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EWA Legislative Report

Brought to you by Marida Favia del Core Borromeo, Chairman of the Legislative Committee.
 
INGRAM, Texas - The 2009 legislative Session has started very slowly. The House Committees were announced only on February 12 and the Senate ones a few days earlier. This means that we will have the first hearings starting later this week, and our lawmakers and the entire process will soon go wild trying to catch up on the lost time.  We have a new Speaker who has drastically shaken up the portrait of the House. The House committees look very different from last session and some of their Chairs have also changed. We are not sure what impact this will have on rural Texas. Thousands of bills have been filed or are in the progress of being filed, and the language of these bills might change considerably between now and the hearings. Below are a few that we will track for you. Please remember that you can follow these and other bills any time at www.capitol.state.tx.us.  
 
We will keep you posted on the upcoming hearings and we count on you, as usual, to take advantage of the greatest democracy in the world and to make a difference to shape our life and protect our rights and the future of our children.
 
Please come to our Annual Membership Meeting, March 13-14 in Kerrville, TX, at the Inn of the Hills.
 
As usual, I would like to heartedly thank the Texas Ag Council members and, in particular, Texas Farm Bureau, whose help to me is vital to provide this service to you.
 
Please contact the EWA office should you have any questions. Please remember that, although I am as diligent as I can in reading and summarizing these bills, there might be errors. Please use your judgment and please report those errors as soon as possible, when you find them.
 
Animal and Livestock
HB 205 by Aycock amends the Agriculture Code to exempt dogs used to protect livestock from city restrictions on the restraint of dogs.
 
HB375 by Sid Miller, add "farmed elk" as livestock under the Ag Code. EWA proposed to substitute "farmed elk" with "all elk and their hybrids" to make it more complete.
 
HB 376 by Miller requires the owner of a livestock auction facility located in or not more than 20 miles from the border of an area quarantined for the prevention or control of fever ticks to dip each head of livestock before allowing the livestock to be moved from the premises of the auction facility.
 
HB 458 by Leibowits allows a county with more than one million inhabitants to limit the number of dogs a person may legally own in a residential subdivision, even if the subdivision is not in an incorporated area.
 
HB 836 by Sid Miller authorizes the hunt of feral hogs from a helicopter and urges the TPWD commission to adopt rules to ensure safety.
 
HB 925 by Dutton defines a pit bull or pit bull hybrids as dangerous enough to prohibit minors from caring for them without adult supervision and if the minor is younger than 15 years old.
 
SB 554 by Whitmire defines many common items as dog-fighting paraphernalia.
 
SB 634 by Seliger eliminates any legally acceptable means of tethering and requires a minimum kennel size of 150 SF per dog
 
SB 682 by Eltife relating to the animal identification system. The Texas Animal Health Commission may not make use of an animal identification system mandatory in this state, unless it becomes mandatory at the federal level. A person who voluntarily decides to participate in an animal Id system may at any time withdraw unless the Commission has emanated rules and timetable for a mandatory program because of a federal mandate. The Commission must delete any information regarding such person withdrawing from the program from its database.
 
Private Property
HB 4 by Orr is a comprehensive eminent domain reform bill.  HB 4 is similar to HB 402 and SB 18, described below. This bill requires all the entities having eminent domain authority to send a letter to the State Comptroller's office stating they have this power and under what provision of law they were granted this power. Currently, the state of Texas does not have a list of agencies with eminent domain authority. HB 4 does not include any provisions addressing compensation for property owners.
 
HB 49 by Riddle relates to the creation of the offense of criminal trespass by illegal aliens and to certain procedures for arresting illegal aliens suspected of committing criminal offenses and allowing a peace officer to arrest the offender without warrant if has confirmed with the Immigration and Custom Enforcement that said person is an illegal alien.
 
HB 402 by Woolley relates to the use of eminent domain authority. HB 402 requires condemning entities to negotiate in good faith.  It requires condemning entities to pay the property attorneys fees if they do not negotiate in good faith, and it provides compensation for everything that a willing buyer and seller would normally consider in a transaction, including compensation for diminished access. 
 
HB 402 would also make changes in the condemnation procedure to ensure property owners receive adequate notice of the proceedings and have a say in the selection of the special commissioners who will hear the case.   This bill is very similar to her HB 2006 in 2007 and to SB 18 this session.
 
HB 369 by Betty Brown specifically addresses the issue of compensation for property taken by eminent domain proceedings.  In the case of condemnation by TxDOT, HB 369 specifically lists several factors the courts have previously taken off the table but should be included when considering compensation to a landowner whose property has been partially taken including: diminished access, traffic circulation and counts, visibility and productivity and convenience of use of the property.
 
HJR 14 by Corte is an amendment to the State Constitution designed to limit the public taking of private property.  It would require a condemning agency to pay to the property owner's adequate and just compensation for the taking of the land.  It also limits eminent domain only when it is necessary for the public at large, the state, or one the state's political subdivisions.  It requires a condemning entity to provide clear and convincing evidence that a property is taken, damaged, or destroyed for a public use and it is vital to a certain project.
 
HJR 31 by Anderson proposes a constitutional amendment to prohibit the state or a political subdivision of the state from taking private property for the primary purpose of economic development or to benefit a particular private party.
 
SB 18 by Estes is almost identical to HB 402 by Wolley and both bills strictly resemble HB 2006 of the 2007 Session that Gov. Perry vetoed.
 
SB 219 by Nichols relates to prohibiting the use of eminent domain to take private property for recreational purposes.
 
SB 622 by Hegar contains provisions to compensate property owners for diminished access when it affects the market value of any remaining property.  It   also provides that new highways have access at least every five miles in rural counties containing a population of less than 50,000.
 
Property Taxes
HB 2 by Otto directs the Comptroller to alternate annually between property value studies and audits of appraisal district methods and procedures.  The audits are intended to rein in appraisal districts creatively applying property tax provisions and to improve consistency in the application of tax laws.  HB 2 establishes options for certain property owners to challenge appraisals through arbitration.  HB 2 clarifies that a residence homestead can only be valued at its residential value, rather than at its 'highest and best use' commercial property value.  This would prevent 'condemnation by evaluation' forcing a homeowner to sell because they can't afford to pay commercial value taxes on their home.
 
HB 133 by Villareal and Castro, relates to mandatory sales price disclosure in real property sales; providing a civil penalty
 
HJR 36 by Otto proposes a constitutional amendment authorizing the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property's value as a residence homestead; and authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations. This constitutional amendment is necessary to validate some of the provisions of HB 2 that would be otherwise considered unconstitutional.
 
HJR 38 by Phil King and Bohac proposes an amendment to the Texas Constitution regarding the property tax relief fund.  HJR 38 would require the comptroller to transfer 25% of any unspent balance of the general revenue fund at the end of each fiscal biennium to the property tax relief fund. The money is to be released to the public school districts so they may reduce public school district taxes.
Second Amendment
 
HB 140  by Gonzales Toureilles recognizes as a valid concealed handgun license a license that has already expired when the holder has submitted the application for the renewal of the license before the expiration date and has not received notice that the application has not been denied.
 
HB 559 by Hernandez relates to the nondisclosure of certain personal information in voter registration records and concealed handgun license records that relates to a justice of the peace.
 
HB 410 by Isett and companion SB 838 by Hinojosa completely repeals Section 411.205 that requires a concealed handgun license holder to display his license with the driver license when a peace officer or a magistrate requires it, and forbids the suspension of a concealed handgun license if the holder fails to display it as required by the Section 411.187 (a).
 
SB 730 by Hegar forbids a private or public employer to prohibit an employee who carries a valid concealed handgun license from locking a legal firearm or ammunition in his or her private car.
 
Transportation
HB 11 by Leibowitz repeals the authority for the establishment and operation of the Trans-Texas Corridor.
 
HB 827 by Harper Brown and identical companion SB 488 by Ellis, create a misdemeanor for unsafely passing a "vulnerable" road user.  A vulnerable road user is defined as a person(s) on horse back, pedestrian(s), workers, and operators of equipment other than a motor vehicle (this includes bicycles, motorcycles, horse-driven transportation, and unprotected farm equipment). "Vulnerable" road users must be passed at a safe distance or different lane.
 
SB 384 by Carona relates to the information about the status of pending or ongoing toll roads. The bill removes "promotion" and does not authorize the marketing, advertising, or other activities to influence the public opinion
Water
 
SB 725 by Senator Craig Estes places certain river authorities and other water authorities under sunset review. This action would treat the authorities like other state agencies. It would require the need for the river authorities' continued existence to be reviewed by the sunset commission.  The Authorities set to be placed under sunset are: Brazos River Authority (2013); Canadian River Municipal Water Authority (2015); Guadalupe-Blanco River Authority (2013); Gulf Coast Water Authority (2015); Lower Colorado River Authority (2011); Lower Neches Valley Authority (2015); Sabine River Authority (2011); San Jacinto River Authority (2015); and,  Trinity River Authority of Texas (2011)
 
SB 724 by Hegar makes qualifications of supervisors of a fresh water supply district. According to Texas Farm Bureau, SB 724 would require the supervisors of fresh water supply districts to be registered voters within the district. This legislation is meant to address the issue with non-residents creating a fresh water supply district like occurred in Roberts County with T. Boone Pickens.
 
Wildlife
HB 455 by Gonzales Toureilles aims to create an offense for the trapping of wild deer by a deer breeder to breed, sell, or transfer, and to the civil and criminal consequences of engaging in certain conduct associated with deer breeding; providing penalties: class A Parks and Wildlife Misdemeanor; after third violation
 
TPWD will
·        revoke permits,
·        will file a deed restriction that prohibits deer breeding on the property owned by the person who committed the offense for 5 years
·        confiscate any deer held by that person
 
HB 819 by Bonnen gives power to a federal law enforcement officer of the United States Fish and Wildlife Service to arrest, search, and seizure in case of an offense under Texas law within the boundaries of the National Wildlife Refuge System. This bill might create a very dangerous precedent.
 
HJR 20 by Anderson, Sheffield, and Legler proposes a constitutional amendment relating to the right to hunt and fish. It gives power to the legislature enact a general law to define the term "threatened" with respect to indigenous species of fish or wildlife.
 

EWA Contact Information
phone: 830-367-7761