More Dead Bills After Yesterday's Deadline

Yesterday was the last day for the House to consider senate bills or joint resolutions on third reading and the last day for the Senate to consider any bills or joint resolutions on third reading. Here is a list of bills and resolutions that have died:

TLC Supported

• Eminent Domain Reform: HJR 31 by Anderson, HJR 65 by Davis, SB 18 by Estes, SB 533 by Duncan, and SB 622 by Hegar
  
• Agricultural Valuation Property Tax Rollback: HB 2230 by Parker
• Voluntary NAIS: SB 682 by Eltife
  

TLC Opposed

• Land Use Mitigation Authority: SB 688 by Wentworth
  
• County Regulatory Land Use Authority: SB 578, SB 2202, SB 2451, and SB 2452 by Wentworth; SB 1226 and SB 1227 by Fraser; SB 1370 by Lucio; SB 2222 and SB 2223 by Van de Putte (amended into HB 2919 by S. King); SB 2439 by Uresti (amended into HB 2919 by S. King); and SB 2555 by Hegar
  
• Groundwater District Authority: SB 2530 by Wentworth
  
• Agricultural Valuation Property Tax Rollback: SB 678 by Shapleigh
  

House Passes Bill to Create Endangered Species Task Force

Last night, the House passed SB 2534 by Wentworth (House Sponsor Corte). This bill would create an interagency task force on economic growth and endangered species to "assist" landowners in mitigation for endangered species and "facilitate" the state and local governments' implementation of endangered species regulations. The task force's first assignment would be to create an advisory committee for the Camp Bullis area in Bexar County.

The only Representatives voting against SB 2534 were D. Miller and S. Miller.  Absent were Kuempel, Pitts, Callegari, and Creighton.

Senate Passes Dyess Military Land Use Regulation

Tonight the Senate passed HB 2919 by S. King (Senate Sponsor Fraser). This bill would require the "defense community" around Dyess Air Force Base in Abilene to consult with base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Unfortunately, HB 2919 was amended on 2nd reading with language from 2223 by Van de Putte (bracketed for Camp Bullis in San Antonio) and SB 2439 by Uresti (bracketed for Laughlin Air Force Base).

Sen. Fraser moved that rules requiring bills to be read on three separate days be suspended to allow HB 2919 to be placed on its third reading and final passage.  On its third reading, the only senators voting against the bill were Harris and Hegar.

Busy Weekend at Texas Legislature

Last Thursday, the House Defense and Veterans' Affairs Committee reported SB 2439 by Uresti favorably.  This bill would create a regional military sustainability commission for Laughlin Air Force Base in Del Rio.  Fortunately SB 2439 has no House Sponsor, has not yet been sent to the House Calendars Committee, and is running out of time to pass in the House.

On Sunday, the House passed SB 2534 by Wentworth (House Sponsor Corte) on second reading. This bill would create an interagency task force on economic growth and endangered species to "assist" landowners in mitigation for endangered species and "facilitate" the state and local governments' implementation of endangered species regulations. The task force's first assignment would be to create an advisory committee for the Camp Bullis area in Bexar County. Tomorrow is the last day for the House to consider Senate bills on third reading.

Yesterday the Senate passed HJR 14 by Corte (Senate Sponsor Duncan). This resolution proposes a constitutional amendment stating: "public use" does not include the taking of property by the State or a political subdivision of the State for transfer to a private entity for the primary purpose of economic development or enhancement of tax revenues.

HB 2919 by S. King (Senate Sponsor Fraser) has been on the Senate Intent Calendar since yesterday. Tomorrow is the last day for the Senate to consider any bills on the third reading. HB 2919 would require the "defense community" around Dyess Air Force Base in Abilene to consult with base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

SB 2222 by Van de Putte (House Sponsor Corte) is on the House Supplemental Calendar for today, which is the deadline for the House to consider Senate bills on the second reading. This bill would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a “regional military sustainability commission.” The commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

Van de Putte's Military Land Use Regulation Bills Still Alive

On Wednesday, May 20th, the House Defense & Veterans' Affairs Committee reported SB 2223 by Van de Putte favorably. This bill would allow a “defense community” that includes a city of at least 1.1 million to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

A very similar bill, SB 2222 by Van de Putte (House Sponsor Corte), has been on the House Major State Calendar since Thursday, May 21st and should soon come to the House floor. This bill would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a RMSC.

Senate Committee Passes Alternative to Military Land Use Regulation

Yesterday the Senate Veteran Affairs & Military Installations Committee voted to report HJR 132 by Corte (Senate Sponsor Wentworth) favorably.

This resolution proposes a constitutional amendment to allow a city or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces or the construction of roadways or infrastructure around military installations.

HJR 132 would allow cities and counties to purchase land surrounding a military installation as opposed to allowing counties to use private land as a buffer area or open space around a base through regulation without compensation as would be allowed by SB 2222 by Van de Putte (House Sponsor Corte) and SB 2223 by Van de Putte, SB 2439 by Uresti for Laughlin Air Force Base in Del Rio, and HB 2919 by S. King (Senate Sponsor Fraser) for Dyess Air Force Base in San Antonio.

County Regulatory Authority Passes Both Chambers

HB 2665 by Ritter (Senate Sponsor Williams) has been passed by both the House and Senate and will now go to the Governor. This bill would allow a county to adopt and impose standards and specifications for the design and installation of address number signs in unincorporated areas of the county. Noncompliance would be a Class C misdemeanor.

Alternative to Military Land Use Regulation Advances

Yesterday the Senate Subcommittee on Base Realignment and Closure reported HJR 132 by Corte (Senate Sponsor Wentworth) favorably.

This resolution proposes a constitutional amendment to allow a city or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces or the construction of roadways or infrastructure around military installations.

HJR 132 would allow cities and counties to purchase land surrounding a military installation as opposed to allowing counties to use private land as a buffer area or open space around a base through regulation without compensation as would be allowed by SB 2222 by Van de Putte (House Sponsor Corte) and SB 2223 by Van de Putte, SB 2439 by Uresti for Laughlin Air Force Base in Del Rio and HB 2919 by S. King (Senate Sponsor Fraser) for Dyess Air Force Base in San Antonio.

Senate State Affairs Hearing Thursday, May 21st

The Senate State Affairs Committee, chaired by Senator Duncan, has scheduled HJR 14 by Corte (Senate Sponsor Duncan) for public hearing today at 1 pm or upon adjournment in the Senate Chamber at the Capitol.

This resolution proposes a constitutional amendment to tighten the definition of public use for a taking to "only if the taking, damage, or destruction is necessary for the elimination of urban blight on a particular parcel of property or the possession, occupation, and enjoyment of the property" by a condemning entity and require compensation for condemnation to include relocation costs for a homestead or farm.

County Regulatory Authority on Senate Intent Calendar

HB 2665 by Ritter (Senate Sponsor Williams) has been on the Senate Intent Calendar since Tuesday, May 19th.

This bill would allow a county to adopt and impose standards and specifications for the design and installation of address number signs in unincorporated areas of the county. Noncompliance would be a Class C misdemeanor.

Important Eminent Domain Reform Advances

SB 18 by Estes (House Sponsor Bonnen) has been placed on the House Major State Calendar for tomorrow, Friday, May 22nd. This bill would require condemning entities that do not make a bona fide offer, as determined by a judge, to pay the owner's attorney's fees.

SB 18 contains language from HB 4 by Orr/SB 533 by Duncan, which would require entities with eminent domain authority to notify the State Comptroller’s office of their authority and which provision of law granted them this power or lose this authority and would also allow a landowner to repurchase property acquired through eminent domain from the condemning entity if the public use is cancelled, if no "actual progress" (significant amount of labor performed, materials furnished, etc.) is made on the project 10 years after the acquisition, or if the property becomes unnecessary for the public use for which it was acquired.

SB 18 also includes language from HB 1389 by Davis, which would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a homestead or farm.

Unfortunately SB 18 no longer contains language which would tighten the definition of "public use" for condemnation and require compensation for diminished access to a highway.

More Military Land Use Regulation Advances

Today the Senate Veteran Affairs & Military Installations Committee reported HB 2919 by S. King (Senate Sponsor Fraser) favorably.

This bill would require the "defense community" around Dyess Air Force Base in Abilene to consult with base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Senate Bill to Create Land Use Control Commissions Placed on House Calendar

Tonight SB 2222 by Van de Putte (House Sponsor Corte) was placed on the House Major State Calendar for Thursday, May 21st. This bill would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

Contact your Representative, and ask them to vote "No" on SB 2222!

Senate Endangered Species Task Force Bill Placed on House LCR Calendar

Today SB 2534 by Wentworth (House Sponsor Corte) was placed on the House Local, Consent, & Resolutions Calendar for Friday, May 22nd.

SB 2534 would create an interagency task force on economic growth and endangered species to "assist" landowners in mitigation for endangered species and "facilitate" the state and local governments' implementation of endangered species regulations. The task force's first assignment would be to create an advisory committee for the Camp Bullis area in Bexar County.

Senate Land Use Mitigation Bill Referred to House Committee

SB 688 by Wentworth has been referred to the House Land & Resource Management Committee. 

This bill allows the commissioner of education, if he determines that a residential development of at least 1,000 single-family units "is likely to significantly increase elementary school student enrollment in a school district and that the increase in enrollment warrants the construction of a new elementary school facility to accommodate the increased elementary school population," to require a developer to sell a school district at least 15 acres within the development in order to receive plat or permit approval. This legislation seems especially unnecessary since school districts currently have eminent domain authority.

Senate Veteran Affairs & Military Installations Hearing Wednesday, May 20th

The Senate Veteran Affairs & Military Installations Committee has scheduled HB 2919 by S. King (Senate Sponsor Fraser) for public hearing tomorrow at 1:30 pm or upon adjournment in the Betty King Committee Room (2E.20) at the Capitol.

This bill would require the "defense community" around Dyess Air Force Base in Abilene to consult with base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Senate Bill to Create Military Land Use Control Commissions Sent to House Calendars

Today SB 2222 by Van de Putte (House Sponsor Corte) was sent to the House Calendars Committee. This bill would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

Now is the time to contact members of the House Calendars Committee, and ask them to keep SB 2222 from coming to the House Floor. Representatives on this committee are McCall (chair), Lucio (vice chair), Chavez, Coleman, Cook, Creighton, Geren, Keffer, Kolkhorst, Kuempel (in hospital recovering from heart attack), McReynolds, Ritter, and Solomons.

Legislative Deadlines Mean Some House Bills are Dead

The House deadline to pass all non-local bills and joint resolutions was Friday, May 15th. Here is a list of house bills that have died:

TLC Supported

• Eminent Domain Reform: HB 4 by Orr, HB 11 by Leibowitz (and duplicate HB 1253 by Bohac), HB 37 by Corte, HB 369 by Brown, HB 402 by Woolley (and duplicate HB 1483 by Pitts), HB 417 by Callegari, HB 1385 and HB 1389 by Davis, HB 1432 by Jackson
• Voluntary NAIS: HB 3322 by Kleinschmidt
  
• Buffer Areas for Military Installations: HB 4130 by Corte
  

TLC Opposed

• County Regulatory Land Use Authority: HB 143 by McClendon, HB 1119 and HB 4175 by Bolton, HB 2056 by Gallego, HB 2167 and HB 3265 by Rose, HB 2506 by Villarreal, HB 2606 by Hunter, HB 2693 and HB 4262 by Rodriguez, HB 3093 by Harless, HB 4248 by Keffer
• Agricultural Valuation Property Tax Rollback: HB 2016 by Villarreal
  
• Groundwater District Authority: HB 4796 by Rose, HB 4805 by Craddick

House Committee Passes Senate Bill to Create Military Land Use Control Commissions

Today the House Defense & Veterans' Affairs Committee reported SB 2222 by Van de Putte favorably after its passage in the Senate on May 8th. This bill would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

Endangered Species Task Force Advances

Today the House Culture, Recreation & Tourism Committee reported SB 2534 by Wentworth favorably. The Senate passed the bill with a 31-0 vote on May 7th.

SB 2534 would create an interagency task force on economic growth and endangered species to "assist" landowners in mitigation for endangered species and "facilitate" the state and local governments' implementation of endangered species regulations. The task force's first assignment would be to create an advisory committee for the Camp Bullis area in Bexar County.

Unfortunately Texas Wildlife Association, Comptroller Susan Combs, Texas Watershore Management Foundation, Texas Farm Bureau, Bexar County Commissioners Court, Texas Association of Builders, and Texas and Southwestern Cattle Raisers Association are on record for this bill.

Dyess Air Force Base Land Use Oversight Passes House

Today the House passed HB 2919 by S. King. This bill would require the "defense community" around Dyess Air Force Base in Abilene to consult with base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Fortunately this bill was not amended with language from HB 2056 by Gallego/SB 2439 by Uresti, HB 143 by McClendon, or SB 2222 and SB 2223 by Van de Putte. All of these bills would give counties direct land use control on private property surrounding bases.

House Eminent Domain Reform Referred to Senate Committee

HJR 14 by Corte has been referred to the Senate State Affairs Committee after its passage in the House with a 144-0 vote. This resolution proposes a constitutional amendment to tighten the definition of public use for a taking to "only if the taking, damage, or destruction is necessary for the elimination of urban blight on a particular parcel of property or the possession, occupation, and enjoyment of the property" by a condemning entity.

The engrossed version of this bill includes language from HJR 65 by Davis, which would require compensation to include relocation costs for a homestead or farm.

Senate's Military Land Use Regulation Bills Referred to House Committee

SB 2222 by Van de Putte and SB 2439 by Uresti have been referred to the House Defense & Veterans' Affairs Committee after their passage in the Senate on May 8th.

SB 2222 would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

SB 2439 and its companion, HB 2056 by Gallego, would allow the regulation of private land surrounding Laughlin Air Force Base in Del Rio. HB 2056 has been on the General State Calendar since May 11th.

More Land Use Mitigation Advances

SB 688 by Wentworth has been placed on the Senate's intent calendar for May 14th.

This bill allows the commissioner of education, if he determines that a residential development of at least 1,000 single-family units "is likely to significantly increase elementary school student enrollment in a school district and that the increase in enrollment warrants the construction of a new elementary school facility to accommodate the increased elementary school population," to require a developer to sell a school district at least 15 acres within the development in order to receive plat or permit approval. This legislation seems especially unnecessary since school districts currently have eminent domain authority.

Military Land Use Regulation Bills Await Readings on House Floor

HB 2919 by S. King has been on the General State Calendar since May 8th, and HB 2056 by Gallego has been on the General State Calendar since May 11th.

HB 2919 may come to the House Floor for its second reading later today. This bill would require a "defense community" to consult with defense base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

HB 2056 and its companion, SB 2439 by Uresti, would allow regulation of private land surrounding Laughlin Air Force Base in Del Rio. The House received SB 2439 on May 11th after its passage in the Senate on May 8th.

County Land Use Mitigation Advances

HB 2693 by Rodriguez has been placed on the General State Calendar for May 14th.  This bill would allow Travis and Bexar Counties to charge property owners impact fees for arterial streets serving a subdivision.

Senate Passes Second Bill to Create Military Land Use Control Commissions

Tonight the House received SB 2223 by Van de Putte after its passage in the Senate today. This bill would allow a “defense community” that includes a city of at least 1.1 million to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

On May 8th, the House received similar bill, SB 2222 by Van de Putte, after its passage in the Senate. This bill would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a RMSC.

Houses Passes Meaningful Eminent Domain Reform

Today the Senate received HJR 14 by Corte after its passage in the House last night with a vote of 144-0. This resolution proposes a constitutional amendment to tighten the definition of public use for a taking to "only if the taking, damage, or destruction is necessary for the possession, occupation, and enjoyment of the property by the public at large or by the State or a political subdivision of the State."

Senate Passes Controversial Eminent Domain Reform

Today the House received SJR 42 by Duncan after its passage in the Senate.  This resolution proposes a constitutional amendment to read:  "public use" does not include the acquisition of a private property interest for the primary purpose of economic development when the acquired property interest is transferred to the benefit of a private person or entity.

Opponents are concerned that this resolution allows "public use" for the secondary purpose of economic development.

Land Use Regulation Surrounding Laughlin Air Force Base Advances

Today HB 2056 by Gallego was placed on the General State Calendar, and the House received its companion, SB 2439 by Uresti, from the Senate. These bills would allow regulation of private land surrounding Laughlin Air Force Base in Del Rio.

Second Bill to Create Military Land Use Control Commissions Advances

Today SB 2223 by Van de Putte was placed on the Senate intent calendar for Monday, May 11th. This bill would allow a “defense community” that includes a city of at least 1.1 million to create a “regional military sustainability commission” to establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

More Eminent Domain Reform Advances

Today SJR 42 by Duncan was placed on the Senate intent calendar after it was reported favorably as substituted by the Senate State Affairs Committee yesterday. This resolution proposes amending the Texas Constitution to read: "public use" does not include the acquisition of a private property interest for the primary purpose of economic development when the acquired property interest is transferred to the benefit of a private person or entity.

Another Military Land Use Regulation Bill Advances

Today HB 2919 by King was placed on the General State Calendar for its second reading. This bill would require a "defense community" to consult with defense base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Senate Passes Bill to Create Laughlin Air Force Base Zoning Board

Today the Senate had second and third readings and passed SB 2439 by Uresti as amended.  This bill would create a regional military sustainability commission for Laughlin Air Force Base in Del Rio.

On April 22nd, the House Defense and Veterans' Affairs Committee reported its companion, HB 2056 by Gallego, favorably as substituted. The bill is currently in the House Calendars Committee, where it could be scheduled to come to the House floor.

Senate Passes Bill to Create Military Land Use Control Commissions

Today the Senate had second and third readings and passed SB 2222 by Van de Putte.

The Senate Veteran Affairs & Military Installations Committee, which Senator Van de Putte chairs, voted on this bill on April 22nd. Senator Huffman was the only member of the committee to vote against SB 2222. He also voted against similar bill, SB 2223 by Van de Putte, and SB 2439 by Uresti.

SB 2222 would allow a county with unincorporated area and a city with extraterritorial jurisdiction located within 5 miles of a military installation to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training); SB 2223 would allow a “defense community” that includes a city of at least 1.1 million to create a RMSC.

Eminent Domain Reform Advances

Today the House passed HB 2685 by Callegari. HB 2685 would require condemning entities to provide a landowner with a copy of the Landowner's Bill of Rights at least 7 days before making a final offer and before or at the same time the "entity first represents in any manner to the landowner that the entity possesses eminent domain authority."

Today the House received SB 18 by Estes, which was passed unanimously by the Senate yesterday. SB 18 and its companion HB 1483 by Pitts are similar to last session's comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry.

On April 16th, the House Land & Resource Management Committee sent the committee report for HB 417 by Callegari to the House Calendars Committee after reporting the bill favorably on April 9th. HB 417 would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a comparable standard of living.

On April 29th, the House Land & Resource Management Committee reported HJR 14 by Corte favorably as substituted. HJR 14 proposes a constitutional amendment to tighten the definition of public use for a taking to "only if the taking, damage, or destruction is necessary for the possession, occupation, and enjoyment of the property by the public at large or by the State or a political subdivision of the State."

On April 30th, the House Urban Affairs Committee sent the committee report for HB 1389 by committee chair Davis to Calendars after reporting the bill favorably on April 29th. HB 1389 would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a homestead or farm.

Committees Pass Eminent Domain Reform

Today the Senate State Affairs Committee reported SB 18 by Estes favorably as substituted. HB 1483 by Pitts (duplicate of HB 402 by Woolley) is still pending in the House Land & Resource Management Committee. These bills are very similar to the comprehensive eminent domain reform bill, HB 2006, vetoed by Governor Perry last session.

SB 18's committee substitute includes language from HB 4 by Orr and its companion SB 533 by Duncan, which would penalize a condemning entity for not making a bona fide offer by requiring the entity to pay the landowner's related attorney's fees. HB 4 has Governor Perry's support but does not include compensation for diminished access.

Today the House Land & Resource Management Committee reported HJR 14 by Corte favorably as substituted. This resolution proposes a constitutional amendment to tighten the definition of public use for a taking to "only if the taking, damage, or destruction is necessary for the possession, occupation, and enjoyment of the property by the public at large or by the State or a political subdivision of the State."

Zoning Surrounding Laughlin Air Force Base Passes House & Senate Committees

Today the Senate Veteran Affairs & Military Installations Committee reported SB 2439 by Uresti favorably as substituted.

TLC registered against SB 2439 on Wednesday, April 8th and testified against HB 2056 by Gallego, SB 2439's companion in the Senate, on Wednesday, March 25th. On April 22nd, the House Defense and Veterans' Affairs Committee reported HB 2056 favorably as substituted.

These bills would create a Joint Airport Zoning Board to regulate the use of private land surrounding Laughlin Air Force Base in Del Rio. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

House Natural Resources Hearing Tuesday, April 28th

The House Natural Resources Committee has scheduled HB 4805 by Craddick for public hearing tomorrow at 8 am in E2.010 at the Capitol. HB 4805 would create a West Texas Water Supply District with taxing and eminent domain authority (not limited to easements) and authority to build roadways, dams, etc. within 130 miles of the initial boundaries of the district.

TLC will oppose this bill.

House Judiciary & Civil Jurisprudence Hearing Monday, April 27th

The House Judiciary & Civil Jurisprudence Committee has scheduled HB 2506 by Villarreal for public hearing today upon adjournment in E2.010 at the Capitol. HB 2506 would allow a person to file suit against local government only within 5 years of the original application for a permit or the first permit in a series of permits or of the plan for development or plat application.

TLC will oppose this bill.

Military Base Land Use Regulation Bills Pass Committee

Today the House Defense and Veterans' Affairs Committee reported HB 2056 by Gallego and HB 2919 by King favorably as substituted.

TLC testified against HB 2056 on Wednesday, March 25th and registered against HB 2056's companion in the Senate, SB 2439 by Uresti, on Wednesday, April 8th. These bills would create a Joint Airport Zoning Board to regulate the use of private land surrounding Laughlin Air Force Base in Del Rio. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

HB 2919 is co-authored by Committee Vice Chairman Vaught. This bill would require a "defense community" to consult with defense base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Senate State Affairs Hearing Thursday, April 23rd

The Senate State Affairs Committee has scheduled SB 18 by Estes and SJR 42 by Committee Chairman Duncan for public hearing Thursday, April 23rd at 1 pm in the Senate Chamber at the Capitol.

SB 18 is similar to last session's comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry because it would require compensation for diminished access and thus would be too expensive for the state. TLC registered for this bill at its March 30th public hearing. TLC also registered for HB 1483, SB 18's companion in the House, at its March 25th public hearing.

SJR 42 proposes amending the Texas Constitution to read: "public use" does not include the acquisition of a private property interest for the primary purpose of economic development when the acquired property interest is transferred to the benefit of a private person or entity.

Senate International Relations & Trade Hearing Wednesday, April 22nd

The Senate International Relations & Trade Committee has scheduled SB 1370 by Committee Chairman Lucio for public hearing on Wednesday, April 22nd at 9 am in 2E.20 (Betty King Committee Room) at the Capitol.

SB 1370's companion, HB 2833 by Marquez, was reported favorably as substituted by the House County Affairs Committee on April 6th. These bills would allow counties within 50 miles of the Texas-Mexico border to regulate development in the unincorporated areas of the county.

Senate Veteran Affairs & Military Installations Hearing Wednesday, April 22nd

The Senate Veteran Affairs & Military Installations Committee has scheduled SB 2439 by Uresti for public hearing on Wednesday, April 22nd at 8 am in the Betty King Committee Room at the Capitol.

TLC registered against SB 2439 on Wednesday, April 8th and testified against HB 2056 by Gallego, SB 2439's companion in the House, on Wednesday, March 25th. These bills would create a Joint Airport Zoning Board to regulate the use of private land surrounding Laughlin Air Force Base in Del Rio. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

House Transportation Committee Hearing Tuesday, April 21st

The House Transportation Committee has scheduled HB 11 by Leibowitz for public hearing on Tuesday, April 21st at 8 am in E2.014 at the Capitol. This bill would repeal the authority for the establishment and operation of the Trans-Texas Corridor.

House Urban Affairs Hearing Thursday, April 16th

The House Urban Affairs Committee has scheduled HB 37 by Corte and HB 1389 by Chairwoman Davis for public hearing on Thursday, April 16th at 10:30 am in E2.028 at the Capitol. TLC will support these bills.

HB 37 would allow a city to condemn property that has characteristics of "blight" or a "slum" only if the condition of the property is an immediate threat to public health and safety.

HB 1389 would tighten the definition of "blighted area" for condemnation by a city and require compensation to include relocation costs for a homestead or farm.

House County Affairs Hearing Thursday, April 16th

The House County Affairs Committee has scheduled HB 2665 by Ritter and HB 2693 by Rodriguez for public hearing on Thursday, April 16th at 2 pm in E2.026 at the Capitol. TLC will oppose these bills.

HB 2665 would allow a county to adopt and impose standards and specifications for the design and installation of address number signs in unincorporated areas of the county. Noncompliance would be a Class C misdemeanor.

HB 2693 would allow Travis and Bexar Counties to charge property owners impact fees for arterial streets serving a subdivision.

House Defense & Veterans' Affairs Hearing Wednesday, April 15th

The House Defense & Veterans' Affairs Committee has scheduled HB 4130 and HJR 132 (both authored by Chairman Corte) for public hearing on Wednesday, April 15th at 8 am in E2.026 at the Capitol.

HB 4130, enabling legislation for HJR 132, would allow a city or county to issue bonds or notes to finance the acquisition of buffer areas or open spaces or the construction of roadways or infrastructure around military installations.

Corte's proposed legislation would allow cities and counties to purchase land surrounding a military installation as opposed to allowing counties to use private land as a buffer area or open space around a base through regulation without compensation (as would be allowed by HB 2056 by Gallego/SB 2439 by Uresti for Laughlin Air Force Base in Del Rio and HB 143 by McClendon for Camp Bullis in San Antonio).

The House Defense & Veterans' Affairs Committee left both HB 2056 and HB 143 pending after hearing testimony on March 25th.

The Senate Veteran Affairs and Military Installations Committee left SB 2439, HB 2056's companion in the Senate, pending after hearing testimony yesterday, April 8th.

Senate Veteran Affairs & Military Installations Hearing Wednesday, April 8th

The Senate Veteran Affairs & Military Installations Committee has scheduled SB 2439 by Uresti for public hearing on Wednesday, April 8th at 1:30 pm in the Betty King Committee Room (2E.20) at the Capitol.

TLC testified against HB 2056 by Gallego, SB 2439's companion in the House, on Wednesday, March 25th. These bills would create a Joint Airport Zoning Board to regulate the use of private land surrounding Laughlin Air Force Base in Del Rio. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

House Land & Resource Management Hearing Wednesday, April 8th

The House Land & Resource Management Committee has scheduled the following county land use regulation bills for public hearing on Wednesday, April 8th at 8 am in E2.012 at the Capitol: HB 2606 by Hunter, HB 4175 by Bolton, and HB 4262 by Rodriguez.

HB 2606 would grant Aransas County zoning authority within 2 miles of recreational areas. Noncompliance would be considered a misdemeanor punishable by fine, imprisonment, or both.

HB 4175 would allow Travis County to adopt buffer zone regulations of any distance between "industry" and any land use they deem appropriate to protect. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

HB 4262 would grant both Bexar County (in cooperation with the City of San Antonio) and Travis County (in cooperation with the City of Austin) zoning authority in the ETJ. This bill would also grant these joint zoning commissions authority to regulate the extraction and use of groundwater. Noncompliance would be considered a misdemeanor punishable by fine, imprisonment, or both.

TLC will testify against these bills.

HB 4175's companion in the Senate, SB 2451, and HB 4262's companion, SB 2202, are both authored by Senator Wentworth and have been referred to the Senate Intergovernmental Relations Committee, of which Wentworth is a member, but have not yet been scheduled for a hearing.

House Ways & Means Hearing Monday, April 4th

The House Ways & Means Committee has scheduled HB 2230 by Parker for public hearing on Monday, April 4th at 8:30 am in JHR 140 at the Capitol. This bill would relieve landowners of liability for interest on rollback taxes if land loses its agricultural valuation.

Senate State Affairs Hearing Monday, March 30th

The Senate State Affairs Committee has scheduled SB 18 by Estes and SB 533 by Duncan for public hearing Monday, March 30th at 10 am in the Senate Chamber.

The House Land & Resource Management Committee heard hours of testimony on HB 1483, SB 18's companion, and HB 4, SB 533's companion, and several other eminent domain reform bills and joint resolutions on Wednesday, March 25th.  Lauren registered TLC's support of HB 1483, HB 4, HB 1385, HB 1432, HJR 14, HJR 31, and HJR 65 at the hearing.

Groups Show Support for SB 682

Yesterday, Jimmy and leaders of Texas Organic Farmers and Gardeners Association, Farm and Ranch Freedom Alliance, Texas Eagle Forum, Keller Horse Owners Association, US Boer Goat Association, Mid South Natural Organic Farms, and Texas Farmers Union testified in support of SB 682 by Eltife before the Senate Agriculture & Rural Affairs Committtee.

The bill would keep USDA's National Animal Identification System (NAIS) voluntary in Texas until the federal government makes the program mandatory, would allow participants to withdraw at any time, and would prohibit a person from making participation in any other program (stock show, etc.) contingent on participation in NAIS.

Representatives from Texas and Southwestern Cattle Raisers Association (TSCRA) gave neutral testimony on the bill and offered their concerns about NAIS' potential costs and liability for producers. TSCRA's website, however, states that the organization opposes SB 682.

Texas Farm Bureau (TFB) and Texas Cattle Feeders Association (TCFA) gave testimony opposing the bill. TFB's policy supports a voluntary NAIS but TFB contends that the bill is unnecessary and imposes a fee on participants. TCFA's policy supports a mandatory NAIS.

SB 682 was left pending in committee.

House Land & Resource Management Hearing Wednesday, March 25th

The House Land & Resource Management Committee has scheduled several eminent domain reform bills (including HB 4 by Orr, a committee member; HB 1385 by Davis; HB 1432 by Jackson; and HB 1483 by Pitts) and joint resolutions (HJR 14 by Corte, HJR 31 by Anderson, and HJR 65 by Davis) for public hearing on Wednesday, March 25rd at 8 am in E2.012 at the Capitol. TLC will support these bills and resolutions.

HB 4 would require entities with eminent domain authority to notify the State Comptroller’s office of their authority and which provision of law granted them this power. HB 1385 would require adequate compensation for the taking of a homestead or farm, including relocation costs. HB 1432 would allow a landowner to repurchase property acquired through eminent domain from the condemning entity if the public use is cancelled, if no "actual progress" (significant amount of labor performed, materials furnished, etc.) is made on the project 5 years after the acquisition, or if the property becomes unnecessary for the public use. HB 1483 is similar to last session’s comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry.

HJR 14 would create a constitutional amendment to limit the condemnation of private property for public use. HJR 31 would create a constitutional amendment to prohibit condemnation for private property for economic development or to benefit a particular private party. HJR 65 would create a constitutional amendment to require adequate compensation for the taking of a homestead or farm (similar to HB 1385).

HB 4's companion in the Senate, SB 533 by Duncan, and HB 1483's companion, SB 18 by Estes, have been referred to the Senate State Affairs Committee, which Duncan chairs. HB 1483 is a duplicate of HB 402 by Woolley, which has been referred to the House Land & Resource Management Committee.

House Defense & Veterans' Affairs Hearing Wednesday, March 25th

The House Defense & Veterans' Affairs Committee has scheduled HB 143 by McClendon and HB 2056 by Gallego for public hearing on Wednesday, March 25th at 8 am in E2.026 at the Capitol.

TLC will testify against these bills, which would give local governments regulatory authority over private land surrounding a military facility. HB 143 is bracketed for Camp Bullis in San Antonio; HB 2056 is bracketed for Laughlin Air Force Base in Del Rio.

HB 2056's companion in the Senate, SB 2439 by Uresti, has not yet been referred to committee.

Senate Ag Hearing Monday, March 23rd

The Senate Agriculture & Rural Affairs Committee has scheduled SB 682 by Eltife for public hearing on Monday, March 23rd at 3 pm in E1.012 at the Capitol. TLC will testify in support of this bill, which would keep USDA's National Animal Identification System (NAIS) voluntary in Texas until it becomes mandatory at the federal level and would also allow participants to withdraw from the program at any time.

SB 682's companion in the House, HB 3322 by Kleinschmidt, has been referred to the House Agriculture & Livestock Committee but has not yet been scheduled for a hearing.

TLC Opposes County Zoning

TLC was hard at work today, explaining the threat to private property rights that proposed legislation giving counties broad regulatory authority over land use poses. Jimmy and Lauren distributed TLC's position statements opposing SB 578 by Wentworth and HB 2167 by Rose to legislators' staff.

SB 578 has been referred to the Senate Intergovernmental Relations Committee, of which Wentworth is a member; HB 2167 has been referred to the House Land & Resource Management Committee.

Other county land use regulation bills TLC opposes include: SB 1226 and SB 1227 by Fraser (referred to Senate Business & Commerce, of which Fraser is Chair), HB 2056 by Gallego (referred to House Defense and Veterans' Affairs) and companion SB 2439 by Uresti, HB 1119 by Bolton (referred to House Land & Resource Management), and HB 143 by McClendon (referred to House Defense and Veterans' Affairs).

Fighting the Good Fight Against NAIS

TLC, along with 59 other organizations, has signed on to letters to the US Senate and the Obama Administration written by Farm and Ranch Freedom Alliance Executive Director Judith McGeary. These letters voice opposition to USDA's National Animal Identification System (NAIS) that threatens to bankrupt small farm and ranching operations throughout the US.

Today the US House Subcommittee on Livestock, Dairy and Poultry held a hearing on "animal identification programs." This subcommittee has two members from Texas: K. Michael Conaway (202-225-3605 or 866-882-3811) and Randy Neugebauer, Ranking Minority Member (202-225-4005 or 888-763-1611). TLC has active members who own land in both US Representatives' districts.

At the Texas Legislature, TLC supports SB 682 by Eltife and its companion HB 3322 by Kleinschmidt, which would keep NAIS voluntary in Texas and allow participants to opt out at any time.

Property Tax Changes

TLC knows that property taxes are inherently unfair and would like to ultimately see them disappear.

Yesterday, Lauren attended a Capital City A&M Club lunch program featuring Representative John Otto, Vice Chair of the House Ways & Means Committee and member of the House Appropriations Committee. Representative Otto discussed HB 2, enabling legislation for HJR 36. With his proposed legislation and constitutional amendment, Otto hopes to reform the property tax appraisal process by requiring districts to appraise a residence homestead based solely on the property's value as a residence homestead instead of as its "highest and best use" and by creating regional appraisal review boards with qualified judges.

Several bills have been filed this session which would affect agricultural tax valuation. SB 678 by Shapleigh would increase the rollback property taxes on land that loses its agricultural valuation from 5 to 10 years. HB 2230 by Parker would relieve landowners of liability for interest on rollback taxes if land loses its agricultural valuation.

Let the Hearings Begin

Today, Jimmy provided TLC's position on SB 688 by Wentworth at a Senate Education Committee hearing. TLC opposes this bill as it allows the commissioner of education, if he determines that a residential development of at least 1,000 single-family units "is likely to significantly increase elementary school student enrollment in a school district and that the increase in enrollment warrants the construction of a new elementary school facility to accommodate the increased elementary school population," to require a developer to sell a school district at least 15 acres within the development in order to receive plat or permit approval. This legislation seems especially unnecessary since school districts currently have eminent domain authority.

Thus far, SB 688 is the only bill TLC is tracking that has been scheduled for a hearing.