House Committee Passes Senate Bill to Create Military Land Use Control Commissions

Today the House Defense & Veterans' Affairs Committee reported SB 2222 by Van de Putte favorably after its passage in the Senate on May 8th. 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” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

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.

Dyess Air Force Base Land Use Oversight Passes House

Today the House passed HB 2919 by S. King. This bill 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.

Fortunately this bill was not amended with language from HB 2056 by Gallego/SB 2439 by Uresti, HB 143 by McClendon, or SB 2222 and SB 2223 by Van de Putte. All of these bills would give counties direct land use control on private property surrounding bases.

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.

Senate's Military Land Use Regulation Bills Referred to House Committee

SB 2222 by Van de Putte and SB 2439 by Uresti have been referred to the House Defense & Veterans' Affairs Committee after their passage in the Senate on May 8th.

SB 2222 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” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

SB 2439 and its companion, HB 2056 by Gallego, would allow the regulation of private land surrounding Laughlin Air Force Base in Del Rio. HB 2056 has been on the General State Calendar since May 11th.

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.

Military Land Use Regulation Bills Await Readings on House Floor

HB 2919 by S. King has been on the General State Calendar since May 8th, and HB 2056 by Gallego has been on the General State Calendar since May 11th.

HB 2919 may come to the House Floor for its second reading later today. This bill would require a "defense community" to consult with defense base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

HB 2056 and its companion, SB 2439 by Uresti, would allow regulation of private land surrounding Laughlin Air Force Base in Del Rio. The House received SB 2439 on May 11th after its passage in the Senate on May 8th.

County Land Use Mitigation Advances

HB 2693 by Rodriguez has been placed on the General State Calendar for May 14th.  This bill would allow Travis and Bexar Counties to charge property owners impact fees for arterial streets serving a subdivision.

Senate Passes Second Bill to Create Military Land Use Control Commissions

Tonight the House received SB 2223 by Van de Putte after its passage in the Senate today. This bill would allow a “defense community” that includes a city of at least 1.1 million to create a “regional military sustainability commission” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

On May 8th, the House received similar bill, SB 2222 by Van de Putte, after its passage in the Senate. 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 RMSC.

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."

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.

Land Use Regulation Surrounding Laughlin Air Force Base Advances

Today HB 2056 by Gallego was placed on the General State Calendar, and the House received its companion, SB 2439 by Uresti, from the Senate. These bills would allow regulation of private land surrounding Laughlin Air Force Base in Del Rio.

Second Bill to Create Military Land Use Control Commissions Advances

Today SB 2223 by Van de Putte was placed on the Senate intent calendar for Monday, May 11th. This bill would allow a “defense community” that includes a city of at least 1.1 million to create a “regional military sustainability commission” to establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training).

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.

Another Military Land Use Regulation Bill Advances

Today HB 2919 by King was placed on the General State Calendar for its second reading. This bill would require a "defense community" to consult with defense base authorities before adopting an ordinance or approving a permit for a proposed structure within 8 miles of the base.

Senate Passes Bill to Create Laughlin Air Force Base Zoning Board

Today the Senate had second and third readings and passed SB 2439 by Uresti as amended.  This bill would create a regional military sustainability commission for Laughlin Air Force Base in Del Rio.

On April 22nd, the House Defense and Veterans' Affairs Committee reported its companion, HB 2056 by Gallego, favorably as substituted. The bill is currently in the House Calendars Committee, where it could be scheduled to come to the House floor.

Senate Passes Bill to Create Military Land Use Control Commissions

Today the Senate had second and third readings and passed SB 2222 by Van de Putte.

The Senate Veteran Affairs & Military Installations Committee, which Senator Van de Putte chairs, voted on this bill on April 22nd. Senator Huffman was the only member of the committee to vote against SB 2222. He also voted against similar bill, SB 2223 by Van de Putte, and SB 2439 by Uresti.

SB 2222 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” (RMSC). This commission would establish "compatible development standards" and review new projects within 2 miles of a military installation (3 miles if created during flight training); SB 2223 would allow a “defense community” that includes a city of at least 1.1 million to create a RMSC.

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."

Zoning Surrounding Laughlin Air Force Base Passes House & Senate Committees

Today the Senate Veteran Affairs & Military Installations Committee reported SB 2439 by Uresti favorably as substituted.

TLC registered against SB 2439 on Wednesday, April 8th and testified against HB 2056 by Gallego, SB 2439's companion in the Senate, on Wednesday, March 25th. On April 22nd, the House Defense and Veterans' Affairs Committee reported HB 2056 favorably as substituted.

These bills would create a Joint Airport Zoning Board to regulate the use of private land surrounding Laughlin Air Force Base in Del Rio. Noncompliance would be considered a misdemeanor punishable by fines of up to $1,000 per day.