TLC POSITION ON LEGISLATION
AGAINST - HB 3998 by Wilson. Would effectively make it the policy of the state to take groundwater from it's rightful owners totally ignoring landowners rights in groundwater.
Includes: “The state's policy is to monetize surface water and groundwater through water trading free markets that establish true market value. Water shall be freely transported across the state without unjustified governmental regulation, other than regulation necessary to conserve the state's natural and ecological resources, and to ensure environmental sustainability.”
“Environmental sustainability” is a very broad term and certainly is not well, or spring sustainability. We have 300 foot draw down DFCs now that will leave land and wells dry and it has been declared that this will not harm aquifers. “No harm to aquifers” will translate to being “environmental sustainability.” It is pure deception. Does not ensure sustainable rates of groundwater production, or that perennial springs continue to flow and people’s wells are not pumped dry.
AGAINST - HB 298 by Murr - Defines a procedure a state agency must follow before issuing an opinion that a stream bed on private property is “navigable” and open to the public. HB 298 does nothing to correct the clear violation of property rights of allowing the public free access to property deeded to private citizens more than 100 years ago. HB 298 requires a landowner to file a suit within 60 days if he disputes an opinion that a stream bed is navigable. This is an additional burden on landowners.
AGAINST - HB 726, HB 1066, and SB 800 have provisions almost identical to HB 2378 in 2017, which was vetoed by Governor Abbott, who said it “would have essentially mandated that export permits issued by groundwater conservation districts be extended indefinitely.” If it is found that permitted production is pumping wells and springs dry, permits will have to be reduced and therefore should not be extended indefinitely.
AGAINST HB 1304 by Zweiner - would impose per gallon production fees on permitted wells.
Where in place, these motivate districts to allow excessive pumping.
FOR - HB 969 provides that a political subdivision may not adopt an ordinance that prohibits or limits the removal of brush.
AGAINST-HB 928 Anchia- Creates Texas Climate Change Mitigation & Adaptation Commission.
FOR - HB 163, by Canales, would decrease the penalty imposed upon land appraised for agricultural use when the use changes. Section 23.55 (a), Tax Code requires the difference between the tax at market value and agricultural value for the preceding five years plus seven percent interest to be paid when the use changes. HB 163 would decrease the penalty to three years plus five percent. The current penalty often amounts to 20% of the net gain on the sale of the land, making it one of the most burdensome taxes in existence.
FOR - HB 281 - Would ban tax payer paid lobbyists.
FOR - SB 421 by Kolkhorst - Requires a condemnor to pay a penalty if their initial offer is 25% less than the special commissioners award. Property owners may challenge the eminent domain authority of a private entity in court.
