Monday, April 18, 2011

House Land & Resource Management hearing today

The House Land & Resource Management Committee has scheduled HB 524 by Brown, HB 2356 by Simpson, HJR 110 by Y. Davis and and HB 3492 by Coleman for public hearing today upon adjournment in E2.012 at the Capitol.

HB 524 relates to a court order to disannex an area from a city if the city fails to provide services.  HB 2356 would restrict the eminent domain power of common carriers and electric cooperatives.  HJR 110 proposes a constitutional amendment to require compensation for relocation costs associated with condemnation takings.

HB 3492 would allow counties to adopt buffer zones and comprehensive plans and assess roadway cost recovery fees and would provide a penalty for noncompliance.

TLC will support HB 524, HB 2356 and HJR 110 and oppose HB 3492.

Tuesday, April 12, 2011

House Natural Resources hearing today

TLC will support HB 2166 by Price at today's House Natural Resources Committee hearing in E2.010 at the Capitol.  This bill would allow a landowner to appeal desired future conditions set by a groundwater conservation district to a district court.

Wednesday, April 6, 2011

House Defense & Veterans' Affairs Committee hearing Thursday, April 7

The House Defense & Veterans' Affairs Committee has scheduled HB 3533 by Larson for public hearing tomorrow, Thursday, April 7 at 8 am in E2.012 at the Capitol.  HB 3533 would give counties and cities zoning authority surrounding U.S. Air Force bases.


TLC will oppose this bill.

Monday, April 4, 2011

House Natural Resources Committee hearing Tuesday, April 5

The House Natural Resources Committee has scheduled HB 2398 by S. Miller, HB 1755 by Callegari, HB 2939 by T. King, HB 1279 by D. Miller and HB 2760 by Garza for public hearing tomorrow, Tuesday, April 5 at 8 am in E2.010 at the Capitol.

TLC requested the filing of HB 2398 and HB 1755 to protect the rights of landowners within groundwater conservation districts.  H.B. 2398 would require district rules to be consistent with the U.S. and Texas Constitutions.  H.B. 1755 would prohibit districts from discriminating between landowners in different "geographic areas" over the same aquifer subdivision.

HB 2939 would require oil and gas well owners/operators to report their annual usage of groundwater to TCEQ and the Texas Water Development Board.

HB 1279 would exempt the Edwards Aquifer Authority from Chapter 36 Water Code, which governs groundwater conservation districts.  HB 2760 would allow EAA, Guadalupe-Blanco River Authority and San Antonio River Authority to impose a sales and use tax to fund species protection.

TLC will support HB 2398, HB 1755 and HB 2939 and oppose HB 1279 and HB 2760.

Wednesday, March 30, 2011

House County Affairs Committee hearing Thursday, March 31

The House County Affairs Committee has scheduled HB 2317 by D. Miller for public hearing tomorrow, Thursday, March 31 at 10:30 am or upon adjournment in E2.016 at the Capitol.  This bill would grant Bandera, Comal, Gillespie and Kendall counties authority to regulate density of development through lot sizes and "reasonable" building and set-back lines and impose a "roadway infrastructure cost recovery fee," after local option election.  The penalty for noncompliance would be up to $1,000 per day.

TLC will oppose HB 2317.

Tuesday, March 29, 2011

Senate Natural Resources Committee hearing Tuesday, March 29

The Senate Natural Resources Committee has scheduled SB 572 and SB 573 by Nichols for public hearing today at 9 am in E1.012 at the Capitol.  TLC will support these bills, which relate to certificates of public convenience and necessity for water or sewer utility service.

House Land & Resource Management Committee hearing Monday, March 28

TLC opposed HB 3190 by Oliveira and supported HB 3534 and HB 3535 by Kleinschmidt at the House Land & Resource Management Committee hearing yesterday at the Capitol.  HB 3190 would authorize counties and cities to regulate land development and provide a penalty for noncompliance.  HB 3534 and HB 3535 would penalize political subdivisions for violating laws relating to permits.

Monday, March 21, 2011

House County Affairs Committee hearing Thursday, March 24


The House County Affairs Committee has scheduled HB 1998 by Shelton, HB 1767 and HB 1769 by Munoz, Jr., HB 1649 by Marquez and HJR 89 by Coleman for public hearing Thursday, March 24 at 10:30 am or upon adjournment in E2.016 at the Capitol.  HB 1998 would allow counties "to enforce minimum infrastructure standards for manufactured home rental communities" and provide a penalty for noncompliance.  HB 1767 would allow counties to enforce the prohibition of "more than one residential dwelling on each subdivision lot."  HB 1769 and HB 1649 would allow counties to enforce "building code standards for new residential construction in" unincorporated areas and charge a fee.

HJR 89 proposes "a constitutional amendment allowing a state mandate imposed on a county to have effect only if the state provides for payment to the county of the cost of the mandate."

TLC will oppose HB 1998, HB 1767, HB 1769 and HB 1649 and will support HJR 89.

Senate Intergovernmental Relations Committee hearing Wednesday, March 23

The Senate Intergovernmental Relations Committee has scheduled SB 732 by Nichols for public hearing Wednesday, March 23 at 9:30 am in E1.028 at the Capitol.  SB 732 would prohibit cities from regulating the clearing of trees and vegetation in their extraterritorial jurisdiction.

TLC will support this bill.

House Natural Resources Committee hearing Tuesday, March 22


The House Natural Resources Committee has scheduled HB 491 by Dutton for public hearing Tuesday, March 22 at 8 am in E2.010 at the Capitol.  HB 491 would allow "a water or sewer utility to impose an impact fee."

TLC will oppose this bill.

House Land & Resource Management Committee hearing Tuesday, March 22

The House Land & Resource Management Committee has scheduled HB 91 by Cook and HB 662 by E. Rodriguez for public hearing Tuesday, March 22 at 12 pm or upon adjournment in E2.016 at the Capitol.  HB 91 would extend the extraterritorial jurisdiction of cities with 25,000 to 49,999 inhabitants from two miles outside its boundaries to three miles.  HB 662 would authorize counties of more than one million containing a national wildlife refuge "to adopt buffer zone regulations and comprehensive land development plans" and provide a penalty for noncompliance.

TLC will oppose HB 91 and HB 662.

House Ways and Means Committee hearing today

TLC opposed HJR 63 by Pickett at the House Ways & Means Committee hearing today at the Capitol.  This bill proposes a constitutional amendment to authorize "the legislature to permit a county to issue bonds to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area and to pledge for repayment of the bonds or notes increases" in property taxes in the area.

Tuesday, March 15, 2011

House Natural Resources Committee hearing today

TLC opposed HB 1547 by Larson at the House Natural Resources Committee hearing today at the Capitol.  This bill would reaffirm a groundwater conservation district's ability to discriminate between landowners in different "geographic areas" over the same aquifer.

Friday, March 11, 2011

TLC Groundwater Ownership bill referred to committee

HB 2398 by S. Miller was referred to the House Natural Resources Committee yesterday.  This bill was drafted by TLC and would require groundwater conservation district rules to be consistent with the Texas and US Constitutions.

Thursday, March 3, 2011

House Land & Resource Management hearing Monday, March 7

The House Land & Resource Management Committee has scheduled eminent domain bills including HB 138 by Callegari, HB 188 by Sheffield, HB 1062 by Murphy, SB 18 by Estes and HB 364 and HB 365 by Turner for public hearing Monday, March 7 at 1 pm or upon adjournment in E2.012 at the Capitol.  


HB 138 would tighten the definition of "blighted area."  HB 188 would prohibit an entity from condemning property if the taking "is not necessary for a public use."  HB 1062 would change "public purpose" to "public use" in the Texas Education Code and the Texas Local Government Code.  SB 18 would provide comprehensive eminent domain reform.


HB 364 and HB 365 would allow the city of Houston to condemn property (condominiums and multi-family residential, respectively) for the elimination of blight if it is unoccupied for one year.


TLC will support HB 138, HB 188, HB 1062 and SB 18 and oppose HB 364 and HB 365.

Saturday, February 26, 2011

House Land & Resource Management hearing Monday, February 28

The House Land & Resource Management Committee will meet Monday, February 28 at 2 pm or upon adjournment in E2.012 at the Capitol to hear invited testimony on eminent domain.

Wednesday, February 23, 2011

Bills referred to House Land & Resource Management Committee

Eminent domain reform
Land use regulation

Senate Natural Resources hearing Tuesday, March 1

The Senate Natural Resources Committee has scheduled SB 332 by Fraser and SB 667 by Duncan for public hearing Tuesday, March 1 at 9 am in E1.012 at the Capitol.  SB 332 would attempt to clarify groundwater ownership but, unfortunately, would not affect rules of a groundwater conservation district enacted before the bill would go into effect.  SB 667 would allow districts to treat groundwater as if it is state-owned.

TLC will support SB 332 and oppose SB 667.

House Ways and Means hearing Monday, February 28

The House Ways and Means Committee has scheduled HB 241 by Parker for public hearing Monday, February 28 at 2 pm or upon final adjournment in E2.014 at the Capitol. HB 241 would eliminate liability for interest on rollback taxes when land loses its agricultural exemption from property tax.

TLC will support this bill.

Wednesday, February 9, 2011

House Speaker announces committee assignments

House Speaker Joe Straus announced committees today.

Here is a list of committee chairs most likely to receive bills affecting property rights: 
  • Agriculture & Livestock: Rep. Rick Hardcastle (Vernon)
  • Border & Intergovernmental Affairs: Rep. Veronica Gonzales (McAllen)
  • Business & Industry: Rep. Joe Deshotel (Beaumont)
  • County Affairs: Rep. Garnet Coleman (Houston)
  • Culture, Recreation & Tourism: Rep. Ryan Guillen (Rio Grande City)
  • Defense & Veterans' Affairs: Rep. Joe Pickett (El Paso)
  • Economic & Small Business Development: Rep. John Davis (Houston)
  • Energy Resources: Rep. Jim Keffer (Eastland)
  • Environmental Regulation: Rep. Wayne Smith (Baytown)
  • Homeland Security & Public Safety: Rep. Sid Miller (Stephenville)
  • Land & Resource Management: Rep. Rene Oliveira (Brownsville)
  • Licensing & Administrative Procedures: Rep. Mike Hamilton (Mauriceville)
  • Natural Resources: Rep. Allan Ritter (Nederland)
  • Public Health: Rep. Lois Kolkhorst (Brenham)
  • State Affairs: Rep. Byron Cook (Corsicana)
  • Transportation: Rep. Larry Phillips (Sherman)
  • Urban Affairs: Rep. Harold Dutton Jr. (Houston)
  • Ways & Means: Rep. Harvey Hilderbran (Kerrville)

S.B. 18 passes Senate

S.B. 18 by Estes, providing comprehensive eminent domain reform, passed the Senate today.  This bill would require good faith negotiations, fair compensation to include diminished access, a ten-year buyback provision, better notice and disclosure by condemning entities, relocation assistance for displaced property owners and a comptroller's list of entities with eminent domain authority.

Tuesday, February 1, 2011

Senate bills referred to committee

Several Senate bills affecting property rights were referred to committee yesterday.  SB 18 and duplicate SB 180 by Estes, which would provide comprehensive eminent domain reform (similar to HB 2006 of 2007 and SB 18 of 2009), were referred to the State Affairs Committee.  SB 136 and SB 137 by Wentworth, which would allow counties to regulate land use, were referred to the Intergovernmental Relations Committee.  SB 274 by Uresti, which would allow groundwater conservation districts in the Hill Country to eliminate exempt wells, was referred to the Natural Resources Committee.

The State Affairs Committee will hold a hearing for SB 18 this Thursday, Feb. 3 in the Senate chamber at 9 a.m.

House bills have not yet been referred to committee because Speaker Joe Straus has not announced House committees.