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.

House Passes Bill to Create Endangered Species Task Force

Last night, the House passed SB 2534 by Wentworth (House Sponsor Corte). 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.

The only Representatives voting against SB 2534 were D. Miller and S. Miller.  Absent were Kuempel, Pitts, Callegari, and Creighton.

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).

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.

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.

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.

Endangered Species Task Force Advances

Today the House Culture, Recreation & Tourism Committee reported SB 2534 by Wentworth favorably. The Senate passed the bill with a 31-0 vote on May 7th.

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.

Unfortunately Texas Wildlife Association, Comptroller Susan Combs, Texas Watershore Management Foundation, Texas Farm Bureau, Bexar County Commissioners Court, Texas Association of Builders, and Texas and Southwestern Cattle Raisers Association are on record for this bill.

More Land Use Mitigation Advances

SB 688 by Wentworth has been placed on the Senate's intent calendar for May 14th.

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.

House Land & Resource Management Hearing Wednesday, April 8th

The House Land & Resource Management Committee has scheduled the following county land use regulation bills for public hearing on Wednesday, April 8th at 8 am in E2.012 at the Capitol: HB 2606 by Hunter, HB 4175 by Bolton, and HB 4262 by Rodriguez.

HB 2606 would grant Aransas County zoning authority within 2 miles of recreational areas. Noncompliance would be considered a misdemeanor punishable by fine, imprisonment, or both.

HB 4175 would allow Travis County to adopt buffer zone regulations of any distance between "industry" and any land use they deem appropriate to protect. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.

HB 4262 would grant both Bexar County (in cooperation with the City of San Antonio) and Travis County (in cooperation with the City of Austin) zoning authority in the ETJ. This bill would also grant these joint zoning commissions authority to regulate the extraction and use of groundwater. Noncompliance would be considered a misdemeanor punishable by fine, imprisonment, or both.

TLC will testify against these bills.

HB 4175's companion in the Senate, SB 2451, and HB 4262's companion, SB 2202, are both authored by Senator Wentworth and have been referred to the Senate Intergovernmental Relations Committee, of which Wentworth is a member, but have not yet been scheduled for a hearing.

Let the Hearings Begin

Today, Jimmy provided TLC's position on SB 688 by Wentworth at a Senate Education Committee hearing. TLC opposes this bill as it 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.

Thus far, SB 688 is the only bill TLC is tracking that has been scheduled for a hearing.