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.
Friday, May 22, 2009
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.
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.
Thursday, May 21, 2009
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.
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.
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.
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.
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.
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.
Tuesday, May 19, 2009
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.
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.
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.
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.
Monday, May 18, 2009
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
TLC Opposed
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
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