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.