCESS, DRAINAGE UTILITY ESMT.
PROPOSED 6,487 SF BUILDING(GAS STATION: 4,971 SF)
( RESTAURANT 1,516 SF)(OUTDOOR DINING: 510 SF)
FFE=524.75
5'
25' WATER ESMT.
2
1
510 SF
OUTDOORSEATINGAREA
PROP. FUEL CANOPY
(PER FUEL PLANS)
PROP. AIR/WATER
/VACUUMSTATION.
REFER TO ARCH.
PROP. FUEL
VENTS
PROP. 8' TRASH ENCLOSURE W/ BRICK
VENEER TO MATCH BUILDING AND W/METAIL GATES EQUAL IN HIEGHT OF THE
WALL ENCLOSURE PROP. PADMOUNTED
TRANSFORMERW/ SCREENING
PROP. PEDESTRIANACCESS ESMT.
404.78' TO INTERSECTION 272.8' TO INTERSECTION1,356 TO COLEMAN ST
PROP. B.F.R.
PROP.SERVICEDOOR
PROP. PIPE
BOLLARD TYP.
PROP. PIPE
BOLLARD TYP.
PROP. B.F.R.
EX. TRAFFIC
SIGNAL LIGHT
EX. TRAFFIC
SIGNAL LIGHT
PROP. B.F.R.12'18'30'30'
LOADING ZONE
PROP.
SCREEN WALL
R
3
0
'
215.01' STORAGE24'
100' TRANSITION
PROP. RIGHT TURNLANE
PROP. B.F.R.
R1
0
'
R2
2
'
24'
FDC
3
HEADLIGHT
SCREENIGN
HEADLIGHT
SCREENIGN
HEADLIGHT
SCREENIGN
R30'R5
4
'
R3
0
'R30'R20'R5'PROP. B.F.R.24'R5'R
3
'R3'R5
'
R2'
R54'
R
3
0
'R30'R225'R225'R25'R30'
EXISTING CURB INELT
TO BE REMOVED EXISTING SIGNTO BE RELOCATED R30'R3
0
'
R3
0
'30.93'32'
R
3
'
50.5'
EXISTING POWER POLE
TO REMAIN
EXISTING POWER POLE
TO REMAIN 5'34.5'
PROP. FIRE HYDRANT
10'R95'R105'R115'EXISTINGFIRE HYDRANT
TO REMAIN
25'15'16.2'
PROP. FIRE HYDRANT
EXIST. FIRE HYDRANT
EXISTING SANITARY
SEWER MANHOLE
DGTPROP. CURB INLET
PROP. JUNCTION BOX
PROP. GRATE INLET
PROP.GRATE INLET
PROP. DROP INLET
WATER ESMT.
PROP. CURB INELTR30'24'24'24'53'EXIST. FIREHYDRANT
WATER ESMT.
EXISTING SANITARY
SEWER MANHOLE
EXISTING SANITARY
SEWER MANHOLE
5'5'40.5'8.5'20'13.9'35'WATER ESMT.R3'R3'5' STREET ESMT.
PROPOSED DROP INLET
PROP. UNDERGROUNDSTORAGE TANK
(PER FUEL PLANS)
NO CURBS
NO CURBS
197.46'
END OF CURB & GUTTER
BEGIN OF CURB & GUTTER
PER DETAIL SHEET C-19.
STREET HEADERPER DETAIL SHEET C-19.
STREET HEADERPER DETAIL SHEET C-19.
STREET HEADERPER DETAIL SHEET C-19.
PROP. WATER ESMT.BY PLAT
DRAINAGE & SANITARYSEWER EASEMENT
DOC. NO. 2018-699P.R.C.C.T.
10' WATER EASEMENT
DOC. NO. 20080623000754670R.P.R.C.C.T.
24' DRAINAGE & SANITARY
FRONTIER PARKWAYVARIABLE WIDTH RIGHT-OF-WAY(DOC. NO. 20090721000915890, D.R.D.C.T.)N. PRESTON ROAD
(STATE HIGHWAY 289)
VARIABLE WIDTH RIGHT-OF-WAY
(VOLUME 621, PG. 114, D.R.D.C.T.)
LOT 3, BLOCK A
VICTORY AT FRONTIERDOC. NO. 2018-699
P.R.CC.T.
LOT 3, BLOCK AVICTORY AT FRONTIERDOC. NO. 2018-699
P.R.CC.T.
LOT 2, BLOCK A
59,998 SQ.FT.
1.377 ACRES
VICTORY AT FRONTIER
DOC. NO. 2018-699
P.R.CC.T.
30' RIGHT-OF-WAY DEDICATIONDOC. NO. 2018-699P.R.C.C.T.N88°35'36"W263.84'N0°15'13"E 237.43'S89°53'39"E211.81'S1°23'32"W 117.44'
S4°45'06"E 100.58'
S44°42'27"E11.61'121.77'84.71'
59.13'
PROP. DRAINAGEMANHOLE
PROP. ICE
CONTAINER
DATENo.REVISIONBYDATE:
SHEET
File No. 2018-135
9/26/2019
CHECKED:
DRAWN:MKT
DESIGN:7 ELEVENLOT 2, BLOCK AVICTORY AT FRONTIERPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
ASD
10/04/2021
MKTMKT110/16/2019REVISED NOTES FOR EXIST.FIRE HYDRANTSMKT22/19/2020REVISED DOMESTIC SERVICE& GAS SERVICE LOCATIONSMKT35/11/2020REVISED DECELERATIONLANE PAVEMENT SECTIONMKT49/23/20206" WATER LINE ADDEDMKT52/18/2021BOLLARDSS.U.P. EXHIBIT B(SHEET 1 OF 2)EX-B
COUNTY SURVEY:ABSTRACT NO.
COLLIN SPENCER RICE 787
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
DEVELOPER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
WINDROSE LAND SURVEYING & PLATTING
220 SOUTH ELM STREET, SUITE 200
LEWISVILLE, TX 75057
PH: 214.217.2544
SCHAFFER CONSTRUCTION
2601 NETWORK BLVD., SUITE #413
FRISCO, TEXAS 75034
PH: 972.951.7851
LOT 2, BLOCK A
VICTORY AT FRONTIER
DOC. NO. 2018-699
DOC. P.R.C.C.T.
1.377 ACRES
(59,998 SF)
7 ELEVEN
CONTACT NAME: SHANE PARTRIDGE
CONTACT NAME: MATT MOORE
CONTACT NAME: JACK BARTON
SUP EXHIBIT B
CASE #: D18-0127
0
GRAPHIC SCALE
1 inch = ft.
20 20 40
20
10
ACCORDING TO MAP NO. 48085C0120J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
TOWN OF PROSPER SITE PLAN GENERAL NOTES:
1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE
WITH THE ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH
THE ZONING ORDINANCE.
3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS
CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE
ZONING ORDINANCE.
6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE
DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR
AS DIRECTED BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL
TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM
TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS
OF THE CURRENT, ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND
ARE SUBJECT TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL
APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.
14. SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES
AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND
BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN
STANDARDS.
15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE
APPROVED BY THE ENGINEERING DEPARTMENT.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED
UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN
ACCORDANCE WITH THE ZONING ORDINANCE.
19. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF
EASEMENT.
20. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE
CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER,
CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT
PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING
REQUIREMENTS.
21. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.
22. THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN
(18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONING
COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE
SUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDING
PERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOT
APPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITE
PLAN FOR THE PROPERTY, IS NULL AND VOID.
BENCHMARK:
1. AN 'X' CUT ON A CURB INLET WHICH BEARS
S13°47'E,84.93' FROM THE SOUTHEAST PROPERTY
CORNER. POSTED ELEVATION: 708.16'
2. AN 'X' CUT SET WHICH BEARS S02°38'W, 458.75'
FROM THE SOUTHWEST PROPERTY CORNER.
ELEVATION:704.14
WATER METER SCHEDULE
ID TYPE SIZE NO.
DOM. 2" 1
IRR. 1 1/2" 1
1
2
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
LEGEND
6" MEDIUM DUTY CONCRETE PAVEMENT.
5" LIGHT DUTY CONCRETE PAVEMENT.
8" DUMPSTER AREA CONCRETE PAVEMENT.
PROPOSED CONCRETE SIDEWALK.
PROPOSED CONCRETE CURB AND GUTTER.
PARKING COUNT
PROPOSED SIDEWALK PER CITY STANDARDS
PROPOSED DRIVEWAY PAVEMENT PER CITY
STANDARDS.
N.T.S.
VICINITY MAP
NN PRESTON RDFRONTIER PKWY
SITE
E PROSPER TRAIL
FUTURE MEDIAN
(BY OTHERS)
GREASE
TRAP 1000 gal.13MATCHLINE 1
1
SIGN
SIGN
Page 91
Item 9.
Page 92
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Conduct a public hearing and consider and act upon a request for a Specific Use Permit (SUP) for
a Drive-Through Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier
development, located on the west side of Preston Road, south of Frontier Parkway. The property
is zoned Planned Development-10 (PD-10). (S21-0004).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Planned Development-10 Undeveloped Retail & Neighborhood
Services District
North Planned Development-10
& Specific Use Permit
Convenience Store with
Gas Pumps (7-Eleven)
Retail & Neighborhood
Services District
East Planned Development-10 Undeveloped Retail & Neighborhood
Services District
South Planned Development-10 Victory at Frontier Retail & Neighborhood
Services District
West Planned Development-10 Undeveloped Retail & Neighborhood
Services District
Requested Zoning – The purpose of this request is to allow for a drive-through restaurant use
within a 4,845 square-foot multi-tenant building. It is anticipated the drive-through restaurant user
will be a Chipotle, or comparable. As shown on Exhibit B, the site includes adequate parking and
stacking, as well as an outdoor dining area. Exhibit C is a conceptual landscape plan, which
depicts the location of required landscaping. The landscaping meets the minimum standards of
the Town’s Zoning Ordinance. Exhibit D shows a conceptual rendering of the architectural look
and style of the building.
Prosper is a place where everyone matters.
PLANNING
Page 93
Item 10.
Page 2 of 2
The applicant has also provided a draft master plan of the development depicting the known
development at this time in order to show how the subject request fits into their overall vision.
The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP
request, as follows:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
2. Are the activities requested by the applicant normally associated with the requested use?
3. Is the nature of the use reasonable?
4. Has any impact on the surrounding area been mitigated?
Staff believes the applicant has satisfied the noted criteria and recommends approval of the
request, subject to the conditions outlined below.
Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood Services
uses for the property. This request conforms to the Future Land Use Plan.
Conformance to the Thoroughfare Plan – The property has direct access to Preston Road, a six-
lane divided thoroughfare. The SUP exhibit complies with the Thoroughfare Plan.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has not received any Public Hearing Notice Reply Forms in response
to this request.
Attached Documents:
1. Location and Zoning Maps
2. SUP Exhibits A and B
3. Draft Master Plan (for informational purposes only)
Planning & Zoning Commission Recommendation:
At their November 2, 2021, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 6-1, subject to Town Council approval of a Development
Agreement, including, but not limited to, right-of-way and/or easement dedication, and
architectural building materials.
Staff Recommendation:
Staff recommends approval of the request for a Specific Use Permit (SUP) for a Drive-Through
Restaurant with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development,
subject to Town Council approval of a Development Agreement, including, but not limited to, right-
of-way and/or easement dedication, and architectural building materials.
Proposed Motion:
I move to approve the request for a Specific Use Permit (SUP) for a Drive-Through Restaurant
with Drive-Through Service, on 1.2± acres, in the Victory at Frontier development, subject to
approval of a Development Agreement, including, but not limited to, right-of-way and/or easement
dedication, and architectural building materials.
Page 94
Item 10.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFRONTIER PKWY
PRESTON RDPRESTON RD0 500250Feet
µ
S21-0004 Victory at Frontier
This map is for illustration purposes only.
Page 95
Item 10.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDPD-10 PD-15RR
FRONTIER PKWY
PRESTON RDPRESTON RD0 500250Feet
µ
S21-0004 - Victory at Frontier
This map is for illustration purposes only.
Page 96
Item 10.
LOT 3, BLOCK A,VICTORY AT FRONTIERVOL. 2018, PG. 699P.R.C.C.T.
LOT 2, BLOCK A,VICTORY AT FRONTIER
VOL. 2018, PG. 699P.R.C.C.T.OUOUOUOUOUOUOUOUOUN. PRESTON ROAD(STATE HIGHWAY 289)VARIABLE WIDTH R.O.W. AS SHOWN ON VOL. 2018, PG. 699, P.R.C.C.T.PORTION OF LOT 3, BLOCK AVOL. 2018, PG. 699
P.R.C.C.T.
1.198 ACRES
52,186 SQUARE FEET
N88°35'37"W 344.09'N01°24'24"E 167.98'N89°26'11"E 83.18'S00°15'13"W26.31'
S88°35'36"E 263.84'S01°24'24"W 76.26'S04°16'09"W 68.37'LOT 3, BLOCK A,VICTORY AT FRONTIERVOL. 2018, PG. 699
P.R.C.C.T.
CATEGORY 1A, CONDITION II LAND TITLE SURVEY
PORTION OF LOT 3, BLOCK A
VICTORY AT FRONTIER
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
PROPERTY DESCRIPTION
BEING a portion of Lot 3 in Block A of Victory at Frontier, an addition in the Town of Prosper, Collin County, Texas, according to
the plat recorded under Volume 2018, Page 699, Plat Records of Collin County, Texas, (P.R.C.C.T.), the subject tract being more
particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North
Central Zone, North American Datum of 1983 (NAD '83)):
BEGINNING at a 1/2 inch rebar with pink cap stamped, “BARTON CHAPA” set (hereinafter called “capped rebar set”) for the
southeast corner of the herein described tract, said point being in the east line of said Lot 3;
THENCE through the interior of said Lot 3 the following calls:
1. North 88 degrees 35 minutes 37 seconds West, a distance of 344.09 feet to an “X” cut in concrete set;
2. North 01 degrees 24 minutes 24 seconds East, a distance of 167.98 feet to an “X” cut in concrete set;
3. North 89 degrees 26 minutes 11 seconds East, a distance of 83.18 feet to an “X” cut in concrete set in the west line of Lot
2 in said Block A;
THENCE South 00 degrees 15 minutes 13 seconds West, with the west line of said Lot 2, a distance of 26.31 feet to a capped
rebar set;
THENCE South 88 degrees 35 minutes 36 seconds East, with the south line of said Lot 2, a distance of 263.84 feet to a capped
rebar set for the southeast corner thereof, same being a northeast corner of said Lot 3;
THENCE South 01 degrees 24 minutes 24 seconds West, with the east line of said Lot 3, a distance of 76.26 feet to a capped
rebar set;
THENCE South 04 degrees 16 minutes 09 seconds West, with the east line of said Lot 3, a distance of 68.37 feet to the POINT
OF BEGINNING and enclosing 1.198 acres (52,186 square feet) of land, more or less.
TITLE COMMITMENT NOTES
This survey was prepared without the benefit of a commitment for title insurance. Therefore, easements,
agreements, or other documents, either recorded, or unrecorded may exist that affect the subject property that are
not shown on this survey.
SURVEYOR'S CERTIFICATE
This is to certify that I, John H. Barton III, a Registered Professional Land Surveyor of the State of Texas, have
prepared this map from an actual survey on the ground, and that this map correctly represents that survey made by
me or under my direction and supervision. This survey meets the minimum requirements for a Category 1A,
Condition II Land Title Survey. Fieldwork was completed on September 14, 2020.
Date of Plat/Map: September 15, 2020
_____________________________
John H. Barton III, RPLS# 6737
TERMS OF ACCEPTANCE OF SURVEY
This survey is issued pursuant to a real estate transaction and is appurtenant to the title commitment referenced in
the "Title Commitment Notes" This survey is issued for use in such transaction. Notwithstanding any of the above
statements, the surveyor has a contractual relationship with one client or entity. Review/requested revisions by
other parties must be received by or through such entity. Client is responsible for reviewing survey (including, but
not limited to: notations; existence or lack of spelling/grammatical/typographical errors; certified parties; dates;
instruments) within thirty (30) days of the date of plat or map. After such time has passed, client accepts survey as
issued, and further revisions are not embraced by the above certification. Additional or altered commitments for
title insurance will require an new or re-issued survey. Please feel free to request pricing for this at
info@bcsdfw.com, or call (817) 864-1957.
VICINITY MAP - NOT TO SCALE
SITE
PRELIMINARY
THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE
AND SHALL NOT BE USED, VIEWED, OR RELIED UPON AS A FINAL
SURVEY DOCUMENT September 15, 2020
POINT OFBEGINNING
shrub/decorative tree
gas valve
bollard
grate inlet
gas meter
signsanitary sewer manholestorm water manhole
telephone manholetank fill lidtelephone pedestaltraffic signal poleutility clean out
electric utility cabinet
elect. utility vault
utility markings
utility/service poleutility sign
water shutoffwater valvewellwater meter
tree
cable tvelectric meterfence or guardrail
fire dept. connection
fire hydrant
or tree with diameter < 4 in.
contour lines
irrigation control valveair conditioning unit
comm. utility cabinet
comm. utility vault
gas well
area drain
cable tv riserair release valve
water utility vault
LEGEND OF SYMBOLS
LEGEND OF ABBREVIATIONS
·D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS
·P.R.C.C.T. PLAT RECORDS, COLLIN COUNTY, TEXAS
·O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
·DOC.# DOCUMENT NUMBER
·C.M. CONTROLLING MONUMENT
·SQ. FT. SQUARE FEET
·ROW RIGHT OF WAY
·CRS CAPPED REBAR SET
SHEET:
Z:\Project Data\Survey\001 - Kirkman Engineering\2020\148 - Frontier Retail\Drawings
SURVEYOR'S NOTES:
1. Bearings are based on the State Plane Coordinate System, Texas North
Central Zone (4202) North American Datum of 1983 (NAD '83),
distances are surface with a combined scale factor of 1.00015271.
2. This property lies within Zone "X" of the Flood Insurance Rate Map for
Collin County, Texas and Incorporated Areas, map no. 48085C0120J,
with an effective date of June 2, 2009, via scaled map location and
graphic plotting.
3. Monuments are found unless specifically designated as set.
4. Elevations (if shown) are North American Vertical Datum of 1988
(NAVD '88).
NOTE REGARDING UTILITIES
Source information from plans and markings will be combined with observed
evidence of utilities pursuant to Section 5.E.iv. to develop a view of the
underground utilities. However, lacking excavation, the exact location of
underground features cannot be accurately, completely, and reliably
depicted. In addition, in some jurisdictions, 811 or other similar utility locate
requests from surveyors may be ignored or result in an incomplete response,
in which case the surveyor shall note on the plat or map how this affected the
surveyor’s assessment of the location of the utilities. Where additional or
more detailed information is required, the client is advised that excavation
and/or a private utility locate request may be necessary.
Utility locations are per observed evidence.
5200 State Highway 121
Colleyville, TX 76034
Phone: 817-488-4960
DRAWN: BCS
CHECKED: JHB
TABLE OF REVISIONS
DATE SUMMARY
PROSPER,
TEXAS
CATEGORY 1A,
CONDITION II
LAND TITLE
SURVEY
VO1
VICTORY AT
FRONTIER
JOB NO. 2020.001.148
SCALE: 1" = 30'
30'0 15' 30'60'
Page 97
Item 10.
UP
UP
FH
SSSS
SS
FH
EX BUILDING
(7-11 FUEL STATION)
PROPOSEDBUILDING
(BY OTHERS)(CASE NO. D20-0002)EX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHEEX OHE7197187177167157
1
5
7
1
6 717718719
720
721
722
723
724
725
722
721
719
7197
2
0
7
2
1
7
2
2
72
3
72
4
72
5
72
6
7
2
7725725
7247240
7
2
3
724
720
7187
2
8
72872872772972472
4
723722
721
720
719718
717
716
715714
7217207197187177167157147137127117
2
5
724723
72
2721719720721722723723FH15' BUILDINGSETBACKLOT 3, BLOCK A
VICTORY AT FRONTIER LLC
DOC. NO. 20161122001590950
D.R.C.C.T.
LAND USE: UNDEVELOPED
LOT 4 BLOCK A
Victory At Frontier
LLC N PRESTON ROAD(STATE HIGHWAY 289)VARIABLE WIDTH ROW AS SHOWN ON VOL. 2018, PG 699 P.R.C.C.T.N1°24'24"E167.98'N89°26'11"E 83.18'
S88°35'36"E 263.84'
S0°15'13"W
26.31'
S4°16'09"W
68.37'
Δ=17°08'39"
R=205.00',
L=61.34'
CB=N10°48'48"W
CD=61.11'
N88°35'37"W 344.09'
LOT 2, BLOCK A
VICTORY AT FRONTIER LLC
VOL. 2018, PG 699 P.R.C.C.T.
LAND USE: RETAIL/FUEL
STATION
PROPTION ON LOT 3,
BLOCK A
Victory At Frontier LLC
VOL. 2018, PG. 699
P.R.C.C.T.
1.198 ACRES
52,186 SF
EXITONLYPROPOSEDBUILDING
RESTAURANT = 4,585 SF
13
12
6
7
5
8
5
DRIVETHRU30' LANDSCAPE AND BUILDING SETBACK15' BUILDING SETBACK
EX. 24.0' F.A.U.E.12.0'12.0'18.0'EX. 24.0' FA.U.E.12.0'12.0'12' WIDEDRIVE THRU
EX. FIREHYDRANT
EX. FIRE
HYDRANT
PROP.
SIDEWALK
PROP.
SIDEWALK
PROPOSED
GRATE INLET
EX. SSMH
EX. SSMH
WATER EASEMENT
DOC.# 20200415000542160
O.P.R.C.C.T.
24' DRAINAGE AND
SANITARY SEWER
EASEMENT
VOL. 2018, PG 699,
P.R.C.C.T.
2' OVERHANG
2' OVERHANG
PROPOSED 10' HIKE
AND BIKE TRAIL
2' OVERHANG
PROPOSED
13'X15' 8.0' MASONRY
DUMPSTER ENCLOSURE
PROP. 2" DOMESTIC
WATER METER
PROP. 1" IRRIGATION
WATER METER DRIVE THRU
ORDER BOARD
ADA ACCESSIBLE
PARKING SPACE
EXISTING 10' HIKE
AND BIKE TRAIL
PROPOSED 10' HIKE
AND BIKE TRAIL
(BY OTHERS)
(CASE NO. D20-0002)
PROPOSED DEVELOPMENT
BY OTHERS(CASE NO. D20--0002)
PROPOSED DEVELOPMENT
BY OTHERS(CASE NO. D20--0002)
EXISTING DEVELOPMENT
REFER TO CIVIL CONSTRUCTIONPLANS PREPARED BY CLAY
MOORE ENGINEERING( FILE NO. 2018-135)
EX, SSMH
EXISTING
CONCRETE
DRIVEWAY16.9'EX. WATER
EASEMENT
EX. WATER
EASEMENT
15' BUILDING
SETBACK
5' LANDSCAPE
BUFFER 12.0'10.2'CLEARANCE
HEIGHT BAR
9.0'
18.0'9.0'18.0'24.0'20.0'20.0'24.0'9.0'9.0'12.0'10.0'10.5'10.0'11.5'7.5'10.0'5' LANDSCAPE
BUFFER
1
3
.
0
'15.0'9.0'8.0'8.0'8.0'18.0'R5'R 5'R5'R5'
30.0'
10.0'
PATIO
260 SF
30' LANDSCAPE AND
ACCESS EASEMENT
R 5 'R5
'R5'R
5'R10'R10 'R
3
0
'R10'20.0'9.0'
5.0'12.0'5.5'
30.0'12.0'
18.0'9.0'2' OVERHANG
5' LANDSCAPE
BUFFER
5.0'5.0'9.0'R
3
0
'R 3 0 'R
5'R 5'R 10'R10
'
EXISTING 10' HIKE AND BIKE
TRAIL TO BE REALIGNED TO
MATCH PROPOSED TRAIL PLAN
LEGEND
C3.0
FILENAME: C1.0 SITE PLAN_VIC21019.dwgPLOTTED BY: Sandy ChauFULL PATH: K:\Jobs\VIC21019_Frontier Tract D\Drawings\SUP\03 - ProductionK:\Jobs\VIC21019_Frontier Tract D\Drawings\SUP\03 - Production\C1.0 SITE PLAN_VIC21019PLOTTED DATE: 10/26/20216125 LUTHER LANE SUITE 583
DALLAS, TX 75225-6202
214-934-2566
SHEET:REV:DATE:DESCRIPTION:VICTORY ATFRONTIER - LOT 5LOT 5, BLOCK ATOWN OF PROSPERCOLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
TEXAS FIRM NO. 15874
JOB NUMBER:
ISSUE DATE:
VIC21019
10/19/2021
E N G I N E E R I N G
P R E L I M I N A R YF O R R E V I E W O N L YTHESE DOCUMENTS ARE FOR
DESIGN REVIEW ONLY ANDNOT INTENDED FOR THEPURPOSES OF CONSTRUCTION,BIDDING OR PERMIT. THEYWERE PREPARED BY, OR
UNDER THE SUPERVISION OF:
P.E.# 108577PATRICK C. FILSON
DATE: 10/26/2021
KE SITE PLAN DATA TABLE
EXISTING ZONING PD-10
LOT AREA (SF) / (ACRES)52,186 SF / 1.198 AC.
TOTAL BUILDING AREA (SF)RESTAURANT: 4,845 SF
BUILDING HEIGHT 20'-0" (1 STORY)
MAXIMUM FAR (4:1)9.28% / 0.0928:1
SITE PLAN
CASE NO. S21- 0004
VICTORY AT FRONTIER LOT 5
1.198 ACRES
LOT 5, BLOCK A
VICTORY AT FRONTIER, LLC
(VOL. 2018, PAGE 699)
P.R.R.C.T.
TOWN OF PROSPER, COLLIN, TEXAS
PREPARATION DATE: 10/25/2021
OWNER/APPLICANT
VICTORY AT FRONTIER, LLC
6125 LUTHER LANE STE 583
DALLAS, TX 75225-6202
PH: 214-934-2566
CONTACT: BOBBY MENDOZA
LANDSCAPE ARCHITECT
LONDON LANDSCAPES
P.O. BOX 28
COLLINSVILLE, TS 76233
CONTACT: AMY LONDON, RLA
ENGINEER
KIRKMAN ENGINEERING, LLC
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
PH: 817-488-4960
CONTACT: PATRICK FILSON, PE
SURVEYOR
BARTON CHAPA SURVEYING
5200 STATE HIGHWAY 121
COLLEYVILLE, TX 76034
PH: 817-864-1957
CONTACT: JACK BARTON, RPLS
EXHIBIT B
SITE PLAN
NOTE TO CONTRACTOR
THE CONTRACTOR SHALL FIELD VERIFY THE LOCATION AND
DEPTH OF ALL EXISTING UTILITIES (WHETHER SHOWN ON PLANS
OR NOT) PRIOR TO COMMENCING CONSTRUCTION. IF FIELD
CONDITIONS DIFFER SIGNIFICANTLY FROM LOCATIONS SHOWN ON
THE PLANS, THE CONTRACTOR SHALL CONTACT THE PROJECT
ENGINEER PRIOR TO PROCEEDING WITH CONSTRUCTION.
GRAPHIC SCALE
FEET04020
SCALE: 1" = 20'
LAYOUT & DIMENSIONAL CONTROL NOTES:
1. BOUNDARY LINES AND EASEMENT: REFER TO THE FINAL PLAT TO
VERIFY PROPERTY LINES AND EXISTING EASEMENT LOCATIONS.
2. DIMENSION CONTROL: UNLESS NOTED OTHERWISE, ALL PAVING
DIMENSIONS SHOWN ARE TO FACE OF CURB.
3. CURB RADII: UNLESS NOTED OTHERWISE, ALL CURB RADII SHALL
BE 3' AT FACE OF CURB.
4. BUILDING DIMENSIONS: REFERENCE ARCHITECTURAL PLANS FOR
EXACT BUILDING DIMENSIONS.
5. CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND
COORDINATES PRIOR TO CONSTRUCTION.
6. ALL COORDINATES ARE U.S. SURVEY FEET, NAD '83 SURFACE.
KE PARKING DATA TABLE
RESTAURANT PARKING REQUIREMENT 1 SPACE PER 100 SF
BUILDING AREA / PATIO AREA 4,585 SF / 260 SF = 4,845 SF
RESTAURANT PARKING SPACES REQUIRED 49 SPACES
TOTAL PARKING SPACES PROVIDED 56 SPACES
REQUIRED ADA PARKING 3 SPACES (1 VAN)
PROVIDED ADA PARKING 3 SPACES (1 VAN)
IMPERVIOUS AREA (SF)42,956 SF
REQUIRED LANDSCAPING (10% OF LOT AREA)5,218 SF
PROVIDED LANDSCAPING 8,069 SF
Know what's below.before you dig.Call
R
PROPOSED FIRE HYDRANT
PROPOSED CURB INLET
ACCESSIBLE ROUTE
PARKING COUNT
PROPERTY BOUNDARY
PROPOSED PAVEMENT
FH
10N PRESTON RDFRONTIER PKWY
N COLEMAN ST
SUBJECT
SITE
VICINITY MAP
N.T.S.
24.0'
18.0'9.0'Page 98
Item 10.
EXITONLYPROPOSEDBUILDINGRESTAURANT = 4,585 SF131267585DRIVETHRUPROP. 2" DOMESTICWATER METERPROP. 1" IRRIGATIONWATER METERR5'R5'R5'R5'R5'R5'R5'R5'R10'R
1
0'R30'R10'R30'R30'R5'R5
'R1
0
'R10'WWWWWWEx WEx WEx WEx WEx WEx WEx W Ex WEX WTREX WTREX SSEX SSEX SSEX SSEX WTREX WTR EX WTR EX WTR EX WTR EX WTR EX WTR EX WTREX SS EX SS EX SS EX SS EX SS EX SS EX SS Ex WEx WEx WEx W Ex W Ex W Ex W Ex W Ex W Ex W Ex WEX WTREX WTR EX WTR EX WTR EX WTRFHSSSSSSEX WTR
EX WTREX WTREX WTREX WTREX WTRFHEX OHE EX OHE EX OHE EX OHE EX OHE EX OHE EX OHE EX OHE EX OHE
719718717716715715716717718719720721
722723724725722721719719720721722723724725726727725
72
5 7247240 7237247207187287
2
8
728
72
7
7297
2
4
724723722721720719718717716721720719718717716715714713712711
725721723 FHLOT 3, BLOCK AVICTORY AT FRONTIER LLCDOC. NO. 20161122001590950D.R.C.C.T.LAND USE: UNDEVELOPEDN PRESTON ROAD
(STATE HIGHWAY 289)
VARIABLE WIDTH ROW AS SHOWN ON VOL. 2018, PG 699 P.R.C.C.T.
N1°24'24"E 167.98'N89°26'11"E83.18'S88°35'36"E263.84'S0°15'13"W26.31'S4°16'09"W68.37'Δ=17°08'39"R=205.00',L=61.34'CB=N10°48'48"WCD=61.11'N88°35'37"W344.09'LOT 2, BLOCK AVICTORY AT FRONTIER LLCVOL. 2018, PG 699 P.R.C.C.T.LAND USE: RETAIL/FUELSTATIONPROPTION ON LOT 3,BLOCK AVictory At Frontier LLCVOL. 2018, PG. 699P.R.C.C.T.1.198 ACRES52,186 SFP.O. BOX 28 COLLINSVILLE, TEXAS 76233WWW.LONDON-LANDSCAPES.NETKEYTREESSHRUBSGROUNDCOVERA MINIMUM 10% OF PLATTED AREA TO BE LANDSCAPED·REQUIRED LANDSCAPE AREA: 52,186 SF X 10% = 5,218 SF·PROVIDED: 8,069 SF30' LANDSCAPE BUFFER ALONG PRESTON ROAD MEASURED FROM THE PROPERTY LINE·REQUIRED: 1 CANOPY TREE FOR EVERY 30 LINEAR FEET129.71 LF / 30 = 5 TREES·PROVIDED: 5 TREES·REQUIRED: A MINIMUM OF 15 SHRUBS WITH A MINIMUM SIZE OF FIVE (5) GALLONS EACH WILL BEPLANTED IN THE LANDSCAPE AREA FOR EVERY 30 LINEAR FEET OF FRONTAGE129.71 LF / 30 = 5 X 15 SHRUBS = 75 SHRUBS·PROVIDED: 75 SHRUBS5' LANDSCAPE BUFFER AROUND THE PERIMETERS OF THE PROPERTY·REQUIRED: ONE SMALL TREE AND ONE FIVE-GALLON SHRUB SHALL BE PLANTED EVERY 15LINEAR FEET.167.98' x 15 = 12 TREES AND 12 SHRUBS·PROVIDED: 12 TREES AND 23 SHRUBSINTERIOR PARKING LANDSCAPING (ALL REQUIRED AND PROVIDED)·REQUIRED: 15 SQ. FT. OF LANDSCAPING FOR EACH PARKING SPACE SHALL BE PROVIDED WITHINTHE PAVED BOUNDARIES OF THE PARKING LOT AREA.·PROVIDED: YES·REQUIRED: LANDSCAPE ISLAND (160 SF & NO LESS THAN 9' WIDE AND AN EQUAL LENGTH TO THEABUTTING PARKING SPACE) AT THE END OF EVERY PARKING ROW WITH A CANOPY TREE·PROVIDED: YES·REQUIRED: EVERY 15 PARKING SPACES MUST BE INTERRUPTED BY A LANDSCAPE ISLAND·PROVIDED : YES·REQUIRED: A CANOPY TREE WITHIN 150 FEET OF EVERY PARKING SPACE·PROVIDED: YESLANDSCAPE CALCULATIONS0GRAPHIC SCALE(IN FEET)1 INCH = FEET20402020EXHIBIT CLANDSCAPEPLANL1.006125 LUTHER LANE SUITE 583DALLAS, TX 75225-6202214-934-2566SHEET:REV:DATE:DESCRIPTION:VICTORY AT
FRONTIER - LOT 5
LOT 5, BLOCK A
TOWN OF PROSPER
COLLIN COUNTY, TEXASKIRKMAN ENGINEERING, LLC5200 STATE HIGHWAY 121COLLEYVILLE, TX 76034TEXAS FIRM NO. 15874JOB NUMBER:ISSUE DATE:VIC2101910/26/21EN G I N E E R I N G10/26/21HIOSTE
M
CCTTES
A
A
ETSTAIREG
12OF97ETX
RLDR
E
CAANDSEPANNOLDS.YPage 99Item 10.
Page 100
Item 10.
Page 101Item 10.
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Rebecca Zook, P.E., Executive Director of Development & Infrastructure
Services
Khara Dodds, AICP, Director of Development Services
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Conduct a public hearing and consider and act upon a request to rezone 9.1± acres from Office
(O) to Planned Development-Office (PD-O), to allow for a Veterinarian Clinic and/or Kennel, Indoor
as a permitted use, located on the north side of Fishtrap Road, west of Legacy Drive. (Z21-0011).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land
Use Plan
Subject
Property Office Office Development Retail & Neighborhood
Services
North Planned Development-
66-Single Family Undeveloped Medium Density
Residential
East Planned Development-
66-Single Family Undeveloped Medium Density
Residential
South Planned Development-
14-Single Family
Residential Subdivision
(Parks at Legacy)
Medium Density
Residential
West Agricultural Church (Church of
Celebration Metro)
Retail & Neighborhood
Services
Requested Zoning – The purpose of this request is to rezone the 9.1± acres of land from its current
Office (O) designation to a Planned Development-Office (PD-O) district, in order to allow a
Veterinarian Clinic and/or Kennel, Indoor as a permitted use by right. The site is currently
developed with two (2) existing office buildings. This request would allow a veterinarian and/or
indoor kennel to occupy space within the existing development. The proposed use is defined as
an establishment, not including outside pens, where animals and pets are admitted for
Prosper is a place where everyone matters.
PLANNING
Page 102
Item 11.
Page 2 of 3
examination and medical treatment, or where domesticated animals are housed, groomed, bred,
boarded, trained, or sold for commercial purposes.
As shown below, the surrounding properties include a church to the west, floodplain to the north
and east, and a minor thoroughfare separating the neighborhood to the south.
Staff believes the proposed use is reasonable in an office district in this location.
Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood Services.
Thoroughfare Plan – The property will have direct access to the future extension of Fishtrap Road,
a 90-foot right-of-way, 4-lane divided minor thoroughfare.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail may be needed at the time of development.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has not received any Public Hearing Notice Reply Forms in response
to this request.
Attached Documents:
1. Location and Zoning Maps
2. PD Exhibits
Planning & Zoning Commission Recommendation:
At their November 2, 2021, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 7-0.
Staff Recommendation:
Staff recommends approval of the request to rezone 9.1± acres from Office (O) to Planned
Development-Office (PD-O), to allow for a Veterinarian Clinic and/or Kennel, Indoor as a permitted
use, located on the north side of Fishtrap Road, west of Legacy Drive.
Page 103
Item 11.
Page 3 of 3
Proposed Motion:
I move to approve the request to rezone 9.1± acres from Office (O) to Planned Development-
Office (PD-O), to allow for a Veterinarian Clinic and/or Kennel, Indoor as a permitted use, located
on the north side of Fishtrap Road, west of Legacy Drive.
Page 104
Item 11.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFISHTRAP RD
CLEARWATER DR LEGACY DRVI
L
LAGE
PARK
LN
EASTMINSTER DRWESTMINSTER DR FIRST ST
ELM PARK DRSHADOW RIDGE DRWALWORTH DRWINSOR DRCHAUCER DRLEGACY DR0 750375Feet
µ
Z21-0011 - CHC Fishtrap
This map is for illustration purposes only.
Page 105
Item 11.
FM 1385W UNIVERSITY DR
E FIRST ST
PARVIN RD
E UNIVERSITY DR N CUSTER RDE PROSPER TRL
W FIRST ST
W FRONTIER PKWY E FRONTIER PKWY
PROSPER RD
N PRESTON RDN DALLAS PKWYS PRESTON RDFISHTRAP RD
GEE RDFISHTRAP RD
CLEARWATER DR LEGACY DRVI
L
LAGE
PARK
LN
EASTMINSTER DRWESTMINSTER DR FIRST ST
ELM PARK DRSHADOW RIDGE DRWALWORTH DRWINSOR DRCHAUCER DRLEGACY DRPD-14
PD-66
PD-65
PD-14
PD-66
A
BP
SF
SF
R
C
O
R
0 750375Feet
µ
Z21-0011 - CHC Fishtrap
This map is for illustration purposes only.
Page 106
Item 11.
Page 107Item 11.
1
Z21-0011
EXHIBIT B
DEVELOPMENT STANDARDS
CHC FISHTRAP
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise
set forth in these Development Standards, the regulations of the Town’s Zoning Ordinance, as it
exists or may be amended, and the Subdivision Ordinance, as it exists or may be amended, shall
apply.
1. Except as noted below, the Tract shall develop in accordance with the Office District, as it
exists or may be amended.
2. Permitted Uses
Veterinarian Clinic and/or Kennel, Indoor shall be a permitted use by right.
Page 108
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Betty Pamplin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – November 23, 2021
Agenda Item:
Consider the adoption of a resolution calling the Town of Prosper, Texas General Obligation
Bonds, Series 2012 for redemption prior to maturity and approving all matters incidental thereto.
(BP)
Description of Agenda Item:
The 2012 General Obligation Bonds were sold to fund street capital projects. The bonds maturing
in years 2023 – 2032 are callable on February 15, 2022. The interest rates on the callable bonds
are 3.00% to 3.25% and they are callable at par. The FY 2021-22 adopted budget included $2.0
million from the Debt Service Fund to pay off a portion of the bonds. During refunding discussions
Town Council expressed a desire to pay off the remainder of the debt with cash rather than issue
refunding bonds. This resolution would authorize the Town Manager to pay off the full amount of
the bonds with cash in the amount of $2,428,581.25. The balance of the cash needed to pay off
the 2012 General Obligation Bonds of $428,581.25 would be funded from General Fund balance.
Budget Impact:
The fiscal year 2021-2022 adopted Debt Service Fund budget includes $2M for cash refunding of
the bonds. A budget amendment will be needed to increase expenditures in the General Fund by
$428,581.25.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. and Dan Culver of McCall, Parkhurst and Horton,
the Town’s bond counsel, have reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution calling the Town of Prosper, Texas General Obligation Bonds, Series 2012.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 109
Item 12.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends adoption of a resolution calling the Town of Prosper, Texas General
Obligation Bonds, Series 2012 for redemption prior to maturity and approving all matters incidental
thereto.
Proposed Motion:
I move to adopt a resolution calling the Town of Prosper, Texas General Obligation Bonds, Series
2012 for redemption prior to maturity and approving all matters incidental thereto.
Page 110
Item 12.
TOWN OF PROSPER, TEXAS RESOLUTION No. 2021-70
A RESOLUTION DIRECTING THE REDEMPTION OF THE TOWN'S
OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2012; AND
ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Town of Prosper (the "Town") has issued, and there are currently outstanding,
the Town's General Obligation Bonds, Series 2012, maturing serially on February 15 in each of the
years 2023, 2025 and 2027 through 2032, inclusive, in the aggregate principal amount of
$2,390,000 (the "2012 Bonds"); and
WHEREAS, in the ordinance that authorized the issuance of the Bonds (the "Bond
Ordinance"), the Town reserved the right to redeem the 2012 Bonds, in whole or in part, on February
15, 2022, or on any date thereafter at a price equal to the principal amount of the 2012 Bonds
so called for redemption plus accrued interest to the redemption date; and
WHEREAS, this Town Council hereby finds and determines that it is necessary and in the
best interests of the Town to redeem all of the outstanding 2012 Bonds with funds lawfully available
for such purpose, being all of the outstanding principal balance of the 2012 Bonds (collectively, the
"Redeemed Bonds"), which redemption shall occur on February 15, 2022; and
WHEREAS, the paying agent/registrar with respect to the 2012 Bonds is U.S. Bank National
Association (in such capacity, the "Paying Agent/Registrar"); and
WHEREAS, it is officially found, determined and declared that the meeting at which this
Resolution has been adopted was open to the public and public notice of the date, hour, place
and subject of said meeting, including this Resolution, was given, all as required by the
applicable provisions of Tex. Gov't Code Ann. Ch. 551.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THAT:
SECTION 1. FINDINGS
The declarations, determinations and findings declared, made and found in the preamble
to this Resolution are hereby adopted, restated and made a part of the operative provisions
hereof. Capitalized terms not defined herein shall have the meanings ascribed such terms in the
Bond Ordinance.
SECTION 2. REDEMPTION OF REDEEMED BONDS
The Redeemed Bonds, as more specifically described in Exhibit A hereto, in the aggregate
principal amount of $2,390,000, are hereby called for redemption on February 15, 2022 (the
"Redemption Date"), at a redemption price equal to the principal amount thereof plus accrued
interest to the Redemption Date in the amount of $38,581.25. Such principal amount and accrued
interest is hereby directed to be irrevocably deposited with the Paying Agent/Registrar on or before
the Redemption Date in cash. Lawfully available funds of the Town are hereby authorized and
appropriated in the amounts necessary for such purpose.
Page 111
Item 12.
Resolution No. 2021-70, Page 2
SECTION 3. AUTHORIZATION OF ACTIONS
(a) The Town Manager, the Director of Finance or other authorized officer of the Town is
hereby authorized and directed to issue or cause to be issued the Notice of Redemption in the form
set forth in Exhibit A attached hereto to the Paying Agent/Registrar.
(b) In addition, the Paying Agent/Registrar for the Redeemed Bonds is hereby directed to
provide the appropriate notice of redemption to the registered owners of the Redeemed Bonds
as specified by the Bond Ordinance, so that the Redeemed Bonds may be redeemed on the
Redemption Date. Provided funds for the payment thereof have been made available to the
Paying Agent/Registrar, the Redeemed Bonds shall not bear interest after the Redemption Date.
(c) The officers and employees of the Town are hereby authorized and directed to take such
actions and to execute and deliver such documents, orders and receipts, including without limitation
notifying the Municipal Securities Rulemaking Board's Electronic Municipal Market Access service
with respect to the redemption of the Redeemed Bonds, and the payment of the costs of the transaction,
as necessary or appropriate to consummate the transactions authorized by this resolution and to
redeem the Redeemed Bonds in accordance with the provisions and requirements of the Bond
Ordinance.
(Execution Page Follows)
Page 112
Item 12.
Resolution No. 2021-70, Page 3
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER 2021.
__________________________
Ray Smith, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
Page 113
Item 12.
Resolution No. 2021-70, Page 4
EXHIBIT A
CONDITIONAL NOTICE OF REDEMPTION
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION BONDS, SERIES 2012
NOTICE IS HEREBY GIVEN that the Town of Prosper, Texas (the "Town"), in Collin and
Denton Counties, Texas, has called for redemption on the date and at the redemption price
specified, a portion of the outstanding Bonds of the Town listed below:
Town of Prosper, Texas General Obligation Bonds, Series 2012, dated June 15, 2012,
maturing on the dates and in the amounts shown below (the "Redeemed Bonds"), to be
redeemed in the aggregate amount of $2,390,000, on the redemption date, at the
redemption price of the principal amount called for redemption plus accrued interest to the
date of redemption, as follows:
On February 15, 2022, interest on the Redeemed Bonds shall cease to accrue and be
payable.
THIS CONDITIONAL NOTICE OF REDEMPTION and the payment of the principal of and
interest on the Redeemed Bonds on the Redemption Date are subject to the deposit of funds by
the Town with U.S. Bank National Association, as paying agent/registrar for the Redeemed Bonds
(the "Paying Agent"), in an amount sufficient to pay in full the redemption price for the Redeemed
Bonds on or before the Redemption Date. Such deposit of funds with the Paying Agent is
scheduled to occur on the Redemption Date. In the event such deposit is not made on or before
the Redemption Date, the conditional redemption of the Redeemed Bonds shall be null and void
and of no force and effect, and any Redeemed Bonds delivered for redemption shall be returned to
the respective owners thereof. In such case, said Redeemed Bonds shall remain outstanding as
though this Conditional Notice of Redemption had not been given.
THE REDEEMED BONDS shall be redeemed in whole at U.S. Bank National Association,
as the Paying Agent/Registrar for the Redeemed Bonds. Upon presentation of the Redeemed Bonds
at the Paying Agent/Registrar on the aforemention ed redemption date, the holder thereof shall be
entitled to receive the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for
providing the place of payment of the Redeemed Bonds called for redemption with funds sufficient
to pay the principal amount of the Redeemed Bonds and the interest thereon to the redemption
date. In the event the Redeemed Bonds are not presented for redemption by the respective date
fixed for their redemption, they shall not thereafter bear interest.
MATURITY
DATES
PRINCIPAL
AMOUNT
OUTSTANDING
PRINCIPAL
AMOUNT
REDEEMED
REDEMPTION
DATE
REDEMPTION
PRICE
February 15, 2023 $205,000 $205,000 February 15, 2022 100%
February 15, 2025 435,000 435,000 February 15, 2022 100
February 15, 2027 460,000 460,000 February 15, 2022 100
February 15, 2028 240,000 240,000 February 15, 2022 100
February 15, 2029 250,000 250,000 February 15, 2022 100
February 15, 2030 260,000 260,000 February 15, 2022 100
February 15, 2031 265,000 265,000 February 15, 2022 100
February 15, 2032 275,000 275,000 February 15, 2022 100
Page 114
Item 12.
Resolution No. 2021-70, Page 5
THIS NOTICE is issued and given pursuant to the redemption provisions in the
proceedings authorizing the issuance of the Redeemed Bonds and in accordance with the recitals
and provisions of each of the Redeemed Bonds, respectively.
TOWN OF PROSPER,
TEXAS
A-1
Page 115
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Betty Pamplin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – November 23, 2021
Agenda Item:
Consider the adoption of a resolution calling the Town of Prosper, Texas Combination Tax and
Revenue Certificates of Obligation, Series 2012 for redemption prior to maturity and approving all
matters incidental thereto. (BP)
Description of Agenda Item:
The 2012 Certificates of Obligation were sold to fund capital projects for the Town’s Water and
Sewer Fund and the Drainage Fund. The certificates maturing in years 2023 – 2032 are callable
on February 15, 2022. The interest rates on the callable certificates are 3.00% to 3.25% and they
are callable at par. During refunding discussions, Town Council requested the option to pay off
the certificates with cash rather than issue refunding bonds. This resolution would authorize the
Town Manager to give notice to call the certificates and deposit cash in the amount of $3,149,700
with the Paying Agent for the certificates. The balance of the Water and Sewer portion
($2,618,251) would be funded from the Water and Sewer Fund balance and the balance of the
Drainage fund portion ($531,449) could be funded from one of the two options presented below.
Budget Impact:
A budget amendment will be required to increase expenditures in the Water and Sewer Fund by
$2,618,251. There are two options to fund the Drainage fund portion: (Option 1) A budget
amendment will be required to increase expenditures in the General Fund by $531,449 to pay off
the debt (Option 2) A budget amendment will be required to reallocate expenditures in the
Drainage Fund by $531,449 to pay off the debt. The Drainage Fund is scheduled to use $763,323
to cash fund drainage capital projects in the current fiscal year. Under this option if $531,449 is
reallocated to pay off this debt, we will need to issue 20-year debt for those drainage capital
projects.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. and Dan Culver of McCall, Parkhurst and Horton,
the Town’s bond counsel, have reviewed the resolution as to form and legality.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 116
Item 13.
Page 2 of 2
Attached Documents:
1. Resolution calling the Town of Prosper, Texas Combination Tax and Revenue Certificates of
Obligation, Series 2012.
Town Staff Recommendation:
Town staff recommends consideration of adoption of a resolution calling the Town of Prosper,
Texas Combination Tax and Revenue Certificates of Obligation, Series 2012 for redemption prior
to maturity and approving all matters incidental thereto.
Proposed Motion:
I move to adopt a resolution calling the Town of Prosper, Texas Combination Tax and Revenue
Certificates of Obligation, Series 2012 for redemption prior to maturity and approving all matters
incidental thereto.
Page 117
Item 13.
TOWN OF PROSPER, TEXAS RESOLUTION No. 2021-71
A RESOLUTION DIRECTING THE REDEMPTION OF THE TOWN'S
OUTSTANDING COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2012; AND ENACTING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, Town of Prosper (the "Town") has issued, and there are currently
outstanding, the Town's Combination Tax and Revenue Certificates of Obligation, Series 2012,
maturing serially on February 15 in each of the years 2023 through 2032, inclusive, in the
aggregate principal amount of $3,100,000 (the "2012 COs"); and
WHEREAS, in the ordinance that authorized the issuance of the Bonds (the "Bond
Ordinance"), the Town reserved the right to redeem the 2012 COs, in whole or in part, on February
15, 2022, or on any date thereafter at a price equal to the principal amount of the 2012 COs so
called for redemption plus accrued interest to the redemption date; and
WHEREAS, this Town Council hereby finds and determines that it is necessary and in the
best interests of the Town to redeem all of the outstanding 2012 COs with funds lawfully available
for such purpose, being all of the outstanding principal balance of the 2012 COs (collectively, the
"Redeemed COs"), which redemption shall occur on February 15, 2022; and
WHEREAS, the paying agent/registrar with respect to the 2012 COs is U.S. Bank National
Association (in such capacity, the "Paying Agent/Registrar"); and
WHEREAS, it is officially found, determined and declared that the meeting at which this
Resolution has been adopted was open to the public and public notice of the date, hour, place
and subject of said meeting, including this Resolution, was given, all as required by the applicable
provisions of Tex. Gov't Code Ann. Ch. 551.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THAT:
SECTION 1. FINDINGS.
The declarations, determinations and findings declared, made and found in the preamble
to this Resolution are hereby adopted, restated and made a part of the operative provisions
hereof. Capitalized terms not defined herein shall have the meanings ascribed such terms in the
Bond Ordinance.
SECTION 2. REDEMPTION OF REDEEMED COs.
The Redeemed COs, as more specifically described in Exhibit A hereto, in the aggregate
principal amount of $3,100,000, are hereby called for redemption on February 15, 2022 (the
"Redemption Date"), at a redemption price equal to the principal amount thereof plus accrued
interest to the Redemption Date in the amount of $49,700.00. Such principal amount and accrued
interest is hereby directed to be irrevocably deposited with the Paying Agent/Registrar on or
before the Redemption Date in cash. Lawfully available funds of the Town are hereby authorized
and appropriated in the amounts necessary for such purpose.
Page 118
Item 13.
Resolution No. 2021-71, Page 2
SECTION 3. AUTHORIZATION OF ACTIONS
(a) The Town Manager, the Director of Finance or other authorized officer of the Town
is hereby authorized and directed to issue or cause to be issued the Notice of Redemption in the
form set forth in Exhibit A attached hereto to the Paying Agent/Registrar.
(b) In addition, the Paying Agent/Registrar for the Redeemed COs is hereby directed to
provide the appropriate notice of redemption to the registered owners of the Redeemed COs as
specified by the Bond Ordinance, so that the Redeemed COs may be redeem ed on the
Redemption Date. Provided funds for the payment thereof have been made available to the
Paying Agent/Registrar, the Redeemed COs shall not bear interest after the Redemption Date.
(c) The officers and employees of the Town are hereby authorized and directed to take
such actions and to execute and deliver such documents, orders and receipts, including without
limitation notifying the Municipal Securities Rulemaking Board's Electronic Municipal Market
Access service with respect to the redemption of the Redeemed COs, and the payment of the
costs of the transaction, as necessary or appropriate to consummate the transactions authorized
by this resolution and to redeem the Redeemed COs in accordance with the provisions and
requirements of the Bond Ordinance.
(Execution Page Follows)
Page 119
Item 13.
Resolution No. 2021-71, Page 3
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER 2021.
_____________________________
Ray Smith, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
Page 120
Item 13.
1
EXHIBIT A
CONDITIONAL NOTICE OF REDEMPTION
TOWN OF PROSPER, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2012
NOTICE IS HEREBY GIVEN that the Town of Prosper, Texas (the "Town"), in Collin and
Denton Counties, Texas, has called for redemption on the date and at the redemption price
specified, a portion of the outstanding Bonds of the Town listed below:
Town of Prosper, Texas Combination Tax and Revenue Certificates of Obligation,
Series 2012, dated June 15, 2012, maturing on the dates and in the amounts shown below
(the "Redeemed COs"), to be redeemed in the aggregate amount of $3,100,000, on the
redemption date, at the redemption price of the principal amount called for redemption
plus accrued interest to the date of redemption, as follows:
MATURITY
DATES
PRINCIPAL
AMOUNT
OUTSTANDING
PRINCIPAL
AMOUNT
REDEEMED
REDEMPTION
DATE
REDEMPTION
PRICE
February 15, 2023 $265,000 $265,000 February 15, 2022 100%
February 15, 2024 275,000 275,000 February 15, 2022 100
February 15, 2025 285,000 285,000 February 15, 2022 100
February 15, 2026 295,000 295,000 February 15, 2022 100
February 15, 2027 305,000 305,000 February 15, 2022 100
February 15, 2028 315,000 315,000 February 15, 2022 100
February 15, 2029 325,000 325,000 February 15, 2022 100
February 15, 2030 335,000 335,000 February 15, 2022 100
February 15, 2031 345,000 345,000 February 15, 2022 100
February 15, 2032 355,000 355,000 February 15, 2022 100
On February 15, 2022, interest on the Redeemed COs shall cease to accrue and be
payable.
THIS CONDITIONAL NOTICE OF REDEMPTION and the payment of the principal of and
interest on the Redeemed COs on the Redemption Date are subject to the deposit of funds by
the Town with U.S. Bank National Association, as paying agent/registrar for the Redeemed COs
(the "Paying Agent"), in an amount sufficient to pay in full the redemption price for the Redeemed
COs on or before the Redemption Date. Such deposit of funds with the Paying Agent is
scheduled to occur on the Redemption Date. In the event such deposit is not made on or before
the Redemption Date, the conditional redemption of the Redeemed COs shall be null and void
and of no force and effect, and any Redeemed COs delivered for redemption shall be returned to
the respective owners thereof. In such case, said Redeemed COs shall remain outstanding as
though this Conditional Notice of Redemption had not been given.
THE REDEEMED COS shall be redeemed in whole at U.S. Bank National Association, as
the Paying Agent/Registrar for the Redeemed COs. Upon presentation of the Redeemed COs
at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be
entitled to receive the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for
providing the place of payment of the Redeemed COs called for redemption with funds sufficient
Page 121
Item 13.
2
to pay the principal amount of the Redeemed COs and the interest thereon to the redemption
date. In the event the Redeemed COs are not presented for redemption by the respective date
fixed for their redemption, they shall not thereafter bear interest.
THIS NOTICE is issued and given pursuant to the redemption provisions in the
proceedings authorizing the issuance of the Redeemed COs and in accordance with the recitals
and provisions of each of the Redeemed COs, respectively.
TOWN OF PROSPER, TEXAS
Page 122
Item 13.
Page 1 of 2
To: Mayor and Town Council
From: Betty Pamplin, Finance Director
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – November 23, 2021
Agenda Item:
Consider all matters incidental and related to the issuance and sale of the Town of Prosper, Texas
General Obligation Refunding Bonds, Series 2021, including the adoption of an ordinance
authorizing the issuance of the bonds, establishing parameters for the sale and issuance of such
bonds, and delegating certain matters to the Town Manager to act on its behalf in selling the
bonds. (BP)
Description of Agenda Item:
The 2012 Certificates of Obligation were sold to fund capital projects for the Town’s Water and
Sewer Fund and Drainage Fund. The certificates maturing in years 2023 – 2032 are callable on
February 15, 2022. The interest rates on the callable certificates are 3.00% to 3.25% and they are
callable at par. The Town can refinance the remaining Series 2012 Certificates of Obligation on
a tax-exempt basis. It is currently estimated that they could be refinanced at an interest rate of
1.50% to 2.0%. The estimated savings is approximately $20,620 annually for a total of $226,795.
The attached ordinance would authorize the issuance of the Refunding Bonds and delegate to the
Town Manager the final pricing within 90 days that meets the following conditions:
for an amount not to exceed $3,225,000
at a maximum interest rate of 2.25%
with a final maturity of February 15, 2032
the refunding must produce debt service savings of at least 3% measured on a present
value basis as a percentage of the principal amount of the refunded bonds
It is anticipated that private placement sale will occur mid December.
Budget Impact:
The reduced debt service payments from the Refunding Bonds will be paid by the Water and
Sewer Fund and the Drainage Fund.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 123
Item 14.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. and Dan Culver of McCall, Parkhurst and Horton,
the Town’s bond counsel, have reviewed the ordinance as to form and legality.
Attached Documents:
1. Ordinance authorizing the issuance and sale of the Town of Prosper, Texas General Obligation
Refunding Bonds, Series 2021.
2. Certificate Regarding Adoption of Ordinance
3. Presentation
Town Staff Recommendation:
Town staff recommends consideration of adoption of an ordinance authorizing the issuance and
sale of the Town of Prosper, Texas General Obligation Refunding Bonds, Series 2021 and
approving all matters incidental thereto.
Proposed Motion:
I move to adopt an ordinance authorizing the issuance and sale of the Town of Prosper, Texas
General Obligation Refunding Bonds, Series 2021 and approving all matters incidental thereto.
Page 124
Item 14.
Purpose of Refunding•Reduce interest costs by refinancing outstanding debt.•Utilize the Debt Service fund balance that can only beused for this purpose.•By using fund balance to avoid 20‐year debt in 2022versus avoiding 10‐year debt the Town will save$526,704.•The Town has historically used excess fund balance to fund capitalprojects. By utilizing fund balance to pay off debt we will need toissue 20‐year debt for projects which will increase interest costs inthe long run.Page 125Item 14.
Fund Balance Restrictions9/30/2020Actual09/30/2021Projected09/30/2022ProposedGeneral Fund 13,923,232 15,014,096 11,199,924 Water/Sewer Fund 6,867,399 7,020,631 7,274,236 Vehicle Equipment Replacement Fund 3,741,880 3,368,028 4,053,578 Crime Special Purpose District Fund 302,439 404,460 452,398 Fire Special Purpose District Fund 203,982 365,899 408,108 Debt Service Fund 2,619,367 2,499,129 512,124 Stormwater Drainage Fund 632,579 711,503 107,464 Park Dedication and Improvement Fund 2,660,035 2,758,936 2,813,686 TIRZ #1 301,260 301,260 301,260 TIRZ #2 25,189 25,052 25,000 Water Impact Fee Fund 4,271,873 8,579,210 889,210 Wastewater Impact Fee Fund 2,792,362 3,812,784 3,333,784 East Thoroughfare Impact Fee Fund 2,192,887 2,142,117 1,121,117 West Thoroughfare Impact Fee Fund 2,899,566 5,737,061 4,452,061 Special Revenue Funds 567,535 774,229 327,739 American Rescue Plan Act Funds ‐ 3,045,165 6,090,330 Health Insurance Trust Fund 756,091 704,592 712,466 Capital/Bond Funds Cash Balance 33,497,278 57,962,138 37,675,390 Restricted Escrow Cash 4,411,045 4,000,000 3,750,000 82,665,999 119,226,290 85,499,875 Available 20,790,631 22,034,727 18,474,160 Currently Dedicated to Vehicle/Equipment Replacement 3,741,880 3,368,028 4,053,578 Restricted to Fund Specific Uses 58,133,488 93,823,535 62,972,137 ALL FUND BALANCESPage 126Item 14.
FUND BALANCE AND RESERVE POSITIONINGFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021ACTUAL TO DATE2020‐2021ADOPTED BUDGET2021‐2022REVENUESTOTAL REVENUES33,181,348$ 36,430,243$ 39,372,679$ 37,297,081$ EXPENDITURESTOTAL EXPENDITURES29,139,608$ 38,591,231$ 34,199,716$ 41,142,021$ Net Period Excess/(Deficit) 4,041,740$ (2,160,988)$ 5,172,962$ (3,844,940)$ NET CHANGE IN FUND BALANCE4,041,740$ (2,160,988)$ 5,172,962$ (3,844,940)$ BEGINNING FUND BALANCE9,881,492$ 13,923,232$ 13,923,232$ 19,096,194$ ENDING FUND BALANCE13,923,232$ 11,762,244$ 19,096,194$ 15,251,254$ BALANCE OF UNRESTRICTED FUNDS13,923,232$ 11,762,244$ 19,096,194$ 15,251,254$ Less: Contingency per Charter5,827,922 7,718,246 6,839,943 8,228,404 5% Reserve1,456,980 1,929,562 1,709,986 2,057,101 AMOUNT OVER (UNDER) MINIMUM RESERVE TARGET6,638,330$ 2,114,436$ 10,546,265$ 4,965,749$ % AMOUNT OVER MINIMUM RESERVE TARGET23% 5% 31% 12%AMOUNT OVER (UNDER) IN DAYS OPERATING COST82 20 111 43General Fund SummaryPage 127Item 14.
NET ASSETS AND RESERVE POSITIONINGFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021ACTUAL TO DATE2020‐2021ADOPTED BUDGET2021‐2022REVENUES TOTAL REVENUES26,102,101$ 24,504,693$ 26,179,104$ 30,454,845$ EXPENDITURESTOTAL EXPENDITURES26,164,371$ 24,593,130$ 22,767,594$ 30,201,240$ Net Income (Loss)(62,270)$ (88,437)$ 3,411,510$ 253,605$ CHANGE IN NET ASSETS(62,270)$ (88,437)$ 3,411,510$ 253,605$ BEGINNING NET ASSETS6,929,669$ 6,867,399$ 6,867,399$ 10,278,909$ ENDING NET ASSETS6,867,399$ 6,778,962$ 10,278,909$ 10,532,514$ 1.25 times Debt Service Reserve Limit 1.75 1.83 2.78 2.84 AMOUNT OVER (UNDER) IN DAYS OPERATING COST94 99 163 126Water and Sewer Fund SummaryPage 128Item 14.
FUND BALANCEFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021PROJECTED2020‐2021ACTUAL TO DATE2020‐2021ADOPTED BUDGET2021‐2022REVENUESTOTAL REVENUES682,786$ 715,200$ 727,200$ 746,764$ 763,300$ EXPENDITURESOperating Expenses 178,898 303,834 303,841 221,598 251,040 Debt Service 248,640 245,592 245,592 245,592 253,142 Transfers Out 100,135 98,843 98,843 98,843 99,834 Capital ‐ ‐ ‐ ‐ 763,323 Miscellaneous Capital Repairs 200,000 2024DR Old Town Regional Pond 48,323 1613DR Old Town Drainage 215,000 2003DR Frontier Lakes Drainage 300,000 TOTAL EXPENDITURES527,673$ 648,269$ 648,276$ 566,033$ 1,367,339$ Period Excess / (Deficit)155,113$ 66,931$ 78,924$ 180,731$ (604,039)$ NET CHANGE IN FUND BALANCE155,113$ 66,931$ 78,924$ 180,731$ (604,039)$ BEGINNING FUND BALANCE477,466$ 632,579$ 632,579$ 632,579$ 813,310$ ENDING FUND BALANCE632,579$ 699,510$ 711,503$ 813,310$ 209,271$ AMOUNT OVER (UNDER) IN DAYS OPERATING COST432 388 395 517 55Stormwater Drainage Utility Fund SummaryPage 129Item 14.
FUND BALANCEFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021PROJECTED2020‐2021ADOPTED BUDGET2021‐2022PLANNING YEAR 2022‐2023PLANNING YEAR 2023‐2024PLANNING YEAR 2024‐2025PLANNING YEAR 2025‐2026REVENUESImpact Fees 3,987,887 2,500,000 5,052,000 3,500,000 3,200,000 3,200,000 3,200,000 3,200,000 Investment Income 52,497 12,000 20,000 20,000 20,000 20,000 20,000 20,000 TOTAL REVENUES4,040,384$ 2,512,000$ 5,072,000$ 3,520,000$ 3,220,000$ 3,220,000$ 3,220,000$ 3,220,000$ EXPENDITURESOperations‐Developer Agreements 1,137,832 840,000 610,000 1,310,000 1,110,000 950,000 950,000 950,000 8012DV Tellus Windsong ‐ 400,000 285,000 350,000 350,000 350,000 350,000 350,000 8006DV Parks at Legacy ‐ 140,000 75,000 400,000 200,000 ‐ ‐ ‐ 8011DV Star Trail ‐ 300,000 50,000 400,000 400,000 ‐ ‐ ‐ 8016DVVictory at Frontier ‐ ‐ ‐ 60,000 60,000 ‐ ‐ ‐ 8017DVWestside ‐ ‐ 200,000 100,000 100,000 ‐ ‐ ‐ FUTURE AGREEMENTS600,000 600,000 600,000 Capital 140,615 1,054,663 154,663 9,900,000 ‐ ‐ ‐ 9,000,000 1715WA Fishtrap EST ‐ 244 244 ‐ ‐ ‐ ‐ ‐ 1716WA 24 WL Conn County Line EST/DNT ‐ 54,419 54,419 ‐ ‐ ‐ ‐ ‐ 1810WA Lower Pressure Plane Easements Phase II ‐ 1,000,000 100,000 900,000 ‐ ‐ ‐ ‐ 1501WALPP Pump Station ‐ ‐ ‐ 9,000,000 ‐ ‐ ‐ 9,000,000 ‐ ‐ ‐ ‐ ‐ TOTAL EXPENDITURES1,278,447$ 1,894,663$ 764,663$ 11,210,000$ 1,110,000$ 950,000$ 950,000$ 9,950,000$ Period Excess / (Deficit)2,761,937$ 617,337$ 4,307,337$ (7,690,000)$ 2,110,000$ 2,270,000$ 2,270,000$ (6,730,000)$ NET CHANGE IN FUND BALANCE2,761,937$ 617,337$ 4,307,337$ (7,690,000)$ 2,110,000$ 2,270,000$ 2,270,000$ (6,730,000)$ BEGINNING FUND BALANCE1,509,936$ 4,271,873$ 4,271,873$ 8,579,210$ 889,210$ 2,999,210$ 5,269,210$ 7,539,210$ ENDING UNRESTRICTED FUND BALANCE4,271,873$ 4,889,210$ 8,579,210$ 889,210$ 2,999,210$ 5,269,210$ 7,539,210$ 809,210$ Water Impact Fee Fund SummaryPage 130Item 14.
FUND BALANCEFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021PROJECTED2020‐2021ADOPTED BUDGET2021‐2022PLANNING YEAR 2022‐2023PLANNING YEAR 2023‐2024PLANNING YEAR 2024‐2025PLANNING YEAR 2025‐2026REVENUESImpact Fees 1,489,545 850,000 2,800,000 2,000,000 1,400,000 1,400,000 1,400,000 1,400,000 Equity Fees 310,500 200,000 400,000 300,000 250,000 250,000 250,000 250,000 Investment Income 37,668 12,000 16,000 16,000 16,000 16,000 16,000 16,000 TOTAL REVENUES1,837,713$ 1,062,000$ 3,216,000$ 2,316,000$ 1,666,000$ 1,666,000$ 1,666,000$ 1,666,000$ EXPENDITURESOperations‐Developer Reimbursements 815,427 890,000 2,195,578 1,295,000 1,295,000 1,795,000 1,225,000 1,200,000 Future Agreements ‐ ‐ ‐ ‐ ‐ 500,000 500,000 500,000 8001DV Tellus Weside Utilities 138,277 250,000 275,000 275,000 275,000 275,000 ‐ ‐ 8004DV Frontier Estates 31,037 50,000 25,000 25,000 25,000 25,000 25,000 ‐ 8008DV Brookhollow ‐ 25,000 385,000 220,000 220,000 220,000 ‐ ‐ 8002DV Prosper Partners 251,239 200,000 446,424 ‐ ‐ ‐ ‐ ‐ 8005DV LaCima 18,060 50,000 10,000 50,000 50,000 50,000 50,000 50,000 8013DVCook Addition (All Storage) ‐ 15,000 27,090 50,000 50,000 50,000 50,000 50,000 8012DV Tellus Windsong 285,488 200,000 700,000 600,000 600,000 600,000 600,000 600,000 8014DV Legacy Garden 15,709 100,000 100,000 75,000 75,000 75,000 ‐ ‐ 1608DV LaCima Interceptor Agreement 75,617 227,064 ‐ ‐ ‐ ‐ ‐ Capital ‐ 1,500,000 ‐ 1,500,000 3,359,669 ‐ ‐ ‐ 2103Doe Branch Interceptor ‐ ‐ ‐ 1,500,000 1,450,000 ‐ ‐ ‐ 2103 Construction of Doe Branch PH3 WWTP ‐ 1,500,000 ‐ ‐ 1,909,669 ‐ ‐ ‐ TOTAL EXPENDITURES815,427$ 2,390,000$ 2,195,578$ 2,795,000$ 4,654,669$ 1,795,000$ 1,225,000$ 1,200,000$ Period Excess / (Deficit)1,022,286$ (1,328,000)$ 1,020,422$ (479,000)$ (2,988,669)$ (129,000)$ 441,000$ 466,000$ NET CHANGE IN FUND BALANCE1,022,286$ (1,328,000)$ 1,020,422$ (479,000)$ (2,988,669)$ (129,000)$ 441,000$ 466,000$ BEGINNING FUND BALANCE1,770,076$ 2,792,362$ 2,792,362$ 3,812,784$ 3,333,784$ 345,115$ 216,115$ 657,115$ ENDING UNRESTRICTED FUND BALANCE2,792,362$ 1,464,362$ 3,812,784$ 3,333,784$ 345,115$ 216,115$ 657,115$ 1,123,115$ Wastewater Impact Fee Fund SummaryPage 131Item 14.
FUND BALANCEFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021PROJECTED2020‐2021ADOPTED BUDGET2021‐2022PLANNING YEAR 2022‐2023PLANNING YEAR 2023‐2024PLANNING YEAR 2024‐2025PLANNING YEAR 2025‐2026REVENUESImpact Fees 1,265,175 1,000,000 1,850,000 1,200,000 1,000,000 1,000,000 1,000,000 1,000,000 Investment Income 25,097 8,000 9,000 9,000 9,000 9,000 9,000 9,000 TOTAL REVENUES1,290,272$ 1,008,000$ 1,859,000$ 1,209,000$ 1,009,000$ 1,009,000$ 1,009,000$ 1,009,000$ EXPENDITURESOperations‐Developer Reimbursements ‐ 300,000 610,697 175,000 175,000 ‐ ‐ ‐ Reimb FM1461 ‐ ‐ 175,000 175,000 175,000 ‐ ‐ ‐ Tanner's Mill ‐ 300,000 435,697 ‐ ‐ ‐ ‐ ‐ Capital 232,695 1,299,073 1,299,073 2,055,000 1,725,000 1,000,000 ‐ 3,800,000 1938ST FM 1461 (SH289‐CR166) ‐ 175,000 175,000 175,000 175,000 ‐ ‐ ‐ 2121STPreston Rd/Prosper Trail Dual Turn Lanes ‐ ‐ ‐ ‐ 800,000 ‐ ‐ ‐ 2142STColeman Prosper Trail to HS ‐ ‐ ‐ ‐ 300,000 ‐ ‐ ‐ 1710ST Coit Rd (First‐Frontier) ‐ 364,755 364,755 ‐ ‐ ‐ ‐ 3,800,000 2018PKColeman @ Prosper HS median landscaping ‐ 350,000 350,000 ‐ ‐ ‐ ‐ ‐ 2005TR Traffic Signal ‐ Coit Rd & Richland Blvd ‐ 409,318 409,318 ‐ ‐ ‐ ‐ ‐ 2014STFirst Street ‐ Coit ‐ Custer 4 lanes Eas./Const ‐ ‐ ‐ 1,880,000 ‐ ‐ ‐ ‐ First Street DNT‐Coleman ‐ ‐ ‐ ‐ ‐ 1,000,000 ‐ ‐ Traffic Signal ‐ First St & LaCima Blvd ‐ ‐ ‐ ‐ 450,000 ‐ ‐ ‐ TOTAL EXPENDITURES232,695$ 1,599,073$ 1,909,770$ 2,230,000$ 1,900,000$ 1,000,000$ ‐$ 3,800,000$ Period Excess / (Deficit)1,057,577$ (591,073)$ (50,770)$ (1,021,000)$ (891,000)$ 9,000$ 1,009,000$ (2,791,000)$ NET CHANGE IN FUND BALANCE953,409$ (591,073)$ (50,770)$ (1,021,000)$ (891,000)$ 9,000$ 1,009,000$ (2,791,000)$ BEGINNING FUND BALANCE1,239,478$ 2,192,887$ 2,192,887$ 2,142,117$ 1,121,117$ 230,117$ 239,117$ 1,248,117$ ENDING UNRESTRICTED FUND BALANCE2,192,887$ 1,601,814$ 2,142,117$ 1,121,117$ 230,117$ 239,117$ 1,248,117$ (1,542,883)$ East Thoroughfare Impact Fee Fund SummaryPage 132Item 14.
FUND BALANCEFUND ACCOUNT TYPEACTUAL2019‐2020AMENDED BUDGET2020‐2021PROJECTED2020‐2021ADOPTED BUDGET2021‐2022PLANNING YEAR 2022‐2023PLANNING YEAR 2023‐2024PLANNING YEAR 2024‐2025PLANNING YEAR 2025‐2026REVENUESImpact Fees 4,473,468 2,500,000 5,300,000 4,000,000 3,500,000 3,500,000 3,500,000 3,500,000 Investment Income 29,506 10,000 15,000 15,000 15,000 15,000 15,000 15,000 TOTAL REVENUES4,502,974$ 2,510,000$ 5,315,000$ 4,015,000$ 3,515,000$ 3,515,000$ 3,515,000$ 3,515,000$ EXPENDITURESOperations‐Developer Agreements 1,971,627 2,625,000 1,770,000 5,300,000 2,800,000 2,800,000 2,800,000 2,800,000 8006DV Parks/Legacy ‐ 300,000 900,000 600,000 600,000 600,000 600,000 600,000 8011DV Star Trail ‐ 1,000,000 750,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 8012DV Tellus Windsong ‐ 1,250,000 ‐ 3,500,000 1,000,000 1,000,000 1,000,000 1,000,000 8014DV Legacy Garden ‐ 75,000 120,000 200,000 200,000 200,000 200,000 200,000 Capital 583,344 945,005 707,505 ‐ 5,000,000 ‐ ‐ ‐ Braided Ramps NTTA ‐ ‐ ‐ ‐ 5,000,000 ‐ ‐ ‐ 1708ST Cook Lane (First‐End) ‐ 78,938 78,938 ‐ ‐ ‐ ‐ ‐ 1928TR Traffic Signals ‐ Fishtrap & Teel Parkway ‐ 43,002 43,002 ‐ ‐ ‐ ‐ ‐ 2004TR Traffic Signals ‐ Fishtrap & Gee Rd ‐ 256,548 256,548 ‐ ‐ ‐ ‐ ‐ 2011STGee Road ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ 2101TR Traffic signal at Fishtrap & Artesia ‐ 237,500 ‐ ‐ ‐ ‐ ‐ ‐ 2013ST Teel ‐ 380 Intersection improvements ‐ 329,017 329,017 ‐ ‐ ‐ ‐ ‐ TOTAL EXPENDITURES2,554,971$ 3,570,005$ 2,477,505$ 5,300,000$ 7,800,000$ 2,800,000$ 2,800,000$ 2,800,000$ Period Excess / (Deficit)1,948,003$ (1,060,005)$ 2,837,495$ (1,285,000)$ (4,285,000)$ 715,000$ 715,000$ 715,000$ NET CHANGE IN FUND BALANCE1,848,003$ (1,060,005)$ 2,837,495$ (1,285,000)$ (4,285,000)$ 715,000$ 715,000$ 715,000$ BEGINNING FUND BALANCE1,051,563$ 2,899,566$ 2,899,566$ 5,737,061$ 4,452,061$ 167,061$ 882,061$ 1,597,061$ ENDING FUND BALANCE2,899,566$ 1,839,561$ 5,737,061$ 4,452,061$ 167,061$ 882,061$ 1,597,061$ 2,312,061$ West Thoroughfare Impact Fee Fund SummaryPage 133Item 14.
FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22GENERAL FUND 4,671,997$ 3,525,000$ 1,250,000$ 3,885,225$ 4,405,000$ WATER/SEWER FUND 2,000,000$ 350,000$ 4,126,507$ 471,250$ 4,000,000$ STORMWATER FUND ‐$ ‐$ ‐$ 100,000$ 763,323$ HISTORICAL USE OF FUND BALANCE FOR CAPITAL EXPENDITURESPage 134Item 14.
First Street Right of Way Acquisition 1,464,000 Silo Purchase 763,000 DNT Road Improvements 659,184 Apparatus for Fire Station 3 1,810,000 Prosper Trail (Coit ‐ Custer) 1,378,813 In‐Car Camera/Body worn Cameras 387,225 Windsong Road Repairs 920,000 Prosper Trail Median Landscape 275,000 Highway 289 Gateway Monument 250,000 Coleman Median Landscape 650,000 4,671,997$ 3,885,225$ Public Safety Furniture, Fixtures, and 1,500,000 Quint Engine Fire Station 4 1,100,000 Aerial Ladder Truck 1,650,000 Lakewood Park Lighting 1,545,000 Coleman (Gorgeous‐Prosper Trail) 375,000 Coleman (Gorgeous‐PHS) Design 450,000 3,525,000$ Coleman (Gorgeous‐PHS) Land Acquisition 625,000 FY 19/20Legacy (Prairie‐Fishtrap) Design 575,000 Prosper Trail (Coit‐Custer) 1,250,000 Additional Funds Fire Station 3 Apparatus 110,000 1,250,000$ 4,405,000$ HISTORICAL USE OF FUND BALANCE FOR CAPITAL EXPENDITURESFY 18/19FY 17/18 FY 20/21GENERAL FUND FY 21/22Page 135Item 14.
Land Purchase (Public Works Facility) 2,000,000 Water Meter and MTU Upgrades 471,250 2,000,000$ 471,250$ EW Collector Cook Ln Water Line 250,000 12" Water Line Frontier (Preston‐Custer) 4,000,000 Church/Parvin Water Line Relocation 100,000 4,000,000$ 350,000$ Custer Rd Meter Station and Water Line Relocation 3,576,507 Cook Lane Water Line Relocation 400,000 Broadway (Craig‐Parvin) Water Line Relocation 150,000 4,126,507$ FY 19/20WATER AND SEWER FUND HISTORICAL USE OF FUND BALANCE FOR CAPITAL EXPENDITURESFY 17/18 FY 20/21FY 18/19 FY 21/22Page 136Item 14.
OTHER FUNDING SOURCES ALTERNATIVE TO DEBT ISSUANCE OR USE OF FUND BALANCE•EDA Grant $3M ‐ Lower Pressure Plane Project•American Rescue Plan Act ‐ $6.09M ‐ Doe Branch Phase 3 WWTPPage 137Item 14.
Page 138Item 14.
Staff asked our Financial Advisors for a statement on the value of present value savings and his statement is below:“ Typically, present value in the municipal bond world is used onlyon refunding’s. This is due to the fact that an issuer does not receivemoney for the savings, but rather takes the savings over time viareduced debt service payments.”Page 139Item 14.
Purpose of Refunding•Reduce interest costs by refinancing outstanding debt.•Utilize the Debt Service fund balance that can only beused for this purpose.•By using fund balance to avoid 20‐year debt in 2022versus avoiding 10‐year debt the Town will save$526,704.•The Town has historically used excess fund balance to fund capitalprojects. By utilizing fund balance to pay off debt we will need toissue 20‐year debt for projects which will increase interest costs inthe long run.Page 140Item 14.
ORDINANCE NO. 2021-64
of the
TOWN OF PROSPER, TEXAS
AUTHORIZING THE ISSUANCE OF
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION REFUNDING BONDS
SERIES 2021
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Item 14.
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Table of Contents
Section 1. Recitals, Amount, Purpose and Designation of the Bonds ................................................ 2
Section 2. Definitions.......................................................................................................................... 2
Section 3. Delegation to Pricing Officer ............................................................................................. 2
Section 4. Characteristics of the Bonds .............................................................................................. 4
Section 5. Form of Bonds .................................................................................................................. 8
Section 6. Tax Levy .......................................................................................................................... 15
Section 7. Perfection of Security Interest ......................................................................................... 16
Section 8. Defeasance of Bonds........................................................................................................ 16
Section 9. Damaged, Mutilated, Lost, Stolen, or Destroyed Bonds ................................................. 17
Section 10. Custody, Approval, and Registration of Bonds; Bond Counsel's Opinion, CUSIP
Numbers and Contingent Insurance Provision, if Obtained .................................................. 18
Section 11. Covenants Regarding Tax Exemption of Interest on the Bonds .................................... 19
Section 12. Sale of Bonds; Official Statement.................................................................................. 21
Section 13. Further Procedures; Engagement of Bond Counsel; Appropriation .............................. 22
Section 14. Compliance with Rule 15c2-12 ..................................................................................... 22
Section 15. Method of Amendment .................................................................................................. 26
Section 16. Redemption of Refunded Obligations ........................................................................... 27
Section 17. Governing Law .............................................................................................................. 28
Section 18. Severability .................................................................................................................... 28
Section 19. Events of Default ........................................................................................................... 28
Section 20. Remedies for Default ..................................................................................................... 29
Section 21. Remedies Not Exclusive ................................................................................................ 29
Section 22. Effective Date ................................................................................................................ 29
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Item 14.
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ORDINANCE NO. 2021-64 AUTHORIZING THE ISSUANCE OF TOWN
OF PROSPER, TEXAS GENERAL OBLIGATION REFUNDING BONDS;
APPOINTING A PRICING OFFICER AND DELEGATING TO THE
PRICING OFFICER THE AUTHORITY TO APPROVE ON BEHALF OF
THE TOWN THE SELECTION OF BONDS TO BE REFUNDED, THE
SALE OF THE BONDS, THE TERMS OF THE BONDS AND THE
OFFERING DOCUMENTS FOR THE BONDS; ESTABLISHING
CERTAIN PARAMETERS FOR THE APPROVAL OF SUCH MATTERS
BY THE PRICING OFFICER; APPROVING THE USE OF AN ESCROW
AGREEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT;
ENGAGING BOND COUNSEL; LEVYING AN ANNUAL AD VALOREM
TAX FOR THE PAYMENT OF THE BONDS; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COLLIN AND DENTON COUNTIES §
TOWN OF PROSPER §
WHEREAS, Town of Prosper, Texas (the "Issuer") has previously issued, and there are
presently outstanding, the obligations of the Issuer styled "Town of Prosper Combination Tax and
Revenue Certificates of Obligation, Series 2012," which are currently outstanding in the principal
amount of $3,480,000 (the "Eligible Refunded Obligations"); and
WHEREAS, the Issuer now desires to refund all or part of the Eligible Refunded
Obligations, and those Eligible Refunded Obligations designated by the Pricing Officer in the
Pricing Certificate, each as defined below, to be refunded are herein referred to as the "Refunded
Obligations"; and
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207"), authorizes the
Issuer to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other
available funds or resources, directly with a place of payment (paying agent) for the Refunded
Obligations, and such deposit, if made before such payment dates, shall constitute the making of
firm banking and financial arrangements for the discharge and final payment of the Refunded
Obligations; and
WHEREAS, the Town Council of the Issuer hereby finds and determines that it is a public
purpose and in the best interests of the Issuer to refund the Refunded Obligations in order to
achieve a present value debt service savings, with such savings, among other information and
terms to be included in a pricing certificate (the "Pricing Certificate") to be executed by the Pricing
Officer (hereinafter designated), all in accordance with the provisions of Section 1207.007, Texas
Government Code, as amended; and
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Item 14.
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WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to
maturity within 20 years of the date of the bonds hereinafter authorized; and
WHEREAS, the Bonds hereinafter authorized to be issued and are to be issued, sold and
delivered pursuant to the general laws of the State of Texas, including Chapter 1207; and
WHEREAS, it is officially found, determined and declared that the meeting at which this
Ordinance has been adopted was open to the public, and public notice of the date, hour, place and
subject of said meeting, including this Ordinance, was given, all as required by the applicable
provisions of Tex. Gov't Code Ann. ch. 551;
NOW, THEREFORE BE IT ORDAINED BY THE TOWN OF PROSPER:
SECTION 1. RECITALS, AMOUNT, PURPOSE AND DESIGNATION OF THE
BONDS.
(a) The recitals set forth in the preamble hereof are incorporated herein and shall have the
same force and effect as if set forth in this Section.
(b) The bonds of the Issuer are hereby authorized to be issued and delivered in the
maximum aggregate principal amount hereinafter set forth for the public purpose of providing
funds to refund the Refunded Obligations and to pay the costs incurred in connection with the
issuance of the Bonds.
(c) Each bond issued pursuant to this Ordinance shall be designated (unless otherwise
provided in the Pricing Certificate): "TOWN OF PROSPER, TEXAS GENERAL OBLIGATION
REFUNDING BOND, SERIES 2021," and initially there shall be issued, sold, and delivered
hereunder fully registered Bonds, without interest coupons, payable to the respective registered
owners thereof (with the initial bonds being made payable to the initial purchaser as described in
Section 12 hereof), or to the registered assignee or assignees of said bonds or any portion or
portions thereof (in each case, the "Registered Owner"). The Bonds shall be in the respective
denominations and principal amounts, shall be numbered, shall mature and be payable on the date
or dates in each of the years and in the principal amounts or amounts due at maturity, as applicable,
and shall bear interest to their respective dates of maturity or redemption, if applicable, prior to
maturity at the rates per annum, as set forth in the Pricing Certificate.
SECTION 2. DEFINITIONS. Unless otherwise expressly provided or unless the context
clearly requires otherwise in this Ordinance, the following term shall have the meanings specified
below:
"Bonds" means and includes the Bonds initially issued and delivered pursuant to this
Ordinance and all substitute Bonds exchanged therefor, as well as all other substitute bonds and
replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds.
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Item 14.
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SECTION 3. DELEGATION TO PRICING OFFICER. (a) As authorized by Section
1207.007, Texas Government Code, as amended, the Town Manager is hereby authorized to act
on behalf of the Issuer in selling and delivering the Bonds (in carrying out such authorization, the
Town Manager shall be hereinafter referred to as, and shall for all purposes be, the "Pricing
Officer" of the Town with respect to the sale of the Bonds) in one or more series, determining
which of the Eligible Refunded Obligations shall be refunded and carrying out the other procedures
specified in this Ordinance, including, determining the date of the Bonds, any additional or
different designation or title by which the Bonds shall be known, the price at which the Bonds will
be sold, the years in which the Bonds will mature, the principal amount to mature in each of such
years, the rate of interest to be borne by each such maturity, the interest payment and record dates,
the price and terms, if any, upon and at which the Bonds shall be subject to redemption prior to
maturity at the option of the Issuer, as well as any mandatory sinking fund redemption provisions,
whether the Bonds shall be issued on a tax-exempt basis or on a taxable basis, whether the Bonds
shall be designated as "qualified tax-exempt obligations" as defined in section 265(b)(3) of the
Internal Revenue Code of 1986, as amended (the "Code"), limiting the types of securities and
obligations that may be used as Defeasance Securities, modifying the Issuer's undertaking pursuant
to Rule 15c2-12 as set forth in Section 14 hereof, and establishing all other matters relating to the
issuance, sale, and delivery of the Bonds and the refunding of the Refunded Obligations, including
without limitation establishing the redemption date for and effecting the redemption of the
Refunded Obligations and obtaining bond insurance if bond insurance is deemed beneficial to the
Issuer to achieve the objectives of the refunding, all of which shall be specified in a certificate of
the Pricing Officer (the "Pricing Certificate"); provided that:
(i) the aggregate original principal amount of the Bonds issued hereunder shall not exceed
$3,225,000;
(ii) no Bond shall mature after February 15, 2032;
(iii) the true interest cost for the Bonds shall not exceed 2.25%; and
(iv) the refunding achieved by the Bonds sold in accordance with this Ordinance must
produce debt service savings of at least 3.00% measured on a present value basis as a
percentage of the principal amount of the Refunded Obligations refunded with the Bonds,
with such savings to be net of any Issuer contribution to the refunding and net of the costs
of issuance.
(b) In establishing the aggregate principal amount of the Bonds, the Pricing Officer shall
establish an amount not exceeding the amount authorized in Subsection (a) above, which shall be
sufficient in amount to provide for the purposes for which the Bonds are authorized and to pay
costs of issuing the Bonds. The delegation made hereby shall expire if not exercised by the Pricing
Officer on or prior to the date that is six months after the adoption of this Ordinance. The Bonds
shall be sold at such price, with and subject to such terms as set forth in the Pricing Certificate.
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Item 14.
4
(c) The Bonds may be issued as Current Interest Bonds or Capital Appreciation Bonds, or
a combination thereof, as set forth in the Pricing Certificate. The Bonds may be sold by public
offering (either through a negotiated or competitive offering) or by private placement. If the Bonds
are sold by private placement, the Pricing Certificate shall so state, and the Pricing Certificate may
make changes to this Ordinance to effect such private placement, including the provisions hereof
that pertain to the book-entry-only procedures (including eliminating the book-entry-only system
of registrations, payment and transfers) and to the provisions of Section 14 hereof relating to the
Rule 15c2-12 undertaking (including eliminating or replacing such undertaking with an agreement
to provide alternative disclosure information). In addition, if the Bonds are sold in more than one
series, and one of such series is an issue with respect to which the interest on the Bonds of such
series is not exempt from federal income taxation, the Pricing Certificate shall so state and may
make changes to this Ordinance to effect such taxable issuance, including, specifically providing
that the covenants of Section 11 hereof shall not be applicable to such series.
(d) In the event any of the Bonds are issued as Capital Appreciation Bonds, the Pricing
Certificate shall have attached thereto a schedule which sets forth the rounded original principal
amounts at the issuance date for the Capital Appreciation Bonds and the Compounded Amounts
thereof (per $5,000 payment at maturity), including the initial premium, if any, as of each date and
commencing on the date set forth in such schedule.
(e) It is hereby found and determined that the refunding of the Refunded Obligations is
advisable and necessary in order to restructure the debt service requirements of the Issuer, and that
the debt service requirements on the Bonds will be less than those on the Refunded Obligations,
resulting in a reduction in the amount of principal and interest which otherwise would be payable.
The Refunded Obligations are subject to redemption, at the option of the Issuer, and the Pricing
Officer is hereby authorized to cause all of the Refunded Obligations to be called for redemption
on the respective date or dates consistent with the savings analysis set forth in Section 3(a)(iv)
hereof, and the proper notices of such redemption to be given, and in each case at a redemption
price of par, plus accrued interest to the date fixed for redemption. In furtherance of authority
granted by Section 1207.007(b), Texas Government Code, the Pricing Officer is further authorized
to enter into and execute on behalf of the Issuer with the escrow agent named therein, an escrow
agreement, in substantially the form presented to the Town Council at the meeting at which this
Ordinance was adopted and as shall be approved by the Pricing Officer, which escrow agreement
will provide for the payment in full of the Refunded Obligations (the "Escrow Agreement"). In
addition, the Pricing Officer is authorized to purchase such securities with proceeds of the Bonds,
including, without limitation, to execute such subscriptions for the purchase of the United States
Treasury Securities State and Local Government Series or other United States Treasury or United
States Agency securities that may be purchased in the open market, and to transfer and deposit
such cash from available funds, as may be necessary or appropriate for the escrow fund described
in the Escrow Agreement.
(f) In satisfaction of Section 1201.022(a)(3)(B), Texas Government Code, the Town
Council hereby determines that the delegation of the authority to the Pricing Officer to approve
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the final terms of the Bonds set forth in this Ordinance is, and the decisions made by the Pricing
Officer pursuant to such delegated authority and incorporated into the Pricing Certificate will be,
in the Issuer's best interests, and the Pricing Officer is hereby authorized to make and include in
the Pricing Certificate a finding to that effect.
SECTION 4. CHARACTERISTICS OF THE BONDS. (a) Registration, Transfer,
Conversion and Exchange. The Issuer shall keep or cause to be kept at the principal corporate
trust office of the bank named in the Pricing Certificate as the paying agent/registrar for the Bonds
(the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and
exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers, conversions and exchanges under such reasonable regulations as the
Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided within three days of
presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the
Registration Books the address of the registered owner of each Bond to which payments with
respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered
owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be
mailed, and such interest payments shall not be mailed unless such notice has been given. The
Issuer shall have the right to inspect the Registration Books during regular business hours of the
Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and
charges for making such registration, transfer, conversion, exchange and delivery of a substitute
Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall
be made in the manner provided and with the effect stated in the FORM OF BOND set forth in
this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each
other Bond.
(b) Authentication. Except as provided in Section 4(e) hereof, an authorized representative
of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign
said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is so
executed. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds
surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be
passed or adopted by the governing body of the Issuer or any other body or person so as to
accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying
Agent/Registrar shall provide for the printing, execution and delivery of the substitute Bonds in
the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code,
the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall
be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds
which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney
General, and registered by the Comptroller of Public Accounts.
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(c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds,
all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all
payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all
conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this
Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and
for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record
Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the Issuer. Notice of the Special Record Date and of the
scheduled payment date of the past due interest (which shall be 15 days after the Special Record
Date) shall be sent at least five (5) business days prior to the Special Record Date by United States
mail, first-class postage prepaid, to the address of each registered owner appearing on the
Registration Books at the close of business on the last business day next preceding the date of
mailing of such notice.
(d) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners
of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent
and legally qualified bank, trust company, financial institution or other agency to act as and
perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the
Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option,
change the Paying Agent/Registrar upon not less than 50 days written notice to the Paying
Agent/Registrar, to be effective not later than 45 days prior to the next principal or interest payment
date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or
its successor by merger, acquisition, or other method) should resign or otherwise cease to act as
such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank,
trust company, financial institution, or other agency to act as Paying Agent/Registrar under this
Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar
promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other
pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated
and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly
will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each registered
owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give
the address of the new Paying Agent/Registrar. By accepting the position and performing as such,
each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance,
and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(e) General Characteristics of the Bonds. The Bonds (i) shall be issued in fully registered
form, without interest coupons, with the principal of and interest on such Bonds to be payable only
to the Registered Owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice
of which shall be given to the Paying Agent/Registrar by the Issuer at least 35 days prior to any
such redemption date), (iii) may be transferred and assigned, (iv) may be converted and exchanged
for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and
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authenticated, (vii) the principal of and interest on the Bonds shall be payable, and (viii) shall be
administered and the Paying Agent/Registrar and the Issuer shall have certain duties and
responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as
required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially
issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated
by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange
for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the
Paying Agent/registrar's Authentication Certificate, in the FORM OF BOND set forth in this
Ordinance.
(f) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued
to the purchaser specified herein shall be initially issued in the form of a separate single fully
registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of ea ch
such Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust
Company of New York ("DTC"), and except as provided in subsection (g) hereof, all of the
outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer
and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers
and dealers, banks, trust companies, clearing corporations and certain other organizations on
whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants or to any person on behalf of
whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately
preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or
obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC
Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC
Participant or any other person, other than a registered owner of Bonds, as shown on the
Registration Books, of any notice with respect to the Bonds, or (iii) the p ayment to any DTC
Participant or any other person, other than a registered owner of Bonds, as shown in the
Registration Books of any amount with respect to principal of or interest on the Bonds.
Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is
registered in the Registration Books as the absolute owner of such Bond for the purpose of payment
of principal and interest with respect to such Bond, for the purpose of registering transfers with
respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall
pay all principal of and interest on the Bonds only to or upon the order of the registered owners,
as shown in the Registration Books as provided in this Ordinance, or their respective attorneys
duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to payment of principal of and interest on the Bonds
to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the
Registration Books, shall receive a Bond certificate evidencing the obligation of the Issuer to make
payments of principal and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying
Agent/Registrar of written notice to the effect that DTC has determined to substitute a new
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Item 14.
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nominee in place of Cede & Co., and subject to the provisions in thi s Ordinance with respect to
interest checks being mailed to the registered owner at the close of business on the Record date,
the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(g) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i)
appoint a successor securities depository, qualified to act as such under Section 17A of the
Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Bonds to
such successor securities depository or (ii) notify DTC and DTC Participants of the availability
through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds
credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being
registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names registered owners transferring or exchanging Bonds shall designate, in accordance with
the provisions of this Ordinance.
(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all
payments with respect to principal of and interest on such Bond and all notices with respect to
such Bond shall be made and given, respectively, in the manner provided in the representation
letter of the Issuer to DTC.
(i) Cancellation of Initial Bonds. On the closing date, one initial Bond representing the
entire principal amount of the Current Interest Bonds and one initial Bond representing the entire
maturity amount of the Capital Appreciation Bonds, payable in stated installments to the order of
the initial purchaser of the Bonds or its designee, executed by manual or facsimile signature of the
Mayor and Town Secretary, approved by the Attorney General of Texas, and registered and
manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to
such purchaser or its designee. Upon payment for the initial Bonds, the Paying Agent/Regi strar
shall cancel the initial Bond or Bonds and deliver to The Depository Trust Company ("DTC") on
behalf of such purchaser one registered definitive Bond for each year of maturity of the Bonds, in
the aggregate principal amount of all of the Bonds for such maturity, registered in the name of
Cede & Co., as nominee of DTC. To the extent that the Paying Agent/Registrar is eligible to
participate in DTC's FAST System, pursuant to an agreement between the Paying Agent/Registrar
and DTC, the Paying Agent/Registrar shall hold the definitive Bonds in safekeeping for DTC.
(j) Conditional Notice of Redemption. With respect to any optional redemption of the
Bonds, unless certain prerequisites to such redemption required by this Ordinance have been met
and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be
redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice
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of redemption, such notice shall state that said redemption may, at the option of the Issuer, be
conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying
Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth
in such notice of redemption. If a conditional notice of redemption is given and such prerequisites
to the redemption and sufficient moneys are not received, such notice shall be of no force and
effect, the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in
the manner in which the notice of redemption was given, to the effect that the Bonds have not been
redeemed.
SECTION 5. FORM OF BONDS. The form of the Bonds, including the form of Paying
Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Bonds
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as
follows, with such appropriate variations, omissions or insertions as are permitted or required by
this Ordinance, and with the Bonds to be completed with information set forth in the Pricing
Certificate. The Form of Bond shall be completed with information set forth in the Pricing
Certificate and shall be attached to the Pricing Certificate as an exhibit thereto.
(a) [Form of Bond]
NO. R- UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2021
PRINCIPAL
AMOUNT
$
INTEREST
RATE
DATE OF INITIAL
DELIVERY
OF BONDS
MATURITY
DATE
CUSIP NO.
____% ___________, 2021 ____________ ____________
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
ON THE MATURITY DATE specified above, the Town of Prosper, in Collin and Denton
Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State
of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns
(hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal
Amount specified above. The Issuer promises to pay interest on the unpaid principal amount
hereof (calculated on the basis of a 360-day year of twelve 30-day months) from _____________
at the Interest Rate per annum specified above. Interest is payable on _________ and semiannually
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on each __________ and __________ thereafter to the Maturity Date specified above, or the date
of redemption prior to maturity; except, if this Bond is required to be authenticated and the date of
its authentication is later than the first Record Date (hereinafter defined), such principal amount
shall bear interest from the interest payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following
interest payment date; provided, however, that if on the date of authentication hereof the interest
on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid,
then this Bond shall bear interest from the date to which such interest has been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity,
or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of
__________________, in _________, __________, which is the "Paying Agent/Registrar" for this
Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the
registered owner hereof on each interest payment date by check or draft, dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the
Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to
be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such
check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage
prepaid, on each such interest payment date, to the registered owner hereof, at its address as it
appeared on the fifteenth day of the month preceding each such date (the "Record Date") on the
Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition,
interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested
by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest
on a scheduled payment date, and for 30 days thereafter, a new record date for such interest
payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when
funds for the payment of such interest have been received from the Issuer. Notice of the Special
Record Date and of the scheduled payment date of the past due interest (which shall be 15 days
after the Special Record Date) shall be sent at least five business days prior to the Special Record
Date by United States mail, first-class postage prepaid, to the address of each owner of a Bond
appearing on the Registration Books at the close of business on the last business day next preceding
the date of mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Bond prior
to maturity as provided herein shall be paid to the registered owner upon presentation and surrender
of this Bond for payment or redemption at the designated corporate trust office of the Paying
Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before
each principal payment date and interest payment date for this Bond it will make available to the
Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the
amounts required to provide for the payment, in immediately available funds, of all principal of
and interest on the Bonds, when due.
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Item 14.
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IF THE DATE for any payment of the principal of or interest on this Bond shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeedi ng day that is
not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
THIS BOND is one of a series of Bonds dated __________, authorized in accordance with
the Constitution and laws of the State of Texas in the principal amount of $_____________ for the
purpose of providing funds to refund a portion of the Issuer's outstanding obligations.
ON ___________, or on any date thereafter, the Bonds of this series that mature on or after
________________ may be redeemed prior to their scheduled maturities, at the option of the
Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in
part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by
the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of
$5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest
to the date fixed for redemption.
AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof
prior to maturity a written notice of such redemption shall be sent by th e Paying Agent/Registrar
by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any
such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared
on the 45th day prior to such redemption date; provided, however, that the failure of the registered
owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not
affect the validity or effectiveness of the proceedings for the redemption of any Bond. By the date
fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for
the payment of the required redemption price for the Bonds or portions thereof that are to be so
redeemed. If such written notice of redemption is sent and if due provision for such payment is
made, all as provided above, the Bonds or portions thereof that are to be so redeemed thereby
automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not
bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding
except for the right of the registered owner to receive the redemption price from the Paying
Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be
redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same
rate, in any denomination or denominations in any integral multiple of $5,000, at the written
request of the registered owner, and in aggregate principal amount equal to the unredeemed portion
thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the
expense of the Issuer, all as provided in the Bond Ordinance.
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ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without
interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond
Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees
hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal
amount of fully registered Bonds, without interest coupons, payable to the appropriate registered
owner, assignee or assignees, as the case may be, having the same denomination or denominations
in any integral multiple of $5,000 as requested in writing by the appropriate registered owner,
assignee or assignees, as the case may be, upon surrender of this Bond to the Paying
Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the
Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be
presented and surrendered to the Paying Agent/Registrar, together with proper instruments of
assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of
$5,000 to the assignee or assignees in whose name or names this Bond or any such portion or
portions hereof is or are to be registered. The form of Assignment printed or endorsed on this
Bond may be executed by the registered owner to evidence the assignment hereof, but such method
is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar
may be used to evidence the assignment of this Bond or any portion or portions hereof from time
to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary
fees and charges for assigning, transferring, converting and exchanging any Bond or portion
thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required
to be paid with respect thereto shall be paid by the one requesting such assignment, transfer,
conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying
Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during
the period commencing with the close of business on any Record Date and ending with the opening
of business on the next following principal or interest payment date, or (ii) with respect to any
Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its
redemption date.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer,
resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that
it promptly will appoint a competent and legally qualified substitute therefor, and caus e written
notice thereof to be mailed to the registered owners of the Bonds.
IT IS HEREBY certified, recited and covenanted that this Bond has been duly and validly
authorized, issued and delivered; that all acts, conditions and things required or proper to be
performed, exist and be done precedent to or in the authorization, issuance and delivery of this
Bond have been performed, existed and been done in accordance with law; and that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond,
as such interest comes due and such principal matures, have been levied and ordered to be levied
against all taxable property in said Issuer, and have been pledged for such payment, within the
limit prescribed by law, all as provided in the Bond Ordinance.
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THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided
therein, and under some (but not all) circumstances amendments thereto must be approved by the
registered owners of a majority in aggregate principal amount of the outstanding Bonds.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing body of the Issuer, and agrees that
the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each
registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual
or facsimile signature of the Mayor of the Issuer (or in the absence of the Mayor, by the Mayor
Pro-tem) and countersigned with the manual or facsimile signature of the Town Secretary of the
Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile,
on this Bond.
(signature) (signature)
Town Secretary Mayor
(SEAL)
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Item 14.
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(b) [Form of Paying Agent/Registrar's Authentication Certificate]
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or
replacement of, or in exchange for, a Bond, Bonds, or a portion of a Bond or Bonds of a series
that originally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated: __________________. _______________________________
_______, ________
Paying Agent/Registrar
By:______________________________
Authorized Representative
(c) [Form of Assignment]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee:
Please print or typewrite name and address, including zip code of Transferee:
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the
transfer of
the within Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: __________________.
Signature Guaranteed:
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Item 14.
15
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating in
a securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this Bond
in every particular, without alteration or
enlargement or any change whatsoever.
(d) [Form of Registration Certificate of the Comptroller of Public Accounts]
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. ___________
I hereby certify that this Bond has been examined, certified as to validity and approved by
the Attorney General of the State of Texas, and that this Bond has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this __________________.
__________________________________________
Comptroller of Public Accounts of the State of Texas
(COMPTROLLER'S SEAL)
(e) [Initial Bond Insertions]
(i) The initial Bond shall be in the form set forth is paragraph (a) of this Section,
except that:
A. immediately under the name of the Bond, the headings "Interest Rate"
and "Maturity Date" shall both be completed with the words "As shown
below" and "CUSIP No. _____" shall be deleted.
B. the first paragraph shall be deleted and the following will be inserted:
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"THE TOWN OF PROSPER, TEXAS, in Collin and Denton Counties, Texas (the
"Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby
promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called
the "Registered Owner"), on _____________ in each of the years, in the principal installments and
bearing interest at the per annum rates set forth in the following schedule:
Years
Principal
Amounts
Interest
Rates
Years
Principal
Amounts
Interest
Rates
The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from ____________ at the respective Interest Rate
per annum specified above. Interest is payable on ____________, and semiannually on each
____________ and ____________ thereafter to the date of payment of the principal installment
specified above, or the date of redemption prior to maturity; except, that if this Bond is required to
be authenticated and the date of its authentication is later than the first Record Date (hereinafter
defined), such Principal Amount shall bear interest from the interest payment date next preceding
the date of authentication, unless such date of authentication is after any Record Date but on or
before the next following interest payment date, in which case such principal amou nt shall bear
interest from such next following interest payment date; provided, however, that if on the date of
authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being
exchanged is due but has not been paid, then this Bond shall bear interest from the date to which
such interest has been paid in full."
C. The Initial Bond shall be numbered "T-1."
Section 6. TAX LEVY. A special "Interest and Sinking Fund" is hereby created and shall
be established and maintained by the Issuer at an official depository bank of said Issuer. Said
Interest and Sinking Fund shall be kept separate and apart from all ot her funds and accounts of
said Issuer, and shall be used only for paying the interest on and principal of said Bonds. All
amounts received from the sale of the Bonds as accrued interest shall be deposited upon receipt to
the Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of
said Bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During
each year while any of said Bonds are outstanding and unpaid, the governing body of said Issuer
shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and
produce the money required to pay the interest on said Bonds as such interest comes due, and to
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provide and maintain a sinking fund adequate to pay the principal of said Bonds as such principal
matures (but never less than 2% of the original amount of said Bonds as a sinking fund each year);
and said tax shall be based on the latest approved tax rolls of said Issuer, with full allowances being
made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax
is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for
each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and
collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund.
Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said
Bonds, as such interest comes due and such principal matures, are hereby pledged for such
payment, within the limit prescribed by law. If lawfully available moneys of the Issuer are actually
on deposit in the Interest and Sinking Fund in advance of the time when ad valorem ta xes are
scheduled to be levied for any year, then the amount of taxes that otherwise would have been
required to be levied pursuant to this Section may be reduced to the extent and by the amount of
the lawfully available funds then on deposit in the Interest and Sinking Fund.
Section 7. PERFECTION OF SECURITY INTEREST. Chapter 1208, Texas Government
Code, applies to the issuance of the Bonds and the pledge of the taxes granted by the Issuer under
this Section, and is therefore valid, effective, and perfected. Should Texas law be amended at any
time while the Bonds are outstanding and unpaid, the result of such amendment being that the
pledge of the taxes granted by the Issuer under this Section is to be subject to the filing
requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered
owners of the Bonds a security interest in said pledge, the Issuer agrees to take such measures as
it determines are reasonable and necessary under Texas law to comply with the applicable
provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in
said pledge to occur.
Section 8. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be
deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of
this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of
the principal of such Bond, plus interest thereon to the due date (whether such due date be by
reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance
with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably
depositing with or making available to the Paying Agent/Registrar in accordan ce with an escrow
agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful
money of the United States of America sufficient to make such payment or (2) Defeasance
Securities that mature as to principal and interest in such amounts and at such times as will insure
the availability, without reinvestment, of sufficient money to provide for such payment, and when
proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the
payment of its services until all Defeased Bonds shall have become due and payable. At such time
as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the
interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad
valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and
interest shall be payable solely from such money or Defeasance Securities, and thereafter the Issuer
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will have no further responsibility with respect to amounts available to the Paying Agent/Registrar
(or other financial institution permitted by applicable law) for the payment of such Defeased
Bonds, including any insufficiency therein caused by the failure of the Paying Agent/Registrar (or
other financial institution permitted by applicable law) to receive payment when due on the
Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it
is hereby provided that any determination not to redeem Defeased Bonds that is made in
conjunction with the payment arrangements specified in subsection 8(a)(i) or (ii) shall not be
irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the
Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2) gives notice of
the reservation of that right to the owners of the Defeased Bonds immediately following the
making of the payment arrangements; and (3) directs that notice of the reservation be included in
any redemption notices that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction
of the Issuer also be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Bonds and interest thereon, with respect
to which such money has been so deposited, shall be turned over to the Issuer, or deposited as
directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions
permitting the investment or reinvestment of such moneys in Defeasance Securities or the
substitution of other Defeasance Securities upon the satisfaction of the requirements specified in
subsection 8(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect to
which such money has been so deposited, shall be remitted to the Issuer or deposited as directed
in writing by the Issuer.
(c) The term "Defeasance Securities" means any securities and obligations now or
hereafter authorized by State law that are eligible to refund, retire or otherwise discharge
obligations such as the Bonds.
(d) Until all Defeased Bonds shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Regist rar for such Defeased Bonds the
same as if they had not been defeased, and the Issuer shall make proper arrangements to provide
and pay for such services as required by this Ordinance.
(e) In the event that the Issuer elects to defease less than all of the principal amount of
Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount
of Bonds by such random method as it deems fair and appropriate.
Section 9. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new
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bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bonds. Application for replacement of damaged,
mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner
applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such
security or indemnity as may be required by them to save each of them harmless from any loss or
damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the
registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destruction of such Bond. In every case of damage or mutilation
of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the
Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the
event any such Bond shall have matured, and no default has occurred which is then continuing in
the payment of the principal of or interest on the Bond, the Issuer may authorize the payment of
the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of
issuing a replacement Bond, provided security or indemnity is furnished as above provided in this
Section.
(d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond,
the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing,
and other expenses in connection therewith. Every replacement bond i ssued pursuant to the
provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall
constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond
shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of
this Ordinance equally and proportionately with any and all other Bonds duly issued under this
Ordinance.
(e) Authority for Issuing Replacement Bonds. In accordance with Subchapter B, Chapter
1206, Texas Government Code, this Section shall constitute authority for the issuance of any such
replacement bond without necessity of further action by the governing body of the Issuer or any
other body or person, and the duty of the replacement of such bonds is hereby authorized and
imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and
deliver such Bonds in the form and manner and with the effect, as provided in Section 4(b) of this
Ordinance for Bonds issued in conversion and exchange for other Bonds.
Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND
COUNSEL'S OPINION, CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION,
IF OBTAINED. The Mayor of the Issuer is hereby authorized to have control of the Bonds initially
issued and delivered hereunder and all necessary records and proceedings pertaining to the Bonds
pending their delivery and their investigation, examination, and approval by the Attorney General
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of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of
Texas. Upon registration of the Bonds said Comptroller of Public Accounts (or a deputy
designated in writing to act for said Comptroller) shall manually sign the Comptroller's
Registration Certificate attached to such Bonds, and the seal of said Comptroller shall be
impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's
Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the
Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall
be solely for the convenience and information of the registered owners of the Bonds. If bond
insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer.
Section 11. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
BONDS. Subject to the determination of the Pricing Officer, as set forth in the Pricing Certificate
as to the treatment of the Bonds as taxable or tax-exempt obligations pursuant to the Code, the
Issuer makes the following covenants with respect to the Bonds, in the event that the Bonds are
issued as obligations the interest on which is exempt from federal income taxation.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from
any action which would adversely affect, the treatment of the Bonds as obligations described in
section 103 of the Code, the interest on which is not includable in the "gross income" of the holder
for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the
Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any)
are used for any "private business use," as defined in section 141(b)(6) of the Code or, if
more than 10 percent of the proceeds or the projects financed therewith are so used, such
amounts, whether or not received by the Issuer, with respect to such private business use,
do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Bonds, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" which is "related" and
not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the
governmental use;
(3) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons, oth er than state or
local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action which would otherwise result in the Bonds
being treated as "private activity bonds" within the meaning of section 141(b) of the Code;
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(5) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) which produces a
materially higher yield over the term of the Bonds, other than investment property acquired
with --
(A) proceeds of the Bonds invested for a reasonable temporary period of 3
years or less or, in the case of a refunding bond, for a period of 90 days or less until
such proceeds are needed for the purpose for which the bonds are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning
of section l.148-1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds;
(7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as
proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene
the requirements of section 148 of the Code (relating to arbitrage);
(8) to refrain from using the proceeds of the Bonds or proceeds of any prior bonds to pay
debt service on another issue more than 90 days after the date of issue of the Bonds in
contravention of the requirements of section 149(d) of the Code (relating to advance
refundings); and
(9) to pay to the United States of America at least once during each five-year period
(beginning on the date of delivery of the Bonds) an amount that is at least equal to 90
percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to
pay to the United States of America, not later than 60 days after the Bonds have been paid
in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (8), a "Rebate
Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and
such fund shall not be subject to the claim of any other person, including without limitation the
bondholders. The Rebate Fund is established for the additional purpose of compliance with section
148 of the Code.
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(c) Proceeds. The Issuer understands that the term "proceeds" includes "disposition
proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the Refunded Obligations expended prior to the date of issuance
of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended
to assure compliance with the Code and any regulations or rulings promulgated by the U.S.
Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter
promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the Issuer
will not be required to comply with any covenant contained herein to the extent that such failure
to comply, in the opinion of nationally recognized bond counsel, will not adversel y affect the
exemption from federal income taxation of interest on the Bonds under section 103 of the Code.
In the event that regulations or rulings are hereafter promulgated which impose additional
requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional
requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to
preserve the exemption from federal income taxation of interest on the Bonds under section 103
of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor
or the Town Manager to execute any documents, certificates or reports required by the Code and
to make such elections, on behalf of the Issuer, which may be permitted by the Code as are
consistent with the purpose for the issuance of the Bonds.
(d) Disposition of Project. The Issuer covenants that the projects funded with the proceeds
of the Refunded Obligations will not be sold or otherwise disposed of in a transaction resulting in
the receipt by the Issuer of cash or other compensation, unless any action taken in connection with
such disposition will not adversely affect the tax-exempt status of the Bonds. For purpose of the
foregoing, the Issuer may rely on an opinion of nationally-recognized bond counsel that the action
taken in connection with such sale or other disposition will not adversely affect the tax-exempt
status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal
property and disposed in the ordinary course shall not be treated as a transaction resulting in the
receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to
comply with this covenant if it obtains an opinion that such failure to comply will not adversely
affect the excludability for federal income tax purposes from gross income of the interest.
(e) Designation as Qualified Tax-Exempt Obligations. The Bonds may be designated as
"qualified tax-exempt obligations" as defined in section 265(b)(3) of the Code, if so provided in
the Pricing Certificate, and further conditioned upon the Purchaser certifying that the aggregate
initial offering price of the Bonds to the public (excluding any accrued interest) is no greater than
$10 million (or such other amount permitted by such section 265 of the Code). Assuming such
condition is met, in furtherance of such designation, the Issuer represents, covenants and warrants
the following: (a) that during the calendar year in which the Bonds are issued, the Issuer (including
any subordinate entities) has not designated nor will designate obligations, which when aggregated
with the Bonds, will result in more than $10,000,000 (or such other amount permitted by such
section 265 of the Code) of "qualified tax-exempt obligations" being issued; (b) that the Issuer
reasonably anticipates that the amount of tax-exempt obligations issued during the calendar year
in which the Bonds are issued, by the Issuer (or any subordinate entities) will not exceed
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$10,000,000 (or such other amount permitted by such section 265 of the Code); and, (c) that the
Issuer will take such action or refrain from such action as necessary, and as more particularly set
forth in this Section, in order that the Bonds will not be considered "private activity bonds" within
the meaning of section 141 of the Code.
Section 12. SALE OF BONDS; OFFICIAL STATEMENT. (a) The Bonds shall be
sold and delivered subject to the provisions of Section 1 and Section 3 and pursuant to the terms
and provisions of a bond purchase agreement, notice of sale and bidding instructions or private
placement agreement (collectively, the "Purchase Agreement") which the Pricing Officer is hereby
authorized to execute and deliver and in which the purchaser or purchasers (collectively, the
"Purchaser") of the Bonds shall be designated. The Bonds shall initially be registered in the name
of the purchaser thereof as set forth in the Pricing Certificate.
(b) The Pricing Officer is hereby authorized, in the name and on behalf of the Issuer, to
approve, distribute, and deliver a preliminary official statement and a final official statement
relating to the Bonds to be used by the Purchaser in the marketing of the Bonds.
Section 13. FURTHER PROCEDURES; ENGAGEMENT OF BOND COUNSEL;
APPROPRIATION. (a) The Mayor or Mayor Pro-tem and Town Secretary of the Issuer and the
Town Manager of the Issuer and all other officers, employees and agents of the Issuer, and each
of them, shall be and they are hereby expressly authorized, empowered and directed from time to
time and at any time to do and perform all such acts and things and to execute, acknowledge and
deliver in the name and under the corporate seal and on behalf of the Issuer a Paying
Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented to
the Town Council at the meeting at which this Ordinance was adopted and all other instruments,
whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms
and provisions of this Ordinance, the Letter of Representations, the Bonds, the sale of the Bonds
and the Official Statement. Notwithstanding anything to the contrary contained herein, while the
Bonds are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter
of Representations is hereby incorporated herein and its provisions shall prevail over any other
provisions of this Ordinance in the event of conflict. In case any officer whose signature shall
appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature
shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained
in office until such delivery.
(b) The obligation of the initial purchasers to accept delivery of the Bonds is subject to the
initial purchasers being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of
initial delivery of the Bonds to the initial purchasers. The engagement of such firm as bond counsel
to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and
confirmed. The execution and delivery of an engagement letter between the Issuer and such firm,
with respect to such services as bond counsel, is hereby authorized in such form as may be
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approved by the Mayor, Mayor Pro-tem or the Town Manager are hereby authorized to execute
such engagement letter.
(c) To pay the debt service coming due on the Bonds, if any (as determined by the Pricing
Certificate) prior to receipt of the taxes levied to pay such debt service, there is hereby appropriated
from current funds on hand, which are hereby certified to be on hand and avai lable for such
purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other
purpose.
Section 14. COMPLIANCE WITH RULE 15c2-12.
(a) If the Bonds are sold by public offering, and are subject to the Rule (as defined
below), the following provisions shall apply:
(i) Definitions. As used in this Section, the following terms have the meanings ascribed
to such terms below:
"Financial Obligation" means a (i) debt obligation; (ii) derivative instrument entered into
in connection with, or pledged as security or a source of payment for, an existing or planned
debt obligation; or (iii) guarantee of a debt obligation or any such derivative instrument;
provided that "financial obligation" shall not include municipal securities as to which a
final official statement (as defined in the Rule) has been provided to the MSRB consistent
with the Rule.
"MSRB" means the Municipal Securities Rulemaking Town Council.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
(ii) Annual Reports. (A) The Issuer shall provide annually to the MSRB, in the electronic
format prescribed by the MSRB, financial information and operating data with respect to the Issuer
consisting of the information described in the Pricing Certificate (the "Annual Operating Report").
The Issuer will additionally provide financial statements of the Issuer (the "Financial Statements"),
that will be (i) prepared in accordance with the accounting principles described in the Pricing
Certificate or such other accounting principles as the Issuer may be required to employ from time
to time pursuant to State law or regulation and shall be in substantially the form included in the
final Official Statement and (ii) audited, if the Issuer commissions an audit of such Financial
Statements and the audit is completed within the period during which they must be provided. The
Issuer will update and provide the Annual Operating Report within six months after the end of
each fiscal year and the Financial Statements within 12 months of the end of each fiscal year, in
each case beginning with the fiscal year ending in and after 2021. The Issuer may provide the
Financial Statements earlier, including at the time it provides its Annual Operating Report, but if
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the audit of such Financial Statements is not complete within 12 months after any such fiscal year
end, then the Issuer shall file unaudited Financial Statements within such 12-month period and
audited Financial Statements for the applicable fiscal year, when and if the audit report on such
Financial Statements becomes available.
(B) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the
date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be
required to provide financial information and operating data pursuant to this Section. The financial
information and operating data to be provided pursuant to this Section may be set forth in full in
one or more documents or may be included by specific reference to any documents available to
the public on the MSRB's internet website or filed with the SEC.
(iii) Event Notices. The Issuer shall notify the MSRB, in a timely manner not in excess
of ten Business Days after the occurrence of the event, of any of the following events with respect
to the Bonds:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB)
or other material notices or determinations with respect to the tax status of the
Bonds, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of holders of the Bonds, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds, if
material;
11. Rating changes;
12. Bankruptcy, insolvency, receivership or similar event of the Issuer;
13. The consummation of a merger, consolidation, or acquisition involving the Issuer
or the sale of all or substantially all of the assets of the Issuer, other than in the
ordinary course of business, the entry into a definitive agreement to undertake such
an action or the termination of a definitive agreement relating to any such actions,
other than pursuant to its terms, if material;
14. Appointment of a successor Paying Agent/Registrar or change in the name of the
Paying Agent/Registrar, if material;
15. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to
covenants, events of default, remedies, priority rights, or other similar terms of a
Financial Obligation of the Issuer, any of which affect security holders, if material;
and
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16. Default, event of acceleration, termination event, modification of terms, or other
similar events under the terms of a Financial Obligation of the Issuer, any of which
reflect financial difficulties.
The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide
financial information or operating data in accordance with subsection (ii) of this Section by the
time required by subsection (ii). As used in clause (iii)12 above, the phrase "bankruptcy,
insolvency, receivership or similar event" means the appointment of a receiver, fiscal agent or
similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other
proceeding under state or federal law in which a court of governmental authority has assumed
jurisdiction over substantially all of the assets or business of the Issuer, or if jurisdiction has been
assumed by leaving the Town Council and officials or officers of the Issuer in possession but
subject to the supervision and orders of a court or governmental authority, or the entry of an order
confirming a plan of reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the assets or business of the
Issuer.
(iv) Limitations, Disclaimers, and Amendments. (A) The Issuer shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule,
except that the Issuer in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes the Bonds no longer to be outstanding.
(B) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update
any information provided in accordance with this Section or otherwise, except as expressly
provided herein. The Issuer does not make any representation or warranty concerning such
information or its usefulness to a decision to invest in or sell Bonds at any future date.
(C) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN
PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT
FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN TH IS SECTION, BUT EVERY
RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON
ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR
MANDAMUS OR SPECIFIC PERFORMANCE.
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(D) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under the Ordinance for purposes of any other provision of
this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise
limit the duties of the Issuer under federal and state securities laws.
(E) The provisions of this Section may be amended by the Issuer from time to time to
adapt to changed circumstances that arise from a change in legal requirements, a change in law, or
a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the
provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell
Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any
amendments or interpretations of the Rule since such offering as well as such changed
circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount
(or any greater amount required by any other provision of this Ordinance that authorizes such an
amendment) of the outstanding Bonds consent to such amendment or (b) a person that is
unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such
amendment will not materially impair the interest of the registered owners and beneficial owners
of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any
amended financial information or operating data next provided in accordance with subsection (b)
of this Section an explanation, in narrative form, of the reason for the amendment and of the impact
of any change in the type of financial information or operating data so provided. The Issuer may
also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or
repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that
such provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the
primary offering of the Bonds.
(b) If the Bonds are sold by private placement or are not subject to the Rule, the Pricing
Officer may agree to provide for an undertaking in accordance with the Rule or may agree to
provide other public information to the purchaser as may be necessary for the sale of the Bonds on
the most favorable terms to the Issuer, or neither.
Section 15. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend
this Ordinance subject to the following terms and conditions, to-wit:
(a) The Issuer may from time to time, without the consent of any Registered Owner,
except as otherwise required by paragraph (b) below, amend or supplement this Ordinance to (i)
cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect
the interests of the Registered Owners, (ii) grant additional rights or security for the benefit of the
Registered Owners, (iii) add events of default as shall not be inconsistent with the provisions of
this Ordinance and that shall not materially adversely affect the interests of the Registered Owners,
(v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding
provisions of federal laws from time to time in effect, or (iv) make such other provisions in regard
to matters or questions arising under this Ordinance as shall not be materially inconsistent with the
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provisions of this Ordinance and that shall not, in the opinion of nationally-recognized bond
counsel, materially adversely affect the interests of the Registered Owners.
(b) Except as provided in paragraph (a) above, a majority of the Registered Owners of
Bonds then outstanding measured by original principal amount that are the subject of a proposed
amendment shall have the right from time to time to approve any amendment hereto that may be
deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100%
of the Registered Owners in aggregate principal amount of the then outstanding Bonds, nothing
herein contained shall permit or be construed to permit amendment of the terms and conditions of
this Ordinance or in any of the Bonds so as to:
(1) Make any change in the maturity of any of the outstanding Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Bonds;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on any outstanding Bonds;
(4) Modify the terms of payment of principal or of interest or redemption
premium on outstanding Bonds or any of them or impose any condition with
respect to such payment; or
(5) Change the minimum percentage of the principal amount of the Bonds
necessary for consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the
Issuer shall send by U.S. mail to each registered owner of the affected Bonds a copy of the
proposed amendment.
(d) Whenever at any time within one year from the date of mailing of such notice the
Issuer shall receive an instrument or instruments executed by the Registered Owners of at least a
majority in aggregate principal amount of all of the Bonds then outstanding that are required for
the amendment (or 100% if such amendment is made in accordance with paragraph (b)), which
instrument or instruments shall refer to the proposed amendment and which shall specifically
consent to and approve such amendment, the Issuer may adopt the amendment in substantially the
same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all
Registered Owners of such affected Bonds shall thereafter be determined, exercised, and enforced,
subject in all respects to such amendment.
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(f) Any consent given by the Registered Owner of a Bond pursuant to the provisions
of this Section shall be irrevocable for a period of six months from the date of such consent and
shall be conclusive and binding upon all future Registered Owners of the same Bond during such
period. Such consent may be revoked at any time after six months from the date of said consent
by the Registered Owner who gave such consent, or by a successor in title, by filing notice with
the Issuer, but such revocation shall not be effective if the Registered Owners the required amount
of the affected Bonds then outstanding, have, prior to the attempted revocation, consented to and
approved the amendment.
(g) For the purposes of establishing ownership of the Bonds, the Issuer shall rely solely
upon the registration of the ownership of such Bonds on the Registration Books kept by the Paying
Agent/Registrar.
Section 16. REDEMPTION OF REFUNDED OBLIGATIONS.
(a) Subject to execution and delivery of the Purchase Agreement with the Purchaser, the
Issuer hereby directs that the Refunded Obligations be called for redemption on the dates and at
the prices set forth in the Pricing Certificate.
(b) The paying agent/registrar for the Refunded Obligations is hereby directed to provide
the appropriate notice of redemption as required by the Refunded Obligations and is hereby
directed to make appropriate arrangements so that the Refunded Obligations may be redeemed on
the appropriate redemption date.
(c) If the redemption of the Refunded Obligations results in the partial refunding of any
maturity of the Refunded Obligations, the Pricing Officer shall direct the paying agent/registrar
for the Refunded Obligations to designate at random and by lot which of the Refunded Obligations
will be payable from and secured solely from ad valorem taxes of the Issuer pursuant to the order
of the Issuer authorizing the issuance of such Refunded Obligations (the "Refunded Bond
Ordinance"). For purposes of such determination and designation, all Refunded Obligations
registered in denominations greater than $5,000 shall be considered to be registered in separate
$5,000 denominations. The paying agent/registrar shall notify by first-class mail all registered
owners of all affected bonds of such maturities that: (i) a portion of such bonds have been refunded
and are secured until final maturity solely with cash and investments maintained by the Escrow
Agent in the Escrow Fund, (ii) the principal amount of all affected bonds of such maturities
registered in the name of such registered owner that have been refunded and are payable solely
from cash and investments in the Escrow Fund and the remaining principal amount of all affected
bonds of such maturities registered in the name of such registered owner, if any, have not been
refunded and are payable and secured solely from ad valorem taxes of the Issuer described in the
Refunded Obligation Ordinance, (iii) the registered owner is required to submit his or her
Refunded Obligations to the paying agent/registrar, for the purposes of re-registering such
registered owner's bonds and assigning new CUSIP numbers in order to distinguish the source of
payment for the principal and interest on such bonds, and (iv) payment of principal of and interest
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on such bonds may, in some circumstances, be delayed until such bonds have been re -registered
and new CUSIP numbers have been assigned as required by (iii) above.
(d) The source of funds for payment of the principal of and interest on the Refunded
Obligations on their respective maturity or redemption dates shall be from the funds deposited
with the Escrow Agent, pursuant to the Escrow Agreement approved in Section 3 of this
Ordinance, or from amounts deposited with the paying agent/registrar for the Refunded
Obligations from proceeds of the Bonds, if there is no Escrow Agreement.
Section 17. GOVERNING LAW. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
Section 18. SEVERABILITY. If any provision of this Ordinance or the application thereof
to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application
thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares
that this Ordinance would have been enacted without such invalid provision.
Section 19. EVENTS OF DEFAULT. Each of the following occurrences or events for the
purpose of this Ordinance is hereby declared to be an event of default (an "Event of Default"):
(i) the failure to make payment of the principal of or interest on any of the Current Interest
Bonds or the Maturity Value of the Capital Appreciation Bonds when the same becomes
due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Issuer, the failure to perform which materially, adversely affects the rights
of the Registered Owners, including, but not limited to, their prospect or ability to be repaid
in accordance with this Ordinance, and the continuation thereof for a period of 60 days
after notice of such default is given by any Registered Owner to the Issuer.
Section 20. REMEDIES FOR DEFAULT. (a) Upon the happening of any Event of
Default, then and in every case, any Owner or an authorized representative thereof, including, but
not limited to, a trustee or trustees therefor, may proceed against the Issuer for the purpose of
protecting and enforcing the rights of the Owners under this Ordinance, by mandamus or other
suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for
any relief permitted by law, including the specific performance of any covenant or agreement
contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any
right of the Owners hereunder or any combination of such remedies.
(b) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all Owners of Bonds then outstanding.
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Section 21. REMEDIES NOT EXCLUSIVE. (a) No remedy herein conferred or reserved
is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given hereunder or
under the Bonds or now or hereafter existing at law or in equity; provided, however, that
notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced
by the Bonds shall not be available as a remedy under this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver
of any other available remedy.
(c) By accepting the delivery of a Bond authorized under this Ordinance, such Owner
agrees that the certifications required to effectuate any covenants or representations contained in
this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or
charge against the officers, employees or trustees of the Issuer or the Town Council.
Section 22. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its
adoption by the Town Council.
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Item 14.
CERTIFICATE REGARDING ADOPTION OF ORDINANCE NO. 2021-__
THE STATE OF TEXAS §
COUNTIES OF COLLIN AND DENTON §
TOWN OF PROSPER §
We, the undersigned officers of the Town, hereby certify as follows:
1. The Town Council of the Town convened in REGULAR MEETING ON THE 23RD DAY OF
NOVEMBER, 2021, at the Town Hall, and the roll was called of the duly constituted officers and members
of the Town Council, to-wit:
Ray Smith, Mayor
Meigs Miller, Mayor Pro-Tem
Craig Andres, Deputy Mayor Pro-Tem
Amy Bartley
Charles Cotton
Jeff Hodges
Marcus E. Ray
Michelle Lewis Sirianni, Town Secretary
and all of said persons were present, except the following absentees: ___________________________, thus
constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a
written
ORDINANCE NO. _________ AUTHORIZING THE ISSUANCE OF TOWN OF PROSPER, TEXAS
GENERAL OBLIGATION REFUNDING BONDS; APPOINTING A PRICING OFFICER AND
DELEGATING TO THE PRICING OFFICER THE AUTHORITY TO APPROVE ON BEHALF OF THE
TOWN THE SELECTION OF BONDS TO BE REFUNDED, THE SALE OF THE BONDS, THE TERMS
OF THE BONDS AND THE OFFERING DOCUMENTS FOR THE BONDS; ESTABLISHING CERTAIN
PARAMETERS FOR THE APPROVAL OF SUCH MATTERS BY THE PRICING OFFICER;
APPROVING THE USE OF AN ESCROW AGREEMENT AND A PAYING AGENT/REGISTRAR
AGREEMENT; ENGAGING BOND COUNSEL; LEVYING AN ANNUAL AD VALOREM TAX FOR
THE PAYMENT OF THE BONDS; AND ENACTING OTHER PROVISIONS RELATING TO THE
SUBJECT
was duly introduced for the consideration of the Town Council. It was then duly moved and seconded that
said Ordinance be adopted and, after due discussion, said motion, carrying with it the adoption of said
Ordinance, prevailed and carried by the following vote:
AYES: All members of the Town Council shown present above voted "Aye," except as shown below:
NOES: ABSTAIN:
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Item 14.
2. That a true, full and correct copy of the aforesaid Ordinance adopted at the Meeting described in
the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been
duly recorded in said Town Council's minutes of said Meeting; that the above and foregoing paragraph is
a true, full and correct excerpt from the Town Council's minutes of said Meeting pertaining to the adoption
of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified
and acting officers and members of the Town Council as indicated therein; that each of the officers and
members of the Town Council was duly and sufficiently notified officially and personally, in advance, of the
time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and
considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the
holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of
the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code.
3. That the Mayor of the Town has approved and hereby approves the aforesaid Ordinance; that the
Mayor and the Town Secretary of the Town have duly signed said Ordinance; and that the Mayor and the
Town Secretary of the Town hereby declare that their signing of this Certificate shall constitute the signing
of the attached and following copy of said Ordinance for all purposes.
SIGNED and SEALED this, the 23rd day of November, 2021.
______________________________ ________________________________
Town Secretary Mayor
[Seal]
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Item 14.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director of Community Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Receive an update on the Town logo and rebranding project.
Description of Agenda Item:
In July 2021, the Prosper Community Library rolled out a new logo to establish a graphic identity
to be used on print and digital publications. The logo chosen by the Library is similar to the EDC
logo with respect to font style, color, and the integration of windmill blades. The rollout of the
Library logo in July prompted a conversation with Council about the official Town of Prosper
logo, and whether Council would be in favor of a change. Some members of Council have
expressed a desire to update the Town logo with a new color, updated font style, and a more
modern look that still reflects the Town’s history and culture.
At the September 28, 2021 Town Council meeting, the Council was presented with four options
regarding the Town logo:
Option 1: Keep log as is, no change
Option 2: Create a Town variation of the EDC & Library logo
Option 3: Redesign/refresh the existing logo (new color palette, updated font, cleaner graphics)
Option 4: Redesign a completely new logo with a full public input process
Town staff was directed to pursue Option 2 to create a Town logo variation that is similar to the
EDC and the Library, and to provide a more detailed plan for phasing in the rebranding of all
Town assets.
Town staff has communicated with the consultant who designed the EDC and Library logo. The
consultant has provided a draft agreement for the development of a new Town logo that is
similar to the EDC and Library. The agreement would include logo versions for all Town
departments, a brand and style guide, an interior and exterior signage package, stationary
package, and vehicle signage. Up to three draft versions would be developed for review.
In order to obtain public support of the new logo, it is important to include some level of public
input from the community. Town staff believes that engaging public input from residents early in
Prosper is a place where everyone matters.
COMMUNITY
SERVICES
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Item 15.
Page 2 of 2
process, either through a committee or through a full public input process, would provide Council
with feedback on how a new logo would be perceived by the public. It would also help create
buy-in from residents and ensure a more successful rollout to the public.
The Town can pursue several options to receive public input. The consultant recommends
putting together a small group of staff and residents/community stakeholders to review the draft
versions and make a final recommendation. Alternatively, Council could choose to pursue a
broader public input process, including focus groups, surveys, and virtual public meetings.
Depending on the level of public input desired, the consultant’s cost would range between
$5,000-$20,000, and could take several weeks to several months. In either case, the final
recommendation on a logo change would be presented to Council for approval.
As part of the agreement, the consultant would provide a phasing-in plan for replacing the logos
on hard assets, and a plan for rolling out the new logo to the public through a rebranding
campaign intended to generate enthusiasm and support for the new logo. The consultant has
previous experience with municipalities in developing and launching a new logo using a phased-
in approach.
Town staff is continuing to investigate cost savings to rebrand Town assets. At this time, the
estimated cost has been reduced from $388,000 to approximately $300,000. Town staff and the
logo consultant recommend phasing in the new logo over a period of no more than three years.
Town Staff Recommendation:
Town staff requests feedback and direction from the Council on the Town logo and rebranding
project.
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Item 15.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director of Community Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – November 23, 2021
Agenda Item:
Receive an update on the 2021 Texas Legislative Session and the Town of Prosper's legislative
strategy.
Description of Agenda Item:
The Town Council adopted Resolution 2020-85 on November 24, 2020, which established the
Town’s Legislative Agenda for the 2021 Texas Legislative Session. The Legislative Agenda is
intended to convey the Town’s legislative initiatives and establish an official position on key issues.
It is to be used as a communication tool with legislators and residents to convey what we believe
to be our top priority issues, which cover a wide range of topics that are important to the Town of
Prosper.
Over the course of the last year, Town staff and the Town’s own legislative delegation comprised
of the Mayor and Deputy Mayor Pro-Tem have worked with our legislators in Austin to convey our
position on the issues identified in our legislative agenda and worked to support or oppose
legislation based on the best interests of the Town. Notably, the Town initiated legislation that
would have eliminated the $1.5 million cap on the use of Competitive Sealed Proposals (CSP) for
the construction on Town infrastructure projects. While that legislation did not pass, it did provide
an opportunity for Town staff to reevaluate the use of CSP and its uses under the existing statute.
Several bills were passed in the Regular Session that are of interest to the Town, including, but
not limited to:
Public Utility Commisssion and ERCOT Reform
Constitutional or Permitless Carry
Paid Quarantine Leave for First Responders
Mental Health Leave for Police Officers
Chapter 380 Agreement Reporting
Establishment of a Statewide Broadband Office
Confidentiality of Utility Customer Information
Personal Information of Elected Officials is Confidential
Prosper is a place where everyone matters.
COMMUNITY
SERVICES
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Item 16.
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Governor Abbott called the first of three Special-Called Sessions on July 8, and the Senate passed
most of the items laid out by the Governor; however, no business was conducted in the House of
Representatives during the first Special Session due to a lack of quorum caused by House
members who had left the state in an effort to block voting legislation. The Second-Called Special
Session, which had been cut short due to the continued lack of quorum in the House, ended on
September 2, resulting in the passage of the Election Integrity Protection Act. The Third-Called
Special Session ended on October 18, which affected legislative district boundaries and
appropriated federal funds from the American Rescue Plan Act. A copy of the Town’s 2021
Legislative Agenda as well as a full summary of the bills passed in the 2021 Regular and Special
Sessions is available in the attached documents. Town staff has already implemented, or is
working to implement, policy and operational changes in order to comply with legislation passed
during the 2021 legislative sessions.
Town staff will continue to develop the Town’s legislative strategy in an effort to promote legislation
that will benefit the Town and oppose or provide recommendations for beneficial changes to
legislation that is not in the Town’s best interests. This will be achieved through a variety of
strategies, most importantly, through the development of positive working relationships with local,
regional, and state elected officials and their staff members by scheduling regular meetings and
inviting them to Town events.
Several Town staff members maintain memberships in various professional organizations for their
respective subject-matter areas and use those opportunities to gather input on pending issues of
interest. Participation by Town staff and Councilmembers on local and regional boards, agencies,
and other leadership opportunities is another way to increase the Town’s influence on policies
affecting the Town. Town staff has begun the process of searching for a new firm to provide
legislative advocacy services and assist in the pursuit of the Town’s legislative agenda.
Attached Documents:
1. Town of Prosper 2021 Legislative Agenda
2. June 11, 2021, TML Legislative Update
3. July 30, 2021, TML Legislative Update
4. September 3, 2021, TML Legislative Update
5. October 22, 2021, TML Legislative Update
Town Staff Recommendation:
Town staff requests feedback and direction from the Town Council on the 2021 Legislative
Session and legislative strategy and recommends the Town Council discuss the legislative
strategy further during the annual Strategic Planning session in February 2022.
Page 179
Item 16.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-85
A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING THE TOWN'S LEGISLATIVE AGENDA FOR THE s7rH
TEXAS LEGISLATIVE SESSION; AUTHORIZING CERTAIN PERSONS TO
REPRESENT AND COMMUNICATE THE TOWN'S LEGISLATIVE INTERESTS;
AUTHORIZING THE MAYOR AND TOWN MANAGER TO SIGN ALL LETTERS,
PETITIONS, AND/OR OTHER DOCUMENTS ON BEHALF OF THE CITY TO
PROMOTE THE CITY'S LEGISLATIVE AGENDA; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
SECTION 2
SECTION 3
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Item 16.
1 appropriate legislation, seeking a sponsor, and actively pursuing passage of such legislation by
providing testimony and through other means.
SECTION 4
For those items designated as "oppose," the Mayor, Town Manager, and/or the Town
Manager's designee are directed to oppose the passage of any such legislation.
SECTION 5
The Mayor and the Town Manager are specifically authorized to sign any and all letters,
petitions, and/or other documents on behalf of the Town in order to promote the Town's 2021
Legislative Agenda.
SECTION 6
When testimony before various committees is needed to support or oppose a bill, the
Mayor, the Town Council Members, the Town Manager, or the Town Manager's designee are
authorized to testify so long as the testimony is consistent with the approved 2021 Legislative
Agenda.
SECTION 7
This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 24rH DAV, OF NOVEMBER, 2020.
APPROVED:
ATTEST:
��
�n Secreta
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2020-85, Page 2
Page 181
Item 16.
EXHIBIT “A”
TOWN OF PROSPER
2021 LEGISLATIVE AGENDA
LEGISLATIVE PHILOSOPHY
The following Legislative Agenda represents the Town of Prosper’s legislative initiatives and
priorities for the 87th Legislative Session and establishes the Town’s position on key legislative
issues. The Town of Prosper is committed to providing efficient and effective municipal
government services to its residents, businesses, visitors, and community stakeholders.
The Town will support legislation that protects home rule authority, advances the principles of
local decision-making, protects or enhances municipal revenue sources, and enhances the
health, safety and welfare of its residents in the spirit of self-governance. Conversely, the Town
will oppose legislation that preempts or erodes municipal authority on local matters, impedes the
Town’s ability to allocate resources to locally determined projects and services, or is otherwise
detrimental to the Town and its constituents.
Throughout this document, it is understood that a position statement supporting a legislative
action also establishes opposition to legislative measures that would have the opposite effect,
and vice versa.
LEGISLATIVE INITIATIVES
•Support legislation that eliminates the $1.5 million cap on certain municipal competitive
sealed proposals, codified in Section 252.043(d-1) of the Texas Local Government Code,
and expands the use of the competitive sealed proposal method of procurement for road
and utility (horizontal) infrastructure projects.
LEGISLATIVE PRIORITIES
TRANSPORTATION
•Support legislation that seeks to fund local transportation projects.
•Support legislation that provides funding to maintain and rehabilitate existing and
aging infrastructure.
•Support legislation that promotes innovative financing tools for the construction,
rehabilitation, and maintenance of local transportation and infrastructure projects.
•Support legislation that promotes pay-as-you-go financing for capital projects by
authorizing a dedicated property tax rate that is classified similarly to the debt service
tax rate in property tax rate calculations.
DEVELOPMENT
•Support legislation that seeks to repeal, or makes beneficial amendments to, H.B.
2439 from the 86th legislative session (the building materials bill), now codified in
Chapter 3000 of the Texas Government Code.
•Support legislation that seeks to limit state intrusion in the land development process
by making beneficial amendments to H.B. 3167 regarding platting procedures (the 30-
day shot clock bill).
Resolution No. 2020-85, Page 3 Page 182
Item 16.
EXHIBIT “A”
• Oppose legislation that preempts municipal authority related to land use and zoning,
local amendments to building codes, local building permit fees, tree preservation,
short-term rentals, and eminent domain.
PUBLIC SAFETY
• Support legislation and measures that strengthen the integrity, effectiveness, and
transparency of local law enforcement, and oppose any measures that weaken the
same.
• Support legislation that preserves qualified immunity for public safety personnel acting
within the bounds of departmental policies and procedures in the performance of their
official duties.
• Support legislation that clarifies the roles of state, county and municipal governments
in emergency management, and their respective authority, powers, and duties during
a local state of disaster.
ECONOMIC DEVELOPMENT
• Support legislation that preserves all economic development programs and tools
currently available under state law.
• Support legislation and programs that retain and attract new and existing businesses.
• Support legislation that promotes new and innovative financing tools that would
leverage state funds to create jobs.
• Support legislation that would maintain funding for grants and programs that improve
workforce training.
FINANCIAL STRENGTH
• Support legislation that would preserve the Town’s use of certificates of obligation
(COs) to fund necessary capital projects, and for the debt from COs to continue to be
funded from the Town’s interest and sinking (I&S) tax rate.
• Support legislation that preserves the Town’s ability to control, manage, and collect
reasonable compensation for the use of municipal rights-of-way.
• Oppose legislation that imposes further revenue caps or tax caps that restrict the
Town’s capacity to generate the revenue needed to provide the high level of municipal
services expected by Town of Prosper residents.
SMART CITIES/BROADBAND ACCESS
• Support legislation that removes barriers that restrict the provision of broadband
service as a utility.
• Support legislation to incentivize and recognize the importance of smart cities and the
application of technology solutions through grants, awards, and other means.
• Support legislation that develops plans and resources needed for greater broadband
connectivity to enhance public access to education, healthcare, employment,
information, and services.
WATER RESOURCES
Resolution No. 2020-85, Page 4 Page 183
Item 16.
EXHIBIT “A”
• Support legislation that provides ample funding for developing affordable and reliable
water resources across North Texas.
• Support legislation that provides funding for the construction, maintenance, and
rehabilitation of new and aging water utility infrastructure.
RECREATIONAL AND CULTURAL RESOURCES
• Support amendments to the hotel occupancy tax statute that expand the use of hotel
occupancy tax revenue for the construction or expansion of municipal parks, trails, and
facilities to promote tourism within the Town.
• Support legislation that directly benefits public library services that support workforce,
cultural, and educational programs.
OPEN GOVERNMENT
• Support legislation that simplifies the budget and tax rate notification and adoption
process with the goal of improving transparency.
• Support legislation that would allow required legal notices to be published on the Town
website rather than requiring publication in an official newspaper.
• Support legislation that enhances and makes permanent the beneficial amendments
made to the Texas Open Meetings Act to allow for the expanded use of teleconference
and videoconference technology in public meetings.
ELECTIONS
• Oppose legislation that eliminates the May or November uniform election dates.
• Oppose legislation that requires candidates for a Town office to declare party affiliation
in order to run for office.
LOCAL CONTROL
• Support legislation that preserves local control and the right of Prosper residents to
govern themselves, and to work with their municipal government to adopt and enforce
ordinances that address the health, safety, and welfare of the community.
• Support legislation that preserves local authority for property taxation and appraisal
decisions.
• Oppose legislation that limits or prohibits the Town’s current ability to use municipal
funds to communicate or advocate with legislators.
• Oppose legislation that creates unfunded mandates at the city and/or county level.
Resolution No. 2020-85, Page 5 Page 184
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October 22, 2021
Number 40
Third-Called Special Session Ends
Late Monday night, the House and Senate adjourned sine die concluding the third-called special
session. The legislature passed several bills on the governor’s call including new redistricting maps
for the Texas Senate, the Texas House of Representatives, the United States House of
Representatives, and the State Board of Education.
The legislature approved 3S.B.8 which appropriates the state’s federal COVID-19 relief funds
from the American Rescue Plan Act. A significant portion, $7.2 billion, is allocated to the state’s
unemployment compensation fund and over $500 million is dedicated to broadband infrastructure.
In a last-minute effort to provide tax relief to Texans, the legislature passed 3S.J.R. 2 increasing
the homestead exemption on school district property taxes from $25,000 to $40,000. The
constitutional amendment will go to voters in May 2022. City-related bills that passed during the
third-called special session can be found in “City-Related Bills Passed” article, below.
Late items added to the call – a prohibition on COVID-19 vaccine mandates and increased
penalties for illegal voting – did not make it through the process. It is important to note that while
legislation prohibiting vaccine mandates stalled in the legislature, the governor’s Executive Order
No. GA-40, which provides that no entity can compel an individual to receive a COVID-19
vaccine, remains in effect.
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Reminder: PUC Filing Requirements for Affected Water
Utilities Due November 1, 2021
S.B. 3 created a requirement for affected utilities, which includes municipally owned water utilities
that serve more than one customer, to submit certain required information to: (1) the Public Utility
Commission (PUC); (2) each electric utility that provides transmission and distribution service to
the affected utility; (3) each retail electric provider that sells electric power to the affected utility;
(4) the office of emergency management of each county in which the utility has water and
wastewater facilities that qualify for critical load status under rules adopted by the PUC; and (5)
the division of emergency management of the governor. The required information an affected
utility must submit to those entities listed above is: (1) information identifying the location and
providing a general description of all water and wastewater facilities that qualify for critical load
status; and (2) emergency contact information for the affected utility, including: (a) the person who
will serve as a point of contact and the person’s telephone number; (b) the person who will serve
as an alternative point of contact and the person’s telephone number; and (c) the affected utility's
mailing address.
The PUC has created an information sheet with the filing requirements here. The deadline to
submit the required information is November 1, 2021.
City -Related Bills Passed
3S.B. 5 (Lucio/Patterson) – Unlawful Restraint of Dog: this bill, among other things: (1)
prohibits and creates an offense for the unlawful restraint of a dog; and (2) provides that the
prohibition in (1) does not preempt a local regulation relating to the restraint of a dog or affect the
authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the
restraint of a dog if the regulation, ordinance, or requirement: (a) is compatible with and equal to,
or more stringent than, the prohibition; or (b) relates to an issue not specifically addressed by the
prohibition. (Effective January 18, 2022.)
3S.B. 8 (Nelson/Bonnen) – Federal Coronavirus Relief Appropriation: makes supplemental
appropriations of roughly $13 billion received from the Coronavirus State Fiscal Recovery Fund
and Coronavirus Capital Projects Fund established under the American Rescue Plan Act of 2021
to include, among many other appropriations, the amount of $500,475,163 to the comptroller of
public accounts for the purpose of providing funding for broadband infrastructure. (Effective
immediately.)
TML member cities may use the material herein for any purpose. No other
person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the Texas Municipal League.
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September 3, 2021
Number 34
Bills Effective September 1
Hundreds of new Texas laws that passed the 87th Legislature went into effect on September 1,
including more than 200 city-related bills. Several require some city action. The League has
prepared articles (some including papers or Q&As) on city-related bills that went into effect
immediately upon passage, or on September 1. Links to those articles are listed below.
S.B. 2: Public Utility Commission and ERCOT Reform
S.B. 3: Utility Preparedness
S.B. 6: Pandemic-Related Liability Protections
S.B. 22: Workers’ Compensation “Disease Presumption” to Include COVID-19
S.B. 24: New Pre-Employment Screening Procedures for Law Enforcement Agencies
S.B. 157: Eminent Domain Reporting
S.B. 374: Contiguity of Roads for Annexation
S.B. 475: Regional Cybersecurity Working Groups
S.B. 877: Building Inspections
S.B. 968: Responding to Disasters
S.B. 1090: Building Materials, Revisited
S.B. 1359: Mental Health Leave for Police Officers
S.B. 1438: Property Tax Rate Calculation Following a Disaster
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H.B. 5: Statewide Broadband Office
H.B. 692: Public Works Contracts
H.B. 872: Utility Customer Information May Not Be Disclosed
H.B. 1082: Personal Information of Elected Officers Is Confidential
H.B. 1118: Mandated Cybersecurity Training
H.B. 1281: Golf Carts
H.B. 1475: Grounds for Zoning Variances Expanded
H.B. 1925: Statewide Public Camping Ban
H.B. 1927: Constitutional or Permitless Carry
H.B. 1929: ETJ Development Agreements
H.B. 2073: Paid Quarantine Leave for First Responders
H.B. 2404: Chapter 380 Agreement Reporting
H.B. 3853: Middle Mile Broadband Service
H.B. 4492: Financing for the Electric Market
All city-related bills that passed are summarized by category in the June 11 wrap-up edition of the
Legislative Update.
Additional Post-Session Update: “Constitutional” or “Permitless
Carry in Meetings”
City officials should be aware that some now argue that H.B. 1927, the so-called “constitutional”
or “permitless” carry bill that became law on September 1, 2021, no longer allows a city to prohibit
licensed carry during an open meeting. The bill, known formally as the “Firearm Carry Act of
2021,” authorizes most Texans over 21 years of age to carry a handgun in a concealed manner or
openly in a holster, without the requirement to first obtain a handgun license.
H.B. 1927 does not repeal licensed carry, and the argument heard by League staff relates to
licensed handgun carry in the room where a body subject to the Open Meetings Act is taking
place. For unlicensed carriers, this is an outright ban; for license holders only, the League
maintains that this is an optional prohibition. An unlicensed carrier is prohibited from carrying a
handgun into the room or rooms where a meeting of a governmental entity is held, if the meeting
is an open meeting subject to the Open Meetings Act, and if the entity provided notice as required
by the Open Meetings Act. A license holder isn’t prohibited from carrying into a meeting described
above, unless the entity provides notice that doing so is prohibited using a Penal Code 30.06 and/or
30.07 sign. Id. § 46.03(a)(14); 46.15(b)(6); 30.06; & 30.07.
Some now argue that the legislation allows license holders to carry into a local government’s
meeting by right. In other words, they argue that the local government no longer has the option to
provide notice that doing so is prohibited using a Penal Code 30.06 (concealed carry) and/or 30.07
(open carry) sign. That interpretation has not yet been tested through the attorney general’s
investigatory process, a formal attorney general opinion, or in court.
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For a full description of the new law, including a discussion of local government facilities where
carrying of a handgun is authorized or prohibited, city officials can access the Cities and Firearms
paper on the TML website, along with the cheat sheet version of the larger paper.
ERCOT Requests Order from PUC for Winter Storm Financing
The Electric Reliability Council of Texas (ERCOT) is requesting an order from the Public Utility
Commission (PUC) under H.B. 4492 for financing to address extraordinary costs incurred by
ERCOT and market participants because of Winter Storm Uri. The League previously reported on
H.B. 4492.
There is another proceeding before the PUC for entities to opt out of the financing order here.
Entities interested in participating in the proceedings should speak with their city attorney to
determine the best way to proceed.
TCEQ Sends Letter to Water Utilities for Preparedness Plan
If your city has a municipally owned water utility (MOU), the MOU probably received a letter
from the Texas Commission on Environmental Quality (TCEQ) informing the MOU it must adopt
an emergency preparedness plan (EPP) required by S.B. 3. The League previously reported on
S.B. 3.
S.B. 3 codified section 13.1394 of the Texas Water Code. It requires all water systems located
outside of Harris and Fort Bend Counties with residential customers or that provide overnight
accommodations at their facility to provide water service with a minimum of 20 psi during an
extended power outage lasting 24 hours or more.
TCEQ has created an Emergency Preparedness Plan Homepage that includes a template for MOUs
to use in developing their EPPs. MOUs have fourteen options in the form to ensure compliance
with the requirements of section 13.1394. An MOU must submit its EPP to TCEQ for review by
March 1, 2022 and implement the plan by July 1, 2022.
An MOU can apply for an extension of the deadlines and/or a waiver of the EPP requirement. An
MOU seeking a waiver of the EPP requirement should review the Emergency Preparedness Plan
Homepage as well as this TCEQ guidance on the waiver. Requesting a waiver will not extend the
deadline to submit an EPP.
Post-Session Update: Public Works Contracts
H.B. 692 became effective June 15, 2021. The bill addresses retainage used in contracts for public
works projects. “Retainage” is defined to mean the part of a public works contract payment
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withheld by a city to secure performance of the contract. The bill limits the amount of retainage
for certain public works projects and governs when retainage may be withheld and how it must be
handled in case of a dispute. A more detailed summary of the bill is available here. The League’s
Procurement Made Easy publication will soon be updated to reflect this and other purchasing bills.
Texas Joins $21 Billion Opioid Settlement
Attorney General Ken Paxton recently announced that Texas joined the $21 billion distributor
opioid settlement. Texas, along with a broad coalition of states and subdivisions, reached final
agreements with four companies to resolve legal claims for their role in the opioid crisis. One
agreement is with opioid manufacturer Johnson & Johnson. The other is with three major
pharmaceutical distributors: AmerisourceBergen, Cardinal Health, and McKesson. The settlement
includes up to $1.1 billion awarded to Texas and its political subdivisions, including cities.
Local governments need to join the settlement by January 2, 2022, in order to maximize the
benefits of the settlement. Funding received under the settlement will be used to support opioid
abatement strategies. More information, including the steps necessary to formally join the
settlement, can be found here.
Bills on the Move
2S.B.1 (Hughes), relating to election integrity and security. Sent to Governor.
2S.B. 8 (Bettencourt), relating to homestead exemptions. Sent to Governor.
City-Related Bills
Elections
2H.B. 235 (Burrows) – Charter Amendments: would require the ordinance ordering a charter
election to provide for the election to be held on the earlier of the first authorized uniform election
date prescribed by the Election Code, the date of the next municipal general election, or the date
of the next presidential general election.
2H.B. 241 (Klick) – Voting Systems: would, among other things, prohibit a voting system from
being used in an election unless the voting system requires a person seeking to vote by personal
appearance, before the person may access the ballot, to confirm that the person: (1) is a United
States citizen; (2) is a resident of the county in which the person seeks to vote; (3) has not been
determined by a final judgment of a court exercising probate jurisdiction to be partially or totally
mentally incapacitated; and (4) has not been finally convicted of a felony, or, if so convicted, has:
(a) fully discharged the person’s sentence, including any term of incarceration, parole, or
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supervision, or completed a period of probation ordered by any court; or (b) been pardoned or
otherwise released from the resulting disability to vote.
Personnel
2H.B. 243 (Cason) – Workers’ Compensation: would provide that an employee who suffers an
injury caused by an adverse reaction to a COVID-19 vaccine resulting in disability or death is
presumed to have suffered the injury during the course and scope of employment if the employee
was required to receive the vaccine as a condition of employment. (Companion is 2S.B. 96 by
Hall.)
2S.B. 96 (Hall) – Workers’ Compensation: would provide that an employee who suffers an
injury caused by an adverse reaction to a COVID-19 vaccine resulting in disability or death is
presumed to have suffered the injury during the course and scope of employment if the employee
was required to receive the vaccine as a condition of employment. (Companion is 2H.B. 243 by
Cason.)
Utilities and Environment
2H.B. 228 (Rosenthal) – Electricity Supply Chain: would, among other things, require: (1) the
Railroad Commission to adopt rules to require an operator of certain gas supply chain facilities to
provide to the RRC: (a) a summary report of a criticality analysis of the facility; (b) a plan to
mitigate risk factors identified in the criticality analysis; and (c) proof that the operator has
implemented the plan described by (1)(b) over a reasonable period, in a form satisfactory to the
RRC, which may be in the form of inspections or documents; (2) the Public Utility Commission
adopt rules to require a provider of electric generation service to provide to the PUC: (a) a summary
report of a criticality analysis of the provider’s generation assets; (b) a plan to mitigate risk factors
identified in the criticality analysis; and (c) proof that the provider has implemented the plan
described by (2)(b) over a reasonable period, in a form satisfactory to the PUC, which may be in
the form of inspections or documents; (3) the Public Utility Commission adopt rules to require
each electric cooperative, municipally owned utility, and transmission and distribution utility
providing transmission service in the ERCOT power region to provide to the PUC: (a) a summary
report of a criticality analysis of the cooperative’s or utility’s facilities; (b) a plan to mitigate risk
factors identified in the criticality analysis; and (c) proof that the cooperative or utility has
implemented the plan described by (3)(b) over a reasonable period, in a form satisfactory to the
PUC, which may be in the form of inspections or documents; and (4) the RRC to adopt rules to
require an operator of certain gas pipeline facilities to provide to the RRC: (a) a summary report
of a criticality analysis of the facility; (b) a plan to mitigate risk factors identified in the criticality
analysis; and (c) proof that the operator has implemented the plan described by (4)(b) over a
reasonable period, in a form satisfactory to the RRC, which may be in the form of inspections or
documents.
2H.B. 230 (Rosenthal) – Electricity: would provide that a transmission and distribution utility,
municipally owned utility, or electric cooperative that transmits or distributes power purchased at
wholesale in the ERCOT power region may construct, own, and operate facilities as necessary to:
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(1) access transmission service from outside of the ERCOT power region; and (2) purchase power
at wholesale from outside of the ERCOT power region.
COVID-19 Update (No. 201)
All pandemic-related updates continue to be found in the Legislative Update Newsletter.
Mask Mandate Update: Legal Battle Continues
Please see the last several COVID-19 Updates for a more complete background on the various
cases filed by cities and school districts related to mask mandates. While there has been judicial
action by the Texas Supreme Court, including a decision to stay a temporary injunction issued by
a Bexar County District Court, some movement has shifted to the Texas Legislature.
Recall that the Texas Legislature is in the midst of its second special session of the year, which
was called by Governor Abbott on August 7th. Procedurally, the legislature can only consider bills
which relate to the governor’s call. Last week, Governor Abbott added an additional item for
possible consideration by the legislature, which allows the legislature to consider whether any state
or local governmental entity can mandate a COVID-19 vaccine. The initial call contained some
room for consideration of mask mandates in schools, and a couple school-specific bills were filed.
H.B. 141 and H.B. 164 are still pending in committee and may never reach the floor. Bills have
also been filed to both mandate and prohibit the mandating of COVID-19 vaccines for students.
Again, these bills are school-specific, but any legislative movement on the COVID-19 front is
worth watching.
Additionally, some cities and city officials have received letters from local county or district
attorneys discussing or threatening criminal prosecution for violation of Governor Abbott’s
executive orders. Please consult your local attorney for guidance and assistance related to potential
criminal liability analysis.
Open Meetings Act Reminder
In March 2020, as Texans worked to mitigate the spread of COVID-19, Governor Abbott’s office
granted the attorney general’s request to suspend certain open-meeting statutes in an effort to
reduce in-person meetings that assemble large groups of people. These suspensions ended at 12:01
a.m. on September 1, 2021, and all provisions of the Open Meetings Act are, once again, effective.
Therefore, all Texas governmental bodies subject to the Open Meetings Act must conduct their
meetings in full compliance with the Open Meetings Act as written in state law.
In case you need a rules refresher, TML maintains a webpage of OMA-related information that
can be found here. Additionally, the Texas Attorney General has an Open Meetings Act training
page, which has a useful video overview of Texas open meetings requirements.
American Rescue Plan Act Funds
The state of Texas received the first tranche of ARPA funds from the U.S. Treasury, and TML is
hearing from cities that are beginning to receive the first half of their allotted ARPA/CLFRF funds.
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Keep in mind that “non-entitlement units of local government” (NEUs are generally cities under
50,000 population) must register with the Texas Division of Emergency Management (“TDEM”)
to receive ARPA funds. TDEM maintains its Coronavirus Local Fiscal Recovery Fund FAQ which
includes a link to the CLFRF Timeline Check-in document and step-by-step instructions on
registering your city with the TDEM Grant Management System. Cities serving a population over
50,000 need to apply for funding directly to the U.S. Treasury. Looking at the spreadsheet, it
appears that 51 cities have not applied for the funds. If your city has not yet registered but wants
to participate in the ARPA funding opportunities, register now. TDEM has also updated its CLFRF
page with allocation information, spreadsheets and maps that could be useful.
ARPA FAQs
The U.S. Treasury Department’s Coronavirus State and Local Fiscal Recovery Funds FAQ
contains a number of questions and answers related to eligibility for recovery funds and eligible
uses of recovery funds. The entire FAQ can be accessed here.
The National League of Cities also maintains an ARPA-related FAQ which can be found here.
Reminder: TML Coronavirus materials are archived by date here and by subject here.
TML member cities may use the material herein for any purpose. No other
person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the Texas Municipal League.
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July 30, 2021
Number 29
Stalemate Continues at Capitol
The Texas Legislature remains in a standstill after a majority of Texas House democrats left the
state for Washington, D.C. in an effort to break quorum over voting legislation. There have been
reports that some democrats have returned to Austin; however, their presence is not enough for a
quorum in the House. Under House rules, no business can be conducted during a lack of quorum
except to compel the attendance of absence members. The House democrats have stated they will
not return until after the first called special session ends on August 6.
The Senate has passed most items included on the governor’s call, but none can be considered in
the House due to the lack of quorum.
Broadband Legal Update: FCC and Federal and State Court
Proceedings
The League’s last general update on the status of various broadband actions affecting cities was in
March of this year. The switch in party control at the federal level typically leads to FCC
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appointees who tend to push back at industry attempts to preempt municipal right-of-way and other
authority related to cellular and broadband deployment.
That seems to be happening now after the President’s appointment of a new FCC chairwoman
early in 2021. However, federal courts have consistently ruled against cities base on appeals of
previously-adopted FCC orders in most of the following proceedings:
• Federal Small Cell Order Lawsuit: Early in 2019, the FCC issued its “Declaratory Ruling
and Third Report and Order” relating to state and local management of small cell wireless
infrastructure deployment. It preempts cities in many areas, but the most significant
provisions are: (1) “shot clocks” for small cell wireless facility siting review; (2) limits on
recurring fees for small cells in the rights-of-way, such as rights-of-way access fees, to a
“reasonable approximation” of the city’s “objectively reasonable costs” for maintaining
the rights-of-way or a structure within the rights-of-way; and (3) limits allowable local
aesthetic requirements, including minimum spacing requirements.
Shortly after the order became effective, a nationwide coalition of cities and state leagues,
including TML, filed a lawsuit to overturn it. In 2020, the U.S. Court of Appeals for the
Tenth Circuit denied the coalition’s motion to postpone implementation of the order while
the lawsuit advances.
After the case was transferred for procedural reasons, a three-judge panel of the Ninth
Circuit Court of Appeals issued its opinion in City of Portland v. the United States of
America/Federal Communications Commission. The opinion was a mixed bag for cities,
with most issues decided in favor of the cellular industry. The most important issue
involved the cap on right-of-way rental (a.k.a., “franchise”) fees for small cell
deployment. The panel upheld the provision limiting a city’s right-of-way fees to “an
amount needed to recover administrative costs.” After several intermediate steps, the
coalition appealed the federal order to the U.S. Supreme Court on March 22, 2021. On June
28, the Court rejected the appeal, making the appeals court decision final.
• FCC Cable In-Kind Order and Lawsuit: In 2018, the FCC released a “Second Further
Notice of Proposed Rulemaking” that will allow cable companies to deduct the fair market
value of a wide range of franchise obligations, including public, educational, and
governmental (PEG) channel capacity and other PEG-related franchise requirements, from
their existing franchise fee payments. If the FCC’s proposed new rules are adopted, cities
that operate PEG channels will see reductions in franchise fee payments from cable
operators.
The League is participating in another coalition of cities that filed comments on the
proposal, filed a motion for stay at the FCC, and filed a lawsuit in September of 2019 in
federal court to halt the implementation of the rules.
Following the President’s appointment of the new chair, the FCC asked the Sixth Circuit
court to delay oral argument in the case, which is scheduled for April 15, 2021, to allow
further review of the issue. The court rejected the request on March 19. On May 26, the
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Sixth Circuit issued its opinion in City of Eugene et al. v. Federal Communications
Commission. While the court upheld the FCC’s order concluding that a provider may
deduct in-kind obligations from its franchise fee payment, the court reversed the way in
which that amount is calculated in a way that could greatly lessen the financial impact on
some cities.
• FCC Collocation Petitions for Declaratory Ruling: In September 2019, the Wireless
Industry Association (WIA) and the Communications Technology Industry Association
(CTIA) filed petitions with the FCC to further limit local oversight of wireless towers and
pole attachments.
The FCC requested comments on the proposals and whether it should expand the scope of
an existing federal law (Section 6409 of the Middle-Class Tax Relief and Job Creation Act
of 2012) that already preempts certain municipal regulations relating to wireless towers. If
enacted, the proposals from WIA and CTIA would substantially limit the authority of local
governments to manage large wireless towers in their communities, as well as further
limiting the control that pole owners, such as municipal utilities, have over pole
attachments.
TML joined a coalition consisting of the National League of Cities, the Texas Coalition of
Cities for Utilities Issues, and several cities to file comments in opposition to the proposal.
The litigation was moving forward in the Ninth Circuit Court of Appeals, but the FCC also
requested an abeyance in this case to allow its staff more time to study the issue. In this
case, the court granted that request and stayed all proceedings until July 2021. However,
the FCC has asked for another 120 days, and the court will likely grant that request.
• State Court Franchise Fee Lawsuit: This lawsuit claims that small cell rental fees, and
the elimination of video franchise fees or telephone access line fees, violates the Texas
Constitution’s “donations” provisions.
In 2017, the City of McAllen and a coalition of around 40 cities sued the state to challenge
the unconstitutionally low right-of-way rental fees in S.B. 1004. That bill, passed during
the 2017 regular session, requires a city to allow access for cellular antennae and related
equipment (“small cell nodes”) in city rights-of-way, and it also entitles cell companies
and others to place equipment on city light poles, traffic poles, street signs, and other poles.
The bill gives cities limited authority over placement, and it caps a city’s right-of-way
rental fee at around $250 per small cell node. The artificially low price per node is a
taxpayer subsidy to the cellular industry because it allows nearly free use of taxpayer-
owned rights-of-way and facilities. The bill does precisely what the Texas Constitution
prohibits: It is an action by the legislature forcing cities to give away their valuable assets
to a private company. That lawsuit was recently amended to add a claim based on S.B.
1152, the “franchise fee elimination” bill passed in 2019. That bill, S.B. 1152 authorizes a
cable or phone company to stop paying the lesser of its state cable franchise or telephone
access line fees, whichever is less for the company statewide. Because it also requires an
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unconstitutional gift of use of cities’ rights of way, the pleadings in the small cell lawsuit
were amended to include that bill.
These bills, if left unchecked, could lead the way to the complete elimination of all
franchise fees in future sessions. That is why the lawsuit to prove that they are
unconstitutional, which is still pending in state district court, is so important to Texas cities.
The coalition filed a motion for summary judgment on June 2. The City of Houston, which
is not a coalition member, but which has intervened in the lawsuit, filed a similar motion.
League staff will continue to participate in these proceedings and report on future activity.
Post-Session Update: Response to Winter Storm Uri
After Winter Storm Uri in mid-February, the Texas Legislature shifted some of its focus to respond
to the electricity and water issues Texans experienced during the storm. In an effort to address
those issues, it passed a number of bills, including S.B. 2, S.B. 3, and H.B. 4492. All three of these
bills are effective immediately.
S.B. 2 – Public Utility Commission and ERCOT Reform
S.B. 2 requires the presiding officer of the Public Utility Commission (PUC) and all members of
the Electric Reliability Council of Texas (ERCOT) board to be residents of Texas. It replaces the
ERCOT board with political appointees and involves the PUC more closely in ERCOT’s
regulations. It also changes the members of the ERCOT board from mostly electric industry
members to members with executive-level experience in areas such as finance, business,
engineering, trading, risk management, law, or electric market design.
S.B. 3 – Utility Preparedness
S.B. 3 is the omnibus utility weatherization bill for certain electric, gas, and water utilities. Most
importantly, it requires electric generation facilities, electric transmission and distribution
facilities, and certain natural gas pipeline facilities and wells to implement measures to operate
during a weather emergency. The bill also: (1) creates an alert system to be activated when the
power supply in Texas may be inadequate to meet demand; (2) requires the Railroad Commission
(RRC) and the PUC to designate certain natural gas facilities as critical infrastructure during
energy emergencies so the electricity generators can still get fuel to produce power; and (3)
establishes the Texas Energy Reliability Council to: (a) ensure that the energy and electric
industries in Texas meet high priority human needs and address critical infrastructure concerns;
and (b) enhance coordination and communication in the energy and electric industries in Texas.
Except in Harris County or in a county with a population of 550,000 or more adjacent to Harris
County, the bill requires municipally owned water utilities to: (1) ensure the emergency operation
of its water system during an extended power outage at a minimum water pressure of 20 pounds
per square inch, or at a water pressure level approved by the Texas Commission on Environmental
Quality (TCEQ), as soon as safe and practicable following the occurrence of a natural disaster;
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and (2) by March 1, 2022, adopt and submit to TCEQ for its approval: (a) an emergency
preparedness plan that demonstrates the utility’s ability to provide the emergency operations
described by (2); and (b) a timeline for implementing the plan. Cities with a municipally owned
water utility should take a look at the bill to ensure they comply with the requirements.
Even though the bill has an immediate effective date, it requires TCEQ, the RRC, and the PUC to
adopt rules to implement most of its provisions. These agencies will need time to adopt their rules,
so many of the provisions of the bill won’t actually be in operation until sometime in the future.
H.B. 4492 – Financing for the Electric Market
H.B. 4492 provides two financing mechanisms to address extraordinary costs incurred by ERCOT
and market participants because of Winter Storm Uri. The first mechanism utilizes an $800 million
dollar loan from the state’s rainy day fund to address the non-payments of market participants.
This allows ERCOT to “clear the market” by using these funds to pay the market participants that
ERCOT owes. The loan to ERCOT will be paid by the assessment of a charge to remaining market
participants which will eventually be paid by their customers over a period of time not to exceed
30 years. The second financing mechanism addresses the ancillary charges that were assessed to
certain market participants during the storm. It allows market participants who choose to
participate to utilize securitization financing to spread their cost over a period of time not to exceed
30 years in order to lessen the immediate impact on customers. This mechanism is also backed by
a customer charge and it includes a provision that benefits received by a provider will be passed
along to any customer who has paid for the assessment. This fund is capped at $2.1 billion.
Post-Session Update: Statewide Broadband Office
H.B. 5 was signed by the governor on June 15, 2021 and is effective immediately. This bill
establishes a State Broadband Development Office (SBDO) within the Comptroller's office and
requires the SBDO, in developing a statewide broadband plan, to consult with political
subdivisions to explore state and regional approaches to broadband deployment.
The bill would also:
1. require the governor’s broadband development council to: (a) research and monitor the
progress of: (i) deployment of broadband statewide; (ii) purchase of broadband by
residential and commercial customers; and (iii) patterns and discrepancies in access to
broadband; and (b) study industry and technology trends in broadband and the detrimental
impact of pornographic or other obscene materials on residents of this state and the
feasibility of limiting access to those materials;
2. for purposes of the broadband development office, defines “broadband service” as internet
service with the capability of providing: (a) a download speed of 25 megabits per second
or faster; and (b) an upload speed of three megabits per second or faster;
3. authorizes the comptroller by rule to adjust the threshold speeds for broadband services
defined in Number 3, above, if the Federal Communications Commission adopts upload or
download threshold speeds for advanced telecommunications capability that are different
from those listed in Number 2, above;
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4. requires the broadband development office to: (a) serve as a resource for information
regarding broadband service and digital connectivity in the state; (b) engage in outreach to
communities regarding the expansion, adoption, affordability, and use of broadband
service and the programs administered by the office; and (c) serve as an information
clearinghouse in relation to federal programs providing assistance to local entities with
respect to broadband service and addressing barriers to digital connectivity;
5. requires the broadband development office to create, update annually, and publish on the
comptroller’s website a map classifying each designated area in the state as: (a) an eligible
area, if fewer than 80 percent of the addresses in the designated area have access to
broadband service and the federal government has not awarded funding under a
competitive process to support the deployment of broadband service in the designated area;
or (b) an ineligible area, if 80 percent or more of the addresses in the designated area have
access to broadband service or the federal government has awarded funding under a
competitive process to support the deployment of broadband service to addresses in the
designated area;
6. requires the map described in Number 5, above, to display: (a) the number of broadband
service providers that serve each designated area; (b) for each eligible area, an indication
of whether the area has access to Internet service that is not broadband service, regardless
of the technology used to provide the service; and (c) each public school in the state and
an indication of whether the area has access to broadband service;
7. provides that if information available from the Federal Communications Commission is
not sufficient for the broadband development office to create or update the map, the office
may request the necessary information from a political subdivision or broadband service
provider, and the subdivision or provider may report the information to the office;
8. establishes a petition process, under which a political subdivision or broadband service
provider may petition the broadband development office to reclassify a designated area on
the map as an eligible area or ineligible area;
9. requires the broadband development office to establish a program to award grants, low-
interest loans, and other financial incentives to applicants for the purpose of expanding
access to, and adoption of, broadband service in designated areas determined to be eligible
areas;
10. requires the broadband development office to establish and publish eligibility criteria for
award recipients under Number 9, above;
11. provides that the broadband development office may not award a grant, loan, or other
financial incentive to a noncommercial provider of broadband service for an eligible area
if a commercial provider of broadband service has submitted an application for the eligible
area;
12. provides that an award granted under the broadband development program does not affect
distributions received by a broadband provider from the state universal service fund;
13. requires the broadband development office to prepare, update, and publish on the
comptroller’s Internet website a state broadband plan that establishes long-term goals for
greater access to and adoption, affordability, and use of broadband service in Texas;
14. establishes the broadband development account in the state’s general revenue fund
consisting of: (a) appropriations of money to the account by the legislature; (b) gifts,
donations, and grants, including federal grants; and (c) interest earned on the investment
of the money in the account; and
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15. establishes the broadband development office board of advisors to provide guidance to the
broadband development office regarding the expansion, adoption, affordability, and use of
broadband service and the programs administered by the office.
The SBDO is required to establish and annually update a map that designates the eligibility of each
census block. The bill requires the SBDO to develop a state broadband plan by September 1,
2022, and the map will need to be published by the SBDO on its website by January 1, 2023.
Post-Session Update: Middle Mile Broadband Service
H.B. 3853, signed by the governor on June 15, 2021 and effective immediately, allows an electric
utility to provide broadband facilities for Internet Service Providers to use and provide broadband
services to end-use customers. This process would require an electric utility that plans to deploy
middle mile broadband to submit a detailed written plan to the Public Utility Commission (PUC).
The PUC would be required to approve, modify, or reject a plan no later than 181 days from the
date the plan is submitted.
This bill also: (1) authorizes certain electric utilities, not including a municipally owned utility, to
own, construct, maintain, and operate fiber optic cables and other facilities for providing middle
mile broadband service in unserved and underserved areas; (2) provides that if a city is already
collecting a charge or fee from the electric utility for the use of the public rights-of-way for the
delivery of electricity to retail electric customers, the city may not require a franchise, an
amendment to a franchise, or an additional charge, fee, or tax from the electric utility for the use
of the public rights-of-way for middle mile broadband service; and (3) provides that if a city or
local government is not already collecting a charge or fee from the electric utility for the use of the
public rights-of-way, the city may impose a charge on the provision of middle mile broadband
service, but the charge may not be greater than the lowest charge that the city or local government
imposes on other providers of broadband service for use of the public rights-of-way in its
jurisdiction.
City-Related Bills
Property Tax
1H.B. 300 (Middleton) – Homestead Exemption: would increase the maximum percentage of a
local option homestead exemption from 20 percent of the appraised value of an individual’s
residence homestead to 100 percent of an individual’s residence homestead. (See 1H.J.R. 28,
below.)
1H.J.R. 28 (Middleton) – Property Tax Exemption: would amend the Texas Constitution to
authorize the governing body of a political subdivision to exempt up to 100 percent of the market
value of a residence homestead. (See 1H.B. 300, above.)
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Community and Economic Development
1H.B. 297 (Oliverson) – Land Development Applications: would provide that, unless
specifically authorized by state law, a municipal planning commission or the governing body of
the municipality may not: (1) require a person to fulfill any prerequisites or conditions or obtain
any approvals before the person files a copy of a plan or plat with the municipal planning
commission or governing body; (2) delay the starting date for calculating any applicable timeframe
to approve or disapprove a plan or plat by not considering the date the plan or plat was filed as the
starting date; or (3) refuse to accept, acknowledge, process, or act on a filed copy of the plan or
plat. (Companion bill is 1S.B. 75 by Hughes.)
Elections
1.H.B. 295 (Noble) – Cancelled Ballots by Mail: would, among other things: (1) provide that a
person: (a) may cancel an application to vote by mail by returning the person’s ballot and then
voting by personal appearance; or (b) whose ballot is cancelled in any other manner may cast a
provisional ballot; (2) require the early voting clerk and presiding election judge to keep a log of
returned ballots and provide a copy of the list to the early voting ballot board to ensure that the
cancelled ballot is not counted in the election; and (3) require the election officer to electronically
submit a record to the secretary of state of each application canceled in a primary, a runoff primary,
a general election, or any special election ordered by the governor on the day the application is
canceled.
1H.B. 299 (Noble) – Early Voting by Mail: would: (1) require that the following be signed using
ink on paper: (a) an application for an early voting ballot to be voted by mail by the applicant; (b)
certificate on the official carrier return envelope by the applicant; and (c) carrier envelope by a
person, other than the voter, who assists a voter by: (i) depositing the carrier envelope in the mail
with a common or contract carrier; or (ii) who obtains the carrier envelope for that purpose; and
(2) provide that an electronic signature or photocopied signature is not permitted for any document
referenced in (1).
1H.B. 301 (Noble) – Ballot by Mail: would require: (1) the early voting clerk to deliver to the
early voting ballot board: (a) copies of the applications for ballots to be voted by mail for each
ballot voted by mail received; and (b) copies of the voter's signature from the voter's application
for voter registration; (2) before reviewing a carrier envelope certificate, the early voting ballot
board to review each application for a ballot to be voted by mail that correlates with the carrier
envelope to determine if the signature on the ballot application was executed by a person other
than the voter, unless the application was signed by a witness; (3) the early voting clerk to make
available for review signatures for each applicant for a ballot to be voted by mail from the previous
six years; and (4) the early voting clerk to have software available to display all electronically
available signatures together.
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COVID-19 Update (No. 196)
All pandemic-related updates, including information about the American Rescue Plan’s city-
related provisions, will be in the Legislative Update Newsletter from now on.
• Governor’s Order GA-38 Related to Mask Mandates and Vaccine Passports: On July
29, the governor issued Executive Order GA-38, which basically restates previously-
ordered limitations on local governments’ and certain business owners’ ability to require
proof of COVID-19 vaccines, as well as restating previous limitations on local
governments’ ability to require face-coverings. The portions of this Order related to
vaccines and “vaccine passports” mirror Executive Order GA-35 from April, and the
portions of this Order related to face coverings mirror Executive Order GA-36 issued in
May. Details are below:
o Mask Mandates: Under this order, no governmental entity or governmental official
may require any person to wear a face covering. No local governmental entity or
official may limit business activities, or legal proceedings for COVID-19-related
reasons. Any limitations imposed by a local government or official could be subject
to a fine up to $1,000. Exempt from this portion of the order are state-supported
living centers, government-owned or operated hospitals, Texas Department of
Criminal Justice facilities, Texas Juvenile Justice Department facilities, and county
and municipal jails.
o COVID-19 Vaccines: No governmental entity can compel any individual to receive
a COVID-19 vaccine, and no political subdivision shall adopt any order, ordinance,
policy, regulation, rule or similar measure that requires an individual to provide
documentation regarding that individual’s COVID-19 vaccination status as a
condition to receiving any service or entering any place. Any public or private
entity that is receiving or will receive public funds through any means, shall not
require a consumer to provide documentation regarding their COVID-19
vaccination status as a condition of receiving any service or entering any place.
Exempt from this portion of the order are nursing homes, state supported living
centers, assisted living facilities, and long-term care facilities.
Additionally, this Order contains requirements for any entity conducting COVID-19 tests
to report results to the Department of State Health Services and for all hospitals to report
their available bed capacity to DSHS as well.
League attorneys interpret the order (like the previous orders) to prohibit a city from
requiring: (1) citizens to wear masks anywhere, including on city property; and (2) its
employees to wear masks or be vaccinated, unless they fall under a stated exception. As
always, each city should consult local legal counsel on these issues.
• American Rescue Plan Act Funds DEADLINE APPROACHING: August 2, 2021 is a
state deadline for “non-entitlement units of local government” (NEUs are generally cities
under 50,000 population) to register with the Texas Division Emergency Management to
receive ARPA funds. TDEM updated its Coronavirus Local Fiscal Recovery Fund FAQ.
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NEUs should pay special attention to Question 13: How does my NEU receive funding?
The answer includes a link to the CLFRF Timeline Check-in document with step-by-step
instructions on registering your city with the TDEM Grant Management System, which is
a critical step to receiving funds.
Registration with the TDEM GMS and completion of the TDEM Timeline steps must
be completed by August 2, 2021 to receive this funding.
• CDC Updated Health Precautions: Given the sharp rise in COVID-19 cases due to the
Delta-variant of the virus, on July 27, 2021, the Centers for Disease Control and Prevention
(CDC_ updated their guidance related to health precautions for fully-vaccinated
individuals. To reduce the risk of being infected with the Delta variant and possibly
spreading it to others, the CDC recommends wearing a mask indoors in public if the
individual is in an area of substantial or high transmission, even if the person is fully-
vaccinated.
The CDC recommendations for unvaccinated individuals remains substantially unchanged,
including recommendations to get vaccinated, maintain physical distance from others, wear
masks, and avoid crowds.
• Counties Across Texas Seeing Rise in COVID-19 Threat Levels: Over the last few
weeks, the counties of Harris, Dallas, Bexar, Tarrant, Travis, El Paso, Nueces, Williamson,
and many more have all moved back into “very high,” “high,” “extreme,” or “significant”
COVID-19 threat levels.
• Emergency Orders Issued by Texas Supreme Court: On July 19, 2021, the Supreme
Court of Texas issued Emergency Order 39 and Emergency Order 40.
Emergency Order 39 renews the Texas Eviction Diversion Program for tenants and
landlords under a statewide rental assistance program intended to avoid evictions for
tenants behind on rent. The order allows an eviction proceeding to be abated by agreement
for 60 days, requires courts (including county courts hearing trials de novo on appeal from
a justice court) to provide tenants with information about the program, and makes court
records for participants confidential while eviction cases are delayed. The order also
outlines procedure for reinstating evictions. Without such reinstatement, eviction cases will
be subject to dismissal.
Emergency Order 40 permits courts to modify or suspend deadlines and procedures
through October 1, 2021; permits courts to continue to use reasonable efforts to hold
proceedings remotely; permits all courts to hold in-person proceedings, including jury
trials; encourages the adoption of minimum standard health protocols and an in-person
schedule; terminates locally adopted plans and minimum standard health protocols unless
readopted by local officials on or before September 1, 2021; and permits courts to hold
virtual jury proceedings in certain cases with technology provided to certain prospective
jurors.
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• Open Meetings Act Reminder: In March 2020, as Texans worked to mitigate the spread
of COVID-19, Governor Abbott’s office granted the attorney general’s request to suspend
certain open-meeting statutes. The temporary suspension allows, among other things, for
telephonic or videoconference meetings of governmental bodies that are accessible to the
public in an effort to reduce in-person meetings that assemble large groups of people.
On June 30, 2021, the governor’s office approved a request by the attorney general to lift
those suspensions. The suspensions will lift at 12:01 a.m. on September 1, 2021. Thus, as
of September 1, 2021, all provisions of the Open Meetings Act will be effective and all
Texas governmental bodies subject to the Open Meetings Act must conduct their meetings
in full compliance with the Open Meetings Act as written in state law.
This could change, given the rising numbers of COVID-19 cases across the state, but as of
now, plan for the September 1 expiration.
• No ARPA Funds Received by Texas: On July 26, 2021, the U.S. Treasury updated its
“Status of Payments to States for Distribution to Non-Entitlement Units of Local
Government” chart reflecting payments made to states under the American Rescue Plan
Act for distribution to non-entitlement units of local government. A non-entitlement unit
of local government is typically a city or town which serves fewer than 50,000 people, and
their portions of the ARPA funds are sent to the state and should be distributed by the state
to the individual cities within 30 days of receipt. Texas remains one of only 7 states to have
received no funding through the ARPA. Whether the Governor has made the required
application to the Treasury Department is unclear. The complete chart, updated weekly,
can be found here.
• ARPA FAQs: The U.S. Treasury Department’s Coronavirus State and Local Fiscal
Recovery Funds FAQ contains a number of questions and answers related to eligibility for
recovery funds and eligible uses of recovery funds. The entire FAQ can be accessed here.
The National League of Cities also maintains an ARPA-related FAQ which can be found
here.
Reminder: TML Coronavirus materials are archived by date here and by subject here.
TML member cities may use the material herein for any purpose. No other
person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the Texas Municipal League.
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June 11, 2021
Number 22
Eighty-Seventh Legislature Adjourns:
Cities Retain Their Voice
A legislative session that got its start during two major disasters—the Coronavirus Pandemic and
Winter Storm Uri—ended just as unusually, with House members leaving the building on the
penultimate day to break a quorum on a bill they disliked.
In between, important legislation was passed, much of it beneficial for Texas cities. One bill that
passed, H.B. 5, will speed the expansion of broadband to underserved communities by creating a
new Broadband Development Office to be overseen by the comptroller. Assisting the expansion
of broadband—as H.B. 5 does—was a TML priority.
Subject Index for City-Related Bill Summaries
Property Tax ..................................................... 3
Public Safety ..................................................... 8
Sales Tax ......................................................... 24
Community and Economic Development ....... 25
Elections ......................................................... 34
Emergency Management ................................ 37
Municipal Courts ............................................ 40
Open Government ........................................... 42
Other Finance and Administration .................. 43
Personnel ......................................................... 58
Purchasing ....................................................... 62
Transportation ................................................. 66
Utilities and Environment ............................... 68
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Another TML priority was supporting legislation that hardens the electric grid in the wake of Uri.
Several grid-related bills were passed, including S.B. 3, to try to prevent future electric disasters.
Good annexation legislation passed, as well. S.B. 374, corrects unintended consequences related
to annexing roads that was caused by legislation passed in 2017 and 2019.
Many bills that would have harmed city authority either failed to pass or passed in negotiated form
that cities can live with, including the following:
• A community censorship bill that would have prevented cities from hiring advocates or
joining associations that advocate for their issues at the Capitol.
• A debt bill that, in its early form, would have prevented the issuance of most certificates
of obligation for infrastructure projects by requiring they be paid from the maintenance and
operations side of the property tax rate.
• A bill that would have harmfully expanded the application of calendar “shot clocks” in the
building permitting and land development fields.
• A “super preemption” bill that would have prevented many city regulations from applying
to any state license holder.
• Legislation requiring paid sick and injury leave for first responders that was duplicative of
already existing workers compensation laws.
• A bill that would have prevented cities from regulating backyard agricultural practices.
There were many more harmful bills that ended up on the “cutting room floor”, as it were, or were
negotiated by the League and its cities into an acceptable format.
Not all restrictive bills were defeated, however, and all of the ones that passed will be summarized
in detail later in this edition of the Update. Included among those that passed are a bill preventing
police “defunding” in certain large cities, legislation waiving governmental immunity for
development agreements, and a bill limiting the scope of the disaster exception under last session’s
revenue cap bill.
On balance, it was a positive session for Texas cities as they emerge from two unprecedented
disasters. City leaders had a “seat at the table” on important legislation and constructive
communication between city officials and legislators was critical in fighting back some of the most
problematic legislation. There will be a special session later in 2021 to address legislative
redistricting, in addition to other unfinished business from the regular session, during which any
of the harmful ideas mentioned above could be revived. We will be ready.
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City-Related Bills
The following sections contain summaries of the 249 city-related bills passed by the Eighty-
Seventh Legislature. The governor has until June 20 to sign bills, veto them, or let them become
law without his signature. The effective date of each bill is noted in a parenthetical following each
bill described below. Some of the bills will become effective as soon as they are signed (e.g.,
“effective immediately”), others (unless vetoed) will become effective on September 1, and a few
have special effective dates.
Future issues of the TML Legislative Update or Texas Town & City magazine will provide
additional details on some of the bills described here, may include summaries of “straggler” bills
that for various reasons were not summarized at the time of printing, and will provide other updates
as appropriate.
The link for each bill leads to its “landing page” on the Texas Legislature Online website. To read
the final version, click on the “text” tab and click on the “enrolled” version on that screen.
Property Tax
H.B. 988 (Shine/Hancock) – Property Tax Appraisal: this bill, among other things: (1) provides
that a member of the governing body, officer, or employee of a taxing unit commits a Class A
misdemeanor if the person directly or indirectly communicates with the chief appraiser or another
employee of the appraisal district in which the taxing unit participates for the purpose of
influencing the value at which property in the district is appraised, unless the person owns or leases
the property that is the subject of the communication; (2) authorizes the governing body of a taxing
unit, any part of which is located in an area designated a disaster area on or after January 1, 2020,
to take official action to extend the date by which goods-in-transit must be transported to another
location in the state or outside the state to a date not later than the 270th day after the date the
person acquired the property in or imported the property into the state for the purposes of the
goods-in-transit property tax exemption; and (3) provides that the authority described in (2), above,
expires on December 31, 2025. (Summarized provisions are effective January 1, 2022, certain
other provisions in the bill are effective immediately.)
H.B. 1090 (Bailes/Nichols) – Property Tax Appraisal: provides that, if the chief appraiser
discovers that real property was omitted from an appraisal roll in one of the three preceding tax
years, the chief appraiser shall appraise the property as of January 1 of each tax year that it was
omitted and enter the property and its appraised value in the appraisal records. (Effective
September 1, 2021.)
H.B. 1197 (Metcalf/Campbell) – Property Tax Exemption: extends from six years to ten years
the amount of time that a tract of land that is contiguous to the tract of land on which a religious
organization’s place of regular religious worship is located may be exempted from property taxes
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when the religious organization is expanding or constructing a new place of religious worship.
(Effective January 1, 2022.)
H.B. 1869 (Burrows/Bettencourt) – Debt Financing: modifies the definition of “debt” for
purposes of the debt service property tax rate calculation to only include debt that meets one of the
following requirements: (1) has been approved at an election; (2) includes self-supporting debt;
(3) evidences a loan under a state or federal financial assistance program; (4) is issued for
“designated infrastructure”, which means infrastructure, including a facility, equipment, rights-of-
way, or land, for the following purposes: (a) streets, roads, highways, bridges, sidewalks, parks,
landfills, parking structures, or airports; (b) telecommunications, wireless communications,
information technology systems, applications, hardware, or software; (c) cybersecurity; (d) as part
of any utility system, water supply project, water plant, wastewater plant, water and wastewater
distribution or conveyance facility, wharf, dock, or flood control and drainage project; (e) police
stations, fire stations, or other public safety facilities, jails, juvenile detention facilities, or judicial
facilities, and any facilities that are physically attached to these facilities; (f) as part of any school
district; or (g) as part of any hospital district that includes a teaching hospital; (5) is a refunding
bond; (6) is issued in response to an emergency related to a hurricane or tropical storm; (7) is
issued for renovating, improving, or equipping existing buildings or facilities; (8) is issued for
vehicles or equipment; or (9) is issued for a tax increment reinvestment zone or a transportation
reinvestment zone. (Effective September 1, 2021.)
H.B. 2429 (Meyer/Bettencourt) – Property Tax Rate Notice: this bill, for a city with a
population of less than 30,000 that is not required to hold a tax rate election and for which the
qualified voters may not petition to hold an election, establishes alternate provisions for notice of
the property tax rate when the de minimis tax rate of the city exceeds the voter-approval tax rate.
(Effective immediately.)
H.B. 2535 (Sanford/Perry) – Property Tax Appraisal: provides that, in determining the market
value of real property, the chief appraiser shall analyze the effect on that value of, and exclude
from that value the value of, any chicken coops or rabbit pens used for the noncommercial
production of food for personal consumption. (Effective January 1, 2022.)
H.B. 2723 (Meyer/Bettencourt) – Tax Rate Notice: requires: (1) the Department of Information
Resources to develop and maintain an easily accessible Internet website that lists each property
tax database and includes a method to assist a property owner in identifying the appropriate
property tax database for the owner’s property; and (2) certain existing property tax rate notices to
contain a statement encouraging taxpayers to visit a website collecting property tax database
information to read as follows: “Visit Texas.gov/PropertyTaxes to find a link to your local property
tax database on which you can easily access information regarding your property taxes, including
information about proposed tax rates and scheduled public hearings of each entity that taxes your
property.” (Effective immediately, but changes made by the bill apply only to a notice required to
be delivered for a property tax year beginning on or after January 1, 2021.)
H.B. 3610 (Gervin-Hawkins/Springer) – Property Tax Exemption: this bill, among other
things: (1) exempts property owned by an open-enrollment charter school from property taxes; and
(2) exempts the portion of real property that is leased to an independent school district, community
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college district, or open-enrollment charter school from property taxes if the portion of the real
property that is leased to the public school is: (a) used exclusively by the public school for the
operation or administration of the school or the performance of other educational functions of the
school; and (b) reasonably necessary for a purpose under (a) as found by the school’s governing
body. (Effective September 1, 2021.)
H.B. 3629 (Bonnen/Taylor) – Property Tax Deferral: this bill, among other things, provides
that a taxing unit may not file suit to collect delinquent taxes on the residence homestead of an
elderly or disabled person or disabled veteran, and the property may not be sold at a sale to
foreclose the lien, until the 181st day after the date the collector for the taxing unit delivers a notice
of delinquency of the taxes following the date the individual no longer owns and occupies the
property as a residence homestead. (Effective September 1, 2021.)
H.B. 3833 (P. King/Hancock) – Property Tax Appraisal: this bill, among other things: (1)
modifies the appraisal of certain nonexempt property used for low-income or moderate-income
housing if the property in question is under construction or has not reached stabilized occupancy
on January 1 of the tax year in which the property is appraised; (2) eliminates the requirement for
a property owner to pay interest along with an additional tax imposed on certain agriculture land
and timber land if a change in the use of the land occurs; and (3) provides that, if land appraised
as recreational, park, scenic land, or public access airport property is diverted to another use, an
additional tax is imposed on the land equal to the difference between the taxes imposed on the land
for each of the previous three years and interest is eliminated. (Effective immediately.)
H.B. 3971 (Meyer/West) – Appraisal of Property in Historic District: provides that when
determining the market value of residential real property located in an area that is zoned or
otherwise designated as a historic district under city, state, or federal law, the chief appraiser shall
consider the effect on the property’s value of any restriction placed by the historic district on the
property owner’s ability to alter, improve, or repair the property. (Effective January 1, 2022.)
S.B. 63 (Nelson/Meyer) – Appraisal Process: makes several changes to the property tax appraisal
process, including: (1) imposing term limits on appraisal district board of directors members for
appraisal districts established in a county with a population of 120,000 or more; (2) prohibiting
certain former employees of an appraisal district from later serving on an appraisal district board
of directors; (3) prohibiting certain former members of the appraisal review board from serving as
an employee of the appraisal district; (4) providing that a person is entitled to an exemption from
property taxation of the appraised value of a solar or wind-powered energy device owned by the
person that is installed or constructed on real property and is primarily for production and
distribution of energy for on-site use, regardless of whether the person owns the real property on
which the device is installed or constructed; (5) imposing a 90-day and 30-day time limit on various
determinations that a chief appraiser can make on certain exemptions and other appraisal
applications; and (6) limiting the ability of a chief appraiser to offer evidence at certain protest and
appraisal hearings in support of modifying or denying an application. (Effective September 1,
2021.)
S.B. 611 (Campbell/Lopez) – Property Tax Exemption: this bill: (1) exempts from property
taxes the residence homestead of the surviving spouse of a member of the armed services who is
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fatally injured in the line of duty; (2) except as provided by (3), below, requires a chief appraiser
to accept and approve or deny an application for a residence homestead exemption after the
deadline for filing it has passed if it is filed not later than two years after the delinquency date for
taxes on the homestead; and (3) requires a chief appraiser to accept and approve or deny an
application for a homestead exemption for a partially or totally disabled veteran after the deadline
for filing it has passed if it is filed not later than five years after the delinquency date for the taxes
on the property. (Effective January 1, 2022, but only if S.J.R. 35 is approved at the election on
November 2, 2021.)
S.B. 742 (Birdwell/Anderson) – Installment Payments in Disaster or Emergency Area:
provides that, for certain property owned or leased by a business entity in a disaster or emergency
area that has not been damaged as a result of a disaster or emergency, the governing body of a
taxing unit may authorize a person to pay the taxing unit’s property taxes in four equal installments
without penalty or interest if the first installment is paid before the delinquency date and is
accompanied by notice to the taxing unit that the person will pay the remaining taxes in three equal
installments. (Effective immediately.)
S.B. 794 (Campbell/Meyer) – Disabled Veteran Property Tax Exemption: modifies the
eligibility for a homestead property tax exemption for a totally disabled veteran to a disabled
veteran who “has been awarded by” the United States Department of Veterans Affairs 100 percent
disability compensation, instead of a disabled veteran who “receives from” the United States
Department of Veterans Affairs 100 percent disability compensation. (Effective January 1, 2022.)
S.B. 1257 (Birdwell/Murphy) – Property Tax Abatement: requires a chief appraiser to include
in a tax abatement report submitted to the comptroller a list of the kind, number, and location of
all proposed improvements of the property in connection with each tax abatement agreement
within the district in the year following the year in which or an agreement is executed. (Effective
September 1, 2021.)
S.B. 1421 (Bettencourt/Thierry) – Property Tax Appraisal: this bill, among other things,
authorizes the appraisal review board, on the motion of the chief appraiser or of a property owner,
to direct by written order changes in the appraisal roll or related appraisal records under certain
circumstances for the current tax year and for either of the two preceding tax years to correct an
inaccuracy in the appraised value of the owner’s tangible personal property that is the result of an
error or omission in a rendition statement or property report filed for the applicable tax year.
(Effective September 1, 2021.)
S.B. 1427 (Bettencourt/Shine) – Property Tax Exemption: clarifies that the temporary property
tax exemption for a portion of the appraised value of property damaged by a disaster only applies
when there is physical damage to a property caused by a disaster. (Effective immediately.)
S.B. 1438 (Bettencourt/Meyer) – Tax Rate Calculation in Disaster Area: this bill, among other
things:
1. repeals existing law relating to the calculation of a tax rate in a disaster area;
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2. provides that the governing body of a taxing unit, other than a school district, may direct
the designated officer or employee to calculate the voter-approval tax rate of the taxing
unit in the manner provided for a special taxing unit (an eight percent voter-approval rate)
if any part of the taxing unit is located in an area declared a disaster area during the current
tax year by the governor or by the president of the United States and at least one person is
granted a temporary property tax exemption for a portion of the appraised value of property
damaged by a disaster;
3. requires the designated officer or emplo yee to continue calculating the voter-approval tax
rate in the manner provided by Number 2, above, until the earlier of: (a) the first tax year
in which the total taxable value of property taxable by the taxing unit as shown on the
appraisal roll for the taxing unit submitted by the assessor for the taxing unit to the
governing body exceeds the total taxable value of property taxable by the taxing unit on
January 1 of the tax year in which the disaster occurred; or (b) the third year after the tax
year in which the disaster occurred;
4. provides that in the first tax year following the last tax year for which the designated officer
or employee calculates the voter-approval tax rate under Number 2, above, the taxing unit’s
voter-approval tax rate is reduced by the taxing unit’s emergency revenue rate;
5. provides that when increased expenditure of money by a taxing unit other than a school
district is necessary to respond to a disaster, including a tornado, hurricane, flood, wildfire,
or other calamity, but not including a drought, epidemic, or pandemic, that has impacted
the taxing unit and the governor has declared any part of the area in which the taxing unit
is located as a disaster area, an election is not required to approve a tax rate exceeding the
voter-approval tax rate or de minimis tax rate, as applicable, for the year following the year
in which the disaster occurs;
6. provides that, if a taxing unit adopts a tax rate under Number 5, above, the amount by which
the rate exceeds the taxing unit’s voter-approval tax rate for that tax year may not be
considered when calculating the taxing unit’s voter-approval tax rate for the tax year
following the year in which the taxing unit adopts the rate;
7. requires a taxing unit that calculates the taxing unit’s voter-approval tax rate under Number
2, above, or adopts a tax rate that exceeds the taxing unit’s voter-approval tax rate for that
tax year without holding an election under Number 5, above, to specify the disaster
declaration that provides the basis for authorizing the taxing unit to calculate or adopt a tax
rate under the applicable statute;
8. provides that a taxing unit that in a tax year specifies a disaster declaration under Number
7, above, may not in a subsequent tax year specify the same disaster declaration as
providing the basis for authorizing the taxing unit to calculate or adopt a tax rate under the
disaster authority if, in an intervening year, the taxing unit specifies a different disaster
declaration as the basis for authorizing the taxing unit to calculate or adopt a tax rate; and
9. eliminates the ability of a local taxing unit to adopt the temporary exemption for qualified
property damaged by a disaster following the date the taxing unit adopts a tax rate, making
the property tax exemption mandatory regardless of when the disaster occurs.
(Effective immediately.)
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S.B. 1449 (Bettencourt/Murphy) – Property Tax Exemption: provides that a person is entitled
to a property tax exemption for tangible personal property with a taxable value of less than $2,500
and that is held or used for the production of income. (Effective January 1, 2022.)
S.J.R. 35 (Campbell/Lopez) – Property Tax Exemption: amends the Texas Constitution to
authorize the legislature to exempt from property taxes the residence homestead of the surviving
spouse of a member of the armed services who is fatally injured in the line of duty. (Effective if
approved at the election on November 2, 2021.)
Public Safety
H.B. 9 (Klick/Campbell) – Obstructing Highway: provides that it is a state jail felony if, in
committing the offense of obstructing a highway or other passageway, the actor knowingly: (1)
prevents the passage of an authorized emergency vehicle that is operating the vehicle’s emergency
audible or visual signals; or (2) obstructs access to a hospital or other health care facility that
provides emergency medical care. (Effective September 1, 2021.)
H.B. 54 (Talarico/Whitmire) – Police Reality TV Shows: prohibits a law enforcement agency
from authorizing a person to accompany and film a peace officer acting in the line of duty for the
purpose of producing a reality television program. (Effective immediately.)
H.B. 103 (Landgraf/Zaffirini) – Active Shooter Alert System: requires the Texas Department
of Public Safety to establish the Texas Active Shooter Alert System and allows local law
enforcement agencies to request activation of the system when certain criteria are met. (Effective
September 1, 2021.)
H.B. 390 (S. Thompson/Huffman) – Human Trafficking: imposes requirements for human
trafficking awareness and prevention in commercial lodging establishments, and provides that: (1)
a peace officer may enter the premises of a commercial lodging establishment between the hours
of 9 a.m. and 5 p.m. Monday through Friday to ensure compliance with the requirements of the
bill; (2) a city ordinance, rule, or other regulation related to human trafficking awareness and
prevention in commercial lodging establishments, including training and certification
requirements, is not preempted; and (3) in the case of a conflict between a city ordinance and this
new law, the more stringent regulation controls. (Effective January 1, 2022, except that the
requirement that the attorney general adopt related rules is effective September 1, 2021.)
H.B. 402 (Hernandez/Alvarado) – Asset Forfeiture: provides, among other things, that the head
of a law enforcement agency may cover the costs of a contract with a city or county program to
provide services to domestic victims of trafficking using any portion of the gross amount credited
to the agency’s special asset forfeiture fund from the forfeiture of contraband that: (1) is used in
the commission of, or used to facilitate or intended to be used to facilitate the commission of, an
offense of human trafficking; or (2) consists of proceeds gained from the commission of, or
property acquired with proceeds gained from the commission of, an offense of human trafficking.
(Effective September 1, 2021.)
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H.B. 558 (White/Hall) – Blood and Breath Specimens: this bill:
1. requires a peace officer to take a specimen of a person’s blood if:
a. the officer arrests the person for certain intoxication offenses involving the
operation of a motor vehicle or a watercraft;
b. the person refuses the officer’s request to submit to the taking of a specimen
voluntarily;
c. the person was the operator of a motor vehicle or a watercraft involved in an
accident that the officer reasonably believes occurred as a result of the offense; and
d. at the time of the arrest, the officer reasonably believes that as a direct result of the
accident any individual has died, will die, or has suffered serious bodily injury;
2. requires a peace officer to take the specimen of a person’s breath or blood under any of
the following circumstances, if the officer arrests the person for an intoxication offense
involving the operation of a motor vehicle or a watercraft and the person refuses the
officer’s request to submit to the taking of a specimen voluntarily:
a. the person was the operator of a motor vehicle or a watercraft involved in an
accident that the officer reasonably believes occurred as a result of the offense and,
at the time of the arrest, the officer reasonably believes that as a direct result of the
accident an individual other than the person has suffered bodily injury and been
transported to a hospital or other medical facility for medical treatment;
b. the offense for which the officer arrests the person is an offense of driving while
intoxicated with a child passenger; or
c. at the time of the arrest, the officer possesses or receives reliable information from
a credible source that the person:
i. has been previously convicted of or placed on community supervision for
the offense of driving while intoxicated with a child passenger, intoxication
assault, or intoxication manslaughter, or an offense under the laws of
another state containing elements substantially similar to the elements of
such offenses; or
ii. on two or more occasions, has been previously convicted of or placed on
community supervision for the offense of driving while intoxicated, flying
while intoxicated, boating while intoxicated, or assembling or operating an
amusement ride while intoxicated, or an offense under the laws of another
state containing elements substantially similar to the elements of such
offenses;
3. provides that the peace officer shall designate the type of specimen to be taken under
the provisions of Number 2, above; and
4. provides that a peace officer may not require the taking of a specimen unless the officer:
a. obtains a warrant directing that the specimen be taken; or
b. has probable cause to believe that exigent circumstances exist.
(Effective September 1, 2021.)
H.B. 763 (Toth/Zaffirini) – Seized Alcoholic Beverages: provides that an alcoholic beverage, its
container, and its package which has been seized by a peace officer shall be: (1) destroyed or
disposed of by a peace officer; or (2) delivered to the Texas Alcoholic Beverage Commission
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(TABC) for immediate public or private sale in the manner TABC considers best. (Effective
September 1, 2021.)
H.B. 929 (Sherman/West) – Body Worn Cameras: provides that: (1) a body worn camera policy
must: (a) include provisions related to the collection of a body worn camera, including the
applicable video and audio recorded by the camera, as evidence; (b) require a peace officer who is
equipped with a body worn camera and actively participating in an investigation to keep the camera
activated for the entirety of the officer’s active participation in the investigation unless the camera
has been deactivated in compliance with such policy; and (2) a peace officer equipped with a body
worn camera may choose not to activate a camera or may choose to discontinue a recording
currently in progress for any encounter with a person that is not related to an investigation.
(Effective September 1, 2021.)
H.B. 1024 (Geren/Hancock) – Alcohol To-Go: this bill allows for the pickup and delivery of
alcoholic beverages for off-premises consumption under certain circumstances. (Effective
immediately.)
H.B. 1069 (Harris/Birdwell) – First Responders Carrying Handguns: this bill:
1. prohibits a city with a population of 30,000 or less that has not adopted collective
bargaining from adopting or enforcing an ordinance, order, or other measure that generally
prohibits a first responder who holds a license to carry a handgun, holds an unexpired
certification of completion of a handgun training course for first responders, and has the
required liability insurance from: (a) carrying a concealed or holstered handgun while on
duty; or (b) storing a handgun on the premises of or in a vehicle owned or leased by the
city if the handgun is secured with a device approved by the Texas Department of Public
Safety (DPS);
2. provides that the prohibition in Number 1, above, does not prohibit a city from adopting an
ordinance, order, or other measure that: (a) prohibits a first responder from carrying a
handgun while on duty based on the conduct of the first responder; or (b) limits the carrying
of a handgun only to the extent necessary to ensure that carrying the handgun doesn’t
interfere with the first responder’s duties;
3. authorizes a city with a population of 30,000 or less that has not adopted collective
bargaining to adopt a policy authorizing a first responder who holds a license to carry a
handgun, holds an unexpired certification of completion of a handgun training course for
first responders, and has the required liability insurance to: (a) carry a concealed or
holstered handgun while on duty; or (b) store a handgun on the premises of or in a vehicle
owned or leased by the city if the handgun is secured with a device approved by DPS;
4. provides that a first responder may not engage in the conduct described in Number 3(a)-
(b), above, unless the city has adopted a policy authorizing the conduct;
5. provides that a first responder may discharge a handgun while on duty only in self-defense;
6. provides that a city that employs or supervises a first responder is not liable in a civil action
arising from the discharge of a handgun by a first responder who is licensed to carry a
handgun;
7. provides that the discharge of a handgun by a first responder who is licensed to carry a
handgun is outside the course and scope of the first responder’s duties;
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8. provides that one or more complaints received by a city with respect to a specific first
responder constitute grounds for prohibiting or limiting that first responder’s carrying a
handgun while on duty;
9. defines “first responder” to mean a public safety employee whose duties include
responding rapidly to an emergency, including fire protection personnel and emergency
medical services personnel, but not including volunteer emergency services personnel, or
a peace officer or reserve law enforcement officer who is performing law enforcement
duties; and
10. requires the public safety director of DPS to establish a handgun training course for first
responders.
(Effective September 1, 2021.)
H.B. 1172 (Howard/Zaffirini) – Sexual Assault Victims: this bill, among other things: (1)
provides that a peace officer or an attorney representing the state may not request or take a
polygraph examination of a person who, in a complaint, charges or seeks to charge the commission
of certain sexual offenses; (2) provides that a law enforcement agency that receives a report of a
sexual assault shall, within 120 hours of the assault and with the requisite consent, request a
forensic medical examination of the victim for use in the investigation or prosecution of the
offense; (3) repeals a provision that provides that a law enforcement officer may refuse to request
a forensic medical examination of the victim of a sexual assault if: (a) the person reporting the
sexual assault has made one or more false reports of sexual assault to any law enforcement agency;
and (b) there is no other evidence to corroborate the current allegations of sexual assault; (4)
provides that, before conducting an investigative interview with a sexual assault victim, the peace
officer conducting the interview shall offer the victim the opportunity to have an advocate from a
sexual assault program present with the victim during the interview, if the advocate is available at
the time; (5) provides that, if the advocate described in (4), above, is not available at the time of
the interview, the peace officer conducting the interview shall offer the victim the opportunity to
have a crime victim liaison from the law enforcement agency, a peace officer who has completed
a sexual assault training program, or a victim’s assistance counselor from a state or local agency
or other entity present with the victim during the interview; and (6) provides that a peace officer
or law enforcement agency that provides an advocate, liaison, or counselor with access to a victim
reporting a sexual assault is not subject to civil or criminal liability for providing that access.
(Effective September 1, 2021.)
H.B. 1407 (Schaefer/Hughes) – Handguns: excepts a handgun that is visible, in a holster, and in
a motor vehicle (along with the licensed holder of the gun) from the prohibition against displaying
a handgun in plain view of another person in a public place. (Effective September 1, 2021.)
H.B. 1419 (Hull/Alvarado) – Missing Persons: provides, among other things, that: (1) a law
enforcement agency shall: (a) on receiving a report of a missing child or person, immediately, but
not later than two hours after receiving the report, report the name of the person to the Alzheimer’s
Association Safe Return emergency response center, if applicable; (b) not later than the 60th day
after the date the agency receives the report described in (1)(a), above, enter the name of the
missing child or person into the National Missing and Unidentified Persons System, with all
available identifying features such as dental records, fingerprints, other physical characteristics,
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and a description of the clothing worn when last seen, as well as all available information
describing any person reasonably believed to have taken or retained the missing child or missing
person; (c) inform the person who filed the report of the missing child or missing person that the
information will be entered into the clearinghouse, the national crime information center missing
person file, and the National Missing and Unidentified Persons System, and reported to the
Alzheimer’s Association Safe Return emergency response center, if applicable; and (d) as soon as
possible, enter information not immediately available to the agency when the original entry is
made into the clearinghouse, the national crime information center file, and the National Missing
and Unidentified Persons System as a supplement to the original entry; and (2) immediately after
the return of a missing person or the identification of an unidentified body, the local law
enforcement agency having jurisdiction of the investigation shall: (a) clear the entry in the National
Crime Information Center database; and (b) notify the National Missing and Unidentified Persons
System. (Effective September 1, 2021.)
H.B. 1545 (Cyrier/Hall) – Commission on Jail Standards: continues the functions of the
Commission on Jail Standards and, among other things, repeals the requirement that the chief jailer
of each municipal lockup submit to the commission an annual report of persons under 17 years of
age securely detained in the lockup. (Effective September 1, 2021.)
H.B. 1694 (Raney/Schwertner) – 9-1-1 Good Samaritan: this bill, known as the Jessica Sosa
Act, provides: (1) a defense to prosecution for certain drug offenses if the actor: (a) was the first
person to request emergency medical assistance in response to the possible overdose of another
person and: (i) made the request for medical assistance during an ongoing medical emergency; (ii)
remained on the scene until medical assistance arrived; and (iii) cooperated with medical assistance
and law enforcement; or (b) was the victim of a possible overdose for which emergency medical
assistance was requested by the actor or by another person during an ongoing medical emergency;
(2) exceptions to the defense in (1), above, if: (a) at the time the request for emergency medical
assistance was made: (i) a peace officer was in the process of arresting the actor or executing a
search warrant describing the actor or the place from which the request for medical assistance was
made, or (ii) the actor was committing certain other offenses other than one for which the defense
is available; (b) the actor has previously been convicted or placed on deferred adjudication
community supervision for certain offenses; (c) the actor was acquitted in a previous proceeding
in which the actor successfully used the defense in (1), above; (d) at any time during the 18-month
period preceding the date of the commission of the instant offense, the actor requested emergency
medical assistance in response to the possible overdose of the actor or another person; and (3) that
the defense in (1), above, does not preclude the admission of evidence obtained by law
enforcement resulting from the request for emergency assistance if that evidence pertains to an
offense for which the defense in (1), above, is not available. (Effective September 1, 2021.)
H.B. 1755 (Metcalf/Hancock) – Alcohol To-Go: provides that a mixed beverage permittee may
not permit any person to take any alcoholic beverage purchased on the licensed premises from the
premises where sold, except that a person who orders wine with food may remove the container
of wine from the premises whether the container is opened or unopened. (Effective September 1,
2021.)
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H.B. 1758 (Krause/Birdwell) – Unmanned Aircraft: this bill: (1) requires each law enforcement
agency that uses or intends to use a drone for law enforcement purposes to: (a) adopt a written
policy regarding the agency’s use of force by means of a drone, before the agency first uses a
drone, and update the policy as necessary; and (b) not later than January 1 of each even-numbered
year submit the policy to the Texas Commission on Law Enforcement (TCOLE) in the manner
prescribed by TCOLE; and (2) provides that, notwithstanding any other law, the use of force,
including deadly force, involving a drone is justified only if: (a) at the time the use of force
occurred, the actor was employed by a law enforcement agency; and (b) the use of force: (i) would
have been justified under certain other law; and (ii) did not involve the use of deadly force by
means of an autonomous drone; and (c) before the use of force occurred, the law enforcement
agency employing the actor adopted and submitted to TCOLE a policy on the agency’s use of
force by means of a drone, as described in (1), above, and the use of force conformed to the
requirements of that policy. (Effective September 1, 2021.)
H.B. 1900 (Goldman/Huffman) – Law Enforcement Funding: this bill:
1. characterizes a “defunding municipality” as a city with a population of more than 250,000:
(a) that adopts a budget for a fiscal year that, in comparison to the city’s preceding fiscal
year, reduces the appropriation to the city’s police department; and (b) for which the
criminal justice division of the governor’s office issues a written determination finding that
the city has made a reduction described by (a);
2. provides that, in making a determination of whether a city is a “defunding municipality”
according to the budget adopted for the first fiscal year beginning on or after September 1,
2021, the criminal justice division of the governor’s office shall compare the appropriation
to the city’s police department in that budget to the appropriation to the police department
in the budget of the preceding fiscal year or the second preceding fiscal year, whichever is
greater (this specific requirement expires on September 1, 2023);
3. provides that a city is not considered to be a defunding municipality under Number 1,
above, if: (a) for a fiscal year in which the city adopts a budget that is less than the budget
for the preceding fiscal year, the percentage reduction to the appropriation to the city’s
police department does not exceed the percentage reduction to the total budget; or (b)
before adoption of the budget, the city applies for and is granted approval from the criminal
justice division of the governor’s office for a reduction to the appropriation to the city’s
police department to account for: (i) capital expenditures related to law enforcement during
the preceding fiscal year; (ii) the city’s response to a state of disaster; or (iii) another reason
approved by the division;
4. provides that, for purposes of making a determination of whether a city is a defunding
municipality, a city’s appropriation to the city’s police department does not include: (a)
any grant money received by the city during any fiscal year; or (b) any sales and use tax
revenue received by the city for the purpose of financing a crime control and prevention
district;
5. provides that a city is considered a defunding municipality until the criminal justice
division of the governor’s office issues a written determination finding that the city has
reversed the inflation-adjusted reductions described in Number 1(a), above;
6. requires the criminal justice division of the governor’s office to: (a) compute the inflation
rate used to make determinations under Number 5, above, each fiscal year using a price
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index that accurately reports changes in the purchasing power of the dollar for cities in this
state; and (b) publish the inflation rate in the Texas Register;
7. provides that a defunding municipality may not annex an area during the period beginning
on the date that the criminal justice division of the governor’s office issues the written
determination that the city is a defunding local government and ending on the 10th
anniversary of the date on which the criminal justice division of the governor’s office issues
a written determination finding that the defunding municipality has reversed the reductions
described in Number 1, above;
8. provides: (a) that a defunding municipality, on the next available uniform date that occurs
after the date on which the criminal justice division of the governor’s office issues a written
determination that a city is a defunding municipality, shall hold a separate election in each
area annexed in the preceding 30 years by the city on the question of disannexing the area;
(b) that the defunding municipality shall immediately disannex an area by ordinance for
which a majority of votes received in the election favor disannexation; (c) that if an area is
disannexed pursuant to an election under (a), the city may not attempt to annex the area
before the 10th anniversary of the date on which the criminal justice division of the
governor’s office issues a written determination finding that the city has reversed the
reductions described in Number 1, above; and (d) that a city holding a disannexation
election under (a) may not use public funds on informational campaigns relating to the
election;
9. requires a defunding municipality to calculate a municipal public safety expenditure
adjustment to the city’s property tax rate;
10. prohibits the governing body of a defunding municipality from adopting a property tax rate
for the current tax year that exceeds the lesser of the city’s no-new-revenue tax rate or
voter-approval tax rate for that tax year;
11. provides: (a) that the comptroller may not, before July 1 of each state fiscal year, send to a
defunding municipality its share of city sales and use taxes collected by the comptroller
during the state fiscal year; and (b) that before sending the defunding municipality its share
of sales and use taxes, the comptroller shall deduct the amount reported to the comptroller
for the defunding municipality under Number 12, below, and credit that deducted amount
to the general revenue fund, which must be appropriated only to the Department of Public
Safety;
12. provides that not later than August 1 of each state fiscal year, the criminal justice division
of the governor’s office shall report to the comptroller for each defunding municipality the
amount of money the state spent in that state fiscal year to provide law enforcement
services in the defunding municipality;
13. requires a defunding municipality to, for the purpose of funding retirement benefits,
increase municipal contributions to a public retirement system in which its employees
participate as members in a manner that ensures that the total amount the city and members
contribute to the system for the fiscal year on which the determination is based is not less
than the total amount the city and members of the system contributed to the system for the
fiscal year immediately preceding the fiscal year on which the determination is based;
14. prohibits the governing body of a municipally-owned electric utility that is located in a city
that is a defunding local government from charging a customer: (a) at a rate higher than the
rate the customer was charged or would have been charged on January 1 of the year that
the city was determined to be a defunding local government; (b) any customer fees in
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amounts higher than the customer fees the customer was charged or would have been
charged on January 1 of the year that the city was determined to be a defunding local
government; and (c) any types of customer fees that the customer was not charged or would
not have been charged on January 1 of the year that the city was determined to be a
defunding local government;
15. provides that if a municipally-owned utility has not transferred funds to the defunding
municipality under Number 14, above, the municipally-owned utility may increase its rates
to account for: (a) pass-through charges imposed by a state regulatory body or the Electric
Reliability Council of Texas; (b) fuel, hedging, or wholesale power cost increases; or (c)
to fulfill debt obligations; and
16. prohibits a municipally-owned utility that increases rates under Number 15, above, from
transferring funds to the defunding municipality until the date the criminal justice division
of the governor’s office issues a written determination finding that the city has reversed the
reduction.
(Effective September 1, 2021.)
H.B. 1927 (Schaefer/Schwertner) – Unlicensed Handgun Carry: this bill, known as the
Firearms Carry Act of 2021:
1. leaves the current handgun licensing scheme in place, presumably for purposes of
reciprocity with other states and ease of handgun purchases;
2. authorizes most Texans over 21 years of age to carry a handgun in a concealed manner or
openly in a holster, without the requirement to obtain a handgun license;
3. modifies language in the Texas Penal Code to make it a crime to carry a handgun only by
someone who is younger than 21 years of age or in the previous five years has been
convicted of the following state crimes: (a) assault causing bodily injury, including to a
spouse; (b) deadly conduct, including discharging a firearm at persons, a habitation, a
vehicle or a building; (c) making a terroristic threat; or (d) disorderly conduct by: (i)
discharging a firearm in a public place other than a public road or a sport shooting range;
or (ii) displaying a firearm or other deadly weapon in a public place in a manner calculated
to alarm;
4. prohibits a person who is a member of a criminal street gang or a person convicted of a
felony or a family violence offense from possessing a firearm, with some limited
exceptions (Note: The federal Gun Control Act makes it unlawful for certain additional
categories of persons convicted of serious crimes to ship, transport, receive, or possess
firearms or ammunition);
5. mandates that the Texas Department of Public Safety (DPS) develop free-of-charge and
post online a course on firearms safety and handling, and that DPS prepare an annual report
to the legislature related to handgun carry;
6. provides that a licensed or unlicensed carrier is prohibited from entering certain places
listed in Penal Code Section 46.03, including, among many others and most relevant to
cities: (a) the premises of a polling place on the day of an election or while early voting is
in progress; and (b) the premises of any government court or offices utilized by the court,
unless pursuant to written regulations or written authorization of the court (it remains
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unclear whether this prohibition applies to the building or only the rooms housing the court
or court offices);
7. provides that a licensed carrier is prohibited from entering the room or rooms where a
meeting of a governmental entity is held, if the meeting is an open meeting subject to the
Open Meetings Act, only if: (a) the entity provided notice as required by the Open Meetings
Act, and (b) the entity provides notice that carry is prohibited in the meeting (e.g., by
posting the existing 30.06 sign [licensed concealed carry prohibition] and/or 30.07 sign
[licensed open carry prohibition] at the entrance to the meeting room);
8. provides that an unlicensed carrier may not enter the room or rooms where an open meeting
of a governmental entity is held (Note: the new 46.15(o) sign, described in Number 9,
below, allows only a “person” to prohibit unlicensed carry, and a city is not a person under
the Penal Code definition);
9. provides that a person or business, but not a city, may provide notice under Penal Code
Section 46.15(o) that firearms and other weapons are prohibited on the premises or other
property by posting a sign at each entrance to the premises or other property that: (a)
includes language that is identical to or substantially similar to the following: “Pursuant to
Section 46.03 Penal Code (places weapons prohibited), a person may not carry a firearm
or other weapon on this property”; (b) includes the language described by (a) in both
English and Spanish; (c) appears in contrasting colors with block letters at least one inch
in height; and (d) is displayed in a conspicuous manner clearly visible to the public;
10. provides that a person or a business, but not a city, may post a notice similar to that in
Number 9, above, but under the authority of Penal Code Section 30.05, to prohibit
unlicensed carry on their property;
11. provides that the signage in Number 9, above, should be posted at each entrance to the
property and: (a) include language that is identical to or substantially similar to the
following: “Pursuant to Section 30.05, Penal Code (criminal trespass), a person may not
enter this property with a firearm”; (b) include the language described by (a) in both
English and Spanish; (c) appear in contrasting colors with block letters at least one inch in
height; and (d) be displayed in a conspicuous manner clearly visible to the public;
12. provides that a city may not prohibit a person who is authorized by law to carry a handgun
from doing so: (a) in a public park (prior to this bill, a city could prohibit anyone other than
a handgun license holder from carrying a firearm in a city park, but after this bill’s passage,
a city can’t prohibit anyone who is lawfully carrying a firearm from bringing it into the
park); (b) at a public meeting of a city, county, or other governmental body, unless the
entity posts proper notice to prohibit that carry is prohibited; (c) at a political rally, parade,
or official political meeting; or (d) at a nonfirearms-related school, college, or professional
athletic event; and
13. authorizes a peace officer who is acting in the lawful discharge of the officer’s official
duties to temporarily disarm an unlicensed carrier when that person enters a nonpublic,
secure portion of a law enforcement facility, if the law enforcement agency provides a gun
locker where the peace officer can secure the person’s handgun, and if the peace officer
returns the handgun to the person immediately after the person leaves the nonpublic, secure
portion of the law enforcement facility.
(Effective September 1, 2021.)
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H.B. 1938 (Jetton/Kolkhorst) – Body Worn Camera Grants: provides that a law enforcement
agency that provides body worn cameras to its peace officers may apply to the office of the
governor for a grant to defray the cost of data storage for recordings created with the body worn
cameras. (Effective September 1, 2021.)
H.B. 2106 (Perez/Zaffirini) – Credit Card Skimmers: this bill, among other things: (1) transfers
rulemaking authority regarding credit card skimmers at motor fuel dispensers from the attorney
general to the Texas Department of Licensing and Regulation (TDLR), and redesignates the
payment card fraud center as the financial crimes intelligence center at TDLR; (2) provides that a
law enforcement agency or the financial crimes intelligence center may disclose certain
information regarding the discovery of a credit card skimmer (which would otherwise be
confidential) to the public if the law enforcement agency or the chief intelligence coordinator for
the center determines that the disclosure of the information furthers a law enforcement purpose;
(3) provides that TDLR may enter into agreements with law enforcement agencies or other
governmental agencies for the operation of the financial crimes intelligence center; and (4)
provides that the financial crimes intelligence center may, among other things, provide training
and educational opportunities to law enforcement. (Effective September 1, 2021.)
H.B. 2366 (Buckley/Hughes) - Penal Offenses: provides, among other things, that: (1) the offense
of directing a light from a laser pointer to a uniformed safety officer, including a peace officer,
security guard, firefighter, emergency medical service worker, or other uniformed city, state, or
federal officer is enhanced to: (a) a felony of the third degree if the conduct causes bodily injury
to the officer; or (b) a felony of the first degree if the conduct causes serious bodily injury to the
officer; and (2) a person commits an offense if the person explodes or ignites fireworks with the
intent to: (a) interfere with the lawful performance of an official duty by a law enforcement officer;
or (b) flee from a person the actor knows is a law enforcement officer attempting to lawfully arrest
or detain the actor. (Effective September 1, 2021.)
H.B. 2462 (Neave/Paxton) – Forensic Medical Examinations: this bill, among other things,: (1)
provides that a victim of a sexual assault is entitled to a forensic medical examination if, within
120 hours of the offense: (a) the offense is reported to a law enforcement agency; or (b) a forensic
medical examination is otherwise conducted at a health care provider; (2) provides that, if a sexual
assault is reported to a law enforcement agency within 120 hours after the assault, the law
enforcement agency, with the consent of the victim of the reported assault, a person authorized to
act on behalf of the victim, or an employee of the Department of Family and Protective Services,
shall request a forensic medical examination of the victim for use in the investigation or
prosecution of the offense; (3) provides that, if a sexual assault is not reported within the period
described by (2), above, and the victim is a minor, on receiving the appropriate consent, a law
enforcement agency shall request a forensic medical examination of the victim for use in the
investigation or prosecution of the offense; (4) provides that, if a sexual assault is not reported
within the period described by (2), above, and the victim is not a minor, on receiving the
appropriate consent, a law enforcement agency may request a forensic medical examination of a
victim of a reported sexual assault for use in the investigation or prosecution of the offense if: (a)
based on the circumstances of the reported assault, the agency believes a forensic medical
examination would further that investigation or prosecution; or (b) after a medical evaluation by a
physician, sexual assault examiner, or sexual assault nurse examiner, the physician or examiner
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notifies the agency that a forensic medical examination should be conducted; (5) provides that, if
a sexual assault is reported to a law enforcement agency as described by (2), (3), or (4), above, the
law enforcement agency shall document, in the form and manner required by the attorney general,
whether the agency requested a forensic medical examination, and the law enforcement agency
shall: (a) provide the documentation of the agency’s decision regarding a request for a forensic
medical examination to: (i) the health care provider and the physician, sexual assault examiner, or
sexual assault nurse examiner, as applicable, who provides services to the victim that are related
to the sexual assault; and (ii) the victim or the person who consented to the forensic medical
examination on behalf of the victim; and (b) maintain the documentation of the agency’s decision
in accordance with the agency’s record retention policies; (6) eliminates the provision in state law
that requires a law enforcement agency that requests a forensic medical examination under (2),
(3), and (4), above, to pay all costs of the examination and provides that a healthcare provider that
provides such services shall be entitled to reimbursement by the attorney general; (7) provides that
the statewide electronic tracking system for evidence collected in relation to a sexual assault or
other sex offense that is implemented by the Texas Department of Safety (DPS) shall include the
evidence collection kit and any other items collected during the forensic medical examination in
relation to a sexual assault or other sex offense and submitted for a laboratory analysis that is
necessary to identify the offender or offenders, regardless of whether the evidence is collected in
relation to an individual who is alive or deceased; (8) provides that a law enforcement agency that
fails to submit evidence of a sexual assault or other sex offense to a public accredited crime
laboratory within 30 days after the date on which that evidence was received shall provide to DPS
written documentation of the failure, including a detailed explanation for the failure, and shall
submit such documentation on or before the 30th day after the date on which the agency discovers
that the evidence was not submitted within the required period; and (9) provides that the failure of
a law enforcement agency to comply with certain requirements related to collection, preservation,
tracking, and submitting for analysis evidence of sexual assault or other sex offenses may be used
to determine eligibility for receiving grant funds from DPS, the office of the governor, or another
state agency. (Effective September 1, 2021.)
H.B. 2677 (Bonnen/Taylor) – CLEAR Alert: renames the statewide alert for missing adults
between the ages of 18 to 65 to the Coordinated Law Enforcement Adult Rescue (CLEAR) Alert
for Missing Adults. (Effective immediately.)
H.B. 2706 (Howard/Nelson) – Forensic Medical Examinations: this bill, among other things:
(1) provides that evidence collected during a forensic medical examination may not be used to
investigate or prosecute a misdemeanor offense, or an offense related to a controlled substance,
alleged to have been committed by the victim from whom the evidence was collected; and (2)
eliminates the provision in state law that requires a law enforcement agency that requests for a
forensic medical examination for victims of sexual assault to pay all costs of the examination, and
provides that a healthcare provider that provides such services shall be entitled to reimbursement
by the attorney general. (Effective September 1, 2021.)
H.B. 2911 (White/Hancock) – Next Generation 9-1-1 Service: this bill, among other things: (1)
provides that before September 1, 2025, all parts of the state must be covered by Next Generation
9-1-1 service; (2) creates the next generation 9-1-1 service fund as a fund in the state treasury
outside the general revenue fund; (3) requires the comptroller to transfer to the credit of the next
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generation 9-1-1 service fund any amount available from federal money provided to Texas from
the Coronavirus State and Local Fiscal Recovery Funds of the American Rescue Plan Act of 2021
or from any other federal governmental source; (4) provides that money deposited to the credit of
the next generation 9-1-1 service fund may be used only for the purpose of supporting the
deployment and reliable operation of next generation 9-1-1 service, including the costs of
equipment, operations, and administration and may be distributed to only the Commission on State
Emergency Communications and emergency communication districts and must be used in a
manner that complies with federal law; (5) provides that the comptroller may issue guidelines for
use by the commission and emergency communication districts in implementing the bill; (6)
requires all money in the next generation 9-1-1 service fund to be distributed in accordance with
the requirements of the bill not later than December 31, 2022, and all money distributed under the
bill be spent not later than December 31, 2024, for the deployment and reliable operation of next
generation 9-1-1 service; and (7) repeals the provisions in state law: (a) that provide that on receipt
of an invoice from a wireless service provider for reasonable expenses for network facilities,
including equipment, installation, maintenance, and associated implementation costs, the
Commission or an emergency services district of a home-rule city or an emergency communication
district created under state law shall reimburse the wireless service provider in accordance with
state law for all expenses related to 9-1-1 service; and (b) that provide that funds collected under
the equalization surcharge are not precluded from being used to cover costs under (7)(a) as
necessary and appropriate, including for rural areas that may need additional funds for wireless 9-
1-1. (Effective September 1, 2021.)
H.B. 3026 (Canales/Alvarado) – Automated Motor Vehicle: this bill: (1) adopts the current
definitions for: (a) “automated motor vehicle” as a motor vehicle on which an automated driving
system is installed; and (b) “automated driving system” as hardware and software that, when
installed on a motor vehicle and engaged, are collectively capable of performing, without any
intervention or supervision by a human operator: (i) all aspects of the entire dynamic driving task
for the vehicle on a sustained basis; and (ii) any fallback maneuvers necessary to respond to a
failure of the system; and (2) exempts automated motor vehicles and driving systems from certain
required vehicle equipment and inspection screenings. (Effective September 1, 2021.)
H.B. 3363 (Harless/West) – Warrants: provides, among other things, that: (1) for the purpose of
requesting a judicial order for the installation and use of a mobile tracking device, a peace officer’s
affidavit must provide facts and circumstances that show probable cause to believe (instead of
reasonable suspicion under current law) that criminal activity has been, is, or will be committed
and the installation and use of the mobile tracking device is likely to produce information that is
material to an ongoing criminal investigation of that criminal activity; (2) unless a magistrate
directs in the warrant a shorter period for the execution of any search warrant issued for the search
of any property, for a wire intercept, or for the installation of tracking equipment, the period
allowed for the execution of the warrant, exclusive of the day of its issuance and of the day of its
execution, is: (a) 15 whole days if the warrant is issued solely to search for and seize specimens
from a specific person for DNA analysis and comparison, including blood and saliva samples; (b)
10 whole days if the warrant is issued for certain customer data information held in electronic
storage or certain location information held in electronic storage; or (c) three whole days if the
warrant is issued for a purpose other than that described by (2)(a) or (2)(b); (3) only a prosecutor
or a prosecutor’s assistant with jurisdiction in a county within a specific judicial district may file
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an application for a warrant for certain location information held in electronic storage; (4) an
authorized peace officer of a designated law enforcement office or agency or an authorized peace
officer commissioned by the Texas Department of Public Safety (DPS) may, without a warrant,
require the disclosure of certain location information held in electronic storage if: (a) the officer
reasonably believes an immediate life-threatening situation exists that: (i) is within the officer’s
territorial jurisdiction; and (ii) requires the disclosure of the location information before a warrant
can, with due diligence, be obtained; and (b) there are sufficient grounds on which to obtain a
warrant requiring the disclosure of the location information; and (5) not later than 48 hours after
requiring disclosure of location information without a warrant under (4), above, an authorized
peace officer shall obtain a warrant for that purpose. (Effective September 1, 2021.)
H.B. 3712 (E. Thompson/West) – Peace Officer Training: provides that: (1) the basic peace
officer training course required as part of the peace officer training program may not be less than
720 hours; (2) the basic peace officer training course must include training on: (a) the prohibition
against the intentional use of a choke hold, carotid artery hold, or similar neck restraint by a peace
officer in searching or arresting a person unless the officer reasonably believes the restraint is
necessary to prevent serious bodily injury to or the death of the peace officer or another person;
(b) the duty of the officer to intervene or stop or prevent another peace officer from using force
against a person suspected of committing an offense in certain situations; and (c) the duty of a
peace officer who encounters an injured person while discharging the officer’s official duties to
immediately and as necessary request emergency medical services personnel to provide the person
with emergency medical services and, while waiting for emergency medical services personnel to
arrive, provide first aid or treatment to the person to the extent of the officer’s skills and training,
unless the request for emergency medical services personnel or the provision of first aid or
treatment would expose the officer or another person to a risk of bodily injury or the officer is
injured and physically unable to make the request or provide the treatment; (3) the Texas
Commission on Law Enforcement (TCOLE) shall develop and maintain a model training
curriculum and model policies for law enforcement agencies and peace officers that must include
the items described in (2), above; and (4) before the first day of each 24-month training unit during
which peace officers are required to complete 40 hours of continuing education programs, TCOLE
shall specify the mandated topics to be covered in up to 16 of the required hours. (Effective
September 1, 2021.)
S.B. 64 (Nelson/White) – Peer Support: provides, among other things, that: (1) the Texas
Commission on Law Enforcement (TCOLE) shall develop a peer support network for law
enforcement officers that includes: (a) peer-to-peer support; (b) training for peer service
coordinators and peers that includes suicide prevention training; (c) technical assistance for
program development, peer service coordinators, licensed mental health professionals, and peers;
and (d) identification, retention, and screening of licensed mental health professionals; (2) as part
of the peer support network for law enforcement officers, TCOLE shall ensure law enforcement
officers have support in both urban and rural jurisdictions; (3) information relating to a law
enforcement officer’s participation in peer-to-peer support and other peer-to-peer services under
the network is confidential and may not be disclosed under the Public Information Act, by: (a)
TCOLE; (b) a law enforcement agency that employs a law enforcement officer participant; or (c)
any other state agency or political subdivision that employs a law enforcement officer participant;
and (4) a law enforcement officer’s participation in peer-to-peer support and other peer-to-peer
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services under the network may not: (a) serve as the basis for a revocation, suspension, or denial
of a license issued by TCOLE; or (b) be considered in any proceeding related to the officer’s
TCOLE licensure. (Effective immediately.)
S.B. 69 (Miles/White) – Use of Force: provides that: (1) a peace officer has a duty to intervene
to stop or prevent another peace officer from using force against a person suspected of committing
an offense if: (a) the amount of force exceeds that which is reasonable under the circumstances;
and (b) the officer knows or should know that the other officer’s use of force: (i) violates state or
federal law; (ii) puts a person at risk of bodily injury, and is not immediately necessary to avoid
imminent bodily injury to a peace officer or other person; and (iii) is not required to apprehend the
person suspected of committing an offense; (2) a peace officer who witnesses the use of excessive
force by another peace officer shall promptly make a detailed report of the incident and deliver the
report to the supervisor of the peace officer making the report; and (3) the use of any force, by any
person, including a peace officer or person acting in and at the direction of an officer, in connection
with the arrest of another person, is not a justified use of force if such force is used in a manner
that impedes the normal breathing or circulation of the blood of the person by applying pressure
to the person’s throat, neck, or torso or by blocking the person’s nose or mouth. (Effective
September 1, 2021.)
S.B. 111 (West/Collier) – Duties of Law Enforcement Agency: provides that: (1) a law
enforcement agency filing a case with an attorney representing the state in a criminal case,
excluding a city attorney or prosecutor appearing in a justice or municipal court, shall submit to
the attorney a written statement by an employee of such agency with knowledge of the case
acknowledging that all documents, items, and information in the possession of the agency that are
required to be disclosed to the defendant as discovery have been transmitted to the attorney; and
(2) at any time after a case is filed with the attorney representing the state a law enforcement
agency discovers or acquires any additional document, item, or information required to be
disclosed to a defendant, an employee of the agency shall promptly transmit such document to the
attorney. (Effective September 1, 2021.)
S.B. 112 (West/Sherman) – Warrants: provides, among other things, that: (1) for the purpose of
requesting a judicial order for the installation and use of a mobile tracking device, a peace officer’s
affidavit must provide facts and circumstances that show probable cause to believe (instead of
reasonable suspicion under current law) that criminal activity has been, is, or will be committed
and the installation and use of the mobile tracking device is likely to produce information that is
material to an ongoing criminal investigation of that criminal activity; (2) unless a magistrate
directs in the warrant a shorter period for the execution of any search warrant issued for the search
of any property, for a wire intercept, or for the installation of tracking equipment, the period
allowed for the execution of the warrant, exclusive of the day of its issuance and of the day of its
execution, is: (a) 15 whole days if the warrant is issued solely to search for and seize specimens
from a specific person for DNA analysis and comparison, including blood and saliva samples; (b)
10 whole days if the warrant is issued for certain customer data information held in electronic
storage or certain location information held in electronic storage; or (c) three whole days if the
warrant is issued for a purpose other than that described by (2)(a) or (2)(b); (3) only a prosecutor
or a prosecutor’s assistant with jurisdiction in a county within a specific judicial district may file
an application for a warrant for certain location information held in electronic storage; (4) an
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authorized peace officer of a designated law enforcement office or agency or an authorized peace
officer commissioned by the Texas Department of Public Safety (DPS) may, without a warrant,
require the disclosure of certain location information held in electronic storage if: (a) the officer
reasonably believes an immediate life-threatening situation exists that: (i) is within the officer’s
territorial jurisdiction; and (ii) requires the disclosure of the location information before a warrant
can, with due diligence, be obtained; and (b) there are sufficient grounds on which to obtain a
warrant requiring the disclosure of the location information; and (5) not later than 48 hours after
requiring disclosure of location information without a warrant under (4), above, the authorized
peace officer shall obtain a warrant for that purpose. (Effective September 1, 2021.)
VETOED S.B. 281 (J. Hinojosa/Lucio) – Hypnotically Induced Testimony: provides that a
statement made during or after a hypnotic session by a person who has undergone investigative
hypnosis for the purposes of enhancing the person’s recollection of an event at issue in a criminal
investigation or case is not admissible against a defendant in a criminal trial, whether offered in
the guilt or innocence phase or the punishment phase of the trial. (Effective September 1, 2021.)
S.B. 315 (Huffman/Hunter) – Sexually Oriented Businesses: this bill: (1) provides that an
individual younger than 18 years may not be on the premises covered by a permit or license issued
by the Texas Alcoholic Beverage Commission (TABC) if a sexually oriented business operates on
the premises; (2) provides that the holder of a license or permit covering a premises described in
(1), above, may not knowingly or recklessly allow an individual younger than 18 years to be on
the premises; (3) provides that if a permit or license holder is found to violate (2), above, TABC
shall suspend the permit or license for the first and second violation, and cancel the permit or
license for the third violation; (4) prohibits a sexually oriented business from allowing an
individual younger than 18 years to enter the premises of the business; (5) provides that a sexually
oriented business commits an offense if it violates (4), above; (6) amends current law to provide
that it is a common nuisance to: (i) employ or enter into a contract for the performance of work or
the provision of services with an individual younger than 21 years for work or services performed
at a sexually oriented business; or (ii) permit an individual younger than 18 years to enter the
premises of a sexually oriented business; (7) amends current law to provide that a sexually oriented
business may not hire or enter into a contract with an individual younger than 21 years for the
performance of work or the provision of services other than a contract to perform repairs,
maintenance, or construction services at the business; and (8) amends current law to provide that
a child is a person younger than 21 years for purposes of the criminal offense of employing,
authorizing, or inducing a child to work in a sexually oriented commercial activity or in any place
of business permitting, requesting or requiring a child to work nude or topless. (Effective
immediately.)
S.B. 335 (Johnson/Wu) – Toxicological Evidence: provides, among other things, that: (1) a
governmental or public entity or an individual, including a law enforcement agency, prosecutor's
office, or crime laboratory, that is charged with the collection, storage, preservation, analysis, or
retrieval of toxicological evidence, shall ensure that toxicological evidence collected pursuant to
an investigation or prosecution of an intoxication and alcoholic beverage offense, is retained and
preserved for the greater of two years or the period of the statute of limitations for the offense if
the indictment or information charging the defendant, or the petition in a juvenile proceeding, has
not been presented or has been dismissed without prejudice; (2) a person from whom toxicology
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evidence is collected and, if the person is a minor, the person’s parent or guardian, shall be notified
of the periods for which evidence may be retained and preserved, and such notice must be given
by: (a) an entity or individual described by (1), above, that collects the evidence, if the entity or
individual collected the evidence directly from the person or collected it from a third party; or (b)
the court, if the records of the court show that the person was not given the notice described by
(2)(a) and the toxicological evidence is subject to the certain retention periods; (3) the entity or
individual charged with storing toxicological evidence may destroy the evidence on expiration of
the applicable retention period, provided that: (a) notice is given in accordance with (2), above;
and (b) if applicable, the prosecutor’s office gives written approval for the destruction; (4) before
requesting a person who is arrested for certain offenses related to operating a motor vehicle or a
watercraft while intoxicated to submit to the taking a specimen of the person’s blood or breath, a
peace officer shall inform the person orally and in writing that if the person submits to the taking
of a blood specimen, the specimen will be retained in accordance with applicable retention periods;
and (5) if a person consents to the request of an officer to submit to the taking of a specimen
described in (4), above, the officer shall request the person to sign a statement that: (a) the officer
requested that the person submit to the taking of a specimen; (b) the person was informed of the
consequences of not submitting to the taking of a specimen; and (c) the person voluntarily
consented to the taking of a specimen. (Effective September 1, 2021.)
S.B. 476 (Nelson/Stucky) – Sexual Assault: provides for the establishment of a county adult
sexual assault response team in each county that consists of, among others, the police chief, or the
police chief’s designee, of the police department with the largest population in the county, for the
purpose of strengthening the collaborative response and enhancing health and judicial outcomes
for sexual assault survivors who are adults. (Effective September 1, 2021.)
S.B. 709 (Hall/Canales) – Texas Commission on Fire Protection: this bill, among other things,
(1) provides that the Texas Commission on Fire Protection (Commission) is continued until 2033;
(2) provides that advisory members appointed by the Commission shall serve six-year staggered
terms but may not be appointed to more than two consecutive terms; (3) provides that if a person
holds more than one certificate issued by the Commission, the Commission may collect only one
fee for the renewal of those certificates; (4) provides that a certificate issued by the Commission
is valid for one or two years as determined by Commission rule; (5) provides that the Commission
may: (a) waive any prerequisite to obtaining a certificate for an applicant who holds a license or
certificate issued by another jurisdiction: (i) that has licensing or certification requirements
substantially equivalent to those of Texas; or (ii) with which Texas has a reciprocity agreement;
(6) makes an agreement with another state to allow for Commission certification by reciprocity;
and (7) eliminates a provision in state law that provides that, in adopting or amending a rule under
the Commission’s authority or any other law, the Commission shall seek the input of the fire fighter
advisory committee, and that the Commission shall permit the advisory committee to review and
comment on any proposed rule, including a proposed amendment to a rule, before the rule is
adopted. (Effective September 1, 2021.)
S.B. 1056 (Huffman/Wu) – False Reports: this bill, among other things: (1) creates a criminal
offense for a person if: (a) the person makes a report of a criminal offense or an emergency or
causes a report of a criminal offense or an emergency to be made to a peace officer, law
enforcement agency, 9-1-1 service, official or volunteer agency organized to deal with
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emergencies, or any other governmental employee or contractor who is authorized to receive
reports of a criminal offense or emergency; (b) the person knows that the report is false; (c) the
report causes an emergency response from a law enforcement agency or other emergency
responder; and (d) in making the report or causing the report to be made, the person is reckless
with regard to whether the emergency response by a law enforcement agency or other emergency
responder may directly result in bodily injury to another person; and (2) provides that if a person
is convicted of an offense under (1), above, the court may order the defendant to make restitution
to an entity for the reasonable costs of the emergency response by that entity resulting from the
false report. (Effective September 1, 2021.)
S.B. 1550 (Nelson/Goldman) – Airport Police Force: provides that: (1) the governing body of a
joint board, or the governing body of a political subdivision, including a city, that operates an
airport served by an air carrier certified by the Federal Aviation Administration or the United States
Department of Transportation may: (1) establish an airport police force; and (2) commission and
employ a peace officer, if the employee takes and files the oath required of peace officers.
(Effective September 1, 2021.)
S.B. 2212 (West/S. Thompson) – Duty to Render and Request Aid: provides that a peace
officer: (1) who encounters an injured person while discharging the officer’s official duties shall
immediately and as necessary: (a) request emergency medical services personnel to provide the
person with emergency medical services; and (b) while waiting for emergency medical services
personnel to arrive, provide first aid or treatment to the person to the extent of the officer’s skill
and training; and (2) is not required to request emergency medical services or provide first aid or
treatment under (1), above, if: (a) making the request or providing the treatment would expose the
officer or another person to a risk of bodily injury; or (b) the officer is injured and physically
unable to make the request or provide the treatment. (Effective September 1, 2021.)
Sales Tax
H.B. 1445 (Oliverson/Nichols) – Sales Tax Exemption: exempts from sales taxes a medical
billing service performed before the original submission of: (1) a medical or dental insurance claim
related to health or dental coverage; or (2) a claim related to health or dental coverage made to a
medical assistance program funded by the federal government, a state government, or both.
(Effective January 1, 2022.)
H.B. 3799 (Metcalf/Nichols) – Sales Tax Exemption: exempts items sold by a nonprofit
organization at a county fair from sales taxes. (Effective October 1, 2021.)
S.B. 153 (Perry/Sanford) – Sales Tax Exemption: exempts from sales taxes data processing
services designed to process payment made by credit card or debit card. (Effective October 1,
2021.)
S.B. 197 (Nelson/Noble) – Sales Tax Exemption: exempts the sale of an animal by a nonprofit
animal welfare organization from sales and use taxes. (Effective October 1, 2021.)
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S.B. 313 (Huffman/Meyer) – Sales Tax Exemption: exempts firearm safety equipment from
sales taxes. (Effective September 1, 2021.)
S.B 1524 (Hughes/Guillen) – Sales Tax Refund Pilot Program: establishes a sales tax refund
pilot program for a person who employs at least one apprentice in a qualified apprenticeship
position for at least seven months during a calendar year. (Effective January 1, 2022.)
Community and Economic Development
H.B. 5 (Ashby/Nichols) – Broadband Development Office: this bill, among other things:
1. requires the governor’s broadband development council to: (a) research and monitor the
progress of: (i) deployment of broadband statewide; (ii) purchase of broadband by
residential and commercial customers; and (iii) patterns and discrepancies in access to
broadband; and (b) study industry and technology trends in broadband and the detrimental
impact of pornographic or other obscene materials on residents of this state and the
feasibility of limiting access to those materials;
2. establishes a broadband development office within the comptroller’s office;
3. for purposes of the broadband development office, defines “broadband service” as internet
service with the capability of providing: (a) a download speed of 25 megabits per second
or faster; and (b) an upload speed of three megabits per second or faster;
4. authorizes the comptroller by rule to adjust the threshold speeds for broadband services
defined in Number 3, above, if the Federal Communications Commission adopts upload or
download threshold speeds for advanced telecommunications capability that are different
from those listed in Number 3, above;
5. requires the broadband development office to: (a) serve as a resource for information
regarding broadband service and digital connectivity in the state; (b) engage in outreach to
communities regarding the expansion, adoption, affordability, and use of broadband
service and the programs administered by the office; and (c) serve as an information
clearinghouse in relation to federal programs providing assistance to local entities with
respect to broadband service and addressing barriers to digital connectivity;
6. requires the broadband development office to create, update annually, and publish on the
comptroller’s website a map classifying each designated area in the state as: (a) an eligible
area, if fewer than 80 percent of the addresses in the designated area have access to
broadband service and the federal government has not awarded funding under a
competitive process to support the deployment of broadband service in the designated area;
or (b) an ineligible area, if 80 percent or more of the addresses in the designated area have
access to broadband service or the federal government has awarded funding under a
competitive process to support the deployment of broadband service to addresses in the
designated area;
7. requires the map described in Number 6, above, to display: (a) the number of broadband
service providers that serve each designated area; (b) for each eligible area, an indication
of whether the area has access to Internet service that is not broadband service, regardless
of the technology used to provide the service; and (c) each public school in the state and
an indication of whether the area has access to broadband service;
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8. provides that if information available from the Federal Communications Commission is
not sufficient for the broadband development office to create or update the map, the office
may request the necessary information from a political subdivision or broadband service
provider, and the subdivision or provider may report the information to the office;
9. establishes a petition process, under which a political subdivision or broadband service
provider may petition the broadband development office to reclassify a designated area on
the map as an eligible area or ineligible area;
10. requires the broadband development office to establish a program to award grants, low-
interest loans, and other financial incentives to applicants for the purpose of expanding
access to, and adoption of, broadband service in designated areas determined to be eligible
areas;
11. requires the broadband development office to establish and publish eligibility criteria for
award recipients under Number 10, above;
12. provides that the broadband development office may not award a grant, loan, or other
financial incentive to a noncommercial provider of broadband service for an eligible area
if a commercial provider of broadband service has submitted an application for the eligible
area;
13. provides that an award granted under the broadband development program does not affect
distributions received by a broadband provider from the state universal service fund;
14. requires the broadband development office to prepare, update, and publish on the
comptroller’s Internet website a state broadband plan that establishes long-term goals for
greater access to and adoption, affordability, and use of broadband service in Texas;
15. requires the broadband development office, in developing the state broadband plan, to: (a)
to the extent possible, collaborate with state agencies, political subdivisions, broadband
industry stakeholders and representatives, and community organizations that focus on
broadband services; (b) consider the policy recommendations of the governor’s broadband
development council; (c) favor policies that are technology-neutral and protect all members
of the public; (d) explore state and regional approaches to broadband development; and (e)
examine broadband service needs related to public safety, public education, and public
health;
16. establishes the broadband development account in the state’s general revenue fund
consisting of: (a) appropriations of money to the account by the legislature; (b) gifts,
donations, and grants, including federal grants; and (c) interest earned on the investment
of the money in the account; and
17. establishes the broadband development office board of advisors to provide guidance to the
broadband development office regarding the expansion, adoption, affordability, and use of
broadband service and the programs administered by the office.
(Effective immediately.)
H.B. 738 (Paul/Nichols) – Building Codes: this bill: (1) provides that the 2012 version of the
International Residential Code is the residential building code in this state, and the 2012 version
of the International Building Code is the commercial building code in this state; (2) authorizes a
city to establish procedures to adopt local amendments “that may add, modify, or remove
requirements” set by the codes in (1), above, but only if the city: (a) holds a public hearing on the
local amendment before adopting the amendment; and (b) adopts the local amendment by
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ordinance; (3) prohibits a city from enacting an ordinance, bylaw, order, building code, or rule
requiring the installation of a multipurpose residential fire protection sprinkler system or any other
fire sprinkler protection system in a new or existing one- or two-family dwelling; and (4) excepts
from the prohibition in (3), above, a city that has enacted an ordinance, bylaw, order, building
code, or rule requiring the installation of a multipurpose residential fire protection sprinkler system
or any other fire protection sprinkler system in a new or existing one- or two-family dwelling on
or before January 1, 2009. (Effective January 1, 2022, except that a requirement that a city establish
rules and take other necessary action to implement (1) and (2) before January 1, 2022, is effective
September 1, 2021.)
H.B. 871 (Morrison/Kolkhorst) – Contractor Registration Fees: this bill: (1) prohibits a city
from charging a licensed air conditioning and refrigeration contractor a registration fee for: (a)
worked performed in the city; or (b) notice that an air conditioning and refrigeration license has
been obtained; and (2) provides that the prohibition in (1), above, does not prohibit a city from
charging a building permit fee. (Effective September 1, 2021.)
H.B. 1475 (Cyrier/Buckingham) – Board of Adjustment: provides that, in exercising its
authority to grant or deny a variance, a board of adjustment may consider the following as grounds
to determine whether compliance with the zoning ordinance as applied to a structure would result
in an unnecessary hardship: (1) whether the financial cost of compliance is greater than 50 percent
of the appraised value of the structure as shown on the most recent certified appraisal roll; (2)
whether compliance would result in a loss to the lot on which the structure is located of at least 25
percent of the area on which development may physically occur; (3) whether compliance would
result in the structure not being in compliance with a requirement of a city ordinance, building
code, or other requirement; (4) whether compliance would result in the unreasonable encroachment
on an adjacent property or easement; or (5) whether the city considers the structure to be a
nonconforming structure. (Effective September 1, 2021.)
H.B. 1505 (Paddie/Hancock) – Broadband: establishes: (1) state funding for the Texas
Broadband Pole Replacement Program; and (2) a process by which a broadband provider may
apply for and attach an affixture of cables, strands, wires, and associated equipment used in the
provision of a broadband provider’s services to a pole owned and controlled by an electric
cooperative. (Effective September 1, 2021.)
H.B. 1543 (Parker/Creighton) – Public Improvement Districts: this bill, among other things:
(1) provides that the resolution adopted by a city council authorizing the creation of a public
improvement district (PID), other than a tourism PID, takes effect on the date the resolution is
adopted; (2) requires a city to file a copy of a PID-creation resolution under (1), above, with the
county clerk of each county in which all or part of the PID is located not later than the seventh day
after the date the city council adopts the resolution; (3) requires a city council to approve a PID
service plan, or amend or update the plan, only by ordinance; (4) requires a city to file a copy of
the initially-adopted or amended PID service plan with the county clerk of each county in which
all or part of the PID is located not later than the seventh day after the date the city council approves
the service plan; (5) revises the language of the mandatory notice of obligations related to a PID
used in a real estate transaction to include, among other things, additional information about the
PID assessment levied against the property; (6) authorizes the city or county that created the PID
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to provide additional information regarding the district in the PID obligation notice described in
(5), above, including whether an assessment has been levied, the amount of the assessment, and
the payment schedule for assessments; (7) requires the PID obligation notice described in (5),
above, to be given to a prospective purchaser before the execution of a binding contract of purchase
and sale, either separately or as an addendum or paragraph of a purchase contract; (8) provides
that in the event a contract of purchase and sale is entered into without the seller providing the
required notice of PID obligations, the purchaser is entitled to terminate the contract; and (9)
provides that it shall be conclusively presumed that the purchaser has waived all rights to terminate
the contract under (8), above, or recover damages or other remedies or rights, if the seller furnishes
the notice of PID obligations at or before closing the purchase and sale contract and the purchaser
elects to close even though the notice was not timely furnished before execution of the contract.
(Effective September 1, 2021.)
H.B. 1554 (Rogers/ Buckingham) – Municipal Development Districts: authorizes a municipal
development district to use money in the development project fund to pay the costs of planning,
acquiring, establishing, developing, constructing, or renovating one or more development projects
located outside the district if: (1) the project is located in the extraterritorial jurisdiction of the city
that created the district; (2) the board determines that the development project will provide an
economic benefit to the district; and (3) the following entities, as applicable, approve the
development project by resolution: (a) the city that created the district; and (b) each city in whose
corporate limits or extraterritorial jurisdiction the project is located. (Effective Immediately.)
H.B. 1929 (Wilson/Buckingham) – ETJ Development Agreements: this bill: (1) defines the
term “contract” to mean a contract for an ETJ development agreement and defines such a contract
to be a program authorized by the legislature under Article III, Section 52-a of the Texas
Constitution; (2) provides that: (a) a city that enters into a contract described in (1), above, waives
immunity from suit for the purpose of adjudicating a claim for breach of contract; (b) actual
damages (but not exemplary damages), specific performance, or injunctive relief may be granted
in an adjudication brought against a city for breach of a contract, and that damages are limited to
(i) the balance due and owed by the city under the contract, (ii) any amount owed by the landowner
as a result of the city’s failure to perform under the contract, including compensation for the
increased cost of infrastructure as a result of delays or accelerations caused by the city, (iii)
reasonable attorney’s fees, and (iv) interest; (3) provides that a contract described in (1), above,
that is entered into by a city and a landowner prior to the effective date of this bill is validated,
enforceable, and may be adjudicated subject to the terms and conditions of this bill; and (4)
annexation by a city of the land subject to a contract does not invalidate the enforceability of the
contract. (Effective September 1, 2021.)
H.B. 2127 (C. Turner/Hancock) – Public Entertainment Zones: this bill: (1) defines the term
“public entertainment zone” to mean an area of land that: (a) is owned by a city with a population
of 175,000 or more; (b) is designated as a public entertainment zone by the governing body of a
city in a formal meeting; and (c) contains a public safety facility; and (2) authorizes the
concessionaire for a public entertainment zone to allow a patron who possess an alcoholic beverage
to enter or leave a licensed or permitted premises within the zone if the alcoholic beverage: (a) is
in an open container; (b) appears to be possessed for present consumption; (c) remains within the
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confines of the zone, excluding a parking lot; and (d) was purchased legally at a licensed or
permitted premises within the zone. (Effective September 1, 2021.)
H.B. 2404 (Meyer/Zaffirini) – Chapter 380 Economic Development Agreements: this bill,
among other things:
1. requires the comptroller to create and make accessible on the Internet a database, to be
known as the Chapter 380 and 381 Agreement Database, that contains information
regarding all city and county economic development agreements under Chapters 380 and
381 of the Local Government Code, respectively;
2. provides that, for each local economic development agreement described in Number 1,
above, the database must include: (a) the name of the local government that entered into
the agreement; (b) a numerical code assigned to the local government by the comptroller;
(c) the address of the local government’s administrative offices and public contact
information; (d) the name of the appropriate officer or other person representing the local
government and that person’s contact information; (e) the name of any entity that entered
into the agreement with the local government; (f) the date on which the agreement went
into effect and the date on which the agreement expires; (g) the focus or scope of the
agreement; (h) an electronic copy of the agreement; and (i) the name and contact
information of the individual reporting the information to the comptroller;
3. requires a city, not later than the fourteenth day after entering into, amending, or renewing
an economic development agreement under Chapter 380 of the Local Government Code,
to submit to the comptroller the information described by Number 2, above, in the form
and manner prescribed by the comptroller in addition to providing a direct link on the city’s
website to the location of the agreement information published on the comptroller’s
website;
4. authorizes the comptroller to consult with the appropriate officer of, or other person
representing, each local government that enters into a local economic development
agreement to obtain the information necessary to operate and update the database;
5. requires the comptroller to enter the relevant information into the database not later than
the 15th business day after the date the comptroller receives the information from the
providing local government;
6. requires the information, including a copy of the agreement, to remain accessible to the
public through the database during the period the agreement is in effect;
7. provides that if a local government that enters into a local economic development
agreement described in Number 1, above, does not comply with the requirement to provide
information to the comptroller, the comptroller shall send a written notice to the local
government describing the information that must be submitted to the comptroller and
inform the local government that if the information is not provided on or before the 30th
day after the date the notice is provided, the local government will be subject to a civil
penalty of $1,000;
8. provides that, if a local government does not report the required information to the
comptroller, the local government is liable to the state for a civil penalty of $1,000 and the
attorney general may sue to collect a civil penalty; and
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9. creates a defense to an action brought under Number 8, above, that the local government
provided the required information or documents to the extent the information or documents
are not exempt from disclosure or confidential under the Public Information Act.
(Effective September 1, 2021.)
VETOED H.B. 2667 (Smithee/Perry) – Broadband: this bill: (1) provides that the statewide
uniform charge in support of the universal service fund is payable by each provider of Voice over
Internet Protocol Service; and (2) defines “high cost rural area” for purposes of the universal
service fund as: (a) an area: (i) receiving support from the universal service fund to assist
telecommunications providers in providing basic local telecommunications service at reasonable
rates in high cost rural areas on December 31, 2020; and (ii) served by a telecommunications
provider that is subject to rate regulation; and (b) any other exchange: (i) receiving support under
the Texas High Cost Universal Service Plan or the Small and Rural Incumbent Local Exchange
Company Universal Service Plan; and (ii) not excluded by PUC rule based on the number of
telecommunications providers serving the exchange, the population density in the exchange, and
the number of customers served per route mile of plant in service used to provide basic local
telecommunications service served by a small provider. (Effective immediately.)
H.B. 3215 (Geren/Hughes) – Energy Efficiency Building Standards: provides that Standard
301 of the American National Standard for the Calculation and Labeling of the Energy
Performance of Dwelling and Sleeping Units using an Energy Rating Index accredited energy
efficiency program, commonly cited as ANSI/RESNET/ICC 301, is in compliance with certain
state law provided that: (a) the building meets the mandatory requirements of Section R406.2 of
the 2018 International Energy Conservation Code; (b) the building’s thermal envelope is at least
equal to the levels of efficiency and solar heat gain coefficient in Table R402.1.2 or Table R402.1.4
of the 2018 International Energy Conservation Code; and (c) the standard used to measure
compliance for single-family residential construction uses a certain energy rating index depending
on climate zone. (Effective September 1, 2021.)
H.B. 3853 (Anderson/Perry) – Middle Mile Broadband Service: this bill, among other things:
(1) defines “middle mile broadband service” as the provision of excess fiber capacity on an electric
utility’s electric delivery system or other facilities to an Internet service provider to provide
broadband service, and provides that the term does not include the provision of Internet service to
end-use customers on a retail basis; (2) authorizes certain electric utilities, not including a
municipally owned utility, to own, construct, maintain, and operate fiber optic cables and other
facilities for providing middle mile broadband service in unserved and underserved areas; (3)
provides that if a city is already collecting a charge or fee from the electric utility for the use of the
public rights-of-way for the delivery of electricity to retail electric customers, the city may not
require a franchise, an amendment to a franchise, or an additional charge, fee, or tax from the
electric utility for the use of the public rights-of-way for middle mile broadband service; (4)
provides that if a city or local government is not already collecting a charge or fee from the electric
utility for the use of the public rights-of-way, the city may impose a charge on the provision of
middle mile broadband service, but the charge may not be greater than the lowest charge that the
city or local government imposes on other providers of broadband service for use of the public
rights-of-way in its jurisdiction; and (5) establishes a system by which an electric utility that plans
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a project to deploy middle mile broadband must submit a written plan to the Public Utility
Commission (PUC) for PUC approval. (Effective immediately.)
S.B. 4 (Buckingham/Burrows) – National Anthem: this bill provides that: (1) a governmental
entity, including a city, may not enter into an agreement with a professional sports team that
requires a financial commitment by the state or any governmental entity unless the agreement
includes a written verification that the professional sports team will play the United States national
anthem at the beginning of each team sporting event held at the team’s home venue or other facility
controlled by the team for the event; (2) a team’s failure to comply with the written verification
requirement in (1), above, for any team sporting event at the team’s home venue or other facility:
(a) constitutes a default of the agreement; (b) immediately subjects the team to any penalty the
agreement authorizes for default; and (c) may subject the team to debarment from contracting with
the state; and (3) the attorney general may intervene to enforce the provision in (1), above, if the
governmental entity fails to timely adhere to the default provision. (Effective September 1, 2021.)
S.B. 113 (West/Rodriguez) – Community Land Trusts: this bill, among other things: (1)
expands the type of nonprofit organizations that may constitute a community land trust; (2)
provides that, once adopted by the governing body of a taxing unit, certain community land trust
tax exemptions continue to apply to the property until the governing body rescinds the exemption
in the manner provided by law; and (3) imposes certain requirements on a chief appraiser who is
appraising land or a housing unit leased by a community land trust, including that the chief
appraiser use the income method of appraisal. (Effective September 1, 2021.)
S.B. 291 (Schwertner/Bucy) – Commercial Construction: requires a developer, as soon as
practicable after beginning construction of a commercial building project, to visibly post the
following information at the entrance to the construction site: (1) the name and contact information
of the developer; and, (2) a brief description of the project. (Effective September 1, 2021.)
S.B. 374 (Seliger/Shine) – Annexation of Rights-of-Way: this bill provides that: (1) 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: (a) contiguous and runs parallel to the city’s boundaries; and (b) contiguous to the
area being annexed; (2) a city may annex a right-of-way described under (1), above, only if: (a)
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; and (b) the owner of the right-of-way does
not submit a written objection to the city before the date of the proposed annexation; and (3) certain
width requirements do not apply to the annexation of a right-of-way under (1), above. (Effective
immediately.)
S.B. 500 (Miles/Rose) – Operating Boarding Home without License: this bill: (1) creates a
Class B misdemeanor offense for operating a boarding home facility without a permit; and (2)
provides that (1), above, only applies in a county or city that requires a permit to operate a boarding
home facility as authorized by certain state law. (Effective September 1, 2021.)
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S.B. 507 (Nichols/Anderson) – Broadband in State Rights-of-Way: requires the Texas
Transportation Commission to promulgate rules: (1) establishing an accommodation process that
authorizes broadband-only providers to use state highway rights-of-way, subject to highway
purposes, for: (a) new broadband facility installations; (b) additions to or maintenance of existing
broadband facility installations; (c) adjustments or relocations of broadband facilities; and (d)
existing broadband facilities retained within the rights-of-way; and (2) prescribing minimum
requirements for the accommodation, method, materials, and location for the installation,
adjustment, and maintenance of broadband facilities under the accommodation process. (Effective
immediately.)
S.B. 678 (Alvarado/Button) – Small Business Disaster Recovery Loans: requires the governor’s
Economic Development and Tourism Office by rule to establish a loan program to use money from
the small business disaster recovery revolving fund to provide financial assistance to small
businesses affected by a disaster. (Effective September 1, 2021.)
S.B. 804 (Menéndez/Cortez) – Tourism Public Improvement Districts: this bill: (1) authorizes
a city council to include property in a tourism public improvement district after establishment of
the district if: (a) the property is a hotel; and (b) a sufficient number of the record owners of the
real property currently included and proposed to be included in the district have consented to be
included in the district by signing the original petition to establish the district or by signing a
petition or written consent to include property in the district; (2) provides that no newly constructed
hotel property may be added to the district unless the record owner of the property consents to its
inclusion; and (3) provides that for purposes of (1)(b), above, the number of consenting record
owners is sufficient if the record owners own more than 60 percent of the appraised value of
taxable real property liable for assessment in the district and: (a) constitute more than 60 percent
of all record owners of taxable real property liable for assessment in the district; or (b) own, in
aggregate, more than 60 percent of the area of all taxable real property liable for assessment in the
district. (Effective immediately.)
S.B. 877 (Hancock/Morrison) – Building Inspections: this bill: (1) provides that, in an area of a
city subject to a disaster declaration by the governor or a declaration of local disaster, a building
inspection may be performed by a person: (a) other than the owner of the building, or a person
whose work is the subject of the inspection; and (b) who is: (i) certified to inspect buildings by the
International Code Council; (ii) employed as a building inspector by the city in which the building
is located; (iii) employed as a building inspector by any political subdivision, if the city in which
the building is located has approved the person to perform inspections during a disaster; or (iv) a
licensed engineer; (2) prohibits a city from collecting an additional inspection fee related to the
inspection of a building performed under (1), above; (3) provides that a person who performs an
inspection under (1), above, must comply with the city’s building regulations and policies, and not
later than the 30th day after the date of the inspection, provide notice to the city of the inspection;
and (4) allows a city to prescribe a reasonable format for the notice required in (3), above.
(Effective immediately.)
S.B. 1090 (Buckingham/Murr) – Building Materials: exempts the following from certain
regulations regarding the use of building products, materials, or methods used in the construction
or renovation of residential or commercial buildings: (1) a city, to the extent that the city regulates
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outdoor lighting for the purpose of reducing light pollution, that has adopted a resolution stating
the city’s intent to become certified as a Dark Sky Community that does not regulate outdoor
lighting in a manner that is more restrictive than the prohibitions or limitations required to become
certified as a Dark Sky Community; (2) a standard for a plumbing product required by an ordinance
or other regulation implementing certain water conservation plans or programs; (3) a standard for
a plumbing product imposed by the Texas Water Development Board as a condition for applying
for or receiving financial assistance under a program administered by the board; and (4) certain
land use restrictions contained in plats and other instruments in certain cities. (Effective September
1, 2021.)
S.B. 1168 (Campbell/C. Bell) – Extraterritorial Jurisdiction: in an area in a city’s
extraterritorial jurisdiction that has been disannexed under certain law or for which the city has
attempted and failed to obtain consent for annexation under certain law, this bill: (1) prohibits a
city from imposing a fine or fee on a person on the basis of an activity that occurs wholly in the
area, or the management or ownership of property located wholly in the area; and (2) provides that
the prohibition in (1), above, does not apply to a fine or fee for water, sewer, drainage, or other
related utility services. (Effective immediately.)
S.B. 1210 (Johnson/Oliverson) – Refrigerants: provides that a building code or other
requirement applicable to commercial or residential buildings or construction may not prohibit the
use of certain substitutes for hydrofluorocarbon refrigerants authorized under federal law.
(Effective January 1, 2023.)
S.B. 1269 (Whitmore/K. King) – Main Street: would amend current state law allowing cities to
participate in a main street program by modifying the program to include “communities” and their
historic neighborhood commercial districts rather than cities. (Effective September 1, 2021.)
S.B. 1338 (Zaffirini/Sanford) – Annexation/Development Agreements: this bill: (1) requires
that, at the time a city makes an offer to a landowner to enter into an agreement in which the
landowner consents to annexation or makes an offer to enter into a development agreement, the
city provide the landowner with a written disclosure: (a) that the landowner is not required to enter
into the agreement; (b) of the authority under which the city may annex the land with references
to relevant law; (c) with a plain-language description of the annexation procedures applicable to
the land; (d) whether the procedures require the landowner’s consent; and (e) with a statement
regarding the city’s waiver of immunity to suit; and (2) provides that a failure to provide the
disclosure in (1), above, makes the agreement void. (Effective September 1, 2021.)
S.B. 1465 (Hinojosa/Guillen) – Small and Rural Community Success Fund: this bill, among
other things, establishes the Texas small and rural community success fund to make loans to
economic development corporations (EDCs) for eligible EDC projects. (Effective immediately.)
S.B. 1585 (Hughes/Cyrier) – Historic Landmark: provides that: (1) a city may not designate a
property as a local historic landmark or include property within the boundaries of a local historic
district unless: (a) the owner of the property consents; or (b) if the property owner does not
consent, the governing body and the zoning, planning, or historical commission of the city
approve the designation or inclusion by a three-fourths vote; (2) a city that has more than one
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zoning, planning, or historical commission shall designate one of those commissions as the entity
with the exclusive authority to approve the designations of properties as local historic landmarks;
(3) property owned by a religious organization may be included in a local historic district only if
the organization consents to the inclusion; and (4) a city must, not later than the 15th day before
the date of the initial hearing in front of the zoning, planning, or historical commission, if any, or
the governing body of the municipality, provide the property owner a statement that describes
the impact that inclusion of the owner's property in a local historic district may have on the
owner and the owner’s property. (Effective September 1, 2021.)
Elections
H.B. 574 (Bonnen/Taylor) – Election Offenses: provides that a person commits a felony of the
second degree if the person knowingly or intentionally makes any effort to: (1) count votes the
person knows are invalid or alter a report to include votes the person knows are invalid; or (2)
refuse to count votes the person knows are valid or alter a report to exclude votes the person knows
are valid. (Effective September 1, 2021.)
H.B. 1128 (Jetton/Kolkhorst) – Election Bystanders: this bill: (1) authorizes the following
people to be lawfully present in a polling place during the time the presiding judge arrives there
on election day until the precinct returns have been certified and the election records assembled
for distribution following the election: (a) an election judge or clerk; (b) a watcher; (c) the secretary
of state; (d) a staff member of the Elections Division of the Office of the Secretary of State
performing an official duty; (e) an election official, a sheriff, or a staff member of an election
official or sheriff delivering election supplies; (f) a state inspector; (g) a person admitted to vote;
(h) a child under 18 years of age accompanying a parent who has been admitted to vote; (i) a
person providing authorized assistance to a voter; (j) a person accompanying a voter who has a
disability; (k) a special peace officer appointed by the presiding judge; (l) the county chair of a
political party conducting a primary election; (m) an authorized voting system technician; (n) the
county election officer as necessary to perform tasks related to the administration of the election;
or (o) a person whose presence has been authorized by the presiding judge; (2) authorizes the
following people to be lawfully present in the meeting place of an early voting ballot board during
the time of the board’s operation: (a) a presiding judge or member of the board; (b) a watcher; (c)
a state inspector; (d) an authorized voting system technician; (e) the county election officer, as
necessary to perform tasks related to the administration of the election; or (f) a person whose
presence has been authorized by the presiding judge; and (3) authorizes the following people to be
lawfully present in the central counting station while ballots are being counted: (a) a counting
station manager, tabulation supervisor, assistant to the tabulation supervisor, presiding judge, or
clerk; (b) a watcher; (c) a state inspector; (d) an authorized voting system technician; (e) the county
election officer, as necessary to perform tasks related to the administration of the election; or (f) a
person whose presence has been authorized by the counting station manager. (Effective September
1, 2021.)
H.B. 1264 (K. Bell/Springer) – Deceased Resident Report: the bill, among other things, requires
the local registrar of deaths to file each abstract of a death certificate with the voter registrar of the
decedent’s county of residence and the secretary of state as soon as possible, but not later than the
seventh day after the date the abstract is prepared. (Note: previous law required the local registrar
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to file the abstract with the voter registrar not later than the 10th day of the month following the
month in which the abstract was prepared.) (Effective September 1, 2021.)
H.B. 1382 (Bucy/Hughes) – Mail Ballot Tracking: requires the secretary of state to develop or
otherwise provide an online tool to each early voting clerk that enables a person who submits an
application for a ballot to be voted by mail to track the location and status of the person’s
application and ballot on the secretary’s Internet website and on the county’s Internet website if
the early voting clerk is the county clerk of a county that maintains an Internet website. (Effective
September 1, 2021.)
H.B. 1622 (Guillen/ Hughes) – Early Voting Reporting: this bill: (1) allows a person registered
to vote in the county where the early voting clerk is conducting early voting to submit a complaint
to the secretary of state stating that an early voting clerk has not delivered to the local canvassing
authority a report of the early voting votes cast not later than the time of the local canvass; (2)
requires the secretary of state to create and maintain a system for receiving and recording
complaints; and (3) requires the secretary of state to maintain a record indicating which counties
and early voting clerks have failed to comply with the requirements of early voting reporting.
(Effective September 1, 2021.)
H.B. 3107 (Clardy/Zaffirini) – Election Practices and Procedures: this bill, among many other
things: (1) provides that in the case of an election in which any members of a political subdivision’s
governing body are elected from territorial units such as single-member districts, the state laws
governing the election of unopposed candidates apply if each candidate for an office that is to
appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear
on the ballot; (2) requires the notice of a general or special election to state the internet website of
the authority conducting the election; (3) provides that an election services contract may not
change a political subdivision’s requirement to keep an election officer’s office open for election
duties for at least three hours each day, during regular office hours, on regular business days during
a specified period of time prior to election day and beginning not later than the 50th day before the
date of each general election of the political subdivision or the third day after the date a special
election is ordered by an authority of the political subdivision and ending not earlier than the 40th
day after election day; (4) expands the methods of notice that an election authority conducting the
drawing to order names of candidates on the ballot may use to notify candidates of the date, hour,
and place of the drawing to include telephone, email, and personal written notice; (5) requires an
election officer at the polling place to maintain a registration omissions list; (6) provides that if the
name of a voter who is offering to vote is not on the precinct list of registered voters, an election
officer may contact the voter registrar regarding the voter’s registration status; (7) provides that
provisional voting records are not available for public inspection until the first business day after
the date the early voting ballot board completes the verification and counting of provisional ballots
and delivers the provisional ballots and other provisional voting records to the general custodian
of election records; (8) provides that a voter’s defective ballot that is timely returned to the clerk
as a marked ballot must be treated as a marked ballot not timely returned if the corrected ballot is
timely returned as a marked ballot by the close of the polls on election day or as the voter's ballot
for the election if the corrected ballot is not timely returned by the close of the polls on election
day; (9) requires the authority with whom an application for a place on the ballot must be filed to
designate an email address in the notice of deadlines for filing an application for a place on the
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ballot; (10) provides that for cities conducting recall elections, a vacancy in an officer’s office
occurs on the date of the final canvass of a successful recall election; (11) provides that for an
election in which the territory served by the early voting clerk is situated in a county with a
population of 100,000 or more, or in an election in which the territory served by the clerk is situated
in more than one county and the sum of the populations of the counties is 100,000 or more, must
conduct early voting by personal appearance at each temporary branch polling place on the days
that voting is required to be conducted at the main early voting polling place and remain open for
at least: (a) eight hours each day; or (b) three hours each day if the city or county clerk does not
serve as the early voting clerk for the territory holding the election and the territory has fewer than
1,000 registered voters; and (12) provides that for an election in which the territory served by the
early voting clerk is situated in a county with a population under 100,000, or in an election in
which the territory served by the clerk is situated in more than one county and the sum of the
populations of the counties is under 100,000, voting at a temporary branch may be on any days
and during any hours of the period for early voting by personal appearance, as determined by the
authority establishing the temporary voting branch, and may also order early voting to be
conducted on a Saturday or Sunday at any one or more of the temporary branch polling places.
(Effective September 1, 2021.)
H.B. 4555 (Guillen/Hinojosa) – Eligibility for Public Office: this bill: (1) requires a candidate’s
application for a place on the ballot to include an indication that the candidate has either not been
finally convicted of a felony or, if so convicted, has been pardoned or otherwise released from the
resulting disabilities; (2) requires a candidate who has been convicted of a felony to include in the
candidate’s application for a place on the ballot proof that the candidate is eligible for public office;
and (3) creates a Class B misdemeanor offense for a person to knowingly provide false information
in an application for a place on the ballot regarding whether the person has been finally convicted
of a felony or has been pardoned or otherwise released from the resulting disabilities. (Effective
September 1, 2021.)
S.B. 598 (Kolkhorst/Jetton) – Auditable Voting Systems: provides, among other things, that:
(1) a voting system that consists of direct recording electronic voting machines may not be used
in an election unless the system is considered an “auditable voting system” that uses, creates, or
displays a paper record that may be read by the voter and is not capable of being connected to the
Internet or any other computer network or electronic device; (2) an authority that purchased a
voting system other than an auditable voting system after September 1, 2014, and before
September 1, 2021, may use available federal funding, and if federal funding is not available,
available state funding to convert the purchased voting system into an auditable voting system in
accordance with a specific schedule; (3) the requirement to use an auditable voting system in (1),
above, does not apply to an election held before September 1, 2026; (4) beginning September 1,
2026, a voting system may not be capable of being connected to any external or internal
communications network, including the Internet; (5) beginning September 1, 2026, a voting system
may not have the capability of permitting wireless communication; and (6) the secretary of state
may not waive certain requirements in the bill. (Effective September 1, 2021.)
S.B. 1111 (Bettencourt/Paul) – Residency: this bill, among other things, modifies the definition
of “residence” for purposes of elections to provide that: (1) a person may not establish residence
for the purpose of influencing the outcome of a certain election; (2) a person may not establish a
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residence at any place the person has not inhabited; and (3) a person may not designate a previous
residence as a home and fixed place of habitation unless the person inhabits the place at the time
of designation and intends to remain. (Effective September 1, 2021.)
S.B. 1116 (Bettencourt/Bucy) – Posting Election Information: requires, among other things,
that: (1) a city that holds an election and maintains an Internet website shall post on its public
website the following as soon as practicable after the election: (a) the results of each election; (b)
the total number of votes cast; (c) the total number of votes cast for each candidate or for or against
each measure; (d) the total number of votes cast by personal appearance on election day; (e) the
total number of votes cast by personal appearance or mail during the early voting period; and (f)
the total number of counted and uncounted provisional ballots cast; (2) information required to be
posted under (1), above, must be accessible without having to make more than two selections or
view more than two network locations after accessing the city’s Internet website home page; and
(3) not later than the 21st day before election day, a city that holds an election and maintains an
Internet website shall post on the public Internet website: (a) the date of the next election; (b) the
location of each polling place; (c) each candidate for an elected office on the ballot; and (d) each
measure on the ballot. (Effective September 1, 2021.)
S.B. 1387 (Creighton/Clardy) – Voting System: this bill provides that: (1) for a voting system
or voting system equipment to be approved for use in an election, the voting system must have
been manufactured, stored, and held in the United States and sold by a company whose: (a)
headquarters are located in the United States; and (b) parent company’s headquarters, if applicable,
are located in the United States; and (2) for a voting system or voting system equipment to be
considered manufactured in the United States as required in (1), above, final assembly of the voting
system or voting system equipment must have occurred in the United States and all firmware and
software must have been installed and tested in the United States. (Effective September 1, 2021.)
S.B. 1418 (Schwertner/Wilson) – Presiding Election Judge: provides that the presiding election
judge of the early voting ballot board may, at the discretion of the appropriate authority, be
compensated at a higher rate than presiding election judges. (Effective September 1, 2021.)
Emergency Management
H.B. 2211 (Metcalf/Perry) – In Person Hospital Visits: provides, among other things, that: (1)
during a qualifying period of disaster, a hospital may not prohibit in-person visitation with a patient
receiving care or treatment at the hospital unless federal law or a federal agency requires the
hospital to prohibit in-person visitation during that period; (2) a hospital may not prohibit in-person
visitation by a religious counselor with a patient who is receiving care or treatment at the hospital
and who is seriously ill or dying for a reason other than the religious counselor’s failure to comply
with a requirement by the hospital for the counselor to complete a health screening before entering
the hospital and wear personal protective equipment at all times while visiting a patient at the
hospital; and (3) in the event of a conflict between the provisions of the bill and any provision of
a qualifying official disaster order, the provisions of the bill prevail. (Effective September 1, 2021.)
S.B. 6 (Hancock/Leach) – Pandemic Liability: this bill, among other things, provides that:
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1. except in a case of reckless conduct or intentional, willful, or wanton misconduct, and
subject to other limited exceptions, a physician, health care provider, or first responder is
not liable for an injury, including economic and noneconomic damages, or death arising
from care, treatment, or failure to provide care or treatment relating to or impacted by a
pandemic disease or a disaster declaration issued by the president or governor related to a
pandemic disease, if the physician, health care provider, or first responder proves by a
preponderance of the evidence that:
a. a pandemic disease or disaster declaration related to a pandemic disease was a
producing cause of the care, treatment, or failure to provide care or treatment that
allegedly caused the injury or death; or
b. the individual who suffered injury or death was diagnosed or reasonably suspected
to be infected with a pandemic disease at the time of the care, treatment, or failure
to provide care or treatment;
2. the statutory provisions relating to liability of physicians, health care providers, and first
responders during a pandemic described in Number 1, above, do not constitute a waiver
of sovereign immunity of the state or governmental immunity of a political subdivision
and do not create a civil cause of action;
3. a person (including a governmental entity) is not liable for injury or death caused by
exposing an individual to a pandemic disease during a pandemic emergency unless the
claimant establishes that:
a. the person who exposed the individual:
i. knowingly failed to warn the individual of or remediate a condition that the
person knew was likely to result in the exposure of an individual to the
disease, provided that the person:
1. had control over the condition;
2. knew that the individual was more likely than not to come into
contact with the condition; and
3. had a reasonable opportunity and ability to remediate the condition
or warn the individual of the condition before the individual came
into contact with the condition; or
ii. knowingly failed to implement or comply with government-promulgated
standards, guidance, or protocols intended to lower the likelihood of
exposure to the disease that were applicable to the person or the person’s
business, provided that:
1. the person had a reasonable opportunity and ability to implement or
comply with the standards, guidance, or protocols; and
2. the person refused to implement or comply with or acted with
flagrant disregard of the standards, guidance, or protocols; and
3. the government-promulgated standards, guidance, or protocols that
the person failed to implement or comply with did not, on the date
that the individual was exposed to the disease, conflict with
government-promulgated standards, guidance, or protocols that the
person implemented or complied with; and
b. reliable scientific evidence shows that the failure to warn the individual of the
condition, remediate the condition, or implement or comply with the government-
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promulgated standards, guidance, or protocols was the cause in fact of the
individual contracting the disease;
4. a claimant must serve on the defendant, not later than the 120th day after the date a
defendant files an answer to a claim to which Number 3, above, applies:
a. a report authored by at least one qualified expert that provides a factual and
scientific basis for the assertion that the defendant’s failure to act caused the
individual to contract a pandemic disease; and
b. a curriculum vitae for each expert whose opinion is included in the report.
(Effective immediately.)
S.B. 239 (Powell/Collier) – Disaster Educational Materials: the bill: (1) requires the Department
of State Health Services (DSHS) to develop and implement a disease prevention information
system for dissemination of immunization information during a declared state of disaster or local
state of disaster; and (2) provides that during a declared state of disaster or local state of disaster,
DSHS shall ensure that educational materials regarding immunizations are available to local health
authorities for distribution to specified organizations. (Effective September 1, 2021.)
S.B. 863 (Blanco/Hull) – Residential Child Care Facilities: provides that, to the extent necessary
to comply with a state or local order during a state of disaster, the Health and Human Services
Commission may authorize a residential child-care facility to temporarily: (1) relocate to a new
location that is not stated in the facility’s license; or (2) provide care to one or more children at an
additional location that is not stated in the facility’s license. (Effective immediately.)
S.B. 967 (Kolkhorst/Klick) – Expiration of Public Health Orders: provides that a public health
order issued by a health authority that is imposed on more than one individual, animal, place, or
object expires on the fifteenth day following the date the order is issued unless, before the fifteenth
day: (1) the governing body of a city or the commissioners court of a county that appointed the
health authority by majority vote extends the order for a longer period; or (2) if the health authority
is jointly appointed by a city and county, the commissioner’s court of the county extends the order
for a longer period. (Effective September 1, 2021.)
S.B. 968 (Kolkhorst/Klick) – Public Health Disaster Preparedness: this bill, among other
things:
1. provides that the presiding officer of the governing body of a political subdivision may not
issue an order during a declared state of disaster or local disaster to address a pandemic
disaster that would limit or prohibit: (a) housing and commercial construction activities,
including related activities involving the sale, transportation, and installation of
manufactured homes; (b) the provision of governmental services for title searches, notary
services, and recording services in support of mortgages and real estate services and
transactions; (c) residential and commercial real estate services, including settlement
services; or (d) essential maintenance, manufacturing, design, operation, inspection,
security, and construction services for essential products, services, and supply chain relief
efforts;
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2. requires the Texas Department of Emergency Management (TDEM) to establish a process
for designating individuals who are included in the emergency assistance registry as
medically fragile, and collaborate with first responders, local governments, and local health
departments to conduct wellness checks on those individuals during certain events (e.g., a
disaster or power outage), as determined by TDEM;
3. provides that a wellness check under (2), above, must include an automated phone call, a
personalized call and, if the person is unresponsive to calls, an in-person check, and
requires each city to adopt procedures to conduct wellness checks in compliance with
minimum standards adopted by TDEM;
4. makes various changes to the Communicable Disease Prevention and Control Act,
including providing that: (a) the Department of State Health Services is the “preemptive
authority” for purposes of the Act, and shall collaborate with local elected officials to
prevent the spread of disease and protect the public health; and (b) a regional public health
disaster declaration or order must be filed with the county clerk or city secretary in each
area to which it applies, unless the circumstances prevent or impede the filing; and
5. provides that a governmental entity may not issue a vaccine passport, vaccine pass, or other
standardized documentation to certify an individual’s COVID-19 vaccination status to a
third party for a purpose other than health care or otherwise publish or share any
individual’s COVID-19 immunization record or similar health information for a purpose
other than health care.
(Effective immediately.)
Municipal Courts
H.B. 80 (J. Johnson/Whitmire) – Municipal Court: provides, when fines and costs are being
imposed on a defendant under the conservatorship of the Department of Family and Protective
Services or in extended foster care, that a municipal judge: (1) may not require a defendant to pay
any amount of fines and costs; and (2) may require the defendant to perform community services
to discharge fines and costs if the fines and costs are not waived. (Effective September 1, 2021.)
H.B. 569 (Sanford/West) – Misdemeanor Fines: provides, among other things, that in imposing
a fine and costs in a case involving a misdemeanor punishable by a fine only, the justice or judge
shall credit the defendant for any time the defendant was confined in jail or prison while serving a
sentence for another offense at a rate of $150 for each day of confinement if that confinement
occurred after the commission of the misdemeanor. (Effective September 1, 2021.)
H.B. 788 (Geren/Zaffirini) – Court Program: expands the definition of a public safety
employee, for the purpose of participating in a public safety employee treatment court program, to
include an emergency service dispatcher. (Effective September 1, 2021.)
H.B. 1071 (Harris/Whitmire) – Animals in Court: allows a qualified facility dog or qualified
therapy animal in certain court proceedings. (Effective September 1, 2021.)
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H.B. 1693 (Shaheen/Miles) – Financial Responsibility: this bill: (1) authorizes a justice or
municipal court to access the financial responsibility verification program to verify financial
responsibility for the purpose of court proceedings; and (2) requires the costs associated with
accessing the verification program to be paid out of the county treasury by order of the
commissioners’ court or the municipal treasury by order of the governing body of the municipality,
as applicable. (Effective immediately.)
H.B. 3774 (Leach/Huffman) – Municipal Court Pleas: provides, among many other things, that:
(1) a judge may not accept a plea of guilty or plea of nolo contendere from a defendant in open
court unless it appears to the judge that the defendant is mentally competent and the plea is free
and voluntary; (2) the Texas Forensic Science Commission (commission) must adopt a code of
professional responsibility and rules establishing sanctions for code violations to regulate the
conduct of persons, laboratories, facilities, and other entities regulated by the state; (3) the
commission is authorized to initiate an investigation of a forensic analysis or a forensic
examination or test not subject to accreditation without receiving a complaint (former state law
allowed for educational purposes); (4) a “forensic analyst” or “forensic science expert” is a
professional service subject to the Professional Services Procurement Act; and (5) a “protective
order” is defined to include an order issued by a court in this state to prevent sexual assault or
abuse, stalking, trafficking, or other harm to an applicant. (Effective September 1, 2021, except
that certain provisions creating new judicial district or statutory county courts have special
effective dates.)
H.B. 4293 (Hinojosa/Zaffirini) – Court Reminder Program: this bill: (1) authorizes the Office
of Court Administration of the Texas Judicial System, or the judges of the county courts, statutory
county courts, and district courts with jurisdiction over criminal cases in each county, to partner
with cities and local law enforcement agencies to allow: (a) individuals to whom a peace officer
issues a citation and releases to receive text message reminders of scheduled court appearances;
and (b) criminal defendants in municipal court to receive text message reminders of scheduled
court appearances; and (2) requires any city that partners with the Office of Court Administration
of the Texas Judicial System to pay all costs of sending reminders to municipal criminal
defendants, including the costs of linking the municipal court database with the state court
administrator database. (Effective September 1, 2021.)
S.B. 41 (Zaffirini/Leach) – Court Costs: this bill consolidates, allocates and increases certain
state civil court costs to be used for the following: (1) to support a statewide electronic filing
technology project for courts in this state; (2) to provide grants to counties to implement
components of the project; or (3) to support court technology projects that have a statewide impact
as determined by the office of court administration. (Effective January 1, 2022.)
S.B. 49 (Zaffirini/Murr) – Defendants with Mental Illness or Intellectual Disability: provides
revisions to criminal trial and sentencing procedures, including procedures for magistrates, relating
to a defendant who may have a mental illness or who may be a person with an intellectual
disability, makes revisions to competency restoration programs, and sets out provisions relating to
outpatient treatment program participation for civilly committed individuals. (Effective September
1, 2021.)
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S.B. 1373 (Zaffirini/White) – Municipal Courts: provides that: (1) any officer authorized to
collect a fine, reimbursement or other fee, or item of cost may request the trial court in which a
criminal action or proceeding was held to make a finding that a fine, reimbursement or other fee,
or item of cost imposed in the action or proceeding is uncollectible if the officer believes: (a) the
defendant is deceased; (b) the defendant is serving a sentence for imprisonment for life or life
without parole; (c) the fine, reimbursement or other fee, or item of cost has been unpaid for at least
15 years; or (d) the fine, reimbursement or other fee, or item of cost is otherwise uncollectible; and
(2) a court may order the officer described in (1), above, to designate a fine, reimbursement or
other fee, or item of cost as uncollectible in the fee record. (Effective September 1, 2021.)
Open Government
H.B. 872 (Bernal/Menéndez) – Confidentiality of Government-Operated Utility Customer
Information: this bill provides that: (1) information is excepted from disclosure under the Public
Information Act if it is information maintained by a government-operated utility that: (a) discloses
whether services have been discontinued, or reveals whether an account is delinquent or eligible
for disconnection by the government-operated utility; or (b) is collected as part of an advanced
metering system for usage, services, and billing, including amounts billed or collected for utility
usage, except that all such information is to be made available to that customer or their designated
representative if the information directly relates to utility services provided to the customer and is
not confidential under law; (2) a government-operated utility may not disclose personal and utility
usage information for government operated utility customers unless the customer requests that the
government-operated utility disclose such information on an appropriately marked form or other
written request for disclosure (Note: former law made personal information and utility usage
information confidential only if the customer elected to keep the information confidential on a
form provided by the government-operated utility); and (3) a government-operated utility must
provide notice of the customer’s right to request disclosure of personal and utility usage
information, along with the form to elect for disclosure, in each customer’s utility bill or on the
government-operated utility’s website. (Effective immediately.)
H.B. 1082 (P. King/Zaffirini) – Public Information: provides that: (1) with regard to information
a city holds as an employer, the home address, home telephone number, emergency contact
information, social security number, and personal family information of an elected public officer,
is excepted from the Public Information Act, regardless of whether the elected officer complies
with certain requirements to elect the information be kept confidential; (2) with regard to
information contained in records maintained by the city in any capacity, an elected public officer’s
home address, home telephone number, emergency contact information, date of birth, social
security number, and family member information is excepted from the Public Information Act if
the elected officer elects to keep the information confidential; and (3) elected public officers are
added to the list of individuals who may choose to restrict public access to certain information in
appraisal records. (Effective immediately.)
S.B. 244 (Bettencourt/Campos) – Tax Increment Reinvestment Zone: makes the board of
directors of a tax reinvestment zone subject to the Open Meetings Act. (Effective September 1,
2021.)
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S.B. 841 (Hughes/Schaefer) – Public Information: adds certain honorably retired law
enforcement positions to the personal information exceptions of the Public Information Act and
the confidentiality of home address section in the tax appraisal statute. (Effective immediately.)
S.B. 858 (Johnson/Davis) – Public Information: provides: (1) that the following personal
identifying information collected by a metropolitan rapid transit authority, regional transportation
authority, municipal transit department, or coordinated county transportation authority is
confidential and not subject to public disclosure: (a) trip data, including the time, date, origin, and
destination of a trip, and demographic information collected when the person purchases a ticket or
schedules a trip; and (b) other personal information, including financial information; and (2)
personal identifying information described in (1), above, may be disclosed to a governmental
agency or institution of higher education if the requestor confirms in writing that the use of the
information will be strictly limited to use in research or in producing statistical reports, but only if
the information is not published, redisclosed, sold, or used to contact any individual. (Effective
Immediately.)
S.B. 1225 (Huffman/Paddie) – Temporary Suspension of TPIA: this bill, among other things,
provides that: (1) for purposes of suspending the requirements of the Texas Public Information
Act (TPIA), during a catastrophe, the term “catastrophe” does not mean a period when staff is
required to work remotely and can access information responsive to an application for information
electronically, but the physical office of the governmental body is closed; (2) a governmental body
may suspend the requirements of the TPIA only once for each catastrophe; (3) a governmental
body may suspend the requirements of the TPIA if the governmental body is currently significantly
impacted by a catastrophe such that the catastrophe directly causes the inability of a governmental
body to comply with the TPIA; (4) a governmental body that initiates a suspension period may not
initiate another suspension period related to the same catastrophe, except for a single extension
period, and that the combined suspension period for a governmental body may not exceed a total
of 14 consecutive calendar days with respect to any single catastrophe; (5) if a governmental body
closes its physical offices, but requires staff to work, including remotely, then the governmental
body shall make a good faith effort to continue responding to applications for public information,
to the extent staff have access to public information responsive to an application, while its
administrative offices are closed; and (6) failure to respond to requests in accordance with (5),
above, may constitute a refusal to request an attorney general's decision or a refusal to supply
public information or information that the attorney general has determined is public information
that is not excepted from required disclosure. (Effective September 1, 2021.)
Other Finance and Administration Bills
H.B. 29 (Swanson/Hughes) – Temporary Weapon Storage: this bill: (1) allows a political
subdivision to provide a person temporary secure weapon storage when entering a building or
portion of a building used by the political subdivision that is generally open to the public and in
which carrying a firearm, knife, club or other weapon is prohibited by state law or the political
subdivision; (2) allows weapon storage to be provided via self-service weapon lockers or other
temporary secure weapon storage operated at all times by a designated employee of the political
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subdivision; (3) allows a political subdivision to collect a fee of not more than $5 for the use of a
self-service weapon locker or other temporary secure weapon storage; and (4) addresses how a
political subdivision must handle an unclaimed weapon. (Effective September 1, 2021.)
H.B. 525 (Shaheen/Hall) – Religious Organizations: this bill: (1) provides that a religious
organization is an essential business at all times, including during a declared state of disaster, and
the organization’s religious and other related activities are essential activities, even if the activities
are not listed as essential in an order issued during the disaster; (2) provides that a governmental
entity may not: (a) at any time, including during a declared state of disaster, prohibit a religious
organization from engaging in religious and other related activities or continuing to operate in the
discharge of the organization’s foundational faith-based mission and purpose; or (b) during a
declared state of disaster order a religious organization to close or otherwise alter the
organization’s purposes or activities; and (3) authorizes a person and the attorney general to seek
certain relief for a violation of the prohibition in (2). (Effective immediately.)
H.B. 604 (Noble/Zaffirini) – Animal Shelter: requires that, as soon as practicable after an animal
is placed in the custody of an animal shelter, the shelter scan the animal to determine whether a
microchip is implanted in the animal. (Effective September 1, 2021.)
H.B. 624 (Shine/Campbell) – Offense Against Public Servant: increases the criminal penalty
for certain offenses committed in retaliation for, or on account of, a person’s service or status as a
public servant. (Effective September 1, 2021.)
H.B. 636 (S. Thompson/Whitmire) – Texas State Board of Plumbing Examiners: this is the
Texas State Board of Plumbing Examiners sunset bill. The bill, among other things, continues the
functions of the Texas State Board of Plumbing Examiners through September 1, 2027. (Effective
immediately.)
H.B. 957 (Oliverson/Springer) – Firearm Suppressors (Silencers): this bill: (1) prohibits a city
council or an officer, employee, or other body that is part of a city (including a police department)
from: (a) adopting a rule, order, ordinance, or policy under which the city enforces, or by consistent
action allows the enforcement of, a federal statute, order, rule, or regulation that purports to
regulate a firearm suppressor if the statute, order, rule, or regulation imposes a prohibition,
restriction, or other regulation that does not exist under Texas law; and (b) enforcing or attempting
to enforce any federal statute, order, rule, or regulation described in (1)(a); (2) provides that a
violation of the prohibition in (1) may be enforced by denying certain state grant funds to the city;
(3) authorizes any citizen residing in the jurisdiction of a city to file a complaint with the attorney
general if the citizen offers evidence to support an allegation that the city violated the prohibition
in (1); (4) authorizes the attorney general, upon receipt of a valid citizen complaint, to file a writ
of mandamus or seek other equitable relief to compel a city to comply with the requirements in
the bill, and allows the attorney general to recover reasonable expenses in obtaining such relief;
and (5) removes the prohibition in state law against possessing a firearm suppressor, and provides
that any pending criminal action for that offense is dismissed on the effective date of the bill.
(Effective September 1, 2021.)
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H.B. 1118 (Capriglione/Paxton) – Cybersecurity: provides that: (1) a local government
employee or official that uses a computer to complete at least 25 percent of the employee or
official’s required duties shall complete a cybersecurity training certified by the state cybersecurity
coordinator and the state’s cybersecurity council; (2) the governing body of a local government or
the governing body’s designee may deny access to the local government's computer system or
database to an individual identified as one that is required to take cybersecurity training and is
noncompliant with that requirement; (3) to apply for certain state grants (submitted on or after
September 1, 2021), a local government must submit with its grant application proof of compliance
with the cybersecurity training requirements; and (4) a local government that has not complied
with the cybersecurity training requirements must repay the grant and will be ineligible for another
grant for two years. (Effective immediately.)
H.B. 1239 (Sanford/Paxton) – Religious Freedom: this bill provides that: (1) for purposes of a
disaster declared under Texas Disaster Act of 1975, the Texas Religious Freedom Restoration Act
is not considered a regulatory statute and may not be suspended; and (2) a government agency or
public official may not issue an order that closes or has the effect of closing places of worship.
(Effective immediately.)
H.B. 1256 (Ashby/Huffman) – Specialty Court Funding: requires the comptroller to deposit one
percent of both the mixed beverage gross receipts tax and the mixed beverage sales tax to the credit
of the specialty court account. (Effective September 1, 2021.)
H.B. 1276 (Parker/Springer) – Food Service Establishments: this bill: (1) allows a food service
establishment that holds a permit to sell food other than prepared food directly to consumers if the
food: (a) is labeled with any information required by the Health and Human Services Commission;
(b) is appropriately inspected and bears an official mark of USDA inspection, if the food is meat
or poultry; and (c) is properly refrigerated, if applicable; and (2) prohibits a city or public health
district from requiring a food service establishment that sells food directly to an individual
consumer to obtain a food manufacturer license or permit if the establishment complies with the
requirements in (1) and is not required to hold a food manufacturer license or permit under other
state law. (Effective immediately.)
H.B. 1322 (Shaheen/Zaffirini) – Proposed State Agency Rules: requires that a state agency
required to file notice of a proposed rule with the secretary of state must also publish on the
agency’s Internet website a summary of the proposed rule written in plain language, in both
English and Spanish, that the general public, including individuals with limited English
proficiency, can readily understand because the language is concise and well-organized. (Effective
September 1, 2023.)
H.B. 1410 (Murphy/Creighton) – Water Districts: among other things, provides that: (1) when
a city consents to the inclusion of land in a water district it may restrict the purposes for which a
district may issue bonds to those purposes authorized by law for the district; and (2) the outstanding
principal amount of debt obligations issued to finance a recreational facility in a water district may
not exceed three percent of: (a) the value of the taxable property in the district; or (b) under certain
circumstances, the value of the taxable property in the district making payments to a political
subdivision under a contract. (Effective immediately.)
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H.B. 1493 (Herrero/Hinojosa) – Falsely Implying Governmental Affiliation: provides: (1) that
a governmental unit, including a city, is entitled to enjoin another person’s use of an entity name
that falsely implies governmental affiliation with the governmental unit; (2) that in an action
brought under (1), the governmental unit is entitled to injunctive relief throughout the state, and in
the court’s discretion, reasonable attorney’s fees and court costs if a court finds that the person
against whom injunctive relief is sought willfully intended to imply governmental affiliation with
the governmental unit; and (3) procedures that the Secretary of State shall follow when a filing
entity or foreign filing entity uses a name that falsely implies an affiliation with a governmental
entity. (Effective September 1, 2021.)
H.B. 1500 (Hefner/Creighton) – Firearm Regulation: this bill: (1) provides that the Texas
Disaster Act of 1975 does 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; (2) provides that the governor may not, during a state
of disaster, suspend or limit the sale, dispensing, or transportation of explosives or combustibles
that are components of firearm ammunition; (3) provides that a directive issued during a state of
emergency may not prohibit or restrict the business or operations of a firearms or ammunition
manufacturer, distributor, wholesaler, supplier, or retailer or a sport shooting range; and (4)
removes certain express statutory authority of a city to regulate the use of firearms, air guns, or
knives in the case of an insurrection, riot, or natural disaster. (Effective September 1, 2021.)
H.B. 1540 (S. Thompson/Huffman) – Offenses: this bill: (1) adds drink solicitation to the list of
acts or offenses that can trigger an automatic denial of certain alcoholic beverage permits or
licenses if specific circumstances occurred and the application was made within a specified time
period; (2) provides that if a law enforcement agency has reason to believe an activity related to
prostitution or illegal massage services has occurred at property that is leased to a person operating
a massage establishment, the law enforcement agency may provide written notice of the alleged
activity, instead of an arrest, to each person maintaining the property; (3) provides that in an action
brought to abate certain common nuisances, a court may award a prevailing party reasonable
attorney’s fees in addition to costs incurred in bringing the action; (4) provides that proof in the
form of an arrest or testimony from a law enforcement agent of activities relating to prostitution at
a massage establishment taking place after the notice described in (2) is provided serves as prima
facie evidence that a defendant did not make a reasonable attempt to abate activities relating to
prostitution; (5) provides that proof that illegal massage services are committed at a place
maintained by the defendant after notice described in (2) is provided to the defendant is prima
facie evidence that the defendant knowingly tolerated the activity and did not make a reasonable
attempt to abate the activity; (6) provides that, for purposes of (4) and (5), notice is considered to
be provided to the defendant on the earlier of: (a) seven days after the postmark date of the notice;
or (b) the date the defendant actually received notice; (7) provides that a person or enterprise
commits racketeering if, for financial gain, the person or enterprise commits an offense related to
trafficking of persons; (8) provides that a sex offender who is placed under community supervision
may not go in, on, or within 1,000 feet, of certain child-care facilities operating as residential
treatment centers; (9) provides that the penalty for certain offenses related to controlled substances
is enhanced to a felony of the third degree if it shown that the offense was committed by any
unauthorized person 18 years of age or older, in, on, or within 1,000 feet of premises owned,
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rented, or leased by certain child-care facilities operating as residential treatment center; and (10)
provides that the commissioners court of a county or governing body of a city may establish a first
offender solicitation of prostitution prevention program for defendants charged with the offense of
solicitation of prostitution. (Effective September 1, 2021.)
H.B. 1560 (Goldman/Buckingham) – Texas Department of Licensing and Regulation:
provides for the continuation and functions of the Texas Department of Licensing and Regulation
and, among other things: (1) deregulates (no longer licenses) polygraph examiners; and (2)
eliminates certain court-ordered driver education programs. (Effective September 1, 2021, except
as otherwise provided.)
H.B. 1920 (Capriglione/Springer) – Weapons at Airport: this bill: (1) provides that it is a
defense to prosecution for the offense of carrying a weapon in a prohibited place that the actor was
authorized by a federal agency or an airport operator to possess a firearm in a secured area; and
(2) includes in the definition of “secured area” of an airport terminal building an aircraft parking
area that is used by common carriers in air transportation, but not by general aviation, and to which
access is controlled under federal law (the term does not include a baggage claim area, a motor
vehicle parking area used by passengers, employees, or persons awaiting an arrival, or an area used
by the public to pick up or drop off passengers or employees). (Effective September 1, 2021.)
H.B. 1925 (Capriglione/Buckingham) – Camping in Public: this bill:
1. creates a Class C misdemeanor criminal offense for a person who intentionally or
knowingly camps in a public place without the effective consent of the officer or agency
having the legal duty or authority to manage the public place;
2. provides that consent given by an officer or agency of a political subdivision is not effective
for the purposes of (1), unless given to authorize the person to camp for certain recreational,
homeless shelter, beach access, and emergency shelter purposes;
3. provides that an ordinance, order, rule, or other regulation adopted by a state agency or
political subdivision relating to prohibiting camping in a public place or affecting the
authority of a state agency or political subdivision to adopt or enforce an ordinance, order,
rule, or other regulation relating to prohibiting camping in a public place is not preempted
if the ordinance, order, rule, or other regulation: (a) is compatible with and equal to or more
stringent than the offense in (1); or (b) relates to an issue not specifically addressed by the
offense created in (1);
4. requires that, before or at the time a peace officer issues a camping in public citation, the
peace officer make a reasonable effort to: (a) advise the person of an alternative place at
which the person may lawfully camp; and (b) contact, if reasonable and appropriate, an
appropriate official of the political subdivision in which the public place is located, or an
appropriate nonprofit organization operating within that political subdivision, and request
the official or organization to provide the person with: (i) information regarding the
prevention of human trafficking; or (ii) any other services that would reduce the likelihood
of the person suspected of committing the offense continuing to camp in the public place;
5. provides that the requirement in (4), above, does not apply when a peace officer determines
there is an imminent threat to the health or safety of a person and compliance is
impracticable;
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6. provides that if a person is arrested or detained solely for a public camping offense, the
peace officer must ensure that all of the person’s personal property not designated as
contraband under other law is preserved by: (a) permitting the person to remove all the
property from the public place at the time of the person’s departure; or (b) taking custody
of the property and allowing the person to retrieve the property after the person is released
from custody;
7. prohibits a political subdivision from designating a property to be used by homeless
individuals to camp unless the Department of Housing and Community Affairs approves
a plan to do so, and provides that the Department may not approve a plan if the property is
a public park;
8. prohibits a local entity from adopting or enforcing a policy under which the entity prohibits
or discourages the enforcement of any public camping ban;
9. provides that, in compliance with (8), a local entity may not prohibit or discourage a peace
officer or prosecuting attorney who is employed by or otherwise under the direction or
control of the entity from enforcing a public camping ban;
10. authorizes the attorney general to bring an action in a district court in Travis County or in
a county in which the principal office of the entity is located to enjoin a violation of (8),
and provides the attorney general may recover reasonable expenses, including court costs,
reasonable attorney’s fees, investigative costs, witness fees, and deposition costs;
11. provides that a local entity may not receive state grant funds for the state fiscal year
following the year in which a final judicial determination in an action brought under (10)
is made that the entity has intentionally violated (8);
and
12. provides that a local entity that has not violated (8) may not be denied state grant funds,
regardless of whether the entity is a part of another entity that is in violation of (8).
(Effective September 1, 2021.)
H.B. 2025 (Hunter/Huffman) – Federal Census: this bill, among other things, provides that,
until September 1, 2023, a statute that applies to a political subdivision having a certain population
according to the most recent federal census: (1) continues to apply to the same political
subdivisions to which the statute applied under the 2010 federal census, regardless of whether the
political subdivisions continue to have the populations prescribed by the statute according to the
2020 federal census; and (2) does not apply to a political subdivision to which the statute did not
apply under the 2010 federal census, regardless of whether the political subdivision has the
population prescribed by the statute according to the 2020 federal census. (Effective immediately.)
H.B. 2205 (Romero/Schwertner) – Swimming Pools: this bill, among other things, provides that:
(1) pool safety standards adopted by rule by the Department of State Health Services must comply
with a version of the International Swimming Pool and Spa Code that is not older than the version
in effect on May 1, 2019; (2) a person may use, maintain, and repair a pool or spa that was in
compliance with the laws of this state on August 31, 2021, and related mechanical, electrical, and
plumbing systems in accordance with the laws applicable to the pool or system on that date; (3) a
municipality may adopt a more recent version of the International Swimming Pool and Spa Code
than in (1) to apply in the municipality; and (3) to the extent a provision of a code adopted by a
municipality under (2) conflicts with a law of this state or a regulation on pool operation and
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management, water quality, safety standards unrelated to design and construction, signage, or
enclosures, the law or regulation controls. (Effective September 1, 2021.)
H.B. 2622 (Holland/Hall) – Firearm Regulation: this bill provides that: (1) notwithstanding any
other law, an agency of this state, a political subdivision of this state, or a law enforcement officer
or other person employed by an agency of this state or a political subdivision of this state may not
contract with or in any other manner provide assistance to a federal agency or official with respect
to the enforcement of a federal statute, order, rule, or regulation that: (a) imposes a prohibition,
restriction, or other regulation that does not exist under the laws of Texas; and (b) relates to: (i) a
registry requirement for a firearm, a firearm accessory, or ammunition; (ii) a requirement that an
owner of a firearm, a firearm accessory, or ammunition possess a license as a condition of owning,
possessing, or carrying the firearm, firearm accessory, or ammunition; (iii) a requirement that a
background check be conducted for the private sale or transfer of a firearm, a firearm accessory,
or ammunition; (iv) a program for confiscating a firearm, a firearm accessory, or ammunition from
a person who is not otherwise prohibited by the laws of Texas from possessing the firearm, firearm
accessory, or ammunition; or (v) a program that requires an owner of a firearm, a firearm
accessory, or ammunition to sell the firearm, firearm accessory, or ammunition; (2) the prohibition
in (1) does not apply to a federal statute, order, rule or regulation in effect on January 19, 2021;
and (3) a violation of the prohibition in (1) may be enforced: (a) by denying certain state grant
funds to the political subdivision; and (b) through certain court action by the attorney general that
is initiated by citizen complaint. (Effective September 1, 2021.)
H.B. 2730 (Deshotel/Kolkhorst) – Eminent Domain: makes several changes to the eminent
domain process. Of primary importance to cities, the bill:
1. requires the attorney general, at least once every two years, to evaluate the landowner’s bill
of rights statement and make any change to the landowner’s bill of rights statement that
the attorney general determines necessary, including making a change to the writing style
of the statement to ensure the statement is written in plain language designed to be easily
understood by the average property owner;
2. provides that a person may not receive state certification to buy, sell, lease, or transfer an
easement or right-of-way for another for compensation in connection with
telecommunication, utility, railroad, or pipeline service unless the person successfully
completes at least 16 classroom hours of coursework approved by the Texas Real Estate
Commission in:
a. the law of eminent domain, including the rights of property owners;
b. appropriate standards of professionalism in contacting and conducting negotiations
with property owners; and
c. ethical considerations in the performance of right-of-way acquisition services;
3. provides that an entity with eminent domain authority makes a bona fide offer when the
entity’s initial offer to a property owner is made in writing and includes:
a. a copy of the landowner’s bill of rights statement;
b. a statement, in bold print and a larger font than the other portions of the offer,
indicating whether the compensation being offered includes:
i. damages to the remainder, if any, of the property owner’s remaining
property; or
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ii. an appraisal of the property, including damages to the remainder, if any,
prepared by a certified appraiser;
c. an instrument of conveyance; and
d. the name and telephone number of a representative of the entity who is:
i. an employee of the entity;
ii. an employee of an affiliate providing services on behalf of the entity;
iii. a legal representative of the entity; or
iv. if the entity does not have employees, an individual designated to represent
the day-to-day operations of the entity;
4. requires that an entity that files a condemnation petition must concurrently provide a copy
of the petition to the property owner by certified mail, return receipt requested, and first
class mail;
5. provides that if an entity has received written notice that the property owner is represented
by counsel, the entity must also concurrently provide a copy of the condemnation petition
to the property owner’s attorney by first class mail, commercial delivery service, fax, or
email;
6. requires the judge of a court in which a condemnation petition is filed or to which an
eminent domain case is assigned to, not later than the 30th calendar day after the date the
petition is filed, appoint three disinterested real property owners who reside in the county
as special commissioners, and appoint two disinterested real property owners who reside
in the county as alternate special commissioners;
7. provides that each party shall have until the later of ten calendar days after the date of the
order appointing the special commissioners, or 20 days after the date the petition was filed
to strike one of the three special commissioners, in which case an alternate special
commissioner shall serve as a replacement for the special commissioner based on the order
that the alternate special commissioners are listed in the initial order of appointment;
8. provides that if a party exercises a strike under Number 7, above, the other party may, by
the later of the third day after the date of filing the initial strike or the date of the initial
strike deadline, strike a special commissioner from the resulting panel, provided the other
party has not earlier exercised a strike;
9. entitles each party in an eminent domain proceeding to a copy of the court’s order
appointing special commissioners; and
10. requires the court to promptly provide the signed order appointing special commissioners
to the party initiating the condemnation proceeding, and that party must: (a) provide a copy
of the signed order to the property owner and each other party by certified mail, return
receipt requested; and (b) if the entity has received written notice that the property owner
is represented by counsel, concurrently provide a copy of the signed order to the property
owner’s attorney by first class mail, commercial delivery service, fax, or email.
(Effective January 1, 2022.)
H.B. 3069 (Holland/Hughes) – Statute of Limitations on Claims: this bill: (1) requires a
governmental entity to bring suit for damages for certain claims against: (a) a registered or licensed
architect, engineer, interior designer, or landscape architect in this state, who designs, plans, or
inspects the construction of an improvement to real property or equipment attached to real
property, not later than eight years after the substantial completion of the improvement or the
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beginning of operation of the equipment in an action arising out of a defective or unsafe condition
of the real property, the improvement, or the equipment; and (b) a person who constructs or repairs
an improvement to real property not later than eight years after the substantial completion of the
improvement in an action arising out of a defective or unsafe condition of the real property or a
deficiency in the construction or repair of the improvement; and (2) excepts from (1): (a) a contract
entered into by the Texas Department of Transportation; (b) a project that receives money from
the state highway fund or a federal fund designated for highway and mass transit spending; and
(c) a civil works project. (Effective immediately.)
H.B. 3340 (Swanson/Bettencourt) – Dangerous Dogs: this bill provides that: (1) any order to
destroy a dog is stayed for a period of ten calendar days from the date the order is issued, during
which period the dog’s owner may file a notice of appeal; and (2) a court, including a justice court,
may not order the destruction of a dog during the pendency of an appeal related to a dangerous
dog, including an order to destroy a dangerous dog and an order determining that a dog is a
dangerous dog. (Effective September 1, 2021.)
H.B. 3583 (Paddie/Hinojosa) – Energy Savings Performance Contracts: this bill: (1) limits the
scope of an energy savings performance contract by, among other things, excluding from the term
“energy savings performance contract” the design or new construction of a water supply project,
water plant, wastewater plant, water and wastewater distribution or conveyance facility, or
drainage project; (2) prohibits modifying the scope of an energy savings performance contract for
a water supply project, water plant, wastewater plant, water and wastewater distribution or
conveyance facility, or drainage project through a change order, contract addendum, or other
method: (a) to perform work that is not related to, connected with, or otherwise ancillary to the
measures identified in the original scope of an energy savings performance contract; or (b) in a
way that increases the price of the original awarded contract by more than 25 percent of the original
contract value; and (3) provides that a contract entered into or an arrangement made in violation
of certain state law governing energy savings performance contracts is voidable as against public
policy, and that the state law may be enforced through an action for declaratory or injunctive relief
filed not later than the 10th day after the date the contract is awarded. (Effective immediately.)
H.B. 3584 (Murr/Buckingham) – Historical Monuments: provides: (1) notwithstanding any
other law, a monument, marker, or medallion installed by the Texas Historical Commission is state
property solely under the commission’s custody and control and may not be altered, removed,
relocated, covered, obscured, or concealed without the express written permission of the
commission; (2) that the attorney general may file suit in district court to seek civil penalties in of
not less than $50 nor more than $1,000 for each day of violation and equitable relief in accordance
with current state law against a person who violates this amendment; (3) a presumption that if a
person commits a violation on more than one day, that the person committed a violation on each
intervening day between the days of violation; and (4) a waiver of governmental immunity for any
county, city, or other political subdivision to the extent liability is created under (1). (Effective
September 1, 2021.)
H.B. 3786 (Holland/Nelson) – Electronic Submission to Comptroller: among other things, this
bill authorizes the comptroller, after providing notice, to require a document, payment, notice,
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report, or other item required to be submitted to the comptroller to be submitted electronically.
(Effective September 1, 2021.)
H.B. 3807 (Hunter/Hinojosa) – Lifeguards: among other things, provides that as part of the duty
to clean and maintain the condition of public beaches, a city shall: (1) during reasonable daylight
hours from Memorial Day to Labor Day, provide: (a) occupied lifeguard towers or mobile
lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of
Mexico that is located within the corporate boundaries; or (b) a single occupied lifeguard tower or
mobile lifeguard unity at each pier, jetty, or other structure that protrudes into the Gulf of Mexico
that tis located within the corporate boundaries if the single tower provides and unobstructed view
of both sides of the structure;(2) post within 100 yards of each side of each structure described by
(1) signs clearly describing the dangerous water conditions that may occur near the structure; and
(3) the city may suspend or alter these duties during dangerous weather conditions or emergency
operations. (Effective September 1, 2021.)
H.B. 3897 (S. Thompson/Birdwell) – Local Alcohol Permit Fees: provides that the fee that a
city may levy and collect for a brewer’s license or a brewer’s self-distribution license may not
exceed 50 percent of the fee set by rule for the license. (Effective September 1, 2021.)
H.B. 3898 (Anchia/Huffman) – Public Retirement Systems Funding: provides, among other
things, that: (1) an evaluation of the appropriateness, adequacy, and effectiveness of a public
retirement system’s investment practices and performance that is required to be conducted by an
independent firm must include: (a) a summary of the firm’s experience in evaluating institutional
investment practices and performance and a statement that the firm’s experience meets the required
experience; (b) a statement indicating the nature of any existing relationship between the
independent firm and the public retirement system and confirming that the firm and any related
entity are not involved in directly or indirectly managing the investments of the system; (c) a list
of the types of remuneration received by the independent firm from sources other than the public
retirement system for services provided to the system; (d) a statement identifying any potential
conflict of interest or any appearance of a conflict of interest that could impact the analysis
included in the evaluation due to an existing relationship between the independent firm and: (i) the
public retirement system; or (ii) any current or former member of the governing body of the
system; and (e) an explanation of the firm’s determination regarding whether to include a
recommendation for specific evaluation matters; (2) a public retirement system shall conduct the
evaluation described by (1): (a) once every three years, if the total assets of the retirement system
as of the last day of the preceding fiscal year were at least $100 million; or (b) once every six
years, if the total assets of the retirement system as of the last day of the preceding fiscal year were
at least $30 million and less than $100 million; (3) a public retirement system is not required to
conduct the evaluation described by (1) if the total assets of the retirement system as of the last
day of the preceding fiscal year were less than $30 million; (4) a governmental entity that is the
employer of active members of a public retirement system evaluated under (1) may pay all or part
of the costs of the evaluation, and the public retirement system shall pay any remaining unpaid
costs of the evaluation; (5) the governing body of a public retirement system and, if the system is
not a statewide retirement system, its associated governmental entity shall: (a) jointly, if
applicable: (i) develop and adopt a written funding policy that details a plan for achieving a funded
ratio of the system that is equal to or greater than 100 percent; and (ii) timely revise the policy to
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reflect any significant changes to the policy, including changes required as a result of formulating
and implementing a funding soundness restoration plan; (b) post a copy of the most recent edition
of the policy on a publicly available Internet website; (6) a public retirement system shall notify
the associated governmental entity in writing if the system receives an actuarial valuation
indicating that the system’s actual contributions are not sufficient to amortize the unfunded
actuarial accrued liability within 30 years; and (7) instances in which the governing body of a
public retirement system and the governing body of the associated governmental entity shall jointly
formulate a funding soundness restoration plan, including a revised funding soundness restoration
plan. (Effective September 1, 2021.)
H.B. 4107 (Burrows/Kolkhorst) – Eminent Domain by a Common Carrier Pipeline: this bill:
(1) requires a common carrier or its employees, contractors, agents, or assigns to, before entering
property for the purpose of making a preliminary survey to be used in the exercise of the power of
eminent domain, provide the property owner with: (a) written notice of the carrier’s intent to enter
the property; and (b) an indemnification provision in favor of the property owner with respect to
damages, if any, resulting from the survey; (2) provides that notice and indemnification provided
under (1), above: (a) must be provided to the property owner not later than the second day before
the date of entry to the property; (b) must include the phone number of a person whom the property
owner may contact regarding any questions or objections the property owner has relating to the
survey, and (c) may be provided by first class mail, e-mail, personal delivery to an adult living on
the property, or by any other method of service authorized by the Texas Rules of Civil Procedure;
and (3) imposes various restrictions on access to the property for which notice is required under
(1), above. (Effective September 1, 2021.)
H.B. 4346 (Leman/Springer) – Firearm Regulation: this bill: (1) prohibits an instrument
granting an access easement from restricting or prohibiting an easement holder or an easement
holder’s guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over
the servient estate while using the easement for the easement’s purpose; (2) prohibits the owner of
a servient estate from enforcing a restrictive covenant in an instrument granting an access easement
over the servient estate that restricts or prohibits the easement holder or the easement holder’s
guest from possessing, carrying, or transporting a firearm or an alcoholic beverage over the
servient estate while using the easement for the easement’s purpose; and (3) provides that the
prohibitions in (1) and (2) do not apply to a right-of-way easement for a pipeline, electric
transmission line, or other utility. (Effective September 1, 2021.)
S.B. 73 (Miles/Klick) – Local Health Departments: this bill: (1) defines a local public health
entity as including a local health unit, a local health department, and a public health district; and
(2) requires the executive commissioner of Health and Human Services Commission to establish
a separate provider type for a local public health entity for purposes of enrollment as a provider
for and reimbursement under the medical assistance program. (Effective September 1, 2021.)
S.B. 149 (Powell/Goldman) – Unmanned Aircraft: in relation to the prosecution of the offense
of operating an unmanned aircraft over certain facilities, this bill adds to the definition of the term
“critical infrastructure facility” a: (1) public or private airport depicted in a current aeronautical
chart published by the Federal Aviation Administration; and (2) military installation owned or
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operated by the federal government, the state, or another governmental entity. (Effective
September 1, 2021.)
S.B. 157 (Perry/Craddick) – Eminent Domain Reporting Requirements: this bill: (1) exempts
a city with a population of less than 25,000 from eminent domain reporting requirements if the
city’s eminent domain authority information has not changed from the information reported in the
city’s most recently filed report; and (2) provides that for a city described by (1), above, if the
city’s eminent domain authority information is the same as the information in the eminent domain
database from the previous reporting period, the city, not later than February 1 of the current
reporting period, shall confirm the accuracy of the information by electronically updating the city’s
previously filed report with the comptroller. (Effective September 1, 2021.)
S.B. 454 (Kolkhorst/Lambert) – Local Mental Health Authority: this bill, among other things,
requires the Health and Human Services Commission to require each local mental health authority
group to meet at least quarterly to collaborate on planning and implementing regional strategies to
reduce: (1) costs to local governments of providing services to persons experiencing a mental
health crisis; (2) transportation to mental health facilities of persons served by an authority that is
a member of the group; (3) incarceration of persons with mental illness in county jails that are
located in an area served by an authority that is a member of the group; and (4) visits by persons
with mental illness at hospital emergency rooms located in an area served by an authority that is a
member of the group. (Effective immediately.)
VETOED S.B. 474 (Lucio/Collier) – Unlawful Restraint of Dog: this bill: (1) prohibits and
creates a criminal offense for the unlawful restraint of a dog; and (2) provides that the prohibition
in (1) does not preempt a local regulation relating to the restraint of a dog or affect the authority
of a political subdivision to adopt or enforce an ordinance or requirement relating to the restraint
of a dog if the regulation, ordinance, or requirement: (a) is compatible with and equal to, or more
stringent than, the prohibition; or (b) relates to an issue not specifically addressed by the
prohibition. (Effective September 1, 2021.)
S.B. 475 (Nelson/Capriglione) – Cybersecurity: this bill, among other things: (1) requires the
Department of Information Resources (DIR) to establish a framework for regional cybersecurity
working groups to execute mutual aid agreements that allow state agencies, local governments,
and others to assist with responding to a cybersecurity event in the state; (2) requires DIR to
establish the Texas volunteer incident response team to provide rapid response assistance to any
participating entity (which could include a city) under DIR’s direction during a cybersecurity
event; (3) authorizes DIR to establish a regional network security center to assist in providing
cybersecurity support and network security to certain entities (including cities) that elect to
participate in and contract for services through such a center; (4) makes confidential and excepted
from disclosure under the Public Information Act information written, produced, collected,
assembled, or maintained by DIR, a participating entity, the cybersecurity council, or a volunteer
relating to the response team if the information: (a) contains the contact information of a volunteer;
(b) identifies or provides a means of identifying a person who may, as a result of disclosure of the
information, become a victim of a cybersecurity event; (c) consists of a participating entity’s
cybersecurity plans or cybersecurity-related practices; or (d) is obtained from a participating entity
or from a participating entity's computer system in the course of providing assistance through the
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team; and (5) includes robotic process automation among the next generation technologies a local
government must consider using in the administration of the government. (Effective September 1,
2021.)
S.B. 617 (Kolkhorst/Wilson) – Farmers’ Markets: this bill: (1) provides that a permit issued to
a farmer or food producer for the sale of food directly to consumers: (a) must be valid for a term
of not less than one year; (b) may impose an annual fee in an amount not to exceed $100 for the
issuance or renewal; and (c) must cover sales at all locations the holder is authorized to sell food,
including farmers’ markets, farm stands, and farms; and (2) creates a cause of action for a farmer
or food producer whose permit does not comply with (1) to recover: (a) the amount the farmer or
food producer was charged in excess of the annual fee; and (b) reasonable and necessary attorney’s
fees. (Effective September 1, 2021.)
S.B. 700 (Buckingham/Cyrier) – Texas Parks and Wildlife Department: this is the Texas Parks
and Wildlife Department sunset bill. The bill, among other things, continues the functions of the
Texas Parks and Wildlife Department until September 1, 2033. (Effective September 1, 2021.)
S.B. 703 (Buckingham/Canales) – Texas Department of Agriculture: this is the Texas
Department of Agriculture sunset bill. The bill, among other things: (1) continues the department
until 2033; and (2) repeals: (a) the Rural Foundation; (b) the Rural Health & Economic
Development Advisory Council; and (c) the Early Childhood Health and Nutrition Interagency
Council. (Effective September 1, 2021.)
S.B. 705 (Lucio/Cyrier) – Animal Health Commission: this is the Texas Animal Health
Commission sunset bill. The bill continues the commission until 2033. (Effective September 1,
2021.)
S.B. 721 (Schwertner/Leman) – Eminent Domain: provides that an entity seeking to acquire
property through the use of eminent domain shall, not later than the third business day before the
date of a special commissioner’s hearing, disclose to the property owner any and all current and
existing appraisal reports produced or acquired by the entity relating specifically to the owner’s
property and used in determining the entity’s opinion of value, if an appraisal report is to be used
at the hearing. (Effective September 1, 2021.)
S.B. 725 (Schwertner/Leman) – Eminent Domain: provides that: (1) land qualifies for appraisal
for property tax purposes as agricultural land if a portion or parcel of the land is subject to a right
of way that is less than 200 feet wide and that was taken by condemnation if the remainder of the
parcel of land qualifies for appraisal as agricultural land; and (2) if additional taxes are due because
the land is diverted to a nonagricultural use as a result of a condemnation, the additional taxes and
interest are the personal obligation of the condemning entity and not the property owner from
whom the property was taken. (Effective September 1, 2021.)
S.B. 726 (Schwertner/Leman) – Eminent Domain: this bill, among other things, in relation to a
property owner’s right to repurchase property from a condemning entity: (1) eliminates as
available elements to establish “actual progress” on a project: (a) the acquisition of a tract or parcel
of real property adjacent to the property for the same public use project for which the owner’s
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property was acquired; and (b) for a governmental entity, the adoption by a majority of the entity's
governing body at a public hearing of a development plan for a public use project that indicates
that the entity will not complete more than one tolling action before the tenth anniversary of the
date of acquisition of the property; and (2) requires three of five remaining elements to be met to
establish actual progress. (Effective September 1, 2021.)
S.B. 780 (Hinojosa/Raymond) – Intergovernmental Agreements: allows a local government to
enter into an intergovernmental support agreement with a branch of the armed forces of the United
States under the National Defense Authorization Act to provide installation-support services to a
military installation located in Texas. (Effective immediately.)
S.B. 790 (Zaffirini/Howard) – Ambulance Balance Billing: provides that: (1) a county or city
may elect to consider a health benefit plan payment towards a claim for air or ground ambulance
services provided by the county or city as payment in full for those services regardless of the
amount the county or city charged for those services; (2) a county or city may not practice balance
billing for a claim for which the county or city makes an election described in (1); and (3) the
Texas Department of Insurance shall conduct a study on the balance billing practices of ground
ambulance service providers, the variations in prices for ground ambulance services, the
proportion of ground ambulances that are in-network, trends in network inclusion, and factors
contributing to the network status of ground ambulances. (Effective September 1, 2021.)
S.B. 798 (Nelson/Neave) – Family Violence: this bill, among other things, allows a victim of
dating violence, a victim of family violence, or a child of a victim of dating or family violence, to
request, without payment of a fee, a certified copy of the individual’s birth record. (Effective
September 1, 2021.)
S.B. 911 (Hancock/Burrows) – Third-Party Food Delivery Service: this bill, among other
things: (1) defines “third-party food delivery service” as a website, mobile application, or other
service that acts as an intermediary between consumers and multiple restaurants not owned or
operated by the service to arrange for the delivery or pickup of food or beverages from those
restaurants; (2) preempts a city or county from adopting or enforcing an ordinance or regulation
that affects the terms of an agreement that meets the requirements of (3) between a third-party food
delivery service and a restaurant; and (3) provides that an agreement between a third-party food
delivery service and a restaurant must: (a) be in writing; (b) expressly authorize the service to
arrange for the delivery or pickup of food or beverages from that restaurant; and (c) clearly state
each fee, including a commission or other charge, that the restaurant will be required to pay to the
service or absorb in connection with an order arranged through the service. (Effective January 1,
2022.)
S.B. 1122 (Zaffirini/Holland) – Comptroller Contracts for Travel Services: this bill, among
other things, prohibits the comptroller from charging a city a fee if a city officer or employee who
is engaged in official city business participates in the comptroller’s contract for travel services for
the purpose of obtaining reduced airline fares and reduced travel agent fees. (Effective
immediately.)
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S.B. 1642 (Creighton/Canales) – Navigation Districts: this bill, among other things, authorizes
a navigation district to respond to and fight a fire or explosion or hazardous material incident that
occurs on, or adjacent to, a waterway, channel, or turning basin that is located in the district’s
territory, regardless of whether the waterway, channel, or turning basin is located in the corporate
limits of a city. (Effective immediately.)
S.B. 1827 (Huffman/Holland) – Opioid Abatement Account: this bill, among other things: (1)
defines “statewide opioid settlement agreement” as all settlement agreements and related
documents entered into by Texas through the attorney general, political subdivisions that have
brought a civil action for an opioid-related harm claim against an opioid manufacturer, distributor,
or retailer, and opioid manufacturers, distributors, or retailers relating to illegal conduct in the
marketing, promotion, sale, distribution, and dispensation of opioids that provide relief for Texas
and political subdivisions of Texas; (2) requires the attorney general and comptroller to maintain
a copy of a statewide opioid settlement agreement, including any amendments to the agreement,
and make the copy available on the attorney general’s and comptroller’s Internet websites; (3)
establishes the Texas Opioid Abatement Fund Council to ensure that money recovered by Texas
through a statewide opioid settlement agreement is allocated fairly and spent to remediate the
opioid crisis in Texas by using efficient and cost-effective methods that are directed to regions of
Texas experiencing opioid-related harms; (4) provides that the executive commissioner of the
Health and Human Services Commission shall appoint the regional members for the council in (3)
from a list of two qualified candidates provided by the governing bodies of counties and cities that:
(a) brought a civil action for an opioid-related harm against a released entity; (b) released an
opioid-related harm claim in a statewide opioid settlement agreement; and (c) are located within
the regions for which the member is being appointed; (5) creates the opioid abatement account as
a dedicated account in the general revenue fund administered by the comptroller, which may be
appropriated only to a state agency for the abatement of opioid-related harms; and (6) establishes
the opioid abatement trust fund as a trust fund established outside of the state treasury that is
administered by the Texas Treasury Safekeeping Trust Company. (Effective immediately.)
S.B. 1955 (Taylor/Burrows) – Learning Pods: this bill, among other things: (1) exempts any
“learning pod” (defined as group of children who, based on the voluntary association of the
children’s parents, meet together at various times and places to participate in or enhance the
children’s primary or secondary academic studies, including participation in an activity or service
provided to the children in exchange for payment) from any ordinance, rule, regulation, policy, or
guideline adopted by a local governmental entity that applies to a school district campus or child-
care facility, including any requirements regarding staff-to-child ratios, staff certification,
background checks, physical accommodations, or building or fire codes; (2) exempts any group,
building, or facility associated with or used by a learning pod from any ordinance, rule, regulation,
policy, or guideline adopted by a local governmental entity that would not apply to the group,
building, or facility if it was not associated with or used by a learning pod; (3) provides that an
employee, contractor, or agent of a school district or other local governmental entity may not
initiate or conduct a site inspection of, investigation of, or visit to a location in which a learning
pod meets if the district or entity would not have initiated or conducted the inspection,
investigation, or visit if the learning pod did not meet at that location; and (4) prohibits a school
district or other local governmental entity from requiring: (a) a learning pod to be registered with
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the district or entity; or (b) a person participating in a learning pod to report to the district or entity
information regarding the learning pod ’s existence or operation. (Effective immediately.)
S.J.R. 27 (Hancock/Leach) – Religious Services: amends the Texas Constitution to prohibit the
state or a political subdivision of the state from enacting, adopting, or issuing a statute, order,
proclamation, decision, or rule that prohibits or limits religious services by a religious organization
established to support and serve the propagation of a sincerely held religious belief. (Effective if
approved at the election on November 2, 2021.)
Personnel
H.B. 7 (Button/Nelson) – Unemployment Compensation: provides that for purposes of
calculating the replenishment ratio, the amount of benefits charged or paid shall not include the
amount of benefits paid and not effectively charged to an employer’s account as a result of an
order or proclamation by the governor declaring at least 50 percent of the counties in this state to
be in a state of disaster or emergency. (Effective immediately.)
H.B. 786 (Oliverson/Perry) – CPR Training: provides that a city that employs or appoints a
telecommunicator shall provide training to the telecommunicator of not less than 20 hours during
each 24-month period of employment that includes: (1) telecommunicator cardiopulmonary
resuscitation training; and (2) other topics selected by the Texas Commission on Law Enforcement
or the employing city. (Effective September 1, 2021.)
H.B. 792 (Burns/Birdwell) – Police Dispatchers: provides that: (1) a city with a population of
more than 10,000 may adopt an alternate work schedule for the police department dispatchers if
a majority of the dispatchers vote in favor of the alternate work schedule; and (2) a dispatcher
working under an alternate work schedule described in (1) is entitled to overtime pay if the
dispatcher works more hours during a calendar month than the number of hours in the normal work
month of the majority of the employees of the city other than fire fighters and police officers.
(Effective September 1, 2021.)
H.B. 1589 (Davis/Menéndez) – Paid Military Leave: provides that: (1) a person who is an officer
or employee of the state, a city, a county, or another political subdivision and who is a member of
the Texas military forces, a reserve component of the armed forces, or a member of a state or
federally authorized urban search and rescue team is entitled to paid leave of absence for each day
the person is called to state active duty by the governor or another appropriate authority in response
to a disaster, not to exceed seven workdays in a fiscal year; and (2) during the leave of absence
described in (1), the person may not be subjected to loss of time, efficiency rating, personal time,
sick leave, or vacation time. (Effective September 1, 2021.)
H.B. 2073 (Burrows/Springer) – Paid Quarantine Leave: provides that: (1) the governing body
of a political subdivision, including a city, shall develop and implement a paid quarantine leave
policy for fire fighters, peace officers, detention officers, and emergency medical technicians who
are employed by, appointed by, or elected for the political subdivision and ordered to quarantine
or isolate due to a possible or known exposure to a communicable disease while on duty; (2) a paid
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quarantine leave policy must: (a) provide that a fire fighter, peace officer, detention officer, or
emergency medical technician on paid quarantine leave receives: (i) all employment benefits and
compensation, including leave accrual, pension benefits, and health benefit plan benefits for the
duration of the leave; and (ii) reimbursement for reasonable costs related to the quarantine,
including lodging, medical, and transportation; and (b) require that the leave be ordered by the
person’s supervisor or the political subdivision’s health authority; and (3) a political subdivision
may not reduce a fire fighter’s, peace officer’s, detention officer’s, or emergency medical
technician’s sick leave balance, vacation leave balance, holiday leave balance, or other paid leave
balance in connection with paid quarantine leave taken in accordance with a policy adopted (1).
(Effective immediately.)
S.B. 22 (Springer/Patterson) – Disease Presumption: provides, among other things, that:
1. a detention officer, custodial officer, firefighter, peace officer, or emergency medical
technician who suffers from severe acute respiratory syndrome coronavirus 2 (SARS-CoV-
2) or coronavirus disease 2019 (COVID-19) that results in death or total or partial disability
is presumed to have contracted the virus or disease during the course and scope of
employment as a detention officer, custodial officer, firefighter, peace officer, or
emergency medical technician if the detention officer, custodial officer, firefighter, peace
officer, or emergency medical technician:
a. is employed in the area designated in a disaster declaration by the governor or
another law and the disaster is related to severe acute respiratory syndrome SARS-
CoV-2 or COVID-19; and
b. contracts the disease during the disaster declared by the governor;
2. the presumption under (1) applies only to a person who:
a. is employed as a detention officer, custodial officer, firefighter, peace officer, or
emergency medical technician on a full-time basis;
b. is diagnosed with SARS-CoV-2 or COVID-19:
i. using a test authorized, approved, or licensed by the United States Food and
Drug Administration; or
ii. if the person is deceased, using a test described by (2)(b)(i) or by another
means, including by a physician;
c. was last on duty:
i. not more than 15 days before the date the person is diagnosed with SARS-
CoV-2 or COVID-19; or
ii. if the person is deceased, not more than 15 days before the date the person:
(A) was diagnosed with SARS-CoV-2 or COVID-19; (B) began to show
symptoms of SARS-CoV-2 or COVID-19 as determined by a licensed
physician; (C) was hospitalized for symptoms related to SARS-CoV-2 or
COVID-19; or (D) died if SARS-CoV-2 or COVID-19 was a contributing
factor in the person’s death;
3. a rebuttal to a presumption described in (1) may not be based solely on evidence relating
to the risk of exposure to SARS-CoV-2 or COVID-19 of a person with whom a detention
officer, custodial officer, firefighter, peace officer, or emergency medical technician
resides;
4. an injured employee who is subject to the presumption described in (1) and whose claim
for benefits is determined to be compensable by an insurance carrier or division of the
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workers’ compensation of the Texas Department of Insurance, may request reimbursement
for health care paid by the employee, including copayments and partial payments, by
submitting to the carrier a legible written request and documentation showing the amounts
paid to the health care provider;
5. the provisions of (1)-(4) expire on September 1, 2023;
6. a person subject to the presumption described in (1) who on or after the date the governor
declared a disaster relating to SARS-CoV-2 or COVID-19, but before the effective date of
this bill, contracted SARS-CoV-2 or COVID-19, may file a claim for benefits related to
SARS-CoV-2 or COVID-19, on or after the effective date of the bill, regardless of whether
that claim is otherwise considered untimely and the provisions of the bill apply to that
claim; and
7. a person who is subject to the presumption described in (1) who on or after the date the
governor declared a disaster relating to SARS-CoV-2 or COVID-19, but before the
effective date of this bill, filed a claim for benefits related to SARS-CoV-2 or COVID-19,
and whose claim was subsequently denied may, on or after the effective date of this bill,
request in writing that the insurance carrier reprocess the claim and the changes in law
made by this bill shall apply to that claim, and such request to reprocess a claim shall be
filed not later than one year after the effective date of this bill.
(Effective immediately.)
S.B. 24 (Huffman/Bonnen) – Police Pre-Employment Procedures: provides that:
1. a law enforcement agency hiring a police officer is entitled to view the contents of the
officer’s departmental civil service personnel file (commonly referred to as the “g” file);
2. before a law enforcement agency may hire a person licensed by the Texas Commission on
Law Enforcement (TCOLE), the agency must, on a form and in the manner prescribed by
TCOLE:
a. obtain the person’s written consent for the agency to review the information
required to be reviewed;
b. request from TCOLE and any other applicable person information required to be
reviewed; and
c. submit to TCOLE confirmation that the agency, to the best of the agency’s ability
before hiring the person:
i. contacted each entity or individual necessary to obtain the information
required to be reviewed under; and
ii. obtained and reviewed as related to the person, as applicable:
A. personnel files and other employee
B. records from each previous law enforcement agency employer,
including the employment application submitted to the previous
employer;
C. employment termination reports maintained by TCOLE;
D. service records maintained by TCOLE;
E. proof that the person meets the minimum qualifications for
enrollment in a TCOLE training program;
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F. a military veteran’s United States Department of Defense Form DD-
214 or other military discharge record;
G. criminal history record information;
H. information on pending warrants as available through the Texas
Crime Information Center and National Crime Information Center;
I. evidence of financial responsibility required to operate a vehicle;
J. driving record from the Department of Public Safety;
K. proof of United States citizenship; and
L. information on the person’s background from at least three personal
references and at least two professional references;
3. if an entity or individual contacted for information required to be reviewed refused to
provide the information or did not respond to the request for information, the confirmation
submitted to TCOLE must document the manner of the request and the refusal or lack of
response;
4. if TCOLE or a law enforcement agency receives from a law enforcement agency a request
for information and the person’s consent on the forms and in the manner prescribed by
TCOLE, TCOLE or the agency shall provide the information to the requesting agency;
5. the confirmation form submitted to TCOLE under (2)(c) is not confidential and is subject
to disclosure under the Public Information Act;
6. TCOLE shall:
a. by rule establish the required forms and procedures for making a person’s
employment records available;
b. post the forms and procedures on TCOLE’s internet website; and
c. retain a record of each submitted confirmation form;
7. the head of a law enforcement agency or the agency head’s designee shall review and sign
each required confirmation form before submission to TCOLE, and the failure of an agency
head or the agency head’s designee to comply shall be grounds for suspension of the agency
head’s TCOLE license; and
8. a law enforcement agency, agency head, or other law enforcement official is not liable for
civil damages for:
a. a report made by that agency or person if the report is made in good faith; or
b. making a person’s information available to a hiring law enforcement agency under
the provisions of this bill.
(Effective September 1, 2021.)
S.B. 45 (Zaffirini/Zwiener) – Sexual Harassment: provides that an employer commits an
unlawful employment practice if sexual harassment of an employee occurs and the employer or
the employer’s agents or supervisors: (1) know or should have known that the conduct constituting
sexual harassment was occurring; and (2) fail to take immediate and appropriate corrective action.
(Effective September 1, 2021.)
S.B. 818 (Powell/C. Turner) - Unemployment Compensation: provides that: (1) benefits
computed on benefit wage credits of an employee or former employee may not be charged to the
account of an employer if the employee’s last separation from the employer’s employment before
the employee’s benefit year was caused by the employee being called to provide service in the
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uniformed services or in the Texas military forces, provided that the employer has not been found
to be in violation of federal or state reemployment provisions with respect to the employee; and
(2) an individual is not disqualified for unemployment benefits if the individual’s separation from
employment was caused by the individual being called to provide services in the uniformed
services or the Texas military forces. (Effective September 1, 2021.)
S.B. 1105 (Hughes/Anchia) – TMRS Return To Work: provides, among other things, that: (1)
the retirement annuity of a person who is reemployed by a city in which the employee most
recently performed creditable service before the person’s retirement shall not be suspended,
provided that the person does not become an employee of the person’s reemploying city at any
time during the 12 consecutive months after the effective date of the person’s last retirement from
the reemploying city; and (2) if the annuity payments of a person who resumed employment with
the person’s reemploying city before September 1, 2021, were discontinued and suspended and
the person has not terminated their employment with the city, on the filing of a written application
with the Texas Municipal Retirement System (TMRS), TMRS shall resume making the annuity
payments to the person, provided: (a) the person’s retirement that preceded the resumption of
employment was based on a bona fide termination of employment; and (b) the person did not
become an employee of the person’s reemploying city at any time during the 12 consecutive
months after the effective date of the person’s retirement from the reemploying city. (Effective
September 1, 2021.)
S.B. 1359 (Hughes/White) – Mental Health Leave Policy: provides among other things, that:
(1) each law enforcement agency shall develop and adopt a policy allowing the use of mental
health leave by peace officers employed by the agency who experience a traumatic event in the
scope of that employment; and (2) the policy adopted under (1) must: (a) provide clear and
objective guidelines establishing the circumstances under which a peace officer is granted mental
health leave and may use mental health leave; (b) entitle a peace officer to mental health leave
without a deduction in salary or other compensation; (c) enumerate the number of mental health
leave days available to a peace officer; and (d) detail the level of anonymity for a peace officer
who takes mental health leave. (Effective September 1, 2021.)
Purchasing
H.B. 692 (Shine/Creighton) – Public Works Contracts Retainage: this bill provides that:
1. “warranty period” means the period of time specified in a contract during which certain
terms applicable to the warranting of work performed under the contract are in effect;
2. a governmental entity shall: (a) include in each public works contract a provision that
establishes the circumstances under which: (i) a public works project is considered
substantially complete; (ii) the governmental entity may release the retainage for
substantially completed portions of the project, or fully completed and accepted portions
of the project; (b) maintain an accurate record of accounting for the retainage withheld on
periodic contracts payments, and the retainage released to the prime contractor for a public
works contract; and (c) for certain public works contracts with a value of $10 million or
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more, pay any remaining retainage on periodic contract payments, and the interest earned
on the retainage, to the prime contractor on completion of the contract;
3. if the total value of a public works contract is less than $5 million, a governmental entity
may not withhold retainage in an amount that exceeds 10 percent of the contract price and
the rate of retainage may not exceed 10 percent for any item in a bid schedule or schedule
of values for the project, including materials and equipment delivered on site to be
installed;
4. if the total value of a public works contract is $5 million or more, a governmental entity
may not withhold retainage in an amount that exceeds five percent of the contract price and
the rate of retainage may not exceed five percent for any item in a bid schedule or schedule
of values for the project, including materials and equipment delivered on site to be
installed;
5. if a public works contract relates to the construction or maintenance of a dam, regardless
of the total value of the contract, a governmental entity may not withhold retainage in an
amount that exceeds 10 percent of the contract price and the rate of retainage may not
exceed 10 percent for any item in a bid schedule or schedule of values for the project,
including materials and equipment delivered on site to be installed;
6. the limitations described in (3)-(5), above, do not apply to certain water contracts;
7. for a competitively awarded contract with a value of $10 million or more, and for a contract
that was awarded using a method other than competitive bidding, a governmental entity
and prime contractor may agree to deposit in an interest-bearing account the retainage
withheld on periodic contract payments;
8. a governmental entity may not withhold retainage: (a) after completion of the contract by
the prime contractor, including during the warranty period; or (b) for the purpose of
requiring the prime contractor, after completion of the contract, to perform work on
manufactured goods or systems that were specified by the designer of record and properly
installed by the contractor;
9. on application to a governmental entity for final payment and release of retainage, the
governmental entity may withhold retainage if the governmental entity provides written
notice and there is a bona fide dispute between the governmental entity and the prime
contractor and the reason for the dispute is that labor, services, or materials provided by
the prime contractor, or by a person under the direction or control of the prime contractor,
failed to comply with the express terms of the contract or if the surety on any outstanding
surety bond executed for the contract does not agree to the release of retainage; and
10. if there is no bona fide dispute as described (9), above, and neither party is in default, a
prime contractor is entitled to: (a) cure any noncompliant labor, services, or materials; or
(b) offer the governmental entity a reasonable amount of money as compensation for any
noncompliant labor, services, or materials that cannot be promptly cured.
(Effective immediately.)
H.B. 1428 (Huberty/Huffman) – Contingent Fee Contracts: excepts the following types of
contingent fee contracts for legal services from certain requirements: (1) a contract entered into by
a political subdivision for the collection of certain delinquent obligations; and (2) a contract
entered into by a political subdivision for certain public security services. (Effective September 1,
2021.)
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H.B. 1476 (K. Bell/Nichols) – Goods and Services Payments: this bill: (1) requires a
governmental entity to notify a vendor of an error or disputed amount in an invoice submitted for
payment by the vendor not later than the 21st day after the date the entity receives the invoice, and
include in the notice a detailed statement of the amount of the invoice which is disputed; and (2)
provides that a governmental entity may withhold from payments required no more than 110
percent of the disputed amount. (Effective September 1, 2021.)
VETOED H.B. 1477 (K. Bell/Nichols) – Public Work Contracts: this bill: (1) defines, for
purposes of certain state laws regarding public work performance and payment bonds: (a) a “prime
contractor” to include a person who leases any public property, other than a person who leases
property from certain river authorities; and (b) a “public work contract” to include work performed
on public property owned by a governmental entity or on property leased by a governmental entity
to a nongovernmental entity, but does not include certain river authority contracts; and (2) provides
that a governmental entity that makes a public work contract with a prime contractor or authorizes
a nongovernmental entity leasing public property from the governmental entity to enter into a
public work contract with a prime contractor to require the contractor, before beginning the work,
to execute to the governmental entity in certain circumstances, a performance bond and a payment
bond. (Effective September 1, 2021.)
H.B. 2116 (Krause/Powell) – Architects and Engineers: this bill provides that: (1) with certain
exceptions, a covenant or promise in, in connection with, or collateral to a contract for engineering
or architectural services related to an improvement to real property is void and unenforceable if
the covenant or promise provides that a licensed engineer or registered architect must defend a
party, including a third party against a claim based wholly or partly on the negligence of, fault of,
or breach of contract by the owner, the owner’s agent, the owner’s employee, or another entity
over which the owner exercises control; (2) a covenant or promise in, in connection with, or
collateral to a contract for engineering or architectural services related to an improvement to real
property may provide for the reimbursement of an owner’s reasonable attorney’s fees in proportion
to the engineer’s or architect’s liability; (3) notwithstanding (1), an owner that is a party to a
contract for engineering or architectural services related to an improvement to real property may
require in the contract that the engineer or architect name the owner as an additional insured under
any of the engineer’s or architect’s insurance coverage to the extent additional insureds are allowed
under the policy and provide any defense to the owner provided by the policy to a named insured;
and (4) a construction contract for engineering or architectural services related to the construction
or repair of an improvement to real property must require that the architectural or engineering
services be performed with the professional skill and care ordinarily provided by competent
architects or engineers under the same or similar circumstances and professional license, and a
provision in a contract establishing a different standard is void and unenforceable. (Effective
September 1, 2021.)
H.B. 2581 (Kacal/Hancock) – Construction and Civil Works Projects: this bill: (1) requires a
the governing body of a governmental entity that considers a construction contract using a method
other than competitive bidding to, among other things, publish in the request for qualifications a
detailed methodology for scoring each criterion; (2) provides that: (a) an offeror who submits a
bid, proposal, or response to a request for qualifications for a construction contract under certain
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law may, after the contract is awarded, make a request in writing to the governmental entity to
provide documents related to the evaluation of the offeror’s submission; and (b) not later than the
30th day after the date a request is made, the governmental entity shall deliver to the offeror the
documents relating to the evaluation of the submission including, if applicable, its ranking of the
submission; (3) provides that for civil works projects, the weighted value assigned to price must
be at least 50 percent of the total weighted value of all selection criteria; however, if the governing
body of a governmental entity determines that assigning a lower weighted value to price is in the
public interest, the governmental entity may assign to price a weighted value of not less than 36.9
percent of the total weighted value of all selection criteria; and (4) provides that when the
competitive sealed proposal procurement method is used, the governmental entity shall make the
evaluations, including any scores, public and provide them to all offerors not later than the seventh
business day after the date the contract is awarded. (Effective September 1, 2021.)
S.B. 13 (Birdwell/P. King) – Energy Boycott: among other things, prohibits a city from entering
into a contract with a value of $100,000 or more that is to be paid from public funds with a company
with more than 10 full-time employees for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. (Effective September 1, 2021.)
S.B. 19 (Schwertner/Capriglione) – Firearms: among other things, (1) prohibits a governmental
entity from entering into a contract with a value of $100,000 or more that is to be paid from public
funds with a company with more than 10 full-time employees for the purchase of goods or services
unless the contract contains a written verification from the company that it: (a) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (b) will not discriminate during the term of the contract against a firearm entity or
firearm trade association; and (2) provides that the prohibition in (1) does not apply to a city that
(a) contracts with a sole-source provider, or (b) the city does not receive any bids from a company
that is able to provide the required verification required by (1). (Effective September 1, 2021.)
S.B. 58 (Zaffirini/J. Turner) – Cloud Computing Services: adds cloud computing services to
the definition of the term “personal property” for purposes of the Public Property Finance Act.
(Effective September 1, 2021.)
S.B. 59 (Zaffirini/Geren) – Comptroller Purchasing Program: authorizes the Texas
Comptroller’s office to advertise its state purchasing program for local governments in any
available media or otherwise promote the purchasing program. (Effective immediately.)
S.B. 219 (Hughes/Leach) – Real Property Construction and Repair: this bill: (1) provides that,
in regard to a contract for the construction or repair of improvement to real property, a contractor
is not responsible for the consequences of design defects in and may not warranty the accuracy,
adequacy, sufficiency, or suitability of plans, specifications, or other design documents provided
to the contractor by a person other than the contractor’s agents, contractors, fabricators, or
suppliers, or its consultants, of any tier; (2) requires a contractor, within a reasonable time of
learning of a defect, inaccuracy, inadequacy, or insufficiency in the plans, specifications, or other
design documents, disclose in writing to the person with whom the contractor enters into a contract
the existence of any known defect in the plans, specifications, or other design documents that is
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discovered by the contractor, or that reasonably should have been discovered by the contractor
using ordinary diligence, before or during construction; (3) excepts certain contracts from the new
provisions regarding responsibility for defects in plans and specifications described in (1) and (2);
(4) requires a construction contract for architectural or engineering services or a contract related
to the construction or repair of an improvement to real property that contains architectural or
engineering services as a component to require that the architectural or engineering services be
performed with the professional skill and care ordinarily provided by competent architects or
engineers practicing under the same or similar circumstances and professional license, and a
provision in a contract with a different standard of care is void and unenforceable; and (5) provides
that certain limitations on a contractor’s responsibility for certain defects do not apply to a design-
build contract. (Effective September 1, 2021, except for (5) which clarifies existing law and applies
to a contracted entered into before, on, or after September 1, 2021.)
S.B. 538 (Blanco/Longoria) – Technology Purchases: expands the Department of Information
Resources’ cooperative contracts purchasing program for information technology commodity
items to include items in demand by political subdivisions and governmental entities of another
state. (Effective September 1, 2021.)
S.B. 1821 (Huffman/Canales) – Contingent Fee Contracts for Legal Services: amends the
definition of the term “contingent fee contract” to include an amendment to a contingent fee
contract if the amendment: (1) changes the scope of representation; or (2) may result in the filing
of an action or the amending of a petition in an existing action. (Effective immediately.)
S.B. 2116 (Campbell/Parker) – Critical Infrastructure: among other things, prohibits a city
from entering into a contract or other agreement relating to “critical infrastructure” (defined to
mean a communication infrastructure system, cybersecurity system, electric grid, hazardous waste
treatment system, or water treatment facility) in this state with a company if the city knows that
the company is: (1) owned by or the majority of stock or other ownership interest of the company
is held or controlled by: (a) individuals who are citizens of China, Iran, North Korea, Russia, or
other designated countries; or (b) a company or other entity, including a governmental entity, that
is owned or controlled by citizens of or is directly controlled by the government of China, Iran,
North Korea, Russia, or other designated countries; or (2) headquartered in China, Iran, North
Korea, Russia, or other designated countries. (Effective September 1, 2021.)
Transportation
H.B. 914 (Hernandez/Huffman) – Parking: allows: (1) a city to authorize a city employee to
request the removal and storage of a vehicle in an area where on-street parking is regulated by an
ordinance and that: (a) is parked illegally; or (b) is parked legally, but has been unattended for
more than 48 hours and is reasonably believed to be abandoned; and (2) a parking facility owner
or towing company to remove a vehicle from a public roadway under the direction of a city
employee authorized to make a request under (1). (Effective September 1, 2021.)
H.B. 1257 (Ashby/Nichols) – Property in Right-of-Way: authorizes a law enforcement agency
to remove an unattended manufactured home from a roadway or right-of-way without consent of
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the owner if the agency determines that the home blocks the roadway or endangers public safety.
(Effective September 1, 2021.)
H.B. 1281 (Wilson/Schwertner) – Golf Carts: this bill: (1) allows a golf cart to be operated in a
master planned community: (a) that is a residential subdivision or has in place a uniform set of
restrictive covenants; and (b) for which a county or city has approved one or more plats; (2)
provides that a person may operate a golf cart in a master planned community described in (1)
without a golf cart license plate on a highway for which the posted speed limit is not more than 35
miles per hour, including through an intersection of a highway for which the posted speed limit is
more than 35 miles per hour; (3) allows a golf cart to be operated on a highway for which the
posted speed limit is not more than 35 miles per hour, if the golf cart is operated during the daytime
and not more than five miles from the location where the golf cart is usually parked and for
transportation to or from a golf course; (4) allows a city to prohibit the operation of a golf cart on
a highway in the following areas if the city council determines the prohibition is necessary in the
interest of safety: (a) in a master planned community described in (1), above; (b) on a public or
private beach that is open to vehicular traffic; or (c) on a highway for which the posted speed limit
is not more than 35 miles per hour as described in (2), above. (Effective immediately.)
H.B. 1759 (Krause/Hancock) – Railroad Grade Crossings: includes “on-track equipment,”
defined as any car, rolling stock, equipment, or other device that, alone or coupled to another
device, is operated on a railroad track, among the equipment and devices that trigger special
operational restrictions on vehicles (e.g., stop and speed restrictions). (Effective September 1,
2021.)
S.B. 763 (Powell/Cook) – Urban Air Mobility: requires the Texas Transportation Commission
to appoint an advisory committee to assess current state law and any potential changes to state law
that are needed to facilitate the development of urban air mobility operations and infrastructure in
this state. (Effective September 1, 2021.)
S.B. 941 (Buckingham/E. Morales) – Scenic Byways Program: this bill: (1) directs the Texas
Department of Transportation to establish a State Scenic Byways Program, under which a political
subdivision or other community group may apply for grants for federal funding; and (2) provides
that only a highway designated under certain state law as prohibited from having commercial signs
may be designated as a State Scenic Byway. (Effective September 1, 2021.)
S.B. 1055 (Huffman/Reynolds) – Crosswalk: this bill: (1) provides that it is a criminal offense
for a person, with criminal negligence, to operate a motor vehicle within the area of a crosswalk
and cause bodily injury to a pedestrian or a person operating a bicycle, scooter, electronic personal
assistive mobility device, neighborhood electric vehicle, or golf cart; and (2) imposes certain
requirements for the operator of a vehicle to yield the right-of-way to a pedestrian. (Effective
September 1, 2021.)
S.B. 1064 (Alvarado/Schofield) – City-Owned Vehicles: this bill: (1) allows a city that owns and
operates a motor vehicle, trailer, or semitrailer that is exempt from the payment of a registration
fee to apply to register the vehicle, trailer, or semitrailer for an extended registration period of not
less than one year or more than eight years; and (2) provides that a vehicle registered for an
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extended period under (1) is subject to inspection requirements as if the motor vehicle, trailer, or
semitrailer were registered without an extended registration period. (Effective September 1, 2021.)
S.B. 1334 (Hinojosa/Canales) – Toll Bridges: allows a city within 15 miles of a section of the
Rio Grande that forms the border between this state and the United Mexican States to donate to
the United States property or a building, structure, or other facility acquired, constructed,
improved, enlarged, or equipped in whole or in part with proceeds from the sale of certain toll
bridge-related bonds. (Effective immediately.)
Utilities and Environment
H.B. 17 (Deshotel/Birdwell) – Restriction on Regulation of Utility Services: this bill: (1)
prohibits a regulatory authority, planning authority, or political subdivision of this state from
adopting or enforcing an ordinance, resolution, regulation, code, order, policy, or other measure
that has the purpose, intent, or effect of directly or indirectly banning, limiting, restricting,
discriminating against, or prohibiting the connection or reconnection of a utility service or the
construction, maintenance, or installation of residential, commercial, or other public or private
infrastructure for a utility service based on the type or source of energy to be delivered to the end-
use customer; (2) prohibits an entity, including a regulatory authority, planning authority, political
subdivision, or utility, from imposing any additional charge or pricing difference on a development
or building permit applicant for utility infrastructure that: (a) encourages those constructing homes,
buildings, or other structural improvements to connect to a utility service based on the type or
source of energy to be delivered to the end-use customer; or (b) discourages the installation of
facilities for the delivery of or use of a utility service based on the type or source of energy to be
delivered to the end-use customer; and (3) provides that the law does not limit the ability of a
regulatory authority or political subdivision to choose utility services for properties owned by the
regulatory authority or political subdivision. (Effective immediately.)
H.B. 837 (Lucio III/Zaffirini) – Certificates of Convenience and Necessity: provides that the
Public Utility Commission by rule shall require a city or franchised utility to submit a report to the
PUC verifying that the city or franchised utility has paid all required adequate and just
compensation to a retail public utility for obtaining the certificate of convenience and necessity for
an annexed area previously served by the retail public utility. (Effective September 1, 2021.)
H.B. 963 (Lozano/Zaffirini) – Natural Gas Vehicle Grant Program: this bill: (1) adds a used
natural gas vehicle as a qualifying vehicle that may be considered for a grant under the Texas
natural gas vehicle grant program; and (2) provides that a used natural gas vehicle that is proposed
to replace an on-road heavy-duty or medium-duty motor vehicle must be of model year 2017 or
later, provided that the model year may not be more than six years older than the current model
year at the time of the submission of the grant application. (Effective September 1, 2021.)
H.B. 1284 (Paddie/Hancock) – Railroad Commission: provides that the Railroad Commission
of Texas has jurisdiction over the injection and geologic storage of carbon dioxide. (Effective
immediately.)
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H.B. 1510 (Metcalf/Creighton) – Response and Resilience of Certain Electric Utilities: this
bill, among other things: (1) expands the definition of “system restoration costs” to also include:
(a) reasonable and necessary weatherization and storm-hardening costs incurred; and (b)
reasonable estimates of costs to be incurred, by the electric utility, but such estimates shall be
subject to true-up and reconciliation after the actual costs are known; (2) creates the Texas Electric
Utility System Restoration Corporation (Corporation) as a nonprofit special purpose public
corporation and instrumentality of Texas for the essential public purpose of providing a lower cost
financing mechanism available to the Public Utility Commission and an electric utility operating
outside of ERCOT to attract low-cost capital to finance system restoration costs; (3) requires that,
in approving securitization, the PUC ensure that customers are not harmed as a result of any
financing through the Corporation and that any financial savings or other benefits are appropriately
reflected in customer rates; (4) provides that “qualified costs” also includes all costs of
establishing, maintaining, and operating the Corporation and all costs of the Corporation and an
issuer in connection with the issuance and servicing of the system restoration bonds, as approved
in the financing order issued by the PUC under the law; (5) provides that the Corporation shall be
self-funded and the state shall not budget for or provide any general fund appropriations for the
Corporation; (6) expands the definition of “other factors” the PUC may consider in issuing a
certificate of convenience and necessity for an electric utility to include any potential economic or
reliability benefits associated with dual fuel and fuel storage capabilities in areas outside the
ERCOT power region; and (7) provides that an electric utility operating solely outside of the
ERCOT power region may, but shall not be required to, obtain a certificate to install, own, or
operate a generation facility with a capacity of 10 megawatts or less. (Effective immediately.)
H.B. 1520 (Paddie/Hancock) – Gas Utilities: this bill, among other things: (1) provides that the
Texas Public Finance Authority may create an issuing financing entity for the purpose of issuing
customer rate relief bonds approved by the Railroad Commission of Texas (RRC) in a financing
order; (2) provides that the RRC, on application of a gas utility to recover a regulatory asset, shall
determine the regulatory asset amount to be recovered by the gas utility and a gas utility may
request recovery of a regulatory asset under the bill only if the regulatory asset is related to Winter
Storm Uri; (3) provides that if the RRC determines that customer rate relief bond financing for
extraordinary costs is the most cost-effective method of funding regulatory asset reimbursements
to be made to gas utilities, the RRC, after the final resolution of all applications filed by a gas
utility to recover a regulatory asset, may request the authority to direct an issuing financing entity
to issue customer rate relief bonds; (4) requires the RRC, in making the determination in (3), to
find that the proposed structuring, expected pricing, and proposed financing costs of the customer
rate relief bonds are reasonably expected to provide benefits to customers by: (a) considering
customer affordability; and (b) comparing: (i) the estimated monthly costs to customers resulting
from the issuance of customer rate relief bonds; and (ii) the estimated monthly costs to customers
that would result from the application of conventional recovery methods; (5) provides that
customer rate relief bonds are the limited obligation solely of the issuing financing entity and are
not a debt of a gas utility or a debt or a pledge of the faith and credit of Texas or any political
subdivision of Texas; (6) provides that, so long as any customer rate relief bonds or related
financing costs remain outstanding, uniform monthly volumetric customer rate relief charges must
be paid by all current and future customers that receive service from a gas utility for which a
regulatory asset determination has been made under (2); (7) exempts the sale or purchase of or
revenue derived from services performed in the issuance or transfer of customer rate relief bonds
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issued from taxation by Texas or a political subdivision; (8) exempts a gas utility’s receipt of
customer rate relief charges from state and local sales and use taxes, utility gross receipts taxes
and assessments, and from revenue for purposes of franchise tax; and (9) requires the RRC to
conduct a study on measures to mitigate catastrophic weather events and provide a report of the
findings to the governor, lieutenant governor, and speaker of the House of Representatives.
(Effective immediately.)
H.B. 1572 (Craddick/Springer) – Lease of Electric Generation Equipment: this bill: (1)
defines “electric generation equipment lessor or operator” as a person who rents to or operates for
compensation on behalf of a third party electric generation equipment that: (a) is used on a site of
the third party until the third party is able to obtain sufficient electricity service; (b) produces
electricity on site to be consumed by the third party and not resold; and (c) does not interconnect
with the electric transmission or distribution system; (2) exempts an electric generation equipment
lessor or operator from the definition of an “electric utility”; and (3) provides that a person who is
an electric generation equipment lessor or operator is not for that reason considered to be a retail
electric utility. (Effective September 1, 2021.)
H.B. 1905 (Harris/Taylor) – Regional Water Planning Groups: this bill: (1) repeals the
requirement for regional water planning groups to prioritize projects in their respective regional
water plans for the purposes of bond enhancement agreements under the State Water
Implementation Fund for Texas; and (2) repeals the requirement for each regional planning group
to examine the financing needed to implement the water management strategies and projects
identified in the group’s most recent approved regional plan and report to the Texas Water
Development Board: (a) how local governments, regional authorities, and other political
subdivisions in the region propose to pay for water infrastructure projects identified in the plan;
and (b) what role the regional planning group proposes for the state in financing projects identified
in the plan, giving particular attention to proposed increases in the level of state participation in
funding for regional projects to meet needs beyond the reasonable financing capability of local
governments, regional authorities, and other political subdivisions involved in building water
infrastructure. (Effective September 1, 2021.)
H.B. 2483 (P. King/Hancock) – Utility Facilities for Restoring Service: this bill, among other
things: (1) provides that a transmission and distribution utility may: (a) lease and operate facilities
that provide temporary emergency electric energy to aid in restoring power to the utility’s
distribution customers during a widespread power outage in which: (i) the independent system
operator has ordered the utility to shed load; or (ii) the utility’s distribution facilities are not being
fully served by the bulk power system under normal operations; and (b) procure, own, and operate,
or enter into a cooperative agreement with other transmission and distribution utilities to procure,
own, and operate jointly, transmission and distribution facilities that have a lead time of at least
six months and would aid in restoring power to the utility’s distribution customers following a
widespread power outage; (2) provides that a transmission and distribution utility that leases and
operates facilities under (1)(a): (a) may not sell electric energy or ancillary services from those
facilities; (b) must be operated in isolation from the bulk power system; and (c) may not be
included in independent system operator: (i) locational marginal pricing calculations; (ii) pricing;
or (iii) reliability models; (3) requires the Public Utility Commission (PUC) to permit: (a) a
transmission and distribution utility that leases and operates facilities under (1)(a) to recover the
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reasonable and necessary costs of leasing and operating the facilities, including the present value
of future payments required under the lease, using the rate of return on investment established in
the PUC’s final order in the utility’s most recent base rate proceeding; and (b) a transmission and
distribution utility that procures, owns, and operates facilities under (1)(b) to recover the
reasonable and necessary costs of procuring, owning, and operating the facilities, using the rate of
return on investment established in the PUC’s final order in the utility’s most recent base rate
proceeding; (4) provides that a transmission and distribution utility may request recovery of the
reasonable and necessary costs of leasing or procuring, owning, and operating facilities under the
bill, including any deferred expenses, through a periodic rate adjustment proceeding or in another
ratemaking proceeding; and (5) provides that the bill expires on September 1, 2029. (Effective
September 1, 2021.)
H.B. 2586 (Thierry/Hall) – ERCOT Audit: requires the Public Utility Commission to have an
independent audit of each independent organization certified for the ERCOT power region.
(Effective September 1, 2021.)
H.B. 3476 (Schofield/Bettencourt) – Certificates of Convenience and Necessity: this bill
applies only to a city with a population of 500,000 or more and : (1) prohibits a city from requiring,
as a condition of consent to grant a retail public utility a certificate of public convenience and
necessity for a service area within the boundaries of the extraterritorial jurisdiction of a
municipality, that all water and sewer facilities be designed and constructed in accordance with
the municipality’s standards for facilities; (2) requires that the Public Utility Commission (PUC)
must include, as a condition of a certificate of public convenience and necessity granted in certain
circumstances for a service area within the boundaries of a municipality, that all water and sewer
facilities be designed and constructed in accordance with the municipality’s standards for water
and sewer facilities; and (3) provides, with certain exceptions, that the PUC must include, as a
condition of a certificate of public convenience and necessity granted for a service area within the
extraterritorial jurisdiction of a city, that all water and sewer facilities be designed and constructed
in accordance with: (a) the Texas Commission on Environmental Quality’s standards for water
and sewer facilities applicable to water systems that serve greater than 250 connections; or (b)
TCEQ’s standards for water and sewer facilities applicable to water systems that serve 250 or
fewer connections, if the PUC determines that: (i) standards for water and sewer facilities
applicable to water systems that serve 250 or fewer connections are appropriate for the service
area; and (ii) regionalization of the retail public utility or consolidation of the retail public utility
with another retail public utility is not economically feasible. (Effective September 1, 2021.)
H.B. 3615 (P. King/Buckingham) – District Cooling Systems: this bill: (1) defines “chilled
water program” as: (a) a program to produce chilled water at a central plant and pipe that water to
buildings for air conditioning, including a district cooling system or chilled water service; or (b)
any other program designed to used chilled water to provide air conditioning, reduce peak electric
demand, or shift electric load; (2) defines “municipally owned utility” as, among other things, any
chilled water program operated by the utility; (3) provides that information related to a chilled
water program is not confidential as a public power utility competitive matter under the Public
Information Act; and (4) provides that information or records of a municipally owned utility or
municipality that operates a chilled water program are subject to disclosure under the Public
Information Act if the information or records are reasonably related to: (a) a municipally owned
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utility’s rate review process; (b) the method a municipality or municipally owned utility uses to
set rates for retail electric service; or (c) the method a municipality or municipally owned utility
uses to set rates for a chilled water program described by (3). (Effective September 1, 2021.)
H.B. 3648 (Geren/Hancock) – Natural Gas: this bill requires: (1) the Railroad Commission
(RRC) to coordinate with the Public Utility Commission (PUC) to adopt rules to establish a process
to designate certain natural gas facilities and entities associated with providing natural gas in this
state as critical customers or critical gas suppliers during energy emergencies; (2) the rules in (1)
to: (a) establish criteria for designating persons who own or operate a facility under the jurisdiction
of the RRC or engage in an activity under the jurisdiction of the RRC who must provide critical
customer and critical gas supply information, as defined by the RRC, to the entities described by
(4)(a); and (b) consider essential operational elements when defining critical customer
designations and critical gas supply information for the purposes of (2)(a), including natural gas
production, processing, and transportation, related produced water handling and disposal facilities,
and the delivery of natural gas to generators of electric energy; (3) the PUC to collaborate with the
RRC to adopt rules to establish a process to designate certain natural gas facilities and entities
associated with providing natural gas in this state as critical during energy emergencies; (4) the
rules in (3) to: (a) ensure that the independent organization certified for the ERCOT power region
and each electric utility, municipally owned utility, and electric cooperative providing service in
the ERCOT power region is provided with the information required by (1) and (2); (b) provide for
prioritizing for load-shed purposes during an energy emergency the facilities and entities
designated under (4)(a); and (c) provide discretion to an electric utility, municipally owned utility,
or electric cooperative providing service in the ERCOT power region to prioritize power delivery
and power restoration among the facilities and entities designated under (3) on the utility’s or
cooperative’s systems, as circumstances require; and (5) the PUC to provide a report to the
legislature regarding the implementation by the PUC of the designation and prioritization
requirements in the bill by January 1, 2022. (Effective immediately.)
H.B. 3689 (Cortez/Gutierrez) – Water Rate Appeals: provides that the Public Utility
Commission shall ensure that every appealed water rate is just and reasonable, including a
municipally-owned utility’s rates that are appealed by ratepayers who reside outside the corporate
limits of the city. (Effective September 1, 2021.)
H.B. 3717 (Burns/Lucio) – Sale of Utility System: provides that a city is not required to hold an
election to authorize the sale of a municipal retail water or sewer utility system if the Texas
Commission on Environmental Quality has issued a notice of violation to the utility system and
the city council finds, by official action, that the city is either financially or technically unable to
restore the system to compliance with the applicable law or regulations. (Effective September 1,
2021.)
H.B. 4492 (Paddie/Hancock) – Financing for Electric Market: this bill, among other things:
1. provides that the comptroller shall invest not more than $800 million of the economic
stabilization fund balance to finance the default balance to be repaid by ERCOT market
participants through default charges established by the Public Utility Commission (PUC)
and that the interest rate charged in connection with the debt obligations must be calculated
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by adding the rate determined by the Municipal Market Data Municipal Electric Index, as
published by Refinitiv TM3, based on the credit rating of the independent organization plus
2.5 percent for a term not to exceed 30 years;
2. subjects electric municipally owned utilities to state law governing essential organizations
and state law relating to Winter Storm Uri default balance financing and uplift financing.
3. requires the PUC to require that all market participants fully and promptly pay to the
independent organization certified for the ERCOT power region all amounts owed to the
independent organization, or provide for the full and prompt payment of those amounts
owed, which must be calculated solely according to the protocols of the independent
organization in effect during the period of emergency and subject to the jurisdiction of the
commission, to qualify, or to continue to qualify, as a market participant in the ERCOT
power region;
4. requires the independent organization certified for the ERCOT power region to report to
the PUC that a market participant is in default for the failure to pay, or provide for the full
and prompt payment of, all amounts owed to the independent organization and provides
that the PUC may not allow the defaulting market participant to continue to be a market
participant in the ERCOT power region for any purpose or allow the independent
organization to accept the defaulting market participant’s loads or generation for
scheduling in the ERCOT power region until all amounts owed to the independent
organization by the market participant are fully paid;
5. requires the PUC and the independent organization certified for the ERCOT power region
to pursue collection in full of amounts owed to the independent organization by any market
participant to reduce the costs that would otherwise be borne by other market participants
or their customers;
6. provides that on application by the independent organization certified for the ERCOT
power region, the PUC by order may authorize the independent organization to establish a
debt financing mechanism to finance the default balance if the PUC finds that the debt
obligations are needed to preserve the integrity of the wholesale market and the public
interest, after considering: (a) the need to timely replenish financial revenue auction
receipts used by the independent organization to reduce amounts short-paid to wholesale
market participants; (b) the interests of wholesale market participants that are owed
balances; and (c) the potential effects of uplifting those balances to the wholesale market
without a financing vehicle;
7. provides that the financing order in (6) must include an adjustment mechanism requiring
the independent organization to adjust default charges to refund, over the remaining period
of the default charges, any payments made by a market participant toward unpaid
obligations from the period of emergency that were included in the financed default
balance;
8. provides that the PUC may contract with another state agency with expertise in public
financing to establish a debt financing mechanism for the payment of the default balance
under an order;
9. provides that a financing order must: (a) include terms ensuring that the imposition and
collection of default charges authorized in the order shall be nonbypassable by wholesale
market participants; and (b) authorize the independent organization to establish appropriate
fees and other methods for pursuing amounts owed from entities exiting the wholesale
market;
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10. provides that the transfer and receipt of default charges are exempt from state and local
sales and use, franchise, and gross receipts taxes;
11. requires the independent organization to file an application with the PUC to establish a
debt financing mechanism for the payment of the uplift balance if the PUC finds that such
financing will support the financial integrity of the wholesale market and is necessary to
protect the public interest, considering the impacts on both wholesale market participants
and retail customers;
12. requires that an order issued under (11) must: (a) state the uplift balance to be financed; (b)
state the period over which the uplift charges must be assessed to repay the debt obligations,
which may not exceed 30 years; and (c) provide the process for remitting the proceeds of
the financing to load-serving entities who were exposed to the costs included in the uplift
balance, including a requirement for the load-serving entities to submit documentation of
their exposure;
13. requires the PUC to develop a one-time process that allows municipally owned utilities,
electric cooperatives, river authorities, a retail electric provider that has the same corporate
parent as each of the provider’s customers, a retail electric provider that is an affiliate of
each of the provider’s customers, and transmission-voltage customers served by a retail
electric provider to opt out of the uplift charges by paying in full all invoices owed for
usage during the period of emergency;
14. provides that the PUC may contract with another state agency with expertise in public
financing to establish a debt financing mechanism to finance the payment of the uplift
balance under an order;
15. provides that transactions involving the transfer and ownership of uplift property and the
receipt of uplift charges are exempt from state and local income, sales, franchise, gross
receipts, and other taxes or similar charges; and
16. requires all load-serving entities that receive offsets to specific uplift charges from the
independent organization to adjust customer invoices to reflect the offsets for any charges
that were or would otherwise be passed through to customers under the terms of service
with the load-serving entity, including by providing a refund for any offset charges that
were previously paid.
(Effective immediately.)
S.B. 2 (Hancock/Paddie) – ERCOT Board: this bill, among other things, amends the
qualifications of the board members of the independent organization certified for the ERCOT
power region to require that every member be a resident of Texas. (Effective immediately.)
S.B. 3 (Schwertner/Paddie) – Utility Preparedness: this bill, among other things:
1. provides that with the cooperation of the Texas Department of Transportation, the Texas
Division of Emergency Management (TDEM), the office of the governor, and the Public
Utility Commission of Texas (PUC), the Texas Department of Public Safety shall develop
and implement a statewide alert to be activated when the power supply in Texas may be
inadequate to meet demand;
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2. requires TDEM to create a list of suggested actions for state agencies and the public to take
to prepare for winter storms and to develop disaster preparedness educational materials and
post both on its internet website and distribute them to local governments;
3. establishes the Texas Energy Reliability Council to: (a) ensure that the energy and electric
industries in Texas meet high priority human needs and address critical infrastructure
concerns; and (b) enhance coordination and communication in the energy and electric
industries in Texas;
4. requires the Texas Energy Reliability Council to submit a report including to the legislature
on the reliability and stability of the electricity supply chain in Texas;
5. requires the Railroad Commission (RRC) to collaborate with the PUC to adopt rules to
establish a process to designate certain natural gas facilities and entities associated with
providing natural gas in this state as critical customers or critical gas suppliers during
energy emergencies;
6. requires the RRC to adopt rules to require a gas supply chain facility operator to implement
measures to prepare the well to operate during a weather emergency;
7. requires a municipally owned utility to regularly provide with bills sent to retail customers
of the utility information about: (a) the utility’s procedure for implementing involuntary
load shedding; (b) the types of customers who may be considered critical care residential
customers, critical load industrial customers, or critical load according to PUC rules; (c)
the procedure for a customer to apply to be considered a critical care residential customer,
a critical load industrial customer, or critical load according to PUC; and (d) reducing
electricity use at times when involuntary load shedding events may be implemented;
8. requires the PUC to adopt rules to require each municipally owned utility, electric
cooperative, qualifying facility, power generation company, or exempt wholesale
generator, that provides generation service to implement measures to prepare the provider's
generation assets to provide adequate electric generation service during a weather
emergency according to reliability standards adopted by the PUC;
9. requires the independent organization for the ERCOT power region to: (a) inspect
generation assets in the ERCOT power region for compliance with the reliability standards;
(b) provide the owner of a generation asset with a reasonable period of time in which to
remedy any violation the independent organization discovers in an inspection; and (c)
report to the PUC any violation;
10. requires the PUC to adopt rules that require each electric cooperative, municipally owned
utility, and transmission and distribution utility providing transmission service in the
ERCOT power region to implement measures to prepare the cooperative’s or utility’s
facilities to maintain service quality and reliability during a weather emergency according
to standards adopted by the PUC;
11. requires the independent organization for the ERCOT power region to: (a) inspect the
facilities of each electric cooperative, municipally owned utility, and transmission and
distribution utility providing transmission service in the ERCOT power region for
compliance with the reliability standards; (b) provide the owner of facility described by (a)
with a reasonable period of time in which to remedy any violation the independent
organization discovers in an inspection; and (c) report to the PUC any violation that is not
remedied in a reasonable period of time;
12. requires the PUC to impose an administrative penalty on an entity, including a municipally
owned utility or an electric cooperative, that violates a rule adopted under (10) in an amount
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not to exceed $1,000,000 for a violation and each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty;
13. requires the PUC to adopt a system to allocate load shedding among electric cooperatives,
municipally owned utilities, and transmission and distribution utilities providing
transmission service in the ERCOT power region during an involuntary load shedding
event initiated by an independent organization for the region during an energy emergency;
14. requires the PUC to adopt rules to require electric cooperatives and municipally owned
utilities providing transmission service in the ERCOT power region to: (a) maintain lists
of customers willing to voluntarily participate in voluntary load reduction; and (b)
coordinate with municipalities, businesses, and customers that consume large amounts of
electricity to encourage voluntary load reduction;
15. requires the PUC and the independent organization certified for the ERCOT power region
to conduct simulated or tabletop load shedding exercises with providers of electric
generation service and transmission and distribution service in the ERCOT power region;
16. establishes the Texas Electricity Supply Chain Security and Mapping Committee to: (a)
map Texas’s electricity supply chain; (b) identify critical infrastructure sources in the
electricity supply chain; (c) establish best practices to prepare facilities that provide electric
service and natural gas service in the electricity supply chain to maintain service in an
extreme weather event and recommend oversight and compliance standards for those
facilities; and (d) designate priority service needs to prepare for, respond to, and recover
from an extreme weather event;
17. requires the PUC to adopt rules that: (a) establish an emergency pricing program for the
wholesale market to take effect if the high system-wide offer cap has been in effect for 12
hours in a 24-hour period after initially reaching the high system-wide offer cap; and (b)
establish an ancillary services cap to be in effect during the period an emergency pricing
program is in effect;
18. provides that a civil penalty for a gas utility provider who disconnects natural gas service
to a residential customer during an extreme weather emergency shall be in an amount of
not less than $1,000 and not more than $1,000,000 and the RRC shall adopt rules to
establish a classification system to be used by a court for violations;
19. requires the RRC to adopt rules regarding measures gas pipeline facility operators must
implement to prepare gas pipeline facilities to maintain service quality and reliability
during extreme weather conditions if the gas pipeline facility: (a) directly serves a natural
gas electric generation facility operating solely to provide power to the electric grid for the
ERCOT power region or for the ERCOT power region and an adjacent power region; and
(b) is included on the electricity supply chain map created by the Texas Electricity Supply
Chain Security and Mapping Committee under (16);
20. defines “affected utility” as a retail public utility (including a municipally owned utility),
exempt utility, or provider or conveyor of potable or raw water service that: (a) furnishes
water service to more than one customer; and (b) is not in a county with a population of
3.3 million or more; or in a county with a population of 550,000 or more adjacent to a
county with a population of 3.3 million or more;
21. defines “emergency operations” as the operation of a water system during an extended
power outage that impacts the operating affected utility;
22. defines “extended power outage” as a power outage lasting for more than 24 hours;
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23. requires an affected utility to: (a) ensure the emergency operation of its water system during
an extended power outage at a minimum water pressure of 20 pounds per square inch, or
at a water pressure level approved by TCEQ, as soon as safe and practicable following the
occurrence of a natural disaster; and (b) adopt and submit to TCEQ for its approval: (i) an
emergency preparedness plan that demonstrates the utility’s ability to provide the
emergency operations described by (a); and (ii) a timeline for implementing the plan;
24. provides that not later than March 1, 2022, each affected utility shall submit to TCEQ the
emergency preparedness plan described by (23)(b)(i);
25. provides that in accordance with TCEQ rules, an emergency preparedness plan under
(23)(b)(i) for a provider of potable water shall provide for one or more of the following:
(a) the maintenance of automatically starting auxiliary generators; (b) the sharing of
auxiliary generator capacity with one or more affected utilities, including through
participation in a statewide mutual aid program; (c) the negotiation of leasing and
contracting agreements, including emergency mutual aid agreements with other retail
public utilities, exempt utilities, or providers or conveyors of potable or raw water service,
if the agreements provide for coordination with the division of emergency management in
the governor’s office; (d) the use of portable generators capable of serving multiple
facilities equipped with quick-connect systems; (e) the use of on-site electrical generation
or distributed generation facilities; (f) hardening the electric transmission and distribution
system serving the water system; (g) for existing facilities, the maintenance of direct engine
or right angle drives; (h) designation of the water system as a critical load facility or
redundant, isolated, or dedicated electrical feeds; (i) water storage capabilities; (j) water
supplies delivered from outside the service area of the affected utility; (k) the ability to
provide water through artesian flows; (l) redundant interconnectivity between pressure
zones; (m) emergency water demand rules to maintain emergency operations; or (n) any
other alternative determined by TCEQ to be acceptable;
26. provides that each affected utility that supplies, provides, or conveys raw surface water
shall include in its emergency preparedness plan under (23)(b)(i) provisions for
demonstrating the capability of each raw water intake pump station, pump station, and
pressure facility to provide raw water service to its wholesale customers during
emergencies and provides that this provision does not apply to raw water services that are
unnecessary or otherwise subject to interruption or curtailment during emergencies under
a contract;
27. requires TCEQ to provide an affected utility with access to TCEQ’s financial, managerial,
and technical contractors to assist the utility in complying with the applicable emergency
preparedness plan submission deadline and to create an emergency preparedness plan
template for use by an affected utility when submitting a plan;
28. provides that an affected utility may adopt and enforce limitations on water use while the
utility is providing emergency operations;
29. provides that except as specifically required by law, information provided by an affected
utility is confidential and is not subject to disclosure under the Public Information Act;
30. provides that for the purposes of (31)-(33), “affected utility” means any retail public utility
(including a municipally owned utility), exempt utility, or provider or conveyor of potable
or raw water service that furnishes water service to more than one customer;
31. requires each affected utility to: (a) submit to the office of emergency management of each
county in which the utility has more than one customer, the PUC, and the office of
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emergency management of the governor a copy of: (i) the affected utility’s emergency
preparedness plan; and (ii) TCEQ’s notification to the affected utility that the plan is
accepted; (b) submit to the PUC, each electric utility that provides transmission and
distribution service to the affected utility, each retail electric provider that sells electric
power to the affected utility, the office of emergency management of each county in which
the utility has water and wastewater facilities that qualify for critical load status under rules
adopted by the PUC, and the division of emergency management of the governor:
(i) information identifying the location and providing a general description of all water
and wastewater facilities that qualify for critical load status; and (ii) emergency contact
information for the affected utility, including the person who will serve as a point of contact
and the person's telephone number, the person who will serve as an alternative point of
contact and the person's telephone number, and the affected utility’s mailing address; (c)
annually submit the information required by (b) to each electric utility that provides
transmission and distribution service to the affected utility and to each retail electric
provider that sells electric power to the affected utility; and (d) immediately update the
information provided under (b) as changes to the information occur; (e) submit annually to
each electric utility that provides transmission and distribution service to the affected utility
and to each retail electric provider that sells electric power to the affected utility any forms
reasonably required by an electric utility or retail electric provider for determining critical
load status, including a critical care eligibility determination form or similar form;
32. provides that not later than May 1 of each year, each electric utility and each retail electric
provider shall determine whether the facilities of the affected utility under (31) qualify for
critical load status under rules adopted by the PUC;
33. provides that if an electric utility determines that an affected utility’s facilities under (31)
do not qualify for critical load status, the electric utility and the retail electric provider, not
later than the 30th day after the date the electric utility or retail electric provider receives
the information required by (31)(b), (c), and (d), shall provide a detailed explanation of the
electric utility’s determination to the affected utility and the office of emergency
management of each county in which the affected utility's facilities are located;
34. provides that a retail public utility that is required to possess a certificate of public
convenience and necessity or a district or affected county that furnishes retail water or
sewer utility service shall not impose late fees or disconnect service for nonpayment of
bills that are due during an extreme weather emergency until after the emergency is over
and shall work with customers that request to establish a payment schedule for unpaid bills
that are due during the extreme weather emergency;
35. provides that a retail public utility or affiliated interest that violates (34) is subject to a civil
penalty of not less than $100 nor more than $50,000 for each violation; and
36. creates the State Energy Plan Advisory Committee to prepare a comprehensive state energy
plan to be submitted to the legislature not later than September 1, 2022.
(Effective immediately.)
S.B. 211 (Zaffirini/Landgraf) – TCEQ Judicial Review: this bill, among other things, creates a
uniform deadline of 30 days to appeal an order, decision, or other act of the Texas Commission on
Environmental Quality for both water and solid waste orders. (Effective September 1, 2021.)
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S.B. 387 (Schwertner/Wilson) – Appeal of Water Service Rates in ETJ: this bill: (1) expands
the circumstances where ratepayers for water or sewer service who reside outside the corporate
limits of a city may appeal the rates for that service to the Public Utility Commission (PUC) to
include an increase in rates when the municipally-owned utility takes over the provision of service
to ratepayers previously served by another retail public utility; (2) provides that (1) does not apply
to a MOU that takes over the provision of service to ratepayers previously served by another retail
public utility if the MOU: (a) takes over the service at the request of the ratepayer; (b) takes over
the due to a sale or merger under state law; or (c) is required to take over the service by state law,
an order of the Texas Commission on Environmental Quality, or an order of the PUC; and (3)
provides that a ratepayer may use the appeals process in (1) to appeal increased rates charged to
the ratepayer by a MOU by filing a petition for review with the PUC and the MOU not later than
December 1, 2021, if the MOU began providing service to the ratepayer on or after September 1,
2016 only if the MOU has not changed rates since the MOU began providing service to the
ratepayer. (Effective September 1, 2021.)
S.B. 398 (Menéndez/Deshotel) – Distributed Renewal Generation Resources: this bill, among
other things:
1. preempts a city from prohibiting or restricting the installation of a solar energy device by
a residential or small commercial customer except to the extent: (a) a property owner’s
association may prohibit the installation; or (b) the interconnection guidelines and
interconnection agreement of a municipally owned utility serving the customer’s service
area, the rules of the Public Utility Commission of Texas, or the protocols of an
independent organization, limit the installation of solar energy devices due to reliability,
power quality, or safety of the distribution system;
2. provides that the preemption in (1) does not apply to: (a) transaction involving the sale or
transfer of the real property on which a distributed renewable generation resource is
located; (b) a person, including a person acting through the person's officers, employees,
brokers, or agents, who markets, sells, solicits, negotiates, or enters into an agreement for
the sale or financing of a distributed renewable generation resource as part of a transaction
involving the sale or transfer of the real property on which the distributed renewable
generation resource is or will be affixed; or (c) a third party that enters into an agreement
for the financing of a distributed renewable generation resource;
3. provides that a person who owns or operates a distributed generation facility served by a
municipally owned utility or electric cooperative in the ERCOT power region may sell
electric power generated by the distributed generation facility at wholesale, including the
provision of ancillary services;
4. provides that a person who owns or operates a distributed generation facility may sell
electric power generated by the distributed generation facility at wholesale to a municipally
owned utility or electric cooperative certificated for retail service to the area where the
distributed generation facility is located or to a related generation and transmission electric
cooperative;
5. requires the municipally owned utility or electric cooperative to purchase at wholesale the
quantity of electric power generated by the distributed generation facility needed to satisfy
the full electric requirements of the customer on whose side of the meter the distributed
generation facility is installed and operated at a wholesale price agreed to by the customer
and to resell that quantity of power at retail to the customer at the rate applicable to the
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customer for retail service, which must at minimum include all amounts paid for the
wholesale electric power, during: (a) an emergency declared by the independent
organization certified for the ERCOT power region that creates the potential for
interruption of service to the customer; (b) any service interruption at the customer’s
premises; (c) construction on the customer’s premises that creates the potential for
interruption of service to the customer; (d) maintenance and testing of the distributed
generation facility; and (e) additional times mutually agreed on by the owner or operator
of the distributed generation facility and the municipally owned utility or electric
cooperative;
6. provides that in addition to a sale authorized under (9), on request by an owner or operator
of a distributed generation facility, the municipally owned utility or electric cooperative
shall provide wholesale transmission service to the distributed generation facility owner in
the same manner as to other power generation companies for the sale of power from the
distributed generation facility at wholesale, including for the provision of ancillary
services, in the ERCOT market;
7. requires a municipally owned utility or electric cooperative to allow interconnection of a
distributed generation facility and provide to a distributed generation facility on a
nondiscriminatory basis wholesale transmission service, including at distribution voltage,
in the same manner as for other power generation companies to transmit to the ERCOT
power grid the electric power generated by the distributed generation facility; and
8. provides that a municipally owned utility or electric cooperative is not required to
interconnect a distributed generation facility under the bill if, on the date the utility or
cooperative receives an application for interconnection of the facility, the municipally
owned utility or electric cooperative has interconnected distributed generation facilities
with an aggregate capacity that equals the lesser amount of: (a) five percent of the
municipally owned utility’s or electric cooperative’s average of the 15-minute summer
peak load coincident with the independent system operator’s 15-minute summer peak load
in each of the months of June, July, August, and September; or (b) 300 megawatts, adjusted
annually by the percentage of total system load growth in the ERCOT power region
beginning in 2022. (Effective September 1, 2021.)
S.B. 415 (Hancock/Holland) – Electric Energy Storage Facilities: this bill, among other things,
provides: (1) that a transmission and distribution utility, with prior approval of the Public Utility
Commission, may contract with a power generation company to provide electric energy from an
electric energy storage facility to ensure reliable service to distribution customers; and (2) in
establishing the rates of a transmission and distribution utility, a regulatory authority—including
a city—shall review a contract between the utility and a power generation company under (1) and
the regulatory authority may authorize a transmission and distribution utility to include a
reasonable return on the payments required under the contract only if the contract terms satisfy the
relevant accounting standards for a capital lease or finance lease. (Effective September 1, 2021.)
S.B. 669 (Springer/Lucio III) – Texas Water Development Board Reports: this bill: (1)
requires the Texas Water Development Board (TWDB) to make publicly available the most recent
data relating to: (a) statewide water usage in the residential, industrial, agricultural, commercial,
and institutional sectors; and (b) the data collection and reporting program for municipalities and
water utilities with more than 3,300 connections; and (2) repeals the law that requires the TWDB,
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in coordination with the Texas Commission on Environmental Quality, to prepare a report of the
repair and maintenance needs of all dams that: (a) are not licensed by the Federal Energy
Regulatory Commission; (b) do not have flood storage; (c) are required to pass floodwaters; and
(d) have failed. (Effective September 1, 2021.)
S.B. 900 (Alvarado/Paddie) – Aboveground Storage Tanks: this bill, among other things: (1)
requires the Texas Commission on Environmental Quality to establish a Performance Standards
for Safety at Storage Vessels Program to provide for the protection of groundwater and surface
water resources from a release of substances from a storage vessel in the event of an accident or
natural disaster; (2) provides that a “storage vessel”: (a) is made of nonearthen materials; (b) is
located on or above the surface of the ground; (c) has a capacity of 21,000 gallons or more of a
regulated substance; and (d) is located at or is part of a petrochemical plant, a petroleum refinery,
or a bulk storage terminal; (3) exempts certain tanks or pipes connected to certain tanks from the
definition in (2) of “storage vessel”; and (4) establishes a fee. (Effective September 1, 2021.)
S.B. 905 (Perry/Frank) – Potable Reuse of Wastewater: this bill: (1) defines “direct potable
reuse” as the introduction of treated reclaimed water either directly into a potable water system or
into the raw water supply entering a drinking water treatment plant; and (2) requires the Texas
Commission on Environmental Quality (TCEQ) to develop and make available to the public a
regulatory guidance manual to explain TCEQ rules that apply to direct potable reuse. (Effective
September 1, 2021.)
S.B. 952 (Hinojosa/Walle) – Concrete Batch Plants: requires that an application for a standard
permit for a concrete batch plant issued by the Texas Commission on Environmental Quality
include a plot plan that clearly shows: (1) a distance scale; (2) a north arrow; (3) all property lines,
emission points, buildings, tanks, and process vessels and other process equipment in the area in
which the facility will be located; (4) at least two benchmark locations in the area in which the
facility will be located; and (5) if the permit requires a distance, setback, or buffer from other
property or structures as a condition of the permit, whether the required distance or setback will
be met. (Effective September 1, 2021.)
S.B. 997 (Nichols/Harris) – Water and Sewer Rates: this bill, among other things, provides: (1)
that in an appeal on the amount paid for water or sewer service under a written contract for the
rates a municipally-owned utility charges if it furnishes wholesale water or sewer service to another
political subdivision, the Public Utility Commission (PUC) may not hold a hearing on or otherwise
prescribe just and reasonable amounts to be charged under the contract unless the PUC determines
that the amount charged under the contract harms the public interest; and (2) a judicial review
process to challenge a PUC decision in (1). (Effective September 1, 2021.)
S.B. 1281 (Hancock/P. King) – Electric Certificates of Convenience and Necessity: this bill,
among other things, requires the independent organization certified for the ERCOT power region
to conduct a biennial assessment of the ERCOT power grid to assess the grid’s reliability in
extreme weather scenarios, which must: (1) consider the impact of different levels of thermal and
renewable generation availability; and (2) recommend transmission projects that may increase the
grid’s reliability in extreme weather scenarios. (Effective September 1, 2021.)
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Item 16.
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S.B. 1580 (Hancock/Paddie) – Electric Certificates of Convenience and Necessity: this bill,
among other things: (1) provides that no default or uplift charge or repayment may be allocated to
or collected from a market participant, including a municipally owned utility, that: (a) otherwise
would be subject to an uplift charge solely as a result of acting as a central counterparty
clearinghouse in wholesale market transactions in the ERCOT power region; and (b) is regulated
as a derivatives clearing organization, as defined by the Commodity Exchange Act; (2) requires
the Public Utility Commission (PUC) to require that all market participants, including a
municipally owned utility, pay or make provision for the full and prompt payment of amounts
owed calculated solely according to the protocols in effect during the period of emergency (defined
as the period beginning 12:00 a.m., February 12, 2021, and ending 11:59 p.m., February 20, 2021)
to the independent organization for the ERCOT power region to qualify, or to continue to qualify,
as a market participant in the ERCOT power region; (3) provides that if a market participant,
including a municipally owned utility, has failed to fully repay all amounts calculated solely under
the protocols in effect during the period of emergency of the independent organization certified
for the ERCOT power region, the independent organization shall report the market participant as
in default to the PUC and the PUC may not allow the independent organization to accept the
defaulting market participant’s loads or generation for scheduling in the ERCOT power region, or
allow the defaulting market participant to be a market participant in the ERCOT power region for
any purpose, until all amounts owed to the independent organization by the market participant as
calculated under the protocols are paid in full; and (4) provides that transactions involving the
transfer and ownership of securitized property and the receipt of securitized charges for financing
for electric cooperatives are exempt from state and local income, sales, franchise, gross receipts,
and other taxes or similar charges. (Effective immediately.)
S.B. 1890 (Creighton/Walle) – Texas Water Development Board Grants: provides that the law
regarding uniform grant and contract management does not apply to a contract for: (1) the flood
infrastructure fund; (2) the Texas infrastructure resiliency fund; and, (3) the agriculture water
conservation bond program. (Effective September 1, 2021.)
TML member cities may use the material herein for any purpose. No other
person or entity may reproduce, duplicate, or distribute any part of this
document without the written authorization of the Texas Municipal League.
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Item 16.