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.

More Dead Bills After Yesterday's Deadline

Yesterday was the last day for the House to consider senate bills or joint resolutions on third reading and the last day for the Senate to consider any bills or joint resolutions on third reading. Here is a list of bills and resolutions that have died:

TLC Supported

• Eminent Domain Reform: HJR 31 by Anderson, HJR 65 by Davis, SB 18 by Estes, SB 533 by Duncan, and SB 622 by Hegar
  
• Agricultural Valuation Property Tax Rollback: HB 2230 by Parker
• Voluntary NAIS: SB 682 by Eltife
  

TLC Opposed

• Land Use Mitigation Authority: SB 688 by Wentworth
  
• County Regulatory Land Use Authority: SB 578, SB 2202, SB 2451, and SB 2452 by Wentworth; SB 1226 and SB 1227 by Fraser; SB 1370 by Lucio; SB 2222 and SB 2223 by Van de Putte (amended into HB 2919 by S. King); SB 2439 by Uresti (amended into HB 2919 by S. King); and SB 2555 by Hegar
  
• Groundwater District Authority: SB 2530 by Wentworth
  
• Agricultural Valuation Property Tax Rollback: SB 678 by Shapleigh
  

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.

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.

More Eminent Domain Reform Advances

Today SJR 42 by Duncan was placed on the Senate intent calendar after it was reported favorably as substituted by the Senate State Affairs Committee yesterday. This resolution proposes amending the Texas Constitution 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.

Senate State Affairs Hearing Thursday, April 23rd

The Senate State Affairs Committee has scheduled SB 18 by Estes and SJR 42 by Committee Chairman Duncan for public hearing Thursday, April 23rd at 1 pm in the Senate Chamber at the Capitol.

SB 18 is similar to last session's comprehensive eminent domain reform bill, HB 2006, which was vetoed by Governor Perry because it would require compensation for diminished access and thus would be too expensive for the state. TLC registered for this bill at its March 30th public hearing. TLC also registered for HB 1483, SB 18's companion in the House, at its March 25th public hearing.

SJR 42 proposes amending the Texas Constitution 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.

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.