City of Irving

Legislative Priorities
for the 82nd Session of the
Texas Legislature

City of Irving | 825 W. Irving Blvd. | Irving, TX 75060

www.cityofirving.org
Irving City Council

Herbert A. Gears
Mayor

Rose Cannaday Rick Stopfer Michael E. Gallaway

Mayor Pro Tem Deputy Mayor Pro Tem Place 1

Roy Santoscoy Allan E. Meagher Lewis Patrick

Place 2 Place 3 Place 4

Gerald Farris Joe Philipp

Place 7 Place 8
 Support for Texas Legislature

The City of Irving welcomes the opportunity to share the needs and concerns of its
residents with the senators and representatives of the State of Texas. Your support of
local government and understanding the crucial role it plays in responding to the daily
needs of residents is appreciated.

Residents inform city officials of expectations for services of city government. In order to
respond to these expectations, and to make local government work for the residents of
Texas, state legislative support is a necessity. Outlined on the following pages is Irving’s
vision to make local government work, with new efficiencies and strategies that enhance
quality of life in Texas.

Thank you for working with local government to meet the needs of all residents of this
great state. We look forward to a bright future as we work together to make Texas an even
better place to live, work and enjoy life!

Herbert A. Gears Rose Cannaday

Mayor Chairwoman, Legislative Committee
City of Irving City of Irving

Staff Contacts
Tommy Gonzalez Jonathon Bazan
City Manager Intergovernmental Services Assistant Director
(972) 721-2521 (972) 742-2293
tgonzalez@cityofirving.org jbazan@cityofirving.org
Critical Issues at a Glance
Invest in transportation: Support funding for Irving’s established highway projects,
consideration of rail incentive and funding opportunities, and any necessary legislation
needed to further the completion of the DART Orange Rail Line and support its already
heavily invested surrounding transit-oriented developments.

Assess long-term water needs: Support Irving’s long-term water development plan
and oppose efforts to limit abilities to acquire new water sources. Rights to Lake Chapman
and the Irving pipeline also must be preserved to meet present needs and to grow for
the future.

Supporting public safety: Issues that should be considered by the Legislature to

enhance public safety range from addressing harmful radar jamming devices; simplifying
the state audit requirements of municipal courts; establishing a permanent revenue stream
for teen court and teen support programs; and providing rights to tenants who are forced
to relocate due to substandard housing.

Utilities and compensation for the use of public right-of-way: Support

continued and increased compensation for public right-of-way use; incentivize utility
infrastructure upgrades by allowing innovative financial incentives and funding; and
allow government to help their residents achieve a lower monthly electric bill through
aggregation.

Promoting government efficiencies: Irving will exemplify efficiency in all aspects of

service to its residents and we ask for legislative support to make government work better in
areas including the fiscal soundness of TMRS, allowing cities to meet legal requirements by
posting notices online, protecting sovereign immunity, and addressing abusive open records
requestors.

Enhancing resident quality of life: In partnership with our Legislature, cities can turn
problems into solutions by addressing neighborhood needs, environmental and air quality
issues, and the ability to provide innovative recreational services to residents, such as park
space for motocross.

And oppose any legislation that would erode the ability to fund city government,
which includes revenue caps and appraisal caps greater than what is already
provided for in the current law, or any other proposals, including unfunded
mandates, that reduce city revenue. A city’s ability to effectively manage and
police its jurisdiction, such as code enforcement, zoning capabilities, and
eminent domain authority, should also be protected.

1
 Transportation

Irving is a recognized leader in transportation issues. Transportation needs in our region

affect economic development, air emissions, energy efficiency, and many other aspects
of North Texas life. We will also continue to seek momentum on established highway
projects. These issues have a long history and involve multi-jurisdictional cooperation
and require innovative solutions to meet today’s financial challenges.

Specific issues include:

• Support for high-speed rail in Texas that includes a line serving North Texas;
• Corridor enhancement opportunities, rail incentives and BNSF commuter
line funding;
• Completion of DART Orange Line;
• Responsible right-of-way maintenance for agency-owned land within city limits;
• Local funding options that promote equity for cities that contribute to transit
agencies;
• Comprehensive development agreement option for State Highway 183;
• Safety of city streets for car, bicycle and pedestrian traffic.

Highways, roads and public transportation systems contribute to

virtually everything of value in our economy and lives—from linking
businesses to their suppliers and customers, to bringing together jobs,
education and government services.

2
Public Safety

City government works as a unit to provide a safe and secure city for residents. Law
enforcement promotes public safety through its advocacy for a peaceful community and
the apprehension of criminals. Fire protects the lives and property of Irving residents through
fire response and prevention and offering rapid paramedic services. Supporting departments
also offer significant contributions whether they are reducing traffic fatalities, ensuring code
compliance or administering court dispositions.

Ensure a safe and secure city by:

• Addressing risks to traffic safety and police equipment posed by “lidar diffusers”;
• Continuing support for traffic enforcement and safety through red light cameras;
• Considering DWI checkpoints and other law enforcement programs;
• Sustaining training needs, including support for a police and fire training center;
• Educating the state on the financial impact of jail and prison capacity mandates.

Other issues ranging from immigration to scrap metal will be monitored for any potential
impact to Irving’s excellent police practices, which have yielded a 35 percent decrease in
crime over the past six years.

Municipal Court has a very important role in public safety. This role can be furthered by:
• A continuing revenue stream for teen court and teen support programs;
• Simplifying the Comptroller’s Court Services audit that expends significant city
resources and unreasonably endangers municipal revenue;
• Limiting further state incursions on revenue generated through traffic tickets.

Additionally, improvements that promote effective code enforcement:

• Tenant relocation rights: protection of tenants required to relocate due to
substandard housing by way of access to security and water deposits, advanced
rental payment, storage costs, etc.;
• Requirements and penalties for foreclosed properties that do not meet standards.
3
 Water

The Texas Legislature has provided needed leadership in addressing the water needs of our
state. In order to provide for the current population, as well as stable growth and support
for economic development, water concerns should always be a top priority.

As we move forward, ongoing issues of particular importance to Irving include:

• Preserving the rights to Lake Chapman and Irving’s water supply pipeline;
• Protecting against unreasonable water fees levied against cities;
• Supporting future reservoir designations and other new water resources;
• Ensuring high-growth urban areas have enough future water supply to sustain their
populations as well as development opportunities;
• Ensuring environmental flow requirements and inter-basin transfers that enhance
Irving and North Texas’ ability to meet their water needs;
• Limiting legislation that restricts Irving’s ability to continue serving as a regional
water supplier or conveyor.

Water is personal, water is local, water is regional and water is statewide.

Everybody has a different idea, a different approach, a different issue, a
different concern. We must find compromise on our differences and find
strength in our common need for this most vital resource.

4
Utilities and Right-of-Way

Excellent management of the right-of-way is an important part of the quality of life for
residents, businesses and visitors. Local government responds to traffic congestion,
accidents, service outages and water line breaks. In hundreds of different ways, cities are
involved in planning, acquiring, maintaining and managing the right-of-way, with such
dedication to many different details that the public never realizes the problems that
could occur.

Specific issues of importance this session include:

• Franchise fee inflation adjustment issue: As part of its court settlement with cities
in 2005, Oncor agreed to increase its franchise fee factor by 5 percent. The Public
Utilities Commission rejected the agreement during the subsequent rate review.
This decision is contrary to the express language of the law and to decades of legal
precedent. The agency should be held accountable to the legislative process for this
dereliction of authority.
• Protect utility franchise fee and telecommunication access line fee compensation:
The Texas Constitution requires that a city receive market value for use of public
property. Right-of-way fees paid to cities are rental payments for use of that city
property and all users must pay. Any system that manages the compensation
process, or any changes to that process, should keep cities whole.
• Utility relocations: In recent years, there has been an attack on local government’s
ability to manage the local right-of-way. During the last century, Texas law has
required utility companies to relocate their lines during the course of a public
project. This policy serves the best interests of the public by allowing government
to improve streets and drainage while protecting the security of the right-of-way.

The Texas Constitution prohibits cities from granting the use of public
property to any individual or corporation for less than market value.

5
 Utilities and Right-of-Way

This session offers the opportunity to review ways local government can enhance services
for its residents and businesses. Innovative solutions to everyday issues, such as reducing
the monthly electricity bill to making streets safer and more attractive for development by
placing utilities underground, should be considered by the Legislature.

• Aggregation opportunities for electricity buying: The opportunity for local

government to aggregate with its community and buy electricity at a lower cost is
a progressive concept. Giving residents and businesses access to low-cost electricity
would be a significant new service that a city can offer.
• Underground utility initiatives: Placing utility lines underground not only improves
safety, but also benefits communities aesthetically. It also eliminates the need for
extreme tree trimming, which allows trees to develop their natural canopy,
and is better for the environment. With the opportunity to replace an aging
infrastructure, upgrading the system to underground facilities should be strongly
considered.
– Prorate and defer maintenance cost savings: Cities fund a number of utility
burial projects. The result is a cost savings to the utility for maintenance and
upgrade of those lines. Cities should be able to capture the savings.
– Burial incentives: Support utility infrastructure upgrades by allowing
incentives, more flexible use of funds and grants to finance burial projects.

Innovative solutions to everyday problems…

6
Economic Development

In Texas, it is necessary for local government to work together with businesses and
residents, and create an environment that is conducive for economic opportunities and
development. To further this goal, we seek to support and partner with the Legislature
on issues, including:
• Permitting cities to have all the tools necessary to encourage local economic
development;
• Continuation of state appropriations to support the growth of the film industry
in Texas;
• Seek state funding partnerships for economic driving projects like the convention
center and its related entertainment venue facilities;
• Allow innovative partnerships and methods to promote tourism;
• Support for Heritage Crossing through state partnerships and innovative project
financing methods;
• Strategically pursuing redevelopment opportunities for the Texas Stadium site.

Municipalities can successfully use incentives to attain the overlapping

goals of economic development: attracting target industries, employment
opportunities, increasing tax revenue, enhancing quality of life, and
increasing economic activity.

7
 Government Efficiency

We want to exemplify efficiency in all aspects of service to our residents.

• Fiscal Soundness: Support city issues that will promote fiscal soundness for
municipalities and our residents, including:
– Supporting sovereign immunity and protection from costly and frivolous
lawsuits;
– Addressing issues that will support the soundness of the Texas Municipal
Retirement System;
– Serving residents by increasing revenue or revenue options;
– Supporting city control over city revenue and local control of city property.

• Improve the Public Information Act: We advocate open government and support
options that help residents be fully informed about the workings of their govern-
ment. Enhancements to the Public Information Act
could include:
– Help government respond to requests promptly and more efficiently by
allowing the use of a standard form for requests;
– Further address cost recovery for unreasonable records requests;
– Provide a mechanism to address abuses by certain requestors.

• Expert witness fees: Certain private attorneys use municipal employees as “free”
experts to testify in private lawsuits—at taxpayer expense. Those litigants and
their attorneys should be required to pay for these taxpayer-supported services.
• Online advertising for required notices: Currently, there are statutory requirements
for legal notices for biding, zoning and other city actions. These legal notices are
inefficient and often unnoticed by residents. A more effective use of taxpayer
money would be to allow Internet advertising.

8
Quality of Life

In partnership with our legislature, we can turn problems into solutions by addressing
neighborhood needs, environmental issues and property improvements.
• Support for city environmental initiatives:
– Usage of renewable energy;
– Reduction of air emissions and improved air quality;
– Litter abatement initiatives;
– Recycling programs;
– Product life-cycle management;
– Responsible gas drilling in North Texas.

Other areas where the city can enhance the quality of life for its residents:
• Sustained funding for the arts and city libraries: These cultural institutions are at
the heart of the city’s life. By creating, giving and receiving art and educational
opportunities, the cultural bonds of our community are expressively linked and
transverse something greater than ourselves.
• Support for the Legislature’s consideration of smoking laws that streamline
certain regulations, but also leave room for municipalities to have local control
of the issue.
• Support for Campión Trails: Continuation of parks and wildlife appropriations and
grants that help fund a unique treasure for Irving—its planned 22-mile recreational
travel system – Campión Trails. This funding serves all North Texas residents who
will one day benefit from the planned 250 miles of interconnected trail systems.
• Responsibly address property owner association legislation: Cities partner with
property owner associations to sustain code enforcement and enhance quality of
life in neighborhoods and planned communities. Any legislation considered should
allow associations to continue and work together with cities and have necessary
authority to effectuate meaningful support to the municipality.
9
 Oppose

As much as we prefer to focus on the opportunity for meaningful, positive change, the
City of Irving must oppose anything that would not allow us to serve our residents and
meet their needs.

• Possible infringement of constitutional rights, such as:

– Placing limits on communications between city officials, city staff or city
representatives and state officials, and opposing any legislation that limits
the First Amendment rights of elected officials;
– Restricting information to state official from cities or “lobbying” by cities.

• Reduction of municipal revenue or increased costs to cities:

– State-imposed unfunded mandates;
– Revenue or appraisal caps;
– Changes to tax statutes that would harm cities or limit local options;
– Costly or inefficient changes to eminent domain authority;
– Any change between state and local governments that would cause
detrimental fiscal change or reduction of revenue.

• Issues that would negatively impact resident quality of life:

– Eroding city zoning or land use authority;
– Negatively affecting code enforcement authority.

10
Notes
We also support the legislative agenda
of the Texas Municipal League
and other organizations that share
Irving’s interests. The city will
comprehensively support the needs of
Irving residents and corporate citizens
throughout the legislative session.

Thank you for letting the

City of Irving share its thoughts
and concerns about some of the
challenges cities face. We appreciate
your help in addressing these issues
for our community and our state.