HomeMy WebLinkAboutRES 23-134RESOLUTION NO. 23-134
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT
AUTHORIZING OPPOSITION TO LEGISLATIVE CHANGES RELATING TO H.B.
866, 1279, 1489, 2127, 2266, 2970, 3921 AND S.B. 175, 814, 1412, 1421, 1786,
1787.
WHEREAS, the City of Beaumont is geographically situated approximately 79
miles east from Houston, approximately 30 miles west of the Louisiana state line and
borders the Gulf of Mexico; and,
WHEREAS, the City of Beaumont is a small mid -sized city seated in Jefferson
County with more than 115,282 residents; and,
WHEREAS, the City of Beaumont has the largest preservation overlay in the
State of Texas, also known as the Oaks Historic District; and,
WHEREAS, the City believes that allowing local residents and community groups
to participate in the decision -making process, cities are better able to tailor their policies
to the specific needs and preferences of their communities; and
WHEREAS, H.B. 866 limits the ability of the City to ensure that "plats" and
"plans" that are brought before the Planning and Zoning Commission and City Council
meet certain minimum requirements;' and,
WHEREAS, H.B. 1279 would negatively impair current contracts that the City has
in place with private businesses in the City's extraterritorial jurisdiction (ETJ); and,
WHEREAS, H.B. 1489 limits the usage of certificates of obligation to only in a
public emergency, in response to a court order, or to comply with state or federal
regulation; and
WHEREAS, H.B. 2127 AND S.B. 814 preempts city regulations in a field
occupied by the Agriculture, Finance, Insurance, Labor, Natural Resources, and
Occupations Code. Property and Finance Code and prohibits a city from regulating
licensed animal businesses; and,
WHEREAS, H.B. 2266 allows a state license holder to bring legal action against
a city if city regulation results in adverse economic impact on the license holder; and
WHEREAS, H.B. 2970 allows HUD -code homes in all residential under certain
circumstances; and,
WHEREAS, N.B. 3921 and S.B. 1787 undermine the role of local government in
shaping the character and quality of their neighborhoods; and,
WHEREAS, S.B. 175 prohibits cities and other political subdivisions from spending
public funds to hire lobbyists or join nonprofit associations (like TML) that represent
political subdivisions and contract with individuals who are required to register as
lobbyists; and,
WHEREAS, S.B. 1412 allows an accessory dwelling unit (ADU) in a single-family
zoning or un- zoned areas by right, and prohibit much of a city's ability to regulate an
ADU; and,
WHEREAS, S.B. 1421 limits city regulation of agricultural operations and
vegetation height restrictions within city limits and the extraterritorial jurisdiction; and,
WHEREAS, S.B. 1786 modifies approval procedures for property development
application review and inspection for cities including allowing for third -party reviews and
inspectors; and,
WHEREAS, the 2023 Texas Legislative Session has begun;
NOW, THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1. The City Council opposes legislation that undermines local
decision- making authority and disregards the unique needs and circumstances of
individual communities.
SECTION 2. The City Council opposes the passage of such Shot Clock Legislation
(H.B.866) as currently drafted.
SECTION 3. The City Council opposes legislation (H.B. 1489) that would limit
the circumstances in which a city council could issue a CO to finance certain public
works only: (1.) to comply with a state or federal law, rule, or regulation if the city is
officially notified of its noncompliance; (2) if the city council believes an expenditure on a
public work is necessary to mitigate the impact of a public health emergency or natural
disaster; or (3) if a court renders a decision that requires the city to construct or improve
a public work.
SECTION 4. The City Council opposes legislation (H.B. 1279) that would
negatively impair the current contracts that the City has in place with private businesses
in the City's extraterritorial jurisdiction (ETJ) by reducing the City's ETJ from five miles
to one-half miles. This would result in industrial facilities that are fully within the City's
ETJ to be partially or fully outside of the City's ETJ, thereby limiting or removing the
ability of the City and the industrial facilities to contract on many subjects that impact the
orderly planning of the City and expansion of those industrial facilities.
SECTION 5. The City Council opposes legislation (H.B. 2127 and S.B. 814) that
undermines the home -rule authority Article XI, Section 5 of the Texas Constitution
provides. Broad local control allows City Council to address unexpected and city -
specific concerns that affect their neighbors' health and safety. This proposed legislation
is an unprecedented attach on local control by distant lawmakers. It will subject cities to
a flood of litigation challenging city ordinances based on claims under eight state codes,
which will discourage cities from adopting and enforcing ordinances to protect public
health, safety, and welfare. It provides little guidance about what a city can or cannot do,
and the direction it does provide is left entirely to the courts to interpret.
SECTION 6. The City Council opposes legislation (H.B. 2266) that will
unintentionally result in a flood of litigation to prevent enforcement of city ordinances
and regulations, such as local health, building, and fire code amendments, designed to
protect the health, safety, and welfare of city residents.
SECTION 7. The City Council opposes legislation (H.B. 2970) that would permit
the placement of a new HUD -code manufactured home by right in all zoning
classifications that allow detached single family or duplexes.
SECTION 8. The City Council opposes legislation (H.B. 3921 and S.B. 1787) that
would restrict local authority and reduce compatibility between distinct residential zoning
districts by superimposing a one -size -fits -all approach without regard to its
appropriateness or impact on established neighborhoods. The City's zoning authority
allows it to protect the public welfare and safety by (1) lessening congestion in the
streets; (2) securing safety from fire, panic, and other dangers; (3) promoting the health
and general welfare; (4) providing adequate light and air; (5) preventing the
overcrowding of land; (6) avoiding the undue concentration of population; and (7)
facilitate the adequate provision of transportation, water, sewers, schools, parks, and
other public requirements. This legislation undermines their ability to maintain orderly
development and implementation of a comprehensive plan through zoning ordinances
and subdivision regulations that address compatibility concerns such as density,
setbacks, desired open space, and tree preservation.
SECTION 9. The City Council opposes legislation (S.B. 175) that would prohibit
membership in a non --profit organization that provides many benefits for my city, such as
training for city officials and employees, legal assistance on matters of municipal law,
and access to a wide array of experts and information - all of which helps us to better
serve the citizens of our city. Services which individual cities have neither time, money
nor strength to do alone. Local elected officials would lose the ability to meaningfully
participate in the statewide discussions that keenly affect local governments and the
diverse group of Texans they represent.
SECTION 10. The City Council opposes legislation (S.B. 1412) that would
generally restrict a city from adopting or enforcing regulations that prohibit an owner from
building, selling, or renting an accessory dwelling unit (ADU), or require owner occupancy
of the primary dwelling unit of a lot with an ADU for any lot zoned for single-family or
duplex uses with only minimal oversight by the city.
SECTION 11. The City Council opposes legislation (S.B. 1421) that would prohibit
a city from imposing a governmental regulation on agricultural operations located
anywhere within city limits until certain conditions are met.
SECTION 12, The City Council opposes legislation (S.B. 1786) that would modify
approval procedures for property development application review and inspection for
cities including allowing for third -party reviews and inspectors.
SECTION 13. For each bill opposed by the City in this Resolution, City Council
supports amendments that would make the effects of such legislation inapplicable to
home -rule cities with a population of less than 85,000.
SECTION 14. The City Council supports legislation that allows jurisdictions to
preserve or craft their own unique local character with traditional land use regulations
that recognize a potential need for diverse housing forms and choices.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 9th day of
May, 2023.41
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"! I - Mayor Robin Mouton -