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).

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.

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.

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."

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."

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.

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.